80 FR 63909 - Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 204 (October 22, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 204 (October 22, 2015)
| Page Range | 63909-63910 | |
| FR Document | 2015-26952 |
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)] [Rules and Regulations] [Pages 63909-63910] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26952] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1220 [Doc. No. AMS-LPS-15-0016] Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule adjusts the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was last reapportioned in 2012. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership on the Board is reviewed every 3 years and adjustments are made accordingly. This change will result in an increase in Board membership for three States, resulting in an increase in the total number of Board members from 70 to 73. These changes will be reflected in the Soybean Promotion and Research Order (Order) and will be effective for the 2016 appointment process. DATES: Effective Date: October 23, 2015. FOR FURTHER INFORMATION CONTACT: James Brow; Research and Promotion Division, Livestock, Poultry, and Seed Program, Agricultural Marketing Service (AMS), USDA, Room 2096-S, STOP 0249, 1400 Independence Avenue SW., Washington, DC 20250-0249, telephone 202-720-0633, fax 202-720- 1125, or email: [email protected]. SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This final rule was reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have a retroactive effect. This action would not preempt any State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 1971 of the Act, a person subject to the Order may file a petition with the U.S. Department of Agriculture (USDA) stating that the Order, any provision of the Order, or any obligation imposed in connection with the Order, is not in accordance with the law and request a modification of the Order or an exemption from the Order. The petitioner is afforded the opportunity for a hearing on the petition. After a hearing, USDA would rule on the petition. The Act provides that district courts of the United States in any district in which such person is an inhabitant, or has their principal place of business, has jurisdiction to review USDA's ruling on the petition, if a complaint for this purpose is filed within 20 days after the date of the entry of the ruling. Regulatory Flexibility Act AMS has determined that this rule will not have a significant economic impact on a substantial number of small entities, as defined by the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), because it only adjusts representation on the Board to reflect changes in production levels that have occurred since the Board was last reapportioned in 2012. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. As such, these changes will not impose a significant impact on persons subject to the program. There are an estimated 569,998 soybean producers and an estimated 10,000 first purchasers who collect the assessment, most of whom would be considered small businesses under the criteria established by the Small Business Administration (SBA) [13 CFR 121.201]. SBA defines small agricultural producers as those having annual receipts of less than $750,000. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the reporting and recordkeeping requirements included in 7 CFR part 1220 were previously approved by OMB and were assigned control number 0581-0093. Background and Proposed Changes The Act (7 U.S.C. 6301-6311) provides for the establishment of a coordinated program of promotion and research designed to strengthen the soybean industry's position in the marketplace, and to maintain and expand domestic and foreign markets and uses for soybeans and soybean products. The program is financed by an assessment of 0.5 percent of the net market price of soybeans sold by producers. Pursuant to the Act, an Order was made effective July 9, 1991. The Order established an initial Board with 60 members. For purposes of establishing the Board, the United States was divided into 31 States and geographical units. Representation on the Board from each unit was determined by the level of production in each unit. The initial Board was appointed on July 11, 1991. The Board is comprised of soybean producers. Section 1220.201(c) of the Order provides that at the end of each 3-year period, the Board shall review soybean production levels in the geographic units throughout the United States. The Board may recommend to the Secretary of Agriculture (Secretary) modification in the levels of production necessary for Board membership for each unit. Section 1220.201(d) of the Order provides that at the end of each 3-year [[Page 63910]] period, the Secretary must review the volume of production of each unit and adjust the boundaries of any unit and the number of Board members from each such unit as necessary to conform with the criteria set forth in Sec. 1220.201(e): (1) To the extent practicable, States with annual average soybean production of less than 3,000,000 bushels shall be grouped into geographically contiguous units, each of which has a combined production level equal to or greater than 3,000,000 bushels, and each such group shall be entitled to at least one member on the Board; (2) units with at least 3,000,000 bushels, but fewer than 15,000,000 bushels shall be entitled to one board member; (3) units with 15,000,000 bushels or more but fewer than 70,000,000 bushels shall be entitled to two Board members; (4) units with 70,000,000 bushels or more but fewer than 200,000,000 bushels shall be entitled to three Board members; and (5) units with 200,000,000 bushels or more shall be entitled to four Board members. The Board was last reapportioned in 2012. The total Board membership increased from 69 to 70 members, with Mississippi gaining one additional member. The final rule was published in the Federal Register (74 FR 27467) on January 2, 2013. This change was effective with the 2013 appointments. Currently, the Board has 70 members representing 31 geographical units. This membership is based on average production levels for the years 2007-2011 (excluding crops in years that production was the highest and production was the lowest) as reported by USDA's National Agricultural Statistics Service (NASS). This final rule increases total membership on the Board from 70 to 73. Production data for the years 2010-2014 (excluding the crops in years in which production was the highest and in which production was the lowest) was gathered from NASS. This change will not affect the number of geographical units. The NASS information combines the production from the Western and Eastern Regions into one production data without distinguishing between the two regions. The NASS data does not support a change in membership for either region. As such, this final rule will leave the membership of both regions unchanged with one member each. This final rule adjusts representation on the Board as follows: ------------------------------------------------------------------------ Current New State representation representation ------------------------------------------------------------------------ Missouri............................ 