Beef Promotion and Research; Reapportionment, 7004-7007 [05-2544]
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7004
Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
An interim final rule concerning this
action was published in the Federal
Register on October 29, 2004 (69 FR
63043). Copies of that rule were also
mailed or sent via facsimile to all
walnut handlers. Finally, the interim
final rule was made available through
the Internet by USDA and the Office of
the Federal Register. A 60-day comment
period was provided for interested
persons to respond to the interim final
rule. The comment period ended on
December 28, 2004, and one comment
was received.
The commenter believes that the
Board and this marketing order program
should be terminated in favor of a free
market system. However, the Act
authorizes this marketing order
program. Further, this comment does
not relate to the Board’s assessment rate
decrease. Thus, no changes are being
made based on the comment submitted.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Board and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[Docket No. LS–04–09]
Beef Promotion and Research;
Reapportionment
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule adjusts
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 2002. These adjustments are required
by the Beef Promotion and Research
Order (Order) and will result in a
decrease in Board membership from 108
to 104, effective with the Department of
Agriculture’s (USDA) appointments for
terms beginning early in the year 2006.
EFFECTIVE DATE: February 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Payne, Chief, Marketing
Programs Branch, Room 2638–S,
Livestock and Seed Program,
Agricultural Marketing Service (AMS),
USDA, STOP 0251, 1400 Independence
Avenue, SW., Washington, DC 20250–
0251; telephone number 202/720–1115;
facsimile 202/720–1125, or by e-mail at:
Kenenth.Payne@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
List of Subjects in 7 CFR Part 984
Walnuts, Marketing agreements, Nuts,
Reporting and recordkeeping
requirements.
The Office of Management and Budget
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
PART 984—WALNUTS GROWN IN
Justice Reform. It is not intended to
CALIFORNIA
have retroactive effect.
Section 11 of the Act provides that
I Accordingly, the interim final rule
nothing in the Act may be construed to
amending 7 CFR part 984 which was
preempt or supersede any other program
published at 69 FR 63043 on October 29, relating to beef promotion organized
and operated under the laws of the
2004, is adopted as a final rule without
United States or any State. There are no
change.
administrative proceedings that must be
Dated: February 7, 2005.
exhausted prior to any judicial
Kenneth C. Clayton,
challenge to the provisions of this rule.
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–2603 Filed 2–9–05; 8:45 am]
The Regulatory Flexibility Act and the
Paperwork Reduction Act
BILLING CODE 3410–02–P
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
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(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 30, 2004, issue of
‘‘Cattle,’’ USDA’s National Agricultural
Statistics Service (NASS) estimates that
in 2004 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, established
under the Act, to reflect changes in
domestic cattle inventory and cattle and
beef imports. The adjustments are
required by the Order and will result in
a decrease in Board membership from
108 to 104.
Background
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 Secretary of
Agriculture from nominations submitted
by certified producer and importer
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
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
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
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 § 1260.141(e)(4). As
provided in § 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, and will be decreased
to 104 members with appointments for
terms effective early in 2006.
The current Board representation by
States or units has been based on an
average of the January 1, 1999, 2000,
and 2001, 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 1998, 1999, and 2000, live
cattle imports as published by the
Foreign Agricultural Service of USDA
and the average of the 1998, 1999, and
2000, live animal equivalents for
imported beef products.
Recommendations concerning Board
reapportionment were approved by the
Board at its June 24, 2004, meeting. In
considering reapportionment, the Board
reviewed cattle inventories as well as
cattle, beef, and beef product import
data for the period January 1, 2002, to
January 1, 2004. 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
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16:15 Feb 09, 2005
Jkt 205001
January 1, 2002, 2003, and 2004, USDA
cattle inventory numbers would best
reflect the number of cattle in each State
or unit since publication of the 2001
reapportionment rule.
The Board reviewed the February 24,
2004, USDA’s Economic Research
Service circular, ‘‘Livestock, Dairy, and
Poultry Outlook,’’ to determine proper
importer representation. The Board
recommended the use of a combined
total of the average of the 2001, 2002,
and 2003, cattle import data and the
average of the 2001, 2002, and 2003, 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 June 24,
2004, meeting to be consistent with the
procedures used for domestic
representation.
