83 FR 31477 - Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range		31477-31479
FR Document		2018-14507

This proposed rule would adjust 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 2015. 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 proposed change would result in an increase in Board membership for five States, increasing the total number of Board members from 73 to 78. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective for the 2019 appointment process.

Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)

[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31477-31479]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14507]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[Doc. No. AMS-LPS-18-0015]


Soybean Promotion and Research: Amend the Order To Adjust 
Representation on the United Soybean Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would adjust 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 2015. As 
required by the Soybean Promotion, Research, and

[[Page 31478]]

Consumer Information Act (Act), membership on the Board is reviewed 
every 3 years and adjustments are made accordingly. This proposed 
change would result in an increase in Board membership for five States, 
increasing the total number of Board members from 73 to 78. These 
changes would be reflected in the Soybean Promotion and Research Order 
(Order) and would be effective for the 2019 appointment process.

DATES: Comments must be received by September 4, 2018.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments should be submitted on the 
internet at www.regulations.gov or Research and Promotion Division; 
Livestock and Poultry Program; Agricultural Marketing Service (AMS); 
U.S. Department of Agriculture (USDA), Room 2610-S, STOP 0251; 1400 
Independence Avenue SW.; Washington, DC 20250-0251. All comments should 
reference the docket number, the date and page number of this issue of 
the Federal Register and will be made available for public inspection 
at the above address during regular business hours or at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mike Dinkel, (202) 720-0633, 
Michael.Dinkel@ams.usda.gov.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    The Office of Management and Budget (OMB) has waived the review 
process required by Executive Order 12866 for this action.

Executive Order 12988

    This proposed 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 (7 
U.S.C. 6306), a person subject to the Order may file a petition with 
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 his or her 
principal place of business, have 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

    The purpose of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-
612) is to fit regulatory actions to the scale of businesses subject to 
such actions so that small businesses will not be disproportionately 
burdened. AMS has determined that this rule will not have a significant 
economic impact on a substantial number of small entities, as defined 
by RFA, because it only adjusts representation on the Board to reflect 
changes in production levels that have occurred since the Board was 
last reapportioned in 2015. As such, these changes will not have a 
significant impact on persons subject to the program.
    There are an estimated 515,008 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 composed 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) modifications in the levels 
of production necessary to determine Board membership for each unit.
    Section 1220.201(d) of the Order provides that at the end of each 
3-year 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 million bushels 
shall be grouped into geographically contiguous units, each of which 
has a combined production level equal to or greater than 3 million 
bushels, and each such group shall be entitled to at least one member 
on the Board; (2) units with at least 3 million bushels, but fewer than 
15 million bushels shall be entitled to one board member; (3) units 
with 15 million bushels or more but fewer than 70 million bushels shall 
be entitled to two Board members; (4) units with 70 million bushels or 
more but fewer than 200 million bushels shall be entitled to three 
Board members; and (5) units with 200 million bushels or more shall be 
entitled to four Board members.
    The Board was last reapportioned in 2015. The total Board 
membership increased from 70 to 73 members, with Missouri, New Jersey, 
and Wisconsin each gaining one additional member. The final rule was 
published in the Federal Register (80 FR 63909) on October 22, 2015. 
This change was effective with the 2016 appointments.
    This proposed rule would increase total membership on the Board 
from 73 to 78, based on production data for years 2013-2017 (excluding 
the crops in years in which production was the highest and in which 
production was the lowest) as reported by USDA's National Agricultural 
Statistics Service. This change would not affect the number of 
geographical units.
    This proposed rule would adjust representation on the Board as 
follows:

------------------------------------------------------------------------
                                              Current        Proposed
                  State                   representation  representation
------------------------------------------------------------------------
Alabama.................................              1               2
Kentucky................................              2               3
North Dakota............................              3               4

[[Page 31479]]

 
South Dakota............................              3               4
Tennessee...............................              2               3
------------------------------------------------------------------------

    Board adjustments as proposed by this rulemaking would become 
effective, if adopted, with the 2019 appointment process.

