[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29082]


[[Page Unknown]]

[Federal Register: November 23, 1994]


                                                   VOL. 59, NO. 225

                                       Wednesday, November 23, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1079

[DA-95-07]

 

Milk in the Iowa Marketing Area; Notice of Proposed Revision of 
Pool Supply Plant Shipping Percentage

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed revision of rules.

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SUMMARY: This notice invites written comments on a proposal to increase 
the percentage of a supply plant's receipts that must be delivered to 
fluid milk plants to qualify a supply plant for pooling under the Iowa 
Federal milk order. The applicable percentage would be increased by 10 
percentage points, from 20 percent to 30 percent. The action is 
requested on behalf of Anderson-Erickson Dairy Company of Des Moines, 
Iowa, a proprietary distributing plant that is regulated under the 
order. Proponent contends that the action is needed to obtain an 
adequate supply of milk for fluid use.

DATES: Comments are due no later than November 30, 1994.

ADDRESSES: Comments (two copies) should be sent to USDA/AMS/Dairy 
Division, Order Formulation Branch, Room 2968, South Building, P.O. Box 
96456, Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: Constance M. Brenner, Marketing 
Specialist, USDA/AMS/Dairy Division, Order Formulation Branch, Room 
2968, South Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 
720-7311.

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 action would 
not have a significant economic impact on a substantial number of small 
entities. Such action would tend to ensure that an adequate supply of 
fluid milk is available to consumers in the marketing area.
    The Department is issuing this proposed rule in conformance with 
Executive Order 12866.
    This proposed revision of rules has been reviewed under Executive 
Order 12778, Civil Justice Reform. This action is not intended to have 
retroactive effect. If adopted, this proposed action will not preempt 
any state or local laws, regulations, or policies, unless they present 
an irreconcilable conflict with this rule.
    The 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.
    Notice is hereby given that, pursuant to the provisions of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), and the provisions of Sec. 1079.7(b)(1) of the order, the 
revision of certain provisions of the order regulating the handling of 
milk in the Iowa marketing area is being considered for the months of 
December 1, 1994 through March 31, 1994.
    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 7th day 
after publication of this notice in the Federal Register. The filing 
period is limited to seven days because proponent asked that this 
revision be effective for the period of December 1, 1994 through March 
31, 1995.
    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 provision proposed for revision is the percentage of a supply 
plant's receipts required to be shipped to pool distributing plants 
pursuant to Sec. 1079.7(b) of the Iowa Federal milk order (Order 79). 
As proposed, the percentage of a supply plant's receipts that must be 
shipped to pool distributing plants (fluid milk plants) if the supply 
plant is to be considered a pool plant would be increased by the 
maximum allowable 10 percentage points, from 20 percent to 30 percent, 
for the period December 1, 1994 through March 31, 1995.
    Section 1079.7(b)(1) allows the Director of the Dairy Division to 
reduce or increase a pool supply plant's minimum shipping requirement 
by up to 10 percentage points to prevent uneconomic milk shipments or 
to assure an adequate supply of milk for fluid use.
    Anderson-Erickson Dairy Company (A-E), a fluid milk processing 
plant that is a pool distributing plant under Order 79, requested that 
the shipping percentage be increased. The handler's request states that 
although milk supplies on the market are plentiful, suppliers are 
unable or unwilling to supply milk to A-E at the present market price, 
leaving A-E short of its needs for fluid milk by 3 loads of milk per 
day. A-E cites the $1.93 difference between Class III and Class III-A 
prices as a factor in causing milk supplies to be retained in nonfat 
dry milk operations instead of being made available to the fluid 
market.
    In view of the foregoing, it may be appropriate to increase the 
shipping percentage requirements for pool supply plants under Order 79 
for the period December 1, 1994 through March 31, 1995.

List of Subjects in 7 CFR Part 1079

    Milk marketing orders.

    The authority citation for 7 CFR Part 1079 continues to read as 
follows:

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

    Dated: November 21, 1994.
Richard M. McKee,
Director, Dairy Divison.
[FR Doc. 94-29082 Filed 11-22-94; 8:45 am]
BILLING CODE 3410-02-P