Soybean Promotion and Research: Adjustments to Representation on the United Soybean Board, 90569-90572 [2024-26787]
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations
design, integrated eligibility, deliberate
program operations and meaningful
outcomes.
(i) FNS may require a State agency to
make modifications to its SNAP E&T
plan to improve outcomes if FNS
determines that the E&T outcomes are
inadequate. FNS will consider these
modifications in determining whether to
approve a State’s E&T plan.
(ii) [Reserved]
(17) The State agency shall submit an
annual E&T report by April 15 each year
that contains the following:
(i) Employment and Earnings
Reporting Measures: State agencies shall
report four consecutive quarters of data
from the two previous Federal fiscal
years ending the preceding September
30 for the following measures:
(A) The number and percentage of
E&T participants and former
participants who are in unsubsidized
employment during the second quarter
after completion of participation in E&T.
(B) Median quarterly earnings of the
E&T participants and former
participants who are in unsubsidized
employment during the second quarter
after completion of participation in E&T.
(C) The number and percentage of
E&T participants and former
participants who are in unsubsidized
employment during the fourth quarter
after completion of participation in E&T.
(ii) Educational Reporting Measures:
State agencies shall report data for the
Federal fiscal year ending the preceding
September 30 for the following
measures:
(A) Attainment of a credential or
certificate. The number and percentage
of E&T participants enrolled in an
education or training program,
excluding those in on-the-job training,
customized training or transitional jobs,
who attain a recognized postsecondary
credential, certificate or a secondary
school diploma, or its recognized
equivalent, during participation in or
upon completion of participation in
E&T.
(B) Measurable skill gains. The
number and percentage of E&T
participants who, during the preceding
Federal fiscal year, are in an education
or training program that leads to a
recognized postsecondary credential or
employment and who are achieving
measurable skill gains, defined as
documented academic, technical,
occupational, or other forms of progress,
towards such a credential or
employment.
(iii) State agencies shall report the
employment and earnings measures
specified in paragraphs (c)(17)(i)(A)
through (C) and educational measures
specified in paragraphs (c)(17)(ii)(A)
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and (B) for each of following participant
characteristics:
(A) By Race and/or Ethnicity;
(B) Voluntary E&T Participants;
(C) Mandatory E&T Participants;
(D) Mandatory E&T Participants
deemed ineligible due to failure to
comply with mandatory E&T;
(E) E&T Participants who obtained
high school diploma or equivalency
prior to participation in E&T; and
(F) ABAWDs.
(iv) State agencies that serve
mandatory E&T participants shall report
for the Federal fiscal year ending the
preceding September 30 the following:
(A) the unduplicated number of SNAP
participants who were required to
participate in E&T;
(B) of those required to participate the
unduplicated number and percentage
referred to E&T; and
(C) the unduplicated number and
percentage of SNAP participants that
were determined ineligible for failure to
comply with E&T requirements.
(v) The number and percentage of
E&T participants for the Federal fiscal
year ending the preceding September 30
who:
(A) Are voluntary E&T participants;
(B) Are mandatory E&T participants;
(C) Have received a high school
diploma or equivalent prior to being
provided with E&T services;
(D) Are ABAWDs;
(E) Are English language learners;
(F) By Gender identity;
(G) Are within each of the following
age ranges: 16–17, 18–35, 36–49, 50–59,
60 or older; and
(H) By Race and/or Ethnicity
(vi) Reports for the measures
identified in a State’s E&T plan related
to components that are designed to
serve at least 100 participants a year;
and
(vii) States that have committed to
offering all at-risk ABAWDs
participation in a qualifying activity and
have received an additional allocation
of funds as specified in paragraph (d)(3)
of this section shall include:
(A) The monthly average number of
individuals in the State who meet the
conditions in paragraph (d)(3)(i) of this
section;
(B) The monthly average number of
individuals to whom the State offers a
position in a program described in
§ 273.24(a)(3) and (4);
(C) The monthly average number of
individuals who participate in such
programs; and
(D) A description of the types of
employment and training programs the
State agency offered to at risk ABAWDs
and the availability of those programs
throughout the State.
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90569
(viii) States may be required to submit
the annual report in a standardized
format based upon guidance issued by
FNS.
*
*
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*
■ 5. Amend § 273.24 by adding
paragraph (a)(4) to read as follows:
§ 273.24
Time limit for able-bodied adults.
(a) * * *
(4) Workfare program means:
(i) A program under § 273.7(m); or
(ii) A comparable program established
by a State or political subdivision of a
State.
*
*
*
*
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Tameka Owens,
Acting Administrator and Assistant
Administrator, Food and Nutrition Service.
[FR Doc. 2024–26809 Filed 11–15–24; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Doc. No. AMS–LP–23–0079]
Soybean Promotion and Research:
Adjustments to Representation on the
United Soybean Board
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 2021. As required by
the Soybean Promotion, Research, and
Consumer Information Act (Act),
membership on the Board is reviewed
every 3-years and adjustments are made
accordingly. These adjustments
decrease Board membership for the
State of North Dakota from four
members to three members and increase
Board membership for the State of New
York from one member to two members,
thus the total number of Board members
will remain at 77. These changes will be
reflected in the Soybean Promotion and
Research Order (Order) and become
effective with the Secretary of
Agriculture’s (Secretary) appointments
for terms in 2025.
DATES: This final rule is effective as of
December 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Jason Julian, Research and Promotion
Division, at (202) 731–2149; or by email
at jason.julian@usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations
Executive Orders 12866, 13563 and
14094
USDA issues this final rule in
conformance with Executive Orders
(E.O.) 12866, 13563, and 14094.
Executive Orders 12866 and 13563, and
14094 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. E.O. 14094 reaffirms,
supplements, and updates E.O. 12866
and further directs agencies to ask for
and consider input from a wide range of
affected and interested parties through a
variety of means. This final rule is not
a significant regulatory action within
the meaning of E.O. 12866. So, this
action has not been reviewed by the
Office of Management and Budget
(OMB).
Executive Order 13175
This action has been reviewed per the
requirements of E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions would have
Tribal implications. The review
revealed that this regulation would not
have substantial and direct efforts on
Tribal governments or significant Tribal
implications.
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Executive Order 12988
This final rule was reviewed under
E.O. 12988, Civil Justice Reform. This
rule is not intended to have retroactive
effect.
The Act (7 U.S.C. 6309) provides that
nothing in the Act may be construed to
preempt or supersede any other program
relating to soybean promotion organized
and operated under the laws of the U.S.
or any State. There are no
administrative proceedings that must be
exhausted prior to any judicial
challenge to the provisions of this rule.
Paperwork Reduction Act
In accordance with OMB regulations
(5 CFR part 1320) that implement the
Paperwork Reduction Act of 1995 (44
U.S.C. part 35), the information
collection and recordkeeping
requirements contained in the Order
and accompanying Rules and
Regulations have previously been
approved by OMB and were assigned
OMB control number 0581–0093.
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Background
The Board was initially appointed on
July 11, 1991, per the provisions of the
Act (7 U.S.C. 6301–6311), and the Order
(7 CFR part 1220) issued thereunder.
The Order set up an initial Board with
sixty members, composed of soybean
producers. For purposes of setting up
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
that Board membership for each unit be
changed to reflect current production
levels.
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 1 member on the
Board; (2) units with at least 3 million
bushels, but fewer than 15 million
bushels shall be entitled to 1 board
member; (3) units with 15 million
bushels or more but fewer than 70
million bushels shall be entitled to 2
Board members; (4) units with 70
million bushels or more but fewer than
200 million bushels shall be entitled to
3 Board members; and (5) units with
200 million bushels or more shall be
entitled to 4 Board members.
The Board was last reapportioned in
2021. The total Board membership
decreased from 78 to 77 members, with
Alabama decreasing one member. The
final rule was published in the Federal
Register (86 FR 61668) on November 8,
2021, and became effective with the
2022 appointments.
This final rule keeps total
membership of the Board at 77
members. Production data was used for
years 2018–2022 (excluding the crops in
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years in which production was the
highest and in which production was
the lowest in each State) was reported
by USDA’s National Agricultural
Statistics Service (NASS). This change
does not affect the number of
geographical units.
This final rule adjusts representation
on the Board as follows:
State
Previous
representation
New York .....
North Dakota
Current
representation
1
4
2
3
Board adjustments by this final rule
will become effective with the 2025
appointment process.
Summary of Comments
A proposed rule was published in the
Federal Register (89 FR 51277) on June
17, 2024, with a 30-day comment
period. USDA received three comments.
