Blueberry Promotion, Research and Information Order; Change in Membership, Nomination Procedures, and Term of Office

CourtAgricultural Marketing Service
Citation86 FR 72779
Publication Date23 December 2021
Record Number2021-27572
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.
Rules and Regulations Federal Register
72779
Vol. 86, No. 244
Thursday, December 23, 2021
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1218
[Document Number AMS–SC–21–0022]
Blueberry Promotion, Research and
Information Order; Change in
Membership, Nomination Procedures,
and Term of Office
AGENCY
: Agricultural Marketing Service,
Department of Agriculture (USDA).
ACTION
: Final rule.
SUMMARY
: This rule changes the
membership of the U.S. Highbush
Blueberry Council (Council) under the
Blueberry Promotion, Research and
Information Order (Order), by removing
the first handler member and alternate
position and adding two exporter
member and alternate positions.
Conforming changes will be made to the
nomination procedures. In addition, this
rule will allow members and alternates
to remain in office until a successor is
appointed. The Council administers the
Order with oversight by the U.S.
Department of Agriculture (USDA).
DATES
: Effective date: December 27,
2021.
FOR FURTHER INFORMATION CONTACT
:
Jeanette Palmer, Marketing Specialist,
Mid Atlantic Branch, Market
Development Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, Room 1406–
S, Stop 0244, Washington, DC 20250–
0244; Telephone: (202) 720–5976; or
Email: Jeanette.Palmer@usda.gov.
SUPPLEMENTARY INFORMATION
: This final
rule is issued under the Order (7 CFR
part 1218). The Order is authorized
under the Commodity Promotion,
Research, and Information Act of 1996
(1996 Act) (7 U.S.C. 7411–7425).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules and promoting
flexibility. This action falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review.
Executive Order 13175
This action has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The Agricultural
Marketing Service (AMS) has assessed
the impact of this proposed rule on
Indian tribes and determined that this
rule would not have tribal implications
that require consultation under
Executive Order 13175. AMS hosts a
quarterly teleconference with tribal
leaders where matters of mutual interest
regarding the marketing of agricultural
products are discussed. Information
about the proposed changes to the
regulations was shared during a
quarterly call, and tribal leaders were
informed about the proposed revisions
to the regulation and the opportunity to
submit comments. AMS will work with
the USDA Office of Tribal Relations to
ensure meaningful consultation is
provided as needed with regards to this
change to the Order.
Executive Order 12988
In addition, this final 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 (7 U.S.C. 7423) provides
that it 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 (7
U.S.C. 7418), a person subject to an
order may file a written petition with
USDA 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, and 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, USDA 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 the entry of USDA’s final ruling.
Background
This final rule changes the Council’s
membership under the Order. The
Council administers the Order with
oversight by USDA. Under the program,
assessments are collected from domestic
producers and importers and used for
research and promotion projects
designed to increase the demand for
highbush blueberries. This final rule
will remove the first handler member
and alternate position and add two
exporter members and alternate
positions. This will help ensure that the
Council reflects the distribution of
domestic blueberry production and
imports into the United States (U.S.)
Conforming changes will be made to the
nomination procedures. This rule will
also allow members and alternates to
remain in office until a successor is
appointed. This change will permit the
Council to continue administration of
the Order should appointments be
delayed beyond the specified term of
office. The two actions were
unanimously recommended by the
Council at its meetings on November 18,
2020, and June 9, 2021.
Change in Membership
Section 1218.40(a) of the Order
currently specifies that the Council be
comprised of no more than 20 members
and alternates appointed by the
Secretary of Agriculture (Secretary).
Twelve of the 20 members and
alternates are producers. One producer
member and alternate are from each of
the following regions within the U.S.:
Region #1 Western Region; Region #2
Midwest Region; Region #3 Northeast
Region; and Region #4 Southern Region.
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One producer member and alternate are
from each of the top eight blueberry
producing states, based upon the
average of the total tons produced over
the previous three years. Currently,
these states include California, Florida,
Georgia, Michigan, New Jersey, North
Carolina, Oregon, and Washington.
