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[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 7985-7986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3478]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1218

[Document Number AMS-FV-09-0021; FV-09-704]

Blueberry Promotion, Research, and Information Order; Withdrawal 
of a Proposed Rule

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Withdrawal of proposed rule.

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SUMMARY: This action withdraws a proposed rule published in the Federal 
Register on July 27, 2009 (74 FR 36955), to amend the Blueberry 
Promotion, Research, and Information Order (Order) by increasing the 
assessment rate on producers and importers who produce or import more 
than 2,000 pounds of highbush blueberries annually from $12 to $24 per 
ton. The Order is administered by the U.S. Highbush Blueberry Council 
(Council). Assessments are used by the Council to fund a nationally 
coordinated program of research, development, advertising, and 
promotion of highbush blueberries in the marketplace. The Council 
recommended increasing the assessment rate to expand its promotional 
and

[[Page 7986]]

research activities to bridge the potential gap between demand and 
future supply. Several comments were received in opposition to the 
proposed increase in assessment rate. Accordingly, based upon comments 
received, the proposed rule is being withdrawn.

DATES: The proposed rule published on July 27, 2009 (74 FR 36955) is 
withdrawn as of February 23, 2010.

FOR FURTHER INFORMATION CONTACT: Sonia Jimenez, Chief, 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: Sonia.Jimenez@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under the Blueberry 
Promotion, Research, and Information Order [7 CFR part 1218]. The Order 
is authorized under the Commodity Promotion, Research, and Information 
Act of 1996 [7 U.S.C. 7411-7425].
    This action withdraws a proposed rule published in the Federal 
Register on July 27, 2009 (74 FR 36955), to amend the Order by 
increasing the assessment rate on producers and importers who produce 
or import more than 2,000 pounds of highbush blueberries annually from 
$12 to $24 per ton. The Council recommended this action to expand its 
promotional activities and add an advertising component to bridge the 
potential gap between highbush blueberry demand and future supply. 
Furthermore, it was the Council's intent to use the additional revenue 
to strengthen existing consumer, food service, and food manufacturer 
publicity; to expand its health research; and to develop an educational 
campaign on good management practices and food safety within the United 
States as well as internationally.
    During the comment period, July 27 through September 25, 2009, the 
Department of Agriculture received 45 timely comments. These comments 
may be viewed on the Internet at http://www.regulations.gov. Nineteen 
comments were opposed to increasing the assessment rate at this time 
and one comment supported a smaller increase of $18 per ton.
    In summary, the opposing commenters expressed concern with doubling 
the assessment rate in light of current, poor economic conditions. 
Several commenters also argued that there is no need to increase the 
assessment rate because revenue should increase with the anticipated 
increase in production. Others raised concerns about growers being able 
to cover their production costs if the assessment rate doubled. Given 
the comments received, AMS agrees that the proposed rule increasing the 
assessment rate from $12 to $24 per ton should not be finalized. 
Therefore, the proposed rule is being withdrawn so as to allow further 
consideration by the Council. The Council should reconsider whether an 
increase in the assessment rate is appropriate, and if so, at what rate 
it should recommend any increase.
    The proposed rule to amend the Order by increasing the assessment 
rate on producers and importers who produce or import more than 2,000 
pounds of highbush blueberries annually from $12 to $24 per ton 
published in the Federal Register on July 27, 2009 (74 FR 36955), is 
hereby withdrawn.

List of Subjects in 7 CFR Part 1218

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Blueberry promotion, Reporting and 
recordkeeping requirements.

    Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.

    Dated: February 17, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-3478 Filed 2-22-10; 8:45 am]
BILLING CODE 3410-02-P
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