[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Proposed Rules]
[Pages 23393-23394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11105]


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 Proposed Rules
                                                 Federal Register
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 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. 62, No. 83 / Wednesday, April 30, 1997 / 
Proposed Rules  

[[Page 23393]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[No. LS-97-005]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would adjust the number of members for 
certain States on the United Soybean Board (Board) to reflect changes 
in production levels that have occurred since the Board was 
reapportioned in 1994. These adjustments are required by the Soybean 
Promotion and Research Order (Order) and would result in an increase in 
Board membership from 59 to 62 effective with the Secretary's 1998 
appointments.

DATES: Written comments must be received by May 30, 1997.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief; 
Marketing Programs Branch; Livestock and Seed Division; Agricultural 
Marketing Service (AMS), USDA, Room 2604-S; P.O. Box 96456; Washington, 
D.C. 20090-6456, comments will be available for public inspection 
during regular business hours at the above office in Room 2606, South 
Agricultural Building, 14th and Independence Avenue, SW., Washington, 
D.C.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch, 202/720-1115.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12988, and Regulatory Flexibility Act

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by the Office 
of Management and Budget (OMB).
    This rule was reviewed under Executive Order 12988, Civil Justice 
Reform. It is not intended to have a retroactive effect. This rule 
would not preempt any State or local laws, regulations, or policies 
unless they present an irreconcilable conflict with this rule.
    The Soybean Promotion, Research, and Consumer Information Act (Act) 
provides that administrative proceedings must be exhausted before 
parties may file suit in court. Under Sec. 1971 of the Act, a person 
subject to the Order may file a petition with the Secretary stating 
that the Order, any provision of the Order, or any obligation imposed 
in connection with the Order, is not in accordance with law and 
requesting 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, the Secretary would rule on the petition. 
The Act provides that the district courts of the United States in any 
district in which such person is an inhabitant, or has his principal 
place of business, has jurisdiction to review the Secretary'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.

Effect on Small Entities

    The Agricultural Marketing Service 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 (5 U.S.C. 
601 et seq.), because it only adjusts representation on the Board to 
reflect changes in production levels that have occurred since the Board 
was reapportioned in 1994. As such, these changes will not impact on 
persons subject to the program. There are an estimated 381,000 soybean 
producers who pay assessments and an estimated 10,000 first purchasers 
who collect assessments, most of whom would be considered small 
entities under the criteria established by the Small Business 
Administration (13 CFR 121.601).

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 a 
Board of 60 members. For purposes of establishing the Board, the United 
States was divided into 31 geographic units. Representation on the 
Board from each unit was determined by the level of production in each 
unit. The Secretary appointed the initial Board 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 
three (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 modification in the levels of production 
necessary for Board membership for each unit. At its March 1997 meeting 
the Board voted to recommend to he Secretary that no modification by 
made.
    Section 1220.201(d) of the Order provides that at the end of each 
three (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 
3,000,000 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.
    Current representation on the Board (59), and the number of 
geographical units (30), have been based on average production levels 
for the years 1989-

[[Page 23394]]

 1993 (excluding the crops in years in which production was the highest 
and in which production was the lowest) as reported by the National 
Agricultural Statistics Service (NASS) of the U.S. Department of 
Agriculture.
    Proposed representation on the Board (62) is based on average 
production levels for the years 1992-1996 (excluding the crops in years 
in which production was the highest and in which production was the 
lowest) as reported by NASS.
    The number of geographical units would remain at 30.
    This proposed rule would adjust representation on the Board as 
follows:

------------------------------------------------------------------------
                                              Current        Proposed   
                  State                   representation  representation
------------------------------------------------------------------------
Indiana.................................            3                4  
Minnesota...............................            3                4  
South Dakota............................            2                3  
North Dakota............................            1                2  
Virginia................................            2                1  
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    Board adjustment as proposed by this rulemaking would be effective, 
if adopted, with the 1998 nominations and appointments.

List of Subjects in 7 CFR 1220

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Reporting and recordkeeping 
requirements, Soybeans and soybean products.

    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

    1. The authority citation for 7 CFR part 1220 continues to read as 
follows:

    Authority: 7 U.S.C. 6301-6311.

    2. In Sec. 1220.201, the table immediately following paragraph (a) 
is revised to read as follows:


Sec. 1220.201  Membership of board.

    (a) * * *

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

 * * * * *
    Dated: April 24, 1997.
Barry L. Carpenter,
Director, Livestock and Seed Division.
[FR Doc 97-11105 Filed 4-29-97; 8:45 am]
BILLING CODE 3410-02-P