National Fluid Milk Processor Promotion Program; Invitation To Submit Comments on Proposed Amendments to the Fluid Milk Promotion Order, 2032-2034 [05-580]
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules
As previously stated, annual salable
quantities and allotment percentages
have been issued for both classes of
spearmint oil since the order’s
inception. Reporting and recordkeeping
requirements have remained the same
for each year of regulation. These
requirements have been approved by the
Office of Management and Budget under
OMB Control No. 0581–0065.
Accordingly, this rule would not impose
any additional reporting or
recordkeeping requirements on either
small or large spearmint oil producers
and handlers. All reports and forms
associated with this program are
reviewed periodically in order to avoid
unnecessary and duplicative
information collection by industry and
public sector agencies. The USDA has
not identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
The Committee’s meeting was widely
publicized throughout the spearmint oil
industry and all interested persons were
invited to attend the meeting and
participate in Committee deliberations
on all issues. Like all Committee
meetings, the October 6, 2004, meeting
was a public meeting and all entities,
both large and small, were able to
express views on this issue. Finally,
interested persons are invited to submit
information on the regulatory and
informational impacts of this action on
small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 30-day comment period is provided
to allow interested persons the
opportunity to respond to the proposal,
including any regulatory and
informational impacts of this action on
small businesses. This comment period
is deemed appropriate so that a final
determination can be made prior to June
1, 2005, the beginning of the 2005–2006
marketing year. All written comments
received within the comment period
will be considered before a final
determination is made on this matter.
List of Subjects in 7 CFR Part 985
Marketing agreements, Oils and fats,
Reporting and recordkeeping
requirements, Spearmint oil.
For the reasons set forth in the
preamble, 7 CFR part 985 is proposed to
be amended as follows:
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17:43 Jan 11, 2005
Jkt 205001
PART 985—MARKETING ORDER
REGULATING THE HANDLING OF
SPEARMINT OIL PRODUCED IN THE
FAR WEST
1. The authority citation for 7 CFR
part 985 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. A new § 985.224 is added to read
as follows:
Note: This section will not appear in the
Code of Federal Regulations.
§ 985.224 Salable quantities and allotment
percentages—2005–2006 marketing year.
The salable quantity and allotment
percentage for each class of spearmint
oil during the marketing year beginning
on June 1, 2005, shall be as follows:
(a) Class 1 (Scotch) oil—a salable
quantity of 677,409 pounds and an
allotment percentage of 35 percent.
(b) Class 3 (Native) oil—a salable
quantity of 867,958 pounds and an
allotment percentage of 40 percent.
Dated: January 5, 2005.
Kenneth C. Clayton,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 05–581 Filed 1–11–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1160
[Docket No. DA–04–04]
National Fluid Milk Processor
Promotion Program; Invitation To
Submit Comments on Proposed
Amendments to the Fluid Milk
Promotion Order
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document invites
comments on a proposed amendment to
the Fluid Milk Promotion Order (Order).
The proposed amendment, requested by
the National Fluid Milk Processor
Promotion Board (Board), which
administers the Order, would modify
the terms of membership on the Board.
The proposed amendment would
require that any change in a fluid milk
processor member’s employer or change
in ownership of the fluid milk processor
who the member represents would
disqualify that member. The member
would continue to serve on the Board
for a period of up to six months until
a successor was appointed. In addition,
a public member to the Board who
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Sfmt 4702
changes employment, gains
employment with a new employer, or
ceases to continue in the same business
would be disqualified in a manner
similar to a fluid milk processor
member. The Board believes that the
proposed amendments are necessary to
ensure the Board is able to equitably
represent fluid milk processing
constituents and the public interest
through the National Fluid Milk
Processor Promotion Program.
DATES: Comments must be submitted on
or before February 11, 2005.
ADDRESSES: Comments should be filed
with USDA/AMS/Dairy Programs,
Promotion and Research Branch, Stop
0233—Room 2958–S, 1400
Independence Avenue, SW.,
Washington, DC 20250–0233.
Comments may be faxed to (202) 720–
0285 or e-mailed to
David.Jamison2@usda.gov. You may
send your comments by using the
electronic process available at the
Federal Rulemaking portal at https://
www.regulations.gov. Comments, which
should reference the title of the action
and the docket number, will be made
available for public inspection at the
above address during regular business
hours. Comments also will be posted at:
https://www.ams.usda.gov/dairy/
index.htm.
