[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Rules and Regulations]
[Pages 1-2]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31511]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[Doc. No. AMS-LS-12-0022]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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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 2009. 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 
Mississippi, increasing the total number of Board members from 69 to 
70. The change will be effective for the 2013 nomination and 
appointment process.

DATES: Effective Date: January 3, 2012.

FOR FURTHER INFORMATION CONTACT: Emily DeBord, Agricultural Marketing 
Specialist, Marketing Programs Division, Livestock, Poultry and Seed 
Program, AMS, USDA, Room 2628-S, STOP 0249, 1400 Independence Avenue 
SW., Washington, DC 20250-0249; Telephone 202/690-2611; Fax 202/720-
1125; or email 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 
nothing in this subtitle may be construed to preempt or supersede any 
other program relating to soybean promotion, research, consumer 
information, or industry information organized and operated under the 
laws of the United States or any State.
    The 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 Soybean Promotion, Research, and Consumer 
Information Order (Order) may file a petition with the Secretary of 
Agriculture (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 (RFA) (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 2009. 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

[[Page 2]]

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 30 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 
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 2009. The total Board 
membership increased from 68 to 69 members, with Ohio gaining one 
additional member. This change was effective with the 2010 
appointments.
    Currently, the Board has 69 members representing 30 geographical 
units. This membership is based on average production levels for the 
years 2004-2008 (excluding crops in years that production was the 
highest and that production was the lowest) as reported by the U.S. 
Department of Agriculture's (USDA) National Agricultural Statistics 
Service (NASS).

Comments

    A proposed rule was published in the Federal Register (74 FR 27467) 
on July 10, 2012, with a 60-day comment period. USDA received one 
comment. The comment mainly addressed food production in the United 
States, which is not relevant to the rulemaking. The comment also asked 
that the Board be reduced from 70 members to five (5) members. Such a 
reduction in the number of members on the Board would not be consistent 
with the Act and Order. Accordingly, no change is made as a result of 
this comment.
    The increase in representation on the Board, from 69 to 70 members, 
is based on average production levels for the years 2007-2011 
(excluding the crops in years in which production was the highest and 
in which production was the lowest) as reported by NASS. The change 
does not affect the number of geographical units.
    This final rule increases Board membership from 69 members to 70 
members effective with 2013 nominations and appointments.
    This final rule adjusts representation on the Board as follows:

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                                             Previous         Current
                  State                   representation  representation
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Mississippi.............................             2               3
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List of Subjects in 7 CFR Part 1220

    Administrative practice and procedure; Advertising; Agricultural 
research; Marketing agreements; Soybeans and soybean products; and 
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

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.


0
2. In Sec.  1220.201, paragraph (a), the table is revised to read as 
follows:


Sec.  1220.201  Membership of board.

    (a) * * *

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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.................................................           3
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
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------------------------------------------------------------------------
                                                               Number of
                            Unit                                members
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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)............................
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* * * * *

    Dated: December 26, 2012.
David R. Shipman,
Administrator.
[FR Doc. 2012-31511 Filed 12-31-12; 8:45 am]
BILLING CODE 3410-02-P