15262 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 360

Imports, Plants (Agriculture),

Quarantine, Transportation, Weeds.

Accordingly, 7 CFR part 360 would be

amended as follows:

PART 360—NOXIOUS WEED

REGULATIONS

1. The authority citation for part 360

would continue to read as follows:

Authority: 7 U.S.C. 2803 and 2809; 7 CFR

2.17, 2.51, and 371.2(c).

§ 360.200 [Amended]

2. Section 360.200 would be amended

as follows:

a. In paragraph (a), by removing

‘‘Stratiotes aloides Linnaeus (wateraloe)’’.

b. In paragraph (a), by adding ‘‘Ottelia

alismoides (L.) Pers.’’ immediately after

‘‘Monochoria vaginalis (Burman f.) C.

Presl’’.

c. In paragraph (c), by removing

‘‘Euphorbia prunifolia Jacquin (painted

euphorbia)’’.

d. In paragraph (c), by adding

‘‘Solanum viarum Dunal (tropical soda

apple)’’ immediately after ‘‘Solanum

torvum Swartz (turkeyberry)’’.

Done in Washington, DC, this 15th day of

March 1995.

Terry Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–7135 Filed 3–22–95; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 1050

[DA–95–14]

Milk in the Central Illinois Marketing

Area; Proposed Suspension of Certain

Provisions of the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed suspension of rule.

SUMMARY: This document invites written

comments on a proposal to suspend a

portion of the producer milk definition

of the Central Illinois Federal milk

marketing order (Order 50) for an

indefinite period commencing April 1,

1995. The proposed suspension was

requested by Prairie Farms Dairy, Inc.,

which contends the action is necessary

to prevent uneconomic and inefficient

movements of milk and to ensure that

producer milk historically associated

with Order 50 will continue to be

pooled under the order.

DATES: Comments are due no later than

March 30, 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:

Nicholas Memoli, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington,

DC 20090–6456, (202) 690–1932.

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 lessen the

regulatory impact of the order on certain

milk handlers and would tend to ensure

that dairy farmers would continue to

have their milk priced under the order

and thereby receive the benefits that

accrue from such pricing.

The Department is issuing this

proposed rule in conformance with

Executive Order 12866.

This proposed rule has been reviewed

under Executive Order 12778, 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

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

suspension of the following provision of

the order regulating the handling of

milk in the Central Illinois marketing

area is being considered for an

indefinite period, beginning April 1,

1995:

In § 1050.13(d)(2), the words ‘‘not’’

and ‘‘it’’ where they first appear.

All persons who want to submit

written data, views or arguments about

the proposed suspension should send

two copies of their views to the USDA/

AMS/Dairy Division, Order Formulation

Branch, Room 2971, South Building,

P.O. Box 96456, Washington, DC 20090–

6456, by the 7th day after publication of

this notice in the Federal Register. The

period for filing comments is limited to

7 days because a longer period would

not provide the time needed to complete

the required procedures before the

requested suspension is to be effective.

All written submissions made

pursuant to this notice will be made

available for public inspection in the

Dairy Division during regular business

hours (7 CFR 1.27(b)).

Statement of Consideration

The proposed rule would suspend a

portion of the producer milk definition

under the Central Illinois order for an

indefinite period of time, beginning

April 1, 1995. The proposed suspension

would suspend the diversion limits

applicable to individual producers for a

pool distributing plant regulated under

the order. The aggregate limit of 35

percent contained in the proviso of
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15263

§ 1050.13(d)(2) were suspended for an

indefinite period on January 1, 1995.

The Central Illinois order currently

allows an operator of a distributing

plant to divert to a nonpool plant up to

50 percent of a producer’s milk that is

physically received at the pool plant

during the months of August through

April. The proposed suspension would

allow a distributing plant to divert an

unlimited amount of a producer’s milk

to a nonpool plant during each of these

months, provided that at least one day’s

production is physically received at a

pool plant.

Prairie Farms, which operates the

only distributing plant regulated under

Order 50, states that it represents over

90 percent of the producer milk pooled

under Order 50. According to Prairie

Farms, approximately 60 percent of its

producer milk pooled under Order 50

was supplied to Beatrice Cheese, Inc.,

effective December 1, 1994. It contends

the proposed suspension is necessary to

permit it to keep its producers pooled

under the order without the necessity of

costly and inefficient movements of

milk. It maintains that its proposal

would not jeopardize the integrity of the

order because at least one day’s

production would have to be physically

received at a pool plant during each of

the months of August through April to

qualify the milk for diversion to a

nonpool plant. Prairie Farms requests

that the proposed action be handled on

an emergency basis to allow the

continuous pooling of producer milk

historically associated with Order 50.

