Milk in the Northeast and Other Marketing Areas; Order Amending Orders, 28248-28249 [06-4590]

Download as PDF 28248 Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations issues resolved by the settlement agreement. (e) At the outset of mediation, the parties must agree to mediate in good faith. NRCS demonstrates good faith in the mediation process by, among other things: (1) Designating an NRCS representative in the mediation; (2) Making pertinent records available for review and discussion during the mediation; and (3) To the extent the NRCS representative does not have authority to bind the agency, directing the NRCS representative to forward in a timely manner any written agreement proposed in mediation to the appropriate NRCS official for consideration. (f) Mediator impartiality. (1) No person may serve as mediator in an adverse program dispute who has previously served as an advocate or representative for any party in the mediation. (2) No person serving as mediator in an adverse program dispute may thereafter serve as an advocate for a participant in any other proceeding arising from or related to the mediated dispute, including, without limitation, representation of a mediation participant before an administrative appeals entity of USDA or any other Federal agency. (g) Confidentiality. Mediation is a confidential process except for those limited exceptions permitted by the Administrative Dispute Resolution Act at 5 U.S.C. 574. All notes taken by participants (Mediator, Management Representative, Disputants, and Disputants’ Representative) during the mediation must be destroyed. As a condition of participation, the participants and any interested parties joining the mediation must agree to the confidentiality of the mediation process. The parties to mediation, including the mediator, will not testify in administrative or judicial proceedings concerning the issues discussed in mediation, nor submit any report or record of the mediation discussions, other than the mediation agreement or the mediation report, except as required by law. cprice-sewell on PROD1PC66 with RULES § 614.12 Transcripts. (a) No recordings shall be made of any hearing conducted under § 614.9. In order to obtain an official record of a hearing, a participant may obtain a verbatim transcript as provided in paragraph (b) of this section. (b) Any party to an informal hearing appeal under § 614.9 may request that a verbatim transcript is made of the hearing proceedings and that such VerDate Aug<31>2005 15:11 May 15, 2006 Jkt 208001 transcript is made the official record of the hearing. The party requesting a verbatim transcript must pay for the transcription service and provide a copy of the transcript to NRCS at no charge. § 614.13 Appealability review. A participant may request a review of a decision denying an appeal based upon appealability by submitting a written request to the appropriate State Conservationist as indicated in the decision notice. This written request must be received by the State Conservationist within 30 calendar days from the date the participant received notice from NRCS that a decision was not appealable. The State Conservationist will render a decision on appealability within 30 days of receipt of the participant’s review request. In the alternative, the participant may request review of the appealability decision by NAD pursuant to 7 CFR part 11. § 614.14 Computation of time. (a) The word ‘‘days’’ as used in this part means calendar days, unless specifically stated otherwise. (b) Deadlines for any action under this part, including deadlines for filing and decisions, which fall on a Saturday, Sunday, federal holiday or other day on which the relevant NRCS office is closed during normal business hours, will be extended to close of business the next working day. § 614.15 Implementation of final agency decisions. No later than 30 days after an agency decision becomes a final administrative decision of USDA, NRCS will implement the decision. § 614.16 Participation of third parties in NRCS proceedings. When an appeal is filed under this part, NRCS will notify any party third party whose interests may be affected of the right to participate as an appellant in the appeal. If the third party declines to participate then NRCS’s decision will be binding as to that third party as if the party had participated. § 614.17 Judicial review. A participant must receive a final determination from NAD pursuant to 7 CFR part 11 prior to seeking judicial review. Signed in Washington, DC, on May 8, 2006. Bruce I. Knight, Chief, Natural Resources Conservation Service, and Executive Vice President, Commodity Credit Corporation. [FR Doc. 06–4572 Filed 5–15–06; 8:45 am] BILLING CODE 3410–16–P PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 [Docket No. AO–14–A75, et al.; DA–06–06] Milk in the Northeast and Other Marketing Areas; Order Amending Orders Agricultural Marketing Service, USDA. ACTION: Final rule; re-interpretation. AGENCY: SUMMARY: This final rule amends the current ten Federal milk marketing orders issued under the Agricultural Marketing Agreement Act of 1937 (AMAA) to reflect a re-interpretation of the Milk Regulatory Equity Act of 2005, that was signed into law on April 11, 2006. Each order is amended to change the ‘‘April 11, 2006’’ in § 1___.7 to ‘‘May 1, 2006.’’ 