Amendment to Egg Research and Promotion Rules and Regulations, 41725-41727 [E6-11738]
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Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations
meetings, the February 28, 2006,
meeting was a public meeting and all
entities, both large and small, were able
to express their views on this issue.
An interim final rule regarding this
action was published in the Federal
Register on April 10, 2006. Committee
staff ensured that copies of the rule were
made available to Committee members
and Washington sweet cherry industry
members. In addition, the rule was
made available through the Internet by
USDA and the Office of the Federal
Register. The interim final rule provided
for a 60-day comment period that ended
June 9, 2006. No comments were
received.
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
Committee’s recommendation, and
other information, it is found that
finalization of the interim final rule,
without change, as published in the
Federal Register (71 FR 17982, April 10,
2006) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 923
Cherries, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 923—SWEET CHERRIES
GROWN IN DESIGNATED COUNTIES
IN WASHINGTON
Accordingly, the interim final rule
amending 7 CFR part 923 which was
published at 71 FR 17982 on April 10,
2006, is adopted as a final rule without
change.
I
Dated: July 18, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–11736 Filed 7–21–06; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
rmajette on PROD1PC67 with RULES1
7 CFR Part 1250
[Docket No. PY–06–001]
Amendment to Egg Research and
Promotion Rules and Regulations
AGENCY:
Agricultural Marketing Service.
VerDate Aug<31>2005
14:41 Jul 21, 2006
Jkt 208001
Interim final rule with request
for comments.
ACTION:
SUMMARY: This action will amend the
Egg Research and Promotion Rules and
Regulations by changing the State
composition of the six geographic areas
on the American Egg Board. The Board
approved this change and requested that
the Secretary amend the Rules and
Regulations accordingly. This
adjustment is based on changing
geographic trends in egg production and
would become effective beginning with
the 2007–08 membership term.
DATES: Effective July 25, 2006.
Comments must be received by August
23, 2006.
ADDRESSES: Written comments are to be
mailed to Angela C. Snyder, Chief,
Research and Promotion, Poultry
Programs, AMS, USDA, Stop 0256, 1400
Independence Avenue, SW.,
Washington, DC 20090–6456; or by fax
to (202) 720–5631. Alternatively,
comments may be submitted
electronically to:
angie.snyder@usda.gov. Comments may
also be submitted electronically to:
AMSPYDockets@usda.gov or https://
www.regulations.gov. State that your
comments refer to Docket No. PY–06–
001. Comments should be submitted in
duplicate. Comments received may be
inspected at this location between 8
a.m. and 4:30 p.m., Monday through
Friday, except holidays. Comments
received also will be made available
over the Internet in the rulemaking
section of the AMS Web site https://
www.ams.usda.gov/rulemaking. A copy
of this interim final rule may be found
at: https://www.ams.usda.gov/poultry/
regulations/rulemaking/index.htm.
FOR FURTHER INFORMATION CONTACT:
Angela C. Snyder, (202) 720–5131.
SUPPLEMENTARY INFORMATION: The Egg
Research and Promotion Order (Order)
is issued under the Egg Research and
Consumer Information Act (Act), as
amended [7 U.S.C. 2701 et seq.].
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 rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have a retroactive effect. This rule
would not preempt any State or local
laws, regulations, or policies, unless
they present an irreconcilable conflict
with this rule.
The Act provides that administrative
proceedings must be exhausted before
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
41725
parties may file suit in court. Under
section 14 of the Act, a person subject
to an order may file provisions of such
Order or any obligations imposed in
connection with such Order are not in
accordance with law; and requesting a
modification of the Order or an
exemption there from. Such person is
afforded the opportunity for a hearing
on the petition. After a hearing, the
Secretary would rule on the petition.
The Act provides that the district court
of the United States in any district in
which such person is an inhabitant, or
has his principal place of business, has
jurisdiction to review the Secretary’s
ruling on the petition, if a complaint is
filed within 20 days after date of the
entry of the ruling.
