[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Pages 55179-55180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26792]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1099

[DA-95-27]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule terminates all but certain administrative provisions 
of the Paducah, Kentucky, Federal milk marketing order, effective upon 
publication in the Federal Register. The remaining provisions will be 
terminated at a later date. The termination is necessary because the 
terms and provisions of the order do not effectuate the declared policy 
of the Act.

EFFECTIVE DATE: November 1, 1995.

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 rule will 
not have a significant economic impact on a substantial number of small 
entities. The dairy farmers and regulated handlers that were subject to 
the Paducah, Kentucky, order are now subject to comparable regulatory 
provisions of the order regulating the handling of milk in the adjacent 
Southeast marketing area. Accordingly, the Paducah order is no longer 
needed.
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is not intended to have a retroactive 
effect. This rule 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 provisions 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 

[[Page 55180]]
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.
    This order of termination is issued pursuant to the provisions of 
the Agricultural Marketing Agreement Act and of the order regulating 
the handling of milk in the Paducah, Kentucky, marketing area.

Statement of Consideration

    This rule terminates all but certain administrative provisions of 
the Paducah, Kentucky, Federal milk marketing, order (Order 99), 
effective upon publication in the Federal Register.
    There currently are no handlers regulated under the Paducah, 
Kentucky, order. Turner Dairies, the one handler that was regulated 
under Order 99, recently became regulated under the Southeast order 
because of its sales into that marketing area. Producers who ship their 
milk to Turner's Fulton, Kentucky, plant now have their milk pooled 
under the adjacent Southeast Federal milk order.
    Since there are no plants left under the Paducah, Kentucky, order, 
the order should be terminated because the terms and provisions of the 
order no longer effectuate the declared policy of the Act.
    For good cause shown, this rule shall be effective on publication. 
Neither a comment period nor a 30-day effective date is provided since 
no interested party will be affected by this rule.

List of Subjects in 7 CFR Part 1099

    Milk marketing orders.

Order

    It is therefore ordered, That the terms and provisions of the 
order, as amended, regulating the handling of milk in the Paducah, 
Kentucky, marketing area (7 CFR Part 1099), except Sec. 1099.1, which 
incorporates the General Provisions in Part 1000, are hereby 
terminated, effective upon publication in the Federal Register.

PART 1099--MILK IN THE PADUCAH, KENTUCKY, MARKETING AREA

    1. The authority citation for 7 CFR Part 1099 continues to read as 
follows:

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


Secs. 1099.2 through 1099.86  [Removed]

    2. Sections 1099.2 through 1099.86 are removed, effective upon 
publication in the Federal Register.

    Dated: October 23, 1995.
Shirley R. Watkins,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-26792 Filed 10-27-95; 8:45 am]
BILLING CODE 3410-02-P