[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) * * *

------------------------------------------------------------------------
                                                                 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).............................
------------------------------------------------------------------------

* * * * *

    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