cfr_sections
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81 rows where part_number = 1007 sorted by section_id
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| 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 |
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| 24:24:4.1.3.1.30.0.71.1 | 24 | Housing and Urban Development | IX | 1007 | PART 1007—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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. (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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 1007.50 Certificate of guarantee. | HUD | (a) Approval process —(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. (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. (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. (c) Effect —(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. (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. (d) Fraud and misrepresentation. This section may not be construed: (1) To preclude HUD from establishing defenses against the original lender based on fraud or material misrepresentation; or (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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 1007.70 Disqualification of lenders and civil money penalties. | HUD | (a) In general —(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: (i) Has failed: (A) To maintain adequate accounting records; (B) To service adequately loans guaranteed under this section; or (C) To exercise proper credit or underwriting judgment; or (ii) Has engaged in practices otherwise detrimental to the interest of a borrower or the United States. (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: (i) Refuse, either temporarily or permanently, to guarantee any further loans made by such lender or holder; (ii) Bar such lender or holder from acquiring additional loans guaranteed under this part; and (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. (b) Civil money penalties for intentional violations —(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: (i) To maintain adequate accounting records; (ii) To adequately service loans guaranteed under this section; or (iii) To exercise proper credit or underwriting judgment. (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. (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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 1007.75 Payment under guarantee. | HUD | (a) Lender options —(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. (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: (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 § 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. (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 § 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. (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 … | |||||||
| 24:24:4.1.3.1.30.0.71.17 | 24 | Housing and Urban Development | IX | 1007 | PART 1007—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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 § 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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 1007.5 Definitions. | HUD | The following definitions apply in this part: Department 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. ). Eligible 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. Family 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. Guarantee Fund means the Native Hawaiian Housing Loan Guarantee Fund under this part. Hawaiian Home Lands means lands that: (1) Have the status of Hawaiian Home Lands under section 204 of the Hawaiian Homes Commission Act (42 Stat. 110); or (2) Are acquired pursuant to that Act. HUD means the Department of Housing and Urban Development. Native Hawaiian means any individual who is: (1) A citizen of the United States; and (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: (i) Genealogical records; (ii) Verification by kupuna (elders) or kama'aina (long-term community residents); or (iii) Birth records of the State of Hawaii. Native Hawaiian family means a family with at least one member who is a Native Hawaiian. Office 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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 1007.10 Eligible borrowers. | HUD | A loan guaranteed under this part may only be made to the following borrowers: (a) A Native Hawaiian family; (b) The Department of Hawaiian Home Lands; (c) The Office of Hawaiian Affairs; or (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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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. (b) Construction advances. Advances made by the lender during construction are eligible if: (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; (2) The advances are made only as provided in the building loan agreement; (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 (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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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. (b) Standard housing must meet housing safety and quality standards that: (1) Provide sufficient flexibility to permit the use of various designs and materials; and (2) Require each dwelling unit to: (i) Be decent, safe, sanitary, and modest in size and design; (ii) Conform with applicable general construction standards for the region in which the housing is located; (iii) Contain a plumbing system that: (A) Uses a properly installed system of piping; (B) Includes a kitchen sink and a partitional bathroom with lavatory, toilet, and bath or shower; and (C) Uses water supply, plumbing, and sewage disposal systems that conform to any minimum standards established by the applicable county or State; (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; (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 (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. (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 §§ 200.805 and 20… | ||||||
| 24:24:4.1.3.1.30.0.71.6 | 24 | Housing and Urban Development | IX | 1007 | PART 1007—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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. (b) Approval. The following lenders shall be considered to be lenders that have been approved by HUD: (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. ); (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; (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. ); (4) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government; and (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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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: (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; (2) A security interest in non-Hawaiian Home Lands property; (3) Personal property; or (4) Cash, notes, an interest in securities, royalties, annuities, or any other property that is transferable and whose present value may be determined. (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: (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. (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. (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 o… | ||||||
