Beef Promotion and Research; Reapportionment, 16236-16238 [2014-06174]
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16236
Proposed Rules
Federal Register
Vol. 79, No. 57
Tuesday, March 25, 2014
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.
rule will be included in the record and
will be made available to the public on
the Internet at http://
www.regulations.gov. Also, the identity
of the individuals or entities submitting
the comments will be made public.
FOR FURTHER INFORMATION CONTACT:
Angie Snyder, Research and Promotion
Division, on 202/720–5705, fax 202/
720–1125, or by email at angie.snyder@
ams.usda.gov.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
SUPPLEMENTARY INFORMATION:
[No. AMS–LPS–13–0079]
Executive Order 12866 and Executive
Order 13563
Beef Promotion and Research;
Reapportionment
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
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 as well as cattle and beef
imports that have occurred since the
most recent Board reapportionment rule
became effective in July 2011. These
adjustments are required by the Beef
Promotion and Research Order (Order)
and would result in a decrease in Board
membership from 103 to 99, effective
with the U.S. Department of
Agriculture’s (USDA) appointments for
terms beginning early in the year 2015.
The proposed rule also would make
technical amendments to update and
correct information in the Order and
regulations.
DATES: Written comments must be
received by April 24, 2014.
ADDRESSES: Interested persons are
invited to submit written comments on
the Internet at www.regulations.gov or to
Angie Snyder; Research and Promotion
Division; Livestock, Poultry and Seed
Program; Agricultural Marketing
Service, USDA, Room 2092–S, STOP
0249, 1400 Independence Avenue SW.,
Washington, DC 20250–0249; 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 and will be available
for public inspection at the above office
during regular business hours.
Please be advised that all comments
submitted in response to this proposed
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health, and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. This action has been
designated as a ‘‘non-significant
regulatory action’’ under § 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
(OMB) has waived the review process.
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.
Executive Order 13175
This proposed rule has been reviewed
in accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this proposed rule would not have
substantial and direct effects on Tribal
Governments and would not have
significant tribal implications.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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 2013 publication of
‘‘Farms, Land in Farms, and Livestock
Operations,’’ USDA’s National
Agricultural Statistics Service (NASS)
estimates that the number of operations
in the United States with cattle in 2012
totaled approximately 915,000, down
from 950,000 in 2009. The majority of
these operations that are subject to the
Order may be classified as small
entities. There are approximately 25
importers who import beef or edible
beef products into the United States and
297 importers who import live cattle
into the United States. It is estimated
that the majority of these operations
subject to the Order are considered
small businesses under the criteria
established by the Small Business
Administration (SBA) [13 CFR 121.201].
SBA defines small agricultural service
firms as those having annual receipts of
$7.0 million or less, and small
agricultural producers are defined as
those having annual receipts of less than
$750,000.
The proposed rule imposes no new
burden on the industry. It only adjusts
representation on the Board to reflect
changes in domestic cattle inventory, as
well as cattle and beef imports. The
adjustments are required by the Order
and would result in a decrease in Board
membership from 103 to 99.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
and recordkeeping requirements
imposed under part 1260 were
previously approved under OMB
control number 0581–0093.
Background and Proposed Action
The Board was initially appointed
August 4, 1986, pursuant to the
provisions of the Act (7 U.S.C. 2901–
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
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.
Reapportionment
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 State or 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 § 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.
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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 104 members in
2005; increased to 106 members in
2009; and decreased to 103 members in
2011. This proposal would amend
§ 1260.141(a) by decreasing the number
of Board members from 103 to 99 with
appointments for terms effective early in
2015.
The current Board representation by
States or units was based on an average
of the January 1, 2008, 2009, and 2010
inventory of cattle in the various States
as reported by NASS. Current importer
representation was based on a combined
total average of the 2007, 2008, and
2009 live cattle imports as published by
USDA’s Foreign Agricultural Service
and the average of the 2007, 2008, and
2009 live animal equivalents for
imported beef products.
In considering reapportionment, the
Board reviewed cattle inventories for
the period of January 1, 2011, 2012, and
2013 as well as cattle, beef, and beef
product import data for the period of
January 1, 2010, to January 1, 2012. 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, 2011, 2012, and 2013 cattle
inventory numbers would best reflect
the number of cattle in each State or
unit since publication of the last
reapportionment rule published in 2011
(76 FR 42012). The Board reviewed data
published by the USDA’s Economic
Research Service to determine proper
importer representation. The Board
recommended the use of a combined
total of the average of the 2010, 2011,
and 2012 cattle import data and the
average of the 2010, 2011, and 2012 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. The live animal equivalent
weight was changed in 2006 from 509
pounds to 592 pounds (71 FR 47074).
