83 FR 21843 - Milk in the Florida Marketing Area; Order Amending the Order
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 92 (May 11, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 92 (May 11, 2018)
| Page Range | 21843-21846 | |
| FR Document | 2018-10085 |
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)] [Rules and Regulations] [Pages 21843-21846] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10085] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1006 [AMS-DA-17-0068; AO-18-0008] Milk in the Florida Marketing Area; Order Amending the Order AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the Florida Federal milk marketing order (FMMO) to adopt a temporary assessment on Class I milk. Assessment revenue will be disbursed to handlers and producers who incurred extraordinary marketing losses and expenses due to Hurricane Irma in September 2017. More than the required number of producers for the Florida marketing area have approved the issuance of the final order as amended. DATES: This rule is effective July 1, 2018. FOR FURTHER INFORMATION CONTACT: Erin C. Taylor, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, STOP 0231-Room 2963, 1400 Independence Ave SW, Washington, DC 20250-0231, (202) 720-7183, email address: [email protected]. SUPPLEMENTARY INFORMATION: This rule, in accordance with 7 CFR 900.14(c), is the Secretary's final rule in this proceeding and issues a marketing order as defined in 7 CFR 900.2(j). Accordingly, this final rule adopts proposed amendments detailed in the proposed rule (83 FR 13691). This administrative action is governed by the provisions of Sections 556 and 557 of Title 5 of the United States Code and is therefore excluded from the requirements of Executive Order 12866. This final rule is not considered an Executive Order 13771 regulatory action because it does not meet the definition of a ``regulation'' or ``rule'' under Executive Order 12866. The proposed amendments adopted in this final rule have been reviewed [[Page 21844]] under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect and will not preempt any state or local law, regulations, or policies, unless they present an irreconcilable conflict with this rule. 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. The Agricultural Marketing Agreement Act of 1937 (AMAA), as amended (7 U.S.C. 601-674 and 7253), 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 a marketing 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 law. A handler is afforded the opportunity for a hearing on the petition. After a hearing, USDA 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 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. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities and has determined that this rule will not have a significant economic impact on a substantial number of small entities. For the purpose of the RFA, a dairy farm is considered a small business if it has an annual gross revenue of less than $750,000. Dairy product manufacturers are considered small businesses based on the number of people they employ. Small fluid milk and ice cream manufacturers are defined as having 1,000 or fewer employees. Small butter and dry or condensed dairy product manufacturers are defined as having 750 or fewer employees. Small cheese manufacturers are defined as having 1,250 or fewer employees. Manufacturing plants that are part of larger companies operating multiple plants with total numbers of employees that exceed the threshold for small businesses will be considered large businesses, even if the local plant has fewer employees than the threshold number. AMS estimates that 248 dairy farms produced milk pooled on the Florida FMMO in 2017. One hundred forty-one farms delivered milk to Florida pool plants fewer than 100 days during 2017, and of those, 66 had less than 48,000 pounds of pooled milk on the order during the entire year. AMS estimates 107 farms (248 minus 141) were part of the ``normal'' Florida milk supply last year. Nineteen of those farms had less than $750,000 in gross milk sales, based upon estimated 2017 production and a weighted average uniform price of $20.98 per cwt. Considering all 248 farms that had producer milk on the Florida FMMO, AMS estimates that 101 farms had less than $750,000 in gross milk sales, regardless of where all of their production was pooled, and would be considered small businesses. AMS data indicates that six dairy farmer cooperatives, in their capacity as handlers, pooled producer milk on the Florida FMMO in 2017. AMS estimates that two of those cooperative handlers have fewer than 500 employees and would be considered small businesses. Thirty-eight processing plants received producer milk in 2017, of which AMS estimates that 13 would