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

6089 

Vol. 75, No. 25 

Monday, February 8, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1208 

[Docket No. AMS–FV–07–0077; FV–07–705– 

FR] 

RIN 0581–AC79 

Processed Raspberry Promotion, 

Research, and Information Order; 

Referendum Procedures 

AGENCY: Agricultural Marketing Service, 

Agriculture, USDA. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

procedures which the Department of 

Agriculture (USDA or the Department) 

will use in conducting a referendum to 

determine whether the issuance of the 

proposed Processed Raspberry 

Promotion, Research, and Information 

Order (Proposed Order) is favored by 

producers of raspberries for processing 

and importers of processed raspberries. 

The Proposed Order will be 

implemented if it is approved by a 

simple majority of the eligible producers 

and importers voting in the referendum. 

These procedures will also be used for 

any subsequent referendum under the 

Proposed Order, if it is approved in the 

initial referendum. The Proposed Order 

is being published separately in this 

issue of the Federal Register. This 

proposed program is implemented 

under the Commodity Promotion, 

Research, and Information Act of 1996 

(1996 Act). 

DATES: Effective Date: February 9, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Coy, Marketing Specialist, 

Research and Promotion Branch, FV, 

AMS, USDA, Stop 0244, Room 0634–S, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244; telephone 

202–720–9915 or (888) 720–9917 (toll 

free) or e-mail kimberly.coy@usda.gov. 

SUPPLEMENTARY INFORMATION: A 

referendum will be conducted among 

eligible producers of raspberries for 

processing and importers of processed 

raspberries to determine whether they 

favor issuance of the proposed 

Processed Raspberry Promotion, 

Research, and Information Order 

(Proposed Order) [7 CFR part 1208]. The 

program will be implemented if it is 

approved by a simple majority of the 

producers and importers voting in the 

referendum. The Proposed Order is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act) [7 U.S.C. 7411– 

7425]. It would cover domestic 

producers of raspberries for processing 

and importers of processed raspberries 

of 20,000 pounds or more. A proposed 

rule and referendum order is published 

separately in this issue of the Federal 

Register. 

Prior documents: Proposed rules on 

both the Proposed Order [74 FR 16266] 

and the Referendum Procedures [74 FR 

16289] were published in the Federal 

Register on April 9, 2009 with a 60-day 

comment period. 

Executive Order 12866 

This rule has been determined to be 

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. It is not intended to have 

retroactive effect. 

Section 524 of the 1996 Act provides 

that the Act 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, a 

person subject to an order may file a 

petition with the Department 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. In the petition, 

the person may 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, the 

Department 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 entry of 

the Department’s final ruling. 

Final Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601– 

612], the Department is required to 

examine the impact of this rule on small 

entities. The purpose of the RFA is to 

fit regulatory actions to the scale of 

businesses subject to such action so that 

small businesses will not be 

disproportionately burdened. 

The 1996 Act, which authorizes the 

Department to consider industry 

proposals for generic programs of 

promotion, research, and information 

for agricultural commodities, became 

effective on April 4, 1996. The 1996 Act 

provides for alternatives within the 

terms of a variety of provisions. 

Paragraph (e) of Section 518 of the 

1996 Act provides three options for 

determining industry approval of a new 

research and promotion program: (1) By 

a majority of those persons voting; (2) by 

persons voting for approval who 

represent a majority of the volume of the 

agricultural commodity; or (3) by a 

majority of those persons voting for 

approval who also represent a majority 

of the volume of the agricultural 

commodity. In addition, Section 518 of 

the 1996 Act provides for referenda to 

ascertain approval of an order to be 

conducted either prior to its going into 

effect or within three years after 

assessments first begin under an order. 

The Washington Red Raspberry 

Commission (WRRC) has recommended 

that the Department conduct a 

referendum in which approval of the 

Proposed Order would be based on a 

simple majority of the producers and 

importers voting in the referendum. The 

Department is conducting a referendum 

prior to the Proposed Order going into 

effect. 

