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.

Proposed Rules Federal Register

26469 

Vol. 80, No. 89 

Friday, May 8, 2015 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1218 

[Document Number AMS–FV–14–0089] 

Blueberry Promotion, Research and 

Information Order; Expanding the 

Membership of the U.S. Highbush 

Blueberry Council and Other Changes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposal invites 

comments on expanding the 

membership of the U.S. Highbush 

Blueberry Council (Council) under the 

Blueberry Promotion, Research and 

Information Order (Order). The Council 

administers the Order with oversight by 

the U.S. Department of Agriculture 

(USDA). This proposal would increase 

the number of Council members from 16 

to 20, adding two producers, one 

importer, and one exporter. This would 

help ensure that the Council reflects the 

geographical distribution of domestic 

blueberry production and imports into 

the United States. This proposal would 

also add eligibility requirements for the 

public member, clarify the Council’s 

nomination procedures and its ability to 

serve the diversity of the industry, and 

increase the number of members needed 

for a quorum. This proposal also invites 

comments on prescribing late payment 

and interest charges for past due 

assessments. These changes would help 

facilitate program administration. All of 

these actions were unanimously 

recommended by the Council. 

DATES: Comments must be received by 

July 7, 2015. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

may be submitted on the Internet at: 

http://www.regulations.gov or to the 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, 1400 Independence Avenue 

SW., Room 1406–S, Stop 0244, 

Washington, DC 20250–0244; facsimile: 

(202) 205–2800. All comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be made 

available for public inspection, 

including name and address, if 

provided, in the above office during 

regular business hours or it can be 

viewed at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Maureen T. Pello, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, P.O. Box 831, Beavercreek, 

Oregon, 97004; telephone: (503) 632– 

8848; facsimile (202) 205–2800; or 

electronic mail: Maureen.Pello@

ams.usda.gov. 

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 Order 12866 and Executive 

Order 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 has been 

designated as a ‘‘non-significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation would not have 

substantial and direct effects on Tribal 

governments and would not have 

significant Tribal implications. 

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 

expanding the membership of the 

Council 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 proposal would increase the 

number of Council members from 16 to 

20, adding two producers, one importer, 

and one exporter. This would help 

ensure that the Council reflects the 

geographical distribution of domestic 

blueberry production and imports into 

the United States. This proposal would 

also add eligibility requirements for the 

public member, clarify the Council’s 

nomination procedures and its ability to 

serve the diversity of the industry, and 

increase the number of members needed 

for a quorum. This proposal also invites 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
26470 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 

1Noncitrus Fruits and Nuts 2013 Summary, July 

2014, USDA, National Agricultural Statistics 

Service, p. 34. 

2Council assessment records 2011–2013. 

comments on prescribing late payment 

and interest charges on past due 

assessments. These changes would help 

facilitate program administration. All of 

these actions were unanimously 

recommended by the Council at its 

meeting on October 3, 2014. 

Expanding the Council’s Membership 

Section 1218.40(a) of the Order 

currently specifies that the Council be 

composed of no more than 16 members 

and alternates appointed by the 

Secretary of Agriculture (Secretary). Ten 

of the 16 members and alternates are 

producers. One producer member and 

alternate are from each of the following 

regions within the United States: 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 six blueberry producing 

states, based upon the average of the 

total tons produced over the previous 

three years. Currently, these states 

include Michigan, Oregon, Washington, 

Georgia, New Jersey, and California. 

Average tonnage is based upon 

production and assessment figures 

generated by the Council. 

Of the remaining six Council 

members and alternates, three members 

and alternates are importers. One 

member and alternate must be an 

exporter, defined in section 1218.40 as 

a blueberry producer currently shipping 

blueberries into the United States from 

the largest foreign blueberry production 

area, based on a three-year average 

(currently Chile). One member and 

alternate must be a first handler, defined 

in section 1218.40 as a United States 

based independent or cooperative 

organization which is a producer/

shipper of domestic blueberries. Finally, 

one member and alternate must 

represent the public. 

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. If the level of imports 

increases, importer members and 

alternates may be added to the Council. 