be considered small businesses. Two of the 13 small businesses are fully regulated distributing plants on the Florida FMMO. The remaining 11 small businesses are nonpool or exempt plants. The proposed amendments adopted in this final rule will provide temporary reimbursement to handlers (cooperative associations and proprietary handlers) who incurred extraordinary losses in connection with Hurricane Irma in September 2017. The amendments were requested by Southeast Milk, Inc.; Dairy Farmers of America, Inc.; Premier Milk, Inc.; Maryland and Virginia Milk Producers Cooperative Association, Inc.; and Lone Star Milk Producers, Inc. The dairy farmer members of these five cooperatives supply the majority of the milk pooled under the Florida FMMO. For a 7-month period beginning with July 2018, the amendments will implement a temporary assessment on Class I milk pooled on the Florida FMMO at a rate not to exceed $0.09 per hundredweight (cwt). The amount generated through the temporary assessment will be disbursed during the 7-month period starting in July 2018 to qualifying handlers who incurred extraordinary losses and expenses as a result of the hurricane. The amendments will reimburse handlers for marketing expenses and losses in four categories: Transportation costs to deliver loads to other than their normal receiving plants; lost location value due to selling milk in lower location value zones; milk dumped at farms or on tankers, and skim milk dumped at plants; and distressed milk sales. Reimbursement will be funded through an assessment on Class I milk at a maximum rate of $0.09 per cwt. Record evidence indicates that this would increase the consumer price of milk by less than $0.01 per gallon during the 7-month assessment period. The temporary assessment will not place handlers in the Florida marketing area at a competitive disadvantage because of the assessment's uniform application to Class I milk. Additionally, any handler who experienced a qualifying marketing expense or loss will be eligible to receive reimbursement, regardless of size. Dairy farmer blend prices will not be impacted by the amendments because the assessment will not be funded through the marketwide pool. Dairy farmer cooperatives who pooled milk on the Florida order, and therefore who qualified as the pooling handler, will also be eligible for reimbursement. In those instances, producers are receiving relief as the money is returned to their dairy farmer-owned cooperative. Accordingly, the adoption of the proposed amendments will not significantly impact producers or handlers of any size, due to the limited implementation period and the minimal impact to the Class I milk price. A review of reporting requirements was completed in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The information necessary to qualify for reimbursement, as outlined in this rule, has already been submitted through the monthly handler receipts and utilization form (FORM 1), or is part of the normal business records inspected during routine FMMO audits. The primary information sources that will be required for applications for reimbursement are documents currently generated in customary business transactions. These documents include, but are not limited to: Invoices; receiving records; bulk milk manifests; hauling bills; and contracts. As these documents are routinely inspected by the market administrator during handler audits, the amendments adopted in this rule would not result in any new information collection. [[Page 21845]] Prior Documents in This Proceeding Notification of Hearing: Issued December 6, 2017; published December 11, 2017 (82 FR 58135); Supplemental Notice of Hearing: Issued December 7, 2017; published December 11, 2017 (82 FR 58135); Final Decision: Issued March 23, 2018; published March 30, 2018 (83 FR 13691). Findings and Determinations The findings and determinations hereinafter set forth supplement those that were made when the order was first issued and when it was amended. The previous findings and determinations are hereby ratified and confirmed, except where they may conflict with those set forth herein. (1) Findings upon the basis of the hearing record. The amendments to the order are based on the record of a public hearing held in Tampa, Florida, December 12 through 14, 2017, pursuant to a notification of hearing issued December 6, 2017, and published December 11, 2017 (82 FR 58135). 