[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: 94-6735]


[[Page Unknown]]

[Federal Register: March 23, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 1098

[DA-93-10]

 

Milk in the Nashville, Tennessee, Marketing Area; Order 
Terminating the Remaining Provisions of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Termination of rules.

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SUMMARY: This document terminates the remaining administrative 
provisions of the Nashville, Tennessee, Federal milk marketing order 
(Order 98), effective upon publication in the Federal Register. All of 
the monthly operating provisions were terminated as of midnight July 
31, 1993, following a producer referendum in which the order, as 
amended, was not approved by at least two-thirds of the dairy farmers 
who voted.

EFFECTIVE DATE: March 23, 1994.

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: Prior documents in this proceeding:
    Advance Notice of Proposed Rulemaking: Issued March 29, 1990; 
published April 3, 1990 (55 FR 12369).
    Notice of Hearing: Issued July 11, 1990; published July 17, 1990 
(55 FR 29034).
    Extension of Time for Filing Briefs and Reply Briefs: Issued March 
28, 1991; published April 3, 1991 (56 FR 13603).
    Recommended Decision: Issued November 6, 1991; published November 
22, 1991 (56 FR 58972).
    Extension of Time for Filing Exceptions: Issued December 24, 1991; 
published January 6, 1992 (57 FR 383).
    Final Decision: Issued February 5, 1993; published March 5, 1993 
(58 FR 12634).
    Extension of Time for Conducting Referendum on Proposed Amended 
Order: Issued March 11, 1993; published March 17, 1993 (58 FR 14344).
    Proposed Termination of the Order: Issued April 20, 1993; published 
April 27, 1993 (58 FR 25577).
    Termination of the Order: Issued June 25, 1993; published July 1, 
1993 (58 FR 35361).
    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires the 
Agency to examine the impact of a final rule on small entities. 
Pursuant to 5 U.S.C. 605(b), the Administrator of the Agricultural 
Marketing Service has certified that this action will not have a 
significant economic impact on a substantial number of small entities. 
It simply terminates the remaining administrative provisions of the 
Nashville order.
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    This final rule also has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have a retroactive 
effect. This action does 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 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.

Determinations

    Pursuant to the provisions of the Agricultural Marketing Agreement 
Act of 1937, as amended (7 U.S.C. 601, et seq.), and of the current 
order regulating the handling of milk in the Nashville, Tennessee, 
marketing area (7 CFR Part 1098), it is hereby found and determined 
that:
    (a) Section 1098.1, the remaining provision of the order, no longer 
tends to effectuate the declared policy of the Act.
    A public hearing that considered proposed amendments to all Federal 
milk orders was held in September, October, and November 1990, pursuant 
to notice thereof issued July 11, 1990 (55 FR 29034). Following the 
issuance of a recommended decision and the opportunity for filing 
exceptions, the Acting Assistant Secretary for Marketing and Inspection 
Services on February 5, 1993, issued a final decision on the issues 
considered at the hearing. In a referendum held following the issuance 
of the final decision, the proposed amended Nashville order was not 
approved by at least two-thirds of the order's producers who voted. The 
Act requires that an order, as amended, be approved by at least two-
thirds of the producers who voted in the referendum or by producers 
who, during the representative period, produced at least two-thirds of 
the volume of milk marketed.
    On the basis of the record of the public hearing, the comment 
received in response to the proposed termination of Order 98, and the 
results of the producer referendum, the Department issued a termination 
order, effective midnight July 31, 1993. The order terminated the 
monthly operating provisions of the Nashville, Tennessee, order, but 
left intact certain administrative provisions that were embodied, by 
reference, in Sec. 1098.1 of the order.
    The market administrator, in his capacity as the order's 
liquidating agent, has completed the disbursement of all of the money 
remaining in the administrative, producer-settlement, and marketing 
service funds established under the order. Hence, the remaining 
provisions of the order should be terminated.
    (b) Notice of proposed rulemaking and public procedure thereon, and 
30 days notice of the effective date are impracticable, unnecessary, 
and contrary to the public interest because all of the business related 
to the operation of the order has been concluded.
    Therefore, good cause exists for making this order effective upon 
publication in the Federal Register.

Order

    It is therefore ordered, That the remaining provisions of Part 1098 
represented by Sec. 1098.1, which incorporates the General Provisions, 
are hereby terminated, and Part 1098 is vacated effective upon 
publication of this order in the Federal Register. Termination of the 
remaining provisions of the said order shall not affect or waive any 
right, obligation, duty, or liability under the said order with respect 
to milk delivered prior to the date of publication in the Federal 
Register or release or extinguish any violations of the said order, or 
affect or impair any right or remedy of the United States, the 
Secretary of Agriculture, or any other person with respect to any such 
violation which has arisen or occurred or which may arise or occur 
prior to the time that termination of such remaining provisions becomes 
effective.

List of Subjects in 7 CFR Part 1098

    Milk marketing orders.

    For the reasons set forth in the preamble, and under the authority 
of 7 U.S.C. 601-674, 7 CFR part 1098 is removed.

    Dated: March 17, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6735 Filed 3-22-94; 8:45 am]
BILLING CODE 3410-02-P