FOR FURTHER INFORMATION CONTACT:
David R. Jamison, USDA/AMS/Dairy
Programs, Promotion and Research
Branch, Stop 0233—Room 2958–S, 1400
Independence Avenue, SW.,
Washington, DC 20250–0233, (202) 720–
6961, David.Jamison2@usda.gov.
SUPPLEMENTARY INFORMATION: This
proposed rule has been determined to
be not significant for purposes of
Executive Order 12866 and, therefore,
has not been reviewed by Office of
Management and Budget (OMB).
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform and is not intended to
have a retroactive effect. If adopted, this
proposed rule would not preempt any
State or local laws, regulations, or
policies unless they present an
irreconcilable conflict with this rule.
The Fluid Milk Promotion Act of 1990
(Act), as amended, authorizes the Order.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 1999K of the Act, any person
subject to the Order may file with the
Secretary a petition stating that the
Order, any provision of the Order, or
any obligation imposed in connection
with the Order is not in accordance with
the law and request a modification of
the Order or to be exempted from the
E:\FR\FM\12JAP1.SGM
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules
Order. A person subject to an Order is
afforded the opportunity for a hearing
on the petition. After a hearing, the
Secretary would rule on the petition.
The Act provides that the district court
of the United States in any district in
which the person is an inhabitant, or
has his principal place of business, has
jurisdiction to review the Secretary’s
ruling on the petition, provided a
complaint is filed not later than 20 days
after the date of the entry of the ruling.
Regulatory Flexibility Act and
Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), the
Agricultural Marketing Service (AMS)
has considered the economic impact of
this action on small entities and has
certified that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
Small businesses in the fluid milk
processing industry have been defined
by the Small Business Administration as
those processors employing not more
than 500 employees. For purposes of
determining a processor’s size, if the
plant is part of a larger company
operating multiple plants that
collectively exceed the 500-employee
limit, the plant will be considered a
large business even if the local plant has
fewer than 500 employees. As of March
2004, there were approximately 100
fluid milk processors subject to the
provisions of the Order. Most of these
processors are considered small entities.
The implementation of this rule will not
affect the number of fluid milk
processors subject to the Order.
The Fluid Milk Promotion Order (7
CFR Part 1160) is authorized under the
Fluid Milk Promotion Act of 1990 (Act)
(7 U.S.C. 6401 et seq.). The Order
provides for a 20-member Board with 15
members representing geographic
regions and five at-large members. To
the extent practicable, members
representing geographic regions should
represent processing operations of
differing sizes. No fluid milk processor
shall be represented on the Board by
more than three members. The at-large
members shall include at least three
fluid milk processors and at least one
member from the general public.
The Board has proposed amendments
to the membership provisions of the
Order. The proposed amendment would
require that any change in a fluid milk
processor member’s employer or change
in ownership of the fluid milk processor
who the member represents would
disqualify that member. The member
would continue to serve on the Board
for a period of up to six months until
a successor was appointed. In addition,
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17:43 Jan 11, 2005
Jkt 205001
a public member to the Board who
changes employment or ceases to
continue in the same business would be
disqualified in a manner similar to a
fluid milk processor member. These
changes would address (1) potential
movement of members from one fluid
milk processor to another fluid milk
processor or any other change in
company affiliation; and (2) changes in
affiliation of at-large public members.
The Board believes that the proposed
amendments are necessary to ensure the
Board is able to equitably represent
fluid milk processing constituents and
the public interest through the National
Fluid Milk Processor Promotion
Program.
The proposed amendment to the
Order should not add any additional
burden to regulated parties because it
relates only to provisions concerning
Board membership. Accordingly, the
proposed amendments will not have a
significant economic impact on a
substantial number of small entities.
A review of reporting requirements
was completed under the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35). It was determined that
these proposed amendments would
have no impact on reporting,
recordkeeping, or other compliance
requirements because they would
remain the same to the current
requirements. No new forms are
proposed and no additional reporting
requirements would be necessary.
This notice does not require
additional information collection that
requires clearance by the OMB beyond
currently approved information
collection. The primary sources of data
used to complete the forms are routinely
used in most business transactions.
Forms require only a minimal amount of
information which can be supplied
without data processing equipment or a
trained statistical staff. Thus, the
information collection and reporting
burden is relatively small. Requiring the
same reports for all handlers does not
significantly disadvantage any handler
that is smaller than the industry
average.
