4802 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Proposed Rules DEPARTMENT OF AGRICULTURE structure and proposes replacing the SUPPLEMENTARY INFORMATION: basic formula price with a multiple Table of Contents Agricultural Marketing Service component pricing system. This proposed rule also establishes a new I. Legislative and Background Requirements 7 CFR Parts 1000, 1001, 1002, 1004, Legislative Requirements Class IV which would include milk Background 1005, 1006, 1007, 1012, 1013, 1030, used to produce nonfat dry milk, butter, 1032, 1033, 1036, 1040, 1044, 1046, Actions Completed and other dry milk powders; reclassifies Public Interaction 1049, 1050, 1064, 1065, 1068, 1076, eggnog and cream cheese; and addresses Public Input 1079, 1106, 1124, 1126, 1131, 1134, other minor classification changes. Part Executive Order 12988 1135, 1137, 1138 and 1139 1000 is proposed to be expanded to Executive Order 12866 [DA±97±12] include sections that are identical to all The Regulatory Flexibility Act and the of the consolidated orders to assist in Effects on Small Businesses Milk in the New England and Other Paperwork Reduction Act of 1995 simplifying and streamlining the orders. Preliminary Statement Marketing Areas; Proposed Rule and II. Discussion of Material Issues and Opportunity To File Comments, DATES: Comments must be submitted on or before March 31, 1998. Proposed Amendments to the Orders Including Written Exceptions, on Consolidation of marketing areas Proposed Amendments to Marketing ADDRESSES: Comments (two copies) Basic formula price replacement and other Agreements and Orders should be submitted to Richard M. class price issues McKee, Deputy Administrator, Dairy Class I price structure 7 CFR part Marketing area Programs, USDA/AMS, Room 2968, Classification of milk and related issues South Building, P.O. Box 96456, Provisions applicable to all orders 1000 ........ General Provisions of Federal Washington, DC 20090±6456. Regional Issues: Milk Marketing Orders. Northeast Region 1001 ........ New England. Comments also may be sent by fax to Southeast Region 1002 ........ New York-New Jersey. (202) 690±3410. Additionally, Midwest Region 1004 ........ Middle Atlantic. comments may be submitted via E-mail Western Region 1005 ........ Carolina. to: [email protected]. Miscellaneous and Administrative: 1006 ........ Upper Florida. All comments should be identified Consolidation of the marketing service, 1007 ........ Southeast. administrative expense, and producer- 1012 ........ Tampa Bay. with the docket number found in settlement funds 1013 ........ Southeastern Florida. brackets in the heading of this Consolidation of the transportation credit 1030 ........ Chicago Regional. document. To facilitate the review balancing funds 1032 ........ Southern Illinois-Eastern Mis- process, please state the particular Proposed general findings souri. topic(s) addressed, from the following III. Order Language 1033 ........ Ohio Valley. list, at the beginning of the comment: General provisions 1036 ........ Eastern Ohio-Western Pennsyl- consolidation, basic formula price, Class Northeast order provisions vania. I price structure, other class prices, Appalachian order provisions 1040 ........ Southern Michigan. classification, provisions applicable to Florida order provisions 1044 ........ Michigan Upper Peninsula. Southeast order provisions 1046 ........ Louisville-Lexington-Evansville. all orders, regional issues (please Mideast order provisions 1049 ........ Indiana. specify: Northeast, Southeast, Midwest, Upper Midwest order provisions 1050 ........ Central Illinois. Western), and miscellaneous and Central order provisions 1064 ........ Greater Kansas City. administrative. If comments submitted Southwest order provisions 1065 ........ Nebraska-Western Iowa. pertain to a specific order, please Arizona-Las Vegas order provisions 1068 ........ Upper Midwest. identify such order. Western order provisions 1076 ........ Eastern South Dakota. Pacific Northwest order provisions 1079 ........ Iowa. Comments are also being requested on IV. Appendix 1106 ........ Southwest Plains. the Executive Order 12866 analysis, the A: Summary of Preliminary Suggested 1124 ........ Pacific Northwest. Regulatory Flexibility Act analysis, and Order Consolidation Report 1126 ........ Texas. the Paperwork Reduction Act analysis. B: Summary of Pricing Options 1131 ........ Central Arizona. Additionally, comments may be sent C: Summary of Classification Report 1134 ........ Western Colorado. via E-mail to: D: Summary of Identical Provisions Report 1135 ........ Southwestern Idaho-Eastern Or- l l E: Summary of Basic Formula Price Report egon. Milk Order [email protected]. F: Summary of Revised Preliminary 1137 ........ Eastern Colorado. All comments submitted in response Suggested Order Consolidation Report 1138 ........ New Mexico-West Texas. to this proposal will be available for I. Legislative and Background 1139 ........ Great Basin. public inspection at the USDA/AMS/ Requirements Dairy Programs, Order Formulation AGENCY: Agricultural Marketing Service, Branch, Room 2968, South Building, Legislative Requirements USDA. 14th and Independence Ave., S.W., Section 143 of the Federal Agriculture ACTION: Proposed rule. Washington, D.C., during normal Improvement and Reform Act of 1996. SUMMARY: This proposed rule business hours (7 CFR 1.27(b)). All (Farm Bill), 7 U.S.C. 7253, requires that consolidates the current 31 Federal milk persons wanting to view the comments by April 4, 1999,1 the current Federal marketing orders into 11 orders. This are requested to make an appointment consolidation is proposed to comply in advance by calling Richard M. McKee 1 Section 143(b)(2) requires that a proposed rule with the 1996 Farm Bill which at (202) 720±4392. be published by April 4, 1998 and Section 143(b)(3) provides that ``in the event that the Secretary is mandates that the current Federal milk FOR FURTHER INFORMATION CONTACT: John enjoined or otherwise restrained by a court order orders be consolidated into between 10 F. Borovies, Branch Chief, USDA/AMS/ from publishing or implementing the consolidation to 14 orders by April 4, 1999. This Dairy Programs, Order Formulation and related reforms under subsection (a), the length proposed rule also sets forth two of time for which that injunction or other Branch, Room 2971, South Building, restraining order is effective shall be added to the options for consideration as a P.O. Box 96456, Washington, DC 20090± time limitations specified in paragraph (2) thereby replacement for the Class I price 6456, (202) 720±6274. extending those time limitations by a period of time Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Proposed Rules 4803 milk marketing orders be consolidated The informal rulemaking process does approval of the consolidated orders and into between 10 to 14 orders. The not require these procedures. Instead, related reforms by the required number Secretary of Agriculture (Secretary) is informal rulemaking provides for the of producers in each marketing area, a also directed to designate the State of issuance of a proposed rule by the final order implementing the new orders California as a Federal milk order if Agricultural Marketing Service, a period will be issued and published in the California dairy producers petition for of time for the filing of comments by Federal Register. and approve such an order. In addition, interested parties, and the issuance of a Although all of the issues regarding the Farm Bill provided that the final rule by the Secretary, which would Federal milk order reform are Secretary may address related issues become effective if approved by the interrelated, USDA has established such as the use of utilization rates and requisite number of producers in a several committees to address specific multiple basing points for the pricing of referendum. issues. The use of committees has fluid milk and the use of uniform Full participation by interested allowed the reform process to be multiple component pricing when parties is essential in the reform of divided into more manageable tasks. developing one or more basic prices for Federal milk orders. The issues are too The committees will work throughout manufacturing milk. Besides important and complex for this the developmental and rulemaking designating a date for completion of the proposed rule to be developed without phases. The committees that have been required consolidation, the Farm Bill significant input from all facets of the established are: Price Structure, Basic further requires that no later than April dairy industry. The experience, Formula Price, Identical Provisions, 1, 1997, the Secretary shall submit a knowledge, and expertise of the Classification, and Regional. The report to Congress on the progress of the industry and public are integral to the Regional committee is divided into four Federal order reform process. The report development of the proposed rule. To sub-committees: Midwest, Northeast, must cover three areas: a description of ensure maximum public input into the Southeast, and West. Committee the progress made towards process while still meeting the membership consists of both field and implementation, a review of the Federal legislated deadline of April 4, 1999, headquarters Dairy Programs personnel. order system in light of the reforms USDA developed a plan of action and The committees have been given required, and any recommendations projected time line. The plan of action specific