99-17893. Milk in the New England and Other Marketing Areas; Decision on Proposed Amendments to Marketing Agreements and to Orders; Correction  

  • [Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
    [Proposed Rules]
    [Pages 37892-37897]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-17893]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Agricultural Marketing Service
    
    7 CFR Parts 1000, 1001, 1002, 1004, 1005, 1006, 1007, 1012, 1013, 
    1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 1050, 1064, 1065, 
    1068, 1076, 1079, 1106, 1124, 1126, 1131, 1134, 1135, 1137, 1138 
    and 1139
    
    [DA-97-12]
    
    
    Milk in the New England and Other Marketing Areas; Decision on 
    Proposed Amendments to Marketing Agreements and to Orders; Correction
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Proposed rule; Correction.
    
    -----------------------------------------------------------------------
    
    ------------------------------------------------------------------------
                7 CFR part                         Marketing area
    ------------------------------------------------------------------------
    1000..............................  General Provisions of Federal Milk
                                         Marketing Orders.
    1001..............................  New England.
    1002..............................  New York-New Jersey.
    1004..............................  Middle Atlantic.
    1005..............................  Carolina.
    1006..............................  Upper Florida.
    1007..............................  Southeast.
    1012..............................  Tampa Bay.
    1013..............................  Southeastern Florida.
    1030..............................  Chicago Regional.
    1032..............................  Southern Illinois-Eastern Missouri.
    1033..............................  Ohio Valley.
    1036..............................  Eastern Ohio-Western Pennsylvania.
    1040..............................  Southern Michigan.
    1044..............................  Michigan Upper Peninsula.
    1046..............................  Louisville-Lexington-Evansville.
    1049..............................  Indiana.
    1050..............................  Central Illinois.
    1064..............................  Greater Kansas City.
    1065..............................  Nebraska-Western Iowa.
    1068..............................  Upper Midwest.
    1076..............................  Eastern South Dakota.
    1079..............................  Iowa.
    1106..............................  Southwest Plains.
    1124..............................  Pacific Northwest.
    1126..............................  Texas.
    1131..............................  Central Arizona.
    1134..............................  Western Colorado.
    
    [[Page 37893]]
    
     
    1135..............................  Southwestern Idaho-Eastern Oregon.
    1137..............................  Eastern Colorado.
    1138..............................  New Mexico-West Texas.
    1139..............................  Great Basin.
    ------------------------------------------------------------------------
    
    SUMMARY: The Agricultural Marketing Service (AMS), USDA, published in 
    the Federal Register of April 2, 1999, a final decision that 
    consolidated the current 31 Federal milk orders into 11 orders to 
    comply with the 1996 Farm Bill and made other order changes. 
    Inadvertent errors and omissions were made in the supplementary 
    information and in the regulatory text. This document makes corrections 
    to the final decision. These corrections do not change the conclusions 
    contained in the final decision and do not substantively alter the 
    regulatory provisions.
    
    FOR FURTHER INFORMATION CONTACT: John F. Borovies, Branch Chief, USDA/
    AMS/Dairy Programs, Order Formulation Branch, Room 2971, South 
    Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 720-6274, e-
    mail address John.Borovies@usda.gov.
    
