National Dairy Promotion and Research Program; National Dairy Promotion and Research Board Importer Representation, 47293-47295 [2020-15134]
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47293
Rules and Regulations
Federal Register
Vol. 85, No. 151
Wednesday, August 5, 2020
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1150
[Document No. AMS–DA–19–0075]
National Dairy Promotion and
Research Program; National Dairy
Promotion and Research Board
Importer Representation
Agricultural Marketing Service,
Agriculture (USDA).
ACTION: Direct final action.
AGENCY:
This document maintains the
number of National Dairy Promotion
and Research Board (Dairy Board)
importer members at one member, as is
stated in the Dairy Promotion and
Research Order (Dairy Order). 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.
DATES: This action is effective on
October 5, 2020, unless significant
adverse comments are received by
September 4, 2020. If this direct final
action is withdrawn as a result of such
comments, notification of the
withdrawal will be published in the
Federal Register.
ADDRESSES: Interested persons may
comment on this direct final action. All
comments should reference the
document number, date, and page
number of this issue of the Federal
Register. All comments submitted in
response to this direct final action will
be included in the rulemaking record
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SUMMARY:
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and will be made available to the
public. Please be advised that the
identity of the individuals or entities
submitting comments will be made
public on the internet at the address
provided.
• 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.
• Email: Comments may be emailed
to Whitney.Rick@usda.gov.
• Internet: www.regulations.gov.
All comments on this direct final
action submitted by the above methods
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). AMS requests that
persons wanting to view comments in
Room 2958–S 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@usda.gov.
SUPPLEMENTARY INFORMATION: This
direct final action is issued pursuant to
the Dairy Production Stabilization Act
(Dairy Act) of 1983, Public Law 98–180
as codified in 7 U.S.C. 4501–4514, as
amended.
Executive Order 12866
The Office of Management and Budget
(OMB) has waived the review process
required by Executive Order 12866 for
this action. This action falls within a
category of regulatory actions that the
OMB exempted from Executive Order
12866 review. Additionally, because
this direct final action does not meet the
definition of a significant regulatory
action it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’, as amended on April 5, 2017.
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Executive Order 12988
This direct final action has been
reviewed under Executive Order 12988,
Civil Justice Reform. This action is not
intended to have a retroactive effect.
This action would not preempt any
State or local laws, regulations, or
policies unless they present an
irreconcilable conflict with this action.
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 direct final action 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
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47294
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Rules and Regulations
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 2018,
approximately 1,476 importers paid
assessments under § 1150.152(b) of the
Dairy Order. Although many types of
businesses import dairy products, data
is not available concerning the size of
these firms. Based on AMS’ knowledge
of the dairy importers subject to the
assessment and the available categories
in North American Industry
Classification System (NAICS), it is
reasonable to assume the most common
classification for dairy importers is
Dairy Product Manufacturing (NAICS
3115), of which most of the businesses
have fewer than 500 employees. The
Small Business Administration (13 CFR
121.201) defines such entities with
fewer than 500 employees as small
businesses. AMS has determined this
direct final action will not have a
significant economic impact on small
entities. Additionally, program
provisions are administered without
regard for business size.
The Dairy Order is administered by a
37-member Dairy Board, with 36
members representing 12 geographic
regions within the United States and
one member representing importers.
Section 1150.131(f) of the Dairy Order
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.
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
action.
Background
The Dairy Order requires that at least
once every three years 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.
For initial importer member
representation, section 113 of the Dairy
Act required the Secretary to appoint
two dairy importers to the Dairy Board.
7 U.S.C. 4504(b)(6)(A). For subsequent
representation, the Dairy Act requires
the Secretary to review the average
volume of domestic production of dairy
products compared to the average
volume of dairy products imported into
the United States at least once every
three years, and if necessary,
reapportion importer representation 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).
Section 1150.131(f) of the Dairy Order
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 is the same
as the calculation of total milk solids of
imported dairy products for assessment
purposes.