This rule establishes the procedures 

under which producers of raspberries 

for processing and importers of 

processed raspberries will vote on 

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6090 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 

whether they want a processed 

raspberry promotion, research, and 

information program to be 

implemented. This rule adds a new 

subpart which establishes procedures to 

conduct initial and future referenda. 

The subpart covers definitions, voting 

instructions, use of subagents, ballots, 

the referendum report, and 

confidentiality of information. 

There are approximately 195 

producers of raspberries for processing 

and 50 importers of processed 

raspberries who would be subject to the 

program and eligible to vote in the first 

referendum. 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 (handlers and importers) 

as those having annual receipts of no 

more than $7.0 million. Under these 

criteria, the majority of the producers 

and handlers that would be affected by 

this Proposed Order would be 

considered small entities, while most 

importers would not. Further, qualified 

organizations certified by the Secretary 

for nomination purposes, would be 

expected to generally consist of entities 

reflecting such sizes also. Producers and 

importers of less than 20,000 pounds 

per year of raspberries for processing 

and processed raspberries respectively 

would be exempt under this Proposed 

Order. Five organic producers and 

importers are also expected to be 

exempt from assessments. The number 

of entities assessed under the program 

would be around 245. Estimated 

revenue is expected at $1.2 million of 

which 43 percent is expected from 

imported product and 57 percent from 

domestic product. 

This rule provides the procedures 

under which producers of raspberries 

for processing and importers of 

processed raspberries will vote on 

whether they want the Proposed Order 

to be implemented. In accordance with 

the provisions of the 1996 Act, 

subsequent referenda may be 

conducted, and it is anticipated that 

these procedures will apply. There are 

approximately 195 producers of 

raspberries for processing and 50 

importers of processed raspberries who 

will be eligible to vote in the first 

referendum. Producers of raspberries for 

processing and importers of processed 

raspberries of less than 20,000 pounds 

per year will be exempt from 

assessments and not eligible to vote in 

the referendum. 

The Department will keep these 

individuals informed throughout the 

program implementation and 

referendum process to ensure that they 

are aware of and are able to participate 

in the program implementation process. 

USDA will also publicize information 

regarding the referendum process so 

that trade associations and related 

industry media can be kept informed. 

Voting in the referendum is optional. 

However, if producers and importers 

choose to vote, the burden of voting will 

be offset by the benefits of having the 

opportunity to vote on whether or not 

they want to be covered by the program. 

The information collection 

requirements contained in this rule are 

designed to minimize the burden on 

producers and importers. This rule 

provides for a ballot to be used by 

eligible producers and importers to vote 

in the referendum. The estimated 

annual cost of providing the information 

by an estimated 195 producers of 

raspberries for processing and 50 

importers of processed raspberries 

would be $195.00 for all producers or 

$1.00 per producer and $50.00 for all 

importers or $1.00 per importer. 

The Department considered requiring 

eligible voters to vote in person at 

various USDA offices across the 

country. The Department also 

considered electronic voting, but the use 

of computers is not universal. 

Conducting the referendum from one 

central location by mail ballot will be 

more cost effective and reliable. USDA 

will provide easy access to information 

for potential voters through a toll free 

telephone line. 

There are no federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Paperwork Reduction Act 

In accordance with the OMB 

regulation [5 CFR part 1320] which 

implements the Paperwork Reduction 

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

referendum ballot, which represents the 

information collection and 

recordkeeping requirements that may be 

imposed by this rule, was submitted to 

OMB for approval and approved under 

OMB Number 0581–NEW. 

Title: Processed Raspberry Promotion, 

Research, and Information Order. 

OMB Number: 0581–NEW. 

Expiration Date of Approval: 3 years 

from OMB date of approval. 

Type of Request: New information 

collection for research and promotion 

programs. 

