Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board, 62675-62676 [E9-28729]
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62675
Rules and Regulations
Federal Register
Vol. 74, No. 229
Tuesday, December 1, 2009
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
[Doc. No. AMS–LS–09–0026]
Soybean Promotion and Research:
Amend the Order To Adjust
Representation on the United Soybean
Board
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Final rule.
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
reapportioned in 2006. As required by
the Soybean Promotion, Research, and
Consumer Information Act (Act),
membership is reviewed every 3 years
and adjustments are made accordingly.
This change results in an increase in
Board membership for Ohio, increasing
the total number of Board members from
68 to 69. The change will be effective for
the 2010 nomination and appointment
process.
DATES: Effective Date: December 31,
2009.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Payne, Chief, Marketing
Programs Branch, Livestock and Seed
Program, AMS, USDA, Room 2628–S,
STOP 0251, 1400 Independence
Avenue, SW., Washington, DC 20250–
0251; Telephone 202/720–1115; Fax
202/720–1125; or e-mail to
Kenneth.Payne@ams.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.
VerDate Nov<24>2008
16:14 Nov 30, 2009
Jkt 220001
Executive Order 12988
This rule was reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have a
retroactive effect.
The Soybean Promotion, Research,
and Consumer Information Act (Act)
provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
§ 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 2006. 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 589,182
soybean producers and an estimated
10,000 first purchasers who collect
assessments, most of whom would be
considered small businesses under the
criteria established by the Small
Business Administration (SBA) [13 CFR
121.201]. SBA defines small agricultural
producers as those having annual
receipts of less than $750,000, and small
agricultural firms as those having
annual receipts of less than $7,000,000.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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
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
E:\FR\FM\01DER1.SGM
01DER1
62676
Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations
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.
The Board was last reapportioned in
2006. The total Board membership
increased from 64 to 68 members, with
Nebraska, North Dakota, Pennsylvania,
and Virginia each gaining one
additional member. Additionally,
Florida was grouped with the Eastern
Region due to lower production levels.
These changes were effective with the
2007 appointments.
Currently, the Board has 68 members
representing 30 geographical units. This
membership is based on average
production levels for the years 2001–
2005 (excluding crops in years that
production was the highest and that
production was the lowest) as reported
by USDA’s National Agricultural
Statistics Service (NASS).
mstockstill on DSKH9S0YB1PROD with RULES
Comments
A proposed rule was published in the
Federal Register (74 FR 27467) on June
10, 2009, with a 60-day comment
period. The Department received one
comment. The commenter was of the
view that taxpayers should hold 51
percent of all seats on the Board. In
accordance with the Act, members of
the Board are soybean producers, who
may include individuals or other
entities. Accordingly, no change is made
as a result of this comment.
The increase in representation on the
Board, from 68 to 69 members, is based
on average production levels for the
years 2004–2008 (excluding the crops in
years in which production was the
highest and in which production was
the lowest) as reported by USDA’s
National Agricultural Statistics Service.
The change does not affect the number
of geographical units.
This final rule increases Board
membership from 68 members to 69
members effective with 2010
nominations and appointments.
This final rule adjusts representation
on the Board as follows:
State
Previous representation
Ohio ..
Current representation
3
VerDate Nov<24>2008
16:14 Nov 30, 2009
Jkt 220001
NUCLEAR REGULATORY
COMMISSION
For the reasons set forth in the
preamble, it is proposed that Title 7,
part 1220 be amended as follows:
[NRC–2009–0397]
10 CFR Chapter I
■
RIN 3150–AI73
Administrative Changes: Clarification
of the Location of Guidance for
Electronic Submission and Other
Miscellaneous Corrections
PART 1220—SOYBEAN PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION
AGENCY: Nuclear Regulatory
Commission.
ACTION: Final rule.
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.
2. In § 1220.201(a), the table is revised
to read as follows:
§ 1220.201
Membership of board.
(a) * * *
Number of
members
Unit
Illinois ..........................................
Iowa ............................................
Minnesota ...................................
Indiana ........................................
Nebraska ....................................
Ohio ............................................
Missouri ......................................
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 ....................................
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) .....
*
4
List of Subjects in 7 CFR 1220
Administrative practice and
procedure, Advertising, Agricultural
research, Marketing agreements,
Soybeans and soybean products,
Reporting and recordkeeping
requirements.
