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Code · REGISTER · 2024-02-21 · PROPOSED RULES · Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 13033-13034 2024-03505 Agricultural · Unknown

Unknown. Final rule

3,799 words·~17 min read·/register/2024/02/21/2024-03407

A 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-2024-02-21.xml --- 89 35 Wednesday, February 21, 2024 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 13033-13034 2024-03505 Agricultural Marketing Agricultural Marketing Service RULES Reauthorization: Dairy Forward Pricing Program, 12949-12951 2024-03407 PROPOSED RULES Adjustment to Membership:
Softwood Lumber Research, Promotion, Consumer Education, and Information Order, 12987-12993 2024-03372 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13034-13035 2024-03485 2024-03487 AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: SpaceX Starship-Super Heavy Operations at Cape Canaveral Space Force Station, 13050-13051 2024-03554 Fiscal Bureau of the Fiscal Service RULES Management of Federal Agency Disbursements, 12955-12961 2024-03204 Census Bureau Census Bureau NOTICES Hearings, Meetings, Proceedings, etc.:
Census Scientific Advisory Committee, 13043 2024-03475 Centers Disease Centers for Disease Control and Prevention NOTICES Hearings, Meetings, Proceedings, etc., 13086 2024-03474 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13086-13087 2024-03476 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Georgia Advisory Committee, 13042-13043 2024-03524 Coast Guard Coast Guard PROPOSED RULES Drawbridge Operations:
Reynolds Channel, Atlantic Beach, NY, 13013-13015 2024-03455 Security Zone: Port Valdez and Valdez Narrows, Valdez, AK, 13015-13017 2024-03486 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Living Administration Community Living Administration NOTICES Hearings, Meetings, Proceedings etc. Administration on Disabilities, the President's Committee for People with Intellectual Disabilities, 13087 2024-03458 Defense Department Defense Department See Air Force Department PROPOSED RULES Informational Video:
Cybersecurity Maturity Model Certification Program, 13013 2024-03460 NOTICES Hearings, Meetings, Proceedings etc. Defense Innovation Board, 13051-13052 2024-03461 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Package for the Graduate Assistance in Areas of National Need Program, 13060 2024-03465 Comprehensive Transition Program for Disbursing Title IV Aid to Students with Intellectual Disabilities Expenditure Report, 13053 2024-03501 Connecting Adults to Success:
Career Navigator Training Study, 13052-13053 2024-03499 Gainful Employment/Financial Value Transparency Reporting Requirements, 13059-13060 2024-03512 Applications for New Awards: Personnel Development to Improve Services and Results for Children with Disabilities Program--Preservice Improvement Enhancement Grants to Support Related Service Providers to Effectively Serve Children with Disabilities and Their Families, 13053-13059 2024-03439 Employee Benefits Employee Benefits Security Administration NOTICES Exemption:
DWS Investment Management Americas, Inc. and Certain Current and Future Asset Management Affiliates of Deutsche Bank AG Located in New York, NY, 13091-13106 2024-03358 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13060-13061 2024-03470 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 13061-13062 2024-03515 Environmental Protection Environmental Protection Agency RULES Fees for the Administration of the Toxic Substances Control Act, 12961-12979 2024-02735 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Reasonably Available Control Technology Case-by-Case Permits for Keystone, Conemaugh and Homer City Generating Facilities for the 1997 and 2008 Ozone National Ambient Air Quality Standards, 13022-13032 2024-03528 NOTICES Adoption of Department of Energy Categorical Exclusion under the National Environmental Policy Act, 13077-13079 2024-03502 Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 13079-13080 2024-03457 Charter Amendments, Establishments, Renewals and Terminations: Board of Scientific Counselors, 13080-13081 2024-03498 Request for Comments: Hazardous Waste Electronic Manifest System Advisory Board, Public Input for Charge Questions, 13080 2024-03496 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Vicinity of Dillingham, AK, 12954-12955 2024-03480 Vicinity of Shishmaref, AK, and Ambler, AK, 12953-12954 2024-03483 Airworthiness Directives:
Pratt and Whitney Canada Corp. Engines, 12951-12953 2024-03442 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 12993-12995 2024-03464 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reduced Vertical Separation Minimum, 13133-13134 2024-03469 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13081-13082 2024-03447 Hearings, Meetings, Proceedings, etc.:
