National Fluid Milk Processor Promotion Program, 29389-29390 [E8-11355]
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Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Rules and Regulations
employee with lower retention standing
except:
(1) As required under § 351.606 when
an employee is retained under a
mandatory exception or under § 351.806
when an employee is entitled to a new
written notice of reduction in force; or
(2) As permitted under § 351.607
when an employee is retained under a
permissive continuing exception or
under § 351.608 when an employee is
retained under a permissive temporary
exception.
(b) At its option an agency may
provide for intervening displacement
within the competitive level before final
release of the employee with the lowestretention standing from the competitive
level.
(c) When employees in the same
retention subgroup have identical
service dates and are tied for release
from a competitive level, the agency
may select any tied employee for
release.
cprice-sewell on PROD1PC69 with RULES
*
*
*
*
(g) If a competitive area includes more
than one local commuting area, the
agency determines assignment rights
under this part on the basis of the
representative rates for one local
commuting area within the competitive
area (i.e., the same local commuting area
used to establish competitive levels
under § 351.403(c)(4), (5), and (6)).
(h) If a competitive area includes
positions under one or more pay bands,
a released employee shall be assigned in
accordance with paragraphs (a) through
(d) of this section to a position in an
equivalent pay band or one pay band
lower, as determined by the agency,
than the pay band from which released.
A preference eligible with a serviceconnected disability of 30 percent or
more must be assigned in accordance
with paragraphs (a) through (d) of this
section to a position in an equivalent
pay band or up to two pay bands lower,
as determined by the agency, than the
pay band from which released.
(i) If a competitive area includes
positions under one or more pay bands,
and other positions not covered by a pay
band (e.g., GS and/or FWS positions),
the agency provides assignment rights
under this part by:
(1) Determining the representative
rate of positions not covered by a pay
band, consistent with § 351.203;
(2) Determining the representative
rate of each pay band, or competitive
level within the pay band(s), consistent
with § 351.203;
14:17 May 20, 2008
Jkt 214001
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1160
[Docket No. AMS–DA–07–0156; DA–07–05]
National Fluid Milk Processor
Promotion Program
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
§ 351.701 Assignment involving
displacement.
VerDate Aug<31>2005
[FR Doc. E8–11283 Filed 5–20–08; 8:45 am]
AGENCY:
5. In § 351.701, paragraphs (g), (h),
and (i) are added, to read as follows:
I
*
(3) As determined by the agency,
providing assignment rights under
paragraph (b) of this section (bumping),
or paragraphs (c) and (d) of this section
(retreating), consistent with the grade
intervals covered in paragraphs (b)(2)
and (c)(2) of this section, and the pay
band intervals in paragraph (h) of this
section.
SUMMARY: This final rule amends the
Fluid Milk Promotion Order (Order) by
reducing the burden of late-payment
charges applied to processors who
mistakenly underreport the amount of
assessments owed to the National Fluid
Milk Processor Promotion Board
(Board), provided that the processor has
not made more than two reporting errors
in the prior 12 months.
DATES: Effective Date: July 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Whitney A. Rick, Chief, Promotion and
Research Branch, Dairy Programs, AMS,
USDA, 1400 Independence Ave., SW.,
Room 2958–S, Stop 0233, Washington,
DC 20250–0233. Phone: (202) 720–6909.
E-mail: Whitney.Rick@usda.gov.
SUPPLEMENTARY INFORMATION: This final
rule adopts a proposal submitted by the
Board to reduce the burden of late
payment fees applied to processors who
underreport the amount of assessments
they owe due to unintentional errors or
miscalculations. Specifically, the
amendment reduces late-payment
charges provided that the processor has
not made more than two reporting errors
in the prior 12 months.
The Fluid Milk Promotion Order is
issued under the Fluid Milk Promotion
Act as amended (Act) [7 U.S.C. 6401–
6417].
29389
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have a retroactive effect. This rule
will not preempt any State or local laws,
regulations, or policies unless they
present an irreconcilable conflict with
this rule.
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 of Agriculture (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. Such
person 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
The Agricultural Marketing Service
(AMS) has determined that this final
rule will not have a significant
economic impact on a substantial
number of small entities, as defined by
the Regulatory Flexibility Act (5 U.S.C.
