[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7841]
[[Page Unknown]]
[Federal Register: April 1, 1994]
VOL. 59, NO. 63
Friday, April 1, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1046
[DA-93-26]
Milk in the Louisville-Lexington-Evansville Marketing Area;
Termination of Proceeding on Proposed Suspension of Certain Provisions
of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Termination of proceeding on proposed suspension of rules.
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SUMMARY: This action terminates the proceeding that was initiated to
consider a proposal to suspend a portion of the pool plant definition
of the Louisville-Lexington-Evansville milk order. The suspension was
requested by Armour Food Ingredients Company (Armour), which operates a
supply plant at Springfield, Kentucky. After evaluating the data,
views, arguments, and other pertinent information filed in response to
the proposed suspension, it has been determined that an alternative
proposed suspension [DA-93-29] will remove the need for the Armour
plant to incur inefficient and costly milk movements solely for the
purpose of pooling its plant under Federal Order 46. Accordingly, this
proceeding is hereby terminated.
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: Prior document in this proceeding:
Notice of Proposed Suspension: Issued September 22, 1993; published
September 28, 1993 (58 FR 50527).
This termination of proceeding is issued pursuant to the provisions
of the Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674). This proceeding was initiated by a notice of
rulemaking published in the Federal Register on September 28, 1993 (58
FR 50527) concerning a proposed suspension of certain provisions of the
order regulating the handling of milk in the Louisville-Lexington-
Evansville marketing area. Interested parties were invited to comment
on the proposal in writing by October 5, 1993. The proposal would have
suspended the need to include diversions under the ``net shipment''
provision pursuant to Sec. 1046.7(b).
Statement of Consideration
At the present time, the Armour supply plant at Springfield,
Kentucky, is regulated under the Tennessee Valley order (Order 11) by
virtue of its association with Southern Belle Dairy Company, a pool
distributing plant regulated under Order 11. In recent months, Southern
Belle has acquired accounts which could cause it to shift regulation
from Order 11 to Order 46. If this were to happen, the pooling
provisions of Order 46 would be applied to the Armour plant which would
cause the plant to have to incur costly and inefficient movements of
milk to keep its plant regulated under Order 46.
In a separate action (DA-93-29), certain provisions of Orders 11
and 46 have been suspended which will keep the Southern Belle plant
regulated under Order 11 and remove the problems anticipated by Armour
that would have been caused by the shift of the Southern Belle plant to
Order 46. In view of this suspension, there is no reason to proceed
with Armour's request to suspend the net shipment provision of Order
46, and, therefore, the proceeding is terminated.
List of Subjects in 7 CFR Part 1046
Milk marketing orders.
The authority citation for 7 CFR part 1046 continues to read as
follows:
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-
674.
Dated: March 28, 1994.
Patricia Jensen,
Acting Assistant Secretary for Marketing and Inspection Services.
[FR Doc. 94-7841 Filed 3-31-94; 8:45 am]
BILLING CODE 3410-02-P