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, it is proposed that 
Title 7, part 1220 be amended as follows:

PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

0
1. The authority citation for 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.

    (a) * * *

------------------------------------------------------------------------
                                                            Number of
                          Unit                               members
------------------------------------------------------------------------
South Dakota...........................................               4
Ohio...................................................               4
North Dakota...........................................               4
Nebraska...............................................               4
Missouri...............................................               4
Minnesota..............................................               4
Iowa...................................................               4
Indiana................................................               4
Illinois...............................................               4
Wisconsin..............................................               3
Tennessee..............................................               3
Mississippi............................................               3
Michigan...............................................               3
Kentucky...............................................               3
Kansas.................................................               3
Arkansas...............................................               3
Virginia...............................................               2
Pennsylvania...........................................               2
North Carolina.........................................               2
Maryland...............................................               2
Louisiana..............................................               2
Alabama................................................               2
Texas..................................................               1
South Carolina.........................................               1
Oklahoma...............................................               1
New York...............................................               1
New Jersey.............................................               1
Georgia................................................               1
Delaware...............................................               1
Eastern Region (Connecticut, Florida, Maine,                          1
 Massachusetts, New Hampshire, Rhode Island, Vermont,
 West Virginia, District of Columbia, and Puerto Rico).
Western Region (Alaska, Arizona, California, Colorado,                1
 Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon,
 Utah, Washington, and Wyoming.........................
------------------------------------------------------------------------

* * * * *

    Dated: July 2, 2018.
Bruce Summers,
Administrator.
[FR Doc. 2018-14507 Filed 7-5-18; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31477