Comments
On November 12, 2004, AMS
published in the Federal Register (69
FR 65386) for public comment a
proposed rule providing for the
adjustment in Board membership. That
comment period ended December 13,
2004. USDA received one comment
from an interested party in a timely
manner. The comment has been posted
on AMS’ Web site at: https://
www.ams.usda.gov/lsg/mpb/
bfcomments.htm.
Discussion of Comment
The commenter supported a
readjustment of Board membership, but
suggested that alternating representation
including consumers and others be
included on the Board. However, the
Act and Order provide that the Board
shall be composed of cattle producers
and importers appointed by the
Secretary of Agriculture from
nominations submitted by certified
producer organizations. Consequently,
this comment is not adopted.
Therefore, 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 108 to 104. Four
States—Minnesota, Montana, Nebraska,
and Wyoming—lose one member each.
The States and units affected by the
reapportionment plan and the current
and revised member representation per
unit are as follows:
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Current
representation
States
1.
2.
3.
4.
Minnesota .....
Montana ........
Nebraska ......
Wyoming .......
Revised
representation
3
3
7
2
2
2
6
1
Board representation for the entire 40
units is shown in the revised
§ 1260.141(a) contained herein.
The 2004, 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
2005, nominations and appointments
that will be effective early in the year
2006.
Pursuant to 5 U.S.C. 553, it is found
and determined that good cause exists
for not postponing the effective date of
this rule until 30 days after publication
in the Federal Register. This action
adjusts representation on the Board. By
establishing this final rule, as provided
herein, USDA will be able to make
appointments effective early in the year
2006 based upon this reapportionment.
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:
I
PART 1260—BEEF PROMOTION AND
RESEARCH
1. The authority citation for 7 CFR part
1260 continues to read as follows:
I
Authority: 7 U.S.C. 2901 et seq.
2. In § 1260.141, paragraph (a) and the
table immediately following it, are
revised to read as follows:
I
§ 1260.141
Membership of Board.
(a) Beginning with the 2005, Board
nominations and the associated
appointments effective early in the year
2006, 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:
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
CATTLE AND CALVES 1
State/unit
(1,000 head)
Directors
1. Alabama .......................................................................................................................................................
2. Arizona .........................................................................................................................................................
3. Arkansas ......................................................................................................................................................
4. California ......................................................................................................................................................
5. Colorado ......................................................................................................................................................
6. Florida ..........................................................................................................................................................
7. Idaho ............................................................................................................................................................
8. Illinois ...........................................................................................................................................................
9. Indiana .........................................................................................................................................................
10. Iowa ...........................................................................................................................................................
11. Kansas .......................................................................................................................................................
12. Kentucky ....................................................................................................................................................
13. Louisiana ...................................................................................................................................................
14. Michigan ....................................................................................................................................................
15. Minnesota ..................................................................................................................................................
16. Mississippi .................................................................................................................................................
17. Missouri .....................................................................................................................................................
18. Montana .....................................................................................................................................................
19. Nebraska ...................................................................................................................................................
20. Nevada ......................................................................................................................................................
21. New Mexico ...............................................................................................................................................
22. New York ...................................................................................................................................................
23. North Carolina ...........................................................................................................................................
24. North Dakota .............................................................................................................................................
25. Ohio ...........................................................................................................................................................
26. Oklahoma ..................................................................................................................................................
27. Oregon .......................................................................................................................................................
28. Pennsylvania .............................................................................................................................................
29. South Dakota .............................................................................................................................................
30. Tennessee .................................................................................................................................................
31. Texas .........................................................................................................................................................
32. Utah ...........................................................................................................................................................
33. Virginia .......................................................................................................................................................
34. Wisconsin ..................................................................................................................................................
35. Wyoming ....................................................................................................................................................
36. Northwest ...................................................................................................................................................
Alaska .......................................................................................................................................................
Hawaii .......................................................................................................................................................
Washington ...............................................................................................................................................
1,390
843
1,857
5,217
2,700
1,757
2,000
1,367
857
3,517
6,533
2,350
853
1,003
2,467
1,063
4,400
2,433
6,283
507
1,547
1,420
910
1,867
1,233
5,233
1,400
1,637
3,767
2,227
13,833
887
1,607
3,333
1,387
............................
