31730 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Proposed Rules 

inventory reserve such that the total 

primary inventory reserve does not 

exceed 50-million pounds; Provided, 

That such 50-million-pound quantity 

may be changed upon recommendation 

of the Board and approval of the 

Secretary. Any such change shall be 

recommended by the Board on or before 

September 30 of any crop year to 

become effective for the following crop 

year, and the quantity may be changed 

no more than one time per crop year. 

Handlers will be permitted to divert (at 

plant or with grower diversion 

certificates) as much of the restricted 

percentage requirement as they deem 

appropriate, but may not establish a 

primary inventory reserve in excess of 

the percentage established by the Board 

for restricted cherries. In the event 

handlers wish to establish inventory 

reserve in excess of this amount, they 

may do so, in which case it will be 

classified as a secondary inventory 

reserve and will be regulated 

accordingly. 

* * * * * 

5. Add a new paragraph (d) to 

§ 930.54 to read as follows: 

§ 930.54 Prohibition on the use or 

disposition of inventory reserve cherries. 

* * * * * 

(d) Should the volume of cherries 

held in the primary inventory reserves 

and, subsequently, the secondary 

inventory reserves reach a minimum 

amount, which level will be established 

by the Secretary upon recommendation 

from the Board, the products held in the 

respective reserves shall be released 

from the reserves and made available to 

the handlers as free tonnage. 

6. Revise paragraph (b) of § 930.55 to 

read as follows: 

§ 930.55 Primary inventory reserves. 

* * * * * 

(b) The form of the cherries, frozen, 

canned in any form, dried, or 

concentrated juice, placed in the 

primary inventory reserve is at the 

option of the handler. The product(s) 

placed by the handler in the primary 

inventory reserve must have been 

produced in either the current or the 

preceding two crop years. Except as may 

be limited by § 930.50(i) or as may be 

permitted pursuant to §§ 930.59 and 

930.62, such inventory reserve portion 

shall be equal to the sum of the products 

obtained by multiplying the weight or 

volume of the cherries in each lot of 

cherries acquired during the fiscal 

period by the then effective restricted 

percentage fixed by the Secretary; 

Provided, That in converting cherries in 

each lot to the form chosen by the 

handler, the inventory reserve 

obligations shall be adjusted in 

accordance with uniform rules adopted 

by the Board in terms of raw fruit 

equivalent. 

* * * * * 

Dated: May 27, 2010. 

Rayne Pegg 

Administrator, Agriculture Marketing Service. 

[FR Doc. 2010–13348 Filed 6–3–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1215 

[Document Number AMS–FV–10–0010] 

Popcorn Promotion, Research, and 

Consumer Information Order; 

Reapportionment 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to reduce 

the Popcorn Board (Board) membership 

from nine to five members to reflect the 

consolidation of the popcorn industry 

and therefore, fewer popcorn processors 

in the industry. In accordance with the 

Popcorn Promotion, Research and 

Consumer Information Order (Order) 

which is authorized by the Popcorn 

Promotion, Research and Consumer 

Information Act (Act), the number of 

members on the Board may be changed 

by regulation; provided, that the Board 

consist of not fewer than four members 

and not more than nine members. In 

addition, the Order states that for 

purposes of nominating and appointing 

processors to the Board, the Secretary 

may take into account the geographical 

distribution of popcorn processors. 

DATES: Comments must be received by 

July 6, 2010. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the Internet at: http:// 

www.regulations.gov or to the Research 

and Promotion Branch, Fruit and 

Vegetable Programs, Agricultural 

Marketing Service (AMS), U.S. 

Department of Agriculture, 

(Department) Room 0632–S, Stop 0244, 

1400 Independence Avenue, SW., 

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 in the 

above office during regular business 

hours or it can be viewed at http:// 

www.regulations.gov. All comments 

received will be posted without change, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Simmons, Marketing 

Specialist, Research and Promotion 

Branch, Fruit and Vegetable Programs, 

AMS, U.S. Department of Agriculture, 

Stop 0244, 1400 Independence Avenue, 

SW., Room 0632–S, Washington, DC 

20250–0244; telephone: (888) 720–9917; 

facsimile: (202) 205–2800; or electronic 

mail: deborah.simmons@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Popcorn Promotion, 

Research, and Consumer Information 

Order [7 CFR part 1215]. The Order is 

authorized under the Popcorn 

Promotion, Research and Consumer 

Information Act [7 U.S.C. 7481–7491]. 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order 12866 for 

this action. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. The rule is not intended to have 

retroactive effect and will not affect or 

preempt any other State or Federal law 

authorizing promotion or research 

relating to an agricultural commodity. 

The Act provides that any person 

subject to an order may file a written 

petition with the Department if they 

believe that the order, any provision of 

the order, or any obligation imposed in 

connection with the order, is not 

established in accordance with law. In 

any petition, the person may request a 

modification of the order or an 

exemption from the order. The 

petitioner is afforded the opportunity 

for a hearing on the petition. After a 

hearing, the Department would rule on 

the petition. The Act provides that the 

district court of the United States in any 

district in which the petitioner resides 

or conducts business shall have the 

jurisdiction to review the Department’s 

ruling on the petition, provided a 

complaint is filed not later than 20 days 

after the date of the entry of the ruling. 

