Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 80211 

record keeping burden because the 

primary source of data was already 

being recorded and maintained by 

handlers as a routine part of their daily 

business. The majority of handlers use 

computers to record their data, and this 

information can readily be accessed and 

summarized for these reports. 

Consequently, any additional costs 

associated with these changes are 

expected to be minimal. Also, the 

benefits of having consolidated end-ofseason price, shipping, and grower data 

are expected to outweigh any costs 

associated with the increase in reporting 

burden. Further, the benefits of this rule 

are expected to be equally available to 

all industry members, regardless of their 

size. It is anticipated that the 

transmission of these reports from 

handlers to the Committee will be done 

by either email or facsimile (FAX) 

machines. 

The Committee discussed alternatives 

to this action, including making no 

changes to the reporting requirements, 

but determined that in order to carry out 

the objectives of the marketing order, 

the information collected contained 

within these two new reports is 

necessary. Therefore, this alternative 

was rejected. 

This final rule imposes additional 

reporting burdens on handlers of 

kiwifruit in California. This action 

requires two new Committee forms: The 

End-of-Season F.O.B. Sales Report and 

the Final Packout Report. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

OMB Fruit Crops. As a result of this 

action, two new Committee forms 

would be created. They have been 

submitted to OMB for review. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this 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. 

Further, the Committee’s meetings 

were widely publicized throughout the 

kiwifruit industry and all interested 

persons were invited to attend the 

meetings and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the March 17, 

2011, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on August 9, 2011 (76 FR 

48742). Copies of the rule were mailed 

or sent via facsimile to all Committee 

members and kiwifruit handlers. 

Finally, the rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. A 60-day 

comment period ending October 11, 

2011, was provided to allow interested 

persons to respond to the proposal. No 

comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the Committee 

requires time to prepare and mail 

handler report packets, which should 

include the End-of-Season F.O.B. Sales 

Report and the Final Packout Report, 

prior to the beginning of shipments for 

the 2011–12 crop year. In addition, 

handlers are aware of this rule, which 

was recommended at a Committee 

meeting on March 17, 2011. Also, a 60- 

day comment period was provided in 

the proposed rule. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 920 is amended as 

follows: 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 920 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 920.160 is amended by 

adding paragraphs (f) and (g) to read as 

follows: 

§ 920.160 Reports. 

* * * * * 

(f) Each handler shall file annually 

with the Committee an End-of-Season 

F.O.B. Sales Report, due within 30 days 

after such handler has completed 

current season shipments, reporting 

gross f.o.b. sales value and number of 

containers by pack style and size for 

fresh market shipments for the season. 

The report shall also show the company 

name, contact person, and phone 

number of the handler. 

(g) Each handler shall file annually 

with the Committee a Final Packout 

Report, due within 30 days after such 

handler has completed current season 

shipments, reporting total containers 

shipped, by pack style for fresh market 

shipments, for each grower entity 

during the season. The report shall also 

include the grower entity and farm 

name, mailing address, the county in 

which the farm is located, and total 

acreage for each reported grower entity. 

Also, the report shall show the company 

name, contact person, and phone 

number of the handler. 

Dated: December 14, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–32928 Filed 12–22–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–11–0051; FV11–948–1 

FR] 

Irish Potatoes Grown in Colorado; 

Modification of the Handling 

Regulation for Area No. 3 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the size 

requirements for potatoes under the 

Colorado potato marketing order (order). 

The order regulates the handling of Irish 

potatoes grown in Colorado, and is 

administered locally by the Colorado 


srobinson on DSK4SPTVN1PROD with RULES
80212 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 

Potato Administrative Committee for 

Area No. 3 (Committee). This rule 

modifies the size requirements for 

handling small potatoes that measure 

under 17⁄8 inches in diameter. This rule 

allows the handling of two size ranges: 

3⁄4 inch minimum diameter to 17⁄8

inches maximum diameter and Size B 

(11⁄2 to 21⁄4 inches), if such potatoes 

otherwise meet the requirements of the 

U.S. No. 1 grade. The revisions will 

promote orderly marketing by ensuring 

that only potatoes of certain similar size 

profiles are packed and shipped in the 

same container. This rule is expected to 

benefit the producers, handlers, and 

consumers of Colorado potatoes. 

