[Federal Register Volume 60, Number 21 (Wednesday, February 1, 1995)]
[Rules and Regulations]
[Pages 6005-6006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2447]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1032
[DA-95-08]
Milk in the Southern Illinois-Eastern Missouri Marketing Area;
Suspension of Certain Provisions of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Suspension of rule.
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SUMMARY: This document suspends a portion of the pool supply plant
definition of the Southern Illinois-Eastern Missouri Federal milk
marketing order (Order 32) for the month of January 1995. The proposed
suspension was requested by Mid-America Dairymen, Inc., and Prairie
Farms, Inc., which contend the proposed action is necessary to ensure
that producers' milk historically associated with Order 32 will
continue to be priced and pooled under the order.
EFFECTIVE DATE: January 1, 1995, through January 31, 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: Prior document in this proceeding:
Notice of Proposed Suspension: Issued December 27, 1994; published
January 3, 1995 (60 FR 65).
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.
This rule lessens the regulatory impact of the order on certain milk
handlers and tends to ensure that dairy farmers will continue to have
their milk priced under the order and thereby receive the benefits that
accrue from such pricing.
The Department is issuing this final 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 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 suspension is issued pursuant to the provisions of
the Agricultural Marketing Agreement Act and of the order regulating
the handling of milk in the Southern Illinois-Eastern Missouri
marketing area.
Notice of proposed rulemaking was published in the Federal Register
on January 3, 1995 (60 FR 65) concerning a proposed suspension of
certain provisions of the order. Interested persons were afforded
opportunity to file written data, views and arguments thereon. One
comment letter supporting the proposed suspension was received.
After consideration of all relevant material, including the
proposal in the notice and other available information, it is hereby
found and determined that for the period of January 1, 1995, through
January 31, 1995, the following provisions of the order do not tend to
effectuate the declared policy of the Act:
In Sec. 1032.7(c), the words ``each of'', the letter ``s'' at the
end of the word ``months'', and the words ``through January'' and ``for
the months of February''.
Statement of Consideration
This rule suspends a portion of the pool supply plant definition of
the Southern Illinois-Eastern Missouri Federal milk order. The
suspension allows a supply plant to qualify as a pool plant during the
month of January 1995 if it qualified as a pool supply plant during the
immediately preceding month of September.
Mid-America Dairymen, Inc. (Mid-America), and Prairie Farms, Inc.
(Prairie Farms), jointly requested the suspension. According to the
request letter, Mid-America lost a major account with a pool
distributing plant regulated under Order 32, effective December 16,
1994. As a result, Mid-America and Prairie Farms contend that much of
the producer milk supplying the distributing plant will no longer be
needed for Class I use. The proponents assert that the order should not
penalize producers who have historically supplied the Class I needs of
the market by requiring milk shipments that are not needed.
Mid-America and Prairie Farms filed a comment letter reiterating
its support for the proposed suspension. No comments were received in
opposition to the proposed action.
The suspension is found to be necessary for the purpose of assuring
[[Page 6006]] that producers whose milk has long been associated with
the Southern Illinois-Eastern Missouri marketing area will continue to
benefit from pooling and pricing under the order.
It is hereby found and determined that thirty days' notice of the
effective date hereof is impractical, unnecessary and contrary to the
public interest in that:
(a) The suspension is necessary to reflect current marketing
conditions and to assure orderly marketing conditions in the marketing
area, in that such rule is necessary to permit the continued pooling of
the milk of dairy farmers who have historically supplied the market
without the need for making costly and inefficient movements of milk;
(b) This suspension does not require of persons affected
substantial or extensive preparation prior to the effective date; and
(c) Notice of proposed rulemaking was given interested parties and
they were afforded opportunity to file written data, views or arguments
concerning this suspension. One comment letter supporting the proposed
suspension was received.
Therefore, good cause exists for making this order effective less
than 30 days from the date of publication in the Federal Register.
List of Subjects in 7 CFR Part 1032
Milk marketing orders.
For the reasons set forth in the preamble, the following provision
in Title 7, Part 1032, is amended as follows:
PART 1032--MILK IN THE SOUTHERN ILLINOIS-EASTERN MISSOURI MARKETING
AREA
1. The authority citation for 7 CFR Part 1032 continues to read as
follows:
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-
674.
Sec. 1032.7 [Suspended in part]
2. In Sec. 1032.7(c), the words ``each of'', the letter ``s'' at
the end of the word ``months'', and the words ``through January'' and
``for the months of February'', are suspended for the period of January
1, 1995, through January 31, 1995.
Dated: January 27, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-2447 Filed 1-31-95; 8:45 am]
BILLING CODE 3410-02-P
