[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Rules and Regulations]
[Page 56449-56451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se08-1]
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Rules and Regulations
Federal Register
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[[Page 56449]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1150
[Docket No. AMS DA-08-0035; DA-08-02]
National Dairy Promotion and Research Program; Final Rule on
Amendments to the Dairy Promotion and Research Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the Dairy Promotion and Research Order
(Order). The amendment modifies the composition of the National Dairy
Promotion and Research Board (Dairy Board) by changing the number of
members in six of the 13 geographic regions. The Dairy Board, which
administers the Order, requested the amendment in order to better
reflect the geographic distribution of milk production in the
contiguous 48 States.
DATES: Effective Date: September 30, 2008.
FOR FURTHER INFORMATION CONTACT: Whitney A. Rick, Chief, Promotion and
Research Branch, Dairy Programs, AMS, USDA, 1400 Independence Ave.,
SW., Room 2958-S, Stop 0233, Washington, DC 20250-0233. Phone: (202)
720-6909. E-mail: Whitney.Rick@usda.gov.
SUPPLEMENTARY INFORMATION: This final rule is issued pursuant to the
Dairy Production Stabilization Act (Act) of 1983, as amended [7 U.S.C.
4501-4514].
Executive Order 12866
The Office of Management and Budget has waived the review process
required by Executive Order 12866 for this action.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This final 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 Dairy Act provides that administrative proceedings must be
exhausted before parties may file suit in court. Under Section 4509 of
the Dairy Act, any person subject to the 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. Such person is afforded the opportunity for
a hearing on the petition. After a hearing, the Secretary would rule on
the petition. The Dairy 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 on the petition, provided a complaint is filed not
later than 20 days after the date of the entry of the ruling.
Regulatory Flexibility Act
The Agricultural Marketing Service (AMS) has determined that this
rule will not have a significant economic impact on a substantial
number of small entities, as defined by the Regulatory Flexibility Act
(5 U.S.C. 601-612).
For the purpose of the Regulatory Flexibility Act, small businesses
in the dairy industry have been defined as those employing less than
500 employees. For the purpose of the Regulatory Flexibility Act, a
dairy farm is considered a ``small business'' if it has an annual gross
revenue of less than $750,000. In the 48 contiguous States, there are
approximately 70,000 dairy farms subject to the provisions of this
Order. Most of the parties subject to the Order are considered small
entities.
The Order is administered by a 36-member Board representing 13
geographic regions within the contiguous 48 States. The Order provides
that the Dairy Board shall review the geographic distribution of milk
production throughout the United States and, if warranted, shall
recommend to the Secretary a reapportionment of the regions and/or
modification of the number of members from regions in order to better
reflect the geographic distribution of milk production volume in the 48
contiguous States.
Based on a review of the 2007 geographic distribution of milk
production, it has been determined that the number of Dairy Board
members for six of the 13 geographic regions should be changed. The
Dairy Board was last modified in 2003 based on 2002 milk production.
The amendment will not have a significant economic impact on
persons subject to the Order. The proposed changes merely allow
representation of the Dairy Board to better reflect geographic milk
production in the contiguous 48 States. Finally, no relevant Federal
rules have been identified that duplicate, overlap, or conflict with
this rule.
Paperwork Reduction Act
In accordance with the Office of Management and Budget (OMB)
regulation [5 CFR part 1320] which implements the Paperwork Reduction
Act of 1995 [44 U.S.C. chapter 35], the information collection
requirements and recordkeeping provisions imposed by the Order have
been previously approved by OMB and assigned OMB Control No. 0581-0093.
Prior Documents in This Proceeding
Proposed Rule: Issued July 24, 2008; published July 30, 2008 (73 FR
44176).
Statement of Consideration
The Order is administered by a 36-member Dairy Board. This final
rule amends the Order by modifying the number of members on the Board
in six of the 13 geographic regions. The amendment modifies the
composition of the Board to better reflect current milk production
within each of the 13 geographic regions of the contiguous 48 States.
The Order provides in section 1150.131 that the Dairy Board shall
review the geographic distribution of milk production volume throughout
the contiguous 48 States and, if warranted, shall recommend to the
Secretary a reapportionment of the regions and/or modification of the
number of members from regions in order to best reflect the geographic
distribution of milk production in the contiguous 48 States. The Dairy
Board is required to conduct the review at least every five years and
not more than every three years. The
[[Page 56450]]
Dairy Board was last modified in 2003 based on 2002 milk production.
In determining the number of Dairy Board seats for each of the 13
geographic regions designated in the Order, the total milk production
for the contiguous 48 states for the previous calendar year is divided
by 36 to determine a factor of pounds of milk represented by each Dairy
Board member. The resulting factor is then divided into the pounds of
milk produced in each region to determine the number of Dairy Board
members for each region. Accordingly, the following table summarizes by
region the volume of milk production distribution for 2007, the
percentage of total milk production, the current number of Dairy Board
seats per region, and the adopted number of Dairy Board seats for each
region.
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Milk Percentage of Current Proposed
Region and states production total milk number of number of
(mil lbs) production board seats board seats
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1: Oregon, Washington.......................... 7,764 4.2 2 1
2: California.................................. 40,683 21.9 7 8
3: Arizona, Colorado, Idaho, Montana, Nevada, 21,212 11.4 3 4
Utah, Wyoming.................................
4: Arkansas, Kansas, New Mexico, Oklahoma, 18,200 9.8 3 4
Texas.........................................
