[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]
BILLING CODE 3410-02-P