[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Rules and Regulations]
[Pages 28248-28249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4590]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, 
and 1131

[Docket No. AO-14-A75, et al.; DA-06-06]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; re-interpretation.

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SUMMARY: This final rule amends the current ten Federal milk marketing 
orders issued under the Agricultural Marketing Agreement Act of 1937 
(AMAA) to reflect a re-interpretation of the Milk Regulatory Equity Act 
of 2005, that was signed into law on April 11, 2006. Each order is 
amended to change the ``April 11, 2006'' in Sec.  1------.7 to ``May 1, 
2006.''

------------------------------------------------------------------------
    7 CFR parts           Marketing area                AO Nos.
------------------------------------------------------------------------
1001...............  Northeast...............  AO-14-A75
1005...............  Appalachian.............  AO-388-A19
1006...............  Florida.................  AO-356-A40
1007...............  Southeast...............  AO-366-A48
1030...............  Upper Midwest...........  AO-361-A41
1032...............  Central.................  AO-313-A50
1033...............  Mideast.................  AO-166-A74
1124...............  Pacific Northwest.......  AO-368-A36
1126...............  Southwest...............  AO-231-A69
1131...............  Arizona.................  AO-271-A41
------------------------------------------------------------------------


DATES: Effective Date: May 1, 2006.

FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Associate Deputy 
Administrator for Order Formulation and Enforcement, USDA/AMS/Dairy 
Programs, Stop 0231-Room 2971-S, 1400 Independence Avenue, SW., 
Washington, DC 20250-0231, (202) 690-1366, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: This final rule re-interprets the provisions 
of the Milk Regulatory Equity Act of 2005 (Pub. L. 109-215, 120 Stat. 
328), that amended the Agricultural Marketing Agreement Act of 1937 
(AMAA).
    Due to the ambiguity of the legislative language and the 
Congressional intent as reflected in the floor debate and elsewhere, 
the Department has determined that the Federal milk marketing orders 
should be amended to reflect the complete removal of Nevada from any 
marketing area.
    Prior documents in this proceeding:
    Final Rule: Issued April 25, 2006; Published May 1, 2006 (71 FR 
25495).

[[Page 28249]]

List of Subjects in 7 CFR Parts 1001, 1005, 1006, 1007, 1030, 1032, 
1033, 1124, 1126, and 1131

    Milk marketing orders.

Order Relative to Handling

0
It is therefore ordered, that on and after the effective date hereof, 
the handling of milk in each of the aforesaid marketing areas shall be 
in conformity to and in compliance with the terms and conditions of the 
orders, as hereby amended.
0
For the reasons set forth in the preamble and under the authority set 
for in Public Law 109-215, 120 Stat. 328, 7 CFR parts 1001, 1005, 1006, 
1007, 1030, 1032, 1033, 1124, 1126, and 1131 are amended as follows:
0
1. The authority citation for 7 CFR parts 1001, 1005, 1006, 1007, 1030, 
1032, 1033, 1124, 1126, and 1131 continues to read as follows:

    Authority: 7 U.S.C. 601-674, 7253, and P.L. 109-215, 120 Stat. 
328.

PART 1001--MILK IN THE NORTHEAST MARKETING AREA

0
2. Revise Sec.  1001.7(d) introductory text to read as follows:


Sec.  1001.7  Pool plant.

* * * * *
    (d) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1001.2;
* * * * *

PART 1005--MILK IN THE APPALACHIAN MARKETING AREA

0
3. Revise Sec.  1005.7(g) introductory text to read as follows:


Sec.  1005.7  Pool plant.

* * * * *
    (g) Any distributing plant other than a plant qualified as a pool 
plant pursuant to paragraph Sec.  1005.(7)(a) or paragraph (b) of this 
section or Sec.  ------.7(b) of any other Federal milk order or Sec.  
1005.(7)(e) or Sec.  1000.(8)(a) or Sec.  1000.(8)(e); located within 
the marketing area as described on May 1, 2006, in Sec.  1005.2, from 
which there is route disposition and/or transfers of packaged fluid 
milk products in any non-Federally regulated marketing area(s) located 
within one or more States that require handlers to pay minimum prices 
for raw milk provided that 25 percent or more of the total quantity of 
fluid milk products physically received at such plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) is disposed of as route disposition and/or is 
transferred in the form of packaged fluid milk products to other 
plants. At least 25 percent of such route disposition and/or transfers, 
in aggregate, are in any non-Federally regulated marketing area(s) 
located within one or more States that require handlers to pay minimum 
prices for raw milk. Subject to the following exclusion:
* * * * *

PART 1006--MILK IN THE FLORIDA MARKETING AREA

0
4. Revise Sec.  1006.7(h) introductory text to read as follows:


Sec.  1006.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1006.2;
* * * * *

PART 1007--MILK IN THE SOUTHEAST MARKETING AREA

0
5. Revise Sec.  1007.7(h) introductory text to read as follows:


Sec.  1007.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1007.2;
* * * * *

PART 1030--MILK IN THE UPPER MIDWEST MARKETING AREA

0
6. Revise Sec.  1030.7(d) introductory text to read as follows:


Sec.  1030.7  Pool plant.

* * * * *
    (d) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1030.2;
* * * * *

PART 1032--MILK IN THE CENTRAL MARKETING AREA

0
7. Revise Sec.  1032.7(i) introductory text to read as follows:


Sec.  1032.7  Pool plant.

* * * * *
    (i) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1032.2;
* * * * *

PART 1033--MILK IN THE MIDEAST MARKETING AREA

0
8. Revise Sec.  1033.7(j) introductory text to read as follows:


Sec.  1033.7  Pool plant.

* * * * *
    (j) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1033.2;
* * * * *

PART 1124--MILK IN THE PACIFIC NORTHWEST MARKETING AREA

0
9. Revise Sec.  1124.7(e) introductory text to read as follows:


Sec.  1124.7  Pool plant.

* * * * *
    (e) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1124.2;
* * * * *

PART 1126--MILK IN THE SOUTHWEST MARKETING AREA

0
10. Revise Sec.  1126.7(h) introductory text to read as follows:


Sec.  1126.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1126.2;
* * * * *

PART 1131--MILK IN THE ARIZONA MARKETING AREA

0
11. Revise the part heading for part 1131 to read as set forth above.


Sec.  1131.2  [Amended]

0
12. Revise the section heading for Sec.  1131.2 to read as follows:


Sec.  1131.2  Arizona marketing area.

0
13. Revise Sec.  1131.7(h) introductory text to read as follows:


Sec.  1131.7  Pool plant.

* * * * *
    (h) Any distributing plant, located within the marketing area as 
described on May 1, 2006, in Sec.  1131.2;
* * * * *

    Dated: May 12, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-4590 Filed 5-12-06; 10:25 am]
BILLING CODE 3410-02-P