[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Proposed Rules]
[Pages 19788-19790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07721]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / 
Proposed Rules  

[[Page 19788]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[Document No. AMS-LP-20-0085]


Soybean Promotion and Research: Adjusting Representation on the 
United Soybean Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

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 2018. 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 
a decrease in Board membership for one State, decreasing the total 
number of Board members from 78 to 77. These changes would be reflected 
in the Soybean Promotion and Research Order (Order) and would be 
effective with the Secretary of Agriculture's (Secretary) appointments 
for terms in the year 2022. This proposed rule would also correct the 
number of States and units to the Order. Technical corrections to the 
regulations would adjust the number of States and units from 30 to 31.

DATES: Submit comments on or before June 14, 2021.

ADDRESSES: Comments should be posted online at www.regulations.gov. 
Comments received will be posted without change, including any personal 
information provided. All comments should reference the docket number 
AMS-LP-20-0085, the date of submission, and the page number of this 
issue of the Federal Register. Comments may also be sent to Sarah 
Aswegan, Agricultural Marketing Specialist, Research and Promotion 
Division; Livestock and Poultry Program; AMS; USDA, Room 2627-S, STOP 
0251, 1400 Independence Avenue SW, Washington, DC 20250-0251. Comments 
will be made available for public inspection at the above address 
during regular business hours or via the internet at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Aswegan, Research and Promotion 
Division, at (515) 201-5190; or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 13563

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health, and safety effects; distributive impacts; and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. This rule 
does not meet the definition of a significant regulatory action 
contained in section 3(f) of E.O. 12866 and is therefore not subject to 
review by the Office of Management and Budget (OMB).

Executive Order 12988

    This proposed rule has been reviewed under E.O. 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect.
    Section 11 of the Act (7 U.S.C. 2910) provides that nothing in the 
Act may be construed to preempt or supersede any other program relating 
to soybean promotion organized and operated under the laws of the U.S. 
or any State. There are no administrative proceedings that must be 
exhausted prior to any judicial challenge to the provisions of this 
rule.

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments. The review reveals that this regulation would not have 
substantial and direct efforts on Tribal governments or significant 
Tribal implications.

Paperwork Reduction Act

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

Background and Proposed Action

    The Board was initially appointed on July 11, 1991, pursuant to the 
provisions of the Act (7 U.S.C. 6301-6311), and the Order (7 CFR part 
1220) issued thereunder. The Order established an initial Board with 60 
members, composed of soybean producers. 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.

Reapportionment

    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. Section 1220.130 of the 
Order defines a unit as each State, or group of States, which is 
represented on the Board. 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 
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

[[Page 19789]]

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 2018. The total Board 
membership increased from 73 to 78 members, with Alabama, Kentucky, 
North Dakota, South Dakota, and Tennessee each gaining one additional 
member. The final rule was published in the Federal Register (83 FR 
53365) on October 23, 2018. This change was effective with the 2019 
appointments.
    This proposed rule would decrease total membership on the Board 
from 78 to 77. Production data for years 2015-2019 (excluding the crops 
in years in which production was the highest and in which production 
was the lowest in each State) as reported by USDA's National 
Agricultural Statistics Service (NASS). 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
------------------------------------------------------------------------
Alabama...............................               2                1
------------------------------------------------------------------------

    Board adjustments as proposed by this rulemaking would become 
effective, if adopted, with the 2022 appointment process.
    This proposed rule would also correct the number of States and 
units to the Order. During a previous reapportionment, the final rule 
did not account for the change in the number of States and units, as 
New Jersey production levels met the threshold to separate from the 
Eastern Region. Due to that oversight, AMS is making the correction. 
Technical corrections to the regulations would adjust the number of 
States and units from 30 to 31.

Initial Regulatory Flexibility Act

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), AMS considered the economic 
effect of this action on small entities and determined that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. 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.
    Effective November 20, 2019, the Small Business Administration 
(SBA) [13 CFR 121.201] published an interim final rule (84 FR 64013) 
that adjusts the monetary-based size standards for inflation. As a 
result of this rule, the size classification for soybean producers 
changed from sales of $750,000 or less to sales of $1,000,000 or less. 
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 SBA.
    According to USDA's NASS 2017 Census of Agriculture, the number of 
operations in the United States with soybean production totaled 
303,191.\1\ The most recent (2017) Census of Agriculture data show that 
roughly 2 percent of producers with soybean production, or 35,852 
operations, have annual receipts of $1,000,000 or more.\2\ Therefore, 
the vast majority of soybean producers, 98 percent, would be considered 
small businesses with the new SBA guidance. It should be noted that 
producers are only indirectly impacted by the proposed rule.
---------------------------------------------------------------------------

    \1\ https://www.nass.usda.gov/AgCensus/index.php.
    \2\ https://quickstats.nass.usda.gov/results/A2ADD567-7CE0-3063-9BAD-CB6C0D073DDA.
---------------------------------------------------------------------------

    The proposed rule imposes no new burden on the industry, as it only 
adjusts representation on the Board to reflect changes in soybean 
production. The adjustments are required by the Order and would result 
in a decrease in Board membership from 78 to 77.
    AMS is committed to complying with E-Government Act of 2002 to 
promote the use of the internet and other information technologies to 
provide increased opportunities for citizen access to government 
information and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.

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, AMS proposes to amend 7 
CFR part 1220 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, revise paragraph (a) to read as follows:


Sec.  1220.201   Membership of Board.

    (a) For the purposes of nominating and appointing producers to the 
Board, the United States shall be divided into 31 geographic units and 
the number of Board members from each unit, subject to paragraphs (d) 
and (e) of this section shall be as follows:

------------------------------------------------------------------------
                                                             Number of
                       State/unit                             members
------------------------------------------------------------------------
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

[[Page 19790]]

 
Arkansas................................................               3
Virginia................................................               2
Pennsylvania............................................               2
North Carolina..........................................               2
Maryland................................................               2
Louisiana...............................................               2
Alabama.................................................               1
Texas...................................................               1
South Carolina..........................................               1
Oklahoma................................................               1
New York................................................               1
New Jersey..............................................               1
Georgia.................................................               1
Delaware................................................               1
------------------------------------------------------------------------


 
                                                             Number of
                          Unit                                members
------------------------------------------------------------------------
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..........................
------------------------------------------------------------------------

* * * * *

Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2021-07721 Filed 4-14-21; 8:45 am]
BILLING CODE 3410-02-P