Of the remaining eight Council
members and alternates, four members
and alternates are importers. Two
members and alternates must be an
exporter, defined in § 1218.40(a)(4) as a
blueberry producer currently shipping
blueberries into the U.S. from the two
largest foreign blueberry production
areas, based on a three-year average
(currently Chile and Canada). One
member and alternate must be a first
handler, defined in § 1218.40(a)(5) as a
U.S. based independent or cooperative
organization which is a producer/
shipper of domestic blueberries. Finally,
the Order provides that one member and
alternate must represent the public. The
public member representation on
research and promotion boards is
optional as provided for in the 1996 Act.
Section 1218.40(b) of the Order
specifies that, at least once every five
years, the Council will review the
geographical distribution of the
production of blueberries in the United
States and the quantity of imports. The
review is conducted through an audit of
state crop production figures and
Council assessment records. If
warranted, the Council will recommend
to the Secretary that its membership be
altered to reflect changes in the
geographical distribution of domestic
blueberry production and the quantity
of imports.
The Council met on November 18,
2020, and then again on June 9, 2021,
to review domestic production data,
import data, and assessment data for the
past three years (2017–2019). This data
is summarized in Table 1 below:
T
ABLE
1—U.S.
AND
I
MPORT
Q
UANTITIES AND
A
SSESSMENT
D
ATA
Year
U.S. crop-
utilized
production
1
(1,000 lbs)
Imports
(1,000 lbs)
2
Domestic
(U.S.)
assessments
3
Import
assessments
3
2017 ................................................................................................................. 512,740 398,190 $3,968,438 $3,577,559
2018 ................................................................................................................. 562,300 473,073 4,263,177 4,229,333
2019 ................................................................................................................. 673,050 579,181 5,172,055 5,040,722
3-year average ................................................................................................. 582,697 483,481 4,467,890 4,282,538
Sources:
1
National Agricultural Statistics Service (NASS);
2
U.S. Customs and Border Protection;
3
Council Financial Audit Records 2019–
2020.
As shown in Table 1, the quantity of
imported blueberries, as well as import assessments collected, has increased in
recent years.
In that time, there has been a
substantial increase of imported product
From both Peru and Mexico, with Peru
exports into the U.S. surpassing Canada
in 2019, as shown in Table 2.
T
ABLE
2—Q
UANTITY OF
B
LUEBERRIES FROM
F
OREIGN
P
RODUCTION
A
REAS
Foreign blueberry production areas shipping into the United States
Quantity
(1,000 lbs)
2017 2018 2019
3-year
average
Chile ................................................................................................................. 162,932 181,951 164,872 169,918
Canada ............................................................................................................ 111,979 110,755 142,425 121,720
Peru ................................................................................................................. 41,516 82,273 154,288 92,692
Mexico .............................................................................................................. 54,212 72,537 93,840 73,530
Argentina .......................................................................................................... 26,099 23,581 22,130 23,937
All Other Countries .......................................................................................... 1,451 1,976 1,627 1,685
Source: U.S. Customs and Border Protection.
In 2015, the Council, after reviewing
import and domestic production and
assessment data, recommended changes
to the membership; one such change
included adding an additional exporter
seat. At that time, data indicated
considerable increased imports from
Chile. The addition of the second
exporter member allowed exporters
from both Chile and Canada, the two
countries shipping the greatest volume
of blueberries into the U.S., to be
represented on the Council. The Council
took a similar approach when reviewing
and recommending this recent change
in membership. It recognized the
significant volume of imports from Peru
and Mexico, discussing the need to add
representatives from those production
areas to the Council. Given the decision
to try to maintain its current size and
based on the data reviewed, it
concluded it was important to have
foreign producer representation similar
to the structure of the state producer
representation. Therefore, it
recommended the addition of two
exporter members. Four exporter
member positions will provide the four
largest foreign producing areas
importing into the U.S., which
represents ninety-five percent of the
total volume of blueberries imported
into the U.S., a voice on the Council.
This will realign the Council’s
membership to better reflect the
distribution of domestic production and
the quantity of imports into the U.S.
