[Federal Register Volume 65, Number 94 (Monday, May 15, 2000)]
[Proposed Rules]
[Pages 30922-30924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12154]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[No. LS-00-04]


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 last time the Board 
was reapportioned in 1997. These adjustments are required by the 
Soybean Promotion and Research Order (Order). The results of the 
adjustments would be an additional member for Kansas and one less 
member for Maryland. As a result of these changes, the total Board 
membership will remain at 62 members. These changes to the Board would 
be effective with the Secretary's 2001 appointments.

DATES: Written comments must be received by July 14, 2000.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief; 
Marketing Programs Branch; Livestock and Seed Program; Agricultural 
Marketing Service (AMS), USDA, Room 2627-S; STOP 0251; 1400 
Independence Avenue, SW., Washington, DC 20250-0251. Comments may also 
be sent by e-mail to [email protected] or by fax to 202/720-1125. 
State that your comment refers to Docket No. LS-00-04. Comments 
received may be inspected at this location between 8:00 a.m. and 4:30 
p.m., Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch, 202/720-1115, fax 202/270-1125, or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12988, and Regulatory Flexibility Act 
and the Paperwork Reduction Act

    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    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 their principal 
place of business, has jurisdiction to review the Secretary's ruling on 
the petition, if a complaint for this purpose is filed

[[Page 30923]]

within 20 days after the date of the entry of the ruling.

Effect on Small Entities

    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 (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 1997. As 
such, these changes will not impact on persons subject to the program. 
There are an estimated 600,813 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 121.201).

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 
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 2000 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 
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 (62), and the number of 
geographical units (30), have been based on average production levels 
for the years 1992-1996 (excluding crops in years that production was 
the highest and that production was the lowest) as reported by the 
National Agricultural Statistics Service (NASS) of the Department.
    Proposed representation on the Board (62) is based on average 
production levels for the years 1995-1999 (excluding crops in years 
that production was the highest and that 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:

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                                                  1995-1999 Average production        Current        Proposed
                     State                               level (bushels)          representation  representation
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Kansas........................................  75,800,000......................             2               3
Maryland......................................  14,753,000......................             2               1
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    There are no adjustments to the other States or regions.
    Board adjustment as proposed by this rulemaking would be effective, 
if adopted, with the 2001 nominations and appointments.

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

    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) * * *

------------------------------------------------------------------------
                                                               Number 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
Kansas.......................................................          3
Mississippi..................................................          2
Louisiana....................................................          2
Tennessee....................................................          2
North Carolina...............................................          2
Kentucky.....................................................          2
Michigan.....................................................          2
North Dakota.................................................          2
Wisconsin....................................................          2
Maryland.....................................................          1
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,                  1
 Florida, Rhode Island, Vermont, New Hampshire, Maine, West
 Virginia, District of Columbia, and Puerto Rico)............

[[Page 30924]]

 
Western Region (Montana, Wyoming, Colorado, New Mexico,                1
 Idaho, Utah, Arizona, Washington, Oregon, Nevada,
 California, Hawaii, and Alaska).............................
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* * * * *

    Dated: May 9, 2000.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 00-12154 Filed 5-12-00; 8:45 am]
BILLING CODE 3410-02-P