National Dairy Promotion and Research Program Order, 18802-18804 [2016-07413]
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18802
Proposed Rules
Federal Register
Vol. 81, No. 63
Friday, April 1, 2016
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
7 CFR Part 1150
[Document No. AMS–DA–14–0074]
National Dairy Promotion and
Research Program Order
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This document invites
comments on a proposed amendment to
the Dairy Promotion and Research Order
(Dairy Order). The proposal would
modify the number of National Dairy
Promotion and Research Board (Dairy
Board) importer members. The total
number of domestic Dairy Board
members would remain the same at 36
and the total number of importer
members would be reduced from 2 to 1.
The Dairy Order requires that at least
once every three years, after the initial
appointment of importer members on
the Dairy Board, the Secretary shall
review the average volume of domestic
production of dairy products compared
to the average volume of imports of
dairy products into the United States
during the previous three years and, on
the basis of that review, if warranted,
reapportion the importer representation
on the Dairy Board to reflect the
proportional shares of the United States
market served by domestic production
and imported dairy products. This
reapportionment review is the first
conducted since importer members
were appointed to the Dairy Board on
November 2, 2011. The review could
not be conducted prior to 2015 since the
required data was not available.
DATES: Comments must be submitted on
or before May 2, 2016.
ADDRESSES: Comments on this proposed
rule should be identified with the
docket number AMS–DA–14–0074.
Commenters should identify the date
and page number of the issue of the
proposed rule. Interested persons may
Lhorne on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
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14:16 Mar 31, 2016
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comment on this proposed rule using
either of the following procedures:
• Mail: Comments may be submitted
by mail to Whitney A. Rick, Director,
Promotion, Research and Planning
Division, Dairy Program, AMS, USDA,
1400 Independence Ave. SW., Room
2958–S, Stop 0233, Washington, DC
20250–0233.
• Fax: Comments may be faxed to
(202) 720–0285.
• Email: Comments may be emailed
to Whitney.Rick@ams.usda.gov.
• Internet: www.regulations.gov.
All comments to this proposed rule,
submitted by the above procedures will
be available for viewing at:
www.regulations.gov, or at USDA, AMS,
Dairy Program, Promotion, Research and
Planning Division, 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, Director, Promotion,
Research, and Planning Division, Dairy
Program, AMS, USDA, 1400
Independence Ave. SW., Room 2958–S,
Stop 0233, Washington, DC 20250–
0233. Phone: (202) 720–6909. Email:
Whitney.Rick@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
proposed rule is issued pursuant to the
Dairy Production Stabilization Act
(Dairy Act) of 1983, Pub L. 98–180 as
codified in 7 U.S.C. 4501–4514, as
amended.
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 118 of the Dairy
Act, any person subject to the Dairy
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Sfmt 4702
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 (7 U.S.C. 4509).
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
In accordance with the Regulatory
Flexibility Act (5 U.S.C. 601–612), the
Agricultural Marketing Service has
considered the economic impact of this
action on small entities and has certified
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities.
The purpose of the Regulatory
Flexibility Act is to fit regulatory actions
to the scale of businesses subject to such
actions so that small businesses will not
be disproportionately burdened.
The Dairy Act authorizes a national
program for dairy product promotion,
research and nutrition education.
Congress found that it is in the public
interest to authorize the establishment
of an orderly procedure for financing
(through assessments on all milk
produced in the United States for
commercial use and on imported dairy
products) and carrying out a
coordinated program of promotion
designed to strengthen the dairy
industry’s position in the marketplace
and to maintain and expand domestic
and foreign markets and uses for fluid
milk and dairy products.
According to the U.S. Customs and
Border Protection (CBP), in 2014,
approximately 1,400 importers paid
assessments under Section 1150.152(b).
Although data is not available
concerning the sizes of these firms, it is
reasonable to assume that most of them
would be considered small businesses.
Although many types of businesses
import dairy products, the most
common classification for dairy product
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01APP1
Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Proposed Rules
importers is Grocery and Related
Product Merchant Wholesalers (North
American Industry Classification
System, category 4244). The Small
Business Administration [13 CFR
121.201] defines such entities with
fewer than 500 employees as small
businesses.