    Corrections
    
        In the final decision published on April 2, 1999 (FR Doc. 99-6547), 
    beginning on page 16026, the following corrections are made in the 
    supplementary information and regulatory text sections. The corrections 
    do not change the conclusions contained in the final decision and do 
    not substantively alter the regulatory provisions. The corrections are 
    being made for several reasons. First, the corrections more accurately 
    reflect the results of the USDA multi-regional economic model. Second, 
    the corrections provide conformity throughout the supplementary 
    information and regulatory text sections. And third, corrections are 
    made to include information inadvertently omitted.
        In the supplementary information section of the final decision 28 
    corrections are made. Eighteen corrections (corrections numbered 1-10, 
    12-16, 20, and 25-26) are made in connection with the USDA multi-
    regional dairy sector economic model results. The model quantitatively 
    examined the impacts of the changes under consideration in the 
    classified pricing of milk and dairy products in the milk order system. 
    These were discussed in the supplementary information of the final 
    decision. Inadvertently, the model results contained a pricing point 
    data-entry error. Correction of this error results in minor changes in 
    the results. These corrections do not alter conclusions contained in 
    the final decision. A detailed description of the model is contained in 
    the final decision (64 FR 16110) and in the Regulatory Impact Analysis.
        The remaining corrections are as follows: two corrections 
    (corrections numbered 11 and 28) are made to conform the supplementary 
    information to the regulatory text and two corrections (corrections 
    numbered 17 and 18) are made to correct mathematical errors. Three 
    corrections (corrections numbered 21, 23, and 24) are made for the 
    following reasons:
        Correction 21 changes the last sentence on page 16099, first 
    column, third paragraph of the final decision, which explains the 
    modification of the protein price calculation in the final decision to 
    incorporate the additional value of butterfat in cheese with the 
    protein price. The final decision differed from the proposal in that 
    valuation of total nitrogen protein was changed to valuation of true 
    protein. However, the description of the factors used to compute the 
    resulting ratio was inadvertently not changed from that contained in 
    the proposal. The sentence is in error and is being corrected to 
    accurately reflect the method of calculating the ratio.
        Correction 23 removes the words ``in several counties'' in 
    reference to the Northeast because there are more than several 
    counties, and adds counties inadvertently omitted.
        Correction 24 (which adds a table) is made for the purpose of 
    clarifying the discussion in the final decision of the 1A pricing 
    option differential levels. The decision indicates that changes to the 
    1A price surface were made, but those changes were not specifically 
    identified. The table lists the changes in detail for purposes of 
    clarification.
        One correction (correction numbered 22) clarifies the data used in 
    the model, and two corrections (corrections numbered 19 and 27) are 
    made to correct typographical errors. These corrections and additions 
    do not impact the conclusions contained in the final decision but are 
    provided for clarification purposes.
        In the regulatory text of the final decision, 27 corrections are 
    made. Eight corrections (corrections numbered 7, 8, 10, 12, 14, 16, 17, 
    and 19) are made as a result of typographical errors. Eleven 
    corrections (corrections numbered 4, 6, 11, 15, 18, 20-24, and 26) are 
    made to clarify a price computation procedure used in each order. This 
    clarification does not change the price computation in the final 
    decision but more fully explains a step in the price calculation of 
    each order. Six corrections (corrections numbered 1, 3, 5, 9, 13, and 
    25) add a clarifying word or phrase that was inadvertently omitted. One 
    correction (correction number 2) removes obsolete language which should 
    have been deleted. A final correction is made to the authority 
    citations for each Part (correction numbered 27) to add to the 
    citations a reference to 7 U.S.C. 7253. These corrections do not make 
    any substantive changes to the regulatory text.
        Accordingly, for the reasons stated in the preamble, the final 
    decision published on April 2, 1999 (FR Doc. 99-6547) at 64 FR 16026 is 
    corrected as follows:
    
    Supplementary Information Corrections
    
        The corrections to the SUPPLEMENTARY INFORMATION of this document 
    are:
        1. The fourth and fifth columns of the table on page 16032 should 
    be corrected to read as follows (the numbers followed by an * are 
    corrected):
    
    ------------------------------------------------------------------------
                                                                   Modified
                           Final decision                         option 1B
    ------------------------------------------------------------------------
    -0.29......................................................        -0.69
    -0.19......................................................        -0.49
    -0.15*.....................................................        -0.38
    -0.02......................................................        -0.10
    0.00.......................................................        -0.05
    8.0*.......................................................      -131.1*
    14.8*......................................................       -91.2*
    42.1*......................................................       106.8*
    37.8*......................................................        99.0*
    -2.8*......................................................      -128.7*
    3.2*.......................................................       -90.1*
    -0.02......................................................        -0.04
    -80.4*.....................................................      -215.6*
    -79.3*.....................................................      -209.9*
    77.6*......................................................        86.9*
    82.5.......................................................        119.8
    ------------------------------------------------------------------------
    