Council Recommendation 

Adding Two State Producer Positions 

The Council met on October 3, 2014, 

and reviewed domestic production and 

assessment data for the pasts three years 

(2011–2013). This data for the top 

blueberry producing states is 

summarized in Table 1 below. 

TABLE 1—PRODUCTION 1 AND ASSESSMENT 2 FIGURES FROM 2011–2013 

State 

2011 2012 2013 3-year average 

Tons Assessments 

paid Tons Assessments paid Tons Assessments paid Tons Assessments paid 

Michigan ........................... 36,000 $434,775 43,500 $528,782 57,500 $668,678 45,500 $544,075 

Oregon ............................. 32,750 363,726 36,000 433,326 44,750 517,579 37,833 438,210 

Washington ...................... 30,500 319,635 35,000 334,242 40,800 361,595 35,433 338,491 

Georgia ............................ 32,500 343,694 38,500 347,666 34,000 359,681 35,000 350,347 

New Jersey ...................... 31,000 321,123 27,000 285,502 25,080 288,578 27,693 298,401 

California .......................... 21,050 286,696 20,450 301,212 25,700 366,494 22,400 318,134 

North Carolina .................. 18,500 189,061 20,250 198,090 21,200 190,904 19,983 192,685 

Florida .............................. 11,700 131,538 9,050 88,246 10,750 124,576 10,500 114,787 

Mississippi ........................ 5,250 27,096 4,500 28,610 3,650 17,566 4,467 24,424 

Indiana ............................. 800 3,007 750 3,160 1,600 7,751 1,050 4,639 

As shown in Table 1, Michigan, 

Oregon, Washington, Georgia, New 

Jersey, California, North Carolina, and 

Florida, respectively, were the top eight 

highbush blueberry producing states 

based on the 3-year average of both 

production and assessments paid from 

2011–2013. Mississippi and Indiana, 

respectively, were the ninth and tenth 

highest blueberry producing states from 

2011–2013. Blueberry production in 

Florida, the smallest producer of the top 

eight producing states, was more than 

double that of Mississippi. 

Since the Council’s inception in 2001 

and continuing until 2006, there were 

five state positions on the Council; 

producers from Michigan, Oregon, 

Georgia, New Jersey, and North Carolina 

held those five positions. In 2006, a 

sixth state position was added to the 

Council, with the State of Washington 

earning a seat (71 FR 44553; August 7, 

2006). Production shifted in the coming 

years, and by 2014, California became 

the sixth top blueberry producing state 

and earned a position on the Council, 

with its 3-year average production 

surpassing that of North Carolina. 

After reviewing state production data, 

the Council recommended revising its 

membership so that one producer 

member and alternate from each of the 

top eight producing blueberry states 

have seats on the Council, based upon 

the average of the total tons produced 

over the previous 3 years. Thus, the 

number of state positions on the Council 

would be increased from six to eight. 

Based upon recent production figures, 

this would allow North Carolina and 

Florida to each have a state member and 

alternate seat on the Council. Section 

1218.40(a)(2) would be revised 

accordingly. 

Adding One Importer and One Exporter 

Position 

The Council also reviewed import 

data and compared it to domestic data. 

Table 2 below shows the domestic (U.S.) 

production figures and quantity of 

imports from 2011–2013 as well as 

assessments paid for domestic and 

imported blueberries for those years. 

The table also shows the 3-year average 

of domestic production, imports and 

assessments paid for 2011–2013. 


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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 26471 

3Noncitrus Fruits and Nuts, p. 9. 4U.S. Customs and Border Protection data 2011– 

2013. 

5Council financial audit records 2011–2013. 

6Customs data 2011–2013. 

