[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6144]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 1250

[Docket No. PY-93-004]
RIN 0581-AA87

 

Amendment to Egg Research and Promotion Rules and Regulations

AGENCY: Agricultural Marketing Service.

ACTION: Final rule.

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SUMMARY: This final rule amends the Egg Research and Promotion Rules 
and Regulations by changing the State composition of the six geographic 
areas and reapportioning the membership on the American Egg Board. The 
Board approved these changes and requested that the Secretary amend the 
Rules and Regulations accordingly. These adjustments are based on 
changing geographic trends in egg production.

EFFECTIVE DATE: April 15, 1994.

FOR FURTHER INFORMATION CONTACT: Janice L. Lockard, 202-720-3506.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12778 and Regulatory Flexibility Act

    We are issuing this rule in conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. It is not intended to have retroactive effect. This 
rule would not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 14 of the Act, a 
person subject to an order may file a petition with the Secretary 
stating that such order, any provisions of such order or any 
obligations imposed in connection with such order are not in accordance 
with law; and requesting a modification of the order or an exemption 
therefrom. Such person is afforded the opportunity for a hearing on the 
petition. After a hearing, the Secretary would rule on the petition. 
The Act provides that the district court of the United States in any 
district in which such person is an inhabitant, or has his principal 
place of business, has jurisdiction to review the Secretary's ruling on 
the petition, if a complaint is filed within 20 days after date of the 
entry of the ruling.
    The AMS Administrator has determined that this rule will not have a 
significant economic impact on a substantial number of small entities, 
as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    Information collection requirements and recordkeeping provisions 
contained in 7 CFR part 1250 have been previously approved by the 
Office of Management and Budget and assigned OMB Control No. 0581-0093 
under the Paperwork Reduction Act of 1980.

Background

    The Egg Research and Promotion Order (7 CFR 1250.301-1250.363) 
established pursuant to the Egg Research and Consumer Information Act, 
as amended (7 U.S.C. 2701 et seq.), provides in Sec. 1250.328(d) that 
any changes in representation on the American Egg Board be determined 
by the percentage of total U.S. egg production in each of the six 
geographic areas. The Board is authorized 18 members, and 
representation in each of the 6 areas is based on egg production in the 
area. The Order further provides in Sec. 1250.328(e) that the Board or 
designated person or agency shall conduct periodic reviews of 
production by geographic area at any time, not to exceed 5 years, to 
assure that representation on the Board, insofar as is practicable, is 
fair and equal.
    During the development process of the Order in 1975, the 48 
contiguous States of the United States and the District of Columbia 
were divided into 6 geographic areas for purposes of determining 
proportionate representation on the Board. The areas corresponded with 
those used by the National Agricultural Statistics Service, USDA, for 
some egg industry statistics.
    The Order provides in Sec. 1250.328(d) that Board membership in 
each area be determined by calculating the percentage of U.S. egg 
production in the area, multiplying that total by 18 (total Board 
membership), and rounding to the nearest whole number.
    In 1984, a review of 1983 production statistics revealed that 
production trends had changed, and area membership was adjusted 
accordingly.
    For the 1993 review, the American Egg Board's 1992 production data 
were reconciled with 1992 data from USDA to verify the shifts in 
production trends. The review showed that the West North Central and 
Western areas are no longer proportionately represented on the Board. 
However, due to rounding off, using the formula in the Order resulted 
in 19 members, exceeding the Order's 18-member limit.
    Because of this incongruity, the Board submitted a recommendation 
to the Secretary in accordance with 1250.328(e) of the Order to 
redistrict the six areas and reapportion the members and alternates. 
The following changes are made accordingly:

----------------------------------------------------------------------------------------------------------------
                                                State composition                              Membership       
          Area            --------------------------------------------------------------------------------------
                                      Current                       Revisions            Current     Revisions  
----------------------------------------------------------------------------------------------------------------
I--North Atlantic........  Connecticut, Delaware, Maine,  Add Virginia, West Virginia..         3  None.        
                            Maryland, Massachusetts, New                                                        
                            Hampshire, New Jersey, New                                                          
                            York, Pennsylvania, Rhode                                                           
                            Island, Vermont, District of                                                        
                            Columbia.                                                                           
II--South Atlantic.......  Florida, Georgia, North        Add Alabama, Kentucky,                3  None.        
                            Carolina, South Carolina,      Tennessee; Lose Virginia,                            
                            Virginia, West Virginia.       West Virginia.                                       
III--East North Central..  Illinois, Indiana, Michigan,   Lose Illinois, Wisconsin.....         3  None.        
                            Ohio, Wisconsin.                                                                    
IV--West North Central...  Iowa, Kansas, Minnesota,       Add Illinois, Wisconsin; Lose         2  Increase to  
                            Missouri, Nebraska, North      Kansas, Missouri.                        3.          
                            Dakota, South Dakota.                                                               
V--South Central.........  Alabama, Arkansas, Kentucky,   Add Colorado, Kansas,                 3  None.        
                            Louisiana, Mississippi,        Missouri, New Mexico; Lose                           
                            Oklahoma, Tennessee, Texas.    Alabama, Kentucky, Tennessee.                        
VI--Western..............  Arizona, California,           Lose Colorado, New Mexico....         4  Decrease to  
                            Colorado, Idaho, Montana,                                               3.          
                            Nevada, New Mexico, Oregon,                                                         
                            Utah, Washington, Wyoming.                                                          
----------------------------------------------------------------------------------------------------------------

    The change in membership is based on production in the newly formed 
areas and application of the formula in Sec. 1250.328(d) of the Order, 
as follows:

------------------------------------------------------------------------
                                               Percent of               
Redistricted area    Reported     Percent of     total     Revised board
                      cases         total      production  membership\1\
                                 production    times 18                 
------------------------------------------------------------------------
I--North Atlantic    39,052,000        17.21         3.09             3 
II--South                                                               
 Atlantic........    38,118,000        16.79         3.02             3 
III--East North                                                         
 Central.........    41,201,000        18.15         3.27             3 
IV--West North                                                          
 Central.........    36,508,000        16.08         2.90             3 
V--South Central.    36,083,000        15.89         2.86             3 
 VI--Western.....    36,011,000        15.87         2.86            3  
                  ------------------------------------------------------
    Total U.S.                                                          
     production..   226,973,000        99.99        18.00            18 
------------------------------------------------------------------------
\1\Based on rounding to the nearest whole number [Sec. 1250.328(d)].    

Comments

    A proposed rule was published in the Federal Register (58 FR 65939) 
on December 17, 1993. Comments on the proposed rule were solicited from 
interested parties until January 18, 1994. No comments were received.

List of Subjects in 7 CFR Part 1250

    Administrative practice and procedure, Advertising, Agricultural 
research, Eggs and egg products, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, title 7, CFR part 1250 
is amended as follows:

PART 1250--EGG RESEARCH AND PROMOTION

    1. The authority citation of part 1250 continues to read as 
follows:

    Authority: Pub. L. 93-428, 88 Stat. 1171, as amended, 7 U.S.C. 
2701-2718.

    2. Section 1250.510 is revised to read as follows:


Sec. 1250.510  Determination of Board Membership.

    (a) Pursuant to Sec. 1250.328 (d) and (e) of the Order, the 48 
contiguous States of the United States shall be grouped into 6 
geographic areas, as follows: Area 1 (North Atlantic States)--
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, 
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, 
West Virginia, and the District of Columbia; Area 2 (South Atlantic 
States)--Alabama, Florida, Georgia, Kentucky, North Carolina, South 
Carolina, and Tennessee; Area 3 (East North Central States)--Indiana, 
Michigan, and Ohio; Area 4 (West North Central States)--Illinois, Iowa, 
Minnesota, Nebraska, North Dakota, South Dakota, and Wisconsin; Area 5 
(South Central States)--Arkansas, Colorado, Kansas, Louisiana, 
Mississippi, Missouri, New Mexico, Oklahoma, and Texas; Area 6 (Western 
States)--Arizona, California, Idaho, Montana, Nevada, Oregon, Utah, 
Washington, and Wyoming.
    (b) Board representation among the 6 geographic areas is 
apportioned to reflect the percentage of United States egg production 
in each area times 18 (total Board membership). The number of members 
of the Board, beginning with the 1995-96 term, are: Area 1--3, Area 2--
3, Area 3--3, Area 4--3, Area 5--3, Area 6--3. Each member will have an 
alternate appointed from the same area.

    Dated: March 8, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-6144 Filed 3-15-94; 8:45 am]
BILLING CODE 3410-02-P