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

50915 

Vol. 74, No. 190 

Friday, October 2, 2009 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 354 

[Docket No. APHIS–2009–0048] 

RIN 0579–AC99 

User Fees for Agricultural Quarantine 

and Inspection Services 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule; delay of effective 

date. 

SUMMARY: On September 28, 2009, we 

published an interim rule in the Federal 

Register to adjust the fees charged for 

certain agricultural quarantine and 

inspection (AQI) services that are 

provided in connection with certain 

commercial vessels, commercial trucks, 

commercial railroad cars, commercial 

aircraft, and international airline 

passengers arriving at ports in the 

customs territory of the United States. 

That interim rule was scheduled to 

become effective on October 1, 2009. We 

are delaying the effective date of the 

interim rule until November 1, 2009. 

This delay will provide entities affected 

by the changes in AQI user fees 

additional time to make the necessary 

preparations to comply with the new 

fees. 

DATES: The effective date for the interim 

rule amending 7 CFR part 354 published 

at 74 FR 49311–49315 on September 28, 

2009, is delayed until November 1, 

2009. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning program 

operations, contact Mr. William E. 

Thomas, Director, Quarantine Policy, 

Analysis, and Support, PPQ, APHIS, 

4700 River Road, Unit 131, Riverdale, 

MD 20737; (301) 734–5214. For 

information concerning rate 

development, contact Mrs. Kris Caraher, 

User Fee Section, Financial Services 

Branch, Financial Management 

Division, MRPBS, APHIS, 4700 River 

Road Unit 55, Riverdale, MD 20737– 

1232; (301) 734–0882. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule published in the 

Federal Register on September 28, 2009 

(74 FR 49311–49315, Docket No. 

APHIS–2009–0048), we amended the 

user fee regulations in 7 CFR part 354 

by adjusting the fees charged for certain 

agricultural quarantine and inspection 

(AQI) services that are provided in 

connection with certain commercial 

vessels, commercial trucks, commercial 

railroad cars, commercial aircraft, and 

international airline passengers arriving 

at ports in the customs territory of the 

United States. In the interim rule, we 

explained that the recent downturn in 

the U.S. economy has negatively 

impacted travel volumes, and, as a 

result, our user fee collections, which 

fund these services, have diminished. 

Although the volume of international 

travel and trade has decreased, 

inspection and related support services 

continue to be provided at their existing 

levels, so expenses have not decreased. 

As a result, our user fee collections have 

not been sufficient to enable us to 

provide those services and maintain a 

reasonable reserve balance. We therefore 

found it necessary to increase our AQI 

user fees in order to provide adequate 

funds for these purposes. 

The interim rule was scheduled to 

become effective on October 1, 2009. We 

are delaying the effective date of the 

interim rule until November 1, 2009. 

This delay will provide entities affected 

by the changes in AQI user fees 

additional time to make the necessary 

preparations to comply with the new 

fees. 

Accordingly, the effective date for the 

interim rule amending 7 CFR part 354 

published at 74 FR 49311–49315 on 

September 28, 2009, is delayed until 

November 1, 2009. 

Authority: 7 U.S.C. 7701–7772, 7781– 

7786, and 8301–8317; 21 U.S.C. 136 and 

136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 

371.3. 

Done in Washington, DC, this 30th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–23930 Filed 9–30–09; 4:15 pm] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1209 

[Doc. No. AMS–FV–08–0047; FV–08–702– 

FR] 

RIN 0581–AC82 

Amendments to Mushroom Promotion, 

Research, and Consumer Information 

Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule amends provisions 

of the Mushroom Promotion, Research, 

and Consumer Information Order 

(Order) to reapportion membership of 

the Mushroom Council (Council) to 

reflect shifts in United States mushroom 

production as well as to add language to 

the powers and duties section of the 

Order allowing the Council the power to 

develop and propose good agricultural 

and handling practices and related 

activities for mushrooms. Section 10104 

of the Food, Conservation and Energy 

Act of 2008 (2008 Farm Bill) amended 

sections 1925(b)(2) and (c) of the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990 

(Act). Specifically, section 10104 

changed the Act’s requirements for 

geographic regions used to appoint 

producer members of the Council from 

four to three, and adjusted the pounds 

required by each region for Council 

membership, which reallocated Council 

member representation in two of the 

three producer geographic regions 

(Regions 1 and 2). Section 10104 also 

added language to the powers and 

duties section of the Act that authorizes 

the Council to develop and propose 

good agricultural practices and related 

activities for mushrooms. A referendum 

was held among eligible mushroom 

producers and importers and they voted 

in favor of the amendments. Therefore, 

this rule amends changes to the Order 

based on the amendments to the Act. 


