[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Proposed Rules]
[Pages 39092-39095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18435]


 ========================================================================
 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. 64, No. 139 / Wednesday, July 21, 1999 / 
Proposed Rules  

[[Page 39092]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1000, 1001, 1002, 1004, 1005, 1006, 1007, 1012, 1013, 
1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 1050, 1064, 1065, 
1068, 1076, 1079, 1106, 1124, 1126, 1131, 1134, 1135, 1137, 1138, 
and 1139

[DA-97-12]


Milk in the New England and Other Marketing Areas; Notice of 
Referenda; Determination of Representative Periods and Designation of 
Referendum Agents

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of referenda.

------------------------------------------------------------------------
              7 CFR part                         Marketing area
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1000..................................  General Provisions of Federal
                                         Milk Marketing Orders.
1001..................................  New England.
1002..................................  New York-New Jersey.
1004..................................  Middle Atlantic.
1005..................................  Carolina.
1006..................................  Upper Florida.
1007..................................  Southeast.
1012..................................  Tampa Bay.
1013..................................  Southeastern Florida.
1030..................................  Chicago Regional.
1032..................................  Southern Illinois-Eastern
                                         Missouri.
1033..................................  Ohio Valley.
1036..................................  Eastern Ohio-Western
                                         Pennsylvania.
1040..................................  Southern Michigan.
1044..................................  Michigan Upper Peninsula.
1046..................................  Louisville-Lexington-Evansville.
1049..................................  Indiana.
1050..................................  Central Illinois.
1064..................................  Greater Kansas City.
1065..................................  Nebraska-Western Iowa.
1068..................................  Upper Midwest.
1076..................................  Eastern South Dakota.
1079..................................  Iowa.
1106..................................  Southwest Plains.
1124..................................  Pacific Northwest.
1126..................................  Texas.
1131..................................  Central Arizona.
1134..................................  Western Colorado.
1135..................................  Southwestern Idaho-Eastern
                                         Oregon.
1137..................................  Eastern Colorado.
1138..................................  New Mexico-West Texas.
1139..................................  Great Basin.
------------------------------------------------------------------------

SUMMARY: This document announces that referenda will be conducted to 
determine whether producers favor issuance of the orders regulating the 
handling of milk in the 11 consolidated marketing areas formed from the 
current 31 Federal milk marketing orders pursuant to Section 143 of the 
Federal Agriculture Improvement and Reform Act of 1996 (Farm Bill), 7 
U.S.C. 7253. The 31 current Federal milk order marketing areas are 
merged and, in some cases, expanded and/or divided, to create 11 order 
areas, and the provisions of the Federal milk marketing orders 
regulating the handling of milk in the merged areas are set forth in 
the final decision issued by the Under Secretary on March 12, 1999 (64 
FR 16026), as corrected by a document issued by the Administrator, 
Agricultural Marketing Service, on July 8, 1999 (64 FR 37892).

DATES: Each referendum is to be completed on or before 60 days after 
the issuance of this order.

FOR FURTHER INFORMATION CONTACT: John F. Borovies, Branch Chief, USDA/
AMS/Dairy Programs, Order Formulation Branch, Room 2968 South Building, 
P.O. Box 96456, Washington, DC 20090-6456, (202) 720-6274, e-mail 
address John.B[email protected].

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding:
    Proposed Rule: Issued January 21, 1998; published January 30, 1998 
(63 FR 4802).
    Correction: Issued February 19, 1998; published February 25, 1998 
(63 FR 9686).
    Extension of Time: Issued March 10, 1998; published March 13, 1998 
(63 FR 12417).
    Final Decision on Proposed Amendments: Issued March 12, 1999; 
published April 2, 1999 (64 FR 16026).
    Correction: Issued July 8, 1999; published July 14, 1999 (64 FR 
37892).
    On March 12, 1999, the Under Secretary, Marketing and Regulatory 
Programs, issued a final decision on the proposed consolidation of 
Federal milk marketing areas and amendments to the consolidated Federal 
milk orders, as required by Section 143 of the Federal Agriculture 
Improvement and Reform Act of 1996 (Farm Bill), 7 U.S.C. 7253. Each of 
the consolidated orders, as corrected by a document issued July 8, 1999 
(64 FR 37892), must be approved by the producers whose milk would be 
pooled under the order.
    In addition to announcing that referenda will be conducted to 
determine producer approval of the consolidated orders, this notice 
contains a referendum order for each of the consolidated milk marketing 
orders, as merged and amended, pursuant to the requirements of the 
Agricultural Marketing Agreement Act of 1937. For each of the 
consolidated orders, at least two-thirds of the producers defined under 
the order, or such producers who produced at least two-thirds of the 
total milk produced under the order, during the representative period 
must approve the order before it becomes effective.

