{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 1007 sorted by section_id", "rows": [["24:24:4.1.3.1.30.0.71.1", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.1 Purpose.", "HUD", "", "", "", "This part provides the requirements and procedures that apply to loan guarantees for Native Hawaiian Housing under section 184A of the Housing and Community Development Act of 1992. Section 184A permits HUD to guarantee an amount not to exceed 100 percent of the unpaid principal and interest that is due on an eligible loan. The purpose of section 184A and this part is to provide access to sources of private financing to Native Hawaiian families who otherwise could not acquire housing financing because of the unique legal status of the Hawaiian Home Lands or as a result of a lack of access to private financial markets."], ["24:24:4.1.3.1.30.0.71.10", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.45 Nondiscrimination.", "HUD", "", "", "[67 FR 40776, June 13, 2002, as amended at 81 FR 80993, Nov. 17, 2016]", "(a) To the extent that the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d  et seq. ) or of the Fair Housing Act (42 U.S.C.A. 3601  et seq. ) apply to a guarantee provided under this part, nothing in the requirements concerning discrimination on the basis of race shall be construed to prevent the provision of the guarantee to an eligible entity on the basis that the entity serves Native Hawaiian families or is a Native Hawaiian family.\n\n(b) The equal access to HUD-assisted or -insured housing requirements in 24 CFR 5.105(a)(2) apply to this part."], ["24:24:4.1.3.1.30.0.71.11", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.50 Certificate of guarantee.", "HUD", "", "", "", "(a)  Approval process \u2014(1)  In general.  Before HUD approves any loan for guarantee under this section, the lender shall submit the application for the loan to HUD for examination.\n\n(2)  Approval.  If HUD approves the application submitted under paragraph (a)(1) of this section, HUD will issue a certificate as evidence of the loan guarantee approved.\n\n(b)  Standard for approval.  HUD may approve a loan for guarantee under this part and issue a certificate under this section only if HUD determines that there is a reasonable prospect of repayment of the loan.\n\n(c)  Effect \u2014(1)  As evidence.  A certificate of guarantee issued under this part by HUD shall be conclusive and incontestable evidence in the hands of the bearer of the eligibility of the loan for guarantee under this part and the amount of that guarantee.\n\n(2)  Full faith and credit.  The full faith and credit of the United States is pledged to the payment of all amounts agreed to be paid by HUD as security for the obligations made by HUD under this section.\n\n(d)  Fraud and misrepresentation.  This section may not be construed:\n\n(1) To preclude HUD from establishing defenses against the original lender based on fraud or material misrepresentation; or\n\n(2) To bar HUD from establishing regulations that are (on the date of issuance or disbursement, whichever is earlier) partial defenses to the amount payable on the guarantee."], ["24:24:4.1.3.1.30.0.71.12", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.55 Guarantee fee.", "HUD", "", "", "", "The lender shall pay to HUD, at the time of issuance of the guarantee, a fee for the guarantee of loans under this part, in an amount equal to 1 percent of the principal obligation of the loan. This amount is payable by the borrower at closing."], ["24:24:4.1.3.1.30.0.71.13", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.60 Liability under guarantee.", "HUD", "", "", "", "The liability under a guarantee provided under this section shall decrease or increase on a pro rata basis according to any decrease or increase in the amount of the unpaid obligation under the provisions of the loan agreement involved."], ["24:24:4.1.3.1.30.0.71.14", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.65 Transfer and assumption.", "HUD", "", "", "", "Notwithstanding any other provision of law, any loan guaranteed under this section, including the security given for the loan, may be sold or assigned by the lender to any financial institution subject to examination and supervision by an agency of the Federal Government or of any State or the District of Columbia."], ["24:24:4.1.3.1.30.0.71.15", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.70 Disqualification of lenders and civil money penalties.", "HUD", "", "", "", "(a)  In general \u2014(1)  Grounds for action.  HUD may take action under paragraph (a)(2) of this section if HUD determines that any lender or holder of a guarantee certificate:\n\n(i) Has failed:\n\n(A) To maintain adequate accounting records;\n\n(B) To service adequately loans guaranteed under this section; or\n\n(C) To exercise proper credit or underwriting judgment; or\n\n(ii) Has engaged in practices otherwise detrimental to the interest of a borrower or the United States.\n\n(2)  Actions.  Upon a determination by HUD that any of the grounds for action in paragraph (a)(1)(i), of this section apply to the holder of a guarantee certificate, HUD may:\n\n(i) Refuse, either temporarily or permanently, to guarantee any further loans made by such lender or holder;\n\n(ii) Bar such lender or holder from acquiring additional loans guaranteed under this part; and\n\n(iii) Require that such lender or holder assume not less than 10 percent of any loss on further loans made or held by the lender or holder that are guaranteed under this part.\n\n(b)  Civil money penalties for intentional violations \u2014(1)  In general.  HUD may impose a civil monetary penalty on a lender or holder of a guarantee certificate if HUD determines that the holder or lender has intentionally failed:\n\n(i) To maintain adequate accounting records;\n\n(ii) To adequately service loans guaranteed under this section; or\n\n(iii) To exercise proper credit or underwriting judgment.\n\n(2)  Penalties.  A civil monetary penalty imposed under this section shall be imposed in the manner and be in an amount provided under section 536 of the National Housing Act (12 U.S.C.A. 1735f-1) with respect to mortgagees and lenders under that Act.\n\n(c)  Payment on loans made in good faith.  Notwithstanding paragraphs (a) and (b) of this section, if a loan was made in good faith, HUD may not refuse to pay a lender or holder of a valid guarantee on that loan, without regard to whether the lender or holder is barred under this section."], ["24:24:4.1.3.1.30.0.71.16", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.75 Payment under guarantee.", "HUD", "", "", "", "(a)  Lender options \u2014(1)  Notification.  If a borrower on a loan guaranteed under this part defaults on the loan, the holder of the guarantee certificate shall provide written notice of the default to HUD.\n\n(2)  Payment.  Upon providing the notice required under paragraph (a)(1), of this section, the holder of the guarantee certificate shall be entitled to payment under the guarantee (subject to the provisions of this section) and may proceed to obtain payment in one of the following manners:\n\n(i)  Foreclosure.  The holder of the certificate may initiate foreclosure proceedings (after providing written notice of that action to HUD). Upon a final order by the court authorizing foreclosure and submission to HUD of a claim for payment under the guarantee, HUD will pay to the holder of the certificate the pro rata portion of the amount guaranteed (as determined under \u00a7 1007.60) plus reasonable fees and expenses as approved by HUD. HUD's rights will be subrogated to the rights of the holder of the guarantee, who shall assign the obligation and security to HUD.\n\n(ii)  No foreclosure.  Without seeking foreclosure (or in any case in which a foreclosure proceeding initiated under paragraph (a)(2)(i) of this section continues for a period in excess of 1 year), the holder of the guarantee may submit to HUD a request to assign the obligation and security interest to HUD in return for payment of the claim under the guarantee. HUD may accept assignment of the loan if HUD determines that the assignment is in the best interest of the United States. Upon assignment, HUD will pay to the holder of the guarantee the pro rata portion of the amount guaranteed (as determined under \u00a7 1007.60). HUD's rights will be subrogated to the rights of the holder of the guarantee, who shall assign the obligation and security to HUD.\n\n(b)  Requirements.  Before any payment under a guarantee is made under paragraph (a) of this section, the holder of the guarantee shall exhaust all reasonable possibilities of collection. Upon payment, in whole or in part, to the holder, the note or judgment evidencing the debt shall be assigned to the United States and the holder shall have no further claim against the borrower or the United States. HUD will then take such action to collect as HUD determines to be appropriate."], ["24:24:4.1.3.1.30.0.71.17", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.80 Qualified mortgage.", "HUD", "", "", "[78 FR 75238, Dec. 11, 2013]", "A mortgage guaranteed under section 184A of the Housing and Community Development Act of 1992 (1715z-13b), except for mortgage transactions exempted under \u00a7 203.19(c)(2), is a safe harbor qualified mortgage that meets the ability-to-repay requirements in 15 U.S.C. 1639c(a)."], ["24:24:4.1.3.1.30.0.71.2", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.5 Definitions.", "HUD", "", "", "", "The following definitions apply in this part:\n\nDepartment of Hawaiian Home Lands (DHHL)  means the agency or department of the government of the State of Hawaii that is responsible for the administration of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108  et seq. ).\n\nEligible entity  means a Native Hawaiian family, the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, and private nonprofit or private for-profit organizations experienced in the planning and development of affordable housing for Native Hawaiians.\n\nFamily  means one or more persons maintaining a household, and includes, but is not limited to, a family with or without children, an elderly family, a near-elderly family, a disabled family, or a single person.\n\nGuarantee Fund  means the Native Hawaiian Housing Loan Guarantee Fund under this part.\n\nHawaiian Home Lands  means lands that:\n\n(1) Have the status of Hawaiian Home Lands under section 204 of the Hawaiian Homes Commission Act (42 Stat. 110); or\n\n(2) Are acquired pursuant to that Act.\n\nHUD  means the Department of Housing and Urban Development.\n\nNative Hawaiian  means any individual who is:\n\n(1) A citizen of the United States; and\n\n(2) A descendant of the aboriginal people, who, prior to 1778, occupied and exercised sovereignty in the area that currently constitutes the State of Hawaii, as evidenced by:\n\n(i) Genealogical records;\n\n(ii) Verification by kupuna (elders) or kama'aina (long-term community residents); or\n\n(iii) Birth records of the State of Hawaii.\n\nNative Hawaiian family  means a family with at least one member who is a Native Hawaiian.\n\nOffice of Hawaiian Affairs  means the entity of that name established under the constitution of the State of Hawaii."], ["24:24:4.1.3.1.30.0.71.3", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.10 Eligible borrowers.", "HUD", "", "", "", "A loan guaranteed under this part may only be made to the following borrowers:\n\n(a) A Native Hawaiian family;\n\n(b) The Department of Hawaiian Home Lands;\n\n(c) The Office of Hawaiian Affairs; or\n\n(d) A private, nonprofit organization experienced in the planning and development of affordable housing for Native Hawaiians."], ["24:24:4.1.3.1.30.0.71.4", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.15 Eligible uses.", "HUD", "", "", "", "(a)  In general.  A loan guaranteed under this part may only be used to construct, acquire, or rehabilitate eligible housing.\n\n(b)  Construction advances.  Advances made by the lender during construction are eligible if:\n\n(1) The mortgagor and the mortgagee execute a building loan agreement, approved by HUD, setting forth the terms and conditions under which advances will be made;\n\n(2) The advances are made only as provided in the building loan agreement;\n\n(3) The principal amount of the mortgage is held by the mortgagee in an interest bearing account, trust, or escrow for the benefit of the mortgagor, pending advancement to the mortgagor or to his or her creditors as provided in the loan agreement; and\n\n(4) The mortgage bears interest on the amount advanced to the mortgagor or to his or her creditors and on the amount held in an account or trust for the benefit of the mortgagor."], ["24:24:4.1.3.1.30.0.71.5", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.20 Eligible housing.", "HUD", "", "", "[67 FR 40776, June 13, 2002, as amended at 68 FR 66985, Nov. 28, 2003]", "(a) A loan guaranteed under this part may only be made for one to four-family dwellings that are standard housing, in accordance with paragraph (b), of this section. The housing must be located on Hawaiian Home Lands for which a housing plan that provides for the use of loan guarantees under this part has been submitted and approved under part 1006 of this chapter.\n\n(b) Standard housing must meet housing safety and quality standards that:\n\n(1) Provide sufficient flexibility to permit the use of various designs and materials; and\n\n(2) Require each dwelling unit to:\n\n(i) Be decent, safe, sanitary, and modest in size and design;\n\n(ii) Conform with applicable general construction standards for the region in which the housing is located;\n\n(iii) Contain a plumbing system that:\n\n(A) Uses a properly installed system of piping;\n\n(B) Includes a kitchen sink and a partitional bathroom with lavatory, toilet, and bath or shower; and\n\n(C) Uses water supply, plumbing, and sewage disposal systems that conform to any minimum standards established by the applicable county or State;\n\n(iv) Contain an electrical system using wiring and equipment properly installed to safely supply electrical energy for adequate lighting and for operation of appliances that conforms to any appropriate county, State, or national code;\n\n(v) Be not less than the size provided under the applicable locally adopted standards for size of dwelling units, except that HUD, upon request of the DHHL may waive the size requirements under this paragraph; and\n\n(vi) Conform with the energy performance requirements for new construction established by HUD under section 526(a) of the National Housing Act (12 U.S.C.A. 1735f-4), unless HUD determines that the requirements are not applicable.