[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6652]


[[Page Unknown]]

[Federal Register: March 23, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 1011

[DA-94-07]

 

Milk in the Tennessee Valley Marketing Area; Temporary Revision 
of Rule

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Temporary revision of rule.

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SUMMARY: This document revises certain provisions of the Tennessee 
Valley Federal milk order (Order 11) for the months of March through 
July 1994. The action was requested by Armour Food Ingredients Company 
(Armour), which operates a proprietary supply plant pooled under Order 
11. This revision 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.

EFFECTIVE DATE: March 1, 1994, through July 31, 1994.

FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist, 
USDA/AMS/Division, Order Formulation Branch, room 2971, South Building, 
P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1932.

SUPPLEMENTARY INFORMATION: Prior document in this proceeding:
    Notice of Proposed Temporary Revision: Issued February 8, 1994; 
published February 16, 1994 (59 FR 7665).
    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 rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule lessens the regulatory impact of the order on certain milk 
handlers and tends to ensure that dairy farmers will continue to have 
their milk priced under the order and thereby receive the benefits that 
accrue from such pricing.
    The Department is issuing this final rule in conformance with 
Executive Order 12866.
    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is not intended to have a retroactive 
effect. This rule will not preempt any state or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this 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 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 the date of the entry of the ruling.
    This temporary revision is issued pursuant to the provisions of the 
Agricultural Marketing Agreement Act and the provisions of 
Sec. 1011.7(b) of the Tennessee Valley order.
    Notice of proposed rulemaking was published in the Federal Register 
(59 FR 7665) concerning a proposed relaxation of the supply plant 
shipping requirement.
    The revision was proposed to be effective for the months of March 
1, 1994, through July 31, 1994. The public was afforded the opportunity 
to comment on the proposed notice by submitting written data, views and 
arguments by February 23, 1994. No comments were received.

Statement of Consideration

    This rule revises 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 its 
inability to meet the 40 percent requirement could jeopardize the 
continued association of its producers with the market.
    The reduction in the supply plant shipping requirement by 10 
percentage points will enable a supply plant operator to qualify its 
plant as a pool plant without making inefficient and uneconomical 
shipments of milk. The revision will also allow producers who supplied 
the market in the fall to continue their association with the market 
during the flush production months.
    After consideration of all relevant material, including the 
proposal set forth in the aforesaid notice, and other available 
information, it is hereby found and determined that the supply plant 
shipping percentage set forth in Sec. 1011.7(b) should be reduced from 
40 to 30 percent for the months of March through July 1994.
    It is hereby found and determined that 30 days' notice of the 
effective date hereof is impractical, unnecessary, and contrary to the 
public interest in that: (a) This temporary revision is necessary to 
reflect current marketing conditions and to maintain orderly marketing 
conditions in the marketing area for the months of March through July 
1994;
    (b) This temporary revision does not require of persons affected 
substantial or extensive preparation prior to the effective date; and
    (c) Notice of the proposed temporary revision was given to 
interested parties and they were afforded opportunity to file written 
data, views, or arguments concerning this temporary revision. No 
comments were received.
    Therefore, good cause exists for making this temporary revision 
effective less than 30 days from the date of publication in the Federal 
Register.

List of Subjects in 7 CFR part 1011

    Milk marketing orders.

    For the reasons set forth in the preamble, the following provision 
in title 7, part 1011, is amended as follows:

PART 1011--MILK IN THE TENNESSEE VALLEY MARKETING AREA

    1. 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.


Sec. 1011.7  [Amended]

    2. Effective March 1, 1994, through July 31, 1994, in Sec. 1011.7, 
paragraph (b), the phrase ``40 percent'' is revised to read ``30 
percent''.

    Dated: March 16, 1994.
Richard M. McKee,
Acting Director, Dairy Division.
[FR Doc. 94-6652 Filed 3-22-94; 8:45 am]
BILLING CODE 3410-02-P