Rulemaking Procedures

[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Rules and Regulations]
[Pages 18323-18324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9273]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 64, No. 71 / Wednesday, April 14, 1999 / 
Rules and Regulations

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NORTHEAST DAIRY COMPACT COMMISSION

7 CFR Part 1361


Rulemaking Procedures

AGENCY: Northeast Dairy Compact Commission.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the ex parte communication provision 
of the Commission's rulemaking procedures. The amended rule allows 
Commission members to discuss the merits of a pending rulemaking 
proceeding with each other after the close of the comment period. The 
existing prohibition against ex parte communications between Commission 
members or Commission staff and interested parties or their 
representatives, at any time during the rulemaking proceeding, remains 
in full force with some clarifying amendments to the language of the 
rule.

DATES: Interim rule effective April 14, 1999. Sworn and notarized 
written testimony, comments and exhibits may be submitted until 5:00 
p.m. on May 14, 1999.

ADDRESSES: Mail, or deliver, sworn and notarized testimony, comments 
and exhibits to: Northeast Dairy Compact Commission, 34 Barre Street, 
Suite 2, Montpelier, Vermont 05602.

FOR FURTHER INFORMATION CONTACT: Kenneth M. Becker, Executive Director, 
Northeast Dairy Compact Commission at the above address or by telephone 
at (802) 229-1941, or by facsimile at (802) 229-2028.

SUPPLEMENTARY INFORMATION:

Background

    The Northeast Dairy Compact Commission (``Commission'') was 
established under authority of the Northeast Interstate Dairy Compact 
(``Compact''). The Compact was enacted into law by each of the six 
participating New England states as follows: Connecticut--Pub. L. 93-
320; Maine--Pub. L. 89-437, as amended, Pub. L. 93-274; Massachusetts--
Pub. L. 93-370; New Hampshire--Pub. L. 93-336; Rhode Island--Pub. L. 
93-106; Vermont--Pub. L. 93-57. In accordance with Article I, Section 
10 of the United States Constitution, Congress consented to the Compact 
in Pub. L. 104-127 (FAIR Act), Section 147, codified at 7 U.S.C. 7256. 
Subsequently, the United States Secretary of Agriculture, pursuant to 7 
U.S.C. 7256(1), authorized implementation of the Compact.
    Pursuant to its rulemaking authority under Article V, Section 11 of 
the Compact, the Commission concluded an informal rulemaking process 
and voted to adopt a compact over-order price regulation on May 30, 
1997.1 The Commission subsequently amended and extended the 
compact over-order price regulation.2 In 1998, the 
Commission further amended specific provisions of the over-order price 
regulation.3 The current compact over-order price regulation 
is codified at 7 CFR Chapter XIII.
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    \1\ 62 FR 29626 (May 30, 1997)
    \2\ 62 FR 62810 (Nov. 25, 1997)
    \3\ 63 FR 10104 (Feb. 27, 1998); 63 FR 46385 (Sept. 1, 1998); 
and 63 FR 65517 (Nov. 27, 1998).
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    On July 14, 1998, the Commission published an interim procedural 
rule to establish regulations governing the administrative rulemaking 
procedures for the Commission, as authorized by Section 11 of the 
Compact. That rule was based on rulemaking procedures originally 
adopted by the Commission on November 21, 1996 and incorporated in the 
Commission's Bylaws.4
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    \4\ 63 FR 37755 (July 14, 1998).
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    The Commission determines that two amendments to the current 
provision prohibiting ex parte communications are warranted. First, the 
Commission amends subsections (a) and (b) of Sec. 1361.11 to substitute 
clarifying language. The Commission deletes reference to a ``hearing'' 
and substitutes the phrase ``rulemaking proceeding,'' in both 
subsections (a) and (b). In only subsection (a), the Commission also 
deletes the phrase `` discuss ex parte'' and substitutes the phrase 
``communicate, either directly or indirectly, in connection with'' the 
merits of the rulemaking proceeding. The prohibition against any ex 
parte communication between Commission members or Commission staff and 
interested persons or their representatives, during the course of the 
rulemaking proceeding, remains in full force.
    Secondly, the Commission amends Sec. 1361.11(b) to adjust the time 
period during which the Commission members are prohibited from 
discussing the merits of the pending rulemaking proceeding with each 
other. The current provision only allows Commission members to discuss 
the merits of the rulemaking during the deliberative meeting conducted 
pursuant to 7 CFR Sec. 1361.8. The amended rule permits Commission 
members to discuss the issues following the close of the comment 
period, after the public record is complete. The prohibition against 
discussing the merits of the proceeding between the date of publication 
of the official notice of the rulemaking proceeding and the close of 
the post-hearing comment period remains in force. This amendment will 
permit the Commission's Committee on Regulations and Rulemaking, as 
well as state delegations and individual Commissioners, to prepare for 
the Commission's deliberative meeting held pursuant to Sec. 1361.8.
    Accordingly, the Commission amends the current procedural rule to 
be effective upon publication. The amended rule will apply only to 
those rulemaking proceedings initiated by publication of official 
notice after the effective date of the rule.

Public Participation in Rulemaking Proceedings

    The Commission seeks and encourages comments on these amendments to 
the Commission's rulemaking procedures. The Commission continues to 
benefit from the valuable insight and active participation of all 
segments of the affected community, including consumers, processors and 
producers in the development and administration of the over-order price 
regulation and welcomes comments from milk handlers and other 
interested persons.

Request for Written Comments

    Any person may participate in the rulemaking proceeding by 
submitting written comments or exhibits to the Commission. Comments and 
exhibits

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may be submitted at any time before 5:00 p.m. on May 14, 1999.

    Please note: Comments and exhibits will be made part of the 
record of the rulemaking proceeding only if they identify the 
author's name, address and occupation, and if they include a sworn 
and notarized statement indicating that the comment and/or exhibit 
is presented based upon the author's personal knowledge and belief. 
Facsimile copies will be accepted up until the 5:00 p.m. deadline, 
but the original must then be sent by ordinary mail.

List of Subjects in 7 CFR Part 1361

    Administrative practice and procedure, Rulemaking, Milk.

Codification in Code of Federal Regulations

    For reasons set forth in the preamble, the Northeast Dairy Compact 
Commission amends 7 CFR Part 1361 as follows:

PART 1361-- RULEMAKIMG PROCEDURES

    1. The authority citation for part 1361 continues to read as 
follows:

    Authority: 7 U.S.C. 7256.

    2. Section 1361.11 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 1361.11  Ex parte communications.

    (a) Following notice of a rulemaking proceeding, pursuant to 
Sec. 1361.3, and prior to the conclusion of a producer referendum, or 
the final decision of the Commission, whichever is later, no Compact 
Commission member or Commission staff person shall communicate, either 
directly or indirectly, in connection with the merits of the rulemaking 
proceeding with any person having an interest in the proceeding or with 
any representative of such person.
    (b) Following notice of a rulemaking proceeding, pursuant to 
Sec. 1361.3, and prior to the close of the comment period, pursuant to 
Sec. 1361.7, Compact Commission members shall not discuss among 
themselves the merits of the rulemaking proceeding.
* * * * *
    Dated: April 8, 1999.
Kenneth M. Becker,
Executive Director.
[FR Doc. 99-9273 Filed 4-13-99; 8:45 am]
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