\n\n(c) The relevant requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, and R of this title and \u00a7\u00a7 200.805 and 200.810 of this title apply to housing eligible for a loan guaranteed under this part.\n\n(d) Housing that meets the minimum property standards for Section 247 mortgage insurance (12 U.S.C. 1715z-12) is deemed to meet the required housing safety and quality standards."], ["24:24:4.1.3.1.30.0.71.6", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.25 Eligible lenders.", "HUD", "", "", "", "(a)  In general.  To qualify for a guarantee under this part, a loan shall be made only by a lender meeting qualifications established in this part and approved by HUD, including any lender described in paragraph (b), of this section, except that a loan otherwise insured or guaranteed by an agency of the Federal Government or made by the DHHL from amounts borrowed from the United States shall not be eligible for a guarantee under this part.\n\n(b)  Approval.  The following lenders shall be considered to be lenders that have been approved by HUD:\n\n(1) Any mortgagee approved by HUD for participation in the single family mortgage insurance program under title II of the National Housing Act (12 U.S.C.A. 1707  et seq. );\n\n(2) Any lender that makes housing loans under chapter 37 of title 38, United States Code, that are automatically guaranteed under section 3702(d) of title 38, United States Code;\n\n(3) Any lender approved by the Secretary of Agriculture to make guaranteed loans for single family housing under the Housing Act of 1949 (42 U.S.C.A. 1441  et seq. );\n\n(4) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government; and\n\n(5) Any other lender approved by HUD under this part."], ["24:24:4.1.3.1.30.0.71.7", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.30 Security for loan.", "HUD", "", "", "[67 FR 40776, June 13, 2002, as amended at 68 FR 66985, Nov. 28, 2003]", "(a)  In general.  A loan guaranteed under section 184A of the Housing and Community Development Act of 1992 and this part may be secured by any collateral authorized under and not prohibited by Federal or State law and determined by the lender and approved by HUD to be sufficient to cover the amount of the loan. Eligible collateral may include, but is not limited to, the following:\n\n(1) The property and/or improvements to be acquired, constructed, or rehabilitated, to the extent that an interest in such property is not subject to any restrictions against alienation applicable to Hawaiian Home Lands;\n\n(2) A security interest in non-Hawaiian Home Lands property;\n\n(3) Personal property; or\n\n(4) Cash, notes, an interest in securities, royalties, annuities, or any other property that is transferable and whose present value may be determined.\n\n(b)  Hawaiian Home Lands property interest as collateral.  If a property interest in Hawaiian Home Lands is used as collateral or security for the loan, the following additional provisions apply:\n\n(1)  Approved Lease.  Any land lease for a unit financed under section 184A of the Housing and Community Development Act of 1992 must be on a form approved by both the DHHL and HUD.\n\n(2)  Assumption or sale of leasehold.  The lease form must contain a provision requiring the DHHL's consent before any assumption of an existing lease, except where title to the leasehold interest is obtained by HUD through foreclosure of the guaranteed mortgage or a deed in lieu of foreclosure. A mortgagee other than HUD must obtain the DHHL's consent before obtaining title through a foreclosure sale. The DHHL's consent must be obtained on any subsequent transfer from the purchaser, including HUD, at foreclosure sale. The lease may not be terminated by the lessor without HUD's approval while the mortgage is guaranteed or held by HUD.\n\n(3)  Liquidation.  The lender or HUD shall only pursue liquidation after offering to transfer the account to another eligible Native Hawaiian family or the DHHL. The lender or HUD shall not sell, transfer, or otherwise dispose of or alienate the property except to another eligible Native Hawaiian family or the DHHL.\n\n(4)  Eviction procedures.  Before HUD will guarantee a loan secured by a Hawaiian Home Lands property, the DHHL must notify HUD that it has adopted and will enforce procedures for eviction of defaulted mortgagors where the guaranteed loan has been foreclosed.\n\n(i)  Enforcement.  If HUD determines that the DHHL has failed to enforce adequately its eviction procedures, HUD will cease issuing guarantees for loans under this part except pursuant to existing commitments.\n\n(ii)  Review.  If HUD ceases issuing guarantees for the DHHL's failure to enforce its eviction procedures, HUD shall notify the DHHL of such action and that the DHHL may, within 30 days after notification of HUD's action, file a written appeal with the Deputy Assistant Secretary, Office of Native American Programs (ONAP). Upon notification of an adverse decision by the Deputy Assistant Secretary, the DHHL has 30 additional days to file an appeal with the Assistant Secretary for Public and Indian Housing. The determination of the Assistant Secretary shall be final, but the DHHL may resubmit the issue to the Assistant Secretary for review at any subsequent time if new evidence or changed circumstances warrant reconsideration."], ["24:24:4.1.3.1.30.0.71.8", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.35 Loan terms.", "HUD", "", "", "", "To be eligible for guarantee under this part, the loan shall:\n\n(a) Be made for a term not exceeding 30 years;\n\n(b) Bear interest (exclusive of the guarantee fee under \u00a7 1007.55 and service charges, if any) at a rate agreed upon by the borrower and the lender and determined by HUD to be reasonable, but not to exceed the rate generally charged in the area (as determined by HUD) for home mortgage loans not guaranteed or insured by any agency or instrumentality of the Federal Government;\n\n(c) Involve a principal obligation not exceeding:\n\n(1) 97.75 percent of the appraised value of the property as of the date the loan is accepted for guarantee (or 98.75 percent if the value of the property is $50,000 or less); or\n\n(2) The amount approved by HUD under this section; and\n\n(d) Involve a payment on account of the property:\n\n(1) In cash or its equivalent; or\n\n(2) Through the value of any improvements, appraised in accordance with generally accepted practices and procedures."], ["24:24:4.1.3.1.30.0.71.9", 24, "Housing and Urban Development", "IX", "", "1007", "PART 1007\u2014SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING", "", "", "", "\u00a7 1007.40 Environmental requirements.", "HUD", "", "", "", "Before HUD issues a commitment to guarantee any loan or (if no commitment is issued) before guarantee of any loan, there must be compliance with environmental review procedures to the extent applicable under part 50 of this title. If the loan involves proposed or new construction, HUD will require compliance with procedures similar to those required by \u00a7 203.12(b)(2) of this title for FHA mortgage insurance."], ["49:49:8.1.1.1.8.0.1.1", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.1 Purpose and scope.", "STB", "", "", "", "(a) This part contains the rules of the Surface Transportation Board implementing the Privacy Act of 1974 (5 U.S.C. 552a). These rules apply to all records maintained by this Board which are not excepted or exempted as provided for in \u00a7 1007.12, insofar as they contain personal information concerning an individual, identify that individual by name or other symbol and are contained in a system of records from which information is retrieved by the individual's name or identifying symbol. Among the primary purposes of these rules are to permit individuals to determine whether information about them is contained in Board files and, if so, to obtain access to that information; to establish procedures whereby individuals may have inaccurate and incomplete information corrected; and, to restrict access by unauthorized persons to that information.\n\n(b) In this part the Board is also exempting certain Board systems of records from some of the provisions of the Privacy Act of 1974 that would otherwise be applicable to those systems."], ["49:49:8.1.1.1.8.0.1.10", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.10 Information supplied by the Board when collecting information from an individual.", "STB", "", "", "", "The Board will inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual, of:\n\n(a) The authority which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;\n\n(b) The principal purpose or purposes for which the information is intended to be used;\n\n(c) The routine uses which may be made of the information, as published in the  Federal Register ; and,\n\n(d) The effects on the individual of not providing all or any part of the requested information."], ["49:49:8.1.1.1.8.0.1.11", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.11 Public notice of records systems.", "STB", "", "", "[41 FR 3087, Jan. 21, 1976, as amended at 64 FR 53266, Oct. 1, 1999]", "(a) The Board will publish in the  Federal Register,  at least annually, a notice of the existence and character of each of its system of records, which notice shall include:\n\n(1) The name and location of the system;\n\n(2) The categories of individuals on whom records are maintained in the system;\n\n(3) The categories of records maintained in the system;\n\n(4) Each routine use of the records contained in the system, including the categories of users and purpose of such use;\n\n(5) The policies and practices of the Board regarding storage, retrieval, access controls, retention, and disposal of the records;\n\n(6) The title and business address of the Board official who is responsible for the system of records;\n\n(7) The procedures whereby an individual can be notified at his or her request if the system of records contains a record pertaining to that individual;\n\n(8) The procedures whereby an individual can be notified at his or her request how he or she can gain access to any record pertaining to that individual contained in the system of records, and how the content of the record can be contested; and,\n\n(9) The categories of sources of records in the system.\n\n(b) Copies of the notices as printed in the  Federal Register  will be available in each office of the Board. Mail requests should be directed to the Privacy Officer, Surface Transportation Board, 1925 K Street, NW, Washington, DC 20423. The first copy will be provided free of charge; additional copies are subject to charge provided for in paragraph (e) of this \u00a7 1007.5."], ["49:49:8.1.1.1.8.0.1.12", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.12 Exemptions.", "STB", "", "", "[41 FR 3087, Jan. 21, 1976, as amended at 58 FR 15291, Mar. 22, 1993; 58 FR 28520, May 14, 1993]", "(a) Investigatory materials compiled for law enforcement purposes are exempt from portions of the Privacy Act of 1974 and of these rules on the basis and to the extent that individual access to these files could impair the effectiveness and orderly conduct of the Board's enforcement program.  Provided, however,  That if any individual is denied any right, privilege, or benefit to which he or she would otherwise be entitled by Federal law, or for which he or she would otherwise be eligible, as a result of the maintenance of such material, such materials shall be provided to the individual; except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\n(b) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for employment with or contracts with the Board are exempt from portions of the Privacy Act of 1974 and of these rules to the extent that it identifies a confidential source. This is done in order to encourage persons from whom information is sought to provide information to the Board which, absent assurances of confidentiality, they might otherwise be unwilling to give. However, if practicable, material identifying a confidential source shall be extracted or summarized in a manner which protects the source, and the summary or extract shall be provided to the requesting individual.\n\n(c) Complaints and investigatory materials compiled by the Board's Office of Inspector General are exempt from the provisions of 5 U.S.C. 552a and the regulations in this part, pursuant to 5 U.S.C. 552a(j)(2), except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11) and (i) to the extent that the system of records pertains to the enforcement of criminal laws. Complaint and investigatory materials compiled by the Board's Office of Inspector General for law enforcement purposes also are exempt from the provisions of 5 U.S.C. 552a and the regulations of this part, pursuant to 5 U.S.C. 552a(k)(2)."], ["49:49:8.1.1.1.8.0.1.2", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.2 Definitions.", "STB", "", "", "", "As used in this part:\n\nBoard  means the Surface Transportation Board.\n\nChairman  means the Presidentially appointed Board Member who is the administrative head of the Surface Transportation Board.\n\nPrivacy Officer  refers to the individual designated to process requests and handle various other matters relating to the Board's implementation of the Privacy Act of 1974.\n\nIndividual  means a citizen of the United States or an alien lawfully admitted for permanent residence.\n\nMaintain  means the maintenance, collection, use, or dissemination (of records).\n\nRecord  means any item, collection or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.\n\nStatistical Record  means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of Title 13 of the United States Code.\n\nSystem of records  means a group of any records under the control of the Board retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.\n\nRoutine use  means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose of which the record was compiled.\n\nAgency  means any executive department, military department, Government corporation, Government-controlled corporation or other establishment in the Executive Branch of the Government or any independent regulatory agency."], ["49:49:8.1.1.1.8.0.1.3", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.3 Requests by an individual for information or access.", "STB", "", "", "[41 FR 3087, Jan. 21, 1976, as amended at 64 FR 53266, Oct. 1, 1999; 74 FR 52903, Oct. 15, 2009]", "(a) Any individual may request information on whether a system of records maintained by the Board contains any information pertaining to him or her, or may request access to his or her record or to any information pertaining to him or her which is contained in a system of records. All requests shall be directed to the Privacy Officer, Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.