[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31477-31479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14507]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[Doc. No. AMS-LPS-18-0015]


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 2015. As 
required by the Soybean Promotion, Research, and

[[Page 31478]]

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 five States, 
increasing the total number of Board members from 73 to 78. These 
changes would be reflected in the Soybean Promotion and Research Order 
(Order) and would be effective for the 2019 appointment process.

DATES: Comments must be received by September 4, 2018.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments should be submitted on the 
internet at www.regulations.gov or Research and Promotion Division; 
Livestock and Poultry Program; Agricultural Marketing Service (AMS); 
U.S. Department of Agriculture (USDA), Room 2610-S, STOP 0251; 1400 
Independence Avenue SW.; Washington, DC 20250-0251. All comments should 
reference the docket number, the date and page number of this issue of 
the Federal Register and will be made available for public inspection 
at the above address during regular business hours or at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mike Dinkel, (202) 720-0633, 
[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 (7 
U.S.C. 6306), 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 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 his or her 
principal place of business, have 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 purpose of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-
612) is to fit regulatory actions to the scale of businesses subject to 
such actions so that small businesses will not be disproportionately 
burdened. AMS has determined that this rule will not have a significant 
economic impact on a substantial number of small entities, as defined 
by RFA, because it only adjusts representation on the Board to reflect 
changes in production levels that have occurred since the Board was 
last reapportioned in 2015. As such, these changes will not have a 
significant impact on persons subject to the program.
    There are an estimated 515,008 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) modifications in the levels 
of production necessary to determine 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 million bushels 
shall be grouped into geographically contiguous units, each of which 
has a combined production level equal to or greater than 3 million 
bushels, and each such group shall be entitled to at least one member 
on the Board; (2) units with at least 3 million bushels, but fewer than 
15 million bushels shall be entitled to one board member; (3) units 
with 15 million bushels or more but fewer than 70 million bushels shall 
be entitled to two Board members; (4) units with 70 million bushels or 
more but fewer than 200 million bushels shall be entitled to three 
Board members; and (5) units with 200 million bushels or more shall be 
entitled to four Board members.
    The Board was last reapportioned in 2015. The total Board 
membership increased from 70 to 73 members, with Missouri, New Jersey, 
and Wisconsin each gaining one additional member. The final rule was 
published in the Federal Register (80 FR 63909) on October 22, 2015. 
This change was effective with the 2016 appointments.
    This proposed rule would increase total membership on the Board 
from 73 to 78, based on production data for years 2013-2017 (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. This change would not affect the number of 
geographical units.
    This proposed rule would adjust representation on the Board as 
follows:

------------------------------------------------------------------------
                                              Current        Proposed
                  State                   representation  representation
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Alabama.................................              1               2
Kentucky................................              2               3
North Dakota............................              3               4

[[Page 31479]]

 
South Dakota............................              3               4
Tennessee...............................              2               3
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    Board adjustments as proposed by this rulemaking would become 
effective, if adopted, with the 2019 appointment process.

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

0
1. The authority citation for 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, the table immediately following paragraph (a) 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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South Dakota...........................................               4
Ohio...................................................               4
North Dakota...........................................               4
Nebraska...............................................               4
Missouri...............................................               4
Minnesota..............................................               4
Iowa...................................................               4
Indiana................................................               4
Illinois...............................................               4
Wisconsin..............................................               3
Tennessee..............................................               3
Mississippi............................................               3
Michigan...............................................               3
Kentucky...............................................               3
Kansas.................................................               3
Arkansas...............................................               3
Virginia...............................................               2
Pennsylvania...........................................               2
North Carolina.........................................               2
Maryland...............................................               2
Louisiana..............................................               2
Alabama................................................               2
Texas..................................................               1
South Carolina.........................................               1
Oklahoma...............................................               1
New York...............................................               1
New Jersey.............................................               1
Georgia................................................               1
Delaware...............................................               1
Eastern Region (Connecticut, Florida, Maine,                          1
 Massachusetts, New Hampshire, Rhode Island, Vermont,
 West Virginia, District of Columbia, and Puerto Rico).
Western Region (Alaska, Arizona, California, Colorado,                1
 Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon,
 Utah, Washington, and Wyoming.........................
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* * * * *

    Dated: July 2, 2018.
Bruce Summers,
Administrator.
[FR Doc. 2018-14507 Filed 7-5-18; 8:45 am]
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