Statement of Consideration
The proposed rule, if adopted, would
amend the Order by modifying the
membership qualification for the Board.
Section 1160.200 of the Order sets out
the criteria for the Secretary to appoint
members to the Board where 15
members represent geographic regions
and 5 are at-large members of the Board.
The Board is proposing the attached
amendment to address (1) potential
movement of members from one fluid
milk processor to another fluid milk
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Sfmt 4702
2033
processor; and (2) changes in affiliation
of at-large public members.
The Board indicates that the fluid
milk industry is a dynamic marketplace
where mergers and other purchase
activities are commonplace. As a result,
there have already been circumstances
where members representing a fluid
milk processor have been subject to
employment or ownership changes due
to such mergers and other purchase
activities. The Board believes that any
change in a fluid milk processor
member’s employer or change in
ownership of the fluid milk processor
who the member represents should be
subject to further examination.
Accordingly, the Board has
recommended that any change in
employment of ownership would
disqualify any member. The member
would continue to serve on the Board
for a period of up to six months until
a successor was appointed.
The Board also believes that at-large
public members appointed by the
Secretary should be subject to the same
criteria for disqualification as processor
representatives serving on the Board.
Pursuant to the Order, the Secretary
may appoint up to two members from
the general public. Since the Board is
comprised of only 20 members, these atlarge public representatives play an
important role in guiding the Board’s
operations. Normally, these members
have a high level of expertise in a
certain area and provide an invaluable
perspective in the Board’s deliberations.
However, the Board believes that
changes in a public member’s affiliation
should be treated similarly to processor
members. Therefore, the Board
recommended that should a public
member change employment or cease to
continue in the business that the public
member was operating when appointed
to the Board, the public member would
be disqualified in a manner similar to a
fluid milk processor member. This
would provide the Secretary with the
ability to appoint a new public member
should the circumstances warrant a
change in representation.
The Board believes that the proposed
amendment would ensure the Board is
able to equitably represent fluid milk
processing constituents and the public
interest through the National Fluid Milk
Processor Promotion Program.
Interested parties are invited to
comment on this proposed rule. A 30day comment period is provided. This
period is deemed appropriate so as to
implement the proposed changes, if
adopted, as soon as possible, in order to
avoid disruption of Board operations
and to ensure that the Board represents
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules
its constituents equitably, both
geographically and on a volume basis.
List of Subjects in 7 CFR Part 1160
Fluid milk, Milk, Promotion.
For the reasons set forth in the
preamble, it is proposed that 7 CFR part
1160 be amended as follows:
Dated: January 5, 2005.
Kenneth C. Clayton,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 05–580 Filed 1–11–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
PART 1160—FLUID MILK PROMOTION
PROGRAM
Agricultural Marketing Service
1. The authority citation for 7 CFR
Part 1160 continues to read as follows:
7 CFR Part 1205
Authority: 7 U.S.C. 6401–6417.
[Doc. No. CN–04–001]
2. In § 1160.200, paragraph (a) is
revised to read as follows:
Cotton Board Rules and Regulations:
Adjusting Supplemental Assessment
on Imports (2004 Amendments)
§ 1160.200 Establishment and
membership.
AGENCY:
(a) There is hereby established a
National Fluid Milk Processor
Promotion Board of 20 members, 15 of
whom shall represent geographic
regions and five of whom shall be atlarge members of the Board. To the
extent practicable, members
representing geographic regions shall
represent fluid milk processing
operations of differing sizes. No fluid
milk processor shall be represented on
the Board by more than three members.
The at-large members shall include at
least three fluid milk processors and at
least one member from the general
public. Except for the non-processor
member or members from the general
public, nominees appointed to the
Board must be active owners or
employees of a fluid milk processor.
The failure of such a member to own or
work for such fluid milk processor shall
disqualify that member for membership
on the Board except that such member
shall continue to serve on the Board for
a period not to exceed 6 months
following the disqualification or until
appointment of a successor Board
member to such position, whichever is
sooner, provided that such person
continues to meet the criteria for serving
on the Board as a processor
representative. Should a member
representing the general public cease to
be employed by the entity employing
that member when appointed, gain
employment with a new employer, or
cease to own or operate the business
which that member owned or operated
at the date of appointment, such
member shall be disqualified for
membership on the Board, except that
such member shall continue to serve on
the Board for a period not to exceed 6
months, or until appointment of a
successor Board member, whichever is
sooner.
*
*
*
*
*
VerDate jul<14>2003
17:43 Jan 11, 2005
Jkt 205001
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
SUMMARY: The Agricultural Marketing
Service (AMS) is proposing to amend
the Cotton Board Rules and Regulations
by adjusting the total rate of assessment
per kilogram for imported cotton
collected for use by the Cotton Research
and Promotion Program. The proposed
total rate of assessment would be
calculated by adding together the $1 per
bale equivalent assessment and the
supplemental assessment, and adjusting
the sum to account for the estimated
amount of U.S. cotton contained in
imported textile products. The proposed
adjustment would reduce the assessable
portion of the cotton content of
imported textile products by the
estimated average amount of U.S. cotton
contained therein. Exemptions and
refunds would continue to be provided
for importers wishing to document the
U.S. cotton content of specific goods.
The proposed rule would continue to
ensure that the total assessment
collected on imported cotton and the
cotton content of imported products
remain similar to those paid on
domestically produced cotton, and that
the U.S. cotton content of imported
products is not subject to more than one
assessment.
DATES: Comments must be received on
or before March 14, 2005.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposed rule to
Whitney Rick, Assistant to the Deputy
Administrator, Cotton Program,
Agricultural Marketing Service, USDA,
1400 Independence Ave., SW., STOP
0224 Washington, DC 20250–0224.
Comments should be submitted in
triplicate. Comments may also be
submitted electronically to: https://
www.cottoncomments@usda.gov or
https://www.regulations.gov. All
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
comments should reference the docket
number and the date and page number
of this issue of the Federal Register. All
comments received will be made
available for public inspection at Cotton
Program, AMS, USDA, Room 2641–S,
1400 Independence Ave., SW.,
Washington, DC 20250 during regular
business hours. A copy of this notice
may be found at: https://
www.ams.usda.gov/cotton/
rulemaking.htm.
FOR FURTHER INFORMATION CONTACT:
Whitney Rick, Assistant to the Deputy
Administrator, Cotton Program, AMS,
USDA, 1400 Independence Ave., SW.,
Stop 0224, Washington, DC 20250–
0224, telephone (202) 720–2259,
facsimile (202) 690–1718, or e-mail at
whitney.rick@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action.
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. This proposed
rule would not preempt any State or
local laws, regulations, or policies,
unless they present an irreconcilable
conflict with this rule.
The Cotton Research and Promotion
Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
Section 12 of the Act, any person
subject to an order may file with the
Secretary a petition stating that the
order, any provision of the plan, or any
obligation imposed in connection with
the order is not in accordance with law
and requesting a modification of the
order or to be exempted therefrom. Such
person is afforded the opportunity for a
hearing on the petition. After the
hearing, the Secretary would rule on the
petition. The Act provides that the
District Court of the United States in
any district in which the person is an
inhabitant, or has his principal place of
business, has jurisdiction to review the
Secretary’s ruling, provided a complaint
is filed within 20 days from the date of
the entry of ruling.
Regulatory Flexibility Act
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) AMS has considered
the economic impact of this action on
small entities and has determined that
its implementation will not have a
E:\FR\FM\12JAP1.SGM
12JAP1
]]>Agencies
[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Proposed Rules]
[Pages 2032-2034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-580]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1160
[Docket No. DA-04-04]
National Fluid Milk Processor Promotion Program; Invitation To
Submit Comments on Proposed Amendments to the Fluid Milk Promotion
Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document invites comments on a proposed amendment to the
Fluid Milk Promotion Order (Order). The proposed amendment, requested
by the National Fluid Milk Processor Promotion Board (Board), which
administers the Order, would modify the terms of membership on the
Board. The proposed amendment would require that any change in a fluid
milk processor member's employer or change in ownership of the fluid
milk processor who the member represents would disqualify that member.
The member would continue to serve on the Board for a period of up to
six months until a successor was appointed. In addition, a public
member to the Board who changes employment, gains employment with a new
employer, or ceases to continue in the same business would be
disqualified in a manner similar to a fluid milk processor member. The
Board believes that the proposed amendments are necessary to ensure the
Board is able to equitably represent fluid milk processing constituents
and the public interest through the National Fluid Milk Processor
Promotion Program.
DATES: Comments must be submitted on or before February 11, 2005.