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). The tentative marketing agreement and the order are authorized under 7 U.S.C. 608c. Upon the basis of the evidence introduced at the public hearing and its record, it is found that: (a) The order as hereby amended, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the AMAA; (b) The parity prices of milk, as determined pursuant to section 2 of the AMAA, are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions that affect market supply and demand for milk in the Florida marketing area. The minimum prices specified in the tentative marketing agreement and order, as hereby amended, are prices that will reflect the aforesaid factors, ensure a sufficient quantity of pure and wholesome milk, and be in the public interest; and (c) The tentative marketing agreement and order, as hereby amended, will regulate the handling of milk in the same manner as, and applies only to, persons in the respective classes of industrial and commercial activity specified in, marketing agreements upon which a hearing has been held. (2) Additional Findings. The amendment to this order is known to handlers. The final decision containing the proposed amendment to this order was issued on March 23, 2018, and published in the Federal Register on March 30, 2018 (83 FR 13691). The public hearing regarding amendments to this order was held on an emergency basis. The changes that result from these amendments will not require extensive preparation or substantial alteration in the handlers' method of operation. Therefore, it is determined that good cause exists for making this amendment effective July 1, 2018. (Section 553(d), Administrative Procedure Act, 5 U.S.C. 551-559.) (3) Determinations. It is hereby determined that: (a) The refusal or failure of handlers (excluding cooperative associations specified in section 8c(9) of the AMAA) of more than 50 percent of the milk marketed within the specified marketing areas to sign a proposed marketing agreement, tends to prevent the effectuation of the declared policy of the AMAA; (b) The issuance of this order amending the Florida order is the only practical means pursuant to the declared policy of the AMAA of advancing the interests of producers as defined in the order as hereby amended; and (c) The issuance of this order amending the Florida order 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. List of Subjects in 7 CFR Part 1006 Milk marketing orders. Order Amending the Order Regulating the Handling of Milk in the Florida Marketing Area It is therefore ordered, that on and after the effective date hereof, the handling of milk in the Florida marketing area shall be in conformity to and in compliance with the terms and conditions of the order as amended, as follows: For the reasons set forth in the preamble, 7 CFR part 1006 is amended as follows: PART 1006--MILK IN THE FLORIDA MILK MARKETING AREA 0 1. The authority citation for part 1006 continues to read as follows: Authority: 7 U.S.C. 601-674, and 7253. [Subpart Redesignated as Subpart A] 0 2. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A-- Order Regulating Handling''. 0 3. Section 1006.60 is amended by revising paragraphs (a) and (g) and adding paragraphs (h) and (i) to read as follows: Sec. 1006.60 Handler's value of milk. * * * * * (a) Multiply the pounds of skim milk and butterfat in producer milk that were classified in each class pursuant to Sec. 1000.44(c) of this chapter by the applicable skim milk and butterfat prices, and add the resulting amounts; except that for the months of July 2018 through January 2019, the Class I skim milk price for this purpose shall be the Class I skim milk price as determined in Sec. 1000.50(b) of this chapter plus $0.09 per hundredweight, and the Class I butterfat price for this purpose shall be the Class I butterfat price as determined in Sec. 1000.50(c) of this chapter plus $0.0009 per pound. The adjustments to the Class I skim milk and butterfat prices provided herein may be reduced by the market administrator for any month if the market administrator determines that the payments yet unpaid computed pursuant to paragraphs (g)(1) through (g)(6) of this section will be less than the amount computed pursuant to paragraph (h) of this section. The adjustments to the Class I skim milk and butterfat prices provided herein during the months of July 2018 through January 2019 shall be announced along with the prices announced in Sec. 1000.53(b) of this chapter. * * * * * (g) For transactions occurring during the period of September 6, 2017, through September 15, 2017, for handlers who have submitted proof satisfactory to the market administrator no later than August 1, 2018, to determine eligibility for reimbursement of hurricane-imposed costs, subtract an amount equal to: (1) The additional cost of transportation on loads of milk rerouted from pool distributing plants to plants outside the state of Florida as a result of Hurricane Irma, and the additional cost of transportation on loads of milk moved and then dumped. The reimbursement of transportation costs pursuant to this section shall be