TABLE 2—U.S.3 AND IMPORT 4 QUANTITIES AND ASSESSMENT 5 DATA FROM 2011–2013 

Year 

Domestic 

(U.S.) 

assessments 

Import 

assessments 

U.S. Crop 

(tons) 

Imports 

(tons) 

2011 ................................................................................................................. $2,151,682 $1,525,936 221,600 124,549 

2012 ................................................................................................................. 2,434,646 1,601,966 236,700 132,133 

2013 ................................................................................................................. 2,577,953 1,795,164 265,600 151,005 

3-Year Average ................................................................................................ 2,387,177 1,641,022 241,303 135,896 

Percent of Total ............................................................................................... 59% 41% 64% 36% 

As shown in Table 2, the quantity of 

imported blueberries as well as 

assessments paid by importers has 

increased from 2011–2013. Based upon 

a 3-year average of total assessments 

paid under the program, domestic 

blueberries account for 59 percent of 

assessments paid and imports account 

for 41 percent of assessments paid. 

Additionally, based on a 3-year average 

of the total tonnage covered under the 

program, domestic production accounts 

for 64 percent of the tonnage and 

imports account for 36 percent of the 

tonnage. 

The Council also reviewed import 

data by country. Table 3 below shows 

the quantity of imports by country from 

2011–2013 as well as the 3-year average. 

TABLE 3—QUANTITY OF BLUEBERRIES FROM FOREIGN PRODUCTION AREAS 2011–2013 6

Foreign blueberry production areas shipping into the United States 

Quantity 

(tons) 

2011 2012 2013 3-Year 

average 

Chile ................................................................................................................. 76,889 69,754 84,673 77,105 

Canada ............................................................................................................ 30,374 70,767 48,149 49,763 

Argentina .......................................................................................................... 9,001 14,830 13,813 12,548 

As shown in Table 3, Chile and 

Canada, respectively, were the top two 

foreign production areas shipping 

blueberries into the United States from 

2011–2013. Argentina has been the third 

top foreign production area shipping 

blueberries into the United States, 

although the quantity of Argentinian 

imports is much lower than the quantity 

of blueberries from Chile and Canada. 

Regarding membership on the 

Council, representatives from Canada 

were the exporter member and alternate 

from the time of the Council’s inception 

and continuing through 2009. Since 

2010, representatives from Chile have 

been the exporter member and alternate 

on the Council. 

Upon reviewing import data, the 

Council recommended adding one 

importer member and one alternate to 

its membership. This would increase 

the number of importer positions from 

three to four. The Council also 

recommended adding one exporter 

member and one alternate to its 

membership to represent foreign 

producers currently shipping 

blueberries into the United States from 

the second largest foreign blueberry 

production area, based on a 3-year 

average. This would increase the 

number of exporter positions from one 

to two, allowing exporters from both 

Chile and Canada to be represented on 

the Council. Section 1218.40(a) of the 

Order is proposed to be amended 

accordingly. 

Thus, the number of Council members 

would increase from 16 to 20. Of the 20 

members, 12 would be domestic 

producers, 4 would be importers, 2 

would be exporters, and 1 each would 

be a handler and public member. Of the 

18 Council members representing 

domestic producers, importers and 

exporters, 66.7 percent would represent 

the domestic industry and 33.3 percent 

of the Council would represent imports 

or foreign production. This would 

realign the Council’s membership to 

better reflect the geographic distribution 

of domestic and imported blueberries. 

Other Changes 

Public Member Eligibility 

The Council reviewed other Order 

provisions regarding its membership 

and operations. The Council 

recommended revising paragraph (a)(6) 

of section 1218.40 to clarify eligibility 

requirements for the public member and 

alternate member positions. 

Specifically, the Council recommended 

that the public member and alternate 

not be a blueberry producer, handler, 

importer, exporter or have a financial 

interest in the production, sales, 

marketing or distribution of blueberries. 

Diversity 

The Council also recommended 

adding language to the Order to clarify 

its ability to serve the diversity of the 

industry. The Council recommended 

adding a new paragraph (c) to section 

1218.40 to specify that, when the 

industry makes recommendations for 

nominees to serve on the Council, it 

should take into account the diversity of 

the population served and the 

knowledge, skills, and abilities of the 

members to serve a diverse population, 

size of the operations, methods of 

production and distribution, and other 

distinguishing factors to ensure that the 

recommendations of the Council take 

into account the diverse interest of 

persons responsible for paying 

assessments, and others in the 

marketing chain, if appropriate. 

