[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Rules and Regulations]
[Page 27003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13614]



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  Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules 
and Regulations  

[[Page 27003]]



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.

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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:


Sec. 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 Sec. 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]
BILLING CODE 3410-02-P