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

43936 

Vol. 76, No. 141 

Friday, July 22, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1000 and 1033 

[Doc. No. AMS–DA–08–0049; AO–166–A77; 

DA–08–06] 

Milk in the Mideast Marketing Area; 

Order To Terminate Proceeding on 

Proposed Amendments to Marketing 

Agreement and Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Termination of proceeding. 

SUMMARY: This action terminates a 

rulemaking proceeding that proposed to 

amend Class I prices for certain counties 

of the Mideast milk marketing area. 

Marketing conditions since the close of 

the hearing on the proposal have 

changed substantially, no longer 

warranting a change. 

DATES: The rulemaking proceeding is 

terminated as of July 23, 2011. 

FOR FURTHER INFORMATION CONTACT: Erin 

C. Taylor, Order Formulation and 

Enforcement, USDA/AMS/Dairy 

Programs, STOP 0231–Room 2971, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0231, (202) 720– 

7311, e-mail address: 

erin.taylor@usda.gov mailto: 

gino.tosi@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 action terminates the rulemaking 

proceeding concerning Class I prices for 

the Mideast order. The proposal was 

considered at a public hearing held 

August 19–20, 2008. The Secretary 

issued a recommended decision on the 

proposed amendment on January 8, 

2009, and it was published on January 

14, 2009 (74 FR 1976). 

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 the termination of this proceeding 

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 a dairy farm operation, 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. 

During August 2008, the time of the 

hearing, there were 7,376 dairy farms 

pooled on the Mideast order. Of these, 

approximately 6,927 dairy farms (or 

93.9 percent) were considered small 

businesses. 

During August 2008, there were 53 

handler operations associated with the 

Mideast order (27 fully regulated 

handlers, 9 partially regulated handlers, 

2 producer-handlers and 15 exempt 

handlers). Of these, approximately 43 

handlers (or 81 percent) were 

considered small businesses. 

Minimum Class I prices are 

determined in all Federal milk 

marketing orders by adding a location 

specific differential, referred to as a 

‘‘Class I differential,’’ to the higher of an 

advance Class III and Class IV price 

announced by USDA. The proposed 

amendments sought to increase the 

Class I prices in the southern tier of 

counties of the Mideast marketing area. 

Minimum Class I prices charged to 

regulated handlers are applied 

uniformly to both large and small 

entities. 

Because this action terminates the 

rulemaking proceeding without 

amending the Class I prices of the 

Mideast marketing order, the economic 

conditions of small entities remain 

unchanged. This action does not change 

reporting, record keeping, or other 

compliance requirements. 

Prior documents in this proceeding: 

Notice of Hearing: Issued July 21, 

2008; published July 24, 2008 (73 FR 

43160). 

Recommended Decision: Issued 

January 8, 2009; published January 14, 

2009 (74 FR 1976). 

Preliminary Statement 

A public hearing was held upon 

proposed amendments to the marketing 

agreements and orders regulating the 

handling of milk in the Mideast 

marketing area. The hearing was 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 and marketing 

orders (7 CFR part 900), Cincinnati, 

Ohio, on August 19–20, 2008, pursuant 

to a notice of hearing issued July 21, 

2008, and published in the Federal 

Register on July 24, 2008 (73 FR 43160). 

Class I Prices 

This action terminates the rulemaking 

concerning proposed amendments to 

the Class I prices of the Mideast 

marketing order. A proposal published 

in the hearing notice as Proposal 1 

sought to increase the Class I prices up 

to $0.20 per hundredweight in 110 

counties in the southern portion of the 

marketing area. USDA issued a 

recommended decision on January 8, 

2009, recommending the adoption of 

Proposal 1, modified to recommend a 

$0.20 increase in the Class I price at 

Charleston, West Virginia. 

The recommended decision was 

based on three primary factors: (1) The 

southern tier of counties in the Mideast 

marketing area is a deficit region that 

must rely on more distant milk to 

service its fluid distributing plants; (2) 

higher Class I prices brought about by 

providing higher Class I price 

adjustments in the Southeast, 

Appalachian and Florida marketing 

orders (southeastern orders) have 

resulted in more milk servicing those 

orders from farms located in the Mideast 

marketing area; and (3) transportation 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Proposed Rules 43937 

costs had increased such that the Class 

I differentials did not offer sufficient 

pricing incentives to cover the cost of 

transporting milk from reserve northern 

surplus regions to the deficit southern 

region of the marketing area. 