Initial Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601– 

612], AMS has considered the economic 

impact of this action on the processors 

that would be affected by this rule. The 

purpose of the RFA is to fit regulatory 

action to scale on businesses subject to 

such action so that small businesses will 

not be disproportionately burdened. 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Proposed Rules 31731 

Small agricultural service firms which 

would include processors who are 

covered under the Order, have been 

defined by the Small Business 

Administration (13 CFR 121.607) as 

those having annual receipts of no more 

than $7 million. Almost 50 percent of 

the industry is exempt from paying 

assessments. Based on information from 

the Board there are currently a total of 

40 processors in the industry. Of those, 

21 processors pay mandatory 

assessments into the program. Of the 21 

processors, 11 would be classified as 

small processors representing 7 percent 

of the popcorn assessed. The top five 

popcorn producing states are Nebraska, 

Indiana, Illinois, Ohio and Iowa. In 

2009, Indiana, Kansas, Michigan and 

Ohio had decreases in acreage planted 

and harvested while Kentucky, Illinois, 

Iowa, Missouri and Nebraska had 

increases in acreage planted and 

harvested over the acreage planted and 

harvested in 2008. Overall 2009 acreage 

planted increased by 1 percent and 

acreage harvested increased by 4 

percent over 2008 numbers. 

Most of the processors would be 

classified as small businesses under the 

criteria established by the Small 

Business Administration. Processors 

who process and distribute 4 million 

pounds or less of popcorn annually are 

exempt from this program. Persons that 

operate under an approved National 

Organics program (NOP) (7 CFR part 

206) system plan; process only products 

that are eligible to be labeled as 100 

percent organic under the NOP and are 

not split operations shall be exempt 

from the payment of assessments. 

The Board currently consists of 9 

members which represent small, 

medium and large processors in the 

industry. 

The Board voted during its October 5, 

2009, conference call to request that the 

Secretary reduce the number of 

members from nine to five and to 

appoint persons to reflect the 

consolidation of the popcorn industry 

and therefore, fewer popcorn processors 

in the industry who will equitably make 

up the board between large, medium 

and small processors. The Board would 

continue to strive for diversity within 

the industry. 

Nominations and appointments to the 

Board are conducted pursuant to 

sections 1215.22, 1215.23, and 1215.25 

of the Order. Appointments to the Board 

are made by the Secretary from a slate 

of nominated candidates. Pursuant to 

section 1215.22(3)(i) of the Order, 

nominations for each position shall be 

made by processors, and be submitted to 

the Secretary for appointment to the 

Board. The Order requires that two 

nominees be submitted for each vacant 

position. 

The Department has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Background 

The Order became effective on July 

22, 1997, and it is authorized under the 

Act. The Board is composed of nine 

processors. Nominations take into 

consideration the geographical 

distribution of popcorn production. The 

States that currently have representation 

on the Board are Nebraska, Indiana, 

Iowa, Missouri and Colorado. Based on 

information from the Board, in 2008, the 

top five popcorn producing states were 

Nebraska, Indiana, Illinois, Ohio and 

Iowa. 

Under the Order, the Board 

administers a nationally coordinated 

program of promotion, research, 

consumer information and industry 

information designed to strengthen the 

position of popcorn in the marketplace, 

and to maintain and expand domestic 

and foreign markets and uses for 

popcorn. This program is financed by 

assessments on processors who process 

and distribute 4 million pounds or more 

of popcorn annually. The current rate of 

assessment is 6 cents per 

hundredweight of popcorn. The Order 

specifies that processors are responsible 

for submitting the assessment to the 

Board and maintaining records 

necessary to verify their reporting(s). 

Processors who processes and 

distributes less than 4 million pounds of 

popcorn annually are exempt from this 

assessment. 

On October 5, 2009, the Board voted 

to decrease its membership from nine to 

five. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. Thirty days is deemed 

appropriate so that the proposed 

amendments, if adopted, may be 

implemented before the 2010 term of 

office expires on December 31, 2010. All 

written comments received in response 

to this rule by the date specified would 

be considered prior to finalizing this 

action. 

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 thirty days after publication 

in the Federal Register because (1) a 

final rule needs to be in effect before the 

Board makes a call for nominations for 

the term of office beginning January 1, 

2011. 

List of Subjects in 7 CFR Part 1215 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Popcorn Promotion, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1215 is proposed 

to be amended as follows: 

PART 1215—POPCORN PROMOTION, 

RESEARCH, AND CONSUMER 

INFORMATION ORDER 

1. The authority citation for 7 CFR 

part 1215 continues to read as follows: 

Authority: 7 U.S.C. 7481–7491; 7 U.S.C. 

7401. 

2. § 1215.21, paragraph (a) is revised 

to read as follows: 

§ 1215.21 Establishment and membership. 

(a) There is hereby established a 

Popcorn Board of five members. The 

number of members on the board may 

be changed by rulemaking: Provided, 

that the Board consist of not fewer than 

four members and not more than nine 

members. The Board shall be composed 

of popcorn processors appointed by the 

Secretary under section 1215.24. 

* * * * * 

Dated: May 28, 2010. 

Rayne Pegg, 

Administrator. 

[FR Doc. 2010–13407 Filed 6–3–10; 8:45 am] 

BILLING CODE: P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0548; Directorate 

Identifier 2010–NM–041–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model BD–700–1A10 and BD–700– 

1A11 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 


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