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

15673 

Vol. 74, No. 65 

Tuesday, April 7, 2009 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 610 

State Technical Committees 

AGENCY: Natural Resources 

Conservation Service (NRCS), United 

States Department of Agriculture 

(USDA). 

ACTION: Standard operating procedures 

for State Technical Committees. 

SUMMARY: Section 1261(b)(1) of the Food 

Security Act of 1985, as amended by the 

Food, Conservation, and Energy Act of 

2008 (2008 Act) requires the Secretary 

of Agriculture to develop standard 

operating procedures to standardize the 

operations of State Technical 

Committees. NRCS published an interim 

final rule for State Technical 

Committees, 7 CFR part 610, in the 

Federal Register on November 25, 2008, 

that states NRCS will incorporate 

standard operating procedures for State 

Technical Committees into its directives 

system and provide public notice of 

those procedures. NRCS seeks public 

comment on this document that 

includes the current NRCS standard 

operating procedures as set forth in the 

NRCS directives system. 

DATES: Comment Date: Submit 

comments on or before June 8, 2009. 

ADDRESSES: You may send comments 

using any of the following methods: 

• Government-wide rulemaking Web 

site: Go to http://regulations.gov and 

follow the instructions for sending 

comments electronically. 

• Mail: Conservation Technical 

Assistance Programs Division, U.S. 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 6015 

South Building, Washington, DC 20250– 

2890. 

• Fax: (202) 720–2998 

• Hand Delivery: Room 6015 of the 

USDA South Office Building, 1400 

Independence Avenue, SW., 

Washington, DC 20250, between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Please ask the 

guard at the entrance to the South 

Building to call (202) 720–8851 in order 

to be escorted into the building. 

• This notice may be accessed via 

Internet. Users can access the NRCS 

homepage at http://www.nrcs.usda.gov/; 

select the Farm Bill link from the menu. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audio tape, etc.) 

should contact the USDA Target Center 

at: (202) 720–2600 (voice and TDD). 

FOR FURTHER INFORMATION CONTACT: 

Andree DuVarney, Branch Chief, 

Conservation Technical Assistance, 

Conservation Planning and Technical 

Assistance Division, U.S. Department of 

Agriculture, Natural Resources 

Conservation Service, PO Box 2890, 

Room 6015—South Building, 

Washington, DC 20013–2890; telephone: 

(202) 720–1510; fax: (202) 720–2998; or 

e-mail: STC2008@wdc.usda.gov, Attn: 

State Technical Committees. 

SUPPLEMENTARY INFORMATION: 

Background 

NRCS establishes its policies and 

procedures through its directives 

system. The NRCS national policy for 

State Technical Committees, including 

standard operating procedures, can be 

accessed through the NRCS directives 

system at: http:// 

directives.sc.egov.usda.gov/. In 

particular, the standard operating 

procedures for the State Technical 

Committees can be found in the 

Programs Manual (440), Part 501, 

Subpart B of the NRCS Directives 

System. NRCS has reprinted the current 

standard operating procedures in this 

notice. NRCS reserves the right to 

update its policy on State Technical 

Committees, including standard 

operating procedures, without further 

Federal Register notice. 

State Technical Committee Standard 

Operating Procedures 

Part 501 

Subpart B—State Technical Committees 

501.10 Overview of State Technical 

Committees 

(a) Introduction 

The Secretary is required to establish 

a technical committee in each State to 

advise on the implementation and 

technical aspects of natural resource 

conservation programs and activities 

under Title XII of the Food Security Act 

of 1985 (the 1985 Act), as amended. 

(b) Statutory Authority 

Sections 1261 and 1262 of the 1985 

Act, as amended, establish the State 

Technical Committees and define their 

legal roles and responsibilities. 

(c) Delegation of Responsibility to NRCS 

The Secretary delegated responsibility 

for establishing technical committees to 

NRCS. Although the State 

Conservationist chairs the committee, 

State Technical Committees may be 

used in an advisory capacity by other 

USDA agencies. 

(d) Exemption From the Federal 

Advisory Committee Act 

Section 1262 of the 1985 Act, as 

amended, exempts State Technical 

Committees and Local Working Groups 

(Part 501.14) from the Federal Advisory 

Committee Act requirements. 

