[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Rules and Regulations]
[Pages 63767-63769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27411]


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

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: Final rule.

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

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 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 
are 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 are effective with the 
Secretary's 2001 appointments.

EFFECTIVE DATE: November 24, 2000.

[[Page 63768]]


FOR FURTHER INFORMATION CONTACT: 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, D.C. 20250-0251; telephone 202/720-1115; fax 202/720-
1125; or e-mail to [email protected].

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12988, 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 within 20 days 
after the date of the entry of the ruling.

Effect on Small Entities

    AMS has determined that this final 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 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.
    A proposed rule was published in the Federal Register (65 FR 
30922), on May 15, 2000, with a 60-day comment period. One comment was 
received from the Chairman of the United Soybean Board. The comment 
states that ``the reapportionment appears to be appropriate under the 
formula mandated by the Soybean Promotion, Research, and Consumer 
Information Act.''
    Based on the comment received and the requirements of the Act and 
the Order, AMS is adjusting the representation on the Board as 
proposed; one additional member for Kansas and one less member for 
Maryland.
    Board membership remains at 62 and 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 the National Agricultural Statistics Service. Board member 
adjustments are effective with the 2001 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.

* * * * *

------------------------------------------------------------------------
                                                              Number of
                            Unit                               members
------------------------------------------------------------------------
Illinois...................................................            4
Iowa.......................................................            4
Minnesota..................................................            4
Indiana....................................................            4
Missouri...................................................            3
Ohio.......................................................            3
Arkansas...................................................            3
Nebraska...................................................            3
South Dakota...............................................            3
Kansas.....................................................            3

[[Page 63769]]

 
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...........
Western Region (Montana, Wy-oming, Colorado, New Mexico,               1
 Idaho, Utah, Arizona, Wash-ington, Oregon, Nevada,
 California, Hawaii, and Alaska)...........................
------------------------------------------------------------------------

* * * * *

    Dated: October 19, 2000.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 00-27411 Filed 10-24-00; 8:45 am]
BILLING CODE 3410-02-P