ADDRESSES: Comments should be filed with USDA/AMS/Dairy Programs,
Promotion and Research Branch, Stop 0233--Room 2958-S, 1400
Independence Avenue, SW., Washington, DC 20250-0233. Comments may be
faxed to (202) 720-0285 or e-mailed to David.Jamison2@usda.gov. You may
send your comments by using the electronic process available at the
Federal Rulemaking portal at https://www.regulations.gov. Comments,
which should reference the title of the action and the docket number,
will be made available for public inspection at the above address
during regular business hours. Comments also will be posted at: https://
www.ams.usda.gov/dairy/index.htm.
FOR FURTHER INFORMATION CONTACT: David R. Jamison, USDA/AMS/Dairy
Programs, Promotion and Research Branch, Stop 0233--Room 2958-S, 1400
Independence Avenue, SW., Washington, DC 20250-0233, (202) 720-6961,
David.Jamison2@usda.gov.
SUPPLEMENTARY INFORMATION: This proposed rule has been determined to be
not significant for purposes of Executive Order 12866 and, therefore,
has not been reviewed by Office of Management and Budget (OMB).
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform and is not intended to have a retroactive effect.
If adopted, this proposed rule would not preempt any State or local
laws, regulations, or policies unless they present an irreconcilable
conflict with this rule.
The Fluid Milk Promotion Act of 1990 (Act), as amended, authorizes
the Order. The Act provides that administrative proceedings must be
exhausted before parties may file suit in court. Under section 1999K of
the Act, any person subject to the Order may file with the Secretary a
petition stating that the Order, any provision of the Order, or any
obligation imposed in connection with the Order is not in accordance
with the law and request a modification of the Order or to be exempted
from the
[[Page 2033]]
Order. A person subject to an Order is afforded the opportunity for a
hearing on the petition. After a hearing, the Secretary would rule on
the petition. The Act provides that the district court of the United
States in any district in which the person is an inhabitant, or has his
principal place of business, has jurisdiction to review the Secretary's
ruling on the petition, provided a complaint is filed not later than 20
days after the date of the entry of the ruling.
Regulatory Flexibility Act and Paperwork Reduction Act
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities and has certified that
this proposed rule will not have a significant economic impact on a
substantial number of small entities. Small businesses in the fluid
milk processing industry have been defined by the Small Business
Administration as those processors employing not more than 500
employees. For purposes of determining a processor's size, if the plant
is part of a larger company operating multiple plants that collectively
exceed the 500-employee limit, the plant will be considered a large
business even if the local plant has fewer than 500 employees. As of
March 2004, there were approximately 100 fluid milk processors subject
to the provisions of the Order. Most of these processors are considered
small entities. The implementation of this rule will not affect the
number of fluid milk processors subject to the Order.
The Fluid Milk Promotion Order (7 CFR Part 1160) is authorized
under the Fluid Milk Promotion Act of 1990 (Act) (7 U.S.C. 6401 et
seq.). The Order provides for a 20-member Board with 15 members
representing geographic regions and five at-large members. To the
extent practicable, members representing geographic regions should
represent processing operations of differing sizes. No fluid milk
processor shall be represented on the Board by more than three members.
The at-large members shall include at least three fluid milk processors
and at least one member from the general public.
The Board has proposed amendments to the membership provisions of
the Order. The proposed amendment would require that any change in a
fluid milk processor member's employer or change in ownership of the
fluid milk processor who the member represents would disqualify that
member. The member would continue to serve on the Board for a period of
up to six months until a successor was appointed. In addition, a public
member to the Board who changes employment or ceases to continue in the
same business would be disqualified in a manner similar to a fluid milk
processor member. These changes would address (1) potential movement of
members from one fluid milk processor to another fluid milk processor
or any other change in company affiliation; and (2) changes in
affiliation of at-large public members.
The Board believes that the proposed amendments are necessary to
ensure the Board is able to equitably represent fluid milk processing
constituents and the public interest through the National Fluid Milk
Processor Promotion Program.
The proposed amendment to the Order should not add any additional
burden to regulated parties because it relates only to provisions
concerning Board membership. Accordingly, the proposed amendments will
not have a significant economic impact on a substantial number of small
entities.
A review of reporting requirements was completed under the
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). It was
determined that these proposed amendments would have no impact on
reporting, recordkeeping, or other compliance requirements because they
would remain the same to the current requirements. No new forms are
proposed and no additional reporting requirements would be necessary.
