Milk in the Paducah, Kentucky, Marketing Area; Proposed Termination of Order

SUMMARY: This document invites written comments on the proposed

termination of the order regulating the handling of milk in the

Paducah, Kentucky, marketing area. A proposed amended Paducah,

Kentucky, order failed to receive the required two-thirds approval in a

recent producer referendum. Since the Department has determined that

the provisions of the proposed amended order are necessary to

effectuate the declared policy of the applicable statutory authority,

it is necessary to consider terminating the present order.

DATES: Comments are due on or before March 24, 1995.

ADDRESSES: Comments (two copies) should be filed with the USDA/AMS/

Dairy Division, Order Formulation Branch, Room 2971, South Building,

P.O. Box 96456, Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Marketing Specialist,

USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington, DC 20090-6456 (202) 690-1366.

SUPPLEMENTARY INFORMATION: 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 proposed

rule would not have a significant economic impact on a substantial

number of small entities. This rule would eliminate the regulatory

impact of the order on dairy farmers and regulated handlers.

This proposed action has been reviewed under Executive Order 12866.

This proposed termination order has been reviewed under Executive

Order 12778, Civil Justice Reform. This action is not intended to have

a retroactive effect. If adopted, this proposed action 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.

Notice is hereby given that, pursuant to the provisions of the

Agricultural Marketing Agreement Act, the termination of the order

regulating the handling of milk in the Paducah, Kentucky, marketing

area is being considered.

All persons who want to send written data, views, or arguments

about the proposed termination should send two copies of them to the

USDA/AMS/Dairy Division, Order Formulation Branch, Room 2971, South

Building, P.O. Box 96456, Washington, DC 20090-6456, by the 15th day

after the publication of this notice in the Federal Register. The

period for filing comments is limited to 15 days because a longer

period would not provide the time needed to complete the required

procedures before and coordinate the termination with amendatory action

being taken on milk orders for neighboring markets. The comments that

are received will be made available for public inspection in the Dairy

Division during normal business hours (7 CFR 1.27(b)).

Statement of Consideration

The proposed action would terminate the order regulating the

handling of milk in the Paducah, Kentucky, marketing area.

On December 2, 1994, the Department issued a final decision on

proposed amendments to all Federal milk orders, which was published

December 14, 1994 (59 FR 64524). The final decision document contained

proposed amended orders for all marketing areas, including the Paducah

order. The document also included a referendum order for the Paducah,

Kentucky, market to ascertain whether producers supplying that market

approve the issuance of the proposed amended order. The final decision

concluded that amended orders were needed to effectuate the declared

policy of the applicable statutory authority.

The enabling statute requires that at least two-thirds of the

producers (measured in terms of either number or volume) voting in a

referendum must approve the issuance of a marketwide pool order before

it can be put into effect. Only 37.8 percent of the voting producers

representing 59.8 percent of the milk produced by the dairy farmers who

voted in the referendum approved the issuance of the proposed amended

order for the Paducah, Kentucky, marketing area. In these

circumstances, where it has been concluded that the order should be

amended to effectuate the declared policy of the enabling statute, and

that the amended order was not approved by producers, it appears that

continuation of the existing Paducah, Kentucky, order would not be in

conformity with the applicable statutory authority. Therefore, it is

necessary to consider terminating the present order.

List of Subjects in 7 CFR Part 1099

Milk marketing orders.

The authority citation for 7 CFR Part 1099 continues to read as

follows:

Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-

674.

[[Page 12908]] Dated: March 3, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-5806 Filed 3-8-95; 8:45 am]

BILLING CODE 3410-02-P