Milk in the Northeast and Other Marketing Areas; Order Amending the Orders, 24334-24336 [2013-09819]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with RULES 24334 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations the Small Business Administration (SBA) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those whose annual receipts are less than $750,000 (13 CFR 121.201). Based on Committee data and information from the National Agricultural Statistics Service, the average annual f.o.b. price of cranberries during the 2010 season was approximately $46.50 per barrel and total shipments were approximately 6.8 million barrels. As a percentage, about 18 percent of the handlers shipped approximately 6.5 million barrels of cranberries. Using the average f.o.b. price and shipment data, about 82 percent of cranberry handlers could be considered small businesses under SBA’s definition. In addition, based on production and producer prices and the total number of cranberry growers, the average grower revenue is less than $750,000. Therefore, the majority of growers and handlers of cranberries may be considered small entities. This rule continues in effect the action that revised the reporting requirements prescribed under the cranberry marketing order. This rule revises § 929.105 by changing the due date for the third reporting period from August 20 to July 20. To accommodate the new due date, this rule also adjusts the end date for the timeframe covered under the third period reporting from July 31 to June 30 for cranberries acquired and handled, and from August 1 to June 30 for reporting inventory held. These changes will help ensure the Committee has current and complete information available for discussion during its annual August meeting, while providing handlers sufficient time to submit their Handler Inventory Report (Form HIR). The authority for these actions is provided in § 929.62. These changes were unanimously recommended by the Committee at a meeting on August 31, 2011. It is not anticipated that this action will impose any additional costs on the industry nor will it change the reporting and recordkeeping burden on handlers. Having current and complete information available during the Committee’s August meeting will assist the Committee when making decisions regarding the administration of the order. The benefits of this rule are not expected to be disproportionately greater or less for small handlers or growers than for large entities. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the order’s information collection requirements have been previously approved by the Office of VerDate Mar<15>2010 14:12 Apr 24, 2013 Jkt 229001 Management and Budget (OMB) and assigned OMB No. 0581–0189, Generic Fruit Crops. Because this revision changes neither the content of the Handler Inventory Report (Form HIR) nor its calculated burden, no changes in OMB requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large cranberry handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee’s meeting was widely publicized throughout the cranberry industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the August 31, 2011, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. Comments on the interim rule were required to be received on or before October 29, 2012. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: https:// www.regulations.gov/ #!documentDetail;D=AMS-FV-12-00020001. This action also affirms information contained in the interim rule concerning Executive Orders 12866 and 12988, the Paperwork Reduction Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (77 FR 52595, August 30, 2012) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 929 Cranberries, Marketing agreements, Reporting and recordkeeping requirements. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 PART 929—CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN, MINNESOTA, OREGON, WASHINGTON, AND LONG ISLAND IN THE STATE OF NEW YORK Accordingly, the interim rule that amended 7 CFR part 929 and that was published at 77 FR 52595 on August 30, 2012, is adopted as a final rule, without change. ■ Dated: April 22, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2013–09817 Filed 4–24–13; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1000 [Doc. no. AMS–DA–07–0026; AO–14–A77, et al.; DA–07–02] Milk in the Northeast and Other Marketing Areas; Order Amending the Orders Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This final rule permanently adopts changes to the manufacturing cost allowances and the butterfat yield factor used in Class III and Class IV product-price formulas applicable to all Federal milk marketing orders. These amendments were adopted by an interim final rule issued on July 25, 2008, that became effective on October 1, 2008. More than the required number of producers approved the issuance of the orders as amended. DATES: Effective Date: July 1, 2013. FOR FURTHER INFORMATION CONTACT: William Francis, Director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Programs, Order Formulation and Enforcement, Stop 0231-Room 2971–S 1400 Independence