\n\n(b) A request for information or for access to records under this part may be made by mail or in person. The request shall:\n\n(1) Be in writing and signed by the individual making the request; and,\n\n(2) Include the full name of the individual seeking the information or record, along with his or her home and business addresses and telephone numbers.\n\n(c) For each system of records from which information is sought, the request shall:\n\n(1) Specify the title and identifying number as it appears in the system notice published by the Board;\n\n(2) Provide such additional identifying information, if any, as may be required by the system notice;\n\n(3) Describe the specific information or kind of information sought within that system of records; and,\n\n(4) Set forth any unusual arrangements sought concerning the time, place, or form of access.\n\n(d) The Board will respond in writing to a request made under this section within ten days (excluding Saturdays, Sundays and legal public holidays) after receipt of the request. If a definitive reply cannot be given within ten days, the request will be acknowledged and an explanation will be given of the status of the request.\n\n(e) The individual either will be notified in writing of where and when he or she may obtain access to the records requested or will be given the name, address and telephone number of the member of the Board staff with whom he or she should communicate to make further arrangements for access."], ["49:49:8.1.1.1.8.0.1.4", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.4 Procedures for identifying the individual making the request.", "STB", "", "", "", "When a request for information or for access to records has been made pursuant to \u00a7 1007.3, before information is given or access is granted pursuant to \u00a7 1007.5 of these rules, the Board shall require reasonable identification of the person making the request to insure that information is given and records are disclosed only to the proper person.\n\n(a) An individual may establish his identity by:\n\n(1) Submitting with his written request for information or for access to photocopy, two pieces of identification bearing his or her name and signature, one of which shall bear his or her current home or business address; or\n\n(2) Appearing at any office of the Board during the regular working hours for that office and presenting either:\n\n(i) One piece of identification containing a photograph and signature, such as a driver's license or passport, or, in the case of a Board employee, his or her STB identification card; or\n\n(ii) Two pieces of identification bearing the individual's name and signature, one of which shows the individual's current home or business address; and\n\n(3) Providing such other proof of identity as the Board deems satisfactory in the circumstances of a particular request.\n\n(b) Nothing in this section shall preclude the Board from requiring additional identification before granting access to the records if there is reason to believe that the person making the request may not be the individual to whom the record pertains, or where the sensitivity of the data may warrant.\n\n(c) The requirements of this subsection shall not apply if the records involved would be available to any person under the Freedom of Information Act."], ["49:49:8.1.1.1.8.0.1.5", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.5 Disclosure of requested information to individuals; fees for copies of records.", "STB", "", "", "[41 FR 3087, Jan. 21, 1976, as amended at 53 FR 46483, Dec. 8, 1987; 91 FR 4851, Feb. 3, 2026]", "(a) Any individual who has requested access to his or her record or to any information pertaining to that individual in the manner prescribed in \u00a7 1007.3 and has identified himself or herself as prescribed in \u00a7 1007.4 shall be permitted to review the record and have a copy made of all or any portion thereof in a form comprehensible to the individual, subject to fees for copying services set forth in paragraph (f) of this section. Upon request, persons of the individual's own choosing may accompany the individual, provided that the individual has furnished a written statement authorizing discussion of his or her record in the accompanying person's presence.\n\n(b) Access will generally be granted in the office of the Board where the records are maintained during normal business hours, but for good cause shown the Board may grant access at another office of the Board or at different times for the convenience of the individual making the request. When a request for access is from a Board employee, this request may be granted by forwarding the information desired through registered mail, return receipt requested.\n\n(c) Where a document containing information about an individual also contains information not pertaining to him or her, the portion not pertaining to the individual shall not be disclosed except to the extent the information is available to any person under the Freedom of Information Act. If the records sought cannot be provided for review and copying in a meaningful form, the Board shall provide to the individual a summary of the information concerning the individual contained in the record or records which shall be complete and accurate in all material aspects.\n\n(d) Where the disclosure involves medical records, the Privacy Officer may determine that such information will be provided only to a physician designated by the individual.\n\n(e) Requests for copies of documents may be directed to the Privacy Officer or to the member of the Board's staff through whom arrangements for access were made.\n\n(f) Fees for copies of records shall be charged at the rate set forth in 49 CFR 1002.1(d). Fees for requests requiring the use of a computer shall be charged at the actual cost for machine time. Payment must be made via the Board's electronic payment system found on the Board's website. When it is determined to be in the best interest of the public, the Privacy Officer may waive the fee provision.\n\n(g) Nothing in this subsection or in \u00a7 1007.3 shall:\n\n(1) Require the disclosure of records exempted under \u00a7 1007.12 of these rules, including the exemption relating to investigative records;\n\n(2) Allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding or a criminal proceeding; or,\n\n(3) Require the furnishing of information or records which in the regular course of business cannot be retrieved by the name or other identifier of the individual making the request."], ["49:49:8.1.1.1.8.0.1.6", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.6 Disclosure to third parties.", "STB", "", "", "[41 FR 3087, Jan. 21, 1976, as amended at 64 FR 53266, Oct. 1, 1999; 74 FR 52903, Oct. 15, 2009; 81 FR 8850, Feb. 23, 2016]", "(a) The Board shall not disclose to any agency or to any person by any means of communication a record pertaining to an individual which is contained in a system of records, except under the following circumstances:\n\n(1) The individual to whom the record pertains has given his written consent to the disclosure;\n\n(2) The disclosure is to officers and employees of the Board who need it in the performance of their duties;\n\n(3) Disclosure is required under the Freedom of Information Act (5 U.S.C. 552).\n\n(4) Disclosure is for a routine use as defined in \u00a7 1007.2 of these rules and described in the system notice for that system of records;\n\n(5) The disclosure is made to the Bureau of the Census for the purposes of planning or carrying out a census or survey or related activity;\n\n(6) The disclosure is made to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;\n\n(7) The disclosure is made to another agency or to an instrumentality of any Governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law and if the head of the agency or instrumentality has made a written request to the Board specifying the particular portion desired and the law enforcement activity for which the record is sought;\n\n(8) The disclosure is made to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or his designee to determine whether the record has such value.\n\n(9) The disclosure is made to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;\n\n(10) The disclosure is made to either House of Congress, or, to the extent of matter(s) within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;\n\n(11) The disclosure is made to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office; or,\n\n(12) Pursuant to the order of a court of competent jurisdiction.\n\n(b) The Board, with respect to each system of records under its control, shall keep for at least five years an accurate accounting of certain disclosures:\n\n(1) A record shall be kept of all disclosures made under paragraph (a) of this section, except disclosures made with the consent of the individual to whom the record pertains (paragraph (a)(1) of this section), disclosures to authorized employees (paragraph (a)(2) of this section), and disclosures required under the Freedom of Information Act (paragraph (a)(3) of this section).\n\n(2) The record shall include:\n\n(i) The date, nature, and purpose of each disclosure of a record made to any person or to another agency;\n\n(ii) The name and address of the person or agency to whom the disclosure was made.\n\n(c) The accounting described in paragraph (b) of this section will be made available to the individual named in the record upon his written request, directed to the Privacy Officer, Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, except that the accounting will not be revealed with respect to disclosures made under paragraph (a)(7) of this section 1107.6 pertaining to law enforcement activity, and will not be maintained as to disclosures involving systems of records exempted under section 1007.12.\n\n(d) Whenever an amendment or correction of a record or a notation of dispute concerning the accuracy of records is made by the Board in accordance with \u00a7\u00a7 1007.8 and 1007.9, the Board will inform any person or other agency to whom the record was previously disclosed, if an accounting of the disclosure was made pursuant to the requirements of paragraph (b) of this section."], ["49:49:8.1.1.1.8.0.1.7", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.7 Content of systems of records.", "STB", "", "", "", "(a) The Board will maintain in its records only such information about an individual as is relevant and necessary to accomplish the purposes of the Interstate Commerce Act and other purposes required to be accomplished by statute or by Executive Order of the President.\n\n(b) The Board will maintain no record describing how any individual exercises rights guaranteed by the First Amendment of the United States Constitution unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity.\n\n(c) The Board will collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs.\n\n(d) The Board will maintain all records which are used by the Board in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination."], ["49:49:8.1.1.1.8.0.1.8", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.8 Amendment of a record.", "STB", "", "", "[41 FR 3087, Jan. 21, 1976, as amended at 64 FR 53266, Oct. 1, 1999]", "(a) Any individual may request amendment of information pertaining to him which is contained in a system of records maintained by the Board and which is filed under his name or other individual identifier if he believes the information is not accurate, relevant, timely or complete. A request for amendment shall be directed to the Privacy Officer.\n\n(b) A request for amendment may be made by mail or in person and shall: (1) Be in writing and signed by the person making the request; (2) describe the particular record to be amended with sufficient specificity to permit the record to be located among those maintained by the Board; and (3) specify the nature of the amendment sought and the justification for the requested change. The person making the request may be required to provide the information specified in \u00a7\u00a7 1007.3 and 1007.4 in order to simplify identification of the record and permit verification of the identity of the person making the request for amendment.\n\n(c) Receipt of a request for amendment will be acknowledged in writing within ten days (excluding Saturdays, Sundays and legal public holidays); except that if the individual is given notice within the ten-day period that his or her request will or will not be complied with, no acknowledgment is required.\n\n(d) Assistance in preparing a request to amend a record may be obtained from the Privacy Officer, Surface Transportation Board, 1925 K Street, NW, Washington, DC 20423.\n\n(e) Upon receipt of a request for amendment the Privacy Officer or a person designated by him shall promptly determine whether the record is materially inaccurate, incomplete, misleading, or is irrelevant or not timely, as claimed by the individual, and, if so, shall cause the record to be amended in accordance with the individual's request.\n\n(f) If the Privacy Officer or designee grants the request to amend the record, the individual shall promptly be advised of the decision and of the action taken, and notice shall be given of the correction and its substance to each person or agency to whom the record had previously been disclosed, as shown on the record of disclosures maintained in accordance with \u00a7 1007.6(b).\n\n(g) If the Privacy Officer or designee disagrees in whole or in part with a request for amendment of a record, the individual shall promptly be notified of the complete or partial denial of his request and the reasons for the refusal. The individual shall also be notified of the procedures for administrative review by the Chairman of any complete or partial denial of a request for amendment, which are set forth in \u00a7 1007.9.