Notice of Public Hearing for Proposed Rule

Summary of Notice:

The Northeast Dairy Compact Commission proposes to amend the method for determining the amount of the administrative assessment charged to milk handlers. The proposed rule would give the Commission discretion, in any given month, to waive the administrative assessment entirely, or to set the rate at an amount less than the current flat rate of 3.2˘ per hundredweight of fluid milk. The Commission’s goal is to maintain a reserve account in the range of 80% to 120% of four-months operating expenses, as determined to be necessary in the budget approved by the Commission. However, this range would not be binding on the Commission and the Commission would at all times retain discretion whether to waive the administrative assessment or to set the rate at an amount less than 3.2 cents. The Commission also invites comments on whether the rule should be amended to permit the Commission to adjust the administrative assessment upward, from the current rate of 3.2˘, in exceptional circumstances and, if so, what exceptional circumstances would justify such an adjustment. Finally, the Commission proposes to promulgate a new rule that would require handlers to make payment to the Compact Commission by electronic funds transfer, if the total amount due is greater than $25,000.


Date, Time and Location of the Public Hearing:

A public hearing will be held at 9 a.m. on March 3, 1999 at the Tuck Library, Chubb Auditorium, 30 Park Street, Concord, New Hampshire.


Request for Pre-filed Testimony and Written Comments:

Pre-filed Testimony: The Commission is requesting pre-filed testimony to be received in the Commission office no later than 5 p.m. February 22, 1999.

Written Comments: Written comments or exhibits may also be submitted to the Commission before 5 p.m. on March 17, 1999; facsimile copies will be accepted up until the 5 p.m. deadline, but the original must then be sent by ordinary mail.


Note: Written comments, exhibits and pre-filed testimony will be accepted as long as 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. Please mail or deliver to: Northeast Dairy Compact Commission, 34 Barre, Street, Suite 2, Montpelier, Vermont 05602 or by facsimile to (802) 229-2028


For further information visit our web site under "Rules" at or contact Kenneth Becker, Executive Director, Northeast Dairy Compact Commission, 34 Barre Street, Suite 2, Montpelier, VT 05602. Telephone (802) 229-1941. You may also access the January 28, 1999 Federal Register publication (64 FR 4353) at for the proposed rule.


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