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Proposed Rules
Federal Register Vol. 86, No. 180
Tuesday, September 21, 2021

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.

0233. Phone: 202 7206909. Email:
Whitney.Rick@usda.gov.
SUPPLEMENTARY INFORMATION: This proposed rule is issued pursuant to the Dairy Production Stabilization Act Dairy Act of 1983, Public Law 98180
as codified in 7 U.S.C. 45014514, as amended.

DEPARTMENT OF AGRICULTURE

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.

Agricultural Marketing Service 7 CFR Part 1150
Document No. AMSDA200060

National Dairy Promotion and Research Board Reapportionment AGENCY:

Agricultural Marketing Service,
USDA.
ACTION:

Proposed rule.

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 members in two of the 12
regions. The total number of domestic Dairy Board members would remain the same at 36. This modification was requested by the Dairy Board, which administers the Dairy Order, to better reflect the geographic distribution of milk production in the United States.
DATES: Comments must be submitted on or before October 21, 2021.
ADDRESSES: Interested persons are invited to submit written comments on this proposed rule. Comments may be submitted through the Federal erulemaking portal at www.regulations.gov or emailed to Whitney.Rick@usda.gov and should reference the document number, date, and page number of this issue of the Federal Register. All comments submitted in response to this proposed rule will be included in the 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 above.
FOR FURTHER INFORMATION CONTACT:
Whitney A. Rick, Director, Promotion, Research, and Planning Division, Dairy Program, AMS, USDA, 1400
Independence Ave. SW, Room 2958S, Stop 0233, Washington, DC 20250

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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 may 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 Secretarys 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. 601612, 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
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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 industrys position in the marketplace and to maintain and expand domestic and foreign markets for fluid milk and dairy products.
The Small Business Administration 13 CFR 121.201 defines small dairy producers as those having annual receipts of not more than $1,000,000
annually. Most of producers subject to the provisions of the Dairy Order are considered small entities.
This proposed rule would amend the number of members in two of the Dairy Boards 12 geographic regions to better reflect the geographic distribution of milk production in the United States.
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 1150.131e of the Dairy Order requires the Dairy Board to review the geographic distribution of milk production volume throughout the United States at least every five years and not more than every three years and, if warranted, recommend to the Secretary a reapportionment of regions in order to better reflect the geographic distribution of milk production volume in the United States.
Based on a review of the 2019
geographic distribution of milk production, the Dairy Board has concluded that the number of Dairy Board members for two regions should be changed. The Dairy Board conducted the previous reapportionment in 2016
based on 2014 milk production.
The proposed amendment is not expected to have significant economic impact on persons subject to the Dairy Order. The proposed changes merely would allow representation of the Dairy Board to better reflect geographic milk production in the United States.

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