[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2045]
[[Page Unknown]]
[Federal Register: January 31, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1150
[Docket No. DA-94-01]
RIN 0581-AB10
Dairy Promotion Program; Invitation To Submit Comments on
Proposed Amendments to the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule proposes amendments to the producer-funded Dairy
Promotion and Research Order and provides the public with an
opportunity to comment on the proposed amendments. The proposal would
modify the composition of the National Dairy Promotion and Research
Board by adding one Board seat to Region 4 and removing one Board seat
from Region 8.
DATES: Comments must be postmarked no later than March 2, 1994.
ADDRESSES: Comments should be sent to: Director, 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 2753, 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 action would
not have a significant economic impact on a substantial number of small
entities. The proposed change in the composition of the National Dairy
Promotion and Research Board will result in no economic effect on any
entity engaged in the dairy industry.
The Department is issuing this proposed rule in conformance with
Executive Order 12866.
The proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action 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
any order issued under the Act may file with the Secretary a petition
stating that any such order or any provision of such order or any
obligation imposed in connection therewith is not in accordance with
law and requesting modification thereof or an exemption therefrom. The
petitioner shall thereupon be given an opportunity for a hearing 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 within 20 days from the date of
the entry of the ruling.
Section 1150.131(c) of the Dairy Promotion and Research Order
specifies that the National Dairy Promotion and Research Board shall
review the geographic distribution of milk production volume throughout
the United States and, if warranted, shall recommend to the Secretary a
reapportionment of the regions and/or a modification of the number of
members from regions in order to best reflect the geographic
distribution of milk production volume in the United States. Section
1150.131(d) of the order specifies the formula to be used to determine
the number of Board seats to represent each of the 13 geographic
regions of the country designated in the order. Under the formula,
total milk production for the 48 States for the previous calendar year
is divided by 36 to determine a factor of pounds of milk represented by
each board member. The resulting factor is then divided into the pounds
of milk produced in each region to determine the number of Board
members for each region.
The initial Board that was established in 1984 was based on 1983
milk production. The Board was last modified in 1989 based on 1987 milk
production. In 1983, each Board member represented about 3,875 million
pounds of the 139,509 million pounds of milk produced in the 48 States.
During 1992, total milk production increased to 151,589 million pounds,
which indicated that each of the 36 Board members would represent 4,211
million pounds of milk.
Based on a review of the 1992 geographic distribution of milk
production, the Board has concluded that the number of Board members
for two of the 13 geographic regions should be changed. Milk production
in Region 4 (Arkansas, Kansas, New Mexico, Oklahoma, and Texas)
increased to 11,000 million pounds in 1992 from 8,438 million pounds in
1987, indicating 2.61 board members based on 1992 production (11,000
divided by 4,211=2.61) compared to 2.14 Board members based on 1987
production (8,438 divided by 3,952=2.14). Also, milk production in
Region 8 (Alabama, Kentucky, Louisiana, Mississippi, and Tennessee)
decreased to 6,547 million pounds in 1992 from 6,706 million pounds in
1987, indicating 1.55 board members based on 1992 production (6,547
divided by 4,211=1.55) compared to 1.70 board members based on 1987
production (6,706 divided by 3,952=1.70). Thus, the Board has proposed
that the number of Board members for Region 4 be increased from two to
three and that the number of Board members for Region 8 be decreased
from two to one so that the Board will best reflect the geographic
distribution of milk production volume throughout the United States.
List of Subjects in 7 CFR Part 1150
Dairy products, Reporting and recordkeeping requirements, Research.
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.
The proposed amendments, as set forth below, have not received the
approval of the Secretary of Agriculture.
Proposed by the National Dairy Promotion and Research Board
2. In Sec. 1150.131, paragraphs (a)(4) and (a)(8) are revised to
read as follows:
Sec. 1150.131 Establishment and membership.
(a) * * *
(4) Three members from region number four comprised of the
following States: Arkansas, Kansas, New Mexico, Oklahoma and Texas.
* * * * *
(8) One member from region number eight comprised of the following
States: Alabama, Kentucky, Louisiana, Mississippi and Tennessee.
* * * * *
Dated: January 20, 1994.
Kenneth C. Clayton,
Deputy Deputy-Assistant Secretary, Marketing and Inspection Service.
[FR Doc. 94-2045 Filed 1-28-94; 8:45 am]
BILLING CODE 3410-02-P