Regulatory Flexibility Act
The Agricultural Marketing Service
has determined that this rule will not
have a significant economic impact on
a substantial number of small entities,
as defined by the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The rule
imposes no new burden on the industry
but merely adjusts area distribution to
reflect geographic shifts in production
since the last review. In accordance
with the provisions of the Act and
section 1250.328 of the Order, the area
grouping of the 48 contiguous States are
to be reviewed by the Board at least
every 5 years. Based on the latest
review, the Board has recommended
adjustment of area distribution to reflect
sustained geographic shifts in egg
production. Total United States table
egg production was 76.98 billion in
2005, representing a 9% increase in
exports and continued increases in
domestic per capita consumption.
There are approximately 260 egg
producers required to pay assessments
to the Board under the Act. The Act
exempts producers owning less than
75,000 laying hens from paying
assessments; therefore, the nation’s
smallest producers are exempt from the
program. The Small Business
Administration (SBA) [13 CFR 121.201]
defines small agricultural producers as
those having receipts of $750,000 or less
annually and small agricultural service
firms as those having receipts of $6.5
million or less annually. None of the
260 producers subject to the Act are
believed to be categorized by the SBA as
small agricultural producers.
Paperwork Reduction Act
Information collection requirements
and recordkeeping provisions contained
in 7 CFR part 1250 have been previously
approved by the Office of Management
and Budget and assigned OMB Control
E:\FR\FM\24JYR1.SGM
24JYR1
41726
Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations
No. 0581–0093 under the Paperwork
Reduction Act of 1980.
Background and Proposed Change
The Egg Research and Promotion
Order (7 CFR 1250.301—1250.363)
established pursuant to the Egg
Research and Consumer Information
Act, as amended (7 U.S.C. 2701 et seq.),
provides in section 1250.328(d) that any
changes in representation on the
American Egg Board be determined by
the percentage of total U.S. egg
production in each of the six geographic
areas. The Board has 18 members, and
representation in each of the 6 areas is
based on egg production in the area. The
Order further provides in section
1250.328(e) that the Board or designated
person or agency shall conduct periodic
reviews of production by geographic
area at any time, not to exceed 5 years.
This ensures that representation on the
Board, insofar as is practicable, is fair
and equal.
During the development process of
the Order in 1975, the 48 contiguous
States of the United States and the
District of Columbia were divided into
6 geographic areas for purposes of
determining proportionate
representation on the Board. The areas
corresponded with those used by the
National Agriculture Statistics Service,
USDA.
The Order provides in section
1250.328(d) that Board membership in
each area be determined by calculating
the percentage of U.S. egg production in
the area, multiplying that total by 18
(total Board membership), and rounding
to the nearest whole number.
For the 2003 review, the American
Egg Board 2002 production data were
reconciled with the 2002 data from
USDA to verify the shifts in production
trends. The review showed the South
Atlantic, East North Central, West North
Central, South Central, and Western
areas are no longer equitably
represented on the Board.
Therefore, the Board submitted a
recommendation to the Secretary in
accordance with section 1250.328(e) of
the Order to redistrict the six areas. The
following changes will be made
accordingly:
STATE COMPOSITION
Current
Revisions
I—North Atlantic
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont,
Virginia, West Virginia, District of Columbia.
None.
II—South Atlantic
Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina,
Tennessee.
Add Arkansas, Louisiana, Mississippi, Oklahoma; Remove Kentucky,
Tennessee.
III—East North Central
Indiana, Michigan, Ohio ............................................................................
Add Kentucky, Missouri, Tennessee; Remove Indiana.
IV—West North Central
Illinois, Iowa, Minnesota, Nebraska, North Dakota, South Dakota, Wisconsin.
Add Colorado, Idaho, Indiana, Montana, Wyoming; Remove Iowa, Nebraska.
V—South Central
Arkansas, Colorado, Kansas, Louisiana, Mississippi, Missouri, New
Mexico, Oklahoma, Texas.
Add Iowa, Nebraska; Remove Arkansas, Colorado, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Texas.
VI—Western
Arizona, California, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming.
The change is based on production in
the redistricted areas and application of
the formula in section 1250.328(d) of
the Order that states that changes to the
Add New Mexico, Texas; Remove Idaho, Montana, Wyoming.
Board shall be accomplished by
determining the percentage of United
States egg production in each area times
18 (total Board membership) and
Reported
cases
rmajette on PROD1PC67 with RULES1
Redistricted area
I—North Atlantic ...............................................................................................
II—South Atlantic .............................................................................................
III—East North Central ....................................................................................
IV—West North Central ...................................................................................
V—South Central .............................................................................................
VI—Western .....................................................................................................
Total U.S. Production ...............................................................................
1 Based
rounding to the nearest whole number,
as follows:
% of total
production
41,440,000
39,900,000
43,980,000
47,670,000
50,100,000
48,400,000
271,490,000
15.26
14.70
16.20
17.56
18.45
17.83
100
on rounding to the nearest whole number [§ 1250.328(d)].
VerDate Aug<31>2005
14:41 Jul 21, 2006
Jkt 208001
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Fmt 4700
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E:\FR\FM\24JYR1.SGM
24JYR1
% of total production
times 18
2.75
2.65
2.92
3.16
3.32
3.21
18.01
Board
membership1
3
3
3
3
3
3
18
Federal Register / Vol. 71, No. 141 / Monday, July 24, 2006 / Rules and Regulations
Area 1–3, Area 2–3, Area 3–3, Area 4–
3, Area 5–3, and Area 6–3. Each member
will have an alternate appointed from
the same area.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because the Board adjustment provided
for in this interim final rule needs to be
effective as soon as possible in order to
complete 2007–2008 Board
appointments.
Dated: July 18, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–11738 Filed 7–21–06; 8:45 am]
List of Subjects in 7 CFR Part 1250
Federal Aviation Administration
Administrative practice and
procedure, Advertising, Agricultural
research, Eggs and egg products,
Reporting and recordkeeping
requirements.
I For the reasons set forth in the
preamble, Title 7, CFR part 1250 is
amended as follows:
[Docket No. FAA–2005–23157; Airspace
Docket No. 05–ANM–15]
Amendment to Class E Airspace;
Kalispell, MT
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
1. The authority citation for part 1250
continues to read as follows:
I
Authority: 7 U.S.C. 2701–2718 and 7
U.S.C. 7401.
2. Section 1250.510 is revised to read
as follows:
I
rmajette on PROD1PC67 with RULES1
§ 1250.510 Determination of Board
Membership.
(a) Pursuant to § 1250.328 (d) and (e)
of the Order, the 48 contiguous States of
the United States shall be grouped into
6 geographic areas, as follows: Area 1
(North Atlantic States)—Connecticut,
Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New
Jersey, New York, Pennsylvania, Rhode
Island, Vermont, Virginia, West
Virginia, and the District of Columbia;
Area 2 (South Atlantic States)—
Alabama, Arkansas, Florida, Georgia,
Louisiana, Mississippi, North Carolina,
Oklahoma, South Carolina; Area 3 (East
North Central States)—Kentucky,
Michigan, Missouri, Ohio, Tennessee;
Area 4 (West North Central States)—
Colorado, Idaho, Illinois, Indiana,
Minnesota, Montana, North Dakota,
South Dakota, Wisconsin, Wyoming;
Area 5 (South Central States)—Iowa,
Kansas, Nebraska; Area 6 (Western
States)—Arizona, California, Nevada,
New Mexico, Oregon, Texas, Utah, and
Washington.
(b) Board representation among the 6
geographic areas is apportioned to
reflect the percentages of United States
egg production in each area times 18
(total Board membership). The
distribution of members of the Board is:
14:41 Jul 21, 2006
Jkt 208001
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
PART 1250—EGG RESEARCH AND
PROMOTION
VerDate Aug<31>2005
BILLING CODE 3410–02–P
SUMMARY: This action revises the Class
E airspace at Kalispell, MT. Additional
controlled airspace is necessary for the
safety of Instrument Flight Rules (IFR)
aircraft executing the published
Instrument Landing System (ILS)
approach procedures to the newly
extended runway at Kalispell/Glacier
Park International Airport, Kalispell,
MT.
