[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Pages 55179-55180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26792]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1099
[DA-95-27]
Milk in the Paducah, Kentucky, Marketing Area; Termination of
Certain Provisions of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule terminates all but certain administrative provisions
of the Paducah, Kentucky, Federal milk marketing order, effective upon
publication in the Federal Register. The remaining provisions will be
terminated at a later date. The termination is necessary because the
terms and provisions of the order do not effectuate the declared policy
of the Act.
EFFECTIVE DATE: November 1, 1995.
FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist,
USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1932.
SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (5 U.S.C.
601-612) requires the Agency to examine the impact of a proposed rule
on small entities. Pursuant to 5 U.S.C. 605(b), the Administrator of
the Agricultural Marketing Service has certified that this rule will
not have a significant economic impact on a substantial number of small
entities. The dairy farmers and regulated handlers that were subject to
the Paducah, Kentucky, order are now subject to comparable regulatory
provisions of the order regulating the handling of milk in the adjacent
Southeast marketing area. Accordingly, the Paducah order is no longer
needed.
The Department is issuing this rule in conformance with Executive
Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is not intended to have a retroactive
effect. This rule will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674), provides that administrative proceedings must be
exhausted before parties may file suit in court. Under section
608c(15)(A) of the Act, any handler subject to an order may file with
the Secretary a petition stating that the order, any provisions of the
order, or any obligation imposed in connection with the order is not in
accordance with the law and requesting a modification of an order or to
be exempted from the order. A handler is afforded the opportunity for a
hearing on the petition. After a hearing, the Secretary would rule on
the petition. The Act provides that the district court of the United
States in any district in which the handler is an inhabitant, or has
its principal place of business, has jurisdiction in equity to review
the
[[Page 55180]]
Secretary's ruling on the petition, provided a bill in equity is filed
not later than 20 days after the date of the entry of the ruling.
This order of termination is issued pursuant to the provisions of
the Agricultural Marketing Agreement Act and of the order regulating
the handling of milk in the Paducah, Kentucky, marketing area.
Statement of Consideration
This rule terminates all but certain administrative provisions of
the Paducah, Kentucky, Federal milk marketing, order (Order 99),
effective upon publication in the Federal Register.
There currently are no handlers regulated under the Paducah,
Kentucky, order. Turner Dairies, the one handler that was regulated
under Order 99, recently became regulated under the Southeast order
because of its sales into that marketing area. Producers who ship their
milk to Turner's Fulton, Kentucky, plant now have their milk pooled
under the adjacent Southeast Federal milk order.
Since there are no plants left under the Paducah, Kentucky, order,
the order should be terminated because the terms and provisions of the
order no longer effectuate the declared policy of the Act.
For good cause shown, this rule shall be effective on publication.
Neither a comment period nor a 30-day effective date is provided since
no interested party will be affected by this rule.
List of Subjects in 7 CFR Part 1099
Milk marketing orders.
Order
It is therefore ordered, That the terms and provisions of the
order, as amended, regulating the handling of milk in the Paducah,
Kentucky, marketing area (7 CFR Part 1099), except Sec. 1099.1, which
incorporates the General Provisions in Part 1000, are hereby
terminated, effective upon publication in the Federal Register.
PART 1099--MILK IN THE PADUCAH, KENTUCKY, MARKETING AREA
1. The authority citation for 7 CFR Part 1099 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Secs. 1099.2 through 1099.86 [Removed]
2. Sections 1099.2 through 1099.86 are removed, effective upon
publication in the Federal Register.
Dated: October 23, 1995.
Shirley R. Watkins,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-26792 Filed 10-27-95; 8:45 am]
BILLING CODE 3410-02-P
