[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Proposed Rules]
[Pages 46781-46783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22282]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[No. LS-95-007]
Beef Promotion and Research; Reapportionment
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would adjust representation on the
Cattlemen's Beef Promotion and Research Board (Board), established
under the Beef Promotion and Research Act (Act) of 1985, to reflect
changes in cattle inventories and cattle and beef imports that have
occurred since the Board was reapportioned in 1993. These adjustments
are required by the Beef Promotion and Research Order (Order) and would
result in an increase in Board membership from 107 to 111, effective
with the Secretary's 1996 appointments.
DATES: Comments must be received by October 10, 1995.
ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief;
Marketing Programs Branch; Livestock and Seed Division; Agricultural
Marketing Service (AMS), USDA, Room 2606-S; P.O. Box 96456; Washington,
D.C. 20090-6456. Comments will be available for public inspection
during regular business hours at the above office in Room 2606-South
Building, 14th and Independence Avenue, Southwest, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing
Programs Branch, on 202/720-1115.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 12778 and the Regulatory Flexibility Act
The Department of Agriculture is issuing this rule in conformance
with Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. It is not intended to have retroactive effect.
Section 11 of the
[[Page 46782]]
Act provides that nothing in the Act may be construed to preempt or
supersede any other program relating to beef promotion organized and
operated under the laws of the United States or any State. There are no
administrative proceedings that must be exhausted prior to any judicial
challenge to the provisions of this rule.
This action was also reviewed under the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.). The Administrator of AMS has determined
that this proposed action will not have a significant impact on a
substantial number of small entities as defined by RFA since it only
adjusts representation on the Board to reflect changes in domestic
cattle inventory and imports.
The Board was initially appointed August 4, 1986, pursuant to the
provisions of the Act (7 U.S.C. 2901 et seq.) and the Order issued
thereunder (7 CFR 1260.101 et seq.). Domestic representation on the
Board is based on cattle inventory numbers, and importer representation
is based on the conversion of the volume of imported cattle, beef, or
beef products into live animal equivalencies.
Section 1260.141(b) of the Order provides that the Board shall be
composed of cattle producers and importers appointed by the Secretary
from nominations submitted by certified producer organizations. A
producer may only be nominated to represent the unit in which that
producer is a resident.
Section 1260.141(c) of the Order provides that at least every 3
years and not more than every 2 years, the Board shall review the
geographic distribution of cattle inventories throughout the United
States and the volume of imported cattle, beef, and beef products and,
if warranted, shall reapportion units and/or modify the number of Board
members from units in order to reflect the geographic distribution of
cattle production volume in the United States and the volume of cattle,
beef, or beef products imported into the United States.
Section 1260.141(d) of the Order authorizes the Board to recommend
to the Secretary modifications in the number of cattle per unit
necessary for representation on the Board.
Section 1260.141(e)(1) provides that each geographic unit or State
that includes a total cattle inventory equal to or greater than 500,000
head of cattle shall be entitled to one representative on the Board.
Section 1260.141(e)(2) provides that States that do not have total
cattle inventories equal to or greater than 500,000 head shall be
grouped, to the extent practicable, into geographically-contiguous
units, each of which have a combined total inventory of not less than
500,000 head. Such grouped units are entitled to at least one
representative on the Board. Each unit that has an additional one
million head of cattle within a unit qualifies for additional
representation on the Board as provided in Sec. 1260.141(e)(4). As
provided in Sec. 1260.141(e)(3), importers are represented by a single
unit, with the number of Board members based on a conversion of the
total volume of imported cattle, beef, or beef products into live
animal equivalencies.
The initial Board appointed in 1986 was composed of 113 members.
Reapportionment based on a 3-year average of cattle inventory numbers
and import data, reduced the Board to 111 members in 1990 and 107
members in 1993.
The current Board representation by States or units has been based
on an average of the January 1, 1990, 1991, and 1992 inventory of
cattle in the various States as reported by the National Agricultural
Statistics Service of the Department of Agriculture (USDA). Importer
representation has been based on a combined total average of the 1989,
1990, and 1991 live cattle imports as published by the Foreign
Agricultural Service (FAS) of USDA and the average of the 1989, 1990,
and 1991 live animal equivalents for imported beef products.
Recommendations concerning Board reapportionment were approved by
the Board at its July 24, 1995, meeting. In considering
reapportionment, the Board reviewed cattle inventories as well as
cattle, beef, and beef product import data for the period January 1,
1993, to January 1, 1995. The Board recommended that a 3-year average
of cattle inventories and import numbers should be continued. The Board
determined that an average of the January 1, 1993, 1994, and 1995 USDA
cattle inventory numbers would best reflect the number of cattle in
each State or unit since the 1993 reapportionment.
The Board reviewed the March 1995 FAS circular, ``U.S. Trade and
Prospects, Dairy, Livestock, and Poultry,'' to determine proper
importer representation. The Board recommended the use of a combined
total of the average of the 1992, 1993, and 1994 cattle import data and
the average of the 1992, 1993, and 1994 live animal equivalents for
imported beef products. The method used to calculate the total number
of live cattle equivalents was the same as that used in the previous
reapportionment of the Board. The recommendation for importer
representation is based on the most recent 3-year average of data
available to the Board at its July 24, 1995, meeting to be consistent
with the procedures used for domestic representation.
