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.

Proposed Rules Federal Register

40068

Vol. 63, No. 143

Monday, July 27, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1079

[DA–98–07]

Milk in the Iowa Marketing Area;

Proposed Temporary Revision of Pool

Supply Plant Shipping Percentage

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed temporary revision of

rule.

SUMMARY: This document invites written

comments on a proposal to reduce the

percentage of a supply plant’s receipts

that must be delivered to fluid milk

plants to qualify a supply plant for

pooling under the Iowa Federal milk

order. The applicable percentage would

be decreased by 10 percentage points,

from 35 percent of plant receipts to 25

percent of such receipts for the months

of September through November 1998.

The action is requested by Beatrice

Cheese, Inc., a proprietary manufacturer

of dairy products in Fredericksburg,

Iowa. The proponent contends that the

action is needed to prevent uneconomic

milk movements.

DATES: Comments must be submitted on

or before August 26, 1998.

ADDRESSES: Comments (two copies)

should be sent to USDA/AMS/Dairy

Programs, Order Formulation Branch,

Room 2971, South Building, P.O. Box

96456, Washington, DC 20090–6456.

Advance, unofficial copies of such

comments may be faxed to (202) 690–

0552 or e-mailed to OFB—FMMO—

Comments@usda.gov. Reference should

be made to the title of action and docket

number.

FOR FURTHER INFORMATION CONTACT:

Constance M. Brenner, Marketing

Specialist, USDA/AMS/Dairy Programs,

Order Formulation Branch, Room 2971,

South Building, P.O. Box 96456,

Washington, DC 20090–6456 (202) 720–

2357, e-mail address:

connielmlbrenner@usda.gov.

SUPPLEMENTARY INFORMATION: The

Department is issuing this proposed rule

in conformance with Executive Order

12866.

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have a retroactive effect. If adopted,

this proposed rule will not preempt any

state or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with the 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 proposed rule will not have a

significant economic impact on a

substantial number of small entities. For

the purpose of the Regulatory Flexibility

Act, a dairy farm is considered a ‘‘small

business’’ if it has an annual gross

revenue of less than $500,000, and a

dairy products manufacturer is a ‘‘small

business’’ if it has fewer than 500

employees. For the purposes of

determining which dairy farms are

‘‘small businesses,’’ the $500,000 per

year criterion was used to establish a

production guideline of 326,000 pounds

per month. Although this guideline does

not factor in additional monies that may

be received by dairy producers, it

should be an inclusive standard for

most ‘‘small’’ dairy farmers. For

purposes of determining a handler’s

size, if the plant is part of a larger

company operating multiple plants that

collectively exceed the 500-employee

limit, the plant will be considered a

large business even if the local plant has

fewer than 500 employees.

For the month of March 1998, 3,768

dairy farmers were producers under the

Iowa Order. Of these, all but 68 would

be considered small businesses, having

under 326,000 pounds of production for

the month. Of the dairy farmers in the

small business category, 2,682 produced

under 100,000 pounds of milk, 876

produced between 100,000 and 200,000,

and 142 produced between 200,000 and

326,000 pounds during March 1998.

Generally, the reports filed on behalf

of the slightly more than 20 milk plants

pooled, or regulated, under the Iowa

Order in March 1998 were filed for

establishments that would meet the SBA

definition of a small business on an

individual basis, having less than 500

employees. However, all but four of the

milk handlers represented in the market

are part of larger businesses that operate

multiple plants at which their collective

size exceeds the SBA definition of a

small business entity.

Interested parties are invited to

submit comments on the probable

regulatory and informational impact of

this proposed rule on small entities.

Also, parties may suggest modifications

of this proposal for the purpose of

tailoring their applicability to small

businesses.

The reduction of the required supply

plant shipping percentage for the

months of September through November

1998 would allow the milk of producers

traditionally associated with the Iowa

market to continue to be pooled and

priced under the order. The revision

would lessen the likelihood that more

milk shipments to pool plants might be

required under the order than are

actually needed to supply the fluid milk

needs of the market and would result in

savings in hauling costs for handlers

and producers.

Notice of Proposed Revision and

Opportunity to File Comments

Notice is hereby given that, pursuant

to the provisions of the Agricultural

Marketing Agreement Act and the

provisions of § 1079.7(b)(1) of the Iowa

Federal milk order, the temporary

revision of certain provisions of the
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40069

order regulating the handling of milk in

the Iowa marketing area is being

considered for September 1, 1998,

through November 30, 1998.

All persons who desire to submit

written data, views or arguments about

the proposed revision should send two

copies of their views to USDA/AMS/

Dairy Programs, Order Formulation

Branch, Room 2971, South Building,

P.O. Box 96456, Washington, DC 20090–

6456 by the 30th day after publication

of this notice in the Federal Register.

The filing period is limited to 30 days

because a longer period would not

provide the time needed to complete the

required procedures and include

September in the temporary revision

period.

All written submissions made

pursuant to this notice will be made

available for public inspection in the

Dairy Programs offices during regular

business hours (7 CFR 1.27(b)).

