[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3503]
[[Page Unknown]]
[Federal Register: February 16, 1994]
VOL. 59, NO. 32
Wednesday, February 16, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1011
[DA-94-07]
Milk in the Tennessee Valley Marketing Area; Proposed Temporary
Reduction of Supply Plant Shipping Percentage
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed temporary revision of rule.
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SUMMARY: This document invites comments on a proposal to temporarily
reduce the supply plant shipping requirement of the Tennessee Valley
Federal milk order (Order 11) for the months of March through July
1994. The proposed action was requested by Armour Foods Ingredients
Company (Armour), which operates a proprietary supply plant pooled
under Order 11. Armour contends the action is necessary to prevent the
uneconomical movement of milk and to ensure that producer milk
associated with the market in the fall will continue to be pooled in
the spring and summer months.
DATES: Comments are due no later than February 23, 1994.
ADDRESSES: Comments (two copies) should be filed with the USDA/AMS/
Dairy Division, Order Formulation Branch, room 2968, South Building,
P.O. Box 96456, Washington, DC 20090-6456.
FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist,
USDA/AMS/Dairy Division, Order Formulation Branch, room 2968, 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 proposed
action would not have a significant economic impact on a substantial
number of small entities. Such action would tend to ensure that dairy
farmers would continue to have their milk priced under the order and
thereby receive the benefits that accrue from such pricing.
The Department is issuing this proposed action in conformance with
Executive Order 12866.
This proposed action has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have a 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 the 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
8c(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 law and request a modification of the 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.
Notice is hereby given that, pursuant to the provisions of the
Agricultural Marketing Agreement Act of 1937 and the provisions of
Sec. 1011.7(b) of the order, temporary revision of certain provisions
of the order regulating the handling of milk in the Tennessee Valley
marketing area is being considered for the months of March 1, 1994,
through July 31, 1994.
All persons who wish to send written data, views or arguments about
the proposed revision should send two copies of them to the USDA/AMS/
Dairy Division, Order Formulation Branch, room 2968, South Building,
P.O. Box 96456, Washington, DC 20090-6456, by the 7th day after
publication of this document in the Federal Register. The period for
filing comments is limited to 7 days because a longer period would not
provide the time needed to complete the required procedures before the
requested revision is to be effective.
All written submissions made pursuant to this document will be made
available for public inspection in the Dairy Division during regular
business hours (7 CFR 1.27(b)).
Statement of Consideration
The proposed revision would reduce from 40 to 30 percent the supply
plant shipping requirement for the period of March through July 1994.
The Tennessee Valley order requires that a supply plant ship a minimum
of 60 percent of the total quantity of milk physically received at the
supply plant during the months of August through November, January, and
February, and 40 percent in each of the other months. The order also
provides authority for the Director of the Dairy Division to increase
or decrease this supply plant shipping requirement by up to 10
percentage points if such a revision is necessary to obtain needed
shipments of milk or to prevent uneconomic shipments.
Armour states that it would have to make uneconomical shipments of
milk to meet the 40 percent supply plant shipping requirement to
continue its pool status. Additionally, the proponent states that the
40 percent requirement could jeopardize the continued association of
producers who have supplied the Order 11 market in the fall.
Armour anticipates that marketing conditions in 1994 will mirror
those in 1993, when the shipping percentage was also reduced. It
expects milk supplies to be adequate to meet the Class I needs of the
market.
List of Subjects in 7 CFR Part 1011
Milk marketing orders.
The authority citation for 7 CFR part 1011 continues to read as
follows:
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-
674.
Dated: February 8, 1993.
Richard M. McKee,
Acting Director, Dairy Division.
[FR Doc. 94-3503 Filed 2-15-94; 8:45 am]
BILLING CODE 3410-02-P
