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.

Proposed Rules Federal Register

52420 

Vol. 86, No. 180 

Tuesday, September 21, 2021 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1150 

[Document No. AMS–DA–20–0060] 

National Dairy Promotion and 

Research Board Reapportionment 

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) 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 2958–S, 

Stop 0233, Washington, DC 20250– 

0233. Phone: (202) 720–6909. 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 98–180 

as codified in 7 U.S.C. 4501–4514, as 

amended. 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order 12866 for 

this action. This action falls within a 

category of regulatory actions that the 

OMB exempted from Executive Order 

12866 review. 

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 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 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 

Board’s 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 1150.131(e) 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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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Proposed Rules 52421 

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. 0581–0093. 

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. 13175—Consultation 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 

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 USDA’s 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 1—CURRENT REGIONS AND NUMBER OF BOARD SEATS

Proposed regions and states 

Milk 

production 

(mil. lbs.) 

Percentage 

of total milk 

production 

Current 

number of 

board seats 

1. Alaska, Oregon, Washington ................................................................................................... 9,378.2 4.3 2 

2. California, Hawaii ..................................................................................................................... 40,565.9 18.6 7 

3. Arizona, Colorado, Montana, Nevada, Utah,Wyoming ........................................................... 13,005.6 6.0 2 

4. Arkansas, Kansas, New Mexico, Oklahoma, Texas ............................................................... 26,654.0 12.2 4 

5. Minnesota, North Dakota, South Dakota ................................................................................ 13,067.0 6.0 2 

6. Wisconsin ................................................................................................................................ 30,601.0 14.0 5 

7. Illinois, Iowa, Missouri, Nebraska ............................................................................................ 9,548.0 4.4 2 

8. Idaho ........................................................................................................................................ 15,631.0 7.2 2 

9. Indiana, Michigan, Ohio, West Virginia ................................................................................... 20,973.0 9.6 3 

10. Alabama, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, North 

Carolina, Puerto Rico, South Carolina, Tennessee, Virginia .................................................. 8,528.0 3.9 2 

11. Delaware, Maryland, New Jersey, Pennsylvania .................................................................. 11,121.7 5.1 2 

12. Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont 19,308.6 8.8 3 

Total: ..................................................................................................................................... 218,382.0 100 36 

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 

(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 

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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52422 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Proposed Rules 

TABLE 2—U.S. MILK PRODUCTION BY REGION AND PROPOSED NUMBER OF BOARD SEATS

Proposed regions and states 

Milk 

production 

(mil. lbs.) 

Percentage 

of total milk 

production 

Proposed 

number of 

board seats 

1. Alaska, Oregon, Washington ................................................................................................... 9,378.2 4.3 2 

2. California, Hawaii ..................................................................................................................... 40,565.9 18.6 7 

3. Arizona, Colorado, Montana, Nevada, Utah, Wyoming .......................................................... 13,005.6 6.0 2 

4. Arkansas, Kansas, New Mexico, Oklahoma, Texas ............................................................... 26,654.0 12.2 4 

5. Minnesota, North Dakota, South Dakota ................................................................................ 13,067.0 6.0 2 

6. Wisconsin ................................................................................................................................ 30,601.0 14.0 5 

7. Illinois, Iowa, Missouri, Nebraska ............................................................................................ 9,548.0 4.4 2 

8. Idaho ........................................................................................................................................ 15,631.0 7.2 3 

9. Indiana, Michigan, Ohio, West Virginia ................................................................................... 20,973.0 9.6 3 

10. Alabama, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, North 

Carolina, Puerto Rico, South Carolina, Tennessee, Virginia .................................................. 8,528.0 3.9 1 

11. Delaware, Maryland, New Jersey, Pennsylvania .................................................................. 11,121.7 5.1 2 

12. Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont 19,308.6 8.8 3 

Total: ..................................................................................................................................... 218,382.0 100 36 

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

The Dairy Board unanimously 

approved the proposal to change the 

number of seats in two of the 12 

geographic regions. AMS independently 

reviewed the Dairy Board’s 

reapportionment proposal and 

concluded that data from USDA’s NASS 

Milk Production, Disposition, and 

Income 2019 Summary supports the 

proposed changes. During AMS’s 

independent analysis, AMS also 

determined that the Dairy Board 

fulfilled the Dairy Order’s requirement 

to conduct an evaluation and 

recommended changes to the Secretary 

in order to best reflect the geographic 

distribution of milk production volume 

in the United States. Therefore, after 

AMS’s evaluation of the Dairy 

reapportionment proposal, AMS agrees 

that the proposed membership change 

would better reflect the geographic 

distribution of milk production volume 

in the United States. A 30-day comment 

period is provided for interested 

persons to comment on this proposed 

rule. 

List of Subjects in 7 CFR Part 1150 

Dairy Products, Milk, Promotion, 

Research. 

For the reasons set forth in the 

preamble, AMS proposes to amend 7 

CFR part 1150 as follows: 

PART 1150—DAIRY PROMOTION 

PROGRAM 

■ 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 

■ 2. In § 1150.131, revise paragraphs 

(b)(8) and (10) to read as follows: 

§ 1150.131 Establishment and 

membership. 

* * * * * 

(b) * * * 

(8) Three members from region 

number eight comprised of the 

following State: Idaho. 

* * * * * 

(10) One member from region number 

ten comprised of the following States: 

Alabama, District of Columbia, Florida, 

Georgia, Kentucky, Louisiana, 

Mississippi, North Carolina, 

Commonwealth of Puerto Rico, South 

Carolina, Tennessee, and Virginia. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–20379 Filed 9–20–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2018–BT–PET–0017] 

RIN 1904–AE37 

Energy Conservation Program: Test 

Procedures for Consumer Warm Air 

Furnaces; Final Denial of Petition for 

Rulemaking 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final denial of petition for 

rulemaking. 

SUMMARY: This document announces 

and provides the reasoning for the U.S. 

Department of Energy’s final denial of a 

petition filed by the Air-Conditioning, 

Heating, and Refrigeration Institute 

requesting that DOE initiate a noticeand-comment rulemaking to develop a 

new combined test procedure for 

consumer furnaces and furnace fans, 

which would replace the two currently 

required performance metrics for 

furnaces and the one performance 

metric for furnace fans with a single 

new metric called ‘‘AFUE2.’’ 

DATES: This final denial of petition for 

rulemaking is applicable September 21, 

2021. 

ADDRESSES: The petition and comments 

filed in accordance with the timelines 

set forth in the prior Federal Register 

notice have been entered into docket 

number EERE–2018–BT–PET–0017. The 

docket is available for review at 

www.regulations.gov. For further 

information on how to review the 

docket, contact the Appliance and 

Equipment Standards Program staff at 

(202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Catherine Rivest, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 586– 

7335. Email: ApplianceStandards 

Questions@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Avenue SW, 

Washington, DC 20585–0103. 

Telephone: (202) 586–5827. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of Final Denial of Petition for 

Rulemaking 

II. Background and Authority 


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