Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board, 1-2 [2012-31511]
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Rules and Regulations
Federal Register
Vol. 78, No. 1
Wednesday, January 2, 2013
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Doc. No. AMS–LS–12–0022]
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.
Soybean Promotion and Research:
Amend the Order To Adjust
Representation on the United Soybean
Board
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 532
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 2009. 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 Mississippi,
increasing the total number of Board
members from 69 to 70. The change will
be effective for the 2013 nomination and
appointment process.
DATES: Effective Date: January 3, 2012.
FOR FURTHER INFORMATION CONTACT:
Emily DeBord, Agricultural Marketing
Specialist, Marketing Programs
Division, Livestock, Poultry and Seed
Program, AMS, USDA, Room 2628–S,
STOP 0249, 1400 Independence Avenue
SW., Washington, DC 20250–0249;
Telephone 202/690–2611; Fax 202/720–
1125; or email to
Emily.DeBord@ams.usda.gov.
SUMMARY:
RIN 3206–AM59
Prevailing Rate Systems; Abolishment
of the Washington, DC, Special Wage
Schedule for Printing Positions
U.S. Office of Personnel
Management.
ACTION: Correcting amendment.
AGENCY:
The U.S. Office of Personnel
Management published a final rule in
the Federal Register on December 14,
2012, abolishing the Washington, DC,
Federal Wage System special wage
schedule for printing and lithographic
positions. The final rule incorrectly
listed the page number of the interim
rule published on July 13, 2012, in the
words of issuance. This document
corrects this error.
DATES: Effective: January 2, 2013.
FOR FURTHER INFORMATION CONTACT:
Madeline Gonzalez, (202) 606–2838;
email pay-performancepolicy@opm.gov; or FAX: (202) 606–
4264.
SUMMARY:
In a final
rule published in the Federal Register
on December 14, 2012 (77 FR 74347),
the U.S. Office of Personnel
Management (OPM) incorrectly listed
the page number of the interim rule
published on July 13, 2012, as 41427
instead of 41247 in the words of
issuance. The page number is correctly
listed in the supplementary information
of the interim rule. This document
corrects the error.
tkelley on DSK3SPTVN1PROD with
SUPPLEMENTARY INFORMATION:
Office of Personnel Management.
Jerome D. Mikowicz,
Deputy Associate Director for Pay and Leave.
[FR Doc. 2012–31521 Filed 12–31–12; 8:45 am]
BILLING CODE 6325–39–P
VerDate Mar<15>2010
16:06 Dec 31, 2012
Jkt 229001
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
nothing in this subtitle may be
construed to preempt or supersede any
other program relating to soybean
promotion, research, consumer
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
information, or industry information
organized and operated under the laws
of the United States or any State.
The 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
Soybean Promotion, Research, and
Consumer Information Order (Order)
may file a petition with the Secretary of
Agriculture (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 (RFA) (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 2009. 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
E:\FR\FM\02JAR1.SGM
02JAR1
2
Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with
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 30 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
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.
VerDate Mar<15>2010
16:06 Dec 31, 2012
Jkt 229001
The Board was last reapportioned in
2009. The total Board membership
increased from 68 to 69 members, with
Ohio gaining one additional member.
This change was effective with the 2010
appointments.
Currently, the Board has 69 members
representing 30 geographical units. This
membership is based on average
production levels for the years 2004–
2008 (excluding crops in years that
production was the highest and that
production was the lowest) as reported
by the U.S. Department of Agriculture’s
(USDA) National Agricultural Statistics
Service (NASS).
PART 1220—SOYBEAN PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION
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, paragraph (a), the
table is revised to read as follows:
■
§ 1220.201
Membership of board.
(a) * * *
Number of
members
Unit
Comments
A proposed rule was published in the
Federal Register (74 FR 27467) on July
10, 2012, with a 60-day comment
period. USDA received one comment.
The comment mainly addressed food
production in the United States, which
is not relevant to the rulemaking. The
comment also asked that the Board be
reduced from 70 members to five (5)
members. Such a reduction in the
number of members on the Board would
not be consistent with the Act and
Order. Accordingly, no change is made
as a result of this comment.
The increase in representation on the
Board, from 69 to 70 members, is based
on average production levels for the
years 2007–2011 (excluding the crops in
years in which production was the
highest and in which production was
the lowest) as reported by NASS. The
change does not affect the number of
geographical units.
This final rule increases Board
membership from 69 members to 70
members effective with 2013
nominations and appointments.
This final rule adjusts representation
on the Board as follows:
State
Previous
representation
Current
representation
Mississippi ............
2
3
List of Subjects in 7 CFR Part 1220
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 ....................................
4
4
4
4
4
4
3
3
3
3
3
3
3
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) .....
Administrative practice and
procedure; Advertising; Agricultural
research; Marketing agreements;
Soybeans and soybean products; and
Reporting and recordkeeping
requirements.
*
For the reasons set forth in the
preamble, Title 7, part 1220 is amended
as follows:
[FR Doc. 2012–31511 Filed 12–31–12; 8:45 am]
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*
*
*
*
Dated: December 26, 2012.
David R. Shipman,
Administrator.
BILLING CODE 3410–02–P
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02JAR1
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1
]]>Agencies
[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Rules and Regulations]
[Pages 1-2]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31511]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Doc. No. AMS-LS-12-0022]
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 2009. 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
Mississippi, increasing the total number of Board members from 69 to
70. The change will be effective for the 2013 nomination and
appointment process.
DATES: Effective Date: January 3, 2012.
FOR FURTHER INFORMATION CONTACT: Emily DeBord, Agricultural Marketing
Specialist, Marketing Programs Division, Livestock, Poultry and Seed
Program, AMS, USDA, Room 2628-S, STOP 0249, 1400 Independence Avenue
SW., Washington, DC 20250-0249; Telephone 202/690-2611; Fax 202/720-
1125; or email to Emily.DeBord@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
nothing in this subtitle may be construed to preempt or supersede any
other program relating to soybean promotion, research, consumer
information, or industry information organized and operated under the
laws of the United States or any State.
The 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 Soybean Promotion, Research, and Consumer
Information Order (Order) may file a petition with the Secretary of
Agriculture (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 (RFA) (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 2009. 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
[[Page 2]]
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 30 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 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 2009. The total Board
membership increased from 68 to 69 members, with Ohio gaining one
additional member. This change was effective with the 2010
appointments.
Currently, the Board has 69 members representing 30 geographical
units. This membership is based on average production levels for the
years 2004-2008 (excluding crops in years that production was the
highest and that production was the lowest) as reported by the U.S.
Department of Agriculture's (USDA) National Agricultural Statistics
Service (NASS).
Comments
A proposed rule was published in the Federal Register (74 FR 27467)
on July 10, 2012, with a 60-day comment period. USDA received one
comment. The comment mainly addressed food production in the United
States, which is not relevant to the rulemaking. The comment also asked
that the Board be reduced from 70 members to five (5) members. Such a
reduction in the number of members on the Board would not be consistent
with the Act and Order. Accordingly, no change is made as a result of
this comment.
The increase in representation on the Board, from 69 to 70 members,
is based on average production levels for the years 2007-2011
(excluding the crops in years in which production was the highest and
in which production was the lowest) as reported by NASS. The change
does not affect the number of geographical units.
This final rule increases Board membership from 69 members to 70
members effective with 2013 nominations and appointments.
This final rule adjusts representation on the Board as follows:
------------------------------------------------------------------------
Previous Current
State representation representation
------------------------------------------------------------------------
Mississippi............................. 2 3
------------------------------------------------------------------------
List of Subjects in 7 CFR Part 1220
Administrative practice and procedure; Advertising; Agricultural
research; Marketing agreements; Soybeans and soybean products; and
Reporting and recordkeeping requirements.
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 and 7 U.S.C. 7401.
0
2. In Sec. 1220.201, paragraph (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................................................. 3
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: December 26, 2012.
David R. Shipman,
Administrator.
[FR Doc. 2012-31511 Filed 12-31-12; 8:45 am]
BILLING CODE 3410-02-P
