[Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
[Rules and Regulations]
[Pages 6606-6613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2446]




[[Page 6605]]

_______________________________________________________________________

Part IV





Department of Agriculture





_______________________________________________________________________



Agricultural Marketing Service



_______________________________________________________________________



7 CFR Part 1001 et al.



Milk Marketing Orders; New England et al.; Final Rule

  Federal Register / Vol. 60, No. 22 / Thursday, February 2, 1995 / 
Rules and Regulations   

[[Page 6606]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1001, 1002, 1004, 1005, 1006, 1007, 1011, 1012, 1013, 
1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 1050, 1064, 1065, 
1068, 1075, 1076, 1079, 1093, 1094, 1096, 1106, 1108, 1124, 1126, 
1131, 1134, 1135, 1137, 1138, and 1139

[Docket Nos. AO-14-A67, etc.; DA-94-02]


Milk in the New England and Other Marketing Areas; Order Amending 
the Orders

------------------------------------------------------------------------
 7 CFR                                                                  
 part                   Marketing area                      AO Nos.     
------------------------------------------------------------------------
1001..  New England..................................  AO-14-A67        
1002..  New York-New Jersey..........................  AO-71-A82        
1004..  Middle Atlantic..............................  AO-160-A70       
1005..  Carolina.....................................  AO-388-A7        
1006..  Upper Florida................................  AO-356-A31       
1007..  Georgia......................................  AO-366-A37       
1011..  Tennessee Valley.............................  AO-251-A38       
1012..  Tampa Bay....................................  AO-347-A34       
1013..  Southeastern Florida.........................  AO-286-A41       
1030..  Chicago Regional.............................  AO-361-A32       
1032..  Southern Illinois-Eastern Missouri...........  AO-313-A41       
1033..  Ohio Valley..................................  AO-166-A64       
1036..  Eastern Ohio-Western Pennsylvania............  AO-179-A59       
1040..  Southern Michigan............................  AO-225-A46       
1044..  Michigan Upper Peninsula.....................  AO-299-A29       
1046..  Louisville-Lexington-Evansville..............  AO-123-A65       
1049..  Indiana......................................  AO-319-A42       
1050..  Central Illinois.............................  AO-355-A29       
1064..  Greater Kansas City..........................  AO-23-A62        
1065..  Nebraska-Western Iowa........................  AO-86-A51        
1068..  Upper Midwest................................  AO-178-A49       
1075..  Black Hills, South Dakota....................  AO-248-A23       
1076..  Eastern South Dakota.........................  AO-260-A33       
1079..  Iowa.........................................  AO-295-A45       
1093..  Alabama-West Florida.........................  AO-386-A15       
1094..  New Orleans-Mississippi......................  AO-103-A57       
1096..  Greater Louisiana............................  AO-257-A44       
1106..  Southwest Plains.............................  AO-210-A55       
1108..  Central Arkansas.............................  AO-243-A47       
1124..  Pacific Northwest............................  AO-368-A23       
1126..  Texas........................................  AO-231-A63       
1131..  Central Arizona..............................  AO-271-A33       
1134..  Western Colorado.............................  AO-301-A24       
1135..  Southwestern Idaho-Eastern Oregon............  AO-380-A13       
1137..  Eastern Colorado.............................  AO-326-A28       
1138..  New Mexico-West Texas........................  AO-335-A39       
1139..  Great Basin..................................  AO-309-A33       
------------------------------------------------------------------------

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This final action provides a new formula to price Class II 
milk under 37 Federal orders. The Class II milk price will be 
calculated by adding a fixed differential of 30 cents to the basic 
formula price for the second preceding month. The Class II price will, 
like the Class I price in all Federal orders, be announced on or before 
the fifth day of the month and apply to milk marketed during the 
following month. This action also will eliminate the ``add-back'' 
provision which requires that the difference between the Class II price 
and the Class III price be added to the subsequent month's Class II 
price when the Class II price for the month falls below the Class III 
price.
    Each of the amended orders was approved by producers who were 
eligible to have their milk pooled during the representative month for 
voting purposes. Referenda were conducted in six markets and 
cooperative associations were polled in the other markets. One order 
that was included in this proceeding--Paducah, Kentucky--is not 
included in this final rule. For Paducah, Kentucky, a referendum was 
conducted and a sufficient number of producers did not approve the 
issuance of the proposed amended order.

