Milk in the Northeast and Other Marketing Areas; Interim Order Amending the Orders, 78333-78335 [06-9943]

Download as PDF 78333 Rules and Regulations Federal Register Vol. 71, No. 250 Friday, December 29, 2006 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126 and 1131 [Docket No. AO–14–A74, et al.; DA–06–01] Milk in the Northeast and Other Marketing Areas; Interim Order Amending the Orders 7 CFR part 1001 1005 1006 1007 1030 1032 1033 1124 1126 1131 ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... Marketing area AO Nos. Northeast ........... Appalachian ....... Florida ................ Southeast ........... Upper Midwest ... Central ............... Mideast .............. Pacific Northwest Southwest .......... Arizona ............... AO–14–A74. AO–388–A18. AO–356–A39. AO–366–A47. AO–361–A40. AO–313–A49. AO–166–A73. AO–368–A35. AO–231–A68. AO–271–A40. Agricultural Marketing Service, USDA. ACTION: Interim final rule. rmajette on PROD1PC72 with RULES AGENCY: SUMMARY: This order amends the manufacturing (make) allowances contained in the Class III and Class IV product price formulas applicable to all Federal milk marketing orders. Specifically, this decision adopts the following make allowances: cheese— $0.1682 per pound; butter—$0.1202 per pound; nonfat dry milk (NFDM)— $0.1570 per pound; and dry whey— $0.1956 per pound. More than the required number of producers have approved the issuance of the interim orders as amended. DATES: Effective Date: February 1, 2007. FOR FURTHER INFORMATION CONTACT: Jack Rower, Marketing Specialist, USDA/ AMS/Dairy Programs, Order Formulation and Enforcement Branch, STOP 0231—Room 2971, 1400 Independence Ave., SW., Washington, VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 DC 20250–0231, (202) 720–2357, e-mail address: jack.rower@usda.gov. SUPPLEMENTARY INFORMATION: This administrative rule is governed by the provisions of Sections 556 and 557 of Title 5 of the United States Code and, therefore, is excluded from the requirements of Executive Order 12866. This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Agricultural Marketing Agreement Act of 1937 (the Act), as amended (7 U.S.C. 601–674), provides that administrative proceedings must be exhausted before parties may file suit in court. Under Section 608c(15)(a) of the Act, any handler subject to an order may request modification or exemption from such order by filing with the Department of Agriculture (Department) a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with the law. A handler is afforded the opportunity for a hearing on the petition. After a hearing, the Department would rule on the petition. The Act provides that the District Court of the United States in any district in which the handler is an inhabitant, or has its principal place of business, has jurisdiction in equity to review the Department’s ruling on the petition, provided a bill in equity is filed not later than 20 days after the date of the entry of the ruling. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this interim rule will not have a significant economic impact on a substantial number of small entities. For the purpose of the Regulatory Flexibility Act, a dairy farm is considered a ‘‘small business’’ if it has an annual gross revenue of less than $750,000, and a dairy products manufacturer is a ‘‘small business’’ if it has fewer than 500 employees. For the purposes of determining which dairy farms are ‘‘small PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 businesses,’’ the $750,000 per year criterion was used to establish a marketing guideline of 500,000 pounds per month. Although this guideline does not factor in additional monies that may be received by dairy producers, it should be an inclusive standard for most ‘‘small’’ dairy farmers. For purposes of determining a handler’s size, if the plant is part of a larger company operating multiple plants that collectively exceed the 500-employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees. For the month of January 2006, the month the initial public hearing was held, the milk of 52,570 dairy farmers was pooled on the Federal order system. Of the total, 49,153 dairy farmers, or 94 percent, were considered small businesses. During the same month, 536 plants were regulated by or reported their milk receipts to be pooled and priced on a Federal order. Of the total, 286 plants, or 53 percent, were considered small businesses. This decision provides that all orders be amended by changing the make allowances contained in the formulas used to compute component prices and the minimum class prices in all Federal milk orders. Specifically, the