Referendum Orders To Determine Producer Approval; Determination of 
Representative Period(s); and Designation of Referendum Agents

Northeast

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Northeast marketing area, which amends and merges the orders, as 
amended, regulating the handling of milk in the New England, New York-
New Jersey and Middle Atlantic marketing areas, and adds contiguous 
unregulated areas of Massachusetts, New Hampshire, and northern New 
York and Vermont, is approved or favored by producers as defined under 
the terms of the Northeast order as contained in the decision issued on 
March 12, 1999 (64 FR 16016), who during the representative period were 
engaged in the production of milk for sale within the marketing area 
defined in the merged Northeast order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    Erik F. Rasmussen is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.)

[[Page 39093]]

Appalachian

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Appalachian marketing area, which amends and merges the orders, as 
amended, regulating the handling of milk in the Carolina and 
Louisville-Lexington-Evansville marketing areas, and adds the marketing 
area of the former Tennessee Valley order and 21 currently-unregulated 
counties in Indiana and Kentucky, is approved or favored by producers 
as defined under the terms of the Appalachian order as contained in the 
decision issued on March 12, 1999 (64 FR 16016), who during the 
representative period were engaged in the production of milk for sale 
within the marketing area defined in the merged Appalachian order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    Arnold M. Stallings is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Florida

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Florida marketing area, which amends and merges the orders, as 
amended, regulating the handling of milk in the Upper Florida, Tampa 
Bay and Southeastern Florida marketing areas, is approved or favored by 
producers as defined under the terms of the Florida order as contained 
in the decision issued on March 12, 1999 (64 FR 16016), who during the 
representative period were engaged in the production of milk for sale 
within the marketing area defined in the merged Florida order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    Sue L. Mosley is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Southeast

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the consolidated Southeast marketing area is approved or favored by 
producers, as defined under the terms of the Southeast order as 
contained in the decision issued on March 12, 1999 (64 FR 16016), who 
during the representative period were engaged in the production of milk 
for sale within the marketing area defined in the consolidated 
Southeast order. The proposed Southeast order amends and combines the 
order, as amended, regulating the handling of milk in the current 
Southeast marketing area with 1 county from the current Louisville-
Lexington-Evansville order area, 11 northwest Arkansas counties and 22 
southern Missouri counties that currently are part of the Southwest 
Plains order area, and 6 Missouri counties that currently are part of 
the Southern Illinois-Eastern Missouri order area. In addition, 36 
currently-unregulated Missouri and Kentucky counties are included in 
the proposed Southeast order area.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    Sue L. Mosley is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Mideast

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Mideast marketing area, which amends and merges the orders, as 
amended, regulating the handling of milk in the Ohio Valley, Eastern 
Ohio-Western Pennsylvania, Southern Michigan and Indiana Federal milk 
marketing areas, and adds the area designated as Zone 2 of the current 
Michigan Upper Peninsula milk order and most currently-unregulated 
counties in Michigan, Indiana and Ohio, is approved or favored by 
producers as defined under the terms of the Mideast order as contained 
in the decision issued on March 12, 1999 (64 FR 16016), who during the 
representative period were engaged in the production of milk for sale 
within the marketing area defined in the merged Mideast order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    Marvin A. Baumer is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Upper Midwest

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Upper Midwest marketing area, which amends and merges the orders, 
as amended, regulating the handling of milk in the current Upper 
Midwest and Chicago Regional Federal milk marketing areas, and adds the 
areas designated as Zones I and I(a) of the Michigan Upper Peninsula 
Federal order area and unregulated portions of Wisconsin, is approved 
or favored by producers as defined under the terms of the Upper Midwest 
order as contained in the decision issued on March 12, 1999 (64 FR 
16016), who during the representative period were engaged in the 
production of milk for sale within the marketing area defined in the 
merged Upper Midwest order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    H. Paul Kyburz is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Central

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Central marketing area, which amends and merges the orders, as 
amended, regulating the handling of milk in the current Southern 
Illinois-Eastern Missouri, Central Illinois, Greater Kansas City, 
Southwest Plains (except for the portions included in the consolidated 
Southeast order area), Western Colorado, Eastern Colorado, Nebraska-
Western Iowa, Eastern South Dakota, and Iowa Federal milk order 
marketing areas, with the addition of 69 currently-unregulated counties 
in Kansas, Missouri, Illinois, Iowa, Nebraska and Colorado, is approved 
or favored by producers as defined under the terms of the Central order 
as contained in the decision issued on March 12, 1999 (64 FR 16016), 
who during the representative period were engaged in the production of 
milk for sale within the marketing area defined in the merged Central 
order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    Donald R. Nicholson is hereby designated agent of the Secretary to 
conduct such referendum in accordance

[[Page 39094]]

with the procedure for the conduct of referenda (7 CFR 900.300 et 
seq.).

