[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Rules and Regulations]
[Pages 62018-62019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29461]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1002
[DA-95-23B]
Milk in the New York-New Jersey Marketing Area; Interim Rule:
Termination of Certain Order Provisions and Removal of Certain
Regulations of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim Rule terminating certain provisions with request for
comments.
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SUMMARY: This document removes certain provisions of the New York-New
Jersey Federal milk marketing order (Order 2) and removes two subparts
of provisions issued thereunder from publication in the Code of Federal
Regulations. Specifically, this document terminates the requirement
that certain changes to the market administrator's rules and
regulations be published in the Federal Register. Additionally, this
document removes the publication of two Order 2 subparts containing the
market administrator's rules and regulations--Conduct of Hearings
Relating to Suspended Cooperative Payments, and Cooperative Payment
Rules and Regulations Approval of Tentative Amendment--from the annual
Code of Federal Regulations. Nevertheless, the provisions of the
subparts will continue to apply to the administration of the order and
will be maintained by the market administrator as separate documents.
This action is taken to reduce printing costs and to comply with the
President's regulatory reform initiative.
DATES: Effective: December 4, 1995. Comments are due on or before
January 3, 1996.
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.
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
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 these actions would not have a significant economic
impact on a substantial number of small entities. These actions would
reduce the cost involved with publishing in the Code of Federal
Regulations regulations that are available to the industry from the
market administrator. Furthermore, except for order provisions
concerning publication in the Federal Register, this action makes no
changes in the operation of the order or the provisions of the rules
and regulations issued thereunder.
The Department is issuing these interim rules in conformance with
Executive Order 12866.
These interim rules have been reviewed under Executive Order 12778,
Civil Justice Reform. They are not intended to have a retroactive
effect. These interim rules will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with the rules.
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.
Pursuant to the provisions of the Agricultural Marketing Agreement
Act, the following provisions of the order regulating the handling of
milk in the New York-New Jersey marketing area are terminated by this
interim rule:
1. In Sec. 1002.77(I)(1), the following words: ``published in the
Federal Register and''.
2. In Sec. 1002.77(I)(3), the following words: ``approval, and
shall be published in the Federal Register following such''.
In addition, the following provisions of the rules and regulations
issued under the order do not need to be published in the Code of
Federal Regulations:
3. Subpart--Conduct of Hearings Relating to Suspended Cooperative
Payments (Secs. 1002.300 through 1002.353).
4. Subpart--Cooperative Payment Rules and Regulations Approval of
Tentative Amendment (Secs. 1002.400 through 1002.444).
All persons who want to send written data, views, or arguments
about these interim actions 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 30th day
after the publication of this document in the Federal Register.
The comments that are received will be made available for public
inspection in the Dairy Division during normal business hours (7 CAR
1.27(b)).
Statement of Consideration
This interim rule terminates the requirement which provides that
certain rules and regulations issued by the market administrator of the
New York-New Jersey order (Order 2) be published in the Federal
Register after they have been approved by the Secretary. Additionally,
two Order 2 subparts, which contain the market administrator's rules
and regulations involving the conduct of hearings related to suspended
cooperative payments and cooperative payment rules and regulations,
would no longer be published in the annual Code of Federal Regulations.
The market administrator will continue to issue any specific rules
and
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regulations that are needed to effectuate the provisions of the order
regulating the handling of milk in the Order 2 marketing area. These
rules and regulations are, and will continue to be, issued to
facilitate the administration of the order and are updated as
necessary, published, and made available to interested parties.
Industry representatives may request a copy of the rules and
regulations from the market administrator at any time.
This action will not change the rules and regulations previously
issued by the Order 2 market administrator and now in effect to carry
out the regulatory provisions of the order. Order 2 establishes
specific procedures that must be followed by the market administrator
in revising the rules and regulations. It also sets forth methods
whereby interested parties are informed about proposals to change the
rules and regulations and how they may participate in the promulgation
process.
The printing and procedural functions involving the implementation
of rules and regulations for Order 2 are accomplished by the market
administrator in the performance of his duties. These matters are being
adequately performed by the Order 2 market administrator. Thus, it
should not be necessary to replicate the market administrator's efforts
by requiring that certain portions of the rules and regulations, all of
which must be approved by the Secretary, be published in the Federal
Register or that the Order 2 subparts containing the rules and
regulations be published in the Code of Federal Regulations each year.
Furthermore, this action is consistent with the President's regulatory
reform initiative.
Accordingly, with regard to the termination of the provisions of
the order as hereinafter set forth, it is found in accordance with the
Act that these provisions no longer tend to effectuate the declared
policy of the Act. 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 prior to
putting this rule in 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, except for order
provisions concerning publication in the Federal Register, this action
will not affect the operation or administration of the order or the
provisions issued thereunder.
Written comments are invited from interested parties concerning
this action.
List of Subjects in 7 CFR Part 1002
Milk marketing orders.
Order
For the reasons set forth in the preamble, 7 CFR part 1002 is
amended as follows:
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. 1002.77 [Amended]
2. In Sec. 1002.77, paragraph (i)(1), the words ``published in the
Federal Register and'' are removed.
3. In Sec. 1002.77, paragraph (i)(3), the words ``approval, and
shall be published in the Federal Register following such'' are
removed.
Secs. 1002.300-1002.353 [Removed]
4. In part 1002, Subpart--Conduct of Hearings Relating to Suspended
Cooperative Payments (Secs. 1002.300 through 1002.353) is removed.
Secs. 1002.400-1002-444 [Removed]
5. Subpart--Cooperative Payment Rules and Regulations Approval of
Tentative Amendment, Secs. 1002.400 through 1002.444 and their
undesignated centerheadings and the subpart heading are removed.
Dated: November 27, 1995.
Shirley R. Watkins,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-29461 Filed 12-1-95; 8:45 am]
BILLING CODE 3410-02-P