[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