Avenue SW., Washington, DC 20250– 0231, (202) 720–7183, email address: william.francis@ams.usda.gov. SUMMARY: This final rule finalizes manufacturing (make) allowances for cheese, butter, nonfat dry milk (NFDM) and dry whey contained in the Class III and Class IV product price formulas that were implemented October 1, 2008, on an interim basis. Specifically, this decision finalizes the following make allowances: cheese SUPPLEMENTARY INFORMATION: E:\FR\FM\25APR1.SGM 25APR1 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES ($0.2003 per pound); butter ($0.1715 per pound); NFDM ($0.1678 per pound); and dry whey ($0.1991 per pound). In addition, the butterfat yield factor in the butterfat price formula continues to be 1.211. Accordingly, this final rule adopts proposed amendments detailed in the final decision (78 FR 9248). 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) (Act), provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may request modification or exemption from such order by filing with the Department of Agriculture (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 Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has its principal place of business, has jurisdiction in equity to review 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 VerDate Mar<15>2010 14:12 Apr 24, 2013 Jkt 229001 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 500employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees. For the month of February 2007, the month the initial public hearing was held, the milk of 49,712 dairy farms were pooled on the Federal order system. Of the total, 46,729 dairy farms, or 94 percent, were considered small businesses. During the same month, 352 plants were regulated by or reported their milk receipts to be pooled and priced on a Federal order. Of the total, 186 plants, or 53 percent, were considered small businesses. This decision finalizes the make allowances contained in the formulas used to compute component prices and the minimum class prices in all Federal milk orders. Specifically, the make allowance for butter continues to be $0.1715 per pound (initially increased from $0.1202 per pound), the make allowance for cheese continues to be $0.2003 per pound (initially increased from $0.1682 per pound), the make allowance for NFDM continues to be $0.1678 per pound (initially increased from $0.1570 per pound), and the make allowance for dry whey continues to be $0.1991 per pound (initially increased from $0.1956 per pound). Finally, the butterfat yield factor in the butterfat price formulas continues to be 1.211 (initially increased from 1.20). These make allowances serve to approximate the average cost of producing cheese, butter, NFDM and dry whey for manufacturing plants located in Federal milk marketing areas. The established criteria for the make allowance changes are applied in an identical fashion to both large and small businesses and will not have any different impact on those businesses producing manufactured milk products. An economic analysis has been performed that discusses impacts of the proposed amendments on industry participants including producers and manufacturers. It can be found on the AMS Web site at www.ams.usda.gov/ dairy. Based on that economic analysis we have concluded that the proposed amendments will not have a significant economic impact on a substantial number of small entities. The Agricultural Marketing Service (AMS) is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 24335 increased opportunities for citizen access to Government information and services, and for other purposes. This final rule 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 February 5, 2007; published February 9, 2007 (72 FR 6179). Supplemental Notice of Hearing: Issued February 14, 2007; published February 20, 2007 (72 FR 7753). Notice to Reconvene Hearing: Issued March 15, 2007; published March 21, 2007 (72 FR 13219). Notice to Reconvene Hearing: Issued May 2, 2007; published May 8, 2007 (72 FR 25986). Tentative Partial Final Decision: Issued June 16, 2008; published June 20, 2008 (73 FR 35306). Interim Final Rule: Issued July 25, 2008; published July 31, 2008 (73 FR 44617). Delay of Effective Date: Issued August 28, 2008; published September 3, 2008 (73 FR 51352). Final Decision: Issued February 1, 2013; published February 7, 2013 (78 FR 9248) Findings and Determinations The findings and determinations hereinafter set forth supplement those that were made when the Northeast and other 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 upon certain proposed amendments to the tentative marketing agreements and to the orders regulating the handling of milk in the Northeast and other marketing areas. The hearing was held E:\FR\FM\25APR1.SGM 25APR1 24336 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674) (Act), 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 Act; (2) The parity prices of milk, as determined pursuant to section 2 of the Act, are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions which affect market supply and demand for milk in the 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; and (3) The said orders, as hereby amended, regulate the handling of milk in the same manner as, and is applicable only to persons in the respective classes of industrial or commercial activity specified in, a marketing agreement upon which a hearing has been held. (b) Determinations. It is hereby determined that: (1) The refusal or failure of handlers (excluding cooperative associations specified in Section 8c(9) of the Act) of more than 50 percent of the milk, which is marketed within the specified marketing areas, to sign a proposed marketing agreement, tends to prevent the effectuation of the declared policy of the Act; (2) The issuance of this order amending the Northeast and other orders is the only practical means pursuant to the declared policy of the Act of advancing the interests of producers as defined in the orders as hereby amended; (3) The issuance of 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. wreier-aviles on DSK5TPTVN1PROD with RULES List of Subjects in 7 CFR Part 1000 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: VerDate Mar<15>2010 14:12 Apr 24, 2013 Jkt 229001 The provisions of the order amending the orders contained in the interim amendments of the orders issued by the Administrator, Agricultural Marketing Service, on July 25, 2008, and published in the Federal Register on July 31, 2008, (73 FR 44617), are adopted and shall be the terms and provisions of these orders. Dated: April 22, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. • Adjust for inflation the maximum amount of CMPs that the FCA has jurisdiction to administer pursuant to the Farm Credit Act in accordance with the requirements of the Inflation Adjustment Act,1 and • Implement the provisions for the maximum amount of CMPs provided by the Biggert-Waters Act.2 II. Background [FR Doc. 2013–09819 Filed 4–24–13; 8:45 am] BILLING CODE 3410–02–P FARM CREDIT ADMINISTRATION 12 CFR Part 622 RIN 3052–AC87 Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation Farm Credit Administration. Final rule. AGENCY: ACTION: This regulation implements inflation adjustments to civil money penalties (CMPs) that the Farm Credit Administration (FCA) may impose pursuant to the Farm Credit Act of 1971, as amended (Farm Credit Act), and pursuant to the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994 (Reform Act), and further amended by the Biggert-Waters Flood Insurance Reform Act of 2012 (BiggertWaters Act). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (Inflation Adjustment Act), requires all Federal agencies with the authority to impose CMPs to evaluate those CMPs periodically to ensure that they continue to maintain their deterrent value and promote compliance with the law. DATES: This regulation is effective on July 1, 2013. FOR FURTHER INFORMATION CONTACT: Michael T. Wilson, Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4124, TTY (703) 883– 4056, or Nancy Tunis, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4061, TTY (703) 883– 4056. SUPPLEMENTARY INFORMATION: SUMMARY: I. Objective The objectives of this regulation are to: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 A. Federal Civil Penalties Inflation Adjustment Act of 1990, as Amended The Inflation Adjustment Act requires every Federal agency with authority to issue CMPs 3 to enact regulations that adjust its CMPs pursuant to the inflation adjustment formula in section 5(b) of the Inflation Adjustment Act. Each Federal agency was required to issue these regulations by October 23, 1996, and, thereafter, to evaluate and adjust the CMPs when necessary, but at least once every 4 years. Section 6 of the amended Inflation Adjustment Act specifies that inflation-adjusted CMPs will apply only to violations that occur after the effective date of the adjustment. The inflation adjustment is based on the percentage increase in the Consumer Price Index (CPI).4 Specifically, section 5(b) of the Inflation Adjustment Act defines the term ‘‘costof-living adjustment’’ as ‘‘the percentage (if any) for each civil monetary penalty by which (1) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds (2) the Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law.’’ Furthermore, the increase for each CMP adjusted for inflation must be rounded using a method prescribed by section 5(a) of the Inflation Adjustment Act. FCA made its last adjustments to CMPs in January 2009. B. CMPs Issued Under the Farm Credit Act The adjustment requirement affects two provisions of section 5.32(a) of the 1 28 U.S.C. 2461 note. Law 112–141, 126 Stat. 405 (July 6, 2 Public 2012). 3 See 28 U.S.C. 2461 note. Section 3(2) of the amended Inflation Adjustment Act defines a CMP as any penalty, fine, or other sanction that: (1) Either is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law; and (2) is assessed or enforced by an agency pursuant to Federal law; and (3) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. 4 The CPI is published by the Department of Labor, Bureau of Statistics, and is available at its Web site: ftp://ftp.bls.gov/pub/special.requests/cpi/ cpiai.txt. E:\FR\FM\25APR1.SGM 25APR1