\n\n(h) If a request is received for amendment of a record prepared by another agency which is in the possession or control of the Board, the request for amendment will be forwarded to that agency. If that agency determines that the correction should be made, the Board will amend its records accordingly and notify the individual making the request for amendment of the change. If the other agency declines to make the amendment, the Privacy Officer or designee will independently determine whether the amendment will be made to the record in the Board's possession or control, considering any explanation given by the other agency for its decision."], ["49:49:8.1.1.1.8.0.1.9", 49, "Transportation", "X", "A", "1007", "PART 1007\u2014RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS", "", "", "", "\u00a7 1007.9 Appeals to the Chairman.", "STB", "", "", "", "(a) Any individual may petition the Chairman:\n\n(1) To review a refusal to comply with an individual request for access to records pursuant to the Privacy Act (5 U.S.C. 552a(d)(1)), and \u00a7\u00a7 1007.3 and 1007.5 in this part;\n\n(2) To review denial of a request for amendment made pursuant to \u00a7 1007.8;\n\n(3) To correct any determination that may have been made adverse to the individual based in whole or in part upon inaccurate, irrelevant, untimely or incomplete information; and,\n\n(4) To correct a failure to comply with any other provision of the Privacy Act and the rules of this part 1007, which has had an adverse effect on the individual.\n\n(b) The petition to the Chairman shall be in writing and shall: (1) State in what manner it is claimed the Board or any Board employee has failed or refused to comply with provisions of the Privacy Act or of the rules contained in this part 1007, and (2) set forth the corrective action the petitioner wishes the Board to take. The petitioner may, if he or she wishes, state such facts and cite such legal or other authorities as are considered appropriate.\n\n(c) The Chairman will make a determination of any petition filed pursuant to this subsection within thirty days (excluding Saturdays, Sundays and legal public holidays) after receipt of the petition, unless for good cause shown, the Chairman extends the 30-day period. If a petition is denied, the petitioner will be notified in writing of the reasons for such denial, and the provisions for judicial review of that determination which are set forth in section 552a(g) (1)(A) and (2)(A), of Title 5 of the United States Code and the provisions for disputed records set forth in paragraph (d) of this section.\n\n(d) If, after review, the Chairman declines to amend the records as the individual has requested, the individual may file with the Privacy Officer a concise statement setting forth why he or she disagrees with the Chairman's denial of the request. Any subsequent disclosure containing information about which a statement of disagreement has been filed shall clearly note the portion which is disputed and include a copy of a concise statement explaining its reasons for not making the amendments requested. Prior recipients of the disputed record will be provided a copy of any statement of dispute to the extent that an accounting of disclosures was maintained."], ["7:7:9.1.1.1.6.1.62.1", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.1 General provisions.", "AMS", "", "", "", "The terms, definitions, and provisions in part 1000 of this chapter apply to this part 1007. In this part 1007, all references to sections in part 1000 refer to part 1000 of this chapter."], ["7:7:9.1.1.1.6.1.63.10", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.10 Producer-handler.", "AMS", "", "", "[64 FR 47971, Sept. 1, 1999, as amended at 71 FR 25499, May 1, 2006; 75 FR 21160, Apr. 23, 2010]", "Producer-handler  means a person who:\n\n(a) Operates a dairy farm and a distributing plant from which there is route disposition in the marketing area, and from which total route disposition and packaged sales of fluid milk products to other plants during the month does not exceed 3 million pounds;\n\n(b) Receives no fluid milk products, and acquires no fluid milk products for route disposition, from sources other than own farm production;\n\n(c) Disposes of no other source milk as Class I milk except by increasing the nonfat milk solids content of the fluid milk products received from own farm production; and\n\n(d) Provides proof satisfactory to the market administrator that the care and management of the dairy animals and other resources necessary to produce all Class I milk handled, and the processing and packaging operations, are the producer-handler's own enterprise and are operated at the producer-handler's own risk.\n\n(e) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in \u00a7 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to \u00a7 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in \u00a7 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in \u00a7 1131.7 of this chapter or \u00a7 1000.76(a)."], ["7:7:9.1.1.1.6.1.63.11", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.11 [Reserved]", "AMS", "", "", "", ""], ["7:7:9.1.1.1.6.1.63.12", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.12 Producer.", "AMS", "", "", "", "(a) Except as provided in paragraph (b) of this section,  producer  means any person who produces milk approved by a duly constituted regulatory agency for fluid consumption as Grade A milk and whose milk (or components of milk) is:\n\n(1) Received at a pool plant directly from the producer or diverted by the plant operator in accordance with \u00a7 1007.13; or\n\n(2) Received by a handler described in \u00a7 1000.9(c).\n\n(b) Producer shall not include:\n\n(1) A producer-handler as defined in any Federal order;\n\n(2) A dairy farmer whose milk is received at an exempt plant, excluding producer milk diverted to the exempt plant pursuant to \u00a7 1007.13(d);\n\n(3) A dairy farmer whose milk is received by diversion at a pool plant from a handler regulated under another Federal order if the other Federal order designates the dairy farmer as a producer under that order and that milk is allocated by request to a utilization other than Class I; and\n\n(4) A dairy farmer whose milk is reported as diverted to a plant fully regulated under another Federal order with respect to that portion of the milk so diverted that is assigned to Class I under the provisions of such other order."], ["7:7:9.1.1.1.6.1.63.13", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.13 Producer milk.", "AMS", "", "", "[64 FR 47971, Sept. 1, 1999, as amended at 70 FR 59223, Oct. 12, 2005; 71 FR 62379, Oct. 25, 2006; 73 FR 14162, Mar. 17, 2008; 73 FR 26315, May 9, 2008; 79 FR 25005, May 2, 2014; 79 FR 26591, May 9, 2014]", "Except as provided for in paragraph (e) of this section,  Producer milk  means the skim milk (or the skim equivalent of components of skim milk) and butterfat contained in milk of a producer that is:\n\n(a) Received by the operator of a pool plant directly from a producer or a handler described in \u00a7 1000.9(c). All milk received pursuant to this paragraph shall be priced at the location of the plant where it is first physically received;\n\n(b) Received by a handler described in \u00a7 1000.9(c) in excess of the quantity delivered to pool plants;\n\n(c) Diverted by a pool plant operator to another pool plant. Milk so diverted shall be priced at the location of the plant to which diverted; or\n\n(d) Diverted by the operator of a pool plant or a handler described in \u00a7 1000.9(c) to a nonpool plant, subject to the following conditions:\n\n(1) In any month of January through June, not less than 1 days' production of the producer whose milk is diverted is physically received at a pool plant during the month;\n\n(2) In any month of July through December, not less than 1 days' production of the producer whose milk is diverted is physically received at a pool plant during the month;\n\n(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 \u00a7 1005.82(c)(2)(ii) and (iii), and for which a transportation credit is requested;\n\n(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 \u00a7 1005.7(e)) during the month, excluding the quantity of producer milk received from a handler described in \u00a7 1000.9(c) of this chapter and excluding the total pounds of bulk milk received directly from producers meeting the conditions as described in \u00a7 1005.82(c)(2)(ii) and (iii), and for which a transportation credit is requested;\n\n(5) Any milk diverted in excess of the limits prescribed in paragraphs (d)(3) and (4) of this section shall not be producer milk. If the diverting handler or cooperative association fails to designate the dairy farmers' deliveries that will not be producer milk, no milk diverted by the handler or cooperative association shall be producer milk;\n\n(6) Diverted milk shall be priced at the location of the plant to which diverted; and\n\n(7) The delivery day requirements and the diversion percentages in paragraphs (d)(1) through (4) of this section may be increased or decreased by the market administrator if the market administrator finds that such revision is necessary to assure orderly marketing and efficient handling of milk in the marketing area. Before making such a finding, the market administrator shall investigate the need for the revision either on the market administrator's own initiative or at the request of interested persons. If the investigation shows that a revision might be appropriate, the market administrator shall issue a notice stating that the revision is being considered and inviting written data, views, and arguments. Any decision to revise an applicable percentage must be issued in writing at least one day before the effective date.\n\n(e) Producer milk shall not include milk of a producer that is subject to inclusion and participation in a marketwide equalization pool under a milk classification and pricing program imposed under the authority of a State government maintaining marketwide pooling of returns."], ["7:7:9.1.1.1.6.1.63.14", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.14 Other source milk.", "AMS", "", "", "", "See \u00a7 1000.14."], ["7:7:9.1.1.1.6.1.63.15", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.15 Fluid milk product.", "AMS", "", "", "", "See \u00a7 1000.15."], ["7:7:9.1.1.1.6.1.63.16", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.16 Fluid cream product.", "AMS", "", "", "", "See \u00a7 1000.16."], ["7:7:9.1.1.1.6.1.63.17", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.17 [Reserved]", "AMS", "", "", "", ""], ["7:7:9.1.1.1.6.1.63.18", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.18 Cooperative association.", "AMS", "", "", "", "See \u00a7 1000.18."], ["7:7:9.1.1.1.6.1.63.19", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.19 Commercial food processing establishment.", "AMS", "", "", "", "See \u00a7 1000.19."], ["7:7:9.1.1.1.6.1.63.2", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.2 Southeast marketing area.", "AMS", "", "", "", "The marketing area means all territory within the bounds of the following states and political subdivisions, including all piers, docks and wharves connected therewith and all craft moored thereat, and all territory occupied by government (municipal, State or Federal) reservations, installations, institutions, or other similar establishments if any part thereof is within any of the listed states or political subdivisions:\n\nAlabama, Arkansas, Louisiana, and Mississippi\n \n All of the States of Alabama, Arkansas, Louisiana, and Mississippi.\n \n Florida Counties\n \n Escambia, Okaloosa, Santa Rosa, and Walton.\n \n Georgia Counties\n \n All of the State of Georgia except for the counties of Catoosa, Chattooga, Dade, Fannin, Murray, Walker, and Whitfield.\n \n Kentucky Counties\n \n Allen, Ballard, Barren, Caldwell, Calloway, Carlisle, Christian, Crittenden, Fulton, Graves, Hickman, Livingston, Logan, Lyon, Marshall,McCracken, Metcalfe, Monroe, Simpson, Todd, Trigg, and Warren.\n \n Missouri Counties\n \n Barry, Barton, Bollinger, Butler, Cape Girardeau, Carter, Cedar, Christian, Crawford, Dade, Dallas, Dent, Douglas, Dunklin, Greene, Howell, Iron, Jasper, Laclede, Lawrence, Madison, McDonald, Mississippi, New Madrid, Newton, Oregon, Ozark, Pemiscot, Perry, Polk, Reynolds, Ripley, Scott, Shannon, St. Francois, Stoddard, Stone, Taney, Texas, Vernon, Washington, Wayne, Webster, and Wright.\n \n Tennessee Counties\n \n All of the State of Tennessee except for the counties of Anderson, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, and Washington.\n\nAll of the States of Alabama, Arkansas, Louisiana, and Mississippi.\n\nEscambia, Okaloosa, Santa Rosa, and Walton.\n\nAll of the State of Georgia except for the counties of Catoosa, Chattooga, Dade, Fannin, Murray, Walker, and Whitfield.\n\nAllen, Ballard, Barren, Caldwell, Calloway, Carlisle, Christian, Crittenden, Fulton, Graves, Hickman, Livingston, Logan, Lyon, Marshall,McCracken, Metcalfe, Monroe, Simpson, Todd, Trigg, and Warren.\n\nBarry, Barton, Bollinger, Butler, Cape Girardeau, Carter, Cedar, Christian, Crawford, Dade, Dallas, Dent, Douglas, Dunklin, Greene, Howell, Iron, Jasper, Laclede, Lawrence, Madison, McDonald, Mississippi, New Madrid, Newton, Oregon, Ozark, Pemiscot, Perry, Polk, Reynolds, Ripley, Scott, Shannon, St. Francois, Stoddard, Stone, Taney, Texas, Vernon, Washington, Wayne, Webster, and Wright.\n\nAll of the State of Tennessee except for the counties of Anderson, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, and Washington."], ["7:7:9.1.1.1.6.1.63.3", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.3 Route disposition.", "AMS", "", "", "", "See \u00a7 1000.3."], ["7:7:9.1.1.1.6.1.63.4", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.4 Plant.", "AMS", "", "", "", "See \u00a7 1000.4."], ["7:7:9.1.1.1.6.1.63.5", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.5 Distributing plant.", "AMS", "", "", "", "See \u00a7 1000.5."], ["7:7:9.1.1.1.6.1.63.6", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.6 Supply plant.", "AMS", "", "", "", "See \u00a7 1000.6."], ["7:7:9.1.1.1.6.1.63.7", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.7 Pool plant.", "AMS", "", "", "[64 FR 47971, Sept. 1, 1999, as amended at 71 FR 25498, May 1, 2006; 71 FR 28249, May 16, 2006]", "Pool plant  means a plant specified in paragraphs (a) through (d) of this section, a unit of plants as specified in paragraph (e) of this section, or a plant specified in paragraph (h) of this section, but excluding a plant specified in paragraph (g) of this section. The pooling standards described in paragraphs (c) and (d) of this section are subject to modification pursuant to paragraph (f) of this section:\n\n(a) A distributing plant, other than a plant qualified as a pool plant pursuant to paragraph (b) of this section or \u00a7 ____.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. At least 25 percent of such route disposition and transfers must be to outlets in the marketing area.\n\n(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.