24668 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations 

Done in Washington, DC, this 18th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–09801 Filed 4–25–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1000, 1001, 1005, 1006, 

1007, 1030, 1032, 1033, 1124, 1126, and 

1131 

[Docket No. AMS–DA–13–0016; AO–14–A74, 

et al.; DA–06–01] 

Milk in the Northeast and Other 

Marketing Areas; Termination of 

Proceeding on Proposed Amendments 

to Tentative Marketing Agreements 

and Orders 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Termination of proceeding. 

SUMMARY: This action terminates a 

proceeding that amended manufacturing 

allowances of the Class III and Class IV 

price formulas applicable to all Federal 

milk marketing orders on an interim 

basis. However, subsequent formal 

rulemaking proceedings have 

superseded these amendments and 

therefore, action on this proceeding is 

terminated. 

DATES: April 29, 2013. 

FOR FURTHER INFORMATION CONTACT: Erin 

C Taylor, Marketing Specialist, USDA/ 

AMS/Dairy Programs, Order 

Formulation and Enforcement, Stop 

0231-Room 2971–S, 1400 Independence 

Avenue SW., Washington, DC 20250– 

0231, (202) 720–7311, email address: 

erin.taylor@ams.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. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), the 

Agricultural Marketing Service has 

considered the economic impact of this 

action on small entities and has certified 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. For the 

purpose of the Regulatory Flexibility 

Act, a dairy farm is considered a small 

business if it has an annual gross 

revenue of less than $750,000, and a 

dairy products manufacturer is a small 

business if it has fewer than 500 

employees. 

For the purposes of determining 

which dairy farms are small businesses, 

the $750,000 per year criterion was used 

to establish a production guideline of 

500,000 pounds per month. Although 

this guideline does not factor in 

additional monies that may be received 

by dairy farms, it should be an inclusive 

standard for most small dairy farms. For 

purposes of determining a handler’s 

size, if the plant is part of a larger 

company operating multiple plants that 

collectively exceed the 500-employee 

limit, the plant will be considered a 

large business even if the local plant has 

fewer than 500 employees. 

For the month of January 2006, the 

month the initial public hearing was 

held, the milk of 52,570 dairy farms was 

pooled on the Federal order system. Of 

the total, 49,153 dairy farms, or 94 

percent, were considered small 

businesses. During the same month, 536 

plants were regulated by or reported 

their milk receipts to be pooled and 

price on a Federal order. Of the total, 

286 plants, or 53 percent, were 

considered small businesses. 

Because this action terminates this 

rulemaking proceeding without 

amending the present rules, the 

economic conditions of small entities 

are not changed as a result of this 

action. Also, this action does not change 

reporting, record keeping, or other 

compliance requirements. 

Prior documents in this proceeding: 

Notice of Hearing: Issued December 

30, 2005; published January 5, 2006 (71 

FR 545). 

Notice of Intent to Reconvene 

Hearing: Issued June 23, 2006; 

published June 28, 2006 (71 FR 36715). 

Notice to Reconvene Hearing: Issued 

August 31, 2006; published September 

6, 2006 (71 FR 52502). 

Tentative Final Decision: Issued 

November 20, 2006, Published 

November 22, 2006 (71 FR 67467). 

Interim Final Rule: Issued December 

26, 2006, Published December 29, 2006 

(71 FR 78333). 

Preliminary Statement 

A national public hearing was held in 

this proceeding to consider a proposal 

to amend the Class III and Class IV milk 

price formula manufacturing allowances 

applicable to all Federal milk marketing 

orders. The interim amendments 

adopted as a result of this proceeding 

were based on the record of the first 

session of a public hearing held in 

Alexandria, Virginia, on January 24–27, 

2006, pursuant to a notice of hearing 

issued December 30, 2005; published 

January 5, 2006, (71 FR 545) and a 

second session of a public hearing held 

in Strongsville, Ohio, on September 14– 

15, 2006, pursuant to a reconvened 

hearing notice issued August 31, 2006; 

published September 6, 2006, (71 FR 

52502). The hearings were held, 

pursuant to the provisions of the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

and the applicable rules of practice and 

procedure governing the formulation of 

marketing agreements (7 CFR part 900). 

Make Allowances 

The make allowances adopted by the 

interim final rule in this proceeding— 

cheese: $0.1682 per pound; butter: 

$0.1202 per pound; nonfat dry milk 

(NFDM): $0.1570 per pound; and dry 

whey: $0.1956 per pound—amended 

section 1000.50, were approved by 

producers and became effective 

February 1, 2007 (71 FR 78333). These 

manufacturing allowances were 

subsequently amended through a 

separate rulemaking proceeding (72 FR 

6179). An interim final rule published 

on July 31, 2008, (73 FR 44617), 

effective October 1, 2008, changed the 

make allowances to: cheese: $0.2003 per 

pound; NFDM: $0.1678 per pound; 

butter: $0.1715 per pound; and dry 

whey: $0.1991 per pound. Further, a 

request was received from proponents of 

the 2007 amendments requesting 

termination of this proceeding. 

Accordingly, it is determined that this 

proceeding should be terminated. 

Termination of Proceeding 

In view of the forgoing, it is hereby 

determined that the proceeding that 

resulted in make allowances adopted by 

the interim final rule issued December 

26, 2006 and published in the December 

29, 2006, Federal Register (71 FR 

78333) should be and is hereby 

terminated. 

List of Subjects in 7 CFR Parts 1000, 

1001, 1005, 1006, 1007, 1030, 1032, 

1033, 1124, 1126, and 1131 

Milk marketing orders. 

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

Dated: April 22, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09818 Filed 4–25–13; 8:45 am] 

BILLING CODE 3410–02–P 


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