Abstract: The information collection 

requirements in this request are 

essential to carry out the intent of the 

1996 Act, to provide the respondents 

the type of service they request, and to 

administer the Proposed Order. The 

ballot is needed for the referendum that 

will be held to determine whether 

producers and importers are in favor of 

the program. The information collected 

is used by USDA to determine whether 

a majority of the eligible producers and 

importers voting in a referendum 

approve of this program. Producers and 

importers of 20,000 or more pounds of 

raspberries for processing or processed 

raspberries respectively, are eligible to 

vote in the referendum and shall be 

entitled to cast only one ballot in the 

referendum. 

Referendum Ballot 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 0.25 hours per 

response for each producer and 

importer. 

Respondents: Producers and 

importers. 

Estimated Number of Respondents: 

245. 

Estimated Number of Responses per 

Respondent: 1 every 7 years (0.14). 

Estimated Total Annual Burden on 

Respondents: 8.58 hours. 

The ballot will be added to the other 

information collections approved for 

use under OMB Number 0581–NEW. 

The estimated annual cost of 

providing the information by an 

estimated 195 producers of raspberries 

for processing and 50 importers of 

processed raspberries would be $195.00 

for all producers or $1.00 per producer 

and $50.00 for all importers or $1.00 per 

importer. 

Background 

The 1996 Act, which authorizes the 

Department to consider industry 

proposals for generic programs of 

promotion, research, and information 

for agricultural commodities, became 

effective on April 4, 1996. The 

Department received the proposal for a 

new order from the Washington Red 

Raspberry Commission (WRRC). On 

April 9, 2009, the Department published 

in the Federal Register proposals for the 

Proposed Order [74 FR 16266] and 

proposed referendum procedures [74 FR 

16289]. A second proposal addressing 

the comments received for the Proposed 

Order is published in this issue of the 

Federal Register. 

The Proposed Order would provide 

for the development and financing of an 

effective and coordinated program of 

promotion, research, and consumer and 

industry information for processed 

raspberries in the United States. The 

program would be funded by an 

assessment levied on producers and 

importers (to be collected by Customs at 

time of entry into the United States) at 

an initial rate of one cent per pound. 

Producers of raspberries for processing 

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Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 6091 

and importers of processed raspberries 

of less than 20,000 pounds per year 

would be exempt from paying 

assessments. The assessments would be 

used to pay for promotion, research, and 

consumer and industry information; 

administration, maintenance, and 

functioning of the proposed National 

Raspberry Council; and expenses 

incurred by the Department in 

implementing and administering the 

Proposed Order, including referendum 

costs. 

Section 518 of the 1996 Act requires 

that a referendum be conducted among 

eligible producers of raspberries for 

processing and importers of processed 

raspberries to determine whether they 

favor implementation of the Order. That 

section also requires the Proposed Order 

to be approved by a simple majority of 

the producers and importers voting in 

the referendum. 

This final rule establishes the 

procedures under which producers of 

raspberries for processing and importers 

of processed raspberries may vote on 

whether they want the processed 

raspberry promotion, research, and 

information program to be 

implemented. There are approximately 

245 eligible voters. 

This action adds a new subpart 

establishing procedures to be used in 

this and future referenda. This subpart 

covers definitions, voting, instructions, 

use of subagents, ballots, the 

referendum report, and confidentiality 

of information. 

Proposed referendum procedures 

were published in the Federal Register 

on April 9, 2009. Copies of the proposed 

rule were made available by USDA and 

the Office of the Federal Register, and 

were also available via the Internet at 

www.regulations.gov. The proposed rule 

provided a 60-day comment period 

ending on June 8, 2009. No comments 

were received by the deadline. 

It is found that good cause exists for 

not postponing the effective date of this 

rule until 30 days after publication in 

the Federal Register (5 U.S.C. 553) 

because the crop year begins on April 1 

and it is preferable that this program, if 

approved in referendum, be in effect 

before. 

List of Subjects in 7 CFR Part 1208 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Processed Raspberries, Promotion, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, Title 7, Chapter XI of the 

Code of Federal Regulations is amended 

by adding part 1208 to read as follows: 

PART 1208—PROCESSED 

RASPBERRY PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

Subpart A—[Reserved] 

Subpart B—Referendum Procedures 

Sec. 