make allowance for butter would increase from $0.1150 to $0.1202 per pound; the make allowance for cheese would increase from $0.1650 to $0.1682 per pound; the make allowance for NFDM would increase from $0.1400 to $0.1570 per pound; and the make allowance for dry whey would increase from $0.1590 to $0.1956 per pound. The adoption of these new make allowances serves to approximate the average cost of producing cheese, butter, NFDM and dry whey for manufacturing plants located in Federal milk marketing areas. The established criteria for the make allowance changes are applied in an identical fashion to both large and small businesses and will not have any different impact on those businesses producing manufactured milk products. The Department’s economic analysis 1 discusses impacts of the order amendments on order participants 1 The Economic Analysis, Class III and Class IV Make Allowances, Tentative Final Decision is available on the Internet at http:// www.ams.usda.gov/dairy/proposals/ classIII_IV_make_all.htm. E:\FR\FM\29DER1.SGM 29DER1 78334 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations including producers and manufacturers. Based on the economic analysis, we have concluded that the proposed amendments will not have a significant economic impact on a substantial number of small entities. The Agricultural Marketing Service is committed to complying with the EGovernment Act to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. This action does not require additional information collection that requires clearance by the Office of Management and Budget (OMB) beyond currently approved information collection. The primary sources of data used to complete the forms are routinely used in most business transactions. Forms require only a minimal amount of information which can be supplied without data processing equipment or a trained statistical staff. Thus, the information collection and reporting burden is relatively small. Requiring the same reports for all handlers does not significantly disadvantage any handler that is smaller than the industry average. rmajette on PROD1PC72 with RULES Prior Documents in This Proceeding Notice of Hearing: Issued December 30, 2005; published January 5, 2006 (71 FR 545). Notice of Intent To Reconvene Hearing: Issued June 28, 2006; published June 23, 2006 (71 FR 36715). Notice To Reconvene Hearing: Issued August 31, 2006; published September 6, 2006 (71 FR 52502). Tentative Final Decision: Issued November 17, 2006; published November 22, 2006 (71 FR 67467). Findings and Determinations The findings and determinations hereinafter set forth supplement those that were made when the Northeast and other marketing orders were first issued and when they were amended. The previous findings and determinations are hereby ratified and confirmed, except where they may conflict with those set forth herein. The following findings are hereby made with respect to the Northeast and other aforesaid marketing orders: (a) Findings upon the basis of the hearing record. Pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), and the applicable rules of practice and procedure governing the formulation of marketing agreements and marketing orders (7 CFR part 900), a public hearing was held VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 upon certain proposed amendments to the tentative marketing agreements and to the orders regulating the handling of milk in the Northeast and other marketing areas. Upon the basis of the evidence introduced at such hearing and the record thereof, it is found that: (1) The said orders, as hereby amended on an interim basis, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act; (2) The parity prices of milk, as determined pursuant to Section 2 of the Act, are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions which affect market supply and demand for milk in the marketing areas, and the minimum prices specified in the orders, as hereby amended on an interim basis, are such prices as will reflect the aforesaid factors, ensure a sufficient quantity of pure and wholesome milk, and be in the public interest; and (3) The said orders, as hereby amended on an interim basis, regulate the handling of milk in the same manner as, and are applicable only to persons in the respective classes of industrial and commercial activity specified in, the marketing agreements upon which a hearing has been held. (b) Additional Findings. It is necessary and in the public interest to make these interim amendments to the Northeast and other marketing orders effective February 1, 2007. Any delay beyond that date would tend to