National Dairy Promotion and Research Program; Invitation To Submit Comments on Proposed Amendments to the Order, 44176-44178 [08-1469]
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44176
Proposed Rules
Federal Register
Vol. 73, No. 147
Wednesday, July 30, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
FOR FURTHER INFORMATION CONTACT:
7 CFR Part 1150
[Docket No. AMS DA–08–0035; DA–08–02]
National Dairy Promotion and
Research Program; Invitation To
Submit Comments on Proposed
Amendments to the Order
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
dwashington3 on PRODPC61 with PROPOSALS
SUMMARY: This document invites
comments on a proposed amendment to
the Dairy Promotion and Research Order
(Dairy Order). The proposal would
modify the composition of the National
Dairy Promotion and Research Board
(Dairy Board) by changing the number
of member seats in six of the 13
geographic regions. This modification
was requested by the Dairy Board,
which administers the Dairy Order, to
better reflect the geographic distribution
of milk production in the 48 contiguous
States. The Department will issue a final
rule once public comments have been
received and considered.
DATES: Comments must be submitted on
or before August 14, 2008.
ADDRESSES: Comments on this proposed
rule should be identified with the
docket number AMS–DA–08–0035; DA–
08–02. Commenters should identify the
date and page number of the issue of the
Proposed Rule. Interested persons may
comment on this proposed rule using
either of the following procedures:
• Mail: Comments may be submitted
by mail to 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.
• Internet: https://
www.regulations.gov.
All comments to this proposed rule,
submitted by the above procedures will
be available for viewing at: https://
14:42 Jul 29, 2008
Jkt 214001
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.
This
proposed rule is issued pursuant to the
Dairy Production Stabilization Act (Act)
of 1983 [7 U.S.C. 4501–4514].
SUPPLEMENTARY INFORMATION:
AGENCY:
VerDate Aug<31>2005
www.regulations.gov, or at USDA, AMS,
Dairy Programs, Promotion and
Research Branch, Room 2958–S, 1400
Independence Ave., SW., Washington,
DC, from 9 a.m. to 4 p.m., Monday
through Friday, (except on official
Federal holidays). Persons wanting to
view comments in Room 2958–S are
requested to make an appointment in
advance by calling (202) 720–6909.
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 proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have a retroactive effect.
If adopted, this rule would 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 Dairy
Order may file with the Secretary a
petition stating that the Dairy Order, any
provision of the Dairy Order, or any
obligation imposed in connection with
the Dairy Order is not in accordance
with the law and request a modification
of the Dairy Order or to be exempted
from the Dairy 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.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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
Dairy Order. Most of the parties subject
to the Dairy Order are considered small
entities.
The proposed rule would amend the
Dairy Order by modifying the number of
member seats on the Dairy Board in six
of the 13 geographic regions. The
proposed amendment is being made to
better reflect the geographic distribution
of milk produced within each of the 13
regions of the contiguous 48 States.
The Dairy Order is administered by a
36-member Board representing 13
geographic regions within the
contiguous 48 States. The Dairy 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, the Dairy Board has
concluded that the number of Dairy
Board members for six of the 13
geographical regions should be changed.
The Dairy Board was last modified in
2003 based on 2002 milk production.
The proposed amendment should not
have a significant economic impact on
persons subject to the Dairy Order. The
proposed changes merely would allow
representation of the Dairy Board to
better reflect geographic milk
production in the contiguous 48 States.
E:\FR\FM\30JYP1.SGM
30JYP1
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Proposed Rules
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 Dairy Order have been previously
approved by OMB and assigned OMB
Control No. 0581–0093. No relevant
Federal rules have been identified that
duplicate, overlap, or conflict with this
rule.
Statement of Consideration
The Dairy Order is administered by a
36-member Dairy Board representing 13
geographic regions within the
contiguous 48 States. The Dairy 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 Dairy Board was last
modified in 2003 based on 2002 milk
production.
Based on a review of the 2007
geographic distribution of milk
production, the Dairy Board has
concluded that the number of Dairy
Board members for six of the 13
geographic regions should be changed.
