Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71697

of entry to the United States for the 

remainder of the shipping season. 

(B) If inspectors find evidence of any 

other quarantine pest, the fruit in the 

consignment will remain eligible for 

importation into the United States only 

if an authorized treatment for the pest 

is available in the PPQ Treatment 

Manual and the entire consignment is 

treated for the pest in Chile under 

APHIS supervision. 

(iii) Each consignment of fruit must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of Chile 

that contains an additional declaration 

stating that the fruit in the consignment 

meets the conditions of § 319.56–

2mm(d). 

(e) Approved fumigation.

Clementines, mandarins, or tangerines 

that do not meet the conditions of 

paragraph (d) of this section may be 

imported into the United States if the 

fruit is fumigated either in Chile or at 

the port of first arrival in the United 

States with methyl bromide for B. 

chilensis in accordance with the PPQ 

Treatment Manual, which is 

incorporated by reference at § 300.1 of 

this chapter. An APHIS inspector will 

monitor the fumigation of the fruit and 

will prescribe such safeguards as may be 

necessary for unloading, handling, and 

transportation preparatory to 

fumigation. The final release of the fruit 

for entry into the United States will be 

conditioned upon compliance with 

prescribed safeguards and required 

treatment. 

(f) Trust fund agreement.

Clementines, mandarins, and tangerines 

may be imported into the United States 

under this section only if the NPPO of 

Chile has entered into a trust fund 

agreement with APHIS. This agreement 

requires the NPPO of Chile to pay in 

advance of each shipping season all 

costs that APHIS estimates it will incur 

in providing inspection and treatment 

monitoring services in Chile during that 

shipping season. These costs include 

administrative expenses and all salaries 

(including overtime and the Federal 

share of employee benefits), travel 

expenses (including per diem expenses), 

and other incidental expenses incurred 

by APHIS in performing these services. 

The agreement requires the NPPO of 

Chile to deposit a certified or cashier’s 

check with APHIS for the amount of 

these costs, as estimated by APHIS. If 

the deposit is not sufficient to meet all 

costs incurred by APHIS, the agreement 

further requires the NPPO of Chile to 

deposit with APHIS a certified or 

cashier’s check for the amount of the 

remaining costs, as determined by 

APHIS, before APHIS will provide any 

more services related to the inspection 

and treatment of clementines, 

mandarins, and tangerines in Chile. 

After a final audit at the conclusions of 

each shipping season, any overpayment 

of funds would be returned to the NPPO 

of Chile, or held on account until 

needed, at their option.

(Approved by the Office of Management and 

Budget under control number 0579–0242.)

Done in Washington, DC, this 23rd day of 

November, 2004. 

Peter Fernandez, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 04–27075 Filed 12–9–04; 8:45 am] 

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Parts 1005, 1006, and 1007

[Docket No. AO–388–A16, AO–356–A38, and 

AO–366–A45; DA–04–07] 

Milk in the Appalachian, Florida, and 

Southeast Marketing Areas; Order 

Amending the Orders

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final Rule.

SUMMARY: This final rule amends the 

Appalachian, Florida, and Southeast 

Federal milk marketing orders (Orders 

5, 6, and 7). Specifically, the final rule 

implements a temporary supplemental 

charge on Class I milk that will be 

disbursed to handlers who incurred 

extraordinary transportation costs for 

bulk milk movements in and to Orders 

5, 6, and 7 as a result of hurricanes 

Charley, Frances, Ivan and Jeanne. The 

amendments are based on record 

evidence of a public hearing held on 

October 7, 2004. More than the required 

number of dairy farmers approved the 

issuance of the amended orders.

DATES: Effective Date: December 10, 

2004.

FOR FURTHER INFORMATION CONTACT:

Antoinette M. Carter, Marketing 

Specialist, USDA/AMS/Dairy Programs, 

Order Formulation and Enforcement 

Branch, STOP 0231—Room 2971, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0231, (202) 690–

3465, e-mail address: 

antoinette.carter@usda.gov.

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. 

This final 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 

the rule. 

The Agricultural Marketing 

Agreement Act of 1937, 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 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 

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 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 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. 

71698 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

During August 2004, the most recent 

representative month, the milk of 7,239 

dairy farmers was pooled under the 

Appalachian (Order 5), Florida (Order 

6), and Southeast (Order 7) milk orders 

(3,400 Order 5 dairy farmers, 267 Order 

6 dairy farmers, and 3,572 Order 7 dairy 

farmers, respectively). Of the 7,239 

dairy farmers, 80 percent met the 

definition of small business. 

