[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Page 24668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09818]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 
1126, and 1131

[Docket No. AMS-DA-13-0016; AO-14-A74, et al.; DA-06-01]


Milk in the Northeast and Other Marketing Areas; Termination of 
Proceeding on Proposed Amendments to Tentative Marketing Agreements and 
Orders

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Termination of proceeding.

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SUMMARY: This action terminates a proceeding that amended manufacturing 
allowances of the Class III and Class IV price formulas applicable to 
all Federal milk marketing orders on an interim basis. However, 
subsequent formal rulemaking proceedings have superseded these 
amendments and therefore, action on this proceeding is terminated.

DATES: April 29, 2013.

FOR FURTHER INFORMATION CONTACT: Erin C Taylor, Marketing Specialist, 
USDA/AMS/Dairy Programs, Order Formulation and Enforcement, Stop 0231-
Room 2971-S, 1400 Independence Avenue SW., Washington, DC 20250-0231, 
(202) 720-7311, email address: [email protected].

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.

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 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 
dairy farms, 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 January 2006, the month the initial public hearing 
was held, the milk of 52,570 dairy farms was pooled on the Federal 
order system. Of the total, 49,153 dairy farms, or 94 percent, were 
considered small businesses. During the same month, 536 plants were 
regulated by or reported their milk receipts to be pooled and price on 
a Federal order. Of the total, 286 plants, or 53 percent, were 
considered small businesses.
    Because this action terminates this rulemaking proceeding without 
amending the present rules, the economic conditions of small entities 
are not changed as a result of this action. Also, this action does not 
change reporting, record keeping, or other compliance requirements.
    Prior documents in this proceeding:
    Notice of Hearing: Issued December 30, 2005; published January 5, 
2006 (71 FR 545).
    Notice of Intent to Reconvene Hearing: Issued June 23, 2006; 
published June 28, 2006 (71 FR 36715).
    Notice to Reconvene Hearing: Issued August 31, 2006; published 
September 6, 2006 (71 FR 52502).
    Tentative Final Decision: Issued November 20, 2006, Published 
November 22, 2006 (71 FR 67467).
    Interim Final Rule: Issued December 26, 2006, Published December 
29, 2006 (71 FR 78333).

Preliminary Statement

    A national public hearing was held in this proceeding to consider a 
proposal to amend the Class III and Class IV milk price formula 
manufacturing allowances applicable to all Federal milk marketing 
orders. The interim amendments adopted as a result of this proceeding 
were based on the record of the first session of a public hearing held 
in Alexandria, Virginia, on January 24-27, 2006, pursuant to a notice 
of hearing issued December 30, 2005; published January 5, 2006, (71 FR 
545) and a second session of a public hearing held in Strongsville, 
Ohio, on September 14-15, 2006, pursuant to a reconvened hearing notice 
issued August 31, 2006; published September 6, 2006, (71 FR 52502). The 
hearings were 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 (7 CFR part 900).

Make Allowances

    The make allowances adopted by the interim final rule in this 
proceeding--cheese: $0.1682 per pound; butter: $0.1202 per pound; 
nonfat dry milk (NFDM): $0.1570 per pound; and dry whey: $0.1956 per 
pound--amended section 1000.50, were approved by producers and became 
effective February 1, 2007 (71 FR 78333). These manufacturing 
allowances were subsequently amended through a separate rulemaking 
proceeding (72 FR 6179). An interim final rule published on July 31, 
2008, (73 FR 44617), effective October 1, 2008, changed the make 
allowances to: cheese: $0.2003 per pound; NFDM: $0.1678 per pound; 
butter: $0.1715 per pound; and dry whey: $0.1991 per pound. Further, a 
request was received from proponents of the 2007 amendments requesting 
termination of this proceeding. Accordingly, it is determined that this 
proceeding should be terminated.

Termination of Proceeding

    In view of the forgoing, it is hereby determined that the 
proceeding that resulted in make allowances adopted by the interim 
final rule issued December 26, 2006 and published in the December 29, 
2006, Federal Register (71 FR 78333) should be and is hereby 
terminated.

List of Subjects in 7 CFR Parts 1000, 1001, 1005, 1006, 1007, 1030, 
1032, 1033, 1124, 1126, and 1131

    Milk marketing orders.

    Authority:  7 U.S.C. 601-674, and 7253.

    Dated: April 22, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-09818 Filed 4-25-13; 8:45 am]
BILLING CODE 3410-02-P