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50916 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 

DATES: October 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Research and Promotion Branch (RPB), 

Fruit and Vegetable Programs (FVP), 

AMS, USDA, 1400 Independence 

Avenue, SW., Room 0632, Stop 0244, 

Washington, DC 20250–0244; telephone: 

(202) 720–9915 or (888) 720–9917 (toll 

free); or facsimile: (202) 205–2800; or 

e-mail: Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Mushroom 

Promotion, Research, and Consumer 

Information Order (Order) [7 CFR part 

1209]. The Order is authorized under 

the Mushroom Promotion, Research, 

and Consumer Information Act of 1990 

(Act) [7 U.S.C. 6101–6112]. 

A proposed rule was published in the 

Federal Register on April 7, 2009, [74 

FR 15677] with a thirty-day comment 

period which closed on May 7, 2009. 

Three comments were received by the 

May 7, 2009, deadline. These comments 

were discussed in a second proposed 

rule and referendum order that was 

published in the Federal Register on 

June 5, 2009, [74 FR 26984]. 

Pursuant to section 1209.300 of the 

Order, a referendum was conducted 

among mushroom producers and 

importers to determine whether the 

reapportion of membership on the 

Council reflecting shifts in United States 

mushroom production as well as to add 

language to the powers and duties 

section of the Order allowing the 

Council the power to develop and 

propose good agricultural and handling 

practices and related activities for 

mushrooms was favored by persons 

voting in the referendum. 

The representative period for 

establishing voter eligibility for the 

referendum was January 1, 2007, 

through December 31, 2008. Section 

1924(b)(3) of the Act requires that the 

Order be approved by a majority of 

producers and importers voting in the 

referendum which majority, on average, 

annually produces and imports into the 

United States more than 50 percent of 

mushrooms annually produced and 

imported by all those persons voting in 

the referendum. Only mushroom 

producers and importers who either 

produced or imported, on average, over 

500,000 pounds of mushrooms annually 

during the representative period were 

eligible to vote in the referendum. 

Mushroom producers and importers 

who have received an exemption from 

assessment for the entire representative 

period were ineligible to vote. The 

referendum was conducted by mail 

ballot from July 6, 2009, through July 

17, 2009. Eighty-seven percent of those 

voting in the referendum, representing 

94 percent of the volume who voted in 

the referendum, approved the 

amendments to the Order. 

Executive Order 12866 

This rule has been determined not 

significant for purposes of Executive 

Order 12866 and therefore has not been 

reviewed by the Office of Management 

and Budget (OMB). 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. The rule is not intended to have 

a retroactive effect. Section 1930 of the 

Act provides that nothing in the Act 

may be construed to preempt or 

supersede any other program relating to 

mushroom promotion, research, 

consumer information, or industry 

information organized and operated 

under the laws of the United States or 

any State. 

Under section 1927 of the Act, a 

person subject to an Order may file a 

written petition with the Department 

stating that the Order, any provision of 

the Order, or any obligation imposed in 

connection with the Order, is not in 

accordance with the law, and requesting 

a modification of the Order or an 

exemption from the Order. Any petition 

filed challenging the Order, any 

provision of the Order, or any obligation 

imposed in connection with the Order, 

shall be filed within two years after the 

effective date of the Order, provision, or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, the Department will 

issue a ruling on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the petitioner resides or carries on 

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 the Department’s 

final ruling. 

Final Regulatory Flexibility Analysis 

and Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601– 

612], the Agricultural Marketing Service 

(AMS) has examined the economic 

impact of this rule on small entities that 

would be affected by this rule. The 

purpose of the RFA is to fit regulatory 

actions to the scale of business subject 

to such actions in order that small 

businesses will not be unduly or 

disproportionately burdened. 

The Small Business Administration 

defines, in 13 CFR part 121, small 

agricultural producers as those having 

annual receipts of no more than 

$750,000 and small agricultural service 

firms (importers) as having receipts of 

no more than $7,000,000. There are 

approximately 107 producers and 18 

importers subject to the Order, and thus, 

eligible to serve on the Council. The 

majority of these producers and 

importers would not be considered 

small entities as defined by the Small 

Business Administration. Producers and 

importers of 500,000 pounds or less on 

average of mushrooms for the fresh 

market are exempt from the Order. 

