30922 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

hundredweight of onions. Therefore, the

estimated assessment revenue for the

2000–2001 fiscal period ($768,000) as a

percentage of the projected total F.O.B.

revenue ($52,800,000) would be 0.0145

percent. This figure indicates that the

$0.08 assessment rate recommended by

the Committee would have a relatively

insignificant impact on the IdahoEastern Oregon onion industry.

This action would decrease the

assessment obligation imposed on

handlers. While assessments impose

some additional costs on handlers, the

costs are minimal and uniform on all

handlers. Some of the additional costs

may be passed on to producers.

However, these costs would be offset by

the benefits derived by the operation of

the order. In addition, the Committee’s

meeting was widely publicized

throughout the Idaho-Eastern Oregon

onion industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the April 6, 2000,

meeting was a public meeting and all

entities, both large and small, were able

to express views on this issue. Finally,

interested persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

This proposed rule would impose no

additional reporting or recordkeeping

requirements on either small or large

onion handlers. As with all Federal

marketing order programs, reports and

forms are periodically reviewed to

reduce information requirements and

duplication by industry and public

sector agencies.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

http://www.ams.usda.gov/fv/

moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

A 30-day comment period is provided

to allow interested persons the

opportunity to respond to this request

for information and comments. Thirty

days is deemed appropriate because: (1)

The Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

2000–2001 fiscal period begins on July

1, 2000, and the order requires that the

rate of assessment for each fiscal period

apply to all assessable onions handled

during such fiscal period; (3) this action

decreases the assessment rate for

assessable onions beginning with the

2000–2001 fiscal period; and (4)

handlers are aware of this action which

was unanimously recommended by the

Committee at a public meeting and is

similar to other assessment rate actions

issued in past years.

List of Subjects in 7 CFR Part 958

Onions, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 958 is proposed to

be amended as follows:

PART 958—ONIONS GROWN IN

CERTAIN DESIGNATED COUNTIES IN

IDAHO, AND MALHEUR COUNTY,

OREGON

1. The authority citation for 7 CFR

part 958 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 958.240 is revised to read

as follows:

§ 958.240 Assessment rate.

On and after July 1, 2000, an

assessment rate of $0.08 per

hundredweight is established for IdahoEastern Oregon onions.

Dated: May 9, 2000.

Eric M. Forman,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 00–12153 Filed 5–12–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[No. LS–00–04]

Soybean Promotion and Research:

Amend the Order to Adjust

Representation on the United Soybean

Board

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed Rule.

SUMMARY: This proposed rule would

adjust the number of members for

certain States on the United Soybean

Board (Board) to reflect changes in

production levels that have occurred

since the last time the Board was

reapportioned in 1997. These

adjustments are required by the Soybean

Promotion and Research Order (Order).

The results of the adjustments would be

an additional member for Kansas and

one less member for Maryland. As a

result of these changes, the total Board

membership will remain at 62 members.

These changes to the Board would be

effective with the Secretary’s 2001

appointments.

DATES: Written comments must be

received by July 14, 2000.

ADDRESSES: Send two copies of

comments to Ralph L. Tapp, Chief;

Marketing Programs Branch; Livestock

and Seed Program; Agricultural

Marketing Service (AMS), USDA, Room

2627–S; STOP 0251; 1400 Independence

Avenue, SW., Washington, DC 20250–

0251. Comments may also be sent by email to Ralph.Tapp@usda.gov or by fax

to 202/720–1125. State that your

comment refers to Docket No. LS–00–

04. Comments received may be

inspected at this location between 8:00

a.m. and 4:30 p.m., Monday through

Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115, fax

202/270–1125, or e-mail

Ralph.Tapp@usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12988, and

Regulatory Flexibility Act and the

Paperwork Reduction Act

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule was reviewed under

Executive Order 12988, Civil Justice

Reform. It is not intended to have a

retroactive effect. This rule would not

preempt any State or local laws,

regulations, or policies unless they

present an irreconcilable conflict with

this rule.

The Soybean Promotion, Research,

and Consumer Information Act (Act)

provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

§ 1971 of the Act, a person subject to the

Order may file a petition with the

Secretary stating that the Order, any

provision of the Order, or any obligation

imposed in connection with the Order,

is not in accordance with law and

requesting a modification of the Order

or an exemption from the Order. The

petitioner is afforded the opportunity

for a hearing on the petition. After a

hearing, the Secretary would rule on the

petition. The Act provides that the

district courts of the United States in

any district in which such person is an

inhabitant, or has their principal place

of business, has jurisdiction to review

the Secretary’s ruling on the petition, if

a complaint for this purpose is filed

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30923

within 20 days after the date of the entry

of the ruling.

