[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Rules and Regulations]
[Pages 11293-11294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6695]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1002

[DA-95-23B]


Milk in the New York-New Jersey Marketing Area; Final Rule: 
Termination of Certain Order Provisions and Removal of Certain 
Regulations of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule removes certain sections of the New York-New 
Jersey Federal milk marketing order (Order 2). Specifically, this 
document removes the requirements that certain changes to the market 
administrator's rules and regulations be published in the Federal 
Register. Additionally, this rule removes from the Annual Code of 
Federal Regulations the publication of two Order 2 sections containing 
the market administrator's rules and regulations concerning cooperative 
payments. This action is taken to reduce printing costs and to comply 
with the President's regulatory reform initiative.

EFFECTIVE DATE: March 20, 1996.

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: Prior documents in this proceeding: Interim 
Rule; Issued November 27, 1995; published December 4, 1995 (60 FR 
62018).
    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 action reduces 
the cost involved with publishing in the Federal Register and the 
annual Code of Federal Regulations rules and regulations that are 
printed and made available to interested parties by the market 
administrator.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. The rule is not intended to have a retroactive effect. 
The 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 order no longer 
effectuate the declared policy of the Act:

[[Page 11294]]

    1. In Sec. 1002.77(i)(1), the words: ``published in the Federal 
Register and''.
    2. In Sec. 1002.77(i)(3), the 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 annual 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).

Findings and Determinations

    This action terminates the provisions which require that in two 
particular situations the rules and regulations issued by the market 
administrator of the New York-New Jersey order (Order 2) be published 
in the Federal Register. Additionally, the two Order 2 subparts which 
contain the market administrator's rules and regulations related to 
cooperative payments will no longer be published in the annual Code of 
Federal Regulations.
    The market administrator will continue to issue any specific rules 
and 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, which must be approved by the Secretary, 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 in effect now 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 rulemaking 
process.
    The printing and procedural functions involving the implementation 
or revision of the rules and regulations concerning cooperative 
payments 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 is not 
necessary to replicate the market administrator's efforts by requiring 
that they 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 aforesaid 
provisions of the order as hereinafter set forth, it is hereby 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 that it is unnecessary to postpone the 
effective date of this action until 30 days after the publication of 
this document in the Federal Register because this action was 
previously taken on an interim basis in a document that was published 
in the Federal Register on December 4, 1995 (60 FR 62018). Interested 
parties had until January 3, 1996, to file their written comments to 
the interim action and no comments were received. This document 
concludes the proceeding.

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:

PART 1002--MILK IN THE NEW YORK-NEW JERSEY MARKETING AREA

    Accordingly, the interim final rule amending 7 CFR part 1002 which 
was published at 60 FR 62018 on December 4, 1995, is adopted as a final 
rule without change.
    Dated: March 13, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-6695 Filed 3-19-96; 8:45 am]
BILLING CODE 3410-02-P