Milk production
(mil lbs)
Region and States
44177
The Dairy Order specifies the formula
to be used to determine the number of
Dairy Board seats in each of the 13
geographic regions designated in the
Dairy Order. Under the formula, 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 proposed number of Dairy
Board seats for each region.
Percentage of
total milk
production
Current number
of board seats
Proposed
number of
board seats
1. Oregon, Washington ....................................................................
2. California ......................................................................................
3. Arizona, Colordao, Idaho, Montana, Nevada, Utah, Wyoming ...
4. Arkansas, Kansas, New Mexico, Oklahoma, Texas ...................
5. Minnesota, North Dakota, South Dakota ....................................
6. Wisconsin ....................................................................................
7. Illinois, Iowa, Missouri, Nebraska ................................................
8. Alabama, Kentucky, Louisiana, Mississippi, Tennessee .............
9. Indiana, Michigan, Ohio, West Virginia .......................................
10. Florida, Georgia, North Carolina, South Carolina, Virginia .......
11. Delaware, Maryland, New Jersey, Pennsylvania ......................
12. New York ...................................................................................
13. Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont ............................................................................
7,764
40,683
21,212
18,200
10,741
24,080
8,948
3,119
16,148
6,506
12,008
12,103
4.2
21.9
11.4
9.8
5.8
13.0
4.8
1.7
8.7
3.5
6.5
6.5
2
7
3
3
2
5
2
1
3
1
3
3
1
8
4
4
2
5
2
1
3
1
2
2
4,046
2.2
1
1
Total: 48 Contiguous States .....................................................
185,558
100
36
36
dwashington3 on PRODPC61 with PROPOSALS
* Based upon preliminary 2007 NASS milk production data, February 2008.
In 2007, total milk production was
185,558 million pounds and 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 proposes 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
VerDate Aug<31>2005
14:42 Jul 29, 2008
Jkt 214001
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 has determined
that Region 1 milk production data does
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
not continue to support 2 seats. Based
on the data, the Dairy Board is
recommending 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.
Accordingly, it is proposed 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
E:\FR\FM\30JYP1.SGM
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44178
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Proposed Rules
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.
A 15-day comment period is provided
for interested persons to comment on
this proposed rule. Twelve terms of
existing Dairy Board members will
expire on October 31, 2008. Thus, a 15day comment period is provided to
allow for a timely appointment of new
Dairy Board members based on the
current geographic distribution of milk
production in the contiguous 48 States.
List of Subjects in 7 CFR Part 1150
Dairy Products, Milk, Promotion,
Research.
For the reasons set forth in the
preamble, it is proposed that 7 CFR part
1150 be amended as follows:
PART 115—Dairy Promotion Program
1. The authority citation for 7 CFR
part 1150 continues to read as follows:
Authority: 7 U.S.C. 4501–4514 and 7
U.S.C. 7401
2. In § 1150.131, paragraphs (a)(1),
(a)(2), (a)(3), (a)(4), (a)(11), and (a)(12)
are revised as follows:
dwashington3 on PRODPC61 with PROPOSALS
§ 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: July 24, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 08–1469 Filed 7–24–08; 3:37 pm]
BILLING CODE 3410–02–P
VerDate Aug<31>2005
14:42 Jul 29, 2008
Jkt 214001
DEPARTMENT OF JUSTICE
8 CFR Parts 1001, 1003, 1292
[Docket No. EOIR 160P; A.G. Order No.
2980–2008]
RIN 1125–AA59
Professional Conduct for
Practitioners—Rules and Procedures,
and Representation and Appearances
Executive Office for
Immigration Review, Justice.
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: This rule proposes to change
the rules and procedures concerning the
standards of representation and
professional conduct for attorneys and
other practitioners who appear before
the Executive Office for Immigration
Review (EOIR), which includes the
immigration judges and the Board of
Immigration Appeals (Board), and to
clarify who is authorized to represent
and appear on behalf of individuals in
proceedings before the Board and the
immigration judges. Current regulations
set forth who may represent individuals
in proceedings before EOIR and also set
forth the rules and procedures for
imposing disciplinary sanctions against
attorneys or other practitioners who
engage in criminal, unethical, frivolous,
or unprofessional conduct before EOIR.
