[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Proposed Rules]
[Pages 51277-51279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13225]


 ========================================================================
 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. 89, No. 117 / Monday, June 17, 2024 / 
Proposed Rules  

[[Page 51277]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[Doc. No. AMS-LP-23-0079]


Soybean Promotion and Research: Adjustments to Representation on 
the United Soybean Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) proposes to 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 2021. 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. The 
proposed changes would result in a decrease in Board membership for the 
State of North Dakota from 4 members to 3 members and an increase in 
Board membership for the State of New York from 1 member to 2 members, 
thus the total number of Board members would remain at 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 2025.

DATES: Submit comments on or before July 17, 2024.

ADDRESSES: Comments should be posted online at https://www.regulations.gov. Comments received will be posted without change, 
including any personal information provided. All comments should 
reference the docket number AMS-LP-23-0079, the date of submission, and 
the page number of this issue of the Federal Register. Comments may 
also be sent to Jason Julian, Agricultural Marketing Specialist; 
Research and Promotion Division; Livestock and Poultry Program, AMS, 
USDA; Room 2092-S, STOP 0249; 1400 Independence Avenue SW; Washington, 
DC 20250-0249. Comments will be made available for public inspection at 
the above address during regular business hours or via the internet at 
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jason Julian, Research and Promotion 
Division, Telephone: (202) 731-2149; or email at [email protected].

SUPPLEMENTARY INFORMATION:

Executive Orders 12866, 13563, and 14094

    AMS is issuing this proposed rule in conformance with Executive 
Orders (E.O.) 12866, 13563, and 14094. E.O. 12866, 13563, and 14094 
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. E.O. 14094 reaffirms, supplements, and 
updates E.O. 12866 and further directs agencies to solicit and consider 
input from a wide range of affected and interested parties through a 
variety of means. This proposed action falls within a category of 
regulatory actions that the Office of Management and Budget (OMB) 
exempted from E.O. 12866 review.

Executive Order 13175

    This proposed rule has been reviewed under E.O. 13175--Consultation 
and Coordination with Indian Tribal Governments, which requires 
agencies to consider whether their rulemaking actions would have Tribal 
implications. AMS has determined that this proposed rule is unlikely to 
have substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes.

Executive Order 12988

    This proposed rulemaking has been reviewed under E.O. 12988--Civil 
Justice Reform. This rulemaking is not intended to have retroactive 
effect.
    The Act (7 U.S.C. 6309) 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 rulemaking.

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): To the extent practicable, (1) States 
with annual average soybean

[[Page 51278]]

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 1 member on the Board; (2) 
units with at least 3 million bushels, but fewer than 15 million 
bushels shall be entitled to 1 board member; (3) units with 15 million 
bushels or more but fewer than 70 million bushels shall be entitled to 
2 Board members; (4) units with 70 million bushels or more but fewer 
than 200 million bushels shall be entitled to 3 Board members; and (5) 
units with 200 million bushels or more shall be entitled to 4 Board 
members.
    The Board was last reapportioned in 2021. The total Board 
membership decreased from 78 to 77 members, with Alabama decreasing one 
member. The final rule was published in the Federal Register (86 FR 
61668) on November 8, 2021. This change was effective with the 2022 
appointments.
    This proposed rulemaking would keep total membership of the Board 
at 77 members. Production data was used for years 2018-2022 (excluding 
the crops in years in which production was the highest and in which 
production was the lowest in each State) was reported by U.S. 
Department of Agriculture's (USDA) National Agricultural Statistics 
Service (NASS). This change would not affect the number of geographical 
units.
    This proposed rulemaking would adjust representation on the Board 
as follows:

------------------------------------------------------------------------
                                           Current          Proposed
                State                  representation    representation
------------------------------------------------------------------------
New York............................                 1                 2
North Dakota........................                 4                 3
------------------------------------------------------------------------

    Board adjustments as proposed by this rulemaking would become 
effective, if adopted, with the 2025 appointment process.

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 rulemaking 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 August 19, 2019, the Small Business Administration (SBA) 
(13 CFR part 121.201) published an interim final rule (84 FR 34261) 
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 413,358 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 2022 Census of Agriculture, the number of 
operations in the United States with soybean production totaled 
270,851.\1\ The most recent (2022) Census of Agriculture data show that 
roughly 19 percent of producers with soybean production, or 52,756 
operations, have annual receipts of $1,000,000 or more.\2\ Therefore, 
most soybean producers, 81 percent, would be considered small 
businesses with the new SBA guidance. It should be noted that producers 
are only indirectly impacted by the proposed rulemaking.
---------------------------------------------------------------------------

    \1\ https://www.nass.usda.gov/AgCensus/index.php.
    \2\ https://quickstats.nass.usda.gov/results/F0860BE3-0E1F-33B4-8571-74E2B061CBED.
---------------------------------------------------------------------------

    The proposed rulemaking 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 
not result in a change to Board membership, which will remain at 77 
members.
    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 rulemaking.

List of Subjects in 7 CFR Part 1220

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

    For the reasons set forth in the preamble, the Agricultural 
Marketing Service 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. Amend Sec.  1220.201 by revising 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:

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                   State/unit                       Number of members
------------------------------------------------------------------------
South Dakota...................................                        4
Ohio...........................................                        4
Nebraska.......................................                        4
Missouri.......................................                        4
Minnesota......................................                        4
Iowa...........................................                        4

[[Page 51279]]

 
Indiana........................................                        4
Illinois.......................................                        4
North Dakota...................................                        3
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
New York.......................................                        2
Alabama........................................                        1
Texas..........................................                        1
South Carolina.................................                        1
Oklahoma.......................................                        1
New Jersey.....................................                        1
Georgia........................................                        1
Delaware.......................................                        1
Unit:
    Eastern Region (Connecticut, Florida,                              1
     Maine, Massachusetts, New Hampshire, Rhode
     Island, Vermont, West Virginia, District
     of Columbia, and Puerto Rico).............
    Western Region (Alaska, Arizona,                                   1
     California, Colorado, Hawaii, Idaho,
     Montana, Nevada, New Mexico, Oregon, Utah,
     Washington, and Wyoming)..................
------------------------------------------------------------------------

* * * * *

Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-13225 Filed 6-14-24; 8:45 am]
BILLING CODE 3410-02-P