5: Minnesota, North Dakota, South Dakota....... 10,741 5.8 2 2
6: Wisconsin................................... 24,080 13.0 5 5
7: Illinois, Iowa, Missouri, Nebraska.......... 8,948 4.8 2 2
8: Alabama, Kentucky, Louisiana, Mississippi, 3,119 1.7 1 1
Tennessee.....................................
9: Indiana, Michigan, Ohio, West Virginia...... 16,148 8.7 3 3
10: Florida, Georgia, North Carolina, South 6,506 3.5 1 1
Carolina, Virginia............................
11: Delaware, Maryland, New Jersey, 12,008 6.5 3 2
Pennsylvania..................................
12: New York................................... 12,103 6.5 3 2
13: Connecticut, Maine, Massachusetts, New 4,046 2.2 1 1
Hampshire, Rhode Island, Vermont..............
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Total: 48 Contiguous States................ 185,558 100 36 36
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* Based upon preliminary 2007 NASS milk production data, February 2008.
Upon the basis of its review of geographic milk production volume,
the Dairy Board proposed that the number of members in six of the 13
geographic regions be changed. The current review conducted by the
Dairy Board is based on 2007 data. In 2007, total milk production was
185,558 million pounds, which indicates that each of the Dairy Board
members would represent 5,154 million pounds of milk. For 2002, total
milk production was 169,643 million pounds of milk and each of the
Board members represented 4,712 million pounds of milk.
Based on the 2007 milk production data, the Dairy Board proposed
that member representation in Region 2 (California), Region 3 (Arizona,
Colorado, Idaho, Montana, Nevada, Utah, and Wyoming), and Region 4
(Arkansas, Kansas, New Mexico, Oklahoma, and Texas) each be increased
by one member, and member representation in Region 1 (Oregon and
Washington), Region 11 (Delaware, Maryland, New Jersey, and
Pennsylvania), and Region 12 (New York) each be decreased by one
member.
Milk production in Region 2 increased to 40,683 million pounds in
2007, up from 34,884 million pounds in 2002, indicating eight Dairy
Board members (40,683 divided by 5,154 = 8) compared to seven Dairy
Board members based on 2002 milk production data. Milk production in
Region 3 increased to 21,212 million pounds in 2007, up from 16,291
million pounds in 2002, indicating four Dairy Board members (21,212
divided by 5,154 = 4) compared to three Dairy Board members based on
2002 milk production data. Milk production in Region 4 increased to
18,200 million pounds in 2007, up from 15,313 million pounds in 2002,
indicating four Dairy Board members (18,200 divided by 5,154 = 4)
compared to three Dairy Board members based on 2002 milk production
data.
Milk production in Region 1 increased to 7,764 million pounds in
2007, up from 7,713 million pounds in 2002. The Dairy Board determined
that Region 1 milk production data does not continue to support 2
seats. Based on the data, the Dairy Board recommended that one seat
from Region 1 be assigned to another region, thereby reducing Region 1
Dairy Board members from two members to one member. In Region 11, milk
production decreased to 12,008 million pounds in 2007 down from 12,492
million pounds in 2002, indicating two Dairy Board members for the
region (12,008 divided by 5,154 = 2) compared to three members based on
2002 data. Also, in Region 12, milk production decreased to 12,103
million pounds in 2007 down from 12,217 million pounds in 2002,
indicating two Dairy Board members for the region (12,103 divided by
5,154 = 2) compared to three members based on 2002 data.
Interested parties were provided an opportunity to file comments on
the proposed rule. No comments were received were received by the
Department.
This final rule adopts the Dairy Board's proposal that member
representation in Region 2 be increased from seven members to eight
members, and Region 3 and Region 4 representation each be increased
from three members to four members; Region 1 representation be
decreased from two members to one member and Region 11 and Region 12
representation each be decreased from three members to two members.
Pursuant to 5 U.S.C. 553, it is found and determined that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register because this rule
should be in effect as soon as possible to appoint Board members for
the 2008-2011 term.
List of Subjects in 7 CFR Part 1150
Dairy products, Milk, Promotion, Research.
0
For the reasons set forth in the preamble, 7 CFR part 1150 is amended
as follows:
PART 1150--DAIRY PROMOTION PROGRAM
0
1. The authority citation for 7 CFR part 1150 continues to read as
follows:
[[Page 56451]]
Authority: 7 U.S.C. 4501-4514 and 7 U.S.C. 7401.
0
2. In Sec. 1150.131, paragraphs (a)(1), (a)(2), (a)(3), (a)(4),
(a)(11), and (a)(12) are revised as follows:
Sec. 1150.131 Establishment and membership.
(a) * * *
(1) One member from region number one comprised of the following
States: Washington and Oregon.
(2) Eight members from region number two comprised of the following
State: California.
(3) Four members from region number three comprised of the
following States: Arizona, Colorado, Idaho, Montana, Nevada, Utah and
Wyoming.
(4) Four members from region number four comprised of the following
States: Arkansas, Kansas, New Mexico, Oklahoma and Texas.
* * * * *
(11) Two members from region number eleven comprised of the
following States: Delaware, Maryland, New Jersey and Pennsylvania.
(12) Two members from region number twelve comprised of the
following State: New York.
* * * * *
Dated: September 23, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-22739 Filed 9-26-08; 8:45 am]
BILLING CODE 3410-02-P