81_FR_18865 81 FR 18802 - National Dairy Promotion and Research Program Order

81 FR 18802 - National Dairy Promotion and Research Program Order

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 63 (April 1, 2016)

Page Range18802-18804
FR Document2016-07413

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.

Federal Register, Volume 81 Issue 63 (Friday, April 1, 2016)
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Proposed Rules]
[Pages 18802-18804]
From the Federal Register Online  [www.thefederalregister.org]
[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 
[email protected].
     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: [email protected].

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]
 BILLING CODE P



                                               18802

                                               Proposed Rules                                                                                                Federal Register
                                                                                                                                                             Vol. 81, No. 63

                                                                                                                                                             Friday, April 1, 2016



                                               This section of the FEDERAL REGISTER                    comment on this proposed rule using                   Order may file with the Secretary a
                                               contains notices to the public of the proposed          either of the following procedures:                   petition stating that the Dairy Order, any
                                               issuance of rules and regulations. The                     • Mail: Comments may be submitted                  provision of the Dairy Order, or any
                                               purpose of these notices is to give interested          by mail to Whitney A. Rick, Director,                 obligation imposed in connection with
                                               persons an opportunity to participate in the            Promotion, Research and Planning                      the Dairy Order is not in accordance
                                               rule making prior to the adoption of the final
                                               rules.
                                                                                                       Division, Dairy Program, AMS, USDA,                   with the law and request a modification
                                                                                                       1400 Independence Ave. SW., Room                      of the Dairy Order or to be exempted
                                                                                                       2958–S, Stop 0233, Washington, DC                     from the Dairy Order (7 U.S.C. 4509).
                                               DEPARTMENT OF AGRICULTURE                               20250–0233.                                           Such person is afforded the opportunity
                                                                                                          • Fax: Comments may be faxed to                    for a hearing on the petition. After a
                                               Agricultural Marketing Service                          (202) 720–0285.                                       hearing, the Secretary would rule on the
                                                                                                          • Email: Comments may be emailed                   petition. The Dairy Act provides that the
                                               7 CFR Part 1150                                         to Whitney.Rick@ams.usda.gov.                         district court of the United States in any
                                                                                                          • Internet: www.regulations.gov.                   district in which the person is an
                                               [Document No. AMS–DA–14–0074]
                                                                                                          All comments to this proposed rule,                inhabitant or has his principal place of
                                               National Dairy Promotion and                            submitted by the above procedures will                business, has jurisdiction to review the
                                               Research Program Order                                  be available for viewing at:                          Secretary’s ruling on the petition,
                                                                                                       www.regulations.gov, or at USDA, AMS,                 provided a complaint is filed not later
                                               AGENCY:  Agricultural Marketing Service,                Dairy Program, Promotion, Research and                than 20 days after the date of the entry
                                               USDA.                                                   Planning Division, Room 2958–S, 1400                  of the ruling.
                                               ACTION: Proposed rule.                                  Independence Ave. SW., Washington,
                                                                                                       DC, from 9 a.m. to 4 p.m., Monday                     Regulatory Flexibility Act
                                               SUMMARY:   This document invites                        through Friday, (except on official                      In accordance with the Regulatory
                                               comments on a proposed amendment to                     Federal holidays). Persons wanting to                 Flexibility Act (5 U.S.C. 601–612), the
                                               the Dairy Promotion and Research Order                  view comments in Room 2958–S are                      Agricultural Marketing Service has
                                               (Dairy Order). The proposal would                       requested to make an appointment in                   considered the economic impact of this
                                               modify the number of National Dairy                     advance by calling (202) 720–6909.                    action on small entities and has certified
                                               Promotion and Research Board (Dairy                     FOR FURTHER INFORMATION CONTACT:                      that this proposed rule will not have a
                                               Board) importer members. The total                      Whitney A. Rick, Director, Promotion,                 significant economic impact on a
                                               number of domestic Dairy Board                          Research, and Planning Division, Dairy                substantial number of small entities.
                                               members would remain the same at 36                     Program, AMS, USDA, 1400                              The purpose of the Regulatory