        2. On page 16032, second column, second paragraph, $0.50 is 
    corrected to read $0.56.
        3. On page 16032, second column, third paragraph, $222.3 is 
    corrected to read $222.0.
        4. On page 16032, third column, first paragraph, $2.5 is corrected 
    to read $2.8.
        5. On page 16032, third column, second paragraph, 14 is corrected 
    to read 13 and 17 is corrected to read 18.
        6. On page 16033, first column, fourth paragraph, $0.61 is 
    corrected to read $0.66 and $128.4 is corrected to read $128.7.
        7. On page 16033, second column, second paragraph, 106.7 is 
    corrected to read 106.8.
        8. On page 16040, first column, fifth paragraph, Five is corrected 
    to read Four.
    
    [[Page 37894]]
    
        9. On page 16040, second column, second paragraph, 5 is corrected 
    to read 4.
        10. On page 16041, first column, second paragraph, 17 is corrected 
    to read 18, $0.04 is corrected to read $0.02, Ohio Valley is corrected 
    to read Greater Kansas City, 14 is corrected to read 13, $0.08 is 
    corrected to read $0.10, and Greater Kansas City is corrected to read 
    Eastern South Dakota and Indiana.
        11. On page 16041, second column, second paragraph, the words 
    ``all-metal'' are removed.
        12. On page 16041, third column, first paragraph, $0.50 is 
    corrected to read $0.56, $222.3 is corrected to read $222.0, and $2.5 
    is corrected to read $2.8.
        13. On page 16041, third column, second paragraph, 209 is corrected 
    to read 206, 74 is corrected to read 73, $0.04 is corrected to read 
    $0.02, 69 is corrected to read 72, 22 is corrected to read 23, and 
    $0.08 is corrected to read $0.10.
        14. On page 16041, third column, third paragraph, -$0.61 is 
    corrected to read -$0.66, and $100 is corrected to read $128.7.
        15. On page 16042, first column, first paragraph, 98.8 is corrected 
    to read 99.0.
        16. On page 16042, first column, fourth paragraph, $482.1 million 
    is corrected to read $104.9 million with adjustments and .02 is 
    corrected to read .01.
        17. On page 16051, Table 1 is corrected by changing the total in 
    the column headed ``Producer milk'' from 7,756,390 to 8,268,876.
        18. On page 16052, Table 2 is corrected by changing the total in 
    the column headed ``Manufacturing and supply plants'' from 669 to 658.
        19. On pages 16097 and 16098, all references to $0.015 or $.015 are 
    corrected to read $0.0015.
        20. On page 16098, first column, third paragraph, fourteen is 
    corrected to read fifteen.
        21. On page 16099, first column, third paragraph, the last sentence 
    is corrected to read as follows: ``The ratio of butterfat to protein, 
    1:1.28 is calculated from the protein and butterfat content of cheese 
    (25.8 percent protein and 33.1 percent butterfat).''
        22. On page 16108, second column, third paragraph, the last 
    sentence is corrected to read as follows: ``The model uses data from 
    May and October 1995.''
        23. On page 16110, second column, second paragraph, the second 
    sentence is corrected to read as follows: ``The changes only involved 
    adjusting certain county specific differentials to provide for more 
    appropriate price alignment in the northeast, seven counties in 
    Florida, one county in North Carolina, one county in Georgia, and two 
    counties in South Carolina.''
        24. On page 16110, second column, at the end of the second 
    paragraph add the following table:
    
