Beef Promotion and Research; Reapportionment

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1260

[No. LS-95-007]

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 Board was reapportioned in 1993. These adjustments

are required by the Beef Promotion and Research Order (Order) and would

result in an increase in Board membership from 107 to 111, effective

with the Secretary's 1996 appointments.

DATES: Comments must be received by October 10, 1995.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief;

Marketing Programs Branch; Livestock and Seed Division; Agricultural

Marketing Service (AMS), USDA, Room 2606-S; P.O. Box 96456; Washington,

D.C. 20090-6456. Comments will be available for public inspection

during regular business hours at the above office in Room 2606-South

Building, 14th and Independence Avenue, Southwest, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing

Programs Branch, on 202/720-1115.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12778 and the Regulatory Flexibility Act

The Department of Agriculture is issuing this rule in conformance

with Executive Order 12866.

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. It is not intended to have retroactive effect.

Section 11 of the

[[Page 46782]]

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.

This action was also reviewed under the Regulatory Flexibility Act

(RFA) (5 U.S.C. 601 et seq.). The Administrator of AMS has determined

that this proposed action will not have a significant impact on a

substantial number of small entities as defined by RFA since it only

adjusts representation on the Board to reflect changes in domestic

cattle inventory and imports.

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.

The current Board representation by States or units has been based

on an average of the January 1, 1990, 1991, and 1992 inventory of

cattle in the various States as reported by the National Agricultural

Statistics Service of the Department of Agriculture (USDA). Importer

representation has been based on a combined total average of the 1989,

1990, and 1991 live cattle imports as published by the Foreign

Agricultural Service (FAS) of USDA and the average of the 1989, 1990,

and 1991 live animal equivalents for imported beef products.

Recommendations concerning Board reapportionment were approved by

the Board at its July 24, 1995, meeting. In considering

reapportionment, the Board reviewed cattle inventories as well as

cattle, beef, and beef product import data for the period January 1,

1993, to January 1, 1995. 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, 1993, 1994, and 1995 USDA

cattle inventory numbers would best reflect the number of cattle in

each State or unit since the 1993 reapportionment.

The Board reviewed the March 1995 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 1992, 1993, and 1994 cattle import data and

the average of the 1992, 1993, and 1994 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 24, 1995, meeting to be consistent

with the procedures used for domestic representation.

The Board's recommended reapportionment plan would increase the

number of representatives on the Board from 107 to 111. Two States--

Iowa and Ohio--lose one member each; three States--Missouri, Montana,

and South Dakota--gain one member each; Texas, gains two members; and

the importer unit gains one member. Nevada would lose its only member.

Because Nevada does not have sufficient cattle inventory to qualify for

a position on the Board, the Board proposes that Nevada be merged with

Oregon, a contiguous State that has only one member, to form a Western

unit. The combined cattle inventory of Nevada and Oregon would entitle

that Western unit to two seats on the Board, thus enabling both States

to be jointly 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.)

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Current Proposed

States representation representation

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1. Iowa................................. 5 4

2. Missouri............................. 4 5

3. Montana.............................. 2 3

4. Ohio................................. 2 1

5. South Dakota......................... 3 4

6. Texas................................ 13 15

7. Western.............................. 0 2

Nevada................................ 1 ..............

Oregon................................ 1 ..............

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The 1995 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 1996 nominations and appointments.

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.

[[Page 46783]]

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) For Board nominations and appointments beginning with those in

1996, the United States shall be divided into 39 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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State/Unit (1,000 head) Directors

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1. Alabama.............................. 1,677 2

2. Arizona.............................. 863 1

3. Arkansas............................. 1,837 2

4. California........................... 4,617 5

5. Colorado............................. 2,967 3

6. Florida.............................. 1,977 2

7. Georgia.............................. 1,477 1

8. Idaho................................ 1,720 2

9. Illinois............................. 1,813 2

10. Indiana............................. 1,163 1

11. Iowa................................ 4,183 4

12. Kansas.............................. 6,067 6

13. Kentucky............................ 2,617 3

14. Louisiana........................... 943 1

15. Michigan............................ 1,210 1

16. Minnesota........................... 2,750 3

17. Mississippi......................... 1,353 1

18. Missouri............................ 4,600 5

19. Montana............................. 2,583 3

20. Nebraska............................ 6,017 6

21. New Mexico.......................... 1,437 1

22. New York............................ 1,503 2

23. North Carolina...................... 1,063 1

24. North Dakota........................ 1,857 2

25. Ohio................................ 1,480 1

26. Oklahoma............................ 5,333 5

27. Pennsylvania........................ 1,783 2

28. South Carolina...................... 513 1

29. South Dakota........................ 3,833 4

30. Tennessee........................... 2,450 2

31. Texas............................... 14,667 15

32. Utah................................ 867 1

33. Virginia............................ 1,713 2

34. Wisconsin........................... 3,883 4

35. Wyoming............................. 1,383 1

36. Northwest........................... .............. 2

Alaska................................ 9 ..............

Hawaii................................ 173 ..............

Washington............................ 1,353 ..............

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Total............................... 1,535 ..............

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37. Northeast........................... .............. 1

Connecticut........................... 76 ..............

Delaware.............................. 30 ..............

Maine................................. 116 ..............

Massachusetts......................... 69 ..............

New Hampshire......................... 49 ..............

New Jersey............................ 67 ..............

Rhode Island.......................... 7 ..............

Vermont............................... 292 ..............

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Total............................... 706 ..............

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38. Mid-Atlantic........................ .............. 1

District of Columbia.................. 0 ..............

Maryland.............................. 310 ..............

West Virginia......................... 477 ..............

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Total............................... 787 ..............

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39. Western............................. .............. 2

Nevada................................ 497 ..............

Oregon................................ 1,420 ..............

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Total............................... 1,917 ..............

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40. Importer \2\........................ 7,016 7

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\1\ 1993, 1994, and 1995 average.

\2\ 1992, 1993, and 1994 average.

* * * * *

Dated: September 1, 1995

Lon Hatamiya,

Administrator.

[FR Doc. 95-22282 Filed 9-7-95; 8:45 am]

BILLING CODE 3410-02-P