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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Proposed Rules Paperwork Reduction Act In accordance with the Office of Management and Budget OMB
regulation 5 CFR part 1320, which implements the Paperwork Reduction Act of 1995 44 U.S.C. chapter 35, information collection requirements and record keeping provisions imposed by the Dairy Order have been previously approved by OMB and assigned OMB
Control No. 05810093.
This proposed rule would not impose any additional reporting or recordkeeping requirements on either small or large entities. As with all Federal research and promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule.
AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

Executive Order 13175
This proposed rule has been reviewed under E.O. 13175Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications.
AMS has determined that this proposed rule is unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Background 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.
The Dairy Order provides in section 1150.131 that the Dairy Board shall review the geographic distribution of milk production volume throughout the United States and, if warranted, shall recommend to the Secretary a reapportionment of regions and/or modification of the number of producer members from regions in order to best reflect the geographic distribution of
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milk production in the United States.
The Dairy Board is required to conduct the review at least every five years and not more than every three years. The Dairy Board conducted the previous reapportionment review in 2016 based on 2014 milk production.
The Dairy Order does not specify the procedure for calculating the factor of pounds of milk per member. For the purposes of the current reapportionment analysis, the procedure will remain the same as the 2016 reapportionment, by using USDAs National Agricultural Statistics Service NASS milk production data and dividing by 36 to determine a factor of pounds of milk represented by each domestic Dairy Board member. The resulting factor was then divided into pounds of milk produced in each region to determine the number of Dairy Board members for each region. Accordingly, the same process using 2019 milk production data was employed for the current reapportionment calculation.
Table 1 summarizes, by region, the volume of U.S. milk production distribution for 2019, the percentage of total U.S. milk production, and the current number of domestic Dairy Board seats per region.

TABLE 1CURRENT REGIONS AND NUMBER OF BOARD SEATS
Milk production mil. lbs.

Proposed regions and states
Percentage of total milk production
Current number of board seats
1. Alaska, Oregon, Washington
2. California, Hawaii
3. Arizona, Colorado, Montana, Nevada, Utah,Wyoming
4. Arkansas, Kansas, New Mexico, Oklahoma, Texas
5. Minnesota, North Dakota, South Dakota
6. Wisconsin
7. Illinois, Iowa, Missouri, Nebraska
8. Idaho
9. Indiana, Michigan, Ohio, West Virginia
10. Alabama, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, Virginia
11. Delaware, Maryland, New Jersey, Pennsylvania
12. Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont
9,378.2
40,565.9
13,005.6
26,654.0
13,067.0
30,601.0
9,548.0
15,631.0
20,973.0

4.3
18.6
6.0
12.2
6.0
14.0
4.4
7.2
9.6

2
7 2
4 2
5 2
2 3

8,528.0
11,121.7
19,308.6

3.9
5.1
8.8

2
2 3

Total:

218,382.0

100

36

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Source: USDA NASS Milk Production, Disposition, and Income 2019 Summary.

In 2019, total U.S. milk production was 218,382 billion pounds, and each of the domestic Dairy Board members as currently apportioned would represent 6,066.2 million pounds of milk.
Based on 2019 milk production data, the Dairy Board proposes that member representation in Region 8 Idaho be increased from two members to three members. Milk production in Region 8
increased to 15,631 million pounds, up from 13,873 million pounds in 2014, indicating three Dairy Board members
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15,631 divided by 6,066.2 = 2.58
compared to two members based on 2014 milk production data.
Based on 2019 milk production data, the Dairy Board proposes that member representation in Region 10 Alabama, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, and Virginia be decreased from two members to one member. Milk production in Region 10 decreased to 8,528 million pounds, down from 9,987

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million pounds in 2014, indicating one Dairy Board member 8,528 divided by 6,066.2 = 1.40 compared to two members based on 2014 milk production data.
Table 2 summarizes by region the volume of U.S. milk production distribution for 2019, the percentage of total U.S. milk production, and the proposed number of domestic Dairy Board members.

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