[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] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices [[Page 16539]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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