Proposed Rule2021-15161
Blueberry Promotion, Research and Information Order; Change in Membership, Nomination Procedures and Term of Office
Primary source
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Published
July 22, 2021
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This proposal invites comments on changes in membership of the U.S. Highbush Blueberry Council (Council) under the Blueberry Promotion, Research and Information Order (Order), by removing the first-handler member and alternate position and adding two exporter member and alternate positions. Conforming changes would be made to the nomination procedures. In addition, the proposal would allow members and alternates to remain in office until a successor is appointed. The Council administers the Order with oversight by the U.S. Department of Agriculture (USDA).
Full Text
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Proposed Rules]
[Pages 38590-38594]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15161]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 /
Proposed Rules
[[Page 38590]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1218
[Document Number AMS-SC-21-0022]
Blueberry Promotion, Research and Information Order; Change in
Membership, Nomination Procedures and Term of Office
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposal invites comments on changes in membership of the
U.S. Highbush Blueberry Council (Council) under the Blueberry
Promotion, Research and Information Order (Order), by removing the
first-handler member and alternate position and adding two exporter
member and alternate positions. Conforming changes would be made to the
nomination procedures. In addition, the proposal would allow members
and alternates to remain in office until a successor is appointed. The
Council administers the Order with oversight by the U.S. Department of
Agriculture (USDA).
DATES: Comments must be received by September 20, 2021.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. All comments must be submitted through
the Federal e-rulemaking portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
should reference the document number and the date and page number of
this issue of the Federal Register. All comments submitted in response
to this proposed rule will be included in the rulemaking record and
will be made available to the public. Please be advised that the
identity of the individuals or entities submitting comments will be
made public on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist,
Promotion and Economics Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC
20250-0244; telephone: (202) 720-5976; or electronic mail:
<a href="/cdn-cgi/l/email-protection#6f250a0e010a1b1b0a413f0e03020a1d2f1a1c0b0e41080019"><span class="__cf_email__" data-cfemail="b7fdd2d6d9d2c3c3d299e7d6dbdad2c5f7c2c4d3d699d0d8c1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This proposal is issued under the Order (7
CFR part 1218). The Order is authorized under the Commodity Promotion,
Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).
Executive Orders 12866 and 13563
Executive Orders 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). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules and promoting flexibility.
This action falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. 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 Executive Order 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 changes to the regulations
will be shared during an upcoming quarterly call, and tribal leaders
will be informed about the proposed revisions to the 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 this change to the Order.
Executive Order 12988
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. Section
524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect
or preempt any other Federal or State law authorizing promotion or
research relating to an agricultural commodity.
Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject
to an order may file a written petition with USDA stating that an
order, any provision of an order, or any obligation imposed in
connection with an order, is not established in accordance with the
law, and request a modification of an order or an exemption from an
order. Any petition filed challenging an order, any provision of an
order, or any obligation imposed in connection with an order, shall be
filed within two years after the effective date of an order, provision,
or obligation subject to challenge in the petition. The petitioner will
have the opportunity for a hearing on the petition. Thereafter, USDA
will issue a ruling on the petition. The 1996 Act provides that the
district court of the United States for any district in which the
petitioner resides or conducts business shall have the jurisdiction to
review a final ruling on the petition, if the petitioner files a
complaint for that purpose not later than 20 days after the date of the
entry of USDA's final ruling.
Background
This proposal invites comments on changes in the Council's
membership under the Order. The Council administers the Order with
oversight by USDA. Under the program, assessments are collected from
domestic producers and importers and used for research and promotion
projects designed to increase the demand for highbush blueberries. This
proposed action would remove the first-handler member and alternate
position and add two exporter member and alternate positions. This
would help ensure that the Council reflects the distribution of
domestic blueberry production and imports into the United States (U.S.)
Conforming changes would be made to the nomination procedures. This
proposal would also allow members and alternates to remain in office
until a successor is appointed. This change would permit the Council to
continue administration of the Order should appointments be delayed
beyond the specified term of office. The two actions were unanimously
[[Page 38591]]
recommended by the Council at its meetings on November 18, 2020 and
June 9, 2021.
Change in Membership
Section 1218.40(a) of the Order currently specifies that the
Council be comprised of no more than 20 members and alternates
appointed by the Secretary of Agriculture (Secretary). Twelve of the 20
members and alternates are producers. One producer member and alternate
are from each of the following regions within the U.S.: Region #1
Western Region; Region #2 Midwest Region; Region #3 Northeast Region;
and Region #4 Southern Region. One producer member and alternate are
from each of the top eight blueberry producing states, based upon the
average of the total tons produced over the previous three years.
Currently, these states include California, Florida, Georgia, Michigan,
New Jersey, North Carolina, Oregon, and Washington.
Of the remaining eight Council members and alternates, four members
and alternates are importers. Two members and alternates must be an
exporter, defined in Sec. 1218.40(a)(4) as a blueberry producer
currently shipping blueberries into the U.S. from the two largest
foreign blueberry production areas, based on a three-year average
(currently Chile and Canada). One member and alternate must be a first
handler, defined in Sec. 1218.40(a)(5) as a U.S. based independent or
cooperative organization which is a producer/shipper of domestic
blueberries. Finally, one member and alternate must represent the
public. The public member representation on research and promotion
boards is optional as provided for in the 1996 Act.
Section 1218.40(b) of the Order specifies that, at least once every
five years, the Council will review the geographical distribution of
the production of blueberries in the United States and the quantity of
imports. The review is conducted through an audit of state crop
production figures and Council assessment records. If warranted, the
Council will recommend to the Secretary that its membership be altered
to reflect changes in the geographical distribution of domestic
blueberry production and the quantity of imports.
The Council met on November 18, 2020 and then again on June 9,
2021, to review domestic production data, import data, and assessment
data for the past three years (2017-2019). This data is summarized in
Table 1 below:
Table 1--U.S. and Import Quantities and Assessment Data
----------------------------------------------------------------------------------------------------------------
U.S. crop-- Domestic
utilized Imports (1,000 (U.S.) Import
Year production \1\ lbs) \2\ assessments assessments
(1,000 lbs) \3\ \3\
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2017............................................ 512,740 398,190 $3,968,438 $3,577,559
2018............................................ 562,300 473,073 4,263,177 4,229,333
2019............................................ 673,050 579,181 5,172,055 5,040,722
3-year average.................................. 582,697 483,481 4,467,890 4,282,538
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Sources: \1\ NASS; \2\ U.S. Customs and Border Protection; \3\ Council Financial Audit Records 2019-2020.
As shown in Table 1, the quantity of imported blueberries, as well
as import assessments collected, has increased in recent years.
In that time, there has been a substantial increase of imported
product from both Peru and Mexico, with Peru exports into the U.S.
surpassing Canada in 2019, as shown in Table 2.
Table 2--Quantity of Blueberries From Foreign Production Areas
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Quantity (1,000 lbs)
Foreign blueberry production areas shipping into ---------------------------------------------------------------
the United States 2017 2018 2019 3-year average
----------------------------------------------------------------------------------------------------------------
Chile........................................... 162,932 181,951 164,872 169,918
Canada.......................................... 111,979 110,755 142,425 121,720
Peru............................................ 41,516 82,273 154,288 92,692
Mexico.......................................... 54,212 72,537 93,840 73,530
Argentina....................................... 26,099 23,581 22,130 23,937
All Other Countries............................. 1,451 1,976 1,627 1,685
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Source: U.S. Customs and Border Protection.
In 2015, the Council, after reviewing import and domestic
production and assessment data, recommended changes to the membership;
one such change included adding an additional exporter seat. At that
time, data indicated considerable increased imports from Chile. The
addition of the second exporter member allowed exporters from both
Chile and Canada, the two countries shipping the greatest volume of
blueberries into the U.S., to be represented on the Council. The
Council took a similar approach when reviewing and recommending this
proposed change in membership. It recognized the significant volume of
imports from Peru and Mexico, discussing the need to add
representatives from those production areas to the Council. Given the
decision to try to maintain its current size and based on the data
reviewed, it concluded it was important to have foreign producer
representation similar to the structure of the state producer
representation. Therefore, it recommended the addition of two exporter
members. Four exporter member positions would provide the four largest
foreign producing areas importing into the U.S., which represents
ninety-five percent of the total volume of blueberries imported
[[Page 38592]]
into the U.S., a voice on the Council. This would realign the Council's
membership to better reflect the distribution of domestic production
and the quantity of imports into the U.S.
The Council conducts nominations two out of every three years. The
Council is currently conducting nominations for seven member and
alternate positions (year-one cycle) whose three-year term of office
begins January 1, 2022, ending December 31, 2024. These include the
four regional producer members, one exporter member, one importer
member, the public member, and respective alternates. The Council will
conduct nominations in 2022 for 13 member and alternate positions
(year-two cycle) whose three-year term of office begins January 1,
2023, ending December 31, 2025. This would include one member from each
of the top eight producing states, three importer members, one exporter
member, the first-handler member, and respective alternates. To help
ensure a smooth transition, while aligning with the Council's
nomination schedule, the term of office for the recommended additional
exporter member positions would begin January 1, 2023. Therefore,
solicitation for the two additional exporter position nominees would be
included in the nominations scheduled to be conducted in 2022. Since
the first-handler member position is being replaced by one of the
exporter positions, nominations for this position would not be
conducted during the 2022 solicitation period. The first-handler member
and alternate member positions would terminate December 31, 2022.
USDA has recommended that the initial term of office for the two
additional exporter positions would be two years, instead of the
prescribed three-year term of office for all Council member and
alternate positions. The additional two exporter member and alternate
term of office would begin January 1, 2023, ending December 31, 2024.
As noted above, the Council conducts nominations two out of every three
years, with seven positions to be filled in year one, and thirteen in
year two. With including the nominations for the exporter positions in
the year-two cycle, total positions to be filled would be 14 of the 21-
member Council. Having an initial two-year term would align these two
additional exporter positions with the year-one nomination cycle,
reestablishing the distribution between the two nomination cycles.
Year-one nomination cycle would include solicitation for nine
positions: Four regional producer member positions, one importer member
position, three exporter member positions, one public member position,
and respective alternates. The year-two nomination cycle would include
solicitation for 12 positions: One member from each of the top eight
producing states, three importer members, one exporter member, and
respective alternates.
The 2022, 20-member Council would consist of one producer member
from each of the four regions (Western, Midwest, Northeast, Southern),
one producer member from each of the top eight producing states, four
importer members, two exporter members, first-handler member, public
member, and respective alternates.
The 2023 and subsequent 21-member Council would consist of one
producer member from each of the four regions (Western, Midwest,
Northeast, Southern), one producer member from each of the top eight
producing states, four importer members, four exporter members, one
public member, and respective alternates. 7 CRF 1218.40 would be
revised accordingly.
Nomination Procedures
Section 1218.41 establishes the procedures for nominations to
obtain Council nominees for appointment by the Secretary. Section
1218.41(c) provides for the nomination process for importer, exporter,
first-handler, and public member and alternate positions. Section
1218.41(d) requires producer, handlers, and importer nominees to be
compliant with the order provisions regarding payment of assessments
and filing of reports. With the replacement of the first-handler
position with two exporter positions, references to first-handler
member would be removed from these sections.
Term of Office
Section 1218.42 provides that Council nominations and appointments
will take place in two out of every three years, with each term of
office ending on December 31, and new terms of office beginning January
1. The Council recommended allowing members and their alternates to
remain in office until a successor is appointed. Currently, if
successors are not appointed by the January 1 date, those positions
remain vacant until the successors are named. The Order requires a
minimum of 11 members to hold a Council meeting. For the nomination
year with 12 positions expiring, if not appointed by the January 1
start date, the Council would be unable to meet until such appointments
were made. This could cause a lapse in the Council's ability to
properly administer the provisions of the Order. Allowing members to
serve until their successor is appointed would allow the Council to
continue administration should appointments be delayed beyond the
specified term of office. This change is similar to authority provided
for in other research and promotion orders.
Initial Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of the proposed rule on
small entities. Accordingly, AMS has considered the economic impact of
this action on such entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
disproportionately burdened. The Small Business Administration defines,
in 13 CFR part 121, small agricultural producers as those having annual
receipts of no more than $1,000,000 and small agricultural service
firms (first handlers and importers) as those having annual receipts of
no more than $30 million.
There are approximately 1,547 domestic producers, 71 first handlers
and 271 importers of highbush blueberries covered under the program.
Dividing the highbush blueberry crop value for 2019, $919 million,\1\
by the number of producers (1,547) yields an average annual producer
revenue estimate of $594,053. It is estimated that in 2019, about 99
percent of the first handlers shipped under $30 million worth of
highbush blueberries. Based on 2019 U.S. Border and Customs (Customs)
data, it is estimated that over 99 percent of the importers shipped
under $30 million worth of highbush blueberries. Based on the
foregoing, the majority of producers, first handlers and importers may
be classified as small entities. We do not have information concerning
the number of exporters and their size. Comments providing any
information or data concerning exporters are requested.
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\1\ Noncitrus Fruits and Nuts 2019 Summary.
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Regarding value of the commodity, as mentioned above, based on 2019
NASS data, the value of the domestic highbush blueberry crop was about
$919 million. According to Customs data, the value of 2019 imports was
about $1.04 billion.
It is not anticipated that this action would impose additional
costs on industry members. Eligible producers, importers and exporters
interested in serving on the Council would have to complete a
background questionnaire. Those requirements are addressed later in
this proposal.
[[Page 38593]]
This proposal invites comments on revising Sec. Sec. 1218.40,
1218.41 and 1218.42 of the Order regarding Council membership,
nominations, and term of office, respectively. The Council administers
the Order with oversight by USDA. Under the program, assessments are
collected from domestic producers and importers and used for research
and promotion projects designed to increase the demand for highbush
blueberries. The proposed action would remove the first-handler and
alternate position and add two exporter member and alternate positions.
This would help ensure that the Council reflects the distribution of
domestic blueberry production and imports into the U.S. Conforming
changes would be made to the nomination procedures. This proposal would
also allow members and alternates to remain in office until a successor
is appointed. This change would allow the Council to continue
administration of the Order should appointments be delayed beyond the
specified term of office. Authority for this action is provided in
Sec. Sec. 1218.40(b) and 1218.47(m) of the Order and section 7414 of
the 1996 Act.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection and recordkeeping requirements
that are imposed by the Order have been approved previously under OMB
control number 0581-0093 and 0505-0001. Eligible producers, importers,
exporters, first-handler, and public members interested in serving on
the Council are required to complete a background questionnaire (Form
AD-755) to verify their eligibility. Adding an exporter member and
alternate member to the Council would require four additional exporters
to submit background forms (AD-755) to USDA, once every three years, in
order to be considered for appointment to the Council. The Secretary
requires two names to be submitted for each open seat on the Council.
The public reporting burden is estimated to increase the total burden
hours by less than one hour. This additional burden would be included
in the existing information collection approved for use under OMB
control number 0581-0093. In addition, serving on the Council is
optional, and the burden of submitting the background form would be
offset by the benefits of additional representation on the Council.
The previously approved background questionnaire would be revised
eliminating the first-handler section. It would impose an increase of
the total reporting and recordkeeping burden hours by less than one
hour on blueberry producers, importers, or exporters.
As with all Federal promotion programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. USDA has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this proposed rule.
Regarding alternatives, the Council has been discussing its
membership and potential changes to reflect the distribution of
domestic production and imports for the past few years. The Council's
Executive Committee met to formulate and consider various options. One
option was to replace two of the four regional producer positions, with
the exporter positions, reallocating the two regions as East and West,
with one position for each region. Another option considered was to
eliminate the first-handler and public member positions; reallocate the
regions to East and West, with one position for each region; and add
two importer positions and two exporter positions. The Council also
considered maintaining the status quo. It concluded, upon reviewing the
domestic production and import statistics, that it was important to
have foreign producer representation from the top four countries
importing highbush blueberries into the U.S. represented on the
Council. Thus, the Council recommended revising the Order to remove the
first-handler and alternate position and add two exporter member and
alternate positions.
Regarding outreach efforts, this action was discussed by the
Council at meetings in October 2018, as well as by the Council and
committees in 2019 and 2020. The Council met in November 2020 and in
June 2021 and unanimously made its recommendation. All of the Council's
meetings are open to the public and interested persons are invited to
participate and express their views.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities or citizen access to Government information and
services, and for other purposes.
We have performed this initial RFA analysis regarding the impact of
the proposed action on small entities and we invite comments concerning
the potential effects of this action.
USDA has determined that this proposed rule is consistent with and
would effectuate the purpose of the 1996 Act.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments received in response to
this proposed rule by the date specified will be considered prior to
finalizing this action.
List of Subjects in 7 CFR Part 1218
Administrative practice and procedure, Advertising, Blueberry
promotion, Consumer information, Marketing agreements, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1218 is
proposed to be amended as follows:
PART 1218--BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER
0
1. The authority citation for 7 CFR part 1218 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
0
2. In Sec. 1218.40, paragraph (a) is revised to read as follows:
Sec. 1218.40 Establishment and membership.
(a) Establishment of the U.S. Highbush Blueberry Council. There is
hereby established a U.S. Highbush Blueberry Council, hereinafter
called the Council, shall be comprised of no more than 20 members and
alternates for the 2022 Council, and comprised of no more than 21
members and alternates for the 2023 Council and each subsequent
Council, appointed by the Secretary from nominations as follows:
(1) The 2022 Council shall be comprised of:
(i) One producer member and alternate from each of the following
regions:
(A) Region #1 Western Region (all states from the Pacific east to
the Rockies): Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
(B) Region #2 Midwest Region (all states east of the Rockies to the
Great Lakes and south to the Kansas/Missouri/Kentucky state line):
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota,
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
(C) Region #3 Northeast Region (all states east of the Great Lakes
and North of the North Carolina/Tennessee state line): Connecticut,
Delaware, New York, Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, Pennsylvania, Rhode Island, Virginia, Vermont, Washington, DC,
and West Virginia.
[[Page 38594]]
(D) Region #4 Southern Region (all states south of the Virginia/
Kentucky/Missouri/Kansas state line and east of the Rockies): Alabama,
Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina,
Oklahoma, Puerto Rico, South Carolina, Tennessee, and Texas.
(ii) One producer member and alternate from each of the top eight
blueberry producing states, based on the average of the total tons
produced over the previous three years. Average tonnage will be based
upon production and assessment figures generated by the Council.
(iii) Four importers and alternates.
(iv) Two exporters and alternates will be filled by foreign
blueberry producers currently shipping blueberries into the United
States from the two largest foreign blueberry production areas,
respectively, based on a three-year average.
(v) One first-handler member and alternate shall be filled by a
United States based independent or cooperative organization which is a
producer/shipper of domestic blueberries.
(vi) One public member and alternate. The public member and
alternate public member may not be a blueberry producer, handler,
importer, exporter, or have a financial interest in the production,
sales, marketing or distribution of blueberries.
(2) The 2023 and subsequent Council shall be composed of:
(i) One producer member and alternate from each of the following
regions:
(A) Region #1 Western Region (all states from the Pacific east to
the Rockies): Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
(B) Region #2 Midwest Region (all states east of the Rockies to the
Great Lakes and south to the Kansas/Missouri/Kentucky state line):
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota,
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
(C) Region #3 Northeast Region (all states east of the Great Lakes
and North of the North Carolina/Tennessee state line): Connecticut,
Delaware, New York, Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, Pennsylvania, Rhode Island, Virginia, Vermont, Washington, DC,
and West Virginia.
(D) Region #4 Southern Region (all states south of the Virginia/
Kentucky/Missouri/Kansas state line and east of the Rockies): Alabama,
Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina,
Oklahoma, Puerto Rico, South Carolina, Tennessee, and Texas.
(ii) One producer member and alternate from each of the top eight
blueberry producing states, based on the average of the total tons
produced over the previous three years. Average tonnage will be based
upon production and assessment figures generated by the Council.
(iii) Four importers and alternates.
(iv) Four exporters and alternates will be filled by foreign
blueberry producers currently shipping blueberries into the United
States from the four largest foreign blueberry production areas,
respectively, based on a three-year average.
(v) One public member and alternate. The public member and
alternate public member may not be a blueberry producer, handler,
importer, exporter, or have a financial interest in the production,
sales, marketing or distribution of blueberries.
* * * * *
0
3. In Sec. 1218.41, paragraphs (c) and (d) are revised to read as
follows:
Sec. 1218.41 Nominations and appointments.
* * * * *
(c) Nominations for the importer, exporter, and public member
positions will be made by the Council. Two nominees for each member and
each alternate position will be recommended to the Secretary for
consideration. Other qualified persons interested in serving in these
positions but not recommended by the Council will be designated by the
Council as additional nominees for consideration by the Secretary.
(d) Producer and importer nominees must be in compliance with the
Order's provisions regarding payment of assessments and filing of
reports. Further, producers and importers must produce or import,
respectively, 2,000 pounds or more of highbush blueberries annually.
* * * * *
0
4. Section 1218.42 is revised to read as follows:
Sec. 1218.42 Term of office.
Council members and alternates will serve for a term of three years
and be able to serve a maximum of two consecutive terms. A Council
member may serve as an alternate during the years the member is
ineligible for a member position. When the Council is first
established, the state representatives, first-handler member, and their
respective alternates will be assigned initial terms of three years.
Regional representatives, the importer member, the exporter member,
public member, and their alternates will serve an initial term of two
years. Thereafter, each of these positions will carry a full three-year
term. Council nominations and appointments will take place in two out
of every three years. Each term of office will end on December 31, with
new terms of office beginning on January 1. Council members and
alternates shall serve during the term of office for which they have
been appointed and qualified, and until their successors are appointed.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-15161 Filed 7-21-21; 8:45 am]
BILLING CODE P
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