Specifically, the number of dairy 

farmers considered small businesses for 

Order 5, Order 6, and Order 7 were 

3,230 or 95 percent, 134 or 50 percent, 

and 3,407 or 95 percent, respectively. 

During August 2004, there were 65 

fully regulated plants under Orders 5, 6, 

and 7. Of the 65 plants, 7 were 

considered small businesses. 

Specifically, there were 25 Order 5 

plants (of which 2 were small 

businesses), 12 Order 6 plants (of which 

3 were small businesses), and 28 Order 

7 plants (of which 2 were small 

businesses). 

The amendments in this final rule 

will provide temporary reimbursement 

to handlers (cooperative associations 

and proprietary handlers) who incurred 

extraordinary transportation expenses 

for bulk milk movements resulting from 

the impact of hurricanes Charley, 

Frances, Ivan, and Jeanne on the 

Southeastern United States, particularly 

the State of Florida. The proposed 

amendments were requested by Dairy 

Farmers of America, Inc., Lone Star 

Milk Producers, Inc., Maryland & 

Virginia Milk Producers Cooperative 

Association, Inc., and Southeast Milk, 

Inc. The dairy farmer members of these 

four cooperatives supply the majority of 

the milk pooled under the Appalachian, 

Florida, and Southeast orders. The final 

rule will implement, for a 3-month 

period beginning January 1, 2005, a 

supplemental increase in the Class I 

milk price at a rate not to exceed $.04 

per hundredweight of milk in the 

Appalachian and Southeast orders, and 

a rate not to exceed $.09 per 

hundredweight of milk in the Florida 

order. The amount generated through 

the Class I milk increase will be 

disbursed during February 2005 through 

April 2005 to qualifying handlers who 

incurred extraordinary transportation 

costs as a result of the hurricanes. The 

reimbursement for extraordinary 

transportation costs will be disbursed to 

qualifying handlers on an actual 

transportation costs basis or at a rate of 

$2.25 per loaded mile, whichever is 

less. 

The aforementioned hurricanes 

occurred during a 7-week period of time 

and disrupted the orderly flow of milk 

movements in and to the Appalachian, 

Florida, and Southeast marketing areas. 

The four hurricanes caused handlers in 

the southeastern markets, particularly in 

the Florida marketing area, to 

experience disruptions in moving bulk 

milk to supply the Class I (fluid milk) 

needs of the individual marketing areas. 

One of the functions of the Federal 

milk order program is to provide for the 

orderly exchange of milk between the 

dairy farmer and the handler (first 

buyer) to ensure the Class I needs of the 

market are met. The record evidence 

clearly reveals that the movements of 

bulk milk for Orders 5 and 7, and 

particularly Order 6 were disrupted due 

to the hurricanes. Accordingly, the 

amendments adopted in this final rule 

will provide temporary transportation 

cost reimbursement to handlers who 

incurred additional transportation 

expenses for bulk milk movements that 

were disrupted as a result of 

extraordinary weather conditions in 

Orders 5, 6, and 7.

The amendments will provide 

reimbursement to handlers for 

transportation expenses totaling over 

$1.6 million for movements of bulk milk 

due to the hurricanes. The supplemental 

increase in the minimum price of Class 

I milk at a maximum rate of $.09 per 

hundredweight for Order 6 is 

anticipated to increase the price of a 

gallon of milk by not more than $0.0078 

(i.e., less than 1-cent) during each 

month of the 3-month period. Likewise, 

a supplemental increase at a maximum 

rate of $.04 per hundredweight for 

Orders 5 and 7 is anticipated to increase 

the price of a gallon of milk by not more 

than $0.0034 (i.e., less than 1-cent) 

during each month of the 3-month 

period. The estimated impact on the 

price per gallon of milk was calculated 

by converting the hundredweight value 

to gallons using 8.62 pounds of milk per 

gallon. 

Handlers in Orders 5, 6, and 7 should 

not be placed at a competitive 

disadvantage because of the temporary 

and limited supplemental increase in 

the minimum Class I milk price. The 

amendments also are not expected to 

impact the blend price of dairy farmers. 

Accordingly, the adopted amendments 

should not significantly impact 

producers or handlers due to the limited 

implementation period and the 

minimum increase in the Class I milk 

price. 

