[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Rules and Regulations]
[Pages 62019-62021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29459]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 1260
[No. LS-95-007]
Beef Promotion and Research; Reapportionment
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adjusts 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.
EFFECTIVE DATE: January 3, 1996.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing
Programs Branch, Livestock and Seed Division, Agricultural Marketing
Service (AMS), USDA, Room 2606-S, P.O. Box 96456, Washington, DC 20090-
6456. 202/720-1115.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 12778 and the Regulatory Flexibility Act
This final rule has been determined to be not significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by the Office of Management and Budget (OMB).
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. It is not intended to have retroactive effect.
Section 11 of the 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.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of AMS
has determined that this final rule 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 and importer
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
[[Page 62020]]
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 1 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,
1992, 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.
On September 8, 1995, AMS published in the Federal Register (60 FR
46781) for public comment a proposed rule providing for the adjustment
in Board membership.
The Department did not receive any comments concerning the proposed
rule. Thus, the reapportionment of the Board in this final rule is
unchanged from the proposed rule. This final rule increases 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 loses its only member. Nevada will 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
will entitle the 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 revised member
representation per unit are as follows:
------------------------------------------------------------------------
Current Revised
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 ..............
------------------------------------------------------------------------
New Board representation for the entire 40 units is shown in the
revised Sec. 1260.141(a) contained herein. The new Board
reapportionment will become effective with 1996 nominations and
appointments.
This action makes final the provisions of the proposed rule
published at 60 FR 46781 on September 8, 1995.
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, 7 CFR part 1260 is 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.
2. In section 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
1 unit representing importers, and the number of Board members from
each unit shall be as follows:
Cattle and Calves \1\
------------------------------------------------------------------------
(1,000
State/unit 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
[[Page 62021]]
30. Tennessee..................................... 2,450 2
31. Texas......................................... \1\ 4,667 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: November 27, 1995.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 95-29459 Filed 12-1-95; 8:45 am]
BILLING CODE 3410-02-P