[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Proposed Rules]
[Pages 37373-37374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17861]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 139 / Thursday July 20, 1995 /
Proposed Rules
[[Page 37373]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1138
[DA-95-20]
Milk in the New Mexico-West Texas Marketing Area; Notice of
Proposed Suspension of Certain Provisions of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed suspension of rule.
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SUMMARY: This document invites written comments on a proposal that
would continue the suspension of certain segments of the pool plant and
producer milk definitions of the New Mexico-West Texas order for a two-
year period. Associated Milk Producers, Inc. (AMPI), a cooperative
association that represents a majority of the producers who supply milk
to the market, has requested continuation of the suspension. The
cooperative asserts that continuation of the suspension is necessary to
insure that dairy farmers who have historically supplied the New
Mexico-West Texas order will continue to have their milk priced under
the order without incurring costly and inefficient movements of milk.
DATES: Comments are due no later than August 21, 1995.
ADDRESSES: Comments (two copies) should be filed with the USDA/AMS/
Dairy Division, Order Formulation Branch, Room 2971, South Building,
P.O. Box 96456, Washington, DC 20090-6456.
FOR FURTHER INFORMATION CONTACT: Clifford M. Carman, Marketing
Specialist, USDA/AMS/Dairy Division, Order Formulation Branch, Room
2971, South Building, P.O. Box 96456, Washington, DC 20090-6456, (202)
720-9368.
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 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 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 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, the suspension of the following
provisions of the order regulating the handling of milk in the New
Mexico-West Texas marketing area is being considered for the months of
October 1, 1995, through September 30, 1997:
1. In Sec. 1138.7, paragraph (a)(1), the words ``including producer
milk diverted from the plant,'';
2. In Sec. 1138.7, paragraph (c), the words ``35 percent or more of
the producer''; and
3. In Sec. 1138.13(d), paragraphs (1), (2), and (5).
All persons who want to submit written data, views or arguments
about the proposed suspension should send two copies of their views to
the 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 suspension would continue the current suspension of
segments of the pool plant and producer milk definitions under the New
Mexico-West Texas order. The provisions that are suspended limit the
pooling of diverted milk. The proposed suspension would be in effect
from October 1995 through September 1997. The current suspension will
expire September 30, 1995.
The proposed suspension would continue the suspension of the
following:
1. The requirement that milk diverted to a nonpool plant be
considered a receipt at the distributing plant from which it was
diverted;
2. The requirement that a cooperative must deliver at least 35
percent of its milk to pool distributing plants in order to pool a
plant that the cooperative operates which is located in the marketing
area and is neither a distributing plant nor a supply plant;
3. The requirement that a producer must deliver one day's
production to a pool plant during the months of September through
January to be eligible to be diverted to a nonpool plant;
4. The provision that limits a cooperative's diversions to nonpool
plants to an amount equal to the milk it caused to be delivered to, and
physically received at, pool plants during the month; and
5. The provision that excludes from the pool milk diverted from a
pool plant to the extent that it would cause the plant to lose its
status as a pool plant.
The continuation of the current suspension was requested by
Associated Milk Producers, Inc., a cooperative association that
represents a substantial
[[Page 37374]]
number of dairy farmers who supply the New Mexico-West Texas market.
The cooperative stated that marketing conditions have not changed since
the provisions were suspended in 1993, and therefore should be
continued until restructuring of the order can be achieved through the
formal rulemaking process.
The cooperative states that the continuation of the current
suspension is necessary to insure that dairy farmers who have
historically supplied the New Mexico-West Texas market will continue to
have their milk priced under this order. In addition, they maintain
that the suspension would continue to provide handlers the flexibility
needed to move milk supplies in the most efficient manner and to
eliminate costly and inefficient movements of milk that would be made
solely for the purpose of pooling the milk of dairy farmers who have
historically supplied the market.
Accordingly, it may be appropriate to suspend the aforesaid
provisions from October 1, 1995, through September 30, 1997.
List of Subjects in 7 CFR Part 1138
Milk marketing orders.
The authority citation for 7 CFR Part 1138 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Dated: July 14, 1995.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 95-17861 Filed 7-19-95; 8:45 am]
BILLING CODE 3410-02-P