EFFECTIVE DATE: March 1, 1995.

FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Marketing Specialist, 
USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South 
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1366.

SUPPLEMENTARY INFORMATION: This administrative action is governed by 
the provisions of Sections 556 and 557 of Title 5 of the United States 
Code and therefore is excluded from the requirements of Executive Order 
12866.
    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires the 
Agency to examine the impact of a final 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. 
The amended orders will promote more orderly marketing of milk by 
producers and regulated handlers.
    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have a retroactive 
effect. This action 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 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 the 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.
    Prior documents in this proceeding:
    Notice of Hearing: Issued December 14, 1993; published December 21, 
1993 (58 FR 67380).
    Recommended Decision: Issued August 22, 1994; published August 26, 
1994 (59 FR 44074).
    Final Decision: Issued December 2, 1994; published December 14, 
1994 (59 FR 64524).

Findings and Determinations

    The findings and determinations hereinafter set forth supplement 
those that were made when each of the aforesaid orders was first issued 
and when each was amended. The previous findings and determinations are 
hereby ratified and confirmed, except where they may conflict with 
those set forth herein.
    The following findings are hereby made with respect to each of the 
aforesaid orders:
    (a) Findings upon the basis of the hearing record. Pursuant to the 
provisions of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), and the applicable rules of practice and 
procedure governing the formulation of marketing agreements and 
marketing orders (7 CFR part 900), a public hearing was held upon 
certain proposed amendments to the tentative marketing agreements and 
to the orders regulating the handling of milk in the respective 
marketing areas.
    Upon the basis of the evidence introduced at such hearing and the 
record thereof, for each of the specified orders, it is found that:
    (1) The said order as hereby amended, and all of the terms and 
conditions thereof, will tend to effectuate the declared policy of the 
Act;

[[Page 6607]]

    (2) The parity prices of milk, as determined pursuant to section 2 
of the Act, are not reasonable in view of the price of feeds, available 
supplies of feeds, and other economic conditions which affect market 
supply and demand for milk in the said marketing area; and the minimum 
prices specified in the order as hereby amended, are such prices as 
will reflect the aforesaid factors, insure a sufficient quantity of 
pure and wholesome milk, and be in the public interest; and
    (3) The said order as hereby amended regulates the handling of milk 
in the same manner as, and is applicable only to persons in the 
respective classes of industrial or commercial activity specified in, a 
marketing agreement upon which a hearing was held.
    (b) Determinations. It is hereby determined that:
    (1) The refusal or failure of handlers (excluding cooperative 
associations specified in Sec. 8c(9) of the Act) of more than 50 
percent of the milk, which is marketed within each of the specified 
marketing areas, to sign a proposed marketing agreement, tends to 
prevent the effectuation of the declared policy of the Act;
    (2) The issuance of this order amending each of the specified 
orders is the only practical means pursuant to the declared policy of 
the Act of advancing the interests of producers as defined in the 
respective orders as hereby amended;
    (3) The issuance of the order amending each of the specified 
orders, except the order regulating the handling of milk in the 
Michigan Upper Peninsula marketing area, is favored by at least two-
thirds of the producers who were engaged in the production of milk for 
sale in the respective marketing areas; and
    (4) The issuance of the order amending the order regulating the 
handling of milk in the Michigan Upper Peninsula marketing area is 
favored by at least three-fourths of the producers who during the 
determined representative period were engaged in the production of milk 
for sale in the marketing area.

List of Subjects in 7 CFR Parts 1001, 1002, 1004, 1005, 1006, 1007, 
1011, 1012, 1013, 1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 
1050, 1064, 1065, 1068, 1075, 1076, 1079, 1093, 1094, 1096, 1106, 
1108, 1124, 1126, 1131, 1134, 1135, 1137, 1138, and 1139

    Milk marketing orders.