One comment communicated
displeasure for North Dakota’s
decreased number from four seats to
three seats. Upon reviewing the
requirements of the Act and Order,
USDA determined that leaving the
North Dakota seats at four 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) of the Order. This
was done by calculating production data
for years 2018–2022 (excluding the
crops in years in which production was
the highest and in which production
was the lowest in each State) as reported
by USDA’s NASS, resulting in a 3-year
average for North Dakota that fell below
the required number of bushels to retain
four seats under § 1220.201(e)(5) of the
Order. Accordingly, no change is made
in response to this comment.
One comment was in favor of the seat
adjustments for North Dakota and New
York.
One comment was not germane to the
proposed rule.
Regulatory Flexibility Act
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612), the Agricultural
Marketing Service (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
the RFA is to fit regulatory actions to the
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90571
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations
scale of businesses subject to such
actions in order that small businesses
will not be unduly burdened.
Effective August 19, 2019, the Small
Business Administration (SBA) (13 CFR
121.201) published an interim final rule
(84 FR 34261) that adjusts the monetarybased size standards for inflation. As a
result of this rule, the size classification
for soybean producers changed from
sales of $750,000 or less to sales of
$1,000,000 or less. There are an
estimated 413,358 soybean producers
and an estimated 10,000 first purchasers
who collect the assessment, most who
would be considered small businesses
under the criteria set up by SBA.
According to USDA’s NASS 2022
Census of Agriculture, the number of
operations in the United States with
soybean production totaled 270,851.1
The most recent (2022) Census of
Agriculture data show that roughly 19
percent of producers with soybean
production, or 52,756 operations, have
annual receipts of $1,000,000 or more.2
Therefore, most soybean producers, 81
percent, are considered small businesses
with the new SBA guidance. It should
be noted that producers are only
indirectly affected by this final rule.
This final rule imposes no new
burden on the industry, as it only
adjusts representation on the Board to
reflect changes in soybean production.
The adjustments are required by the
Order and do not result in a change to
Board membership, which will remain
at 77 members.
AMS is committed to following 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 found 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
research, Marketing agreements,
Reporting and recordkeeping
requirements, Soybeans.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 1220 as
follows:
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. Amend § 1220.201 by revising
paragraph (a) to read as follows:
■
§ 1220.201
Membership of Board.
(a) For the purposes of nominating
and appointing producers to the Board,
the United States shall be divided into
thirty-one 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
members
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State/unit
South Dakota .......................................................................................................................................................................................
Ohio .....................................................................................................................................................................................................
Nebraska ..............................................................................................................................................................................................
Missouri ................................................................................................................................................................................................
Minnesota ............................................................................................................................................................................................
Iowa .....................................................................................................................................................................................................
Indiana .................................................................................................................................................................................................
Illinois ...................................................................................................................................................................................................
North Dakota ........................................................................................................................................................................................
Wisconsin .............................................................................................................................................................................................
Tennessee ...........................................................................................................................................................................................
Mississippi ............................................................................................................................................................................................
Michigan ...............................................................................................................................................................................................
Kentucky ..............................................................................................................................................................................................
Kansas .................................................................................................................................................................................................
Arkansas ..............................................................................................................................................................................................
Virginia .................................................................................................................................................................................................
Pennsylvania ........................................................................................................................................................................................
North Carolina ......................................................................................................................................................................................
Maryland ..............................................................................................................................................................................................
Louisiana ..............................................................................................................................................................................................
New York .............................................................................................................................................................................................
Alabama ...............................................................................................................................................................................................
Texas ...................................................................................................................................................................................................
South Carolina .....................................................................................................................................................................................
Oklahoma .............................................................................................................................................................................................
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) ......................................................................................................................................................
1 https://www.nass.usda.gov/AgCensus/
index.php.
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2 https://quickstats.nass.usda.gov/results/
F0860BE3-0E1F-33B4-8571-74E2B061CBED.
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90572
*
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Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations
*
*
telephone: (202) 267–1100; email:
Bradley.C.Zeigler@faa.gov.
SUPPLEMENTARY INFORMATION:
*
Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–26787 Filed 11–15–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 61, 68, and 91
[Docket No. FAA–2024–2580; Amdt. Nos.
11–70, 61–158, 68–3, and 91–380]
RIN 2120–AM06
Regulatory Updates to BasicMed
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule implements,
without interpretation, the provisions of
sections 815 and 828 of the FAA
Reauthorization Act of 2024 (‘‘the Act’’).
