This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

55608 

Vol. 76, No. 174 

Thursday, September 8, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1033 

[Docket No. AO–11–0333; AMS–DA–11– 

0067; DA–11–04] 

Milk in the Mideast Marketing Area; 

Notice of Hearing on Proposed 

Amendments to Tentative Marketing 

Agreement and Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of public hearing on 

proposed rulemaking. 

SUMMARY: A public hearing is being held 

to consider and take evidence on a 

proposal to modify the Pool Plant 

Definition in the Mideast Milk 

Marketing Order. 

DATES: The hearing will convene at 

8 a.m. on Tuesday, October 4, 2011. 

ADDRESSES: The hearing will be held at 

the Westin Cincinnati Hotel, 21 E 5th 

Street, Cincinnati, Ohio 45202, (513) 

621–7700. 

FOR FURTHER INFORMATION CONTACT: 

William Francis, Director, Order 

Formulation and Enforcement Division, 

USDA/AMS/Dairy Programs, Stop 

0231–Room 2971–S, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0231, (202) 720–7183, e-mail: 

William.Francis@ams.usda.gov. 

Persons requiring a sign language 

interpreter or other special 

accommodations should contact Paul 

Huber, Market Administrator, before the 

hearing begins at (330) 225–4758 or 

e-mail: phuber@fmmaclev.com. 

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. 

Notice is hereby given of a public 

hearing to be held at the Westin 

Cincinnati Hotel, Cincinnati, Ohio 

beginning at 8 a.m. on Tuesday, October 

4, 2011, with respect to a proposed 

amendment to the tentative marketing 

agreement and to the order regulating 

the handling of milk in the Mideast 

marketing area. 

The hearing is called pursuant to the 

provisions of the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674) (Act), and the 

applicable rules of practice and 

procedure governing the formulation of 

marketing agreements and marketing 

orders (7 CFR part 900). 

The purpose of the hearing is to 

receive evidence with respect to the 

economic and marketing conditions 

which relate to the proposed 

amendments, hereinafter set forth, and 

any appropriate modifications thereof, 

to the tentative marketing agreement 

and to the order. 

Evidence also will be taken to 

determine whether emergency 

marketing conditions exist that would 

warrant omission of a recommended 

decision under the rules of practice and 

procedure (7 CFR 900.12(d)) with 

respect to any proposed amendments. 

Actions under the Federal milk order 

program are subject to the Regulatory 

Flexibility Act (5 U.S.C. 601–612) 

(RFA). The RFA seeks to ensure that, 

within the statutory authority of a 

program, the regulatory and information 

collection requirements are tailored to 

the size and nature of small businesses. 

For the purpose of the RFA, a dairy farm 

is 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 (13 CFR 121.201). Most 

parties subject to a milk order are 

considered as a small business. 

Accordingly, interested parties are 

invited to present evidence on the 

probable regulatory and informational 

impact of the hearing proposals on 

small businesses. Also, parties may 

suggest modifications of these proposals 

for the purpose of tailoring their 

applicability to small businesses. 

The amendments to the rules 

proposed herein have been reviewed 

under Executive Order 12988, Civil 

Justice Reform. They are not intended to 

have a retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 8c(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 (USDA) 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 

USDA 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, has 

its principal place of business, has 

jurisdiction in equity to review the 

USDA’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. 

Interested parties who wish to 

introduce exhibits should provide the 

Administrative Law Judge at the hearing 

with (4) copies of such exhibits for the 

Official Record. Additional copies 

should be made available for use by 

other hearing participants. Any party 

that has submitted a proposal notice 

herein, when participating as a witness, 

is required to make their testimony—if 

prepared as an exhibit—and any other 

exhibits, available to USDA officials 

prior to the start of the hearing on the 

day of their appearance. Individual 

dairy farmers are not subject to this 

requirement. 

The hearing will continue until such 

time as determined to have ended by the 

presiding Administrative Law Judge. If 

necessary, the schedule for the next 

session will be announced at the time of 

adjournment. Such reconvening date 

and time will also be posted on the 

AMS-Dairy Programs Web site at: http://

www.ams.usda.gov/dairy. 

The proposed amendments, as set 

forth below, have not received the 

approval of the Department. 

List of Subjects in 7 CFR Part 1033 

Milk marketing orders. 

The authority citations for 7 CFR part 

1033 read as follows: 

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


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Proposed Rules 55609 

Proposed by Foremost Farms USA 

Cooperative, Inc.; National Farmers 

Organization, Inc.; Dairy Farmers of 

America, Inc.; Michigan Milk 

Producers Association; Dairylea 

Cooperative, Inc.; and Continental 

Dairy Products, Inc. 

Proposal 1 

This proposal seeks to alter the 

definition of a pool distributing plant 

within the Mideast Milk Marketing 

Order. Specifically, the proposal 

recommends that a distributing plant, 

which is physically located within the 

Mideast Milk Marketing Order, be 

regulated by that order if half of its total 

route disposition is within Federal Milk 

Marketing Area boundaries and its sales 

patterns are such that no one Order has 

more than 25% of its sales volume. This 

proposed change would only affect the 

Mideast Milk Marketing Order. 

