[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17244]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1106
[DA-94-17]
Milk in the Southwest Plains Marketing Area; Proposed Temporary
Revision of Certain Provisions of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed temporary revision of rule.
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SUMMARY: This document invites written comments on a proposal to reduce
the shipping requirement for a cooperative association that operates a
balancing plant under the Southwest Plains Federal milk order (Order
106) for a 12-month period, beginning October 1, 1994. The proposed
action was requested by Associated Milk Producers, Inc. (AMPI), which
contends the action is necessary to prevent the uneconomic and
inefficient movement of producer milk regularly associated with the
market.
DATES: Comments are due no later than August 15, 1994.
ADDRESSES: Comments (two copies) should be sent to USDA/AMS/Dairy
Division, Order Formulation Branch, Room 2971, South Building, P.O. Box
96456, Washington, DC 20090-6456.
FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist,
USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456 (202) 690-1932.
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 wih
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 and the provisions of Sec. 1106.7
(c) and (d) of the order, the temporary revision of certain provisions
of the order regulating the handling of milk in the Southwest Plains
marketing area is being considered for the months of October 1, 1994,
through September 30, 1995.
All persons who desire to submit written data, views or arguments
about the proposed revision should send two copies of their views to
USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456 by the 30th day
after publication of this notice in the Federal Register.
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 revision would reduce from 45 to 35 percent the
shipping requirement for a cooperative association that operates a
balancing plant for the period of October 1994 through September 1995.
In order for a cooperative association's plant that is located in the
marketing area or in a county adjacent to the marketing area to be a
pool plant, the Southwest Plains order requires that the cooperative
deliver to pool distributing plants a minimum of 45 percent of the
total quantity of milk marketed by the cooperative, either during the
month or during the 12-month period ending with the immediately
preceding month. The order also authorizes the Director of the Dairy
Division to increase or decrease this requirement by up to 10
percentage points if such a revision is necessary to obtain needed
shipments or prevent uneconomic shipments of milk.
According to AMPI, Mid-America Dairymen (Mid-Am) and AMPI have
formed an agency for the purpose of pooling member-producers' milk.
These two cooperatives represented about 73 percent of the producers
and 77 percent of the milk pooled on Order 106 in May 1994. AMPI states
that the agency has shipped approximately 40 percent of its total
receipts to pool distributing plants during the past 12 months and
anticipates a similar demand for milk during the next 12 months. It
concludes, therefore, that the 45 percent cooperative association
shipping requirement, which was reduced to 35 percent for the period of
October 1, 1992, through September 30, 1994, should remain at that
level for the 12-month period commencing on October 1, 1994.
AMPI contends that, without the continuation of the reduced
shipping requirements, milk normally pooled under the Southwest Plains
order would become ineligible for pooling unless the cooperative made
uneconomic, inefficient, and unnecessary shipments of milk of fluid
handlers.
Accordingly, it may be necessary to reduce from 45 to 35 percent
the delivery requirement as proposed to provide for the efficient and
economic marketing of milk during the months of October 1, 1994,
through September 30, 1995.
List of Subjects in 7 CFR Part 1106
Milk marketing orders.
The authority citation for 7 CFR Part 1106 continues to read as
follows:
Authority: Secs. 1-19, 48 Stat 31, as amended; 7 U.S.C. 601-674.
Dated: July 11, 1994.
Silvio Capponi, Jr.,
Acting Director, Dairy Division
[FR Doc. 94-17244 Filed 7-14-94; 8:45 am]
BILLING CODE 3410-02-M