Using Supply and Allocation of Milk
Fat and Skim Solids by Product annual
data published by USDA’s Economic
Research Service, the average annual
U.S. milk total solids for domestic dairy
products for 2016 to 2018 was 23,510
billion pounds. Based on the total milk
solids number, each of the 36 domestic
Dairy Board producer members would
represent 653 million pounds of total
milk solids (23,510 billion pounds
divided by 36 producer members equals
approximately 653 million pounds per
producer).
Using information received from CBP,
the annual average of total milk solids
imported during the years 2016 to 2018
was 720 million pounds. Table 1
summarizes the total milk solids
represented by the 36 domestic
producer members and the total milk
solids represented by the 1 importer
member. Table 2 shows Dairy Board
representation based on the average U.S.
total solids and average imported total
solids.
TABLE 1—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.
2016 .............................................................................................................................................................
2017 .............................................................................................................................................................
2018 .............................................................................................................................................................
23,138,000,000
23,574,000,000
23,819,000,000
802,240,354
711,719,985
647,458,004
Average ................................................................................................................................................
23,510,000,000
720,472,781
Source: National Agricultural Statistics Service, Dairy Products Annual Survey and CBP
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TABLE 2—DAIRY BOARD REPRESENTATION BASED ON AVERAGE U.S. TOTAL SOLIDS AND AVERAGE IMPORTED TOTAL
SOLIDS
Average total
milk solids
(lbs.)
Domestic Producer ....................................................................................................
Importer ......................................................................................................................
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Current number
of board seats
23,510,000,000
720,472,781
E:\FR\FM\05AUR1.SGM
36
1
05AUR1
Average total
milk solids
represented per
board member
(lbs.)
653,069,007
720,472,781
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Rules and Regulations
Based on the calculations, Dairy
Board importer member representation
will remain the same at one 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.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2020–15134 Filed 8–4–20; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 61, 63, 65, 91, 107,
125, and 141
[Docket No.: FAA–2020–0446; Amdt. No(s).
Amendment Numbers 1–103, 61–146, 63–
44, 65–61, 91–358, 107–4, 125–70, and 141–
22]
RIN 2120–AL64
Limited Extension of Relief for Certain
Persons and Operations During the
Coronavirus Disease 2019 (COVID–19)
Public Health Emergency
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; correction.
AGENCY:
The FAA is correcting a final
rule published on June 29, 2020 in
which the FAA amended regulatory
relief originally provided in the Relief
for Certain Persons and Operations
during the Coronavirus Disease 2019
(COVID–19) final rule. The FAA
inadvertently listed incorrect
amendment numbers for the final rule.
This document corrects that error.
DATES: Effective August 5, 2020 through
March 31, 2021.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action for pilots, contact Craig Holmes,
General Aviation and Commercial
Division; Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–1100; email 9-AVSAFS800-COVID19-Correspondence@
faa.gov. For technical questions
concerning this action for mechanics
and special flight permits, contact Kevin
Morgan, Aircraft Maintenance Division;
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone (202) 267–1675;
email Kevin.Morgan@faa.gov. For
technical questions concerning this
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SUMMARY:
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47295
action for aircraft dispatchers and flight
engineers, contact Theodora Kessaris
and Sheri Pippin, Air Transportation
Division, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–8166; email 9-AVSAFS200-COVID-Exemptions@faa.gov.
2348 (49 U.S.C. 44701 note) in
Washington, DC, on July 17, 2020.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2020–16060 Filed 8–4–20; 8:45 am]
BILLING CODE 4910–13–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
Good Cause for Adoption Without Prior
Notice
Federal Aviation Administration
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency
for ‘‘good cause’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ In addition, section 553(d) of
the APA requires that agencies publish
a rule not less than 30 days before its
effective date, except a substantive rule
that relieves a restriction or ‘‘as
otherwise provided by the agency for
good cause found and published with
the rule.’’ 5 U.S.C. 553(d)(1) and (3).
Because this action merely makes a
correction to the amendment number of
a published final rule, the FAA finds
that notice and public comment under
5 U.S.C. 553(b) is unnecessary. For the
same reason, the FAA finds that good
cause exists under 5 U.S.C. 553(d) for
making this rule effective in less than 30
days.
