Milk in the Northeast and Other Marketing Areas; Order Amending the Orders, 21157-21161 [2010-9402]
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21157
Rules and Regulations
Federal Register
Vol. 75, No. 78
Friday, April 23, 2010
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 1001, 1005, 1006, 1007,
1030, 1032, 1033, 1124, 1126, and 1131
[Doc. No. AMS–DA–09–0007; AO–14–A78,
et al.; DA–09–02]
Milk in the Northeast and Other
Marketing Areas; Order Amending the
Orders
AGENCY:
Agricultural Marketing Service,
USDA
ACTION:
Final rule.
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SUMMARY: This final rule amends the
producer-handler definitions of all
Federal milk marketing orders to limit
exemption from pooling and pricing
provisions to those with total route
disposition and sales of packaged fluid
milk products to other plants of 3
million pounds or less per month. The
exempt plant definition will continue to
limit disposition of Class I milk
products to 150,000 pounds or less per
month. A referendum was held and the
required number of producers approved
the issuance of the orders as amended.
DATES: Effective Date: June 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Gino M. Tosi or Jack Rower, Senior
Marketing Specialists, Order
Formulation and Enforcement Branch,
USDA/AMS/Dairy Programs, STOP
0231–Room 2971, 1400 Independence
Avenue, SW., Washington, DC 20250–
0231, (202) 720–2357, e-mail addresses:
gino.tosi@ams.usda.gov and
jack.rower@ams.usda.gov.
This final
rule amends the producer-handler
provisions of all Federal milk marketing
orders to limit exemption from pooling
and pricing to those with total route
disposition and packaged sales of fluid
milk products to other plants of 3
million pounds or less per month. The
SUPPLEMENTARY INFORMATION:
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exempt plant definition will continue to
limit disposition of Class I milk
products to 150,000 pounds or less per
month.
Accordingly, this final rule adopts
proposed amendments detailed in the
final decision (75 FR 10122).
This administrative action 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 final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have a retroactive effect.
The Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674) (AMAA), provides that
administrative proceedings must be
exhausted before parties may file suit in
court. Under section 608c(15)(A) of the
AMAA, any handler subject to an order
may request modification or exemption
from such order by filing with the
Department of Agriculture (USDA) 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, USDA would rule on the
petition. The AMAA 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 USDA’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. 601–612), the
Agricultural Marketing Service has
considered the economic impact of this
action on small entities and has certified
that this rule would not have a
significant economic impact on a
substantial number of small entities. For
the purposes 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
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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 farms. 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.
Producer-handlers are dairy farms
that process their own milk production.
These entities must operate one or more
dairy farms as a pre-condition to
operating processing plants as producerhandlers. The size of the dairy farm(s)
determines the production level of the
operation and is a controlling factor in
the capacity of the processing plant and
possible sales volume associated with
the producer-handler entity.
Determining whether a producerhandler is considered a small or large
business is therefore dependent on the
capacity of its dairy farm(s), where a
producer-handler with annual gross
revenue in excess of $750,000 is
considered a large business.
The amendments to the producerhandler provisions will obligate some
large producer-handlers under the
Federal milk marketing order system to
the same terms as other fully regulated
handlers of their respective orders
provided they meet the criteria for
qualification as fully regulated plants.
Entities currently defined as producerhandlers under the terms of their order
will be subject to the pooling and
pricing provisions of the order if their
total route disposition of fluid milk
products and sales of packaged fluid
milk products to other plants exceeds 3
million pounds per month.
Producer-handlers with total route
disposition and sales of packaged fluid
milk products to other plants of 3
million pounds or less during the month
will not be subject to the pooling and
pricing provisions of any order as a
result of this rulemaking. To the extent
that current producer-handlers have
route disposition of fluid milk products
and sales of packaged fluid milk
products to other plants outside of the
order’s marketing areas, such route
disposition and sales to other plants
will be subject to the pooling and
pricing provisions of the orders if total
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route disposition and sales to other
plants cause them to become fully
regulated.
If current producer-handlers have
total route disposition and packaged
sales of fluid milk products of more
than 3 million pounds during a month,
such producer-handlers will be
regulated under the pooling and pricing
provisions of the orders like other fully
regulated handlers. Such large
producer-handlers will account to the
pool for their uses of milk at the
applicable minimum class prices and
pay the difference between their usevalue of milk and the blend price of the
order to that order’s producer-settlement
fund.
While this may cause an economic
impact on those entities with more than
three million pounds of route sales and
sales to other plants that are currently
considered producer-handlers under the
Federal order system, the impact is
offset by the benefit to other small
businesses. With respect to dairy farms
whose milk is pooled on Federal
marketing orders, such dairy farms who
have not heretofore shared in the
additional revenue that accrues from the
marketwide pooling of Class I sales by
producer-handlers will share in such
revenue. All producer-handlers who
dispose of more than three million
pounds of fluid milk products per
month will account to all market
participants at the announced Federal
order Class I price for such use.
To the extent that some large
producer-handlers become subject to the
pooling and pricing provisions of
Federal milk marketing orders, such
will be determined by their capacity as
handlers. Such entities will no longer
face the restrictions necessary to
maintain producer-handler status and
the resulting exemption from the
pooling and pricing provisions of the
orders. In general, this includes being
able to buy or acquire any quantity of
milk from dairy farmers or other
handlers instead of being limited by the
current constraints of the orders.