the actual demonstrated cost of such transportation of bulk milk or the miles of transportation on such loads of bulk milk multiplied by $3.75 per loaded mile, whichever is less; (2) The lost location value on loads of milk rerouted to plants outside the state of Florida as a result of Hurricane Irma. The lost location value shall be the difference per hundredweight between the value specified in Sec. 1000.52 of this [[Page 21846]] chapter, adjusted by Sec. 1006.51(b), at the location of the plant where the milk would have normally been received and the value specified in Sec. 1000.52, as adjusted by Sec. 1005.51(b) and Sec. 1007.51(b) of this chapter, at the location of the plant to which the milk was rerouted; (3) The value per hundredweight at the lowest classified price for the month of September 2017 for milk dumped at the farm and classified as other use milk pursuant to Sec. 1000.40(e) of this chapter as a result of Hurricane Irma; (4) The value per hundredweight at the lowest classified price for the month of September 2017 for milk dumped from milk tankers after being moved off-farm and classified as other use milk pursuant to Sec. 1000.40(e) of this chapter as a result of Hurricane Irma; (5) The value per hundredweight at the lowest classified price for the month of September 2017 for skim portion of milk dumped and classified as other use milk pursuant to Sec. 1000.40(e) of this chapter as a result of Hurricane Irma; and (6) The difference between the announced class price applicable to the milk as classified by the market administrator for the month of September 2017 and the actual price received for milk delivered to nonpool plants outside the state of Florida as a result of Hurricane Irma. (h) The total amount of payment to all handlers under paragraph (g) of this section shall be limited for each month to an amount determined by multiplying the total Class I producer milk for all handlers pursuant to Sec. 1000.44(c) of this chapter times $0.09 per hundredweight. (i) If the cost of payments computed pursuant to paragraphs (g)(1) through (g)(6) of this section exceeds the amount computed pursuant to paragraph (h) of this section, the market administrator shall prorate such payments to each handler based on each handler's proportion of transportation and other use milk costs submitted pursuant to paragraphs (g)(1) through (g)(6). Costs submitted pursuant to paragraphs (g)(1) through (g)(6) which are not paid as a result of such a proration shall be paid in subsequent months until all costs incurred and documented through (g)(1) through (g)(6) have been paid. Dated: May 8, 2018. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2018-10085 Filed 5-10-18; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations 21843
Any questions about the compliance not signed an amended marketing money from a commercial lending
guide should be sent to Richard Lower agreement; and institution for such purposes.
at the previously mentioned address in 2. The issuance of this amendatory * * * * *
the FOR FURTHER INFORMATION CONTACT Order, amending the aforesaid Order, is
Dated: May 8, 2018.
section. favored or approved by producers
representing at least two-thirds of the Bruce Summers,
Order Amending the Order Regulating volume of walnuts produced by those Acting Administrator, Agricultural Marketing
the Handling of Walnuts Grown in voting in a referendum on the question Service.
California of approval and who, during the period [FR Doc. 2018–10106 Filed 5–10–18; 8:45 am]
(a) Findings and Determinations Upon of September 1, 2015, through August BILLING CODE 3410–02–P
the Basis of the Rulemaking Record. 31, 2016, have been engaged within the
The findings are supplementary to the production area in the production of
findings and determinations which were such walnuts. DEPARTMENT OF AGRICULTURE
previously made in connection with the 3. The issuance of this amendatory
Order advances the interests of growers Agricultural Marketing Service
issuance of the Order; and all said
previous findings and determinations of walnuts in the production area
pursuant to the declared policy of the 7 CFR Part 1006
are hereby ratified and affirmed, except
insofar as such findings and Act. [AMS–DA–17–0068; AO–18–0008]
determinations may be in conflict with Order Relative to Handling
the findings and determinations set Milk in the Florida Marketing Area;
forth herein. It is therefore ordered, that on and Order Amending the Order
1. The Order, as amended, and as after the effective date hereof, all
handling of walnuts grown in California AGENCY: Agricultural Marketing Service,
hereby further amended, and all of the USDA.
terms and conditions thereof, will tend shall be in conformity to, and in
compliance with, the terms and ACTION: Final rule.