Order Relative to Handling

    It is therefore ordered, That on and after the effective date 
hereof, the handling of milk in each of the aforesaid marketing areas 
shall be in conformity to and in compliance with the terms and 
conditions of each of the orders, as amended, and as hereby further 
amended, as follows:
    The authority citation for 7 CFR Parts 1001 through 1139 continues 
to read as follows:

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

PART 1001--MILK IN THE NEW ENGLAND MARKETING AREA


Sec. 1001.21  [Removed and Reserved]

    1. Section 1001.21 is removed and reserved.
    2. Section 1001.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1001.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1001.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' without revising the text of 
the paragraph, and by removing paragraph (b), to read as follows:


Sec. 1001.51  Basic formula price.

* * * * *
    4. Section 1001.54 is revised to read as follows:


Sec. 1001.54  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I and Class II prices for the 
following month, and the Class III and Class III-A prices for the 
preceding month.
PART 1002--MILK IN THE NEW YORK-NEW JERSEY MARKETING AREA


Sec. 1002.19  [Removed and Reserved]

    1. Section 1002.19 is removed and reserved.
    2. Section 1002.50 is amended by revising paragraph (c) to read as 
follows:


Sec. 1002.50  Class prices.

* * * * *
    (c) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1002.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' without revising the text of 
the paragraph, and by removing paragraph (b), to read as follows:


Sec. 1002.51  Basic formula price.

* * * * *.
    4. Section 1002.56 is amended by revising the introductory text, 
removing the introductory text of paragraph (a), redesignating 
paragraph (a)(1) as paragraph (a), revising paragraph (b), 
redesignating paragraph (a)(2) as paragraph (c), redesignating 
paragraph (a)(3) as paragraph (d), redesignating paragraph (a)(4) as 
paragraph (e), redesignating paragraph (a)(5) as paragraph (f), and 
redesignating paragraph (a)(6) as paragraph (g), to read as follows:


Sec. 1002.56  Announcement of class prices and butterfat differential.

    The market administrator shall announce publicly on or before the 
fifth day of each month, the following:
* * * * *
    (b) The Class II price for the following month applicable at the 
201-210 mile zone and at the 1-10 mile zone.
* * * * *

PART 1004--MILK IN THE MIDDLE ATLANTIC MARKETING AREA


Sec. 1004.21  [Removed and Reserved]

    1. Section 1004.21 is removed and reserved.
    2. Section 1004.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1004.50  Class and component prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1004.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' without revising the text of 
the paragraph, and by removing paragraph (b), to read as follows:


Sec. 1004.51  Basic formula price.

* * * * *
    4. Section 1004.53 is amended by revising the introductory text, 
removing the introductory text of paragraph (a), redesignating 
paragraph (a)(1) as paragraph (a), revising paragraph (b), 
redesignating paragraph (a)(2) as paragraph (c), and redesignating 
paragraph (a)(3) as paragraph (d) to read as follows:


Sec. 1004.53  Announcement of class prices and component prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month, the following:
* * * * * 

[[Page 6608]]

    (b) The Class II price for the following month;
* * * * *

PART 1005--MILK IN THE CAROLINA MARKETING AREA


Sec. 1005.20  [Removed]

    1. Section 1005.20 is removed.
    2. Section 1005.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1005.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1005.52  [Removed and Reserved]

    3. Section 1005.52 is removed and reserved.
    4. Section 1005.54 is revised to read as follows:


Sec. 1005.54  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1006--MILK IN THE UPPER FLORIDA MARKETING AREA


Sec. 1006.19  [Removed and Reserved]

    1. Section 1006.19 is removed and reserved.
    2. Section 1006.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1006.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1006.51a  [Removed]

    3. Section 1006.51a is removed.
    4. Section 1006.53 is revised to read as follows:


Sec. 1006.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1007--MILK IN THE GEORGIA MARKETING AREA


Sec. 1007.20  [Removed and Reserved]

    1. Section 1007.20 is removed and reserved.
    2. Section 1007.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1007.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1007.51a  [Removed]

    3. Section 1007.51a is removed.
    4. Section 1007.53 is revised to read as follows:


Sec. 1007.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1011--MILK IN THE TENNESSEE VALLEY MARKETING AREA


Sec. 1011.20  [Removed]

    1. Section 1011.20 is removed.
    2. Section 1011.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1011.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1011.51a  [Removed]

    3. Section 1011.51a is removed.
    4. Section 1011.53 is revised to read as follows:


Sec. 1011.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A price for the 
preceding month.

PART 1012--MILK IN THE TAMPA BAY MARKETING AREA


Sec. 1012.19  [Removed and Reserved]

    1. Section 1012.19 is removed and reserved.
    2. Section 1012.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1012.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1012.51a  [Removed]

    3. Section 1012.51a is removed.
    4. Section 1012.53 is revised to read as follows:


Sec. 1012.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1013--MILK IN THE SOUTHEASTERN FLORIDA MARKETING AREA


Sec. 1013.19  [Removed and Reserved]

    1. Section 1013.19 is removed and reserved.
    2. Section 1013.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1013.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1013.51a  [Removed]

    3. Section 1013.51a is removed.
    4. Section 1013.53 is revised to read as follows:


Sec. 1013.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1030--MILK IN THE CHICAGO REGIONAL MARKETING AREA


Sec. 1030.20  [Removed and Reserved]

    1. Section 1030.20 is removed and reserved.
    2. Section 1030.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1030.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1030.51a  [Removed]

    3. Section 1030.51a is removed.
    4. Section 1030.53 is revised to read as follows:


Sec. 1030.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month. 

[[Page 6609]]


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


Sec. 1032.20  [Removed]

    1. Section 1032.20 is removed.
    2. Section 1032.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1032.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1032.51a  [Removed]

    3. Section 1032.51a is removed.
    4. Section 1032.53 is revised to read as follows:


Sec. 1032.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1033--MILK IN THE OHIO VALLEY MARKETING AREA


Sec. 1033.20  [Removed and Reserved]

    1. Section 1033.20 is removed and reserved.
    2. Section 1033.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1033.50  Class and component prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1033.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' without revising the text of 
the paragraph, and by removing paragraph (b), to read as follows:


Sec. 1033.51  Basic formula price.

* * * * *
    4. Section 1033.53 is amended by revising the introductory text, 
removing the introductory text of paragraph (a), redesignating 
paragraph (a)(1) as paragraph (a), revising paragraph (b), 
redesignating paragraph (a)(2) as paragraph (c), redesignating 
paragraph (a)(3) as paragraph (d), redesignating paragraph (a)(4) as 
paragraph (e) and redesignating paragraph (a)(5) as paragraph (f), to 
read as follows:


Sec. 1033.53  Announcement of class and component prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month, the following:
* * * * *
    (b) The Class II price for the following month;
* * * * *

PART 1036--MILK IN THE EASTERN OHIO-WESTERN PENNSYLVANIA MARKETING 
AREA


Sec. 1036.20  [Removed and Reserved]

    1. Section 1036.20 is removed and reserved.
    2. Section 1036.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1036.50  Class and component prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1036.51a  [Removed]

    3. Section 1036.51a is removed.
    4. Section 1036.53 is amended by revising the introductory text, 
removing the introductory text of paragraph (a), redesignating 
paragraph (a)(1) as paragraph (a), revising paragraph (b), 
redesignating paragraph (a)(2) as paragraph (c), redesignating 
paragraph (a)(3) as paragraph (d), redesignating paragraph (a)(4) as 
paragraph (e) and redesignating paragraph (a)(5) as paragraph (f), to 
read as follows:


Sec. 1036.53  Announcement of class and component prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month, the following:
* * * * *
    (b) The Class II price for the following month;
* * * * *

PART 1040--MILK IN THE SOUTHERN MICHIGAN MARKETING AREA


Sec. 1040.21  [Removed]

    1. Section 1040.21 is removed.
    2. Section 1040.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1040.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1040.51a  [Removed]

    3. Section 1040.51a is removed.
    4. Section 1040.53 is revised to read as follows:


Sec. 1040.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1044--MILK IN THE MICHIGAN UPPER PENINSULA MARKETING AREA


Sec. 1044.20  [Removed and Reserved]

    1. Section 1044.20 is removed and reserved.
    2. Section 1044.22 is amended by revising paragraph (i)(1)(i) and 
removing paragraph (i)(3), to read as follows:


Sec. 1044.22  Additional duties of the market administrator.

* * * * *
    (i) * * *
    (1) * * *
    (i) The Class I price and Class II price for the following month;
* * * * *
    3. Section 1044.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1044.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    4. Section 1044.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' without revising the text of 
the paragraph, and by removing paragraph (b), to read as follows:


Sec. 1044.51  Basic formula price.

