[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3503]


[[Page Unknown]]

[Federal Register: February 16, 1994]


                                                    VOL. 59, NO. 32

                                       Wednesday, February 16, 1994
=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1011

[DA-94-07]

 

Milk in the Tennessee Valley Marketing Area; Proposed Temporary 
Reduction of Supply Plant Shipping Percentage

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed temporary revision of rule.

-----------------------------------------------------------------------

SUMMARY: This document invites comments on a proposal to temporarily 
reduce the supply plant shipping requirement of the Tennessee Valley 
Federal milk order (Order 11) for the months of March through July 
1994. The proposed action was requested by Armour Foods Ingredients 
Company (Armour), which operates a proprietary supply plant pooled 
under Order 11. Armour contends the action 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.

DATES: Comments are due no later than February 23, 1994.

ADDRESSES: Comments (two copies) should be filed with the USDA/AMS/
Dairy Division, Order Formulation Branch, room 2968, 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 2968, 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 
action would not have a significant economic impact on a substantial 
number of small entities. Such action 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 action in conformance with 
Executive Order 12866.
    This proposed action has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have a retroactive 
effect. If adopted, this proposed action 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 
8c(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 the 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 of 1937 and the provisions of 
Sec. 1011.7(b) of the order, temporary revision of certain provisions 
of the order regulating the handling of milk in the Tennessee Valley 
marketing area is being considered for the months of March 1, 1994, 
through July 31, 1994.
    All persons who wish to send written data, views or arguments about 
the proposed revision should send two copies of them to the USDA/AMS/
Dairy Division, Order Formulation Branch, room 2968, South Building, 
P.O. Box 96456, Washington, DC 20090-6456, by the 7th day after 
publication of this document in the Federal Register. The period for 
filing comments is limited to 7 days because a longer period would not 
provide the time needed to complete the required procedures before the 
requested revision is to be effective.
    All written submissions made pursuant to this document 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 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 the 
40 percent requirement could jeopardize the continued association of 
producers who have supplied the Order 11 market in the fall.
    Armour anticipates that marketing conditions in 1994 will mirror 
those in 1993, when the shipping percentage was also reduced. It 
expects milk supplies to be adequate to meet the Class I needs of the 
market.

List of Subjects in 7 CFR Part 1011

    Milk marketing orders.

    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.

    Dated: February 8, 1993.
Richard M. McKee,
Acting Director, Dairy Division.
[FR Doc. 94-3503 Filed 2-15-94; 8:45 am]
BILLING CODE 3410-02-P