The current Order provides for the 

establishment of a Council consisting of 

at least four members and not more than 

nine members. For the purpose of 

nominating and appointing producers to 

the Council, the United States was 

divided into four geographic regions 

(Regions 1, 2, 3, and 4) with Council 

member representation allocated for 

each region based on the geographic 

distribution of mushroom production. 

Currently, for importers (referred to as 

Region 5), one Council member seat was 

allocated when imports, on average, 

exceed 35,000,000 pounds of 

mushrooms annually. The Order also 

specifies that the Council will review— 

at least every five years and not more 

than every three years—the geographic 

distribution of United States mushroom 

production volume and import volume, 

and recommend changes accordingly. 

Section 10104 of the 2008 Farm Bill 

amended sections 1925(b)(2) and (c) of 

the Mushroom Promotion, Research, 

and Consumer Information Act of 1990 

[7 U.S.C. 6101–6112]. Specifically, 

section 10104 reapportioned the Act’s 

requirements for geographic regions that 

represent the geographic distribution of 

mushroom production in order to 

appoint producer members of the 

Council from four to three, and adjusted 

the pounds required by each region 

(including importers) for Council 

membership. This rule changes the 

current five geographic regions to four 

as follows: Region 1—all other States 

including the District of Columbia and 

the Commonwealth of Puerto Rico 

except for Pennsylvania and California; 

Region 2—the State of Pennsylvania; 

Region 3—the State of California; and 

Region 4—importers. Finally, section 

10104 added language to the powers 

and duties section of the Act that 

authorizes the Council to develop and 

propose good agricultural and handling 

practices, and related activities for 

mushrooms. 

In 1990, there were 466 mushroom 

farms in 26 states, as reported by the 

National Agricultural Statistics Service 

(NASS). Mushroom farms, like many 


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Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 50917 

other agricultural sectors, have 

experienced significant consolidation. 

In 2007, NASS reported 279 mushroom 

farms in 18 states. Pennsylvania, the 

largest mushroom producing state, 

produced 332.5 million pounds in 1990. 

Last year, NASS reported that 

Pennsylvania produced 496.6 million 

pounds accounting for 61 percent of the 

total volume of sales in the United 

States. According to the Council, 

changing economic conditions over the 

past 18 years, coupled with innovations 

in production methods, advancements 

in cold chain management and longrange transportation options have all 

contributed to mushroom farming 

operations becoming larger, but fewer in 

number. Currently, there are 107 entities 

in 11 states which are subject to the Act, 

and therefore eligible for nomination to 

the Council. Several of these entities are 

owned by companies which have 

multiple operations in different states. 

The Act states that no more than one 

member may be appointed to the 

Council from nominations submitted by 

any one producer or importer. 

According to NASS, at present 73 

percent of all domestic producers 

subject to the Act are located in the state 

of Pennsylvania. The value of sales for 

mushrooms shipped from Pennsylvania 

grew 16 percent from July 1, 2004 to 

June 30, 2008. Of the remaining 29 

producers subject to the Act, not located 

in Pennsylvania, 59 percent reside in 

the state of California, with the 

remaining 12 producers scattered among 

9 states. The value of sales for 

mushrooms shipped from California 

increased 8 percent from July 1, 2004 to 

June 30, 2008, while the value of sales 

for mushrooms shipped from the rest of 

the United States (excluding 

Pennsylvania) declined 3 percent. 

Pennsylvania and California alone 

account for 77 percent of all domestic 

producers subject to the Act and are 

growing in terms of fresh pounds 

produced and shipped, and thus are 

likely to remain viable regions for the 

foreseeable future. Pennsylvania’s 

designation as one of the three regions 

in the United States ensures that it 

receives representation relative to its 

production. With nearly 60 percent of 

the remaining producers subject to the 

Act and growing, California would also 

benefit from a regional designation. In 

reviewing the geographical regions, the 

Department also reviewed the importer 

seats to ensure that importers are 

adequately represented based on annual 

production numbers. Importers have a 

four year average annual production 

from January 1, 2004, through December 

31, 2007, of 68 million pounds. 

Therefore, according to the changes 

made to the Act and the changes to the 

Order, importer representation on the 

Council will remain the same. 

