Beef Promotion and Research; Reapportionment, 46961-46964 [2014-19029]
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46961
Rules and Regulations
Federal Register
Vol. 79, No. 155
Tuesday, August 12, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[No. AMS–LPS–13–0079]
Beef Promotion and Research;
Reapportionment
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This 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 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 result in a
decrease in Board membership from 103
to 100, effective with the U.S.
Department of Agriculture’s (USDA)
appointments for terms beginning early
in the year 2015. The rule also makes
technical amendments to update and
correct information in the Order and
regulations.
SUMMARY:
DATES:
Effective August 13, 2014.
FOR FURTHER INFORMATION CONTACT:
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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
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(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 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 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 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 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
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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 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 changes in cattle and beef
imports. The adjustments are required
by the Order and result in a decrease in
Board membership from 103 to 100.
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
The Board was initially appointed
August 4, 1986, pursuant to the
provisions of the Act (7 U.S.C. 2901–
2911) and the Order issued thereunder.
Domestic representation on the Board is
based on cattle inventory numbers, and
importer representation is based on the
conversion of the volume of imported
cattle, beef, or beef products into live
animal equivalencies.
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
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46962
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations
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
USDA 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.
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 amends
§ 1260.141(a) by decreasing the number
of Board members from 103 to 100 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
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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 December 31, 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 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).
As discussed in the proposed rule, the
Board’s recommended reapportionment
plan would have decreased the number
of representatives on the Board from 103
to 99. Based on the Board’s
recommendation, New Mexico would
lose one Board seat and Texas would
lose two Board seats. The Importer Unit
loses one Board seat. This final rule,
however, results in Texas losing one
Board seat.
The States and units affected by the
reapportionment plan and the current
and revised representation per unit are
as follows:
Section 1260.312(4)(c) has been
amended to update an outdated address.
Section 1260.316 has been amended
to reflect the correct OMB paperwork
reduction number.
Comments
USDA published the proposed rule
for public comment in the March 25,
2014, Federal Register [79 FR 16236].
The comment period ended April 24,
2014. USDA received two comments by
the deadline. One comment from an
individual was outside the scope of the
rulemaking.
Another comment, submitted jointly
by eight Texas cattle, dairy, and farm
associations, was against Texas losing
two member positions because the 3year average reflects a loss of cattle
numbers due to a severe drought. With
many regions of the State beginning to
return to more normal precipitation and
pasture conditions, the commenters
argued, plus record cattle prices
encouraging heifer retention and herd
rebuilding, cattle numbers in Texas will
increase in the next 1 or 2 years.
In response, USDA agrees that the
drought and other factors affected cattle
inventory across the country but in
Texas in particular. In addition, based
upon available information USDA has
concluded that Texas cattle herds will
increase due to beneficial
environmental and economic
conditions. In addition, reports indicate
that cattle will be moving into Texas
from other States. Therefore, by the time
the Board is seated in February 2015
when this reapportionment would
actually take effect, cattle numbers in
Texas should increase to a level to
warrant the loss of only one Board
member position in Texas rather than
Revised
Current rep- representa- two as proposed. As a result, USDA is
State/unit
decreasing the number of Board
resentation
tion
members in Texas to 13 rather than 12,
New Mexico ......
2
1 as proposed.
Pursuant to 5 U.S.C. 553, it is found
Texas ................
14
13
Importers ...........
7
6 that good cause exists for not
postponing the effective date of this
action until 30 days after the
The Board reapportionment takes
publication in the Federal Register
effect with appointments that will be
made to fill positions beginning January because this action needs to be in effect
as soon as possible to allow sufficient
1, 2015.
time for completion of the nomination
Technical Amendments
process and appointments for the term
of office beginning February 2015.
A number of technical amendments
are being made to update or correct
List of Subjects in 7 CFR Part 1260
information contained in the provisions
Administrative practice and
of the Order and regulations. These
procedure, Advertising, Agricultural
include:
research, Imports, Marketing agreement,
Section 1260.129 references the U.S.
Customs Service of the U.S. Department Meat and meat products, Reporting and
recordkeeping requirements.
of the Treasury. The language has been
amended to reflect the updated agency
For reasons set forth in the preamble,
and department.
