[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-17244] [[Page Unknown]] [Federal Register: July 15, 1994] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE 7 CFR Part 1106 [DA-94-17] Milk in the Southwest Plains Marketing Area; Proposed Temporary Revision of Certain Provisions of the Order AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed temporary revision of rule. ----------------------------------------------------------------------- SUMMARY: This document invites written comments on a proposal to reduce the shipping requirement for a cooperative association that operates a balancing plant under the Southwest Plains Federal milk order (Order 106) for a 12-month period, beginning October 1, 1994. The proposed action was requested by Associated Milk Producers, Inc. (AMPI), which contends the action is necessary to prevent the uneconomic and inefficient movement of producer milk regularly associated with the market. DATES: Comments are due no later than August 15, 1994. ADDRESSES: Comments (two copies) should be sent to USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, 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 2971, 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 rule would not have a significant economic impact on a substantial number of small entities. This rule would lessen the regulatory impact of the order on certain milk handlers and 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 wih 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 and the provisions of Sec. 1106.7 (c) and (d) of the order, the temporary revision of certain provisions of the order regulating the handling of milk in the Southwest Plains marketing area is being considered for the months of October 1, 1994, through September 30, 1995. All persons who desire to submit written data, views or arguments about the proposed revision should send two copies of their views to 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 revision would reduce from 45 to 35 percent the shipping requirement for a cooperative association that operates a balancing plant for the period of October 1994 through September 1995. In order for a cooperative association's plant that is located in the marketing area or in a county adjacent to the marketing area to be a pool plant, the Southwest Plains order requires that the cooperative deliver to pool distributing plants a minimum of 45 percent of the total quantity of milk marketed by the cooperative, either during the month or during the 12-month period ending with the immediately preceding month. The order also authorizes the Director of the Dairy Division to increase or decrease this requirement by up to 10 percentage points if such a revision is necessary to obtain needed shipments or prevent uneconomic shipments of milk. According to AMPI, Mid-America Dairymen (Mid-Am) and AMPI have formed an agency for the purpose of pooling member-producers' milk. These two cooperatives represented about 73 percent of the producers and 77 percent of the milk pooled on Order 106 in May 1994. AMPI states that the agency has shipped approximately 40 percent of its total receipts to pool distributing plants during the past 12 months and anticipates a similar demand for milk during the next 12 months. It concludes, therefore, that the 45 percent cooperative association shipping requirement, which was reduced to 35 percent for the period of October 1, 1992, through September 30, 1994, should remain at that level for the 12-month period commencing on October 1, 1994. AMPI contends that, without the continuation of the reduced shipping requirements, milk normally pooled under the Southwest Plains order would become ineligible for pooling unless the cooperative made uneconomic, inefficient, and unnecessary shipments of milk of fluid handlers. Accordingly, it may be necessary to reduce from 45 to 35 percent the delivery requirement as proposed to provide for the efficient and economic marketing of milk during the months of October 1, 1994, through September 30, 1995. List of Subjects in 7 CFR Part 1106 Milk marketing orders. The authority citation for 7 CFR Part 1106 continues to read as follows: Authority: Secs. 1-19, 48 Stat 31, as amended; 7 U.S.C. 601-674. Dated: July 11, 1994. Silvio Capponi, Jr., Acting Director, Dairy Division [FR Doc. 94-17244 Filed 7-14-94; 8:45 am] BILLING CODE 3410-02-M