1. Amend § 1033.7 by revising 

paragraph (a) to read as follows: 

§ 1033.7 Pool plant 

* * * * * 

(a) A distributing plant, other than a 

plant qualified as a pool plant pursuant 

to paragraph (b) of this section or 

§ ____.7(b) of any other Federal milk 

order, from which during the month 30 

percent or more of the total quantity of 

fluid milk products physically received 

at the plant (excluding concentrated 

milk received from another plant by 

agreement for other than Class I use) are 

disposed of as route disposition or are 

transferred in the form of packaged fluid 

milk products to other distributing 

plants. At least 25 percent of such route 

disposition and transfers must be to 

outlets in the marketing area. Plants 

located within the marketing area with 

combined route disposition and 

transfers of at least 50% into Federal 

Order marketing areas but without 25% 

of route disposition and transfers into 

any one Federal Order will be regulated 

as a distributing plant in this Order. 

* * * * * 

Proposed by Dairy Programs, 

Agricultural Marketing Service 

Proposal 2 

Make such changes as may be 

necessary to make the entire marketing 

agreement and the order conform with 

any amendments thereto that may result 

from this hearing. 

Copies of this notice of hearing and 

the order may be procured from the 

Market Administrator of the Mideast 

Marketing Area, or from the Hearing 

Clerk, United States Department of 

Agriculture, STOP 9200—Room 1031, 

1400 Independence Avenue, SW., 

Washington, DC 20250–9200, or may be 

inspected there. 

Copies of the transcript of testimony 

taken at the hearing will not be available 

for distribution through the Hearing 

Clerk’s Office. If you wish to purchase 

a copy, arrangements may be made with 

the reporter at the hearing. Copies of the 

transcript will also be made available 

online at: http://www.ams.usda.gov/ 

dairy. 

From the time that a hearing notice is 

issued and until the issuance of a final 

decision in a proceeding, Department 

employees involved in the decisionmaking process are prohibited from 

discussing the merits of the hearing 

issues on an ex parte basis with any 

person having an interest in the 

proceeding. For this particular 

proceeding, the prohibition applies to 

employees in the following 

organizational units: 

Office of the Secretary of Agriculture, 

Office of the Administrator, Agricultural 

Marketing Service, Office of the General 

Counsel, Dairy Programs, Agricultural 

Marketing Service (Washington Office) 

and the Offices of all Market 

Administrators. 

Procedural matters are not subject to 

the above prohibition and may be 

discussed at any time. 

Dated: September 2, 2011. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2011–22945 Filed 9–7–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2010–BT–PET–0047] 

RIN 1904–AC57 

Energy Conservation Program for 

Consumer Products: Request for 

Exclusion of 120 Volt, 100 Watt R20 

Short Incandescent Reflector Lamp for 

Spa Applications From Energy 

Conservation Standards 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy (DOE). 

ACTION: Request for information and 

notice of granting of petition for 

rulemaking. 

SUMMARY: The Department of Energy 

received a petition from the National 

Electrical Manufacturers Association 

requesting the initiation of a rulemaking 

to exclude from coverage under Energy 

Policy and Conservation Act standards 

120 volt, 100 watt, R20 short (having a 

maximum overall length of 35⁄8 or 3.625 

inches) incandescent reflector lamps 

marketed for use in hot tub spas. DOE 

published this petition and a request for 

comments in the Federal Register on 

December 23, 2010. Based upon its 

evaluation of the petition and careful 

consideration of the public comments, 

DOE has decided to grant this petition 

for rulemaking. DOE seeks comments 

that will inform its rulemaking to 

determine whether 120 volt, 100 watt, 

R20 short incandescent reflector lamps 

should be excluded from energy 

conservation standards. 

DATES: Written comments on this 

document and information requested 

must be submitted on or before October 

11, 2011. 

ADDRESSES: Any comments submitted 

must identify the Request for 

Information (RFI) for Spa Lamps and 

provide Docket Number EERE–2010– 

BT–PET–0047 and/or Regulatory 

Information Number (RIN) 1904–AC57. 

Comments may be submitted using any 

of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) E-mail: ShortLampsPetition-2010- 

PET-0047@ee.doe.gov. Include docket 

number EERE–2010–BT–PET–0047 and/ 

or RIN 1904–AC57 in the subject line of 

the message. 

(3) Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

(4) Hand Delivery/Courier: Ms. 

Brenda Edwards, U.S. Department of 

Energy, Building Technologies Program, 

950 L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: For access to the docket to 

read background documents, or 

comments received, go to the Federal 

eRulemaking Portal at http://www.

regulations.gov. All documents in the 

docket are listed in the http://www.

regulations.gov index. However, not all 

documents listed in the index may be 

publicly available, such as information 

that is exempt from public disclosure. 

A link to the docket Web page on the 

http://www.regulations.gov site can be 

found at: http://www1.eere.energy.gov/

buildings/appliance_standards/


jlentini on DSK4TPTVN1PROD with PROPOSALS