Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 7985 

consisting of 12 members, each of whom 

shall have an alternate who shall have 

the same qualifications as the member 

for whom he or she is an alternate. The 

12-member committee shall be made up 

of the following: One public member 

(and alternate), and eleven members 

(and alternates). With the exception of 

the public member and alternate, all 

members and their respective alternates 

shall be growers or employees of 

growers. In accordance with § 920.31(l), 

district representation on the committee 

shall be based upon the previous fiveyear average production in the district 

and shall be established so as to provide 

an equitable relationship between 

membership and districts. The 

committee may, with the approval of the 

Secretary, provide such other allocation 

of membership as may be necessary to 

assure equitable representation. 

4. Revise § 920.21 to read as follows: 

§ 920.21 Term of office. 

The term of office of each member 

and alternate member of the committee 

shall be for two years from the date of 

their selection and until their successors 

are selected. The terms of office shall 

begin on August 1 and end on the last 

day of July, or such other dates as the 

committee may recommend and the 

Secretary approve. Provided, That the 

terms of office of all members and 

alternates currently serving will end on 

the last day of the fiscal period in which 

this amended provision becomes 

effective, with nominations for new 

terms of office to be conducted as soon 

as practicable after the effective date of 

the amendment. Members may serve up 

to three consecutive 2-year terms not to 

exceed 6 consecutive years as members. 

Alternate members may serve up to 

three consecutive 2-year terms not to 

exceed 6 consecutive years as alternate 

members. Provided, That any term of 

office less than two years as a result of 

the amendment will not count toward 

tenure. 

5. In § 920.22, revise the first sentence 

of paragraph (a) to read as follows: 

§ 920.22 Nomination. 

(a) Except as provided in paragraph 

(b) of this section, the committee shall 

hold, or cause to be held, not later than 

June 1 of each year in which 

nominations are made, or such other 

date as may be specified by the 

Secretary, a meeting or meetings of 

growers in each district for the purpose 

of designating nominees to serve as 

grower members and alternates on the 

committee. * * * 

* * * * * 

6. Revise § 920.26 to read as follows: 

§ 920.26 Vacancies. 

To fill any vacancy occasioned by the 

failure of any person selected as a 

member or as an alternate member of 

the committee to qualify, or in the event 

of the death, removal, resignation, or 

disqualification of any member or 

alternate member of the committee, a 

successor for the unexpired term of such 

member or alternate member of the 

committee shall be selected by the 

Secretary after consideration of 

recommendations which may be 

submitted by the committee, unless 

such selection is deemed unnecessary 

by the Secretary. The selection shall be 

made on the basis of representation 

provided for in § 920.20. 

7. Revise § 920.27 to read as follows: 

§ 920.27 Alternate members. 

An alternate member of the 

committee, during the absence of the 

member for whom that individual is an 

alternate, shall act in the place and 

stead of such member and perform such 

other duties as assigned. In the event 

both a member and his or her alternate 

are unable to attend a committee 

meeting, the committee may designate 

any other alternate member from the 

same district to serve in such member’s 

place and stead if necessary to secure a 

quorum. In the event of the death, 

removal, resignation, or disqualification 

of a member, the alternate of such 

member shall act for him or her until a 

successor for such member is selected 

and has qualified. 

8. Revise § 920.32 to read as follows: 

§ 920.32 Procedure. 

(a) Eight members of the committee, 

or alternates acting for members, shall 

constitute a quorum, and any action of 

the committee shall require the 

concurring vote of the majority of those 

present: Provided, That actions of the 

committee with respect to expenses and 

assessments, research and promotion 

activities, or recommendations for 

regulations pursuant to §§ 920.50 

through 920.55 of this part shall require 

at least eight concurring votes. 

(b) Committee meetings may be 

assembled or held by telephone, video 

conference, or other means of 

communication. The committee may 

vote by telephone, facsimile, or other 

means of communication. Votes by 

members or alternates present at 

assembled meetings shall be cast in 

person. Votes by members or alternates 

participating by telephone or other 

means of communication shall be by 

roll call; Provided, That a video 

conference shall be considered an 

assembled meeting, and votes by those 

participating through video conference 

shall be considered as cast in person. 

9. Add a new § 920.45 to read as 

follows: 

§ 920.45 Contributions. 

The committee may accept voluntary 

contributions, but these shall only be 

used to pay expenses incurred pursuant 

to § 920.47. Furthermore, such 

contributions shall be free from any 

encumbrances by the donor, and the 

committee shall retain complete control 

of their use. 

10. Add a new § 920.47 to read as 

follows: 

§ 920.47 Production research, marketing 

research and development. 

The committee, with the approval of 

the Secretary, may establish or provide 

for the establishment of production and 

post-harvest research, and marketing 

research and development projects 

designed to assist, improve, or promote 

the marketing, distribution, and 

consumption or efficient production of 

kiwifruit. The expense of such projects 

shall be paid from funds collected 

pursuant to §§ 920.41 and 920.45. 

[FR Doc. 2010–3477 Filed 2–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1218 

[Document Number AMS–FV–09–0021; FV– 

09–704] 

Blueberry Promotion, Research, and 

Information Order; Withdrawal of a 

Proposed Rule 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Withdrawal of proposed rule. 

SUMMARY: This action withdraws a 

proposed rule published in the Federal 

Register on July 27, 2009 (74 FR 36955), 

to amend the Blueberry Promotion, 

Research, and Information Order (Order) 

by increasing the assessment rate on 

producers and importers who produce 

or import more than 2,000 pounds of 

highbush blueberries annually from $12 

to $24 per ton. The Order is 

administered by the U.S. Highbush 

Blueberry Council (Council). 

Assessments are used by the Council to 

fund a nationally coordinated program 

of research, development, advertising, 

and promotion of highbush blueberries 

in the marketplace. The Council 

recommended increasing the assessment 

rate to expand its promotional and 

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7986 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 

research activities to bridge the 

potential gap between demand and 

future supply. Several comments were 

received in opposition to the proposed 

increase in assessment rate. 

Accordingly, based upon comments 

received, the proposed rule is being 

withdrawn. 

DATES: The proposed rule published on 

July 27, 2009 (74 FR 36955) is 

withdrawn as of February 23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Jimenez, Chief, Research and 

Promotion Branch, Fruit and Vegetable 

Programs, AMS, U.S. Department of 

Agriculture, Stop 0244, 1400 

Independence Avenue, SW., Room 

0632–S, Washington, DC 20250–0244; 

telephone: (888) 720–9917; facsimile: 

(202) 205–2800; or electronic mail: 

Sonia.Jimenez@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Blueberry 

Promotion, Research, and Information 

Order [7 CFR part 1218]. The Order is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 [7 U.S.C. 7411–7425]. 

This action withdraws a proposed 

rule published in the Federal Register 

on July 27, 2009 (74 FR 36955), to 

amend the Order by increasing the 

assessment rate on producers and 

importers who produce or import more 

than 2,000 pounds of highbush 

blueberries annually from $12 to $24 

per ton. The Council recommended this 

action to expand its promotional 

activities and add an advertising 

component to bridge the potential gap 

between highbush blueberry demand 

and future supply. Furthermore, it was 

the Council’s intent to use the 

additional revenue to strengthen 

existing consumer, food service, and 

food manufacturer publicity; to expand 

its health research; and to develop an 

educational campaign on good 

management practices and food safety 

within the United States as well as 

internationally. 

During the comment period, July 27 

through September 25, 2009, the 

Department of Agriculture received 45 

timely comments. These comments may 

be viewed on the Internet at http:// 

www.regulations.gov. Nineteen 

comments were opposed to increasing 

the assessment rate at this time and one 

comment supported a smaller increase 

of $18 per ton. 

In summary, the opposing 

commenters expressed concern with 

doubling the assessment rate in light of 

current, poor economic conditions. 

Several commenters also argued that 

there is no need to increase the 

assessment rate because revenue should 

increase with the anticipated increase in 

production. Others raised concerns 

about growers being able to cover their 

production costs if the assessment rate 

doubled. Given the comments received, 

AMS agrees that the proposed rule 

increasing the assessment rate from $12 

to $24 per ton should not be finalized. 

Therefore, the proposed rule is being 

withdrawn so as to allow further 

consideration by the Council. The 

Council should reconsider whether an 

increase in the assessment rate is 

appropriate, and if so, at what rate it 

should recommend any increase. 

The proposed rule to amend the Order 

by increasing the assessment rate on 

producers and importers who produce 

or import more than 2,000 pounds of 

highbush blueberries annually from $12 

to $24 per ton published in the Federal 

Register on July 27, 2009 (74 FR 36955), 

is hereby withdrawn. 

List of Subjects in 7 CFR Part 1218 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Blueberry promotion, Reporting and 

recordkeeping requirements. 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

Dated: February 17, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–3478 Filed 2–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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: Jeanette.Palmer@ams.usda.gov 

regarding blueberries; or Maureen T. 

Pello, Marketing Specialist, Research 

and Promotion Branch, telephone: (503) 

632–8848; facsimile (503) 632–8852; or 

electronic mail: 

Maureen.Pello@ams.usda.gov 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. 

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