Fluid Milk Promotion Order, 14974-14976 [05-5814]

Download as PDF 14974 Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations 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 proposed rule concerning this action was published in the Federal Register on January 12, 2005 (70 FR 2027). Copies of the rule were provided to Committee staff, which in turn made it available to spearmint oil producers, handlers, and other interested persons. Finally, the rule was made available through the Internet by the Office of the Federal Register and USDA. A 30-day comment period ending February 11, 2005, was provided to allow interested persons to respond to the proposal. No comments were received. 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. After consideration of all relevant matter presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 985 Marketing agreements, Oils and fats, Reporting and recordkeeping requirements, Spearmint oil. I For the reasons set forth in the preamble, 7 CFR part 985 is amended as follows: 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: I Authority: 7 U.S.C. 601–674. VerDate jul<14>2003 15:02 Mar 23, 2005 Jkt 205001 2. A new § 985.224 is added to read as follows: I (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: March 18, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05–5812 Filed 3–23–05; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1160 [Docket No. DA–04–04] Fluid Milk Promotion Order Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: SUMMARY: This final rule amends the Fluid Milk Promotion Order (Order) by modifying the terms of membership of the Fluid Milk Promotion Board (Board). The amendment requires 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 amendments ensure that the Board is able to equitably represent fluid milk processing constituents and the public interest through the National Fluid Milk Processor Promotion Program. EFFECTIVE DATE: May 1, 2005. FOR FURTHER INFORMATION CONTACT: David R. Jamison, USDA/AMS/Dairy Programs, Promotion and Research Branch, Stop 0233—Room 2958–S, 1400 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Independence Avenue, SW., Washington, DC 20250–0233, (202) 720– 6961, David.Jamison2@usda.gov. SUPPLEMENTARY INFORMATION: This final rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). This final rule has been reviewed under Executive Order 12988, Civil Justice Reform and is not intended to have a retroactive effect. This final 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 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 final 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 February 2005, there were approximately 100 fluid milk processors subject to the provisions of the Order. Most of these processors are considered E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations 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 amendment to the membership provisions requires 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 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 amendments ensure that the Board is able to equitably represent fluid milk processing constituents and the public interest through the National Fluid Milk Processor Promotion Program. The amendment to the Order should not add any additional burden to regulated parties because it relates only to provisions concerning Board membership. Accordingly, the amendment 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 this amendment 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 VerDate jul<14>2003 15:02 Mar 23, 2005 Jkt 205001 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 This document amends the membership provisions of the Order by modifying the terms of membership to 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 proposed these amendments 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 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. Consequently, 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, any change in employment or ownership should 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. 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 and changes in a public member’s affiliation should be treated similarly to processor members. Thus, a public member who changes employment or ceases to continue in the business that the public member was PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 14975 operating when appointed to the Board will be disqualified in a manner similar to a fluid milk processor member. This provides the Secretary with the ability to appoint a new public member should the circumstances warrant a change in representation. The amendments ensure that the Board is able to equitably represent fluid milk processing constituents and the public interest through the National Fluid Milk Processor Promotion Program. One comment was received in response to the proposed amendment. The comment did not address the amendment that was under consideration. List of Subjects in 7 CFR Part 1160 Fluid milk, Milk, Promotion. I For the reasons set forth in the preamble, 7 CFR part 1160 is amended as follows: PART 1160—FLUID MILK PROMOTION PROGRAM 1. The authority citation for 7 CFR Part 1160 continues to read as follows: I Authority: 7 U.S.C. 6401–6417. 2. In § 1160.200, paragraph (a) is revised to read as follows: I § 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 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 E:\FR\FM\24MRR1.SGM 24MRR1 14976 Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations 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: March 18, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05–5814 Filed 3–23–05; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2005–20573; Airspace Docket No. 05–ACE–10] Modification of Class E Airspace; Parsons, KS Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. AGENCY: SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Parsons, KS. The FAA is canceling three, modifying two and establishing three new standard instrument approach procedures (SIAPs) to serve Tri-City Airport, Parsons, KS. These actions require modification of the Class E airspace area extending upward from 700 feet above ground level (AGL) at Parsons, KS. The area is enlarged and two extensions are eliminated to conform to airspace criteria in FAA Orders. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing SIAPs to Tri-City Airport. This direct final rule is effective on 0901 UTC, July 7, 2005. Comments for inclusion in the Rules Docket must be received on or before May 2, 2005. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 DATES: VerDate jul<14>2003 15:02 Mar 23, 2005 Jkt 205001 Seventh Street, SW., Washington, DC 20590–001. You must identify the docket number FAA–2005–20573/ Airspace Docket No. 05–ACE–10, at the beginning of your comments. You may also submit comments on the Internet at https://dms.dot.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800–647–5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, Airspace Branch, ACE–520A, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329–2524. SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from 700 feet above the surface at Parsons, KS. The FAA is canceling very high frequency omni-directional radio range/distance measuring equipment (VOR/DME) area navigation (RNAV) SIAPs to runways 17 and 35 as well as the VOR–A SIAP that serve Tri-City Airport, Parsons, KS. The FAA is also modifying nondirectional radio beacon (NDB) SIAPs to runways 17 and 35 and has developed RNAV global positioning system (GPS) SIAPs to serve runways 17 and 35 as well. In order to comply with airspace requirements set forth in FAA Orders 7400.2E, Procedures for Handling Airspace Matters, and 8260.19C, Flight Procedures and Airspace, the airspace area is expanded from a 6.5-mile to a 7.5-mile radius of Tri-City Airport, the south and northwest extensions are eliminated and the north extension is decreased in width from 2.6 to 2.5 miles each side of the 009° bearing from the Parsons NDB. Additionally, reference to Oswego collocated VOR/tactical air navigational aid (VORTAC) is removed from the legal description of the airspace area. These modifications provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing SIAPs to Tri-City Airport and bring the legal description of the Parsons, KS Class E airspace area into compliance with FAA Orders 7400.2E and 8260.19C. This area will be depicted on appropriate aeronautical charts. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005 of FAA Order 7400.9M, Airspace Designations and Reporting PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Points, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the Federal Register indicating that no adverse or negative comments were received and confirming the date on which the final rule will become effective. If the FAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the Federal Register, and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2005–20573/Airspace Docket No. 05–ACE–10.’’ The postcard will be date/time stamped and returned to the commenter. Agency Findings The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, E:\FR\FM\24MRR1.SGM 24MRR1

Agencies

[Federal Register Volume 70, Number 56 (Thursday, March 24, 2005)]
[Rules and Regulations]
[Pages 14974-14976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5814]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1160

[Docket No. DA-04-04]


Fluid Milk Promotion Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Fluid Milk Promotion Order (Order) 
by modifying the terms of membership of the Fluid Milk Promotion Board 
(Board). The amendment requires 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 amendments ensure 
that the Board is able to equitably represent fluid milk processing 
constituents and the public interest through the National Fluid Milk 
Processor Promotion Program.

EFFECTIVE DATE: May 1, 2005.

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 final rule has been determined to be 
not significant for purposes of Executive Order 12866 and, therefore, 
has not been reviewed by the Office of Management and Budget (OMB).
    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform and is not intended to have a retroactive effect. 
This final 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 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 final 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 
February 2005, there were approximately 100 fluid milk processors 
subject to the provisions of the Order. Most of these processors are 
considered

[[Page 14975]]

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 amendment to the membership provisions requires 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 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 amendments ensure that the Board is able to equitably represent 
fluid milk processing constituents and the public interest through the 
National Fluid Milk Processor Promotion Program.
    The amendment to the Order should not add any additional burden to 
regulated parties because it relates only to provisions concerning 
Board membership. Accordingly, the amendment 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 this amendment 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

    This document amends the membership provisions of the Order by 
modifying the terms of membership to 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 proposed these amendments 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 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. Consequently, 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, any change in employment or ownership 
should 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.
    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 and changes in a public member's affiliation should be 
treated similarly to processor members. Thus, a public member who 
changes employment or ceases to continue in the business that the 
public member was operating when appointed to the Board will be 
disqualified in a manner similar to a fluid milk processor member. This 
provides the Secretary with the ability to appoint a new public member 
should the circumstances warrant a change in representation.
    The amendments ensure that the Board is able to equitably represent 
fluid milk processing constituents and the public interest through the 
National Fluid Milk Processor Promotion Program.
    One comment was received in response to the proposed amendment. The 
comment did not address the amendment that was under consideration.

List of Subjects in 7 CFR Part 1160

    Fluid milk, Milk, Promotion.

0
For the reasons set forth in the preamble, 7 CFR part 1160 is amended 
as follows:

PART 1160--FLUID MILK PROMOTION PROGRAM

0
1. The authority citation for 7 CFR Part 1160 continues to read as 
follows:

    Authority: 7 U.S.C. 6401-6417.

0
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

[[Page 14976]]

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: March 18, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-5814 Filed 3-23-05; 8:45 am]
BILLING CODE 3410-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.