To conform the FAA’s regulations to the
self-enacting provisions in the Act, this
final rule amends certain regulations to:
align aircraft conditions and limitations
with the term ‘‘covered aircraft’’ as
defined in section 2307(j) of the FAA
Extension, Safety, and Security Act of
2016 to increase the number of
allowable passengers from 5 to 6,
increase the number of occupants from
6 to 7, and increase the maximum
takeoff weight from 6,000 pounds to
12,500 pounds, while excluding certain
transport category rotorcraft. This final
rule facilitates updates to current
standards the medical form a Statelicensed physician uses in completing a
comprehensive medical examination.
Further, this final rule amends
regulations to incorporate the statutory
expansion of BasicMed medical
eligibility to examiners conducting
practical tests or proficiency checks if
they meet the requirements for
operating covered aircraft under
BasicMed, as provided in the Act.
DATES: This rule is effective on
November 18, 2024.
ADDRESSES: For information on where to
obtain copies of rulemaking documents
and other information related to this
final rule, see ‘‘How to Obtain
Additional Information’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Bradley C. Zeigler, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
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SUMMARY:
VerDate Sep<11>2014
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I. Executive Summary
On May 16, 2024, the President
signed into law the FAA
Reauthorization Act of 2024 (Pub. L.
118–63) (‘‘the Act’’), impacting certain
requirements for BasicMed in section
815, BasicMed for Examiners
Administering Tests or Proficiency
Checks, and section 828, Expansion of
BasicMed. Specifically, section 815
expanded the privileges of BasicMed to
examiners and section 828 amended
provisions in section 2307 of the FAA
Extension, Safety, and Security Act of
2016 (49 U.S.C. 44703 note) (FESSA)
directly applicable to BasicMed. The
Act also directed the Administrator of
the FAA to implement the amendments
made in sections 815 and 828 through
rulemaking. Section 828 further
provides that the Administrator of the
FAA shall update regulations in 14 CFR
parts 61 and 68 to implement the
amendments made in the Act (i.e., the
updated statutory language in FESSA),
and within 180 days of the enactment,
apply parts 61 and 68 to ensure that an
individual may operate as pilot in
command of a covered aircraft if the
provisions of section 2307 of FESSA are
met. The amendments to parts 61 and
68 in this final rule align with the
statutory charge set forth by section
828 1 in the following manner:
• Increase the number of allowable
passengers from 5 to 6 and occupants
from 6 to 7 for covered aircraft;
• Increase the maximum takeoff
weight from 6,000 pounds to 12,500
pounds for covered aircraft;
• Clarify that calendar months will be
used in determining the duration of the
comprehensive medical examination for
those persons acting as the pilot in
command or as a required flightcrew
member for operations under
§ 61.113(i);
• Specify that covered aircraft does
not include transport category rotorcraft
certified to airworthiness standards
under part 29; and
• Clarify which versions of FAA
Form 8500–8, Application for Airman
Medical Certificate, may be used to
populate the questions in the BasicMed
Comprehensive Medical Examination
Checklist.
Section 815, BasicMed For Examiners
Administering Tests or Proficiency
Checks, provides that an examiner may
administer a practical test or proficiency
check if such examiner meets the
medical eligibility requirements for
1 See
PO 00000
sec. 828(a).
Frm 00026
Fmt 4700
Sfmt 4700
BasicMed and the flight is conducted in
a covered aircraft.2 While the FAA finds
the expansion to be self-enacting, the
section provided the FAA with three
years to issue a final rule updating the
regulations, as well as any related
requirements the Administrator finds
are in the interest of aviation safety.3
This final rule will, therefore, update
§ 61.23 to permit persons performing the
duties of an examiner to administer a
practical test or proficiency check
without holding a medical certificate
issued under part 67, provided those
persons meet the requirements to
operate under the conditions and
limitations set forth in § 61.113(i).
Summary of the Costs and Benefits
There are no costs or benefits of this
rule relative to the with-statute baseline.
This rule conforms FAA regulations to
self-implementing legislation in sections
815 and 828 of the FAA Reauthorization
Act of 2024. Under the updated Office
of Management and Budget (OMB)
Circular A–4 guidance,4 an agency may
use a with-statute baseline for
estimating costs and benefits for
regulations that simply restate statutory
requirements in self-implementing
legislation. Since the rule does not
deviate from the self-implementing
statutory provisions, there are no costs
or benefits as measured against the
with-statute baseline.
II. Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code (49 U.S.C.). Subtitle
I, section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This final rule is promulgated
under the authority described in subtitle
VII, part A, subpart iii, section 44701,
General Requirements; section 44702,
Issuance of Certificates; and section
44703, Airman Certificates. Under these
sections, the FAA is charged with
prescribing regulations and minimum
standards for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
The FAA is also authorized to issue
certificates, including airman
certificates and medical certificates, to
qualified individuals. This final rule is
within the scope of that authority.
BasicMed provisions were originally
promulgated under section 2307 of
2 Sec.
815(a).
815(b).
4 OMB Circular No. A–4 updated November 9,
2023, page 12. Accessed September 30, 2024 at:
https://www.whitehouse.gov/wp-content/uploads/
2023/11/CircularA-4.pdf.
3 Sec.
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]]>Agencies
[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Rules and Regulations]
[Pages 90569-90572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26787]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[Doc. No. AMS-LP-23-0079]
Soybean Promotion and Research: Adjustments to Representation on
the United Soybean Board
AGENCY: Agricultural Marketing Service, USDA.
ACTION: 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 2021. As required by
the Soybean Promotion, Research, and Consumer Information Act (Act),
membership on the Board is reviewed every 3-years and adjustments are
made accordingly. These adjustments decrease Board membership for the
State of North Dakota from four members to three members and increase
Board membership for the State of New York from one member to two
members, thus the total number of Board members will remain at 77.
These changes will be reflected in the Soybean Promotion and Research
Order (Order) and become effective with the Secretary of Agriculture's
(Secretary) appointments for terms in 2025.
DATES: This final rule is effective as of December 18, 2024.
FOR FURTHER INFORMATION CONTACT: Jason Julian, Research and Promotion
Division, at (202) 731-2149; or by email at [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 90570]]
Executive Orders 12866, 13563 and 14094
USDA issues this final rule in conformance with Executive Orders
(E.O.) 12866, 13563, and 14094. Executive Orders 12866 and 13563, and
14094 direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). E.O. 13563 emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. E.O. 14094 reaffirms, supplements, and
updates E.O. 12866 and further directs agencies to ask for and consider
input from a wide range of affected and interested parties through a
variety of means. This final rule is not a significant regulatory
action within the meaning of E.O. 12866. So, this action has not been
reviewed by the Office of Management and Budget (OMB).
Executive Order 13175
This action has been reviewed per the requirements of E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have Tribal implications. The review revealed that this regulation
would not have substantial and direct efforts on Tribal governments or
significant Tribal implications.
Executive Order 12988
This final rule was reviewed under E.O. 12988, Civil Justice
Reform. This rule is not intended to have retroactive effect.
The Act (7 U.S.C. 6309) provides that nothing in the Act may be
construed to preempt or supersede any other program relating to soybean
promotion organized and operated under the laws of the U.S. or any
State. There are no administrative proceedings that must be exhausted
prior to any judicial challenge to the provisions of this rule.
Paperwork Reduction Act
In accordance with OMB regulations (5 CFR part 1320) that implement
the Paperwork Reduction Act of 1995 (44 U.S.C. part 35), the
information collection and recordkeeping requirements contained in the
Order and accompanying Rules and Regulations have previously been
approved by OMB and were assigned OMB control number 0581-0093.
Background
The Board was initially appointed on July 11, 1991, per the
provisions of the Act (7 U.S.C. 6301-6311), and the Order (7 CFR part
1220) issued thereunder. The Order set up an initial Board with sixty
members, composed of soybean producers. For purposes of setting up 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 that
Board membership for each unit be changed to reflect current production
levels.
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 1 member on
the Board; (2) units with at least 3 million bushels, but fewer than 15
million bushels shall be entitled to 1 board member; (3) units with 15
million bushels or more but fewer than 70 million bushels shall be
entitled to 2 Board members; (4) units with 70 million bushels or more
but fewer than 200 million bushels shall be entitled to 3 Board
members; and (5) units with 200 million bushels or more shall be
entitled to 4 Board members.
The Board was last reapportioned in 2021. The total Board
membership decreased from 78 to 77 members, with Alabama decreasing one
member. The final rule was published in the Federal Register (86 FR
61668) on November 8, 2021, and became effective with the 2022
appointments.
This final rule keeps total membership of the Board at 77 members.
Production data was used for years 2018-2022 (excluding the crops in
years in which production was the highest and in which production was
the lowest in each State) was reported by USDA's National Agricultural
Statistics Service (NASS). This change does not affect the number of
geographical units.