As noted in almost all the exceptions 

to the recommended decision, 

marketing conditions since the close of 

the hearing have changed substantially 

no longer warranting a change in the 

Class I price surface of the Mideast 

marketing area. Exceptions filed on 

behalf of the proponents of Proposal 1 

(Michigan Milk Producers Association, 

Inc., Foremost Farms USA Cooperative, 

Inc., National Farmers Organization 

Inc., and Dairy Farmers of America, 

Inc.) requested that USDA take no 

action. 

Termination of Proceeding 

In view of the foregoing, it is hereby 

determined that this proceeding with 

respect to proposed amendment to the 

Mideast order regarding Class I prices 

should be and is hereby terminated. 

List of Subjects in 7 CFR Parts 1000 and 

1033 

Milk marketing orders. 

The authority citation for 7 CFR Parts 

1000 and 1033 continues to read as 

follows: 

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

Dated: July 14, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–18393 Filed 7–21–11; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

[NRC–2011–0164] 

Criminal Penalties for Unauthorized 

Introduction of Weapons and Sabotage 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Request for comment; notice of 

public Webinar. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is seeking input from the public, 

licensees, certificate holders, Agreement 

States, non-Agreement States, and other 

stakeholders on whether to conduct 

further rulemaking to implement the 

criminal penalty provisions found 

under Sections 229 and 236 of the 

Atomic Energy Act of 1954, as amended 

(AEA). To aid in that process, the NRC 

is requesting comments on the issues 

discussed in this document. While the 

NRC has not initiated a rulemaking on 

this subject, it is using the 

conventionally established rulemaking 

comment channels. Additionally, the 

NRC will hold a public Webinar to 

discuss these issues. 

DATES: Submit comments on the issues 

discussed in this document by October 

20, 2011. Comments received after the 

above date will be considered if it is 

practical to do so, but the NRC is able 

to ensure consideration only for 

comments received on or before this 

date. 

ADDRESSES: Please include Docket ID 

NRC–2011–0164 in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site, http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. You may submit 

comments by any one of the following 

methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2011–0164. Address questions 

about NRC dockets to Carol Gallagher, 

telephone: 301–492–3668; e-mail: 

Carol.Gallagher@nrc.gov. 

• Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

• Fax comments to: RADB at 301– 

492–3446. 

You can access publicly available 

documents related to this document 

using the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, Room O1– 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available online in the NRC Library at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of the 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

• Federal Rulemaking Web site: 

Public comments and supporting 

materials related to this notice can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2011– 

0164. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Fritz Sturz, Office of Nuclear Security 

and Incident Response, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

6678; e-mail: Fritz.Sturz@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 229 of the AEA provides 

Federal criminal sanctions for the 

wrongful introduction of weapons or 

explosives into specified classes of 

facilities, installations or real property 

under the jurisdiction, administration, 

in the custody of, or subject to the 

licensing authority or certification by 

the Commission. Similarly, Section 236 

of the AEA provides Federal criminal 

sanctions for sabotage of specified 

classes of nuclear facilities or materials. 

On August 8, 2005, President Bush 

signed into law the Energy Policy Act of 

2005 (EPAct), Public Law 109–58, 119 

Stat. 594 (2005). Section 654 of the 

EPAct, ‘‘Unauthorized Introduction of 

Dangerous Weapons’’ (119 Stat. 812), 

amended Section 229 of the AEA, 

‘‘Trespass on Commission Installations’’ 

(42 U.S.C. 2278a), to broaden the list of 

facilities covered by Section 229. 

Similarly, Section 655 of the EPAct, 

‘‘Sabotage of Nuclear Facilities, Fuel, or 

Designated Material’’ (119 Stat. 594), 

amended Section 236 of the AEA, 

‘‘Sabotage of Nuclear Facilities or Fuel’’ 

(42 U.S.C. 2284), to broaden the list of 

facilities that are covered by Section 

236. Additionally, Section 655 of the 

EPAct added a provision in Section 

236(a) authorizing the NRC to identify 

certain radioactive material or other 

property for inclusion within the scope 

of the criminal penalties in Section 236, 

if the Commission determines by 

rulemaking or order that such material 


srobinson on DSK4SPTVN1PROD with PROPOSALS