\n\n(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 \u00a7 1000.9(c), including milk that is diverted from the plant, is transferred to pool distributing plants. Concentrated milk transferred from the supply plant to a distributing plant for an agreed-upon use other than Class I shall be excluded from the supply plant's shipments in computing the plant's shipping percentage.\n\n(d) A plant located within the marketing area that is operated by a cooperative association if pool plant status under this paragraph is requested for such plant by the cooperative association and during the month at least 60 percent of the producer milk of members of such cooperative association is delivered directly from farms to pool distributing plants or is transferred to such plants as a fluid milk product (excluding concentrated milk transferred to a distributing plant for an agreed-upon use other than Class I) from the cooperative's plant.\n\n(e) Two or more plants operated by the same handler and located within the marketing area may qualify for pool status as a unit by meeting the total and in-area route disposition requirements specified in paragraph (a) of this section and the following additional requirements:\n\n(1) At least one of the plants in the unit must qualify as a pool plant pursuant to paragraph (a) of this section;\n\n(2) Other plants in the unit must process only Class I or Class II products and must be located in a pricing zone providing the same or a lower Class I price than the price applicable at the distributing plant included in the unit pursuant to paragraph (e)(1) of this section; and\n\n(3) A written request to form a unit, or to add or remove plants from a unit, must be filed with the market administrator prior to the first day of the month for which it is to be effective.\n\n(f) The applicable shipping percentages of paragraphs (c) and (d) of this section may be increased or decreased by the market administrator if the market administrator finds that such adjustment is necessary to encourage needed shipments or to prevent uneconomic shipments. Before making such a finding, the market administrator shall investigate the need for adjustment either on the market administrator's own initiative or at the request of interested parties if the request is made in writing at least 15 days prior to the date for which the requested revision is desired effective. If the investigation shows that an adjustment of the shipping percentages might be appropriate, the market administrator shall issue a notice stating that an adjustment is being considered and invite data, views and arguments. Any decision to revise an applicable shipping percentage must be issued in writing at least one day before the effective date.\n\n(g) The term pool plant shall not apply to the following plants:\n\n(1) A producer-handler plant;\n\n(2) An exempt plant as defined in \u00a7 1000.8(e);\n\n(3) A plant qualified pursuant to paragraph (a) of this section which is not located within any Federal order marketing area, meets the pooling requirements of another Federal order, and has had greater route disposition in such other Federal order marketing area for 3 consecutive months;\n\n(4) A plant qualified pursuant to paragraph (a) of this section which is located in another Federal order marketing area, meets the pooling standards of the other Federal order, and has not had a majority of its route disposition in this marketing area for 3 consecutive months or is locked into pool status under such other Federal order without regard to its route disposition in any other Federal order marketing area; and\n\n(5) A plant qualified pursuant to paragraph (c) of this section which also meets the pooling requirements of another Federal order and from which greater qualifying shipments are made to plants regulated under such other order than are made to plants regulated under the order in this part, or such plant has automatic pooling status under such other order.\n\n(h) Any distributing plant, located within the marketing area as described on May 1, 2006, in \u00a7 1007.2;\n\n(1) From which there is route disposition and/or transfers of packaged fluid milk products in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk provided that 25 percent or more of the total quantity of fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition and/or is transferred in the form of packaged fluid milk products to other plants. At least 25 percent of such route disposition and/or transfers, in aggregate, are in any non-Federally regulated marketing area(s) located within one or more States that require handlers to pay minimum prices for raw milk. Subject to the following exclusions:\n\n(i) The plant is described in \u00a7 1007.7(a), (b), or (e);\n\n(ii) The plant is subject to the pricing provisions of a State-operated milk pricing plan which provides for the payment of minimum class prices for raw milk;\n\n(iii) The plant is described in \u00a7 1000.8(a) or (e); or\n\n(iv) A producer-handler described in \u00a7 1007.10 with less than three million pounds during the month of route disposition and/or transfers of packaged fluid milk products to other plants."], ["7:7:9.1.1.1.6.1.63.8", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.8 Nonpool plant.", "AMS", "", "", "", "See \u00a7 1000.8."], ["7:7:9.1.1.1.6.1.63.9", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.9 Handler.", "AMS", "", "", "", "See \u00a7 1000.9."], ["7:7:9.1.1.1.6.1.64.20", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.30 Reports of receipts and utilization.", "AMS", "", "", "[64 FR 47971, Sept. 1, 1999, as amended at 89 FR 6408, Feb. 1, 2024]", "Each handler shall report monthly so that the market administrator's office receives the report on or before the 7th day after the end of the month, in the detail and on prescribed forms, as follows:\n\n(a) With respect to each of its pool plants, the quantities of skim milk and butterfat contained in or represented by:\n\n(1) Receipts of producer milk, including producer milk diverted by the reporting handler, from sources other than handlers described in \u00a7 1000.9(c);\n\n(2) Receipts of milk from handlers described in \u00a7 1000.9(c);\n\n(3) Receipts of fluid milk products and bulk fluid cream products from other pool plants;\n\n(4) Receipts of other source milk;\n\n(5) Receipts of producer milk described in \u00a7 1007.84(e), including the identity of the individual producers whose milk is eligible for the distributing plant delivery credit pursuant to that paragraph and the date that such milk was received;\n\n(6) For handlers submitting distributing plant delivery credit requests, transfers of bulk unconcentrated milk to nonpool plants, including the dates that such milk was transferred;\n\n(7) Receipts of bulk milk from a plant regulated under another Federal order, except Federal Order 1005, for which a transportation credit is requested pursuant to \u00a7 1007.82;\n\n(8) Receipts of producer milk described in \u00a7 1007.82(c)(2), including the identity of the individual producers whose milk is eligible for the transportation credit pursuant to that paragraph and the date that such milk was received;\n\n(9) For handlers submitting transportation credit requests, transfers of bulk milk to nonpool plants, including the dates that such milk was transferred;\n\n(10) Inventories at the beginning and end of the month of fluid milk products and bulk fluid cream products; and\n\n(11) The utilization or disposition of all milk and milk products required to be reported pursuant to this paragraph.\n\n(b) Each handler operating a partially regulated distributing plant shall report with respect to such plant in the same manner as prescribed for reports required by paragraphs (a)(1), (a)(2), (a)(3), (a)(4), and (a)(8) of this section. Receipts of milk that would have been producer milk if the plant had been fully regulated shall be reported in lieu of producer milk. The report shall show also the quantity of any reconstituted skim milk in route disposition in the marketing area.\n\n(c) Each handler described in \u00a7 1000.9(c) shall report:\n\n(1) The quantities of all skim milk and butterfat contained in receipts of milk from producers;\n\n(2) The utilization or disposition of all such receipts; and\n\n(3) With respect to milk for which a cooperative association is requesting a distributing plant delivery credit pursuant to \u00a7 1007.84, all of the information required in paragraphs (a)(5) and (6) of this section.\n\n(4) With respect to milk for which a cooperative association is requesting a transportation credit pursuant to \u00a7 1007.82, all of the information required in paragraphs (a)(7) through (9) of this section.\n\n(d) Each handler not specified in paragraphs (a) through (c) of this section shall report with respect to its receipts and utilization of milk and milk products in such manner as the market administrator may prescribe."], ["7:7:9.1.1.1.6.1.64.21", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.31 Payroll reports.", "AMS", "", "", "", "(a) On or before the 20th day after the end of each month, each handler that operates a pool plant pursuant to \u00a7 1007.7 and each handler described in \u00a7 1000.9(c) shall report to the market administrator its producer payroll for the month, in detail prescribed by the market administrator, showing for each producer the information specified in \u00a7 1007.73(e).\n\n(b) Each handler operating a partially regulated distributing plant who elects to make payment pursuant to \u00a7 1000.76(b) shall report for each dairy farmer who would have been a producer if the plant had been fully regulated in the same manner as prescribed for reports required by paragraph (a) of this section."], ["7:7:9.1.1.1.6.1.64.22", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.32 Other reports.", "AMS", "", "", "[64 FR 47971, Sept. 1, 1999, as amended at 89 FR 6408, Feb. 1, 2024]", "(a) On or before the 20th day after the end of each month, each handler described in \u00a7 1000.9(a) and (c) of this chapter shall report to the market administrator any adjustments to distributing plant delivery credit requests as reported pursuant to \u00a7 1007.30(a)(5) and (6) and any adjustments to transportation credit requests as reported pursuant to \u00a7 1007.30(a)(7) through (9) of this part.\n\n(b) In addition to the reports required pursuant to \u00a7\u00a7 1007.30, 31, and 32(a), each handler shall report any information the market administrator deems necessary to verify or establish each handler's obligation under the order."], ["7:7:9.1.1.1.6.1.65.23", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.40 Classes of utilization.", "AMS", "", "", "", "See \u00a7 1000.40."], ["7:7:9.1.1.1.6.1.65.24", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.41 [Reserved]", "AMS", "", "", "", ""], ["7:7:9.1.1.1.6.1.65.25", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.42 Classification of transfers and diversions.", "AMS", "", "", "", "See \u00a7 1000.42."], ["7:7:9.1.1.1.6.1.65.26", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.43 General classification rules.", "AMS", "", "", "", "See \u00a7 1000.43."], ["7:7:9.1.1.1.6.1.65.27", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.44 Classification of producer milk.", "AMS", "", "", "", "See \u00a7 1000.44."], ["7:7:9.1.1.1.6.1.65.28", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.45 Market administrator's reports and announcements concerning classification.", "AMS", "", "", "", "See \u00a7 1000.45."], ["7:7:9.1.1.1.6.1.66.29", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.50 Class prices, component prices, and advanced pricing factors.", "AMS", "", "", "", "See \u00a7 1000.50."], ["7:7:9.1.1.1.6.1.66.30", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.51 Class I differential, adjustments to Class I prices, and Class I price.", "AMS", "", "", "[73 FR 14163, Mar. 17, 2008, as amended at 90 FR 6650, Jan. 17, 2025]", "(a) The Class I differential shall be the differential established for Fulton County, Georgia, which is reported in \u00a7 1000.52 of this chapter. The Class I price shall be the price computed pursuant to \u00a7 1000.50(a) of this chapter for Fulton County, Georgia.\n\n(b) [Reserved]"], ["7:7:9.1.1.1.6.1.66.31", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.52 Adjusted Class I differentials.", "AMS", "", "", "", "See \u00a7 1000.52."], ["7:7:9.1.1.1.6.1.66.32", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.53 Announcement of class prices, component prices, and advanced pricing factors.", "AMS", "", "", "", "See \u00a7 1000.53."], ["7:7:9.1.1.1.6.1.66.33", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.54 Equivalent price.", "AMS", "", "", "", "See \u00a7 1000.54."], ["7:7:9.1.1.1.6.1.67.34", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.60 Handler's value of milk.", "AMS", "", "", "[64 FR 47966, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000; 69 FR 71700, Dec. 10, 2004; 90 FR 6650, Jan. 17, 2025]", "For the purpose of computing a handler's obligation for producer milk, the market administrator shall determine for each month the value of milk of each handler with respect to each of the handler's pool plants and of each handler described in \u00a7 1000.9(c) of this chapter with respect to milk that was not received at a pool plant by adding the amounts computed in paragraphs (a) through (f) of this section and subtracting from that total amount the value computed in paragraph (g) of this section. Receipts of nonfluid milk products that are distributed as labeled reconstituted milk for which payments are made to the producer-settlement fund of another Federal order under \u00a7 1000.76(a)(4) or (d) of this chapter shall be excluded from pricing under this section.