                                               and the total number of importer                        Independence Ave. SW., Room 2958–S,                   Flexibility Act is to fit regulatory actions
                                               members would be reduced from 2 to 1.                   Stop 0233, Washington, DC 20250–                      to the scale of businesses subject to such
                                               The Dairy Order requires that at least                  0233. Phone: (202) 720–6909. Email:                   actions so that small businesses will not
                                               once every three years, after the initial               Whitney.Rick@ams.usda.gov.                            be disproportionately burdened.
                                               appointment of importer members on                                                                               The Dairy Act authorizes a national
                                                                                                       SUPPLEMENTARY INFORMATION: This
                                               the Dairy Board, the Secretary shall                                                                          program for dairy product promotion,
                                               review the average volume of domestic                   proposed rule is issued pursuant to the
                                                                                                       Dairy Production Stabilization Act                    research and nutrition education.
                                               production of dairy products compared                                                                         Congress found that it is in the public
                                               to the average volume of imports of                     (Dairy Act) of 1983, Pub L. 98–180 as
                                                                                                       codified in 7 U.S.C. 4501–4514, as                    interest to authorize the establishment
                                               dairy products into the United States                                                                         of an orderly procedure for financing
                                               during the previous three years and, on                 amended.
                                                                                                                                                             (through assessments on all milk
                                               the basis of that review, if warranted,                 Executive Order 12866                                 produced in the United States for
                                               reapportion the importer representation                                                                       commercial use and on imported dairy
                                                                                                         The Office of Management and Budget
                                               on the Dairy Board to reflect the                                                                             products) and carrying out a
                                                                                                       has waived the review process required
                                               proportional shares of the United States                                                                      coordinated program of promotion
                                                                                                       by Executive Order 12866 for this
                                               market served by domestic production                                                                          designed to strengthen the dairy
                                                                                                       action.
                                               and imported dairy products. This                                                                             industry’s position in the marketplace
                                               reapportionment review is the first                     Executive Order 12988                                 and to maintain and expand domestic
                                               conducted since importer members                           This proposed rule has been reviewed               and foreign markets and uses for fluid
                                               were appointed to the Dairy Board on                    under Executive Order 12988, Civil                    milk and dairy products.
                                               November 2, 2011. The review could                      Justice Reform. This proposed rule is                    According to the U.S. Customs and
                                               not be conducted prior to 2015 since the                not intended to have a retroactive effect.            Border Protection (CBP), in 2014,
                                               required data was not available.                        If adopted, this rule would not preempt               approximately 1,400 importers paid
                                               DATES: Comments must be submitted on
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                                                                                                       any State or local laws, regulations, or              assessments under Section 1150.152(b).
                                               or before May 2, 2016.                                  policies unless they present an                       Although data is not available
                                               ADDRESSES: Comments on this proposed                    irreconcilable conflict with this rule.               concerning the sizes of these firms, it is
                                               rule should be identified with the                         The Dairy Act provides that                        reasonable to assume that most of them
                                               docket number AMS–DA–14–0074.                           administrative proceedings must be                    would be considered small businesses.
                                               Commenters should identify the date                     exhausted before parties may file suit in             Although many types of businesses
                                               and page number of the issue of the                     court. Under Section 118 of the Dairy                 import dairy products, the most
                                               proposed rule. Interested persons may                   Act, any person subject to the Dairy                  common classification for dairy product


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                                                                                     Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Proposed Rules                                                                                      18803