12
153
1,117
1
1
2
5
3
2
2
1
1
4
7
2
1
1
2
1
4
2
6
1
2
1
1
2
1
5
1
2
4
2
14
1
2
3
1
1
............................
............................
............................
Total ...................................................................................................................................................
1,408
............................
37. Northeast ...................................................................................................................................................
Connecticut ...............................................................................................................................................
Delaware ...................................................................................................................................................
Maine ........................................................................................................................................................
Massachusetts .................................................................................................................................................
New Hampshire ...............................................................................................................................................
New Jersey ......................................................................................................................................................
Rhode Island ....................................................................................................................................................
Vermont ...........................................................................................................................................................
............................
57
24
94
50
40
45
6
285
1
............................
............................
............................
............................
............................
............................
............................
............................
Total ...................................................................................................................................................
600
............................
38. Mid-Atlantic ................................................................................................................................................
District of Columbia ..................................................................................................................................
Maryland ...................................................................................................................................................
West Virginia ............................................................................................................................................
............................
0
240
400
1
............................
............................
............................
Total ...................................................................................................................................................
640
............................
39. Southeast ...................................................................................................................................................
Georgia .....................................................................................................................................................
South Carolina ..........................................................................................................................................
............................
1,260
430
2
............................
............................
Total ...................................................................................................................................................
1,690
............................
40. Importer 2 ...................................................................................................................................................
8,378
8
1 2002,
2 2001,
2003, and 2004, average of January 1 cattle inventory data.
2002, and 2003, average of annual import data.
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
*
*
*
*
*
Dated: February 4, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–2544 Filed 2–9–05; 8:45 am]
BILLING CODE 3410–02–P
the notice and comment provisions of 5
U.S.C. 553 or the Statement of Policy of
the Secretary of Agriculture effective
July 24, 1971, (36 FR 13804) relating to
notice and comment rulemaking and
public participation in rulemaking.
These regulations are thus issued as
final.
Background
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1463
RIN 0560–AH31
Tobacco Transition Assessments
Commodity Credit Corporation,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule provides regulations
for the manner in which assessments are
to be made on various domestic
manufacturers or importers of tobacco
products to fund the tobacco transition
payment program as required by Title VI
of the America Jobs Creation Act of 2004
(the 2004 Act).
EFFECTIVE DATE: February 9, 2005.
FOR FURTHER INFORMATION CONTACT:
Misty Jones, Tobacco Division (TD),
Farm Service Agency, United States
Department of Agriculture (USDA),
STOP 0514, Room 4080–S, 1400
Independence Avenue, SW.,
Washington, DC 20250–0514. Phone:
(202) 720–7413; e-mail:
Misty.Jones@usda.gov. Persons with
disabilities who require alternative
means for communication (Braille, large
print, audio tape, etc.) should contact
the USDA Target Center at (202) 720–
2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Notice and Comment
Section 642(b) of the 2004 Act (Pub.
L. 108–357) requires that the regulations
to implement Title VI of the 2004 Act
are to be promulgated without regard to
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Jkt 205001
General Overview
Sections 611 through 613 of the 2004
Act repeal the marketing quota and
acreage allotment (marketing quota) and
price support loan programs for tobacco
that are authorized by Title III of the
Agricultural Adjustment Act of 1938
(the 1938 Act), and the Agricultural Act
of 1949 (the 1949 Act), effective at the
end of the 2004 marketing year
established for the respective kinds of
tobacco that are subject to such quotas.
The regulations used to administer the
marketing quota program are codified at
7 CFR part 723 and the price support
loan program regulations are codified at
7 CFR part 1464.
Sections 622 and 623 of the 2004 Act
provide that eligible quota holders and
tobacco producers will receive
payments under the Tobacco Transition
Payment Program (TTPP) in 10 equal
installments in each of the 2005 through
2014 fiscal years. The regulations used
to administer payments made under this
program will be set forth in a separate
rule.
Assessment and Trust Fund
Sections 625 through 627 of the 2004
Act provide for the establishment of
assessments on certain domestic
manufacturers and importers of tobacco
products in order to fund the 10-year
TTPP. The funds to be expended under
this program are to be derived from a
trust fund established by the 2004 Act.