DATES: Effective Date: December 24, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Barry.Broadbent@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing 

Agreement No. 97 and Order No. 948, 

both as amended (7 CFR part 948), 

regulating the handling of Irish potatoes 

grown in Colorado, hereinafter referred 

to as the ‘‘order.’’ The order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted there from. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This final rule revises the size 

requirements for small U.S. No. 1 grade 

potatoes handled under the Colorado 

Area 3 handling regulations. The rule 

modifies the size requirements to 

establish allowable size ranges for 

potatoes that measure less than 17⁄8

inches. This rule allows potatoes that 

measure 3⁄4 inch minimum diameter to 

17⁄8 inches maximum diameter to be 

handled if such potatoes otherwise meet 

the requirements of the U.S. No. 1 grade. 

In addition, U.S. No. 1 grade Size B 

potatoes (11⁄2 inches minimum diameter 

to 21⁄4 inches maximum diameter) are 

also allowed to be handled. The size 

requirements for U.S. No. 2 and better 

grade potatoes that are 17⁄8 inches 

minimum diameter and larger are not 

affected by this change. The rule was 

unanimously recommended by the 

Committee at a meeting on May 12, 

2011. The changes are expected to 

enhance orderly marketing conditions 

and increase returns for producers and 

handlers. 

Section 948.22 authorizes the 

issuance of grade, size, quality, 

maturity, pack, and container 

regulations for potatoes grown in the 

production area. Section 948.21 further 

authorizes the modification, suspension, 

or termination of requirements issued 

pursuant to § 948.22. 

Section 948.40 provides that 

whenever the handling of potatoes is 

regulated pursuant to §§ 948.20 through 

948.24, such potatoes must be inspected 

by the Federal-State Inspection Service 

and certified as meeting the applicable 

requirements of such regulations. 

Under the order, the State of Colorado 

is divided into three separate regulatory 

areas for marketing order purposes. Area 

No. 1, commonly known as the Western 

Slope, includes and consists of the 

counties of Routt, Eagle, Pitkin, 

Gunnison, Hinsdale, La Plata, and all 

counties west thereof; Area No. 2, 

commonly known as the San Luis 

Valley, includes and consists of the 

counties of Saguache, Huerfano, Las 

Animas, Mineral, Archuleta, and all 

counties south thereof; and Area No. 3 

includes and consists of all the 

remaining counties in the State of 

Colorado which are not included in 

Area No. 1 or Area No. 2. The order 

currently regulates the handling of 

potatoes grown in Areas No. 2 and No. 

3 only; regulation for Area No. 1 is 

currently not active. 

Grade, size, and maturity regulations 

specific to the handling of Colorado 

potatoes grown in Area No. 3 are 

contained in § 948.387 of the order’s 

administrative rules and regulations. 

Prior to this action, § 948.387(a) 

required that all varieties of potatoes 

handled under the order be U.S. No. 2 

or better grade and 17⁄8 inches minimum 

diameter or 4 ounces minimum weight, 

except that potatoes that meet the 

requirements of the U.S. No. 1 grade 

may be 3⁄4 inch minimum diameter. 

The Committee met on May 12, 2011, 

to discuss revising the size requirements 

in the handling regulations. As a result 

of the deliberations, the Committee 

unanimously recommended modifying 

the size requirements for potatoes that 

meet U.S. No. 1 grade. Specifically, the 

Committee recommended establishing 

allowable size ranges for small size 

(under 17⁄8 inches in diameter) U.S. No. 

1 grade and better potatoes. With this 

final rule, two allowable size ranges, 3⁄4

inch minimum diameter to 17⁄8 inches 

maximum diameter and Size B (11⁄2

inches minimum diameter to 21⁄4 inches 

maximum diameter), are established for 

potatoes that otherwise meet or exceed 

the minimum requirements of the U.S. 

No. 1 grade standard. The allowable size 

ranges replace the 3⁄4 inch minimum 

diameter size requirement allowance in 

effect prior to this action. 

