[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28819]


[[Page Unknown]]

[Federal Register: November 22, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 1097

[DA-93-05]

 

Milk in the Memphis, TN, Marketing Area; Termination of Remaining 
Provisions of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule terminates the remaining administrative provisions 
of the Memphis, Tennessee, Federal milk marketing order (Order 97), 
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: November 22, 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).
    Proposed Termination of Order: Issued April 20, 1993; published 
April 27, 1993 (58 FR 25576).
    Termination Order: Issued June 25, 1993; published July 1, 1993 (58 
FR 35359).
    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 terminates the remaining administrative provisions of the 
Memphis order.
    The Department is issuing this 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 order of termination is issued pursuant to the provisions of 
the Agricultural Marketing Agreement Act and of the order regulating 
the handling of milk in the Memphis, Tennessee, marketing area.
    Notice of proposed rulemaking was published in the Federal Register 
on April 27, 1993 (58 FR 25576), concerning a proposed termination of 
the remaining provisions of the order. Interested persons were afforded 
opportunity to file written data, views and arguments thereon. Several 
comments were received.
    After consideration of all relevant material, including the 
proposal in the notice, the comments received, and other available 
information, it is hereby found and determined that Sec. 1097.1 of the 
order does not tend to effectuate the declared policy of the Act.

Statement of Consideration

    This rule terminates the remaining administrative provisions of the 
Memphis, Tennessee, Federal milk order. 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 Memphis 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 comments 
received in response to the proposed termination of Order 97, 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 Memphis, Tennessee, order, but left 
intact certain administrative provisions that were embodied, by 
reference, in Sec. 1097.1 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.
    Therefore, the aforesaid provisions of Sec. 1097.1 of the order are 
hereby terminated.
    It is hereby found and determined that thirty days' notice of the 
effective date hereof is impractical, unnecessary and contrary to the 
public interest in that:
    (a) The termination is necessary to reflect current marketing 
conditions and to assure orderly marketing conditions in the marketing 
area;
    (b) This termination does not require of persons affected 
substantial or extensive preparation prior to the effective date; and
    (c) Notice of proposed rulemaking was given interested parties and 
they were afforded opportunity to file written data, views or arguments 
concerning this termination.
    Therefore, good cause exists for making this order effective upon 
publication in the Federal Register.

List of Subjects in 7 CFR Part 1097

    Milk marketing orders.

    For the reasons set forth in the preamble, the following provisions 
in Title 7, Part 1097, are amended as follows:

PART 1097--MILK IN THE MEMPHIS, TENNESSEE, MARKETING AREA

    1. The authority citation for 7 CFR Part 1097 continues to read as 
follows:

    Authority: Secs. 1-19, 48 Stat 31, as amended; 7 U.S.C. 601-674.


Sec. 1097.1  [Amended]

    2. Section 1097.1 is removed.

    Dated: November 16, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 94-28819 Filed 11-21-94; 8:45 am]
BILLING CODE 3410-02-P