Additionally, the burden of balancing
their milk production is relieved. Milk
production in excess of what is needed
to satisfy their Class I route disposition
and sales to other plants may receive the
minimum price protection established
under the terms of the Federal milk
marketing orders. The burden of
balancing milk supplies will be borne
by all producers and handlers under the
terms of the orders.
During May 2009, the month in which
the public hearing was held, the
Northeast order had 57 pool distributing
plants, 10 pool supply plants, 16
partially regulated distributing plants,
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13 producer-handler plants and 40
exempt plants. Of the 83 regulated
plants, 49 plants or 59 percent were
considered large businesses. Of the
13,050 dairy farmers whose milk was
pooled on the order, 628 farms or 5
percent were considered large
businesses and 12,422 farms or 95
percent of dairy farms in the Northeast
order were considered small businesses.
Most of these dairy farms, large and
small, could benefit by receiving a
higher blend price, if the monthly limit
of 3 million pounds of total Class I route
disposition and sales of packaged fluid
milk to other plants is adopted for
producer-handlers.
During May 2009, the Appalachian
order had 21 pool distributing plants, 1
pool supply plant, 2 partially regulated
distributing plants, 1 producer-handler
plant and 4 exempt plants. Of the 24
regulated plants, 21 plants or 88 percent
were considered large businesses. Of the
2,516 dairy farmers whose milk was
pooled on the order, 159 farms or 6
percent were considered large
businesses and 2,357 farms or 94
percent of dairy farms in the
Appalachian order were considered
small businesses. Most of these dairy
farms, large and small, could benefit by
receiving a higher blend price, if the
monthly limit of 3 million pounds of
total Class I route disposition and sales
of packaged fluid milk to other plants is
adopted for producer-handlers.
During May 2009, the Florida order
had 11 pool distributing plants, 5
partially regulated distributing plants
and 2 exempt plants. The order had no
pool supply plants or producer-handler
plants as of May 2009. Of the 16
regulated plants, 12 plants or 75 percent
were considered large businesses. Of the
249 dairy farmers whose milk was
pooled on the order, 105 farms or 42
percent were considered large
businesses and 144 farms or 58 percent
of dairy farms in the Florida order were
considered small businesses. Most of
these dairy farms, large and small, could
benefit by receiving a higher blend
price, if the monthly limit of 3 million
pounds of total Class I route disposition
and sales of packaged fluid milk to other
plants is adopted for producer-handlers.
During May 2009, the Southeast order
had 22 pool distributing plants, 3 pool
supply plants, 6 partially regulated
distributing plants and 12 exempt
plants. The order had no producerhandler plants as of May 2009. Of the
31 regulated plants, 28 plants or 90
percent were considered large
businesses. Of the 2,992 dairy farmers
whose milk was pooled on the order,
187 farms or 6 percent were considered
large businesses and 2,805 farms or 94
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percent of dairy farms in the Southeast
order were considered small businesses.
Most of these dairy farms, large and
small, could benefit by receiving a
higher blend price, if the monthly limit
of 3 million pounds of total Class I route
disposition and sales of packaged fluid
milk to other plants is adopted for
producer-handlers.
During May 2009, the Upper Midwest
order had 24 pool distributing plants, 53
pool supply plants, 2 partially regulated
distributing plants, 5 producer-handler
plants and 11 exempt plants. Of the 79
regulated plants, 37 plants or 47 percent
were considered large businesses. Of the
15,336 dairy farmers whose milk was
pooled on the order, 1,001 farms or 7
percent were considered large
businesses and 14,335 farms or 93
percent of dairy farms in the Upper
Midwest order were considered small
businesses. Most of these dairy farms,
large and small, could benefit by
receiving a higher blend price, if the
monthly limit of 3 million pounds of
total Class I route disposition and sales
of packaged fluid milk to other plants is
adopted for producer-handlers.
During May 2009, the Central order
had 30 pool distributing plants, 12 pool
supply plants, 1 partially regulated
distributing plant, 7 producer-handler
plants and 19 exempt plants. Of the 43
regulated plants, 35 plants or 81 percent
were considered large businesses. Of the
3,600 dairy farmers whose milk was
pooled on the order, 413 farms or 11
percent were considered large
businesses and 3,187 farms or 89
percent of dairy farms in the Central
order were considered small businesses.
Most of these dairy farms, large and
small, could benefit by receiving a
higher blend price, if the monthly limit
of 3 million pounds of total Class I route
disposition and sales of packaged fluid
milk to other plants is adopted for
producer-handlers.
During May 2009, the Mideast order
had 22 pool distributing plants, 2 pool
supply plants, 4 partially regulated
distributing plants, 1 producer-handler
plant and 17 exempt plants. Of the 28
regulated plants, 8 plants or 29 percent
were considered large businesses. Of the
7,238 dairy farmers whose milk was
pooled on the order, 504 farms or 7
percent were considered large
businesses and 6,734 farms or 93
percent of dairy farms in the Mideast
order were considered small businesses.
Most of these dairy farms, large and
small, could benefit by receiving a
higher blend price, if the monthly limit
of 3 million pounds of total Class I route
disposition and sales of packaged fluid
milk to other plants is adopted for
producer-handlers.