Paperwork Reduction Act 

A review of reporting requirements 

was completed under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35). As such, the information 

collection requirements in this final rule 

do not require clearance by the Office of 

Management and Budget (OMB) beyond 

the currently approved information 

collections. This final rule will impose 

only minimal reporting requirements on 

handlers applying for reimbursement of 

additional transportation expenses 

incurred due to the aforementioned 

hurricanes. 

Prior documents in this proceeding: 

Notice of Hearing: Issued September 

28, 2004; published September 30, 2004 

(69 FR 58368). 

Final Decision: Issued November 15, 

2004; published November 19, 2004 (69 

FR 67670). 

Findings and Determinations 

The following findings and 

determinations hereinafter set forth 

supplement those that were made when 

the Appalachian, Florida, and Southeast 

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 each of the 

aforesaid 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 specified 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, 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 regulates 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, marketing agreements upon 

which a hearing has been held. 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71699

(b) Additional Findings. It is 

necessary and in the public interest to 

make these amendments to the 

Appalachian, Florida, and Southeast 

orders effective December 10, 2004. This 

effective date will ensure the timely 

implementation of the amendments. 

The amendments to these orders are 

known to handlers. The final decision 

containing the proposed amendments to 

these orders was issued on November 

15, 2004. 

The changes that result from these 

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 theses amendments effective 

December 10, 2004. It would be contrary 

to the public interest to delay the 

effective date of these amendments for 

30 days after their publication in the 

Federal Register. (Sec. 553(d), 

Administrative Procedure Act, 5 U.S.C 

551–559.) 

(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 that 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 Appalachian, Florida, and 

Southeast orders are 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 order 

amending the Appalachian, Florida, and 

Southeast orders are favored by at least 

two-thirds of the producers who were 

engaged in the production of milk for 

sale in each of the marketing areas.

List of Subjects in 7 CFR Parts 1005, 

1006, and 1007

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 Appalachian, Florida, and 

Southeast marketing areas shall be in 

conformity to and in compliance with 

the terms and conditions of the orders, 

as amended, and as hereby further 

amended, as follows:

PARTS 1005, 1006, and 1007—

[AMENDED]

■ 1. The authority citation for 7 CFR 

parts 1005, 1006, and 1007 continues to 

read as follows:

Authority: 7 U.S.C. 601–674.

PART 1005—MILK IN THE 

APPALACHIAN MARKETING AREA

■ 2. Section 1005.60 is amended by 

revising paragraph (a) and adding a new 

paragraph (g) to read as follows:

§ 1005.60 Handler’s value of milk.

* * * * *

(a) Multiply the pounds of skim milk 

and butterfat in producer milk that were 

classified in each class pursuant to 

§ 1000.44(c) by the applicable skim milk 

and butterfat prices, and add the 

resulting amounts; except that for the 

months of January 2005 through March 

2005, the Class I skim milk price for this 

purpose shall be the Class I skim milk 

price as determined in § 1000.50(b) plus 

$0.04 per hundredweight, and the Class 

I butterfat price for this purpose shall be 

the Class I butterfat price as determined 

in § 1000.50(c) plus $0.0004 per pound. 

The adjustments to the Class I skim milk 

and butterfat prices provided herein 

may be reduced by the market 

administrator for any month if the 

market administrator determines that 

the payments yet unpaid computed 

pursuant to paragraphs (g)(1) through (5) 

and paragraph (g)(7) of this section will 

be less than the amount computed 

pursuant to paragraph (g)(6) of this 

section. The adjustments to the Class I 

skim milk and butterfat prices provided 

herein during the months of January 

2005 through March 2005 shall be 

announced along with the prices 

announced in § 1000.53(b);

* * * * *

(g) For the months of January 2005 

through March 2005 for handlers who 

have submitted proof satisfactory to the 

market administrator to determine 

eligibility for reimbursement of 

transportation costs, subtract an amount 

equal to: 

(1) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool distributing plant which were 

delivered as a result of hurricanes 

Charley, Frances, Ivan, and Jeanne; 

(2) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool supply plant that was then 

transferred to a pool distributing plant 

which were delivered as a result of 

hurricanes Charley, Frances, Ivan, and 

Jeanne; 

(3) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from a pool 

supply plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan, and Jeanne; 

(4) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from another 

order plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan, and Jeanne; and

(5) The cost of transportation on loads 

of bulk milk transferred or diverted to 

a plant regulated under another Federal 

order or to other nonpool plants which 

were delivered as a result of hurricanes 

Charley, Frances, Ivan, and Jeanne. 