\n\n(a) Multiply the pounds of skim milk and butterfat in producer milk that were classified in each class pursuant to \u00a7 1000.44(c) of this chapter by the applicable skim milk and butterfat prices, and add the resulting amounts;\n\n(b) Multiply the pounds of skim milk and butterfat overage assigned to each class pursuant to \u00a7 1000.44(a)(11) by the respective skim milk and butterfat prices applicable at the location of the pool plant;\n\n(c) Multiply the difference between the Class IV price for the preceding month and the current month's Class I, II, or III price, as the case may be, by the hundredweight of skim milk and butterfat subtracted from Class I, II, or III, respectively, pursuant to \u00a7 1000.44(a)(7) and the corresponding step of \u00a7 1000.44(b);\n\n(d) Multiply the difference between the Class I price applicable at the location of the pool plant and the Class IV price by the hundredweight of skim milk and butterfat assigned to Class I pursuant to \u00a7 1000.43(d) and the hundredweight of skim milk and butterfat subtracted from Class I pursuant to \u00a7 1000.44(a)(3)(i) through (vi) and the corresponding step of \u00a7 1000.44(b), excluding receipts of bulk fluid cream products from a plant regulated under other Federal orders and bulk concentrated fluid milk products from pool plants, plants regulated under other Federal orders, and unregulated supply plants;\n\n(e) Multiply the Class I skim milk and Class I butterfat prices applicable at the location of the nearest unregulated supply plants from which an equivalent volume was received by the pounds of skim milk and butterfat in receipts of concentrated fluid milk products assigned to Class I pursuant to \u00a7 1000.43(d) and \u00a7 1000.44(a)(3)(i) and the corresponding step of \u00a7 1000.44(b) and the pounds of skim milk and butterfat subtracted from Class I pursuant to \u00a7 1000.44(a)(8) and the corresponding step of \u00a7 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; and\n\n(f) Compute an adjustment for eligible Class I producer milk pursuant to \u00a7 1000.43(e) of this chapter by multiplying the Class I skim milk price adjuster computed in \u00a7 1000.50(r) of this chapter by the pounds of skim milk eligible in Class I.\n\n(g) For reconstituted milk made from receipts of nonfluid milk products, multiply $1.00 (but not more than the difference between the Class I price applicable at the location of the pool plant and the Class IV price) by the hundredweight of skim milk and butterfat contained in receipts of nonfluid milk products that are allocated to Class I use pursuant to \u00a7 1000.43(d)."], ["7:7:9.1.1.1.6.1.67.35", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.61 Computation of uniform prices.", "AMS", "", "", "[64 FR 47966, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000]", "On or before the 11th day of each month, the market administrator shall compute a uniform butterfat price, a uniform skim milk price, and a uniform price for producer milk receipts reported for the prior month. The report of any handler who has not made payments required pursuant to \u00a7 1007.71 for the preceding month shall not be included in the computation of these prices, and such handler's report shall not be included in the computation for succeeding months until the handler has made full payment of outstanding monthly obligations.\n\n(a)  Uniform butterfat price.  The uniform butterfat price per pound, rounded to the nearest one-hundredth cent, shall be computed by:\n\n(1) Multiplying the pounds of butterfat in producer milk allocated to each class pursuant to \u00a7 1000.44(b) by the respective class butterfat prices;\n\n(2) Adding the butterfat value calculated in \u00a7 1007.60(e) for other source milk allocated to Class I pursuant to \u00a7 1000.43(d) and the steps of \u00a7 1000.44(b) that correspond to \u00a7 1000.44(a)(3)(i) and \u00a7 1000.44(a)(8) by the Class I price; and\n\n(3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section by the sum of the pounds of butterfat in producer milk and other source milk used to calculate the values in paragraphs (a)(1) and (a)(2) of this section.\n\n(b)  Uniform skim milk price.  The uniform skim milk price per hundredweight, rounded to the nearest cent, shall be computed as follows:\n\n(1) Combine into one total the values computed pursuant to \u00a7 1007.60 for all handlers;\n\n(2) Add an amount equal to the minus location adjustments and subtract an amount equal to the plus location adjustments computed pursuant to \u00a7 1007.75;\n\n(3) Add an amount equal to not less than one-half of the unobligated balance in the producer-settlement fund;\n\n(4) Subtract the value of the total pounds of butterfat for all handlers. The butterfat value shall be computed by multiplying the sum of the pounds of butterfat in producer milk and other source milk used to calculate the values in paragraphs (a)(1) and (a)(2) of this section by the butterfat price computed in paragraph (a) of this section;\n\n(5) Divide the resulting amount by the sum of the following for all handlers included in these computations:\n\n(i) The total skim pounds of producer milk; and\n\n(ii) The total skim pounds for which a value is computed pursuant to \u00a7 1007.60(e); and\n\n(6) Subtract not less than 4 cents and not more than 5 cents.\n\n(c)  Uniform price.  The uniform price per hundredweight, rounded to the nearest cent, shall be the sum of the following:\n\n(1) Multiply the uniform butterfat price for the month pursuant to paragraph (a) of this section times 3.5 pounds of butterfat; and\n\n(2) Multiply the uniform skim milk price for the month pursuant to paragraph (b) of this section times 96.5 pounds of skim milk."], ["7:7:9.1.1.1.6.1.67.36", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.62 Announcement of uniform prices.", "AMS", "", "", "", "On or before the 11th day after the end of the month, the market administrator shall announce the uniform prices for the month computed pursuant to \u00a7 1007.61."], ["7:7:9.1.1.1.6.1.68.37", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.70 Producer-settlement fund.", "AMS", "", "", "", "See \u00a7 1000.70."], ["7:7:9.1.1.1.6.1.68.38", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.71 Payments to the producer-settlement fund.", "AMS", "", "", "", "Each handler shall make a payment to the producer-settlement fund in a manner that provides receipt of the funds by the market administrator no later than the 12th day after the end of the month (except as provided in \u00a7 1000.90). Payment shall be the amount, if any, by which the amount specified in paragraph (a) of this section exceeds the amount specified in paragraph (b) of this section:\n\n(a) The total value of milk of the handler for the month as determined pursuant to \u00a7 1007.60; and\n\n(b) The sum of the value at the uniform prices for skim milk and butterfat, adjusted for plant location, of the handler's receipts of producer milk; and the value at the uniform price, as adjusted pursuant to \u00a7 1007.75, applicable at the location of the plant from which received of other source milk for which a value is computed pursuant to \u00a7 1007.60(e)."], ["7:7:9.1.1.1.6.1.68.39", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.72 Payments from the producer-settlement fund.", "AMS", "", "", "", "No later than one day after the date of payment receipt required under \u00a7 1007.71, the market administrator shall pay to each handler the amount, if any, by which the amount computed pursuant to \u00a7 1007.71(b) exceeds the amount computed pursuant to \u00a7 1007.71(a). If, at such time, the balance in the producer-settlement fund is insufficient to make all payments pursuant to this section, the market administrator shall reduce uniformly such payments and shall complete the payments as soon as the funds are available."], ["7:7:9.1.1.1.6.1.68.40", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.73 Payments to producers and to cooperative associations.", "AMS", "", "", "[64 FR 47971, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000]", "(a) Each handler that is not paying a cooperative association for producer milk shall pay each producer as follows:\n\n(1)  Partial payment.  For each producer who has not discontinued shipments as of the 23rd day of the month, payment shall be made so that it is received by the producer on or before the 26th day of the month (except as provided in \u00a7 1000.90) for milk received during the first 15 days of the month at not less than 90 percent of the preceding month's uniform price, adjusted for plant location pursuant to \u00a7 1007.75 and proper deductions authorized in writing by the producer.\n\n(2)  Final payment.  For milk received during the month, a payment computed as follows shall be made so that it is received by each producer one day after the payment date required in \u00a7 1007.72:\n\n(i) Multiply the hundredweight of producer skim milk received times the uniform skim milk price for the month;\n\n(ii) Multiply the pounds of butterfat received times the uniform butterfat price for the month;\n\n(iii) Multiply the hundredweight of producer milk received times the plant location adjustment pursuant to \u00a7 1007.75; and\n\n(iv) Add the amounts computed in paragraph (a)(2)(i), (ii), and (iii) of this section, and from that sum:\n\n(A) Subtract the partial payment made pursuant to paragraph (a)(1) of this section;\n\n(B) Subtract the deduction for marketing services pursuant to \u00a7 1000.86;\n\n(C) Add or subtract for errors made in previous payments to the producer; and\n\n(D) Subtract proper deductions authorized in writing by the producer.\n\n(b) One day before partial and final payments are due pursuant to paragraph (a) of this section, each handler shall pay a cooperative association for milk received as follows:\n\n(1)  Partial payment to a cooperative association for bulk milk received directly from producers' farms.  For bulk milk (including the milk of producers who are not members of such association and who the market administrator determines have authorized the cooperative association to collect payment for their milk) received during the first 15 days of the month from a cooperative association in any capacity, except as the operator of a pool plant, the payment shall be equal to the hundredweight of milk received multiplied by 90 percent of the preceding month's uniform price, adjusted for plant location pursuant to \u00a7 1007.75.\n\n(2)  Partial payment to a cooperative association for milk transferred from its pool plant.  For bulk fluid milk products and bulk fluid cream products received during the first 15 days of the month from a cooperative association in its capacity as the operator of a pool plant, the partial payment shall be at the pool plant operator's estimated use value of the milk using the most recent class prices available for skim milk and butterfat at the receiving plant's location.\n\n(3)  Final payment to a cooperative association for milk transferred from its pool plant.  For bulk fluid milk products and bulk fluid cream products received during the month from a cooperative association in its capacity as the operator of a pool plant, the final payment shall be the classified value of such milk as determined by multiplying the pounds of skim milk and butterfat assigned to each class pursuant to \u00a7 1000.44 by the class prices for the month at the receiving plant's location, and subtracting from this sum the partial payment made pursuant to paragraph (b)(2) of this section.\n\n(4)  Final payment to a cooperative association for bulk milk received directly from producers' farms.  For bulk milk received from a cooperative association during the month, including the milk of producers who are not members of such association and who the market administrator determines have authorized the cooperative association to collect payment for their milk, the final payment for such milk shall be an amount equal to the sum of the individual payments otherwise payable for such milk pursuant to paragraph (a)(2) of this section.\n\n(c) If a handler has not received full payment from the market administrator pursuant to \u00a7 1007.72 by the payment date specified in paragraph (a) or (b) of this section, the handler may reduce payments pursuant to paragraphs (a) and (b) of this section, but by not more than the amount of the underpayment. The payments shall be completed on the next scheduled payment date after receipt of the balance due from the market administrator.\n\n(d) If a handler claims that a required payment to a producer cannot be made because the producer is deceased or cannot be located, or because the cooperative association or its lawful successor or assignee is no longer in existence, the payment shall be made to the producer-settlement fund, and in the event that the handler subsequently locates and pays the producer or a lawful claimant, or in the event that the handler no longer exists and a lawful claim is later established, the market administrator shall make the required payment from the producer-settlement fund to the handler or to the lawful claimant as the case may be.\n\n(e) In making payments to producers pursuant to this section, each pool plant operator shall furnish each producer, except a producer whose milk was received from a cooperative association described in \u00a7 1000.9(a) or (c), a supporting statement in such form that it may be retained by the recipient which shall show:\n\n(1) The name, address, Grade A identifier assigned by a duly constituted regulatory agency, and the payroll number of the producer;\n\n(2) The month and dates that milk was received from the producer, including the daily and total pounds of milk received;\n\n(3) The total pounds of butterfat in the producer's milk;\n\n(4) The minimum rate or rates at which payment to the producer is required pursuant to this order;\n\n(5) The rate used in making payment if the rate is other than the applicable minimum rate;\n\n(6) The amount, or rate per hundredweight, and nature of each deduction claimed by the handler; and\n\n(7) The net amount of payment to the producer or cooperative association."], ["7:7:9.1.1.1.6.1.68.41", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.74 [Reserved]", "AMS", "", "", "", ""], ["7:7:9.1.1.1.6.1.68.42", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.75 Plant location adjustments for producer milk and nonpool milk.", "AMS", "", "", "", "For purposes of making payments for producer milk and nonpool milk, a plant location adjustment shall be determined by subtracting the Class I price specified in \u00a7 1007.51 from the Class I price at the plant's location. The difference, plus or minus as the case may be, shall be used to adjust the payments required pursuant to \u00a7\u00a7 1007.73 and 1000.76."], ["7:7:9.1.1.1.6.1.68.43", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.76 Payments by a handler operating a partially regulated distributing plant.", "AMS", "", "", "", "See \u00a7 1000.76."], ["7:7:9.1.1.1.6.1.68.44", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.77 Adjustment of accounts.", "AMS", "", "", "", "See \u00a7 1000.77."], ["7:7:9.1.1.1.6.1.68.45", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.78 Charges on overdue accounts.", "AMS", "", "", "", "See \u00a7 1000.78."], ["7:7:9.1.1.1.6.1.69.46", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.80 Transportation credit balancing fund.", "AMS", "", "", "", "The market administrator shall maintain a separate fund known as the  Transportation Credit Balancing Fund  into which shall be deposited the payments made by handlers pursuant to \u00a7 1007.81 and out of which shall be made the payments due handlers pursuant to \u00a7 1007.82. Payments due a handler shall be offset against payments due from the handler."], ["7:7:9.1.1.1.6.1.69.47", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.81 Payments to the transportation credit balancing fund.", "AMS", "", "", "[71 FR 62379, Oct. 25, 2006, as amended at 73 FR 14171, Mar. 17, 2008; 79 FR 25006, May 2, 2014; 79 FR 26591, May 9, 2014; 89 FR 6408, Feb. 1, 2024]", "(a) On or before the 12th day after the end of the month (except as provided in \u00a7 1000.90 of this chapter), each handler operating a pool plant and each handler specified in \u00a7 1000.9(c) of this chapter shall pay to the market administrator a transportation credit balancing fund assessment determined by multiplying the pounds of Class I producer milk assigned pursuant to \u00a7 1007.44 by $0.60 per hundredweight or such lesser amount as the market administrator deems necessary to maintain a balance in the fund equal to the total transportation credits disbursed during the prior June through February period to reflect any changes in the current mileage rate versus the mileage rate(s) in effect during the prior June through February period. \n\n In the event that during any month of the June-February period the fund balance is insufficient to cover the amount of credits that are due, the assessment should be based upon the amount of credits that would have been disbursed had the fund balance been sufficient.