[Federal Register Volume 65, Number 227 (Friday, November 24, 2000)]
[Rules and Regulations]
[Pages 70464-70465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29943]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1011

[DA-01-01]


Milk in the Tennessee Valley Marketing Area; Termination of the 
Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; termination order.

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SUMMARY: This document terminates the remaining administrative 
provisions of the Tennessee Valley Federal milk marketing order (Order 
1011). All of the monthly operating provisions of the order were 
terminated as of October 1, 1997.

EFFECTIVE DATE: November 27, 2000.

FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist, 
USDA/AMS/Dairy Programs, Order Formulation Branch, Room 2971, South 
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1932, 
[email protected].

SUPPLEMENTARY INFORMATION: The Department is issuing this rule in 
conformance with Executive Order 12866.
    This final rule 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.

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 has certified that this 
final rule will not have a significant economic impact on a substantial 
number of small entities because the Tennessee Valley milk order ceased 
operating as of October 1, 1997, and there are no handlers or dairy 
farmers that will be affected by the termination of its one remaining 
administrative provision.

Preliminary Statement

    This order of termination is issued pursuant to the provisions of 
the Agricultural Marketing Agreement Act, as amended (7 U.S.C. 601-
674), and of the order regulating the handling of milk in the Tennessee 
Valley marketing area.
    Notice of proposed rulemaking was published in the Federal Register 
on July 3, 1997 (62 FR 36022), concerning a proposed termination of the 
order. Interested persons were afforded opportunity to file written 
data, views and arguments thereon.
    In total, 11 comments were received, 3 supporting the termination, 
3 opposed to it, and 5 taking no position on the termination but 
offering comments on questions raised by the Department in the notice 
of proposed termination.
    After consideration of all relevant material, including the 
proposal in the notice, the comments received, and other available 
information, the Administrator of the Agricultural Marketing Service 
found and determined that the order regulating the handling of milk in 
the Tennessee Valley marketing area (7 CFR 1011) did not tend to 
effectuate the declared policy of the Act and terminated all of the 
operating provisions of the order on September 5, 1997, effective 
October 1, 1997 (62 FR 47923).

Statement of Consideration

    This rule terminates the last remaining provision of the Tennessee 
Valley Federal milk marketing order effective one day after publication 
of this final rule in the Federal Register.
    On May 12, 1997, the Department issued a partial final decision on 
proposed amendments to the Carolina, Southeast, Tennessee Valley, and 
Louisville-Lexington-Evansville milk orders (i.e., Orders 5, 7, 11, and 
46) which was published on May 20, 1997 (62 FR 27525). The final 
decision document contained proposed amended orders for the 4 southeast 
marketing areas, including the Tennessee Valley order, and directed the 
respective market administrators of the 4 orders to ascertain whether 
producers approved the issuance of the amended orders. The final 
decision concluded that amended orders were needed to effectuate the 
declared policy of the Act.
    Less than two-thirds of the producers whose milk is pooled in the 
Tennessee Valley marketing area approved the issuance of the proposed 
amended order. The Act requires approval by at least two-thirds of the 
producers before an amended order may be issued.
    Pursuant to the provisions of the Agricultural Marketing Agreement 
Act and of the order regulating the handling of milk in the Tennessee 
Valley marketing area, the operating provisions of the Tennessee Valley 
Federal milk order were terminated effective October 1, 1997. Notice of 
the termination was published in the Federal Register on September 12, 
1997 (62 FR 47923). Certain administrative provisions were left intact 
at that time so that the market administrator, in his capacity as the 
order's liquidating agent, could disburse all of the money remaining in 
the administrative, producer-settlement, and marketing service funds 
established under the order. These tasks having been completed, the 
remaining provisions of the order are unnecessary and may be removed 
immediately. Therefore, it is determined that the remaining provisions 
of Part 1011 no longer tend to effectuate the declared policy of the 
Act and are hereby terminated pursuant to provisions of 7 U.S.C. 
608(c)(16)(A).
    For the same reasons, it is hereby found and determined, upon good 
cause, that it is impracticable, unnecessary, and contrary to the 
public interest to give preliminary notice or engage in further 
rulemaking prior to putting this rule into effect and that good cause 
exists for not postponing the effective date of this rule until 30 days 
after publication in the Federal Register.

List of Subjects in 7 CFR Part 1011

    Milk marketing orders.

[[Page 70465]]

PART 1011--MILK IN THE TENNESSEE VALLEY MARKETING AREA [REMOVED AND 
RESERVED]

    For the reasons set forth in the preamble and under the authority 7 
U.S.C. 601-674, 7 CFR part 1011 is removed and reserved.

    Dated: November 15, 2000.
Richard M. McKee,
Deputy Administrator, Dairy Programs.
[FR Doc. 00-29943 Filed 11-22-00; 8:45 am]
BILLING CODE 3410-02-P