| 24:24:4.1.3.1.30.0.71.8 | 24 | Housing and Urban Development | IX | 1007 | PART 1007—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 1007.35 Loan terms. | HUD | To be eligible for guarantee under this part, the loan shall: (a) Be made for a term not exceeding 30 years; (b) Bear interest (exclusive of the guarantee fee under § 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; (c) Involve a principal obligation not exceeding: (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 (2) The amount approved by HUD under this section; and (d) Involve a payment on account of the property: (1) In cash or its equivalent; or (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—SECTION 184A LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING | § 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 § 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—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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 § 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. (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—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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: (a) The authority which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary; (b) The principal purpose or purposes for which the information is intended to be used; (c) The routine uses which may be made of the information, as published in the Federal Register ; and, (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—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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: (1) The name and location of the system; (2) The categories of individuals on whom records are maintained in the system; (3) The categories of records maintained in the system; (4) Each routine use of the records contained in the system, including the categories of users and purpose of such use; (5) The policies and practices of the Board regarding storage, retrieval, access controls, retention, and disposal of the records; (6) The title and business address of the Board official who is responsible for the system of records; (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; (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, (9) The categories of sources of records in the system. (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 § 1007.5. | |||||
| 49:49:8.1.1.1.8.0.1.12 | 49 | Transportation | X | A | 1007 | PART 1007—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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. (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. (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… | |||||
| 49:49:8.1.1.1.8.0.1.2 | 49 | Transportation | X | A | 1007 | PART 1007—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 1007.2 Definitions. | STB | As used in this part: Board means the Surface Transportation Board. Chairman means the Presidentially appointed Board Member who is the administrative head of the Surface Transportation Board. Privacy 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. Individual means a citizen of the United States or an alien lawfully admitted for permanent residence. Maintain means the maintenance, collection, use, or dissemination (of records). Record 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. Statistical 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. System 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. Routine 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. Agency 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—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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. (b) A request for information or for access to records under this part may be made by mail or in person. The request shall: (1) Be in writing and signed by the individual making the request; and, (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. (c) For each system of records from which information is sought, the request shall: (1) Specify the title and identifying number as it appears in the system notice published by the Board; (2) Provide such additional identifying information, if any, as may be required by the system notice; (3) Describe the specific information or kind of information sought within that system of records; and, (4) Set forth any unusual arrangements sought concerning the time, place, or form of access. (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. (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—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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 § 1007.3, before information is given or access is granted pursuant to § 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. (a) An individual may establish his identity by: (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 (2) Appearing at any office of the Board during the regular working hours for that office and presenting either: (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 (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 (3) Providing such other proof of identity as the Board deems satisfactory in the circumstances of a particular request. (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. (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—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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 § 1007.3 and has identified himself or herself as prescribed in § 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. (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. (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. (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. (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. (f) Fees for … | |||||
| 49:49:8.1.1.1.8.0.1.6 | 49 | Transportation | X | A | 1007 | PART 1007—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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: (1) The individual to whom the record pertains has given his written consent to the disclosure; (2) The disclosure is to officers and employees of the Board who need it in the performance of their duties; (3) Disclosure is required under the Freedom of Information Act (5 U.S.C. 552). (4) Disclosure is for a routine use as defined in § 1007.2 of these rules and described in the system notice for that system of records; (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; (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; (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; (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. (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 su… | |||||