Agencies

[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24334-24336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09819]


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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1000

[Doc. no. AMS-DA-07-0026; AO-14-A77, et al.; DA-07-02]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This final rule permanently adopts changes to the 
manufacturing cost allowances and the butterfat yield factor used in 
Class III and Class IV product-price formulas applicable to all Federal 
milk marketing orders. These amendments were adopted by an interim 
final rule issued on July 25, 2008, that became effective on October 1, 
2008. More than the required number of producers approved the issuance 
of the orders as amended.

DATES: Effective Date: July 1, 2013.

FOR FURTHER INFORMATION CONTACT: William Francis, Director, Order 
Formulation and Enforcement Division, USDA/AMS/Dairy Programs, Order 
Formulation and Enforcement, Stop 0231-Room 2971-S 1400 Independence 
Avenue SW., Washington, DC 20250-0231, (202) 720-7183, email address: 
william.francis@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This final rule finalizes manufacturing 
(make) allowances for cheese, butter, nonfat dry milk (NFDM) and dry 
whey contained in the Class III and Class IV product price formulas 
that were implemented October 1, 2008, on an interim basis. 
Specifically, this decision finalizes the following make allowances: 
cheese

[[Page 24335]]

($0.2003 per pound); butter ($0.1715 per pound); NFDM ($0.1678 per 
pound); and dry whey ($0.1991 per pound). In addition, the butterfat 
yield factor in the butterfat price formula continues to be 1.211.
    Accordingly, this final rule adopts proposed amendments detailed in 
the final decision (78 FR 9248).
    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) (Act), provides that administrative proceedings must be 
exhausted before parties may file suit in court. Under section 
608c(15)(A) of the Act, any handler subject to an order may request 
modification or exemption from such order by filing with the Department 
of Agriculture (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 Act provides that the district court of the United States 
in any district in which the handler is an inhabitant, or has its 
principal place of business, has jurisdiction in equity to review 
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.
    For the month of February 2007, the month the initial public 
hearing was held, the milk of 49,712 dairy farms were pooled on the 
Federal order system. Of the total, 46,729 dairy farms, or 94 percent, 
were considered small businesses. During the same month, 352 plants 
were regulated by or reported their milk receipts to be pooled and 
priced on a Federal order. Of the total, 186 plants, or 53 percent, 
were considered small businesses.
    This decision finalizes the make allowances contained in the 
formulas used to compute component prices and the minimum class prices 
in all Federal milk orders. Specifically, the make allowance for butter 
continues to be $0.1715 per pound (initially increased from $0.1202 per 
pound), the make allowance for cheese continues to be $0.2003 per pound 
(initially increased from $0.1682 per pound), the make allowance for 
NFDM continues to be $0.1678 per pound (initially increased from 
$0.1570 per pound), and the make allowance for dry whey continues to be 
$0.1991 per pound (initially increased from $0.1956 per pound). 
Finally, the butterfat yield factor in the butterfat price formulas 
continues to be 1.211 (initially increased from 1.20).
    These make allowances serve to approximate the average cost of 
producing cheese, butter, NFDM and dry whey for manufacturing plants 
located in Federal milk marketing areas. The established criteria for 
the make allowance changes are applied in an identical fashion to both 
large and small businesses and will not have any different impact on 
those businesses producing manufactured milk products.
    An economic analysis has been performed that discusses impacts of 
the proposed amendments on industry participants including producers 
and manufacturers. It can be found on the AMS Web site at 
www.ams.usda.gov/dairy. Based on that economic analysis we have 
concluded that the proposed amendments will not have a significant 
economic impact on a substantial number of small entities.
    The Agricultural Marketing Service (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.
    This final rule 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 February 5, 2007; published February 9, 
2007 (72 FR 6179).
    Supplemental Notice of Hearing: Issued February 14, 2007; published 
February 20, 2007 (72 FR 7753).
    Notice to Reconvene Hearing: Issued March 15, 2007; published March 
21, 2007 (72 FR 13219).
    Notice to Reconvene Hearing: Issued May 2, 2007; published May 8, 
2007 (72 FR 25986).
    Tentative Partial Final Decision: Issued June 16, 2008; published 
June 20, 2008 (73 FR 35306).
    Interim Final Rule: Issued July 25, 2008; published July 31, 2008 
(73 FR 44617).
    Delay of Effective Date: Issued August 28, 2008; published 
September 3, 2008 (73 FR 51352).
    Final Decision: Issued February 1, 2013; published February 7, 2013 
(78 FR 9248)

Findings and Determinations

    The findings and determinations hereinafter set forth supplement 
those that were made when the Northeast and other 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 upon certain proposed amendments to the 
tentative marketing agreements and to the orders regulating the 
handling of milk in the Northeast and other marketing areas. The 
hearing was held

[[Page 24336]]

pursuant to the provisions of the Agricultural Marketing Agreement Act 
of 1937, as amended (7 U.S.C. 601-674) (Act), 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 
Act;
    (2) The parity prices of milk, as determined pursuant to section 2 
of the Act, are not reasonable in view of the price of feeds, available 
supplies of feeds, and other economic conditions which affect market 
supply and demand for milk in the 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; and
    (3) The said orders, as hereby amended, regulate the handling of 
milk in the same manner as, and is applicable only to persons in the 
respective classes of industrial or commercial activity specified in, a 
marketing agreement upon which a hearing has been held.
    (b) Determinations. It is hereby determined that:
    (1) The refusal or failure of handlers (excluding cooperative 
associations specified in Section 8c(9) of the Act) of more than 50 
percent of the milk, which is marketed within the specified marketing 
areas, to sign a proposed marketing agreement, tends to prevent the 
effectuation of the declared policy of the Act;
    (2) The issuance of this order amending the Northeast and other 
orders is the only practical means pursuant to the declared policy of 
the Act of advancing the interests of producers as defined in the 
orders as hereby amended;
    (3) The issuance of 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 Part 1000

    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:
    The provisions of the order amending the orders contained in the 
interim amendments of the orders issued by the Administrator, 
Agricultural Marketing Service, on July 25, 2008, and published in the 
Federal Register on July 31, 2008, (73 FR 44617), are adopted and shall 
be the terms and provisions of these orders.

    Dated: April 22, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-09819 Filed 4-24-13; 8:45 am]
BILLING CODE 3410-02-P
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