501.11 Roles and Responsibilities of 

State Technical Committees 

(a) Introduction 

State Technical Committees provide 

information, analysis, and 

recommendations to appropriate 

officials of USDA who are charged with 

implementing and establishing 

priorities and criteria for natural 

resources conservation activities and 

programs under Title XII of the 1985 

Act, as amended. Although State 

Technical Committees are advisory in 

nature and have no implementation or 

enforcement authority, USDA gives 

strong consideration to the State 

Technical Committees’ 

recommendations. 

(b) Roles and Responsibilities Related to 

All Programs 

Each State Technical Committee will 

provide information, analysis, and 

recommendations for the following 

programs and initiatives, as needed and 

where applicable: 

• Agricultural Water Enhancement 

Program 

• Chesapeake Bay Watershed 

Initiative 

• Conservation Compliance 

• Conservation Innovation Grants 

• Conservation Reserve Program 

15674 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 

• Conservation Security Program 

• Conservation Stewardship Program 

• Conservation of Private Grazing 

Land 

• Cooperative Conservation 

Partnership Initiative 

• Environmental Quality Incentives 

Program 

• Farm and Ranch Lands Protection 

Program 

• Grassland Reserve Program 

• Grassroots Source Water Protection 

Program 

• Grazing Lands Conservation 

Initiative 

• Great Lakes Basin Program 

• Technical Service Providers 

• Voluntary Public Access and 

Habitat Incentive Program 

• Wetlands Reserve Program 

• Wildlife Habitat Incentive Program 

(c) Example Recommendations 

Such recommendations may include, 

but are not limited to: 

• Priority natural resource concerns 

in the State; 

• Criteria for priority watersheds for 

programmatic focus; 

• Appropriate mix of conservation 

programs and practices to address 

natural resource concerns, including 

coordination with relevant State and 

Tribal programs; 

• Cost-share rates as applied in 

payment schedules for conservation 

practices; 

• Techniques for outreach to 

historically underserved citizens; 

• Criteria to be used in ranking 

program applications; 

• Conservation practice standards; 

and 

• Innovative conservation practices 

and approaches. 

(d) Review of Local Working Groups 

Annually, the State Technical 

Committees will review whether Local 

Working Groups are addressing State 

priorities and criteria for ranking 

program applications. 

(e) Role of the State Conservationist 

The State Conservationist will: 

• Chair the committee; 

• Ensure representation of all 

interests, to the extent practicable: 

• Give strong consideration to the 

committee’s advice on NRCS programs, 

initiatives, and activities; 

• Call and provide notice of public 

meetings; 

• Follow the Standard Operating 

Procedures; and 

• Provide other USDA agencies with 

recommendations from the State 

Technical Committee for programs 

under their purview. 

501.12 State Technical Committee 

Membership 

(a) Introduction 

Each State Technical Committee will 

be composed of agricultural producers, 

owners/operators of nonindustrial 

private forest land, and other 

professionals that represent a variety of 

interests and disciplines in the soil, 

water, wetland, plant, and wildlife 

sciences. 

(b) Composition 

The State Technical Committee for 

each State shall include representatives 

from among the following: 

• Natural Resources Conservation 

Service, USDA; 

• Farm Service Agency (FSA), USDA; 

• FSA State Committee, USDA; 

• Forest Service, USDA; 

• National Institute of Food and 

Agriculture, USDA; 

• Each of the Federally recognized 

American Indian Tribal Governments 

and Alaskan Native Corporations 

encompassing 100,000 acres or more in 

the State; 

• Association of soil and water 

conservation districts; 

• State departments and agencies 

within the State, including the: 

1. Agricultural agency; 

2. Fish and wildlife agency; 

3. Forestry agency; 

4. Soil and water conservation agency; 

and 

5. Water resources agency. 

• Agricultural producers representing 

the variety of crops and livestock or 

poultry raised within the State; 

• Owners of nonindustrial private 

forest land; 

• Nonprofit organizations, within the 

meaning of section 501(c)(3) of the 

Internal Revenue Code of 1986, with 

demonstrable conservation expertise 

and experience working with 

agricultural producers in the State; and 

• Agribusiness. 

