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

25032 

Vol. 79, No. 85 

Friday, May 2, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1005 and 1007 

[Docket No. AO–388–A17 and AO–366–A46; 

DA–05–06–B] 

Milk in the Appalachian and Southeast 

Marketing Areas; Termination of 

Proceeding 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Termination of proceeding. 

SUMMARY: This action terminates a 

proceeding for two remaining proposals 

presented at a hearing held in 

Louisville, Kentucky, January 10–12, 

2006. The two proposals (Proposal 2 

and Proposal 5) would: Establish intramarket transportation credit provisions 

for the Appalachian and Southeast 

Federal milk marketing areas, and 

reduce payments to producers for milk 

diverted to locations outside of the 

geographic boundaries of the 

Appalachian and Southeast milk 

marketing areas. The Agricultural 

Marketing Service believes that the 

amendments adopted as part of a 

subsequent proceeding addressed the 

disorderly marketing conditions that 

Proposals 2 and 5 were designed to 

remedy, and therefore action on the 

proceedings for these two proposals is 

terminated. 

DATES: This termination is made on May 

5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William Francis, Director, Order 

Formulation and Enforcement Division, 

USDA/AMS/Dairy Programs, Stop 

0231—Room 2971, 1400 Independence 

Avenue SW., Washington, DC 20250– 

0231, (202) 720–7183, email: 

william.francis@ams.usda.gov. 

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 13563 

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 Orders 12866 

and 13563. 

Executive Order 12988 

This termination has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have a retroactive effect. The 

Agricultural Marketing Agreement Act 

of 1937, as amended (Act) (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 U.S. 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, 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, or has its 

principal place of business, has 

jurisdiction in equity to review 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. 

Executive Order 13175 

This termination has been reviewed 

in accordance with Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments. The 

review reveals that this regulation will 

not have substantial and direct effects 

on Tribal Governments and will not 

have significant Tribal implications. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

As part of the proceedings conducted 

for this rulemaking, the provisions of 

the Regulatory Flexibility Act (5 U.S.C. 

601–612) and the Paperwork Reduction 

Act of 1955 (Pub. L. 104–13) were 

considered. Because this action 

terminates the underlying rulemaking 

proceeding, the economic conditions of 

small entities are not changes as a result 

of this action, nor have any compliance 

requirements changed. Also, this action 

does not provide for any new or 

changed reporting and recordkeeping 

requirements. 

Prior Documents in This Proceeding 

Notice of Hearing: Issued December 

22, 2005; published December 28, 2005 

(70 FR 76718). 

Partial Tentative Decision: Issued 

September 1, 2006; published 

September 13, 2006 (71 FR 54118). 

Partial Interim Rule: Issued October 

19, 2006; published October 25, 2006 

(71 FR 62377). 

Partial Final Decision: Issued 

February 25, 2014; published March 7, 

2014 (79 FR 12985). 

Preliminary Statement 

A public hearing was held January 

10–12, 2006, in Louisville, Kentucky, 

with respect to proposed amendments 

to the tentative marketing agreement 

and to the orders regulating the 

handling of milk in the Appalachian 

and Southeast marketing areas. 

The hearing was called pursuant to 

the provisions of the 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 was to receive evidence 

with respect to the economic and 

marketing conditions that relate to the 

proposed amendments to the tentative 

marketing agreements and to the orders. 

This decision terminates the 

proceeding specifically in regards to 

Proposal 2, which would establish a 

new transportation credit balancing 

fund on the intra-market movements of 

milk within the marketing areas, and 

Proposal 5, which would reduce the 

amount paid to a producer for milk 

diverted to locations outside of the 

marketing areas. 

Other proposals discussed at the 

hearing (Proposal 1, 3 and 4) would 

make other adjustments to the 

transportation credit provisions of the 

two orders. Those proposals were 

addressed in a separate Final Decision 

(79 FR 12985). 

At the hearing, witnesses testified to 

the inadequacy of the Class I price 

surface and the related difficulties in 

attracting adequate milk to meet fluid 

milk demands. This was the underlying 

disorderly marketing condition that led 

to the initial proposals to adjust 

transportation credit and pooling 

provisions. Witnesses stated that a 

separate rulemaking proceeding should 

be held to review the appropriate Class 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Proposed Rules 25033 

1Official Notice is taken of this proceeding (72 FR 

25986). 

I differential levels in the southeastern 

marketing areas. 

Accordingly, the Department held 

another hearing from May 21–23, 2007 

(72 FR 25986) 1 in Tampa, Florida, to 

address, among other things, the 

adequacy of the Class I differential 

levels in the southeastern marketing 

areas, and additional changes to the 

transportation credit balancing fund that 

would provide for additional 

transportation cost recovery for milk 

meeting the order’s fluid needs. 

An interim final rule was published 

on March 17, 2008, (73 FR 14153) that 

adjusted the Class I price surface for 

each county within the Appalachian, 

Florida and Southeast marketing orders. 

In that interim final rule, the 

Department decided to increase blend 

prices through adjustments to the Class 

I differentials to assist in compensating 

producers for higher transportation 

costs. In addition, more stringent 

pooling standards and other 

adjustments to the transportation credit 

provisions were adopted to ensure that 

milk pooled on the southeastern orders 

was adequately servicing the market’s 

fluid needs. These amendments 

included: (1) Extending the number of 

months in which transportation credit 

balancing funds are paid (July through 

December) to include the months of 

January and February, with the option 

of the month of June if requested and 

approved by the Market Administrator; 

(2) expanding the payment of 

transportation credits for supplemental 

milk to include the entire load of milk 

rather than the calculated Class I 

utilization; (3) providing more 

flexibility in the qualification 

requirements for supplemental milk 

producers to receive transportation 

credits; and (4) increasing the monthly 

transportation credit assessment rate 

from $0.20 per cwt to $0.30 per cwt. for 

the Southeast order. A final rule in this 

related proceeding (79 FR 12963) is 

being issued simultaneously with this 

termination of proceeding making these 

adjustments permanent in the 

Appalachian and Southeast orders. 

The Department believes that the 

amendments adopted as part of this 

subsequent proceeding addressed the 

disorderly marketing conditions that 

Proposals 2 and 5 were designed to 

remedy. 

Termination of Proceeding 

In view of the foregoing, it is hereby 

determined that subsequent rulemaking 

proceedings have addressed the 

disorderly marketing conditions that 

Proposals 2 and 5 were designed to 

remedy. Accordingly, the proceeding is 

terminated. 

List of Subjects in 7 CFR Parts 1005 and 

1007 

Milk marketing orders. 

Dated: April 28, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–10033 Filed 5–1–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0258; Directorate 

Identifier 2013–NM–065–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

DASSAULT AVIATION Model 

FALCON 900EX airplanes. This 

proposed AD was prompted by our 

determination to introduce a corrosion 

prevention control program, among 

other changes, to the maintenance 

requirements and airworthiness 

limitations. This proposed AD would 

require revising the maintenance or 

inspection program, as applicable, to 

include the maintenance tasks and 

airworthiness limitations specified in 

the Airworthiness Limitations section of 

the airplane maintenance manual. We 

are proposing this AD to prevent 

reduced structural integrity and reduced 

controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by June 16, 2014. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Dassault 

Falcon Jet, P.O. Box 2000, South 

Hackensack, NJ 07606; telephone 201– 

440–6700; Internet http://

www.dassaultfalcon.com. You may 

view this referenced service information 

at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0258; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–1137; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION:

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2014–0258; Directorate Identifier 

2013–NM–065–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS