[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Rules and Regulations]
[Page 57326-57327]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-3]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[No. LS-03-03]
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 for certain
States on the United Soybean Board (Board) to reflect changes in
production levels that have occurred since the last time the Board was
reapportioned in 2000. These adjustments are required by the Soybean
Promotion and Research Order (Order). The results of the adjustments
are an additional member for Maryland and Michigan. New York is no
longer part of the Eastern Region unit. The State has sufficient
soybean production to qualify as a separate State unit with one
representative on the Board. New Jersey is merged into the Eastern
Region unit. The State no longer has sufficient soybean production to
be a separate State unit. As a result of these changes, the total Board
membership increases from 62 members to 64 members. These changes to
the Board are effective with the Secretary of Agriculture's 2004
appointments.
EFFECTIVE DATE: November 3, 2003.
FOR FURTHER INFORMATION: Kenneth R. Payne, Chief; Marketing Programs
Branch; Livestock and Seed Program; Agricultural Marketing Service
(AMS), USDA, Room 2638-S; STOP 0251; 1400 Independence Avenue, SW.;
Washington, DC 20250-0251; telephone 202/720-1115.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action.
Executive Orders 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have a retroactive
effect. This rule would not preempt any State or local laws,
regulations, or policies unless they present an irreconcilable conflict
with this rule.
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 Department of Agriculture (Department)
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 their principal place of business, has 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 Administrator of AMS 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 merely adjusts representation on the Board to reflect
changes in production levels that have occurred since the Board was
reapportioned in 2000. As such, these changes will not have an impact
on those persons subject to the program. There are an estimated 600,813
soybean producers who pay assessments and an estimated 10,000 first
purchasers who collect assessments, most of whom would be considered
small entities under the criteria established by the Small Business
Administration (13 CFR 121.201).
Paperwork Reduction Act
In accordance with OMB regulations (5 CFR part 1320), which
implements the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35),
the information collection requirements and recordkeeping requirements
contained in the Order have been previously approved by OMB under OMB
control number 0581-0093.
[[Page 57327]]
Background and 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 a
Board of 60 members. For purposes of establishing the Board, the United
States was 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 domestic 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 modification in the levels of production necessary for
Board membership for each unit. At its March 2003 meeting the Board
decided not to recommend any changes to 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 3,000,000 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.
A proposed rule was published in the Federal Register (68 FR 35825)
on June 17, 2003, with a 60-day comment period. The Department received
one comment from an individual who, while opposed to the proposal, did
not address the proposed changes to the representation on the Board.
Based on the requirements of the Act and Order, AMS is adjusting
representation on the Board as proposed. Maryland and Michigan will
each gain an additional member. New York will no longer be part of the
Eastern Region unit because the State has sufficient soybean production
to qualify as a separate State unit with one representative on the
Board. New Jersey will lose its only member because the State no longer
has sufficient soybean production to be a separate State unit. New
Jersey is merged into the Eastern Region unit, and will be represented
on the Board by the Eastern Region's representative. There are no
adjustments to the other States or regions.
This final rule will increase Board membership from 62 members to
64 members effective with the 2004 nominations and appointments. The
number of geographical units will remain at 30.
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.
0
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.
0
2. In Sec. 1220.201, the table in paragraph (a) is revised to read as
follows:
Sec. 1220.201 Membership of board.
(a) * * *
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No. of
Unit members
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Illinois..................................................... 4
Iowa......................................................... 4
Minnesota.................................................... 4
Indiana...................................................... 4
Missouri..................................................... 3
Ohio......................................................... 3
Arkansas..................................................... 3
Nebraska..................................................... 3
South Dakota................................................. 3
Kansas....................................................... 3
Michigan..................................................... 3
Mississippi.................................................. 2
Louisiana.................................................... 2
Tennessee.................................................... 2
North Carolina............................................... 2
Kentucky..................................................... 2
North Dakota................................................. 2
Wisconsin.................................................... 2
Maryland..................................................... 2
Virginia..................................................... 1
Georgia...................................................... 1
South Carolina............................................... 1
Alabama...................................................... 1
Delaware..................................................... 1
Texas........................................................ 1
Pennsylvania................................................. 1
Oklahoma..................................................... 1
New York..................................................... 1
Eastern Region (New Jersey, Massachusetts, 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: September 29, 2003
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-25113 Filed 10-2-03; 8:45 am]
BILLING CODE 3410-02-P