| 49:49:8.1.1.1.8.0.1.7 | 49 | Transportation | X | A | 1007 | PART 1007—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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. (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. (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. (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—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 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. (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 §§ 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. (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. (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. (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. (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 agenc… | |||||
| 49:49:8.1.1.1.8.0.1.9 | 49 | Transportation | X | A | 1007 | PART 1007—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS | § 1007.9 Appeals to the Chairman. | STB | (a) Any individual may petition the Chairman: (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 §§ 1007.3 and 1007.5 in this part; (2) To review denial of a request for amendment made pursuant to § 1007.8; (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, (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. (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. (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. (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 h… | ||||||
| 7:7:9.1.1.1.6.1.62.1 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (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; (b) Receives no fluid milk products, and acquires no fluid milk products for route disposition, from sources other than own farm production; (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 (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. (e) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in § 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to § 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 § 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 § 1131.7 of this chapter or § 1000.76(a). | |||||
| 7:7:9.1.1.1.6.1.63.11 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.11 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.6.1.63.12 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (1) Received at a pool plant directly from the producer or diverted by the plant operator in accordance with § 1007.13; or (2) Received by a handler described in § 1000.9(c). (b) Producer shall not include: (1) A producer-handler as defined in any Federal order; (2) A dairy farmer whose milk is received at an exempt plant, excluding producer milk diverted to the exempt plant pursuant to § 1007.13(d); (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 (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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (a) Received by the operator of a pool plant directly from a producer or a handler described in § 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; (b) Received by a handler described in § 1000.9(c) in excess of the quantity delivered to pool plants; (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 (d) Diverted by the operator of a pool plant or a handler described in § 1000.9(c) to a nonpool plant, subject to the following conditions: (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; (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; (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 § 1005.82(c)(2)(ii) and (iii), and for which a transportation credit is requested; (4) The operator of a pool plant that is not a cooperative association may divert any milk that is not under the control of a cooperative association that diverts milk during the month pursuant to paragraph (d) of this section. The total quantity of milk so diverted during the month … | |||||
| 7:7:9.1.1.1.6.1.63.14 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.14 Other source milk. | AMS | See § 1000.14. | ||||||
| 7:7:9.1.1.1.6.1.63.15 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.15 Fluid milk product. | AMS | See § 1000.15. | ||||||
| 7:7:9.1.1.1.6.1.63.16 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.16 Fluid cream product. | AMS | See § 1000.16. | ||||||
| 7:7:9.1.1.1.6.1.63.17 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.17 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.6.1.63.18 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.18 Cooperative association. | AMS | See § 1000.18. | ||||||
| 7:7:9.1.1.1.6.1.63.19 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.19 Commercial food processing establishment. | AMS | See § 1000.19. | ||||||
| 7:7:9.1.1.1.6.1.63.2 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: Alabama, Arkansas, Louisiana, and Mississippi All of the States of Alabama, Arkansas, Louisiana, and Mississippi. Florida Counties Escambia, Okaloosa, Santa Rosa, and Walton. Georgia Counties All of the State of Georgia except for the counties of Catoosa, Chattooga, Dade, Fannin, Murray, Walker, and Whitfield. Kentucky Counties Allen, Ballard, Barren, Caldwell, Calloway, Carlisle, Christian, Crittenden, Fulton, Graves, Hickman, Livingston, Logan, Lyon, Marshall,McCracken, Metcalfe, Monroe, Simpson, Todd, Trigg, and Warren. Missouri Counties 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. Tennessee Counties 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. All of the States of Alabama, Arkansas, Louisiana, and Mississippi. Escambia, Okaloosa, Santa Rosa, and Walton. All of the State of Georgia except for the counties of Catoosa, Chattooga, Dade, Fannin, Murray, Walker, and Whitfield. Allen, Ballard, Barren, Caldwell, Calloway, Carli… | ||||||
| 7:7:9.1.1.1.6.1.63.3 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.3 Route disposition. | AMS | See § 1000.3. | ||||||
| 7:7:9.1.1.1.6.1.63.4 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.4 Plant. | AMS | See § 1000.4. | ||||||
| 7:7:9.1.1.1.6.1.63.5 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.5 Distributing plant. | AMS | See § 1000.5. | ||||||
| 7:7:9.1.1.1.6.1.63.6 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.6 Supply plant. | AMS | See § 1000.6. | ||||||