(6) The total amount of payment to all 

handlers under this section shall be 

limited for each month to an amount 

determined by multiplying the total 

Class I producer milk for all handlers 

pursuant to § 1000.44(c) times $0.04 per 

hundredweight. 

(7) If the cost of transportation 

computed pursuant to paragraphs (g)(1) 

through (5) of this section exceeds the 

amount computed pursuant to 

paragraph (g)(6) of this section, the 

market administrator shall prorate such 

payments to each handler based on the 

handler’s proportion of transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section. 

Transportation costs submitted pursuant 

to paragraphs (g)(1) through (5) of this 

section which are not paid as a result of 

such a proration shall be included in 

each subsequent month’s transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section until 

paid, or until the time period for such 

payments is concluded. 

(8) The reimbursement of 

transportation costs pursuant to this 

section shall be the actual demonstrated 

cost of such transportation of bulk milk 

delivered or rerouted as described in 

paragraphs (g)(1) through (5) of this 

section, or the miles of transportation on 

loads of bulk milk delivered or rerouted 

as described in paragraphs (g)(1) 

through (5) of this section multiplied by 

$2.25 per loaded mile, whichever is 

less. 

(9) For each handler, the 

reimbursement of transportation costs 

pursuant to paragraph (g) of this section 

for bulk milk delivered or rerouted as 

described in paragraphs (g)(1) through 

(5) of this section shall be reduced by 

the amount of payments received for 

such milk movements from the 

transportation credit balancing fund 

pursuant to § 1005.82.

71700 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 

PART 1006—MILK IN THE FLORIDA 

MARKETING AREA

■ 3. Section 1006.60 is amended by 

revising paragraph (a) and adding a new 

paragraph (g) to read as follows:

§ 1006.60 Handler’s value of milk.

* * * * *

(a) Multiply the pounds of skim milk 

and butterfat in producer milk that were 

classified in each class pursuant to 

§ 1000.44(c) by the applicable skim milk 

and butterfat prices, and add the 

resulting amounts; except that for the 

months of January 2005 through March 

2005, the Class I skim milk price for this 

purpose shall be the Class I skim milk 

price as determined in § 1000.50(b) plus 

$0.09 per hundredweight, and the Class 

I butterfat price for this purpose shall be 

the Class I butterfat price as determined 

in § 1000.50(c) plus $0.0009 per pound. 

The adjustments to the Class I skim milk 

and butterfat prices provided herein 

may be reduced by the market 

administrator for any month if the 

market administrator determines that 

the payments yet unpaid computed 

pursuant to paragraphs (g)(1) through (5) 

and paragraph (g)(7) of this section will 

be less than the amount computed 

pursuant to paragraph (g)(6) of this 

section. The adjustments to the Class I 

skim milk and butterfat prices provided 

herein during the months of January 

2005 through March 2005 shall be 

announced along with the prices 

announced in § 1000.53(b);

* * * * *

(g) For the months of January 2005 

through March 2005 for handlers who 

have submitted proof satisfactory to the 

market administrator to determine 

eligibility for reimbursement of 

transportation costs subtract an amount 

equal to: 

(1) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool distributing plant which were 

delivered as a result of hurricanes 

Charley, Frances, Ivan, and Jeanne; 

(2) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool supply plant that was then 

transferred to a pool distributing plant 

which were delivered as a result of 

hurricanes Charley, Frances, Ivan, and 

Jeanne;

(3) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from a pool 

supply plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan, and Jeanne; 

(4) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from another 

order plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan, and Jeanne; and 

(5) The cost of transportation on loads 

of bulk milk transferred or diverted to 

a plant regulated under another Federal 

order or to other nonpool plants which 

were delivered as a result of hurricanes 

Charley, Frances, Ivan, and Jeanne. 

(6) The total amount of payment to all 

handlers under this section shall be 

limited for each month to an amount 

determined by multiplying the total 

Class I producer milk for all handlers 

pursuant to § 1000.44(c) times $0.09 per 

hundredweight. 

(7) If the cost of transportation 

computed pursuant to paragraphs (g)(1) 

through (5) of this section exceeds the 

amount computed pursuant to 

paragraph (g)(6) of this section, the 

market administrator shall prorate such 

payments to each handler based on each 

handler’s proportion of transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section. 