Nominations and Appointments 

The Council recommended minor 

revisions to section 1218.41 of the Order 

regarding nominations and 

appointments. The procedures to 

nominate state and regional producers, 

as well as importers, exporters, first 

handlers, and public members would 


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not change. The section would merely 

be revised to add clarity regarding the 

process for nominating members in 

states with and without a state blueberry 

commission or marketing order. 

The Council also recommended 

adding language to section 1218.41 to 

expand the number of nominees 

submitted to the Secretary for 

consideration. Paragraph (a) of section 

1218.41 currently provides that, when a 

state has a blueberry commission or 

marketing order in place, the state 

commission or committee will nominate 

members to serve on the Council. At 

least two nominees must be 

recommended to the Secretary for each 

member and each alternate position. 

The Council recommended that other 

qualified persons who are interested in 

serving in the respective state positions 

but are not nominated by their State 

marketing order or commission be 

designated by the State organization 

and/or Council as additional nominees 

for consideration by the Secretary. 

Section 1218.41(a) would be revised 

accordingly. 

Likewise, paragraph (d) of section 

1218.41 currently provides that 

nominations for the importer, exporter, 

first handler, and public member 

positions be made by the Council. Two 

nominees for each member and each 

alternate position are submitted to the 

Secretary for consideration. The Council 

recommended that other qualified 

persons who are interested in serving in 

these positions but are not 

recommended by the Council be 

designated by the Council as additional 

nominees for consideration by the 

Secretary. The current paragraph (d) in 

section 1218.41 would be modified 

accordingly and would become 

paragraph (c). 

The Council also recommended 

adding a new paragraph (d) to section 

1218.41 to specify that producer, 

handler and importer nominees must be 

in compliance with the Order’s 

provisions regarding the payment of 

assessments and filing of reports. This 

would help ensure that only persons in 

compliance with the Order’s obligations 

serve on the Council. Further, this 

section would clarify that producer and 

importer nominees must produce or 

import, respectively, 2,000 pounds or 

more of highbush blueberries annually. 

This would bring the Order in line with 

how the program has been administered 

since its inception. Section 1218.41 is 

proposed to be revised accordingly. 

Council Procedures 

The Council recommended revisions 

to section 1218.45 regarding procedures. 

First, the Council recommended 

increasing the number of members 

needed for a quorum. Paragraph (a) of 

section 1218.45 currently specifies that 

nine members are needed for a quorum, 

which is a majority of the current 16- 

member Council. Increasing the number 

of Council members to 20 warrants 

increasing the number members needed 

for a quorum to 11, which would be a 

majority of the proposed 20-member 

Council. 

The Council also recommended 

adding flexibility to its procedures so 

that members participating in Council 

meetings may cast votes on issues either 

in person or by electronic or other 

means as deemed appropriate. 

Specifically, a new paragraph (f) would 

be added to section 1218.45 to specify 

that all votes at meetings of the Council 

and committees may be cast in person 

or by electronic voting or other means 

as the Council and Secretary deem 

appropriate to allow members 

participating by telephone or other 

electronic means to cast votes. 

Past Due Assessments 

The Order specifies that the funds to 

cover the Council’s expenses shall be 

paid from assessments on producers and 

importers, donations from persons not 

subject to assessments and from other 

funds available to the Council. First 

handlers are responsible for collecting 

and submitting reports and producer 

assessments to the Council. Handlers 

must also maintain records necessary to 

verify their reports. Importers are 

responsible for paying assessments to 

the Council on highbush blueberries 

imported into the United States through 

the U.S. Customs and Border Protection 

(Customs). The Order also provides for 

two exemptions. Producers and 

importers who produce or import less 

than 2,000 pounds of blueberries 

annually, and producers and importers 

of 100 percent organic blueberries are 

exempt from the payment of 

assessments. 

