[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Rules and Regulations]
[Pages 11293-11294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6695]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1002
[DA-95-23B]
Milk in the New York-New Jersey Marketing Area; Final Rule:
Termination of Certain Order Provisions and Removal of Certain
Regulations of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule removes certain sections of the New York-New
Jersey Federal milk marketing order (Order 2). Specifically, this
document removes the requirements that certain changes to the market
administrator's rules and regulations be published in the Federal
Register. Additionally, this rule removes from the Annual Code of
Federal Regulations the publication of two Order 2 sections containing
the market administrator's rules and regulations concerning cooperative
payments. This action is taken to reduce printing costs and to comply
with the President's regulatory reform initiative.
EFFECTIVE DATE: March 20, 1996.
FOR FURTHER INFORMATION CONTACT: Gino Tosi, Marketing Specialist, USDA/
AMS/Dairy Division, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456, (202)690-1366.
SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Interim
Rule; Issued November 27, 1995; published December 4, 1995 (60 FR
62018).
This regulatory action is being taken as part of the National
Performance Review Program to eliminate unnecessary regulations and
improve those that remain in force.
The Department is issuing this rule in conformance with Executive
Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires the
Agency to examine the impact of a 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 action reduces
the cost involved with publishing in the Federal Register and the
annual Code of Federal Regulations rules and regulations that are
printed and made available to interested parties by the market
administrator.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. The rule is not intended to have a retroactive effect.
The 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 provision 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.
This rule is issued pursuant to the provisions of the Agricultural
Marketing Agreement Act and of the order regulating the handling of
milk in the New York-New Jersey marketing area. It is hereby found and
determined that the following provisions of the order no longer
effectuate the declared policy of the Act:
[[Page 11294]]
1. In Sec. 1002.77(i)(1), the words: ``published in the Federal
Register and''.
2. In Sec. 1002.77(i)(3), the words: ``approval, and shall be
published in the Federal Register following such''.
In addition, the following provisions of the rules and regulations
issued under the order do not need to be published in the annual Code
of Federal Regulations:
3. Subpart--Conduct of Hearings Relating to Suspended Cooperative
Payments (Secs. 1002.300 through 1002.353).
4. Subpart--Cooperative Payment Rules and Regulations Approval of
Tentative Amendment (Secs. 1002.400 through 1002.444).
Findings and Determinations
This action terminates the provisions which require that in two
particular situations the rules and regulations issued by the market
administrator of the New York-New Jersey order (Order 2) be published
in the Federal Register. Additionally, the two Order 2 subparts which
contain the market administrator's rules and regulations related to
cooperative payments will no longer be published in the annual Code of
Federal Regulations.
The market administrator will continue to issue any specific rules
and regulations that are needed to effectuate the provisions of the
order regulating the handling of milk in the Order 2 marketing area.
These rules and regulations are, and will continue to be, issued to
facilitate the administration of the order and are updated as
necessary, published, and made available to interested parties.
Industry representatives may request a copy of the rules and
regulations, which must be approved by the Secretary, from the market
administrator at any time.
This action will not change the rules and regulations previously
issued by the Order 2 market administrator and in effect now to carry
out the regulatory provisions of the order. Order 2 establishes
specific procedures that must be followed by the market administrator
in revising the rules and regulations. It also sets forth methods
whereby interested parties are informed about proposals to change the
rules and regulations and how they may participate in the rulemaking
process.
The printing and procedural functions involving the implementation
or revision of the rules and regulations concerning cooperative
payments for Order 2 are accomplished by the market administrator in
the performance of his duties. These matters are being adequately
performed by the Order 2 market administrator. Thus, it is not
necessary to replicate the market administrator's efforts by requiring
that they be published in the Federal Register or that the Order 2
subparts containing the rules and regulations be published in the Code
of Federal Regulations each year. Furthermore, this action is
consistent with the President's regulatory reform initiative.
Accordingly, with regard to the termination of the aforesaid
provisions of the order as hereinafter set forth, it is hereby found in
accordance with the Act that these provisions no longer tend to
effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it
is hereby found and determined that it is unnecessary to postpone the
effective date of this action until 30 days after the publication of
this document in the Federal Register because this action was
previously taken on an interim basis in a document that was published
in the Federal Register on December 4, 1995 (60 FR 62018). Interested
parties had until January 3, 1996, to file their written comments to
the interim action and no comments were received. This document
concludes the proceeding.
List of Subjects in 7 CFR Part 1002
Milk marketing orders.
For the reasons set forth in the preamble, 7 CFR Part 1002 is
amended as follows:
PART 1002--MILK IN THE NEW YORK-NEW JERSEY MARKETING AREA
Accordingly, the interim final rule amending 7 CFR part 1002 which
was published at 60 FR 62018 on December 4, 1995, is adopted as a final
rule without change.
Dated: March 13, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-6695 Filed 3-19-96; 8:45 am]
BILLING CODE 3410-02-P