Transportation costs submitted pursuant 

to paragraphs (g)(1) through (5) of this 

section which are not paid as a result of 

such a proration shall be included in 

each subsequent month’s transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section until 

paid, or until the time period for such 

payments has concluded. 

(8) The reimbursement of 

transportation costs pursuant to this 

section shall be the actual demonstrated 

cost of such transportation of bulk milk 

delivered or rerouted as described in 

paragraphs (g)(1) through (5) of this 

section, or the miles of transportation on 

loads of bulk milk delivered or rerouted 

as described in paragraphs (g)(1) 

through (5) of this section multiplied by 

$2.25 per loaded mile, whichever is 

less.

PART 1007—MILK IN THE SOUTHEAST 

MARKETING AREA

■ 4. Section 1007.60 is amended by 

revising paragraph (a) and adding a new 

paragraph (g) to read as follows:

§ 1007.60 Handler’s value of milk

* * * * *

(a) Multiply the pounds of skim milk 

and butterfat in producer milk that were 

classified in each class pursuant to 

§ 1000.44(c) by the applicable skim milk 

and butterfat prices, and add the 

resulting amounts; except that for the 

months of January 2005 through March 

2005, the Class I skim milk price for this 

purpose shall be the Class I skim milk 

price as determined in § 1000.50(b) plus 

$0.04 per hundredweight, and the Class 

I butterfat price for this purpose shall be 

the Class I butterfat price as determined 

in § 1000.50(c) plus $0.0004 per pound. 

The adjustments to the Class I skim milk 

and butterfat prices provided herein 

may be reduced by the market 

administrator for any month if the 

market administrator determines that 

the payments yet unpaid computed 

pursuant to paragraphs (g)(1) through (5) 

and paragraph (g)(7) of this section will 

be less than the amount computed 

pursuant to paragraph (g)(6) of this 

section. The adjustments to the Class I 

skim milk and butterfat prices provided 

herein during the months of January 

2005 through March 2005 shall be 

announced along with the prices 

announced in § 1000.53(b);

* * * * *

(g) For the months of January 2005 

through March 2005 for handlers who 

have submitted proof satisfactory to the 

market administrator to determine 

eligibility for reimbursement of 

transportation costs, subtract an amount 

equal to: 

(1) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool distributing plant which were 

delivered as a result of hurricanes 

Charley, Frances, Ivan, and Jeanne; 

(2) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool supply plant that was then 

transferred to a pool distributing plant 

which were delivered as a result of 

hurricanes Charley, Frances, Ivan, and 

Jeanne; 

(3) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from a pool 

supply plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan, and Jeanne; 

(4) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from another 

order plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan, and Jeanne; and 

(5) The cost of transportation on loads 

of bulk milk transferred or diverted to 

a plant regulated under another Federal 

order or to other nonpool plants which 

were delivered as a result of hurricanes 

Charley, Frances, Ivan, and Jeanne. 

(6) The total amount of payment to all 

handlers under this section shall be 

limited for each month to an amount 

determined by multiplying the total 

Class I producer milk for all handlers 

pursuant to § 1000.44(c) times $0.04 per 

hundredweight. 

(7) If the cost of transportation 

computed pursuant to paragraphs (g)(1) 

through (5) of this section exceeds the 

amount computed pursuant to 

paragraph (g)(6) of this section, the 

market administrator shall prorate such

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Rules and Regulations 71701

payments to each handler based on each 

handler’s proportion of transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section. 

Transportation costs submitted pursuant 

to paragraphs (g)(1) through (5) of this 

section which are not paid as a result of 

such a proration shall be included in 

each subsequent month’s transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section until 

paid, or until the time period for such 

payments has concluded. 

(8) The reimbursement of 

transportation costs pursuant to this 

section shall be the actual demonstrated 

cost of such transportation of bulk milk 

delivered or rerouted as described in 

paragraphs (g)(1) through (5) of this 

section, or the miles of transportation on 

loads of bulk milk delivered or rerouted 

as described in paragraphs (g)(1) 

through (5) of this section multiplied by 

$2.25 per loaded mile, whichever is 

less. 

(9) For each handler, the 

reimbursement of transportation costs 

pursuant to paragraph (g) of this section 

for bulk milk delivered or rerouted as 

described in paragraphs (g)(1) through 

(5) of this section shall be reduced by 

the amount of payments received for 

such milk movements from the 

transportation credit balancing fund 

pursuant to § 1007.82.