Southwest

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Southwest marketing area, which amends and merges the orders, as 
amended, regulating the handling of milk in the current Texas and New 
Mexico-West Texas Federal milk order marketing areas, with the addition 
of 49 currently-unregulated Texas counties, is approved or favored by 
producers as defined under the terms of the Southwest order as 
contained in the decision issued on March 12, 1999 (64 FR 16016), who 
during the representative period were engaged in the production of milk 
for sale within the marketing area defined in the merged Southwest 
order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    J. Richard Fleming is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Arizona-Las Vegas

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Arizona-Las Vegas marketing area, which amends and merges the 
current Central Arizona order, as amended, regulating the handling of 
milk in that marketing area, with the Clark County, Nevada, portion of 
the current Great Basin marketing area and adds 8 currently-unregulated 
Arizona counties, is approved or favored by producers as defined under 
the terms of the Arizona-Las Vegas order as contained in the decision 
issued on March 12, 1999 (64 FR 16016), who during the representative 
period were engaged in the production of milk for sale within the 
marketing area defined in the Arizona-Las Vegas order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    James R. Daugherty is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Western

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Western marketing area, which amends and merges the current Great 
Basin and Southwestern Idaho-Eastern Oregon orders, as amended, minus 
the Clark County, Nevada, portion of the current Great Basin marketing 
area, is approved or favored by producers as defined under the terms of 
the Western order as contained in the decision issued on March 12, 1999 
(64 FR 16016), who during the representative period were engaged in the 
production of milk for sale within the marketing area defined in the 
Western order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    James R. Daugherty is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Pacific Northwest

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Pacific Northwest marketing area, as amended, with the addition of 
one currently-unregulated Oregon county, is approved or favored by 
producers as defined under the terms of the Pacific Northwest order as 
contained in the decision issued on March 12, 1999 (64 FR 16016), who 
during the representative period were engaged in the production of milk 
for sale within the marketing area defined in the Pacific Northwest 
order.
    The month of March 1999 is hereby determined to be the 
representative period for the conduct of such referendum.
    James R. Daugherty is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedure for the 
conduct of referenda (7 CFR 900.300 et seq.).

Marketing Agreement and Order

    Annexed hereto and made a part hereof is a Marketing Agreement 
regulating the handling of milk in the aforesaid marketing areas, which 
has been decided upon as the detailed and appropriate means of 
effectuating the conclusions reached in the final decision issued March 
12, 1999 (64 FR 16026), as corrected in the document issued July 8, 
1999 (64 FR 37892). It is hereby ordered that the Marketing Agreement 
annexed hereto be published in the Federal Register.
    The Order amending the orders regulating the handling of milk in 
the 11 consolidated marketing areas was proposed as the detailed and 
appropriate means by which the conclusions of the final decision may be 
carried out, and was published in the final decision issued March 12, 
1999 (64 FR 16026), as corrected in the document issued July 8, 1999 
(64 FR 37892). This referendum order provides for producer approval of 
the provisions of the marketing orders for the 11 consolidated areas.

List of Subjects in 7 CFR Parts 1000, 1001, 1002, 1004, 1005, 1006, 
1007, 1012, 1013, 1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 
1050, 1064, 1065, 1068, 1076, 1079, 1106, 1124, 1126, 1131, 1134, 
1135, 1137, 1138, and 1139

    Milk marketing orders.

    Authority: 7 U.S.C. 601-674.

    Dated: July 14, 1999.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.

Marketing Agreement Regulating the Handling of Milk in Certain 
Specified Marketing Areas

    The parties hereto, in order to effectuate the declared policy 
of the Act, and in accordance with the rules of practice and 
procedure effective thereunder (7 CFR Part 900), desire to enter 
into this marketing agreement and do hereby agree that the 
provisions referred to in paragraph I hereof as augmented by the 
provisions specified in paragraph II hereof, shall be and are the 
provisions of this marketing agreement as if set out in full herein.
    I. The findings and determinations, order relative to handling, 
and the provisions of Secs. ________\1\ to ________, all inclusive, 
of the order regulating the handling of milk in the said marketing 
areas (7 CFR PART ________\2\) which was issued March 12, 1999 (64 
FR 16026) and corrected in a document issued June ____, 1999 (64 FR 
________); and
---------------------------------------------------------------------------

    \1\ First and last sections of order.
    \2\ Appropriate Part number.
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    II. The following provisions:
    Sec. ________3. Record of milk handled and 
authorization to correct typographical errors.
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    \3\ Next consecutive section number.
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    (a) Record of milk handled. The undersigned certifies that he/
she handled during the month of March 1999, ________ hundredweight 
of milk covered by this marketing agreement.
    (b) Authorization to correct typographical errors. The 
undersigned hereby authorizes the Deputy Administrator, or Acting 
Deputy Administrator, Dairy Programs, Agricultural Marketing 
Service, to correct any typographical errors which may have been 
made in this marketing agreement.
    Sec. ________\3\. Effective date. This marketing agreement shall 
become effective upon the execution of a counterpart hereof by the 
Secretary in accordance with Section 900.14(a) of the aforesaid 
rules of practice and procedure.

[[Page 39095]]

    In Witness Whereof, The contracting handlers, acting under the 
provisions of the Act, for the purposes and subject to the 
limitations herein contained and not otherwise, have hereunto set 
their respective hands and seals.

Signature
By (Name)--------------------------------------------------------------
(Title)----------------------------------------------------------------
(Address)--------------------------------------------------------------

(Seal)
Attest

[FR Doc. 99-18435 Filed 7-19-99; 8:45 am]
BILLING CODE 3410-02-P