[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Proposed Rules]
[Pages 45969-45971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23227]


      
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 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / 
Proposed Rules  

[[Page 45969]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1260

[No. LS-98-002]


Beef Promotion and Research; Reapportionment

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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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 most recent Board reapportionment rule became 
effective in 1996. These adjustments are required by the Beef Promotion 
and Research Order (Order) and would result in a decrease in Board 
membership from 111 to 110, effective with the Secretary's appointments 
for terms beginning early in the year 2000.

DATES: Comments must be received by October 27, 1998.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief; 
Marketing Programs Branch, STOP 0251; Livestock and Seed Program; 
Agricultural Marketing Service (AMS), USDA, Room 2606-S; P.O. Box 
96456; Washington, DC 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, SW., Washington, 
D.C.

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 (Department) 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 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 United States Code (U.S.C.) 601 et seq.). The 
Administrator of AMS has considered the economic effect of this action 
on small entities and has determined that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities. The purpose of RFA is to fit regulatory actions to the scale 
of businesses subject to such actions in order that small businesses 
will not be unduly burdened.
    In the January 30, 1998, issue of ``Cattle,'' the Department's 
National Agricultural Statistics Service (NASS) estimates that in 1997 
the number of cattle operations in the United States totaled about 1.17 
million. The majority of these operations subject to the Order are 
considered small businesses under the criteria established by the Small 
Business Administration.
    The proposed rule imposes no new burden on the industry. It only 
adjusts representation on the Board to reflect changes in domestic 
cattle inventory and cattle and beef imports. This action would adjust 
representation on the Board, established under the Act. The adjustments 
are required by the Order and would result in a decrease in Board 
membership from 111 to 110.
    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 before the Board was increased to 111 members with 
appointments for terms effective early in 1997.
    The current Board representation by States or units has been based 
on an

[[Page 45970]]

average of the January 1, 1993, 1994, and 1995 inventory of cattle in 
the various States as reported by NASS of the Department. Importer 
representation has been based on a combined total average of the 1992, 
1993, and 1994 live cattle imports as published by the Foreign 
Agricultural Service (FAS) of the Department and the average of the 
1992, 1993, and 1994 live animal equivalents for imported beef 
products.
    Recommendations concerning Board reapportionment were approved by 
the Board at its July 19, 1998, meeting. In considering 
reapportionment, the Board reviewed cattle inventories as well as 
cattle, beef, and beef product import data for the period January 1, 
1995, to January 1, 1998. 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, 1996, 1997, and 1998 
Department cattle inventory numbers would best reflect the number of 
cattle in each State or unit since publication of the 1996 
reapportionment rule.
    The Board reviewed the March 1998 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 1995, 1996, and 1997 cattle import data and 
the average of the 1995, 1996, and 1997 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 19, 1998, meeting to be consistent 
with the procedures used for domestic representation.
    The Board's recommended reapportionment plan would decrease the 
number of representatives on the Board from 111 to 110. Two States and 
one unit--Missouri, Texas, and the Northwest unit--lose one member 
each; two States--Kansas and Nebraska--gain one member each. The Board 
also recommends that the two member Western unit, composed of Nevada 
and Oregon which was formed in the most recent reapportionment because 
Nevada did not have sufficient cattle inventory to qualify 
independently for a position on the Board, be dissolved. Since Nevada 
and Oregon each qualify for a Board member based on the 1996-98 
inventory numbers, the Board recommends that Nevada and Oregon again be 
listed separately with one member each. The States and units affected 
by the reapportionment plan and the current and revised member 
representation per unit are as follows:

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                                              Current        Proposed   
                 States                   representation  representation
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1. Kansas...............................               6               7
2. Missouri.............................               5               4
3. Nebraska.............................               6               7
4. Texas................................              15              14
5. Northwest unit.......................               2               1
6. Western unit.........................               2               0
7. Nevada...............................               0               1
8. Oregon...............................               0               1
------------------------------------------------------------------------

    The 1998 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 1999 nominations and appointments which will be effective 
early in the year 2000.

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.

    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) Beginning with the 1999 Board nominations and the associated 
appointments effective early in the year 2000, the United States shall 
be divided into 40 geographical units and one unit representing 
importers, and the number of Board members from each unit shall be as 
follows:

                          Cattle and Calves \1\                         
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               State/unit                  (1,000 head)      Directors  
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1. Alabama..............................           1,627               2
2. Arizona..............................             810               1
3. Arkansas.............................           1,870               2
4. California...........................           4,600               5
5. Colorado.............................           3,117               3
6. Florida..............................           1,937               2
7. Georgia..............................           1,497               1
8. Idaho................................           1,763               2
9. Illinois.............................           1,720               2
10. Indiana.............................           1,103               1
11. Iowa................................           3,867               4
12. Kansas..............................           6,550               7
13. Kentucky............................           2,550               3
14. Louisiana...........................           1,010               1

[[Page 45971]]

                                                                        
15. Michigan............................           1,133               1
16. Minnesota...........................           2,767               3
17. Mississippi.........................           1,343               1
18. Missouri............................           4,450               4
19. Montana.............................           2,683               3
20. Nebraska............................           6,517               7
21. Nevada..............................             510               1
22. New Mexico..........................           1,480               1
23. New York............................           1,527               2
24. North Carolina......................           1,160               1
25. North Dakota........................           1,857               2
26. Ohio................................           1,483               1
27. Oklahoma............................           5,467               5
28. Oregon..............................           1,440               1
29. Pennsylvania........................           1,770               2
30. South Carolina......................             517               1
31. South Dakota........................           3,733               4
32. Tennessee...........................           2,460               2
33. Texas...............................          14,467              14
34. Utah................................             903               1
35. Virginia............................           1,797               2
36. Wisconsin...........................           3,700               4
37. Wyoming.............................           1,477               1
38. Northwest...........................  ..............               1
    Alaska..............................              11  ..............
    Hawaii..............................             167  ..............
    Washington..........................           1,230  ..............
                                         -------------------------------
        Total...........................           1,408  ..............
39. Northeast...........................  ..............               1
    Connecticut.........................              70  ..............
    Delaware............................              29  ..............
    Maine...............................             113  ..............
    Massachusetts.......................              63  ..............
    New Hampshire.......................              41  ..............
    New Jersey..........................              68  ..............
    Rhode Island........................               7  ..............
    Vermont.............................             302  ..............
                                         -------------------------------
        Total...........................             693  ..............
40. Mid-Atlantic........................  ..............               1
    District of Columbia................               0  ..............
    Maryland............................             275  ..............
    West Virginia.......................             447  ..............
                                         -------------------------------
        Total...........................             722  ..............
41. Importer \2\........................            6535              7 
------------------------------------------------------------------------
1 1996, 1997, and 1998 average of January 1 cattle inventory data.      
2 1995, 1996, and 1997 average of annual import data.                   

* * * * *
    Dated: August 24, 1998.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 98-23227 Filed 8-27-98; 8:45 am]
BILLING CODE 3410-02-P