of referendum would be issued, and commerce or directly burdens, issued by the Board through newspapers
growers would be provided the obstructs, or affects such commerce. and other publications having general
opportunity to vote for or against the A 60-day comment period is provided circulation in the almond producing
proposed amendments. Information to allow interested persons to respond areas.
about the referendum, including dates to these proposals. Any comments * * * * *
and voter eligibility requirements, received on the amendments proposed (3) The Board may recommend,
would be published in a future issue of in this proposed rule will be analyzed, subject to the approval of the Secretary,
the Federal Register. A final rule would and if AMS determines to proceed based a change to the nomination method,
then be issued to effectuate any on all the information presented, a should the Board determine that a
amendments favored by growers grower referendum would be conducted revision is necessary.
participating in the referendum. to determine grower support for the
A small business guide on complying * * * * *
proposed amendments. If appropriate, a ■ 3. Amend § 981.33 by revising the first
with fruit, vegetable, and specialty crop final rule would then be issued to
marketing agreements and orders may sentence of paragraphs (a) and (b),
effectuate the amendments favored by revising the last sentence of paragraph
be viewed at: http://www.ams.usda.gov/ growers participating in the referendum.
rules-regulations/moa/small-businesses. (c), and adding paragraph (d) to read as
Any questions about the compliance List of Subjects in 7 CFR Part 981 follows:
guide should be sent to Richard Lower Almonds, Marketing agreements, § 981.33 Selection and term of office.
at the previously mentioned address in Nuts, Reporting and recordkeeping (a) Members and their respective
the FOR FURTHER INFORMATION CONTACT requirements. alternates for positions open on the
section. For the reasons set forth in the Board shall be selected by the Secretary
General Findings preamble, 7 CFR part 981 is proposed to from persons nominated pursuant to
be amended as follows: § 981.32, or, at the discretion of the
The findings hereinafter set forth are
supplementary to the findings and Secretary, from other qualified persons,
PART 981—ALMONDS GROWN IN for a term of office beginning August 1.
determinations which were previously CALIFORNIA
made in connection with the issuance of * * *
Marketing Order 981; and all said (b) The term of office of members of
■ 1. The authority citation for 7 CFR
previous findings and determinations the Board shall be for a period of three
part 981 continues to read as follows:
are hereby ratified and affirmed, except years beginning on August 1 of the years
Authority: 7 U.S.C. 601–674. selected except where otherwise
insofar as such findings and
determinations may be in conflict with ■ 2. Amend § 981.32 by revising provided. * * *
the findings and determinations set paragraph (a)(1) and adding paragraph (c) * * * This limitation on tenure
forth herein. (a)(3) to read as follows: shall not apply to alternate members.
1. Marketing Order 981 as hereby (d) The Board may recommend,
§ 981.32 Nominations. subject to approval of the Secretary,
proposed to be amended and all of the
terms and conditions thereof, would (a) Method. (1) Each year the terms of revisions to the start date for the term
tend to effectuate the declared policy of office of three of the members elected of office of members of the Board.
the Act; pursuant to § 981.31(a) and (b) shall Dated: July 2, 2018.
2. Marketing Order 981 as hereby expire, except every third year when the Bruce Summers,
proposed to be amended regulates the term of office for two of those members
Administrator, Agricultural Marketing
handling of almonds grown in shall expire. Nominees for each Service.
California and is applicable only to respective member and alternate
[FR Doc. 2018–14512 Filed 7–5–18; 8:45 am]
persons in the respective classes of member shall be chosen by ballot
BILLING CODE 3410–02–P
commercial and industrial activity delivered to the Board. Nominees
specified in the Marketing Order; chosen by the Board in this manner
3. Marketing Order 981 as hereby shall be submitted by the Board to the DEPARTMENT OF AGRICULTURE
proposed to be amended is limited in Secretary on or before June 1 of each
application to the smallest regional year together with such information as Agricultural Marketing Service
production area which is practicable, the Secretary may require. If a
consistent with carrying out the nomination for any Board member or 7 CFR Part 1220
declared policy of the Act, and the alternate is not received by the Secretary
on or before June 1, the Secretary may [Doc. No. AMS–LPS–18–0015]
issuance of several marketing orders
applicable to subdivisions of the select such member or alternate from
Soybean Promotion and Research:
production area would not effectively persons belonging to the group to be
Amend the Order To Adjust
carry out the declared policy of the Act; represented without nomination. The
Representation on the United Soybean
4. Marketing Order 981 as hereby Board shall mail to all handlers and
Board
proposed to be amended prescribes, growers, other than the cooperative(s) of
insofar as practicable, such different record, the required ballots with all AGENCY: Agricultural Marketing Service,
terms applicable to different parts of the necessary voting information including USDA.
production area as are necessary to give the names of incumbents willing to ACTION: Proposed rule.
daltland on DSKBBV9HB2PROD with PROPOSALS

due recognition to the differences in the accept renomination, and, to such
production and marketing of almonds growers, the name of any person SUMMARY: This proposed rule would
produced or packed in the production proposed for nomination in a petition adjust the number of members on the
area; and signed by at least 15 such growers and United Soybean Board (Board) to reflect
5. All handling of almonds produced filed with the Board on or before April changes in production levels that have
or packed in the production area as 1. Distribution of ballots shall be occurred since the Board was last
defined in Marketing Order 981 is in the announced by press release, furnishing reapportioned in 2015. As required by
current of interstate or foreign pertinent information on balloting, the Soybean Promotion, Research, and

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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31479

Current Proposed List of Subjects in 7 CFR Part 1220 PART 1220—SOYBEAN PROMOTION,
State representa- representa- RESEARCH, AND CONSUMER
tion Administrative practice and
tion INFORMATION
procedure, Advertising, Agricultural
South Dakota .... 3 4 research, Marketing agreements, ■ 1. The authority citation for part 1220
Tennessee ........ 2 3 Soybeans and soybean products, continues to read as follows:
Reporting and recordkeeping Authority: 7 U.S.C. 6301–6311 and 7
Board adjustments as proposed by requirements. U.S.C. 7401.
this rulemaking would become effective, For the reasons set forth in the ■ 2. In § 1220.201, the table
if adopted, with the 2019 appointment preamble, it is proposed that Title 7, immediately following paragraph (a) is
process. part 1220 be amended as follows: revised to read as follows:
§ 1220.201 Membership of board.
(a) * * *

