Unknown. Interim final rule
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/register/2006/12/29/06-9943A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2006-12-29.xml --- 71 250 Friday, December 29, 2006 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Reports and guidance documents; availability, etc.: Dioxins and dioxin-like compounds in residential soil; policy guideline update, 78441-78442 E6-22388 Agricultural Agricultural Marketing Service RULES Milk marketing orders: Northeast et al., 78333-78335 06-9943 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Air Force Air Force Department NOTICES Meetings:
Scientific Advisory Board, 78410 E6-22387 Antitrust Antitrust Division NOTICES National cooperative research notifications: Interchangeable Virtual Instruments Foundation, Inc., 78468 06-9930 Network Centric Operations Industry Consortium, Inc., 78468 06-9929 Army Army Department NOTICES Environmental statements; availability, etc.: Fort Detrick, MD; Army Medical Research Institute of Infectious Diseases; new facilities, 78410-78411 06-9837 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 78442 E6-22381 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 78442-78443 E6-22233 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Cape Fear River, Wilmington, NC, 78361-78363 E6-22440 Choptank River, Cambridge, MD, 78363-78365 E6-22441 Jacksonville Captain of Port Zone, FL, 78365-78368 E6-22439 NOTICES Committees; establishment, renewal, termination, etc.: Southeastern New England Area Maritime Security Committee, 78448-78449 E6-22424 National Preparedness for Response Exercise Program: Triennial exercise schedule (2007-2009 CY), 78449-78451 E6-22442 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES African Growth and Opportunity Act:
Mali; handloomed, handmade, folklore articles, or ethnic printed fabrics, 78408-78409 E6-22328 Cotton, wool, and man-made textiles: Vietnam, 78409-78410 E6-22347 Comptroller Comptroller of the Currency RULES Community Reinvestment Act; implementation: Small banks; lending, investment, and service tests; eligibility requirements evaluation; technical correction, 78335-78337 06-9944 Defense Defense Department See Air Force Department See Army Department NOTICES Privacy Act; systems of records, 78410 06-9928 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program:
Energy conservation standards— Battery chargers and external power supplies; document availability and public meeting, 78389-78390 E6-22437 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Shipbuilding and ship repair operations, 78369-78374 E6-22426 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Zeta-cypermethrin, 78374-78382 E6-22288 PROPOSED RULES Air pollutants, hazardous; national emission standards:
Shipbuilding and ship repair operations, 78392-78394 E6-22428 NOTICES Environmental statements; availability, etc.: Agency comment availability, 78426-78427 E6-22412 Agency weekly receipts, 78427-78428 E6-22411 Meetings: Scientific Counselors Board, 78428-78430 E6-22409 E6-22410 Pesticide registration, cancellation, etc.: n-alkyl dimethyl benzyl ammonium chloride and didecyl dimethyl ammonium chloride, 78430-78432 E6-22303 Reports and guidance documents; availability, etc.: Aeroallergens and their associated effects; review of impact of climate variability and change, 78432-78433 E6-22427 Pesticides— Antimicrobial pesticide products use in heating, ventilation, air conditioning, and refrigeration systems, 78433-78434 E6-22304 Toxicological review of 2,2,4-trimethylpentane; in support of summary information on integrated risk information system; external peer review panel meeting, 78434-78436 E6-22431 Superfund; response and remedial actions, proposed settlements, etc.:
Fort Ord Site, CA, 78436 E6-22430 Executive Executive Office of the President See Presidential Documents FDIC Federal Deposit Insurance Corporation RULES Community Reinvestment Act; implementation: Small banks; lending, investment, and service tests; eligibility requirements evaluation; technical correction, 78335-78337 06-9944 Financial Services Regulatory Relief Act of 2006; implementation: State nonmember bank and it's correspondent banks; reports and public disclosure of executive officers and shareholders indebtedness;
CFR part removed, 78337-78338 E6-22260 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: BP West Coast Products LLC et al., 78420 E6-22359 Columbia Riverkeeper et al., 78420 E6-22352 Louisiana Public Service Commission, 78421 E6-22356 Dockets: Small power production and cogeneration facilities; new docket prefix QM; establishment, 78421 E6-22364 Electric rate and corporate regulation combined filings, 78421-78422 E6-22349 Environmental statements; availability, etc.:
Bayou Casotte Energy, LLC, 78423 E6-22379 Clackamas River Hydroelectric Project, OR, 78423-78424 E6-22361 Hydroelectric applications, 78424-78425 E6-22362 Meetings: Alabama Power Co.; technical conference, 78425-78426 E6-22360 Dominion Cove Point LNG; settlement conference, 78426 E6-22376 *Applications, hearings, determinations, etc.:* Bluewater Gas Storage, LLC, 78411 E6-22351 California Independent System Operator Corp., 78411-78412 E6-22357 CenterPoint Energy Gas Transmission Co., 78412 E6-22353 Cheyenne Plains Gas Pipeline Co., LLC, 78412-78413 E6-22367 E6-22370 Columbia Gas Transmission Corp., 78413-78414 E6-22355 Consumers Energy Co. et al., 78414 E6-22374 Cranberry Pipeline Corp., 78414-78415 E6-22363 Dominion Cove Point LNG, LP, 78415 E6-22366 E6-22378 Enbridge Pipelines (KPC), 78415-78416 E6-22368 Enbridge Pipelines (Midla) L.L.C., 78416 E6-22369 Gas Transmission Northwest Corp., 78416-78417 E6-22371 Gulf South Pipeline Co., LP, 78417 E6-22354 LSP Oakland, LLC, 78417-78418 E6-22375 Macquarie Cook Power, Inc., 78418 E6-22358 National Fuel Gas Supply Corp., 78418 E6-22377 Natural Gas Pipeline Co. of America, 78418-78419 E6-22373 North American Electric Reliability Corp. et al., 78419 E6-22350 Transcontinental Gas Pipe Line Corp., 78419 E6-22372 Federal Reserve Federal Reserve System RULES Community Reinvestment Act; implementation:
Small banks; lending, investment, and service tests; eligibility requirements evaluation; technical correction, 78335-78337 06-9944 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 78436-78437 E6-22315 Reports and guidance documents; availability, etc.: Consumer Handbook on Adjustable Rate Mortgages, 78437-78438 E6-22316 FTC Federal Trade Commission PROPOSED RULES Rules and guides; regulatory review, 78390-78391 E6-22407 NOTICES Agency information collection activities; proposals, submissions, and approvals, 78438-78440 E6-22406 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Interest rates:
Renegotiation Board and prompt payment rates, 78513-78514 06-9866 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Survival enhancement permits— Hawaii; Hawaiian goose, etc.; safe harbor agreement, 78452-78454 E6-22385 Environmental statements; record of decision: Crab Orchard National Wildlife Refuge, IL; comprehensive conservation plan, 78454-78455 E6-22384 Natural resource damage assessment plans; availability, etc.: Monmouth and Ocean Counties, NJ; 2004 Bradley Beach mystery spill; restoration planning, 78456-78457 E6-22290 Food Food and Drug Administration NOTICES Meetings:
Advisory committees; tentative schedule (2007), 78443-78445 E6-22389 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations: Narcotics-related blocked persons; additional designations, 78514-78516 E6-22342 Unblocking of specially designated narcotics traffickers; individuals removed from list, 78516 E6-22344 Forest Forest Service NOTICES Appealable decisions; legal notice:
Northern Region, 78395 06-9926 Environmental statements; notice of intent: Dixie National Forest, UT, 78395-78397 E6-22038 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Meetings: American Health Information Community, 78440 06-9931 Homeland Homeland Security Department See Coast Guard See National Communications System See U.S.