The proposed rule would amend the
Dairy Order by modifying the number of
Dairy Board importer members.
Currently, the Dairy Order is
administered by a 38-member Dairy
Board, 36 members representing 12
geographic regions within the United
States and 2 members representing
importers. The Dairy Order at section
1150.131(f) provides that at least once
every three years, after the initial
appointment of importer members on
the Dairy Board, the Secretary shall
review the average volume of domestic
production of dairy products compared
to the average volume of imports of
dairy products into the United States
during the previous three years and, on
the basis of that review, if warranted,
reapportion the importer representation
on the Board to reflect the proportional
shares of the United States market
served by domestic production and
imported dairy products.
The proposed amendment should not
have a significant economic impact on
persons subject to the Dairy Order. The
proposed changes merely would allow
representation on the Dairy Board to
better reflect the volume of dairy
product imports into the United States.
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
record keeping 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
38-member Dairy Board, 36 members
representing 12 geographic regions
within the United States and 2 members
representing importers. The Dairy Order
requires in Section 1150.131(f) that at
least once every three years, after the
initial appointment of importer
representatives on the Dairy Board, the
Secretary shall review the average
volume of domestic production of dairy
products compared to the average
volume of imports of dairy products
into the United States during the
previous three years and, on the basis of
that review, if warranted, reapportion
the importer representation on the Dairy
Board to reflect the proportional shares
of the United States market served by
domestic production and imported
dairy products. This reapportionment
review is the first conducted since
importer members were appointed to
the Dairy Board in 2011.
For initial representation of importers,
the Dairy Act states ‘‘In making initial
appointments to the Board of importer
representatives, the Secretary shall
appoint 2 members who represent
importers of dairy products and are
subject to assessment under the order.’’
(7 U.S.C. 4504(b)(6)(A)) For subsequent
representation of importers, the Dairy
Act goes on to state ‘‘At least once every
3 years after the initial appointment of
importer representatives under
subparagraph (A), the Secretary shall
review the average volume of domestic
production of dairy products compared
to the average volume of imports of
dairy products into the United States
during the previous 3 years and, on the
18803
basis of that review, shall reapportion
importer representation on the Board to
reflect the proportional share of the
United States market by domestic
production and imported dairy
products.’’ (7 U.S.C. 4504(b)(6)(B))
The Dairy Order at section 1150.131(f)
states that the basis for the comparison
of domestic production of dairy
products to imported products should
be estimated total milk solids. The
calculation of total milk solids of
imported dairy products for
reapportionment purposes ‘‘shall be the
same as the calculation of total milk
solids of imported dairy products for
assessment purposes.’’ The
reapportionment review was not
conducted prior to 2015 because three
full years’ worth of data was not
available.
Using National Agricultural Statistics
Service (NASS) annual Dairy Products
Summary data, the average U.S. milk
total solids for domestic dairy products
for 2012 to 2014 was 23,462 billion
pounds annually. Based on the total
milk solids number, each of the 36
domestic Dairy Board producer
members would represent 652 million
pounds of total milk solids (23,462
billion pounds divided by 36 producer
members equals 652 million pounds per
producer).
Using information received from CBP,
the average total milk solids imported
during 2012 to 2014 was 589 million
pounds. Currently, each of the two
importers on the Dairy Board would
represent approximately 295 million
pounds of total milk solids (589 million
pounds divided by 2 importer members
equals 295 million pounds per
importer). Table 1 summarizes the total
milk solids represented by the 36
domestic producer members and the
total milk solids represented by the 2
current importer members.
TABLE 1—CURRENT DAIRY BOARD REPRESENTATION BASED ON U.S. TOTAL SOLIDS AND IMPORTED TOTAL SOLIDS BY
POUNDS
U.S. total solids,
lbs.
Year
Imported total
solids, lbs.
23,376,000,000
23,203,000,000
23,805,666,667
598,554,055
570,628,490
598,707,413
Average ....................................................................................................................................................
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2012 .................................................................................................................................................................
2013 .................................................................................................................................................................
2014 .................................................................................................................................................................
23,461,555,556
589,296,653
Source: NASS, Dairy Products Annual Survey and CBP.