The Council conducts nominations
two out of every three years. The
Council is currently conducting
nominations for seven member and
alternate positions (year-one cycle)
whose three-year term of office begins
January 1, 2022, ending December 31,
2024. These include the four regional
producer members, one exporter
member, one importer member, the
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1
Noncitrus Fruits and Nuts 2019 Summary.
public member, and respective
alternates. The Council will conduct
nominations in 2022 for 13 member and
alternate positions (year-two cycle)
whose three-year term of office begins
January 1, 2023, ending December 31,
2025. This will include one member
from each of the top eight producing
states, three importer members, one
exporter member, the first handler
member, and respective alternates. To
help ensure a smooth transition, while
aligning with the Council’s nomination
schedule, the term of office for the
recommended additional exporter
member positions will begin January 1,
2023. Therefore, solicitation for the two
additional exporter position nominees
will be included in the nominations
scheduled to be conducted in 2022.
Since the first handler member position
is being removed, nominations for this
position will not be conducted during
the 2022 solicitation period. The first
handler member and alternate member
positions will terminate December 31,
2022.
USDA has recommended that the
initial term of office for the two
additional exporter positions will be
two years, instead of the prescribed
three-year term of office for all Council
member and alternate positions. The
additional two exporter member and
alternate term of office will begin
January 1, 2023, ending December 31,
2024. As noted above, the Council
conducts nominations two out of every
three years, with seven positions to be
filled in year-one, and thirteen in year-
two. With including the nominations for
the exporter positions in the year-two
cycle, total positions to be filled will be
14 of the 21-member Council. Having an
initial two-year term will align these
two additional exporter positions with
the year-one nomination cycle,
reestablishing the distribution between
the two nomination cycles. Year-one
nomination cycle will include
solicitation for nine positions: four
regional producer member positions,
one importer member position, three
exporter member positions, one public
member position, and respective
alternates. The year-two nomination
cycle will include solicitation for 12
positions: one member from each of the
top eight producing states, three
importer members, one exporter
member, and respective alternates.
The 2022, 20-member Council would
consist of one producer member from
each of the four regions (Western,
Midwest, Northeast, Southern), one
producer member from each of the top
eight producing states, four importer
members, two exporter members, first
handler member, public member, and
respective alternates.
The 2023 and subsequent 21-member
Council will consist of one producer
member from each of the four regions
(Western, Midwest, Northeast,
Southern), one producer member from
each of the top eight producing states,
four importer members, four exporter
members, one public member, and
respective alternates. The provisions at
7 CFR 1218.40 will be revised
accordingly.
Nomination Procedures
Section 1218.41 establishes the
procedures for nominations to obtain
Council nominees for appointment by
the Secretary. Section 1218.41(c)
provides for the nomination process for
importer, exporter, first handler, and
public member and alternate positions.
Section 1218.41(d) requires producer,
handlers, and importer nominees to be
compliant with the Order provisions
regarding payment of assessments and
filing of reports. With the proposed
removal of the first handler position,
references to first handler member will
be removed from these sections.
Term of Office
Section 1218.42 provides that Council
nominations and appointments will take
place in two out of every three years,
with each term of office ending on
December 31, and new terms of office
beginning January 1. The Council
recommended allowing members and
their alternates to remain in office until
a successor is appointed. Currently, if
successors are not appointed by the
January 1 date, those positions remain
vacant until the successors are named.
The Order requires a minimum of 11
members to hold a Council meeting. For
the nomination year with 12 positions
expiring, if not appointed by the January
1 start date, the Council will be unable
to meet until such appointments were
made. This could cause a lapse in the
Council’s ability to properly administer
the provisions of the Order. Allowing
members to serve until their successor
is appointed will allow the Council to
continue administration should
appointments be delayed beyond the
specified term of office. This change is
similar to authority provided for in
other research and promotion orders.
Final Regulatory Flexibility Act
Analysis
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), AMS is required to examine the
impact of the final rule on small
entities. Accordingly, AMS has
considered the economic impact of this
action on such entities.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions so
that small businesses will not be
disproportionately burdened. The Small
Business Administration defines, in 13
CFR part 121, small agricultural
producers as those having annual
receipts of no more than $1,000,000 and
small agricultural service firms (first
handlers and importers) as those having
annual receipts of no more than $30
million.
There are approximately 1,547
domestic producers, 71 first handlers
and 271 importers of highbush
blueberries covered under the program.