\n\n(b) The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in \u00a7 1000.90 of this chapter) the assessment pursuant to paragraph (a) of this section for the following month."], ["7:7:9.1.1.1.6.1.69.48", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.82 Payments from the transportation credit balancing fund.", "AMS", "", "", "[64 FR 47971, Sept. 1, 1999, as amended at 70 FR 59223, Oct. 12, 2005; 71 FR 62380, Oct. 25, 2006; 73 FR 14171, Mar. 17, 2008; 79 FR 25006, May 2, 2014; 79 FR 26591, May 9, 2014; 89 FR 6408, Feb. 1, 2024]", "(a) Payments from the transportation credit balancing fund to handlers and cooperative associations requesting transportation credits shall be made as follows:\n\n(1) On or before the 13th day (except as provided in \u00a7 1000.90) after the end of each of the months of January, and July through December and any other month in which transportation credits are in effect pursuant to paragraph (b) of this section, the market administrator shall pay to each handler that received, and reported pursuant to \u00a7 1007.30(a)(7), bulk milk transferred from a plant fully regulated under another Federal order as described in paragraph (c)(1) of this section or that received, and reported pursuant to \u00a7 1007.30(a)(8), milk directly from producers' farms as specified in paragraph (c)(2) of this section, a preliminary amount determined pursuant to paragraph (d) of this section to the extent that funds are available in the transportation credit balancing fund. \n\n If an insufficient balance exists to pay all of the credits computed pursuant to this section, the market administrator shall distribute the balance available in the transportation credit balancing fund by reducing payments pro rata using the percentage derived by dividing the balance in the fund by the total credits that are due for the month. The amount of credits resulting from this initial proration shall be subject to audit adjustment pursuant to paragraph (a)(2) of this section.\n\n(2) The market administrator shall accept adjusted requests for transportation credits on or before the 20th day of the month following the month for which such credits were requested pursuant to \u00a7 1007.32(a). After such date, a preliminary audit will be conducted by the market administrator, who will recalculate any necessary proration of transportation credit payments for the preceding month pursuant to paragraph (a) of this section. Handlers will be promptly notified of an overpayment of credits based upon this final computation and remedial payments to or from the transportation credit balancing fund will be made on or before the next payment date for the following month;\n\n(3) Transportation credits paid pursuant to paragraphs (a)(1) and (2) of this section shall be subject to final verification by the market administrator pursuant to \u00a7 1000.77. Adjusted payments to or from the transportation credit balancing fund will remain subject to the final proration established pursuant to paragraph (a)(2) of this section; and\n\n(4) In the event that a qualified cooperative association is the responsible party for whose account such milk is received and written documentation of this fact is provided to the market administrator pursuant to \u00a7 1007.30(c)(3) prior to the date payment is due, the transportation credits for such milk computed pursuant to this section shall be made to such cooperative association rather than to the operator of the pool plant at which the milk was received.\n\n(b) The market administrator may extend the period during which transportation credits are in effect ( i.e.,  the transportation credit period) to the month of February or June if a written request to do so is received fifteen (15) days prior to the beginning of the month for which the request is made and, after conducting an independent investigation, finds that such extension is necessary to assure the market of an adequate supply of milk for fluid use. Any decision to extend the transportation credit period must be issued in writing prior to the first day of the month for which the extension is to be effective.\n\n(c) Transportation credits shall apply to the following milk:\n\n(1) Bulk milk received at a pool distributing plant from a plant regulated under another Federal order, except Federal Order 1005; and\n\n(2) Bulk milk received directly from the farms of dairy farmers at pool distributing plants subject to the following conditions:\n\n(i) The dairy farmer was not a \u201cproducer\u201d under this order for more than 45 days during the immediately preceding months of March through May, or not more than 50 percent of the production of the dairy farmer during those 3 months, in aggregate, was received as producer milk under this order during those 3 months; and\n\n(ii) The farm on which the milk was produced is not located within the specified marketing area of the order in this part or the marketing area of Federal Order 1005 (7 CFR part 1005).\n\n(iii) The market administrator may increase or decrease the milk production standard specified in paragraph (c)(2)(i) of this section if the market administrator finds that such revision is necessary to assure orderly marketing and efficient handling of milk in the marketing area. Before making such a finding, the market administrator shall investigate the need for the revision either on the market administrator's own initiative or at the request of interested persons. If the investigation shows that a revision might be appropriate, the market administrator shall issue a notice stating that the revision is being considered and inviting written data, views, and arguments. Any decision to revise an applicable percentage must be issued in writing at least one day before the effective date.\n\n(d) Transportation credits shall be computed as follows:\n\n(1) The market administrator shall subtract from the pounds of milk described in paragraphs (c)(1) and (2) of this section the pounds of bulk milk transferred from the pool plant receiving the supplemental milk if milk was transferred to a nonpool plant on the same calendar day that the supplemental milk was received. For this purpose, the transferred milk shall be subtracted from the most distant load of supplemental milk received, and then in sequence with the next most distant load until all of the transfers have been offset;\n\n(2) With respect to the pounds of milk described in paragraph (c)(1) of this section that remain after the computations described in paragraph (d)(1) of this section, the market administrator shall:\n\n(i) Determine the shortest hard-surface highway distance between the shipping plant and the receiving plant;\n\n(ii) Multiply the number of miles so determined by the mileage rate for the month computed pursuant to \u00a7 1007.83(a)(6);\n\n(iii) Subtract the applicable Class I price specified in \u00a7 1000.50(a) for the county in which the shipping plant is located from the Class I price applicable for the county in which the receiving plant is located;\n\n(iv) Subtract any positive difference computed in paragraph (d)(2)(iii) of this section from the amount computed in paragraph (d)(2)(ii) of this section; and\n\n(v) Multiply the remainder computed in paragraph (d)(2)(iv) of this section by the hundredweight of milk described in paragraph (d)(2) of this section.\n\n(3) For the remaining milk described in paragraph (c)(2) of this section after computations described in paragraph (d)(1) of this section, the market administrator shall:\n\n(i) Determine an origination point for each load of milk by locating the nearest city to the last producer's farm from which milk was picked up for delivery to the receiving pool plant;\n\n(ii) Determine the shortest hard-surface highway distance between the receiving pool plant and the origination point;\n\n(iii) Subtract 15 percent (15%) of the miles from the mileage so determined;\n\n(iv) Multiply the remaining miles so computed by the mileage rate for the month computed pursuant to \u00a7 1007.83(a)(6);\n\n(v) Subtract the Class I price specified in \u00a7 1000.50(a) applicable for the county in which the origination point is located from the Class I price applicable at the receiving pool plant's location;\n\n(vi) Subtract any positive difference computed in paragraph (d)(3)(v) of this section from the amount computed in paragraph (d)(3)(iv) of this section; and\n\n(vii) Multiply the remainder computed in paragraph (d)(3)(vi) of this section by the hundredweight of milk described in paragraph (d)(3) of this section.\n\n(viii) The market administrator may revise the factor described in (3)(iii) of this section (the mileage adjustment factor) if a written request to do so is received fifteen (15) days prior to the beginning of the month for which the request is made and, (15) days prior to the beginning of the month for which the request is made and, after conducting an independent investigation, finds that such revision is necessary to assure orderly marketing, efficient handling of milk in the marketing area, and an adequate supply of milk for fluid use. The market administrator may increase the mileage adjustment factor by as much as ten percentage points (10%) up to twenty-five percent (25%) or decrease it by as much as ten percentage points (10%), to a minimum of five percent (5%). Before making such a finding, the market administrator shall notify all handlers in the market that a revision is being considered and invite written data, comments, and arguments. Any decision to revise the mileage rate factor must be issued in writing prior to the first day of the month for which the revision is to be effective."], ["7:7:9.1.1.1.6.1.69.49", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.83 Mileage rate for the transportation credit balancing fund.", "AMS", "", "", "[79 FR 25006, May 2, 2014; 79 FR 26591, May 9, 2014; 89 FR 6409, Feb. 1, 2024]", "(a) The market administrator shall compute the mileage rate each month as follows:\n\n(1) Compute the simple average rounded to three decimal places for the most recent 4 weeks of the Diesel Price per Gallon as reported by the Energy Information Administration of the United States Department of Energy for the Lower Atlantic and Gulf Coast Districts combined.\n\n(2) From the result in paragraph (a)(1) of this section subtract $2.26 per gallon;\n\n(3) Divide the result in paragraph (a)(2) of this section by 6.2, and round down to three decimal places to compute the fuel cost adjustment factor;\n\n(4) Add the result in paragraph (a)(3) of this section to $3.67;\n\n(5) Divide the result in paragraph (a)(4) of this section by 497;\n\n(6) Round the result in paragraph (a)(5) of this section down to five decimal places to compute the mileage rate.\n\n(b) The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in \u00a7 1000.90 of this chapter) the mileage rate pursuant to paragraph (a) of this section for the following month."], ["7:7:9.1.1.1.6.1.69.50", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.84 Distributing plant delivery credits.", "AMS", "", "", "[89 FR 6409, Feb. 1, 2024]", "(a)  Distributing plant delivery credit fund.  The market administrator shall maintain a separate fund known as the Distributing Plant Delivery Credit Fund into which shall be deposited the payments made by handlers pursuant to paragraph (b) of this section and out of which shall be made the payments due handlers pursuant to paragraph (d) of this section. Payments due a handler shall be offset against payments due from the handler.\n\n(b)  Payments to the distributing plant delivery credit fund.  On or before the 12th day after the end of the month (except as provided in \u00a7 1000.90 of this chapter), each handler operating a pool plant and each handler specified in \u00a7 1000.9(c) of this chapter shall pay to the market administrator a distributing plant delivery credit fund assessment determined by multiplying the pounds of Class I producer milk assigned pursuant to \u00a7 1007.44 by a per hundredweight assessment rate of $0.50 or such lesser amount as the market administrator deems necessary to maintain a balance in the fund equal to the total distributing plant delivery credit disbursed during the prior calendar year. If the distributing plant delivery credit fund is in an overfunded position, the market administrator may completely waive the distributing plant delivery credit assessment for one or more months. In determining the distributing plant delivery credit assessment rate, in the event that during any month of that previous calendar year the fund balance was insufficient to cover the amount of credits that were due, the assessment should be based upon the amount of credits that would have been disbursed had the fund balance been sufficient.\n\n(c)  Assessment rate announcement.  The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in \u00a7 1000.90 of this chapter), the assessment rate per hundredweight pursuant to paragraph (b) of this section for the following month.