14 CFR Part 39
Background
On June 29, 2020, the FAA published
the Limited Extension of Relief for
Certain Persons and Operations during
the Coronavirus Disease 2019 (COVID–
19) Public Health Emergency final rule
(85 FR 38763). After that rule was
published, the FAA discovered a minor
error with the amendment numbers
listed in heading of the final rule that
required correction. The final rule listed
the amendment numbers as Amdt.
No(s). 21–102, 61–145, 63–43, 65–60,
91–357, 107–3, 125–69, and 141–21.
Correction
In the final rule, FR Doc. 2020–13960,
published on June 29, 2020, at 85 FR
38763 make the following correction:
1. On page 38763 in the heading of
the final rule, revise ‘‘Amdt. No(s). 21–
102, 61–145, 63–43, 65–60, 91–357,
107–3, 125–69, and 141–21’’ to read ‘‘1–
103, 61–146, 63–44, 65–61, 91–358,
107–4, 125–70, and 141–22’’.
Issued under authority provided by 49
U.S.C. 106(f), 106(g), 44701(a), and Sec.
206 of Public Law 111–216, 124 Stat.
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[Docket No. FAA–2019–0536; Product
Identifier 2018–CE–054–AD; Amendment
39–21186; AD 2020–16–02]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for Pilatus
Aircraft Ltd. Models PC–6, PC–6/350,
PC–6/350–H1, PC–6/350–H2, PC–6/A,
PC–6/A–H1, PC–6/A–H2, PC–6/B–H2,
PC–6/B1–H2, PC–6/B2–H2, PC–6/B2–
H4, PC–6/C–H2, PC–6/C1–H2, PC–6–
H1, and PC–6–H2 airplanes. This AD
results from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as rudder shaft assemblies
with incorrect rivet configurations. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective September 9,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of September 9, 2020.
ADDRESSES: For service information
identified in this AD, contact Pilatus
Aircraft Ltd., Customer Technical
Support (MCC), P.O. Box 992, CH–6371
Stans, Switzerland; phone: +41 (0)41
619 67 74; fax: +41 (0)41 619 67 73;
email: techsupport@pilatusaircraft.com; internet: https://
www.pilatus-aircraft.com. You may
view this referenced service information
at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106.
For information on the availability of
this material at the FAA, call (816) 329–
4148. It is also available on the internet
at https://www.regulations.gov by
SUMMARY:
E:\FR\FM\05AUR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Rules and Regulations]
[Pages 47293-47295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15134]
========================================================================
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.
========================================================================
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 /
Rules and Regulations
[[Page 47293]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1150
[Document No. AMS-DA-19-0075]
National Dairy Promotion and Research Program; National Dairy
Promotion and Research Board Importer Representation
AGENCY: Agricultural Marketing Service, Agriculture (USDA).
ACTION: Direct final action.
-----------------------------------------------------------------------
SUMMARY: This document maintains the number of National Dairy Promotion
and Research Board (Dairy Board) importer members at one member, as is
stated in the Dairy Promotion and Research Order (Dairy Order). 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.
DATES: This action is effective on October 5, 2020, unless significant
adverse comments are received by September 4, 2020. If this direct
final action is withdrawn as a result of such comments, notification of
the withdrawal will be published in the Federal Register.
ADDRESSES: Interested persons may comment on this direct final action.
All comments should reference the document number, date, and page
number of this issue of the Federal Register. All comments submitted in
response to this direct final action will be included in the rulemaking
record and will be made available to the public. Please be advised that
the identity of the individuals or entities submitting comments will be
made public on the internet at the address provided.
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.
Email: Comments may be emailed to [email protected].
Internet: www.regulations.gov.
All comments on this direct final action submitted by the above
methods 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).
AMS requests that persons wanting to view comments in Room 2958-S 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: [email protected].
SUPPLEMENTARY INFORMATION: This direct final action is issued pursuant
to the Dairy Production Stabilization Act (Dairy Act) of 1983, Public
Law 98-180 as codified in 7 U.S.C. 4501-4514, as amended.
