[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 65-66]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32290]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1032

[DA-95-08]


Milk in the Southern Illinois-Eastern Missouri 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 a portion of the pool supply plant definition of the Southern 
Illinois-Eastern Missouri Federal milk marketing order (Order 32) for 
the months of December 1994 and January 1995. The proposed suspension 
was requested by Mid-America Dairymen, Inc., and Prairie Farms, Inc., 
which contend the proposed action is necessary to ensure that 
producers' milk historically associated with Order 32 will continue to 
be priced and pooled under the order.

DATES: Comments are due no later than January 10, 1995.

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 [[Page 66]] 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 Southern 
Illinois-Eastern Missouri marketing area is being considered for the 
period of December 1, 1994, through January 31, 1995:
    In Sec. 1032.7(c), the words ``each of'', the letter ``s'' at the 
end of the word ``months'', and the words ``through January'' and ``for 
the months of 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 proposed rule would suspend a portion of the pool supply plant 
definition of the Southern Illinois-Eastern Missouri Federal milk 
order. The proposed suspension would allow a supply plant to qualify as 
a pool plant during the months of December 1994 and January 1995 if it 
qualified as a pool supply plant during the immediately preceding month 
of September.
    Mid-America Dairymen, Inc. (Mid-America), and Prairie Farms, Inc. 
(Prairie Farms), jointly requested the proposed suspension. According 
to the request letter, Mid-America lost a major account with a pool 
distributing plant regulated under Order 32, effective December 16, 
1994. As a result, Mid-America and Prairie Farms contend that much of 
the producer milk supplying the distributing plant will no longer be 
needed for Class I use. The proponents assert that the order should not 
penalize producers who have historically supplied the Class I needs of 
the market by requiring milk shipments that are not needed.
    Accordingly, it may be appropriate to suspend the aforesaid 
provisions from December 1, 1994, through January 31, 1995.

List of Subjects in 7 CFR Part 1032

    Milk marketing orders.

    The authority citation for 7 CFR Part 1032 continues to read as 
follows:

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

    Dated: December 27, 1994.
Lon Hatamiya,
 Administrator, Agricultural Marketing Service.
[FR Doc. 94-32290 Filed 12-30-94; 8:45 am]
BILLING CODE 3410-02-P