601–612). The final rule imposes no
new burden on the industry but will in
fact reduce late-payment charges
applied to processors who underreport
the amount of assessments which they
owe to the Board provided that the
processors have not made more than
two reporting errors in the prior 12
months.
Small businesses in the fluid milk
processing industry have been defined
by the Small Business Administration
(13 CFR 121.201) as those processors
employing not more than 500
employees. As of April 2008, there were
approximately 100 fluid milk processors
subject to the provisions of the Order.
While some processors own multiple
plants, the majority of processors own
just one plant with fewer than 500
employees, and are, therefore, small
entities.
Executive Order 12866
Paperwork Reduction Act
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action.
Information collection requirements
and recordkeeping provisions contained
in 7 CFR Part 1250 have been previously
approved by the Office of Management
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
E:\FR\FM\21MYR1.SGM
21MYR1
29390
Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Rules and Regulations
and Budget and assigned OMB Control
No. 0581–0093 under the Paperwork
Reduction Act of 1980.
cprice-sewell on PROD1PC69 with RULES
Prior Documents in This Proceeding
Proposed Rule: Issued January 18,
2008; published January 28, 2008 (73 FR
4762).
Statement of Consideration
This final rule amends the Fluid Milk
Promotion order (Order) by reducing the
burden of late payment fees on
processors who mistakenly underreport
their pounds of fluid milk processed
and marketed commercially (excluding
direct delivery to the residence of a
consumer). Processors will not be
required to pay late-fee charges on
additional assessments owed the
National Fluid Milk Processor board
(Board) provided: (1) that no more than
two erroneous reports have occurred in
the preceding 12-month period and; (2)
the processor pays its past due
assessments not later than the last day
of the month following notification by
the Board that additional assessments
are due. If more than two erroneous
reports have occurred in the preceding
12-month period or the processor fails
to submit a past due assessment when
notified, late-payment charges will be
assessed in accordance with § 1160.214
of 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. 6401–6417). The Order, in
§ 1160.211(a)(1) provides that each fluid
milk processor shall pay to the Board an
assessment of $0.20 per hundredweight
on fluid milk products processed and
marketed commercially in consumertype packages in the United States by
such fluid milk processors. The Order
further provides in § 1160.213 that if the
Board or the Secretary determines
through an audit of a processor’s
reports, records, books or accounts or
through some other means that
additional money is due to the Board,
the Board is to notify that processor of
the amount due or overpaid. If the
processor owes money to the Board, the
processor is to remit the underpaid
amount by the next due date as
provided in § 1160.211 of the Order. If
the processor has overpaid, that amount
is credited to the processor’s account
and applied against amounts due in
succeeding months.
At the request and on behalf of the
Board, Milk Market Administrators
verify the total pounds of fluid milk
products processed and commercially
marketed in consumer-type packages
(excluding delivering directly to the
residence of a consumer) that were
VerDate Aug<31>2005
14:17 May 20, 2008
Jkt 214001
reported to the Board by the milk
processors. Total fluid milk products are
the sum of fluid milk product route
sales and packaged fluid milk products
sold to any other plant, less any fluid
milk products purchased from other
plants. The results of the Market
Administrators’ verification are
forwarded to the Board, and, in
accordance with § 1160.214(a), any
unpaid assessments are increased by 1.5
percent each month beginning with the
day following the date such assessments
were due.
Interested parties were provided an
opportunity to file comments on the
proposed rule. One comment, filed on
behalf of the Milk Processor Education
Program (MilkPEP) supported the
proposed changes to the Order. MilkPEP
stated that the proposed changes would
encourage and ensure the receipt of
assessments owed to the Board.
List of Subjects in 7 CFR Part 1160
Fluid milk, Milk, Promotion.
For the reasons set forth in the
preamble, 7 CFR part 1160 is amended
as follows:
I
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. Section 1160.213 is revised to read
as follows:
I
§ 1160.213
Adjustment of accounts.
Whenever the Board or the Secretary
determines through an audit of a
processor’s reports, records, books or
accounts or through some other means
that additional money is due the Board
or to such processor from the Board, the
Board shall notify that person of the
amount due or overpaid. If the processor
owes money to the Board, it shall remit
that amount by the next date for
remitting assessments as provided in
§ 1160.211. For the first two erroneous
reports submitted by a processor in the
preceding 12-month period, latepayment charges assessed pursuant to
§ 1160.214 shall not begin to accrue
until the day following such date. For
all additional erroneous reports
submitted by a processor during the 12month period, late-payment charges
shall accrue from the date the payment
was due. If the processor has overpaid,
that amount shall be credited to its
account and applied against amounts
due in succeeding months.
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Dated: May 15, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–11355 Filed 5–20–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1212 and 1240
[Docket No. AMS–FV–06–0176; FV–03–704–
FR]
RIN 0581–AC37
Establishment of Honey Packers and
Importers Research, Promotion,
Consumer Education and Industry
Information Order and Suspension of
Assessments Under the Honey
Research, Promotion, and Consumer
Information Order
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule establishes the
Honey Packers and Importers Research,
Promotion, Consumer Education and
Industry Information Order (Packers
Order). The Packers Order is authorized
under the Commodity Promotion,
Research, and Information Act of 1996
(1996 Act). Under the Packers Order,
first handlers and importers will pay an
assessment of $0.01 per pound on honey
and honey products. First handlers and
importers of less than 250,000 pounds
of honey and honey products annually
will be exempt from the assessment.
The assessments will be remitted to the
Honey Packers and Importers Board
(Board) to conduct a generic program of
promotion, research, consumer
education, and industry information to
maintain and expand markets for honey
and honey products. A referendum was
conducted among honey first handlers
and importers between April 2 and
April 16, 2008. Seventy-eight percent of
those covered under the Packers
Order—representing ninety-two percent
of the volume of those voting in the
referendum—favored implementation of
the program. This rule also suspends the
requirement of the existing Honey
Research, Promotion, and Consumer
Information Order (Current Order) and
regulations authorized under the Honey
Research, Promotion, and Consumer
Information Act (Honey Act) that honey
producers and importers pay to the
National Honey Board (Current Board)
an assessment in the amount of $0.01
per pound on honey and honey
E:\FR\FM\21MYR1.SGM
21MYR1
]]>Agencies
[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Rules and Regulations]
[Pages 29389-29390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11355]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1160
[Docket No. AMS-DA-07-0156; DA-07-05]
National Fluid Milk Processor Promotion Program
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Fluid Milk Promotion Order (Order)
by reducing the burden of late-payment charges applied to processors
who mistakenly underreport the amount of assessments owed to the
National Fluid Milk Processor Promotion Board (Board), provided that
the processor has not made more than two reporting errors in the prior
12 months.
DATES: Effective Date: July 1, 2008.
FOR FURTHER INFORMATION CONTACT: Whitney A. Rick, Chief, Promotion and
Research Branch, Dairy Programs, AMS, USDA, 1400 Independence Ave.,
SW., Room 2958-S, Stop 0233, Washington, DC 20250-0233. Phone: (202)
720-6909. E-mail: Whitney.Rick@usda.gov.
SUPPLEMENTARY INFORMATION: This final rule adopts a proposal submitted
by the Board to reduce the burden of late payment fees applied to
processors who underreport the amount of assessments they owe due to
unintentional errors or miscalculations. Specifically, the amendment
reduces late-payment charges provided that the processor has not made
more than two reporting errors in the prior 12 months.
The Fluid Milk Promotion Order is issued under the Fluid Milk
Promotion Act as amended (Act) [7 U.S.C. 6401-6417].
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 final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have a retroactive
effect. This rule will not preempt any State or local laws,
regulations, or policies unless they present an irreconcilable conflict
with this rule.
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 of
Agriculture (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. Such person 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
The Agricultural Marketing Service (AMS) has determined that this
final rule will not have a significant economic impact on a substantial
number of small entities, as defined by the Regulatory Flexibility Act
(5 U.S.C. 601-612). The final rule imposes no new burden on the
industry but will in fact reduce late-payment charges applied to
processors who underreport the amount of assessments which they owe to
the Board provided that the processors have not made more than two
reporting errors in the prior 12 months.