                        Final Decision Option 1A Differentials and Changes From the Proposed Rule
    ----------------------------------------------------------------------------------------------------------------
                                                                                      Final decision
                                                                                        1A class I      Change from
                County/parish/city                     State           FIPS __ code    differential     proposed 1A
                                                                                       adjusted for    differential
    ----------------------------------------------------------------------------------------------------------------
    FAIRFIELD................................  CT                              09001            3.15            0.05
    HARTFORD.................................  CT                              09003            3.15            0.05
    MIDDLESEX................................  CT                              09007            3.15            0.05
    NEW HAVEN................................  CT                              09009            3.15            0.05
    NEW LONDON...............................  CT                              09011            3.15            0.05
    TOLLAND..................................  CT                              09013            3.15            0.05
    WINDHAM..................................  CT                              09015            3.15            0.05
    KENT.....................................  DE                              10001            3.05            0.05
    NEW CASTLE...............................  DE                              10003            3.05            0.05
    SUSSEX...................................  DE                              10005            3.05            0.05
    DE SOTO..................................  FL                              12027            4.00           -0.30
    HARDEE...................................  FL                              12049            4.00           -0.30
    HIGHLANDS................................  FL                              12055            4.00           -0.30
    MANATEE..................................  FL                              12081            4.00           -0.30
    OKEECHOBEE...............................  FL                              12093            4.00           -0.30
    SARASOTA.................................  FL                              12115            4.00           -0.30
    ST. LUCIE................................  FL                              12111            4.00           -0.30
    MCINTOSH.................................  GA                              13191            3.45            0.15
    CARROLL..................................  MD                              24013            2.90            0.10
    CECIL....................................  MD                              24015            3.05            0.05
    FREDERICK................................  MD                              24021            2.90            0.10
    WASHINGTON...............................  NC                              37187            3.20           -0.10
    ATLANTIC.................................  NJ                              34001            3.05            0.05
    BURLINGTON...............................  NJ                              34005            3.05            0.05
    CAMDEN...................................  NJ                              34007            3.05            0.05
    CAPE MAY.................................  NJ                              34009            3.05            0.05
    CUMBERLAND...............................  NJ                              34011            3.05            0.05
    GLOUCESTER...............................  NJ                              34015            3.05            0.05
    SALEM....................................  NJ                              34033            3.05            0.05
    ALBANY...................................  NY                              36001            2.70            0.10
    BROOME...................................  NY                              36007            2.70            0.10
    CHEMUNG..................................  NY                              36015            2.50            0.10
    CHENANGO.................................  NY                              36017            2.50            0.10
    CLINTON..................................  NY                              36019            2.30            0.10
    COLUMBIA.................................  NY                              36021            2.70           -0.10
    CORTLAND.................................  NY                              36023            2.50            0.10
    DELAWARE.................................  NY                              36025            2.70            0.10
    ESSEX....................................  NY                              36031            2.30           -0.10
    FRANKLIN.................................  NY                              36033            2.30            0.10
    FULTON...................................  NY                              36035            2.50           -0.10
    
    [[Page 37895]]
    