| 7:7:9.1.1.1.6.1.63.7 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (a) A distributing plant, other than a plant qualified as a pool plant pursuant to paragraph (b) of this section or § ____.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. (b) Any distributing plant located in the marketing area which during the month processed at least 50 percent of the total quantity of fluid milk products physically received at the plant (excluding concentrated milk received from another plant by agreement for other than Class I use) into ultra-pasteurized or aseptically-processed fluid milk products. (c) A supply plant from which 50 percent or more of the total quantity of milk that is physically received during the month from dairy farmers and handlers described in § 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. (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 associ… | |||||
| 7:7:9.1.1.1.6.1.63.8 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.8 Nonpool plant. | AMS | See § 1000.8. | ||||||
| 7:7:9.1.1.1.6.1.63.9 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.9 Handler. | AMS | See § 1000.9. | ||||||
| 7:7:9.1.1.1.6.1.64.20 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (a) With respect to each of its pool plants, the quantities of skim milk and butterfat contained in or represented by: (1) Receipts of producer milk, including producer milk diverted by the reporting handler, from sources other than handlers described in § 1000.9(c); (2) Receipts of milk from handlers described in § 1000.9(c); (3) Receipts of fluid milk products and bulk fluid cream products from other pool plants; (4) Receipts of other source milk; (5) Receipts of producer milk described in § 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; (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; (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 § 1007.82; (8) Receipts of producer milk described in § 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; (9) For handlers submitting transportation credit requests, transfers of bulk milk to nonpool plants, including the dates that such milk was transferred; (10) Inventories at the beginning and end of the month of fluid milk products and bulk fluid cream products; and (11) The utilization or disposition of all milk and milk products required to be reported pursuant to this paragraph. (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 b… | |||||
| 7:7:9.1.1.1.6.1.64.21 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 1007.7 and each handler described in § 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 § 1007.73(e). (b) Each handler operating a partially regulated distributing plant who elects to make payment pursuant to § 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 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 § 1007.30(a)(5) and (6) and any adjustments to transportation credit requests as reported pursuant to § 1007.30(a)(7) through (9) of this part. (b) In addition to the reports required pursuant to §§ 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.40 Classes of utilization. | AMS | See § 1000.40. | ||||||
| 7:7:9.1.1.1.6.1.65.24 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.41 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.6.1.65.25 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.42 Classification of transfers and diversions. | AMS | See § 1000.42. | ||||||
| 7:7:9.1.1.1.6.1.65.26 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.43 General classification rules. | AMS | See § 1000.43. | ||||||
| 7:7:9.1.1.1.6.1.65.27 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.44 Classification of producer milk. | AMS | See § 1000.44. | ||||||
| 7:7:9.1.1.1.6.1.65.28 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.45 Market administrator's reports and announcements concerning classification. | AMS | See § 1000.45. | ||||||
| 7:7:9.1.1.1.6.1.66.29 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.50 Class prices, component prices, and advanced pricing factors. | AMS | See § 1000.50. | ||||||
| 7:7:9.1.1.1.6.1.66.30 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 1000.52 of this chapter. The Class I price shall be the price computed pursuant to § 1000.50(a) of this chapter for Fulton County, Georgia. (b) [Reserved] | |||||
| 7:7:9.1.1.1.6.1.66.31 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.52 Adjusted Class I differentials. | AMS | See § 1000.52. | ||||||
| 7:7:9.1.1.1.6.1.66.32 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.53 Announcement of class prices, component prices, and advanced pricing factors. | AMS | See § 1000.53. | ||||||
| 7:7:9.1.1.1.6.1.66.33 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.54 Equivalent price. | AMS | See § 1000.54. | ||||||
| 7:7:9.1.1.1.6.1.67.34 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 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 § 1000.76(a)(4) or (d) of this chapter shall be excluded from pricing under this section. (a) Multiply the pounds of skim milk and butterfat in producer milk that were classified in each class pursuant to § 1000.44(c) of this chapter by the applicable skim milk and butterfat prices, and add the resulting amounts; (b) Multiply the pounds of skim milk and butterfat overage assigned to each class pursuant to § 1000.44(a)(11) by the respective skim milk and butterfat prices applicable at the location of the pool plant; (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 § 1000.44(a)(7) and the corresponding step of § 1000.44(b); (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 § 1000.43(d) and the hundredweight of skim milk and butterfat subtracted from Class I pursuant to § 1000.44(a)(3)(i) through (vi) and the corresponding step of § 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… | |||||
| 7:7:9.1.1.1.6.1.67.35 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 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. (a) Uniform butterfat price. The uniform butterfat price per pound, rounded to the nearest one-hundredth cent, shall be computed by: (1) Multiplying the pounds of butterfat in producer milk allocated to each class pursuant to § 1000.44(b) by the respective class butterfat prices; (2) Adding the butterfat value calculated in § 1007.60(e) for other source milk allocated to Class I pursuant to § 1000.43(d) and the steps of § 1000.44(b) that correspond to § 1000.44(a)(3)(i) and § 1000.44(a)(8) by the Class I price; and (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. (b) Uniform skim milk price. The uniform skim milk price per hundredweight, rounded to the nearest cent, shall be computed as follows: (1) Combine into one total the values computed pursuant to § 1007.60 for all handlers; (2) Add an amount equal to the minus location adjustments and subtract an amount equal to the plus location adjustments computed pursuant to § 1007.75; (3) Add an amount equal to not less than one-half of the unobligated balance in the producer-settlement fund; (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 … | |||||
