[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Rules and Regulations]
[Pages 62017-62018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29460]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 60, No. 232 / Monday, December 4, 1995 /
Rules and Regulations
[[Page 62017]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1002
[DA-95-23A]
Milk in the New York-New Jersey Marketing Area; Removal of
Certain Regulations Under the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This document removes certain provisions in the regulations
issued under the New York-New Jersey Federal milk marketing order
(Order 2) from publication in the Code of Federal Regulations.
Specifically, this action removes the Order 2 subparts that contain the
market administrator's Classification and Accounting Rules and
Regulations, and the Determination and Public Announcement of Freight
Zones. The market administrator will continue to maintain these
provisions as separate documents. This action is taken to reduce
printing costs and to comply with the President's regulatory reform
initiative.
EFFECTIVE DATE: December 4, 1995.
FOR FURTHER INFORMATION CONTACT: Gino 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: This regulatory action is being taken as
part of the National Performance Review program to eliminate
unnecessary regulations and improve those that remain in force.
The Department is issuing this rule in conformance with Executive
Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires the
Agency to examine the impact of a 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. This rule reduces the
cost involved with publishing in the Code of Federal Regulations a
publication that is already made publicly available. Furthermore, this
action makes no changes to the operation of the order or the provision
of the rules and regulations issued thereunder.
This 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 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 provision 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.
This rule is issued pursuant to the provisions of the Agricultural
Marketing Agreement Act and of the order regulating the handling of
milk in the New York-New Jersey marketing area. It is hereby found and
determined that the following provisions of the regulations issued
under the order do not need to be published in the Code of Federal
Regulations:
1. Subpart--Classification and Accounting Rules and Regulations
(Secs. 1002.100 through 1002.260).
2. Subpart--Determination and Public Announcement of Freight Zones
(Secs. 1002.500 and 1002.501).
Findings and Determinations
This action removes the aforementioned subparts issued by the
market administrator of the New York-New Jersey order (Order 2) from
publication in annual Code of Federal Regulations.
The market administrator will continue to promulgate and maintain
classification and accounting rules and regulations and to determine
and publicly announce freight zones pursuant to the provisions of the
order and subject to the approval of the Secretary. The market
administrator will also continue to publish these documents and make
them available upon request from any interested party. Industry
representatives may request a copy of these documents from the market
administrator at any time.
The publication of the aforementioned subparts for Order 2 is
furnished to the industry by the market administrator in the
performance of his duties. The provisions of these subparts are issued
and administered by the Order 2 market administrator as specified in
Sec. 1002.46 and Sec. 1002.52 of the order. Thus, it is not necessary
to replicate the administrator's efforts in this regard by publishing
these subparts in the Code of Federal Regulations. Furthermore, this
removal action is consistent with the President's regulatory reform
initiative.
Pursuant to 5 U.S.C. 553, it is hereby found and determined, upon
good cause, that it is impracticable, unnecessary and contrary to the
public interest to give preliminary notice or to engage in further
public procedure prior to putting this rule into effect, and that good
cause exists for not postponing the effective date of this action until
30 days after publication in the Federal Register because the removal
of these subparts will not affect the operation or administration of
the order or the provisions issued thereunder.
List of Subjects in 7 CFR Part 1002
Milk marketing orders.
For the reasons set forth in the preamble, 7 CFR Part 1002 is
amended as follows:
[[Page 62018]]
PART 1002--MILK IN NEW YORK-NEW JERSEY MARKETING AREA
1. The authority citation for 7 CFR Part 1002 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 1002.100-1002.260 [Removed]
2. In part 1002, Subpart--Classification and Accounting Rules and
Regulations, Secs. 1002.100 through 1002.260 and their undesignated
centerheadings and the subpart heading are removed.
Sec. 1002.500-1002.501 [Removed]
3. In part 1002, Subpart--Determination and Public Announcement of
Freight Zones, Secs. 1002.500 through 1002.501, and their subpart
heading are removed.
Dated: November 27, 1995.
Shirley R. Watkins,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-29460 Filed 12-1-95; 8:45 am]
BILLING CODE 3410-02-P