*
*
*
4
4
4
4
4
4
3
3
3
3
3
3
2
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
*
Dated: November 24, 2009.
Rayne Pegg,
Administrator.
[FR Doc. E9–28729 Filed 11–30–09; 8:45 am]
BILLING CODE P
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
regulations to clarify where persons may
obtain detailed guidance for making
electronic submissions to the NRC, as
well as to make other miscellaneous
corrections. This document is necessary
to inform the public of these changes to
the NRC’s regulations.
DATES: Effective date: This rule is
effective December 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Angella Love Blair, Rulemaking and
Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone 301–492–3671, e-mail
angella.love-blair@nrc.gov.
ADDRESSES: You can access publicly
available documents related to this
document using the following methods:
Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
[NRC–2009–0397]. Address questions
about NRC dockets to Carol Gallagher at
301–492–3668, e-mail
Carol.Gallagher@nrc.gov.
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\01DER1.SGM
01DER1
]]>Agencies
[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Rules and Regulations]
[Pages 62675-62676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28729]
========================================================================
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. 74, No. 229 / Tuesday, December 1, 2009 /
Rules and Regulations
[[Page 62675]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Doc. No. AMS-LS-09-0026]
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 on the United
Soybean Board (Board) to reflect changes in production levels that have
occurred since the Board was reapportioned in 2006. As required by the
Soybean Promotion, Research, and Consumer Information Act (Act),
membership is reviewed every 3 years and adjustments are made
accordingly. This change results in an increase in Board membership for
Ohio, increasing the total number of Board members from 68 to 69. The
change will be effective for the 2010 nomination and appointment
process.
DATES: Effective Date: December 31, 2009.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing
Programs Branch, Livestock and Seed Program, AMS, USDA, Room 2628-S,
STOP 0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251;
Telephone 202/720-1115; Fax 202/720-1125; or e-mail to
Kenneth.Payne@ams.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.
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.
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 2006. 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 589,182 soybean producers and an estimated
10,000 first purchasers who collect assessments, most of whom would be
considered small businesses under the criteria established by the Small
Business Administration (SBA) [13 CFR 121.201]. SBA defines small
agricultural producers as those having annual receipts of less than
$750,000, and small agricultural firms as those having annual receipts
of less than $7,000,000.
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
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
[[Page 62676]]
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.
The Board was last reapportioned in 2006. The total Board
membership increased from 64 to 68 members, with Nebraska, North
Dakota, Pennsylvania, and Virginia each gaining one additional member.
Additionally, Florida was grouped with the Eastern Region due to lower
production levels. These changes were effective with the 2007
appointments.
Currently, the Board has 68 members representing 30 geographical
units. This membership is based on average production levels for the
years 2001-2005 (excluding crops in years that production was the
highest and that production was the lowest) as reported by USDA's
National Agricultural Statistics Service (NASS).
Comments
A proposed rule was published in the Federal Register (74 FR 27467)
on June 10, 2009, with a 60-day comment period. The Department received
one comment. The commenter was of the view that taxpayers should hold
51 percent of all seats on the Board. In accordance with the Act,
members of the Board are soybean producers, who may include individuals
or other entities. Accordingly, no change is made as a result of this
comment.
The increase in representation on the Board, from 68 to 69 members,
is based on average production levels for the years 2004-2008
(excluding the crops in years in which production was the highest and
in which production was the lowest) as reported by USDA's National
Agricultural Statistics Service. The change does not affect the number
of geographical units.
This final rule increases Board membership from 68 members to 69
members effective with 2010 nominations and appointments.
This final rule adjusts representation on the Board as follows:
------------------------------------------------------------------------
Previous Current
State representation representation
------------------------------------------------------------------------
Ohio................................ 3 4
------------------------------------------------------------------------
List of Subjects in 7 CFR 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, it is proposed that Title 7,
part 1220 be 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 and 7 U.S.C. 7401.
2. In Sec. 1220.201(a), the table 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
Ohio........................................................ 4
Missouri.................................................... 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
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 24, 2009.
Rayne Pegg,
Administrator.
[FR Doc. E9-28729 Filed 11-30-09; 8:45 am]
BILLING CODE P