3 4 New Jersey.......................... 0 1 Wisconsin........................... 2 3 ------------------------------------------------------------------------ Board adjustments will become effective with the 2016 appointment process. Comments A proposed rule was published in the Federal Register (80 FR 34325) on June 16, 2015, with a 60-day comment period. USDA received no comments. During the drafting of this final rule, AMS found a typographical error in the table titled ``Sec. 1220.201 Membership of board'' as presented in the proposed rule. The table showed the State of Georgia with two representatives on the Board. Based on production, Georgia is currently entitled to one member. As a result, AMS has corrected the table in this final rule to reflect Georgia with one member rather than two. This correction does not impact the makeup of the Board or this reapportionment. List of Subjects in 7 CFR Part 1220 Administrative practice and procedure, Advertising, Agricultural research, Marketing agreements, Soybeans and soybean products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, Title 7, part 1220 is amended as follows: PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION 0 1. The authority citation for 7 CFR part 1220 continues to read as follows: Authority: 7 U.S.C. 6301-6311 and 7 U.S.C. 7401. 0 2. In Sec. 1220.201, the table immediately following paragraph (a) is revised to read as follows: Sec. 1220.201 Membership of Board. * * * * * ------------------------------------------------------------------------ Number of Unit members ------------------------------------------------------------------------ Illinois..................................................... 4 Iowa......................................................... 4 Minnesota.................................................... 4 Indiana...................................................... 4 Nebraska..................................................... 4 Ohio......................................................... 4 Missouri..................................................... 4 Arkansas..................................................... 3 South Dakota................................................. 3 Kansas....................................................... 3 Michigan..................................................... 3 North Dakota................................................. 3 Mississippi.................................................. 3 Wisconsin.................................................... 3 Louisiana.................................................... 2 Tennessee.................................................... 2 North Carolina............................................... 2 Kentucky..................................................... 2 Pennsylvania................................................. 2 Virginia..................................................... 2 Maryland..................................................... 2 Georgia...................................................... 1 South Carolina............................................... 1 Alabama...................................................... 1 Delaware..................................................... 1 Texas........................................................ 1 Oklahoma..................................................... 1 New York..................................................... 1 New Jersey................................................... 1 Eastern Region (Massachusetts, Connecticut, Florida, Rhode 1 Island, Vermont, New Hampshire, Maine, West Virginia, District of Columbia, and Puerto Rico....................... Western Region (Montana, Wyoming, Colorado, New Mexico, 1 Idaho, Utah, Arizona, Washington, Oregon, Nevada, California, Hawaii, and Alaska)............................. ------------------------------------------------------------------------ * * * * * Dated: October 19, 2015 Rex A. Barnes, Associate Administrator. [FR Doc. 2015-26952 Filed 10-21-15; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations 63909
Program identification Approved program Authorized delegate agency
symbol
Agriculture programs:
P1 .................................. Food and food resources (civilian) ................................. USDA, Department of Homeland Security, Federal
Emergency Management Agency
P2 .................................. Agriculture and food critical infrastructure protection USDA
and restoration.
P3 .................................. Food resources (combat rations) .................................... Department of Defense 1
P4 .................................. Certain combined orders (see § 789.17) ........................ USDA
1 Department of Defense includes: The Office of the Secretary of Defense, the Military Departments, the Joint Staff, the Combatant Com-
mands, the Defense Agencies, the Defense Field Activities, all other organizational entities in the Department of Defense, and for purpose of this
part, the Central Intelligence Agency, and the National Aeronautics and Space Administration as Associated Agencies.
Val Dolcini, by Executive Order 12866 for this There are an estimated 569,998
Administrator, Farm Service Agency. action. soybean producers and an estimated
[FR Doc. 2015–26766 Filed 10–21–15; 8:45 am] 10,000 first purchasers who collect the
Executive Order 12988
BILLING CODE 3410–05–P assessment, most of whom would be
This final rule was reviewed under considered small businesses under the
Executive Order 12988, Civil Justice criteria established by the Small
DEPARTMENT OF AGRICULTURE Reform. It is not intended to have a Business Administration (SBA) [13 CFR
retroactive effect. This action would not 121.201]. SBA defines small agricultural
Agricultural Marketing Service preempt any State or local laws, producers as those having annual
regulations, or policies unless they receipts of less than $750,000.