Effect on Small Entities

AMS has determined that this rule

will not have a significant economic

impact on a substantial number of small

entities as defined by the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.),

because it only adjusts representation

on the Board to reflect changes in

production levels that have occurred

since the Board was reapportioned in

1997. As such, these changes will not

impact on persons subject to the

program. There are an estimated

600,813 soybean producers who pay

assessments and an estimated 10,000

first purchasers who collect

assessments, most of whom would be

considered small entities under the

criteria established by the Small

Business Administration (13 CFR

121.201).

Background and Proposed Changes

The Act (7 U.S.C. 6301–6311)

provides for the establishment of a

coordinated program of promotion and

research designed to strengthen the

soybean industry’s position in the

marketplace, and to maintain and

expand domestic and foreign markets

and uses for soybeans and soybean

products. The program is financed by an

assessment of 0.5 percent of the net

market price of soybeans sold by

producers. Pursuant to the Act, an Order

was made effective July 9, 1991. The

Order established a Board of 60

members. For purposes of establishing

the Board, the United States was

divided into 31 geographic units.

Representation on the Board from each

unit was determined by the level of

production in each unit. The Secretary

appointed the initial Board on July 11,

1991. The Board is composed of

soybean producers.

Section 1220.201(c) of the Order

provides that at the end of each 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. At its March 2000 meeting

the Board voted to recommend to the

Secretary that no modification be made.

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

3,000,000 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.

Current representation on the Board

(62), and the number of geographical

units (30), have been based on average

production levels for the years 1992–

1996 (excluding crops in years that

production was the highest and that

production was the lowest) as reported

by the National Agricultural Statistics

Service (NASS) of the Department.

Proposed representation on the Board

(62) is based on average production

levels for the years 1995–1999

(excluding crops in years that

production was the highest and that

production was the lowest) as reported

by NASS.

The number of geographical units

would remain at 30. This proposed rule

would adjust representation on the

Board as follows:

State 1995–1999 Average production level (bushels)

Current

representation

Proposed

representation

Kansas .................................................................................. 75,800,000 ............................................................................ 2 3

Maryland ............................................................................... 14,753,000 ............................................................................ 2 1

There are no adjustments to the other

States or regions.

Board adjustment as proposed by this

rulemaking would be effective, if

adopted, with the 2001 nominations and

appointments.

List of Subjects in 7 CFR Part 1220

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements,

Soybeans and soybean products,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, it is proposed that Title 7,

part 1220 be amended as follows:

PART 1220—SOYBEAN PROMOTION,

RESEARCH, AND CONSUMER

INFORMATION

1. The authority citation for 7 CFR

Part 1220 continues to read as follows:

Authority: 7 U.S.C. 6301–6311.

2. In § 1220.201, the table

immediately following paragraph (a) is

revised to read as follows:

§ 1220.201 Membership of board.

(a) * * *

Unit

Number

of

members

Illinois ............................................ 4

Iowa .............................................. 4

Minnesota ..................................... 4

Indiana .......................................... 4

Missouri ........................................ 3

Ohio .............................................. 3

Arkansas ....................................... 3

Nebraska ...................................... 3

South Dakota ................................ 3

Kansas .......................................... 3

Mississippi .................................... 2

Louisiana ...................................... 2

Tennessee .................................... 2

North Carolina .............................. 2

Unit

Number

of

members

Kentucky ....................................... 2

Michigan ....................................... 2

North Dakota ................................ 2

Wisconsin ..................................... 2

Maryland ....................................... 1

Virginia .......................................... 1

Georgia ......................................... 1

South Carolina .............................. 1

Alabama ........................................ 1

Delaware ....................................... 1

Texas ............................................ 1

Pennsylvania ................................ 1

Oklahoma ..................................... 1

New Jersey ................................... 1

Eastern Region (New York, Massachusetts, Connecticut, Florida, Rhode Island, Vermont,

New Hampshire, Maine, West

Virginia, District of Columbia,

and Puerto Rico) ....................... 1

30924 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

Unit

Number

of

members

Western Region (Montana, Wyoming, Colorado, New Mexico,

Idaho, Utah, Arizona, Washington, Oregon, Nevada, California, Hawaii, and Alaska) ....... 1

* * * * *

Dated: May 9, 2000.

Barry L. Carpenter,

Deputy Administrator, Livestock and Seed

Program.

[FR Doc. 00–12154 Filed 5–12–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1240

[FV–00–702 PR]

Honey Research, Promotion, and

Consumer Information Order;

Procedure for the Conduct of

Referenda in Connection With the

Honey Research, Promotion, and

Consumer Information Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule with request for

comments.

