[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27467-27469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13533]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[Doc. No. AMS-LS-09-0026]


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 on the 
United Soybean Board (Board) to reflect changes in production levels 
that have occurred since the Board was last reapportioned in 2006. As 
required by the Soybean Promotion, Research, and Consumer Information 
Act (Act), membership on the Board is reviewed every 3 years and 
adjustments are made accordingly. This proposed change would result in 
an increase in Board membership for one State, increasing the total 
number of Board members from 68 to 69. These changes would be reflected 
in the Soybean Promotion and Research Order (Order) and would be 
effective for the 2010 appointment process.

DATES: Comments must be received by August 10, 2009.

ADDRESSES: Comments should be posted online at http://www.regulations.gov. Comments received will be posted without change, 
including any personal information provided. All comments should 
reference the docket number, AMS-LS-09-0026; the date of submission; 
and the page number of this issue of the Federal Register. Comments may 
also be sent to Kenneth R. Payne, Chief, Marketing Programs Branch, 
Livestock and Seed Program, Agricultural Marketing Service (AMS), 
Department of Agriculture (USDA), Room 2628-S, STOP 0251, 1400 
Independence Avenue, SW., Washington, DC 20250-0251.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch, Livestock and Seed Program, AMS, USDA, Room 2628-S, 
STOP 0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251; 
Telephone 202/720-1115; Fax 202/720-1125; or e-mail to 
[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 was reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have a retroactive effect. This 
action would not preempt any State or local laws, regulations, or 
policies unless they present an irreconcilable conflict with this rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 1971 of the Act, a 
person subject to the Order may file a petition with USDA stating that 
the Order, any provision of the Order, or any obligation imposed in 
connection with the Order,

[[Page 27468]]

is not in accordance with the law and request 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, USDA would 
rule on the petition. The Act provides that 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

    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 (RFA) (5 U.S.C. 601-612), because it 
only adjusts representation on the Board to reflect changes in 
production levels that have occurred since the Board was last 
reapportioned in 2006. The purpose of the RFA is to fit regulatory 
actions to the scale of businesses subject to such actions so that 
small businesses will not be disproportionately burdened. As such, 
these changes will not impose a significant impact on persons subject 
to the program.
    There are an estimated 589,182 soybean producers and an estimated 
10,000 first purchasers who collect the assessment, most of whom would 
be considered small businesses under the criteria established by the 
Small Business Administration (SBA) [13 CFR 121.201]. SBA defines small 
agricultural producers as those having annual receipts of less than 
$750,000.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the reporting and recordkeeping requirements included in 7 
CFR part 1220 were previously approved by OMB and were assigned 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 an 
initial Board with 60 members. For purposes of establishing the Board, 
the United States was divided into 31 States and geographical units. 
Representation on the Board from each unit was determined by the level 
of production in each unit. The initial Board was appointed 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 of Agriculture (Secretary) modification in 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.
    The Board was last reapportioned in 2006. The total Board 
membership increased from 64 to 68 members, with Nebraska, North 
Dakota, Pennsylvania, and Virginia each gaining one additional member. 
Additionally, Florida was grouped with the Eastern Region due to lower 
production levels. These changes were effective with the 2007 
appointments.
    Currently, the Board has 68 members representing 30 geographical 
units. This membership is based on average production levels for the 
years 2001-2005 (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).
    This proposed rule would increase total membership on the Board 
from 68 to 69. Production data for years 2003-2008 (excluding the crops 
in years in which production was the highest and in which production 
was the lowest) was gathered from NASS. This change would not affect 
the number of geographical units.
    This proposed rule would adjust representation on the Board as 
follows:

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                                            Current          Proposed
                 State                   representation   representation
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Ohio..................................               3                4
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    Board adjustments as proposed by this rulemaking would become 
effective, if adopted, with the 2010 appointment process.

List of Subjects in 7 CFR 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 and 7 U.S.C. 7401.

    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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                                                              Number of
                            Unit                               members
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Illinois...................................................            4
Iowa.......................................................            4
Minnesota..................................................            4
Indiana....................................................            4
Nebraska...................................................            4
Ohio.......................................................            4
Missouri...................................................            3
Arkansas...................................................            3
South Dakota...............................................            3
Kansas.....................................................            3
Michigan...................................................            3
North Dakota...............................................            3
Mississippi................................................            2
Louisiana..................................................            2
Tennessee..................................................            2
North Carolina.............................................            2
Kentucky...................................................            2
Pennsylvania...............................................            2
Virginia...................................................            2
Maryland...................................................            2
Wisconsin..................................................            2
Georgia....................................................            1
South Carolina.............................................            1
Alabama....................................................            1

[[Page 27469]]

 
Delaware...................................................            1
Texas......................................................            1
Oklahoma...................................................            1
New York...................................................            1
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------------------------------------------------------------------------
                                                              Number of
                            Unit                               members
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Eastern Region:
  (Florida, Massachusetts, New Jersey,Connecticut, Florida,            1
   Rhode Island, Vermont, New Hampshire, Maine, West
   Virginia, District of Columbia, and Puerto Rico.........
Western Region:
  (Montana, Wyoming, Colorado, New Mexico, Idaho, Utah,                1
   Arizona, Washington, Oregon, Nevada, California, Hawaii,
   and Alaska).............................................
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* * * * *

    Dated: June 3, 2009.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. E9-13533 Filed 6-9-09; 8:45 am]
BILLING CODE 3410-02-P