[Federal Register: March 17, 2000 (Volume 65, Number 53)]
[Proposed Rules]
[Page 14484-14485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr00-25]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1160
[DA-00-07]
Fluid Milk Promotion Order; Invitation To Submit Comments on
Proposed Amendments to the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This document invites written comments on proposals to amend
the Fluid Milk Promotion Order. The proposed amendments, requested by
the National Fluid Milk Processor Promotion Board (Board), which
administers the order, would modify the membership status of Board
members. The proposed amendments would allow a fluid milk processor to
be represented by up to 3 members on the 20-member Board and allow a
Board member whose fluid milk processor company affiliation has changed
to serve for a period of up to 6 months or until a successor is
appointed, whichever is sooner. The Board states that the proposed
amendments are necessary to ensure Board continuity and full
representation and allow it to operate in an efficient and effective
manner.
DATES: Comments are due no later than April 17, 2000.
ADDRESSES: Comments (two copies) should be filed with the USDA/AMS/
Dairy Programs, Promotion and Research Branch, 1400 Independence
Avenue, SW, Stop 0233, Room 2958, South Building, Washington, DC 20250-
0233. Advance, unofficial copies of such comments may be faxed to (202)
720-0285. Comments should reference the title of the action and docket
number and will be made available for public inspection in Room 2958
South Building during regular business hours.
FOR FURTHER INFORMATION CONTACT: David Jamison, Chief, USDA/AMS/Dairy
Programs, Promotion and Research Branch, 1400 Independence Avenue, Room
2958, South Building, Washington, DC 20250-0233, (202) 720-6909,
David.Jamison2@usda.gov.
SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (5 U.S.C.
601-612) requires the Agency to examine the impact of a proposed rule
on small entities. Small businesses in the fluid milk processing
industry have been defined by the Small Business Administration as
those processors employing 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. There are approximately
275 fluid milk processors subject to the provisions of the Fluid Milk
Promotion Order. Most of these processors are considered small
entities.
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 which include
at least three fluid milk processors and at least one member from the
general public. To the extent practicable, members representing
geographic regions should represent processing operations of differing
sizes.
The National Fluid Milk Processor Promotion Board has proposed
amendments to the membership provisions of the Order. The proposed
amendments would allow up to three representatives of a fluid milk
processor to serve on the 20-person Board. Currently, the Order states
that a fluid milk processor shall be represented on the Board by no
more than two members. The Board indicates that this proposal is due to
changes in the industry which have resulted in the formation of larger
regional and national companies.
The proposed amendments also would allow a Board member whose fluid
milk processor company affiliation changes to serve on the Board for a
period of up to six months or until a successor is appointed, whichever
is sooner, provided that the eligibility requirements of the Order are
still met. Under current Order provisions, a Board member whose company
affiliation changes may continue to serve on the Board for a period of
up to 60 days or until a successor is appointed, whichever is sooner,
provided that such member continues to meet the Order's eligibility
standards. The Board states that the proposed amendment would more
accurately reflect the time needed to fill a Board vacancy.
The Board believes that the proposed amendments would ensure Board
continuity and full representation and allow it to operate in an
effective and efficient manner.
The proposed amendments to the Order should not add any burden to
regulated parties because they relate to provisions concerning Board
membership. Additionally, the proposed changes would not impose
additional reporting or collecting requirements. No relevant Federal
rules have been identified that duplicate, overlap, or conflict with
this rule.
Accordingly, pursuant to 5 U.S.C. 605(b), the Agricultural
Marketing Service has certified that this rule would not have a
significant economic impact on a substantial number of small entities.
Executive Order 12866 and the Paperwork Reduction Act
The Department is issuing this proposed rule in conformance with
Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule 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, as amended, authorizes the
Fluid Milk Promotion 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 a Fluid Milk
Promotion 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
[[Page 14485]]
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.
In accordance with the Paperwork Reduction Act (44 U.S.C. Chapter
35), the forms and reporting and recordkeeping requirements that are
included in the Fluid Milk Promotion Order have been approved by the
Office of Management and Budget (OMB) and were assigned OMB No. 0581-
0093, except for Board members' nominee information sheets that were
assigned OMB No. 0505-0001.
Statement of Consideration
The proposed rule would amend certain provisions of the Fluid Milk
Promotion Order. The proposed amendments would modify the membership
provisions of the Order. One proposal would allow up to three
representatives of a fluid milk processor to serve on the 20-member
Board. Currently, the Order states that a fluid milk processor shall be
represented by no more than two representatives on the Board. The Board
indicated that this proposal is due to consolidations in the industry
which have resulted in the formation of larger regional and national
companies. Additionally, the Board asserts that the proposed amendment
would provide the Secretary greater flexibility in those situations
that warrant additional representation for a fluid milk processor.
The proposed amendments also would allow a Board member who changes
fluid milk processor company affiliation to serve on the Board for a
period of up to six months or until a successor is appointed, whichever
is sooner, provided that the eligibility requirements of the Order are
still met. Under current Order provisions, a Board member whose company
affiliation changes may continue to serve on the Board for a period of
up to 60 days or until a successor is appointed, whichever is sooner,
provided that such member continues to meet the Order's eligibility
standards. The Board states that the proposed amendment would more
accurately reflect the time needed to fill a Board vacancy.
The Board believes that the proposed amendments would ensure Board
continuity and full representation and allow it to operate in an
effective and efficient manner.
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 unnecessary vacancies on the Board.
List of Subjects 7 CFR Part 1160
Fluid milk products, Milk, Promotion.
For the reasons set forth in the preamble, it is proposed that 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:
Authority: 7 U.S.C. 6401-6417.
2. Section 1160.200 is amended by revising paragraph (a) to read as
follows:
Sec. 1160.200 Establishment and membership.
(a) There is hereby established a National Fluid Milk Processor
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 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 a fluid milk processor or
its successor 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 of up to six 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.
* * * * *
Dated: March 14, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 00-6675 Filed 3-16-00; 8:45 am]
BILLING CODE 3410-02-P
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