Proposed Rule2024-13225
Soybean Promotion and Research: Adjustments to Representation on the United Soybean Board
Primary source
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Published
June 17, 2024
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) proposes to adjust 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 2021. 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. The proposed changes would result in a decrease in Board membership for the State of North Dakota from 4 members to 3 members and an increase in Board membership for the State of New York from 1 member to 2 members, thus the total number of Board members would remain at 77. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective with the Secretary of Agriculture's (Secretary) appointments for terms in the year 2025.
Full Text
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<title>Federal Register, Volume 89 Issue 117 (Monday, June 17, 2024)</title>
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[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Proposed Rules]
[Pages 51277-51279]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13225]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 89, No. 117 / Monday, June 17, 2024 /
Proposed Rules
[[Page 51277]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Doc. No. AMS-LP-23-0079]
Soybean Promotion and Research: Adjustments to Representation on
the United Soybean Board
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to adjust
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 2021. 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. The
proposed changes would result in a decrease in Board membership for the
State of North Dakota from 4 members to 3 members and an increase in
Board membership for the State of New York from 1 member to 2 members,
thus the total number of Board members would remain at 77. These
changes would be reflected in the Soybean Promotion and Research Order
(Order) and would be effective with the Secretary of Agriculture's
(Secretary) appointments for terms in the year 2025.
DATES: Submit comments on or before July 17, 2024.
ADDRESSES: Comments should be posted online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments received will be posted without change,
including any personal information provided. All comments should
reference the docket number AMS-LP-23-0079, the date of submission, and
the page number of this issue of the Federal Register. Comments may
also be sent to Jason Julian, Agricultural Marketing Specialist;
Research and Promotion Division; Livestock and Poultry Program, AMS,
USDA; Room 2092-S, STOP 0249; 1400 Independence Avenue SW; Washington,
DC 20250-0249. Comments will be made available for public inspection at
the above address during regular business hours or via the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jason Julian, Research and Promotion
Division, Telephone: (202) 731-2149; or email at <a href="/cdn-cgi/l/email-protection#523833213d3c7c38273e3b333c12272136337c353d24"><span class="__cf_email__" data-cfemail="660c07150908480c130a0f0708261315020748010910">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866, 13563, and 14094
AMS is issuing this proposed rule in conformance with Executive
Orders (E.O.) 12866, 13563, and 14094. E.O. 12866, 13563, and 14094
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. E.O. 14094 reaffirms, supplements, and
updates E.O. 12866 and further directs agencies to solicit and consider
input from a wide range of affected and interested parties through a
variety of means. This proposed action falls within a category of
regulatory actions that the Office of Management and Budget (OMB)
exempted from E.O. 12866 review.
Executive Order 13175
This proposed rule has been reviewed under E.O. 13175--Consultation
and Coordination with Indian Tribal Governments, which requires
agencies to consider whether their rulemaking actions would have Tribal
implications. AMS has determined that this proposed rule is unlikely to
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.
Executive Order 12988
This proposed rulemaking has been reviewed under E.O. 12988--Civil
Justice Reform. This rulemaking is not intended to have retroactive
effect.
The Act (7 U.S.C. 6309) 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 rulemaking.
Paperwork Reduction Act
In accordance with OMB regulations (5 CFR part 1320) that implement
the Paperwork Reduction Act of 1995 (44 U.S.C. part 35), the
information collection and recordkeeping 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 and Proposed Action
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): To the extent practicable, (1) States
with annual average soybean
[[Page 51278]]
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 1 member on the Board; (2)
units with at least 3 million bushels, but fewer than 15 million
bushels shall be entitled to 1 board member; (3) units with 15 million
bushels or more but fewer than 70 million bushels shall be entitled to
2 Board members; (4) units with 70 million bushels or more but fewer
than 200 million bushels shall be entitled to 3 Board members; and (5)
units with 200 million bushels or more shall be entitled to 4 Board
members.
The Board was last reapportioned in 2021. The total Board
membership decreased from 78 to 77 members, with Alabama decreasing one
member. The final rule was published in the Federal Register (86 FR
61668) on November 8, 2021. This change was effective with the 2022
appointments.
This proposed rulemaking would keep total membership of the Board
at 77 members. Production data was used for years 2018-2022 (excluding
the crops in years in which production was the highest and in which
production was the lowest in each State) was reported by U.S.
Department of Agriculture's (USDA) National Agricultural Statistics
Service (NASS). This change would not affect the number of geographical
units.
This proposed rulemaking would adjust representation on the Board
as follows:
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Current Proposed
State representation representation
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New York............................ 1 2
North Dakota........................ 4 3
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Board adjustments as proposed by this rulemaking would become
effective, if adopted, with the 2025 appointment process.
Initial 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
proposed rulemaking would not have a significant economic impact on a
substantial number of small entities. 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.
Effective August 19, 2019, the Small Business Administration (SBA)
(13 CFR part 121.201) published an interim final rule (84 FR 34261)
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 413,358 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 2022 Census of Agriculture, the number of
operations in the United States with soybean production totaled
270,851.\1\ The most recent (2022) Census of Agriculture data show that
roughly 19 percent of producers with soybean production, or 52,756
operations, have annual receipts of $1,000,000 or more.\2\ Therefore,
most soybean producers, 81 percent, would be considered small
businesses with the new SBA guidance. It should be noted that producers
are only indirectly impacted by the proposed rulemaking.
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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/F0860BE3-0E1F-33B4-8571-74E2B061CBED">https://quickstats.nass.usda.gov/results/F0860BE3-0E1F-33B4-8571-74E2B061CBED</a>.
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The proposed rulemaking imposes no new burden on the industry, as
it only adjusts representation on the Board to reflect changes in
soybean production. The adjustments are required by the Order and would
not result in a change to Board membership, which will remain at 77
members.
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 rulemaking.
List of Subjects in 7 CFR Part 1220
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Reporting and recordkeeping
requirements, Soybeans.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 1220 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 and 7 U.S.C. 7401.
0
2. Amend Sec. 1220.201 by revising paragraph (a) to read as follows:
Sec. 1220.201 Membership of Board.
(a) For the purposes 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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State/unit Number of members
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South Dakota................................... 4
Ohio........................................... 4
Nebraska....................................... 4
Missouri....................................... 4
Minnesota...................................... 4
Iowa........................................... 4
[[Page 51279]]
Indiana........................................ 4
Illinois....................................... 4
North Dakota................................... 3
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
New York....................................... 2
Alabama........................................ 1
Texas.......................................... 1
South Carolina................................. 1
Oklahoma....................................... 1
New Jersey..................................... 1
Georgia........................................ 1
Delaware....................................... 1
Unit:
Eastern Region (Connecticut, Florida, 1
Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont, West Virginia, District
of Columbia, and Puerto Rico).............
Western Region (Alaska, Arizona, 1
California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming)..................
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* * * * *
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-13225 Filed 6-14-24; 8:45 am]
BILLING CODE 3410-02-P
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