Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Rules and Regulations 44617 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects 

7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

§ 301.75–7 [Amended] 

■ 2. In § 301.75–7, paragraph (a)(5)(ii) is 

amended by removing the word ‘‘2008’’

and adding the word ‘‘2010’’ in its 

place. 

Done in Washington, DC, this 28th day of 

July 2008. 

Cindy J. Smith, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. E8–17592 Filed 7–30–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1000 

[Docket No. AMS–DA–07–0026; AO–14–A77, 

et al.; DA–07–02–A] 

Milk in the Northeast and Other 

Marketing Areas; Interim Order 

Amending the Orders 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule. 

SUMMARY: This order amends the 

manufacturing cost allowances and the 

butterfat yield factor used in the Class 

III and Class IV product-price formulas 

applicable to all Federal milk marketing 

orders. More than the required 

producers approved the issuance of the 

interim order as amended. 

DATES: Effective Date: September 1, 

2008. 

FOR FURTHER INFORMATION CONTACT: Jack 

Rower, Marketing Specialist, USDA/ 

AMS/Dairy Programs, Order 

Formulation and Enforcement Branches, 

STOP 0231–Room 2971, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0231, (202) 720–

2357, e-mail address: 

jack.rower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

decision adopts provisions to amend the 

manufacturing (make) allowances for 

cheese, butter, nonfat dry milk (NFDM) 

and dry whey powder contained in the 

Class III and Class IV product-price 

formulas. Specifically, this decision 

adopts the following make allowances: 

cheese—$0.2003 per pound; butter—

$0.1715 per pound; NFDM—$0.1678 per 

pound; and dry whey—$0.1991 per 

pound. This decision also increases the 

butterfat yield factor in the butterfat 

price formula from 1.20 to 1.211. 

This administrative rule 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 interim rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have a retroactive effect. This rule 

will not preempt any state or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674) (AMAA), provides that 

administrative proceedings must be 

exhausted before parties may file suit in 

court. Under Section 608c(15)(A) of the 

AMAA, 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 Department would rule on 

the petition. The AMAA 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 the Department’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. 

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 interim 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 marketing guideline of 

500,000 pounds per month. Although 

this guideline does not factor in 

additional monies that may be received 

by dairy producers, it should be an 

inclusive standard for most ‘‘small’’

dairy farmers. 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 February 2007, the month the 

initial public hearing was held, the milk 

of 49,712 dairy farmers was pooled on 

the Federal order system. Of the total, 

46,729 dairy farmers, or 94 percent, 

were considered small businesses. 

During the same month, 352 plants were 

regulated by or reported their milk 

receipts to be pooled and priced on a 

Federal order. Of the total, 186 plants, 

or 53 percent, were considered small 

businesses. 

This interim final rule amends all 

orders by changing the make allowances 


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44618 Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Rules and Regulations 

contained in the formulas used to 

compute component prices and the 

minimum class prices in all Federal 

milk orders. Specifically, the make 

allowance for butter increases from 

$0.1202 to $0.1715 per pound; the make 

allowance for cheese increases from 

$0.1682 to $0.2003 per pound; the make 

allowance for NFDM increases from 

$0.1570 to $0.1678 per pound; and the 

make allowance for dry whey increases 

from $0.1956 to $0.1991 per pound. The 

butterfat yield factor in the butterfat 

price formulas is increased from 1.20 to 

1.211. 

The adoption of these new make 

allowances serves to approximate the 

average cost of producing cheese, butter, 

NFDM and dry whey for manufacturing 

plants located in Federal milk marketing 

areas. 

The established criteria for the make 

allowance changes are applied in an 

identical fashion to both large and small 

businesses and will not have any 

different impact on those businesses 

producing manufactured milk products. 

An economic analysis has been 

performed that discusses impacts of the 

amendments on industry participants 

including producers and manufacturers. 

It can be found on the AMS Dairy Web 

site at http://www.ams.usda.gov/dairy. 

Based on the economic analysis, we 

have concluded that the amendments 

will not have a significant economic 

impact on a substantial number of small 

entities. 