Section 1925(b)(2) of the Act, 

Appointments, states that in making 

appointments of members to the 

Council, the Secretary shall take into 

account, to the extent practicable, the 

geographical distribution of mushroom 

production throughout the United 

States, and the comparative volume of 

mushrooms imported into the United 

States. 

According to the Council, the 

reduction in the number of regions from 

four to three for domestic production 

and the increase in pounds required for 

seats in each region will more 

accurately reflect the current status of 

mushroom production in the United 

States. 

This rule changes the five current 

geographic regions as follows: Region 

1—all other States including the District 

of Columbia and the Commonwealth of 

Puerto Rico except for Pennsylvania and 

California; Region 2—the State of 

Pennsylvania; Region 3—the State of 

California; and Region 4—importers. 

In accordance with amendments to 

the Act, this rule increases the threshold 

for regional representation on the 

Council from a production average of at 

least 35 million pounds to at least 50 

million pounds annually. Each region 

that produces on average, at least 50 

million pounds of mushrooms annually 

shall be entitled to one representative 

on the Council. 

This rule also changes the way 

additional members are appointed to the 

Council. Pursuant to the amendments to 

the Acts made by the 2008 Farm Bill, 

and subject to the nine-member limit of 

members on the Council, the Secretary 

shall appoint additional members to the 

Council from a region that attains 

additional pounds of production as 

follows: 

(i) If the annual production of a region 

is greater than 110,000,000 pounds, but 

less than or equal to 180,000,000 

pounds, the region shall be represented 

by 1 additional member. 

(ii) If the annual production of a 

region is greater than 180,000,000 

pounds, but less than or equal to 

260,000,000 pounds, the region shall be 

represented by 2 additional members. 

(iii) If the annual production of a 

region is greater than 260,000,000 

pounds, the region shall be represented 

by 3 additional members. 

Should, in the aggregate, regions be 

entitled to levels of representation that 

would exceed the nine-member limit on 

the Council under the Act, the seat or 

seats assigned would be assigned to that 

region or those regions with greater onaverage production or import volume 

than the other regions otherwise eligible 

at that increment level. 

Section 1925(c) of the Act was also 

amended by the 2008 Farm Bill to 

include language that authorizes the 

Council to develop and propose to the 

Secretary programs for good agricultural 

and good handling practices and related 

activities for mushrooms. Therefore, this 

rule amends section 1209.38 of the 

Order to include the following language: 

‘‘to develop and propose to the 

Secretary programs for good agricultural 

and good handling practices and related 

activities for mushrooms.’’ 

The overall impact of the 

amendments will be favorable for 

producers and importers because the 

producers and importers would have 

more equitable representation on the 

Council based on United States 

mushroom production volume and 

import volume. 

In accordance with the Office of 

Management and Budget (OMB) 

regulation [5 CFR part 1320] which 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. Chapter 35], there 

are no new information collection 

requirements contained in this rule 

because the number of producer 

members will remain unchanged at nine 

producer members. The information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) under 

OMB control number 0581–0093. 

The Department has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Background 

The Order is authorized under the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990 [7 

U.S.C. 6101–6112], and is administered 

by the Council. Under the Order, the 

Council administers a nationally 

coordinated program of research, 

development, and information designed 

to strengthen the fresh mushroom’s 

position in the market place and to 

establish, maintain, and expand markets 

for fresh mushrooms. The program is 

financed by an assessment of $0.005 

cents per pound on any person who 

produces or imports over 500,000 

pounds of mushrooms for the fresh 

market annually. Under the Order, 

handlers collect and remit producer 

assessments to the Council, and 

assessments paid by importers are 

collected and remitted by the United 

States Customs and Border Protection. 

The Order provides for the 

establishment of a Council consisting of 


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50918 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 

at least four members and not more than 

nine members. For the purpose of 

nominating and appointing producers to 

the Council, the United States was 

divided into four geographic regions 

(Regions 1, 2, 3, and 4) with Council 

member representation allocated for 

each region based on the geographic 

distribution of mushroom production. 

For importers (referred to as Region 5), 

one Council member seat was allocated 

when imports, on average, exceeds 35 

million pounds of mushrooms annually. 

Section 1209.30(d) of the Order 

provides that at least every five years, 

and not more than every three years, the 

Council shall review changes in the 

geographic distribution of mushroom 

production volume throughout the 

United States and import volume, using 

the average annual mushroom 

production and imports over the 

preceding four years. Based on the 

review, the Council is required to 

recommend reapportionment of the 

regions or modification of the number of 

members from such regions, or both, to 

reflect shifts in the geographic 

distribution of mushroom production 

volume and importer representation. 

