[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Rules and Regulations]               
[Page 26315-26316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my08-2]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1005 and 1007

[AMS-DA-07-0059; AO-388-A22 and AO-366-A51; Docket No. DA-07-03-A]

 
Milk in the Appalachian and Southeast Marketing Areas; Correction

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the regulations that 
were published in the March 17, 2008 Federal Register (73 FR 14153). 
The regulations inadvertently omitted language in Sec.  1005.13 
paragraphs (d)(3) and (d)(4), and Sec.  1007.13 paragraphs (d)(3) and 
(d)(4) that provide for a zero diversion limit standard on loads of 
milk requesting transportation credits. This document corrects the 
final regulations by revising these sections.

DATES: Effective Date: May 9, 2008.

FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Associate Deputy 
Administrator, USDA/AMS/Dairy Programs, Order Formulation and 
Enforcement Branches, STOP 0231--Room 2971, 1400 Independence Avenue, 
SW., Washington, DC 20250-0231, (202) 690-1366, e-mail address: 
gino.tosi@usda.gov.

SUPPLEMENTARY INFORMATION: This document provides correcting amendments 
to the regulations of the Appalachian and Southeast milk marketing 
orders, found respectively at 7 CFR part 1005 and 7 CFR part 1007.

List of Subjects in 7 CFR Parts 1005 and 1007

    Milk marketing orders.

0
Accordingly, 7 CFR parts 1005 and 1007 are corrected by making the 
following correcting amendments:
0
1. The authority citation for 7 CFR parts 1005 and 1007 continues to 
read as follows:

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

PART 1005--MILK IN THE APPALACHIAN MARKETING AREA

0
2. In Sec.  1005.13, paragraphs (d) (3) and (4) are revised to read as 
follows:


Sec.  1005.13  Producer Milk.

* * * * *
    (d) * * *
    (3) The total quantity of milk so diverted during the month by a 
cooperative association shall not exceed 25 percent during the months 
of July through November, January, and February, and 35 percent during 
the months of December and March through June, of the producer milk 
that the cooperative association caused to be delivered to, and 
physically received at, pool plants during the month, excluding the 
total pounds of bulk milk received directly from producers meeting the 
conditions as described in Sec.  1005.82(c)(2)(ii) and (iii), and for 
which a transportation credit is requested;
    (4) The operator of a pool plant that is not a cooperative 
association may divert any milk that is not under the control of a 
cooperative association that diverts milk during the month pursuant to 
paragraph (d) of this section. The total quantity of milk so diverted 
during the month shall not exceed 25 percent during the months of July 
through November, January, and February, and 35 percent during the 
months of December and March through June, of the producer milk 
physically received at such plant (or such unit of plants in the case 
of plants that pool as a unit pursuant to Sec.  1005.7(d)) during the 
month, excluding the quantity of producer milk received from handler 
described in Sec.  1000.9(c) and excluding the total pounds of bulk 
milk received directly from producers meeting the conditions as 
described in Sec.  1005.82 (c)(2)(ii) and (iii), and for which a 
transportation credit is requested.
* * * * *

PART 1007--MILK IN THE SOUTHEAST MARKETING AREA

0
3. In Sec.  1007.13, paragraphs (d)(3) and (4) are revised to read as 
follows:


Sec.  1007.13  Producer milk.

* * * * *
    (d) * * *
    (3) The total quantity of milk so diverted during the month by a 
cooperative association shall not exceed 25 percent during the months 
of July through November, January, and February, and 35 percent during 
the months of December and March through June, of the producer milk 
that the cooperative association caused to be delivered to, and 
physically received at, pool plants during the month, excluding the 
total pounds of bulk milk received directly from producers meeting for 
conditions as described in Sec.  1007.82(c)(2)(ii) and (iii), and for 
which a transportation credit is requested;
    (4) The operator of a pool plant that is not a cooperative 
association may divert any milk that is not under the control of a 
cooperative association that

[[Page 26316]]

diverts milk during the month pursuant to paragraph (d) of this 
section. The total quantity of milk so diverted during the month shall 
not exceed 25 percent during the months of July through November, 
January, and February, and 35 percent during the months of December and 
March through June of the producer milk physically received at such 
plant (or such unit of plants in the case of plants that pool as a unit 
pursuant to Sec.  1007.7(e)) during the month, excluding the quantity 
of producer milk received from a handler described in Sec.  1000.9(c), 
excluding the total pounds of bulk milk received directly from 
producers meeting for conditions as described in Sec.  
1007.82(c)(2)(ii) and (iii), and for which a transportation credit is 
requested;
* * * * *

    Dated: May 6, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-1239 Filed 5-6-08; 2:32 pm]

BILLING CODE 3410-02-P