The Committee has observed in recent 

years that consumer demand has been 

increasing for smaller size potatoes and 

that those size potatoes often command 

premium prices. The Committee 

previously responded to this trend by 

modifying the size requirements in the 

handling regulations to allow for the 

handling of 3⁄4 inch minimum diameter 

and larger size potatoes, if the potatoes 

otherwise meet the requirements of the 

U.S. No. 1 grade. However, the 3⁄4 inch 

minimum size requirement had no other 

parameters associated with it and 

allowed for the commingling of small 

size potatoes (under 17⁄8 inches in 

diameter) with larger size potatoes (over 

17⁄8 inches in diameter). 

The Committee reiterated that quality 

assurance is important to the industry 

and to consumers. Providing consistent, 

high quality potatoes is necessary to 

maintain consumer confidence. The 

potential for mixing small size potatoes 

with larger size potatoes in the same 

container is perceived by the Committee 

as being contrary to the goals of 

maintaining orderly marketing 

conditions and ensuring that only 

consistent, high quality potatoes from 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 80213 

the production area enter the market. As 

such, the Committee felt that 

implementing revisions to the size 

requirements helps to maintain the 

consistency and quality of the product 

while still allowing the industry the 

maneuverability to respond to changing 

consumer preferences. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

action on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

Based on Committee data, there are 

eight producers (the majority of whom 

are also handlers) in the regulated area 

and eight handlers (the majority of 

whom are also producers) subject to 

regulation under the order. Small 

agricultural producers are defined by 

the Small Business Administration (13 

CFR 121.201) as those having annual 

receipts of less than $750,000, and small 

agricultural service firms are defined as 

those having annual receipts of less than 

$7,000,000. 

According to the Committee, 981,609 

hundredweight of Colorado Area No. 3 

potatoes were produced for the fresh 

market during the 2009–2010 season. 

Based on National Agricultural 

Statistics Service (NASS) data, the 

average producer price for Colorado 

summer potatoes for that season was 

$6.90 per hundredweight. The average 

annual producer revenue for the eight 

Colorado Area No. 3 potato producers is 

therefore calculated to be approximately 

$846,637. Using Committee data 

regarding each individual handler’s 

total shipments during the 2009–2010 

fiscal period and a Committee estimated 

average f.o.b. price for 2010 of $9.10 per 

hundredweight ($6.90 per 

hundredweight producer price plus 

estimated packing and handling costs of 

$2.20 per hundredweight), none of the 

Colorado Area No. 3 potato handlers 

ship over $7,000,000 worth of potatoes. 

Thus, all of the handlers and many of 

the producers of Colorado Area No. 3 

potatoes may be classified as small 

entities. 

This final rule makes revisions to the 

size requirements contained in the 

order’s handling regulations. The rule 

revises the size requirements to 

establish two allowable size ranges—3⁄4

inch minimum to 17⁄8 inches maximum 

diameter and Size B—if such potatoes 

otherwise meet the requirements of the 

U.S. No. 1 grade standard. The revisions 

promote orderly marketing by ensuring 

that only potatoes of a similar size 

profile are shipped in the same 

container. 

The authority for regulating grade and 

size is provided in § 948.22 of the order. 

Section 948.387(a) of the order’s 

administrative rules and regulations 

prescribes the applicable size 

requirements. 

This rule is expected to have a 

beneficial impact on handlers and 

producers by maintaining the superior 

reputation of the industry and ensuring 

that only consistent, high quality 

potatoes are shipped from the 

production area. There should be no 

extra cost to producers or handlers as a 

result of the changes because current 

harvesting and handling methods can 

accommodate the sorting of these 

smaller potatoes. The Committee 

believes that this revision will translate 

into greater returns for handlers and 

producers over time. 

Neither NASS nor the Committee 

compiles statistics relating to the 

production of potatoes measuring less 

than 17⁄8 inches in diameter. The 

Committee has relied on information 

provided by producers and handlers 

familiar with the small potato market for 

its recommendation. 

As small potatoes have grown in 

popularity with consumers, high quality 

potatoes from Colorado have been in 

demand. The Committee believes that 

modifying the size requirements for 

such small potatoes will help maintain 

their consistency and increase their 

quality reputation in the market. The 

changes are expected to increase sales of 

Colorado potatoes and to benefit the 

Colorado potato industry. The benefits 

of this rule are not expected to be 

disproportionately greater or lesser for 

small entities than for large entities. 

The Committee discussed alternatives 

to this recommendation, including 

taking no action on the matter. One 

alternative discussed was to use size 

ranges other than the ranges that the 

Committee eventually recommended. 