                                               importers is Grocery and Related                                             approved by OMB and assigned OMB                                             basis of that review, shall reapportion
                                               Product Merchant Wholesalers (North                                          Control No. 0581–0093. No relevant                                           importer representation on the Board to
                                               American Industry Classification                                             Federal rules have been identified that                                      reflect the proportional share of the
                                               System, category 4244). The Small                                            duplicate, overlap, or conflict with this                                    United States market by domestic
                                               Business Administration [13 CFR                                              rule.                                                                        production and imported dairy
                                               121.201] defines such entities with                                          Statement of Consideration                                                   products.’’ (7 U.S.C. 4504(b)(6)(B))
                                               fewer than 500 employees as small                                                                                                                           The Dairy Order at section 1150.131(f)
                                               businesses.                                                                    The Dairy Order is administered by a                                       states that the basis for the comparison
                                                 The proposed rule would amend the                                          38-member Dairy Board, 36 members                                            of domestic production of dairy
                                               Dairy Order by modifying the number of                                       representing 12 geographic regions
                                                                                                                                                                                                         products to imported products should
                                               Dairy Board importer members.                                                within the United States and 2 members
                                                                                                                                                                                                         be estimated total milk solids. The
                                                 Currently, the Dairy Order is                                              representing importers. The Dairy Order
                                                                                                                                                                                                         calculation of total milk solids of
                                               administered by a 38-member Dairy                                            requires in Section 1150.131(f) that at
                                                                                                                                                                                                         imported dairy products for
                                               Board, 36 members representing 12                                            least once every three years, after the
                                                                                                                                                                                                         reapportionment purposes ‘‘shall be the
                                               geographic regions within the United                                         initial appointment of importer
                                                                                                                                                                                                         same as the calculation of total milk
                                               States and 2 members representing                                            representatives on the Dairy Board, the
                                                                                                                                                                                                         solids of imported dairy products for
                                               importers. The Dairy Order at section                                        Secretary shall review the average
                                                                                                                                                                                                         assessment purposes.’’ The
                                               1150.131(f) provides that at least once                                      volume of domestic production of dairy
                                                                                                                                                                                                         reapportionment review was not
                                               every three years, after the initial                                         products compared to the average
                                                                                                                                                                                                         conducted prior to 2015 because three
                                               appointment of importer members on                                           volume of imports of dairy products
                                                                                                                                                                                                         full years’ worth of data was not
                                               the Dairy Board, the Secretary shall                                         into the United States during the
                                                                                                                                                                                                         available.
                                               review the average volume of domestic                                        previous three years and, on the basis of
                                               production of dairy products compared                                        that review, if warranted, reapportion                                         Using National Agricultural Statistics
                                               to the average volume of imports of                                          the importer representation on the Dairy                                     Service (NASS) annual Dairy Products
                                               dairy products into the United States                                        Board to reflect the proportional shares                                     Summary data, the average U.S. milk
                                               during the previous three years and, on                                      of the United States market served by                                        total solids for domestic dairy products
                                               the basis of that review, if warranted,                                      domestic production and imported                                             for 2012 to 2014 was 23,462 billion
                                               reapportion the importer representation                                      dairy products. This reapportionment                                         pounds annually. Based on the total
                                               on the Board to reflect the proportional                                     review is the first conducted since                                          milk solids number, each of the 36
                                               shares of the United States market                                           importer members were appointed to                                           domestic Dairy Board producer
                                               served by domestic production and                                            the Dairy Board in 2011.                                                     members would represent 652 million
                                               imported dairy products.                                                       For initial representation of importers,                                   pounds of total milk solids (23,462
                                                 The proposed amendment should not                                          the Dairy Act states ‘‘In making initial                                     billion pounds divided by 36 producer
                                               have a significant economic impact on                                        appointments to the Board of importer                                        members equals 652 million pounds per
                                               persons subject to the Dairy Order. The                                      representatives, the Secretary shall                                         producer).
                                               proposed changes merely would allow                                          appoint 2 members who represent                                                Using information received from CBP,
                                               representation on the Dairy Board to                                         importers of dairy products and are                                          the average total milk solids imported
                                               better reflect the volume of dairy                                           subject to assessment under the order.’’                                     during 2012 to 2014 was 589 million
                                               product imports into the United States.                                      (7 U.S.C. 4504(b)(6)(A)) For subsequent                                      pounds. Currently, each of the two
                                                                                                                            representation of importers, the Dairy                                       importers on the Dairy Board would
                                               Paperwork Reduction Act                                                      Act goes on to state ‘‘At least once every                                   represent approximately 295 million
                                                 In accordance with the Office of                                           3 years after the initial appointment of                                     pounds of total milk solids (589 million
                                               Management and Budget (OMB)                                                  importer representatives under                                               pounds divided by 2 importer members
                                               regulation [5 CFR part 1320] which                                           subparagraph (A), the Secretary shall                                        equals 295 million pounds per
                                               implements the Paperwork Reduction                                           review the average volume of domestic                                        importer). Table 1 summarizes the total
                                               Act of 1995 [44 U.S.C. chapter 35], the                                      production of dairy products compared                                        milk solids represented by the 36
                                               information collection requirements and                                      to the average volume of imports of                                          domestic producer members and the
                                               record keeping provisions imposed by                                         dairy products into the United States                                        total milk solids represented by the 2
                                               the Dairy Order have been previously                                         during the previous 3 years and, on the                                      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,   Imported total
                                                                                                                              Year                                                                                               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
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                                                  Source: NASS, Dairy Products Annual Survey and CBP.




