[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Rules and Regulations]
[Pages 18323-18324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9273]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 /
Rules and Regulations
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NORTHEAST DAIRY COMPACT COMMISSION
7 CFR Part 1361
Rulemaking Procedures
AGENCY: Northeast Dairy Compact Commission.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends the ex parte communication provision
of the Commission's rulemaking procedures. The amended rule allows
Commission members to discuss the merits of a pending rulemaking
proceeding with each other after the close of the comment period. The
existing prohibition against ex parte communications between Commission
members or Commission staff and interested parties or their
representatives, at any time during the rulemaking proceeding, remains
in full force with some clarifying amendments to the language of the
rule.
DATES: Interim rule effective April 14, 1999. Sworn and notarized
written testimony, comments and exhibits may be submitted until 5:00
p.m. on May 14, 1999.
ADDRESSES: Mail, or deliver, sworn and notarized testimony, comments
and exhibits to: Northeast Dairy Compact Commission, 34 Barre Street,
Suite 2, Montpelier, Vermont 05602.
FOR FURTHER INFORMATION CONTACT: Kenneth M. Becker, Executive Director,
Northeast Dairy Compact Commission at the above address or by telephone
at (802) 229-1941, or by facsimile at (802) 229-2028.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Dairy Compact Commission (``Commission'') was
established under authority of the Northeast Interstate Dairy Compact
(``Compact''). The Compact was enacted into law by each of the six
participating New England states as follows: Connecticut--Pub. L. 93-
320; Maine--Pub. L. 89-437, as amended, Pub. L. 93-274; Massachusetts--
Pub. L. 93-370; New Hampshire--Pub. L. 93-336; Rhode Island--Pub. L.
93-106; Vermont--Pub. L. 93-57. In accordance with Article I, Section
10 of the United States Constitution, Congress consented to the Compact
in Pub. L. 104-127 (FAIR Act), Section 147, codified at 7 U.S.C. 7256.
Subsequently, the United States Secretary of Agriculture, pursuant to 7
U.S.C. 7256(1), authorized implementation of the Compact.
Pursuant to its rulemaking authority under Article V, Section 11 of
the Compact, the Commission concluded an informal rulemaking process
and voted to adopt a compact over-order price regulation on May 30,
1997.1 The Commission subsequently amended and extended the
compact over-order price regulation.2 In 1998, the
Commission further amended specific provisions of the over-order price
regulation.3 The current compact over-order price regulation
is codified at 7 CFR Chapter XIII.
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\1\ 62 FR 29626 (May 30, 1997)
\2\ 62 FR 62810 (Nov. 25, 1997)
\3\ 63 FR 10104 (Feb. 27, 1998); 63 FR 46385 (Sept. 1, 1998);
and 63 FR 65517 (Nov. 27, 1998).
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On July 14, 1998, the Commission published an interim procedural
rule to establish regulations governing the administrative rulemaking
procedures for the Commission, as authorized by Section 11 of the
Compact. That rule was based on rulemaking procedures originally
adopted by the Commission on November 21, 1996 and incorporated in the
Commission's Bylaws.4
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\4\ 63 FR 37755 (July 14, 1998).
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The Commission determines that two amendments to the current
provision prohibiting ex parte communications are warranted. First, the
Commission amends subsections (a) and (b) of Sec. 1361.11 to substitute
clarifying language. The Commission deletes reference to a ``hearing''
and substitutes the phrase ``rulemaking proceeding,'' in both
subsections (a) and (b). In only subsection (a), the Commission also
deletes the phrase `` discuss ex parte'' and substitutes the phrase
``communicate, either directly or indirectly, in connection with'' the
merits of the rulemaking proceeding. The prohibition against any ex
parte communication between Commission members or Commission staff and
interested persons or their representatives, during the course of the
rulemaking proceeding, remains in full force.
Secondly, the Commission amends Sec. 1361.11(b) to adjust the time
period during which the Commission members are prohibited from
discussing the merits of the pending rulemaking proceeding with each
other. The current provision only allows Commission members to discuss
the merits of the rulemaking during the deliberative meeting conducted
pursuant to 7 CFR Sec. 1361.8. The amended rule permits Commission
members to discuss the issues following the close of the comment
period, after the public record is complete. The prohibition against
discussing the merits of the proceeding between the date of publication
of the official notice of the rulemaking proceeding and the close of
the post-hearing comment period remains in force. This amendment will
permit the Commission's Committee on Regulations and Rulemaking, as
well as state delegations and individual Commissioners, to prepare for
the Commission's deliberative meeting held pursuant to Sec. 1361.8.
Accordingly, the Commission amends the current procedural rule to
be effective upon publication. The amended rule will apply only to
those rulemaking proceedings initiated by publication of official
notice after the effective date of the rule.
Public Participation in Rulemaking Proceedings
The Commission seeks and encourages comments on these amendments to
the Commission's rulemaking procedures. The Commission continues to
benefit from the valuable insight and active participation of all
segments of the affected community, including consumers, processors and
producers in the development and administration of the over-order price
regulation and welcomes comments from milk handlers and other
interested persons.
Request for Written Comments
Any person may participate in the rulemaking proceeding by
submitting written comments or exhibits to the Commission. Comments and
exhibits
[[Page 18324]]
may be submitted at any time before 5:00 p.m. on May 14, 1999.
Please note: Comments and exhibits will be made part of the
record of the rulemaking proceeding only if they identify the
author's name, address and occupation, and if they include a sworn
and notarized statement indicating that the comment and/or exhibit
is presented based upon the author's personal knowledge and belief.
Facsimile copies will be accepted up until the 5:00 p.m. deadline,
but the original must then be sent by ordinary mail.
List of Subjects in 7 CFR Part 1361
Administrative practice and procedure, Rulemaking, Milk.
Codification in Code of Federal Regulations
For reasons set forth in the preamble, the Northeast Dairy Compact
Commission amends 7 CFR Part 1361 as follows:
PART 1361-- RULEMAKIMG PROCEDURES
1. The authority citation for part 1361 continues to read as
follows:
Authority: 7 U.S.C. 7256.
2. Section 1361.11 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 1361.11 Ex parte communications.
(a) Following notice of a rulemaking proceeding, pursuant to
Sec. 1361.3, and prior to the conclusion of a producer referendum, or
the final decision of the Commission, whichever is later, no Compact
Commission member or Commission staff person shall communicate, either
directly or indirectly, in connection with the merits of the rulemaking
proceeding with any person having an interest in the proceeding or with
any representative of such person.
(b) Following notice of a rulemaking proceeding, pursuant to
Sec. 1361.3, and prior to the close of the comment period, pursuant to
Sec. 1361.7, Compact Commission members shall not discuss among
themselves the merits of the rulemaking proceeding.
* * * * *
Dated: April 8, 1999.
Kenneth M. Becker,
Executive Director.
[FR Doc. 99-9273 Filed 4-13-99; 8:45 am]
BILLING CODE 1650-01-P
