This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17191

Vol. 60, No. 65

Wednesday, April 5, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1126

[DA–95–12]

Milk in the Texas 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 Texas Federal

milk marketing order from March 1,

1995, through July 31, 1995. The

suspension removes the diversion

limitation applicable to cooperative

associations. The suspension was

requested by Associated Milk

Producers, Inc., a cooperative

association representing a substantial

number of producers who supply milk

to the market. The suspension is

necessary to prevent uneconomical and

inefficient movements of milk.

EFFECTIVE DATE: March 1, 1995, through

July 31, 1995.

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 7465).

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 Texas marketing area.

Notice of proposed rulemaking was

published in the Federal Register on

February 8, 1995 (60 FR 7465)

concerning a proposed suspension of a

certain provision of the order. Interested

persons were afforded opportunity to

file written data, views and arguments

thereon. No comments were received.

After consideration of all relevant

material, including the proposal in the

notice and other available information,

it is hereby found and determined that

for the months of March 1, 1995,

through July 31, 1995, the following

provision of the order does not tend to

effectuate the declared policy of the Act:

In § 1126.13, paragraph (e)(2).

Statement of Consideration

This rule suspends certain provisions

of the producer milk definition in the

Texas order for the months of March

through July 1995. The suspension

removes the limitation on the amount of

producer milk that a cooperative may

divert to a nonpool plant.

Currently the order permits a

cooperative association to divert up to

one-third of the amount of producer

milk that the cooperative causes to be

physically received during the month at

handlers’ pool plants to nonpool plants.

The diversion provisions provide an

efficient means to move milk that is in

excess of fluid milk needs directly from

farms to nonpool plants for

manufacturing and still be priced under

the order.

Associated Milk Producers, Inc.

(AMPI), a cooperative association

representing a substantial number of

producers who supply milk to the

market, requested the suspension. AMPI

stated that during recent months the

cooperative had reached maximum

pooling capability because of the

diversion limitations to nonpool plants.

AMPI contends that during the flush

season (March through July) the

cooperative will be adversely impacted

as local production expands and the

cooperative exceeds the one-third

diversion limitation.

Current projections indicate that there

will be ample supplies of milk to meet

the fluid demand of the market during

the months of March through July 1995.

It is impractical to require that more

milk be shipped by cooperative

associations to other pool plants than is

needed at such plants merely to gain

eligibility for pooling and diversion

status. Absent this suspension, costly

and inefficient movements of milk will

be made to maintain pool status of

producers who have historically

supplied the fluid milk needs of the

market.

Accordingly, it is appropriate to

suspend the aforesaid provision

beginning March 1, 1995, through July

31, 1995.

It is hereby found and determined

that thirty days’ notice of the effective

date hereof is impractical, unnecessary
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