Accordingly, it may be appropriate to

suspend the aforesaid provision for an

indefinite period beginning April 1,

1995.

List of Subjects in 7 CFR Part 1050

Milk marketing orders.

The authority citation for 7 CFR part

1050 continues to read as follows:

Authority: Secs. 1–19, 48 Stat 31, as

amended; 7 U.S.C. 601–674.

Dated: March 17, 1995

Lon Hatamiya,

Administrator.

[FR Doc. 95–7105 Filed 3–22–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. H–049]

RIN 1218–0099

Respiratory Protection; Proposed Rule

AGENCY: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION: Extension of date for filing of

testimony and evidence before the

public hearing.

SUMMARY: By this document the

Occupational Safety and Health

Administration (OSHA) is extending the

date for submitting the text of testimony

and documentary evidence for those

who intend to testify at the public

hearings from April 14, 1995 to May 15,

1995, in order to provide additional

time for the preparation of testimony for

the hearings.

DATES: Testimony and evidence to be

submitted at the hearings must be

postmarked on or before May 15, 1995.

Comments must be postmarked on or

before April 14, 1995. The hearing will

begin at 9:30 a.m., Tuesday, June 6,

1995 in Washington, DC.

ADDRESSES: Testimony and

documentary evidence are to be

submitted in quadruplicate to: Mr.

Thomas Hall, OSHA Division of

Consumer Affairs, Occupational Safety

and Health Administration, 200

Constitution Avenue, N.W., Room

N3649, Washington, D.C. 20210; (202)

219–8615. Testimony and documentary

evidence will be available for inspection

and copying in the Docket Office, Room

N2625 at the above address.

Written comments should be

submitted in quadruplicate or 1 original

(hardcopy) and 1 disk (51⁄4 or 3 1⁄2) in

WordPerfect 5.0, 5.1, 6.0 or ASCII to:

Docket Office, Docket H–49, U.S.

Department of Labor, Occupational

Safety and Health Administration,

Room N2625, 200 Constitution Avenue,

N.W. Washington, D.C. 20210; (202)

219–7894. Any information not

contained on disk, e.g., studies, articles,

etc., must be submitted in

quadruplicate.

The hearing will be held in the

auditorium of the U.S. Department of

Labor, 200 Constitution Avenue, NW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Proposal: Mr. Richard Liblong,

Director, Office of Information and

Consumer Affairs, Occupational Safety

and Health Administration, 200

Constitution Avenue, N.W., Room

N3647, Washington, D.C. 20210; (202)

219–8151.

Hearings: Mr. Thomas Hall, Division

of Consumer Affairs, Occupational

Safety and Health Administration, 200

Constitution Avenue NW., Room N3649,

Washington, D.C. 20210; (202) 219–

8615.

SUPPLEMENTARY INFORMATION:

Background

On November 15, 1994, OSHA

published a notice of proposed

rulemaking on its respiratory protection

standard (59 FR 58884 et seq.). The

proposal is intended to update the

current respirator standard to reflect

changes in methodology, technology,

and approach related to respiratory

protection that have occurred since the

existing respiratory protection standard

was adopted in 1971.

A notice of the extension of the

comment period and the rescheduling of

the public hearing was published on

January 20, 1995 (60 FR 4132 et seq.).

This notice extended the public

comment period for the proposal to

April 14, 1995. The date for submitting

a notice of intention to appear at the

hearing to testify was extended to March

31, 1995. The public hearings were

rescheduled to start on June 6, 1995.

Extension of Date for Submitting

Testimony and Evidence Before the

Hearing

Pursuant to section 6(b)(3) of the OSH

Act, an opportunity to submit oral

testimony concerning all issues raised

by the proposed standard will be

provided at an informal public hearing

to be held in Washington, DC from June

6, 1995 and continuing until Friday,

June 23. The hearing will commence at

9:30 a.m. on June 6, 1995, in the

auditorium of the Frances Perkins

Building, U.S. Department of Labor, 3rd

Street and Constitution Avenue NW.,

Washington, DC 20210.

All persons desiring to participate at

the hearing must file in quadruplicate a

notice of intention to appear,

postmarked on or before March 31,

1995.

In addition to a notice of intention to

appear, any party requesting more than

ten (10) minutes for a presentation, or

who will submit documentary evidence,

must provide in quadruplicate the

complete text of the testimony,

including any documentary evidence to

be presented. One copy shall not be

stapled or bound and be suitable for

copying. These materials must be

provided to Mr. Thomas Hall, OSHA

Division of Consumer Affairs at the