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01APP1
18804
Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Proposed Rules
TABLE 2—CURRENT DAIRY BOARD REPRESENTATION BASED ON AVERAGE U.S. TOTAL SOLIDS AND AVERAGE IMPORTED
TOTAL SOLIDS
Average total
milk solids
(lbs.)
Domestic Producer ..........................................................................................................
Importer ............................................................................................................................
Based on the calculations, it is
proposed that Dairy Board importer
member representation be reduced from
2 importer members to 1 importer
Current number
of board seats
23,461,555,556
589,296,653
member, to accurately represent the
volume of imported total milk solids
compared to the volume of total solids
represented by each of the 36 domestic
36
2
Average total
milk solids
represented per
board member
(lbs.)
651,709,877
294,648,327
producer members. Table 2 reflects the
proposed changes.
TABLE 3—PROPOSED DAIRY BOARD REPRESENTATION BASED ON U.S. TOTAL SOLIDS AND IMPORTED TOTAL SOLIDS
Average total
milk solids
(lbs.)
Domestic Producer ..........................................................................................................
Importer ............................................................................................................................
A 30-day comment period is provided
for interested persons to comment on
this proposed rule. One term of office
for an importer member will expire on
October 31, 2016. Thus, a 30-day
comment period is provided for a timely
announcement of the Dairy Board
nomination solicitation in 2016.
List of Subjects in 7 CFR Part 1150
For the reasons set forth in the
preamble, it is proposed that 7 CFR part
1150 be amended as follows:
PART 1150—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, paragraph (c) is
revised to read as follows:
■
§ 1150.131 Establishment and
membership.
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*
*
*
*
(c) One member of the board shall be
an importer who is subject to
assessments under § 1150.152(b).
*
*
*
*
*
Dated: March 29, 2016.
Erin Morris,
Associate Administrator.
[FR Doc. 2016–07413 Filed 3–31–16; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–5431; Directorate
Identifier 2015–CE–044–AD]
RIN 2120–AA64
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for M7
Aerospace LLC Models SA26–AT,
SA26–T, SA226–AT, SA226–T, SA226–
T(B), SA226–TC, SA227–AC (C–26A),
SA227–AT, SA227–BC (C–26A),
SA227–CC, SA227–DC (C–26B), and
SA227–TT airplanes. This proposed AD
was prompted by reports of multiple
cracks in the steel horizontal tube of the
cockpit control column. This proposed
AD would require inspection of the
cockpit control column horizontal tube
with repair or replacement as necessary
of the cockpit control column. We are
proposing this AD to correct the unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by May 16, 2016.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
SUMMARY:
■
*
23,461,555,556
589,296,653
Airworthiness Directives; M7
Aerospace LLC Airplanes
Dairy products, Milk, Promotion,
Research.
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Current number
of board seats
36
1
Average total
milk solids
represented per
board member
(lbs.)
651,709,877
589,296,653
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact M7
Aerospace LLC, 10823 NE Entrance
Road, San Antonio, Texas 78216; phone:
(210) 824–9421; fax: (210) 804–7766;
Internet: https://www.elbitsystemsus.com; email: MetroTech@
M7Aerospace.com. You may view this
referenced service information at the
FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106.
For information on the availability of
this material at the FAA, call 816–329–
4148.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
5431; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
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]]>Agencies
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Proposed Rules]
[Pages 18802-18804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07413]
========================================================================
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. 81, No. 63 / Friday, April 1, 2016 / Proposed
Rules
[[Page 18802]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1150
[Document No. AMS-DA-14-0074]
National Dairy Promotion and Research Program 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 number of National Dairy Promotion and Research Board (Dairy
Board) importer members. The total number of domestic Dairy Board
members would remain the same at 36 and the total number of importer
members would be reduced from 2 to 1. The Dairy Order requires that at
least once every three years, after the initial appointment of importer
members on the Dairy Board, the Secretary shall review the average
volume of domestic production of dairy products compared to the average
volume of imports of dairy products into the United States during the
previous three years and, on the basis of that review, if warranted,
reapportion the importer representation on the Dairy Board to reflect
the proportional shares of the United States market served by domestic
production and imported dairy products. This reapportionment review is
the first conducted since importer members were appointed to the Dairy
Board on November 2, 2011. The review could not be conducted prior to
2015 since the required data was not available.
