[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Pages 8056-8057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3071]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[No. LS-05-01]


Beef Promotion and Research: Certification and Nomination for the 
Cattlemen's Beef Promotion and Research Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of Agriculture's 
(USDA) Agricultural Marketing Service (AMS) is accepting applications 
from State cattle producer organizations or associations and general 
farm organizations, as well as cattle or beef importer organizations, 
who desire to be certified to nominate producers or importers for 
appointment to vacant positions on the Cattlemen's Beef Promotion and 
Research Board (Board). Organizations which have not previously been 
certified that are interested in submitting nominations must complete 
and submit an official application form to AMS. Previously certified 
organizations do not need to reapply. Notice is also given that 
vacancies will occur on the Board and that during a period to be 
established, nominations will be accepted from eligible organizations 
and individual importers.

DATES: Applications for certification must be received by close of 
business March 21, 2005.

ADDRESSES: Certification form as well as copies of the certification 
and nomination procedures may be requested from Kenneth R. Payne, 
Chief; Marketing Programs Branch, LS, AMS, USDA; STOP 0251--Room 2638-
S; 1400 Independence Avenue, SW.; Washington, DC 20250-0251. The form 
may also be found on the Internet at http://www.ams.usda.gov/lsg/mpb/beef/LS-25fill.pdf.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch at 202/720-1115.

SUPPLEMENTARY INFORMATION: The Beef Promotion and Research Act of 1985 
(Act) (7 U.S.C. 2901 et seq.), enacted December 23, 1985, authorizes 
the implementation of a Beef Promotion and Research Order (Order). The 
Order, as published in the July 18, 1986, Federal Register (51 FR 
26132), provides for the establishment of a Board. The current Board 
consists of 96 cattle producers and 8 importers appointed by USDA. The 
duties and responsibilities of the Board are specified in the Order.
    The Act and the Order provide that USDA shall either certify or 
otherwise determine the eligibility of State cattle producer 
organizations or associations and general farm organizations, as well 
as any importer organizations or associations to nominate members to 
the Board to ensure that nominees represent the interests of cattle 
producers and importers. Nominations for importer representatives may 
also be made by individuals who import cattle, beef, or beef products. 
Persons who are individual importers do not need to be certified as 
eligible to submit nominations. When individual importers submit 
nominations, they must establish to the satisfaction of

[[Page 8057]]

USDA that they are in fact importers of cattle, beef, or beef products, 
pursuant to Sec.  1260.143(b)(2) of the Order [7 CFR 1260.143(b)(2)]. 
Individual importers are encouraged to contact AMS at the above address 
to obtain further information concerning the nomination process, 
including the beginning and ending dates of the established nomination 
period and required nomination forms and background information sheets. 
Certification and nomination procedures were promulgated in the final 
rule, published in the April 4, 1986, Federal Register (51 FR 11557) 
and currently appear at 7 CFR 1260.500 through Sec.  1260.640. 
Organizations which have previously been certified to nominate members 
to the Board do not need to reapply for certification to nominate 
producers and importers for the upcoming vacancies.
    The Act and the Order provide that the members of the Board shall 
serve for terms of 3 years. The Order also requires USDA to announce 
when a Board vacancy does or will exist. The following States have one 
or more members whose terms will expire in early 2006:

------------------------------------------------------------------------
                                                              Number of
                       State or unit                          vacancies
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Arkansas...................................................            1
California.................................................            1
Colorado...................................................            1
Florida....................................................            1
Idaho......................................................            1
Kansas.....................................................            3
Kentucky...................................................            1
Missouri...................................................            1
Montana....................................................            1
Nebraska...................................................            2
New Mexico.................................................            1
North Dakota...............................................            1
Oklahoma...................................................            2
Pennsylvania...............................................            1
South Dakota...............................................            1
Texas......................................................            5
Virginia...................................................            1
Importers..................................................            5
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    Since there are no anticipated vacancies on the Board for the 
remaining States' or units, nominations will not be solicited from the 
certified organizations or associations in those States or units.
    Uncertified eligible producer organizations and general farm 
organizations in all States that are interested in being certified as 
eligible to nominate cattle producers for appointment to the listed 
producer positions, must complete and submit an official ``Application 
for Certification of Organization or Association,'' which must be 
received by close of business March 21, 2005. Uncertified eligible 
importer organizations that are interested in being certified as 
eligible to nominate importers for appointment to the listed importer 
positions must apply by the same date. Importers should not use the 
application form but should provide the requested information by letter 
as provided for in 7 CFR 1260.540(b). Applications from States or units 
without vacant positions on the Board and other applications not 
received within the 30-day period after publication of this Notice in 
the Federal Register will be considered for eligibility to nominate 
producers or importers for subsequent vacancies on the Board.
    Only those organizations or associations which meet the criteria 
for certification of eligibility promulgated at 7 CFR 1260.530 are 
eligible for certification. Those criteria are:
    (a) For State organizations or associations:
    (1) Total paid membership must be comprised of at least a majority 
of cattle producers or represent at least a majority of cattle 
producers in a State or unit.
    (2) Membership must represent a substantial number of producers who 
produce a substantial number of cattle in such State or unit.
    (3) There must be a history of stability and permanency, and
    (4) There must be a primary or overriding purpose of promoting the 
economic welfare of cattle producers.
    (b) For organizations or associations representing importers, the 
determination by USDA as to the eligibility of importer organizations 
or associations to nominate members to the Board shall be based on 
applications containing the following information:
    (1) The number and type of members represented (i.e., beef or 
cattle importers, etc.),
    (2) Annual import volume in pounds of beef and beef products and/or 
the number of head of cattle,
    (3) The stability and permanency of the importer organization or 
association,
    (4) The number of years in existence, and
    (5) The names of the countries of origin for cattle, beef, or beef 
products imported.
    All certified organizations and associations, including those that 
were previously certified in the States or units having vacant 
positions on the Board, will be notified simultaneously in writing of 
the beginning and ending dates of the established nomination period and 
will be provided with required nomination forms and background 
information sheets.
    The names of qualified nominees received by the established due 
date will be submitted to USDA for consideration as appointees to the 
Board.
    The information collection requirements referenced in this notice 
have been previously approved by the Office of Management and Budget 
(OMB) under the provisions of 44 U.S.C., Chapter 35 and have been 
assigned OMB No. 0581-0093, except Board member nominee information 
sheets are assigned OMB No. 0505-0001.

    Authority: 7 U.S.C. 2901 et seq.

    Dated: February 14, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-3071 Filed 2-16-05; 8:45 am]
BILLING CODE 3410-02-P