Dividing the highbush blueberry crop
value for 2019, $919 million,
1
by the
number of producers (1,547) yields an
average annual producer revenue
estimate of $594,053. It is estimated that
in 2019, about 99 percent of the first
handlers shipped under $30 million
worth of highbush blueberries. Based on
2019 U.S. Border and Customs
(Customs) data, it is estimated that over
99 percent of the importers shipped
under $30 million worth of highbush
blueberries. Based on the foregoing, the
majority of producers, first handlers and
importers may be classified as small
entities. We do not have information
concerning the number of exporters and
their size.
Regarding value of the commodity, as
mentioned above, based on 2019 NASS
data, the value of the domestic highbush
blueberry crop was about $919 million.
According to Customs data, the value of
2019 imports was about $1.04 billion.
It is not anticipated that this action
will impose additional costs on industry
members. Eligible producers, importers
and exporters interested in serving on
the Council will have to complete a
background questionnaire. Those
requirements are addressed later in this
rule.
This rule is revising §§ 1218.40,
1218.41, and 1218.42 of the Order
regarding Council membership,
nominations, and term of office,
respectively. The Council administers
the Order with oversight by USDA.
Under the program, assessments are
collected from domestic producers and
importers and used for research and
promotion projects designed to increase
the demand for highbush blueberries.
This rule will remove the first handler
and alternate position and add two
exporter member and alternate
positions. This will help ensure that the
Council reflects the distribution of
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domestic blueberry production and
imports into the U.S. Conforming
changes will be made to the nomination
procedures. This rule will also allow
members and alternates to remain in
office until a successor is appointed.
This change will allow the Council to
continue administration of the Order
should appointments be delayed beyond
the specified term of office. Authority
for this action is provided in
§§ 1218.40(b) and 1218.47(m) of the
Order and section 7414 of the 1996 Act.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
and recordkeeping requirements that are
imposed by the Order have been
approved previously under OMB
control number 0581–0093 and 0505–
0001. Eligible producers, importers,
exporters, first handler and public
member interested in serving on the
Council are required to complete a
background questionnaire (Form AD–
755) to verify their eligibility. Adding an
exporter member and alternate member
to the Council will require four
additional exporters to submit
background questionnaire (AD–755) to
USDA, once every three years, in order
to be considered for appointment to the
Council. The Secretary requires two
names to be submitted for each open
seat on the Council. The public
reporting burden is estimated to
increase the total burden hours by less
than one hour. This additional burden
will be included in the existing
information collection approved for use
under OMB control number 0581–0093.
In addition, serving on the Council is
optional, and the burden of submitting
the background questionnaire will be
offset by the benefits of additional
representation on the Council.
The previously approved background
questionnaire will be revised
eliminating the first handler section. It
will impose an increase of the total
reporting and recordkeeping burden
hours by less than one hour on
blueberry producers, importers, or
exporters.
As with all Federal promotion
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this proposed rule.
Regarding alternatives, the Council
has been discussing its membership and
potential changes to reflect the
distribution of domestic production and
imports for the past few years. The
Council’s Executive Committee met to
formulate and consider various options.
One option was to replace two of the
four regional producer positions, with
the exporter positions, reallocating the
two regions as East and West, with one
position for each region. Another option
considered was to eliminate the first
handler and public member positions;
reallocate the regions to East and West,
with one position for each region; and
add two importer positions and two
exporter positions. The Council also
considered maintaining the status quo.
It concluded, upon reviewing the
domestic production and import
statistics, that it was important to have
foreign producer representation from
the top four countries importing
highbush blueberries into the U.S.
represented on the Council. Thus, the
Council recommended revising the
Order to remove the first handler and
alternate position and add two exporter
member and alternate positions.
Regarding outreach efforts, this action
was discussed by the Council at
meetings in October 2018, as well as by
the Council and committees in 2019 and
2020. The Council met in November
2020 and in June 2021 and unanimously
made its recommendation. All of the
Council’s meetings are open to the
public and interested persons are
invited to participate and express their
views.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities or citizen access
to Government information and
services, and for other purposes.
USDA has determined that this rule is
consistent with and would effectuate
the purpose of the 1996 Act.