     
    GREENE...................................  NY                              36039            2.70            0.10
    HAMILTON.................................  NY                              36041            2.50            0.10
    HERKIMER.................................  NY                              36043            2.50            0.10
    JEFFERSON................................  NY                              36045            2.30            0.10
    LEWIS....................................  NY                              36049            2.30            0.10
    MADISON..................................  NY                              36053            2.50            0.10
    MONTGOMERY...............................  NY                              36057            2.70            0.10
    ONEIDA...................................  NY                              36065            2.50            0.10
    ONONDAGA.................................  NY                              36067            2.50            0.10
    OTSEGO...................................  NY                              36077            2.50           -0.10
    RENSSELAER...............................  NY                              36083            2.70            0.10
    SARATOGA.................................  NY                              36091            2.70            0.10
    SCHENECTADY..............................  NY                              36093            2.70            0.10
    SCHOHARIE................................  NY                              36095            2.70            0.10
    ST. LAWRENCE.............................  NY                              36089            2.30            0.10
    TIOGA....................................  NY                              36107            2.50            0.10
    TOMPKINS.................................  NY                              36109            2.50            0.10
    WARREN...................................  NY                              36113            2.50           -0.10
    BRADFORD.................................  PA                              42015            2.50            0.10
    BUCKS....................................  PA                              42017            3.05            0.05
    CENTRE...................................  PA                              42027            2.50            0.20
    CHESTER..................................  PA                              42029            3.05            0.05
    CLINTON..................................  PA                              42035            2.50            0.20
    COLUMBIA.................................  PA                              42037            2.70            0.10
    DELAWARE.................................  PA                              42045            3.05            0.05
    FULTON...................................  PA                              42057            2.70            0.10
    JUNIATA..................................  PA                              42067            2.70            0.10
    LACKAWANNA...............................  PA                              42069            2.70            0.10
    LANCASTER................................  PA                              42071            2.90            0.10
    LUZERNE..................................  PA                              42079            2.70            0.10
    LYCOMING.................................  PA                              42081            2.50           -0.10
    MIFFLIN..................................  PA                              42087            2.70            0.10
    MONTGOMERY...............................  PA                              42091            3.05            0.05
    MONTOUR..................................  PA                              42093            2.70            0.10
    NORTHUMBERLAND...........................  PA                              42097            2.70            0.10
    PERRY....................................  PA                              42099            2.70            0.10
    PHILADELPHIA.............................  PA                              42101            3.05            0.05
    POTTER...................................  PA                              42105            2.50            0.20
    SNYDER...................................  PA                              42109            2.70            0.10
    SULLIVAN.................................  PA                              42113            2.50           -0.10
    SUSQUEHANNA..............................  PA                              42115            2.50           -0.10
    TIOGA....................................  PA                              42117            2.50            0.20
    UNION....................................  PA                              42119            2.70            0.10
    WAYNE....................................  PA                              42127            2.70            0.10
    WYOMING..................................  PA                              42131            2.50           -0.10
    MARION...................................  SC                              45067            3.30            0.20
    MCCORMICK................................  SC                              45065            3.10           -0.20
    YORK.....................................  PA                              42133            2.90            0.10
    CHITTENDEN...............................  VT                              50007            2.50           -0.10
    ESSEX....................................  VT                              50009            2.40           -0.20
    LAMOILLE.................................  VT                              50015            2.50           -0.10
    WINDSOR..................................  VT                              50027            2.80            0.20
    ----------------------------------------------------------------------------------------------------------------
    
        25. On page 16114, second column, third paragraph, 4 is corrected 
    to read 2, Ohio Valley is corrected to read Greater Kansas City, 8 is 
    corrected to read 10, and Greater Kansas City is corrected to read 
    Eastern South Dakota and Indiana.
        26. On page 16114, third column, first paragraph, 8.3 is corrected 
    to read 1,556.6.
        27. On page 16115, second column, first paragraph, ``support USDA 
    of'' is corrected to read ``supporters of'.
        28. On page 16152, first column, first paragraph, lines 3 and 4 are 
    corrected by removing the words ``by up to 10 percentage points''.
    
    Regulatory Text Corrections
    
        The corrections to the regulatory text of this document are:
        1. On page 16178, second column, in Sec. 1000.50, paragraph 
    (q)(1)(i) is corrected by adding the words ``2 most recent'' before the 
    word ``NASS'' to read as follows:
    
    
    Sec. 1000.50  Class prices, component prices, and advanced pricing 
    factors.
    
    * * * * *
        (q) * * *
        (1) * * *
        (i) Following the procedure set forth in paragraphs (n) and (o) of 
    this section, but using the weighted average of the 2 most recent NASS 
    U.S. average weekly survey prices announced before the 24th day of the 
    month, compute a protein price and an other solids price;
    * * * * *
    
    [[Page 37896]]
    
        2. On page 16223, third column, Subpart J-Miscellaneous Provisions, 
    Sec. 1000.90 is corrected by removing the words ``or announcement'' 
    after the word ``payment'' to read as follows:
    
    Subpart J--Miscellaneous Provisions
    
    
    Sec. 1000.90  Dates.
    
