[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22255-22256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11042]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1036
[DA-95-13]
Milk in the Eastern Ohio-Western Pennsylvania Marketing Area;
Termination of Certain Provisions of the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule terminates the advertising and promotion provisions
of the Eastern Ohio-Western Pennsylvania Federal milk order.
Termination of the provisions was requested by several associations of
dairy farmers whose milk is pooled under the order. Two comments were
filed in response to the proposed termination, and both were in favor
of terminating these provisions. Termination eliminates redundant
expenses in administering regional advertising and promotion programs
without affecting producers' participation.
EFFECTIVE DATE: Amendments 2 and 3 (Secs. 1036.73 and 1036.105 through
1036.121) are effective July 1, 1995. Amendment 4 (Sec. 1036.122) is
effective August 1, 1995.
FOR FURTHER INFORMATION CONTACT: Constance M. Brenner, Marketing
Specialist, USDA/AMS/Dairy Division, Order Formulation Branch, Room
2971, South Building, P.O. Box 96456, Washington, DC 20090-6456, (202)
720-2357.
SUPPLEMENTARY INFORMATION: Prior document in this proceeding:
Notice of Proposed Termination: Issued March 21, 1995; published
March 24, 1995 (60 FR 15523).
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 [[Page 22256]] 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 dairy
farmers and will not affect milk handlers.
The Department is issuing this 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 termination is issued pursuant to the provisions of
the Agricultural Marketing Agreement Act and of the order regulating
the handling of milk in the Eastern Ohio-Western Pennsylvania marketing
area.
Notice of proposed rulemaking was published in the Federal Register
on March 24, 1995 (60 FR 15523) concerning a proposed termination of
certain provisions of the order. Interested persons were afforded an
opportunity to file written data, views and arguments thereon. Two
comments supporting (and none opposing) the proposed termination 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 the following
provisions of the order do not tend to effectuate the declared policy
of the Act:
Sections 1036.105 through 1036.122, the undesignated center heading
preceding them, and the reference to these provisions in Sec. 1036.73.
Statement of Consideration
This rule terminates the advertising and promotion provisions of
the Eastern Ohio-Western Pennsylvania Federal milk order. Milk
Marketing Inc. (MMI), Dairylea Cooperative Inc., and Tri-County
Producers Cooperative, all associations of dairy farmers whose milk is
pooled on the Eastern Ohio-Western Pennsylvania Federal milk order,
requested termination of the provisions.
The cooperatives stated that the primary purpose of these
provisions, at the time of their implementation, was to increase
producer participation in the advertising and promotion of milk and
dairy products. However, the Dairy and Tobacco Adjustment Act of 1983
mandated that all dairy farmers contribute to such activities through a
national program that includes all Federal order marketing areas (7 CFR
part 1150). The cooperatives asserted that the advertising and
promotion provisions of the order are redundant and create unnecessary
expenses in view of the existence of qualified regional programs that
are funded under the national advertising and promotion program. The
efficiency and effectiveness of producer funds would be enhanced with
termination of the Federal order advertising and promotion provisions.
Thus, the cooperatives requested removal of the advertising and
promotion provisions to eliminate administrative costs without
affecting the integrity of the Federal order program or the national
Dairy Promotion Program.
Comments favoring the termination of the provisions were received
from National Farmers Organization (NFO) and a dairy farmer whose milk
is pooled on Order 36. NFO reiterated the comments made by the three
proponent cooperatives. The dairy farmer's comments favored the
proposed termination of the provisions.
The advertising and promotion provisions of the Eastern Ohio-
Western Pennsylvania Federal order should be terminated. Termination of
the aforesaid sections of Order 36 would reduce administrative costs of
the Order, while funding for dairy research and promotion would be
maintained via 7 CFR part 1150, the Dairy Promotion Program. In
addition, producers whose milk is pooled under the order support
elimination of these provisions.
Section 608c(16)(A) of the Act authorizing Federal milk orders
provides that any order provisions may be terminated separately
whenever the Secretary makes a determination that such provisions
obstruct or do not tend to effectuate the declared policy of the Act.
Therefore, the aforesaid provisions of the order are hereby
terminated.
List of Subjects in 7 CFR Part 1036
Milk marketing orders.
For the reasons set forth in the preamble, the following provisions
in Title 7, Part 1036, are amended as follows:
PART 1036--MILK IN THE EASTERN OHIO-WESTERN PENNSYLVANIA MARKETING
AREA
1. The authority citation for 7 CFR Part 1036 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 1036.73 [Amended]
2. In Sec. 1036.73, paragraph (a)(2)(iii) is amended, effective
July 1, 1995, by adding the word ``and'', and paragraph (a)(2)(iv) is
removed and reserved.
Secs. 1036.105 through 1036.121 [Removed]
3. Sections 1036.105 through 1036.121 are removed, effective July
1, 1995.
Sec. 1036.122 [Removed]
4. Section 1036.122 and the undesignated center heading preceding
it are removed, effective August 1, 1995.
Dated: May 1, 1995.
David R. Shipman,
Acting Deputy Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-11042 Filed 5-4-95; 8:45 am]
BILLING CODE 3410-02-P