7 CFR parts 1001 1005 1006 1007 1030 1032 1033 1124 1126 1131 Marketing area ... ... ... ... ... ... ... ... ... ... DATES: AO Nos. Northeast ............... Appalachian ........... Florida ................... Southeast .............. Upper Midwest ...... Central ................... Mideast .................. Pacific Northwest .. Southwest .............. Arizona .................. AO–14–A75 AO–388–A19 AO–356–A40 AO–366–A48 AO–361–A41 AO–313–A50 AO–166–A74 AO–368–A36 AO–231–A69 AO–271–A41 Effective Date: May 1, 2006. FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Associate Deputy Administrator for Order Formulation and Enforcement, USDA/AMS/Dairy Programs, Stop 0231–Room 2971–S, 1400 Independence Avenue, SW., Washington, DC 20250–0231, (202) 690– 1366, e-mail address: gino.tosi@usda.gov. This final rule re-interprets the provisions of the Milk Regulatory Equity Act of 2005 (Pub. L. 109–215, 120 Stat. 328), that amended the Agricultural Marketing Agreement Act of 1937 (AMAA). Due to the ambiguity of the legislative language and the Congressional intent as reflected in the floor debate and elsewhere, the Department has determined that the Federal milk marketing orders should be amended to reflect the complete removal of Nevada from any marketing area. Prior documents in this proceeding: Final Rule: Issued April 25, 2006; Published May 1, 2006 (71 FR 25495). SUPPLEMENTARY INFORMATION: E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations List of Subjects in 7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 Milk marketing orders. Order Relative to Handling It is therefore ordered, that on and after the effective date hereof, the handling of milk in each of the aforesaid marketing areas shall be in conformity to and in compliance with the terms and conditions of the orders, as hereby amended. I For the reasons set forth in the preamble and under the authority set for in Public Law 109–215, 120 Stat. 328, 7 CFR parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 are amended as follows: I 1. The authority citation for 7 CFR parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 continues to read as follows: I in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any nonFederally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusion: * * * * * PART 1006—MILK IN THE FLORIDA MARKETING AREA 4. Revise § 1006.7(h) introductory text to read as follows: I § 1006.7 Pool plant. * * * * * (h) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1006.2; * * * * * Authority: 7 U.S.C. 601–674, 7253, and P.L. 109–215, 120 Stat. 328. PART 1007—MILK IN THE SOUTHEAST MARKETING AREA PART 1001—MILK IN THE NORTHEAST MARKETING AREA I 2. Revise § 1001.7(d) introductory text to read as follows: § 1007.7 5. Revise § 1007.7(h) introductory text to read as follows: I § 1001.7 Pool plant. * * * * * (d) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1001.2; * * * * * * * * * (h) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1007.2; * * * * * § 1030.7 Pool plant. * * * * (g) Any distributing plant other than a plant qualified as a pool plant pursuant to paragraph § 1005.(7)(a) or paragraph (b) of this section or § ___.7(b) of any other Federal milk order or § 1005.(7)(e) or § 1000.(8)(a) or § 1000.(8)(e); located within the marketing area as described on May 1, 2006, in § 1005.2, from which there is route disposition and/or transfers of packaged fluid milk products in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred 15:11 May 15, 2006 Jkt 208001 § 1124.7 Pool plant. * * * * * (e) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1124.2; * * * * * PART 1126—MILK IN THE SOUTHWEST MARKETING AREA 10. Revise § 1126.7(h) introductory text to read as follows: I § 1126.7 Pool plant. * * * * * (h) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1126.2; * * * * * PART 1131—MILK IN THE ARIZONA MARKETING AREA § 1131.2 3. Revise § 1005.7(g) introductory text to read as follows: VerDate Aug<31>2005 9. Revise § 1124.7(e) introductory text to read as follows: I 6. Revise § 1030.7(d) introductory text to read as follows: I * PART 1124—MILK IN THE PACIFIC NORTHWEST MARKETING AREA I I § 1005.7 (j) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1033.2; * * * * * PART 1030—MILK IN THE UPPER MIDWEST MARKETING AREA PART 1005—MILK IN THE APPALACHIAN MARKETING AREA cprice-sewell on PROD1PC66 with RULES Pool plant. * 28249 Pool plant. * * * * * (d) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1030.2; * * * * * PART 1032—MILK IN THE CENTRAL MARKETING AREA 7. Revise § 1032.7(i) introductory text to read as follows: I § 1032.7 Pool plant. 11. Revise the part heading for part 1131 to read as set forth above. [Amended] 12. Revise the section heading for § 1131.2 to read as follows: I § 1131.2 Arizona marketing area. 13. Revise § 1131.7(h) introductory text to read as follows: I § 1131.7 Pool plant. * * * * * (h) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1131.2; * * * * * * * * * * (i) Any distributing plant, located within the marketing area as described on May 1, 2006, in § 1032.2; * * * * * Dated: May 12, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06–4590 Filed 5–12–06; 10:25 am] PART 1033—MILK IN THE MIDEAST MARKETING AREA BILLING CODE 3410–02–P 8. Revise § 1033.7(j) introductory text to read as follows: I § 1033.7 * PO 00000 * Pool plant. * Frm 00021 * Fmt 4700 * Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Rules and Regulations]
[Pages 28248-28249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4590]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, 
and 1131

