Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Rules and Regulations 321

provided a bill in equity is filed not

later than 20 days after the date of the

entry of the ruling.

This order of suspension is issued

pursuant to the provisions of the

Agricultural Marketing Agreement Act

and the order regulating the handling of

milk in the Southern Illinois-Eastern

Missouri marketing area.

Notice of proposed rulemaking was

published in the Federal Register on

November 25, 1994 (59 FR 60573),

concerning the proposed suspension of

a portion of the supply plant shipping

requirement for Order 32. The public

was afforded the opportunity to

comment on the notice by submitting

written data, views, and arguments by

December 2, 1994. Two comment letters

supporting the proposed suspension

were received.

After consideration of all relevant

material, including the proposal in the

notice, the comment received, and other

available information, it is hereby found

and determined that for the period of

December 1, 1994, through January 31,

1995, the following provision of the

order does not tend to effectuate the

declared policy of the Act:

In § 1032.7(b), the words ‘‘and at least

75 percent of the total producer milk

marketed in that 12-month period by

such cooperative association was

delivered’’ and the words ‘‘and

physically received at’’.

Statement of Consideration

This document will suspend a portion

of the supply plant shipping

requirement for a cooperative

association that operates a supply plant

under Order 32. It will permit a supply

plant operated by a cooperative

association to qualify as a pool plant if

the cooperative shipped 25 percent of

the plant’s total producer receipts to

pool distributing plants during the

month and milk from the plant was

delivered to a pool distributing plant

during each of the immediately

preceding months of September through

August. It removes a requirement that

the cooperative must have shipped 75

percent of its milk to pool distributing

plants during the September through

August period.

The suspension was requested by

Prairie Farms, a dairy farmer

cooperative based in Carlinville,

Illinois, which owns and operates four

fluid milk processing plants and a

cultured product/supply plant regulated

under the Southern Illinois-Eastern

Missouri Federal milk order. These

plants are supplied by Prairie Farm’s

own member dairy farmers and

balanced by four cooperative

associations, two of which operate

supply plants.

Prairie Farms indicates that for recent

months its producer milk at its plants is

about 12 to 14 percent higher than the

same period in 1993 from

approximately the same number of

producers. It states that the increased

production from its members—

primarily due to improved growing

conditions that resulted in an abundant

supply of high quality feed—has caused

it to reduce purchases from other

cooperative associations. As a result, it

states that two pool supply plants

operated by the cooperative associations

barely met the shipping requirements

for the month of October. Prairie Farms

anticipates that a similar situation will

occur in November and expects the

problem to worsen in the months of

December 1994 and January 1995.

Mid-America Dairymen, Inc., and

Wisconsin Dairies, a cooperative which

operates an Order 32 supply plant

located in Waukon, Iowa, filed letters

supporting the proposed suspension.

Wisconsin Dairies indicates that it has

been supplying milk to Prairie Farms

from the Waukon plant for 27 years. The

cooperative states that shipments to

Prairie Farms in October 1994 were less

than 55 percent of plant receipts,

compared to 66 percent during October

of 1993. It states that it will be

impossible for it to ship the required 40

percent in December and 50 percent in

January without costly backhauls that

would be difficult to justify.

The suspension request should be

granted. It will continue to require

Order 32 supply plants to serve the

market, but at a level that should reduce

or eliminate the need to make expensive

and inefficient movements of milk

simply to meet the supply plant

shipping requirement.

It is hereby found and determined

that thirty days’ notice of the effective

date hereof is impractical, unnecessary,

and contrary to the public interest in

that:

(a) The suspension is necessary to

reflect current marketing conditions and

to assure orderly marketing conditions

in the marketing area;

(b) This suspension does not require

of persons affected substantial or

extensive preparation prior to the

effective date; and

(c) Notice of proposed rulemaking

was given to interested parties, and they

were afforded opportunity to file written

data, views, or arguments concerning

this suspension.

Therefore, good cause exists for

making this order effective less than 30

days from the date of publication in the

Federal Register.

List of Subjects in 7 CFR Part 1032

Milk marketing orders.

For the reasons set forth in the

preamble, Title 7, Part 1032, is amended

as follows:

PART 1032—MILK IN THE SOUTHERN

ILLINOIS-EASTERN MISSOURI

MARKETING AREA

1. The authority citation for 7 CFR,

Part 1032, continues to read as follows:

Authority: Secs. 1–19, 48 Stat. 31, as

amended; 7 U.S.C. 601–674.

§ 1032.7 [Suspended in part]

2. In § 1032.7(b), the words ‘‘and at

least 75 percent of the total producer

milk marketed in that 12-month period

by such cooperative association was

delivered’’ and the words ‘‘and

physically received at’’ are suspended

for the period of December 1, 1994,

through January 31, 1995.

Dated: December 23, 1994

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–157 Filed 1–3–95; 8:45 am]

BILLING CODE 3410–02–P

Commodity Credit Corporation

7 CFR Part 1434

RIN 0560–AD73

General Price Support Regulations for

Honey

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: The final rule adopts, without

change, the interim rule amending the

Honey Price Support Loan Program

published in the Federal Register at 59

FR 23789–23792 on May 9, 1994. The

interim rule made certain changes to the

Honey Price Support Loan Program for

the 1994 through the 1998 crops of

honey.