* * * * *

PART 1046--MILK IN THE LOUISVILLE-LEXINGTON-EVANSVILLE MARKETING 
AREA


Sec. 1046.20  [Removed]

    1. Section 1046.20 is removed.
    2. Section 1046.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1046.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1046.51a  [Removed]

    3. Section 1046.51a is removed.
    4. Section 1046.53 is revised to read as follows:


Sec. 1046.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

[[Page 6610]]


PART 1049--MILK IN THE INDIANA MARKETING AREA


Sec. 1049.20  [Removed]

    1. Section 1049.20 is removed.
    2. Section 1049.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1049.50  Class and component prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1049.51a  [Removed]

    3. Section 1049.51a is removed.
    4. Section 1049.53 is amended by revising the introductory text, 
removing the introductory text of paragraph (a), redesignating 
paragraph (a)(1) as paragraph (a), revising paragraph (b), 
redesignating paragraph (a)(2) as paragraph (c), redesignating 
paragraph (a)(3) as paragraph (d), redesignating paragraph (a)(4) as 
paragraph (e) and redesignating paragraph (a)(5) as paragraph (f), to 
read as follows:


Sec. 1049.53  Announcement of class and component prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month, the following:
* * * * *
    (b) The Class II price for the following month;
* * * * *

PART 1050--MILK IN THE CENTRAL ILLINOIS MARKETING AREA


Sec. 1050.20  [Removed]

    1. Section 1050.20 is removed.
    2. Section 1050.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1050.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1050.51a  [Removed]
    3. Section 1050.51a is removed.
    4. Section 1050.53 is revised to read as follows:


Sec. 1050.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1064--MILK IN THE GREATER KANSAS CITY MARKETING AREA


Sec. 1064.20  [Removed]

    1. Section 1064.20 is removed.
    2. Section 1064.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1064.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1064.51a  [Removed]

    3. Section 1064.51a is removed.
    4. Section 1064.53 is revised to read as follows:


Sec. 1064.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1065--MILK IN THE NEBRASKA-WESTERN IOWA MARKETING AREA


Sec. 1065.20  [Removed]

    1. Section 1065.20 is removed.
    2. Section 1065.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1065.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1065.51a  [Removed]

    3. Section 1065.51a is removed.
    4. Section 1065.53 is revised to read as follows:


Sec. 1065.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1068--MILK IN THE UPPER MIDWEST MARKETING AREA


Sec. 1068.20  [Removed]

    1. Section 1068.20 is removed.
    2. Section 1068.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1068.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1068.51a  [Removed]

    3. Section 1068.51a is removed.
    4. Section 1068.53 is revised to read as follows:


Sec. 1068.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1075--MILK IN THE BLACK HILLS, SOUTH DAKOTA MARKETING AREA


Sec. 1075.20  [Removed]

    1. Section 1075.20 is removed.
    2. Section 1075.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1075.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1075.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' without revising the text of 
the paragraph, and by removing paragraph (b), to read as follows:


Sec. 1075.51  Basic formula price.

* * * * *
    4. Section 1075.53 is revised to read as follows:


Sec. 1075.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1076--MILK IN THE EASTERN SOUTH DAKOTA MARKETING AREA


Sec. 1076.20  [Removed]

    1. Section 1076.20 is removed.
    2. Section 1076.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1076.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1076.51a  [Removed]

    3. Section 1076.51a is removed.
    4. Section 1076.53 is revised to read as follows:


Sec. 1076.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth 

[[Page 6611]]
day of each month the Class I price and the Class II price for the 
following month, and the Class III price for the preceding month.

PART 1079--MILK IN THE IOWA MARKETING AREA


Sec. 1079.20  [Removed]

    1. Section 1079.20 is removed.
    2. Section 1079.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1079.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1079.51a  [Removed]

    3. Section 1079.51a is removed.
    4. Section 1079.53 is revised to read as follows:


Sec. 1079.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1093--MILK IN THE ALABAMA-WEST FLORIDA MARKETING AREA


Sec. 1093.20  [Removed]

    1. Section 1093.20 is removed.
    2. Section 1093.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1093.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1093.51a  [Removed]

    3. Section 1093.51a is removed.
    4. Section 1093.53 is revised to read as follows:


Sec. 1093.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A price for the 
preceding month.