The Committee felt that the size ranges 

established by this rule offer the best 

compromise between regulatory control 

and accommodation of the marketing 

needs of the handlers. Another 

alternative was to establish just one 3⁄4

inch to 17⁄8 inches size range for small 

potatoes. However, that alternative was 

rejected because it would not have 

accommodated the mid-size range 

potatoes (11⁄2 to 21⁄4 inches) that some 

handlers prefer to ship. Thus, the 

Committee unanimously agreed that 

their recommendation reflected the best 

alternative available to achieve the 

desired result. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178. No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This action does not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this final 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. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

potato industry, and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the May 12, 2011, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express their views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on August 30, 2011 (76 FR 

53842). Copies of the rule were made 

available by Committee staff to all 

Committee members and potato 

handlers. Finally, the rule was made 

available through the Internet by USDA 

and the Office of the Federal Register. A 

60-day comment period ending October 

31, 2011, was provided to allow 

interested persons to respond to the 

proposal. No comments were received. 

Accordingly, no changes have been 

made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 


srobinson on DSK4SPTVN1PROD with RULES
80214 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because handlers are already 

shipping potatoes from the 2011–2012 

crop and handlers want to take 

advantage of the revisions as soon as 

possible. Further, handlers are aware of 

this rule, which was recommended at a 

public meeting. Also, a 60-day comment 

period was provided for in the proposed 

rule. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 948 is amended as 

follows: 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ 1. The authority citation for 7 CFR 

part 948 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 948.387, revise paragraph (a) to 

read as follows: 

§ 948.387 Handling regulation. 

* * * * * 

(a) Minimum grade and size 

requirements—All varieties. (1) U.S. No. 

2 or better grade, 17⁄8 inches minimum 

diameter or 4 ounces minimum weight. 

(2) U.S. No. 1 grade, Size B (11⁄2

inches minimum to 21⁄4 inches 

maximum diameter). 

(3) U.S. No. 1 grade, 3⁄4 inch minimum 

to 17⁄8 inches maximum diameter. 

* * * * * 

Dated: December 14, 2011. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–32927 Filed 12–22–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1150 

[Document No. AMS–DA–11–0007; DA–11– 

02] 

National Dairy Promotion and 

Research Program; Amendments to 

the Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Dairy Promotion and Research Order 

(Dairy Order). The amendment modifies 

the number of National Dairy Promotion 

and Research Board (Dairy Board) 

members in eight regions, merges 

Region 8 and Region 10, merges Region 

12 and Region 13, and apportions Idaho 

as a separate region. The total number 

of domestic Dairy Board members 

would remain the same at 36 and the 

total number of regions would be 

reduced from 13 to 12. This amendment 

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: Effective Date: December 23, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Whitney A. Rick, Director, Promotion, 

Research and Planning Division, AMS, 

USDA, 1400 Independence Ave. SW., 

Room 2958–S, Stop 0233, Washington, 

DC 20250–0233. Phone: (202) 720–6909. 

Email: Whitney.Rick@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued pursuant to the Dairy 

Production Stabilization Act (Dairy Act) 

of 1983 [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 final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This final rule is not 

intended to have a retroactive effect. In 

accordance with section 4512(a) of the 

Dairy Act, this rule will not preempt or 

supersede any other program relating to 

dairy product promotion organized and 

operated under the laws of the United 

States or any State. 

The Dairy Act provides that 

administrative proceedings must be 

exhausted before parties may file suit in 

court. Under section 4509 of the Dairy 

Act, any person subject to the Dairy 

Order may file with the Secretary of 

Agriculture (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. 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 final 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. 

The Small Business Administration 

[13 CFR 121.201] defines small dairy 

producers as those having annual 

receipts of not more than $750,000 

annually. Most of the producers subject 

to the provisions of the Dairy Order are 

considered small entities. 

The final rule amends the Dairy Order 

by modifying the number of National 

Dairy Promotion and Research Board 

(Dairy Board) members in eight regions, 

merges Region 8 and Region 10, merges 

Region 12 and Region 13, and 

apportions Idaho as a separate region. 

The total number of domestic Dairy 

Board members remains the same at 36 


srobinson on DSK4SPTVN1PROD with RULES