Milk in the Mideast Marketing Area; Order To Terminate Proceeding on Proposed Amendments to Marketing Agreement and Order, 43936-43937 [2011-18393]

Download as PDF 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, http:// 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 http://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 Frm 00002 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 http://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 http://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

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[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