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During May 2009, the Pacific
Northwest order had 15 pool
distributing plants, 8 pool supply
plants, 13 partially regulated
distributing plants, 5 producer-handler
plants and 2 exempt plants. Of the 36
regulated plants, 20 plants or 56 percent
were considered large business. Of the
657 dairy farmers whose milk was
pooled on the order, 326 farms or 50
percent were considered large
businesses. Because the Pacific
Northwest order already fully regulates
producer-handlers with monthly route
distribution in excess of three million
pounds per month, the action will have
a minimal effect on small farmers whose
milk is pooled on the order.
During May 2009, the Southwest
order had 19 pool distributing plants, 2
pool supply plants, 1 partially regulated
distributing plant, 5 producer-handler
plants and 2 exempt plants. Of the 79
regulated plants, 19 plants or 86 percent
were considered large businesses. Of the
588 dairy farmers whose milk was
pooled on the order, 318 farms or 54
percent were considered large
businesses and 270 farms or 46 percent
of dairy farms in the Southeast order
were considered small businesses. Most
of these dairy farms, large and small,
could benefit by receiving a higher
blend price, if the monthly limit of 3
million pounds of total Class I route
disposition and sales of packaged fluid
milk to other plants is adopted for
producer-handlers.
During May 2009, the Arizona order
had 5 pool distributing plants, 1 pool
supply plant, 15 partially regulated
distributing plants and 1 exempt plant.
The order had no producer-handler
plants as of May 2009. Of the 21
regulated plants, 13 plants or 62 percent
were considered large businesses. Of the
100 dairy farmers whose milk was
pooled on the order, 95 farms or 95
percent were considered large
businesses. Because the Arizona order
already fully regulates producerhandlers with monthly route
distribution in excess of 3 million
pounds, the action will have a minimal
effect on small farmers whose milk is
pooled on the order.
As of May 2009, in their capacity as
producers, 15 producer-handlers would
be considered large producers as their
annual marketings exceed 6 million
pounds of milk (500,000 pounds per
month). During the same month, 22
producer-handlers would be considered
small producers. Record evidence
indicates that as of March 2009, seven
large producer-handlers had total route
sales of two million pounds or more per
month. Therefore, seven or fewer large
producer-handlers could potentially
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become subject to the pooling and
pricing provisions of Federal milk
marketing orders because of route
disposition of more than three million
pounds per month.
This final rule amends the producerhandler provisions of all Federal milk
marketing orders to limit exemption
from pooling and pricing to those with
total route disposition and packaged
sales of fluid milk products to other
plants of 3 million pounds or less per
month. The exempt plant definition
continues to limit disposition of Class I
milk products to 150,000 pounds or less
per month. Based on the above analysis,
USDA has concluded that the
amendments will not have a negative
impact on small entities and may in fact
benefit small and large dairy producers.
The Agricultural Marketing Service
(AMS) 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.
A review of reporting requirements
was completed under the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35). It was determined that
these amendments would have minimal
impact on reporting, recordkeeping, or
other compliance requirements for
entities currently considered producerhandlers under Federal milk marketing
orders because they would remain
identical to the current requirements
applicable to all other regulated
handlers who are subject to the pooling
and pricing provisions. No new forms
are proposed and no additional
reporting requirements would be
necessary.
This notice does not require
additional information collection that
needs 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 that 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 April 3,
2009; published April 9, 2009 (74 FR
16296).
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21159
Recommended Decision: Issued
October 15, 2009; published October 21,
2009 (74 FR 54383).
Final Decision: Issued February 18,
2010; published March 4, 2010 (75 FR
10122).
Findings and Determinations
The findings and determinations
hereinafter set forth supplement those
that were made when the 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 marketing orders:
(a) Findings Upon the Basis of the
Hearing Record
A public hearing was held with regard
to certain proposed amendments to the
tentative marketing agreements and to
the orders regulating the handling of
milk in the Northeast and other
marketing areas. The hearing was held
pursuant to the provisions of the AMAA
and the applicable rules of practice and
procedure (7 CFR part 900).
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, and all of the terms and
conditions thereof, will tend to
effectuate the declared policy of the
AMAA;
(2) The parity prices of milk, as
determined pursuant to section 2 of the
AMAA, 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 aforesaid marketing
areas. The minimum prices specified in
the orders as hereby amended are such
prices as will reflect the aforesaid
factors, insure a sufficient quantity of
pure and wholesome milk, and be in the
public interest;
(3) The said orders, as hereby
amended, regulate the handling of milk
in the same manner as, and are
applicable only to persons in the
respective classes of industrial or
commercial activity specified in, the
marketing agreements upon which a
hearing has been held; and
(4) All milk and milk products
handled by handlers, as defined in the
tentative marketing agreements and the
orders as hereby amended, are in the
current of interstate commerce or
directly burden, obstruct, or affect
interstate commerce in milk or its
products.
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(b) Additional Findings
The amendments to these orders are
known to handlers. The final decision
containing the proposed amendments to
this order was issued on February 18,
2010 and published in the Federal
Register on March 4, 2010 (75 FR
10122).
The changes that result from these
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 amendments effective
following June 1, 2010. (Section 553(d),
Administrative Procedures Act, 5 U.S.C.
551–559.)
