[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Proposed Rules]
[Pages 20759-20760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11458]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1160

[DA-96-07]


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 a proposal to amend 
the Fluid Milk Promotion Order to modify the term of the chairperson of 
the National Fluid Milk Processor Promotion Board. The proposal was 
submitted by the National Fluid Milk Processor Promotion Board which 
contends the action is necessary to enable it to operate more 
effectively.

DATES: Comments are due no later than May 15, 1996.

ADDRESSES: Comments (two copies) should be filed with the USDA/AMS/
Dairy Division, Promotion and Research Staff, Room 2734, South 
Building, P.O. Box 96456, Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: Eugene E. Krueger, Head, Promotion and 
Research Staff, USDA/AMS/Dairy Division, Room 2734, South Building, 
P.O. Box 96456, Washington, DC 20090-6456, (202) 720-6909.

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. 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. 
The proposed amendment would modify the term of the chairperson of the 
National Fluid Milk Processor Promotion Board and would not have an 
economic effect on any entity engaged in the dairy industry.
    The Department is issuing this proposed rule in conformance with 
Executive Order 12866.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is not intended to have a retroactive 
effect. 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 
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 of 
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

    Section 1160.209(a) of the Fluid Milk Promotion Order currently 
provides that the National Fluid Milk Processor Promotion Board meet at 
least once a year and elect from among its members a chairperson to 
serve a term of one year and not more than two consecutive terms. The 
proposed amendment would modify, from one year to a fiscal period, the 
term of the chairperson and provide that such chairperson may serve not 
more than two consecutive fiscal periods.
    Currently, a term of office for the chairperson of the National 
Fluid Milk Processor Promotion Board is based on an annual period, 
which expires on July 27, 1996, rather than a fiscal period. The

[[Page 20760]]

Board contends that the proposed amendment will provide continuity 
between fiscal periods and the terms of office of the chairperson. The 
Board indicates that this will allow the Board to operate more 
effectively.
    A 7-day comment period is deemed appropriate to permit 
implementation of this amendment, if adopted, before the annual meeting 
of the Board that is tentatively scheduled for the beginning of July 
1996.

List of Subjects in 7 CFR Part 1160

    Milk, Fluid milk products, 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 ORDER

    1. The authority citation for 7 CFR Part 1160 continues to read as 
follows:
    Authority: 7 U.S.C. 6401-6417.

    2. Section 1160.209(a) is revised to read as follows:

Sec. 1160.209  Duties of the Board.

    The Board shall have the following duties:
    (a) To meet not less than annually, and to organize and select from 
among its members a chairperson, who may serve for a term of a fiscal 
period pursuant to Sec. 1160.113, and not more than two consecutive 
terms, and to select such other officers as may be necessary;
* * * * *
    Dated: May 2, 1996.
Lon Hatamiya,
Administrator.
[FR Doc. 96-11458 Filed 5-7-96; 8:45 am]
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