Based on the amendments to the Act 

made by section 10104 of the Farm Bill, 

and a review of United States 

mushroom production volume and 

import volume, this rule changes the 

current five regions to four as follows: 

Region 1—all other States including the 

District of Columbia and the 

Commonwealth of Puerto Rico except 

for Pennsylvania and California; Region 

2—the State of Pennsylvania; Region 

3—the State of California; and Region 

4—importers. 

The current Order also provides that 

each producer region that produces, on 

average, at least 35 million pounds of 

mushrooms annually is entitled to one 

member. The current Order also states 

that importers shall be represented by a 

single, separate region, and are also 

entitled to one representative, if on 

average, at least 35 million pounds of 

mushrooms are imported annually. 

Further, the current Order states that 

each region shall be entitled to 

representation by an additional Council 

member for each 50 million pounds of 

annual production or imports, on 

average, in excess of the initial 35 

million pounds required to qualify the 

region for representation, until the nine 

seats on the Council are filled. Section 

1209.12 of the Order provides that ‘‘on 

average’’ means a rolling average of 

production or imports during the last 

two fiscal years, or such other period as 

may be determined by the Secretary. For 

purposes of this rule, and as provided 

under the Order, ‘‘on average’’ reflects a 

rolling average of production or imports 

during the last four fiscal years. 

Section 1209.30(e)(4)(iii) of the 

current Order, provides that should 

regions be entitled to levels of 

representation that would exceed the 

nine-member limit on the Council under 

the Act, the regions shall be entitled to 

representation on the Council as 

follows: Each region with 50 million 

pounds of annual production or 

imports, on average, in excess of the 

initial 35 million pounds required to 

qualify the region for representation 

shall be assigned one additional 

representative on the Council, except 

that if under such assignments all five 

regions, counting importers as a region, 

if applicable, would be entitled to 

additional representatives, that region 

with the smallest on-average volume, in 

terms of production or imports, will not 

be assigned an additional 

representative. According to section 

1209.30(f) of the current Order, in 

determining the volume of mushrooms 

produced in the United States or 

imported into the United States, the 

Council and the Secretary shall: (1) 

Only consider mushrooms produced or 

imported by producers and importers, 

respectively, as those terms are defined 

in sections 1209.8 and 1209.15; and (2) 

used the information received by the 

Council under section 1209.60, and data 

published by the Department. 

In addition, the current Order 

provides that if after members are 

assigned to the regions, less than the 

entire nine seats on the Council have 

been assigned to regions, the remaining 

seats on the Council shall be assigned to 

each region for each 50 million pound 

increment of annual production or 

import volume, on average, in excess of 

85 million pounds until all the seats are 

filled. If for any such 50 million pound 

increment, more regions are eligible for 

seats than there are seats available, the 

seat or seats assigned for such increment 

shall be assigned to that region or those 

regions with greater on-average 

production or import volume than the 

other regions otherwise eligible at that 

increment level. 

Pursuant to the amendments made to 

the Act made by the 2008 Farm Bill, this 

rule increases the threshold for regional 

representation on the Council from a 

production average of at least 35 million 

pounds to at least 50 million pounds 

annually. Each region that produces on 

average, at least 50 million pounds of 

mushrooms annually shall be entitled to 

one representative on the Council. 

In addition, this rule changes 

language in the Order regarding how 

additional members are added to the 

Council. Additional members from each 

region that attains additional pounds of 

production would now be appointed to 

the Council as follows: 

(i) If the annual production of a region 

is greater than 110,000,000 pounds, but 

less than or equal to 180,000,000 

pounds, the region shall be represented 

by 1 additional member. 

(ii) If the annual production of a 

region is greater than 180,000,000 

pounds, but less than or equal to 

260,000,000 pounds, the region shall be 

represented by 2 additional members. 

(iii) If the annual production of a 

region is greater than 260,000,000 

pounds, the region shall be represented 

by 3 additional members. 

This amendment to the Order changes 

the number of regions and Council 

member representatives as follows: 

Region 1—all other States including the 

District of Columbia and the 

Commonwealth of Puerto Rico except 

for Pennsylvania and California; Region 

2—the State of Pennsylvania; Region 

3—the State of California; and Region 

4—importers. 

