[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29082]
[[Page Unknown]]
[Federal Register: November 23, 1994]
VOL. 59, NO. 225
Wednesday, November 23, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1079
[DA-95-07]
Milk in the Iowa Marketing Area; Notice of Proposed Revision of
Pool Supply Plant Shipping Percentage
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed revision of rules.
-----------------------------------------------------------------------
SUMMARY: This notice invites written comments on a proposal to increase
the percentage of a supply plant's receipts that must be delivered to
fluid milk plants to qualify a supply plant for pooling under the Iowa
Federal milk order. The applicable percentage would be increased by 10
percentage points, from 20 percent to 30 percent. The action is
requested on behalf of Anderson-Erickson Dairy Company of Des Moines,
Iowa, a proprietary distributing plant that is regulated under the
order. Proponent contends that the action is needed to obtain an
adequate supply of milk for fluid use.
DATES: Comments are due no later than November 30, 1994.
ADDRESSES: Comments (two copies) should be sent to USDA/AMS/Dairy
Division, Order Formulation Branch, Room 2968, South Building, P.O. Box
96456, Washington, DC 20090-6456.
FOR FURTHER INFORMATION CONTACT: Constance M. Brenner, Marketing
Specialist, USDA/AMS/Dairy Division, Order Formulation Branch, Room
2968, South Building, P.O. Box 96456, Washington, DC 20090-6456, (202)
720-7311.
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 action would
not have a significant economic impact on a substantial number of small
entities. Such action would tend to ensure that an adequate supply of
fluid milk is available to consumers in the marketing area.
The Department is issuing this proposed rule in conformance with
Executive Order 12866.
This proposed revision of rules has been reviewed under Executive
Order 12778, Civil Justice Reform. This action is not intended to have
retroactive effect. If adopted, this proposed action will not preempt
any state or local laws, regulations, or policies, unless they present
an irreconcilable conflict with this rule.
The Act 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 provision 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 Secretary's ruling on the petition, provided a bill in equity is
filed not later than 20 days after date of the entry of the ruling.
Notice is hereby given that, pursuant to the provisions of the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), and the provisions of Sec. 1079.7(b)(1) of the order, the
revision of certain provisions of the order regulating the handling of
milk in the Iowa marketing area is being considered for the months of
December 1, 1994 through March 31, 1994.
All persons who desire to submit written data, views or arguments
about the proposed revision should send two copies of their views to
USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456 by the 7th day
after publication of this notice in the Federal Register. The filing
period is limited to seven days because proponent asked that this
revision be effective for the period of December 1, 1994 through March
31, 1995.
All written submissions made pursuant to this notice will be made
available for public inspection in the Dairy Division during regular
business hours (7 CFR 1.27(b)).
Statement of Consideration
The provision proposed for revision is the percentage of a supply
plant's receipts required to be shipped to pool distributing plants
pursuant to Sec. 1079.7(b) of the Iowa Federal milk order (Order 79).
As proposed, the percentage of a supply plant's receipts that must be
shipped to pool distributing plants (fluid milk plants) if the supply
plant is to be considered a pool plant would be increased by the
maximum allowable 10 percentage points, from 20 percent to 30 percent,
for the period December 1, 1994 through March 31, 1995.
Section 1079.7(b)(1) allows the Director of the Dairy Division to
reduce or increase a pool supply plant's minimum shipping requirement
by up to 10 percentage points to prevent uneconomic milk shipments or
to assure an adequate supply of milk for fluid use.
Anderson-Erickson Dairy Company (A-E), a fluid milk processing
plant that is a pool distributing plant under Order 79, requested that
the shipping percentage be increased. The handler's request states that
although milk supplies on the market are plentiful, suppliers are
unable or unwilling to supply milk to A-E at the present market price,
leaving A-E short of its needs for fluid milk by 3 loads of milk per
day. A-E cites the $1.93 difference between Class III and Class III-A
prices as a factor in causing milk supplies to be retained in nonfat
dry milk operations instead of being made available to the fluid
market.
In view of the foregoing, it may be appropriate to increase the
shipping percentage requirements for pool supply plants under Order 79
for the period December 1, 1994 through March 31, 1995.
List of Subjects in 7 CFR Part 1079
Milk marketing orders.
The authority citation for 7 CFR Part 1079 continues to read as
follows:
Authority: (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-
674).
Dated: November 21, 1994.
Richard M. McKee,
Director, Dairy Divison.
[FR Doc. 94-29082 Filed 11-22-94; 8:45 am]
BILLING CODE 3410-02-P