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                                               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
                                                                                                                                                                                       Average total                          milk solids
                                                                                                                                                                                                          Current number
                                                                                                                                                                                        milk solids                        represented per
                                                                                                                                                                                                          of board seats
                                                                                                                                                                                           (lbs.)                           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                                         member, to accurately represent the                                 producer members. Table 2 reflects the
                                               proposed that Dairy Board importer                                          volume of imported total milk solids                                proposed changes.
                                               member representation be reduced from                                       compared to the volume of total solids
                                               2 importer members to 1 importer                                            represented by each of the 36 domestic

                                                    TABLE 3—PROPOSED DAIRY BOARD REPRESENTATION BASED ON U.S. TOTAL SOLIDS AND IMPORTED TOTAL SOLIDS
                                                                                                                                                                                                                             Average total
                                                                                                                                                                                       Average total                          milk solids
                                                                                                                                                                                                          Current number
                                                                                                                                                                                        milk solids                        represented per
                                                                                                                                                                                                          of board seats
                                                                                                                                                                                           (lbs.)                           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                                       DEPARTMENT OF TRANSPORTATION                                          • Federal eRulemaking Portal: Go to
                                               for interested persons to comment on                                                                                                            http://www.regulations.gov. Follow the
                                               this proposed rule. One term of office                                      Federal Aviation Administration                                     instructions for submitting comments.
                                               for an importer member will expire on                                                                                                             • Fax: 202–493–2251.
                                               October 31, 2016. Thus, a 30-day                                            14 CFR Part 39                                                        • Mail: U.S. Department of
                                               comment period is provided for a timely                                                                                                         Transportation, Docket Operations, M–
                                                                                                                           [Docket No. FAA–2016–5431; Directorate
                                               announcement of the Dairy Board                                             Identifier 2015–CE–044–AD]
                                                                                                                                                                                               30, West Building Ground Floor, Room
                                               nomination solicitation in 2016.                                                                                                                W12–140, 1200 New Jersey Avenue SE.,
                                                                                                                           RIN 2120–AA64                                                       Washington, DC 20590.
                                               List of Subjects in 7 CFR Part 1150                                                                                                               • Hand Delivery: Deliver to Mail
                                                                                                                           Airworthiness Directives; M7                                        address above between 9 a.m. and 5
                                                 Dairy products, Milk, Promotion,                                          Aerospace LLC Airplanes                                             p.m., Monday through Friday, except
                                               Research.
                                                                                                                           AGENCY: Federal Aviation                                            Federal holidays.
                                                 For the reasons set forth in the                                          Administration (FAA), DOT.                                            For service information identified in
                                               preamble, it is proposed that 7 CFR part                                                                                                        this proposed AD, contact M7
