Rule2021-24302
Soybean Promotion and Research: Adjusting Representation on the United Soybean Board
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2021
Effective
December 8, 2021
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This final rule adjusts 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 2018. 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. This change results in a decrease in Board membership for one State (Alabama), decreasing the total number of Board members from 78 to 77. These changes are reflected in the Soybean Promotion and Research Order (Order) and will be effective with the Secretary of Agriculture's (Secretary) appointments for terms in the year 2022. This final rule also corrects the number of States and units to the Order. Technical corrections to the regulations adjust the number of States and units from 30 to 31.
Full Text
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<title>Federal Register, Volume 86 Issue 213 (Monday, November 8, 2021)</title>
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[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61668-61670]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24302]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Document No. AMS-LP-20-0085]
Soybean Promotion and Research: Adjusting 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 on the United
Soybean Board (Board) to reflect changes in production levels that have
occurred since the Board was last reapportioned in 2018. 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. This change results in a decrease in Board membership
for one State (Alabama), decreasing the total number of Board members
from 78 to 77. These changes are reflected in the Soybean Promotion and
Research Order (Order) and will be effective with the Secretary of
Agriculture's (Secretary) appointments for terms in the year 2022. This
final rule also corrects the number of States and units to the Order.
Technical corrections to the regulations adjust the number of States
and units from 30 to 31.
DATES: This rule is effective as of December 8, 2021.
FOR FURTHER INFORMATION CONTACT: Sarah Aswegan, (515) 201-5190;
<a href="/cdn-cgi/l/email-protection#e3b08291828bcda290948684828da396908782cd848c95"><span class="__cf_email__" data-cfemail="37645645565f1976444052505659774244535619505841">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 13563
Executive Orders (E.O.) 12866 and 13563 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. This rule
does not meet the definition of a significant regulatory action
contained in section 3(f) of E.O. 12866 and therefore, the Office of
Management and Budget (OMB) has waived review of this action.
Executive Order 12988
This final rule has been reviewed under E.O. 12988, Civil Justice
Reform. This rule is not intended to have retroactive effect.
Section 11 of the Act (7 U.S.C. 2910) 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
rule.
Executive Order 13175
This proposed rule has been reviewed under E.O. 13175--Consultation
and Coordination with Indian Tribal Governments. E.O. 13175 requires
Federal agencies to consult and coordinate with tribes on a government-
to-government basis on: (1) Policies that have tribal implication,
including regulation, legislative comments, or proposed legislation;
and (2) other policy statements or actions that 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.
AMS has assessed the impact of this proposed rule on Indian tribes
and determined that this rule would not have tribal implications that
require consultation under E.O. 13175. AMS hosts a quarterly
teleconference with tribal leaders where matters of mutual interest
regarding the marketing of agricultural products are discussed.
Information about the proposed regulation has been shared during a
quarterly call, and tribal leaders were informed about the proposed
regulation and the opportunity to submit comments. AMS will work with
the USDA Office of Tribal Relations to ensure meaningful consultation
is provided as needed with regards to the regulations.
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
[[Page 61669]]
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
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): (1) To the extent practicable, States
with annual average soybean 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 one member
on the Board; (2) units with at least 3 million bushels, but fewer than
15 million bushels shall be entitled to one board member; (3) units
with 15 million bushels or more but fewer than 70 million bushels shall
be entitled to two Board members; (4) units with 70 million bushels or
more but fewer than 200 million bushels shall be entitled to three
Board members; and (5) units with 200 million bushels or more shall be
entitled to four Board members.
The Board was last reapportioned in 2018. The total Board
membership increased from 73 to 78 members, with Alabama, Kentucky,
North Dakota, South Dakota, and Tennessee each gaining one additional
member. The final rule was published in the Federal Register (83 FR
53365) on October 23, 2018. This change was effective with the 2019
appointments.
This final rule decreases total membership on the Board from 78 to
77, without affecting the overall number of states and regions. Thus,
this change will not affect the number of geographical units.
This final rule adjusts representation on the Board as follows:
------------------------------------------------------------------------
Current Final
State representation representation
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Alabama............................... 2 1
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Board adjustments by this rulemaking will take effect with the
Secretary's 2022 appointment process.