DATES: Comments must be submitted on or before May 2, 2016.
ADDRESSES: Comments on this proposed rule should be identified with the
docket number AMS-DA-14-0074. 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, Director, Promotion, Research and Planning Division, Dairy
Program, AMS, USDA, 1400 Independence Ave. SW., Room 2958-S, Stop 0233,
Washington, DC 20250-0233.
Fax: Comments may be faxed to (202) 720-0285.
Email: Comments may be emailed to
Whitney.Rick@ams.usda.gov.
Internet: www.regulations.gov.
All comments to this proposed rule, submitted by the above
procedures will be available for viewing at: www.regulations.gov, or at
USDA, AMS, Dairy Program, Promotion, Research and Planning Division,
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, Director, Promotion,
Research, and Planning Division, Dairy Program, AMS, USDA, 1400
Independence Ave. SW., Room 2958-S, Stop 0233, Washington, DC 20250-
0233. Phone: (202) 720-6909. Email: Whitney.Rick@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This proposed rule is issued pursuant to the
Dairy Production Stabilization Act (Dairy Act) of 1983, Pub L. 98-180
as codified in 7 U.S.C. 4501-4514, as amended.
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 118 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 (7 U.S.C. 4509).
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
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the Agricultural Marketing Service has considered the economic
impact of this action on small entities and has certified that this
proposed rule will not have a significant economic impact on a
substantial number of small entities. The purpose of the Regulatory
Flexibility Act is to fit regulatory actions to the scale of businesses
subject to such actions so that small businesses will not be
disproportionately burdened.
The Dairy Act authorizes a national program for dairy product
promotion, research and nutrition education. Congress found that it is
in the public interest to authorize the establishment of an orderly
procedure for financing (through assessments on all milk produced in
the United States for commercial use and on imported dairy products)
and carrying out a coordinated program of promotion designed to
strengthen the dairy industry's position in the marketplace and to
maintain and expand domestic and foreign markets and uses for fluid
milk and dairy products.
According to the U.S. Customs and Border Protection (CBP), in 2014,
approximately 1,400 importers paid assessments under Section
1150.152(b). Although data is not available concerning the sizes of
these firms, it is reasonable to assume that most of them would be
considered small businesses. Although many types of businesses import
dairy products, the most common classification for dairy product
[[Page 18803]]
importers is Grocery and Related Product Merchant Wholesalers (North
American Industry Classification System, category 4244). The Small
Business Administration [13 CFR 121.201] defines such entities with
fewer than 500 employees as small businesses.
The proposed rule would amend the Dairy Order by modifying the
number of Dairy Board importer members.
Currently, the Dairy Order is administered by a 38-member Dairy
Board, 36 members representing 12 geographic regions within the United
States and 2 members representing importers. The Dairy Order at section
1150.131(f) provides that at least once every three years, after the
initial appointment of importer members on the Dairy Board, the
Secretary shall review the average volume of domestic production of
dairy products compared to the average volume of imports of dairy
products into the United States during the previous three years and, on
the basis of that review, if warranted, reapportion the importer
representation on the Board to reflect the proportional shares of the
United States market served by domestic production and imported dairy
products.
The proposed amendment should not have a significant economic
impact on persons subject to the Dairy Order. The proposed changes
merely would allow representation on the Dairy Board to better reflect
the volume of dairy product imports into the United States.
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 record keeping 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 38-member Dairy Board, 36
members representing 12 geographic regions within the United States and
2 members representing importers. The Dairy Order requires in Section
1150.131(f) that at least once every three years, after the initial
appointment of importer representatives on the Dairy Board, the
Secretary shall review the average volume of domestic production of
dairy products compared to the average volume of imports of dairy
products into the United States during the previous three years and, on
the basis of that review, if warranted, reapportion the importer
representation on the Dairy Board to reflect the proportional shares of
the United States market served by domestic production and imported
dairy products. This reapportionment review is the first conducted
since importer members were appointed to the Dairy Board in 2011.
For initial representation of importers, the Dairy Act states ``In
making initial appointments to the Board of importer representatives,
the Secretary shall appoint 2 members who represent importers of dairy
products and are subject to assessment under the order.'' (7 U.S.C.