                                                                                                                           ACTION: Notice of proposed rulemaking
                                               1150 be amended as follows:                                                                                                                     Aerospace LLC, 10823 NE Entrance
                                                                                                                           (NPRM).                                                             Road, San Antonio, Texas 78216; phone:
                                               PART 1150—DAIRY PROMOTION                                                                                                                       (210) 824–9421; fax: (210) 804–7766;
                                                                                                                           SUMMARY:   We propose to adopt a new
                                               PROGRAM                                                                                                                                         Internet: http://www.elbitsystems-
                                                                                                                           airworthiness directive (AD) for M7
                                                                                                                           Aerospace LLC Models SA26–AT,                                       us.com; email: MetroTech@
                                               ■ 1. The authority citation for 7 CFR                                       SA26–T, SA226–AT, SA226–T, SA226–                                   M7Aerospace.com. You may view this
                                               part 1150 continues to read as follows:                                     T(B), SA226–TC, SA227–AC (C–26A),                                   referenced service information at the
                                                 Authority: 7 U.S.C. 4501–4514 and 7                                       SA227–AT, SA227–BC (C–26A),                                         FAA, Small Airplane Directorate, 901
                                               U.S.C. 7401.                                                                SA227–CC, SA227–DC (C–26B), and                                     Locust, Kansas City, Missouri 64106.
                                                                                                                           SA227–TT airplanes. This proposed AD                                For information on the availability of
                                               ■ 2. In § 1150.131, paragraph (c) is                                                                                                            this material at the FAA, call 816–329–
                                                                                                                           was prompted by reports of multiple
                                               revised to read as follows:                                                                                                                     4148.
                                                                                                                           cracks in the steel horizontal tube of the
                                               § 1150.131 Establishment and                                                cockpit control column. This proposed                               Examining the AD Docket
                                               membership.                                                                 AD would require inspection of the                                     You may examine the AD docket on
                                               *     *    *   *     *                                                      cockpit control column horizontal tube                              the Internet at http://
                                                 (c) One member of the board shall be                                      with repair or replacement as necessary                             www.regulations.gov by searching for
                                               an importer who is subject to                                               of the cockpit control column. We are                               and locating Docket No. FAA–2016–
                                                                                                                           proposing this AD to correct the unsafe
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               assessments under § 1150.152(b).                                                                                                                5431; or in person at the Docket
                                                                                                                           condition on these products.                                        Management Facility between 9 a.m.
                                               *     *    *   *     *
                                                                                                                           DATES: We must receive comments on                                  and 5 p.m., Monday through Friday,
                                                 Dated: March 29, 2016.                                                    this proposed AD by May 16, 2016.                                   except Federal holidays. The AD docket
                                               Erin Morris,                                                                ADDRESSES: You may send comments,                                   contains this proposed AD, the
                                               Associate Administrator.                                                    using the procedures found in 14 CFR                                regulatory evaluation, any comments
                                               [FR Doc. 2016–07413 Filed 3–31–16; 8:45 am]                                 11.43 and 11.45, by any of the following                            received, and other information. The
                                               BILLING CODE P                                                              methods:                                                            street address for the Docket Office


                                          VerDate Sep<11>2014         14:16 Mar 31, 2016          Jkt 238001      PO 00000        Frm 00003       Fmt 4702       Sfmt 4702       E:\FR\FM\01APP1.SGM    01APP1



Document Created: 2016-04-06 00:08:20
Document Modified: 2016-04-06 00:08:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be submitted on or before May 2, 2016.
ContactWhitney 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]
FR Citation81 FR 18802 
CFR AssociatedDairy Products; Milk; Promotion and Research

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