[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20124-20125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10992]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1007

[Docket No. AO-366-A37; DA-95-22]


Milk in the Southeast Marketing Area; Order Amending the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule amends certain location adjustments under the 
Southeast Federal milk marketing order. The amendments are based upon 
industry proposals considered at a public hearing held on September 19, 
1995. The amended order was approved by more than two-thirds of the 
producers voting in the specified marketing area.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Nicholas Memoli, Marketing Specialist, 
Order Formulation Branch, USDA/AMS/Dairy Division, Room 2971, South 
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 690-1932.

SUPPLEMENTARY INFORMATION: This administrative rule is governed by the 
provisions of sections 556 and 557 of Title 5 of the United States Code 
and, therefore, is excluded from the requirements of Executive Order 
12866.
    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 action will not have a 
significant economic impact on a substantial number of small entities. 
The amended order will promote orderly marketing of milk by producers 
and regulated handlers.
    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 provision 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.

Prior Documents in This Proceeding

    Notice of Hearing: Issued August 11, 1995; published August 17, 
1995 (60 FR 42815).
    Supplemental Notice of Hearing: Issued September 8, 1995; published 
September 13, 1995 (60 FR 47495).
    Recommended Decision: Issued December 18, 1995; published December 
27, 1995 (60 FR 66929).
    Final Decision: Issued March 18, 1996; published March 22, 1996 (61 
FR 11756).

Findings and Determinations

    The findings and determinations hereinafter set forth supplement 
those that were made when the order was first issued and when it was 
amended. The previous findings and determinations are hereby ratified 
and confirmed, except where they may conflict with those set forth 
herein.
    (a) Findings. A public hearing was held upon certain proposed 
amendments to the tentative marketing agreement and to the order 
regulating the handling of milk in the Southeast marketing area. The 
hearing was held pursuant to the provisions of the Agricultural 
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and the 
applicable rules of practice and procedure (7 CFR Part 900).
    Upon the basis of the evidence introduced at such hearing and the 
record thereof, it is found that:
    (1) The Southeast order, as hereby amended, and all the terms and 
conditions thereof, will tend to effectuate the declared policy of the 
Act;
    (2) The parity prices of milk, as determined pursuant to section 2 
of the Act, are not reasonable in view of the price of feeds, available 
supplies of feeds, and other economic conditions which affect market 
supply and demand for milk in the marketing area. The minimum prices 
specified in the order, as hereby amended, are such prices as will 
reflect the aforesaid factors, insure a sufficient quantity of pure and 
wholesome milk, and be in the public interest; and
    (3) The Southeast order, as hereby amended, will regulate the 
handling of milk in the same manner as, and will be applicable only to 
persons in the respective classes of industrial and commercial activity 
specified in, a marketing agreement upon which a hearing has been held.
    (b) Determinations. It is hereby determined that:
    (1) The refusal or failure of handlers (excluding cooperative 
associations specified in Sec. 8c(9) of the Act) of more than 50 
percent of the milk which is marketed within the Southeast marketing 
area to sign a proposed marketing agreement tends to prevent the 
effectuation of the declared policy of the Act;
    (2) The issuance of this order amending the order is the only 
practical means pursuant to the declared policy of the Act of advancing 
the interests of producers as defined in the order as hereby amended; 
and
    (3) The issuance of the order amending the order is favored by at 
least two-thirds of the producers who during December 1995 were engaged 
in the production of milk for sale in the Southeast marketing area.

List of Subjects in 7 CFR Part 1007

    Milk marketing orders.

Order Relative to Handling

    It is therefore ordered, that on and after the effective date 
hereof, the

[[Page 20125]]

handling of milk in the Southeast marketing area shall be in conformity 
to and in compliance with the terms and conditions of the order, as 
amended, and as hereby further amended, as follows:

PART 1007--MILK IN THE SOUTHEAST MARKETING AREA

    1. The authority citation for 7 CFR part 1007 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


Sec. 1007.2   [Amended]

    2. In Sec. 1007.2, Zone 11, under ``Alabama Counties'' the words 
``(more than 20 miles from the Mobile city hall)'' are removed 
following the word ``Mobile'' and under ``Louisiana Parishes'' the 
words ``(north of State Highway 16)'' are added following the word 
``Tangipahoa''.
    3. In Sec. 1007.2, Zone 12, the heading ``Alabama Counties'' and 
the entry under it are removed and under ``Louisiana Parishes'' the 
words ``Tangipahoa (south of State Highway 16)'' are added following 
the word ``St. Mary,''.


Sec. 1007.50   [Amended]

    4. In Sec. 1007.50(d), the words ``value per hundredweight of 3.5 
percent milk and rounded to the nearest cent, and subject to the 
adjustments set forth in paragraph (c) of this section for the 
applicable month'' are removed and the words ``times 35 and rounded to 
the nearest cent'' are added in their place.


Sec. 1007.92   [Amended]

    5. In the introductory text of Sec. 1007.92(c), the word ``four'', 
where it appears for the third and final time, is changed to read 
``three''.

    Dated: April 29, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-10992 Filed 5-3-96; 8:45 am]
BILLING CODE 3410-02-P