[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Rules and Regulations]
[Pages 60097-60098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24115]



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  Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / 
Rules and Regulations  

[[Page 60097]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1260

[Doc. No. LS-07-0141]


Beef Promotion and Research; Reapportionment

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

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 February of 
2005. These adjustments are required by the Beef Promotion and Research 
Order (Order) and will result in an increase in Board membership from 
104 to 106, effective with the Department of Agriculture's (Department) 
appointments for terms beginning early in the year 2009.

DATES: Effective Date: October 11, 2008.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch, on 202-720-1115, fax 202-720-1125, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Office of Management and Budget (OMB) has waived the review 
process required by Executive Order 12866 for this action.

Executive Order 12988

    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.

Regulatory Flexibility Act and Paperwork Reduction Act

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), The Agricultural Marketing 
Service (AMS) has considered the economic effect of this action on 
small entities and has determined that this 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 February 2007 publication of ``Farms, Land in Farms, and 
Livestock Operations,'' the Department's National Agricultural 
Statistics Service (NASS) estimates that in 2006 the number of 
operations in the United States with cattle totaled approximately 
970,000. The majority of these operations that are subject to the Order 
may be classified as small entities.
    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. The adjustments are 
required by the Order and would result in an increase in Board 
membership from 104 to 106.

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 the Department 
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 Department modifications to 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, 108 members in 2001, 
104 members in 2005, and will be increased to 106 members with 
appointments for terms effective early in 2009.
    The current Board representation by States or units was based on an 
average of the January 1, 2002, 2003, and 2004, inventory of cattle in 
the various States

[[Page 60098]]

as reported by NASS. Current importer representation was based on a 
combined total average of the 2001, 2002, and 2003 live cattle imports 
as published by the Department's Foreign Agricultural Service and the 
average of the 2001, 2002, and 2003 live animal equivalents for 
imported beef products.
    Recommendations concerning Board reapportionment were presented to 
the Board at its September 20, 2007, meeting, and were approved by the 
Executive Committee, on behalf of the Board, on October 16, 2007. In 
considering reapportionment, the Board reviewed cattle inventories as 
well as cattle, beef, and beef product import data for the period of 
January 1, 2005, to January 1, 2007. 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, 2005, 
2006, and 2007, Department cattle inventory numbers would best reflect 
the number of cattle in each State or unit since publication of the 
last reapportionment rule published in 2005.
    The Board reviewed data published by the Department's Economic 
Research Service to determine proper importer representation. The Board 
recommended the use of a combined total of the average of the 2004, 
2005, and 2006 cattle import data and the average of the 2004, 2005, 
and 2006 live animal equivalents for imported beef products. The method 
used to calculate the total number of live animal equivalents was the 
same as that used in the previous reapportionment of the Board, except 
that the live animal equivalent weight was changed in 2006 from 509 
pounds to 592 pounds. The recommendation for importer representation is 
based on the most recent 3-year average of data available to the Board 
at its September 20, 2007, meeting to be consistent with the procedures 
used for domestic representation.
    The Board's recommended reapportionment plan will increase the 
number of representatives on the Board from 104 to 106. One State-
Nebraska-would gain one member. The importer unit would also gain one 
member. The States and units affected by the reapportionment plan and 
the current and revised member representation per unit are as follows:

------------------------------------------------------------------------
                                              Current         Revised
               State/unit                 representation  representation
------------------------------------------------------------------------
1. Nebraska.............................              6               7
2. Importer.............................              8               9
------------------------------------------------------------------------

    On February 7, 2008, the Department published in the Federal 
Register (73 FR 7226) 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 the Department by March 
10, 2008.
    The Department received one comment concerning the proposed rule 
for Board reapportionment. The commenter raised a number of points that 
are not pertinent to the proposal and therefore are not addressed. The 
commenter also suggested that the membership of the Board be reduced 
from 106 to six members. The structure of the Board is determined by 
the provisions of the Act and Order, which take into account 
production. Therefore, the Department has not adopted this suggestion.
    It is found that good cause exists to make this rule effective less 
than 30 days after the date of publication in the Federal Register 
because this rule should be in effect as soon as possible for the Board 
appointments that will be effective early in the year 2009.

