[Federal Register Volume 67, Number 50 (Thursday, March 14, 2002)]
[Rules and Regulations]
[Pages 11411-11413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6141]


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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: 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 1999. These 
adjustments are required by the Beef Promotion and Research Order 
(Order) and will result in a decrease in Board membership from 110 to 
108, effective with the Department of Agriculture's (USDA) appointments 
for terms beginning early in the year 2003.

EFFECTIVE DATE: April 15, 2002.

FOR FURTHER INFORMATION CONTACT: Marlene M. Betts, Acting 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. Telephone number 
is 202/720-1115.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12988, the Regulatory Flexibility Act, 
and the Paperwork Reduction Act

    The Office of Management and Budget (OMB) has waived the review 
process required by Executive Order 12866 for this action.
    This final 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 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 26, 2001, issue of ``Cattle,'' USDA'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.
    This 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 will result in a decrease in Board 
membership from 110 to 108.

Background and Final Action

    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 USDA 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 USDA 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

[[Page 11412]]

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 USDA. 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 USDA 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 USDA 
cattle inventory numbers will 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, USDA'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.
    On October 19, 2001, AMS published in the Federal Register (66 FR 
53124) for public comment a proposed rule providing for the adjustment 
in Board membership. The proposed rule was published with a request for 
comments to be submitted to USDA by December 18, 2001.
    USDA received one comment concerning the proposed rule for Board 
reapportionment. The comment was from a cattle producer and supported 
the reapportionment plan.
    Thus, the reapportionment of the Board in this final rule is 
unchanged from the proposed rule. This final rule decreases 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, South Carolina will 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 will 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 revised member representation per unit are as 
follows:

------------------------------------------------------------------------
                                              Current         Revised
                 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   ..............
------------------------------------------------------------------------

    Board representation for the entire 40 units is shown in the 
revised Sec. 1260.141(a) contained herein.
    The 2001 nomination and appointment process was in progress while 
the Board was developing its recommendations. Thus, the Board 
reapportionment as provided for under the rulemaking will be effective 
with 2002 nominations and appointments that will be effective early in 
the year 2003.
    This action makes final the provisions of the proposed rule 
published at 66 FR 53124 on October 19, 2001.

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 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\
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                                                    (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

[[Page 11413]]

 
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.

* * * * *

    Dated: March 11, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-6141 Filed 3-13-02; 8:45 am]
BILLING CODE 3410-02-P