[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Proposed Rules]
[Pages 35825-35826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15270]


 ========================================================================
 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. 68, No. 116 / Tuesday, June 17, 2003 / 
Proposed Rules  

[[Page 35825]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[No. LS-03-03]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

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 2000. These adjustments are required by the 
Soybean Promotion and Research Order (Order). The results of the 
adjustments would be an additional member for Maryland and Michigan. 
New York would no longer be part of the Eastern Region unit. The State 
has sufficient soybean production to qualify as a separate State unit 
with one representative on the Board. New Jersey would be merged into 
the Eastern Region unit. The State no longer has sufficient soybean 
production to be a separate State unit. As a result of these changes, 
the total Board membership would increase from 62 members to 64 
members. These changes to the Board would be effective with the 
Secretary's 2004 appointments.

DATES: Written comments on this proposed rule must be received by 
August 18, 2003.

ADDRESSES: Send two copies of comments to Kenneth R. Payne, Chief, 
Marketing Programs Branch, Livestock and Seed Program, Agricultural 
Marketing Service (AMS), USDA, Room 2638-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-03-03. Comments 
received may be inspected at this location between 8 a.m. and 4:30 
p.m., Monday through Friday, except holidays or on the Internet at 
www.ams.usda.gov/lsg/mpb/rp-soy.htm.

FOR FURTHER INFORMATION CONTACT: Marlene M. Betts, Agricultural 
Marketing Specialist, Marketing Programs Branch on 202/720-1115, fax 
202/720-1125, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Office of Management and Budget (OMB) has waived the review 
process required by Executive Order 12866 for this action.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This proposed rule is not intended to have a 
retroactive effect. This proposed rule would not preempt any State or 
local laws, regulations, or policies unless they present an 
irreconcilable conflict with this proposed 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 Department of Agriculture (USDA) 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 
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

    The Administrator of AMS has determined that this proposed 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 merely adjusts representation on the Board to 
reflect changes in production levels that have occurred since the Board 
was reapportioned in 2000. As such, these changes will not have an 
impact on those 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).

Paperwork Reduction Act

    In accordance with OMB regulations (5 CFR part 1320), which 
implements the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), 
the information collection requirements and recordkeeping requirements 
contained in the Order have been previously approved by OMB under OMB 
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, 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 domestic 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 2003 meeting the Board 
decided not to recommend

[[Page 35826]]

any changes to the levels of production necessary for 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 3,000,000 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 1995-1999 (excluding crops in years that production was 
the highest and that production was the lowest) as reported by USDA's 
National Agricultural Statistics Service (NASS).
    Proposed representation on the Board (64) is based on average 
production levels for the years 1998-2002 (excluding crops in years 
that production was the highest and that production was the lowest) as 
reported by NASS.
    The results of the reapportionment based on the 1998-2002 
production levels would be an additional member for Maryland and 
Michigan. New York would no longer be part of the Eastern Region unit 
because the State has sufficient soybean production to qualify as a 
separate State unit with one representative on the Board. New Jersey 
would lose its only member because the State no longer has sufficient 
soybean production to be a separate State unit. It is proposed that New 
Jersey merge with the Eastern Region unit, and be represented on the 
Board by the Eastern Region's representative. There are no adjustments 
to the other States or regions.
    The number of geographical units would remain at 30. This proposed 
rule would adjust representation on the Board as follows:

----------------------------------------------------------------------------------------------------------------
                                                                1998-2002
                                                                 Average           Current          Proposed
                           State                            production level   representation    representation
                                                                (bushels)
----------------------------------------------------------------------------------------------------------------
Maryland..................................................        16,568,000                 1                 2
Michigan..................................................        74,797,000                 2                 3
New York..................................................         4,503,000                 0                 1
New Jersey................................................         2,882,000                 1                 0
----------------------------------------------------------------------------------------------------------------

    Board adjustment as proposed by this rulemaking would be effective 
with the 2004 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 in paragraph (a) is revised to read 
as follows:


Sec.  1220.201  Membership of board.

    (a) * * *

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

* * * * *

    Dated: June 11, 2003.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 03-15270 Filed 6-16-03; 8:45 am]
BILLING CODE 3410-02-P