to effectuate the declared policy of the
Act; conditions of the said Order as hereby
SUMMARY: This final rule amends the
2. The Order, as amended, and as amended as follows:
The provisions of the proposed Florida Federal milk marketing order
hereby further amended, regulates the (FMMO) to adopt a temporary
Marketing Order amending the Order
handling of walnuts grown in California assessment on Class I milk. Assessment
contained in the proposed rule issued
in the same manner as, and is applicable revenue will be disbursed to handlers
by the Associate Administrator on
only to, persons in the respective classes and producers who incurred
September 12, 2016, and published in
of commercial and industrial activity extraordinary marketing losses and
the Federal Register on September 16,
specified in the Order; expenses due to Hurricane Irma in
2016 (81 FR 63721), shall be and are the
3. The Order, as amended, and as September 2017. More than the required
terms and provisions of this order
hereby further amended, is limited in number of producers for the Florida
amending the Order and are set forth in
application to the smallest regional marketing area have approved the
full herein.
production area which is practicable, issuance of the final order as amended.
consistent with carrying out the List of Subjects in 7 CFR Part 984 DATES: This rule is effective July 1,
declared policy of the Act, and the Walnuts, Marketing agreements, 2018.
issuance of several orders applicable to Reporting and recordkeeping
subdivisions of the production area FOR FURTHER INFORMATION CONTACT: Erin
requirements. C. Taylor, Order Formulation and
would not effectively carry out the For the reasons set forth in the
declared policy of the Act; Enforcement Division, USDA/AMS/
preamble, 7 CFR part 984 is amended as Dairy Program, STOP 0231-Room 2963,
4. The Order, as amended, and as follows:
hereby further amended, prescribes, 1400 Independence Ave SW,
insofar as practicable, such different Washington, DC 20250–0231, (202) 720–
PART 984—WALNUTS GROWN IN
terms applicable to different parts of the CALIFORNIA 7183, email address: erin.taylor@
production area as are necessary to give ams.usda.gov.
due recognition to the differences in the ■ 1. The authority citation for part 984 SUPPLEMENTARY INFORMATION: This rule,
production and marketing of walnuts continues to read as follows: in accordance with 7 CFR 900.14(c), is
produced or packed in the production Authority: 7 U.S.C. 601–674. the Secretary’s final rule in this
area; and ■ 2. Amend 984.69 by redesignating proceeding and issues a marketing order
5. All handling of walnuts produced paragraph (d) as paragraph (e) and as defined in 7 CFR 900.2(j).
in the production area as defined in the adding a new paragraph (d) to read as Accordingly, this final rule adopts
Order is in the current of interstate or follows: proposed amendments detailed in the
foreign commerce or directly burdens, proposed rule (83 FR 13691).
obstructs, or affects such commerce. § 984.69 Assessments. This administrative action is governed
(b) Determinations. It is hereby * * * * * by the provisions of Sections 556 and
determined that: (d) Advanced assessments and 557 of Title 5 of the United States Code
1. Handlers (excluding cooperative commercial loans. To provide funds for and is therefore excluded from the
associations of producers who are not the administration of the provisions of requirements of Executive Order 12866.
sradovich on DSK3GMQ082PROD with RULES
engaged in processing, distributing, or this part during the part of a fiscal This final rule is not considered an
shipping of walnuts covered under the period when neither sufficient operating Executive Order 13771 regulatory action
Order) who during the period reserve funds nor sufficient revenue because it does not meet the definition
September 1, 2015, through August 31, from assessments on the current of a ‘‘regulation’’ or ‘‘rule’’ under
2016, handled not less than 50 percent season’s certifications are available, the Executive Order 12866.
of the volume of such walnuts covered Board may accept payment of The proposed amendments adopted
by said Order, as hereby amended, have assessments in advance or may borrow in this final rule have been reviewed
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Prior Documents in This Proceeding containing the proposed amendment to ■ 3. Section 1006.60 is amended by
Notification of Hearing: Issued this order was issued on March 23, revising paragraphs (a) and (g) and
December 6, 2017; published December 2018, and published in the Federal adding paragraphs (h) and (i) to read as
11, 2017 (82 FR 58135); Register on March 30, 2018 (83 FR follows:
Supplemental Notice of Hearing: 13691).
The public hearing regarding § 1006.60 Handler’s value of milk.