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.

0
For reasons set forth in the preamble, 7 CFR part 1260 is amended as 
follows:

PART 1260--BEEF PROMOTION AND RESEARCH

0
1. The authority citation for 7 CFR part 1260 continues to read as 
follows:

    Authority: 7 U.S.C. 2901-2911 and 7 U.S.C. 7401.


0
2. In Sec.  1260.141, paragraph (a) is revised to read as follows:


Sec.  1260.141  Membership of Board.

    (a) Beginning with the 2008 Board nominations and the associated 
appointments effective early in the year 2009, 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\
------------------------------------------------------------------------
           State/unit                (1,000 Head)          Directors
------------------------------------------------------------------------
1. Alabama......................  1,307.............  1
2. Arizona......................  930...............  1
3. Arkansas.....................  1,773.............  2
4. California...................   5,450............  5
5. Colorado.....................  2,617.............  3
6. Florida......................  1,707.............  2
7. Idaho........................  2,117.............  2
8. Illinois.....................  1,347.............  1
9. Indiana......................  883...............  1
10. Iowa........................  3,783.............  4
11. Kansas......................  6,550.............  7
12. Kentucky....................  2,363.............  2
13. Louisiana...................  847...............  1
14. Michigan....................  1,030.............  1
15. Minnesota...................  2,390.............  2
16. Mississippi.................  1,013.............  1
17. Missouri....................  4,450.............  4
18. Montana.....................  2,383.............  2
19. Nebraska....................  6,500.............  7
20. Nevada......................  500...............  1
21. New Mexico..................  1,543.............  2
22. New York....................  1,410.............  1
23. North Carolina..............  860...............  1
24. North Dakota................  1,760.............  2
25. Ohio........................  1,280.............  1
26. Oklahoma....................  5,350.............  5
27. Oregon......................  1,397.............  1
28. Pennsylvania................  1,603.............  2
29. South Dakota................  3,717.............  4
30. Tennessee...................  2,240.............  2
31. Texas.......................  13,933............  14
32. Utah........................  830...............  1
33. Virginia....................  1,640.............  2
34. Wisconsin...................  3,383.............  3
35. Wyoming.....................  1,403.............  1
36. Northwest...................  ..................  1
  Alaska........................  15................  ..................
  Hawaii........................  158...............  ..................
  Washington....................  1,107.............  ..................
                                 ---------------------------------------
    Total.......................  1,280.............  ..................
37. Northeast...................  ..................  1
  Connecticut...................  54................  ..................
  Delaware......................  23................  ..................
  Maine.........................  90................  ..................
  Massachusetts.................  46................  ..................
  New Hampshire.................  38................  ..................
  New Jersey....................  41................  ..................
  Rhode Island..................   5................  ..................
  Vermont.......................  272...............  ..................
                                 ---------------------------------------
    Total.......................   569..............  ..................
38. Mid-Atlantic................  ..................   1
  Maryland......................  228...............  ..................
  West Virginia.................  412...............  ..................
                                 ---------------------------------------
    Total.......................  640...............  ..................
39. Southeast...................  ..................  2
  Georgia.......................   1,187............  ..................
  South Carolina................  415...............  ..................
                                 ---------------------------------------
    Total.......................  1,602.............  ..................
40. Importer \2\................  ..................  9
------------------------------------------------------------------------
\1\ 2005, 2006, and 2007 average of January 1 cattle inventory data.
\2\ 2004, 2005, and 2006 average of annual import data.

* * * * *

    Dated: October 6, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-24115 Filed 10-9-08; 8:45 am]
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