National Dairy Promotion and Research Program; Final Rule on Amendments to the Dairy Promotion and Research Order, 56449-56451 [E8-22739]
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Rules and Regulations
Federal Register
Vol. 73, No. 189
Monday, September 29, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
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REGISTER issue of each week.
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.
jlentini on PROD1PC65 with RULES
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
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16:29 Sep 26, 2008
Jkt 214001
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 36member 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
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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 36member 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
E:\FR\FM\29SER1.SGM
29SER1
56450
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations
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
Milk
production
(mil lbs)
Region and states
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.
Percentage of
total milk
production
Current
number of
board seats
Proposed
number of
board seats
1: Oregon, Washington ..................................................................................
2: California ....................................................................................................
3: Arizona, Colorado, 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
36
36
100
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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
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16:29 Sep 26, 2008
Jkt 214001
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.
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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.
For the reasons set forth in the
preamble, 7 CFR part 1150 is amended
as follows:
■
PART 1150—DAIRY PROMOTION
PROGRAM
1. The authority citation for 7 CFR
part 1150 continues to read as follows:
■
E:\FR\FM\29SER1.SGM
29SER1
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations
Authority: 7 U.S.C. 4501–4514 and 7
U.S.C. 7401.
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–1246, e-mail:
maxwell.smith@nrc.gov.
SUPPLEMENTARY INFORMATION:
2. In § 1150.131, paragraphs (a)(1),
(a)(2), (a)(3), (a)(4), (a)(11), and (a)(12)
are revised as follows:
■
§ 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
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 140
RIN 3150–AI44
[NRC–2008–0512]
Inflation Adjustment to the PriceAnderson Act Financial Protection
Regulations
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The Atomic Energy Act of
1954, as amended, (AEA) requires the
NRC to adjust the maximum total and
annual standard deferred premiums
specified in the Price-Anderson Act for
inflation at least once during each 5year period following August 20, 2003.
The NRC is amending its regulations to
satisfy this requirement.
DATES: This rule is effective on October
29, 2008.
FOR FURTHER INFORMATION CONTACT:
Maxwell C. Smith, Office of the General
jlentini on PROD1PC65 with RULES
SUMMARY:
VerDate Aug<31>2005
16:29 Sep 26, 2008
Jkt 214001
I. Background
II. Discussion of Final Rule
III. Voluntary Consensus Standard
IV. Environmental Impact: Categorical
Exclusion
V. Paperwork Reduction Act Statement
VI. Regulatory Analysis
VII. Regulatory Flexibility Certification
VIII. Backfit Analysis
IX. Congressional Review Act
I. Background
Section 604 of the Energy Policy Act
of 2005, Public Law 109–58, amended
section 170 of the AEA (‘‘PriceAnderson Act’’) to require the NRC to
adjust the maximum total and annual
standard deferred premiums not less
than once during each 5-year period
following August 20, 2003 in
accordance with the aggregate
percentage change in the Consumer
Price Index. The NRC made the initial
changes to the Price-Anderson Act
amounts required by section 604 of the
Energy Policy Act on October 27, 2005
(70 FR 61885). This final rule makes the
required inflation adjustments to the
maximum total and annual standard
deferred premiums.
This rule simply incorporates
mandatory statutory requirements.
Accordingly, good cause exists under 5
U.S.C. section 553(d)(3) to publish this
final rule without soliciting public
comment because the Commission has
no discretion in these matters and
public comment would serve no useful
purpose. The NRC is required only to
perform ministerial computations. The
revisions are being published as a final
rule that will become effective 30 days
from the date of publication in the
Federal Register.
II. Discussion of the Final Rule
Section 170t. ‘‘Inflation Adjustment’’
of the AEA requires the NRC to ‘‘adjust
the amount of the maximum total and
annual standard deferred premium
under subsection b.(1) not less than
once during each 5-year period
following August 20, 2003 in
accordance with the aggregate
percentage change in the Consumer
Price Index.’’ The NRC’s implementing
regulations for the Price-Anderson Act
are found in 10 CFR part 140.
Accordingly, the Commission is
amending 10 CFR 140.11, ‘‘Amounts of
financial protection for certain
reactors’’, to adjust for the increase in
inflation since August 20, 2003.
Specifically, as set forth in section 170t.
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56451
of the AEA, the Commission is adjusting
the amount of the maximum total and
annual standard deferred premium.
The current maximum total deferred
premium in 10 CFR 140.11(a)(4) is
$95,800,000 and the maximum annual
deferred premium is $15,000,000. The
Consumer Price Index in August 2003
was 183.9. The most recent Consumer
Price Index, April 2008, is 214.823. This
represents an increase of approximately
16.82%. When this increase is applied
to the maximum total and annual
standard deferred premium and
rounded, the new maximum total
deferred premium is $111,900,000, and
the maximum annual deferred premium
is $17,500,000. Section 140.11(a)(4) is
being changed accordingly.
III. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995, Public
Law 104–113, requires that Federal
agencies use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless
using such a standard is inconsistent
with applicable law or is otherwise
impractical. In this rule, the NRC is
revising its regulations to reflect
statutory mandates contained in the
Energy Policy Act of 2005. This action
does not constitute the establishment of
a standard that contains generally
applicable requirements.
IV. Environmental Impact: Categorical
Exclusion
The Commission has determined that
this final rule is the type of action
described as a categorical exclusion in
10 CFR 51.22(c)(1). Therefore, neither
an environmental impact statement nor
an environmental assessment has been
prepared for this final rule.
V. Paperwork Reduction Statement
This final rule does not contain
information collection requirements
and, therefore, is not subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
VI. Regulatory Analysis
A regulatory analysis has not been
prepared for this regulation. This rule
amends NRC regulations to be
consistent with provisions of the
E:\FR\FM\29SER1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Rules and Regulations]
[Pages 56449-56451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22739]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 /
Rules and Regulations
[[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.
-----------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
Milk Percentage of Current Proposed
Region and states production total milk number of number of
(mil lbs) production board seats board seats
----------------------------------------------------------------------------------------------------------------
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..............
----------------------------------------------------------------
Total: 48 Contiguous States................ 185,558 100 36 36
----------------------------------------------------------------------------------------------------------------
* 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
