[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15262-15263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7105]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1050
[DA-95-14]
Milk in the Central Illinois 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 producer milk definition of the Central
Illinois Federal milk marketing order (Order 50) for an indefinite
period commencing April 1, 1995. The proposed suspension was requested
by Prairie Farms Dairy, Inc., which contends the action is necessary to
prevent uneconomic and inefficient movements of milk and to ensure that
producer milk historically associated with Order 50 will continue to be
pooled under the order.
DATES: Comments are due no later than March 30, 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 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 Central
Illinois marketing area is being considered for an indefinite period,
beginning April 1, 1995:
In Sec. 1050.13(d)(2), the words ``not'' and ``it'' where they
first appear.
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 producer milk
definition under the Central Illinois order for an indefinite period of
time, beginning April 1, 1995. The proposed suspension would suspend
the diversion limits applicable to individual producers for a pool
distributing plant regulated under the order. The aggregate limit of 35
percent contained in the proviso of [[Page 15263]] Sec. 1050.13(d)(2)
were suspended for an indefinite period on January 1, 1995.
The Central Illinois order currently allows an operator of a
distributing plant to divert to a nonpool plant up to 50 percent of a
producer's milk that is physically received at the pool plant during
the months of August through April. The proposed suspension would allow
a distributing plant to divert an unlimited amount of a producer's milk
to a nonpool plant during each of these months, provided that at least
one day's production is physically received at a pool plant.
Prairie Farms, which operates the only distributing plant regulated
under Order 50, states that it represents over 90 percent of the
producer milk pooled under Order 50. According to Prairie Farms,
approximately 60 percent of its producer milk pooled under Order 50 was
supplied to Beatrice Cheese, Inc., effective December 1, 1994. It
contends the proposed suspension is necessary to permit it to keep its
producers pooled under the order without the necessity of costly and
inefficient movements of milk. It maintains that its proposal would not
jeopardize the integrity of the order because at least one day's
production would have to be physically received at a pool plant during
each of the months of August through April to qualify the milk for
diversion to a nonpool plant. Prairie Farms requests that the proposed
action be handled on an emergency basis to allow the continuous pooling
of producer milk historically associated with Order 50.
Accordingly, it may be appropriate to suspend the aforesaid
provision for an indefinite period beginning April 1, 1995.
List of Subjects in 7 CFR Part 1050
Milk marketing orders.
The authority citation for 7 CFR part 1050 continues to read as
follows:
Authority: Secs. 1-19, 48 Stat 31, as amended; 7 U.S.C. 601-674.
Dated: March 17, 1995
Lon Hatamiya,
Administrator.
[FR Doc. 95-7105 Filed 3-22-95; 8:45 am]
BILLING CODE 3410-02-P