disrupt the orderly marketing of milk in the aforesaid marketing areas. The interim amendments to this order are known to handlers. The tentative partial decision containing the proposed amendments to the orders was issued on November 17, 2006. The changes that result from these interim amendments will not require extensive preparation or substantial alteration in the method of operation for handlers. In view of the foregoing, it is hereby found and determined that good cause exists for making these interim order amendments effective on February 1, 2007. (c) Determinations. It is hereby determined that: (1) The refusal or failure of handlers (excluding cooperative associations specified in Section 8c(9) of the Act) of more than 50 percent of the milk, which is marketed within the specified marketing areas, to sign a proposed marketing agreement, tends to prevent the effectuation of the declared policy of the Act; (2) The issuance of this interim order amending the Northeast and other PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 marketing orders is the only practical means pursuant to the declared policy of the Act of advancing the interests of producers as defined in the orders as hereby amended; (3) The issuance of the interim order amending the Northeast and other marketing orders is favored by at least two-thirds of the producers who were engaged in the production of milk for sale in the respective marketing areas. List of Subjects in 7 CFR Parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 Milk marketing orders. Orders Relative to Handling It is therefore ordered, that on and after the effective date hereof, the handling of milk in the Northeast and other marketing areas shall be in conformity and in compliance with the terms and conditions of the orders, as amended, and as hereby further amended on an interim basis, as follows: I 1. The authority citation for 7 CFR parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 is revised to read as follows: I Authority: 7 U.S.C. 601–674, and 7253. PART 1000—GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS I I I I I I I 2. Section 1000.50 is amended by: a. Revising paragraph (l); b. Revising paragraph (m); c. Revising paragraph (n)(2); d. Revising paragraph (n)(3)(i); e. Revising paragraph (o); and f. Revising paragraph (q)(3). The revisions read as follows: § 1000.50 Class prices, component prices, and advanced pricing factors. * * * * * (l) Butterfat price. The butterfat price per pound, rounded to the nearest onehundredth cent, shall be the U.S. average NASS AA Butter survey price reported by the Department for the month, less 12.02 cents, with the result multiplied by 1.20. (m) Nonfat solids price. The nonfat solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS nonfat dry milk survey price reported by the Department for the month, less 15.70 and multiplying the result by 0.99. (n) * * * (1) * * * (2) Subtract 16.82 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.383; E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations RIN 1557–AD00 Act (CRA) regulations in August 2005. This change is technical only and does not make any substantive revisions. The agencies are also amending their CRA regulations to increase the asset-size threshold to be used to define ‘‘small bank’’ and ‘‘intermediate small bank.’’ The regulation is amended to state the increase in the threshold amount based on the annual percentage change in the Consumer Price Index. DATES: Effective January 1, 2007. FOR FURTHER INFORMATION CONTACT: OCC: Margaret Hesse, Special Counsel, Community and Consumer Law Division, (202) 874–5750; or Karen Tucker, National Bank Examiner, Compliance Division, (202) 874–4428, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. Board: Anjanette M. Kichline, Senior Supervisory Consumer Financial Services Analyst, (202) 785–6054; or Elizabeth A. Eurgubian, Attorney, (202) 452–3667, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. FDIC: Faye Murphy, Fair Lending Specialist, (202) 898–6613, CRA and Fair Lending Policy Section, Division of Supervision and Consumer Protection; or Susan van den Toorn, Counsel, Legal Division, (202) 898–8707, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. SUPPLEMENTARY INFORMATION: FEDERAL RESERVE SYSTEM Background (3) * * * (i) Subtract 16.82 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.572; and * * * (o) Other solids price. The other solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS dry whey survey price reported by the Department for the month minus 19.56 cents, with the result multiplied by 1.03. * * * (q) * * * (3) An advanced butterfat