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

12907

Vol. 60, No. 46

Thursday, March 9, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1099

[DA–95–10]

Milk in the Paducah, Kentucky,

Marketing Area; Proposed Termination

of Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed termination of order.

SUMMARY: This document invites written

comments on the proposed termination

of the order regulating the handling of

milk in the Paducah, Kentucky,

marketing area. A proposed amended

Paducah, Kentucky, order failed to

receive the required two-thirds approval

in a recent producer referendum. Since

the Department has determined that the

provisions of the proposed amended

order are necessary to effectuate the

declared policy of the applicable

statutory authority, it is necessary to

consider terminating the present order.

DATES: Comments are due on or before

March 24, 1995.

ADDRESSES: Comments (two copies)

should be filed with the USDA/AMS/

Dairy Division, Order Formulation

Branch, Room 2971, South Building,

P.O. Box 96456, Washington, DC 20090–

6456.

FOR FURTHER INFORMATION CONTACT:

Gino M. Tosi, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090–6456 (202) 690–1366.

SUPPLEMENTARY INFORMATION: The

Regulatory Flexibility Act (5 U.S.C.

601–612) requires the Agency to

examine the impact of a proposed rule

on small entities. Pursuant to 5 U.S.C.

605(b), the Administrator of the

Agricultural Marketing Service has

certified that this proposed rule would

not have a significant economic impact

on a substantial number of small

entities. This rule would eliminate the

regulatory impact of the order on dairy

farmers and regulated handlers.

This proposed action has been

reviewed under Executive Order 12866.

This proposed termination order has

been reviewed under Executive Order

12778, Civil Justice Reform. This action

is not intended to have a retroactive

effect. If adopted, this proposed action

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

file with the Secretary a petition stating

that the order, any provisions of the

order, or any obligation imposed in

connection with the order is not in

accordance with law and request a

modification of an order or to be

exempted from the order. 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.

Notice is hereby given that, pursuant

to the provisions of the Agricultural

Marketing Agreement Act, the

termination of the order regulating the

handling of milk in the Paducah,

Kentucky, marketing area is being

considered.

All persons who want to send written

data, views, or arguments about the

proposed termination should send two

copies of them to the USDA/AMS/Dairy

Division, Order Formulation Branch,

Room 2971, South Building, P.O. Box

96456, Washington, DC 20090–6456, by

the 15th day after the publication of this

notice in the Federal Register. The

period for filing comments is limited to

15 days because a longer period would

not provide the time needed to complete

the required procedures before and

coordinate the termination with

amendatory action being taken on milk

orders for neighboring markets. The

comments that are received will be

made available for public inspection in

the Dairy Division during normal

business hours (7 CFR 1.27(b)).

Statement of Consideration

The proposed action would terminate

the order regulating the handling of

milk in the Paducah, Kentucky,

marketing area.

On December 2, 1994, the Department

issued a final decision on proposed

amendments to all Federal milk orders,

which was published December 14,

1994 (59 FR 64524). The final decision

document contained proposed amended

orders for all marketing areas, including

the Paducah order. The document also

included a referendum order for the

Paducah, Kentucky, market to ascertain

whether producers supplying that

market approve the issuance of the

proposed amended order. The final

decision concluded that amended

orders were needed to effectuate the

declared policy of the applicable

statutory authority.

The enabling statute requires that at

least two-thirds of the producers

(measured in terms of either number or

volume) voting in a referendum must

approve the issuance of a marketwide

pool order before it can be put into

effect. Only 37.8 percent of the voting

producers representing 59.8 percent of

the milk produced by the dairy farmers

who voted in the referendum approved

the issuance of the proposed amended

order for the Paducah, Kentucky,

marketing area. In these circumstances,

where it has been concluded that the

order should be amended to effectuate

the declared policy of the enabling

statute, and that the amended order was

not approved by producers, it appears

that continuation of the existing

Paducah, Kentucky, order would not be

in conformity with the applicable

statutory authority. Therefore, it is

necessary to consider terminating the

present order.

List of Subjects in 7 CFR Part 1099

Milk marketing orders.

The authority citation for 7 CFR Part

1099 continues to read as follows:

Authority: Secs. 1–19, 48 Stat. 31, as

amended; 7 U.S.C. 601–674.
12908 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Proposed Rules

Dated: March 3, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–5806 Filed 3–8–95; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Parts 1 and 3

[Docket No. 93–076–5]

RIN 0579–AA59

Animal Welfare; Marine Mammals

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of extension of comment

period.

SUMMARY: We are extending the

comment period for our proposed rule

regarding the establishment of standards

for ‘‘swim-with-the-dolphin’’ interactive

programs. This extension will provide

interested persons with additional time

to prepare comments on the proposed

rule.

DATES: Consideration will be given only

to comments on Docket No. 3–076–2

that are received on or before March 13,

1995.

ADDRESSES: Please send an original and

three copies of your comments to Chief,

Regulatory Analysis and Development,

PPD, APHIS, USDA, P.O. Drawer 810,

Riverdale, MD 20738. Please state that

your comments refer to Docket No. 93–

076–2. Comments received may be

inspected at USDA, room 1141, South

Building, 14th Street and Independence

Ave. SW., Washington, DC, between 8

a.m. and 4:30 p.m., Monday through

Friday, except holidays. Persons

wishing to inspect comments are

requested to call ahead on (202) 690–

2817 to facilitate entry into the

comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Barbara Kohn, Senior Staff Veterinarian,

Animal Care Staff, Regulatory

Enforcement and Animal Care, APHIS,

USDA, P.O. Drawer 810, Riverdale, MD

20738, (301) 734–8699.

SUPPLEMENTARY INFORMATION: On

January 23, 1995, we published in the

Federal Register (60 FR 4383–4389,

Docket No. 93–076–2) a proposal to

amend the Animal Welfare regulations

to establish standards for ‘‘swim-withthe-dolphin’’ interactive programs.

Comments regarding the proposed

rule were required to be received on or

before February 22, 1995. During the

comment period, we received a request

that we extend the comment period

beyond February 22. The requestor, a

marine mammal industry association,

stated that additional time was

necessary to allow its members to meet

and to formulate comments.

In response to this request, on

February 28, 1995, we published a

notice in the Federal Register (60 FR

10810, Docket No. 93–076–4), reopening

and extending the comment period for

Docket No. 93–076–2 through March 9,

1995. However, the March 9 date was an

error. We had intended to extend the

comment period through March 13,

1995. Therefore, in this notice, we are

extending the comment period for

Docket No. 93–076–2 through March 13,

1995. This will allow time for the

requestor and other interested persons

to develop comments on the proposed

rule.

Authority: 7 U.S.C. 2131–2159; 7 CFR 2.17,

2.51, and 371.2(g).

Done in Washington, DC, this 6th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–5807 Filed 3–8–95; 8:45 am]

BILLING CODE 3410–34–P