Issued December 7, 2017; published
amendments to this order was held on * * * * *
December 11, 2017 (82 FR 58135); (a) Multiply the pounds of skim milk
Final Decision: Issued March 23, an emergency basis. The changes that
result from these amendments will not and butterfat in producer milk that were
2018; published March 30, 2018 (83 FR
require extensive preparation or classified in each class pursuant to
13691).
substantial alteration in the handlers’ § 1000.44(c) of this chapter by the
Findings and Determinations method of operation. Therefore, it is applicable skim milk and butterfat
The findings and determinations determined that good cause exists for prices, and add the resulting amounts;
hereinafter set forth supplement those making this amendment effective July 1, except that for the months of July 2018
that were made when the order was first 2018. (Section 553(d), Administrative through January 2019, the Class I skim
issued and when it was amended. The Procedure Act, 5 U.S.C. 551–559.) milk price for this purpose shall be the
previous findings and determinations (3) Determinations. Class I skim milk price as determined in
are hereby ratified and confirmed, It is hereby determined that: § 1000.50(b) of this chapter plus $0.09
except where they may conflict with (a) The refusal or failure of handlers per hundredweight, and the Class I
those set forth herein. (excluding cooperative associations butterfat price for this purpose shall be
(1) Findings upon the basis of the specified in section 8c(9) of the AMAA) the Class I butterfat price as determined
hearing record. of more than 50 percent of the milk in § 1000.50(c) of this chapter plus
The amendments to the order are marketed within the specified marketing $0.0009 per pound. The adjustments to
based on the record of a public hearing areas to sign a proposed marketing the Class I skim milk and butterfat
held in Tampa, Florida, December 12 agreement, tends to prevent the prices provided herein may be reduced
through 14, 2017, pursuant to a effectuation of the declared policy of the by the market administrator for any
notification of hearing issued December AMAA; month if the market administrator
6, 2017, and published December 11, (b) The issuance of this order determines that the payments yet
2017 (82 FR 58135). The hearing was amending the Florida order is the only unpaid computed pursuant to
held pursuant to the provisions of the practical means pursuant to the paragraphs (g)(1) through (g)(6) of this
Agricultural Marketing Agreement Act declared policy of the AMAA of section will be less than the amount
of 1937, as amended (7 U.S.C. 601–674), advancing the interests of producers as computed pursuant to paragraph (h) of
and the applicable rules of practice and defined in the order as hereby amended; this section. The adjustments to the
procedure (7 CFR part 900). The and Class I skim milk and butterfat prices
tentative marketing agreement and the (c) The issuance of this order provided herein during the months of
order are authorized under 7 U.S.C. amending the Florida order is favored July 2018 through January 2019 shall be
608c. by at least two-thirds of the producers announced along with the prices
Upon the basis of the evidence who were engaged in the production of announced in § 1000.53(b) of this
introduced at the public hearing and its milk for sale in the respective marketing chapter.
record, it is found that: areas. * * * * *
(a) The order as hereby amended, and List of Subjects in 7 CFR Part 1006 (g) For transactions occurring during
all of the terms and conditions thereof, the period of September 6, 2017,
will tend to effectuate the declared Milk marketing orders. through September 15, 2017, for
policy of the AMAA; Order Amending the Order Regulating handlers who have submitted proof
(b) The parity prices of milk, as the Handling of Milk in the Florida satisfactory to the market administrator
determined pursuant to section 2 of the Marketing Area no later than August 1, 2018, to
AMAA, are not reasonable in view of determine eligibility for reimbursement
the price of feeds, available supplies of It is therefore ordered, that on and of hurricane-imposed costs, subtract an
feeds, and other economic conditions after the effective date hereof, the amount equal to:
that affect market supply and demand handling of milk in the Florida (1) The additional cost of
for milk in the Florida marketing area. marketing area shall be in conformity to transportation on loads of milk rerouted
The minimum prices specified in the and in compliance with the terms and from pool distributing plants to plants
tentative marketing agreement and conditions of the order as amended, as outside the state of Florida as a result of
order, as hereby amended, are prices follows: Hurricane Irma, and the additional cost
For the reasons set forth in the of transportation on loads of milk
that will reflect the aforesaid factors,
preamble, 7 CFR part 1006 is amended moved and then dumped. The
ensure a sufficient quantity of pure and
as follows: reimbursement of transportation costs
wholesome milk, and be in the public
interest; and PART 1006—MILK IN THE FLORIDA pursuant to this section shall be the
(c) The tentative marketing agreement MILK MARKETING AREA actual demonstrated cost of such
and order, as hereby amended, will transportation of bulk milk or the miles
regulate the handling of milk in the ■ 1. The authority citation for part 1006 of transportation on such loads of bulk
same manner as, and applies only to, continues to read as follows: milk multiplied by $3.75 per loaded
sradovich on DSK3GMQ082PROD with RULES
persons in the respective classes of Authority: 7 U.S.C. 601–674, and 7253.
