[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Rules and Regulations]
[Pages 3814-3815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1785]


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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: Final rule.

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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 
most recent Board reapportionment rule became effective in 1996. These 
adjustments are required by the Beef Promotion and Research Order 
(Order) and will 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.

EFFECTIVE DATE: March 29, 1999.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch, Livestock and Seed Program, Agricultural Marketing 
Service (AMS), Stop 0251, 1400 Independence Avenue, SW., Washington, 
D.C. 20250-0251. Telephone number 202/720-1115.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12778 and the Regulatory Flexibility Act

    The Department of Agriculture (Department) is issuing this final 
rule in conformance with Executive Order 12866.
    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 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 final 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 final 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 will 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 in early in 1997.
    The current Board representation by States or units has been based 
on an average of the January 1, 1993, 1994, and 1995 inventory of 
cattle in the

[[Page 3815]]

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.
    On August 28, 1998, AMS published in the Federal Register (63 FR 
45969) 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. The final rule decreases 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. As recommended 
by the Board, 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 is dissolved. Since Nevada 
and Oregon each qualify for a Board member based on the 1996-98 
inventory numbers, Nevada and Oregon are once again listed separately 
with one member each. The States and units affected by the 
reapportionment and the current and revised member representation per 
unit are as follows:

------------------------------------------------------------------------
                                              Current         Revised
                 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
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    The 1998 nomination and appointment process was in progress while 
the Board was developing its recommendations. Thus, the Board 
reapportionment will be effective with the 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, 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) 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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                                                    (1,000
                   State/unit                       head)     Directors
------------------------------------------------------------------------
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
15. Michigan....................................      1,133            1
16. Minnesota...................................      2,767            3
17. Mississippi.................................     1,3431            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            1
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\................................      6,535           7
------------------------------------------------------------------------
\1\ 1996, 1997, and 1998 average of January 1 cattle inventory data.
\2\ 1995, 1996, and 1997 average of annual import data.

* * * * *
    Dated: January 21, 1999.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 99-1785 Filed 1-25-99; 8:45 am]
BILLING CODE 3410-02-P