| 7:7:9.1.1.1.6.1.67.36 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 1007.61. | ||||||
| 7:7:9.1.1.1.6.1.68.37 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.70 Producer-settlement fund. | AMS | See § 1000.70. | ||||||
| 7:7:9.1.1.1.6.1.68.38 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 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: (a) The total value of milk of the handler for the month as determined pursuant to § 1007.60; and (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 § 1007.75, applicable at the location of the plant from which received of other source milk for which a value is computed pursuant to § 1007.60(e). | ||||||
| 7:7:9.1.1.1.6.1.68.39 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.72 Payments from the producer-settlement fund. | AMS | No later than one day after the date of payment receipt required under § 1007.71, the market administrator shall pay to each handler the amount, if any, by which the amount computed pursuant to § 1007.71(b) exceeds the amount computed pursuant to § 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (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 § 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 § 1007.75 and proper deductions authorized in writing by the producer. (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 § 1007.72: (i) Multiply the hundredweight of producer skim milk received times the uniform skim milk price for the month; (ii) Multiply the pounds of butterfat received times the uniform butterfat price for the month; (iii) Multiply the hundredweight of producer milk received times the plant location adjustment pursuant to § 1007.75; and (iv) Add the amounts computed in paragraph (a)(2)(i), (ii), and (iii) of this section, and from that sum: (A) Subtract the partial payment made pursuant to paragraph (a)(1) of this section; (B) Subtract the deduction for marketing services pursuant to § 1000.86; (C) Add or subtract for errors made in previous payments to the producer; and (D) Subtract proper deductions authorized in writing by the producer. (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: (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… | |||||
| 7:7:9.1.1.1.6.1.68.41 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.74 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.6.1.68.42 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 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 §§ 1007.73 and 1000.76. | ||||||
| 7:7:9.1.1.1.6.1.68.43 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.76 Payments by a handler operating a partially regulated distributing plant. | AMS | See § 1000.76. | ||||||
| 7:7:9.1.1.1.6.1.68.44 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.77 Adjustment of accounts. | AMS | See § 1000.77. | ||||||
| 7:7:9.1.1.1.6.1.68.45 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.78 Charges on overdue accounts. | AMS | See § 1000.78. | ||||||
| 7:7:9.1.1.1.6.1.69.46 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 1007.81 and out of which shall be made the payments due handlers pursuant to § 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 1000.90 of this chapter), each handler operating a pool plant and each handler specified in § 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 § 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. 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. (b) The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in § 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (1) On or before the 13th day (except as provided in § 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 § 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 § 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. 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. (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 § 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… | |||||
| 7:7:9.1.1.1.6.1.69.49 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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: (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. (2) From the result in paragraph (a)(1) of this section subtract $2.26 per gallon; (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; (4) Add the result in paragraph (a)(3) of this section to $3.67; (5) Divide the result in paragraph (a)(4) of this section by 497; (6) Round the result in paragraph (a)(5) of this section down to five decimal places to compute the mileage rate. (b) The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in § 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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. (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 § 1000.90 of this chapter), each handler operating a pool plant and each handler specified in § 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 § 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. (c) Assessment rate announcement. The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in § 1000.90 of this chapter), the assessment rate per hundredweight pursuant to paragraph (b) of this section for the following month. (d) Payments from the distributing plant delivery credit fund. Payments from the distributing pla… | |||||
| 7:7:9.1.1.1.6.1.70.51 | 7 | Agriculture | X | 1007 | PART 1007—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 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 § 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: (a) Receipts of producer milk (including the handler's own production) other than such receipts by a handler described in § 1000.9(c) of this chapter that were delivered to pool plants of other handlers; (b) Receipts from a handler described in § 1000.9(c) of this chapter; (c) Receipts of concentrated fluid milk products from unregulated supply plants and receipts of nonfluid milk products assigned to Class I use pursuant to § 1000.43(d) of this chapter and other source milk allocated to Class I pursuant to § 1000.44(a)(3) and (8) of this chapter and the corresponding steps of § 1000.44(b) of this chapter, except other source milk that is excluded from the computations pursuant to § 1007.60(d) and (e); and (d) Route disposition in the marketing area from a partially regulated distributing plant that exceeds the skim milk and butterfat subtracted pursuant to § 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—MILK IN THE SOUTHEAST MARKETING AREA | Subpart—Order Regulating Handling | § 1007.86 Deduction for marketing services. | AMS | See § 1000.86. |
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