[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Rules and Regulations]
[Pages 62675-62676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28729]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / 
Rules and Regulations  

[[Page 62675]]



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: Final rule.

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

SUMMARY: This final rule adjusts the number of members on the United 
Soybean Board (Board) to reflect changes in production levels that have 
occurred since the Board was reapportioned in 2006. As required by the 
Soybean Promotion, Research, and Consumer Information Act (Act), 
membership is reviewed every 3 years and adjustments are made 
accordingly. This change results in an increase in Board membership for 
Ohio, increasing the total number of Board members from 68 to 69. The 
change will be effective for the 2010 nomination and appointment 
process.

DATES: Effective Date: December 31, 2009.

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 rule was reviewed under Executive Order 12988, Civil Justice 
Reform. It is not intended to have a retroactive effect.
    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.

Regulatory Flexibility Act

    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 2006. The purpose of the RFA is to fit regulatory 
actions to the scale of businesses subject to such actions in order 
that small businesses will not be unduly burdened. As such, these 
changes will not impact on persons subject to the program.
    There are an estimated 589,182 soybean producers and an estimated 
10,000 first purchasers who collect assessments, 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, and small agricultural firms as those having annual receipts 
of less than $7,000,000.

Paperwork Reduction Act

    In accordance with OMB regulations [5 CFR part 1320] that implement 
the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the 
information collection and recordkeeping requirements contained in the 
Order and Rules and Regulations have previously been approved by OMB 
under OMB control number 0581-0093.

Background

    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 originally 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.
    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

[[Page 62676]]

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).

Comments

    A proposed rule was published in the Federal Register (74 FR 27467) 
on June 10, 2009, with a 60-day comment period. The Department received 
one comment. The commenter was of the view that taxpayers should hold 
51 percent of all seats on the Board. In accordance with the Act, 
members of the Board are soybean producers, who may include individuals 
or other entities. Accordingly, no change is made as a result of this 
comment.
    The increase in representation on the Board, from 68 to 69 members, 
is based on average production levels for the years 2004-2008 
(excluding the crops in years in which production was the highest and 
in which production was the lowest) as reported by USDA's National 
Agricultural Statistics Service. The change does not affect the number 
of geographical units.
    This final rule increases Board membership from 68 members to 69 
members effective with 2010 nominations and appointments.
    This final rule adjusts representation on the Board as follows:

------------------------------------------------------------------------
                                          Previous           Current
                State                  representation    representation
------------------------------------------------------------------------
Ohio................................                 3                 4
------------------------------------------------------------------------

List of Subjects in 7 CFR 1220

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Soybeans and soybean products, 
Reporting and recordkeeping requirements.

0
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

0
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(a), the table is revised to read as follows:


Sec.  1220.201  Membership of board.

    (a) * * *

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

* * * * *

    Dated: November 24, 2009.
Rayne Pegg,
Administrator.
[FR Doc. E9-28729 Filed 11-30-09; 8:45 am]
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