The Board’s recommended
reapportionment plan would decrease
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
the number of representatives on the
Board from 103 to 99. From the Board’s
analysis of USDA cattle inventories and
import equivalencies, New Mexico
would lose one Board seat and Texas
would lose two Board seats. The
importers would lose one Board seat.
The States and units affected by the
reapportionment plan and the current
and proposed member representation
per unit are as follows:
State/Unit
Current representation
Revised
representation
2
14
7
1
12
6
New Mexico ......
Texas ................
Importers ...........
The Board reapportionment as
proposed by this rulemaking would be
effective, if adopted, with appointments
that will be effective early in the year
2015.
Technical Amendments
A number of technical amendments
are being proposed to update or correct
information contained in the provisions
of the Order and regulations. These
include:
Section 1260.129 references the U.S.
Customs Service of the U.S. Department
of the Treasury. The language would be
updated to reflect the updated agency
and department.
Section 1260.312(4)(c) would be
amended to update an outdated address.
Section 1260.316 would be updated to
reflect the correct OMB paperwork
reduction number.
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 and to allow for the annual
nomination and appointment process
for the Board appointments that will be
effective early in the year 2015.
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:
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Proposed Rules
PART 1260—BEEF PROMOTION AND
RESEARCH
1. The authority citation for 7 CFR
part 1260 continues to read as follows:
CATTLE AND CALVES 1—Continued
State/Unit
■
Authority: 7 U.S.C. 2901–2911 and 7
U.S.C. 7401.
2. Revise § 1260.129 to read as
follows:
■
§ 1260.129
Customs Service.
Customs Service means the United
States Customs and Border Protection of
the United States Department of
Homeland Security.
■ 3. In § 1260.141, paragraph (a) is
revised to read as follows:
§ 1260.141
Membership of Board.
(a) Beginning with the 2014 Board
nominations and the associated
appointments effective early in the year
2015, the United States shall be divided
into 37 geographical units and, 1 unit
representing importers, for a total of 38
units. The number of Board members
from each unit shall be as follows:
CATTLE AND CALVES 1
tkelley on DSK3SPTVN1PROD with PROPOSALS
State/Unit
(1,000
Head)
Directors
1. Arizona .................
2. Arkansas ...............
3. Colorado ...............
4. Florida ...................
5. Idaho .....................
6. Illinois ....................
7. Indiana ..................
8. Iowa ......................
9. Kansas ..................
10. Kentucky .............
11. Louisiana ............
12. Michigan .............
13. Minnesota ...........
14. Mississippi ..........
15. Missouri ..............
16. Montana ..............
17. Nebraska ............
18. New Mexico ........
19. New York ............
20. North Carolina ....
21. North Dakota ......
22. Ohio ....................
23. Oklahoma ...........
24. Oregon ................
25. Pennsylvania ......
26. South Dakota ......
27. Tennessee ..........
28. Texas ..................
29. Utah ....................
30. Virginia ................
31. Wisconsin ...........
32. Wyoming .............
33. Northwest:
Alaska ...................
Hawaii ...................
Washington ...........
897
1,663
2,667
1,667
2,270
1,097
840
3,883
6,083
2,193
787
1,107
2,377
920
3,833
2,533
6,317
1,423
1,403
810
1,727
1,247
4,600
1,303
1,610
3,733
1,930
12,167
790
1,547
3,433
1,317
................
13
138
1,117
1
2
3
2
2
1
1
4
6
2
1
1
2
1
4
3
6
1
1
1
2
1
5
1
2
4
2
12
1
2
3
1
1
................
................
................
Total ...................
34. Northeast
Connecticut ...........
1,267
................
49
................
1
................
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18:31 Mar 24, 2014
Jkt 232001
(1,000
Head)
Directors
Delaware ...............
Maine ....................
Massachusetts ......
New Hampshire ....
New Jersey ...........
Rhode Island .........
Vermont .................
18
87
40
34
31
5
267
................
................
................
................
................
................
................
Total ...................
35. Mid-Atlantic:
Maryland ...............
West Virginia .........
531
................
196
390
................
1
................
................
Total ...................
36. Southeast:
Alabama ................
Georgia .................
South Carolina ......
586
................
1,220
1,023
370
................
3
................
................
................
Dated: March 6, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–06174 Filed 3–24–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 810
RIN 1994–AA02
Assistance to Foreign Atomic Energy
Activities
National Nuclear Security
Administration (NNSA), Department of
Energy (DOE).