1208.100 General. 

1208.101 Definitions. 

1208.102 Voting. 

1208.103 Instructions. 

1208.104 Subagents. 

1208.105 Ballots. 

1208.106 Referendum report. 

1208.107 Confidential information. 

1208.108 OMB control number. 

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

7401. 

Subpart A—[Reserved] 

Subpart B—Referendum Procedures 

§ 1208.100 General. 

Referenda to determine whether 

eligible producers of raspberries for 

processing and importers of processed 

raspberries favor the issuance, 

amendment, suspension, or termination 

of the Processed Raspberry Promotion, 

Research, and Information Order shall 

be conducted in accordance with this 

subpart. 

§ 1208.101 Definitions. 

(a) Administrator means the 

Administrator of the Agricultural 

Marketing Service, with power to 

delegate, or any officer or employee of 

the U.S. Department of Agriculture to 

whom authority has been delegated or 

may hereafter be delegated to act in the 

Administrator’s stead. 

(b) Department means the U.S. 

Department of Agriculture or any officer 

or employee of the Department to whom 

authority has heretofore been delegated, 

or to whom authority may hereafter be 

delegated, to act in the Secretary’s stead. 

(c) Eligible producer means any 

person who grows 20,000 pounds or 

more of raspberries for processing in the 

United States for sale in commerce, or 

a person who is engaged in the business 

of producing, or causing to be produced 

for any market, raspberries for 

processing beyond the person’s own 

family use and having value at first 

point of sale. 

(d) Eligible importer means any 

person importing 20,000 or more 

pounds of processed raspberries into the 

United States in a calendar year as a 

principal or as an agent, broker, or 

consignee of any person who produces 

or handles processed raspberries outside 

of the United States for sale in the 

United States, and who is listed as the 

importer of record for such processed 

raspberries that are identified in the 

Harmonized Tariff Schedule of the 

United States by the numbers 

0811.20.20.20, during the representative 

period. Importation occurs when 

processed raspberries originating 

outside of the United States are released 

from custody by Customs and 

introduced into the stream of commerce 

in the United States. Included are 

persons who hold title to foreignproduced processed raspberries 

immediately upon release by Customs, 

as well as any persons who act on behalf 

of others, as agents or brokers, to secure 

the release of processed raspberries from 

Customs when such processed 

raspberries are entered or withdrawn for 

consumption in the United States. 

(e) Raspberries mean and include all 

kinds, varieties, and hybrids of 

cultivated raspberries of the genus 

‘‘Rubus’’ grown in or imported into the 

United States. 

(f) Processed Raspberries means 

raspberries which have been frozen, 

dried, pureed, made into juice, or 

delivered in any other form altered by 

mechanical processes other than fresh. 

(g) Order means the Processed 

Raspberry Promotion, Research, and 

Information Order. 

(h) Person means any individual, 

group of individuals, partnership, 

corporation, association, cooperative, or 

any other legal entity. For the purpose 

of this definition, the term ‘‘partnership’’ 

includes, but is not limited to: 

(1) A husband and a wife who have 

title to, or leasehold interest in, a 

raspberry farm as tenants in common, 

joint tenants, tenants by the entirety, or, 

under community property laws, as 

community property; and 

(2) So-called ‘‘joint ventures’’ wherein 

one or more parties to an agreement, 

informal or otherwise, contributed land 

and others contributed capital, labor, 

management, or other services, or any 

variation of such contributions by two 

or more parties. 

(i) Referendum agent or agent means 

the individual or individuals designated 

by the Secretary to conduct the 

referendum. 

(j) Representative period means the 

period designated by the Department. 

(k) United States or U.S. means 

collectively the 50 states, the District of 

Columbia, the Commonwealth of Puerto 

Rico, and the territories and possessions 

of the United States. 

§ 1208.102 Voting. 

