[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Proposed Rules]
[Pages 65226-65227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32400]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 62, No. 238 / Thursday, December 11, 1997 / 
Proposed Rules  

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NORTHEAST DAIRY COMPACT COMMISSION

7 CFR Part 1301


Notice of Proposed Rulemaking; Over-Order Price Regulations

AGENCY: Northeast Dairy Compact Commission.

SUMMARY: The Northeast Dairy Compact Commission proposes to amend the 
current Compact Over-order Price Regulation, to exempt from the 
regulation fluid milk distributed by handlers during the 1998-1999 
contract year under open competitive bid contracts with School Food 
Authorities in New England for Child Nutrition Programs qualified for 
reimbursement under the National School Lunch Act of 1946 and the Child 
Nutrition Act. Representatives of New England School Food Authorities 
and Food Services Programs have indicated to the Commission that the 
Regulation has had an adverse financial impact on their programs that 
will ultimately be born by school children. The proposal to exempt milk 
distributed to School Lunch Programs will avoid any increase in price 
to children due to the regulation for milk provided by School Food 
Service Programs.

DATES: Written comments and exhibits may be submitted until 5:00 PM, 
January 12, 1998. A public hearing to take testimony and receive 
documentary evidence relevant to amending Sec. 1301.13 will be held on 
December 29, 1997 at 10:00 AM.

ADDRESSES: Send comments to the Northeast Dairy Compact Commission, 43 
State Street. P.O. Box 1058, Montpelier, VT 05601.
    The hearing will be held at the Ramada Rolling Green Hotel and 
Conference Center, 311 Lowell St., Andover, Massachusetts.

FOR FURTHER INFORMATION CONTACT: Daniel Smith, Executive Director, 
Northeast Dairy Compact Commission at the above address or by telephone 
at (802) 229-1941 or by facsimile at (802) 229-2028.

SUPPLEMENTARY INFORMATION:

I. Background

    The Northeast Dairy Compact Commission (the ``Commission'') was 
established under authority of the Northeast Interstate Dairy Compact 
(the ``Compact''). The Compact was enacted into law by each of the six 
participating New England states as follows: Connecticut--Public Law 
93-320; Maine--Public Law 89-437, as amended, Public Law 93-274; 
Massachusetts--Public Law 93-370; New Hampshire--Public Law 93-336; 
Rhode Island--Public Law 93-106; Vermont--Public Law 89-95, as amended 
93-57. In accordance with Article I, Section 10 of the United States 
Constitution, Congress consented to the Compact in Public Law 104-127 
(FAIR Act), Section 147, codified at 7 U.S.C. 7156. Subsequently, the 
United States Secretary of Agriculture, pursuant to 7 U.S.C. 7256(1), 
authorized the implementation of the Compact.
    Pursuant to its authority under Article V, Section 11 of the 
Compact, the Commission conducted an informal rulemaking proceeding to 
adopt a Compact Over-order Price Regulation. See 62 FR 29626 (May 30, 
1997). The Commission amended and extended the Compact Over-order Price 
Regulation on October 23, 1997. See 62 FR 62810 (November 25, 1997).
    Pursuant to Article V, Section 11, the Commission is proposing to 
amend the current Compact Over-order Price Regulation to exempt from 
the regulation fluid milk distributed by handlers under open and 
competitive bid contracts for the 1998-1999 contract year with School 
Food Authorities in New England for Child Nutrition Programs qualified 
for reimbursement under the National School Lunch Act of 1946 and the 
Child Nutrition Act of 1966. The current Compact Over-order Price 
Regulation is codified at 7 CFR 1300 through 1308.1. The Commission 
submits as its proposed rule for purposes of public review and comment 
a new paragraph (e) to be added to 7 CFR 1301.13 Exempt milk.

II. Date, Time and Location of the Public Hearing

    The Northeast Dairy Compact Commission will hold a public hearing 
at 10:00 AM on December 29, 1997 at the Ramada Rolling Green Hotel and 
Conference Center, 311 Lowell Street, Andover, Massachusetts.

III. Request for Written Comments

    Pursuant to Article VI (D) of the Commission's Bylaws, any person 
may participate in the rulemaking proceeding independent of the hearing 
process by submitting written comments and exhibits to the Commission. 
Comments and exhibits may be submitted at any time until 5:00 PM, 
January 12, 1998. Comments and exhibits will be made part of the record 
of the rulemaking proceeding only if they identify the author's name, 
address and occupation, and if they include a sworn notarized statement 
indicating that the comment and/or exhibit is presented based upon the 
author's personal knowledge and belief. Facsimile copies will be 
accepted up until the 5:00 PM, January 12, 1998 deadline but the 
original copies must then be sent by ordinary mail.
    Comments and exhibits should be sent to: Northeast Dairy Compact 
Commission, 43 State Street, P.O. Box 1058, Montpelier, VT 05601, (802) 
229-2028 (fax).
    For more information, contact a New England state department of 
agriculture or the Compact Commission offices--(802) 229-1941.

    Dated December 8, 1997.

List of Subjects in 7 CFR Part 1301

    Milk.

    By authority of the Commission.

    For the Commission.
Daniel Smith,
Executive Director.

    For the reasons set forth in the preamble, the Commission proposes 
to amend 7 CFR part 1301 as follows:

PART 1301--[AMENDED]

    1. The authority for part 1301 continues to read as follows:

    Authority: 7 U.S.C. 7256.

    2. Section 1301.13 is amended by adding paragraph (e) to read as 
follows:


Sec. 1301.13  Exempt milk.

* * * * *
    (e) Effective April 1, 1998, all fluid milk distributed by handlers 
in eight ounce containers under open and

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competitive bid contracts for the 1998-1999 contract year with School 
Food Authorities in New England, as defined by 7 CFR 210.2, for Child 
Nutrition Programs qualified for reimbursement under the National 
School Lunch Act of 1946, as amended, 42 U.S.C. 1751 et. seq., and the 
Child Nutrition Act of 1966, as amended, 42 U.S.C. 1773 et. seq.
* * * * *
[FR Doc. 97-32400 Filed 12-10-97; 8:45 am]
BILLING CODE 1650-01-U