(c) Determinations
It is hereby determined that:
(1) The refusal or failure of handlers
(excluding cooperative associations
specified in section 8c(9) of the AMAA)
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 AMAA;
(2) The issuance of this order
amending the Northeast and other
orders is the only practical means
pursuant to the declared policy of the
AMAA of advancing the interests of
producers as defined in the orders as
hereby amended; and
(3) The issuance of this order
amending the Northeast and other
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 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 the Northeast and
other marketing areas shall be in
conformity to and in compliance with
the terms and conditions of the orders,
as amended, and as hereby amended, as
follows:
■ For reasons set forth in the preamble,
7 CFR parts 1001, 1005, 1006, 1007,
1030, 1032, 1033, 1124, 1126, and 1131
are amended as follows:
■ 1. The authority citation for 7 CFR
parts 1001, 1005, 1006, 1007, 1030,
1032, 1033, 1124, 1126, and 1131
continues to read as follows:
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■
Authority: 7 U.S.C. 601–674, and 7253.
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Jkt 220001
PART 1001—MILK IN THE
NORTHEAST MARKETING AREA
2. Amend § 1001.10 by revising
paragraph (a) to read as follows:
■
§ 1001.10
Producer-handler.
*
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
month does not exceed 3 million
pounds;
*
*
*
*
*
PART 1005—MILK IN THE
APPALACHIAN MARKETING AREA
3. Amend § 1005.10 by revising
paragraph (a) to read as follows:
■
§ 1005.10
Producer-handler.
*
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
month does not exceed 3 million
pounds;
*
*
*
*
*
month does not exceed 3 million
pounds;
*
*
*
*
*
PART 1030—MILK IN THE UPPER
MIDWEST MARKETING AREA
6. Amend § 1030.10 by revising
paragraph (a) to read as follows:
■
§ 1030.10
Producer-handler.
*
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
month does not exceed 3 million
pounds;
*
*
*
*
*
PART 1032—MILK IN THE CENTRAL
MARKETING AREA
7. Amend § 1032.10 by revising
paragraph (a) to read as follows:
■
§ 1032.10
Producer-handler.
PART 1006—MILK IN THE FLORIDA
MARKETING AREA
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
month does not exceed 3 million
pounds;
*
*
*
*
*
4. Amend § 1006.10 by revising
paragraph (a) to read as follows:
PART 1033—MILK IN THE MIDEAST
MARKETING AREA
§ 1006.10
■
■
Producer-handler.
*
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
month does not exceed 3 million
pounds;
*
*
*
*
*
PART 1007—MILK IN THE SOUTHEAST
MARKETING AREA
5. Amend § 1007.10 by revising
paragraph (a) to read as follows:
■
§ 1007.10
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
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Sfmt 4700
8. Amend § 1033.10 by revising
paragraph (a) to read as follows:
§ 1033.10
Producer-handler.
*
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
month does not exceed 3 million
pounds;
*
*
*
*
*
PART 1124—MILK IN THE PACIFIC
NORTHWEST MARKETING AREA
9. Revise § 1124.10 introductory text
to read as follows:
■
Producer-handler.
*
*
§ 1124.10
Producer-handler.
Producer-handler means a person
who operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
from which total route disposition and
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packaged sales of fluid milk products to
other plants during the month does not
exceed 3 million pounds, and who the
market administrator has designated a
producer-handler after determining that
all of the requirements of this section
have been met.
*
*
*
*
*
DEPARTMENT OF TRANSPORTATION
PART 1126—MILK IN THE
SOUTHWEST MARKETING AREA
RIN 2120–AA64
10. Amend § 1126.10 by revising
paragraph (a) to read as follows:
Producer-handler.
*
*
*
*
*
(a) Operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
and from which total route disposition
and packaged sales of fluid milk
products to other plants during the
month does not exceed 3 million
pounds;
*
*
*
*
*
PART 1131—MILK IN THE ARIZONA
MARKETING AREA
11. Revise § 1131.10 introductory text
to read as follows:
■
§ 1131.10
Producer-handler.
Producer-handler means a person
who operates a dairy farm and a
distributing plant from which there is
route disposition in the marketing area,
from which total route disposition and
packaged sales of fluid milk products to
other plants during the month does not
exceed 3 million pounds, and who the
market administrator has designated a
producer-handler after determining that
all of the requirements of this section
have been met.
*
*
*
*
*
Dated: April 19, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–9402 Filed 4–22–10; 8:45 am]
mstockstill on DSKH9S0YB1PROD with RULES
BILLING CODE P
VerDate Nov<24>2008
15:47 Apr 22, 2010
Jkt 220001
14 CFR Part 39
[Docket No. FAA–2009–0502; Directorate
Identifier 2009–NE–02–AD; Amendment 39–
16273; AD 2010–09–08]
Airworthiness Directives; General
Electric Company (GE) CJ610 Series
Turbojet Engines and CF700 Series
Turbofan Engines
■
§ 1126.10
Federal Aviation Administration
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for GE
CJ610 series turbojet engines and CF700
turbofan engines with AFT
Technologies combustion liners, part
number (P/N) AFT–5016T30G02. This
AD requires removing from service, AFT
Technologies combustion liners, P/N
AFT–5016T30G02. This AD results from
a report of an AFT Technologies
combustion liner that released a large
section of the inner combustion liner
and reports of six combustion liners
with premature cracks. We are issuing
this AD to prevent premature cracks in
the combustion liner, which could
release pieces of the inner combustion
liner. A release of pieces of the inner
combustion liner could cause an
uncontained failure of the engine
turbine and damage to the airplane.