This notice does not require additional information collection that
requires clearance by the OMB beyond currently approved information
collection. The primary sources of data used to complete the forms are
routinely used in most business transactions. Forms require only a
minimal amount of information which can be supplied without data
processing equipment or a trained statistical staff. Thus, the
information collection and reporting burden is relatively small.
Requiring the same reports for all handlers does not significantly
disadvantage any handler that is smaller than the industry average.
Statement of Consideration
The proposed rule, if adopted, would amend the Order by modifying
the membership qualification for the Board. Section 1160.200 of the
Order sets out the criteria for the Secretary to appoint members to the
Board where 15 members represent geographic regions and 5 are at-large
members of the Board. The Board is proposing the attached amendment to
address (1) potential movement of members from one fluid milk processor
to another fluid milk processor; and (2) changes in affiliation of at-
large public members.
The Board indicates that the fluid milk industry is a dynamic
marketplace where mergers and other purchase activities are
commonplace. As a result, there have already been circumstances where
members representing a fluid milk processor have been subject to
employment or ownership changes due to such mergers and other purchase
activities. The Board believes that any change in a fluid milk
processor member's employer or change in ownership of the fluid milk
processor who the member represents should be subject to further
examination. Accordingly, the Board has recommended that any change in
employment of ownership would disqualify any member. The member would
continue to serve on the Board for a period of up to six months until a
successor was appointed.
The Board also believes that at-large public members appointed by
the Secretary should be subject to the same criteria for
disqualification as processor representatives serving on the Board.
Pursuant to the Order, the Secretary may appoint up to two members from
the general public. Since the Board is comprised of only 20 members,
these at-large public representatives play an important role in guiding
the Board's operations. Normally, these members have a high level of
expertise in a certain area and provide an invaluable perspective in
the Board's deliberations. However, the Board believes that changes in
a public member's affiliation should be treated similarly to processor
members. Therefore, the Board recommended that should a public member
change employment or cease to continue in the business that the public
member was operating when appointed to the Board, the public member
would be disqualified in a manner similar to a fluid milk processor
member. This would provide the Secretary with the ability to appoint a
new public member should the circumstances warrant a change in
representation.
The Board believes that the proposed amendment would ensure the
Board is able to equitably represent fluid milk processing constituents
and the public interest through the National Fluid Milk Processor
Promotion Program.
Interested parties are invited to comment on this proposed rule. A
30-day comment period is provided. This period is deemed appropriate so
as to implement the proposed changes, if adopted, as soon as possible,
in order to avoid disruption of Board operations and to ensure that the
Board represents
[[Page 2034]]
its constituents equitably, both geographically and on a volume basis.
List of Subjects in 7 CFR Part 1160
Fluid milk, Milk, Promotion.
For the reasons set forth in the preamble, it is proposed that 7
CFR part 1160 be amended as follows:
PART 1160--FLUID MILK PROMOTION PROGRAM
1. The authority citation for 7 CFR Part 1160 continues to read as
follows:
Authority: 7 U.S.C. 6401-6417.
2. In Sec. 1160.200, paragraph (a) is revised to read as follows:
Sec. 1160.200 Establishment and membership.
(a) There is hereby established a National Fluid Milk Processor
Promotion Board of 20 members, 15 of whom shall represent geographic
regions and five of whom shall be at-large members of the Board. To the
extent practicable, members representing geographic regions shall
represent fluid milk processing operations of differing sizes. No fluid
milk processor shall be represented on the Board by more than three
members. The at-large members shall include at least three fluid milk
processors and at least one member from the general public. Except for
the non-processor member or members from the general public, nominees
appointed to the Board must be active owners or employees of a fluid
milk processor. The failure of such a member to own or work for such
fluid milk processor shall disqualify that member for membership on the
Board except that such member shall continue to serve on the Board for
a period not to exceed 6 months following the disqualification or until
appointment of a successor Board member to such position, whichever is
sooner, provided that such person continues to meet the criteria for
serving on the Board as a processor representative. Should a member
representing the general public cease to be employed by the entity
employing that member when appointed, gain employment with a new
employer, or cease to own or operate the business which that member
owned or operated at the date of appointment, such member shall be
disqualified for membership on the Board, except that such member shall
continue to serve on the Board for a period not to exceed 6 months, or
until appointment of a successor Board member, whichever is sooner.
* * * * *
Dated: January 5, 2005.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 05-580 Filed 1-11-05; 8:45 am]
BILLING CODE 3410-02-P
