Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 15677 

The following guidelines will govern 

meeting discussions: 

(1) The Chairperson will lead the 

discussion. 

(2) Only one person may speak at a 

time. Every participant should have an 

opportunity to speak. The Chairperson 

or his or her designee is responsible for 

recognizing speakers. 

(3) The Chairperson, in consultation 

with those members present, may 

establish time limits for discussion on 

individual agenda items. 

(4) The Chairperson will defer to the 

next meeting those agenda items not 

covered because of time limits. 

(g) Record of Meetings 

Summaries for all Local Working 

Group meetings will be available within 

30 calendar days of the meeting, and 

will be filed at the appropriate local 

NRCS office. 

(h) Input to State Technical Committee 

Local Working Group 

recommendations are to be submitted to 

State Technical Committee Chairperson 

and/or the District Conservationist (or 

Designated Conservationist), as 

appropriate, within 14 calendar days 

after a meeting. 

Signed on 1st day of April 2009, in 

Washington, DC. 

Dave White, 

Chief, Natural Resources Conservation 

Service. 

[FR Doc. E9–7771 Filed 4–6–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1209 

[Docket No.: AMS–FV–08–0047; FV–08–702] 

RIN 0581–AC82 

Amendments to Mushroom Promotion, 

Research, and Consumer Information 

Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: This rule proposes to amend 

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. This rule proposes changes 

to the Order based on amendments to 

the Food Conservation and Energy Act. 

DATES: Comments must be received by 

May 7, 2009. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the Internet at http:// 

www.regulations.gov or to the Research 

and Promotion Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0244, 

Room 0632–S, Washington, DC 20250– 

0244; fax: (202) 205–2800. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the above office during 

regular business hours or 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: 

Kimberly Coy, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, 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: 

Kimberly.Coy@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. 

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 and will not effect or 

preempt any State, Federal, or local 

laws, regulations, or policies 

authorizing promotion or research 

relating to an agricultural commodity, 

unless they represent an irreconcilable 

conflict with this rule. 

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. 

Initial 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 is 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 is allocated when 

imports, on average, exceed 35,000,000 

pounds of mushrooms annually. The 

15678 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 

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 proposal would 

change 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). Mushrooms farms, like many 

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 proposed 

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 proposes to change 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 proposed rule would also 

increase 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 proposed rule would also change 

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 

9-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. 

With regard to alternatives, this 

proposed rule reflects the provisions of 

the Act as amended. 

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 

proposed rule recommends an 

amendment to 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 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 15679 

mushroom production volume and 

import volume. 

Section 1924(b)(3) of the Act provides 

for referenda to be conducted to 

ascertain approval of changes to the 

Order prior to going into effect. Such 

amendments to the Order become 

effective, if the Secretary determines 

that the Order has been approved by a 

majority of the producers and importers 

of mushrooms 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 voting in the 

referendum. Accordingly, before these 

changes are made to the Order, a 

referendum will be conducted among 

eligible producers and importers of 

mushrooms. 

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. 

There are no Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

We have performed this Initial 

Regulatory Flexibility Analysis 

regarding the impact of this proposed 

amendment to the Order on small 

entities, and we invite comments 

concerning the effects of this 

amendment on small businesses. 

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 

at least four members and not more than 

nine members. For the purpose of 

nominating and appointing producers to 

the Council, the United States is 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 is 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. 

Under section 1209.230 of the 

regulations, current regions and Council 

member representation for each region 

are as follows: Region 1: Colorado, 

Oklahoma, Wyoming, Washington, 

Oregon, Florida, Illinois, Tennessee, 

Texas and Utah—3 producer members; 

Region 2: the State of Pennsylvania—3 

producer members; Region 3: the State 

of California—2 producer members; 

Region 4: all other States including the 

District of Columbia and the 

Commonwealth of Puerto Rico—0 

producer members; and Region 5: 

importers—1 member. Based on data 

from the Council, from the period 

beginning January 1, 2004, through 

December 31, 2007, there is 

approximately 746 million pounds of 

mushrooms assessed on average 

annually under the Order. Currently, the 

Order’s Regions 1, 2, 3, 4, and 5 

represent 172 million pounds, 363 

million pounds, 110 million pounds, 15 

million pounds, and 68 million pounds, 

respectively, based on a four year 

average from January 1, 2004, through 

December 31, 2007. Since Region 4 

represents 15 million pounds of 

mushroom production, the region no 

longer qualifies for member 

representation because production 

within the region falls below the 35 

million pounds Order requirement. 

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 proposal would 

change 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. 

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 

1902.12 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 1208.15; and (2) 

15680 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 

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 

proposed rule would increase 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 proposed rule would 

also change 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 proposed amendment to the 

Order would change 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 

proposed rule recommends an 

amendment to 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’’. 

For changes to the Order to become 

effective, the proposed amendments to 

the Order must be approved by a 

majority of the producers and importers 

of mushrooms voting in a 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 voting in the 

referendum. Accordingly, a referendum 

will be conducted among eligible 

producers and importers of mushrooms. 

Specific dates for the referendum will 

be announced at a later date. 

Finally, any final rule published as a 

result of this action would terminate 

section 1209.230 of the regulations 

concerning reallocation of Council 

members. 

A thirty-day comment period is 

provided to allow interested persons to 

respond to this proposal. A thirty-day 

comment period is deemed appropriate 

in order to conform the provisions of the 

Order to the 2008 Farm Bill 

amendments as soon as possible. All 

written comments received in response 

to this rule by the date specified would 

be considered prior to finalizing this 

action. 

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, it is proposed that 7 CFR part 

1209 of the Code of Federal Regulations 

be 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) through 

(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 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 15681 

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. 

(f) * * * 

(g) * * * 

3. In § 1209.38, redesignate 

paragraphs (l) and (m) as paragraphs (m) 

and (n), respectively, and add a new 

paragraph (l) 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] 

4. Section 1209.230 is removed. 

Dated: March 30, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–7476 Filed 4–6–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0314; Directorate 

Identifier 2008–NM–196–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, –300F, and 

–400ER Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Boeing Model 767–200, –300, –300F, 

and –400ER series airplanes. This 

proposed AD would require an 

inspection to determine if certain motor 

operated valve actuators for the fuel 

tanks are installed, and related 

investigative and corrective actions if 

necessary. This proposed AD results 

from fuel system reviews conducted by 

the manufacturer. We are proposing this 

AD to prevent an ignition source inside 

the fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in a fuel tank explosion and consequent 

loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by May 22, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6505; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0314; Directorate Identifier 

2008–NM–196–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and