DATES: This AD becomes effective May
28, 2010.
ADDRESSES: The Docket Operations
office is located at Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001.
FOR FURTHER INFORMATION CONTACT:
Norman Perenson, Aerospace Engineer,
New York Aircraft Certification Office,
FAA, Engine & Propeller Directorate,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; e-mail:
norman.perenson@faa.gov; telephone
(516) 228–7337; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend 14 CFR part 39 with
a proposed AD. The proposed AD
applies to GE CJ610 series turbojet
engines and CF700 turbofan engines
with AFT Technologies combustion
liners, P/N AFT–5016T30G02 installed.
We published the proposed AD in the
Federal Register on September 9, 2009
(74 FR 46395). That action proposed to
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
21161
require replacing combustion liners, P/
N AFT–5016T30G02:
• Before they accumulate 200 hourssince-new (HSN) or 300 cycles-sincenew (CSN), or
• Within 15 hours-in-service or 10
cycles-in-service, after the effective date
of this AD, whichever occurs first, if the
combustion liner has already exceeded
200 HSN or 300 CSN.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is provided in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Agrees With the Proposed AD
One commenter agrees with the AD.
Request To Replace ‘‘* * * Other
Products of the Same Type Design’’
One commenter, AFT Technologies,
asks us to replace ‘‘* * * other products
of the same type design’’ with ‘‘* * *
other products of the same
manufacture.’’ The commenter feels
‘‘The A.D. inadvertently suggests that
despite PMA approval to manufacture
the subject part, it’s failure or potential
for failure is the result of a design
defect, as opposed to an equally
possible manufacturing or assembly
defect.’’ And that the AD requires
clarification.
We do not agree that there is any need
to distinguish between design and
manufacture in the AD. The regulation
that controls type design, 14 CFR part
21.31, defines type design as design and
manufacture. In addition, we didn’t
make any conclusion as to the cause of
the excessive cracking. Determination of
the cracking is the responsibility of the
PMA holder. As stated in the discussion
of the proposed rule, ‘‘The PMA holder
has not been able to determine the cause
of the premature combustion liner
failure.’’ Also, the statement ‘‘* * *
other products of the same type design’’
appears only in the NPRM preamble
section ‘‘FAA’s Determination and
Requirements of the Proposed AD.’’ That
E:\FR\FM\23APR1.SGM
23APR1
Agencies
[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Rules and Regulations]
[Pages 21157-21161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9402]
========================================================================
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. 75, No. 78 / Friday, April 23, 2010 / Rules
and Regulations
[[Page 21157]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126,
and 1131
[Doc. No. AMS-DA-09-0007; AO-14-A78, et al.; DA-09-02]
Milk in the Northeast and Other Marketing Areas; Order Amending
the Orders
AGENCY: Agricultural Marketing Service, USDA
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the producer-handler definitions of all
Federal milk marketing orders to limit exemption from pooling and
pricing provisions to those with total route disposition and sales of
packaged fluid milk products to other plants of 3 million pounds or
less per month. The exempt plant definition will continue to limit
disposition of Class I milk products to 150,000 pounds or less per
month. A referendum was held and the required number of producers
approved the issuance of the orders as amended.
DATES: Effective Date: June 1, 2010.
FOR FURTHER INFORMATION CONTACT: Gino M. Tosi or Jack Rower, Senior
Marketing Specialists, Order Formulation and Enforcement Branch, USDA/
AMS/Dairy Programs, STOP 0231-Room 2971, 1400 Independence Avenue, SW.,
Washington, DC 20250-0231, (202) 720-2357, e-mail addresses:
gino.tosi@ams.usda.gov and jack.rower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final rule amends the producer-handler
provisions of all Federal milk marketing orders to limit exemption from
pooling and pricing to those with total route disposition and packaged
sales of fluid milk products to other plants of 3 million pounds or
less per month. The exempt plant definition will continue to limit
disposition of Class I milk products to 150,000 pounds or less per
month.
Accordingly, this final rule adopts proposed amendments detailed in
the final decision (75 FR 10122).
This administrative action 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 final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have a retroactive
effect.
The Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674) (AMAA), provides that administrative proceedings must
be exhausted before parties may file suit in court. Under section
608c(15)(A) of the AMAA, any handler subject to an order may request
modification or exemption from such order by filing with the Department
of Agriculture (USDA) 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, USDA would rule on the
petition. The AMAA 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
USDA'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-
612), the Agricultural Marketing Service has considered the economic
impact of this action on small entities and has certified that this
rule would not have a significant economic impact on a substantial
number of small entities. For the purposes 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 farms. 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.
Producer-handlers are dairy farms that process their own milk
production. These entities must operate one or more dairy farms as a
pre-condition to operating processing plants as producer-handlers. The
size of the dairy farm(s) determines the production level of the
operation and is a controlling factor in the capacity of the processing
plant and possible sales volume associated with the producer-handler
entity. Determining whether a producer-handler is considered a small or
large business is therefore dependent on the capacity of its dairy
farm(s), where a producer-handler with annual gross revenue in excess
of $750,000 is considered a large business.
