[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4130]


[[Page Unknown]]

[Federal Register: February 24, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 1040

[Docket No. AO-225-A45-RO1; DA-92-10]

 

Milk in the Southern Michigan Marketing Area; Reopened 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: A hearing held in February 1993 to consider proposals to adopt 
multiple component pricing for milk pooled under the Southern Michigan 
marketing order is being reopened to consider modifications to the 
pricing plan recommended for that order. Additional proposals would 
authorize the market administrator to adjust pool supply plant shipping 
requirements to reflect changes in marketing conditions. The reopened 
hearing will also consider a proposal to ``lock in'' to regulation 
under the Southern Michigan order a UHT packaging plant that otherwise 
may be regulated under a different Federal order each month. A request 
to consider the ``lock in'' proposal on an emergency basis also will be 
considered.
    The reopening was requested by cooperative associations 
representing most of the producers whose milk is pooled under the 
Southern Michigan order.

DATES: The hearing will convene at 9 a.m. local time on March 1, 1994.

ADDRESSES: The hearing will be held at the Radisson Hotel, 11 Monroe 
Avenue NW., Grand Rapids, Michigan 49503, telephone (616) 242-6000.

FOR FURTHER INFORMATION CONTACT: Constance M. Brenner, 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 reopened public hearing to be held at 
the request of most of the producers whose milk is pooled under the 
Southern Michigan milk order. The reopened hearing will begin at 9 a.m. 
on March 1, 1994, at the Radisson Hotel, 11 Monroe Avenue NW., Grand 
Rapids, Michigan 49503, telephone (616) 242-6000, with respect to 
proposed amendments to the tentative marketing agreement and to the 
order regulating the handling of milk in the Southern Michigan 
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.
    Evidence also will be taken to determine whether emergency 
marketing conditions exist that would warrant omission of a recommended 
decision under the rules of practice and procedure (7 CFR 900.12(d)) 
with respect to Proposal No. 3.
    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 
informational 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 Agricultural Marketing Agreement Act 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 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 4 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.
    Prior documents in this proceeding:
    Notice of Hearing: Issued December 3, 1992; published December 10, 
1992 (57 FR 58418).
    Supplemental Notice of Hearing: Issued January 19, 1993; published 
January 29, 1993 (58 FR 6447).
    Recommended Decision: Issued November 29, 1993; published December 
6, 1993 (58 FR 64176).

List of Subjects in 7 CFR Part 1040

    Milk marketing orders.

    The authority citation for 7 CFR part 1040 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 Michigan Milk Producers Association and Independent 
Cooperative Milk Producers Association: Proposal No. 1

    Compute the same protein price for both handlers and producers on 
the basis of a cheese market price and a cheese yield formula, and 
include any residual value in the skim milk delivered by producers in 
the computation of the weighted average differential value.

Proposed by Michigan Milk Producers Association: Proposal No. 2

    Amend the pool supply plant shipping requirement provisions to 
allow the market administrator to adjust the shipping percentages as 
market conditions require.

Proposed by White Knight Packaging Corporation: Proposal No. 3

    Include in the pool distributing plant definition a description of 
a plant located within the marketing area which processes at least 50 
percent of its fluid milk receipts as ultra-high temperature fluid milk 
products for distribution in aseptic packages. A plant qualifying as a 
distributing plant under the new provision would be a pool plant under 
the Southern Michigan order regardless of its route disposition in the 
marketing area of any other Federal milk order.

Proposal No. 4

    Determine whether emergency marketing conditions exist that would 
warrant omission of a recommended decision with respect to Proposal No. 
3.

Proposal No. 5

    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 Southern Michigan 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 decisionmaking 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, Southern Michigan Marketing 
Area.

    Procedural matters are not subject to the above prohibition and may 
be discussed at any time.

    Dated: February 18, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-4130 Filed 2-23-94; 8:45 am]
BILLING CODE 3410-02-P