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