        If a date required for a payment contained in a Federal milk order 
    falls on a Saturday, Sunday, or national holiday, such payment will be 
    due on the next day that the market administrator's office is open for 
    public business.
        3. On page 16224, third column, in Sec. 1001.4, paragraph (b)(2) is 
    corrected by adding the words ``the removal of water from milk; or'' at 
    the end of the paragraph to read as follows:
    
    
    Sec. 1001.4  Plant.
    
    * * * * *
        (b) * * *
        (2) An on-farm facility operated as part of a single dairy farm 
    entity for the separation of cream and skim milk or the removal of 
    water from milk; or * * * * *
        4. On page 16228, second column, in Sec. 1001.61, paragraph (c) is 
    corrected to read as follows:
    
    
    Sec. 1001.61  Computation of producer price differential.
    
    * * * * *
        (c) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1001.75.
    * * * * *
        5. On page 16231, first column, in Sec. 1005.7, the first sentence 
    of paragraph (a), paragraph (b), and the first sentence of paragraph 
    (c) are corrected by adding the word ``physically'' before the word 
    ``received'' to read as follows:
    
    
    Sec. 1005.7  Pool plant.
    
    * * * * *
        (a) A distributing plant, other than a plant qualified as a pool 
    plant pursuant to paragraph (b) of this section or section 7(b) of any 
    other Federal milk order, from which during the month 50 percent or 
    more of the fluid milk products physically received at such plant 
    (excluding concentrated milk received from another plant by agreement 
    for other than Class I use) are disposed of as route disposition or are 
    transferred in the form of packaged fluid milk products to other 
    distributing plants. * * *
        (b) Any distributing plant located in the marketing area which 
    during the month processed at least 50 percent of the total quantity of 
    fluid milk products physically received at the plant (excluding 
    concentrated milk received from another plant by agreement for other 
    than Class I use) into ultra-pasteurized or aseptically-processed fluid 
    milk products.
        (c) A supply plant from which 50 percent or more of the total 
    quantity of milk that is physically received during the month from 
    dairy farmers and handlers described in Sec. 1000.9(c), including milk 
    that is diverted from the plant, is transferred to pool distributing 
    plants. * * *
    * * * * *
        6. On page 16234, first column, in Sec. 1005.61, paragraph (b)(2) 
    is corrected to read as follows:
    
    
    Sec. 1005.61  Computation of uniform prices.
    
    * * * * *
        (b) * * *
        (2) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1005.75.
    * * * * *
    
    
    Sec. 1005.62  [Corrected]
    
        7. On page 16234, Sec. 1005.62 appears twice. The second appearance 
    of Sec. 1005.62 titled ``Announcement of uniform price, uniform 
    butterfat price and uniform skim milk price'' at the top of the second 
    column is removed.
    
    
    Sec. 1005.75  [Corrected]
    
        8. On page 16235, second column, in Sec. 1005.75 the reference to 
    Sec. 1005.50 is corrected to read Sec. 1005.51.
        9. On page 16237, second column, in Sec. 1006.7, the first sentence 
    of paragraph (a), paragraph (b), and the first sentence of paragraph 
    (c) are corrected by adding the word ``physically'' before the word 
    ``received'' to read as follows:
    
    
    Sec. 1006.7  Pool plant.
    