[Docket No. AO-14-A75, et al.; DA-06-06]


Milk in the Northeast and Other Marketing Areas; Order Amending 
Orders

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; re-interpretation.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the current ten Federal milk marketing 
orders issued under the Agricultural Marketing Agreement Act of 1937 
(AMAA) to reflect a re-interpretation of the Milk Regulatory Equity Act 
of 2005, that was signed into law on April 11, 2006. Each order is 
amended to change the ``April 11, 2006'' in Sec.  1------.7 to ``May 1, 
2006.''

------------------------------------------------------------------------
    7 CFR parts           Marketing area                AO Nos.
------------------------------------------------------------------------
1001...............  Northeast...............  AO-14-A75
1005...............  Appalachian.............  AO-388-A19
1006...............  Florida.................  AO-356-A40
1007...............  Southeast...............  AO-366-A48
1030...............  Upper Midwest...........  AO-361-A41
1032...............  Central.................  AO-313-A50
1033...............  Mideast.................  AO-166-A74
1124...............  Pacific Northwest.......  AO-368-A36
1126...............  Southwest...............  AO-231-A69
1131...............  Arizona.................  AO-271-A41
------------------------------------------------------------------------


DATES: Effective Date: May 1, 2006.

FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Associate Deputy 
Administrator for Order Formulation and Enforcement, USDA/AMS/Dairy 
Programs, Stop 0231-Room 2971-S, 1400 Independence Avenue, SW., 
Washington, DC 20250-0231, (202) 690-1366, e-mail address: 
gino.tosi@usda.gov.

SUPPLEMENTARY INFORMATION: This final rule re-interprets the provisions 
of the Milk Regulatory Equity Act of 2005 (Pub. L. 109-215, 120 Stat. 
328), that amended the Agricultural Marketing Agreement Act of 1937 
(AMAA).
    Due to the ambiguity of the legislative language and the 
Congressional intent as reflected in the floor debate and elsewhere, 
the Department has determined that the Federal milk marketing orders 
should be amended to reflect the complete removal of Nevada from any 
marketing area.
    Prior documents in this proceeding:
    Final Rule: Issued April 25, 2006; Published May 1, 2006 (71 FR 
25495).

[[Page 28249]]

List of Subjects in 7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 
1033, 1124, 1126, and 1131

    Milk marketing orders.

