17192 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations

and contrary to the public interest in

that:

(a) The suspension is necessary to

reflect current marketing conditions and

to assure orderly marketing conditions

in the marketing area, in that such rule

is necessary to permit the continued

pooling of the milk of dairy farmers who

have historically supplied the market

without the need for making costly and

inefficient movements of milk;

(b) This suspension does not require

of persons affected substantial or

extensive preparation prior to the

effective date; and

(c) Notice of proposed rulemaking

was given interested parties and they

were afforded opportunity to file written

data, views or arguments concerning

this suspension. No comments were

received.

Therefore, good cause exists for

making this order effective less than 30

days from the date of publication in the

Federal Register.

List of Subjects in 7 CFR Part 1126

Milk marketing orders.

For the reasons set forth in the

preamble, the following provision in

Title 7, Part 1126, is amended as

follows:

PART 1126—MILK IN THE TEXAS

MARKETING AREA

1. The authority citation for 7 CFR

Part 1126 continues to read as follows:

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

amended; 7 U.S.C. 601–674.

§ 1126.13 [Suspended in part]

2. In § 1126.13, paragraph (e)(2) is

suspended for the months of March 1,

1995, through July 31, 1995.

Dated: March 27, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–8354 Filed 4–4–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1131

[DA–95–11]

Milk in the Central Arizona Marketing

Area; Suspension of Certain

Provisions of the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Suspension of rule.

SUMMARY: This document suspends

certain provisions of the Central

Arizona Federal milk marketing order

beginning April 1, 1995, through March

31, 1996. The suspension eliminates the

requirement that a cooperative

association ship at least 50 percent of its

receipts to other handler pool plants to

maintain pool status of a manufacturing

plant operated by the cooperative.

United Dairymen of Arizona, a

cooperative association that represents

nearly all of the producers who supply

milk to the market, requested the

suspension. The suspension is

necessary to prevent uneconomical and

inefficient movements of milk.

EFFECTIVE DATE: April 1, 1995, through

March 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Clifford M. Carman, Marketing

Specialist, USDA/AMS/Dairy Division,

Order Formulation Branch, Room 2971,

South Building, P.O. Box 96456,

Washington, DC 20090–6456, (202) 720–

9368.

SUPPLEMENTARY INFORMATION: Prior

document in this proceeding:

Notice of Proposed Suspension:

Issued February 2, 1995; published

February 8, 1995 (60 FR 7466).

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 rule will not have a

significant economic impact on a

substantial number of small entities.

This rule lessens the regulatory impact

of the order on certain milk handlers

and tends to ensure that dairy farmers

will continue to have their milk priced

under the order and thereby receive the

benefits that accrue from such pricing.

The Department is issuing this final

rule in conformance with Executive

Order 12866.

This final rule has been reviewed

under Executive Order 12778, 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

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 the law and requesting

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.

This order of suspension is issued

pursuant to the provisions of the

Agricultural Marketing Agreement Act

and of the order regulating the handling

of milk in the Central Arizona marketing

area.

Notice of proposed rulemaking was

published in the Federal Register on

February 8, 1995 (60 FR 7466)

concerning a proposed suspension of

certain provisions of the order.

Interested persons were afforded

opportunity to file written data, views

and arguments thereon. One comment

supporting and one comment opposing

the suspension were received.

After consideration of all relevant

material, including the proposal in the

notice, the comments received and other

available information, it is hereby found

and determined that for the months of

April 1, 1995, through March 31, 1996,

the following provisions of the order do

not tend to effectuate the declared

policy of the Act:

In § 1131.7(c), the words ‘‘50 percent

or more of’’, ‘‘(including the skim milk

and butterfat in fluid milk products

transferred from its own plant pursuant

to this paragraph that is not in excess of

the skim milk and butterfat contained in

member producer milk actually received

at such plant)’’ and ‘‘or the previous 12-

month period ending with the current

month.’’

Statement of Consideration

This rule suspends certain provisions

of the Central Arizona order for the

months of April 1995 through March

1996. The suspension removes the

requirement that a cooperative

association that operates a

manufacturing plant in the marketing

area must ship at least 50 percent of its

milk supply during the current month

or the previous 12-month period ending

with the current month to other

handlers’ pool plants to maintain the

pool status of its manufacturing plant.

Currently the order permits a

cooperative association’s manufacturing

plant, located in the marketing area, to

be a pool plant if at least 50 percent of

the producer milk of members of the

cooperative association is physically

received at pool plants of other handlers

during the current month or the
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations 17193

previous 12-month period ending with

the current month.

The suspension of this shipping

requirement was requested by United

Dairymen of Arizona (UDA), a

cooperative association that represents

nearly all of the dairy farmers who

supply the Central Arizona market.

UDA contends that the continued pool

status of their manufacturing plant is

threatened by an increase in milk

production combined with a drop in

Class I sales. UDA states that in 1994 its

member production increased 17

percent over the previous year. In 1994,

monthly deliveries to distributing plants

also increased sufficiently to ensure

UDA a safe margin over the minimum

50 percent shipping requirement to

maintain pool status of its

manufacturing plant.

One dairy farmer filed a comment

opposing the suspension action. The

dairy farmer opposed the action because

it would allow for more milk to

continue to be regulated under the order

than would otherwise be the case. As a

result, the dairy farmer asserted that he

would receive a lower blend price than

if the action were not taken because

some milk would not qualify for

regulation under the order.