Deletion of Item from February 15, 2024 Open Meeting, 13083 2024-03445 Privacy Act; Matching Program, 13082-13083 2024-03444 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Alabama Power Co., 13066-13067 2024-03427 Battenkill Hydro Associates, 13073-13074 2024-03425 Kram Hydro 1, LLC, 13072-13073 2024-03424 Combined Filings, 13065-13066, 13071-13072, 13075-13076 2024-03433 2024-03434 2024-03488 2024-03493 Environmental Assessments; Availability, etc.:
City of Nashua, NH, 13076-13077 2024-03426 Filing: McClain, Mark, 13076 2024-03429 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: 68SF 8me LLC, 13068-13069 2024-03431 Wythe County Solar Project, LLC, 13063-13064 2024-03430 Institution of Section 206 Proceeding and Refund Effective Date: Cottontail Solar 1, LLC; Cottontail Solar 2, LLC; Cottontail Solar 8, LLC, 13074-13075 2024-03432 Licenses; Exemptions, Applications, Amendments etc.:
Public Utility District No. 1 of Chelan County, 13064-13065 2024-03428 Privacy Act; Systems of Records, 13069-13071 2024-03491 Records Governing Off-the-Record Communications, 13072 2024-03490 Request under Blanket Authorization: WBI Energy Transmission, Inc., 13067-13068 2024-03489 Scoping Comments: Spencer Mountain Hydropower, LLC, 13062-13063 2024-03492 Federal Highway Federal Highway Administration PROPOSED RULES Highway Safety Improvement Program, 13000-13013 2024-02831 Federal Maritime Federal Maritime Commission NOTICES Complaint:
Impact Products, LLC and Safety Zone, LLC, Complainants v. Lihua Logistics Co. Ltd.—LLHP, Respondent, 13084-13085 2024-03509 Impact Products, LLC and Safety Zone, LLC, Complainants v. Mediterranean Shipping Co., S.A., Respondent, 13083 2024-03508 Impact Products, LLC and Safety Zone, LLC, Complainants v. COSCO Shipping Lines Co., Ltd., Respondent, 13085 2024-03511 Impact Products, LLC and Safety Zone, LLC, Complainants v. Orient Overseas Container Line Ltd. and OOCL (Europe) Ltd., Respondents, 13084 2024-03510 Impact Products, LLC and Safety Zone, LLC, Complainants v.
CMA CGM S.A., Respondent, 13084 2024-03516 Impact Products, LLC and Safety Zone, LLC, Complainants v. Yang Ming Marine Transport Corp., Respondent, 13083-13084 2024-03518 OL USA LLC, Complainant v. Maersk A/S, Respondent, 13085 2024-03517 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Hearing, 13134-13135, 13138-13139 2024-03435 2024-03437 Exemption Renewal: Parts and Accessories Necessary for Safe Operation;
Automobile Carriers Conference and Auto Haulers Association of America, 13135-13138 2024-03446 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13139-13143 2024-03477 2024-03478 2024-03479 Food and Nutrition Food and Nutrition Service PROPOSED RULES Serious Deficiency Process in the Child and Adult Care Food Program and Summer Food Service Program, 13150-13229 2024-02108 Government Accountability Government Accountability Office NOTICES Hearings, Meetings, Proceedings, etc.:
Comptroller General's Advisory Council on Standards for Internal Control in the Federal Government, 13085-13086 2024-03494 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau RULES Class III Tribal State Gaming Compacts, 13232-13260 2024-03456 Interior Interior Department See Indian Affairs Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Paper Plates from the People's Republic of China and the Socialist Republic of Vietnam, 13043-13047 2024-03527 Hearings, Meetings, Proceedings, etc.: Environmental Technologies Trade Advisory Committee, 13047-13048 2024-03440 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Steel Concrete Reinforcing Bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine, 13089-13090 2024-03482 Investigations;
Determinations, Modifications, and Rulings, etc.: Melamine from Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago, 13090-13091 2024-03497 Justice Department Justice Department NOTICES Proposed Consent Decree: Resource Conservation and Recovery Act, 13091 2024-03504 Labor Department Labor Department See Employee Benefits Security Administration See Workers Compensation Programs Office Maritime Maritime Administration NOTICES Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel:
Majestic Moments (Motor), 13145-13146 2024-03472 Mandalu 2 (Motor), 13146-13147 2024-03466 Moonshot (Motor), 13144-13145 2024-03468 Untethered (Sail), 13143-13144 2024-03467 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings, etc.: National Artificial Intelligence Advisory Committee, 13048-13049 2024-03481 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings etc.: National Institute on Aging, 13089 2024-03403 Hearings, Meetings, Proceedings, etc.:
Clinical Center, 13087-13088 2024-03441 National Heart, Lung, and Blood Institute, 13089 2024-03521 National Human Genome Research Institute, 13088 2024-03520 National Institute of General Medical Sciences, 13088-13089 2024-03404 National Institute of Mental Health, 13088 2024-03522 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Species: Listing of the Atlantic Humpback Dolphin as an Endangered Species under the Endangered Species Act, 12980-12986 2024-03162 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Alaska Mariculture Economic Benchmark Survey, 13049-13050 2024-03513 National Science National Science Foundation NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Committee for Cyberinfrastructure, 13109 2024-03519 Proposal Review Panel for Materials Research, 13107-13112 2024-03420 2024-03421 2024-03410 2024-03411 2024-03413 2024-03414 2024-03416 2024-03417 2024-03418 2024-03419 Meetings; Sunshine Act, 13110-13111 2024-03558 2024-03560 Patent Patent and Trademark Office PROPOSED RULES Expanding Opportunities to Appear before the Patent Trial and Appeal Board, 13017-13021 2024-03523 NOTICES Charter Amendments, Establishments, Renewals and Terminations:
National Medal of Technology and Innovation Nomination Evaluation Committee, 13050 2024-03526 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Make Deposit or Redeposit and Application to Make Service Credit Payment for Civilian Service, 13112-13113 2024-03443 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 13113 2024-03500 Rural Utilities Rural Utilities Service NOTICES Funding Opportunity:
Rural eConnectivity Program for Fiscal Year 2024, 13035-13042 2024-03484 Securities Securities and Exchange Commission PROPOSED RULES Qualifying Venture Capital Funds Inflation Adjustment, 12995-13000 2024-03436 NOTICES Application: Barings Corporate Investors et al., 13116-13117 2024-03422 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGA Exchange, Inc., 13128-13131 2024-03454 Nasdaq BX, Inc., 13113-13116 2024-03452 Nasdaq PHLX LLC, 13122-13125 2024-03450 New York Stock Exchange LLC, 13132-13133 2024-03449 NYSE Arca, Inc., 13117-13122 2024-03453 The Nasdaq Stock Market LLC, 13125-13128 2024-03451 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration NOTICES U.S.
Coast Guard Loran Sites, 13147 2024-03495 Treasury Treasury Department See Bureau of the Fiscal Service Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Insurance Claim Form, 13106-13107 2024-03438 Separate Parts In This Issue Part II Agriculture Department, Food and Nutrition Service, 13150-13229 2024-02108 Part III Interior Department, Indian Affairs Bureau, 13232-13260 2024-03456 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 35 Wednesday, February 21, 2024 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1145 RIN 0581-AE27 [Doc. No. AMS-DA-23-0085] Reauthorization of Dairy Forward Pricing Program AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule. SUMMARY: This final rule reauthorizes the Dairy Forward Pricing Program
(DFPP)in accordance with the Further Continuing Appropriations and Other Extensions Act, 2024 (Extension Act), and makes two administrative changes to the provisions to include the California Federal milk marketing order in the list of eligible orders where use of a forward contract is applicable. Establishing new contracts under the DFPP was prohibited between the expiration of the program on September 30, 2023, and passage of the Extension Act on November 16, 2023. The Extension Act reauthorizes the DFPP program to allow handlers to enter into new contracts until September 30, 2024. Any forward contract entered prior to the September 30, 2024, deadline must expire by September 30, 2027. DATES: This final rule is effective February 22, 2024. FOR FURTHER INFORMATION CONTACT: Erin Taylor, USDA/AMS/Dairy Programs, Order Formulation and Enforcement Branch, STOP 0231—Room 2530, 1400 Independence Avenue SW, Washington, DC 20250-0231, Telephone:
(202)720-7183, Email: *Erin.Taylor@usda.gov.* SUPPLEMENTARY INFORMATION: The Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) 1 initially established the DFPP. 2 The DFPP allows milk handlers, under the Agricultural Marketing Agreement Act of 1937,
(AMAA)3 to pay producers or cooperative associations of producers a negotiated price for producer milk, rather than the Federal order minimum blend price for non-fluid classes of milk (Classes II, III, and IV under the FMMO system). The DFPP does not allow for forward contracting of fluid or Class I milk. 1 Public Law 110-234. 2 73 FR 64868. 3 7 U.S.C. 601-614. Following the initial expiration of the DFPP which prevented the establishment of new contracts after September 30, 2012, the “American Taxpayer Relief Act of 2012,”