The amendments to the producer-handler provisions will obligate
some large producer-handlers under the Federal milk marketing order
system to the same terms as other fully regulated handlers of their
respective orders provided they meet the criteria for qualification as
fully regulated plants. Entities currently defined as producer-handlers
under the terms of their order will be subject to the pooling and
pricing provisions of the order if their total route disposition of
fluid milk products and sales of packaged fluid milk products to other
plants exceeds 3 million pounds per month.
Producer-handlers with total route disposition and sales of
packaged fluid milk products to other plants of 3 million pounds or
less during the month will not be subject to the pooling and pricing
provisions of any order as a result of this rulemaking. To the extent
that current producer-handlers have route disposition of fluid milk
products and sales of packaged fluid milk products to other plants
outside of the order's marketing areas, such route disposition and
sales to other plants will be subject to the pooling and pricing
provisions of the orders if total
[[Page 21158]]
route disposition and sales to other plants cause them to become fully
regulated.
If current producer-handlers have total route disposition and
packaged sales of fluid milk products of more than 3 million pounds
during a month, such producer-handlers will be regulated under the
pooling and pricing provisions of the orders like other fully regulated
handlers. Such large producer-handlers will account to the pool for
their uses of milk at the applicable minimum class prices and pay the
difference between their use-value of milk and the blend price of the
order to that order's producer-settlement fund.
While this may cause an economic impact on those entities with more
than three million pounds of route sales and sales to other plants that
are currently considered producer-handlers under the Federal order
system, the impact is offset by the benefit to other small businesses.
With respect to dairy farms whose milk is pooled on Federal marketing
orders, such dairy farms who have not heretofore shared in the
additional revenue that accrues from the marketwide pooling of Class I
sales by producer-handlers will share in such revenue. All producer-
handlers who dispose of more than three million pounds of fluid milk
products per month will account to all market participants at the
announced Federal order Class I price for such use.
To the extent that some large producer-handlers become subject to
the pooling and pricing provisions of Federal milk marketing orders,
such will be determined by their capacity as handlers. Such entities
will no longer face the restrictions necessary to maintain producer-
handler status and the resulting exemption from the pooling and pricing
provisions of the orders. In general, this includes being able to buy
or acquire any quantity of milk from dairy farmers or other handlers
instead of being limited by the current constraints of the orders.
Additionally, the burden of balancing their milk production is
relieved. Milk production in excess of what is needed to satisfy their
Class I route disposition and sales to other plants may receive the
minimum price protection established under the terms of the Federal
milk marketing orders. The burden of balancing milk supplies will be
borne by all producers and handlers under the terms of the orders.
During May 2009, the month in which the public hearing was held,
the Northeast order had 57 pool distributing plants, 10 pool supply
plants, 16 partially regulated distributing plants, 13 producer-handler
plants and 40 exempt plants. Of the 83 regulated plants, 49 plants or
59 percent were considered large businesses. Of the 13,050 dairy
farmers whose milk was pooled on the order, 628 farms or 5 percent were
considered large businesses and 12,422 farms or 95 percent of dairy
farms in the Northeast order were considered small businesses. Most of
these dairy farms, large and small, could benefit by receiving a higher
blend price, if the monthly limit of 3 million pounds of total Class I
route disposition and sales of packaged fluid milk to other plants is
adopted for producer-handlers.
During May 2009, the Appalachian order had 21 pool distributing
plants, 1 pool supply plant, 2 partially regulated distributing plants,
1 producer-handler plant and 4 exempt plants. Of the 24 regulated
plants, 21 plants or 88 percent were considered large businesses. Of
the 2,516 dairy farmers whose milk was pooled on the order, 159 farms
or 6 percent were considered large businesses and 2,357 farms or 94
percent of dairy farms in the Appalachian order were considered small
businesses. Most of these dairy farms, large and small, could benefit
by receiving a higher blend price, if the monthly limit of 3 million
pounds of total Class I route disposition and sales of packaged fluid
milk to other plants is adopted for producer-handlers.
During May 2009, the Florida order had 11 pool distributing plants,
5 partially regulated distributing plants and 2 exempt plants. The
order had no pool supply plants or producer-handler plants as of May
2009. Of the 16 regulated plants, 12 plants or 75 percent were
considered large businesses. Of the 249 dairy farmers whose milk was
pooled on the order, 105 farms or 42 percent were considered large
businesses and 144 farms or 58 percent of dairy farms in the Florida
order were considered small businesses. Most of these dairy farms,
large and small, could benefit by receiving a higher blend price, if
the monthly limit of 3 million pounds of total Class I route
disposition and sales of packaged fluid milk to other plants is adopted
for producer-handlers.
During May 2009, the Southeast order had 22 pool distributing
plants, 3 pool supply plants, 6 partially regulated distributing plants
and 12 exempt plants. The order had no producer-handler plants as of
May 2009. Of the 31 regulated plants, 28 plants or 90 percent were
considered large businesses. Of the 2,992 dairy farmers whose milk was
pooled on the order, 187 farms or 6 percent were considered large
businesses and 2,805 farms or 94 percent of dairy farms in the
Southeast order were considered small businesses. Most of these dairy
farms, large and small, could benefit by receiving a higher blend
price, if the monthly limit of 3 million pounds of total Class I route
disposition and sales of packaged fluid milk to other plants is adopted
for producer-handlers.