A proposed rule concerning this
action was published in the Federal
Register on July 22, 2021 (86 FR 38590).
A 60-day comment period ending
September 20, 2021, was provided to
allow interested person to respond to
the proposal. The proposal was made
available through the internet by USDA
and the Office of the Federal Register.
One comment was received, but it did
not pertain to this proposal.
Accordingly, no changes were made to
the rule as proposed, based on the
comments received.
After consideration of all relevant
material presented, including the
information and recommendations
submitted by the Board, the comments
received, and other available
information, it is hereby found that this
rule, as hereinafter set forth, is
consistent with and will effectuate the
purposes of the 1996 Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined that good cause
exists for not postponing the effective
date of this rule until one day after
publication in the Federal Register
because the Council begins their 2022
nomination process in December of
2021. This will allow for the two new
exporter seats created by this regulation
to be filled in the 2022 nomination cycle
and be seated in January 2023. In
addition, soliciting nominees for these
two new exporter seats will realign the
Council’s membership to better reflect
the distribution of domestic production
and the quantity of imports into the U.S.
List of Subjects in 7 CFR Part 1218
Administrative practice and
procedure, Advertising, Agricultural
research, Blueberries, Consumer
protection, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 1218 as
follows:
PART 1218—BLUEBERRY
PROMOTION, RESEARCH, AND
INFORMATION
1. The authority citation for 7 CFR
part 1218 continues to read as follows:
Authority: 7 U.S.C. 7411–7425 and 7
U.S.C. 7401.
2. Revise the heading for part 1218 to
read as set forth above.
Subpart A—Blueberry Promotion,
Research, and Information Order
3. Revise § 1218.13 to read as follows:
§ 1218.13 Part and subpart.
The Blueberry Promotion, Research,
and Information Order and all rules,
regulations, and supplemental orders
issued pursuant to the Act and the
Order comprise this part. The Order is
this subpart.
4. In § 1218.40, paragraph (a) is
revised to read as follows:
§ 1218.40 Establishment and membership.
(a) Establishment of the U.S.
Highbush Blueberry Council. There is
hereby established a U.S. Highbush
Blueberry Council, hereinafter called
the Council, shall be comprised of no
more than 20 members and alternates
for the 2022 Council, and comprised of
no more than 21 members and alternates
for the 2023 Council and each
subsequent Council, appointed by the
Secretary from nominations as follows:
(1) The 2022 Council shall be
comprised of:
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(i) One producer member and
alternate from each of the following
regions:
(A) Region #1 Western Region (all
states from the Pacific east to the
Rockies): Alaska, Arizona, California,
Colorado, Hawaii, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming.
(B) Region #2 Midwest Region (all
states east of the Rockies to the Great
Lakes and south to the Kansas/Missouri/
Kentucky state line): Illinois, Indiana,
Iowa, Kansas, Kentucky, Michigan,
Minnesota, Missouri, Nebraska, North
Dakota, Ohio, South Dakota, and
Wisconsin.
(C) Region #3 Northeast Region (all
states east of the Great Lakes and North
of the North Carolina/Tennessee state
line): Connecticut, Delaware, New York,
Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, Pennsylvania,
Rhode Island, Virginia, Vermont,
Washington, DC, and West Virginia.
(D) Region #4 Southern Region (all
states south of the Virginia/Kentucky/
Missouri/Kansas state line and east of
the Rockies): Alabama, Arkansas,
Florida, Georgia, Louisiana, Mississippi,
North Carolina, Oklahoma, Puerto Rico,
South Carolina, Tennessee, and Texas.
(ii) One producer member and
alternate from each of the top eight
blueberry producing states, based on the
average of the total tons produced over
the previous three years. Average
tonnage will be based upon production
and assessment figures generated by the
Council.
(iii) Four importers and alternates.
(iv) Two exporters and alternates will
be filled by foreign blueberry producers
currently shipping blueberries into the
United States from the two largest
foreign blueberry production areas,
respectively, based on a three-year
average.
(v) One first handler member and
alternate shall be filled by a United
States based independent or cooperative
organization which is a producer/
shipper of domestic blueberries.
(vi) One public member and alternate.