The proposed revisions would increase
the number of grounds for discipline
and improve the clarity and uniformity
of the existing rules while incorporating
miscellaneous technical and procedural
changes. The changes proposed herein
are based upon the Attorney General’s
recent initiative for improving the
adjudicatory processes for the
immigration judges and the Board, as
well as EOIR’s operational experience in
administering the disciplinary program
since the current process was
established in 2000.
DATES: Written comments must be
submitted on or before September 29,
2008.
ADDRESSES: Please submit written
comments to John N. Blum, Acting
General Counsel, Executive Office for
Immigration Review, 5107 Leesburg
Pike, Suite 2600, Falls Church, Virginia,
22041. To ensure proper handling,
please reference RIN No. 1125–AA59 or
EOIR docket number 160P on your
correspondence. You may view an
electronic version and provide
comments via the Internet by using the
www.regulations.gov comment form for
this regulation. When submitting
comments electronically, you must
include RIN No. 1125–AA59 in the
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
subject box. Additional information
regarding the posting of public
comments is in the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: John
N. Blum, Acting General Counsel,
Executive Office for Immigration
Review, 5107 Leesburg Pike, Suite 2600,
Falls Church, Virginia, 22041, telephone
(703) 305–0470 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments
received are considered part of the
public record and made available for
public inspection online at https://
www.regulations.gov. Such information
includes personal identifying
information (such as your name,
address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal
identifying information (such as your
name, address, etc.) as part of your
comment, but do not want it to be
posted online, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
all the personal identifying information
you do not want posted online in the
first paragraph of your comment and
identify what information you want
redacted.
If you want to submit confidential
business information as part of your
comment but do not want it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted on https://
www.regulations.gov.
Personal identifying information
identified and located as set forth above
will be placed in the agency’s public
docket file, but not posted online.
Confidential business information
identified and located as set forth above
will not be placed in the public docket
file. If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
FURTHER INFORMATION CONTACT
paragraph.
This rule proposes to amend 8 CFR
parts 1001, 1003, and 1292 by changing
the present definitions and procedures
concerning professional conduct for
practitioners, which term includes
attorneys and representatives, who
E:\FR\FM\30JYP1.SGM
30JYP1
]]>Agencies
[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Proposed Rules]
[Pages 44176-44178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1469]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 /
Proposed Rules
[[Page 44176]]
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; Invitation To
Submit Comments on Proposed Amendments to the Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document invites comments on a proposed amendment to the
Dairy Promotion and Research Order (Dairy Order). The proposal would
modify the composition of the National Dairy Promotion and Research
Board (Dairy Board) by changing the number of member seats in six of
the 13 geographic regions. This modification was requested by the Dairy
Board, which administers the Dairy Order, to better reflect the
geographic distribution of milk production in the 48 contiguous States.
The Department will issue a final rule once public comments have been
received and considered.
DATES: Comments must be submitted on or before August 14, 2008.
ADDRESSES: Comments on this proposed rule should be identified with the
docket number AMS-DA-08-0035; DA-08-02. Commenters should identify the
date and page number of the issue of the Proposed Rule. Interested
persons may comment on this proposed rule using either of the following
procedures:
Mail: Comments may be submitted by mail to 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.
Internet: https://www.regulations.gov.
All comments to this proposed rule, submitted by the above
procedures will be available for viewing at: https://
www.regulations.gov, or at USDA, AMS, Dairy Programs, Promotion and
Research Branch, Room 2958-S, 1400 Independence Ave., SW., Washington,
DC, from 9 a.m. to 4 p.m., Monday through Friday, (except on official
Federal holidays). Persons wanting to view comments in Room 2958-S are
requested to make an appointment in advance by calling (202) 720-6909.
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 proposed rule is issued pursuant to the
Dairy Production Stabilization Act (Act) of 1983 [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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule is not intended to have a
retroactive effect. If adopted, this rule would 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 Dairy Order may file with the
Secretary a petition stating that the Dairy Order, any provision of the
Dairy Order, or any obligation imposed in connection with the Dairy
Order is not in accordance with the law and request a modification of
the Dairy Order or to be exempted from the Dairy 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
Dairy Order. Most of the parties subject to the Dairy Order are
considered small entities.