Section 1218.52(e) of the Order 

specifies that all assessment payments 

and reports must be submitted to the 

office of the Council. Assessments on 

imported blueberries are collected by 

Customs prior to entry into the United 

States. Assessments on domestic 

blueberries for a crop year must be 

received by the Council no later than 

November 30 of that year. A late 

payment charge shall be imposed on 

any handler who fails to remit to the 

Council, the total amount for which any 

such handler is liable on or before the 

due date established by the Council. In 

addition to the late payment charge, an 

interest charge shall be imposed on the 

outstanding amount for which the 

handler is liable. The rate of interest 

must be prescribed in regulations issued 

by the Secretary. 

Assessment funds are used for 

research and promotion activities that 

are intended to benefit all industry 

members. Thus, it is important that all 

assessed entities pay their assessments 

in a timely manner. Entities who fail to 

pay their assessments on time may reap 

the benefits of Council programs at the 

expense of others. In addition, they may 

utilize funds for their own use that 

should otherwise be paid to the Council 

to finance Council programs. 

The Council recommended 

prescribing rates of late payment and 

interest charges for past due 

assessments in the Order’s regulations. 

A late payment charge would be 

imposed upon handlers who fail to pay 

their assessments to the Council within 

30 calendar days of the date when 

assessments are due. This one-time late 

payment charge would be 5 percent of 

the assessments due before interest 

charges have accrued. 

Additionally, interest at a rate of 1 

percent per month on the outstanding 

balance, including any late payment and 

accrued interest, would be added to any 

accounts for which payment has not 

been received within 30 calendar days 

of the date when assessments are due. 

Interest would continue to accrue 

monthly until the outstanding balance is 

paid to the Council. 

This action is expected to help 

facilitate program administration by 

providing an incentive for entities to 

remit their assessments in a timely 

manner, with the intent of creating a fair 

and equitable process among all 

assessed entities. Accordingly, a new 

Subpart C would be added to the Order 

for provisions implementing the 

blueberry Order, and a new section 

1218.520 would be added to Subpart C. 

Late payment charges and interest on 

past due assessments are not applicable 

for assessments on imported blueberries 

because the assessments are collected by 

Customs at the time of entry. 

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 


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7Noncitrus Fruits and Nuts 2014 Summary, July 

2014, USDA, National Agricultural Statistics 

Service (NASS), p. 10. 

CFR part 121, small agricultural 

producers as those having annual 

receipts of no more than $750,000 and 

small agricultural service firms (first 

handlers and importers) as those having 

annual receipts of no more than $7 

million. 

There are approximately 2,000 

domestic producers, 80 first handlers 

and 200 importers of highbush 

blueberries covered under the program. 

Dividing the highbush blueberry crop 

value for 2013, $715,958,000,7 by the 

number of producers (2,000) yields an 

average annual producer revenue 

estimate of $357,979. It is estimated that 

in 2013, about 60 percent of the first 

handlers shipped under $7 million 

worth of highbush blueberries. Based on 

2013 Customs data, it is estimated that 

almost 90 percent of the importers 

shipped under $7 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. 

Regarding value of the commodity, as 

mentioned above, based on 2013 NASS 

data, the value of the domestic highbush 

blueberry crop was about $716 million. 

According to Customs data, the value of 

2013 imports was about $563 million. 

This proposal invites comments on 

amending sections 1218.40, 1218.41 and 

1218.45 of the Order regarding Council 

membership, nominations, and 

procedures, 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. 

This proposal would increase the 

number of Council members from 16 to 

20, adding two producers, one importer, 

and one exporter. This would help 

ensure that the Council reflects the 

geographical distribution of domestic 

blueberry production and imports into 

the United States. Authority for this 

action is provided in section 1218.40(b) 

of the Order and section 515(b) of the 

1996 Act. 

This proposal would also prescribe 

charges for past due assessments under 

the Order. A new section 1218.520 

would be added to the Order specifying 

a one-time late payment charge of 5 

percent of the assessments due and 

interest at a rate of 1 percent per month 

on the outstanding balance, including 

any late payment and accrued interest. 

This section would be included in a 

new Subpart C—Provisions for 

Implementing the Blueberry Promotion, 

Research and Information Order. 