ACTION: Notice of re-opening of the
comment period.
AGENCY:
On August 2, 2013, DOE
published a supplemental notice of
proposed rulemaking (SNOPR)
concerning its regulations governing
Assistance to Foreign Atomic Energy
Total ...................
5,747 ................
38. Importer 2 ............
5,927
6 Activities. The comment period on the
SNOPR was originally to close on
1 2011, 2012, and 2013 average of January
October 31, 2013, but was extended
1 cattle inventory data.
until November 30, 2013. By this notice,
2 2010, 2011, and 2012 average of annual
DOE is re-opening the comment period
import data.
on the SNOPR. The comment period
*
*
*
*
*
will close on April 2, 2014. The re■ 4. In § 1260.312, paragraph (c) is
opening of the comment period will
revised to read as follows:
provide for additional time for the
public to review and comment on the
§ 1260.312 Remittance to the Cattlemen’s
proposed regulation and other
Board or Qualified State Beef Council.
comments received. The Department
*
*
*
*
*
(c) Remittances. The remitting person looks forward to hearing feedback from
the public on the proposed regulations.
shall remit all assessments to the
DATES: The supplemental notice of
qualified State beef council or its
proposed rulemaking published August
designee, or, if there is no qualified
2, 2013 (78 FR 46829), is reopened. DOE
State beef council, to the Cattlemen’s
will accept written comments submitted
Board at P.O. Box 803834, Kansas City,
electronically or postmarked on or
MO 64180–3834, with the report
before April 2, 2014.
required in paragraph (a) of this section
ADDRESSES: Interested persons may
not later than the 15th day of the
following month. All remittances sent to submit comments on the SNOPR,
identified by RIN 1994–AA02, by any of
a qualified State beef council or the
the following methods:
Cattlemen’s Board by the remitting
1. Federal Rulemaking Portal: http://
persons shall be by check or money
www.regulations.gov/
order payable to the order of the
#!docketDetail;D=DOE-HQ-2011-0035 .
qualified State beef council or the
Cattlemen’s Board. All remittances shall Follow the instructions for submitting
comments.
be received subject to collection and
2. Email: Part810.SNOPR@hq.doe.gov.
payment at par.
Include RIN 1994–AA02 in the subject
■ 5. Section 1260.316 is revised to read
line of the message.
as follows:
3. Mail: Richard Goorevich, Senior
§ 1260.316 Paperwork Reduction Act
Policy Advisor, Office of
assigned number.
Nonproliferation and International
The information collection and
Security, NA–24, National Nuclear
recordkeeping requirements contained
Security Administration, Department of
in this part have been approved by the
Energy, 1000 Independence Avenue
Office of Management and Budget
SW., Washington, DC 20585.
(OMB) under the provisions of 44 U.S.C.
Due to potential delays in DOE’s
Chapter 35 and have been assigned
receipt and processing of mail sent
OMB control number 0581–0093.
through the U.S. Postal Service, DOE
Total ...................
37. Southwest:
California ...............
Nevada ..................
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Frm 00003
Fmt 4702
2,613
................
5,283
463
Sfmt 4702
................
6
................
................
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Proposed Rules]
[Pages 16236-16238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06174]
========================================================================
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. 79, No. 57 / Tuesday, March 25, 2014 /
Proposed Rules
[[Page 16236]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[No. AMS-LPS-13-0079]
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 as well as cattle and beef imports that
have occurred since the most recent Board reapportionment rule became
effective in July 2011. These adjustments are required by the Beef
Promotion and Research Order (Order) and would result in a decrease in
Board membership from 103 to 99, effective with the U.S. Department of
Agriculture's (USDA) appointments for terms beginning early in the year
2015. The proposed rule also would make technical amendments to update
and correct information in the Order and regulations.
DATES: Written comments must be received by April 24, 2014.
ADDRESSES: Interested persons are invited to submit written comments on
the Internet at www.regulations.gov or to Angie Snyder; Research and
Promotion Division; Livestock, Poultry and Seed Program; Agricultural
Marketing Service, USDA, Room 2092-S, STOP 0249, 1400 Independence
Avenue SW., Washington, DC 20250-0249; 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 and will be available for
public inspection at the above office during regular business hours.
Please be advised that all comments submitted in response to this
proposed rule will be included in the record and will be made available
to the public on the Internet at http://www.regulations.gov. Also, the
identity of the individuals or entities submitting the comments will be
made public.
FOR FURTHER INFORMATION CONTACT: Angie Snyder, Research and Promotion
Division, on 202/720-5705, fax 202/720-1125, or by email at
angie.snyder@ams.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health, and safety effects, distributive impacts and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This action has been designated as a ``non-significant regulatory
action'' under Sec. 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget (OMB) has waived the review process.
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.
Executive Order 13175
This proposed rule has been reviewed in accordance with the
requirements of Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments. The review reveals that this proposed
rule would not have substantial and direct effects on Tribal
Governments and would not have significant tribal implications.
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 2013 publication of ``Farms, Land in Farms, and
Livestock Operations,'' USDA's National Agricultural Statistics Service
(NASS) estimates that the number of operations in the United States
with cattle in 2012 totaled approximately 915,000, down from 950,000 in
2009. The majority of these operations that are subject to the Order
may be classified as small entities. There are approximately 25
importers who import beef or edible beef products into the United
States and 297 importers who import live cattle into the United States.
It is estimated that the majority of these operations subject to the
Order are considered small businesses under the criteria established by
the Small Business Administration (SBA) [13 CFR 121.201]. SBA defines
small agricultural service firms as those having annual receipts of
$7.0 million or less, and small agricultural producers are defined as
those having annual receipts of less than $750,000.
The proposed rule imposes no new burden on the industry. It only
adjusts representation on the Board to reflect changes in domestic
cattle inventory, as well as cattle and beef imports. The adjustments
are required by the Order and would result in a decrease in Board
membership from 103 to 99.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection and recordkeeping requirements
imposed under part 1260 were previously approved under OMB control
number 0581-0093.
Background and Proposed Action
The Board was initially appointed August 4, 1986, pursuant to the
provisions of the Act (7 U.S.C. 2901-
[[Page 16237]]
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.
Reapportionment
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 State or 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.
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 104 members in 2005; increased to 106 members in 2009; and
decreased to 103 members in 2011. This proposal would amend Sec.
1260.141(a) by decreasing the number of Board members from 103 to 99
with appointments for terms effective early in 2015.
The current Board representation by States or units was based on an
average of the January 1, 2008, 2009, and 2010 inventory of cattle in
the various States as reported by NASS. Current importer representation
was based on a combined total average of the 2007, 2008, and 2009 live
cattle imports as published by USDA's Foreign Agricultural Service and
the average of the 2007, 2008, and 2009 live animal equivalents for
imported beef products.
In considering reapportionment, the Board reviewed cattle
inventories for the period of January 1, 2011, 2012, and 2013 as well
as cattle, beef, and beef product import data for the period of January
1, 2010, to January 1, 2012. 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, 2011, 2012, and
2013 cattle inventory numbers would best reflect the number of cattle
in each State or unit since publication of the last reapportionment
rule published in 2011 (76 FR 42012). The Board reviewed data published
by the USDA's Economic Research Service to determine proper importer
representation. The Board recommended the use of a combined total of
the average of the 2010, 2011, and 2012 cattle import data and the
average of the 2010, 2011, and 2012 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. The live animal equivalent weight was
changed in 2006 from 509 pounds to 592 pounds (71 FR 47074).
The Board's recommended reapportionment plan would decrease the
number of representatives on the Board from 103 to 99. From the Board's
analysis of USDA cattle inventories and import equivalencies, New
Mexico would lose one Board seat and Texas would lose two Board seats.
The importers would lose one Board seat.
The States and units affected by the reapportionment plan and the
current and proposed member representation per unit are as follows:
------------------------------------------------------------------------
Current Revised
State/Unit representation representation
------------------------------------------------------------------------
New Mexico.............................. 2 1
Texas................................... 14 12
Importers............................... 7 6
------------------------------------------------------------------------
The Board reapportionment as proposed by this rulemaking would be
effective, if adopted, with appointments that will be effective early
in the year 2015.
Technical Amendments
A number of technical amendments are being proposed to update or
correct information contained in the provisions of the Order and
regulations. These include:
Section 1260.129 references the U.S. Customs Service of the U.S.
Department of the Treasury. The language would be updated to reflect
the updated agency and department.
Section 1260.312(4)(c) would be amended to update an outdated
address.
Section 1260.316 would be updated to reflect the correct OMB
paperwork reduction number.
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 and to allow for the annual nomination and appointment process
for the Board appointments that will be effective early in the year
2015.
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:
[[Page 16238]]
PART 1260--BEEF PROMOTION AND RESEARCH
0
1. The authority citation for 7 CFR part 1260 continues to read as
follows:
Authority: 7 U.S.C. 2901-2911 and 7 U.S.C. 7401.
