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[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Rules and Regulations]
[Pages 26930-26931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11015]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1150

[Document No. DA-11-03: AMS-DA-08-0050]

Dairy Promotion and Research Program; Importer Nominations to the 
Dairy Promotion and Research Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Rule.

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SUMMARY: This action is pursuant to the Dairy Production Stabilization 
Act of 1983 (Dairy Act), as amended, and the Dairy Promotion and 
Research Order (Dairy Order), as amended, which require the Secretary 
of Agriculture to add importer representation, initially two members, 
to the National Dairy Promotion and Research Board (Dairy Board). USDA 
is seeking nominations of importers to be considered for appointment to 
the Dairy Board.

DATES: Nominations must be received on or before June 9, 2011.

FOR FURTHER INFORMATION CONTACT: Whitney Rick, USDA, AMS, Dairy 
Programs, Promotion and Research Branch, Stop 0233-Room 2958-S, 1400 
Independence Avenue, SW., Washington, DC 20250-0233, (202) 720-6909, 
Whitney.Rick@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This document is being issued pursuant to 
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501-4514), 
Public Law 98-180, enacted November 29, 1983, as amended May 13, 2002, 
by Public Law 107-171 and further amended June 18, 2008, by Public Law 
110-246, and the Dairy Order, as amended under the Final Rule [76 FR 
14777; published in the Federal Register on March 18, 2011].
    The Dairy Board was established under the Dairy Production 
Stabilization Act of 1983 (Dairy Act) to develop and administer a 
coordinated program of promotion, research, and nutrition education. 
Importer representation on the Dairy Board was mandated by the 2002 
amendments to the Dairy Act. The Dairy Board is authorized to design 
programs to strengthen the dairy industry's position in domestic and 
foreign markets. The program is financed by a mandatory 15-cent per 
hundredweight assessment on all milk produced in the United States and 
marketed commercially and a 7.5-cent per hundredweight assessment on 
milk, or equivalent thereof, used to produce dairy products imported 
into the United States. Assessments on dairy products imported into the 
United States are effective beginning on August 1, 2011, as published 
in the March 18, 2011, Final Rule.
    The Dairy Order states that, initially, importers will be 
represented on the Dairy Board by two importer members appointed by the 
Secretary. Thereafter, importer representation on the Dairy Board will 
be reviewed at least once every three years, and adjusted to reflect 
the volume of imports relative to domestic production of milk.
    For the initial importer nominations, the Secretary will appoint 
two individuals from those nominated to serve as importer members on 
the Board. The length of a member's term will be three years. In order 
to properly coordinate the terms of importers with those of dairy 
farmer members and to stagger the two terms, initially one importer 
member will serve a two-year term ending October 31, 2013, and one 
importer member will serve a term ending October 31, 2014.
    Importer nominees must be importers of dairy products and will be 
subject to the assessment to fund the National Dairy Promotion and 
Research Program. Such nominations may be submitted by individual 
importers of dairy products or by organizations representing dairy 
importers, as approved by the Secretary. Individual importers 
submitting nominations to represent importers on the Dairy Board must 
establish, to the satisfaction of the Secretary that the person 
submitting the nomination is an importer of dairy products. Importer 
organizations must adequately represent importers of dairy products 
under the primary determining considerations of whether its membership 
consist primarily of importers of dairy products and whether a 
substantial interest of the organization is in the importation of dairy 
products. An importer means a person that imports dairy products into 
the United States as a principal or as an agent, broker, or consignee 
of any person who produces or handles dairy products outside of the 
United States for sale in the United States, and who is listed as the 
importer of record for such dairy products.
    For nominating forms and information, interested parties should 
contact Whitney Rick, USDA, AMS, Dairy Programs, Promotion and Research 
Branch, Stop 0233-Room 2958-S, 1400 Independence Avenue, SW., 
Washington, DC 20250-0233, (202) 720-6909, Whitney.Rick@ams.usda.gov. 
The forms also can be accessed online at http://www.ams.usda.gov/dairyimportassessment.

[[Page 26931]]

    USDA welcomes membership on industry boards that reflects the 
diversity of the individuals served by the programs. In an effort to 
obtain nominations of diverse candidates, USDA encourages those 
individuals who represent interests of racial and ethnic minorities, 
women, and persons with disabilities to seek member nomination for the 
Dairy Board.

    Dated: April 29, 2011.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11015 Filed 5-9-11; 8:45 am]
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