Authority for this action is provided in 

section 1218.52(e) of the Order and 

section 517(e) of the 1996 Act. 

Regarding the economic impact of the 

proposed rule on affected entities, 

expanding the Council membership and 

other proposed changes to the Order’s 

membership provisions impose no 

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 in the section titled Reporting 

and Recordkeeping Requirements. 

Prescribing charges for past due 

assessments imposes no additional costs 

on handlers who pay their assessments 

on time. It merely provides an incentive 

for entities to remit their assessments in 

compliance with the Order. For all 

entities who are delinquent in paying 

assessments, both large and small, the 

charges would be applied the same. As 

for the impact on the industry as a 

whole, this action would help facilitate 

program administration by providing an 

incentive for entities to remit their 

assessments in a timely manner, with 

the intent of creating a fair and equitable 

process among all assessed entities. 

Additionally, as previously 

mentioned, the Order also provides for 

two exemptions. Producers and 

importers who produce or import less 

than 2,000 pounds of blueberries 

annually, and producers and importers 

of 100 percent organic blueberries are 

exempt from the payment of 

assessments. Of the 2,000 producers, it 

is estimated that 1,860 producers and 

180 importers produce or import over 

the 2,000-pound threshold and pay 

assessments under the program. 

Regarding alternatives, the Council 

has been reviewing its membership and 

contemplating adding new members to 

reflect changes in the geographic 

distribution of blueberries for the past 

few years. As previously mentioned, in 

2014, California became the sixth top 

blueberry producing state, which earned 

that state a member and alternate seat 

on the Council, while North Carolina 

lost its member and alternate seat. The 

Council formed a subcommittee that 

considered various options. One option 

was to eliminate the four regional 

producer positions and allocate nine 

seats to producers representing the nine 

top producing blueberry states and one 

seat to a producer representing all other 

producing states (producer at-large). 

Another option considered was to 

increase the number of state producer 

positions from six to seven so that North 

Carolina would have a seat. The Council 

also considered maintaining the status 

quo. Ultimately the Council 

recommended revising the Order so that 

the top eight producing blueberry states 

would be represented on the Council. 

The Council also considered adding 

two importers rather than one importer 

and one exporter to its membership. 

However, upon reviewing the import 

statistics, the Council concluded that it 

was important to have foreign producer 

representation from the top two 

countries shipping blueberries into the 

United States represented on the 

Council. Thus, the Council 

recommended adding one importer and 

one exporter member and alternates to 

the Council. 

Regarding requirements for late 

assessments, the Council considered not 

prescribing rates for late charges and 

interest. However, the Council 

concluded that the rates should be 

codified along with the applicable date 

when charges would be applied so that 

the Order is clear on what is required. 

Additionally, the 1996 Act requires that 

the rates be prescribed by the Secretary. 

Reporting and Recordkeeping 

Requirements 

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. Eligible 

producers, importers, exporters, 

handlers, and public members 

interested in serving on the Council 

must complete a background 

questionnaire (Form AD–755) to verify 

their eligibility. This proposed rule 

would not result in a change to the 

information collection and 

recordkeeping requirements previously 

approved and would impose no 

additional reporting and recordkeeping 

burden on blueberry producers, 

importers, exporters, handlers or public 

members. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this proposed rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 


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26474 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 

information technologies to provide 

increased opportunities or citizen access 

to Government information and 

services, and for other purposes. 

Regarding outreach efforts, this action 

was discussed by the Council at 

meetings in October 2012 and in 2013 

and at executive and subcommittee 

meetings held in 2014. The Council met 

in October 2014 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. 

We have performed this initial RFA 

analysis regarding the impact of the 

proposed rule on small entities and we 

invite comments concerning the 

potential effects of this action. 

While this proposed rule set forth 

below has not received the approval of 

USDA, it has been determined that it is 

consistent with and would effectuate 

the purposes 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 

■ 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. 