7 CFR Part 1220 present an irreconcilable conflict with
this rule. Paperwork Reduction Act
[Doc. No. AMS–LPS–15–0016]
The Act provides that administrative In accordance with the Paperwork
Soybean Promotion and Research: proceedings must be exhausted before Reduction Act of 1995 (44 U.S.C.
Amend the Order To Adjust parties may file suit in court. Under Chapter 35), the reporting and
Representation on the United Soybean section 1971 of the Act, a person subject recordkeeping requirements included in
Board to the Order may file a petition with the 7 CFR part 1220 were previously
U.S. Department of Agriculture (USDA) approved by OMB and were assigned
AGENCY: Agricultural Marketing Service, stating that the Order, any provision of control number 0581–0093.
USDA. the Order, or any obligation imposed in
ACTION: Final rule. connection with the Order, is not in Background and Proposed Changes
accordance with the law and request a The Act (7 U.S.C. 6301–6311)
SUMMARY: This final rule adjusts the modification of the Order or an provides for the establishment of a
number of members on the United exemption from the Order. The coordinated program of promotion and
Soybean Board (Board) to reflect petitioner is afforded the opportunity research designed to strengthen the
changes in production levels that have for a hearing on the petition. After a soybean industry’s position in the
occurred since the Board was last hearing, USDA would rule on the marketplace, and to maintain and
reapportioned in 2012. As required by petition. The Act provides that district expand domestic and foreign markets
the Soybean Promotion, Research, and courts of the United States in any and uses for soybeans and soybean
Consumer Information Act (Act), district in which such person is an products. The program is financed by an
membership on the Board is reviewed inhabitant, or has their principal place assessment of 0.5 percent of the net
every 3 years and adjustments are made of business, has jurisdiction to review market price of soybeans sold by
accordingly. This change will result in USDA’s ruling on the petition, if a producers. Pursuant to the Act, an Order
an increase in Board membership for complaint for this purpose is filed was made effective July 9, 1991. The
three States, resulting in an increase in within 20 days after the date of the entry Order established an initial Board with
the total number of Board members from of the ruling. 60 members. For purposes of
70 to 73. These changes will be reflected establishing the Board, the United States
in the Soybean Promotion and Research Regulatory Flexibility Act
was divided into 31 States and
Order (Order) and will be effective for AMS has determined that this rule geographical units. Representation on
the 2016 appointment process. will not have a significant economic the Board from each unit was
DATES: Effective Date: October 23, 2015. impact on a substantial number of small determined by the level of production in
FOR FURTHER INFORMATION CONTACT: entities, as defined by the Regulatory each unit. The initial Board was
James Brow; Research and Promotion Flexibility Act (RFA) (5 U.S.C. 601– appointed on July 11, 1991. The Board
Division, Livestock, Poultry, and Seed 612), because it only adjusts is comprised of soybean producers.
Program, Agricultural Marketing Service representation on the Board to reflect Section 1220.201(c) of the Order
(AMS), USDA, Room 2096–S, STOP changes in production levels that have provides that at the end of each 3-year
0249, 1400 Independence Avenue SW., occurred since the Board was last period, the Board shall review soybean
asabaliauskas on DSK5VPTVN1PROD with RULES
Washington, DC 20250–0249, telephone reapportioned in 2012. The purpose of production levels in the geographic
202–720–0633, fax 202–720–1125, or the RFA is to fit regulatory actions to the units throughout the United States. The
email: James.Brow@ams.usda.gov. scale of businesses subject to such Board may recommend to the Secretary
SUPPLEMENTARY INFORMATION: actions so that small businesses will not of Agriculture (Secretary) modification
be disproportionately burdened. As in the levels of production necessary for
Executive Order 12866 such, these changes will not impose a Board membership for each unit.
The Office of Management and Budget significant impact on persons subject to Section 1220.201(d) of the Order
has waived the review process required the program. provides that at the end of each 3-year
VerDate Sep<11>2014 17:45 Oct 21, 2015 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1](https://thefederalregister.org/doc/80_FR_64113/page/1.svg)
![63910 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations
period, the Secretary must review the 70,000,000 bushels or more but fewer This final rule increases total
volume of production of each unit and than 200,000,000 bushels shall be membership on the Board from 70 to 73.
