Milk in the Paducah, KY, Marketing Area; Termination of Certain Provisions of the Order

DEPARTMENT OF AGRICULTURE

7 CFR Part 1099

[DA-95-27]

Milk in the Paducah, KY, Marketing Area; Termination of Certain

Provisions of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This document terminates the remaining administrative

provisions of the Paducah, Kentucky, Federal milk marketing order

(Order 99), effective upon publication in the Federal Register. All of

the monthly operating provisions were terminated as of November 1,

1995, since the terms and provisions of the order no longer effectuated

the declared policy of the Act.

EFFECTIVE DATE: December 22, 1995.

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 documents in this proceeding:

Termination Order: Issued October 23, 1995; published October 31, 1995

(60 FR 55179).

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 terminates the remaining administrative provisions of the

Paducah, Kentucky, order.

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 the 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 law and request 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.

A comment period was not provided since there were no interested

parties affected by the termination order.

It is hereby found and determined that Sec. 1099.1 of the Paducah,

Kentucky, order does not effectuate the declared policy of the Act.

Statement of Consideration

This rule terminates the remaining administrative provisions of the

Paducah, Kentucky, Federal milk order. There currently are no handlers

regulated under the Paducah, Kentucky, order. Turner Dairies, the one

handler that was regulated under Order 99, became regulated under the

Southeast order on September 1, 1995, because of its greater sales into

that marketing area. Producers who ship their milk to Turner's Fulton,

Kentucky, plant now have their milk pooled under the adjacent Southeast

Federal milk order.

Since there were no plants regulated under the Paducah, Kentucky,

order, all of the monthly operating provisions were terminated as of

November 1, 1995. However, the termination order left intact certain

administrative provisions that were embodied, by reference, in

Sec. 1099.1 of the order.

[[Page 63613]]

The market administrator, in his capacity as the order's

liquidating agent, has completed the disbursement of all of the money

remaining in the administrative, producer-settlement, and marketing

service funds established under the order. Hence, the remaining

provisions of the order should be terminated.

Therefore, the aforesaid provisions of Sec. 1099.1 of the order are

hereby terminated.

For good cause shown, this rule shall be effective December 22,

1995. Neither a comment period nor a 30-day effective date is provided

in that all other provisions of the order were terminated effective

November 1, 1995, and no parties are affected by this action.

List of Subjects in 7 CFR Part 1099

Milk marketing orders.

PART 1099--MILK IN THE PADUCAH, KENTUCKY MARKETING AREA [REMOVED]

For the reasons set forth in the preamble and under the authority 7

U.S.C. 601-674, 7 CFR part 1099 is removed

Dated: December 4, 1995.

Shirley R. Watkins,

Acting Assistant Secretary, Marketing and Regulatory Programs.

[FR Doc. 95-30095 Filed 12-11-95; 8:45 am]

BILLING CODE 3410-02-P