DATES: Effective Date: 0901 UTC,
September 28, 2006.
FOR FURTHER INFORMATION CONTACT: Ed
Haeseker, Federal Aviation
Administration, Western En Route and
Oceanic Area Office, Airspace Branch,
1601 Lind Avenue SW., Renton, WA,
98055–4056; telephone (425) 227–2527.
SUPPLEMENTARY INFORMATION:
History
On December 28, 2005, the FAA
published in the Federal Register a
notice of proposed rulemaking to revise
Class E airspace at Kalispell, MT (71 FR
16250). This action would provide
additional controlled airspace for the
safety of IFR aircraft executing the
published ILS approach procedures to
the newly extended runway at
Kalispell/Glacier Park International
Airport, Kalispell, MT. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received.
Class E airspace designations are
published in paragraph 6002 of FAA
Order 7400.9O, effective September 15,
2006, which is incorporated by
reference in 14 CFR 71.1. The Class E
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
41727
airspace designations listed in this
document will be published
subsequently in that Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
revising Class E airspace at Kalispell,
MT. Additional controlled airspace is
necessary for the safety of IFR aircraft
executing the published ILS approach
procedures to the newly extended
runway at Kalispell/Glacier Park
International Airport, Kalispell, MT.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9O,
Airspace Designations and Reporting
Points, updated yearly, effective
September 15, 2006, is amended as
follows:
I
Paragraph 6002—Class E Airspace
Designated As a Surface Area.
*
E:\FR\FM\24JYR1.SGM
*
*
24JYR1
*
*
]]>Agencies
[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Rules and Regulations]
[Pages 41725-41727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11738]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1250
[Docket No. PY-06-001]
Amendment to Egg Research and Promotion Rules and Regulations
AGENCY: Agricultural Marketing Service.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This action will amend the Egg Research and Promotion Rules
and Regulations by changing the State composition of the six geographic
areas on the American Egg Board. The Board approved this change and
requested that the Secretary amend the Rules and Regulations
accordingly. This adjustment is based on changing geographic trends in
egg production and would become effective beginning with the 2007-08
membership term.
DATES: Effective July 25, 2006. Comments must be received by August 23,
2006.
ADDRESSES: Written comments are to be mailed to Angela C. Snyder,
Chief, Research and Promotion, Poultry Programs, AMS, USDA, Stop 0256,
1400 Independence Avenue, SW., Washington, DC 20090-6456; or by fax to
(202) 720-5631. Alternatively, comments may be submitted electronically
to: angie.snyder@usda.gov. Comments may also be submitted
electronically to: AMSPYDockets@usda.gov or https://www.regulations.gov.
State that your comments refer to Docket No. PY-06-001. Comments should
be submitted in duplicate. Comments received may be inspected at this
location between 8 a.m. and 4:30 p.m., Monday through Friday, except
holidays. Comments received also will be made available over the
Internet in the rulemaking section of the AMS Web site https://
www.ams.usda.gov/rulemaking. A copy of this interim final rule may be
found at: https://www.ams.usda.gov/poultry/regulations/rulemaking/
index.htm.
FOR FURTHER INFORMATION CONTACT: Angela C. Snyder, (202) 720-5131.
SUPPLEMENTARY INFORMATION: The Egg Research and Promotion Order (Order)
is issued under the Egg Research and Consumer Information Act (Act), as
amended [7 U.S.C. 2701 et seq.].
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 rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have a retroactive effect.
This rule would not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 14 of the Act, a
person subject to an order may file provisions of such Order or any
obligations imposed in connection with such Order are not in accordance
with law; and requesting a modification of the Order or an exemption
there from. Such person is afforded the opportunity for a hearing on
the petition. After a hearing, the Secretary would rule on the
petition. The Act provides that the district court of the United States
in any district in which such person is an inhabitant, or has his
principal place of business, has jurisdiction to review the Secretary's
ruling on the petition, if a complaint is filed within 20 days after
date of the entry of the ruling.
Regulatory Flexibility Act
The Agricultural Marketing Service has determined that this rule
will not have a significant economic impact on a substantial number of
small entities, as defined by the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). The rule imposes no new burden on the industry but merely
adjusts area distribution to reflect geographic shifts in production
since the last review. In accordance with the provisions of the Act and
section 1250.328 of the Order, the area grouping of the 48 contiguous
States are to be reviewed by the Board at least every 5 years. Based on
the latest review, the Board has recommended adjustment of area
distribution to reflect sustained geographic shifts in egg production.
Total United States table egg production was 76.98 billion in 2005,
representing a 9% increase in exports and continued increases in
domestic per capita consumption.
There are approximately 260 egg producers required to pay
assessments to the Board under the Act. The Act exempts producers
owning less than 75,000 laying hens from paying assessments; therefore,
the nation's smallest producers are exempt from the program. The Small
Business Administration (SBA) [13 CFR 121.201] defines small
agricultural producers as those having receipts of $750,000 or less
annually and small agricultural service firms as those having receipts
of $6.5 million or less annually. None of the 260 producers subject to
the Act are believed to be categorized by the SBA as small agricultural
producers.
Paperwork Reduction Act
Information collection requirements and recordkeeping provisions
contained in 7 CFR part 1250 have been previously approved by the
Office of Management and Budget and assigned OMB Control
[[Page 41726]]
No. 0581-0093 under the Paperwork Reduction Act of 1980.
Background and Proposed Change
The Egg Research and Promotion Order (7 CFR 1250.301--1250.363)
established pursuant to the Egg Research and Consumer Information Act,
as amended (7 U.S.C. 2701 et seq.), provides in section 1250.328(d)
that any changes in representation on the American Egg Board be
determined by the percentage of total U.S. egg production in each of
the six geographic areas. The Board has 18 members, and representation
in each of the 6 areas is based on egg production in the area. The
Order further provides in section 1250.328(e) that the Board or
designated person or agency shall conduct periodic reviews of
production by geographic area at any time, not to exceed 5 years. This
ensures that representation on the Board, insofar as is practicable, is
fair and equal.
During the development process of the Order in 1975, the 48
contiguous States of the United States and the District of Columbia
were divided into 6 geographic areas for purposes of determining
proportionate representation on the Board. The areas corresponded with
those used by the National Agriculture Statistics Service, USDA.
The Order provides in section 1250.328(d) that Board membership in
each area be determined by calculating the percentage of U.S. egg
production in the area, multiplying that total by 18 (total Board
membership), and rounding to the nearest whole number.
For the 2003 review, the American Egg Board 2002 production data
were reconciled with the 2002 data from USDA to verify the shifts in
production trends. The review showed the South Atlantic, East North
Central, West North Central, South Central, and Western areas are no
longer equitably represented on the Board.
Therefore, the Board submitted a recommendation to the Secretary in
accordance with section 1250.328(e) of the Order to redistrict the six
areas. The following changes will be made accordingly:
State Composition
------------------------------------------------------------------------
Current Revisions
------------------------------------------------------------------------
I--North Atlantic
------------------------------------------------------------------------
Connecticut, Delaware, Maine, Maryland, None.
Massachusetts, New Hampshire, New
Jersey, New York, Pennsylvania, Rhode
Island, Vermont, Virginia, West
Virginia, District of Columbia.
------------------------------------------------------------------------
II--South Atlantic
------------------------------------------------------------------------
Alabama, Florida, Georgia, Kentucky, Add Arkansas, Louisiana,
North Carolina, South Carolina, Mississippi, Oklahoma; Remove
Tennessee. Kentucky, Tennessee.
------------------------------------------------------------------------
III--East North Central
------------------------------------------------------------------------
Indiana, Michigan, Ohio................ Add Kentucky, Missouri,
Tennessee; Remove Indiana.