The Agricultural Marketing Service 

(AMS) is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

This interim final rule does not 

require additional information 

collection that needs clearance by the 

Office of Management and Budget 

(OMB) beyond currently approved 

information collection. The primary 

sources of data used to complete the 

forms are routinely used in most 

business transactions. Forms require 

only a minimal amount of information 

that can be supplied without data 

processing equipment or a trained 

statistical staff. Thus, the information 

collection and reporting burden is 

relatively small. Requiring the same 

reports for all handlers does not 

significantly disadvantage any handler 

that is smaller than the industry 

average. 

Prior Documents in This Proceeding 

Notice of Hearing: Issued February 5, 

2007; published February 9, 2007 (72 FR 

6179). 

Supplemental Notice of Hearing: 

Issued February 14, 2007; published 

February 20, 2007 (72 FR 7753). 

Notice to Reconvene Hearing: Issued 

March 15, 2007; published March 21, 

2007 (72 FR 13219). 

Notice to Reconvene Hearing: Issued 

May 2, 2007; published May 8, 2007 (72 

FR 25986). 

Tentative Partial Final Decision: 

Issued June 16, 2008; published June 20, 

2008 (73 FR 35306). 

Findings and Determinations 

The findings and determinations 

hereinafter set forth supplement those 

that were made when the Northeast and 

other orders were first issued and when 

they were amended. The previous 

findings and determinations are hereby 

ratified and confirmed, except where 

they may conflict with those set forth 

herein. 

The following findings are hereby 

made with respect to the Northeast and 

other marketing orders: 

(a) Findings upon the basis of the 

hearing record. 

A public hearing was held upon 

certain proposed amendments to the 

tentative marketing agreements and to 

the orders regulating the handling of 

milk in the Northeast and other 

marketing areas. 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 (7 CFR part 900). 

Upon the basis of the evidence 

introduced at such hearing and the 

record thereof, it is found that: 

(1) The said orders as hereby 

amended, and all of the terms and 

conditions thereof, will tend to 

effectuate the declared policy of the Act; 

(2) The parity prices of milk, as 

determined pursuant to section 2 of the 

Act, are not reasonable in view of the 

price of feeds, available supplies of 

feeds, and other economic conditions 

which affect market supply and demand 

for milk in the aforesaid marketing 

areas. The minimum prices specified in 

the orders as hereby amended on an 

interim basis, are such prices as will 

reflect the aforesaid factors, insure a 

sufficient quantity of pure and 

wholesome milk, and be in the public 

interest; and 

(3) The said orders, as hereby 

amended on an interim basis, regulate 

the handling of milk in the same 

manner as, and is applicable only to 

persons in the respective classes of 

industrial or commercial activity 

specified in, a marketing agreement 

upon which a hearing has been held. 

(b) Additional Findings. It is 

necessary and in the public interest to 

make these interim amendments to the 

Northeast and other orders effective 

[insert effective date]. Any delay beyond 

that date would tend to disrupt the 

orderly marketing of milk in the 

aforesaid marketing areas. 

The interim amendments to this order 

are known to handlers. The tentative 

partial decision containing the proposed 

amendments to this order was issued on 

June 16, 2008. 

The changes that result from these 

interim amendments will not require 

extensive preparation or substantial 

alteration in the method of operation for 

handlers. In view of the foregoing, it is 

hereby found and determined that good 

cause exists for making these interim 

amendments effective on [insert 

effective date]. 

Determinations. It is hereby 

determined that: 

(1) The refusal or failure of handlers 

(excluding cooperative associations 

specified in Section 8c(9) of the Act) of 

more than 50 percent of the milk, which 

is marketed within the specified 

marketing areas, to sign a proposed 

marketing agreement, tends to prevent 

the effectuation of the declared policy of 

the Act; 

(2) The issuance of this interim order 

amending the Northeast and other 

marketing orders is the only practical 

means pursuant to the declared policy 

of the Act of advancing the interests of 

producers as defined in the orders as 

hereby amended; 

(3) The issuance of the interim orders 

amending the Northeast and other 

orders is favored by at least two-thirds 

of the producers who were engaged in 

the production of milk for sale in the 

respective marketing areas. 