7 CFR part 1260 is amended as follows:
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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations
PART 1260—BEEF PROMOTION AND
RESEARCH
1. The authority citation for 7 CFR
part 1260 continues to read as follows:
■
Authority: 7 U.S.C. 2901–2911 and 7
U.S.C. 7401.
2. Revise § 1260.129 to read as
follows:
■
§ 1260.129
Customs Service.
§ 1260.141
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:
■
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
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State/Unit
(1,000 head)
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 .......................................................................................................................................................
Total ...........................................................................................................................................................
34. Northeast ...........................................................................................................................................................
Connecticut .......................................................................................................................................................
Delaware ...........................................................................................................................................................
Maine ................................................................................................................................................................
Massachusetts ..................................................................................................................................................
New Hampshire ................................................................................................................................................
New Jersey .......................................................................................................................................................
Rhode Island ....................................................................................................................................................
Vermont ............................................................................................................................................................
Total ...........................................................................................................................................................
35. Mid-Atlantic ........................................................................................................................................................
Maryland ...........................................................................................................................................................
West Virginia ....................................................................................................................................................
Total ...........................................................................................................................................................
36. Southeast ...........................................................................................................................................................
Alabama ............................................................................................................................................................
Georgia .............................................................................................................................................................
South Carolina ..................................................................................................................................................
Total ...........................................................................................................................................................
37. Southwest ..........................................................................................................................................................
California ...........................................................................................................................................................
Nevada .............................................................................................................................................................
Total ...........................................................................................................................................................
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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
Directors
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
13
1
2
3
1
1
13
138
1,117
1,267
1
49
18
87
40
34
31
5
267
531
1
196
390
586
3
1,220
1,023
370
2,613
6
5,283
463
5,747
46964
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations
CATTLE AND CALVES 1—Continued
State/Unit
(1,000 head)
38. Importer 2 ...........................................................................................................................................................
Directors
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.
*
*
*
*
*
DEPARTMENT OF TRANSPORTATION
4. In § 1260.312, paragraph (c) is
revised to read as follows:
Federal Aviation Administration
§ 1260.312 Remittance to the Cattlemen’s
Board or Qualified State Beef Council.
14 CFR Part 13
■
*
*
*
*
*
(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.
5. Section 1260.316 is revised to read
as follows:
■
§ 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: August 7, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–19029 Filed 8–11–14; 8:45 am]
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BILLING CODE P
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[Docket No.: FAA–2014–0505; Amdt. No.
13–36]
RIN 2120–AK43
Orders of Compliance, Cease and
Desist Orders, Orders of Denial, and
Other Orders
Federal Aviation
Administration (FAA), DOT.
ACTION: Immediate final rule; request for
comments.
AGENCY:
This rulemaking provides the
opportunity for an informal conference
with an FAA attorney before an order is
issued under the FAA’s regulation
covering orders other than certificate
action and civil penalty orders. This
change is necessary to provide
additional fairness and process to those
persons who are subject to such an
order, and is consistent with the process
available in other enforcement actions.
These conferences may result in either
a resolution of the matter or a narrowing
of the issues, thereby conserving
resources for respondents and the FAA.
DATES: Effective October 14, 2014.
Submit comments on or before
September 11, 2014.
ADDRESSES: Send comments identified
by docket number, FAA–2014–0505
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
SUMMARY:
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public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
technical or legal questions concerning
this action, contact Edmund Averman,
Office of the Chief Counsel (AGC–210),
Federal Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–3147; email Ed.Averman@faa.gov.
SUPPLEMENTARY INFORMATION:
Good Cause for Immediate Adoption
Section 553(b)(3)(A) of the
Administrative Procedure Act (APA) (5
U.S.C. 553) authorizes agencies to
dispense with notice and comment
procedures for rules when the agency
for ‘‘good cause’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without seeking comment
prior to the rulemaking.
