[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 7986-7987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3446]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1218 and 1219

[Document Numbers AMS-FV-10-0006; AMS-FV-10-0007]


Blueberry and Hass Avocado Promotion, Research, and Information 
Orders; Section 610 Reviews

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of reviews and request for comments.

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SUMMARY: This document announces the Agricultural Marketing Service's 
(AMS) plans to review the Blueberry and Hass Avocado Promotion, 
Research, and Information Orders (Orders). Both reviews will be 
conducted under criteria contained in Section 610 of the Regulatory 
Flexibility Act (RFA).

DATES: Written comments must be received by April 26, 2010.

ADDRESSES: Interested persons are invited to submit written comments on 
the Internet at: http://www.regulations.gov or to the Research and 
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, Room 0632-S, 
Stop 0244, 1400 Independence Avenue, SW., Washington, DC 20250-0244; 
facsimile: (202) 205-2800. All comments should reference the docket 
number and the date and page number of this issue of the Federal 
Register and will be made available for public inspection in the above 
office during regular business hours or it can be viewed at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, 
Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 
Stop 0244, 1400 Independence Avenue, SW., Room 0632-S, Washington, DC 
20250-0244; telephone: (888) 720-9917; facsimile: (202) 205-2800; or 
electronic mail: <a href="/cdn-cgi/l/email-protection#ffb59a9e919a8b8b9ad1af9e93929a8dbf9e928cd18a8c9b9ed1989089"><span class="__cf_email__" data-cfemail="064c636768637272632856676a6b637446676b75287375626728616970">[email protected]</span></a> regarding blueberries; or 
Maureen T. Pello, Marketing Specialist, Research and Promotion Branch, 
telephone: (503) 632-8848; facsimile (503) 632-8852; or electronic 
mail: <a href="/cdn-cgi/l/email-protection#99d4f8ecebfcfcf7b7c9fcf5f5f6d9f8f4eab7eceafdf8b7fef6ef"><span class="__cf_email__" data-cfemail="7934180c0b1c1c1757291c1515163918140a570c0a1d18571e160f">[email protected]</span></a> regarding avocados.

SUPPLEMENTARY INFORMATION: The Blueberry Promotion, Research and 
Information Order (Blueberry Order) (7 CFR part 1218) is authorized 
under the Commodity Promotion, Research, and Information Act of 1996 
(1996 Act) (7 U.S.C. 7411-7425). The Hass Avocado Promotion, Research 
and Information Order (Avocado Order) (7 CFR part 1219) is authorized 
under the Hass Avocado Promotion, Research and Information Act of 2000 
(Avocado Act) (7 U.S.C. 7801-7813).
    The Blueberry Order became effective on August 16, 2000. The Order 
is administered by the U.S. Highbush Blueberry Council (Council) with 
oversight by the Department of Agriculture (USDA). The program is 
funded by assessments on highbush (cultivated) blueberries grown in and 
imported into the United States. Producers and importers pay the 
assessment. The producer assessment is remitted by first handlers, and 
the importer assessment is remitted by the U.S. Customs and Border 
Protection (Customs). Producers and importers who produce or import 
less than 2,000 pounds of highbush blueberries annually are exempt from 
the program. The purpose of the Order is to finance a coordinated 
program of promotion, research, and information to maintain and expand 
the market for fresh and processed cultivated blueberries in the United 
States and abroad.

[[Page 7987]]

    The Council is composed of 14 members as follows: 10 producers (one 
from each of four regions and one from each of the top six producing 
States); 1 importer; 1 exporter from a foreign production area; 1 
handler; and 1 public member. Each member has an alternate. The members 
and alternates are appointed to the Council by the Secretary of 
Agriculture and serve a term of 3 years.
    The Avocado Order became effective on September 9, 2002. The Order 
is administered by the Hass Avocado Board (Board) with oversight by 
USDA. The program is funded by assessments on fresh domestic and 
imported Hass avocados. Producers and importers pay the assessment. The 
producer assessment is remitted by first handlers, and the importer 
assessment is remitted by Customs. Exports of domestic Hass avocados 
are exempt from assessments. The purpose of the program is to increase 
consumption of Hass avocados in the United States.
    Under the Order, a state association of avocado producers receives 
85 percent of the assessments paid by domestic producers, and certified 
importer associations receive 85 percent of the assessments paid by 
their members. The State and importer associations use these funds to 
conduct State-of-origin and country-of-origin promotions, respectively.
    The Board is composed of 12 members, 7 who are producers and 5 who 
are importers. Each member has an alternate. The members and alternates 
are appointed to the Board by the Secretary of Agriculture and serve a 
term of 3 years.
    AMS published in the Federal Register on March 24, 2006 (71 FR 
14827), its plan to review certain regulations, including the Blueberry 
and Avocado Orders under criteria contained in section 610 of the RFA 
(5 U.S.C. 601-612). Because many AMS regulations impact small entities, 
AMS decided, as a matter of policy, to review certain regulations 
which, although they may not meet the threshold requirement under 
section 610 of the RFA, warrant review. According to the schedule 
published in 2006, this notice and request for comments is made for the 
Blueberry and Avocado Orders.
    The purpose of the review is to determine whether the Orders should 
be continued without change, amended, or rescinded (consistent with the 
objectives of the 1996 Act and Avocado Act, respectively) to minimize 
the impacts on small entities. AMS will consider the following factors: 
(1) The continued need for the Orders; (2) the nature of complaints or 
comments received from the public concerning the Orders; (3) the 
complexity of the Orders; (4) the extent to which the Orders overlap, 
duplicate, or conflict with other Federal rules, and, to the extent 
feasible, with State and local regulations; and (5) the length of time 
since the Orders have been evaluated or the degree to which technology, 
economic conditions, or other factors have changed in the area affected 
by the Orders.
    Written comments, views, opinions, and other information regarding 
the Order's impact on small businesses are invited.

    Dated: February 17, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-3446 Filed 2-22-10; 8:45 am]
BILLING CODE 3410-02-P


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