[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Proposed Rules]
[Pages 12907-12908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5806]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / 
Proposed Rules  

[[Page 12907]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1099

[DA-95-10]


Milk in the Paducah, Kentucky, Marketing Area; Proposed 
Termination of Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed termination of order.

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SUMMARY: This document invites written comments on the proposed 
termination of the order regulating the handling of milk in the 
Paducah, Kentucky, marketing area. A proposed amended Paducah, 
Kentucky, order failed to receive the required two-thirds approval in a 
recent producer referendum. Since the Department has determined that 
the provisions of the proposed amended order are necessary to 
effectuate the declared policy of the applicable statutory authority, 
it is necessary to consider terminating the present order.

DATES: Comments are due on or before March 24, 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: 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: 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 eliminate the regulatory 
impact of the order on dairy farmers and regulated handlers.
    This proposed action has been reviewed under Executive Order 12866.
    This proposed termination order has been reviewed under Executive 
Order 12778, Civil Justice Reform. This action is not intended to have 
a 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 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 termination of the order 
regulating the handling of milk in the Paducah, Kentucky, marketing 
area is being considered.
    All persons who want to send written data, views, or arguments 
about the proposed termination should send two copies of them to the 
USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South 
Building, P.O. Box 96456, Washington, DC 20090-6456, by the 15th day 
after the publication of this notice in the Federal Register. The 
period for filing comments is limited to 15 days because a longer 
period would not provide the time needed to complete the required 
procedures before and coordinate the termination with amendatory action 
being taken on milk orders for neighboring markets. The comments that 
are received will be made available for public inspection in the Dairy 
Division during normal business hours (7 CFR 1.27(b)).

Statement of Consideration

    The proposed action would terminate the order regulating the 
handling of milk in the Paducah, Kentucky, marketing area.
    On December 2, 1994, the Department issued a final decision on 
proposed amendments to all Federal milk orders, which was published 
December 14, 1994 (59 FR 64524). The final decision document contained 
proposed amended orders for all marketing areas, including the Paducah 
order. The document also included a referendum order for the Paducah, 
Kentucky, market to ascertain whether producers supplying that market 
approve the issuance of the proposed amended order. The final decision 
concluded that amended orders were needed to effectuate the declared 
policy of the applicable statutory authority.
    The enabling statute requires that at least two-thirds of the 
producers (measured in terms of either number or volume) voting in a 
referendum must approve the issuance of a marketwide pool order before 
it can be put into effect. Only 37.8 percent of the voting producers 
representing 59.8 percent of the milk produced by the dairy farmers who 
voted in the referendum approved the issuance of the proposed amended 
order for the Paducah, Kentucky, marketing area. In these 
circumstances, where it has been concluded that the order should be 
amended to effectuate the declared policy of the enabling statute, and 
that the amended order was not approved by producers, it appears that 
continuation of the existing Paducah, Kentucky, order would not be in 
conformity with the applicable statutory authority. Therefore, it is 
necessary to consider terminating the present order.

List of Subjects in 7 CFR Part 1099

    Milk marketing orders.
    The authority citation for 7 CFR Part 1099 continues to read as 
follows:

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

    [[Page 12908]] Dated: March 3, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-5806 Filed 3-8-95; 8:45 am]
BILLING CODE 3410-02-P