4504(b)(6)(A)) For subsequent representation of importers, the Dairy
Act goes on to state ``At least once every 3 years after the initial
appointment of importer representatives under subparagraph (A), the
Secretary shall review the average volume of domestic production of
dairy products compared to the average volume of imports of dairy
products into the United States during the previous 3 years and, on the
basis of that review, shall reapportion importer representation on the
Board to reflect the proportional share of the United States market by
domestic production and imported dairy products.'' (7 U.S.C.
4504(b)(6)(B))
The Dairy Order at section 1150.131(f) states that the basis for
the comparison of domestic production of dairy products to imported
products should be estimated total milk solids. The calculation of
total milk solids of imported dairy products for reapportionment
purposes ``shall be the same as the calculation of total milk solids of
imported dairy products for assessment purposes.'' The reapportionment
review was not conducted prior to 2015 because three full years' worth
of data was not available.
Using National Agricultural Statistics Service (NASS) annual Dairy
Products Summary data, the average U.S. milk total solids for domestic
dairy products for 2012 to 2014 was 23,462 billion pounds annually.
Based on the total milk solids number, each of the 36 domestic Dairy
Board producer members would represent 652 million pounds of total milk
solids (23,462 billion pounds divided by 36 producer members equals 652
million pounds per producer).
Using information received from CBP, the average total milk solids
imported during 2012 to 2014 was 589 million pounds. Currently, each of
the two importers on the Dairy Board would represent approximately 295
million pounds of total milk solids (589 million pounds divided by 2
importer members equals 295 million pounds per importer). Table 1
summarizes the total milk solids represented by the 36 domestic
producer members and the total milk solids represented by the 2 current
importer members.
Table 1--Current Dairy Board Representation Based on U.S. Total Solids
and Imported Total Solids by Pounds
------------------------------------------------------------------------
U.S. total Imported total
Year solids, lbs. solids, lbs.
------------------------------------------------------------------------
2012................................ 23,376,000,000 598,554,055
2013................................ 23,203,000,000 570,628,490
2014................................ 23,805,666,667 598,707,413
-----------------------------------
Average......................... 23,461,555,556 589,296,653
------------------------------------------------------------------------
Source: NASS, Dairy Products Annual Survey and CBP.
[[Page 18804]]
Table 2--Current Dairy Board Representation Based on Average U.S. Total Solids and Average Imported Total Solids
----------------------------------------------------------------------------------------------------------------
Average total
Average total milk solids
milk solids Current number represented per
(lbs.) of board seats board member
(lbs.)
----------------------------------------------------------------------------------------------------------------
Domestic Producer......................................... 23,461,555,556 36 651,709,877
Importer.................................................. 589,296,653 2 294,648,327
----------------------------------------------------------------------------------------------------------------
Based on the calculations, it is proposed that Dairy Board importer
member representation be reduced from 2 importer members to 1 importer
member, to accurately represent the volume of imported total milk
solids compared to the volume of total solids represented by each of
the 36 domestic producer members. Table 2 reflects the proposed
changes.
Table 3--Proposed Dairy Board Representation Based on U.S. Total Solids and Imported Total Solids
----------------------------------------------------------------------------------------------------------------
Average total
Average total milk solids
milk solids Current number represented per
(lbs.) of board seats board member
(lbs.)
----------------------------------------------------------------------------------------------------------------
Domestic Producer......................................... 23,461,555,556 36 651,709,877
Importer.................................................. 589,296,653 1 589,296,653
----------------------------------------------------------------------------------------------------------------
A 30-day comment period is provided for interested persons to
comment on this proposed rule. One term of office for an importer
member will expire on October 31, 2016. Thus, a 30-day comment period
is provided for a timely announcement of the Dairy Board nomination
solicitation in 2016.
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 1150--DAIRY PROMOTION PROGRAM
0
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.
0
2. In Sec. 1150.131, paragraph (c) is revised to read as follows:
Sec. 1150.131 Establishment and membership.
* * * * *
(c) One member of the board shall be an importer who is subject to
assessments under Sec. 1150.152(b).
* * * * *
Dated: March 29, 2016.
Erin Morris,
Associate Administrator.
[FR Doc. 2016-07413 Filed 3-31-16; 8:45 am]
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