Order Relative to Handling 

It is therefore ordered, that on and 

after the effective date hereof, the 

handling of milk in the Northeast and 

other marketing areas shall be in 

conformity to and in compliance with 

the terms and conditions of the orders, 

as amended, and as hereby amended, as 

follows: 

List of Subjects in 7 CFR Part 1000 

Milk marketing orders. 

■ For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends Chapter X of Title 7 of 

the Code of Federal Regulations as 

follows: 


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Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Rules and Regulations 44619 

PART 1000—GENERAL PROVISIONS 

OF FEDERAL MILK MARKETING 

ORDERS 

■ 1. The authority citation for 7 CFR 

part 1000 continues to read as follows: 

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

■ 2. Section 1000.50 is amended by: 

■ A. Revising paragraph (l); 

■ B. Revising paragraph (m); 

■ C. Revising paragraph (n)(2); 

■ D. Revising paragraph (n)(3)(i); 

■ E. Revising paragraph (o); and 

■ F. Revising paragraph (q)(3). 

The revisions read as follows: 

§ 1000.50 Class prices, component prices, 

and advanced pricing factors. 

* * * * * 

(l) Butterfat price. The butterfat price 

per pound, rounded to the nearest onehundredth cent, shall be the U.S. 

average NASS AA Butter survey price 

reported by the Department for the 

month, less 17.15 cents, with the result 

multiplied by 1.211. 

(m) Nonfat solids price. The nonfat 

solids price per pound, rounded to the 

nearest one-hundredth cent, shall be the 

U.S. average NASS nonfat dry milk 

survey price reported by the Department 

for the month, less 16.78 cents and 

multiplying the result by 0.99. 

(n) * * * 

(2) Subtract 20.03 cents from the price 

computed pursuant to paragraph (n)(1) 

of this section and multiply the result 

by 1.383; 

(3) * * * 

(i) Subtract 20.03 cents from the price 

computed pursuant to paragraph (n)(1) 

of this section and multiply the result 

by 1.572; and 

* * * * * 

(o) Other solids price. The other solids 

price per pound, rounded to the nearest 

one-hundredth cent, shall be the U.S. 

average NASS dry whey survey price 

reported by the Department for the 

month minus 19.91 cents, with the 

result multiplied by 1.03. 

* * * * * 

(q) * * * 

(3) An advanced butterfat price per 

pound rounded to the nearest onehundredth cent, shall be calculated by 

computing a weighted average of the 2 

most recent U.S. average NASS AA 

Butter survey prices announced before 

the 24th day of the month, subtracting 

17.15 cents from this average, and 

multiplying the result by 1.211. 

Dated: July 25, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 08–1482 Filed 7–28–08; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2 and 50 

RIN 3150–AH78 

[NRC–2005–0032] 

Price-Anderson Act Financial 

Protection Regulations and Elimination 

of Antitrust Reviews; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule: correcting 

amendment. 

SUMMARY: On October 27, 2005 (70 FR 

61885), the Nuclear Regulatory 

Commission (NRC) published a final 

rule revising its regulations to conform 

with the provisions of the Energy Policy 

Act of 2005 that, among other things, 

terminated the NRC’s authority and 

responsibility to conduct antitrust 

reviews of future applications to 

construct or operate a nuclear reactor. 

Inadvertently, the final rule failed to 

remove some references to the NRC’s 

authority and responsibility to conduct 

antitrust reviews. This rule removes 

those provisions. 

DATES: This rule is effective on July 31, 

2008, and is applicable to November 28, 

2005, the date the original rule became 

effective. 

FOR FURTHER INFORMATION CONTACT: 

Maxwell C. Smith, Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, telephone (301) 415–1246, e-mail: 

Maxwell.Smith@nrc.gov. 

