This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

44176 

Vol. 73, No. 147 

Wednesday, July 30, 2008 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1150 

[Docket No. AMS DA–08–0035; DA–08–02] 

National Dairy Promotion and 

Research Program; Invitation To 

Submit Comments on Proposed 

Amendments to the Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This document invites 

comments on a proposed amendment to 

the Dairy Promotion and Research Order 

(Dairy Order). The proposal would 

modify the composition of the National 

Dairy Promotion and Research Board 

(Dairy Board) by changing the number 

of member seats in six of the 13 

geographic regions. This modification 

was requested by the Dairy Board, 

which administers the Dairy Order, to 

better reflect the geographic distribution 

of milk production in the 48 contiguous 

States. The Department will issue a final 

rule once public comments have been 

received and considered. 

DATES: Comments must be submitted on 

or before August 14, 2008. 

ADDRESSES: Comments on this proposed 

rule should be identified with the 

docket number AMS–DA–08–0035; DA– 

08–02. Commenters should identify the 

date and page number of the issue of the 

Proposed Rule. Interested persons may 

comment on this proposed rule using 

either of the following procedures: 

• Mail: Comments may be submitted 

by mail to 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. 

• Internet: http:// 

www.regulations.gov. 

All comments to this proposed rule, 

submitted by the above procedures will 

be available for viewing at: http:// 

www.regulations.gov, or at USDA, AMS, 

Dairy Programs, Promotion and 

Research Branch, Room 2958–S, 1400 

Independence Ave., SW., Washington, 

DC, from 9 a.m. to 4 p.m., Monday 

through Friday, (except on official 

Federal holidays). Persons wanting to 

view comments in Room 2958–S are 

requested to make an appointment in 

advance by calling (202) 720–6909. 

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 

proposed rule is issued pursuant to the 

Dairy Production Stabilization Act (Act) 

of 1983 [7 U.S.C. 4501–4514]. 

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 proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This proposed rule is 

not intended to have a retroactive effect. 

If adopted, this rule would not preempt 

any State or local laws, regulations, or 

policies unless they present an 

irreconcilable conflict with this rule. 

The Dairy Act provides that 

administrative proceedings must be 

exhausted before parties may file suit in 

court. Under Section 4509 of the Dairy 

Act, any person subject to the Dairy 

Order may file with the Secretary a 

petition stating that the Dairy Order, any 

provision of the Dairy Order, or any 

obligation imposed in connection with 

the Dairy Order is not in accordance 

with the law and request a modification 

of the Dairy Order or to be exempted 

from the Dairy Order. Such person is 

afforded the opportunity for a hearing 

on the petition. After a hearing, the 

Secretary would rule on the petition. 

The Dairy 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 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). 

For the purpose of the Regulatory 

Flexibility Act, small businesses in the 

dairy industry have been defined as 

those employing less than 500 

employees. For the purpose of the 

Regulatory Flexibility Act, a dairy farm 

is considered a ‘‘small business’’ if it 

has an annual gross revenue of less than 

$750,000. In the 48 contiguous States, 

there are approximately 70,000 dairy 

farms subject to the provisions of this 

Dairy Order. Most of the parties subject 

to the Dairy Order are considered small 

entities. 

The proposed rule would amend the 

Dairy Order by modifying the number of 

member seats on the Dairy Board in six 

of the 13 geographic regions. The 

proposed amendment is being made to 

better reflect the geographic distribution 

of milk produced within each of the 13 

regions of the contiguous 48 States. 

The Dairy Order is administered by a 

36-member Board representing 13 

geographic regions within the 

contiguous 48 States. The Dairy Order 

provides that the Dairy Board shall 

review the geographic distribution of 

milk production throughout the United 

States and, if warranted, shall 

recommend to the Secretary a 

reapportionment of the regions and/or 

modification of the number of members 

from regions in order to better reflect the 

geographic distribution of milk 

production volume in the 48 contiguous 

States. 

