Soybean Promotion and Research: Adjusting Representation on the United Soybean Board, 61668-61670 [2021-24302]
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
avoid detection or apprehension.
Amendment of the records could interfere
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after an investigation has been completed
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homeland security.
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Necessity of Information) because in the
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Information from Individuals) because
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(e) From subsection (e)(3) (Notice to
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by compromising the existence of a
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identity of witnesses or confidential
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(f) From subsections (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (Agency Requirements) and (f)
(Agency Rules), because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
noted above, and therefore DHS is not
required to establish requirements, rules, or
procedures with respect to such access.
Providing notice to individuals with respect
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the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
(g) From subsection (e)(5) (Collection of
Information) because with the collection of
information for law enforcement purposes, it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
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(i) From subsection (g)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2021–24328 Filed 11–5–21; 8:45 am]
BILLING CODE 9111–28–P
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
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
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;
Sarah.Aswegan@usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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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 governmentto-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
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
requirements contained in the Order
and accompanying Rules and
Regulations have previously been
approved by OMB and were assigned
OMB control number 0581–0093.
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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
§ 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
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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:
State
Current
representation
Final
representation
Alabama ....
2
1
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
§ 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
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61669
NASS, resulting in a 3-year average for
Alabama that fell below the required
amount of bushels to retain two seats
under the Order (§ 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
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 EGovernment 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
1 https://www.nass.usda.gov/AgCensus/
index.php.
2 https://quickstats.nass.usda.gov/results/
A2ADD567-7CE0-3063-9BAD-CB6C0D073DDA.
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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
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:
[FR Doc. 2021–24302 Filed 11–5–21; 8:45 am]
13 CFR Parts 124, 125, 126, and 127
RIN 3245–AH27
Authority: 7 U.S.C. 6301–6311 and 7
U.S.C. 7401.
National Defense Authorization Act of
2020, Definition of Surviving Spouse
for Service-Disabled Veteran-Owned
Small Businesses and Change to 8(a)
Business Development Contracting
Thresholds
2. In § 1220.201, revise paragraph (a)
to read as follows:
■
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
members
4
4
4
4
4
4
4
4
4
3
3
3
3
3
3
3
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
Jkt 256001
*
SMALL BUSINESS ADMINISTRATION
1. The authority citation for part 1220
continues to read as follows:
South Dakota ..................................
Ohio .................................................
North Dakota ...................................
Nebraska .........................................
Missouri ...........................................
Minnesota ........................................
Iowa .................................................
Indiana .............................................
Illinois ..............................................
Wisconsin ........................................
Tennessee .......................................
Mississippi .......................................
Michigan ..........................................
Kentucky ..........................................
Kansas ............................................
Arkansas .........................................
Virginia ............................................
Pennsylvania ...................................
North Carolina .................................
Maryland ..........................................
Louisiana .........................................
Alabama ..........................................
Texas ...............................................
South Carolina ................................
Oklahoma ........................................
New York .........................................
New Jersey .....................................
Georgia ............................................
Delaware .........................................
Unit:
Eastern Region (Connecticut,
Florida, Maine, Massachusetts,
New Hampshire, Rhode Island,
Vermont, West Virginia, District
of Columbia, and Puerto Rico)
Western Region (Alaska, Arizona,
California, Colorado, Hawaii,
Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming) ..............
*
BILLING CODE P
■
State/unit
*
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
PART 1220—SOYBEAN PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION
§ 1220.201
*
U.S. Small Business
Administration.
ACTION: Direct final rule.
AGENCY:
This rule makes technical
changes to regulations issued by the
U.S. Small Business Administration
(SBA) to conform those regulations to
recent statutory changes. First, the rule
incorporates a required change to SBA’s
ownership requirements for small
business concerns owned and
controlled by service-disabled veterans.
The rule adopts changes to the
treatment of certain surviving spouses
made by the National Defense
Authorization Act of 2020. In addition,
the rule incorporates changes to the
dollar thresholds for certain contracting
actions authorized for the 8(a) Business
Development (BD) program made by the
National Defense Authorization Act of
2020. Finally, the rule adjusts the
competitive threshold dollar levels
authorized for SBA’s contracting
programs to changes made to the
Federal Acquisition Regulation (FAR)
due to inflation.
DATES: This rule is effective on February
7, 2022, without further action, unless
significant adverse comment is received
by December 8, 2021. If significant
adverse comment is received, SBA will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: You may submit comments,
identified by RIN 3245–AH27, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• For mail, paper, disk, or CD–ROM
submissions: Donna Fudge, U.S. Small
Business Administration, Office of
Policy, Planning and Liaison, 409 Third
Street SW, 8th Floor, Washington, DC
20416.
SUMMARY:
PO 00000
Frm 00006
Fmt 4700
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• Hand Delivery/Courier: Donna
Fudge, U.S. Small Business
Administration, Office of Policy,
Planning and Liaison, 409 Third Street
SW, 8th Floor, Washington, DC 20416.
SBA will post all comments on
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at www.regulations.gov, please
submit the information to Donna Fudge,
U.S. Small Business Administration,
Office of Policy, Planning and Liaison,
409 Third Street SW, 8th Floor,
Washington, DC 20416, or send an email
to donna.fudge@sba.gov. Highlight the
information that you consider to be CBI
and explain why you believe SBA
should hold this information as
confidential. SBA will review the
information and make the final
determination on whether it will
publish the information.
FOR FURTHER INFORMATION CONTACT:
Donna Fudge, Procurement Analyst,
Office of Policy, Planning and Liaison,
U.S. Small Business Administration,
409 Third Street SW, Washington, DC
20416; donna.fudge@sba.gov.
SUPPLEMENTARY INFORMATION: On
December 20, 2019, the National
Defense Authorization Act for Fiscal
Year 2020 (NDAA 2020), Public Law
116–92, 133 Stat. 1198, was signed into
law. Section 876 of NDAA 2020
amended section 3 of the Small
Business Act, 15 U.S.C. 632. This
provision made changes to the treatment
of surviving spouses with regard to the
program’s ownership requirements. The
changes require that SBA update its
regulations to reflect two new time
periods. Specifically, the statute creates
a ten-year time period to remain eligible
in the case of a surviving spouse of a
veteran with a service-connected
disability rated as 100 percent disabling
or who dies as a result of a serviceconnected disability, and a three-year
time period in the case of a surviving
spouse of a veteran with a serviceconnected disability rated as less than
100 percent disabling who does not die
as a result of a service-connected
disability. This rule updates 13 CFR
125.12 to reflect these changes. SBA is
changing the language in
§ 125.12(i)(1)(ii) to match the new
statutory language. SBA is adding the
ten-year time frame in § 125.12(i)(2)(iii).
SBA is adding the three-year time frame
in § 125.12(i)(2)(iv).
In addition, section 823 of NDAA
2020 changed the threshold for which a
justification and approval is needed for
Department of Defense (DoD) covered
procurements. Section 811 of the NDAA
for Fiscal Year 2010, Public Law 111–
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2021-24302]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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;
[email protected].
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
------------------------------------------------------------------------
Alabama............................... 2 1
------------------------------------------------------------------------
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\ https://www.nass.usda.gov/AgCensus/index.php.
\2\ https://quickstats.nass.usda.gov/results/A2ADD567-7CE0-3063-9BAD-CB6C0D073DDA.
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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)
------------------------------------------------------------------------
Number of
State/unit members
------------------------------------------------------------------------
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).......................
------------------------------------------------------------------------
* * * * *
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-24302 Filed 11-5-21; 8:45 am]
BILLING CODE P