■ 2. In § 1218.40, revise the introductory 

text in paragraph (a), revise paragraphs 

(a)(2), (a)(3), (a)(4), and (a)(6) and add a 

new paragraph (c) to read as follows: 

§ 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, composed of no more than 

20 members and alternates, appointed 

by the Secretary from nominations as 

follows: 

* * * * * 

(2) 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. 

(3) Four importers and alternates. 

(4) 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. 

* * * * * 

(6) 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. 

* * * * * 

(c) Council’s ability to serve the 

diversity of the industry. When making 

recommendations for appointments, the 

industry should take into account the 

diversity of the population served and 

the knowledge, skills, and abilities of 

the members to serve a diverse 

population, size of the operations, 

methods of production and distribution, 

and other distinguishing factors to 

ensure that the recommendations of the 

Council take into account the diverse 

interest of persons responsible for 

paying assessments, and others in the 

marketing chain, if appropriate. 

■ 3. Section 1218.41 is revised to read 

as follows: 

§ 1218.41 Nominations and appointments. 

(a) State representatives. (1) When a 

state has a state blueberry commission 

or marketing order in place, the state 

commission or committee will nominate 

members to serve on the Council. At 

least two nominees shall be 

recommended to the Secretary for each 

member and each alternate position. 

Other eligible persons interested in 

serving in the respective state positions 

but not nominated by their State 

marketing order or commission will be 

designated by the State organization 

and/or Council as additional nominees 

for consideration by the Secretary. 

(2) Nomination and election of state 

representatives where no commission or 

order is in place will be handled by the 

Council staff. The Council staff will seek 

nominations for members and alternates 

from the specific states. Nominations 

will be returned to the Council office 

and placed on a ballot which will then 

be sent to producers in the state for a 

vote. The final nominee for member will 

have received the highest number of 

votes cast. The person with the second 

highest number of votes cast will be the 

final nominee for alternate. The persons 

with the third and fourth highest 

number of votes cast will be designated 

as additional nominees for 

consideration by the Secretary. 

(b) Regional representatives. 

Nomination and election of regional 

representatives will be handled by the 

Council staff. The Council staff will seek 

nominations for members and alternates 

from the specific regions. Nominations 

will be returned to the Council office 

and placed on a ballot which will then 

be sent to producers in the region for a 

vote. The final nominee for member will 

have received the highest number of 

votes cast. The person with the second 

highest number of votes cast will be the 

final nominee for alternate. The persons 

with the third and fourth highest 

number of votes cast will be designated 

by the Council as additional nominees 

for consideration by the Secretary. 

(c) Nominations for the importer, 

exporter, first handler, 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, handler 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. 

(e) From the nominations, the 

Secretary shall select the members and 

alternate members of the Council. 

■ 4. In § 1218.45, revise paragraph (a), 

redesignate paragraphs (f), (g), (h), and 

(i) as paragraphs (g), (h), (i) and (j), and 

add a new paragraph (f) to read as 

follows: 

§ 1218.45 Procedure. 

(a) At a Council meeting, it will be 

considered a quorum when a minimum 

of 11 members, or their alternates 

serving in their absence, are present. 

* * * * * 

(f) All votes at meetings of the Council 

and committees may be cast in person 

or by electronic voting or other means 

as the Council and Secretary deem 

appropriate to allow members 

participating by telephone or other 

electronic means to cast votes. 

* * * * * 

■ 5. Add Subpart C consisting of 

§ 1218.520, to read as follows: 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 26475 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

2All references to EPCA refer to the statute as 

amended through the American Energy 

Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

Subpart C—Provisions for 

Implementing the Blueberry 

Promotion, Research and Information 

Order 

§ 1218.520 Late payment and interest 

charges for past due assessments. 

(1) A late payment charge will be 

imposed on any handler who fails to 

make timely remittance to the Council 

of the total assessments for which they 

are liable. The late payment will be 

imposed on any assessments not 

received within 30 calendar days of the 

date when assessments are due. This 

one-time late payment charge will be 5 

percent of the assessments due before 

interest charges have accrued. 

