Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board, 69429-69430 [E6-20314]
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69429
Rules and Regulations
Federal Register
Vol. 71, No. 231
Friday, December 1, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
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
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
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 email at Kenneth.Payne@usda.gov.
SUPPLEMENTARY INFORMATION:
rmajette on PROD1PC67 with RULES1
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
VerDate Aug<31>2005
13:12 Nov 30, 2006
Jkt 211001
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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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
§ 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
E:\FR\FM\01DER1.SGM
01DER1
69430
Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Rules and Regulations
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
representation
State
Nebraska ..........
North Dakota ....
Pennsylvania ....
Virginia ..............
4
3
2
2
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.
I For the reasons set forth in the
preamble, Title 7, part 1220 is amended
as follows:
PART 1220—SOYBEAN PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION
4
3
3
3
3
3
3
3
2
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
Number
of
members
Unit
Eastern Region (Massachusetts,
New Jersey Connecticut, Florida, Rhode Island, Vermont,
New Hampshire, Maine, West
Virginia, District of Columbia,
and Puerto Rico ........................
Western Region (Montana, Wyoming, Colorado, New Mexico,
Idaho, Utah, Arizona, Washington, Oregon, Nevada, California, Hawaii, and Alaska) .......
*
*
*
*
1
1
*
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
1. The authority citation for 7 CFR
part 1220 continues to read as follows:
I
NUCLEAR REGULATORY
COMMISSION
Authority: 7 U.S.C. 6301–6311.
10 CFR Part 70
2. In § 1220.201, the table
immediately following paragraph (a) is
revised to read as follows:
I
§ 1220.201
Nebraska ......................................
Missouri ........................................
Ohio ..............................................
Arkansas .......................................
South Dakota ................................
Kansas ..........................................
Michigan .......................................
North Dakota ................................
Mississippi ....................................
Louisiana ......................................
Tennessee ....................................
North Carolina ..............................
Kentucky .......................................
Pennsylvania ................................
Virginia ..........................................
Maryland .......................................
Wisconsin .....................................
Georgia .........................................
South Carolina ..............................
Alabama ........................................
Delaware .......................................
Texas ............................................
Oklahoma .....................................
New York ......................................
Current
representation
3
2
1
1
Number
of
members
Unit
BILLING CODE 7590–01–P
Facility Change Process Involving
Items Relied on for Safety:
Confirmation of Effective Date
(a) * * *
FEDERAL RESERVE SYSTEM
Nuclear Regulatory
Commission.
ACTION: Direct final rule: Confirmation
of effective date.
[Regulation E; Docket No. R–1265]
rmajette on PROD1PC67 with RULES1
AGENCY:
Number
of
members
Illinois ............................................
Iowa ..............................................
Minnesota .....................................
Indiana ..........................................
VerDate Aug<31>2005
13:12 Nov 30, 2006
Jkt 211001
Dated at Rockville, Maryland, this 27th day
of November, 2006.
For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rulemaking, Directives, and Editing
Branch, Division of Administrative Services,
Office of Administration.
[FR Doc. E6–20321 Filed 11–30–06; 8:45 am]
RIN 3150–AH96
Membership of board.
Unit
the direct final rule that was published
in the Federal Register on September
27, 2006 (71 FR 56344). This direct final
rule amended the NRC’s regulations to
clarify a requirement pertaining to items
relied on for safety (IROFS). This
rulemaking corrected an inconsistency
in the regulations pertaining to IROFS.
DATES: The direct final rule published at
71 FR 56344, Sept. 27, 2006 is effective
December 11, 2006.
ADDRESSES: Documents related to this
rulemaking, including comments
received, may be examined at the NRC
Public Document Room, Room O–1F23,
11555 Rockville Pike, Rockville, MD.
These same documents may also be
viewed and downloaded electronically
via the rulemaking Web site (https://
ruleforum.llnl.gov). For information
about the interactive rulemaking Web
site, contact Ms. Carol Gallagher (301)
415–5905; e-mail CAG@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Anthony N. Tse, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, telephone (301) 415–6233 (email: ant@nrc.gov).
SUPPLEMENTARY INFORMATION: On
September 27, 2006 (71 FR 56344), the
NRC published in the Federal Register
a direct final rule amending its
regulations in 10 CFR part 70 to clarify
a requirement pertaining to items relied
on for safety (IROFS). In the direct final
rule, NRC stated that if no significant
adverse comments were received, the
direct final rule would become final on
December 11, 2006. The NRC did not
receive any comments that warranted
withdrawal of the direct final rule.
Therefore, this rule will become
effective as scheduled.
4
4
4
4
SUMMARY: The Nuclear Regulatory
Commission (NRC) is confirming the
effective date of December 11, 2006, for
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
12 CFR Part 205
Electronic Fund Transfers
Board of Governors of the
Federal Reserve System.
ACTION: Final rule; official staff
interpretation.
AGENCY:
E:\FR\FM\01DER1.SGM
01DER1
]]>Agencies
[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Rules and Regulations]
[Pages 69429-69430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20314]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 /
Rules and Regulations
[[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
------------------------------------------------------------------------
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