(c) Other Members 

The State Conservationist will invite 

other Federal agencies and persons 

knowledgeable about economic and 

environmental impacts of conservation 

techniques and programs to participate, 

as needed. 

(d) Ensuring Diversity 

To ensure that recommendations of 

the State Technical Committee take into 

account the needs of diverse groups 

served by USDA, membership will 

include, to the extent practicable, 

individuals with demonstrated ability to 

represent the conservation and related 

technical concerns of particular 

historically underserved groups and 

individuals including, but not limited 

to, the following: 

• Minorities; 

• Women; 

• Persons with disabilities; and 

• Socially and economically 

disadvantaged groups. 

501.13 Specialized Subcommittees of 

State Technical Committees 

(a) Introduction 

In some situations, specialized 

subcommittees composed of State 

Technical Committee members may be 

needed to analyze and refine specific 

issues. The State Conservationist may 

assemble certain committee members, 

including members of Local Working 

Groups and other experts, to discuss, 

examine, and focus on a particular 

technical or programmatic topic, or 

combination of such. 

(b) Public Involvement 

Specialized subcommittees are open 

to the public and may seek public 

participation, but they are not required 

to do so. Recommendations of 

specialized subcommittees will be 

presented in general sessions of State 

Technical Committees, where the public 

is notified and invited to attend. 

(c) Examples of Specialized 

Subcommittees 

The following are examples of 

specialized subcommittees: 

Examples of specialized subcommittees Program or topic Task 

Environmental Quality Incentives Program 

Ranking Criteria Subcommittee.

Environmental Quality Incentives Program ..... Provide input to develop State ranking criteria 

and make recommendations to the State 

Technical Committee. 

State Forestry Subcommittee ............................. All programs ..................................................... Provide recommendations to the State Technical Committee on forestry conservation 

practices and payment rates to be supported in conservation programs. 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 15675 

Examples of specialized subcommittees Program or topic Task 

Conservation Easement Geographic Rate Subcommittee.Wetlands Reserve Program and Grassland 

Reserve Program.

Develop recommendations for the Geographic 

Area Rate Cap and present it to the State 

Technical Committee. 

Payment Schedule Subcommittee ..................... All cost-sharing programs ................................ Provide recommendations for practices and 

payment rates for conservation programs 

that support program objectives and State 

and local priorities. 

State Wildlife Subcommittee .............................. Wildlife Habitat Incentive Program (WHIP) ..... Provide recommendations (to the State Technical Committee) for the State WHIP plan 

that incorporates priorities of the State comprehensive wildlife action plan and similar 

plans and initiatives. 

Priority Watershed Subcommittee ...................... Chesapeake Bay Watershed Initiative ............. Recommend priority watersheds for focusing 

funding for effective use of available resources. 

501.14 Standard Operating Procedures 

for State Technical Committees 

(a) Organization and Function 

The State Conservationist will serve 

as the Chairperson of the State 

Technical Committee. 

State Technical Committees will be 

used to provide information, analysis, 

and recommendations to NRCS and 

other USDA agencies responsible for 

natural resource conservation activities 

and programs under Title XII of the 

1985 Act, as amended. 

(b) Membership 

Individuals or groups wanting to 

become a member on a State Technical 

Committee within a specific State may 

submit to the State Conservationist a 

request that explains their interest and 

outlines their credentials for becoming a 

member of the State Technical 

Committee. Decisions of the State 

Conservationist concerning membership 

on the committee are final and not 

appealable. 

The State Conservationist will 

respond to requests for State Technical 

Committee membership in writing 

within a reasonable period of time, not 

to exceed 60 days. 

State Technical Committee 

membership will be posted on the NRCS 

State Web site. 

(c) Meeting Scheduling 

The State Technical Committee 

should meet at least twice a year at a 

time and place designated by the State 

Conservationist. Other meetings may be 

held at the discretion of the State 

Conservationist. Meetings will be called 

by the State Conservationist whenever it 

is the opinion of the State 

Conservationist that there is business 

that should be brought before the 

committee for action. Any USDA 

agency, however, can make a request of 

the State Conservationist for a meeting. 

(d) Public Notification 

State Technical Committee and 

subcommittee meetings are open to the 

public. 

