[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Page 16539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8734]


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 Notices
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  Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / 
Notices  

[[Page 16539]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service
[DA-96-06]


Addendum to the Amplified Decision Regarding the Northeast 
Interstate Dairy Compact

AGENCY: Agricultural Marketing Service.

ACTION: Notice.

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SUMMARY: This document is an addendum to the March 20, 1997, notice 
announcing the Secretary of Agriculture's amplified decision concerning 
his finding of a compelling public interest in the Northeast Interstate 
Dairy Compact Region, and his authorization to implement the Compact. 
The addendum clarifies the Secretary's views regarding his authority to 
withdraw or revoke authorization. The Compact region consists of the 
States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island and Vermont.

EFFECTIVE DATE: March 20, 1997.

FOR FURTHER INFORMATION CONTACT: Richard M. McKee, Director, USDA/AMS/
Dairy Division, Room 2968, South Building, P.O. Box 96456, Washington, 
DC 20090-6456 (202) 720-4392.

PRIOR DOCUMENTS: Notice Requesting Comments on the Northeast Interstate 
Dairy Compact: Issued April 30, 1996; published May 3, 1996 (61 FR 
19904).
    Notice of Findings and Authority to Implement the Northeast 
Interstate Dairy Compact: Issued August 22, 1996; published August 28, 
1996 (61 FR 44290).
    Notice of Amplified Decision Regarding the Northeast Interstate 
Dairy Compact: Issued March 20, 1997; published March 28, 1997 (62 FR 
14879).

SUPPLEMENTARY INFORMATION: Section 147 of the 1996 Federal Agriculture 
Improvement and Reform Act (Act) (Pub. L. 104-127) establishes 
Congressional consent for the Northeast Interstate Dairy Compact (the 
Compact) entered into by the States of Connecticut, Maine, 
Massachusetts, New Hampshire, Rhode Island, and Vermont subject to 
several conditions. The Act provides that ``Based upon a finding by the 
Secretary of a compelling public interest in the Compact region, the 
Secretary may grant the States that have ratified the Northeast 
Interstate Dairy Compact, as of the date of enactment of this title, 
the authority to implement the Northeast Interstate Dairy Compact.'' On 
August 8, 1996, the Secretary issued a Finding of a compelling public 
interest and authorized the Northeast Interstate Dairy Compact.
    The Secretary on March 27, 1997, issued the following addendum to 
the March 20, 1997, amplified decision concerning his finding that a 
compelling public interest exists in the Compact Region:

Addendum to the Decision of Secretary Dan Glickman on the Northeast 
Interstate Dairy Compact

    On March 20, 1997, I found a compelling public interest in the 
Compact region and authorized implementation of the Northeast 
Interstate Dairy Compact. Questions have subsequently been raised 
regarding the discussion in that decision of the authority to 
withdraw or revoke this authorization. In consideration of those 
concerns, I am hereby clarifying my views with respect to that 
issue.
    As I observed earlier, implementation of the Compact is an 
ongoing process, and the presence of a compelling public interest 
depends on facts and circumstances that may change during 
implementation. I therefore concluded that the authority given to me 
by the Congress necessarily implies the authority to respond to such 
changes by modifying or withdrawing my authorization. In my view, 
therefore, the authority to respond to changing circumstances is 
inherent in, and, in that sense, essential to the authority 
conferred by the Congressional mandate.
    In attempting to articulate this conclusion, I may have 
inadvertently created the impression that it would have been 
impossible for me to authorize implementation in the absence of 
revocation authority. In fact, however, my finding of compelling 
public interest was based on a broad array of factors which I 
discussed in the March 20 decision. My finding of a compelling 
public interest was not contingent upon the existence of revocation 
authority. If it should be finally determined that I do not have 
revocation authority, and if I nonetheless determine that there is 
no longer a compelling public interest, I intend to use other 
authorities given to me by law to ensure that consumers and others 
in the Compact region are treated fairly, and I also intend to 
request the Congress to withdraw its consent.

    Dated: March 31, 1997.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 97-8734 Filed 4-4-97; 8:45 am]
BILLING CODE 3410-02-P