Should, in the aggregate, regions be 

entitled to levels of representation that 

would exceed the nine-member limit on 

the Council under the Act, the seat or 

seats assigned shall be assigned to that 

region or those regions with greater onaverage production or import volume 

than the other regions otherwise eligible 

at that increment level. 

Section 1925(c) of the Act was also 

amended by the 2008 Farm Bill to insert 

language allowing the Council to 

develop and propose to the Secretary 

programs for good agricultural and good 

handling practices and related activities 

for mushrooms. Therefore, this rule 

amends section 1209.38 of the Order to 

include the following line: ‘‘to develop 

and propose to the Secretary programs 

for good agricultural and good handling 

practices and related activities for 

mushrooms.’’ 

Finally, this rule terminates section 

1209.230 of the regulations concerning 

reallocation of Council members. 

The Department published the 

proposal for public comment in the 

April 7, 2009, Federal Register [74 FR 

15677]. Three comments were received 

by the May 7, 2009, deadline. These 

comments were discussed in the June 5, 

2009, proposed rule published in the 

Federal Register [74 FR 26984] which 

included a Referendum Order. 

General Findings 

The Department conducted a 

referendum among eligible producers 

and importers of mushrooms from July 

6, 2009 through July 17, 2009, to 

determine whether they favor to amend 

provisions of the Mushroom Promotion, 


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Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 50919 

Research, and Consumer Information 

Order to reapportion membership of the 

Mushroom Council to reflect shifts in 

United States mushroom production as 

well as to add language to the powers 

and duties section of the Order allowing 

the Council the power to develop and 

propose good agricultural and handling 

practices and related activities for 

mushrooms. The representative period 

for establishing voter eligibility was 

from January 1, 2007, through December 

31, 2008. Mushroom producers and 

importers who either produced or 

imported, on average, over 500,000 

pounds of mushrooms annually during 

the representative period were eligible 

to vote in the referendum. Eighty-seven 

percent of those voting, representing 94 

percent of the volume voted in the 

referendum favored the amendments to 

the Order. 

It is determined that a majority of 

those who voted favored the 

implementation of the Order and that 

those voters favoring implementation 

represented a majority of the 

mushrooms produced and imported by 

all voters in the referendum. To become 

effective the Order had to be approved 

by a majority of producers and 

importers voting in the referendum, 

which majority, on average, annually 

produced and imported into the United 

States more than 50 percent of the 

mushrooms annually produced and 

imported by all those voting in the 

referendum. 

After consideration of all relevant 

matters presented including the 

comments received, and referendum 

results, it is hereby found that this rule 

is consistent with the provisions of the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990 as 

amended and therefore should be 

adopted as a final rule. 

Additional Findings 

Pursuant to 5 U.S.C. 553, it is also 

found that good cause exists for not 

postponing the effective date of this 

action until one day after publication in 

the Federal Register because the 

Council’s term of office would begin 

January 1, 2010, and end December 31, 

2012; and this rule will allow the 

upcoming nominations and 

appointments to be conducted in a 

timely manner for the new members to 

be appointed to the Council so they can 

begin during the next term of office. 

List of Subjects in 7 CFR Part 1209 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mushroom promotion, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 1209 of the Code 

of Federal Regulations is amended as 

follows: 

PART 1209—MUSHROOM 

PROMOTION, RESEARCH, AND 

CONSUMER INFORMATION ORDER 

■ 1. The authority citation for 7 CFR 

part 1209 continues to read as follows: 

Authority: 7 U.S.C. 6101–6112; 7 U.S.C. 

7401. 

■ 2. In § 1209.30, paragraphs (a), (b), (c), 

(d), and (e) are revised to read as 

follows: 

§ 1209.30 Establishment and membership. 

(a) There is hereby established a 

Mushroom Council of not less than four 

or more than nine members. The 

Council shall be composed of producers 

appointed by the Secretary under 

§ 1209.33, except that, as provided in 

paragraph (c) of this section, importers 

shall be appointed by the Secretary to 

the Council under § 1209.33 once 

imports, on average, reach at least 

50,000,000 pounds of mushrooms 

annually. 

(b) For purposes of nominating and 

appointing producers to the Council, the 

United States shall be divided into three 

geographic regions and the number of 

Council members from each region shall 

be as follows: 

(1) Region 1: All other States 

including the District of Columbia and 

the Commonwealth of Puerto Rico 

except for Pennsylvania and 

California—2 Members. 

(2) Region 2: The State of 

Pennsylvania—4 Members. 

(3) Region 3: The State of California— 

2 Members. 

(c) Importers shall be represented by 

a single, separate region, referred to as 

Region 4, consisting of the United States 

when imports, on average, equal or 

exceed 50,000,000 pounds of 

mushrooms annually. 

(d) At least every five years, and not 

more than every three years, the Council 

shall review changes in the geographic 

distribution of mushroom production 

volume throughout the United States 

and import volume, using the average 

annual mushroom production and 

imports over the preceding four years, 

and, based on such review, shall 

recommend to the Secretary 

reapportionment of the regions 

established in paragraph (b) of this 

section, or modification of the number 

of members from such regions, as 

determined under the rules established 

in paragraph (e), of this section or both, 

as necessary to best reflect the 

geographic distribution of mushroom 

production volume in the United States 

and representation of imports, if 

applicable. 

(e) Subject to the nine-member 

maximum limitation, the following 

procedure will be used to determine the 

number of members for each region to 

serve on the Council under paragraph 

(d) of this section: 

(1) Each region that produces, on 

average, at least 50,000,000 pounds of 

mushrooms annually shall be entitled to 

one representative on the Council. 

(2) As provided in paragraph (c) of 

this section, importers shall be 

represented by a single, separate region, 

which shall be entitled to one 

representative, if such region imports, 

on average, at least 50,000,000 pounds 

of mushrooms annually. 

(3) If the annual production of a 

region is greater than 110,000,000 

pounds, but less than or equal to 

180,000,000 pounds, the region shall be 

represented by 1 additional member. 

(4) If the annual production of a 

region is greater than 180,000,000 

pounds, but less than or equal to 

260,000,000 pounds, the region shall be 

represented by 2 additional members. 

(5) If the annual production of a 

region is greater than 260,000,000 

pounds, the region shall be represented 

by 3 additional members. 

(6) Should, in the aggregate, regions 

be entitled to levels of representation 

under paragraphs (e)(1), (2), (3), (4) and 

(5) of this section that would exceed the 

nine-member limit on the Council under 

the Act, the seat or seats assigned shall 

be assigned to that region or those 

regions with greater on-average 

production or import volume than the 

other regions otherwise eligible at that 

increment level. 

* * * * * 


pwalker on DSK8KYBLC1PROD with RULES
50920 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 

■ 3. In § 1209.38, paragraphs (l) and (m) 

are redesignated as paragraphs (m) and 

(n) respectively and new paragraph (l) is 

added to read as follows: 

§ 1209.38 Powers. 

* * * * * 

(l) To develop and propose to the 

Secretary programs for good agricultural 

and good handling practices and related 

activities for mushrooms. 

* * * * * 

§ 1209.230 [Removed and Reserved] 

■ 4. Section 1209.230 is removed and 

reserved. 

Dated: September 28, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–23777 Filed 10–1–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30689; Amdt. No. 483] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective Date: 0901 UTC, 

October 22, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Harry Hodges, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 

circumstances require making this 

amendment effective before the next 

scheduled charting and publication date 

of the flight information to assure its 

timely availability to the user. The 

effective date of this amendment reflects 

those considerations. In view of the 

close and immediate relationship 

between these regulatory changes and 

safety in air commerce, I find that notice 

and public procedure before adopting 

this amendment are impracticable and 

contrary to the public interest and that 

good cause exists for making the 

amendment effective in less than 30 

days. 

Conclusion 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 95 

Airspace, Navigation (air). 

Issued in Washington, DC, on September 

25, 2009. 

John M. Allen, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

part 95 of the Federal Aviation 

Regulations (14 CFR part 95) is 

amended as follows effective at 0901 

UTC, October 22, 2009. 

■ 1. The authority citation for part 95 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44719, 

44721. 

■ 2. Part 95 is amended to read as 

follows: 

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS

[Amendment 483 effective date, October 22, 2009] 

From To MEA MAA 

§ 95.4000 High Altitude RNAV Routes 

§ 95.4265 RNAV Route T265 Is Added To Read 

Kelsi, IL FIX ...................................................................... Bullz, IL FIX ...................................................................... * 4000 

* 2300—MOCA 

Bullz, IL FIX ...................................................................... Veena, WI FIX .................................................................. * 4000 

* 2600—MOCA 


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