    * * * * *
        (a) A distributing plant, other than a plant qualified as a pool 
    plant pursuant to paragraph (b) of this section or section 7(b) of any 
    other Federal milk order, from which during the month 50 percent or 
    more of the fluid milk products physically received at such plant 
    (excluding concentrated milk received from another plant by agreement 
    for other than Class I use) are disposed of as route disposition or are 
    transferred in the form of packaged fluid milk products to other 
    distributing plants. * * *
        (b) Any distributing plant located in the marketing area which 
    during the month processed at least 50 percent of the total quantity of 
    fluid milk products physically received at the plant (excluding 
    concentrated milk received from another plant by agreement for other 
    than Class I use) into ultra-pasteurized or aseptically-processed fluid 
    milk products.
        (c) A supply plant from which 60 percent or more of the total 
    quantity of milk that is physically received during the month from 
    dairy farmers and handlers described in Sec. 1000.9(c), including milk 
    that is diverted from the plant, is transferred to pool distributing 
    plants. * * *
    * * * * *
        10. On page 16240, first column, in Sec. 1006.61, paragraph (b)(1) 
    the reference to Sec. 1005.60 is corrected to read Sec. 1006.60.
        11. On page 16240, first column, in Sec. 1006.61, paragraph (b)(2) 
    is corrected to read as follows:
    
    
    Sec. 1006.61  Computation of uniform prices.
    
    * * * * *
        (b) * * *
        (2) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1006.75.
    * * * * *
    
    
    Sec. 1006.75  [Corrected]
    
        12. On page 16241, third column, in Sec. 1006.75 the reference to 
    Sec. 1006.50 is corrected to read Sec. 1006.51.
        13. On page 16242, third column, in Sec. 1007.7, the first sentence 
    of paragraph (a), paragraph (b), and the first sentence of paragraph 
    (c) are corrected by adding the word ``physically'' before the word 
    ``received'' to read as follows:
    
    
    Sec. 1007.7  Pool plant.
    
    * * * * *
        (a) A distributing plant, other than a plant qualified as a pool 
    plant pursuant to paragraph (b) of this section or section 7(b) of any 
    other Federal milk order, from which during the month 50 percent or 
    more of the fluid milk products physically received at such plant 
    (excluding concentrated milk received from another plant by agreement 
    for other than Class I use) are disposed of as route disposition or are 
    transferred in the form of packaged fluid milk products to other 
    distributing plants. * * *
        (b) Any distributing plant located in the marketing area which 
    during the month processed at least 50 percent of the total quantity of 
    fluid milk products physically received at the plant (excluding 
    concentrated milk received from another plant by agreement for other 
    than Class I use) into ultra-pasteurized or aseptically-processed fluid 
    milk products.
    
    [[Page 37897]]
    
        (c) A supply plant from which 50 percent or more of the total 
    quantity of milk that is physically received during the month from 
    dairy farmers and handlers described in Sec. 1000.9(c), including milk 
    that is diverted from the plant, is transferred to pool distributing 
    plants. * * *
    * * * * *
        14. On page 16245, second column, in Sec. 1007.61 paragraph(b)(1) 
    the reference to Sec. 1005.60 is corrected to read Sec. 1007.60.
        15. On page 16245, second column, in Sec. 1007.61, paragraph (b)(2) 
    is corrected to read as follows:
    
    
    Sec. 1007.61  Computation of uniform prices.
    
    * * * * *
        (b) * * *
        (2) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1007.75.
    * * * * *
    
    
    Sec. 1007.75  [Corrected]
    
        16. On page 16246, third column, in Sec. 1007.75 the reference to 
    Sec. 1007.50 is corrected to read Sec. 1007.51.
        17. On page 16250, second column, in Sec. 1030.10, paragraph (a) is 
    corrected by adding the word ``area'' after the word ``marketing'' to 
    read as follows:
    
    
    Sec. 1030.10  Producer-handler.
    
    * * * * *
        (a) Operates a dairy farm and a distributing plant from which there 
    is route disposition in the marketing area during the month;
    * * * * *
        18. On page 16253, first column, in Sec. 1030.61, paragraph (c) is 
    corrected to read as follows:
    
    
    Sec. 1030.61  Computation of producer price differential.
    