0
2. Revise Sec. 1260.129 to read as follows:
Sec. 1260.129 Customs Service.
Customs Service means the United States Customs and Border
Protection of the United States Department of Homeland Security.
0
3. In Sec. 1260.141, paragraph (a) is revised to read as follows:
Sec. 1260.141 Membership of Board.
(a) Beginning with the 2014 Board nominations and the associated
appointments effective early in the year 2015, the United States shall
be divided into 37 geographical units and, 1 unit representing
importers, for a total of 38 units. The number of Board members from
each unit shall be as follows:
Cattle and Calves \1\
------------------------------------------------------------------------
(1,000
State/Unit Head) Directors
------------------------------------------------------------------------
1. Arizona........................................ 897 1
2. Arkansas....................................... 1,663 2
3. Colorado....................................... 2,667 3
4. Florida........................................ 1,667 2
5. Idaho.......................................... 2,270 2
6. Illinois....................................... 1,097 1
7. Indiana........................................ 840 1
8. Iowa........................................... 3,883 4
9. Kansas......................................... 6,083 6
10. Kentucky...................................... 2,193 2
11. Louisiana..................................... 787 1
12. Michigan...................................... 1,107 1
13. Minnesota..................................... 2,377 2
14. Mississippi................................... 920 1
15. Missouri...................................... 3,833 4
16. Montana....................................... 2,533 3
17. Nebraska...................................... 6,317 6
18. New Mexico.................................... 1,423 1
19. New York...................................... 1,403 1
20. North Carolina................................ 810 1
21. North Dakota.................................. 1,727 2
22. Ohio.......................................... 1,247 1
23. Oklahoma...................................... 4,600 5
24. Oregon........................................ 1,303 1
25. Pennsylvania.................................. 1,610 2
26. South Dakota.................................. 3,733 4
27. Tennessee..................................... 1,930 2
28. Texas......................................... 12,167 12
29. Utah.......................................... 790 1
30. Virginia...................................... 1,547 2
31. Wisconsin..................................... 3,433 3
32. Wyoming....................................... 1,317 1
33. Northwest: ......... 1
Alaska.......................................... 13 .........
Hawaii.......................................... 138 .........
Washington...................................... 1,117 .........
---------------------
Total......................................... 1,267 .........
34. Northeast ......... 1
Connecticut..................................... 49 .........
Delaware........................................ 18 .........
Maine........................................... 87 .........
Massachusetts................................... 40 .........
New Hampshire................................... 34 .........
New Jersey...................................... 31 .........
Rhode Island.................................... 5 .........
Vermont......................................... 267 .........
---------------------
Total......................................... 531 .........
35. Mid-Atlantic: ......... 1
Maryland........................................ 196 .........
West Virginia................................... 390 .........
---------------------
Total......................................... 586 .........
36. Southeast: ......... 3
Alabama......................................... 1,220 .........
Georgia......................................... 1,023 .........
South Carolina.................................. 370 .........
---------------------
Total......................................... 2,613 .........
37. Southwest: ......... 6
California...................................... 5,283 .........
Nevada.......................................... 463 .........
---------------------
Total......................................... 5,747 .........
38. Importer \2\.................................. 5,927 6
------------------------------------------------------------------------
\1\ 2011, 2012, and 2013 average of January 1 cattle inventory data.
\2\ 2010, 2011, and 2012 average of annual import data.
* * * * *
0
4. In Sec. 1260.312, paragraph (c) is revised to read as follows:
Sec. 1260.312 Remittance to the Cattlemen's Board or Qualified State
Beef Council.
* * * * *
(c) Remittances. The remitting person shall remit all assessments
to the qualified State beef council or its designee, or, if there is no
qualified State beef council, to the Cattlemen's Board at P.O. Box
803834, Kansas City, MO 64180-3834, with the report required in
paragraph (a) of this section not later than the 15th day of the
following month. All remittances sent to a qualified State beef council
or the Cattlemen's Board by the remitting persons shall be by check or
money order payable to the order of the qualified State beef council or
the Cattlemen's Board. All remittances shall be received subject to
collection and payment at par.
0
5. Section 1260.316 is revised to read as follows:
Sec. 1260.316 Paperwork Reduction Act assigned number.
The information collection and recordkeeping requirements contained
in this part have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been
assigned OMB control number 0581-0093.
Dated: March 6, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-06174 Filed 3-24-14; 8:45 am]
BILLING CODE 3410-02-P
