Milk in the Eastern Ohio-Western Pennsylvania Marketing Area; Proposed Termination of Certain Provisions of the Order

DEPARTMENT OF AGRICULTURE

7 CFR Part 1036

[Docket No. DA-95-13]

Milk in the Eastern Ohio-Western Pennsylvania Marketing Area;

Proposed Termination of Certain Provisions of the Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed termination of rule.

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SUMMARY: This document invites written comments on a proposal to

terminate the advertising and promotion provisions of the Eastern Ohio-

Western Pennsylvania order. Termination of the provisions was requested

by several associations of dairy farmers whose milk is pooled under the

order. Termination would eliminate redundant expenses in administering

regional advertising and promotion programs without affecting

producers' participation.

DATES: Comments are due on or before April 7, 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.

[[Page 15524]] 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: 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 lessen the regulatory impact

of the order on dairy farmers and would not affect milk handlers.

The Department is issuing this proposed rule in conformance with

Executive Order 12866.

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. This rule is not intended to have a retroactive

effect. If adopted, this proposed 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.

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

Agricultural Marketing Agreement Act, the termination of the following

provisions of the order regulating the handling of milk in the Eastern

Ohio-Western Pennsylvania marketing area is being considered:

Sections 1036.105 through 1036.122, the undesignated center heading

preceding them, and the reference to these provisions in Sec. 1036.73.

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 14th day

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

period for filing comments is limited to 14 days because a longer

period would not provide the time needed to complete the required

procedures before the process to appoint a new Board is initiated in

April.

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 termination, requested by 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, would eliminate the

advertising and promotion provisions of that order.

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 1985

mandated that all dairy farmers contribute to such activities through a

national program spanning 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.

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, comments are sought to determine whether the

aforementioned provisions should be terminated.

List of Subjects in 7 CFR Part 1036

Milk marketing orders.

The authority citation for 7 CFR part 1036 continues to read as

follows:

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

674.

Dated: March 21, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-7335 Filed 3-23-95; 8:45 am]

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