35808 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

change in the implicit price deflator of

the gross national product (as indexed

for the most recent 12-month period for

which statistics are available). However,

this has been replaced by the gross

domestic product by the Department of

Commerce as a more appropriate

measure for the short-term monitoring

and analysis of the U.S. economy.

The number of bales to be classed by

the United States Department of

Agriculture from the 2000 crop is

estimated at 17,945,000 bales. The 2000

base fee was decreased 15 percent based

on the estimated number of bales to be

classed (one percent for every 100,000

bales or portion thereof above the base

of 12,500,000, limited to a maximum

adjustment of 15 percent). This

percentage factor amounts to a 33 cents

per bale reduction and was subtracted

from the 2000 base fee of $2.17 per bale,

resulting in a fee of $1.84 per bale.

With a fee of $1.84 per bale, the

projected operating reserve would be

49.77 percent. The Act specifies that the

Secretary shall not establish a fee

which, when combined with other

sources of revenue, will result in a

projected operating reserve of more than

25 percent. Accordingly, the fee of $1.84

must be reduced by 49 cents per bale,

to $1.35 per bale, to provide an ending

accumulated operating reserve for the

fiscal year of 25 percent of the projected

cost of operating the program. This will

establish the 2000 season fee at $1.35

per bale.

Accordingly, § 28.909, paragraph (b)

will reflect the continuation of the HVI

classification fee at $1.35 per bale.

As provided for in the Uniform Cotton

Classing Fees Act of 1987, as amended,

a five cent per bale discount would

continue to be applied to voluntary

centralized billing and collecting agents

as specified in § 28.909(c).

Growers or their designated agents

requesting classification data provided

on computer punched cards will

continue to be charged the fee of 10

cents per card in § 28.910(a) to reflect

the costs of providing this service.

Requests for punch card classification

data represented less than 1.0 percent of

the total bales classed from the 1999

crop, down from 2.6 percent in 1997.

Growers or their designated agents

receiving classification data by methods

other than computer punched cards

would continue to incur no additional

fees if only one method of receiving

classification data was requested. The

fee for each additional method of

receiving classification data in § 28.910

would remain at five cents per bale, and

it would be applicable even if the same

method was requested. However, if

computer punched cards were

requested, a fee of ten cents per card

would be charged. The fee in § 28.910(b)

for an owner receiving classification

data from the central database would

remain at five cents per bale, and the

minimum charge of $5.00 for services

provided per monthly billing period

would remain the same. The provisions

of § 28.910(c) concerning the fee for new

classification memoranda issued from

the central database for the business

convenience of an owner without

reclassification of the cotton will remain

the same.

The fee for review classification in

§ 28.911 will be maintained at $1.35 per

bale.

The fee for returning samples after

classification in § 28.911 will remain at

40 cents per sample.

Pursuant to 5 U.S.C. 553, it is

determined that good cause exists for

not postponing the effective date of this

rule until 30 days after publication in

the Federal Register because: (1) the

cotton crop year begins July 1, 2000, (2)

a uniform fee for the entire crop is

mandated by the Cotton Statistics and

Estimates Act, and (3) a 30 day

comment period was provided for in the

proposed rule and no comments were

received.

List of Subjects in 7 CFR Part 28

Administrative practice and

procedure, Cotton, Cotton samples,

Grades, Market news, Reporting and

recordkeeping requirements, Standards,

Staples, Testing, Warehouses.

For the reasons set forth in the

preamble, 7 CFR Part 28 is amended as

follows:

PART 28—[AMENDED]

1. The authority citation for 7 CFR

part 28, Subpart D, continues to read as

follows:

Authority: 7 U.S.C. 471–476.

2. In § 28.909, paragraph (b) is revised

to read as follows:

§ 28.909 Costs.

* * * * *

(b) The cost of High Volume

Instrument (HVI) cotton classification

service to producers is $1.35 per bale.

* * * * *

3. In § 28.911, the last sentence of

paragraph (a) is revised to read as

follows:

§ 28.911 Review classification.

(a) * * * The fee for review

classification is $1.35 per bale.

* * * * *

Dated: May 31, 2000.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 00–14114 Filed 6–1–00; 4:36 pm]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1160

[DA–00–07]

Fluid Milk Promotion Order;

Amendments to the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document amends the

Fluid Milk Promotion Order to 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

amendments, requested by the National

Fluid Milk Processor Promotion Board

(Board), which administers the Order,

are necessary to ensure Board continuity

and full representation and should

allow the Board to operate in an

efficient and effective manner.

EFFECTIVE DATE: June 7, 2000.

FOR FURTHER INFORMATION CONTACT:

David R. Jamison, Chief, USDA/AMS/

Dairy Programs, Promotion and

Research Branch, 1400 Independence

Avenue, SW, Stop 0233, 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 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. 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.

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 35809

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

amendments, proposed by the National

Fluid Milk Processor Promotion Board,

modifies the membership provisions of

the Order.

The amendments will 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. This action takes

into account changes in the industry

which have resulted in the formation of

larger regional and national companies.

This amendment should help reduce

Board vacancies and foster continuity in

Board activities and membership.

The amendments also will 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 amendment

will more accurately reflect the time

needed to fill a Board vacancy.

The amendments will allow the Board

to operate in an effective and efficient

manner. The amendments to the Order

will not add any burden to regulated

parties because they relate to provisions

concerning Board membership.

Additionally, the changes will 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 will

not have a significant economic impact

on a substantial number of small

entities.

Prior document in this proceeding:

Proposed Rule: Issued March 14,

2000, published March 17, 2000 (65 FR

14484).

Executive Order 12866 and the

Paperwork Reduction Act

The Department is issuing this rule in

conformance with Executive Order

12866.

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 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

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

This final rule amends certain

provisions of the Fluid Milk Promotion

Order. The amendments will modify the

membership provisions of the Order.

One proposal will 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. This amendment takes into

account changes in the industry which

have resulted in the formation of larger

regional and national companies.

Additionally, the amendment would

provide the Secretary greater flexibility

in those situations that warrant

additional representation for a fluid

milk processor.

The amendments also will 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 amendment

would more accurately reflect the time

needed to fill a Board vacancy.

The Board states that the amendments

would ensure Board continuity and full

representation and allow it to operate

effectively and efficiently.

A notice of proposed rulemaking was

published in the Federal Register on

March 17, 2000 (65 FR 14484),

concerning the proposed suspension.

Interested persons were afforded an

opportunity to file written data, views

and arguments thereon. One comment

supporting and one opposing the

proposed amendments were received.

The Board reiterated its support for

the amendments. The opposing

comment stated the proposed changes

would provide larger processors more

power and suggested reducing the

number of Board members.

The Order should be amended to

allow a fluid milk processor to be

represented by up to 3 members on the

20-member Board. The Order provisions

provide 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. Further, to the

extent practicable, members

representing geographic regions should

represent processing operations of

differing sizes.

This amendment provides needed

flexibility in the appointment process.

The Secretary appoints Board members

on the basis of the Order’s provisions.

Through the appointment process, the

Secretary maintains control over the

Board’s composition, including the

number of multi-member processors. As

stated by the proponent of the

proposals, the fluid milk processing

industry has experienced and continues

to undergo changes in processing

operations which result in larger

regional and national companies

operating in various geographical

regions. Accordingly, this amendment

will ensure Board continuity and full

representation while maintaining the

Board at its current membership level.

The Order also should be amended to

permit a Board member who changes

fluid milk processor company affiliation

35810 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

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.

The amendment will more accurately

reflect the time needed to fill a Board

vacancy.

The amendments will ensure Board

continuity and full representation and

allow the Board to operate in an

effective and efficient manner and

should be made effective as soon as

possible. Therefore, good cause exists

for making this rule effective less than

30 days from the date of publication in

the Federal Register. The proposed

amendments to the order are made final

in this action.

List of Subjects in 7 CFR Part 1160

Fluid milk products, Milk, Promotion.