Executive Order 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action. This action
falls within a category of regulatory actions that the OMB exempted
from Executive Order 12866 review. Additionally, because this direct
final action does not meet the definition of a significant regulatory
action it does not trigger the requirements contained in Executive
Order 13771. See OMB's Memorandum titled ``Interim Guidance
Implementing Section 2 of the Executive Order of January 30, 2017,
titled `Reducing Regulation and Controlling Regulatory Costs' '', as
amended on April 5, 2017.
Executive Order 12988
This direct final action has been reviewed under Executive Order
12988, Civil Justice Reform. This action is not intended to have a
retroactive effect. This action would not preempt any State or local
laws, regulations, or policies unless they present an irreconcilable
conflict with this action.
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
direct final action 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
[[Page 47294]]
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 2018,
approximately 1,476 importers paid assessments under Sec. 1150.152(b)
of the Dairy Order. Although many types of businesses import dairy
products, data is not available concerning the size of these firms.
Based on AMS' knowledge of the dairy importers subject to the
assessment and the available categories in North American Industry
Classification System (NAICS), it is reasonable to assume the most
common classification for dairy importers is Dairy Product
Manufacturing (NAICS 3115), of which most of the businesses have fewer
than 500 employees. The Small Business Administration (13 CFR 121.201)
defines such entities with fewer than 500 employees as small
businesses. AMS has determined this direct final action will not have a
significant economic impact on small entities. Additionally, program
provisions are administered without regard for business size.
The Dairy Order is administered by a 37-member Dairy Board, with 36
members representing 12 geographic regions within the United States and
one member representing importers. Section 1150.131(f) of the Dairy
Order 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.
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 action.
Background
The Dairy Order requires that at least once every three years 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.
For initial importer member representation, section 113 of the
Dairy Act required the Secretary to appoint two dairy importers to the
Dairy Board. 7 U.S.C. 4504(b)(6)(A). For subsequent representation, the
Dairy Act requires the Secretary to review the average volume of
domestic production of dairy products compared to the average volume of
dairy products imported into the United States at least once every
three years, and if necessary, reapportion importer representation 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).
Section 1150.131(f) of the Dairy Order 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 is the same as the calculation of total milk solids of
imported dairy products for assessment purposes.
Using Supply and Allocation of Milk Fat and Skim Solids by Product
annual data published by USDA's Economic Research Service, the average
annual U.S. milk total solids for domestic dairy products for 2016 to
2018 was 23,510 billion pounds. Based on the total milk solids number,
each of the 36 domestic Dairy Board producer members would represent
653 million pounds of total milk solids (23,510 billion pounds divided
by 36 producer members equals approximately 653 million pounds per
producer).
Using information received from CBP, the annual average of total
milk solids imported during the years 2016 to 2018 was 720 million
pounds. Table 1 summarizes the total milk solids represented by the 36
domestic producer members and the total milk solids represented by the
1 importer member. Table 2 shows Dairy Board representation based on
the average U.S. total solids and average imported total solids.
Table 1--Dairy Board Representation Based on U.S. Total Solids and Imported Total Solids by Pounds
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U.S. total Imported total
Year solids, lbs. solids, lbs.
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2016...................................................................... 23,138,000,000 802,240,354
2017...................................................................... 23,574,000,000 711,719,985
2018...................................................................... 23,819,000,000 647,458,004
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Average............................................................... 23,510,000,000 720,472,781
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Source: National Agricultural Statistics Service, Dairy Products Annual Survey and CBP
Table 2--Dairy Board Representation Based on Average U.S. Total Solids and Average Imported Total Solids
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Average total
Average total milk solids
milk solids Current number represented per
(lbs.) of board seats board member
(lbs.)
----------------------------------------------------------------------------------------------------------------
Domestic Producer...................................... 23,510,000,000 36 653,069,007
Importer............................................... 720,472,781 1 720,472,781
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[[Page 47295]]
Based on the calculations, Dairy Board importer member
representation will remain the same at one 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.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-15134 Filed 8-4-20; 8:45 am]
BILLING CODE 3410-02-P
