[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4919]
[[Page Unknown]]
[Federal Register: March 4, 1994]
VOL. 59, NO. 43
Friday, March 4, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1004
[Docket No. AO-160-A71; DA-93-30]
Milk in the Middle Atlantic Marketing Area; Hearing on Proposed
Amendments to Tentative Marketing Agreement and Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of public hearing on proposed rulemaking.
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SUMMARY: This hearing is being held to consider proposals to amend the
Middle Atlantic milk marketing order. The proposals would amend
provisions dealing with pooling qualifications for distributing plants
and cooperative reserve processing plants, producer milk diverted to
nonpool plants, and the qualification of pool plants under more than
one Federal order. Two of the proposals would authorize the market
administrator to adjust pool plant qualification standards and producer
milk diversion limits to reflect changes in marketing conditions.
DATES: The hearing will convene at 9 a.m. local time on May 3, 1994.
ADDRESSES: The hearing will be held at the Holiday Inn-Independence
Mall, 400 Arch Street, Philadelphia, Pennsylvania 19106, telephone
(215) 923-8660.
FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Marketing Specialist,
USDA/AMS/Dairy Division, Order Formulation Branch, room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 720-7183.
SUPPLEMENTARY INFORMATION: This administrative action is governed by
the provisions of Sections 556 and 557 of Title 5 of the United States
Code and, therefore, is excluded from the requirements of Executive
Order 12866.
Notice is hereby given of a public hearing to be held at the
Holiday Inn-Independence Mall, 400 Arch Street, Philadelphia,
Pennsylvania 19106, telephone (215) 923-8660, beginning at 9 a.m. on
May 3, 1994, with respect to proposed amendments to the tentative
marketing agreement and to the order regulating the handling of milk in
the aforesaid marketing area.
The hearing is called pursuant to the provisions of the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), and the applicable rules of practice and procedure governing the
formulation of marketing agreements and marketing orders (7 CFR part
900).
The purpose of the hearing is to receive evidence with respect to
the economic and marketing conditions which relate to the proposed
amendments, hereinafter set forth, and any appropriate modifications
thereof, to the tentative marketing agreement and to the order.
Actions under the Federal milk order program are subject to the
Regulatory Flexibility Act (Pub. L. 96-354). This Act seeks to ensure
that, within the statutory authority of a program, the regulatory and
information requirements are tailored to the size and nature of small
businesses. For the purpose of the Act, a dairy farm is a ``small
business'' if it has an annual gross revenue of less than $500,000, and
a dairy products manufacturer is a ``small business'' if it has fewer
than 500 employees. Most parties subject to a milk order are considered
as a small business. Accordingly, interested parties are invited to
present evidence on the probable regulatory and informational impact of
the hearing proposals on small businesses. Also, parties may suggest
modifications of these proposals for the purpose of tailoring their
applicability to small business.
The amendments to the rules proposed herein have been reviewed
under Executive Order 12778, Civil Justice Reform. They are not
intended to have a retroactive effect. If adopted, the proposed
amendments would not preempt any state or local laws, regulations, or
policies, unless they present an irreconcilable conflict with these
rules.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 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 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 date of the entry of the ruling.
Interested parties who wish to introduce exhibits should provide
the Presiding Officer at the hearing with 6 copies of such exhibits for
the Official Record. Also, it would be helpful if additional copies are
available for the use of other participants at the hearing.
List of Subjects in 7 CFR Part 1004
Milk marketing orders.
The authority citation for 7 CFR part 1004 continues to read as
follows:
Authority: Secs. 1-19, 48 Stat. 31 as amended; 7 U.S.C. 601-674.
The proposed amendments, as set forth below, have not received the
approval of the Secretary of Agriculture.
Proposed by Pennmarva Dairymen's Federation, Inc.
Proposal No. 1
Amend Sec. 1004.7(a)(1) to exclude milk diverted as producer milk
by either the plant operator or by a cooperative association from
receipts used to calculate pool distributing plant qualification.
Proposal No. 2
Delete Sec. 1004.7(a)(4), so that a plant changing from regulation
under Order 4 to regulation under another Federal order will not be
exempt from the provisions of Sec. 1004.7(a)(3).
Proposal No. 3
Delete Sec. 1004.7(f)(2) to leave the determination of which order
should regulate a plant with route disposition in more than one Federal
milk order to the provisions of Sec. 1004.7(f)(1).
Proposal No. 4
Change from 30 percent to 25 percent the percentage of a
cooperative association's member milk that must be transferred from a
cooperative-operated reserve processing plant to, or physically
received from member producers at, pool distributing plants if the
reserve processing plant is to qualify as a pool plant.
Proposal No. 5
Add a new paragraph Sec. 1004.7(g) to allow the market
administrator to increase or decrease the required percentage
disposition or shipping requirements for pool qualification of
distributing, supply or reserve processing plants at the market
administrator's own initiative or at the request of interested parties.
Proposal No. 6
Amend Sec. 1004.12(d) to more clearly define the pooling
requirements for producer deliveries to pool plants and the status of
producers whose marketing is interrupted by compliance with health
regulations.
Proposal No. 7
Amend Sec. 1004.12(d)(2)(i) to increase the permissible percentage
of nonpool deliveries of member milk by a cooperative or federation of
cooperative associations from a maximum of 50 percent of total volume
of member milk to a maximum percentage of 55 percent.
Proposal No. 8
Add a new paragraph Sec. 1004.12(g) to authorize the market
administrator to increase or reduce the applicable shipping percentages
of Sec. 1004.12(d)(2) (i) and (ii).
Proposed by Johanna Dairies Incorporated
Proposal No. 9
Amend Sec. 1004.12(d)(2)(ii) to increase the permissible percentage
of nonpool deliveries for nonmember milk from a maximum of 40 percent
of the total nonmember milk to a maximum percentage of 45 percent.
Proposed by Dairy Division, Agricultural Marketing Service
Proposal No. 10
Make such changes as may be necessary to make the entire marketing
agreement and order conform with any amendments thereto that may result
from this hearing.
Copies of this notice of hearing and the order may be procured from
the Market Administrator of the Middle Atlantic marketing area, or from
the Hearing Clerk, room 1083, South Building, United States Department
of Agriculture, Washington, DC 20250, or may be inspected there.
Copies of the transcript of testimony taken at the hearing will not
be available for distribution through the Hearing Clerk's Office. If
you wish to purchase a copy, arrangements may be made with the reporter
at the hearing.
From the time that a hearing notice is issued and until the
issuance of a final decision in a proceeding, Department employees
involved in the decisional process are prohibited from discussing the
merits of the hearing issues on an ex parte basis with any person
having an interest in the proceeding. For this particular proceeding,
the prohibition applies to employees in the following organizational
units:
Office of the Secretary of Agriculture,
Office of the Administrator, Agricultural Marketing Service,
Office of the General Counsel,
Dairy Division, Agricultural Marketing Service (Washington office
only),
Office of the Market Administrator, Middle Atlantic Marketing Area.
Procedural matters are not subject to the above prohibition and may
be discussed at any time.
Dated: February 25, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-4919 Filed 3-3-94; 8:45 am]
BILLING CODE 3410-02-M