(ATRA)4 revised the program to allow handlers to enter into new contracts until September 30, 2013. The “Agricultural Act of 2014” (2014 Farm Bill) 5 then extended the program to allow new contracts until September 30, 2018. The Agriculture Improvement Act of 2018 (2018 Farm Bill) 6 reauthorized the program to allow handlers to enter into new contracts until September 30, 2023. The Extension Act 7 extends the program to allow handlers to enter into new contracts until September 30, 2024, subject to a September 30, 2027, expiration date. This final rule applies retroactively to November 16, 2023, in accordance with reauthorization of the DFPP in the Extension Act. 4 Public Law 112-240. 5 Public Law 113-79. 6 Public Law 115-334. 7 Public Law 118-22. Participation in the DFPP is voluntary for dairy farmers, dairy farmer cooperatives, and handlers. Handlers may not require producer participation in a forward pricing program as a condition for accepting milk. USDA, including Market Administrator personnel, does not determine the terms of forward contracts or enforce negotiated prices. This regulation also does not affect contractual arrangements between a cooperative association and its members. Under the DFPP, regulated handlers must still account to the FMMO pool for the classified use value of their milk. Regulated handlers claiming exemption from the Federal order minimum pricing provisions must submit to the Market Administrator a copy of each forward contract. The contract must contain a disclosure statement—either as part of the contract itself or as a supplement—to ensure producers understand the nature of the program as well as the basis on which they will be paid for their milk. Contracts that do not contain a disclosure statement are deemed invalid and returned to the handler. Signed contracts must be received by the Market Administrator before the first of a month, in order to be effective for the month. For example, contracts must be received by the Market Administrator by December 31, 2023, in order to be effective for the month of January 2024. Handlers with forward contracts remain subject to all other milk marketing order provisions. Payments specified under a forward contract must be made on or before the same date as the federal order payments they replace. Required payment dates are specified in 7 CFR 1145.2(e). This final rule reauthorizes producers and cooperative associations of producers to enter into forward price contracts under the DFPP through September 30, 2024. All terms of the new forward contracts must expire prior to September 30, 2027. All other provisions and requirements of the program as provided for in the final rule 8 published October 31, 2008, are still in effect. The California Federal milk marketing order was established ten years later, on November 1, 2018, 9 which also followed two separate extensions of the DFPP. Thus, the California Federal milk marketing order has not been specifically included in the regulatory text of the DFPP as is every other Federal milk marketing order, and that is corrected here. 8 73 FR 64868. 9 83 FR 26547. Executive Orders 12866, 13563 and 14094 USDA is issuing this rule in conformance with Executive Orders 12866, 13563, and 14094. Executive orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health, and safety effects; distributive impacts; and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 14094 reaffirms, supplements, and updates Executive Order 12866 and further directs agencies to solicit and consider input from a wide range of affected and interested parties through a variety of means. This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule has limited retroactive effect to November 16, 2023, in accordance with reauthorization of the DFPP in the Extension Act. This rule will not preempt any State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. Executive Order 13175 This proposed rule has been reviewed under Executive Order 13175—Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have Tribal implications. AMS has determined that this proposed rule is unlikely to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act
(RFA)(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 this proposed rule will not have a significant economic impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be unduly or disproportionately burdened. Marketing orders and amendments thereto are unique in that they are normally brought about through group action of essentially small entities for their own benefit. A small dairy farm as defined by the Small Business Administration
(SBA)(13 CFR 121.201) is one that has an annual gross revenue of $3.75 million or less. The SBA's definition of small agricultural service firms, which includes dairy processors, varies based on the type of dairy product manufactured. Small dairy processors are defined as having between 750 and 1,250 or fewer employees depending on the products made. According to the 2017 USDA National Agricultural Statistics Service