PART 1094--MILK IN THE NEW ORLEANS-MISSISSIPPI MARKETING AREA


Sec. 1094.20  [Removed]

    1. Section 1094.20 is removed.
    2. Section 1094.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1094.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1094.51a  [Removed]

    3. Section 1094.51a is removed.
    4. Section 1094.53 is revised to read as follows:


Sec. 1094.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1096--MILK IN THE GREATER LOUISIANA MARKETING AREA


Sec. 1096.20  [Removed]

    1. Section 1096.20 is removed.
    2. Section 1096.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1096.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1096.51a  [Removed]

    3. Section 1096.51a is removed.
    4. Section 1096.53 is revised to read as follows:


Sec. 1096.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1106--MILK IN THE SOUTHWEST PLAINS MARKETING AREA


Sec. 1106.20  [Removed]

    1. Section 1106.20 is removed.
    2. Section 1106.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1106.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1106.51a  [Removed]

    3. Section 1106.51a is removed.
    4. Section 1106.53 is revised to read as follows:


Sec. 1106.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1108--MILK IN THE CENTRAL ARKANSAS MARKETING AREA


Sec. 1108.20  [Removed]

    1. Section 1108.20 is removed.
    2. Section 1108.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1108.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1108.51a  [Removed]

    3. Section 1108.51a is removed.
    4. Section 1108.53 is revised to read as follows:


Sec. 1108.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1124--MILK IN THE PACIFIC NORTHWEST MARKETING AREA

    1. Section 1124.19 is revised to read as follows:
Sec. 1124.19  Butterfat differential.

    The butterfat differential is the number that results from 
subtracting the computation in paragraph (b) of this section from the 
computation in paragraph (a) of this section and rounding to the 
nearest one-tenth cent:
    (a) Multiply 0.138 times the monthly average Chicago Mercantile 
Exchange Grade A (92-score) butter price as reported by the Dairy 
Division;
    (b) Multiply 0.0028 times the average price per hundredweight, at 
test, for manufacturing grade milk, f.o.b. plants in Minnesota and 
Wisconsin, as reported by the Department for the month.
    2. Section 1124.50 is amended by revising the references in 
paragraphs (e) and (f)(2) from ``Sec. 1124.19(e)'' to ``Sec. 1124.19'' 
and revising paragraph (b) to read as follows:


Sec. 1124.50  Class and component prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1124.51 is amended by revising the section heading, 
removing 

[[Page 6612]]
the paragraph designation ``(a)'' and revising the reference in that 
paragraph from ``Sec. 1124.19(e)'' to ``Sec. 1124.19'', and by removing 
paragraph (b), to read as follows:


Sec. 1124.51  Basic formula price.

* * * * *
    4. Section 1124.53 is amended by revising paragraph (a), removing 
paragraph (b), and redesignating paragraph (c) as paragraph (b), to 
read as follows:


Sec. 1124.53  Announcement of class and component prices.

* * * * *
    (a) On or before the 5th day of each month, the Class I price and 
the Class II price for the following month, and the Class III and Class 
III-A price for the preceding month.
* * * * *
    5. In Sec. 1124.75 (a)(2)(i), the reference to ``Sec. 1124.19(e)'' 
is revised to read ``Sec. 1124.19''.

PART 1126--MILK IN THE TEXAS MARKETING AREA


Sec. 1126.20  [Removed and Reserved]

    1. Section 1126.20 is removed and reserved.
    2. Section 1126.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1126.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1126.51a  [Removed]

    3. Section 1126.51a is removed.
    4. Section 1126.53 is revised to read as follows:


Sec. 1126.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1131--MILK IN THE CENTRAL ARIZONA MARKETING AREA


Sec. 1131.20  [Removed and Reserved]

    1. Section 1131.20 is removed and reserved.
    2. Section 1131.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1131.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1131.51a  [Removed]

    3. Section 1131.51a is removed.
    4. Section 1131.53 is revised to read as follows:


Sec. 1131.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A prices for the 
preceding month.