The trust fund is also to be used to pay
for losses the Commodity Credit
Corporation (CCC) incurs in disposing
of tobacco it had acquired under the
price support loan program and for costs
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
7007
that CCC may incur by using private
financial institutions in carrying out
portions of the program. To fund the
trust, section 625(b)(1) of the 2004 Act
requires that ‘‘each tobacco product
manufacturer and tobacco product
importer that sells tobacco products in
domestic commerce in the United
States’’ be subject to this assessment.
The manner in which the assessments
are to be levied is specified by the 2004
Act. Notably, assessments are levied on
‘‘each tobacco product manufacturer
and tobacco product importer;’’
accordingly, no assessment is levied on
an entity that imports, or sells
domestically only un-manufactured
tobacco.
Assessments are imposed during each
of the fiscal years (FY) 2005 through
2014. The amount of such annual
assessment is to be sufficient to cover
the payments made to tobacco quota
holders and tobacco producers and to
cover other approved expenses made in
that calendar year. For 2005, the
percentage of these assessments to be
collected from each such sector is as
follows:
1. Cigarette manufacturers and
importers—96.331 percent.
2. Cigar manufacturers and
importers—2.783 percent.
3. Snuff manufacturers and
importers—0.539 percent.
4. Roll-your-own tobacco
manufacturers and importers—0.171
percent.
5. Chewing tobacco manufacturers
and importers—0.111 percent.
6. Pipe tobacco manufacturers and
importers—0.066 percent.
These percentages were established
under section 625 of the 2004 Act by
using calendar year 2003 data. The
allocations by class for fiscal year 2005
were calculated by multiplying net
tobacco products removed (both
domestic and imported) by the
maximum excise tax rate for each class
of tobacco (see table 1 below).
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]]>Agencies
[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Rules and Regulations]
[Pages 7004-7007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2544]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[Docket No. LS-04-09]
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 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 2002. These
adjustments are required by the Beef Promotion and Research Order
(Order) and will result in a decrease in Board membership from 108 to
104, effective with the Department of Agriculture's (USDA) appointments
for terms beginning early in the year 2006.
EFFECTIVE DATE: February 10, 2005.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing
Programs Branch, Room 2638-S, Livestock and Seed Program, Agricultural
Marketing Service (AMS), USDA, STOP 0251, 1400 Independence Avenue,
SW., Washington, DC 20250-0251; telephone number 202/720-1115;
facsimile 202/720-1125, or by e-mail at: Kenenth.Payne@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget 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.
The Regulatory Flexibility Act and the Paperwork Reduction Act
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 30, 2004, issue of ``Cattle,'' USDA's National
Agricultural Statistics Service (NASS) estimates that in 2004 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, established under the Act, to
reflect changes in domestic cattle inventory and cattle and beef
imports. The adjustments are required by the Order and will result in a
decrease in Board membership from 108 to 104.
Background
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 Secretary
of Agriculture from nominations submitted by certified producer and
importer 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
[[Page 7005]]
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 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,
and will be decreased to 104 members with appointments for terms
effective early in 2006.
The current Board representation by States or units has been based
on an average of the January 1, 1999, 2000, and 2001, 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 1998, 1999, and 2000, live cattle imports as published by the
Foreign Agricultural Service of USDA and the average of the 1998, 1999,
and 2000, live animal equivalents for imported beef products.
Recommendations concerning Board reapportionment were approved by
the Board at its June 24, 2004, meeting. In considering
reapportionment, the Board reviewed cattle inventories as well as
cattle, beef, and beef product import data for the period January 1,
2002, to January 1, 2004. 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, 2002, 2003, and 2004, USDA
cattle inventory numbers would best reflect the number of cattle in
each State or unit since publication of the 2001 reapportionment rule.
The Board reviewed the February 24, 2004, USDA's Economic Research
Service circular, ``Livestock, Dairy, and Poultry Outlook,'' to
determine proper importer representation. The Board recommended the use
of a combined total of the average of the 2001, 2002, and 2003, cattle
import data and the average of the 2001, 2002, and 2003, 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 June 24, 2004, meeting to be
consistent with the procedures used for domestic representation.