Order Relative to Handling

0
It is therefore ordered, that on and after the effective date hereof, 
the handling of milk in each of the aforesaid marketing areas shall be 
in conformity to and in compliance with the terms and conditions of the 
orders, as hereby amended.
0
For the reasons set forth in the preamble and under the authority set 
for in Public Law 109-215, 120 Stat. 328, 7 CFR parts 1001, 1005, 1006, 
1007, 1030, 1032, 1033, 1124, 1126, and 1131 are amended as follows:
0
1. The authority citation for 7 CFR parts 1001, 1005, 1006, 1007, 1030, 
1032, 1033, 1124, 1126, and 1131 continues to read as follows:

    Authority: 7 U.S.C. 601-674, 7253, and P.L. 109-215, 120 Stat. 
328.

PART 1001--MILK IN THE NORTHEAST MARKETING AREA

0
2. Revise Sec.  1001.7(d) introductory text to read as follows:


Sec.  1001.7  Pool plant.

* * * * *
    (d) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1001.2;
* * * * *

PART 1005--MILK IN THE APPALACHIAN MARKETING AREA

0
3. Revise Sec.  1005.7(g) introductory text to read as follows:


Sec.  1005.7  Pool plant.

* * * * *
    (g) Any distributing plant other than a plant qualified as a pool 
plant pursuant to paragraph Sec.  1005.(7)(a) or paragraph (b) of this 
section or Sec.  ------.7(b) of any other Federal milk order or Sec.  
1005.(7)(e) or Sec.  1000.(8)(a) or Sec.  1000.(8)(e); located within 
the marketing area as described on May 1, 2006, in Sec.  1005.2, from 
which there is route disposition and/or transfers of packaged fluid 
milk products in any non-Federally regulated marketing area(s) located 
within one or more States that require handlers to pay minimum prices 
for raw milk provided that 25 percent or more of the total quantity of 
fluid milk products physically received at such plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) is disposed of as route disposition and/or is 
transferred in the form of packaged fluid milk products to other 
plants. At least 25 percent of such route disposition and/or transfers, 
in aggregate, are in any non-Federally regulated marketing area(s) 
located within one or more States that require handlers to pay minimum 
prices for raw milk. Subject to the following exclusion:
* * * * *

PART 1006--MILK IN THE FLORIDA MARKETING AREA

0
4. Revise Sec.  1006.7(h) introductory text to read as follows:


Sec.  1006.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1006.2;
* * * * *

PART 1007--MILK IN THE SOUTHEAST MARKETING AREA

0
5. Revise Sec.  1007.7(h) introductory text to read as follows:


Sec.  1007.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1007.2;
* * * * *

PART 1030--MILK IN THE UPPER MIDWEST MARKETING AREA

0
6. Revise Sec.  1030.7(d) introductory text to read as follows:


Sec.  1030.7  Pool plant.

* * * * *
    (d) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1030.2;
* * * * *

PART 1032--MILK IN THE CENTRAL MARKETING AREA

0
7. Revise Sec.  1032.7(i) introductory text to read as follows:


Sec.  1032.7  Pool plant.

* * * * *
    (i) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1032.2;
* * * * *

PART 1033--MILK IN THE MIDEAST MARKETING AREA

0
8. Revise Sec.  1033.7(j) introductory text to read as follows:


Sec.  1033.7  Pool plant.

* * * * *
    (j) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1033.2;
* * * * *

PART 1124--MILK IN THE PACIFIC NORTHWEST MARKETING AREA

0
9. Revise Sec.  1124.7(e) introductory text to read as follows:


Sec.  1124.7  Pool plant.

* * * * *
    (e) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1124.2;
* * * * *

PART 1126--MILK IN THE SOUTHWEST MARKETING AREA

0
10. Revise Sec.  1126.7(h) introductory text to read as follows:


Sec.  1126.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1126.2;
* * * * *

PART 1131--MILK IN THE ARIZONA MARKETING AREA

0
11. Revise the part heading for part 1131 to read as set forth above.


Sec.  1131.2  [Amended]

0
12. Revise the section heading for Sec.  1131.2 to read as follows:


Sec.  1131.2  Arizona marketing area.

0
13. Revise Sec.  1131.7(h) introductory text to read as follows:


Sec.  1131.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1131.2;
* * * * *

    Dated: May 12, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-4590 Filed 5-12-06; 10:25 am]
BILLING CODE 3410-02-P