PART 1134--MILK IN THE WESTERN COLORADO MARKETING AREA


Sec. 1134.19  [Removed and Reserved]

    1. Section 1134.19 is removed and reserved.
    2. Section 1134.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1134.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1134.51a  [Removed]

    3. Section 1134.51a is removed.
    4. Section 1134.53 is revised to read as follows:


Sec. 1134.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1135--MILK IN THE SOUTHWESTERN IDAHO-EASTERN OREGON MARKETING 
AREA

    1. Section 1135.19 is revised to read as follows:


Sec. 1135.19  Butterfat differential.
    The butterfat differential is the number that results from 
subtracting the computation in paragraph (b) of this section from the 
computation in paragraph (a) of this section and rounding to the 
nearest one-tenth cent:
    (a) Multiply 0.138 times the monthly average Chicago Mercantile 
Exchange Grade A (92-score) butter price as reported by the Dairy 
Division;
    (b) Multiply 0.0028 times the average price per hundredweight, at 
test, for manufacturing grade milk, f.o.b. plants in Minnesota and 
Wisconsin, as reported by the Department for the month.
    2. Section 1135.50 is amended by revising the references in 
paragraphs (e) and (f)(2) from ``Sec. 1135.19(e)'' to ``Sec. 1135.19'' 
and revising paragraph (b) to read as follows:


Sec. 1135.50  Class and component prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1135.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' and revising the reference 
in that paragraph from ``Sec. 1135.19(e)'' to ``Sec. 1135.19'', and by 
removing paragraph (b), to read as follows:


Sec. 1135.51  Basic formula price.

* * * * *
    4. Section 1135.53 is amended by revising paragraph (a), removing 
paragraph (b), and redesignating paragraph (c) as paragraph (b), to 
read as follows:


Sec. 1135.53  Announcement of class and component prices.

* * * * *
    (a) On or before the 5th day of each month, the Class I price and 
the Class II price for the following month, and the Class III and Class 
III-A prices for the preceding month.
* * * * *
    5. In Sec. 1135.74(b)(2)(i) and (ii), the references to 
``Sec. 1135.19(e)'' are revised to read ``Sec. 1135.19''.

PART 1137--MILK IN THE EASTERN COLORADO MARKETING AREA


Sec. 1137.19  [Removed and Reserved]

    1. Section 1137.19 is removed and reserved.
    2. Section 1137.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1137.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1137.51a  [Removed]

    3. Section 1137.51a is removed.
    4. Section 1137.53 is revised to read as follows:


Sec. 1137.53  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III price for the preceding month.

PART 1138--MILK IN THE NEW MEXICO-WEST TEXAS MARKETING AREA


Sec. 1138.20  [Removed and Reserved]

    1. Section 1138.20 is removed and reserved. 

[[Page 6613]]

    2. Section 1138.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1138.50  Class prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *


Sec. 1138.52  [Removed and Reserved]

    3. Section 1138.52 is removed and reserved.
    4. Section 1138.54 is revised to read as follows:


Sec. 1138.54  Announcement of class prices.

    The market administrator shall announce publicly on or before the 
fifth day of each month the Class I price and the Class II price for 
the following month, and the Class III and Class III-A price for the 
preceding month.
PART 1139--MILK IN THE GREAT BASIN MARKETING AREA


Sec. 1139.19  [Removed and Reserved]

    1. Section 1139.19 is removed and reserved.
    2. Section 1139.50 is amended by revising paragraph (b) to read as 
follows:


Sec. 1139.50  Class prices and component prices.

* * * * *
    (b) Class II price. The Class II price shall be the basic formula 
price for the second preceding month plus $0.30.
* * * * *
    3. Section 1139.51 is amended by revising the section heading, 
removing the paragraph designation ``(a)'' without revising the text of 
the paragraph, and by removing paragraph (b), to read as follows:


Sec. 1139.51  Basic formula price.

* * * * *
    4. Section 1139.53 is amended by revising paragraph (a), removing 
paragraph (b), and redesignating paragraph (c) as paragraph (b), to 
read as follows:


Sec. 1139.53  Announcement of class and component prices.

* * * * *
    (a) The 5th day of each month, the Class I price and the Class II 
price for the following month.
* * * * *
    Dated: January 27, 1995.
Patricia Jensen,
Acting Assistant Secretary Marketing and Regulatory Programs.
[FR Doc. 95-2446 Filed 2-1-95; 8:45 am]
BILLING CODE 3410-02-P