Citizenship and Immigration Services NOTICES Privacy Act; system of records, 78446-78448 E6-22008 Housing Housing and Urban Development Department NOTICES Homeless assistance; excess and surplus Federal properties, 78452 06-9879 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau NOTICES Meetings: Delaware and Lehigh National Heritage Corridor Commission, 78452 06-9925 IRS Internal Revenue Service RULES Income taxes:
Widely held fixed investment trusts; reporting requirements, 78351-78361 06-9924 International International Trade Administration NOTICES Antidumping: Honey from— Argentina, 78397-78402 E6-22327 Countervailing duties: Coated free sheet paper from— Various countries, 78403 E6-22417 International International Trade Commission NOTICES Import investigations: Coated free sheet paper from— Various countries, 78464-78465 E6-22419 Flash memory devices, components, and products containing such devices and components, 78465 06-9916 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments:
American Cyanamid, et al., 78465-78466 06-9920 Ashland Inc., et al., 78466 06-9919 Cook Development Corp. and Birch Creek Construction, Inc., 78466 06-9922 Union Pacific Railroad Co., 78466-78467 06-9923 Von Roll America, Inc., 78467 06-9921 Labor Labor Department See Workers’ Compensation Programs Office Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: Colorado, 78457-78458 E6-22331 Resource management plans, etc.: Bay planning area, Bristol Bay and Goodnews Bay, AK, 78458 E6-22326 National Communications National Communications System NOTICES Meetings:
National Security Telecommunications Advisory Committee, 78451 E6-22330 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: BMW of North America, LLC, 78511-78512 E6-22429 National Institute National Institute of Standards and Technology NOTICES Agency information collection activities; proposals, submissions, and approvals, 78403-78404 E6-22337 Inventions, Government-owned; availability for licensing, 78404 E6-22432 Voluntary product standards:
Structural plywood; standards revision, 78404-78405 E6-22435 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 78445-78446 E6-22348 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— North Pacific halibut and sablefish, 78383-78388 06-9917 Northeastern United States fisheries— Tilefish, 78382-78383 06-9918 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 78638-78719 06-9856 NOTICES Agency information collection activities; proposals, submissions, and approvals, 78405-78407 E6-22336 E6-22338 Marine mammal permit applications, determinations, etc., 78407-78408 E6-22332 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 78458-78459 06-9946 06-9947 Native American human remains, funerary objects; inventory, repatriation, etc.:
American Museum of Natural History, New York, NY, 78459-78461 E6-22343 Army Corps of Engineers, Portland District, OR and Confederated Tribes of the Umatilla Reservation, OR, 78461-78462 E6-22345 Homer Collection, Oregon State University, Corvallis, OR, 78462-78463 E6-22346 National Science National Science Foundation NOTICES Meetings: Commission on 21st Century Education in Science, Technology, Engineering, and Mathematics, 78468 E6-22333 Nuclear Nuclear Regulatory Commission NOTICES Meetings:
Reactor Safeguards Advisory Committee, 78470-78471 E6-22383 Reports and guidance documents; availability, etc.: Main steam and main feedwater valve isolation time removal from technical specifications; technical specification improvement, 78472-78474 E6-22391 *Applications, hearings, determinations, etc.:* STP Nuclear Operating Co., 78468-78470 E6-22390 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous materials transportation: Harmonization with UN Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation; technical instructions, 78596-78635 06-9849 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Mentoring Month (Proc. 8092), 78721-78724 06-9961 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:
Yakima River Basin, WA; water storage feasibility study, 78463-78464 E6-22386 SEC Securities and Exchange Commission RULES Securities, etc.: Executive and director compensation; disclosure requirements, 78338-78351 06-9932 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 78474-78479 E6-22398 E6-22400 Boston Stock Exchange, Inc., 78479-78481 E6-22395 Chicago Board Options Exchange, Inc., 78481-78482 E6-22392 New York Stock Exchange LLC, 78482-78501 E6-22394 E6-22397 E6-22399 E6-22401 NYSE Arca, Inc., 78501-78506 E6-22396 E6-22402 Philadelphia Stock Exchange, Inc., 78506-78511 E6-22404 Social Social Security Administration NOTICES Meetings:
Ticket to Work and Work Incentives Advisory Panel; teleconference, 78511 E6-22433 Surface Surface Transportation Board NOTICES *Applications, hearings, determinations, etc.:* Fenway Partners Capital Funds III, L.P., et al, 78512-78513 E6-22307 Susquehanna Susquehanna River Basin Commission RULES Project review and approval, special regulations and standards, and hearings and enforcement actions, 78570-78593 E6-21674 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* Osage Federal Bank et al., 78517 06-9914 Westfield Bank et al., 78517 06-9915 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office MISSING FOR:
U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 78451-78452 E6-22393 Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc.: Accrued benefits; statutory changes and clarification, 78368-78369 E6-22339 PROPOSED RULES Disabilities rating schedule: Skin; multiple scars evaluation; withdrawn, 78391 E6-22340 NOTICES Disciplinary Appeals Board Panel; roster of employees availability for review and comment, 78517 E6-22341 Workers’ Workers’ Compensation Programs Office RULES Energy Employees Occupational Illness Compensation Program Act; implementation:
Functions performance and compensation claims, 78520-78568 E6-21839 Separate Parts In This Issue Part II Labor Department, Workers’ Compensation Programs Office, 78520-78568 E6-21839 Part III Susquehanna River Basin Commission, 78570-78593 E6-21674 Part IV Transportation Department, Pipeline and Hazardous Materials Safety Administration, 78596-78635 06-9849 Part V Commerce Department, National Oceanic and Atmospheric Administration, 78638-78719 06-9856 Part VI Executive Office of the President, Presidential Documents, 78721-78724 06-9961 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 250 Friday, December 29, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126 and 1131 [Docket No. AO-14-A74, et al.; DA-06-01] Milk in the Northeast and Other Marketing Areas;
Interim Order Amending the Orders 7 CFR part Marketing area AO Nos. 1001 Northeast AO-14-A74. 1005 Appalachian AO-388-A18. 1006 Florida AO-356-A39. 1007 Southeast AO-366-A47. 1030 Upper Midwest AO-361-A40. 1032 Central AO-313-A49. 1033 Mideast AO-166-A73. 1124 Pacific Northwest AO-368-A35. 1126 Southwest AO-231-A68. 1131 Arizona AO-271-A40. AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule. SUMMARY: This order amends the manufacturing
(make)allowances contained in the Class III and Class IV product price formulas applicable to all Federal milk marketing orders. Specifically, this decision adopts the following make allowances: 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. More than the required number of producers have approved the issuance of the interim orders as amended. DATES: *Effective Date:* February 1, 2007. FOR FURTHER INFORMATION CONTACT: Jack Rower, Marketing Specialist, USDA/AMS/Dairy Programs, Order Formulation and Enforcement Branch, STOP 0231—Room 2971, 1400 Independence Ave., SW., Washington, DC 20250-0231,
(202)720-2357, e-mail address: *jack.rower@usda.gov* . SUPPLEMENTARY INFORMATION: This administrative rule 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 interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Agricultural Marketing Agreement Act of 1937 (the Act), as amended (7 U.S.C. 601-674), 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 (Department) 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, the Department 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 the Department'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 *et seq.* ), the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this interim 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 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 farmers. 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 farmers was pooled on the Federal order system. Of the total, 49,153 dairy farmers, 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 priced on a Federal order. Of the total, 286 plants, or 53 percent, were considered small businesses. This decision provides that all orders be amended by changing 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 would increase from $0.1150 to $0.1202 per pound; the make allowance for cheese would increase from $0.1650 to $0.1682 per pound; the make allowance for NFDM would increase from $0.1400 to $0.1570 per pound; and the make allowance for dry whey would increase from $0.1590 to $0.1956 per pound. The adoption of these new make allowances serves 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. The Department's economic analysis 1 discusses impacts of the order amendments on order participants including producers and manufacturers. Based on the economic analysis, we have concluded that the proposed amendments will not have a significant economic impact on a substantial number of small entities. 1 The Economic Analysis, Class III and Class IV Make Allowances, Tentative Final Decision is available on the Internet at *http://www.ams.usda.gov/dairy/proposals/classIII_IV_make_all.htm.