EFFECTIVE DATE: January 4, 1995.

FOR FURTHER INFORMATION CONTACT:

James Tegeler, Program Specialist,

Consolidated Farm Service Agency

(CFSA), USDA, P.O. Box 2415,

Washington, DC 20013–2415; telephone

202–720–3110.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be not significant for purposes of

Executive Order 12866 and has not been

reviewed by the Office Management and

Budget (OMB).
322 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Rules and Regulations

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

to which this rule applies are

Commodity Loans and Purchases—

10.051.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable because the CCC is not

required by 5 U.S.C. 553 or any other

provision of law to publish a notice of

proposed rulemaking with respect to the

subject matter of these determinations.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will have no significant impact

on the quality of human environment.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which requires intergovernmental

consultation with State and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115 (June 24, 1983).

Executive Order 12778

This final rule has been reviewed

pursuant to Executive Order 12788. To

the extent State and local laws are in

conflict with these regulatory

provisions, it is the intent of CCC that

the terms of the regulations prevail. The

provisions of this final rule are not

retroactive. Prior to any judicial action

in a court of competent jurisdiction,

administrative review under 7 CFR part

780 must be exhausted.

Paperwork Reduction Act

Public reporting burden for the

information collections contained in

this regulation with respect to price

support programs is estimated to

average 15 minutes per response,

including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collections of

information. The information

collections have previously been cleared

under the current regulations by OMB,

and assigned OMB Nos. 0560–0087 and

0560–0129.

Interim Rule

The interim rule published in the

Federal Register on May 9, 1994, with

respect to the Honey Price Support Loan

Program amended the price support

loan rates for 1994 through 1998;

revised the limitation on the total

amount of payments a producer may

receive; revised the provisions of the

honey marketing assessment; lessened

the administrative actions Commodity

Credit Corporation (CCC) imposes on

producers who violate the loan and loan

deficiency payment agreements;

provided more authority to State and

county CFSA committees in

administering the program; eliminated

obsolete provisions, and incorporated

the provisions of the Agriculture, Rural

Development, Food and Drug

Administration, and Related Agencies

Appropriations Act, 1994, and the

Omnibus Budget Reconciliation Act of

1993.

Comments

No comments were received during

the comment period which ended on

June 8, 1994.

Accordingly, the interim rule

published at 59 FR 23789 on May 9,

1994, which amended 7 CFR part 1434

is hereby adopted as a final rule without

change.

Signed in Washington, DC, on December

27, 1994.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 95–00133 Filed 1–3–95; 8:45 am]

BILLING CODE 3410–05–P–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 32

RIN: 3150–AD69

Preparation, Transfer for Commercial

Distribution, and Use of Byproduct

Material for Medical Use

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule; clarification.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending

regulatory text and the response to a

public comment contained in a final

rule published in the Federal Register

on Friday, December 2, 1994, entitled

‘‘Preparation, Transfer for Commercial

Distribution, and Use of Byproduct

Material for Medical Use.’’ This action

is necessary following reconsideration

by the NRC regarding the requirements

for the information to be included on

labels for radioactive drugs to be

transferred for commercial distribution.

The effect of this action is to reduce

regulatory burden and uncertainty for

licensees that manufacture and

distribute radiopharmaceuticals that

contain byproduct material for medical

use.

EFFECTIVE DATE: January 1, 1995.

ADDRESSES: Copies of the public record,

including the final regulatory analysis

and any public comments received on

the proposed rule, may be examined

and copied for a fee in the

Commission’s Public Document Room

at 2120 L Street, NW. (Lower Level),

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

John L. Telford (301) 415–6229 or Mr.

Samuel Z. Jones (301) 415–6198, Office

of Nuclear Regulatory Research, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555.

SUPPLEMENTARY INFORMATION:

I. Background

On Friday, December 2, 1994 (59 FR

61767), the NRC published in the

Federal Register a final rule regarding

10 CFR Parts 30, 32, and 35

(Preparation, Transfer for Commercial

Distribution, and the Use of Byproduct

Material for Medical Use). On Thursday,

November 17, 1994, the NRC staff

received comments on the regulatory

guides associated with this rulemaking

action during a public meeting with the

NRC’s Advisory Committee on the

Medical Uses of Isotopes (ACMUI).

Initially, the NRC staff believed that

these comments could be resolved

through appropriate regulatory

guidance. However, these comments

resulted in the NRC staff concluding

that the final published requirements in

10 CFR 32.72(a)(4)

(1) Contained an undue burden with

regard to the information required to be

included on syringe labels; and

(2) Were not clear with regard to what

was meant by a ‘‘container.’’

The NRC staff subsequently

developed revised regulations to specify

the information to be included on each

label. In this rulemaking, the NRC is

modifying the requirements of 10 CFR

32.72(a)(4) before the published

effective date of January 1, 1995. This

rulemaking will minimize intrusion into

areas related to the practice of medicine

in a manner consistent with the

Commission’s policy as published on

February 9, 1979 (44 FR 8242), entitled

‘‘Regulation of the Medical Uses of

Radioisotopes; Statement of General

Policy’’ and minimize the regulatory

burden on licensees. The specific

revised requirements and response to

the public comment are provided in this

document.