adjust the boundaries of any unit and entitled to three Board members; and (5) Production data for the years 2010–2014
the number of Board members from units with 200,000,000 bushels or more (excluding the crops in years in which
each such unit as necessary to conform shall be entitled to four Board members. production was the highest and in
with the criteria set forth in The Board was last reapportioned in which production was the lowest) was
§ 1220.201(e): (1) To the extent 2012. The total Board membership gathered from NASS. This change will
practicable, States with annual average increased from 69 to 70 members, with not affect the number of geographical
soybean production of less than Mississippi gaining one additional units. The NASS information combines
3,000,000 bushels shall be grouped into member. The final rule was published
the production from the Western and
geographically contiguous units, each of in the Federal Register (74 FR 27467) on
Eastern Regions into one production
which has a combined production level January 2, 2013. This change was
equal to or greater than 3,000,000 effective with the 2013 appointments. data without distinguishing between the
bushels, and each such group shall be Currently, the Board has 70 members two regions. The NASS data does not
entitled to at least one member on the representing 31 geographical units. This support a change in membership for
Board; (2) units with at least 3,000,000 membership is based on average either region. As such, this final rule
bushels, but fewer than 15,000,000 production levels for the years 2007– will leave the membership of both
bushels shall be entitled to one board 2011 (excluding crops in years that regions unchanged with one member
member; (3) units with 15,000,000 production was the highest and each.
bushels or more but fewer than production was the lowest) as reported This final rule adjusts representation
70,000,000 bushels shall be entitled to by USDA’s National Agricultural on the Board as follows:
two Board members; (4) units with Statistics Service (NASS).
Current New
State representation representation
Missouri ............................................................................................................................................................ 3 4
New Jersey ...................................................................................................................................................... 0 1
Wisconsin ......................................................................................................................................................... 2 3
Board adjustments will become PART 1220—SOYBEAN PROMOTION, Number
effective with the 2016 appointment RESEARCH, AND CONSUMER Unit of
process. INFORMATION members
Comments ■ 1. The authority citation for 7 CFR South Carolina .............................. 1
part 1220 continues to read as follows: Alabama ........................................ 1
A proposed rule was published in the Delaware ....................................... 1
Federal Register (80 FR 34325) on June Authority: 7 U.S.C. 6301–6311 and 7 Texas ............................................ 1
U.S.C. 7401.
16, 2015, with a 60-day comment Oklahoma ..................................... 1
period. USDA received no comments. ■ 2. In § 1220.201, the table New York ...................................... 1
immediately following paragraph (a) is New Jersey ................................... 1
During the drafting of this final rule,
revised to read as follows: Eastern Region (Massachusetts,
AMS found a typographical error in the Connecticut, Florida, Rhode Is-
table titled ‘‘§ 1220.201 Membership of § 1220.201 Membership of Board. land, Vermont, New Hampshire,
board’’ as presented in the proposed * * * * * Maine, West Virginia, District of
rule. The table showed the State of Columbia, and Puerto Rico ....... 1
Georgia with two representatives on the Number Western Region (Montana, Wyo-
Board. Based on production, Georgia is Unit of ming, Colorado, New Mexico,
members Idaho, Utah, Arizona, Wash-
currently entitled to one member. As a
ington, Oregon, Nevada, Cali-
result, AMS has corrected the table in Illinois ............................................ 4 fornia, Hawaii, and Alaska) ....... 1
this final rule to reflect Georgia with one Iowa .............................................. 4
member rather than two. This correction Minnesota ..................................... 4
Indiana .......................................... 4 * * * * *
does not impact the makeup of the
Nebraska ...................................... 4 Dated: October 19, 2015
Board or this reapportionment. Ohio .............................................. 4
Missouri ........................................ 4 Rex A. Barnes,
List of Subjects in 7 CFR Part 1220
Arkansas ....................................... 3 Associate Administrator.
Administrative practice and South Dakota ................................ 3 [FR Doc. 2015–26952 Filed 10–21–15; 8:45 am]
Kansas .......................................... 3
procedure, Advertising, Agricultural Michigan ....................................... 3
BILLING CODE 3410–02–P
research, Marketing agreements, North Dakota ................................ 3
Soybeans and soybean products, Mississippi .................................... 3
asabaliauskas on DSK5VPTVN1PROD with RULES
Reporting and recordkeeping Wisconsin ..................................... 3
requirements. Louisiana ...................................... 2
Tennessee .................................... 2
For the reasons set forth in the North Carolina .............................. 2
preamble, Title 7, part 1220 is amended Kentucky ....................................... 2
as follows: Pennsylvania ................................ 2
Virginia .......................................... 2
Maryland ....................................... 2
Georgia ......................................... 1
VerDate Sep<11>2014 16:39 Oct 21, 2015 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 E:\FR\FM\22OCR1.SGM 22OCR1](https://thefederalregister.org/doc/80_FR_64113/page/2.svg)
Document Created: 2015-12-14 15:34:44
Document Modified: 2015-12-14 15:34:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | James Brow; Research and Promotion Division, Livestock, Poultry, and Seed Program, Agricultural Marketing Service (AMS), USDA, Room 2096-S, STOP 0249, 1400 Independence Avenue SW., Washington, DC 20250-0249, telephone 202-720-0633, fax 202-720- 1125, or email: [email protected] | |
| FR Citation | 80 FR 63909 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; Agricultural Research; Marketing Agreements; Soybeans and Soybean Products and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR