[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Proposed Rules]
[Pages 23393-23394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11105]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 62, No. 83 / Wednesday, April 30, 1997 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[No. LS-97-005]
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 for
certain States on the United Soybean Board (Board) to reflect changes
in production levels that have occurred since the Board was
reapportioned in 1994. These adjustments are required by the Soybean
Promotion and Research Order (Order) and would result in an increase in
Board membership from 59 to 62 effective with the Secretary's 1998
appointments.
DATES: Written comments must be received by May 30, 1997.
ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief;
Marketing Programs Branch; Livestock and Seed Division; Agricultural
Marketing Service (AMS), USDA, Room 2604-S; P.O. Box 96456; Washington,
D.C. 20090-6456, comments will be available for public inspection
during regular business hours at the above office in Room 2606, South
Agricultural Building, 14th and Independence Avenue, SW., Washington,
D.C.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing
Programs Branch, 202/720-1115.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 12988, and Regulatory Flexibility Act
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
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 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 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.
Effect on Small Entities
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 1994. As such, these changes will not impact on
persons subject to the program. There are an estimated 381,000 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 121.601).
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 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. At its March 1997 meeting
the Board voted to recommend to he Secretary that no modification by
made.
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 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.
Current representation on the Board (59), and the number of
geographical units (30), have been based on average production levels
for the years 1989-
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1993 (excluding the crops in years in which production was the highest
and in which production was the lowest) as reported by the National
Agricultural Statistics Service (NASS) of the U.S. Department of
Agriculture.
Proposed representation on the Board (62) is based on average
production levels for the years 1992-1996 (excluding the crops in years
in which production was the highest and in which production was the
lowest) as reported by NASS.
The number of geographical units would remain at 30.
This proposed rule would adjust representation on the Board as
follows:
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Current Proposed
State representation representation
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Indiana................................. 3 4
Minnesota............................... 3 4
South Dakota............................ 2 3
North Dakota............................ 1 2
Virginia................................ 2 1
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Board adjustment as proposed by this rulemaking would be effective,
if adopted, with the 1998 nominations and appointments.
List of Subjects in 7 CFR 1220
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Reporting and recordkeeping
requirements, Soybeans and soybean products.
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
1. The authority citation for 7 CFR part 1220 continues to read as
follows:
Authority: 7 U.S.C. 6301-6311.
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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Unit Number of members
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Illinois 4
Iowa........................................... 4
Minnesota...................................... 4
Indiana........................................ 4
Missouri....................................... 3
Ohio........................................... 3
Arkansas....................................... 3
Nebraska....................................... 3
South Dakota................................... 3
Mississippi.................................... 2
Kansas......................................... 2
Louisiana...................................... 2
Tennessee...................................... 2
North Carolina................................. 2
Kentucky....................................... 2
Michigan....................................... 2
North Dakota................................... 2
Maryland....................................... 2
Wisconsin...................................... 2
Virginia....................................... 1
Georgia........................................ 1
South Carolina................................. 1
Alabama........................................ 1
Delaware....................................... 1
Texas.......................................... 1
Pennsylvania................................... 1
Oklahoma....................................... 1
New Jersey..................................... 1
Eastern Region (New York, Massachusetts,
Connecticut, Florida, Rhode Island, Vermont,
New Hampshire, Maine, West Virginia, District
of Columbia, and Puerto Rico.................. 1
Western Region (Montana, Wy-oming, Colorado,
New Mexico, Idaho, Utah, Arizona, Wash-ington,
Oregon, Nevada, California, Hawaii, and
Alaska)....................................... 1
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Dated: April 24, 1997.
Barry L. Carpenter,
Director, Livestock and Seed Division.
[FR Doc 97-11105 Filed 4-29-97; 8:45 am]
BILLING CODE 3410-02-P
