[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Proposed Rules]
[Page 30013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13922]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 109 / Wednesday, June 7, 1995 / 
Proposed Rules  

[[Page 30013]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1150

[DA-95-15]


Dairy Promotion Program; Invitation To Submit Comments on 
Proposed Amendments to the Order

Agency: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document invites written comments on a proposal to amend 
the Dairy Research and Promotion Order to modify the term expiration 
date for National Dairy Board members, effective December 1, 1996. The 
proposal was submitted by the National Dairy Promotion and Research 
Board which contends the action is necessary to enable it to operate 
more effectively.

DATES: Comments are due no later than July 7, 1995.

ADDRESSES: Comments should be sent to: USDA/AMS/Dairy Division, Room 
2968, South Building, P.O. Box 96456, Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: Silvio Capponi, Jr., Deputy Director, 
USDA/AMS/Dairy Division, Room 2953, South Building, P.O. Box 96456, 
Washington, DC 20090-6456, (202) 720-4664.

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 Administrator of 
the Agricultural Marketing Service has certified that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The proposed amendment would modify the term 
expiration date of National Dairy Board members 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. The Dairy and Tobacco Adjustment Act of 1983 provides in 
section 121(a) that nothing in the Act may be construed to preempt or 
supersede any other program relating to dairy product promotion 
organized and operated under the laws of the United States or any 
State.
    The Dairy and Tobacco Adjustment Act of 1983 provides that 
administrative proceedings must be exhausted before parties may file 
suit in court. Under section 118(a) of the Act, any person subject to 
an order issued under the Act may file with the Secretary a petition 
stating that any such order or any provisions of the order or 
obligation imposed in connection with the order is not in accordance 
with law and request a modification of an order or to be exempted from 
the order. A petitioner is afforded the opportunity for a hearing on 
the petition. After the 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 carries on 
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.
    Section 1150.132(b) of the Dairy Research and Promotion Order 
currently provides that each member of the Board shall serve until 
April 30 of the year in which his/her term expires, except that a 
retiring member may serve until a successor is appointed. The proposed 
amendment would modify the term expiration date from April 30 to 
November 30.
    The National Dairy Promotion and Research Board, which administers 
the order, contends that the proposed amendment is necessary to enable 
it to operate more effectively to conclude yearly business. The Board 
indicates that the proposed amendment would take effect with the Board 
members seated at its annual meeting in December 1996. Additionally, it 
states that the proposed term of December through November closely 
corresponds with its fiscal year of January 1 through December 31.
    Accordingly, it may be appropriate to amend the aforesaid 
provision, effective December 1, 1996.

List of Subjects in 7 CFR Part 1150

    Dairy products, Reporting and recordkeeping requirements, Research.

    The proposed amendment, as set forth below, has not received the 
approval of the Secretary of Agriculture.
    For the reasons set forth in the preamble, it is proposed that 7 
CFR part 1150 be amended as follows:

PART 1150--[AMENDED]

    1. The authority citation for 7 CFR Part 1150 continues to read as 
follows:

    Authority: Pub. Law 98-180, 97 Stat. 1128.

Proposed by the National Dairy Promotion and Research Board

    2. Section 1150.132(b) is revised to read as follows:


Sec. 1150.132  Term of Office.

* * * * *
    (b) Each member of the Board shall serve until November 30 of the 
year in which his/her term expires, except that a retiring member may 
serve until a successor is appointed.
* * * * *
    Dated: June 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-13922 Filed 6-6-95; 8:45 am]
BILLING CODE 3410-02-P