------------------------------------------------------------------------
IV--West North Central
------------------------------------------------------------------------
Illinois, Iowa, Minnesota, Nebraska, Add Colorado, Idaho, Indiana,
North Dakota, South Dakota, Wisconsin. Montana, Wyoming; Remove Iowa,
Nebraska.
------------------------------------------------------------------------
V--South Central
------------------------------------------------------------------------
Arkansas, Colorado, Kansas, Louisiana, Add Iowa, Nebraska; Remove
Mississippi, Missouri, New Mexico, Arkansas, Colorado, Louisiana,
Oklahoma, Texas. Mississippi, Missouri, New
Mexico, Oklahoma, Texas.
------------------------------------------------------------------------
VI--Western
------------------------------------------------------------------------
Arizona, California, Idaho, Montana, Add New Mexico, Texas; Remove
Nevada, Oregon, Utah, Washington, Idaho, Montana, Wyoming.
Wyoming.
------------------------------------------------------------------------
The change is based on production in the redistricted areas and
application of the formula in section 1250.328(d) of the Order that
states that changes to the Board shall be accomplished by determining
the percentage of United States egg production in each area times 18
(total Board membership) and rounding to the nearest whole number, as
follows:
----------------------------------------------------------------------------------------------------------------
% of total
Redistricted area Reported cases % of total production Board
production times 18 membership\1\
----------------------------------------------------------------------------------------------------------------
I--North Atlantic............................... 41,440,000 15.26 2.75 3
II--South Atlantic.............................. 39,900,000 14.70 2.65 3
III--East North Central......................... 43,980,000 16.20 2.92 3
IV--West North Central.......................... 47,670,000 17.56 3.16 3
V--South Central................................ 50,100,000 18.45 3.32 3
VI--Western..................................... 48,400,000 17.83 3.21 3
Total U.S. Production....................... 271,490,000 100 18.01 18
----------------------------------------------------------------------------------------------------------------
\1\ Based on rounding to the nearest whole number [Sec. 1250.328(d)].
[[Page 41727]]
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because the Board adjustment provided for in this interim final rule
needs to be effective as soon as possible in order to complete 2007-
2008 Board appointments.
List of Subjects in 7 CFR Part 1250
Administrative practice and procedure, Advertising, Agricultural
research, Eggs and egg products, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, Title 7, CFR part 1250 is
amended as follows:
PART 1250--EGG RESEARCH AND PROMOTION
0
1. The authority citation for part 1250 continues to read as follows:
Authority: 7 U.S.C. 2701-2718 and 7 U.S.C. 7401.
0
2. Section 1250.510 is revised to read as follows:
Sec. 1250.510 Determination of Board Membership.
(a) Pursuant to Sec. 1250.328 (d) and (e) of the Order, the 48
contiguous States of the United States shall be grouped into 6
geographic areas, as follows: Area 1 (North Atlantic States)--
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia,
West Virginia, and the District of Columbia; Area 2 (South Atlantic
States)--Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi,
North Carolina, Oklahoma, South Carolina; Area 3 (East North Central
States)--Kentucky, Michigan, Missouri, Ohio, Tennessee; Area 4 (West
North Central States)--Colorado, Idaho, Illinois, Indiana, Minnesota,
Montana, North Dakota, South Dakota, Wisconsin, Wyoming; Area 5 (South
Central States)--Iowa, Kansas, Nebraska; Area 6 (Western States)--
Arizona, California, Nevada, New Mexico, Oregon, Texas, Utah, and
Washington.
(b) Board representation among the 6 geographic areas is
apportioned to reflect the percentages of United States egg production
in each area times 18 (total Board membership). The distribution of
members of the Board is:
Area 1-3, Area 2-3, Area 3-3, Area 4-3, Area 5-3, and Area 6-3.
Each member will have an alternate appointed from the same area.
Dated: July 18, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-11738 Filed 7-21-06; 8:45 am]
BILLING CODE 3410-02-P