This final rule adjusts representation on the Board as follows:
------------------------------------------------------------------------
Previous Current
State representation representation
------------------------------------------------------------------------
New York............................ 1 2
North Dakota........................ 4 3
------------------------------------------------------------------------
Board adjustments by this final rule will become effective with the
2025 appointment process.
Summary of Comments
A proposed rule was published in the Federal Register (89 FR 51277)
on June 17, 2024, with a 30-day comment period. USDA received three
comments. One comment communicated displeasure for North Dakota's
decreased number from four seats to three seats. Upon reviewing the
requirements of the Act and Order, USDA determined that leaving the
North Dakota seats at four 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) of the Order.
This was done by calculating production data for years 2018-2022
(excluding the crops in years in which production was the highest and
in which production was the lowest in each State) as reported by USDA's
NASS, resulting in a 3-year average for North Dakota that fell below
the required number of bushels to retain four seats under Sec.
1220.201(e)(5) of the Order. Accordingly, no change is made in response
to this comment.
One comment was in favor of the seat adjustments for North Dakota
and New York.
One comment was not germane to the proposed rule.
Regulatory Flexibility Act
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing
Service (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 the RFA is to fit regulatory actions to the
[[Page 90571]]
scale of businesses subject to such actions in order that small
businesses will not be unduly burdened.
Effective August 19, 2019, the Small Business Administration (SBA)
(13 CFR 121.201) published an interim final rule (84 FR 34261) that
adjusts the monetary-based size standards for inflation. As a result of
this rule, the size classification for soybean producers changed from
sales of $750,000 or less to sales of $1,000,000 or less. There are an
estimated 413,358 soybean producers and an estimated 10,000 first
purchasers who collect the assessment, most who would be considered
small businesses under the criteria set up by SBA.
According to USDA's NASS 2022 Census of Agriculture, the number of
operations in the United States with soybean production totaled
270,851.\1\ The most recent (2022) Census of Agriculture data show that
roughly 19 percent of producers with soybean production, or 52,756
operations, have annual receipts of $1,000,000 or more.\2\ Therefore,
most soybean producers, 81 percent, are considered small businesses
with the new SBA guidance. It should be noted that producers are only
indirectly affected by this final rule.
---------------------------------------------------------------------------
\1\ https://www.nass.usda.gov/AgCensus/index.php.
\2\ https://quickstats.nass.usda.gov/results/F0860BE3-0E1F-33B4-8571-74E2B061CBED.
---------------------------------------------------------------------------
This final rule imposes no new burden on the industry, as it only
adjusts representation on the Board to reflect changes in soybean
production. The adjustments are required by the Order and do not result
in a change to Board membership, which will remain at 77 members.
AMS is committed to following 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 found 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
research, Marketing agreements, Reporting and recordkeeping
requirements, Soybeans.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 7 CFR part 1220 as follows:
PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
0
1. The authority citation for 7 CFR part 1220 continues to read as
follows:
Authority: 7 U.S.C. 6301-6311 and 7 U.S.C. 7401.
0
2. Amend Sec. 1220.201 by revising paragraph (a) to read as follows:
Sec. 1220.201 Membership of Board.
(a) For the purposes of nominating and appointing producers to the
Board, the United States shall be divided into thirty-one 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
Nebraska................................................ 4
Missouri................................................ 4
Minnesota............................................... 4
Iowa.................................................... 4
Indiana................................................. 4
Illinois................................................ 4
North Dakota............................................ 3
Wisconsin............................................... 3
Tennessee............................................... 3
Mississippi............................................. 3
Michigan................................................ 3
Kentucky................................................ 3
Kansas.................................................. 3
Arkansas................................................ 3
Virginia................................................ 2
Pennsylvania............................................ 2
North Carolina.......................................... 2
Maryland................................................ 2
Louisiana............................................... 2
New York................................................ 2
Alabama................................................. 1
Texas................................................... 1
South Carolina.......................................... 1
Oklahoma................................................ 1
New Jersey.............................................. 1
Georgia................................................. 1
Delaware................................................ 1
Unit:
Eastern Region (Connecticut, Florida, Maine, 1
Massachusetts, New Hampshire, Rhode Island,
Vermont, West Virginia, District of Columbia, and
Puerto Rico).......................................
Western Region (Alaska, Arizona, California, 1
Colorado, Hawaii, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming).....
------------------------------------------------------------------------
[[Page 90572]]
* * * * *
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-26787 Filed 11-15-24; 8:45 am]
BILLING CODE P