The FAA finds that notice and public
comment to this immediately adopted
final rule are impracticable,
unnecessary, and contrary to the public
interest. This rulemaking provides the
opportunity for an informal conference
with an FAA attorney before an order is
issued under § 13.20. Since this change
provides additional fairness and process
to those persons who are subject to such
an order, this amendment should not
adversely impact those covered by an
order. In fact, these conferences may
result in a resolution of the matter or, in
some cases, a narrowing of the issues,
thereby conserving resources for
respondents and the FAA. Finally, these
conferences are optional.
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]]>Agencies
[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Rules and Regulations]
[Pages 46961-46964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19029]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 /
Rules and Regulations
[[Page 46961]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This 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 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 result in a decrease in Board membership from 103 to
100, effective with the U.S. Department of Agriculture's (USDA)
appointments for terms beginning early in the year 2015. The rule also
makes technical amendments to update and correct information in the
Order and regulations.
DATES: Effective August 13, 2014.
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 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 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 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 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 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 changes in cattle and beef imports. The
adjustments are required by the Order and result in a decrease in Board
membership from 103 to 100.
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
The Board was initially appointed August 4, 1986, pursuant to the
provisions of the Act (7 U.S.C. 2901-2911) and the Order issued
thereunder. Domestic representation on the Board is based on cattle
inventory numbers, and importer representation is based on the
conversion of the volume of imported cattle, beef, or beef products
into live animal equivalencies.
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
[[Page 46962]]
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 USDA 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 amends Sec.
1260.141(a) by decreasing the number of Board members from 103 to 100
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 December 31, 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 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).
As discussed in the proposed rule, the Board's recommended
reapportionment plan would have decreased the number of representatives
on the Board from 103 to 99. Based on the Board's recommendation, New
Mexico would lose one Board seat and Texas would lose two Board seats.
The Importer Unit loses one Board seat. This final rule, however,
results in Texas losing one Board seat.
The States and units affected by the reapportionment plan and the
current and revised representation per unit are as follows:
------------------------------------------------------------------------
Current Revised
State/unit representation representation
------------------------------------------------------------------------
New Mexico.............................. 2 1
Texas................................... 14 13
Importers............................... 7 6
------------------------------------------------------------------------
The Board reapportionment takes effect with appointments that will
be made to fill positions beginning January 1, 2015.
Technical Amendments
A number of technical amendments are being made 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 has been amended to reflect
the updated agency and department.
Section 1260.312(4)(c) has been amended to update an outdated
address.
Section 1260.316 has been amended to reflect the correct OMB
paperwork reduction number.
Comments
USDA published the proposed rule for public comment in the March
25, 2014, Federal Register [79 FR 16236]. The comment period ended
April 24, 2014. USDA received two comments by the deadline. One comment
from an individual was outside the scope of the rulemaking.
Another comment, submitted jointly by eight Texas cattle, dairy,
and farm associations, was against Texas losing two member positions
because the 3-year average reflects a loss of cattle numbers due to a
severe drought. With many regions of the State beginning to return to
more normal precipitation and pasture conditions, the commenters
argued, plus record cattle prices encouraging heifer retention and herd
rebuilding, cattle numbers in Texas will increase in the next 1 or 2
years.
In response, USDA agrees that the drought and other factors
affected cattle inventory across the country but in Texas in
particular. In addition, based upon available information USDA has
concluded that Texas cattle herds will increase due to beneficial
environmental and economic conditions. In addition, reports indicate
that cattle will be moving into Texas from other States. Therefore, by
the time the Board is seated in February 2015 when this reapportionment
would actually take effect, cattle numbers in Texas should increase to
a level to warrant the loss of only one Board member position in Texas
rather than two as proposed. As a result, USDA is decreasing the number
of Board members in Texas to 13 rather than 12, as proposed.
Pursuant to 5 U.S.C. 553, it is found that good cause exists for
not postponing the effective date of this action until 30 days after
the publication in the Federal Register because this action needs to be
in effect as soon as possible to allow sufficient time for completion
of the nomination process and appointments for the term of office
beginning February 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, 7 CFR part 1260 is amended
as follows:
[[Page 46963]]
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\
------------------------------------------------------------------------
State/Unit (1,000 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 13
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
[[Page 46964]]
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: August 7, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-19029 Filed 8-11-14; 8:45 am]
BILLING CODE P