The public member and alternate public
member may not be a blueberry
producer, handler, importer, exporter,
or have a financial interest in the
production, sales, marketing or
distribution of blueberries.
(2) The 2023 and subsequent Council
shall be composed of:
(i) One producer member and
alternate from each of the following
regions:
(A) Region #1 Western Region (all
states from the Pacific east to the
Rockies): Alaska, Arizona, California,
Colorado, Hawaii, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming.
(B) Region #2 Midwest Region (all
states east of the Rockies to the Great
Lakes and south to the Kansas/Missouri/
Kentucky state line): Illinois, Indiana,
Iowa, Kansas, Kentucky, Michigan,
Minnesota, Missouri, Nebraska, North
Dakota, Ohio, South Dakota, and
Wisconsin.
(C) Region #3 Northeast Region (all
states east of the Great Lakes and North
of the North Carolina/Tennessee state
line): Connecticut, Delaware, New York,
Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, Pennsylvania,
Rhode Island, Virginia, Vermont,
Washington, DC, and West Virginia.
(D) Region #4 Southern Region (all
states south of the Virginia/Kentucky/
Missouri/Kansas state line and east of
the Rockies): Alabama, Arkansas,
Florida, Georgia, Louisiana, Mississippi,
North Carolina, Oklahoma, Puerto Rico,
South Carolina, Tennessee, and Texas.
(ii) One producer member and
alternate from each of the top eight
blueberry producing states, based on the
average of the total tons produced over
the previous three years. Average
tonnage will be based upon production
and assessment figures generated by the
Council.
(iii) Four importers and alternates.
(iv) Four exporters and alternates will
be filled by foreign blueberry producers
currently shipping blueberries into the
United States from the four largest
foreign blueberry production areas,
respectively, based on a three-year
average.
(v) One public member and alternate.
The public member and alternate public
member may not be a blueberry
producer, handler, importer, exporter,
or have a financial interest in the
production, sales, marketing or
distribution of blueberries.
* * * * *
5. In § 1218.41, paragraphs (c) and (d)
are revised to read as follows:
§ 1218.41 Nominations and appointments.
* * * * *
(c) Importer, exporter, and public
members. Nominations for the importer,
exporter, and public member positions
will be made by the Council. Two
nominees for each member and each
alternate position will be recommended
to the Secretary for consideration. Other
qualified persons interested in serving
in these positions but not recommended
by the Council will be designated by the
Council as additional nominees for
consideration by the Secretary.
(d) Producers and importers. Producer
and importer nominees must be in
compliance with the Order’s provisions
regarding payment of assessments and
filing of reports. Further, producers and
importers must produce or import,
respectively, 2,000 pounds or more of
highbush blueberries annually.
* * * * *
6. Section 1218.42 is revised to read
as follows:
§ 1218.42 Term of office.
Council members and alternates will
serve for a term of three years and be
able to serve a maximum of two
consecutive terms. A Council member
may serve as an alternate during the
years the member is ineligible for a
member position. When the Council is
first established, the state
representatives, first handler member,
and their respective alternates will be
assigned initial terms of three years.
Regional representatives, the importer
member, the exporter member, public
member, and their alternates will serve
an initial term of two years. Thereafter,
each of these positions will carry a full
three-year term. Council nominations
and appointments will take place in two
out of every three years. Each term of
office will end on December 31, with
new terms of office beginning on
January 1. Council members and
alternates shall serve during the term of
office for which they have been
appointed and qualified, and until their
successors are appointed.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2021–27572 Filed 12–22–21; 8:45 am]
BILLING CODE P
FEDERAL ELECTION COMMISSION
11 CFR Parts 1, 104, and 110
[Notice 2021–12]
Technical Corrections
AGENCY
: Federal Election Commission.
ACTION
: Correcting amendments.
SUMMARY
: The Commission is making
technical corrections to various sections
of its regulations.
DATES
: Effective December 23, 2021.
FOR FURTHER INFORMATION CONTACT
: Ms.
Terrell D. Stansbury, Paralegal,
tstansbury@fec.gov, (202) 694–1650 or
(800) 424–9530.
SUPPLEMENTARY INFORMATION
:
Background
The existing rules that are the subject
of these corrections are part of the
continuing series of regulations that the
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