Small businesses in the fluid milk processing industry have been
defined by the Small Business Administration (13 CFR 121.201) as those
processors employing not more than 500 employees. As of April 2008,
there were approximately 100 fluid milk processors subject to the
provisions of the Order. While some processors own multiple plants, the
majority of processors own just one plant with fewer than 500
employees, and are, therefore, small entities.
Paperwork Reduction Act
Information collection requirements and recordkeeping provisions
contained in 7 CFR Part 1250 have been previously approved by the
Office of Management
[[Page 29390]]
and Budget and assigned OMB Control No. 0581-0093 under the Paperwork
Reduction Act of 1980.
Prior Documents in This Proceeding
Proposed Rule: Issued January 18, 2008; published January 28, 2008
(73 FR 4762).
Statement of Consideration
This final rule amends the Fluid Milk Promotion order (Order) by
reducing the burden of late payment fees on processors who mistakenly
underreport their pounds of fluid milk processed and marketed
commercially (excluding direct delivery to the residence of a
consumer). Processors will not be required to pay late-fee charges on
additional assessments owed the National Fluid Milk Processor board
(Board) provided: (1) that no more than two erroneous reports have
occurred in the preceding 12-month period and; (2) the processor pays
its past due assessments not later than the last day of the month
following notification by the Board that additional assessments are
due. If more than two erroneous reports have occurred in the preceding
12-month period or the processor fails to submit a past due assessment
when notified, late-payment charges will be assessed in accordance with
Sec. 1160.214 of 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. 6401-6417).
The Order, in Sec. 1160.211(a)(1) provides that each fluid milk
processor shall pay to the Board an assessment of $0.20 per
hundredweight on fluid milk products processed and marketed
commercially in consumer-type packages in the United States by such
fluid milk processors. The Order further provides in Sec. 1160.213
that if the Board or the Secretary determines through an audit of a
processor's reports, records, books or accounts or through some other
means that additional money is due to the Board, the Board is to notify
that processor of the amount due or overpaid. If the processor owes
money to the Board, the processor is to remit the underpaid amount by
the next due date as provided in Sec. 1160.211 of the Order. If the
processor has overpaid, that amount is credited to the processor's
account and applied against amounts due in succeeding months.
At the request and on behalf of the Board, Milk Market
Administrators verify the total pounds of fluid milk products processed
and commercially marketed in consumer-type packages (excluding
delivering directly to the residence of a consumer) that were reported
to the Board by the milk processors. Total fluid milk products are the
sum of fluid milk product route sales and packaged fluid milk products
sold to any other plant, less any fluid milk products purchased from
other plants. The results of the Market Administrators' verification
are forwarded to the Board, and, in accordance with Sec. 1160.214(a),
any unpaid assessments are increased by 1.5 percent each month
beginning with the day following the date such assessments were due.
Interested parties were provided an opportunity to file comments on
the proposed rule. One comment, filed on behalf of the Milk Processor
Education Program (MilkPEP) supported the proposed changes to the
Order. MilkPEP stated that the proposed changes would encourage and
ensure the receipt of assessments owed to the Board.
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. Section 1160.213 is revised to read as follows:
Sec. 1160.213 Adjustment of accounts.
Whenever the Board or the Secretary determines through an audit of
a processor's reports, records, books or accounts or through some other
means that additional money is due the Board or to such processor from
the Board, the Board shall notify that person of the amount due or
overpaid. If the processor owes money to the Board, it shall remit that
amount by the next date for remitting assessments as provided in Sec.
1160.211. For the first two erroneous reports submitted by a processor
in the preceding 12-month period, late-payment charges assessed
pursuant to Sec. 1160.214 shall not begin to accrue until the day
following such date. For all additional erroneous reports submitted by
a processor during the 12-month period, late-payment charges shall
accrue from the date the payment was due. If the processor has
overpaid, that amount shall be credited to its account and applied
against amounts due in succeeding months.
Dated: May 15, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-11355 Filed 5-20-08; 8:45 am]
BILLING CODE 3410-02-P
