[Federal Register Volume 60, Number 26 (Wednesday, February 8, 1995)]
[Proposed Rules]
[Pages 7465-7466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3147]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 /
Proposed Rules
[[Page 7465]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1126
[DA-95-12]
Milk in the Texas Marketing Area; Proposed Suspension of Certain
Provisions of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed suspension of rule.
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SUMMARY: This document invites written comments on a proposal to
suspend certain provisions of the Texas Federal milk marketing order
from March 1, 1995, through July 31, 1995. The proposed suspension
would remove the diversion limitation applicable to cooperative
associations. Associated Milk Producers, Inc., a cooperative
association representing a substantial number of producers who supply
milk to the market, has requested the suspension. The cooperative
asserts that the suspension is necessary to prevent uneconomical and
inefficient movements of milk.
DATES: Comments are due no later than February 23, 1995.
ADDRESSES: Comments (two copies) should be filed with the USDA/AMS/
Dairy Division, Order Formulation Branch, Room 2971, South Building,
P.O. Box 96456, Washington, DC 20090-6456.
FOR FURTHER INFORMATION CONTACT: Clifford M. Carman, Marketing
Specialist, USDA/AMS/Dairy Division, Order Formulation Branch, Room
2971, South Building, P.O. Box 96456, Washington, DC 20090-6456, (202)
720-9368.
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
rule would not have a significant economic impact on a substantial
number of small entities. This rule would lessen the regulatory impact
of the order on certain milk handlers and 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 rule in conformance with
Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is not intended to have a retroactive
effect. If adopted, this proposed rule 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
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 law and request 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.
Notice is hereby given that, pursuant to the provisions of the
Agricultural Marketing Agreement Act, the suspension of the following
provision of the order regulating the handling of milk in the Texas
marketing area is being considered for the months of March 1, 1995,
through July 31, 1995: In Sec. 1126.13, paragraph (e)(2).
All persons who want to submit written data, views or arguments
about the proposed suspension should send two copies of their views to
the USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456, by the 15th day
after publication of this notice in the Federal Register. The period
for filing comments is limited to 15 days because a longer period would
not provide the time needed to complete the required procedures before
the requested suspension is to be effective.
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 proposed rule would suspend certain provisions of the producer
milk definition of the Texas order for the months of March through July
1995. The proposed suspension would remove the limitation on the amount
of producer milk that a cooperative may divert to a nonpool plant.
Currently the order permits a cooperative association to divert up
to one-third of the amount of producer milk that the cooperative causes
to be physically received during the month at handlers' pool plants to
nonpool plants. The diversion provisions provide an efficient means to
move milk that is in excess of fluid milk needs directly from farms to
nonpool plants for manufacturing and still be priced under the order.
Associated Milk Producers, Inc. (AMPI), a cooperative association
representing a substantial number of producers who supply milk to the
market, has requested the suspension. AMPI states that during recent
months the cooperative has reached maximum pooling capability because
of the diversion limitations to nonpool plants. AMPI contends that
during the flush season (March through July) the cooperative will be
adversely impacted as local production expands and the cooperative
exceeds the one-third diversion limitation. AMPI projects that when
this occurs more milk will be shipped to other pool plants than is
needed at such plants to gain eligibility for pooling and diversion
status. Absent a suspension, AMPI asserts that costly and inefficient
movements of milk would have to be made to maintain pool status of
producers who have historically supplied the fluid milk needs of the
market.
Accordingly, it may be appropriate to suspend the aforesaid
provisions from March 1, 1995, through July 31, 1995. [[Page 7466]]
List of Subjects in 7 CFR Part 1126
Milk marketing orders.
The authority citation for 7 CFR Part 1126 continues to read as
follows:
Authority: Secs. 1-19, 48 Stat 31, as amended; 7 U.S.C. 601-674.
Dated: February 2, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-3147 Filed 2-7-95; 8:45 am]
BILLING CODE 3410-02-P
