Milk in the Mideast Marketing Area; Order To Terminate Proceeding on Proposed Amendments to Marketing Agreement and Order, 43936-43937 [2011-18393]
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43936
Proposed Rules
Federal Register
Vol. 76, No. 141
Friday, July 22, 2011
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1000 and 1033
[Doc. No. AMS–DA–08–0049; AO–166–A77;
DA–08–06]
Milk in the Mideast Marketing Area;
Order To Terminate Proceeding on
Proposed Amendments to Marketing
Agreement and Order
AGENCY:
Agricultural Marketing Service,
USDA.
ACTION:
Termination of proceeding.
This action terminates a
rulemaking proceeding that proposed to
amend Class I prices for certain counties
of the Mideast milk marketing area.
Marketing conditions since the close of
the hearing on the proposal have
changed substantially, no longer
warranting a change.
SUMMARY:
The rulemaking proceeding is
terminated as of July 23, 2011.
DATES:
Erin
C. Taylor, Order Formulation and
Enforcement, USDA/AMS/Dairy
Programs, STOP 0231–Room 2971, 1400
Independence Avenue, SW.,
Washington, DC 20250–0231, (202) 720–
7311, e-mail address:
erin.taylor@usda.gov mailto:
gino.tosi@usda.gov.
FOR FURTHER INFORMATION CONTACT:
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 action terminates the rulemaking
proceeding concerning Class I prices for
the Mideast order. The proposal was
considered at a public hearing held
August 19–20, 2008. The Secretary
issued a recommended decision on the
proposed amendment on January 8,
2009, and it was published on January
14, 2009 (74 FR 1976).
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
17:15 Jul 21, 2011
Jkt 223001
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 the termination of this proceeding
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 production guideline of
500,000 pounds per month. Although
this guideline does not factor in
additional monies that may be received
by a dairy farm operation, 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.
During August 2008, the time of the
hearing, there were 7,376 dairy farms
pooled on the Mideast order. Of these,
approximately 6,927 dairy farms (or
93.9 percent) were considered small
businesses.
During August 2008, there were 53
handler operations associated with the
Mideast order (27 fully regulated
handlers, 9 partially regulated handlers,
2 producer-handlers and 15 exempt
handlers). Of these, approximately 43
handlers (or 81 percent) were
considered small businesses.
Minimum Class I prices are
determined in all Federal milk
marketing orders by adding a location
specific differential, referred to as a
‘‘Class I differential,’’ to the higher of an
advance Class III and Class IV price
announced by USDA. The proposed
amendments sought to increase the
Class I prices in the southern tier of
counties of the Mideast marketing area.
Minimum Class I prices charged to
regulated handlers are applied
uniformly to both large and small
entities.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
Because this action terminates the
rulemaking proceeding without
amending the Class I prices of the
Mideast marketing order, the economic
conditions of small entities remain
unchanged. This action does not change
reporting, record keeping, or other
compliance requirements.
Prior documents in this proceeding:
Notice of Hearing: Issued July 21,
2008; published July 24, 2008 (73 FR
43160).
Recommended Decision: Issued
January 8, 2009; published January 14,
2009 (74 FR 1976).
Preliminary Statement
A public hearing was held upon
proposed amendments to the marketing
agreements and orders regulating the
handling of milk in the Mideast
marketing area. The hearing was held,
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), Cincinnati,
Ohio, on August 19–20, 2008, pursuant
to a notice of hearing issued July 21,
2008, and published in the Federal
Register on July 24, 2008 (73 FR 43160).
Class I Prices
This action terminates the rulemaking
concerning proposed amendments to
the Class I prices of the Mideast
marketing order. A proposal published
in the hearing notice as Proposal 1
sought to increase the Class I prices up
to $0.20 per hundredweight in 110
counties in the southern portion of the
marketing area. USDA issued a
recommended decision on January 8,
2009, recommending the adoption of
Proposal 1, modified to recommend a
$0.20 increase in the Class I price at
Charleston, West Virginia.
The recommended decision was
based on three primary factors: (1) The
southern tier of counties in the Mideast
marketing area is a deficit region that
must rely on more distant milk to
service its fluid distributing plants; (2)
higher Class I prices brought about by
providing higher Class I price
adjustments in the Southeast,
Appalachian and Florida marketing
orders (southeastern orders) have
resulted in more milk servicing those
orders from farms located in the Mideast
marketing area; and (3) transportation
E:\FR\FM\22JYP1.SGM
22JYP1
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Proposed Rules
costs had increased such that the Class
I differentials did not offer sufficient
pricing incentives to cover the cost of
transporting milk from reserve northern
surplus regions to the deficit southern
region of the marketing area.