Dated: December 7, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–27159 Filed 12–7–04; 2:54 pm] 

BILLING CODE 3410–02–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–17136; Airspace 

Docket No. 04–AGL–08] 

Modification of Class D Airspace; 

Camp Douglas, WI; Correction

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects an error 

contained in a final rule that was 

published in the Federal Register on 

Tuesday, August 24, 2004 (69 FR 

51945). The final rule modified Class D 

airspace at Camp Douglas, WI.

EFFECTIVE DATE: 0901 UTC, November 

25, 2004.

FOR FURTHER INFORMATION CONTACT: J. 

Mark Reeves, Central Service Office, 

Airspace Branch, AGL–520, Federal 

Aviation Administration, 2300 East 

Devon Avenue, Des Plaines, IL 60018, 

telephone: (847) 294–7477.

SUPPLEMENTARY INFORMATION:

History 

Federal Register document 04–19374 

published on Tuesday, August 24, 2004 

(69 FR 51945), modified Class D 

airspace at Camp Douglas, WI. A portion 

of the Class D airspace radius was left 

out of the legal description. This action 

corrects this error.

■ Accordingly, pursuant to the authority 

delegated to me, the error for the Class 

D airspace, Camp Douglas, WI, as 

published in the Federal Register

Tuesday, August 24, 2004, (69 FR 

51945). (FR Doc. 04–19374), is corrected 

as follows:

PART 71—[AMENDED]

§ 71.1 [Corrected]

■ 1. On page 51945, Column 3; change 

the legal description to read: 

That airspace extending upward from 

the surface to and including 3,400 feet 

MSL within a 5.2-mile radius of Volk 

Field from the Volk Field 100° bearing 

clockwise to the Volk Field 250°

bearing, and within a 5.8-mile radius of 

the Volk Field 250° bearing clockwise to 

the Volk Field 110° bearing. This Class 

D airspace is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The 

effective date and time will thereafter be 

continuously published in the Airport/

Facility Directory.

Issued in Des Plaines, Illinois on November 

16, 2004. 

Nancy B. Kort, 

Area Director, Central Terminal Operations.

[FR Doc. 04–27090 Filed 12–9–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–16705; Airspace 

Docket No. 03–AGL–20] 

Modification of Class D Airspace; 

Mount Clemens, MI; Correction

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects an error 

contained in a final rule that was 

published in the Federal Register on 

Tuesday, August 24, 2004 (69 FR 

51943). The final rule modified Class D 

airspace at Mount Clemens, MI.

EFFECTIVE DATE: 0901 UTC, November 

25, 2004.

FOR FURTHER INFORMATION CONTACT: J. 

Mark Reeves, Central Service Office, 

Airspace Branch, AGL–520, Federal 

Aviation Administration, 2300 East 

Devon Avenue, Des Plaines, IL 60018, 

telephone: (847) 294–7477.

SUPPLEMENTARY INFORMATION: 

History 

Federal Register document 04–19376 

published on Tuesday, August 24, 2004 

(69 FR 51943), modified Class D 

airspace at Mount Clemens, MI. The 

coordinates for the Selfridge TACAN 

were left out of the legal description. 

This action corrects this error.

■ Accordingly, pursuant to the authority 

delegated to me, the error for the Class 

D airspace, Mount Clemens, MI, as 

published in the Federal Register

Tuesday, August 24, 2004, (69 FR 

51943), (FR Doc. 04–19376), is corrected 

as follows:

PART 71—[AMENDED]

§ 71.1 [Corrected]

■ On page 51943, Column 3, in the 

heading of the legal description after 

‘‘(Lat. 42°36′03′′ N., long. 82°50′14′′ W.)’’

add: 

‘‘Selfridge TACAN

(Lat. 42°36′46′′ N., long. 82°49′54′′ W.)’’

Issued in Des Plaines, Illinois on November 

16, 2004. 

Nancy B. Kort, 

Area Director, Central Terminal Operations.

[FR Doc. 04–27092 Filed 12–9–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No.FAA–2004–17094; Airspace 

Docket No. 04–AGL–03] 

Establishment of Class E Airspace; 

Northwood, ND; Correction

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects an error 

contained in a final rule that was 

published in the Federal Register on 

Tuesday, August 24, 2004 (69 FR 

51948). The final rule established Class 

E airspace at Northwood, ND.

EFFECTIVE DATE: 0901 UTC, November 

25, 2004.