[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29092]


[[Page Unknown]]

[Federal Register: November 25, 1994]


                                                   VOL. 59, NO. 226

                                          Friday, November 25, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1005

[DA-95-05]

 

Milk in the Carolina Marketing Area; Proposed Suspension of 
Certain Provisions of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed suspension of rule.

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SUMMARY: This document invites written comments on a proposal to 
suspend for a cooperative association the diversion limitation of the 
Carolina Federal milk marketing order (Order 5) for the months of 
January and February 1995. The proposed suspension was requested by 
Carolina Virginia Milk Producers Association (Carolina Virginia). The 
cooperative association contends the action is necessary to maintain 
orderly marketing conditions and ensure that the milk of its member 
producers will continue to be pooled during these months.

DATES: Comments are due no later than December 2, 1994.

ADDRESSES: Comments (two copies) should be filed with the 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 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 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, the suspension of the following 
provision of the order regulating the handling of milk in the Carolina 
marketing area is being considered for the period of January 1 through 
February 28, 1995:
    In Sec. 1005.13(d)(2), the words ``and January and February''.
    All persons who want to submit written data, views or arguments 
about the proposed suspension should send two copies of their views to 
the 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 period 
for filing comments is limited to 7 days because a longer period would 
not provide the time needed to complete the required procedures before 
the requested suspension is to be effective.
    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 Carolina order requires that during each of the months of July 
through November, January, and February, the total quantity of milk 
diverted to nonpool plants by a cooperative association not exceed 25 
percent of the producer milk that such cooperative caused to be 
delivered to or diverted from such pool plants. The proposed action 
would suspend the 25 percent diversion limitation for a cooperative 
association for the months of January and February. It would allow a 
cooperative association to divert an unlimited quantity of each member 
producer's milk to nonpool plants if at least six days' production was 
delivered to a pool plant during the month.
    Carolina Virginia Milk Producers Association (Carolina Virginia), a 
cooperative association with member producers pooled on the Alabama 
(Order 93), Georgia (Order 7), Tennessee Valley (Order 11), and 
Carolina (Order 5) Federal milk marketing orders, indicates that 
effective August 1, 1994, it lost Class I sales with a handler 
regulated under Order 7. The cooperative then gained Class I sales with 
a handler regulated under Order 5 effective October 1, 1994, and 
shifted the producer milk supply formerly associated with the Order 7 
handler to Order 5. This realignment resulted in additional producer 
milk delivered to Carolina handlers during the summer and fall months 
of 1994.
    The cooperative states that it is the balancing agent for its Class 
I customers under Order 5 for their weekly and seasonal milk supply. It 
asserts that the proposed suspension is necessary to accommodate 
pooling the anticipated production of its member producers during these 
months.
    Accordingly, it may be appropriate to suspend the aforesaid 
provisions from January 1 through February 28, 1995.

List of Subjects in 7 CFR Part 1005

    Milk marketing orders.

    The authority citation for 7 CFR Part 1005 continues to read as 
follows:

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

    Dated: November 21, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-29092 Filed 11-23-94; 8:45 am]
BILLING CODE 3410-02-P