SUMMARY: The purpose of this proposed

rule is to amend the procedures which

the U.S. Department of Agriculture

(USDA or the Department) would use in

conducting a referendum to determine

whether honey producers, producerpackers, importers, and handlers subject

to the Honey Research, Promotion, and

Consumer Information Act (Act) favor

implementation of changes to the Honey

Research, Promotion, and Consumer

Information Order (Order) based on the

1998 amendments to the Act. These

procedures, as amended, would also be

used in any subsequent referenda under

the Act.

DATES: Comments must be received by

June 14, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning the proposed rule to the

Docket Clerk, Research and Promotion

Branch, Fruit and Vegetable Programs,

Agricultural Marketing Service, USDA,

Stop 0244, 1400 Independence Avenue,

SW, Room 2535 South Building,

Washington, DC 20250–0244.

Comments should be submitted in

triplicate and will be made available for

public inspection at the above address

during regular business hours, or on the

internet at www.ams.usda.gov/fv/

rpdocketlist.htm. Comments may also

be submitted electronically to:

malinda.farmer@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register. A

copy of this rule may be found at the

above internet address. Pursuant to the

Paperwork Reduction Act of 1995

(PRA), also send comments regarding

the accuracy of the burden estimate,

ways to minimize the burden, including

through the use of automated collection

techniques or other forms of information

technology, or any other aspect of this

collection of information, to the above

address. Comments concerning the

information collection under the PRA

should also be sent to the Desk Officer

for Agriculture, Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503.

FOR FURTHER INFORMATION CONTACT:

Karen T. Comfort, Research and

Promotion Branch, Fruit and Vegetable

Programs, AMS, USDA, Stop 0244, 1400

Independence Avenue, SW, Room 2535

South Building, Washington, DC 20250–

0244; telephone (202) 720–9915;

facsimile (202) 205–2800.

SUPPLEMENTARY INFORMATION: The

Honey Research, Promotion, and

Consumer Information Act (Act) (Pub. L.

98–590; enacted October 30, 1984; 7

U.S.C. 4601-4613, as amended) was

amended by Congress on June 23, 1998.

The amendments to the Act were made

by the Agricultural Research, Extension,

and Education Reform Act of 1998 (Pub.

L. 105–185, enacted June 23, 1998).

A proposed rule on amending the

Honey Research, Promotion, and

Consumer Information Order (Order) (7

CFR Part 1240) in conformance with the

1998 amendments to the Act was

published in the Federal Register on

February 28, 2000 (65 FR 10600). Before

the amendments to the Order can be

implemented, a referendum must be

conducted among producers, producerpackers, importers, and handlers as

provided in section 4613(d) of the Act.

Question and Answer Overview

Why Are Rules Being Proposed for a

Referendum on the Amendments to the

Honey Research, Promotion, and

Consumer Information Order?

On June 23, 1998, the Act was

amended by the Agricultural Research,

Extension, and Education Reform Act of

1998 (Pub. L. 105–185, enacted June 23,

1998). The amendments to the Act

authorize amendments to the Order.

Before the Order can be amended,

producers, producer-packers, handlers,

and importers must be allowed to vote

in a national referendum on whether

they wish the amendments to become

effective. This proposed rule would

amend existing referendum procedures

to allow handlers to vote in the

referendum and make other changes

related to the amendments to the Act.

Under the current referendum

procedures, only producers, producerpackers in their capacity as producers,

and importers are eligible to vote.

Publishing this proposed rule provides

the opportunity for public input on the

revised procedures before they are

implemented.

How Long Do I Have To Comment on

the Proposed Rule?

You have 30 days to comment on this

proposed rule. Your written comments

must be received by June 14, 2000. You

can mail, fax, or e-mail your comments.

Additionally, you have 60 days to

provide written comments to OMB on

the paperwork burden associated with

this proposal. Those comments must be

received by July 14, 2000.

Who Is Eligible To Vote in the

Referendum?

Most honey producers, producerpackers, importers, and handlers who

produced, handled, or imported honey

or honey products during calendar years

1998 and 1999 would be eligible to vote

in the referendum. However, certain

producers, producer-packers, handlers,

and importers would not be eligible to

vote. If you produced, produced and

handled, or imported less than 6,000

pounds of honey or honey products per

year and you distributed that honey

directly through local retail outlets such

as roadside stands, farmers markets, or

groceries, you would be ineligible to

vote in the referendum unless you

voluntarily paid assessments.

How Will the Vote in the Referendum Be

Tabulated?

In order for the amendments to

become effective, they must be

approved by a majority of the voters in

the referendum and those voters must

represent 50 percent or more of the

honey produced, handled, and imported

by the voters in the referendum.

If I Am a Producer, How Will My Vote

Be Counted?

If you are a producer, you will be

entitled to one vote which includes the

number of pounds of honey you

produced in 1998 and 1999.