[Federal Register Volume 69, Number 61 (Tuesday, March 30, 2004)]
[Proposed Rules]
[Pages 16508-16509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7003]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1160

[Docket No. DA-04-02]


National Fluid Milk Processor Promotion Program; Section 610 
Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of regulatory review and request for comments.

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SUMMARY: This action announces the Agricultural Marketing Service's 
(AMS) review of the National Fluid Milk Processor Promotion Program 
(conducted under the Fluid Milk Promotion Order), using the criteria 
contained in Section 610 of the Regulatory Flexibility Act (RFA).

DATES: Written comments on this document must be received by June 1, 
2004.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this notice of review to David R. Jamison, Chief, Promotion 
and Research Branch, USDA/AMS/Dairy Programs, STOP 0233--Room 2958-S, 
1400 Independence Avenue SW., Washington, DC 20250-0233. You may send 
your comments by using the electronic process available at the Federal 
rulemaking portal at http://www.regulations.gov. All comments,

[[Page 16509]]

which should reference the docket number and the date and page number 
of this issue of the Federal Register, will be made available for 
public inspection at the location provided above during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: David R. Jamison, USDA/AMS/Dairy 
Programs, Promotion and Research Branch, Stop 0233--Room 2958-S, 1400 
Independence Avenue SW., Washington, DC 20250-0233, (202) 720-6909, 
[email protected].

SUPPLEMENTARY INFORMATION: The Fluid Milk Promotion Act of 1990 (Act) 
(7 U.S.C. Section 6401, et seq.) authorized the Fluid Milk Promotion 
Order (Order) (7 CFR part 1160), a national processor program for fluid 
milk promotion and education. The program's objective is to educate 
Americans about the benefits of milk, increase fluid milk consumption, 
and maintain and expand markets and uses for fluid milk products in the 
contiguous 48 States and the District of Columbia.
    The program became effective on December 10, 1993, when the Order 
was issued. Processors marketing more than 3,000,000 pounds of fluid 
milk per month, excluding those fluid milk products delivered to the 
residence of a consumer, fund this program through a 20-cent per 
hundredweight assessment on fluid milk processed and marketed in 
consumer-type packages in the contiguous 48 States and the District of 
Columbia.
    The Order provides for the establishment of the Fluid Milk Board, 
which is composed of 20 members appointed by the Secretary of 
Agriculture. Fifteen members are fluid milk processors who each 
represent a separate geographical region, and five are at-large 
members. Of the five at-large members, at least three must be fluid 
milk processors and at least one must be from the general public. The 
members of the Fluid Milk Board serve 3-year terms and are eligible to 
be appointed to two consecutive terms.
    AMS published in the Federal Register its plan (64 FR 8014, 
February 18, 1999), and later its updated plan (68 FR 48574, August 14, 
2003), to review certain regulations using criteria contained in 
Section 610 of the RFA (5 U.S.C. 601-612). Given that many AMS 
regulations impact small entities, AMS decided as a matter of policy to 
review certain regulations which, although they may not meet the 
threshold requirement under Section 610 of the RFA, warrant review. 
Accordingly, this notice and request for comments is made for the 
National Fluid Milk Processor Promotion Program (conducted under the 
Fluid Milk Promotion Order).
    The purpose of the review is to determine whether the Order should 
be continued without change, amended, or rescinded (consistent with the 
objectives of the Act) to minimize any significant economic impact of 
rules upon a substantial number of small entities. AMS will consider 
the continued need for the Order; the nature of complaints or comments 
received from the public concerning the Order; the complexity of the 
Order; the extent to which the Order overlaps, duplicates, or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local government rules; and the length of time since the Order has been 
evaluated or the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the Order.
    Written comments, views, opinions, and other information regarding 
the Order's impact on small businesses are invited.

    Dated: March 24, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-7003 Filed 3-29-04; 8:45 am]
BILLING CODE 3410-02-P