[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Proposed Rules]
[Pages 53124-53127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26395]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1260

[No. LS-01-05]


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 1999. These adjustments are required by the Beef Promotion 
and Research Order (Order) and would

[[Page 53125]]

result in a decrease in Board membership from 110 to 108, effective 
with the Secretary's appointments for terms beginning early in the year 
2003.

DATES: Comments must be received by December 18, 2001.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief; 
Marketing Programs Branch, Room 2627-S; Livestock and Seed Program; 
Agricultural Marketing Service (AMS), USDA; STOP 0251; 1400 
Independence Avenue, SW.; Washington, DC 20250-0251.
    Comments will be available for public inspection during regular 
business hours at the above office in Room 2627-South Building, 14th 
and Independence Avenue, SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch, on 202/720-1115.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12988, the Regulatory Flexibility Act, 
and the Paperwork Reduction 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 12988, 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 26, 2001, issue of ``Cattle,'' the Department's 
National Agricultural Statistics Service (NASS) estimates that in 2000 
the number of cattle operations in the United States totaled about 1.1 
million. The majority of these operations subject to the Order, 7 CFR 
1260.101 et seq., 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 110 to 108.
    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. 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 in 1996. 
The Board was decreased to 110 members in 1999 and will be decreased to 
108 members with appointments for terms effective early in 2003.
    The current Board representation by States or units has been based 
on an average of the January 1, 1996, 1997, and 1998 inventory of 
cattle in the various States as reported by NASS of the Department. 
Current importer representation has been based on a combined total 
average of the 1995, 1996, and 1997 live cattle imports as published by 
the Foreign Agricultural Service of the Department and the average of 
the 1995, 1996, and 1997 live animal equivalents for imported beef 
products.
    Recommendations concerning Board reapportionment were approved by 
the Board at its August 9, 2001, meeting. In considering 
reapportionment, the Board reviewed cattle inventories as well as 
cattle, beef, and beef product import data for the period January 1, 
1998, to January 1, 2001. 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, 1999, 2000, and 2001 
Department cattle inventory numbers would best reflect the number of 
cattle in each State or unit since publication of the 1999 
reapportionment rule.
    The Board reviewed the February 28, 2001, Department's Economic 
Research Service circular, ``Livestock, Dairy and Poultry Situation and 
Outlook,'' to determine proper importer representation. The Board 
recommended the use of a combined total of the average of the 1998, 
1999, and 2000 cattle import data and the average of the 1998, 1999, 
and 2000 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 August 9, 2001, 
meeting to be consistent with the procedures used for domestic 
representation.

[[Page 53126]]

    The Board's recommended reapportionment plan would decrease the 
number of representatives on the Board from 110 to 108. Five States--
Alabama, Illinois, Kentucky, New York, and Wisconsin--lose one member 
each; two States and one unit--New Mexico, Wyoming, and Importer unit--
gain one member each. In addition, because South Carolina no longer has 
sufficient cattle inventory to qualify for a position on the Board 
independently, the Board proposes that South Carolina be merged with 
Georgia, a contiguous State that has only one member, to form a 
Southeast unit. The combined cattle inventory of South Carolina and 
Georgia would entitle the Southeast unit to two members on the Board, 
thus enabling both States to be 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 Alabama.............................               2                1
2. Illinois...........................               2                1
3. Kentucky...........................               3                2
4. New Mexico.........................               1                2
5. New York...........................               2                1
6. Wisconsin..........................               4                3
7. Wyoming............................               1                2
8. Importer unit......................               7                8
9. Southeast unit.....................  ...............               2
South Carolina........................               1
Georgia...............................               1
------------------------------------------------------------------------

    The 2001 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 2002 nominations and appointments that will be effective 
early in the year 2003.

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 2002 Board nominations and the associated 
appointments effective early in the year 2003, 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....................................        1,440            1
2. Arizona....................................          833            1
3. Arkansas...................................        1,823            2
4. California.................................        5,117            5
5. Colorado...................................        3,167            3
6. Florida....................................        1,820            2
7. Idaho......................................        1,940            2
8. Illinois...................................        1,497            1
9. Indiana....................................          953            1
10. Iowa......................................        3,683            4
11. Kansas....................................        6,617            7
12. Kentucky..................................        2,303            2
13. Louisiana.................................          887            1
14. Michigan..................................        1,013            1
15. Minnesota.................................        2,533            3
16. Mississippi...............................        1,100            1
17. Missouri..................................        4,333            4
18. Montana...................................        2,583            3
19. Nebraska..................................        6,650            7
20. Nevada....................................          517            1
21. New Mexico................................        1,617            2
22. New York..................................        1,433            1
23. North Carolina............................          957            1
24. North Dakota..............................        1,927            2
25. Ohio......................................        1,237            1
26. Oklahoma..................................        5,183            5
27. Oregon....................................        1,447            1
28. Pennsylvania..............................        1,653            2
29. South Dakota..............................        3,950            4
30. Tennessee.................................        2,167            2
31. Texas.....................................       13,900           14
32. Utah......................................          903            1
33. Virginia..................................        1,650            2
34. Wisconsin.................................        3,383            3
35. Wyoming...................................        1,563            2
36. Northwest.................................  ...........            1
    Alaska....................................           11  ...........
    Hawaii....................................          162  ...........
    Washington................................        1,187  ...........
                                               -------------------------
        Total.................................        1,408  ...........
37. Northeast.................................  ...........            1
    Connecticut...............................           65  ...........
    Delaware..................................           28  ...........
    Maine.....................................           99  ...........
    Massachusetts.............................           55  ...........
    New Hampshire.............................           45  ...........
    New Jersey................................           50  ...........
    Rhode Island..............................            6  ...........
    Vermont...................................          300  ...........
        Total.................................  ...........          647
                                               -------------------------
38. Mid-Atlantic..............................  ...........            1
    District of Columbia......................            0  ...........
    Maryland..................................          243  ...........
    West Virginia.............................          420  ...........
                                               -------------------------
        Total.................................          663  ...........
39. Southeast.................................  ...........            2
    Georgia...................................        1,293  ...........
    South Carolina............................          463  ...........
                                               -------------------------
        Total.................................        1,756  ...........
40. Importer \2\..............................        7,654           8
------------------------------------------------------------------------
\1\ 1999, 2000, and 2001 average of January 1 cattle inventory data.
\2\ 1998, 1999, and 2000 average of annual import data.

* * * * *


[[Page 53127]]


    Dated: October 12, 2001.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 01-26395 Filed 10-18-01; 8:45 am]
BILLING CODE 3410-02-P