[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Proposed Rules]
[Pages 47495-47497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22829]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1005, 1006, 1007, 1011, 1012, 1013, and 1046

[Docket No. AO-388-A9, et al.; DA-95-22]


Milk in the Carolina and Certain Other Marketing Areas; 
Supplemental Notice of Hearing on Proposed Amendments to Tentative 
Marketing Agreement and Order

AGENCY: Agricultural Marketing Service, USDA.


[[Page 47496]]

ACTION: Notice of public hearing on proposed rulemaking.

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  7 CFR part                 Marketing area                  Docket No. 
------------------------------------------------------------------------
1005.........  Carolina..................................  AO-388-A9    
1006.........  Upper Florida.............................  AO-356-A32   
1007.........  Southeast.................................  AO-366-A37   
1011.........  Tennessee Valley..........................  AO-251-A40   
1012.........  Tampa Bay.................................  AO-347-A35   
1013.........  Southeastern Florida......................  AO-286-A42   
1046.........  Louisville-Lexington-Evansville...........  AO-123-A67   
------------------------------------------------------------------------

SUMMARY: On August 17, 1995, a notice of hearing was published in the 
Federal Register (60 FR 42815) advising the public of a hearing to be 
held on September 19, 1995, in Atlanta, Georgia, to consider proposed 
amendments to the Southeast Federal milk order. Since that time, two 
other proposals have been received to provide a transportation credit 
and a 20-cent Class I price increase in 7 southern Federal milk orders 
during the period of October 1995 through February 1996. The proposal 
is intended to assure these markets of an adequate supply of milk 
during a period of declining milk production in the southeastern United 
States. Proponents have indicated that they will ask for emergency 
consideration of these issues at the hearing.

DATES: The hearing will convene at 9:00 a.m. on September 19, 1995.

ADDRESSES: The hearing will be held at the Granada Suite Hotel, 1302 
West Peachtree Street, Atlanta, Georgia 30309 (Tel: 800/548-5631).

FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist, 
Order Formulation Branch, USDA/AMS/Dairy Division, Room 2971, South 
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1932.

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.
    Notice is hereby given of a public hearing to be held at the 
Granada Suite Hotel, 1302 West Peachtree Street, Atlanta, Georgia, 
beginning at 9:00 a.m., on September 19, 1995, with respect to proposed 
amendments to the tentative marketing agreement and to the order 
regulating the handling of milk in the aforementioned marketing areas.
    The hearing is called 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).
    The purpose of the hearing is to receive evidence with respect to 
the economic and marketing conditions which relate to the proposed 
amendments, hereinafter set forth, and any appropriate modifications 
thereof, to the tentative marketing agreements and to the orders. The 
proposed ``transportation credit'' falls into the category of services 
of marketwide benefit as described in Sec. 8c(5)(J)(iii) of the Act. 
Accordingly, a hearing must be held on this issue no later than 90 days 
after receipt of the proposal.
    Evidence also will be taken to determine whether emergency 
marketing conditions exist that would warrant omission of a recommended 
decision under the rules of practice and procedure (7 CFR 900.12(d)) 
with respect to Proposals 4 and 5.
    Actions under the Federal milk order program are subject to the 
Regulatory Flexibility Act (Pub. L. 96-354). This Act seeks to ensure 
that, within the statutory authority of a program, the regulatory and 
informational requirements are tailored to the size and nature of small 
businesses. For the purpose of the Act, a dairy farm is a ``small 
business'' if it has an annual gross revenue of less than $500,000, and 
a dairy products manufacturer is a ``small business'' if it has fewer 
than 500 employees. Most parties subject to a milk order are considered 
as a small business. Accordingly, interested parties are invited to 
present evidence on the probable regulatory and informational impact of 
the hearing proposals on small businesses. Also, parties may suggest 
modifications of these proposals for the purpose of tailoring their 
applicability to small businesses.
    The amendments to the rules proposed herein have been reviewed 
under Executive Order 12778, Civil Justice Reform. They are not 
intended to have a retroactive effect. If adopted, the proposed 
amendments would not preempt any state or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Agricultural Marketing Agreement Act provides that 
administrative proceedings must be exhausted before parties may file 
suit in court. Under section 8c(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 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.
    Interested parties who wish to introduce exhibits should provide 
the Presiding Officer at the hearing with 4 copies of such exhibits for 
the Official Record. Also, it would be helpful if additional copies are 
available for the use of other participants at the hearing.

List of Subjects in 7 CFR Parts 1005, 1006, 1007, 1011, 1012, 1013, and 
1046

    Milk marketing orders.

    The authority citation for 7 CFR Parts 1005, 1006, 1007, 1011, 
1012, 1013, and 1046 continues to read as follows:

    Authority: 7 U.S.C. 601-674.

    The proposed amendments, as set forth below, have not received the 
approval of the Secretary of Agriculture. Proposed by Arkansas Dairy 
Cooperative, Associated Milk Producers, Inc., Carolina-Virginia Milk 
Producers Association, Inc., Cooperative Milk Producers, Inc., Florida 
Dairy Farmers Association, Inc., Mid-America Dairymen, Inc., and Tampa 
Independent Dairy Farmers Association, Inc:
    Proposal No. 4: Amend 7 CFR Parts 1005, 1006, 1007, 1011, 1012, 
1013, and 1046 for the months of October 1995 through February 1996 by 
adding a paragraph to Section 60 of each order that would read as 
follows:


Sec. 10XX.60  Handler's value of milk for computing uniform price.

* * * * *
    (j) With respect to milk marketed on and after the effective date 
hereof through February 1996, subtract the amount obtained by 
multiplying the pounds of bulk fluid milk products that were 
transferred to the handler's pool plant from an other order plant and 
allocated to Class I milk, by a rate equal to 3.9 cents per 
hundredweight for each 10 miles or fraction thereof, less any positive 
difference between the Class I differential applicable at the 
transferee plant less the Class I differential applicable at the 
transferor plant.
    Proposal No. 5: Amend 7 CFR Parts 1005, 1006, 1007, 1011, 1012, 
1013, and 

[[Page 47497]]
1046 for the months of October 1995 through February 1996 by adding 20 
cents per hundredweight to the Class I price.

    Copies of this notice of hearing and the order regulating the 
aforesaid marketing areas may be procured from the Market 
Administrator, P.O. Box 1208, Norcross, GA 30091-1208 (Tel: 404/448-
1194), the Market Administrator, P.O. Box 18030, Louisville, KY 40261-
0030 (Tel: 502/499-0040) or from the Hearing Clerk, Room 1083, South 
Building, United States Department of Agriculture, Washington, DC 
20250, or may be inspected there.

    Copies of the transcript of testimony taken at the hearing will not 
be available for distribution through the Hearing Clerk's Office. If 
you wish to purchase a copy, arrangements may be made with the reporter 
at the hearing.

    From the time that a hearing notice is issued and until the 
issuance of a final decision in a proceeding, Department employees 
involved in the decision-making process are prohibited from discussing 
the merits of the hearing issues on an ex parte basis with any person 
having an interest in the proceeding. For this particular proceeding, 
the prohibition applies to employees in the Office of the Secretary of 
Agriculture; Office of the Administrator, Agricultural Marketing 
Service; Office of the General Counsel; Dairy Division, Agricultural 
Marketing Service (Washington office); and the Offices of the Market 
Administrators for the orders involved in this proceeding. Procedural 
matters are not subject to the above prohibition and may be discussed 
at any time.


    Dated: September 8, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-22829 Filed 9-12-95; 8:45 am]

BILLING CODE 3410-02-P