[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Page 67927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32851]



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  Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / 
Rules and Regulations  

[[Page 67927]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1075

[DA-96-12]


Milk in the Black Hills, South Dakota, Marketing Area; 
termination of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; Termination order.

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SUMMARY: This rule terminates the remaining administrative provisions 
of the Black Hills, South Dakota, Federal milk marketing order (Order 
75), effective December 31, 1996. All of the monthly operating 
provisions were terminated as of October 1, 1996. Termination of this 
order was requested by Black Hills Milk Producers, a cooperative 
association that represents all of the producers whose milk is pooled 
under the order.

EFFECTIVE DATE: December 31,1996.

FOR FURTHER INFORMATION CONTACT: Constance M. Brenner, Marketing 
Specialist, USDA/AMS/Dairy Division, Order Formulation Branch, Room 
2971, South Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 
720-2357; e-mail address, [email protected].

SUPPLEMENTARY INFORMATION: Prior document in this proceeding: 
Termination Order: Issued August 30, 1996; published September 6, 1996 
(61 FR 47038).
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    This termination order has been reviewed under Executive Order 
12988, 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 request 
modification or exemption from such order by filing 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 the law. 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 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 Black Hills, South Dakota, marketing area.

Small Business Consideration

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the Agricultural Marketing Service has considered the economic 
impact of this action on small entities and prepared an analysis which 
was included in the Black Hills, South Dakota, termination order 
published September 6, 1996 (61 FR 47038). This action merely 
terminates the administrative provisions that were embodied, by 
reference, in Sec. 1075.1 of the order. The market administrator, in 
his capacity as the orders liquidating agent, has completed the 
disbursement of all of the money remaining in the administrative, 
producer-settlement, and marketing service funds established under the 
order. Accordingly, the remaining provisions of the order are 
terminated.

Statement of Consideration

    This rule terminates the remaining administrative provisions of the 
Black Hills, South Dakota, Federal milk order. Termination is favored 
by a majority of the producers engaged in the production of milk for 
sale in the marketing area in the representative period, determined to 
be June 1996, and such producers produced more than 50 percent of the 
milk produced for sale in the Black Hills, South Dakota, milk marketing 
area in such representative period. Section 608(c)(16)(B) of the 
Agricultural Marketing Agreement Act of 1937, as amended, requires that 
if a majority of the producers engaged in the production of milk for 
sale in the marketing area in a representative period determined by the 
Secretary favor termination of the order, and such producers produced 
more than 50 percent of the milk produced for sale in the marketing 
area in the representative period, that such order shall be terminated. 
Therefore, the provisions of the order, as amended, were terminated 
effective October 1, 1996 subject to specific exceptions. The 
termination order left intact certain administrative provisions that 
were embodied, by reference, in Sec. 1075.1 of the order.
    The market administrator, in his capacity as the order's 
liquidating agent, has completed the disbursement of all of the money 
remaining in the administrative, producer-settlement, and marketing 
service funds established under the order. Hence, the remaining 
provisions of the order should be terminated.
    Therefore, the aforesaid provisions of Sec. 1075.1 of the order are 
hereby terminated.
    For good cause shown, this rule shall be effective December 31, 
1996. Neither a comment period nor a 30-day effective date is provided 
in that all other provisions of the order were terminated effective 
October 1, 1996, and no parties are affected by this action.

List of Subjects in 7 CFR Part 1075

    Milk marketing orders.

PART 1075-MILK IN THE BLACK HILLS, SOUTH DAKOTA MARKETING AREA--
[REMOVED]

    For the reasons set forth in the preamble and under the authority 
of 7 U.S.C. 601-674, 7 CFR part 1075 is removed.

    Dated: December 19, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-32851 Filed 12-24-96; 8:45 am]
BILLING CODE 3410-02-P