[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Proposed Rules]
[Pages 15523-15524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7335]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1036

[Docket No. DA-95-13]


Milk in the Eastern Ohio-Western Pennsylvania Marketing Area; 
Proposed Termination of Certain Provisions of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed termination of rule.

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SUMMARY: This document invites written comments on a proposal to 
terminate the advertising and promotion provisions of the Eastern Ohio-
Western Pennsylvania order. Termination of the provisions was requested 
by several associations of dairy farmers whose milk is pooled under the 
order. Termination would eliminate redundant expenses in administering 
regional advertising and promotion programs without affecting 
producers' participation.

DATES: Comments are due on or before April 7, 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.

[[Page 15524]] FOR FURTHER INFORMATION CONTACT: Constance M. Brenner, 
Marketing Specialist, USDA/AMS/Dairy Division, Order Formulation 
Branch, Room 2971, South Building, P.O. Box 96456, Washington, DC 
20090-6456 (202) 720-2357.

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 dairy farmers and would not affect milk handlers.
    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 termination of the following 
provisions of the order regulating the handling of milk in the Eastern 
Ohio-Western Pennsylvania marketing area is being considered:
    Sections 1036.105 through 1036.122, the undesignated center heading 
preceding them, and the reference to these provisions in Sec. 1036.73.
    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 14th day 
after the publication of this notice in the Federal Register. The 
period for filing comments is limited to 14 days because a longer 
period would not provide the time needed to complete the required 
procedures before the process to appoint a new Board is initiated in 
April.
    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 termination, requested by Milk Marketing Inc. (MMI), 
Dairylea Cooperative Inc., and Tri-County Producers Cooperative, all 
associations of dairy farmers whose milk is pooled on the Eastern Ohio-
Western Pennsylvania Federal milk order, would eliminate the 
advertising and promotion provisions of that order.
    The cooperatives stated that the primary purpose of these 
provisions, at the time of their implementation, was to increase 
producer participation in the advertising and promotion of milk and 
dairy products. However, the Dairy and Tobacco Adjustment Act of 1985 
mandated that all dairy farmers contribute to such activities through a 
national program spanning all Federal order marketing areas (7 CFR part 
1150). The cooperatives asserted that the advertising and promotion 
provisions of the order are redundant and create unnecessary expenses 
in view of the existence of qualified regional programs that are funded 
under the national advertising and promotion program. The efficiency 
and effectiveness of producer funds would be enhanced with termination 
of the Federal order advertising and promotion provisions. Thus, the 
cooperatives requested removal of the advertising and promotion 
provisions to eliminate administrative costs without affecting the 
integrity of the Federal order program.
    Section 608c(16)(A) of the Act authorizing Federal milk orders 
provides that any order provisions may be terminated separately 
whenever the Secretary makes a determination that such provisions 
obstruct or do not tend to effectuate the declared policy of the Act.
    Therefore, comments are sought to determine whether the 
aforementioned provisions should be terminated.

List of Subjects in 7 CFR Part 1036

    Milk marketing orders.

    The authority citation for 7 CFR part 1036 continues to read as 
follows:

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

    Dated: March 21, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-7335 Filed 3-23-95; 8:45 am]
BILLING CODE 3410-02-P