[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Proposed Rules]
[Pages 16236-16238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06174]
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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.
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Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 /
Proposed Rules
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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.
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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
[email protected].
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:
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Current Revised
State/Unit representation representation
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New Mexico.............................. 2 1
Texas................................... 14 12
Importers............................... 7 6
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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
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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\
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(1,000
State/Unit Head) Directors
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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 .........
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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 .........
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Total......................................... 531 .........
35. Mid-Atlantic: ......... 1
Maryland........................................ 196 .........
West Virginia................................... 390 .........
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Total......................................... 586 .........
36. Southeast: ......... 3
Alabama......................................... 1,220 .........
Georgia......................................... 1,023 .........
South Carolina.................................. 370 .........
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Total......................................... 2,613 .........
37. Southwest: ......... 6
California...................................... 5,283 .........
Nevada.......................................... 463 .........
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Total......................................... 5,747 .........
38. Importer \2\.................................. 5,927 6
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\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