SUPPLEMENTARY INFORMATION: This 

document removes references to the 

NRC’s antitrust responsibilities that it 

possessed prior to the enactment of 

section 625 of the Energy Policy Act of 

2005, Public Law 109–58. For the 

reasons set out in the preamble and 

under the authority of the Atomic 

Energy Act of 1954, as amended; the 

Energy Reorganization Act of 1974, as 

amended; and 5 U.S.C. 552 and 553, the 

NRC is adopting the following 

amendments to 10 CFR parts 2 and 50. 

List of Subjects 

10 CFR Part 2 

Administrative practice and 

procedure, Antitrust, Byproduct 

material, Classified information, 

Environmental protection, Nuclear 

materials, Nuclear power plants and 

reactors, Penalties, Sex discrimination, 

Source material, Special nuclear 

material, Waste treatment and disposal. 

10 CFR Part 50 

Antitrust, Classified information, 

Criminal penalties, Fire protection, 

Intergovernmental relations, Nuclear 

power plants and reactors, Radiation 

protection, Reactor siting criteria, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 5 

U.S.C. 553, the NRC is adopting the 

following amendments to 10 CFR Parts 

2 and 50. 

PART 2—RULES OF PRACTICE FOR 

DOMESTIC LICENSING PROCEEDINGS 

AND ISSUANCE OF ORDERS 

■ 1. The authority citation for Part 2 

continues to read as follows: 

Authority: Secs.161, 181, 68 Stat. 948, 953, 

as amended (42 U.S.C. 2201, 2231); sec. 191, 

as amended, Pub. L. 87–615, 76 Stat. 409 (42 

U.S.C. 2241); sec. 201, 88 Stat.1242, as 

amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 

Section 2.101 also issued under secs. 53, 

62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 

935, 936, 937, 938, as amended (42 U.S.C. 

2073, 2092, 2093, 2111, 2133, 2134, 2135); 

sec. 114(f), Pub. L. 97–425, 96 Stat. 2213, as 

amended (42 U.S.C. 10143(f)); sec. 102, Pub. 

L. 91–190, 83 Stat. 853, as amended (42 

U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 

U.S.C. 5871). 

Sections 2.102, 2.103, 2.104, 2.105, 2.721 

also issued under secs. 102, 103, 104, 105, 

183i, 189, 68 Stat. 936, 937, 938, 954, 955, 

as amended (42 U.S.C. 2132, 2133, 2134, 

2135, 2233, 2239). Section 2.105 also issued 

under Pub. L. 97–415, 96 Stat. 2073 (42 

U.S.C. 2239). Sections 2.200–2.206 also 

issued under secs. 161 b, i, o, 182, 186, 234, 

68 Stat. 948–951, 955, 83 Stat. 444, as 

amended (42 U.S.C. 2201 (b), (i), (o), 2236, 

2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). 

Section 2.205(j) also issued under Pub. L. 

101–410, 104 Stat. 90, as amended by section 

3100(s), Pub. L. 104–134, 110 Stat. 1321–373 

(28 U.S.C. 2461 note). Subpart C also issued 

under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 

Sections 2.600–2.606 also issued under sec. 

102, Pub. L. 91–190, 83 Stat. 853, as amended 

(42 U.S.C. 4332). Section 2.301 also issued 

under 5 U.S.C. 554. Sections 2.343, 2.346, 

2.712 also issued under 5 U.S.C. 557. Section 

2.340 also issued under secs. 135, 141, Pub. 

L. 97–425, 96 Stat. 2232, 2241 (42 U.S.C. 

10155, 10161). Section 2.390 also issued 

under sec. 103, 68 Stat. 936, as amended (42 

U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 

and 2.808 also issued under 5 U.S.C. 553. 

Section 2.809 also issued under 5 U.S.C. 553, 

and sec. 29, Pub. L. 85–256, 71 Stat. 579, as 

amended (42 U.S.C. 2039). Subpart K also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 

(42 U.S.C. 10154). 

Subpart L also issued under sec. 189, 68 

Stat. 955 (42 U.S.C. 2239). Subpart M also 


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