(NASS)Census Report, the most recent report, there were 39,303 farms with milk sales. AMS estimates 36,158 farms, or 92 percent, are considered small businesses. In 2018, 301 handler plants were regulated by or reported their milk receipts to be pooled and priced on a Federal milk marketing order. Of the total, approximately 163 handler plants, or 54 percent, were considered small businesses. Producers and handlers use the DFPP as a risk management tool. Under the DFPP, producers and handlers can “lock-in” prices, thereby minimizing risks associated with price volatility that are particularly difficult for small businesses to mitigate. 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. Section 1601(c)(2)(B) of the 2014 Farm Bill provides that the administration of the DFPP shall be made without regard to the Paperwork Reduction Act (PRA), 44 U.S.C. Chapter 35. Section 1701 of the 2018 Farm Bill extended that Congressional direction through September 30, 2023, and that direction is further extended to September 30, 2024, by the current reauthorization of the DFPP, through the Extension Act. Thus, any information collection conducted for the DFPP is not subject to the PRA. Final Action In accordance with the Extension Act, this final rule extends the DFPP to all Federal milk marketing orders. New contracts under the Program may be entered into until September 30, 2024. Any forward contract entered into up to and until the September 30, 2024, deadline is subject to a September 30, 2027, expiration date. Section 1601(c)(2)(A) of the 2014 Farm Bill provides that the promulgation of the regulations to implement the reauthorization of the DFPP shall be made without regard to the notice and comment requirements of the Administrative Procedure Act, 5 U.S.C. 553. Section 1701 of the 2018 Farm Bill extended the Congressional direction, and Section 102 of the Extension Act extends that direction to the current reauthorization of the DFPP. AMS, therefore, is issuing this final rule without prior notice or public comment. The provisions of this final rule are retroactively effective to November 16, 2023, when the Extension Act became law. As explained above, the DFPP is a voluntary program and AMS will not take action until forward contracts are received from handlers who choose to participate in this program. By making this rule effective retroactive to November 16, 2023, handlers will have the maximum amount of time to begin the contracting process with producers. Thus, it is unnecessary and contrary to the public interest to delay the effective date of the final rule. Additionally, this rule makes two administrative changes to the provisions (7 CFR 1145.1(c) and 7 CFR 1145.2 (a)) to include the California Federal milk marketing order in the list of eligible orders where use of a forward contract is applicable. The California Federal milk marketing order was established on November 1, 2018, and this is the first rulemaking directly relevant to the DFPP since that time. List of Subjects in 7 CFR Part 1145 Government contracts, Milk marketing orders, Price support programs, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 1145 as follows: PART 1145—DAIRY FORWARD PRICING PROGRAM 1. The authority citation for 7 CFR part 1145 continues to read as follows: Authority: 7 U.S.C. 8772. 2. Amend § 1145.1 by revising paragraph
(c)to read as follows: § 1145.1 Definitions.
(c)*Forward contract* means an agreement covering the terms and conditions for the sale of Class II, III or IV milk from a producer defined in 7 CFR 1001.12, 1005.12, 1006.12, 1007.12, 1030.12, 1032.12, 1033.12, 1051.12, 1124.12, 1126.12, 1131.12 or a cooperative association of producers defined in 7 CFR 1000.18, and a handler defined in 7 CFR 1000.9. 3. Amend § 1145.2 by revising paragraphs
(a)and
(b)to read as follows: § 1145.2 Program.
(a)Any handler defined in 7 CFR 1000.9 may enter into forward contracts with producers or cooperatives associations of producers for the handler's eligible volume of milk. Milk under forward contract in compliance with the provisions of this part will be exempt from the minimum payment provisions that would apply to such milk pursuant to 7 CFR 1001.73, 1005.73, 1006.73, 1007.73, 1030.73, 1032.73, 1033.73, 1051.73, 1124.73, 1126.73 and 1131.73 for the period of time covered by the contract.
(b)No forward price contract may be entered into under the program after September 30, 2024, and no forward contract entered into under the program may extend beyond September 30, 2027. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024-03407 Filed 2-20-24; 8:45 am]
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