[Federal Register: December 1, 2006 (Volume 71, Number 231)]
[Rules and Regulations]
[Page 69429-69430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de06-1]
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Rules and Regulations
Federal Register
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[[Page 69429]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Docket No. LS-06-01]
Soybean Promotion and Research: Amend the Order To Adjust
Representation on the United Soybean Board
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
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 Board was reapportioned
in 2003, which became effective with 2004 nominations. These
adjustments are required by the Soybean Promotion and Research Order
(Order) and would result in an increase in Board membership from 64 to
68 effective with the Secretary's 2007 nominations and appointments.
EFFECTIVE DATE: January 2, 2007.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief; Marketing
Programs Branch; Agricultural Marketing Service (AMS), USDA, room 2638-
S; STOP 0251; 1400 Independence Avenue, SW.; Washington, DC 20250-0251;
telephone 202-720-1115 or via e-mail at Kenneth.Payne@usda.gov.
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. 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 section 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 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 (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 2003. 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 663,800 soybean producers and an estimated
10,000 first purchasers who collect the assessment, most of whom would
be considered small entities under the criteria established by the
Small Business Administration (13 CFR 121.601).
Paperwork Reduction Act
In accordance with OMB regulations [5 CFR part 1320] that implement
the Paperwork Reduction Act of 1995 [44 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 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 a
Board of 60 members. For purposes of establishing the Board, the United
States was originally 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 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
[[Page 69430]]
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 (71 FR 41741)
on July 24, 2006, with a 30-day comment period. The Department received
no comments.
The increase in representation on the Board, from 64 to 68 members,
is based on average production levels for the years 2001-2005
(excluding the crops in years in which production was the highest and
in which production was the lowest) as reported by the Department of
Agriculture's National Agricultural Statistics Service in the ``Crop
Production 2005 Summary'', which was published in January 2006.
The number of geographical units remains at 30. This final rule
increases Board membership from 64 members to 68 members effective with
2007 nominations and appointments.
This final rule adjusts representation on the Board as follows:
------------------------------------------------------------------------
Previous Current
State representation representation
------------------------------------------------------------------------
Nebraska................................ 3 4
North Dakota............................ 2 3
Pennsylvania............................ 1 2
Virginia................................ 1 2
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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,
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 immediately following paragraph (a) is
revised to read as follows:
Sec. 1220.201 Membership of board.
(a) * * *
------------------------------------------------------------------------
Number of
Unit members
------------------------------------------------------------------------
Illinois..................................................... 4
Iowa......................................................... 4
Minnesota.................................................... 4
Indiana...................................................... 4
Nebraska..................................................... 4
Missouri..................................................... 3
Ohio......................................................... 3
Arkansas..................................................... 3
South Dakota................................................. 3
Kansas....................................................... 3
Michigan..................................................... 3
North Dakota................................................. 3
Mississippi.................................................. 2
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
------------------------------------------------------------------------
------------------------------------------------------------------------
Number of
Unit members
------------------------------------------------------------------------
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).............................
------------------------------------------------------------------------
* * * * *
Dated: November 27, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-20314 Filed 11-30-06; 8:45 am]
BILLING CODE 3410-02-P