[Federal Register Volume 60, Number 21 (Wednesday, February 1, 1995)]
[Rules and Regulations]
[Pages 6005-6006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2447]



-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 1032

[DA-95-08]


Milk in the Southern Illinois-Eastern Missouri Marketing Area; 
Suspension of Certain Provisions of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Suspension of rule.

-----------------------------------------------------------------------

SUMMARY: This document suspends a portion of the pool supply plant 
definition of the Southern Illinois-Eastern Missouri Federal milk 
marketing order (Order 32) for the month of 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.

EFFECTIVE DATE: January 1, 1995, through January 31, 1995.

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 document in this proceeding:
    Notice of Proposed Suspension: Issued December 27, 1994; published 
January 3, 1995 (60 FR 65).
    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 lessens the regulatory impact of the order on certain milk 
handlers and tends to ensure that dairy farmers will continue to have 
their milk priced under the order and thereby receive the benefits that 
accrue from such pricing.
    The Department is issuing this final 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 suspension is issued pursuant to the provisions of 
the Agricultural Marketing Agreement Act and of the order regulating 
the handling of milk in the Southern Illinois-Eastern Missouri 
marketing area.
    Notice of proposed rulemaking was published in the Federal Register 
on January 3, 1995 (60 FR 65) concerning a proposed suspension of 
certain provisions of the order. Interested persons were afforded 
opportunity to file written data, views and arguments thereon. One 
comment letter supporting the proposed suspension was received.
    After consideration of all relevant material, including the 
proposal in the notice and other available information, it is hereby 
found and determined that for the period of January 1, 1995, through 
January 31, 1995, the following provisions of the order do not tend to 
effectuate the declared policy of the Act:
    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''.

Statement of Consideration

    This rule suspends a portion of the pool supply plant definition of 
the Southern Illinois-Eastern Missouri Federal milk order. The 
suspension allows a supply plant to qualify as a pool plant during the 
month of 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 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.
    Mid-America and Prairie Farms filed a comment letter reiterating 
its support for the proposed suspension. No comments were received in 
opposition to the proposed action.
    The suspension is found to be necessary for the purpose of assuring 
[[Page 6006]] that producers whose milk has long been associated with 
the Southern Illinois-Eastern Missouri marketing area will continue to 
benefit from pooling and pricing under the order.
    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 suspension is necessary to reflect current marketing 
conditions and to assure orderly marketing conditions in the marketing 
area, in that such rule is necessary to permit the continued pooling of 
the milk of dairy farmers who have historically supplied the market 
without the need for making costly and inefficient movements of milk;
    (b) This suspension 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 suspension. One comment letter supporting the proposed 
suspension was received.
    Therefore, good cause exists for making this order effective less 
than 30 days from the date of publication in the Federal Register.

List of Subjects in 7 CFR Part 1032

    Milk marketing orders.

    For the reasons set forth in the preamble, the following provision 
in Title 7, Part 1032, is amended as follows:

PART 1032--MILK IN THE SOUTHERN ILLINOIS-EASTERN MISSOURI MARKETING 
AREA

    1. 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.


Sec. 1032.7  [Suspended in part]

    2. 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'', are suspended for the period of January 
1, 1995, through January 31, 1995.

    Dated: January 27, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-2447 Filed 1-31-95; 8:45 am]
BILLING CODE 3410-02-P