[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Proposed Rules]
[Pages 9978-9979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1854]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1150

[Docket No. DA-06-04]


National Dairy Promotion and Research Program; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of regulatory review and request for comments.

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

DATES: Written comments on this notice must be received by May 1, 2006.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this notice of review to Whitney A. Rick, 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, 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: Whitney A. Rick, 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 Dairy Production Stabilization Act of 
1983

[[Page 9979]]

(Act) (7 U.S.C. Section 4501, et seq.) authorized a national dairy 
producer program designed to develop and finance promotion, research, 
and nutrition education programs to maintain and expand markets and 
uses for milk and dairy products in the contiguous 48 States. The 
program is conducted under the Dairy Promotion and Research Order (7 
CFR part 1150).
    The program became effective on May 1, 1984, when the Order was 
issued. The National Dairy Promotion and Research Program is funded by 
a mandatory assessment of 15 cents per hundredweight on all milk 
produced in the 48 contiguous states and marketed commercially. 
Producers can receive a credit of up to 10 cents a hundredweight for 
payments made to any State or regional dairy product promotion, 
research or nutrition education programs which are certified as 
qualified programs pursuant to the Order.
    The Order provides for the establishment of the National Dairy 
Promotion and Research Board (Dairy Board) that is composed of 36 
members appointed by the Secretary of Agriculture. Each member 
represents 1 of 13 Regions in the 48 contiguous States. The members of 
the Dairy Board serve 3-year terms and are eligible to be appointed to 
2 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 Dairy Promotion and Research Program (conducted under the 
Dairy Promotion and Research 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: February 23, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-1854 Filed 2-27-06; 8:45 am]
BILLING CODE 3410-02-P