As noted in almost all the exceptions
to the recommended decision,
marketing conditions since the close of
the hearing have changed substantially
no longer warranting a change in the
Class I price surface of the Mideast
marketing area. Exceptions filed on
behalf of the proponents of Proposal 1
(Michigan Milk Producers Association,
Inc., Foremost Farms USA Cooperative,
Inc., National Farmers Organization
Inc., and Dairy Farmers of America,
Inc.) requested that USDA take no
action.
Termination of Proceeding
In view of the foregoing, it is hereby
determined that this proceeding with
respect to proposed amendment to the
Mideast order regarding Class I prices
should be and is hereby terminated.
List of Subjects in 7 CFR Parts 1000 and
1033
Milk marketing orders.
The authority citation for 7 CFR Parts
1000 and 1033 continues to read as
follows:
Authority: 7 U.S.C. 601–674, and 7253.
Dated: July 14, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–18393 Filed 7–21–11; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 73
[NRC–2011–0164]
Criminal Penalties for Unauthorized
Introduction of Weapons and Sabotage
Nuclear Regulatory
Commission.
ACTION: Request for comment; notice of
public Webinar.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is seeking input from the public,
licensees, certificate holders, Agreement
States, non-Agreement States, and other
stakeholders on whether to conduct
further rulemaking to implement the
criminal penalty provisions found
under Sections 229 and 236 of the
Atomic Energy Act of 1954, as amended
(AEA). To aid in that process, the NRC
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
17:15 Jul 21, 2011
Jkt 223001
is requesting comments on the issues
discussed in this document. While the
NRC has not initiated a rulemaking on
this subject, it is using the
conventionally established rulemaking
comment channels. Additionally, the
NRC will hold a public Webinar to
discuss these issues.
DATES: Submit comments on the issues
discussed in this document by October
20, 2011. Comments received after the
above date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date.
Please include Docket ID
NRC–2011–0164 in the subject line of
your comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site, https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed. You may submit
comments by any one of the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2011–0164. Address questions
about NRC dockets to Carol Gallagher,
telephone: 301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at 301–
492–3446.
You can access publicly available
documents related to this document
using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852.
ADDRESSES:
PO 00000
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Fmt 4702
Sfmt 4702
43937
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
• Federal Rulemaking Web site:
Public comments and supporting
materials related to this notice can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2011–
0164.
FOR FURTHER INFORMATION CONTACT: Mr.
Fritz Sturz, Office of Nuclear Security
and Incident Response, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6678; e-mail: Fritz.Sturz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 229 of the AEA provides
Federal criminal sanctions for the
wrongful introduction of weapons or
explosives into specified classes of
facilities, installations or real property
under the jurisdiction, administration,
in the custody of, or subject to the
licensing authority or certification by
the Commission. Similarly, Section 236
of the AEA provides Federal criminal
sanctions for sabotage of specified
classes of nuclear facilities or materials.
On August 8, 2005, President Bush
signed into law the Energy Policy Act of
2005 (EPAct), Public Law 109–58, 119
Stat. 594 (2005). Section 654 of the
EPAct, ‘‘Unauthorized Introduction of
Dangerous Weapons’’ (119 Stat. 812),
amended Section 229 of the AEA,
‘‘Trespass on Commission Installations’’
(42 U.S.C. 2278a), to broaden the list of
facilities covered by Section 229.
Similarly, Section 655 of the EPAct,
‘‘Sabotage of Nuclear Facilities, Fuel, or
Designated Material’’ (119 Stat. 594),
amended Section 236 of the AEA,
‘‘Sabotage of Nuclear Facilities or Fuel’’
(42 U.S.C. 2284), to broaden the list of
facilities that are covered by Section
236. Additionally, Section 655 of the
EPAct added a provision in Section
236(a) authorizing the NRC to identify
certain radioactive material or other
property for inclusion within the scope
of the criminal penalties in Section 236,
if the Commission determines by
rulemaking or order that such material
E:\FR\FM\22JYP1.SGM
22JYP1
]]>Agencies
[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Proposed Rules]
[Pages 43936-43937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18393]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 /
Proposed Rules
[[Page 43936]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1000 and 1033
[Doc. No. AMS-DA-08-0049; AO-166-A77; DA-08-06]
Milk in the Mideast Marketing Area; Order To Terminate Proceeding
on Proposed Amendments to Marketing Agreement and Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Termination of proceeding.
-----------------------------------------------------------------------
SUMMARY: This action terminates a rulemaking proceeding that proposed
to amend Class I prices for certain counties of the Mideast milk
marketing area. Marketing conditions since the close of the hearing on
the proposal have changed substantially, no longer warranting a change.