The State Conservationist will 

provide public notice of and allow 

public attendance at all State Technical 

Committee meetings. The State 

Conservationist will publish a meeting 

notice at least 14 calendar days prior to 

the meeting. Notification may exceed 

the 14 calendar-day minimum where 

State open meeting laws exist and 

require a longer notification period. The 

minimum 14 calendar-day notice 

requirement may be waived in the case 

of exceptional conditions, as 

determined by the State Conservationist. 

The State Conservationist will publish 

this meeting notice in one or more 

widely available newspaper(s), 

including recommended Tribal 

publications, to achieve statewide and 

Tribal notification. The meeting notice 

will also be posted to the NRCS State 

Web site. The meeting notice will 

include meeting time, location, agenda 

items, and point of contact. 

(e) Meeting Content 

The State Conservationist will prepare 

a meeting agenda and provide it to the 

committee members at least 14 calendar 

days prior to a scheduled meeting. 

Additional background materials may 

be provided before the meeting at the 

discretion of the State Conservationist. 

The minimum 14 calendar-day 

requirement may be waived in the case 

of exceptional conditions, as 

determined by the State Conservationist. 

Additional agenda items will be 

considered if submitted in writing to the 

State Conservationist at least 5 working 

days prior to the meeting. The State 

Conservationist may amend the agenda 

prior to the meeting without notice to 

the State Technical Committee, or at the 

meeting based on suggestions from 

participating members. The agenda will 

be posted to the NRCS State Web site. 

(f) Public Participation 

Individuals attending State Technical 

Committee meetings will be given the 

opportunity to address the committee 

and present their opinions and 

recommendations. While presenters are 

encouraged to provide written copies of 

their comments, they are not required to 

do so. 

State Conservationists are encouraged 

to request written comments on agenda 

items from all members of the State 

Technical Committee whether they are 

in attendance at the meeting or not. 

Subsequent to the meeting, if the State 

Conservationist determines that 

additional comments and 

recommendations are needed on 

specific topics, the State Conservationist 

will mail a request for written 

comments to all members of the State 

Technical Committee within 7 calendar 

days of the meeting. The letter will fully 

explain the nature of the request for 

information and provide at least 14 

calendar days for a response. Comments 

received will be summarized and 

presented at the next State Technical 

Committee meeting and will be directly 

posted on the NRCS State Web site. 

If time allows, opportunity to discuss 

non-agenda items will be provided at 

the end of the meeting. 

(g) Conducting Business 

The meetings will be conducted as an 

open discussion among members. 

Discussion will focus on the programs 

and activities identified in Section 

501.11(b). All recommendations will be 

considered. 

The following guidelines will govern 

meeting discussions: 

(1) The State Conservationist or his or 

her designee will lead the discussion. 

(2) Only one person may speak at a 

time. Every participant should have an 

opportunity to speak. The State 

15676 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 

Conservationist or his or her designee is 

responsible for recognizing speakers. 

(3) State Technical Committees are 

advisory in nature and all 

recommendations are considered. 

Members may be polled, but voting on 

issues is not appropriate. 

(4) The State Conservationist, in 

consultation with those members 

present, may establish time limits for 

discussion on individual agenda items. 

(5) The State Conservationist will 

defer to the next meeting those agenda 

items not covered because of time 

limits. 

(h) Record of Meetings 

Summaries for all State Technical 

Committee meetings will be available 

within 30 calendar days of the 

committee meeting and distributed to 

committee members. The summaries 

will be filed at the appropriate NRCS 

State office and posted to the NRCS 

State Web site. 

(i) Response to State Technical 

Committee Recommendations 

The State Conservationist will inform 

the State Technical Committee as to the 

decisions made in response to all State 

Technical Committee recommendations 

within 90 days. This notification will be 

made in writing to all State Technical 

Committee members and posted to the 

NRCS State Web site. 

501.15 Local Working Groups 

(a) Introduction 

Local Working Groups are composed 

of agricultural producers, owners/ 

operators of nonindustrial private forest 

land, professionals representing 

agricultural and natural resource 

interests, and individuals representing a 

variety of disciplines in the soil, water, 

wetland, plant, forestry, and wildlife 

sciences who are familiar with 

agricultural and natural resource issues 

in the local community. 