(a) Each eligible producer of 

raspberries for processing and eligible 

importer of processed raspberries shall 

be entitled to cast only one ballot in the 

referendum. However, each producer in 

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6092 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 

a landlord/tenant relationship or a 

divided ownership arrangement 

involving totally independent entities 

cooperating only to process raspberries, 

in which more than one of the parties 

is a producer or importer, shall be 

entitled to cast one ballot in the 

referendum covering only such 

producer or importer’s share of the 

ownership. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate producer or importer, or an 

administrator, executor, or trustee or an 

eligible entity may cast a ballot on 

behalf of such entity. Any individual so 

voting in a referendum shall certify that 

such individual is an officer or 

employee of the eligible entity, or an 

administrator, executive, or trustee of an 

eligible entity and that such individual 

has the authority to take such action. 

Upon request of the referendum agent, 

the individual shall submit adequate 

evidence of such authority. 

(c) All ballots are to be cast by mail 

as instructed by the Department. 

§ 1208.103 Instructions. 

The referendum agent shall conduct 

the referendum, in the manner provided 

in this subpart, under the supervision of 

the Administrator. The Administrator 

may prescribe additional instructions, 

not inconsistent with the provisions of 

this subpart, to govern the procedure to 

be followed by the referendum agent. 

Such agent shall: 

(a) Determine the period during 

which ballots may be cast. 

(b) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter. 

(c) Give reasonable public notice of 

the referendum: 

(1) By utilizing available media or 

public information sources, without 

incurring advertising expense, to 

publicize the dates, places, method of 

voting, eligibility requirements, and 

other pertinent information. Such 

sources of publicity may include, but 

are not limited to, print and radio; and 

(2) By such other means as the agent 

may deem advisable. 

(d) Mail to eligible producers and 

importers whose names and addresses 

are known to the referendum agent, the 

instructions on voting, a ballot, and a 

summary of the terms and conditions of 

the proposed Order. No person who 

claims to be eligible to vote shall be 

refused a ballot. 

(e) At the end of the voting period, 

collect, open, number, and review the 

ballots and tabulate the results in the 

presence of an agent of a third party 

authorized to monitor the referendum 

process. 

(f) Prepare a report on the referendum. 

(g) Announce the results to the public. 

§ 1208.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. Each individual so 

appointed may be authorized by the 

agent to perform any or all of the 

functions which, in the absence of such 

appointment, shall be performed by the 

agent. 

§ 1208.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1208.106 Referendum report. 

Except as otherwise directed, the 

referendum agent shall prepare and 

submit to the Administrator a report on 

the results of the referendum, the 

manner in which it was conducted, the 

extent and kind of public notice given, 

and other information pertinent to the 

analysis of the referendum and its 

results. 

§ 1208.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1208.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35 is OMB control 

number 0581–NEW. 

Dated: January 27, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–2064 Filed 2–5–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM417; Special Conditions No. 

25–392–SC] 

Special Conditions: Model C–27J 

Airplane; Class E Cargo Compartment 

Lavatory 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Alenia Model C–27J 

airplane. This airplane has novel or 

unusual design features when compared 

to the state of technology described in 

the airworthiness standards for 

transport-category airplanes. These 

design features include a lavatory in the 

Class E cargo compartment. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for these design 

features. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. The 

FAA has issued additional special 

conditions for other novel or unusual 

design features of the C–27J. 

DATES: Effective Date: January 22, 2010. 

FOR FURTHER INFORMATION CONTACT: Tom 

Groves, FAA, International Branch, 

ANM–116, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–1503, facsimile 

(425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 27, 2006, the European 

Aviation Safety Agency (EASA) 

forwarded to the FAA an application 

from Alenia Aeronautica of Torino, 

Italy, for U.S. type certification of a 

twin-engine, commercial transport 

designated as the Model C–27J. The C– 

27J is a twin-turbopropeller, cargotransport aircraft with a maximum 

takeoff weight of 30,500 kilograms. 

Type Certification Basis 

Under the provisions of § 21.17 of 

Title 14, Code of Federal Regulations 

(14 CFR), and the bilateral agreement 

between the U.S. and Italy, Alenia 

Aeronautica must show that the C–27J 

meets the applicable provisions of 14 

CFR part 25, as amended by 

Amendments 25–1 through 25–87. 

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