price per pound, rounded to the nearest onehundredth cent, shall be calculated by computing a weighted average of the 2 most recent U.S. average NASS AA Butter survey prices announced before the 24th day of the month, subtracting 12.02 cents from this average, and multiplying the result by 1.20. Dated: December 26, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06–9943 Filed 12–27–06; 9:53 am] BILLING CODE 3410–02–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 25 [Docket No. 06–18] 12 CFR Part 228 [Regulation BB; Docket No. R–1273] FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 345 RIN 3064–AD11 Community Reinvestment Act Regulations Office of the Comptroller of the Currency, Treasury (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC). ACTION: Joint final rule; technical correction. rmajette on PROD1PC72 with RULES AGENCIES: SUMMARY: The OCC, the Board, and the FDIC (collectively, the ‘‘agencies’’) are publishing this joint final rule to reinsert a provision that was inadvertently deleted when the agencies revised their Community Reinvestment VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 The agencies jointly are amending their regulations at 12 CFR parts 25, 228, and 345 implementing the CRA (12 U.S.C. 2901 et seq.) to make a technical correction related to regulatory changes that became effective on September 1, 2005 (70 FR 44256) and to publish an increase in the asset-size threshold for small and intermediate small banks as required by the regulations. The agencies will publish current and historical asset-size thresholds on the Web site of the Federal Financial Institutions Examination Council at http://www.ffiec.gov/cra/. Description of the Joint Final Rule The technical correction published today adds as paragraph (d) to §§ 25.26, 228.26, and 345.26 a provision stating, ‘‘The [agency] rates the performance of a bank evaluated under this section as provided in appendix A of this part.’’ No change in the evaluation or rating of small banks will result from reinserting the provision as new paragraph (d). The agencies find it important to make this PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 78335 technical correction in order to provide clarification and consistency with other similar provisions in parts 25, 228, and 345. The agencies’ CRA regulations, as revised on September 1, 2005, provide that banks that, as of December 31 of either of the prior two calendar years, had assets of less than $1 billion are ‘‘small banks.’’ Small banks with assets of at least $250 million as of December 31 of both of the prior two calendar years and less than $1 billion as of December 31 of either of the prior two calendar years are ‘‘intermediate small banks.’’ 12 CFR 25.12(u)(1), 228.12(u)(1), and 345.12(u)(1). The regulations further provide that the agencies will publish annual adjustments to these dollar figures based on the year-to-year change in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW), not seasonally adjusted, for each twelve-month period ending in November, with rounding to the nearest million. 12 CFR 25.12(u)(2), 228.12(u)(2), and 345.12(u)(2). During the period ending November 2006, the CPIW increased by 3.32 percent. As a result, the agencies are revising §§ 25.12(u)(1), 228.12(u)(1), and 345.12(u)(1) to make this annual adjustment. Beginning January 1, 2007, banks that, as of December 31 of either of the prior two calendar years, had assets of less than $1.033 billion are ‘‘small banks.’’ Small banks with assets of at least $258 million as of December 31 of both of the prior two calendar years and less than $1.033 billion as of December 31 of either of the prior two calendar years are ‘‘intermediate small banks.’’ Administrative Procedure Act and Effective Date Under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), an agency may, for good cause, find (and incorporate the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. With regard to the revision adding back the paragraph referring to appendix A: Appendix A to the agencies’ regulations describes the CRA ratings system for each performance test under the regulations and provides specific information on what institutions must demonstrate in order to achieve a particular rating. Prior to the regulatory changes adopted in 2005, each provision in the agencies’ regulations describing a performance test included a paragraph stating that E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Rules and Regulations]
[Pages 78333-78335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9943]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / 
Rules and Regulations