During the past year, there has been

an increase in the production of milk

and an increase in distributing plant

demand. Primarily, the increased

demand is a result of a significant

increase in Class I sales in Mexico by

Central Arizona handlers. The recent

collapse in value of the Mexican peso

has curtailed these sales and thus

reduced handler requirements for bulk

milk deliveries; however, production

has not declined. This general increase

in production and decline in sales

affects all producers in the market

equally. If the action were not taken,

some milk would not receive the

benefits of the blend price resulting

from regulation under the order. By

taking this action, all producers who

have historically supplied the market

would continue to share equally in the

benefits of regulation without costly and

inefficient movements of milk simply to

maintain their pool status.

The comment submitted by UDA in

support of the proposed suspension

clarified the specific order language that

UDA requested be suspended. UDA did

not intend for the words ‘‘its member

producer milk’’ and ‘‘received at the

pool plants of other handlers during the

current month’’ to be included in the

proposed suspension. Upon review of

UDA’s request and supporting

comment, the order language in

§ 1131.7(c) to be suspended has been

modified to exclude these specific

words.

UDA also requested that the

suspension be granted for an indefinite

period beginning in March 1995. After

reviewing the marketing conditions of

the Central Arizona marketing area and

their relationship with the uncertain

value of the Mexican peso, this

suspension will be for a one-year

period. The marketing conditions

indicate that the suspension should not

begin until April 1995.

Accordingly, it is appropriate to

suspend the aforesaid provisions

beginning April 1, 1995, through March

31, 1996.

It is hereby found and determined

that thirty days’ notice of the effective

date hereof is impractical, unnecessary

and contrary to the public interest in

that:

(a) The suspension is necessary to

reflect current marketing conditions and

to assure orderly marketing conditions

in the marketing area, in that such rule

is necessary to permit the continued

pooling of the milk of dairy farmers who

have historically supplied the market

without the need for making costly and

inefficient movements of milk;

(b) This suspension does not require

of persons affected substantial or

extensive preparation prior to the

effective date; and

(c) Notice of proposed rulemaking

was given interested parties and they

were afforded opportunity to file written

data, views or arguments concerning

this suspension. Two comments were

received.

Therefore, good cause exists for

making this order effective less than 30

days from the date of publication in the

Federal Register.

List of Subjects in 7 CFR Part 1131

Milk marketing orders.

For the reasons set forth in the

preamble, the following provisions in

Title 7, Part 1131, are amended as

follows:

PART 1131—MILK IN THE CENTRAL

ARIZONA MARKETING AREA

1. The authority citation for 7 CFR

Part 1131 continues to read as follows:

Authority: Secs. 1–19, 48 Stat 31, as

amended; 7 U.S.C. 601–674.

§ 1131.7 [Suspended in part]

2. In § 1131.7(c), the words ‘‘50

percent or more of’’, ‘‘(including the

skim milk and butterfat in fluid milk

products transferred from its own plant

pursuant to this paragraph that is not in

excess of the skim milk and butterfat

contained in member producer milk

actually received at such plant)’’ and

‘‘or the previous 12-month period

ending with the current month.’’ are

suspended for the months of April 1,

1995, through March 31, 1996.

Dated: March 27, 1995.

Patricia Jensen,

Acting Assistant Secretary. Marketing and

Regulatory Programs.

[FR Doc. 95–8353 Filed 4–4–95; 8:45 am]

BILLING CODE 3410–02–P

FEDERAL ELECTION COMMISSION

[Notice 1995–6]

11 CFR Parts 100, 104 and 113

Expenditures; Reports by Political

Committees; Personal Use of

Campaign Funds

AGENCY: Federal Election Commission.

ACTION: Final rules; announcement of

effective date.

SUMMARY: On February 9, 1995, the

Commission published the text of

revised regulations governing the

personal use of campaign funds. 60 FR

7862. These regulations implement

portions of the Federal Election

Campaign Act of 1971, as amended. The

Commission announces that the rules

are effective as of April 5, 1995.

EFFECTIVE DATE: April 5, 1995.

FOR FURTHER INFORMATION CONTACT:

Ms. Susan E. Propper, Assistant General

Counsel, 999 E Street NW., Washington,

D.C. 20463, (202) 219–3690 or (800)

424–9530.

SUPPLEMENTARY INFORMATION: Today, the

Commission is announcing the effective

date of its new regulations governing the

personal use of campaign funds. The

new rules insert a definition of personal

use into the Commission’s regulations.

The rules also amend the definition of

expenditure and the reporting

requirements for authorized committees

in the current regulations.

Section 438(d) of Title 2, United

States Code requires that any rules or

regulations prescribed by the

Commission to carry out the provisions

of Title 2 of the United States Code be

transmitted to the Speaker of the House

of Representatives and the President of

the Senate 30 legislative days before

they are finally promulgated. These

regulations were transmitted to

Congress on February 3, 1995. Thirty

legislative days expired in the House of

Representatives on March 23, 1995.

Thirty legislative days expired in the

Senate on March 22, 1995.

Announcement of Effective Date: 11

CFR 100.8(b)(22), 104.3(b)(4)(i)(B),