[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
[Rules and Regulations]
[Pages 37488-37490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18390]


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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: Final rule.

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SUMMARY: This final rule adjusts 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 result in an increase in Board membership 
from 59 to 62 effective with the Secretary's 1998 appointments.

EFFECTIVE DATE: August 13, 1997.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch; Livestock and Seed Division; Agricultural Marketing 
Service, USDA, STOP 0251; Room 2606-S; P.O. Box 96456; Washington, D.C. 
20090-6456; telephone 202/720-1115.

[[Page 37489]]

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, this change 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 Change

    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 the Secretary that no modification be 
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.
    Representation on the Board, effective with this final rule, (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. Board 
adjustment is effective with the 1998 nominations and appointments.
    The number of geographical units remains at 30.

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:

    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.

* * * * *

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                                                                No. of  
                            Unit                               members  
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Illinois...................................................            4
Iowa.......................................................            4
Minnesota..................................................            4
Indiana....................................................            4
Missouri...................................................            3
Ohio.......................................................            3
Arkansas...................................................            3
Nebraska...................................................            3
South Dakota...............................................            3
Mississippi................................................            2

[[Page 37490]]

                                                                        
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...........  ...........
Western Region (Montana, Wyoming, Colorado, New Mexico,                 
 Idaho, Utah, Arizona, Washington, Oregon, Nevada,                      
 California, Hawaii, and Alaska)...........................            1
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* * * * *
    Dated: July 9, 1997.
Barry L. Carpenter,
Director, Livestock and Seed Division.
[FR Doc. 97-18390 Filed 7-11-97; 8:45 am]
BILLING CODE 3410-02-P