[[Page 78333]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 
1126 and 1131

[Docket No. AO-14-A74, et al.; DA-06-01]


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

------------------------------------------------------------------------
           7 CFR part              Marketing area          AO Nos.
------------------------------------------------------------------------
1001...........................  Northeast........  AO-14-A74.
1005...........................  Appalachian......  AO-388-A18.
1006...........................  Florida..........  AO-356-A39.
1007...........................  Southeast........  AO-366-A47.
1030...........................  Upper Midwest....  AO-361-A40.
1032...........................  Central..........  AO-313-A49.
1033...........................  Mideast..........   AO-166-A73.
1124...........................  Pacific Northwest  AO-368-A35.
1126...........................  Southwest........  AO-231-A68.
1131...........................  Arizona..........  AO-271-A40.
------------------------------------------------------------------------

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule.

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

SUMMARY: This order amends the manufacturing (make) allowances 
contained in the Class III and Class IV product price formulas 
applicable to all Federal milk marketing orders. Specifically, this 
decision adopts the following make allowances: cheese--$0.1682 per 
pound; butter--$0.1202 per pound; nonfat dry milk (NFDM)--$0.1570 per 
pound; and dry whey--$0.1956 per pound. More than the required number 
of producers have approved the issuance of the interim orders as 
amended.

DATES: Effective Date: February 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jack Rower, Marketing Specialist, 
USDA/AMS/Dairy Programs, Order Formulation and Enforcement Branch, STOP 
0231--Room 2971, 1400 Independence Ave., SW., Washington, DC 20250-
0231, (202) 720-2357, e-mail address: jack.rower@usda.gov.

SUPPLEMENTARY INFORMATION: This administrative rule is governed by the 
provisions of Sections 556 and 557 of Title 5 of the United States Code 
and, therefore, is excluded from the requirements of Executive Order 
12866.
    This interim rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not intended to have a retroactive 
effect. This rule will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule.
    The Agricultural Marketing Agreement Act of 1937 (the Act), as 
amended (7 U.S.C. 601-674), provides that administrative proceedings 
must be exhausted before parties may file suit in court. Under Section 
608c(15)(a) of the Act, any handler subject to an order may request 
modification or exemption from such order by filing with the Department 
of Agriculture (Department) a petition stating that the order, any 
provision of the order, or any obligation imposed in connection with 
the order is not in accordance with the law. A handler is afforded the 
opportunity for a hearing on the petition. After a hearing, the 
Department would rule on the petition. The Act provides that the 
District Court of the United States in any district in which the 
handler is an inhabitant, or has its principal place of business, has 
jurisdiction in equity to review the Department's ruling on the 
petition, provided a bill in equity is filed not later than 20 days 
after the date of the entry of the ruling.

Regulatory Flexibility Act and Paperwork Reduction Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the Agricultural Marketing Service has considered the economic 
impact of this action on small entities and has certified that this 
interim rule will not have a significant economic impact on a 
substantial number of small entities. For the purpose of the Regulatory 
Flexibility Act, a dairy farm is considered a ``small business'' if it 
has an annual gross revenue of less than $750,000, and a dairy products 
manufacturer is a ``small business'' if it has fewer than 500 
employees.
    For the purposes of determining which dairy farms are ``small 
businesses,'' the $750,000 per year criterion was used to establish a 
marketing guideline of 500,000 pounds per month. Although this 
guideline does not factor in additional monies that may be received by 
dairy producers, it should be an inclusive standard for most ``small'' 
dairy farmers. For purposes of determining a handler's size, if the 
plant is part of a larger company operating multiple plants that 
collectively exceed the 500-employee limit, the plant will be 
considered a large business even if the local plant has fewer than 500 
employees.
    For the month of January 2006, the month the initial public hearing 
was held, the milk of 52,570 dairy farmers was pooled on the Federal 
order system. Of the total, 49,153 dairy farmers, or 94 percent, were 
considered small businesses. During the same month, 536 plants were 
regulated by or reported their milk receipts to be pooled and priced on 
a Federal order. Of the total, 286 plants, or 53 percent, were 
considered small businesses.
    This decision provides that all orders be amended by changing the 
make allowances contained in the formulas used to compute component 
prices and the minimum class prices in all Federal milk orders. 
Specifically, the make allowance for butter would increase from $0.1150 
to $0.1202 per pound; the make allowance for cheese would increase from 
$0.1650 to $0.1682 per pound; the make allowance for NFDM would 
increase from $0.1400 to $0.1570 per pound; and the make allowance for 
dry whey would increase from $0.1590 to $0.1956 per pound.
    The adoption of these new make allowances serves to approximate the 
average cost of producing cheese, butter, NFDM and dry whey for 
manufacturing plants located in Federal milk marketing areas.
    The established criteria for the make allowance changes are applied 
in an identical fashion to both large and small businesses and will not 
have any different impact on those businesses producing manufactured 
milk products. The Department's economic analysis \1\ discusses impacts 
of the order amendments on order participants