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:

Authority: 7 U.S.C. 6401–6417.

2. In § 1160.200, paragraph (a) is

revised to read as follows:

§ 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: May 31, 2000.

Kathleen A. Merrigan,

Administrator, Agricultural Marketing

Service.

[FR Doc. 00–14186 Filed 6–5–00; 8:45 am]

BILLING CODE 3410–02–P

DEFENSE NUCLEAR FACILITIES

SAFETY BOARD

10 CFR Part 1703

FOIA Fee Schedule

AGENCY: Defense Nuclear Facilities

Safety Board.

ACTION: Update of FOIA Fee Schedule.

SUMMARY: The Defense Nuclear

Facilities Safety Board is publishing its

annual update to the Freedom of

Information Act (FOIA) Fee Schedule

pursuant to 10 CFR 1703.107(b)(6) of the

Board’s regulations.

EFFECTIVE DATE: June 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Kenneth M. Pusateri, General Manager,

Defense Nuclear Facilities Safety Board,

625 Indiana Avenue, NW, Suite 700,

Washington, DC 20004–2901, (202) 694–

7060.

SUPPLEMENTARY INFORMATION: The FOIA

requires each Federal agency covered by

the Act to specify a schedule of fees

applicable to processing of requests for

agency records. 5 U.S.C. 552(a)(4)(i). On

March 15, 1991, the Board published for

comment in the Federal Register its

proposed FOIA Fee Schedule. 56 FR

11114. No comments were received in

response to that notice and the Board

issued a final Fee Schedule on May 6,

1991.

Pursuant to 10 CFR 1703.107(b)(6) of

the Board’s regulations, the Board’s

General Manager will update the FOIA

Fee Schedule once every 12 months.

Previous Fee Schedule updates were

published in the Federal Register and

went into effect, most recently, on June

1, 1999, 99 FR 14685.

Board Action

Accordingly, the Board issues the

following schedule of updated fees for

services performed in response to FOIA

requests.

Defense Nuclear Facilities Safety Board

Schedule of Fees for FOIA Services

(Implementing 10 CFR 1703.107(b)(6))

Search or Review Charge—$54 per hour

Copy Charge (paper)—$.04 per page, if

done in-house, or generally available

commercial rate (approximately $.10

per page)

Copy Charge (3.5′ diskette)—$5.00 per

diskette

Copy Charge (audio cassette)—$3.00 per

cassette

Duplication of Video

$25.00 for each individual videotape;

$16.00 for each additional individual

videotape

Copy Charge for large documents (e.g.,

maps, diagrams)—Actual commercial

rates.

Dated: May 31, 2000.

Kenneth M. Pusateri.

General Manager.

[FR Doc. 00–14043 Filed 6–5–00; 8:45 am]

BILLING CODE 3670–01–M

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Standards; Help

Supply Services

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMARY: The Small Business

Administration (SBA) is establishing a

size standard of $10 million in average

annual receipts for Help Supply

Services—Standard Industrial

Classification (SIC) 7363. The current

size standard for this industry is $5.0

million. This revision is made to better

define the size of business in this

industry that SBA believes should be

eligible for Federal small business

assistance programs. SBA is also

clarifying language about affiliation

when a Professional Employer

Organization (PEO) is co-employer of a

firm’s employees.

DATES: This rule is effective on July 6,

2000.

FOR FURTHER INFORMATION CONTACT:

Patricia B. Holden, Office of Size

Standards, (202) 205–6618 or (202) 205–

6385.

SUPPLEMENTARY INFORMATION: SBA

proposed a revision to the size standard

for the Help Supply Services industry

(SIC 7363) from $5.0 million to $10.0

million average annual receipts (64 FR

55873, dated October 15, 1999). The

proposal was made following comments

from the public expressing concern that

the size standard has not kept pace with

the rapid growth in the industry due in

part to the trends of outsourcing and

downsizing. The industry has changed

in two ways—help supply firms are

larger and they are providing a wider

range of personnel to businesses. We

also had a request to allow help supply