mile, whichever is less;
industrial and commercial activity (2) The lost location value on loads of
specified in, marketing agreements upon [Subpart Redesignated as Subpart A] milk rerouted to plants outside the state
which a hearing has been held. of Florida as a result of Hurricane Irma.
(2) Additional Findings. ■ 2. Redesignate ‘‘Subpart—Order The lost location value shall be the
The amendment to this order is Regulating Handling’’ as ‘‘Subpart A— difference per hundredweight between
known to handlers. The final decision Order Regulating Handling’’. the value specified in § 1000.52 of this
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chapter, adjusted by § 1006.51(b), at the DEPARTMENT OF AGRICULTURE Farm Security and Rural Investment Act
location of the plant where the milk of 2002 (FSRIA); section 7127 of the
would have normally been received and National Institute of Food and Food, Conservation, and Energy Act of
the value specified in § 1000.52, as Agriculture 2008; and section 7129 of the
adjusted by § 1005.51(b) and Agricultural Act of 2014. Additionally,
§ 1007.51(b) of this chapter, at the 7 CFR Part 3419 NIFA makes these changes to the
location of the plant to which the milk RIN 0524–AA68 Definitions and Use of Matching Funds
was rerouted; sections to provide clarity on allowable
(3) The value per hundredweight at Matching Funds Requirements for uses of matching funds.
the lowest classified price for the month Agricultural Research and Extension Response to Comments on the Proposed
of September 2017 for milk dumped at Capacity Funds at 1890 Land-Grant Rule and Revisions Included in Final
the farm and classified as other use milk Institutions, Including Central State Rule
pursuant to § 1000.40(e) of this chapter University, Tuskegee University, and
as a result of Hurricane Irma; West Virginia State University, and at On November 13, 2017, NIFA
1862 Land-Grant Institutions in Insular published in the Federal Register a
(4) The value per hundredweight at Notice of Proposed Rulemaking entitled
the lowest classified price for the month Areas
‘‘Matching Funds Requirements for
of September 2017 for milk dumped AGENCY: National Institute of Food and Agricultural Research and Extension
from milk tankers after being moved off- Agriculture, USDA. Capacity Funds at 1890 Land-Grant
farm and classified as other use milk ACTION: Final rule. Institutions and 1862 Land-Grant
pursuant to § 1000.40(e) of this chapter Institutions in Insular Areas’’ (82 FR
as a result of Hurricane Irma; SUMMARY: This final rule amends 52250) with the same purpose as above.
(5) The value per hundredweight at National Institute of Food and The public had 60 days to comment,
the lowest classified price for the month Agriculture (NIFA) regulations for the with the comment period closing
of September 2017 for skim portion of purpose of implementing the statutory January 12, 2018. NIFA received only
milk dumped and classified as other use amendments applicable to the National one comment in response to the Notice
milk pursuant to § 1000.40(e) of this Institute of Food and Agriculture’s of Proposed Rulemaking and this
chapter as a result of Hurricane Irma; (NIFA) matching requirements for comment addressed issues that are
and Federal agricultural research and outside the scope of this rule. The
(6) The difference between the extension capacity (formula) funds for commenter discussed the inhumane
announced class price applicable to the 1890 land-grant institutions (LGUs), treatment of farm animals in general.
