[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Proposed Rules]
[Pages 7226-7227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2194]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / 
Proposed Rules

[[Page 7226]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1260

[No. LS-07-0141]


Beef Promotion and Research; Reapportionment

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

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 of 1985 (Act), 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 would 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: Written comments must be received by March 10, 2008.

ADDRESSES: Comments must be posted online at www.regulations.gov or 
sent to Kenneth R. Payne, Chief, Marketing Programs Branch, Livestock 
and Seed Program, Agricultural Marketing Service, USDA, Room 2628-S, 
STOP 0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251; or 
fax to (202) 720-1125. All comments should reference the docket number, 
the date, and the page number of this issue of the Federal Register. 
Comments will be available for public inspection at the aforementioned 
address, as well as on the Internet at http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch, on 202/720-1115, fax 202/720-1125, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#c18aa4afafa4b5a9ef91a0b8afa481b4b2a5a0efa6aeb7"><span class="__cf_email__" data-cfemail="5f143a31313a2b37710f3e26313a1f2a2c3b3e71383029">[email protected]</span></a>.

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 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.

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 Administrator of the 
Agricultural Marketing Service (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 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 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. The adjustments are 
required by the Order and would result in an increase in Board 
membership from 104 to 106.

Background and Proposed Action

     The Board was initially appointed August 4, 1986, pursuant to the 
provisions of the Act (7 U.S.C. 2901-2911) 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 1 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.

[[Page 7227]]

    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 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 would 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 proposed member representation per unit are as follows:

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

    The 2008 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 appointments that will be effective early in the year 
2009.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. Thirty days is deemed appropriate to 
facilitate the adjustment of the representation on the Board, which is 
required by the Order at least every 3 years, and not more than every 2 
years. To permit timely execution of the annual nomination and 
appointment process, publication of a subsequent final rule must occur 
as soon as practical.

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. 2901-2911.

    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 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\
------------------------------------------------------------------------
                                                    (1,000
                   State/unit                        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: February 1, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-2194 Filed 2-6-08; 8:45 am]
BILLING CODE 3410-02-P


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