    * * * * *
        (c) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1030.75.
    * * * * *
    
    
    Sec. 1032.2  [Corrected]
    
        19. On page 16255, second column, in Sec. 1032.2, subheading 
    ``Colorado Counties'', the word ``Freemont'' is corrected to read 
    ``Fremont''.
        20. On page 16259, third column, in Sec. 1032.61, paragraph (c) is 
    corrected to read as follows:
    
    
    Sec. 1032.61  Computation of producer price differential.
    
    * * * * *
        (c) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1032.75.
    * * * * *
        21. On page 16266, second column, in Sec. 1033.61, paragraph (c) is 
    corrected to read as follows:
    
    
    Sec. 1033.61  Computation of producer price differential.
    
    * * * * *
        (c) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1033.75.
    * * * * *
        22. On page 16273, first column, in Sec. 1124.61, paragraph (c) is 
    corrected to read as follows:
    
    
    Sec. 1124.61  Computation of producer price differential.
    
    * * * * *
        (c) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1124.75.
    * * * * *
        23. On page 16278, third column, in Sec. 1126.61, paragraph (c) is 
    corrected to read as follows:
    
    
    Sec. 1126.61  Computation of producer price differential.
    
    * * * * *
        (c) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1126.75.
    * * * * *
        24. On page 16284, first column, in Sec. 1131.61, paragraph (b)(2) 
    is corrected to read as follows:
    
    
    Sec. 1131.61  Computation of uniform prices.
    
    * * * * *
        (b) * * *
        (2) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1131.75.
    * * * * *
        25. On page 16289, third column, in Sec. 1135.60, paragraph (h) is 
    corrected by adding the phrase ``and the corresponding step of 
    Sec. 1000.44(b)'' after the reference to Sec. 1000.44(a)(3)(i) to read 
    as follows:
    
    
    Sec. 1135.60  Handler's value of milk.
    
    * * * * *
        (h) Multiply the difference between the Class I price applicable at 
    the location of the nearest unregulated supply plants from which an 
    equivalent volume was received and the Class III price by the pounds of 
    skim milk and butterfat in receipts of concentrated fluid milk products 
    assigned to Class I pursuant to Sec. 1000.43(d) and 
    Sec. 1000.44(a)(3)(i) and the corresponding step of Sec. 1000.44(b) and 
    the pounds of skim milk and butterfat subtracted from Class I pursuant 
    to Sec. 1000.44(a)(8) and the corresponding step of Sec. 1000.44(b), 
    excluding such skim milk and butterfat in receipts of fluid milk 
    products from an unregulated supply plant to the extent that an 
    equivalent amount of skim milk or butterfat disposed of to such plant 
    by handlers fully regulated under any Federal milk order is classified 
    and priced as Class I milk and is not used as an offset for any other 
    payment obligation under any order.
    * * * * *
        26. On page 16290, first column, in Sec. 1135.61, paragraph (c) is 
    corrected to read as follows:
    
    
    Sec. 1135.61  Computation of producer price differential.
    
    * * * * *
        (c) Add an amount equal to the minus location adjustments and 
    subtract an amount equal to the plus location adjustments computed 
    pursuant to Sec. 1135.75.
    * * * * *
        27. The authority citations for 7 CFR Parts 1000, 1001, 1005, 1006, 
    1007, 1030, 1032, 1033, 1124, 1126, 1131 and 1135 are corrected to read 
    as follows:
    
        Authority: 7 U.S.C. 601-674, and 7253.
    
        Dated: July 8, 1999.
    Enrique E. Figueroa,
    Administrator, Agricultural Marketing Service.
    [FR Doc. 99-17893 Filed 7-13-99; 8:45 am]
    BILLING CODE 3410-12-P
    
    
    

Document Information

Published:
07/14/1999
Department:
Agricultural Marketing Service
Entry Type:
Proposed Rule
Action:
Proposed rule; Correction.
Document Number:
99-17893
Pages:
37892-37897 (6 pages)
Docket Numbers:
DA-97-12
PDF File:
99-17893.pdf