The Board's recommended reapportionment plan would increase the
number of representatives on the Board from 107 to 111. Two States--
Iowa and Ohio--lose one member each; three States--Missouri, Montana,
and South Dakota--gain one member each; Texas, gains two members; and
the importer unit gains one member. Nevada would lose its only member.
Because Nevada does not have sufficient cattle inventory to qualify for
a position on the Board, the Board proposes that Nevada be merged with
Oregon, a contiguous State that has only one member, to form a Western
unit. The combined cattle inventory of Nevada and Oregon would entitle
that Western unit to two seats on the Board, thus enabling both States
to be jointly represented. The States and units affected by the
reapportionment plan and the current and proposed member representation
per unit are as follows: (Units are listed with the State makeup
recommended by the Board.)
------------------------------------------------------------------------
Current Proposed
States representation representation
------------------------------------------------------------------------
1. Iowa................................. 5 4
2. Missouri............................. 4 5
3. Montana.............................. 2 3
4. Ohio................................. 2 1
5. South Dakota......................... 3 4
6. Texas................................ 13 15
7. Western.............................. 0 2
Nevada................................ 1 ..............
Oregon................................ 1 ..............
------------------------------------------------------------------------
The 1995 nomination and appointment process was in progress while
the Board was developing its recommendations. Thus, the Board
reapportionment as proposed by this rulemaking would be effective, if
adopted, with 1996 nominations and appointments.
List of Subjects in 7 CFR Part 1260
Administrative practice and procedure, Advertising, Agricultural
research, Imports, Marketing agreement, Meat and meat products,
Reporting and recordkeeping requirements.
For reasons set forth in the preamble, it is proposed that 7 CFR
part 1260 be amended as follows:
PART 1260--BEEF PROMOTION AND RESEARCH
1. The authority citation for 7 CFR part 1260 continues to read as
follows:
Authority: 7 U.S.C. 2901 et seq.
[[Page 46783]]
2. In Sec. 1260.141, paragraph (a) and the table immediately
following it, are revised to read as follows:
Sec. 1260.141 Membership of Board.
(a) For Board nominations and appointments beginning with those in
1996, the United States shall be divided into 39 geographical units and
one unit representing importers, and the number of Board members from
each unit shall be as follows:
Cattle and Calves \1\
------------------------------------------------------------------------
State/Unit (1,000 head) Directors
------------------------------------------------------------------------
1. Alabama.............................. 1,677 2
2. Arizona.............................. 863 1
3. Arkansas............................. 1,837 2
4. California........................... 4,617 5
5. Colorado............................. 2,967 3
6. Florida.............................. 1,977 2
7. Georgia.............................. 1,477 1
8. Idaho................................ 1,720 2
9. Illinois............................. 1,813 2
10. Indiana............................. 1,163 1
11. Iowa................................ 4,183 4
12. Kansas.............................. 6,067 6
13. Kentucky............................ 2,617 3
14. Louisiana........................... 943 1
15. Michigan............................ 1,210 1
16. Minnesota........................... 2,750 3
17. Mississippi......................... 1,353 1
18. Missouri............................ 4,600 5
19. Montana............................. 2,583 3
20. Nebraska............................ 6,017 6
21. New Mexico.......................... 1,437 1
22. New York............................ 1,503 2
23. North Carolina...................... 1,063 1
24. North Dakota........................ 1,857 2
25. Ohio................................ 1,480 1
26. Oklahoma............................ 5,333 5
27. Pennsylvania........................ 1,783 2
28. South Carolina...................... 513 1
29. South Dakota........................ 3,833 4
30. Tennessee........................... 2,450 2
31. Texas............................... 14,667 15
32. Utah................................ 867 1
33. Virginia............................ 1,713 2
34. Wisconsin........................... 3,883 4
35. Wyoming............................. 1,383 1
36. Northwest........................... .............. 2
Alaska................................ 9 ..............
Hawaii................................ 173 ..............
Washington............................ 1,353 ..............
-------------------------------
Total............................... 1,535 ..............
===============================
37. Northeast........................... .............. 1
Connecticut........................... 76 ..............
Delaware.............................. 30 ..............
Maine................................. 116 ..............
Massachusetts......................... 69 ..............
New Hampshire......................... 49 ..............
New Jersey............................ 67 ..............
Rhode Island.......................... 7 ..............
Vermont............................... 292 ..............
-------------------------------
Total............................... 706 ..............
===============================
38. Mid-Atlantic........................ .............. 1
District of Columbia.................. 0 ..............
Maryland.............................. 310 ..............
West Virginia......................... 477 ..............
-------------------------------
Total............................... 787 ..............
===============================
39. Western............................. .............. 2
Nevada................................ 497 ..............
Oregon................................ 1,420 ..............
-------------------------------
Total............................... 1,917 ..............
===============================
40. Importer \2\........................ 7,016 7
------------------------------------------------------------------------
\1\ 1993, 1994, and 1995 average.
\2\ 1992, 1993, and 1994 average.
* * * * *
Dated: September 1, 1995
Lon Hatamiya,
Administrator.
[FR Doc. 95-22282 Filed 9-7-95; 8:45 am]
BILLING CODE 3410-02-P