Based on a review of the 2007 

geographic distribution of milk 

production, the Dairy Board has 

concluded that the number of Dairy 

Board members for six of the 13 

geographical regions should be changed. 

The Dairy Board was last modified in 

2003 based on 2002 milk production. 

The proposed amendment should not 

have a significant economic impact on 

persons subject to the Dairy Order. The 

proposed changes merely would allow 

representation of the Dairy Board to 

better reflect geographic milk 

production in the contiguous 48 States. 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Proposed Rules 44177 

Paperwork Reduction Act 

In accordance with the Office of 

Management and Budget (OMB) 

regulation [5 CFR part 1320] which 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. chapter 35], the 

information collection requirements and 

recordkeeping provisions imposed by 

the Dairy Order have been previously 

approved by OMB and assigned OMB 

Control No. 0581–0093. No relevant 

Federal rules have been identified that 

duplicate, overlap, or conflict with this 

rule. 

Statement of Consideration 

The Dairy Order is administered by a 

36-member Dairy Board representing 13 

geographic regions within the 

contiguous 48 States. The Dairy Order 

provides in section 1150.131 that the 

Dairy Board shall review the geographic 

distribution of milk production volume 

throughout the contiguous 48 States 

and, if warranted, shall recommend to 

the Secretary a reapportionment of the 

regions and/or modification of the 

number of members from regions in 

order to best reflect the geographic 

distribution of milk production in the 

contiguous 48 States. The Dairy Board is 

required to conduct the review at least 

every five years and not more than every 

three years. The Dairy Board was last 

modified in 2003 based on 2002 milk 

production. 

Based on a review of the 2007 

geographic distribution of milk 

production, the Dairy Board has 

concluded that the number of Dairy 

Board members for six of the 13 

geographic regions should be changed. 

The Dairy Order specifies the formula 

to be used to determine the number of 

Dairy Board seats in each of the 13 

geographic regions designated in the 

Dairy Order. Under the formula, the 

total milk production for the contiguous 

48 states for the previous calendar year 

is divided by 36 to determine a factor 

of pounds of milk represented by each 

Dairy Board member. The resulting 

factor is then divided into the pounds 

of milk produced in each region to 

determine the number of Dairy Board 

members for each region. Accordingly, 

the following table summarizes by 

region the volume of milk production 

distribution for 2007, the percentage of 

total milk production, the current 

number of Dairy Board seats per region, 

and the proposed number of Dairy 

Board seats for each region. 

Region and States Milk production 

(mil lbs) 

Percentage of 

total milk 

production 

Current number 

of board seats 

Proposed 

number of 

board seats 

1. Oregon, Washington .................................................................... 7,764 4.2 2 1 

2. California ...................................................................................... 40,683 21.9 7 8 

3. Arizona, Colordao, Idaho, Montana, Nevada, Utah, Wyoming ... 21,212 11.4 3 4 

4. Arkansas, Kansas, New Mexico, Oklahoma, Texas ................... 18,200 9.8 3 4 

5. Minnesota, North Dakota, South Dakota .................................... 10,741 5.8 2 2 

6. Wisconsin .................................................................................... 24,080 13.0 5 5 

7. Illinois, Iowa, Missouri, Nebraska ................................................ 8,948 4.8 2 2 

8. Alabama, Kentucky, Louisiana, Mississippi, Tennessee ............. 3,119 1.7 1 1 

9. Indiana, Michigan, Ohio, West Virginia ....................................... 16,148 8.7 3 3 

10. Florida, Georgia, North Carolina, South Carolina, Virginia ....... 6,506 3.5 1 1 

11. Delaware, Maryland, New Jersey, Pennsylvania ...................... 12,008 6.5 3 2 

12. New York ................................................................................... 12,103 6.5 3 2 

13. Connecticut, Maine, Massachusetts, New Hampshire, Rhode 

Island, Vermont ............................................................................ 4,046 2.2 1 1 

Total: 48 Contiguous States ..................................................... 185,558 100 36 36 

* Based upon preliminary 2007 NASS milk production data, February 2008. 

