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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

CFR Citation: 7 CFR Parts 1005 and 1007

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

NOTICE: RULES

DOCUMENT ACTION: Correcting amendments.

SUBJECT CATEGORY: Milk in the Appalachian and Southeast Marketing Areas; Correction

DATES: Effective Date: May 9, 2008.

DOCUMENT 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.

SUMMARY: Milk in Appalachian and Southeast Marketing Areas; Correction,

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

Authority: 7 U.S.C. 601674, and 7253.
PART 1005MILK IN THE APPALACHIAN MARKETING AREA
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 1007MILK IN THE SOUTHEAST MARKETING AREA
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
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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. 081239 Filed 5608; 2:32 pm]
BILLING CODE 341002P

FOR FURTHER INFORMATION CONTACT Gino M. Tosi, Associate Deputy Administrator, USDA/AMS/Dairy Programs, Order Formulation and Enforcement Branches, STOP 0231Room 2971, 1400 Independence Avenue, SW., Washington, DC 202500231, (202) 6901366, email address: gino.tosi@usda.gov.