83 FR 53365 - 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 205 (October 23, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 205 (October 23, 2018)
| Page Range | 53365-53366 | |
| FR Document | 2018-23090 |
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)] [Rules and Regulations] [Pages 53365-53366] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23090] ======================================================================== 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. ======================================================================== Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations [[Page 53365]] 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule will 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 change will result in an increase in Board membership for five States, increasing the total number of Board members from 73 to 78. These changes will be reflected in the Soybean Promotion and Research Order (Order) and would be effective for the 2019 appointment process. DATES: This rule is effective as of November 23, 2018. 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 (E.O.) 12866 for this action. Executive Order 12988 This final rule was reviewed under E.O. 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 Soybean Promotion and Research Order (7 CFR part 1220, subpart A (hereinafter referred to as 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 Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612 et seq.), AMS has considered the economic effect of this final rule on small entities and has determined that this action does not have a significant economic impact on a substantial number of small businesses entities 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. The purposed of RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small business will not be unduly burdened. 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, the Order, which established an initial Board with 60 members, became effective July 9, 1991. 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 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 [[Page 53366]] 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 final rule will 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 will not affect the number of geographical units. This final rule will adjust representation on the Board as follows: ---------------------------------------------------------------------------------------------------------------- Current Proposed State representation representation ---------------------------------------------------------------------------------------------------------------- Alabama..................................................................... 1 2 Kentucky.................................................................... 2 3 North Dakota................................................................ 3 4 South Dakota................................................................ 3 4 Tennessee................................................................... 2 3 ---------------------------------------------------------------------------------------------------------------- Board adjustments will become effective with the 2019 appointment process. Comments A proposed rule was published in the Federal Register (83 FR 31477) on July 6, 2018, with a 60-day comment period. USDA received no comments. List of Subjects in 7 CFR Part 1220 Administrative practice and procedure, Advertising, Agricultural research, Reporting and recordkeeping requirements, Soybeans. For the reasons set forth in the preamble, 7 CFR 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 in 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, Massachusetts, 1 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: October 17, 2018. Bruce Summers, Administrator. [FR Doc. 2018-23090 Filed 10-22-18; 8:45 am] BILLING CODE 3410-02-P
![53365
Rules and Regulations Federal Register
Vol. 83, No. 205
Tuesday, October 23, 2018
This section of the FEDERAL REGISTER policies unless they present an 7 CFR part 1220 were previously
contains regulatory documents having general irreconcilable conflict with this rule. approved by OMB and were assigned
applicability and legal effect, most of which The Act provides that administrative control number 0581–0093.
are keyed to and codified in the Code of proceedings must be exhausted before
Federal Regulations, which is published under parties may file suit in court. Under Background and Proposed Changes
50 titles pursuant to 44 U.S.C. 1510. section 1971 of the Act (7 U.S.C. 6306), The Act (7 U.S.C. 6301–6311)
The Code of Federal Regulations is sold by a person subject to the Soybean provides for the establishment of a
the Superintendent of Documents. Promotion and Research Order (7 CFR coordinated program of promotion and
part 1220, subpart A (hereinafter research designed to strengthen the
referred to as the Order)) may file a soybean industry’s position in the
DEPARTMENT OF AGRICULTURE petition with USDA stating that the marketplace, and to maintain and
Order, any provision of the Order, or expand domestic and foreign markets
Agricultural Marketing Service any obligation imposed in connection and uses for soybeans and soybean
with the Order is not in accordance with products. The program is financed by an
7 CFR Part 1220 the law and request a modification of assessment of 0.5 percent of the net
[Doc. No. AMS–LPS–18–0015] the Order or an exemption from the market price of soybeans sold by
Order. The petitioner is afforded the producers. Pursuant to the Act, the
Soybean Promotion and Research: opportunity for a hearing on the Order, which established an initial
Amend the Order To Adjust petition. After a hearing, USDA would Board with 60 members, became
Representation on the United Soybean rule on the petition. The Act provides effective July 9, 1991. For purposes of
Board that district courts of the United States establishing the Board, the United States
in any district in which such person is was divided into 31 States and
AGENCY: Agricultural Marketing Service, an inhabitant, or has his or her principal
USDA. geographical units. Representation on
place of business, have jurisdiction to the Board from each unit was
ACTION: Final rule. review USDA’s ruling on the petition if determined by the level of production in
SUMMARY: This final rule will adjust the a complaint for this purpose is filed each unit. The initial Board was
number of members on the United within 20 days after the date of the entry appointed on July 11, 1991. The Board
Soybean Board (Board) to reflect of the ruling. is comprised of soybean producers.
