[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Page 67927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32851]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 /
Rules and Regulations
[[Page 67927]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1075
[DA-96-12]
Milk in the Black Hills, South Dakota, Marketing Area;
termination of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; Termination order.
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SUMMARY: This rule terminates the remaining administrative provisions
of the Black Hills, South Dakota, Federal milk marketing order (Order
75), effective December 31, 1996. All of the monthly operating
provisions were terminated as of October 1, 1996. Termination of this
order was requested by Black Hills Milk Producers, a cooperative
association that represents all of the producers whose milk is pooled
under the order.
EFFECTIVE DATE: December 31,1996.
FOR FURTHER INFORMATION CONTACT: Constance M. Brenner, Marketing
Specialist, USDA/AMS/Dairy Division, Order Formulation Branch, Room
2971, South Building, P.O. Box 96456, Washington, DC 20090-6456, (202)
720-2357; e-mail address, connie__m__brenner@usda.gov.
SUPPLEMENTARY INFORMATION: Prior document in this proceeding:
Termination Order: Issued August 30, 1996; published September 6, 1996
(61 FR 47038).
The Department is issuing this rule in conformance with Executive
Order 12866.
This termination order has been reviewed under Executive Order
12988, 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 request
modification or exemption from such order by filing 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. 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 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 Black Hills, South Dakota, marketing area.
Small Business Consideration
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.), the Agricultural Marketing Service has considered the economic
impact of this action on small entities and prepared an analysis which
was included in the Black Hills, South Dakota, termination order
published September 6, 1996 (61 FR 47038). This action merely
terminates the administrative provisions that were embodied, by
reference, in Sec. 1075.1 of the order. The market administrator, in
his capacity as the orders liquidating agent, has completed the
disbursement of all of the money remaining in the administrative,
producer-settlement, and marketing service funds established under the
order. Accordingly, the remaining provisions of the order are
terminated.
Statement of Consideration
This rule terminates the remaining administrative provisions of the
Black Hills, South Dakota, Federal milk order. Termination is favored
by a majority of the producers engaged in the production of milk for
sale in the marketing area in the representative period, determined to
be June 1996, and such producers produced more than 50 percent of the
milk produced for sale in the Black Hills, South Dakota, milk marketing
area in such representative period. Section 608(c)(16)(B) of the
Agricultural Marketing Agreement Act of 1937, as amended, requires that
if a majority of the producers engaged in the production of milk for
sale in the marketing area in a representative period determined by the
Secretary favor termination of the order, and such producers produced
more than 50 percent of the milk produced for sale in the marketing
area in the representative period, that such order shall be terminated.
Therefore, the provisions of the order, as amended, were terminated
effective October 1, 1996 subject to specific exceptions. The
termination order left intact certain administrative provisions that
were embodied, by reference, in Sec. 1075.1 of the order.
The market administrator, in his capacity as the order's
liquidating agent, has completed the disbursement of all of the money
remaining in the administrative, producer-settlement, and marketing
service funds established under the order. Hence, the remaining
provisions of the order should be terminated.
Therefore, the aforesaid provisions of Sec. 1075.1 of the order are
hereby terminated.
For good cause shown, this rule shall be effective December 31,
1996. Neither a comment period nor a 30-day effective date is provided
in that all other provisions of the order were terminated effective
October 1, 1996, and no parties are affected by this action.
List of Subjects in 7 CFR Part 1075
Milk marketing orders.
PART 1075-MILK IN THE BLACK HILLS, SOUTH DAKOTA MARKETING AREA--
[REMOVED]
For the reasons set forth in the preamble and under the authority
of 7 U.S.C. 601-674, 7 CFR part 1075 is removed.
Dated: December 19, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-32851 Filed 12-24-96; 8:45 am]
BILLING CODE 3410-02-P