milk as classified by the market including Central State University, Because this comment is outside the
administrator for the month of Tuskegee University, and West Virginia scope of this rule, no change will be
September 2017 and the actual price State University, and 1862 land-grant made to the language of the revision
received for milk delivered to nonpool institutions in insular areas, and to based on this comment.
plants outside the state of Florida as a remove the term ‘‘qualifying educational
activities.’’ These matching Summary of Changes in Final Rule
result of Hurricane Irma.
requirements were amended by the Section 3419.1 Definitions
(h) The total amount of payment to all Farm Security and Rural Investment
handlers under paragraph (g) of this The definition of an eligible
Act; the Food, Conservation, and Energy
section shall be limited for each month institution is updated to include West
Act of 2008; and the Agricultural Act of
to an amount determined by Virginia State University (formerly West
2014.
multiplying the total Class I producer Virginia State College) and Central State
DATES: This final rule is effective May University. Section 753 of the
milk for all handlers pursuant to
§ 1000.44(c) of this chapter times $0.09 11, 2018. Agricultural, Rural Development, Food
per hundredweight. FOR FURTHER INFORMATION CONTACT: and Drug Administration, and Related
Maggie Ewell, Senior Policy Advisor, Agencies Appropriations Act, 2002
(i) If the cost of payments computed
202–401–0222. (Pub. L. 107–76) restored 1890 land-
pursuant to paragraphs (g)(1) through
(g)(6) of this section exceeds the amount SUPPLEMENTARY INFORMATION: grant institution status to West Virginia
computed pursuant to paragraph (h) of State College. In 2004, the West Virginia
I. Background and Purpose Legislature approved West Virginia
this section, the market administrator
shall prorate such payments to each The National Institute of Food and State College’s transition to University
handler based on each handler’s Agriculture (NIFA) amends part 3419 of status. Central State University was
proportion of transportation and other Title 7, subtitle B, chapter XXXIV of the recognized as an 1890 land-grant
use milk costs submitted pursuant to Code of Federal Regulations which institution under section 7129 of the
paragraphs (g)(1) through (g)(6). Costs implements the matching requirements Agricultural Act of 2014.
submitted pursuant to paragraphs (g)(1) provided under section 1449 of the In 2014, NIFA re-branded its formula
through (g)(6) which are not paid as a National Agricultural Research, grant programs as ‘‘capacity grants.’’
result of such a proration shall be paid Extension, and Teaching Policy Act of Therefore, the definition of formula
in subsequent months until all costs 1977 (NARETPA) for agricultural funds is changed to reflect this
incurred and documented through (g)(1) research and extension capacity terminology, capacity funds, and the
through (g)(6) have been paid. (formula) funds authorized for the 1890 words ‘‘by formula’’ are inserted to
sradovich on DSK3GMQ082PROD with RULES
land-grant institutions, including clarify that capacity funds are provided
Dated: May 8, 2018. Central State University, Tuskegee by formula to eligible institutions.
Bruce Summers, University, and West Virginia State The term and definition for qualifying
Acting Administrator, Agricultural Marketing University and 1862 land-grant educational activities is removed due to
Service. institutions in insular areas. This the fact that this term has caused
[FR Doc. 2018–10085 Filed 5–10–18; 8:45 am] revision is required due to the statutory confusion regarding what constitutes an
BILLING CODE 3410–02–P amendments of sections 7212 of the allowable qualifying educational
VerDate Sep<11>2014 22:27 May 10, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1](https://thefederalregister.org/doc/83_FR_21935/page/4.svg)
Document Created: 2018-11-02 09:50:16
Document Modified: 2018-11-02 09:50:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 1, 2018. | |
| Contact | Erin C. Taylor, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, STOP 0231-Room 2963, 1400 Independence Ave SW, Washington, DC 20250-0231, (202) 720-7183, email | |
| FR Citation | 83 FR 21843 |
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