DATES: The rulemaking proceeding is terminated as of July 23, 2011.
FOR FURTHER INFORMATION CONTACT: Erin C. Taylor, Order Formulation and
Enforcement, USDA/AMS/Dairy Programs, STOP 0231-Room 2971, 1400
Independence Avenue, SW., Washington, DC 20250-0231, (202) 720-7311, e-
mail address: erin.taylor@usda.gov mailto: gino.tosi@usda.gov.
SUPPLEMENTARY INFORMATION: 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 action terminates the rulemaking proceeding concerning Class I
prices for the Mideast order. The proposal was considered at a public
hearing held August 19-20, 2008. The Secretary issued a recommended
decision on the proposed amendment on January 8, 2009, and it was
published on January 14, 2009 (74 FR 1976).
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 the
termination of this proceeding 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
production guideline of 500,000 pounds per month. Although this
guideline does not factor in additional monies that may be received by
a dairy farm operation, 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.
During August 2008, the time of the hearing, there were 7,376 dairy
farms pooled on the Mideast order. Of these, approximately 6,927 dairy
farms (or 93.9 percent) were considered small businesses.
During August 2008, there were 53 handler operations associated
with the Mideast order (27 fully regulated handlers, 9 partially
regulated handlers, 2 producer-handlers and 15 exempt handlers). Of
these, approximately 43 handlers (or 81 percent) were considered small
businesses.
Minimum Class I prices are determined in all Federal milk marketing
orders by adding a location specific differential, referred to as a
``Class I differential,'' to the higher of an advance Class III and
Class IV price announced by USDA. The proposed amendments sought to
increase the Class I prices in the southern tier of counties of the
Mideast marketing area. Minimum Class I prices charged to regulated
handlers are applied uniformly to both large and small entities.
Because this action terminates the rulemaking proceeding without
amending the Class I prices of the Mideast marketing order, the
economic conditions of small entities remain unchanged. This action
does not change reporting, record keeping, or other compliance
requirements.
Prior documents in this proceeding:
Notice of Hearing: Issued July 21, 2008; published July 24, 2008
(73 FR 43160).
Recommended Decision: Issued January 8, 2009; published January 14,
2009 (74 FR 1976).
Preliminary Statement
A public hearing was held upon proposed amendments to the marketing
agreements and orders regulating the handling of milk in the Mideast
marketing area. The hearing was held, 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), Cincinnati, Ohio, on August 19-20, 2008, pursuant to a notice of
hearing issued July 21, 2008, and published in the Federal Register on
July 24, 2008 (73 FR 43160).
Class I Prices
This action terminates the rulemaking concerning proposed
amendments to the Class I prices of the Mideast marketing order. A
proposal published in the hearing notice as Proposal 1 sought to
increase the Class I prices up to $0.20 per hundredweight in 110
counties in the southern portion of the marketing area. USDA issued a
recommended decision on January 8, 2009, recommending the adoption of
Proposal 1, modified to recommend a $0.20 increase in the Class I price
at Charleston, West Virginia.
The recommended decision was based on three primary factors: (1)
The southern tier of counties in the Mideast marketing area is a
deficit region that must rely on more distant milk to service its fluid
distributing plants; (2) higher Class I prices brought about by
providing higher Class I price adjustments in the Southeast,
Appalachian and Florida marketing orders (southeastern orders) have
resulted in more milk servicing those orders from farms located in the
Mideast marketing area; and (3) transportation
[[Page 43937]]
costs had increased such that the Class I differentials did not offer
sufficient pricing incentives to cover the cost of transporting milk
from reserve northern surplus regions to the deficit southern region of
the marketing area.
As noted in almost all the exceptions to the recommended decision,
marketing conditions since the close of the hearing have changed
substantially no longer warranting a change in the Class I price
surface of the Mideast marketing area. Exceptions filed on behalf of
the proponents of Proposal 1 (Michigan Milk Producers Association,
Inc., Foremost Farms USA Cooperative, Inc., National Farmers
Organization Inc., and Dairy Farmers of America, Inc.) requested that
USDA take no action.
Termination of Proceeding
In view of the foregoing, it is hereby determined that this
proceeding with respect to proposed amendment to the Mideast order
regarding Class I prices should be and is hereby terminated.
List of Subjects in 7 CFR Parts 1000 and 1033
Milk marketing orders.
The authority citation for 7 CFR Parts 1000 and 1033 continues to
read as follows:
Authority: 7 U.S.C. 601-674, and 7253.
Dated: July 14, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-18393 Filed 7-21-11; 8:45 am]
BILLING CODE 3410-02-P
