[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
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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