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[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Rules and Regulations]
[Pages 53605-53606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21512]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[Docket No. AMS-LPS-13-0066]

Soybean Promotion, Research, and Consumer Information Program: 
Amendment of Procedures and Notification of Request for Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as a final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is affirming without 
changes its interim rule (79 FR 12037) to amend the procedures to 
Request a Referendum at 7 CFR Part 1220 by removing the specific number 
of soybean producers eligible to request a referendum under the Soybean 
Promotion, Research, and Consumer Information program, commonly known 
as the Soybean Checkoff Program. The number of soybean producers will 
be replaced with language that allows the Secretary of Agriculture 
(Secretary) to update this number based on information provided by the 
U.S. Department of Agriculture (USDA). Additionally, this rule removes 
specific USDA and Farm Service Agency (FSA) Web site and office 
addresses and replaces them with more flexible language. These changes 
will enable AMS to announce future Requests for Referendum without 
engaging in additional informal rulemaking.

DATES: Effective Date: September 11, 2014.

FOR FURTHER INFORMATION CONTACT: James R. Brow, Agricultural Marketing 
Specialist, Research and Promotion Division, Livestock, Poultry, and 
Seed Program, AMS, USDA, Room 2010-S, STOP 0251, 1400 Independence 
Avenue SW., Washington, DC, 20250-0251; Telephone 202/720-0633; Fax 
202/720-

[[Page 53606]]

1125; email to James.Brow@ams.usda.gov.

SUPPLEMENTARY INFORMATION: 
    This action affirms the interim rule concerning Executive Orders 
12866, 12988, and 13563; the Regulatory Flexibility Act (5 U.S.C. 601-
612; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov 
Act (44 U.S.C. 101). Further, for this action, the Office of Management 
and Budget has determined that this action is not significant under 
Executive Order 12866 and therefore has not been reviewed by OMB.

Background Information

    The Soybean Promotion, Research, and Consumer Information Act (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 of 1 percent 
of the net market price of soybeans sold by producers. The final rule 
establishing a Soybean Promotion, Research, and Consumer Information 
program was published in the July 9, 1991, issue of the Federal 
Register (56 FR 31043), and assessments began on September 1, 1991.
    The Act specifies that the Secretary shall, five years after the 
conduct of the initial referendum and every five years thereafter, 
provide soybean producers an opportunity to request a referendum on the 
Soybean Promotion, Research, and Consumer Information Order (Order). 
Additionally, the Act specifies that these subsequent polls require 
that at least 10 percent (not in excess of one-fifth in any one State) 
of all producers must request a referendum in order to trigger the 
conduct of a referendum. If a referendum is requested, it will be held 
within one year of that determination.
    The next Request for Referendum will be conducted May 2019, at FSA 
county offices.

Changes to the Regulations

    In the interim rule, AMS amended Sec.  1220.616 to remove the 
specific number of soybean producers from the regulatory language. Data 
provided by FSA has been used to amend the number of soybean producers 
prior to any Request for Referendum. The data have been sorted in such 
a manner as to include all producers who were engaged in the production 
of soybeans in at least one of the two years prior to the Request for 
Referendum, excluding counting a producer more than once if that 
producer engaged in production during both years. Using the last two 
crop-year acreage reports for which complete data is available ensures 
that all eligible producers are counted, as some producers use soybeans 
in rotation with other crops and do not plant soybeans every year. This 
methodology is consistent with that used in previous requests for 
referendum and will continue to be used by USDA to update the number of 
eligible soybean producers.
    For the 2014 Request for Referendum previously conducted and 
subsequent requests for referendum, the data provided by FSA allows the 
Secretary to update this number.
    In addition to the changes relating to the number of eligible 
soybean producers, AMS amended Sec. Sec.  1220.619, 1220.622 and 
1220.628 with more flexible language.

Comments

    On March 4, 2014, USDA published in the Federal Register (79 FR 
12037) an interim rule with a request for comments to be received by 
April 3, 2014. USDA received no comments.

List of Subjects in 7 CFR Part 1220

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Reporting and recordkeeping 
requirements, Soybeans and soybean products.

    For the reasons set forth in the preamble, 7 CFR Part 1220 is 
amended as follows:

PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

0
Accordingly, the interim rule that amended 7 CFR Part 1220, which was 
published on March 4, 2014 at 79 FR 12037, is adopted as a final rule 
without change.

    Dated: September 4, 2014.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2014-21512 Filed 9-9-14; 8:45 am]
BILLING CODE 3410-02-P
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