In 2007, total milk production was 

185,558 million pounds and each of the 

Dairy Board members would represent 

5,154 million pounds of milk. For 2002, 

total milk production was 169,643 

million pounds of milk and each of the 

Board members represented 4,712 

million pounds of milk. 

Based on the 2007 milk production 

data, the Dairy Board proposes that 

member representation in Region 2 

(California), Region 3 (Arizona, 

Colorado, Idaho, Montana, Nevada, 

Utah, and Wyoming), and Region 4 

(Arkansas, Kansas, New Mexico, 

Oklahoma, and Texas) each be increased 

by one member, and member 

representation in Region 1 (Oregon and 

Washington), Region 11 (Delaware, 

Maryland, New Jersey, and 

Pennsylvania), and Region 12 (New 

York) each be decreased by one 

member. 

Milk production in Region 2 

increased to 40,683 million pounds in 

2007, up from 34,884 million pounds in 

2002, indicating eight Dairy Board 

members (40,683 divided by 5,154 = 8) 

compared to seven Dairy Board 

members based on 2002 milk 

production data. Milk production in 

Region 3 increased to 21,212 million 

pounds in 2007, up from 16,291 million 

pounds in 2002, indicating four Dairy 

Board members (21,212 divided by 

5,154 = 4) compared to three Dairy 

Board members based on 2002 milk 

production data. Milk production in 

Region 4 increased to 18,200 million 

pounds in 2007, up from 15,313 million 

pounds in 2002, indicating four Dairy 

Board members (18,200 divided by 

5,154 = 4) compared to three Dairy 

Board members based on 2002 milk 

production data. 

Milk production in Region 1 

increased to 7,764 million pounds in 

2007, up from 7,713 million pounds in 

2002. The Dairy Board has determined 

that Region 1 milk production data does 

not continue to support 2 seats. Based 

on the data, the Dairy Board is 

recommending that one seat from 

Region 1 be assigned to another region, 

thereby reducing Region 1 Dairy Board 

members from two members to one 

member. In Region 11, milk production 

decreased to 12,008 million pounds in 

2007 down from 12,492 million pounds 

in 2002, indicating two Dairy Board 

members for the region (12,008 divided 

by 5,154 = 2) compared to three 

members based on 2002 data. Also, in 

Region 12, milk production decreased to 

12,103 million pounds in 2007 down 

from 12,217 million pounds in 2002, 

indicating two Dairy Board members for 

the region (12,103 divided by 5,154 = 2) 

compared to three members based on 

2002 data. 

Accordingly, it is proposed that 

member representation in Region 2 be 

increased from seven members to eight 

members, and Region 3 and Region 4 

representation each be increased from 


dwashington3 on PRODPC61 with PROPOSALS
44178 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Proposed Rules 

three members to four members; Region 

1 representation be decreased from two 

members to one member and Region 11 

and Region 12 representation each be 

decreased from three members to two 

members. 

A 15-day comment period is provided 

for interested persons to comment on 

this proposed rule. Twelve terms of 

existing Dairy Board members will 

expire on October 31, 2008. Thus, a 15- 

day comment period is provided to 

allow for a timely appointment of new 

Dairy Board members based on the 

current geographic distribution of milk 

production in the contiguous 48 States. 

List of Subjects in 7 CFR Part 1150 

Dairy Products, Milk, Promotion, 

Research. 

For the reasons set forth in the 

preamble, it is proposed that 7 CFR part 

1150 be amended as follows: 

PART 115—Dairy Promotion Program 

1. The authority citation for 7 CFR 

part 1150 continues to read as follows: 

Authority: 7 U.S.C. 4501–4514 and 7 

U.S.C. 7401 

2. In § 1150.131, paragraphs (a)(1), 

(a)(2), (a)(3), (a)(4), (a)(11), and (a)(12) 

are revised as follows: 

§ 1150.131 Establishment and 

membership. 

(a) * * * 

(1) One member from region number 

one comprised of the following States: 

Washington and Oregon. 

(2) Eight members from region 

number two comprised of the following 

State: California. 

(3) Four members from region number 

three comprised of the following States: 

Arizona, Colorado, Idaho, Montana, 

Nevada, Utah and Wyoming. 

(4) Four members from region number 

four comprised of the following States: 

Arkansas, Kansas, New Mexico, 

Oklahoma and Texas. 

* * * * * 

(11) Two members from region 

number eleven comprised of the 

following States: Delaware, Maryland, 

New Jersey and Pennsylvania. 

(12) Two members from region 

number twelve comprised of the 

following State: New York. 

* * * * * 

Dated: July 24, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 08–1469 Filed 7–24–08; 3:37 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF JUSTICE 

8 CFR Parts 1001, 1003, 1292 

[Docket No. EOIR 160P; A.G. Order No. 

2980–2008] 

RIN 1125–AA59 

Professional Conduct for 

Practitioners—Rules and Procedures, 

and Representation and Appearances 

AGENCY: Executive Office for 

Immigration Review, Justice. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: This rule proposes to change 

the rules and procedures concerning the 

standards of representation and 

professional conduct for attorneys and 

other practitioners who appear before 

the Executive Office for Immigration 

Review (EOIR), which includes the 

immigration judges and the Board of 

Immigration Appeals (Board), and to 

clarify who is authorized to represent 

and appear on behalf of individuals in 

proceedings before the Board and the 

immigration judges. Current regulations 

set forth who may represent individuals 

in proceedings before EOIR and also set 

forth the rules and procedures for 

imposing disciplinary sanctions against 

attorneys or other practitioners who 

engage in criminal, unethical, frivolous, 

or unprofessional conduct before EOIR. 

The proposed revisions would increase 

the number of grounds for discipline 

and improve the clarity and uniformity 

of the existing rules while incorporating 

miscellaneous technical and procedural 

changes. The changes proposed herein 

are based upon the Attorney General’s 

recent initiative for improving the 

adjudicatory processes for the 

immigration judges and the Board, as 

well as EOIR’s operational experience in 

administering the disciplinary program 

since the current process was 

established in 2000. 

DATES: Written comments must be 

submitted on or before September 29, 

2008. 

ADDRESSES: Please submit written 

comments to John N. Blum, Acting 

General Counsel, Executive Office for 

Immigration Review, 5107 Leesburg 

Pike, Suite 2600, Falls Church, Virginia, 

22041. To ensure proper handling, 

please reference RIN No. 1125–AA59 or 

EOIR docket number 160P on your 

correspondence. You may view an 

electronic version and provide 

comments via the Internet by using the 

www.regulations.gov comment form for 

this regulation. When submitting 

comments electronically, you must 

include RIN No. 1125–AA59 in the 

subject box. Additional information 

regarding the posting of public 

comments is in the SUPPLEMENTARY

INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: John 

N. Blum, Acting General Counsel, 

Executive Office for Immigration 

Review, 5107 Leesburg Pike, Suite 2600, 

Falls Church, Virginia, 22041, telephone 

(703) 305–0470 (not a toll-free call). 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http:// 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on http:// 

www.regulations.gov. 

Personal identifying information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. 

Confidential business information 

identified and located as set forth above 

will not be placed in the public docket 

file. If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT

paragraph. 

This rule proposes to amend 8 CFR 

parts 1001, 1003, and 1292 by changing 

the present definitions and procedures 

concerning professional conduct for 

practitioners, which term includes 

attorneys and representatives, who 


dwashington3 on PRODPC61 with PROPOSALS