The proposed rule would amend the Dairy Order by modifying the
number of member seats on the Dairy Board in six of the 13 geographic
regions. The proposed amendment is being made to better reflect the
geographic distribution of milk produced within each of the 13 regions
of the contiguous 48 States.
The Dairy Order is administered by a 36-member Board representing
13 geographic regions within the contiguous 48 States. The Dairy 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, the Dairy Board has concluded that the number of Dairy
Board members for six of the 13 geographical regions should be changed.
The Dairy Board was last modified in 2003 based on 2002 milk
production.
The proposed amendment should not have a significant economic
impact on persons subject to the Dairy Order. The proposed changes
merely would allow representation of the Dairy Board to better reflect
geographic milk production in the contiguous 48 States.
[[Page 44177]]
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 Dairy Order
have been previously approved by OMB and assigned OMB Control No. 0581-
0093. No relevant Federal rules have been identified that duplicate,
overlap, or conflict with this rule.
Statement of Consideration
The Dairy Order is administered by a 36-member Dairy Board
representing 13 geographic regions within the contiguous 48 States. The
Dairy 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 Dairy Board was last modified in
2003 based on 2002 milk production.
Based on a review of the 2007 geographic distribution of milk
production, the Dairy Board has concluded that the number of Dairy
Board members for six of the 13 geographic regions should be changed.
The Dairy Order specifies the formula to be used to determine the
number of Dairy Board seats in each of the 13 geographic regions
designated in the Dairy Order. Under the formula, 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 proposed number of Dairy Board
seats for each region.
----------------------------------------------------------------------------------------------------------------
Percentage of
Region and States Milk production total milk Current number Proposed number
(mil lbs) production of board seats of board seats
----------------------------------------------------------------------------------------------------------------
1. Oregon, Washington.................. 7,764 4.2 2 1
2. California.......................... 40,683 21.9 7 8
3. Arizona, Colordao, Idaho, Montana, 21,212 11.4 3 4
Nevada, Utah, Wyoming..................
4. Arkansas, Kansas, New Mexico, 18,200 9.8 3 4
Oklahoma, Texas........................
5. Minnesota, North Dakota, South 10,741 5.8 2 2
Dakota.................................
6. Wisconsin........................... 24,080 13.0 5 5
7. Illinois, Iowa, Missouri, Nebraska.. 8,948 4.8 2 2
8. Alabama, Kentucky, Louisiana, 3,119 1.7 1 1
Mississippi, Tennessee.................
9. Indiana, Michigan, Ohio, West 16,148 8.7 3 3
Virginia...............................
10. Florida, Georgia, North Carolina, 6,506 3.5 1 1
South 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, 4,046 2.2 1 1
New Hampshire, Rhode Island, Vermont...
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Total: 48 Contiguous States........ 185,558 100 36 36
----------------------------------------------------------------------------------------------------------------
* Based upon preliminary 2007 NASS milk production data, February 2008.
In 2007, total milk production was 185,558 million pounds and 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 proposes
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 has
determined that Region 1 milk production data does not continue to
support 2 seats. Based on the data, the Dairy Board is recommending
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.
Accordingly, it is proposed 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
[[Page 44178]]
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.
A 15-day comment period is provided for interested persons to
comment on this proposed rule. Twelve terms of existing Dairy Board
members will expire on October 31, 2008. Thus, a 15-day comment period
is provided to allow for a timely appointment of new Dairy Board
members based on the current geographic distribution of milk production
in the contiguous 48 States.
List of Subjects in 7 CFR Part 1150
Dairy Products, Milk, Promotion, Research.
For the reasons set forth in the preamble, it is proposed that 7
CFR part 1150 be amended as follows:
PART 115--Dairy Promotion Program
1. The authority citation for 7 CFR part 1150 continues to read as
follows:
Authority: 7 U.S.C. 4501-4514 and 7 U.S.C. 7401
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: July 24, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-1469 Filed 7-24-08; 3:37 pm]
BILLING CODE 3410-02-P