Statement of Consideration

The provision proposed to be revised

is the percentage of a supply plant’s

receipts required to be shipped to pool

distributing plants pursuant to

§ 1079.7(b) of the Iowa Federal milk

marketing order (Order 79). As

proposed, the percentage of a supply

plant’s receipts that must be shipped to

pool distributing plants (fluid milk

plants) if the supply plant is to be

considered a pool plant would be

decreased by the maximum allowable

10 percentage points, from 35 percent to

25 percent for the period September 1,

1998, through November 30, 1998.

Section 1079.7(b)(1) of the Iowa milk

marketing order allows the Deputy

Administrator, Dairy Programs, to

reduce or increase a pool supply plant’s

minimum shipping requirement by up

to 10 percentage points to prevent

uneconomic milk shipments or to assure

an adequate supply of milk for fluid use.

Beatrice Cheese, Inc. (Beatrice), a

proprietary manufacturer of dairy

products in Fredericksburg, Iowa, is

regulated under Order 79 as a pool

supply plant. Beatrice requested that the

shipping percentage be reduced by 10

percentage points for the months of

September through November 1998. The

handler’s request states that this

decrease is warranted due to the fact

that current raw milk supplies available

for fluid use exceed the needs of the

fluid milk plants in Order 79. Beatrice

states that if the pool supply shipping

percentages remain unchanged, Beatrice

will be forced to move milk

uneconomically or unfairly depool some

milk produced by Iowa dairymen,

denying them participation in the Order

79 pool.

In view of the current supply and

demand relationship, it may be

necessary to decrease the shipping

percentage requirements for pool supply

plants to provide for the efficient and

economic marketing of milk during the

period September 1, 1998, through

November 30, 1998.

List of Subjects in 7 CFR Part 1079

Milk marketing orders.

The authority citation for 7 CFR part

1079 continues to read as follows:

Authority: 7 U.S.C. 601–674.

Dated: July 21, 1998.

Richard M. McKee,

Deputy Administrator, Dairy Programs.

[FR Doc. 98–19908 Filed 7–24–98; 8:45 am]

BILLING CODE 3410–02–P

NORTHEAST DAIRY COMPACT

COMMISSION

7 CFR Part 1301

Notice of Meeting

AGENCY: Northeast Dairy Compact

Commission.

ACTION: Notice of Meeting.

SUMMARY: The Compact Commission

will hold its monthly meeting to

consider whether to adopt as a Final

rule the Proposed Rule to amend the

current Compact Over-order Price

Regulation to exclude milk from the

pool which is either diverted or

transferred, in bulk, out of the Compact

regulated area. The Commission will

also consider whether to adopt as a

Final Rule the Proposed Rule to

establish a reserve fund for

reimbursement to school food

authorities. Matters relating to

administration and the price regulation

to include the reports and

recommendations of the Commission’s

standing Committees and action upon

the Proposed Amendments to the

Bylaws as noticed to the Commission at

the July 1, 1998 are also scheduled.

DATES: The meeting is scheduled for

Wednesday, August 5, 1998 to

commence at 10:00 a.m.

ADDRESSES: The meeting will be held at

the Holiday Inn, Capitol Room, 172

North Main Street, Concord, NH (exit 14

off I–93).

FOR FURTHER INFORMATION CONTACT:

Kenneth Becker, Executive Director,

Northeast Dairy Compact Commission,

43 State Street, PO Box 1058,

Montpelier, VT 05601. Telephone (802)

229–1941.

SUPPLEMENTARY INFORMATION: The

Compact Commission will hold its

monthly meeting to consider whether to

adopt as a Final rule the Proposed Rule

to amend the current Compact Overorder Price Regulation to exclude milk

from the pool which is either diverted

or transferred, in bulk, out of the

Compact regulated area. The proposal

will limit the payment of the compact

over-order producer price to milk

disposed of within the Compact

regulated area. The Commission will

also consider whether to adopt as a

Final Rule the Proposed Rule to

establish a reserve fund for

reimbursement to school food

authorities. The current Compact Overorder Price Regulation is codified at 7

CFR 1300 through 1308. The proposed

reserve fund is required to implement

the previously issued regulation

exempting certain milk sold by school

food authorities from the Over-order

Price Regulation. Matters relating to

administration and the price regulation

to include the reports and

recommendations of the Commission’s

standing Committees and action upon

the Proposed Amendments to the

Bylaws as noticed to the Commission at

the July 1, 1998, as required, are also

scheduled.

(Authority: (a) Article V, Section 11 of the

Northeast Interstate Dairy Compact, and 7

U.S.C. 7256.)

Kenneth Becker,

Executive Director.

[FR Doc. 98–19923 Filed 7–24–98; 8:45 am]

BILLING CODE 1650–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 20

[Docket No. 98N–0518]

Public Information; Communications

With State and Foreign Government

Officials

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule.

SUMMARY: The Food and Drug

Administration (FDA) is proposing to

amend its regulations governing

communications with State and foreign

government officials. The proposed rule

would permit FDA to disclose

confidential commercial information to

international organizations having

responsibility to facilitate global or

regional harmonization of standards and

requirements. These disclosures would,

in almost all instances, occur only with