Number of
Unit members

South Dakota ....................................................................................................................................................................................... 4
Ohio ..................................................................................................................................................................................................... 4
North Dakota ........................................................................................................................................................................................ 4
Nebraska .............................................................................................................................................................................................. 4
Missouri ................................................................................................................................................................................................ 4
Minnesota ............................................................................................................................................................................................ 4
Iowa ..................................................................................................................................................................................................... 4
Indiana ................................................................................................................................................................................................. 4
Illinois ................................................................................................................................................................................................... 4
Wisconsin ............................................................................................................................................................................................. 3
Tennessee ........................................................................................................................................................................................... 3
Mississippi ............................................................................................................................................................................................ 3
Michigan ............................................................................................................................................................................................... 3
Kentucky .............................................................................................................................................................................................. 3
Kansas ................................................................................................................................................................................................. 3
Arkansas .............................................................................................................................................................................................. 3
Virginia ................................................................................................................................................................................................. 2
Pennsylvania ........................................................................................................................................................................................ 2
North Carolina ...................................................................................................................................................................................... 2
Maryland .............................................................................................................................................................................................. 2
Louisiana .............................................................................................................................................................................................. 2
Alabama ............................................................................................................................................................................................... 2
Texas ................................................................................................................................................................................................... 1
South Carolina ..................................................................................................................................................................................... 1
Oklahoma ............................................................................................................................................................................................. 1
New York ............................................................................................................................................................................................. 1
New Jersey .......................................................................................................................................................................................... 1
Georgia ................................................................................................................................................................................................ 1
Delaware .............................................................................................................................................................................................. 1
Eastern Region (Connecticut, Florida, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, West Virginia, District of
Columbia, and Puerto Rico) ............................................................................................................................................................. 1
Western Region (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Wash-
ington, and Wyoming ....................................................................................................................................................................... 1

* * * * * DEPARTMENT OF TRANSPORTATION the airworthiness regulation addressing
Dated: July 2, 2018. engine bird ingestion. The current
Federal Aviation Administration regulation ensures bird ingestion
Bruce Summers,
capability of the turbofan engine fan
Administrator. 14 CFR Part 33 blades, but the existing test conditions
[FR Doc. 2018–14507 Filed 7–5–18; 8:45 am]
[Docket No. FAA–2018–0568; Notice No. 18– do not adequately demonstrate bird
BILLING CODE P 02] ingestion capability of the engine core.
RIN 2120–AK83 This proposed rule would require that,
to obtain certification of a turbofan
Medium Flocking Bird Test at Climb engine, a manufacturer must show that
daltland on DSKBBV9HB2PROD with PROPOSALS

Condition the engine core can continue to operate
after ingesting a medium sized bird
AGENCY: Federal Aviation
while operating at a lower fan speed
Administration (FAA), DOT.
associated with climb or landing. This
ACTION: Notice of proposed rulemaking
new requirement would ensure that
(NPRM).
engines can ingest the largest medium
SUMMARY: The FAA proposes the flocking bird required by the existing
addition of a new test requirement to

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Document Created: 2018-07-06 00:46:20
Document Modified: 2018-07-06 00:46:20

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		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received by September 4, 2018.
Contact		Mike Dinkel, (202) 720-0633, [email protected]
FR Citation		83 FR 31477
CFR Associated		Administrative Practice and Procedure; Advertising; Agricultural Research; Marketing Agreements; Soybeans and Soybean Products and Reporting and Recordkeeping Requirements

83 FR 31477 - Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 83, Issue 130 (July 6, 2018)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service