This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

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Rules and Regulations Federal Register

27003

Vol. 61, No. 105

Thursday, May 30, 1996

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1160

[DA–96–07]

Fluid Milk Promotion Order;

Amendments to the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule amends the Fluid

Milk Promotion Order to modify the

term of the chairperson of the National

Fluid Milk Processor Promotion Board,

effective July 1, 1996. 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.

EFFECTIVE DATE: July 1, 1996.

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: Prior

document in this proceeding:

Invitation to Submit Comments on

Proposed Amendment to the Order:

Issued May 2, 1996; published May 8,

1996 (61 FR 20759).

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 will

not have a significant economic impact

on a substantial number of small

entities. The amendment modifies the

term of the chairperson of the National

Fluid Milk Processor Promotion Board

and will not have an economic effect on

any entity engaged in the dairy industry.

The Department is issuing this final

rule in conformance with Executive

Order 12866.

This final rule has been reviewed

under Executive Order 12778, 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 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

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.

Interested parties were provided an

opportunity to submit comments on the

proposed amendment, published in the

Federal Register at 61 FR 20759 on May

8, 1996; no comments were received.

Issuance of this final rule is necessary

to provide continuity between fiscal

periods and the terms of office of the

chairperson, and to allow the Board to

operate more effectively. Accordingly,

the proposed amendment to the order is

made final in this action.

List of Subjects in 7 CFR Part 1160

Milk, Fluid milk products, Promotion.

For the reasons set forth in the

preamble, the following provision in

Title 7, 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:

§ 1160.209 Duties of the Board.

* * * * *

(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 § 1160.113, and not more

than two consecutive terms, and to

select such other officers as may be

necessary;

* * * * *

Dated: May 24, 1996.

Shirley R. Watkins,

Deputy Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 96–13614 Filed 5–29–96; 8:45 am]

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