changes in production levels that have Regulatory Flexibility Act Section 1220.201(c) of the Order
occurred since the Board was last provides that at the end of each 3-year
Pursuant to the requirements set forth
reapportioned in 2015. As required by period, the Board shall review soybean
in the Regulatory Flexibility Act (RFA)
the Soybean Promotion, Research, and production levels in the geographic
(5 U.S.C. 601–612 et seq.), AMS has
Consumer Information Act (Act), units throughout the United States. The
considered the economic effect of this
membership on the Board is reviewed Board may recommend to the Secretary
final rule on small entities and has
every 3 years and adjustments are made of Agriculture modifications in the
determined that this action does not
accordingly. This change will result in levels of production necessary to
have a significant economic impact on
an increase in Board membership for a substantial number of small determine Board membership for each
five States, increasing the total number businesses entities because it only unit.
of Board members from 73 to 78. These adjusts representation on the Board to Section 1220.201(d) of the Order
changes will be reflected in the Soybean reflect changes in production levels that provides that at the end of each 3-year
Promotion and Research Order (Order) have occurred since the Board was last period, the Secretary must review the
and would be effective for the 2019 reapportioned in 2015. The purposed of volume of production of each unit and
appointment process. RFA is to fit regulatory actions to the adjust the boundaries of any unit and
DATES: This rule is effective as of scale of businesses subject to such the number of Board members from
November 23, 2018. actions in order that small business will each such unit as necessary to conform
FOR FURTHER INFORMATION CONTACT: not be unduly burdened. with the criteria set forth in
Mike Dinkel, (202) 720–0633, There are an estimated 515,008 § 1220.201(e): (1) To the extent
Michael.Dinkel@ams.usda.gov. soybean producers and an estimated practicable, States with annual average
SUPPLEMENTARY INFORMATION: 10,000 first purchasers who collect the soybean production of less than 3
assessment, most of whom would be million bushels shall be grouped into
Executive Order 12866 considered small businesses under the geographically contiguous units, each of
The Office of Management and Budget criteria established by the Small which has a combined production level
(OMB) has waived the review process Business Administration (SBA) [13 CFR equal to or greater than 3 million
required by Executive Order (E.O.) 121.201]. SBA defines small agricultural bushels, and each such group shall be
12866 for this action. producers as those having annual entitled to at least one member on the
khammond on DSK30JT082PROD with RULES
receipts of less than $750,000. Board; (2) units with at least 3 million
Executive Order 12988 bushels, but fewer than 15 million
This final rule was reviewed under Paperwork Reduction Act bushels shall be entitled to one board
E.O. 12988, Civil Justice Reform. It is In accordance with the Paperwork member; (3) units with 15 million
not intended to have a retroactive effect. Reduction Act of 1995 (44 U.S.C. bushels or more but fewer than 70
This action would not preempt any Chapter 35), the reporting and million bushels shall be entitled to two
State or local laws, regulations, or recordkeeping requirements included in Board members; (4) units with 70
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![53366 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Rules and Regulations
million bushels or more but fewer than each gaining one additional member. in which production was the highest
200 million bushels shall be entitled to The final rule was published in the and in which production was the
three Board members; and (5) units with Federal Register (80 FR 63909) on lowest) as reported by USDA’s National
200 million bushels or more shall be October 22, 2015. This change was Agricultural Statistics Service. This
entitled to four Board members. effective with the 2016 appointments. change will not affect the number of
The Board was last reapportioned in This final rule will increase total geographical units.