During May 2009, the Upper Midwest order had 24 pool distributing
plants, 53 pool supply plants, 2 partially regulated distributing
plants, 5 producer-handler plants and 11 exempt plants. Of the 79
regulated plants, 37 plants or 47 percent were considered large
businesses. Of the 15,336 dairy farmers whose milk was pooled on the
order, 1,001 farms or 7 percent were considered large businesses and
14,335 farms or 93 percent of dairy farms in the Upper Midwest order
were considered small businesses. Most of these dairy farms, large and
small, could benefit by receiving a higher blend price, if the monthly
limit of 3 million pounds of total Class I route disposition and sales
of packaged fluid milk to other plants is adopted for producer-
handlers.
During May 2009, the Central order had 30 pool distributing plants,
12 pool supply plants, 1 partially regulated distributing plant, 7
producer-handler plants and 19 exempt plants. Of the 43 regulated
plants, 35 plants or 81 percent were considered large businesses. Of
the 3,600 dairy farmers whose milk was pooled on the order, 413 farms
or 11 percent were considered large businesses and 3,187 farms or 89
percent of dairy farms in the Central order were considered small
businesses. Most of these dairy farms, large and small, could benefit
by receiving a higher blend price, if the monthly limit of 3 million
pounds of total Class I route disposition and sales of packaged fluid
milk to other plants is adopted for producer-handlers.
During May 2009, the Mideast order had 22 pool distributing plants,
2 pool supply plants, 4 partially regulated distributing plants, 1
producer-handler plant and 17 exempt plants. Of the 28 regulated
plants, 8 plants or 29 percent were considered large businesses. Of the
7,238 dairy farmers whose milk was pooled on the order, 504 farms or 7
percent were considered large businesses and 6,734 farms or 93 percent
of dairy farms in the Mideast order were considered small businesses.
Most of these dairy farms, large and small, could benefit by receiving
a higher blend price, if the monthly limit of 3 million pounds of total
Class I route disposition and sales of packaged fluid milk to other
plants is adopted for producer-handlers.
[[Page 21159]]
During May 2009, the Pacific Northwest order had 15 pool
distributing plants, 8 pool supply plants, 13 partially regulated
distributing plants, 5 producer-handler plants and 2 exempt plants. Of
the 36 regulated plants, 20 plants or 56 percent were considered large
business. Of the 657 dairy farmers whose milk was pooled on the order,
326 farms or 50 percent were considered large businesses. Because the
Pacific Northwest order already fully regulates producer-handlers with
monthly route distribution in excess of three million pounds per month,
the action will have a minimal effect on small farmers whose milk is
pooled on the order.
During May 2009, the Southwest order had 19 pool distributing
plants, 2 pool supply plants, 1 partially regulated distributing plant,
5 producer-handler plants and 2 exempt plants. Of the 79 regulated
plants, 19 plants or 86 percent were considered large businesses. Of
the 588 dairy farmers whose milk was pooled on the order, 318 farms or
54 percent were considered large businesses and 270 farms or 46 percent
of dairy farms in the Southeast order were considered small businesses.
Most of these dairy farms, large and small, could benefit by receiving
a higher blend price, if the monthly limit of 3 million pounds of total
Class I route disposition and sales of packaged fluid milk to other
plants is adopted for producer-handlers.
During May 2009, the Arizona order had 5 pool distributing plants,
1 pool supply plant, 15 partially regulated distributing plants and 1
exempt plant. The order had no producer-handler plants as of May 2009.
Of the 21 regulated plants, 13 plants or 62 percent were considered
large businesses. Of the 100 dairy farmers whose milk was pooled on the
order, 95 farms or 95 percent were considered large businesses. Because
the Arizona order already fully regulates producer-handlers with
monthly route distribution in excess of 3 million pounds, the action
will have a minimal effect on small farmers whose milk is pooled on the
order.
As of May 2009, in their capacity as producers, 15 producer-
handlers would be considered large producers as their annual marketings
exceed 6 million pounds of milk (500,000 pounds per month). During the
same month, 22 producer-handlers would be considered small producers.
Record evidence indicates that as of March 2009, seven large producer-
handlers had total route sales of two million pounds or more per month.
Therefore, seven or fewer large producer-handlers could potentially
become subject to the pooling and pricing provisions of Federal milk
marketing orders because of route disposition of more than three
million pounds per month.
This final rule amends the producer-handler provisions of all
Federal milk marketing orders to limit exemption from pooling and
pricing to those with total route disposition and packaged sales of
fluid milk products to other plants of 3 million pounds or less per
month. The exempt plant definition continues to limit disposition of
Class I milk products to 150,000 pounds or less per month. Based on the
above analysis, USDA has concluded that the amendments will not have a
negative impact on small entities and may in fact benefit small and
large dairy producers.
The Agricultural Marketing Service (AMS) 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.
A review of reporting requirements was completed under the
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). It was
determined that these amendments would have minimal impact on
reporting, recordkeeping, or other compliance requirements for entities
currently considered producer-handlers under Federal milk marketing
orders because they would remain identical to the current requirements
applicable to all other regulated handlers who are subject to the
pooling and pricing provisions. No new forms are proposed and no
additional reporting requirements would be necessary.
This notice does not require additional information collection that
needs 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 that
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 April 3, 2009; published April 9, 2009
(74 FR 16296).
Recommended Decision: Issued October 15, 2009; published October
21, 2009 (74 FR 54383).
Final Decision: Issued February 18, 2010; published March 4, 2010
(75 FR 10122).
Findings and Determinations
The findings and determinations hereinafter set forth supplement
those that were made when the 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 marketing orders:
(a) Findings Upon the Basis of the Hearing Record
A public hearing was held with regard to certain proposed
amendments to the tentative marketing agreements and to the orders
regulating the handling of milk in the Northeast and other marketing
areas. The hearing was held pursuant to the provisions of the AMAA and
the applicable rules of practice and procedure (7 CFR part 900).
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, and all of the terms and
conditions thereof, will tend to effectuate the declared policy of the
AMAA;
(2) The parity prices of milk, as determined pursuant to section 2
of the AMAA, 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 aforesaid marketing areas. The
minimum prices specified in the orders as hereby amended are such
prices as will reflect the aforesaid factors, insure a sufficient
quantity of pure and wholesome milk, and be in the public interest;
(3) The said orders, as hereby amended, regulate the handling of
milk in the same manner as, and are applicable only to persons in the
respective classes of industrial or commercial activity specified in,
the marketing agreements upon which a hearing has been held; and
(4) All milk and milk products handled by handlers, as defined in
the tentative marketing agreements and the orders as hereby amended,
are in the current of interstate commerce or directly burden, obstruct,
or affect interstate commerce in milk or its products.
[[Page 21160]]
(b) Additional Findings
The amendments to these orders are known to handlers. The final
decision containing the proposed amendments to this order was issued on
February 18, 2010 and published in the Federal Register on March 4,
2010 (75 FR 10122).
The changes that result from these 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 amendments
effective following June 1, 2010. (Section 553(d), Administrative
Procedures Act, 5 U.S.C. 551-559.)
(c) Determinations
It is hereby determined that:
(1) The refusal or failure of handlers (excluding cooperative
associations specified in section 8c(9) of the AMAA) 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 AMAA;
(2) The issuance of this order amending the Northeast and other
orders is the only practical means pursuant to the declared policy of
the AMAA of advancing the interests of producers as defined in the
orders as hereby amended; and
(3) The issuance of this order amending the Northeast and other
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 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 the Northeast and other marketing areas shall
be in conformity to and in compliance with the terms and conditions of
the orders, as amended, and as hereby amended, as follows:
0
For reasons set forth in the preamble, 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, and 7253.
PART 1001--MILK IN THE NORTHEAST MARKETING AREA
0
2. Amend Sec. 1001.10 by revising paragraph (a) to read as follows:
Sec. 1001.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1005--MILK IN THE APPALACHIAN MARKETING AREA
0
3. Amend Sec. 1005.10 by revising paragraph (a) to read as follows:
Sec. 1005.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1006--MILK IN THE FLORIDA MARKETING AREA
0
4. Amend Sec. 1006.10 by revising paragraph (a) to read as follows:
Sec. 1006.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1007--MILK IN THE SOUTHEAST MARKETING AREA
0
5. Amend Sec. 1007.10 by revising paragraph (a) to read as follows:
Sec. 1007.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1030--MILK IN THE UPPER MIDWEST MARKETING AREA
0
6. Amend Sec. 1030.10 by revising paragraph (a) to read as follows:
Sec. 1030.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1032--MILK IN THE CENTRAL MARKETING AREA
0
7. Amend Sec. 1032.10 by revising paragraph (a) to read as follows:
Sec. 1032.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1033--MILK IN THE MIDEAST MARKETING AREA
0
8. Amend Sec. 1033.10 by revising paragraph (a) to read as follows:
Sec. 1033.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1124--MILK IN THE PACIFIC NORTHWEST MARKETING AREA
0
9. Revise Sec. 1124.10 introductory text to read as follows:
Sec. 1124.10 Producer-handler.
Producer-handler means a person who operates a dairy farm and a
distributing plant from which there is route disposition in the
marketing area, from which total route disposition and
[[Page 21161]]
packaged sales of fluid milk products to other plants during the month
does not exceed 3 million pounds, and who the market administrator has
designated a producer-handler after determining that all of the
requirements of this section have been met.
* * * * *
PART 1126--MILK IN THE SOUTHWEST MARKETING AREA
0
10. Amend Sec. 1126.10 by revising paragraph (a) to read as follows:
Sec. 1126.10 Producer-handler.
* * * * *
(a) Operates a dairy farm and a distributing plant from which there
is route disposition in the marketing area, and from which total route
disposition and packaged sales of fluid milk products to other plants
during the month does not exceed 3 million pounds;
* * * * *
PART 1131--MILK IN THE ARIZONA MARKETING AREA
0
11. Revise Sec. 1131.10 introductory text to read as follows:
Sec. 1131.10 Producer-handler.
Producer-handler means a person who operates a dairy farm and a
distributing plant from which there is route disposition in the
marketing area, from which total route disposition and packaged sales
of fluid milk products to other plants during the month does not exceed
3 million pounds, and who the market administrator has designated a
producer-handler after determining that all of the requirements of this
section have been met.
* * * * *
Dated: April 19, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-9402 Filed 4-22-10; 8:45 am]
BILLING CODE P