\n\n(d)  Payments from the distributing plant delivery credit fund.  Payments from the distributing plant delivery credit fund to handlers and cooperative associations requesting distributing plant delivery credits shall be made as follows:\n\n(1) On or before the 13th day (except as provided in \u00a7 1000.90 of this chapter) after the end of each month, the market administrator shall pay to each handler that received, and reported pursuant to \u00a7 1007.30(a)(5), bulk unconcentrated milk directly from producers' farms, or receipts of bulk unconcentrated milk by transfer from a pool supply plant as defined in \u00a7 1007.7(c) or (d), a preliminary amount determined pursuant to paragraph (f) of this section to the extent that funds are available in the distributing plant delivery credit fund. If an insufficient balance exists to pay all of the credits computed pursuant to this section, the market administrator shall distribute the balance available in the distributing plant delivery credit fund by reducing payments pro rata using the percentage derived by dividing the balance in the fund by the total credits that are due for the month. The credits resulting from this initial proration shall be subject to audit adjustment pursuant to paragraph (d)(3) of this section.\n\n(2) The market administrator shall accept adjusted requests for distributing plant delivery credits on or before the 20th day of the month following the month for which such credits were requested pursuant to \u00a7 1007.32(a). After such date, a preliminary audit will be conducted by the market administrator, who will recalculate any necessary proration of distributing plant delivery credit payments for the preceding month pursuant to the process provided in paragraph (d)(1) of this section. Handlers will be promptly notified of an overpayment of credits based upon this final computation and remedial payments to or from the distributing plant delivery credit fund will be made on or before the next payment date for the following month.\n\n(3) Distributing plant delivery credits paid pursuant to paragraphs (d)(1) and (2) of this section shall be subject to final verification by the market administrator pursuant to \u00a7 1000.77 of this chapter. Adjusted payments to or from the distributing plant delivery credit fund will remain subject to the final proration established pursuant to paragraph (d)(2) of this section.\n\n(4) In the event that a qualified cooperative association is the responsible party for whose account such milk is received and written documentation of this fact is provided to the market administrator pursuant to \u00a7 1007.30(c)(3) prior to the date payment is due, the distributing plant delivery credits for such milk computed pursuant to this section shall be made to such cooperative association rather than to the operator of the pool plant at which the milk was received.\n\n(5) The market administrator shall provide monthly to producers who are not members of a qualified cooperative association a statement of the amount per hundredweight of distributing plant delivery credit which the distributing plant handler receiving their milk is entitled to claim.\n\n(e)  Eligible milk.  Distributing plant delivery credits shall apply to the following milk:\n\n(1) Bulk unconcentrated fluid milk received directly from dairy farms at a pool distributing plant as producer milk subject to the following conditions:\n\n(i) The farm on which the milk was produced is located within the specified marketing areas of the order in this part or the marketing area of Federal Order 1005 (7 CFR part 1005).\n\n(ii) The farm on which the milk was produced is located in the following counties in the State of:\n\n(A) Illinois: Alexander, Bond, Clay, Clinton, Crawford, Edwards, Effingham, Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Johnson, Lawrence, Marion, Massac, Monroe, Montgomery, Perry, Pope, Pulaski, Randolph, Richland, St Clair, Saline, Union, Washington, Wayne, White, Williamson, Calhoun, Greene, Jersey, Macoupin, Madison, and Wabash.\n\n(B) Kansas: Allen, Anderson, Bourbon, Chautauqua, Cherokee, Coffey, Crawford, Douglas, Elk, Franklin, Greenwood, Jefferson, Johnson, Labette, Leavenworth, Linn, Lyon, Miami, Montgomery, Neosho, Osage, Shawnee, Wabaunsee, Wilson, Woodson, and Wyandotte\n\n(C) Missouri: Audrain, Bates, Benton, Boone, Callaway, Camden, Cass, Clay, Cole, Cooper, Franklin, Gasconade, Henry, Hickory, Howard, Jackson, Jefferson, Johnson, Lafayette, Lincoln, Maries, Miller, Moniteau, Montgomery, Morgan, Osage, Pettis, Phelps, Pike, Platte, Pulaski, Ray, St Charles, St Clair, Ste Genevieve, St Louis, St. Louis City, Saline, and Warren\n\n(D) Oklahoma: Adair, Atoka, Bryan, Cherokee, Choctaw, Coal, Craig, Creek, Delaware, Haskell, Hughes, Latimer, Le Flore, McCurtain, Mcintosh, Mayes, Muskogee, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, Pittsburg, Pushmataha, Rogers, Sequoyah, Tulsa, Wagoner, and Washington\n\n(E) Texas: Anderson, Angelina, Bowie, Camp, Cass, Chambers, Cherokee, Delta, Fannin, Franklin, Galveston, Gregg, Hardin, Harris, Harrison, Henderson, Hopkins, Houston, Hunt, Jasper, Jefferson, Kaufman, Lamar, Liberty, Marion, Montgomery, Morris, Nacogdoches, Newton, Orange, Panola, Polk, Rains, Red River, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, and Wood.\n\n(iii) The Market Administrator may include additional counties from the states listed in paragraph (e)(1)(ii) of this section upon the request of a pool handler and provision of satisfactory proof that the county is a source of regular supply of milk to order distributing plants.\n\n(iv) Producer milk eligible for a payment under this section cannot be eligible for payment from the transportation credit balancing fund as specified in \u00a7 1007.82(c)(2).\n\n(v) The quantity of milk described herein shall be reduced by the quantity of any bulk unconcentrated fluid milk products transferred from a pool distributing plant to a nonpool plant or transferred to a pool supply plant on the same calendar day as producer milk was received at such plant for which a distributing plant delivery credit is requested.\n\n(2) Bulk unconcentrated fluid milk transferred from a pool supply plant regulated pursuant to \u00a7 1007.7(c) or (d) to a pool distributing plant regulated pursuant to \u00a7 1007.7(a) or (b). The quantity of milk described herein shall be reduced by the quantity of any bulk unconcentrated fluid milk products transferred from a pool distributing plant to a nonpool plant or transferred to a pool supply plant on the same calendar day as milk was received by transfer from a pool supply plant at such pool distributing plant for which a distributing plant delivery credit is requested.\n\n(f)  Credit computation.  Distributing plant delivery credits shall be computed as follows:\n\n(1) With respect to milk delivered directly from the farm to a distributing plant:\n\n(i) Determine the shortest hard-surface highway distance between the shipping farm's county seat and the receiving plant, and multiply the miles by an adjustment rate of not greater than ninety-five percent (95%) and not less than seventy-five percent (75%);\n\n(ii) Subtract the Class I price specified in \u00a7 1000.50(a) of this chapter for the county in which the shipping farm is located from the Class I price applicable for the county in which the receiving pool distributing plant is located;\n\n(iii) Multiply the adjusted miles so computed in (f)(1)(i) of this section by the monthly mileage rate factor for the month computed pursuant to paragraph (h) of this section;\n\n(iv) Subtract any positive difference in Class I prices computed in paragraph (f)(1)(ii) of this section from the rate determined in paragraph (f)(1)(iii) of this section;\n\n(v) Multiply the remainder computed in paragraph (f)(1)(iv) of this section by the hundredweight of milk described in paragraph (e)(1) of this section;\n\n(2) With respect to milk delivered from a pool supply plant to a distributing plant:\n\n(i) Determine the shortest hard-surface highway distance between the transferring pool plant and the receiving plant, and multiply the miles by an adjustment rate of not greater than ninety-five (95%) percent and not less than seventy-five (75%) percent;\n\n(ii) Subtract the Class I price specified in \u00a7 1000.50(a) of this chapter for the transferring pool plant from the Class I price applicable for the county in which the receiving pool distributing plant is located;\n\n(iii) Multiply the adjusted miles so computed in paragraph (f)(2)(i) of this section by the mileage rate factor for the month computed pursuant to paragraph (h) of this section;\n\n(iv) Subtract any positive difference in Class I prices computed in paragraph (f)(2)(ii) of this section from the rate determined in paragraph (f)(2)(iii) of this section;\n\n(v) Multiply the remainder computed in paragraph (f)(2)(iv) of this section by the hundredweight of milk described in paragraph (e)(2) of this section;\n\n(g)  Mileage percentage rate adjustment.  The monthly percentage rate adjustment within the range of permissible percentage adjustments provided in paragraphs (f)(1)(i) and (f)(2)(i) of this section shall be determined by the market administrator, and publicly announced prior to the month for which effective. In determining the percentage adjustment to the actual mileages of milk delivered from farms and milk transferred from pool plants the market administrator shall evaluate the general supply and demand for milk in the marketing area, any previous occurrences of sustained uneconomic movements of milk, and the balances in the distributing plant delivery credit fund. The adjustment percentage pursuant to paragraphs (f)(1) and (2) of this section to the actual miles used for computing distributing plant delivery credits and announced by the market administrator shall always be the same percentage.\n\n(h)  Mileage rate for the distributing plant delivery credit fund.  The mileage rate for the distributing plant delivery credit fund shall be the mileage rate computed by the market administrator pursuant to \u00a7 1007.83.\n\n(i)  Oversight of milk movements.  The market administrator shall regularly monitor and evaluate the requests for distributing plant delivery credits to determine that such credits are not encouraging uneconomic movements of milk, and the credits continue to assure orderly marketing and efficient handling of milk in the marketing area. In making such determinations the market administrator will include in the evaluation the general supply and demand for milk. If the market administrator finds that uneconomic movements are occurring, and such movements are persistent and pervasive, or are not being made in a way that assures orderly marketing and efficient handling of milk in the marketing area, after good cause shown, the market administrator may disallow the payments of distributing plant delivery credit on such milk. Before making such a finding, the market administrator shall give the handler on such milk sufficient notice that an investigation is being considered and shall provide notice that the handler has the opportunity to explain why such movements were necessary, or the opportunity to correct such movements prior to the disallowance of any distributing plant delivery credits. Any disallowance of distributing plant delivery credit pursuant to this provision shall remain confidential between the market administrator and the handler."], ["7:7:9.1.1.1.6.1.70.51", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.85 Assessment for order administration.", "AMS", "", "", "[79 FR 25002, May 2, 2014; 79 FR 26591, May 9, 2014]", "On or before the payment receipt date specified under \u00a7 1007.71, each handler shall pay to the market administrator its  pro rata  share of the expense of administration of the order at a rate specified by the market administrator that is no more than $.08 per hundredweight with respect to:\n\n(a) Receipts of producer milk (including the handler's own production) other than such receipts by a handler described in \u00a7 1000.9(c) of this chapter that were delivered to pool plants of other handlers;\n\n(b) Receipts from a handler described in \u00a7 1000.9(c) of this chapter;\n\n(c) Receipts of concentrated fluid milk products from unregulated supply plants and receipts of nonfluid milk products assigned to Class I use pursuant to \u00a7 1000.43(d) of this chapter and other source milk allocated to Class I pursuant to \u00a7 1000.44(a)(3) and (8) of this chapter and the corresponding steps of \u00a7 1000.44(b) of this chapter, except other source milk that is excluded from the computations pursuant to \u00a7 1007.60(d) and (e); and\n\n(d) Route disposition in the marketing area from a partially regulated distributing plant that exceeds the skim milk and butterfat subtracted pursuant to \u00a7 1000.76(a)(1)(i) and (ii) of this chapter."], ["7:7:9.1.1.1.6.1.70.52", 7, "Agriculture", "X", "", "1007", "PART 1007\u2014MILK IN THE SOUTHEAST MARKETING AREA", "", "Subpart\u2014Order Regulating Handling", "", "\u00a7 1007.86 Deduction for marketing services.", "AMS", "", "", "", "See \u00a7 1000.86."]], "truncated": false, "filtered_table_rows_count": 81, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "1007"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=1007", "results": [{"value": 7, "label": 7, "count": 52, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&title_number=7", "selected": false}, {"value": 24, "label": 24, "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&title_number=24", "selected": false}, {"value": 49, "label": 49, "count": 12, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&title_number=49", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=1007", "results": [{"value": "AMS", "label": "AMS", "count": 52, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&agency=AMS", "selected": false}, {"value": "HUD", "label": "HUD", "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&agency=HUD", "selected": false}, {"value": "STB", "label": "STB", "count": 12, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&agency=STB", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=1007", "results": [{"value": "1007", "label": "1007", "count": 81, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&_facet=part_name"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=1007&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 9.194916114211082, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}