This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

1 

Vol. 78, No. 1 

Wednesday, January 2, 2013 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 532 

RIN 3206–AM59 

Prevailing Rate Systems; Abolishment 

of the Washington, DC, Special Wage 

Schedule for Printing Positions 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Correcting amendment. 

SUMMARY: The U.S. Office of Personnel 

Management published a final rule in 

the Federal Register on December 14, 

2012, abolishing the Washington, DC, 

Federal Wage System special wage 

schedule for printing and lithographic 

positions. The final rule incorrectly 

listed the page number of the interim 

rule published on July 13, 2012, in the 

words of issuance. This document 

corrects this error. 

DATES: Effective: January 2, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Madeline Gonzalez, (202) 606–2838; 

email pay-performancepolicy@opm.gov; or FAX: (202) 606– 

4264. 

SUPPLEMENTARY INFORMATION: In a final 

rule published in the Federal Register 

on December 14, 2012 (77 FR 74347), 

the U.S. Office of Personnel 

Management (OPM) incorrectly listed 

the page number of the interim rule 

published on July 13, 2012, as 41427 

instead of 41247 in the words of 

issuance. The page number is correctly 

listed in the supplementary information 

of the interim rule. This document 

corrects the error. 

Office of Personnel Management. 

Jerome D. Mikowicz, 

Deputy Associate Director for Pay and Leave. 

[FR Doc. 2012–31521 Filed 12–31–12; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1220 

[Doc. No. AMS–LS–12–0022] 

Soybean Promotion and Research: 

Amend the Order To Adjust 

Representation on the United Soybean 

Board 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule adjusts the 

number of members on the United 

Soybean Board (Board) to reflect 

changes in production levels that have 

occurred since the Board was 

reapportioned in 2009. As required by 

the Soybean Promotion, Research, and 

Consumer Information Act (Act), 

membership is reviewed every 3 years 

and adjustments are made accordingly. 

This change results in an increase in 

Board membership for Mississippi, 

increasing the total number of Board 

members from 69 to 70. The change will 

be effective for the 2013 nomination and 

appointment process. 

DATES: Effective Date: January 3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Emily DeBord, Agricultural Marketing 

Specialist, Marketing Programs 

Division, Livestock, Poultry and Seed 

Program, AMS, USDA, Room 2628–S, 

STOP 0249, 1400 Independence Avenue 

SW., Washington, DC 20250–0249; 

Telephone 202/690–2611; Fax 202/720– 

1125; or email to 

Emily.DeBord@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order 12866 for 

this action. 

Executive Order 12988 

This rule was reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have a 

retroactive effect. The Soybean 

Promotion, Research, and Consumer 

Information Act (Act) provides that 

nothing in this subtitle may be 

construed to preempt or supersede any 

other program relating to soybean 

promotion, research, consumer 

information, or industry information 

organized and operated under the laws 

of the United States or any State. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

§ 1971 of the Act, a person subject to the 

Soybean Promotion, Research, and 

Consumer Information Order (Order) 

may file a petition with the Secretary of 

Agriculture (Secretary) stating that the 

Order, any provision of the Order, or 

any obligation imposed in connection 

with the Order, is not in accordance 

with law and requesting a modification 

of the Order or an exemption from the 

Order. The petitioner is afforded the 

opportunity for a hearing on the 

petition. After a hearing, the Secretary 

would rule on the petition. The Act 

provides that the district courts of the 

United States in any district in which 

such person is an inhabitant, or has his 

principal place of business, has 

jurisdiction to review the Secretary’s 

ruling on the petition, if a complaint for 

this purpose is filed within 20 days after 

the date of the entry of the ruling. 

Regulatory Flexibility Act 

The Agricultural Marketing Service 

has determined that this rule will not 

have a significant economic impact on 

a substantial number of small entities as 

defined by the Regulatory Flexibility 

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

it only adjusts representation on the 

Board to reflect changes in production 

levels that have occurred since the 

Board was reapportioned in 2009. The 

purpose of the RFA is to fit regulatory 

actions to the scale of businesses subject 

to such actions in order that small 

businesses will not be unduly burdened. 

As such, these changes will not impact 

on persons subject to the program. 

There are an estimated 589,182 

soybean producers and an estimated 

10,000 first purchasers who collect 

assessments, most of whom would be 

considered small businesses under the 

criteria established by the Small 

Business Administration (SBA) [13 CFR 

121.201]. SBA defines small agricultural 

producers as those having annual 

receipts of less than $750,000, and small 

agricultural firms as those having 

annual receipts of less than $7,000,000. 

Paperwork Reduction Act 

In accordance with OMB regulations 

[5 CFR part 1320] that implement the 

Paperwork Reduction Act of 1995 [44 


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2 Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Rules and Regulations 

U.S.C. Chapter 35], the information 

collection and recordkeeping 

requirements contained in the Order 

and Rules and Regulations have 

previously been approved by OMB 

under OMB control number 0581–0093. 

Background 

The Act (7 U.S.C. 6301–6311) 

provides for the establishment of a 

coordinated program of promotion and 

research designed to strengthen the 

soybean industry’s position in the 

marketplace, and to maintain and 

expand domestic and foreign markets 

and uses for soybeans and soybean 

products. The program is financed by an 

assessment of 0.5 percent of the net 

market price of soybeans sold by 

producers. Pursuant to the Act, an Order 

was made effective July 9, 1991. The 

Order established a Board of 60 

members. For purposes of establishing 

the Board, the United States was 

originally divided into 30 geographic 

units. Representation on the Board from 

each unit was determined by the level 

of production in each unit. The 

Secretary appointed the initial Board on 

July 11, 1991. The Board is composed of 

soybean producers. 

Section 1220.201(c) of the Order 

provides that at the end of each three (3) 

year period, the Board shall review 

soybean production levels in the 

geographic units throughout the United 

States. The Board may recommend to 

the Secretary modification in the levels 

of production necessary for Board 

membership for each unit. 

Section 1220.201(d) of the Order 

provides that at the end of each three (3) 

year period, the Secretary must review 

the volume of production of each unit 

and adjust the boundaries of any unit 

and the number of Board members from 

each such unit as necessary to conform 

with the criteria set forth in 

§ 1220.201(e): (1) To the extent 

practicable, States with annual average 

soybean production of less than 

3,000,000 bushels shall be grouped into 

geographically contiguous units, each of 

which has a combined production level 

equal to or greater than 3,000,000 

bushels, and each such group shall be 

entitled to at least one member on the 

Board; (2) units with at least 3,000,000 

bushels, but fewer than 15,000,000 

bushels shall be entitled to one Board 

member; (3) units with 15,000,000 

bushels or more but fewer than 

70,000,000 bushels shall be entitled to 

two Board members; (4) units with 

70,000,000 bushels or more but fewer 

than 200,000,000 bushels shall be 

entitled to three Board members; and (5) 

units with 200,000,000 bushels or more 

shall be entitled to four Board members. 

The Board was last reapportioned in 

2009. The total Board membership 

increased from 68 to 69 members, with 

Ohio gaining one additional member. 

This change was effective with the 2010 

appointments. 

Currently, the Board has 69 members 

representing 30 geographical units. This 

membership is based on average 

production levels for the years 2004– 

2008 (excluding crops in years that 

production was the highest and that 

production was the lowest) as reported 

by the U.S. Department of Agriculture’s 

(USDA) National Agricultural Statistics 

Service (NASS). 

Comments 

A proposed rule was published in the 

Federal Register (74 FR 27467) on July 

10, 2012, with a 60-day comment 

period. USDA received one comment. 

The comment mainly addressed food 

production in the United States, which 

is not relevant to the rulemaking. The 

comment also asked that the Board be 

reduced from 70 members to five (5) 

members. Such a reduction in the 

number of members on the Board would 

not be consistent with the Act and 

Order. Accordingly, no change is made 

as a result of this comment. 

The increase in representation on the 

Board, from 69 to 70 members, is based 

on average production levels for the 

years 2007–2011 (excluding the crops in 

years in which production was the 

highest and in which production was 

the lowest) as reported by NASS. The 

change does not affect the number of 

geographical units. 

This final rule increases Board 

membership from 69 members to 70 

members effective with 2013 

nominations and appointments. 

This final rule adjusts representation 

on the Board as follows: 

State 

Previous 

representation 

Current 

representation 

Mississippi ............ 2 3 

List of Subjects in 7 CFR Part 1220 

Administrative practice and 

procedure; Advertising; Agricultural 

research; Marketing agreements; 

Soybeans and soybean products; and 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, Title 7, part 1220 is amended 

as follows: 

PART 1220—SOYBEAN PROMOTION, 

RESEARCH, AND CONSUMER 

INFORMATION 

■ 1. The authority citation for 7 CFR 

Part 1220 continues to read as follows: 

Authority: 7 U.S.C. 6301–6311 and 7 

U.S.C. 7401. 

■ 2. In § 1220.201, paragraph (a), the 

table is revised to read as follows: 

§ 1220.201 Membership of board. 

(a) * * * 

Unit Number of 

members 

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

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

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

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

Nebraska .................................... 4 

Ohio ............................................ 4 

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

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

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

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

Michigan ..................................... 3 

North Dakota .............................. 3 

Mississippi .................................. 3 

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

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

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

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

Pennsylvania .............................. 2 

Virginia ........................................ 2 

Maryland ..................................... 2 

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

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

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

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

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

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

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

New York .................................... 1 

Unit Number of 

members 

Eastern Region (Massachusetts, 

New Jersey, Connecticut, Florida, Rhode Island, Vermont, 

New Hampshire, Maine, West 

Virginia, District of Columbia, 

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

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

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

* * * * * 

Dated: December 26, 2012. 

David R. Shipman, 

Administrator. 

[FR Doc. 2012–31511 Filed 12–31–12; 8:45 am] 

BILLING CODE 3410–02–P 


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