This final rule also corrects the number of States and units to the
Order. During a previous reapportionment, the final rule did not
account for the change in the number of States and units, as New Jersey
production levels met the threshold to separate from the Eastern
Region. Due to that oversight, AMS is making the correction. Technical
corrections to the regulations adjust the number of States and units
from 30 to 31.
Summary of Comments
A proposed rule was published in the Federal Register (86 FR 19788)
on April 15, 2021, with a 60-day comment period. USDA received 10
comments. The comments communicated displeasure for Alabama's decreased
number from two seats to one seat. The commenters contend that due to
Alabama's lower production levels, compared to the Midwest, the
producers do not have as much of a voice for their state and region.
Given the Southeast's different climate, soil, and production factors,
the commenters feel a second seat would give them stronger
representation to help with issues that are specific to Alabama and the
Southeast. Leaving the Alabama seat at two would not be consistent with
the Act and Order, which requires that at the end of each 3-year
period, the Secretary 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 formula to determine
the number of directors for each unit set forth in Sec. 1220.201(e).
This was done by calculating production data for years 2015-2019
(excluding the crops in years in which production was the highest and
in which production was the lowest in each State) as reported by the
USDA NASS, resulting in a 3-year average for Alabama that fell below
the required amount of bushels to retain two seats under the Order
(Sec. 1220.201(e)(2)). Accordingly, no change is made as a result of
these comments.
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 final
rule would not have a significant economic impact on a substantial
number of small entities. The purpose of 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 November 20, 2019, the Small Business Administration
(SBA) [13 CFR 121.201] published an interim final rule (84 FR 64013)
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 515,008 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 2017 Census of Agriculture, the number of
operations in the United States with soybean production totaled
303,191.\1\ The most recent (2017) Census of Agriculture data show that
roughly 2 percent of producers with soybean production, or 35,852
operations, have annual receipts of $1,000,000 or more.\2\
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\1\ <a href="https://www.nass.usda.gov/AgCensus/index.php">https://www.nass.usda.gov/AgCensus/index.php</a>.
\2\ <a href="https://quickstats.nass.usda.gov/results/A2ADD567-7CE0-3063-9BAD-CB6C0D073DDA">https://quickstats.nass.usda.gov/results/A2ADD567-7CE0-3063-9BAD-CB6C0D073DDA</a>.
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The final rule imposes no new burden on the industry, as it only
adjusts representation on the Board to reflect changes in soybean
production. This adjustment is required by the Order and results in a
decrease in Board membership from 78 to 77. 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 rule.
List of Subjects in 7 CFR Part 1220
Administrative practice and procedure, Advertising, Agricultural
[[Page 61670]]
research, Marketing agreements, Soybeans and soybean products,
Reporting and recordkeeping requirements.
For reasons set forth in the preamble, 7 CFR part 1220 is amended
as follows:
PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
0
1. The authority citation for part 1220 continues to read as follows:
Authority: 7 U.S.C. 6301-6311 and 7 U.S.C. 7401.
0
2. In Sec. 1220.201, revise paragraph (a) to read as follows:
Sec. 1220.201 Membership of board.
(a) For the purpose 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)
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Number of
State/unit members
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South Dakota............................................ 4
Ohio.................................................... 4
North Dakota............................................ 4
Nebraska................................................ 4
Missouri................................................ 4
Minnesota............................................... 4
Iowa.................................................... 4
Indiana................................................. 4
Illinois................................................ 4
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
Alabama................................................. 1
Texas................................................... 1
South Carolina.......................................... 1
Oklahoma................................................ 1
New York................................................ 1
New Jersey.............................................. 1
Georgia................................................. 1
Delaware................................................ 1
Unit:
Eastern Region (Connecticut, Florida, Maine, 1
Massachusetts, New Hampshire, Rhode Island, Vermont,
West Virginia, District of Columbia, and Puerto Rico)
Western Region (Alaska, Arizona, California, Colorado, 1
Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, and Wyoming).......................
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* * * * *
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-24302 Filed 11-5-21; 8:45 am]
BILLING CODE P
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