[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6652]
[[Page Unknown]]
[Federal Register: March 23, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1011
[DA-94-07]
Milk in the Tennessee Valley Marketing Area; Temporary Revision
of Rule
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Temporary revision of rule.
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SUMMARY: This document revises certain provisions of the Tennessee
Valley Federal milk order (Order 11) for the months of March through
July 1994. The action was requested by Armour Food Ingredients Company
(Armour), which operates a proprietary supply plant pooled under Order
11. This revision 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.
EFFECTIVE DATE: March 1, 1994, through July 31, 1994.
FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist,
USDA/AMS/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 Temporary Revision: Issued February 8, 1994;
published February 16, 1994 (59 FR 7665).
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 temporary revision is issued pursuant to the provisions of the
Agricultural Marketing Agreement Act and the provisions of
Sec. 1011.7(b) of the Tennessee Valley order.
Notice of proposed rulemaking was published in the Federal Register
(59 FR 7665) concerning a proposed relaxation of the supply plant
shipping requirement.
The revision was proposed to be effective for the months of March
1, 1994, through July 31, 1994. The public was afforded the opportunity
to comment on the proposed notice by submitting written data, views and
arguments by February 23, 1994. No comments were received.
Statement of Consideration
This rule revises 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 its
inability to meet the 40 percent requirement could jeopardize the
continued association of its producers with the market.
The reduction in the supply plant shipping requirement by 10
percentage points will enable a supply plant operator to qualify its
plant as a pool plant without making inefficient and uneconomical
shipments of milk. The revision will also allow producers who supplied
the market in the fall to continue their association with the market
during the flush production months.
After consideration of all relevant material, including the
proposal set forth in the aforesaid notice, and other available
information, it is hereby found and determined that the supply plant
shipping percentage set forth in Sec. 1011.7(b) should be reduced from
40 to 30 percent for the months of March through July 1994.
It is hereby found and determined that 30 days' notice of the
effective date hereof is impractical, unnecessary, and contrary to the
public interest in that: (a) This temporary revision is necessary to
reflect current marketing conditions and to maintain orderly marketing
conditions in the marketing area for the months of March through July
1994;
(b) This temporary revision does not require of persons affected
substantial or extensive preparation prior to the effective date; and
(c) Notice of the proposed temporary revision was given to
interested parties and they were afforded opportunity to file written
data, views, or arguments concerning this temporary revision. No
comments were received.
Therefore, good cause exists for making this temporary revision
effective less than 30 days from the date of publication in the Federal
Register.
List of Subjects in 7 CFR part 1011
Milk marketing orders.
For the reasons set forth in the preamble, the following provision
in title 7, part 1011, is amended as follows:
PART 1011--MILK IN THE TENNESSEE VALLEY MARKETING AREA
1. 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.
Sec. 1011.7 [Amended]
2. Effective March 1, 1994, through July 31, 1994, in Sec. 1011.7,
paragraph (b), the phrase ``40 percent'' is revised to read ``30
percent''.
Dated: March 16, 1994.
Richard M. McKee,
Acting Director, Dairy Division.
[FR Doc. 94-6652 Filed 3-22-94; 8:45 am]
BILLING CODE 3410-02-P