(b) Role of Local Working Groups 

Local Working Groups provide 

recommendations to the District 

Conservationist (or Designated 

Conservationist) and the State 

Conservationist on local natural 

resource priorities and criteria for 

conservation activities and programs 

listed in Section 501.11(b). 

(c) Membership 

Local Working Group membership 

should be diverse and focus on 

agricultural interests and natural 

resource issues existing in the local 

community. Membership should 

include agricultural producers 

representing the variety of crops and 

livestock and/or poultry raised within 

the local area; owners of nonindustrial 

private forest land, as appropriate; 

representatives of agricultural and 

environmental organizations; and 

representatives of governmental 

agencies carrying out agricultural and 

natural resource conservation programs 

and activities. 

To ensure that recommendations of 

the Local Working Group take into 

account the needs of diverse groups 

served by USDA, membership shall 

include, to the extent practicable, 

individuals with demonstrated ability to 

represent the conservation and related 

technical concerns of particular 

historically underserved groups and 

individuals including, but not limited 

to, the following: 

• Minorities; 

• Women; 

• Persons with disabilities; and 

• Socially and economically 

disadvantaged groups. 

Individuals or groups wanting to 

become a member of a Local Working 

Group may submit to the Local Working 

Group Chairperson and the NRCS 

District Conservationist (or Designated 

Conservationist), a request that explains 

their interest and outlines their 

credentials for becoming a member of 

the Local Working Group. The District 

Conservationist (or Designated 

Conservationist) will assist the soil and 

water conservation district in making 

decisions concerning membership of the 

group. 

(d) Local Working Groups Relationship 

to State Technical Committees 

Local Working Groups may provide 

input and recommendations to the State 

Technical Committee. 

501.16 Standard Operating Procedures 

for Local Working Groups 

(a) Organization and Function 

Local Working Groups are to provide 

recommendations on local natural 

resource priorities and criteria for USDA 

conservation activities and programs. 

Local Working Groups are normally 

chaired by the appropriate soil and 

water conservation district (SWCD). In 

the event the SWCD is not able, or does 

not choose to chair the Local Working 

Group, NRCS’ District Conservationist 

(or Designated Conservationist) will be 

responsible for those duties. 

(b) Meeting Scheduling 

The Local Working Group should 

meet at least once each year at a time 

and place designated by the Chairperson 

unless otherwise agreed to by the 

members of the Local Working Group. 

Other meetings may be held at the 

discretion of the Chairperson. Meetings 

will be called by the Chairperson 

whenever it is determined that there is 

business that should be brought before 

the Local Working Group. 

(c) Public Notification 

Local Working Group meetings are 

open to the public. Public notice of 

Local Working Group meetings should 

be provided at least 14 calendar days 

prior to the meeting. Notification will 

need to exceed the 14 calendar-day 

minimum where State open meeting 

laws exist and require a longer 

notification period. The minimum 14 

calendar-day notice requirement may be 

waived in the case of exceptional 

conditions, as determined by the 

Chairperson or NRCS District 

Conservationist (or Designated 

Conservationist). The public notice of 

Local Working Group meetings will 

include the time, place, and agenda 

items for the meeting. 

(d) Meeting Information 

Agendas and information will be 

provided to the Local Working Group 

members at least 14 calendar days prior 

to the scheduled meeting. The District 

Conservationist (or Designated 

Conservationist) will assist the Local 

Working Group Chairperson, as 

requested, in preparing meeting agendas 

and necessary background information 

for meetings. The minimum 14 

calendar-day notice requirement may be 

waived in the case of exceptional 

conditions, as determined by the 

Chairperson or NRCS District 

Conservationist (or Designated 

Conservationist). 

(e) Public Participation 

Individuals attending the Local 

Working Group meetings will be given 

the opportunity to address the Local 

Working Group. Opportunity to address 

non-agenda items will be provided if 

time allows at the end of the meeting. 

Presenters are encouraged to provide 

written records of their comments to the 

Chairperson at the time of the 

presentation but are not required to do 

so. Written comments may be accepted 

if provided to the Chairperson no later 

than 14 calendar days after a meeting. 

(f) Conducting Business 

The meetings will be conducted as an 

open discussion among members. 

Discussion will focus on identifying 

local natural resource concerns that can 

be treated using programs and activities 

identified in Section 501.11(b). All 

recommendations will be considered. 

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