[[Page 78334]]

including producers and manufacturers. Based on the economic analysis, 
we have concluded that the proposed amendments will not have a 
significant economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \1\ The Economic Analysis, Class III and Class IV Make 
Allowances, Tentative Final Decision is available on the Internet at 
http://www.ams.usda.gov/dairy/proposals/classIII_IV_make_all.htm.
---------------------------------------------------------------------------

    The Agricultural Marketing Service is committed to complying with 
the E-Government Act to promote the use of the Internet and other 
information technologies to provide increased opportunities for citizen 
access to Government information and services, and for other purposes.
    This action does not require additional information collection that 
requires clearance by the Office of Management and Budget (OMB) beyond 
currently approved information collection. The primary sources of data 
used to complete the forms are routinely used in most business 
transactions. Forms require only a minimal amount of information which 
can be supplied without data processing equipment or a trained 
statistical staff. Thus, the information collection and reporting 
burden is relatively small. Requiring the same reports for all handlers 
does not significantly disadvantage any handler that is smaller than 
the industry average.

Prior Documents in This Proceeding

    Notice of Hearing: Issued December 30, 2005; published January 5, 
2006 (71 FR 545).
    Notice of Intent To Reconvene Hearing: Issued June 28, 2006; 
published June 23, 2006 (71 FR 36715).
    Notice To Reconvene Hearing: Issued August 31, 2006; published 
September 6, 2006 (71 FR 52502).
    Tentative Final Decision: Issued November 17, 2006; published 
November 22, 2006 (71 FR 67467).

Findings and Determinations

    The findings and determinations hereinafter set forth supplement 
those that were made when the Northeast and other marketing orders were 
first issued and when they were amended. The previous findings and 
determinations are hereby ratified and confirmed, except where they may 
conflict with those set forth herein.
    The following findings are hereby made with respect to the 
Northeast and other aforesaid marketing orders:
    (a) Findings upon the basis of the hearing record. Pursuant to the 
provisions of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), and the applicable rules of practice and 
procedure governing the formulation of marketing agreements and 
marketing orders (7 CFR part 900), a public hearing was held upon 
certain proposed amendments to the tentative marketing agreements and 
to the orders regulating the handling of milk in the Northeast and 
other marketing areas.
    Upon the basis of the evidence introduced at such hearing and the 
record thereof, it is found that:
    (1) The said orders, as hereby amended on an interim basis, and all 
of the terms and conditions thereof, will tend to effectuate the 
declared policy of the Act;
    (2) The parity prices of milk, as determined pursuant to Section 2 
of the Act, are not reasonable in view of the price of feeds, available 
supplies of feeds, and other economic conditions which affect market 
supply and demand for milk in the marketing areas, and the minimum 
prices specified in the orders, as hereby amended on an interim basis, 
are such prices as will reflect the aforesaid factors, ensure a 
sufficient quantity of pure and wholesome milk, and be in the public 
interest; and
    (3) The said orders, as hereby amended on an interim basis, 
regulate the handling of milk in the same manner as, and are applicable 
only to persons in the respective classes of industrial and commercial 
activity specified in, the marketing agreements upon which a hearing 
has been held.
    (b) Additional Findings. It is necessary and in the public interest 
to make these interim amendments to the Northeast and other marketing 
orders effective February 1, 2007. Any delay beyond that date would 
tend to disrupt the orderly marketing of milk in the aforesaid 
marketing areas.
    The interim amendments to this order are known to handlers. The 
tentative partial decision containing the proposed amendments to the 
orders was issued on November 17, 2006.
    The changes that result from these interim amendments will not 
require extensive preparation or substantial alteration in the method 
of operation for handlers. In view of the foregoing, it is hereby found 
and determined that good cause exists for making these interim order 
amendments effective on February 1, 2007.
    (c) Determinations. It is hereby determined that:
    (1) The refusal or failure of handlers (excluding cooperative 
associations specified in Section 8c(9) of the Act) of more than 50 
percent of the milk, which is marketed within the specified marketing 
areas, to sign a proposed marketing agreement, tends to prevent the 
effectuation of the declared policy of the Act;
    (2) The issuance of this interim order amending the Northeast and 
other marketing orders is the only practical means pursuant to the 
declared policy of the Act of advancing the interests of producers as 
defined in the orders as hereby amended;
    (3) The issuance of the interim order amending the Northeast and 
other marketing orders is favored by at least two-thirds of the 
producers who were engaged in the production of milk for sale in the 
respective marketing areas.