2015. The total Board membership membership on the Board from 73 to 78,
increased from 70 to 73 members, with based on production data for years This final rule will adjust
Missouri, New Jersey, and Wisconsin 2013–2017 (excluding the crops in years representation on the Board as follows:
Current Proposed
State representation representation
Alabama ........................................................................................................................................................... 1 2
Kentucky .......................................................................................................................................................... 2 3
North Dakota .................................................................................................................................................... 3 4
South Dakota ................................................................................................................................................... 3 4
Tennessee ....................................................................................................................................................... 2 3
Board adjustments will become Number DEPARTMENT OF TRANSPORTATION
effective with the 2019 appointment Unit of
process. members Federal Aviation Administration
Comments Kentucky ....................................... 3 14 CFR Part 39
A proposed rule was published in the Kansas .......................................... 3
Arkansas ....................................... 3 [Docket No. FAA–2018–0254; Product
Federal Register (83 FR 31477) on July Identifier 2017–SW–116–AD; Amendment
6, 2018, with a 60-day comment period. Virginia .......................................... 2
Pennsylvania ................................ 2 39–19473; AD 2018–21–15]
USDA received no comments.
North Carolina .............................. 2 RIN 2120–AA64
List of Subjects in 7 CFR Part 1220 Maryland ....................................... 2
Administrative practice and Louisiana ...................................... 2 Airworthiness Directives; Bell
procedure, Advertising, Agricultural Alabama ........................................ 2 Helicopter Textron Canada Limited
research, Reporting and recordkeeping Texas ............................................ 1 Helicopters
requirements, Soybeans. South Carolina .............................. 1
Oklahoma ..................................... 1 AGENCY: Federal Aviation
For the reasons set forth in the New York ...................................... 1 Administration (FAA), DOT.
preamble, 7 CFR part 1220 is amended New Jersey ................................... 1 ACTION: Final rule.
as follows: Georgia ......................................... 1
SUMMARY:We are superseding
Delaware ....................................... 1
PART 1220—SOYBEAN PROMOTION, Airworthiness Directive (AD) 2017–13–
Eastern Region (Connecticut,
RESEARCH, AND CONSUMER Florida, Maine, Massachusetts, 03 for Bell Helicopter Textron Canada
INFORMATION New Hampshire, Rhode Island, Limited (Bell) Model 429 helicopters.
Vermont, West Virginia, District AD 2017–13–03 required adding an
■ 1. The authority citation for 7 CFR of Columbia, and Puerto Rico) 1 identification number to life-limited rod
part 1220 continues to read as follows: Western Region (Alaska, Arizona, ends that do not have a serial number
Authority: 7 U.S.C. 6301–6311 and 7 California, Colorado, Hawaii, (S/N). Since we issued AD 2017–13–03,
U.S.C. 7401. Idaho, Montana, Nevada, New an additional life-limited rod end was
Mexico, Oregon, Utah, Wash- identified that is affected by the same
■ 2. In § 1220.201, the table in ington, and Wyoming ................ 1 unsafe condition. This new AD retains
paragraph (a) is revised to read as
follows: the requirements of AD 2017–13–03 and
* * * * * revises the Applicability paragraph by
§ 1220.201 Membership of board. Dated: October 17, 2018. adding that rod end. The actions of this
(a) * * * Bruce Summers, AD are intended to address an unsafe
Administrator.
condition on these products.
Number DATES: This AD is effective November
Unit of [FR Doc. 2018–23090 Filed 10–22–18; 8:45 am]
27, 2018.
members BILLING CODE 3410–02–P
The Director of the Federal Register
South Dakota ................................ 4 approved the incorporation by reference
Ohio .............................................. 4 of a certain publication listed in this AD
North Dakota ................................ 4 as of July 27, 2017 (82 FR 28397, June
Nebraska ...................................... 4 22, 2017).
Missouri ........................................ 4 ADDRESSES: For service information
khammond on DSK30JT082PROD with RULES
Minnesota ..................................... 4 identified in this final rule, contact Bell
Iowa .............................................. 4
Helicopter Textron Canada Limited,
Indiana .......................................... 4
Illinois ............................................ 4 12,800 Rue de l’Avenir, Mirabel, Quebec
Wisconsin ..................................... 3 J7J1R4; telephone (450) 437–2862 or
Tennessee .................................... 3 (800) 363–8023; fax (450) 433–0272; or
Mississippi .................................... 3 at http://www.bellcustomer.com/files/.
Michigan ....................................... 3 You may review this referenced service
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Document Created: 2018-10-23 04:15:09
Document Modified: 2018-10-23 04:15:09
| 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. | |
| Dates | This rule is effective as of November 23, 2018. | |
| Contact | Mike Dinkel, (202) 720-0633, [email protected] | |
| FR Citation | 83 FR 53365 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; Agricultural Research; Reporting and Recordkeeping Requirements and Soybeans |
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