(2) In addition to the late payment 

charge, 1 percent per month interest on 

the outstanding balance, including any 

late payment and accrued interest, will 

be added to any accounts for which 

payment has not been received within 

30 calendar days of the date when 

assessments are due. Interest will 

continue to accrue monthly until the 

outstanding balance is paid to the 

Council. 

Dated: April 30, 2015. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2015–10449 Filed 5–7–15; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2015–BT–STD– 

0008] 

RIN 1904–AD52 

Energy Conservation Program for 

Certain Industrial Equipment: Energy 

Conservation Standards for DedicatedPurpose Pool Pumps; Request for 

Information 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information (RFI). 

SUMMARY: The U.S. Department of 

Energy (DOE) is requesting information 

to inform a potential rulemaking to 

consider new energy conservation 

standards for dedicated-purpose pool 

pumps. Pumps, which are already 

covered equipment under the Energy 

Policy and Conservation Act of 1975, as 

amended (EPCA), come in a variety of 

forms—including dedicated-purpose 

pool pumps. This RFI seeks to solicit 

information to help DOE determine the 

feasibility of developing energy 

conservation standards and an 

appropriate test procedure for this 

equipment. This RFI outlines the 

potential scope that could be involved 

in regulating dedicated-purpose pool 

pumps, possible industry-based testing 

methods that could be used to evaluate 

the efficiency of this equipment, and the 

types of information that would be 

needed in analyzing the potential for 

setting standards for this equipment. 

This RFI also solicits the public for 

information to help inform DOE’s efforts 

in evaluating the prospect of regulating 

this equipment. 

DATES: Written comments and 

information are requested on or before 

June 22, 2015. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by Docket 

number EERE–2015–BT–STD–0008, by 

any of the following methods: 

(1) Email: to 

PoolPumps2015STD0008@ee.doe.gov. 

Include EERE–2015–BT–STD–0008 in 

the subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format, and avoid the use of special 

characters or any form of encryption. 

(2) Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Revisions to Energy Efficiency 

Enforcement Regulations, EERE–2015– 

BT–STD–0008, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. If 

possible, please submit all items on a 

CD, in which case it is not necessary to 

include printed copies. 

(3) Hand Delivery/Courier: Ms. 

Brenda Edwards, U.S. Department of 

Energy, Building Technologies Program, 

6th Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Phone: (202) 

586–2945. If possible, please submit all 

items on a CD, in which case it is not 

necessary to include printed copies. 

(4) Instructions: All submissions 

received must include the agency name 

and docket number or RIN for this 

rulemaking. 

Docket: For access to the docket to 

read background documents, or 

comments received, go to the Federal 

eRulemaking Portal at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to Mr. John Cymbalsky, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–7935. Email: 

pumps@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–8145. Email: 

michael.kido@hq.doe.gov. 

For information on how to submit or 

review public comments, contact Ms. 

Brenda Edwards, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

A. Statutory Authority 

B. Background 

C. Regulatory Process 

II. Discussion 

A. Review of Existing Regulatory and 

Voluntary Programs 

1. California Energy Commission 

2. ENERGY STAR 

3. Consortium for Energy Efficiency 

4. Australia and New Zealand 

5. European Union 

B. Scope 

1. Definitions 

2. Phase, Horsepower, and Application 

3. Product Type 

4. Sales Configuration 

C. Test Procedure and Rating Metrics 

D. Data Needs for Rulemaking Analyses 

1. Market and Technology Assessment 

2. Energy Use Analysis 

3. Manufacturer Impact Analysis 

III. Public Participation 

I. Introduction 

A. Statutory Authority 

Title III, Part C1 of the Energy Policy 

and Conservation Act of 1975 (‘‘EPCA’’ 

or, in context, ‘‘the Act’’), Public Law 

94–163, (42 U.S.C. 6311–6317, as 

codified) established the Energy 

Conservation Program for Certain 

Industrial Equipment, a program 

covering certain industrial equipment.2

‘‘Pumps’’ are listed as a type of covered 

industrial equipment. (42 U.S.C. 

6311(1)(A)) Under EPCA, the energy 

conservation program consists 

essentially of four parts: (1) Testing, (2) 

labeling, (3) Federal energy conservation 


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