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