* The Agricultural Marketing Service 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 action does not require additional information collection that requires 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 which 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 December 30, 2005; published January 5, 2006 (71 FR 545). *Notice of Intent To Reconvene Hearing:* Issued June 28, 2006; published June 23, 2006 (71 FR 36715). *Notice To Reconvene Hearing:* Issued August 31, 2006; published September 6, 2006 (71 FR 52502). *Tentative Final Decision:* Issued November 17, 2006; published November 22, 2006 (71 FR 67467). Findings and Determinations The findings and determinations hereinafter set forth supplement those that were made when the Northeast and other marketing 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 aforesaid marketing orders:
(a)*Findings upon the basis of the hearing record.* 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), 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. 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 on an interim basis, 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 marketing areas, and the minimum prices specified in the orders, as hereby amended on an interim basis, are such prices as will reflect the aforesaid factors, ensure a sufficient quantity of pure and wholesome milk, and be in the public interest; and
(3)The said orders, as hereby amended on an interim basis, regulate the handling of milk in the same manner as, and are applicable only to persons in the respective classes of industrial and commercial activity specified in, the marketing agreements upon which a hearing has been held.
(b)*Additional Findings.* It is necessary and in the public interest to make these interim amendments to the Northeast and other marketing orders effective February 1, 2007. Any delay beyond that date would tend to disrupt the orderly marketing of milk in the aforesaid marketing areas. The interim amendments to this order are known to handlers. The tentative partial decision containing the proposed amendments to the orders was issued on November 17, 2006. The changes that result from these interim amendments will not require extensive preparation or substantial alteration in the method of operation for handlers. In view of the foregoing, it is hereby found and determined that good cause exists for making these interim order amendments effective on February 1, 2007.
(c)*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 interim order amending the Northeast and other marketing 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 the interim order amending the Northeast and other marketing 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 Parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 Milk marketing orders. Orders 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 and in compliance with the terms and conditions of the orders, as amended, and as hereby further amended on an interim basis, as follows: 1. The authority citation for 7 CFR parts 1000, 1001, 1005, 1006, 1007, 1030, 1032, 1033, 1124, 1126, and 1131 is revised to read as follows: Authority: 7 U.S.C. 601-674, and 7253. PART 1000—GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS 2. Section 1000.50 is amended by: a. Revising paragraph (l); b. Revising paragraph (m); c. Revising paragraph (n)(2); d. Revising paragraph (n)(3)(i); e. Revising paragraph (o); and f. Revising paragraph (q)(3). The revisions read as follows: § 1000.50 Class prices, component prices, and advanced pricing factors.
(l)*Butterfat price.* The butterfat price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS AA Butter survey price reported by the Department for the month, less 12.02 cents, with the result multiplied by 1.20.
(m)*Nonfat solids price.* The nonfat solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS nonfat dry milk survey price reported by the Department for the month, less 15.70 and multiplying the result by 0.99.
(n)* * *
(1)* * *
(2)Subtract 16.82 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.383;
(3)* * *
(i)Subtract 16.82 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.572; and * * *
(o)*Other solids price.* The other solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS dry whey survey price reported by the Department for the month minus 19.56 cents, with the result multiplied by 1.03. * * *
(q)* * *
(3)An advanced butterfat price per pound, rounded to the nearest one-hundredth cent, shall be calculated by computing a weighted average of the 2 most recent U.S. average NASS AA Butter survey prices announced before the 24th day of the month, subtracting 12.02 cents from this average, and multiplying the result by 1.20. Dated: December 26, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06-9943 Filed 12-27-06; 9:53 am]
Connectionstraces to 3
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2 references not yet in our index
- 7 USC 601-674
- 7 CFR 900
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