List of Subjects in 7 CFR Parts 1000, 1001, 1005, 1006, 1007, 1030, 
1032, 1033, 1124, 1126, and 1131

    Milk marketing orders.

Orders Relative to Handling

0
It is therefore ordered, that on and after the effective date hereof, 
the handling of milk in the Northeast and other marketing areas shall 
be in conformity and in compliance with the terms and conditions of the 
orders, as amended, and as hereby further amended on an interim basis, 
as follows:
0
1. The authority citation for 7 CFR parts 1000, 1001, 1005, 1006, 1007, 
1030, 1032, 1033, 1124, 1126, and 1131 is revised to read as follows:

    Authority: 7 U.S.C. 601-674, and 7253.

PART 1000--GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS

0
2. Section 1000.50 is amended by:
0
a. Revising paragraph (l);
0
b. Revising paragraph (m);
0
c. Revising paragraph (n)(2);
0
d. Revising paragraph (n)(3)(i);
0
e. Revising paragraph (o); and
0
f. Revising paragraph (q)(3).
    The revisions read as follows:


Sec.  1000.50  Class prices, component prices, and advanced pricing 
factors.

* * * * *
    (l) Butterfat price. The butterfat price per pound, rounded to the 
nearest one-hundredth cent, shall be the U.S. average NASS AA Butter 
survey price reported by the Department for the month, less 12.02 
cents, with the result multiplied by 1.20.
    (m) Nonfat solids price. The nonfat solids price per pound, rounded 
to the nearest one-hundredth cent, shall be the U.S. average NASS 
nonfat dry milk survey price reported by the Department for the month, 
less 15.70 and multiplying the result by 0.99.
    (n) * * *
    (1) * * *
    (2) Subtract 16.82 cents from the price computed pursuant to 
paragraph (n)(1) of this section and multiply the result by 1.383;

[[Page 78335]]

    (3) * * *
    (i) Subtract 16.82 cents from the price computed pursuant to 
paragraph (n)(1) of this section and multiply the result by 1.572; and 
* * *
    (o) Other solids price. The other solids price per pound, rounded 
to the nearest one-hundredth cent, shall be the U.S. average NASS dry 
whey survey price reported by the Department for the month minus 19.56 
cents, with the result multiplied by 1.03. * * *
    (q) * * *
    (3) An advanced butterfat price per pound, rounded to the nearest 
one-hundredth cent, shall be calculated by computing a weighted average 
of the 2 most recent U.S. average NASS AA Butter survey prices 
announced before the 24th day of the month, subtracting 12.02 cents 
from this average, and multiplying the result by 1.20.

    Dated: December 26, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-9943 Filed 12-27-06; 9:53 am]
BILLING CODE 3410-02-P