Comments
On November 12, 2004, AMS published in the Federal Register (69 FR
65386) for public comment a proposed rule providing for the adjustment
in Board membership. That comment period ended December 13, 2004. USDA
received one comment from an interested party in a timely manner. The
comment has been posted on AMS' Web site at: https://www.ams.usda.gov/
lsg/mpb/bfcomments.htm.
Discussion of Comment
The commenter supported a readjustment of Board membership, but
suggested that alternating representation including consumers and
others be included on the Board. However, the Act and Order provide
that the Board shall be composed of cattle producers and importers
appointed by the Secretary of Agriculture from nominations submitted by
certified producer organizations. Consequently, this comment is not
adopted.
Therefore, 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 108 to 104. Four States--
Minnesota, Montana, Nebraska, and Wyoming--lose one member each. 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. Minnesota............................ 3 2
2. Montana.............................. 3 2
3. Nebraska............................. 7 6
4. Wyoming.............................. 2 1
------------------------------------------------------------------------
Board representation for the entire 40 units is shown in the
revised Sec. 1260.141(a) contained herein.
The 2004, 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 2005, nominations and appointments that will be effective early in
the year 2006.
Pursuant to 5 U.S.C. 553, it is found and determined that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register. This action adjusts
representation on the Board. By establishing this final rule, as
provided herein, USDA will be able to make appointments effective early
in the year 2006 based upon this reapportionment.
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 et seq.
0
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 2005, Board nominations and the associated
appointments effective early in the year 2006, 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:
[[Page 7006]]
Cattle and Calves \1\
------------------------------------------------------------------------
State/unit (1,000 head) Directors
------------------------------------------------------------------------
1. Alabama.......................... 1,390 1
2. Arizona.......................... 843 1
3. Arkansas......................... 1,857 2
4. California....................... 5,217 5
5. Colorado......................... 2,700 3
6. Florida.......................... 1,757 2
7. Idaho............................ 2,000 2
8. Illinois......................... 1,367 1
9. Indiana.......................... 857 1
10. Iowa............................ 3,517 4
11. Kansas.......................... 6,533 7
12. Kentucky........................ 2,350 2
13. Louisiana....................... 853 1
14. Michigan........................ 1,003 1
15. Minnesota....................... 2,467 2
16. Mississippi..................... 1,063 1
17. Missouri........................ 4,400 4
18. Montana......................... 2,433 2
19. Nebraska........................ 6,283 6
20. Nevada.......................... 507 1
21. New Mexico...................... 1,547 2
22. New York........................ 1,420 1
23. North Carolina.................. 910 1
24. North Dakota.................... 1,867 2
25. Ohio............................ 1,233 1
26. Oklahoma........................ 5,233 5
27. Oregon.......................... 1,400 1
28. Pennsylvania.................... 1,637 2
29. South Dakota.................... 3,767 4
30. Tennessee....................... 2,227 2
31. Texas........................... 13,833 14
32. Utah............................ 887 1
33. Virginia........................ 1,607 2
34. Wisconsin....................... 3,333 3
35. Wyoming......................... 1,387 1
36. Northwest....................... ................ 1
Alaska......................... 12 ................
Hawaii......................... 153 ................
Washington..................... 1,117 ................
-------------------
Total...................... 1,408 ................
===================
37. Northeast....................... ................ 1
Connecticut.................... 57 ................
Delaware....................... 24 ................
Maine.......................... 94 ................
Massachusetts...................... 50 ................
New Hampshire...................... 40 ................
New Jersey......................... 45 ................
Rhode Island....................... 6 ................
Vermont............................ 285 ................
-------------------
Total...................... 600 ................
===================
38. Mid-Atlantic.................... ................ 1
District of Columbia........... 0 ................
Maryland....................... 240 ................
West Virginia.................. 400 ................
-------------------
Total...................... 640 ................
===================
39. Southeast....................... ................ 2
Georgia........................ 1,260 ................
South Carolina................. 430 ................
-------------------
Total...................... 1,690 ................
===================
40. Importer \2\.................... 8,378 8
------------------------------------------------------------------------
\1\ 2002, 2003, and 2004, average of January 1 cattle inventory data.
\2\ 2001, 2002, and 2003, average of annual import data.
[[Page 7007]]
* * * * *
Dated: February 4, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-2544 Filed 2-9-05; 8:45 am]
BILLING CODE 3410-02-P
