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44553

Rules and Regulations Federal Register


Vol. 71, No. 151

Monday, August 7, 2006

This section of the FEDERAL REGISTER Research, and Information Act of 1996 producers would be classified as small
contains regulatory documents having general (Act) [7 U.S.C. 7401–7425]. businesses under the criteria established
applicability and legal effect, most of which by the Small Business Administration
are keyed to and codified in the Code of Executive Order 12866
(SBA) [13 CFR 121.201]. Most importers
Federal Regulations, which is published under The Office of Management and Budget and first handlers would not be
50 titles pursuant to 44 U.S.C. 1510. has waived the review process required classified as small businesses, and,
The Code of Federal Regulations is sold by
by Executive Order 12866 for this while most exporters are large, the U.S.
the Superintendent of Documents. Prices of action. Department of Agriculture (USDA)
new books are listed in the first FEDERAL Executive Order 12988 assumes that some are small. The SBA
REGISTER issue of each week. defines small agricultural handlers as
This rule has been reviewed under those whose annual receipts are less
E.O.12988, Civil Justice Reform. The than $6.5 million, and small agricultural
DEPARTMENT OF AGRICULTURE rule is not intended to have retroactive
producers are defined as those having
effect. Section 524 of the Act provides
annual receipts of not more than
Agricultural Marketing Service that the Act shall not affect or preempt
$750,000 annually.
any other Federal or State law
This rule amends the Order to change
7 CFR Part 1218 authorizing promotion or research
the title of the U.S.A. Cultivated
relating to an agricultural commodity.
Under Section 519 of the Act, a Blueberry Council to the ‘‘U.S.
[Doc. No. FV–03–701–FR] Highbush Blueberry Council’’ (Council),
person subject to the Order may file a
petition with the Secretary of and to add one member and alternate to
Blueberry Promotion, Research, and
Agriculture (Secretary) stating that the the Council to represent the state of
Information Order; Amendment No. 2
Order, any provision of the Order, or Washington.
To Change the Name of the U.S.A.
any obligation imposed in connection The amendments are not considered
Cultivated Blueberry Council and
with the Order, is not established in to be substantial and do not
Increase Membership
accordance with the law, and may significantly impact the blueberry
AGENCY: Agricultural Marketing Service, request a modification of the Order or industry. The title change will help
USDA. an exemption from the Order. Any avoid confusion regarding the specific
ACTION: Final rule. petition filed challenging the Order, any type of blueberry and industry segment
provision of the Order, or any obligation represented by the Council. Adding a
SUMMARY: This final rule changes the imposed in connection with the Order, producer and alternate member
title of the U.S.A. Cultivated Blueberry shall be filed within two years after the representing the state of Washington
Council to the ‘‘U.S. Highbush effective date of the Order, provision, or means that four additional producers
Blueberry Council’’ (Council). The obligation subject to challenge in the are required to submit background
purpose of this change is to avoid any petition. The petitioner will have the forms to USDA in order to be
confusion in the industry regarding the opportunity for a hearing on the considered for appointment to the
specific type of blueberry and industry petition. Thereafter, the Secretary will Council. This is because two names
segment represented by the Council. issue a ruling on a petition. The Act must be submitted to the Secretary for
Additionally, this change makes the provides that the district court of the consideration for each position on the
name of the Council consistent with United States for any district in which Council. However, serving on the
industry nomenclature, and adds one the petitioner resides or conducts Council is optional. Taking into account
member and alternate to the Council to business shall have the jurisdiction to alternatives, these changes accomplish
represent the state of Washington—the review a final ruling on the petition, if the purpose of these amendments.
sixth largest highbush blueberry the petitioner files a complaint for that There are no relevant federal rules
producing state. purpose not later than 20 days after the that duplicate, overlap, or conflict with
DATES: Effective Date: September 6, date of the entry of the Secretary’s final the final rule.
2006. ruling. In accordance with the OMB
regulation [5 CFR 1320] which
FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act and implements the Paperwork Reduction
Daniel Rafael Manzoni, Research and Paperwork Reduction Act Act of 1995 [44 U.S.C. chapter 35], the
Promotion Branch, FV, AMS, USDA, background form, which represents the
In accordance with the Regulatory
Stop 0244, 1400 Independence Avenue, information collection and
Flexibility Act (RFA) [5 U.S.C. 601 et
SW., Room 2535–S, Washington, DC recordkeeping requirements imposed by
seq.], AMS has examined the economic
20250–0244, telephone (202) 720–5951, this rule, has been approved by OMB
impact of this rule on small entities. The
fax (202) 205–2800, or e-mail under OMB Number 0505–0001.
purpose of the RFA is to fit regulatory
daniel.manzoni@usda.gov. The public reporting burden for this
actions to the scale of businesses subject
SUPPLEMENTARY INFORMATION: Legal to such actions so that small businesses collection of information is estimated to
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authority. The Blueberry Promotion, will not be disproportionately average 0.5 hours per response for each
Research, and Consumer Information burdened. producer of the 4 respondents.
Order (Order) [7 CFR Part 1218] became There are approximately 2,000 The estimated annual cost of
effective on August 16, 2000 [65 FR producers, 200 first handlers, 50 providing the information by the four
43961, July 17, 2000]. It was issued importers, and 4 exporters of blueberries producers is $6.00 or $1.50 per
under the Commodity Promotion, subject to the program. Most of the producer.

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44554 Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations

This additional burden will be 7 percent of U.S. production, and the After consideration of all relevant
included in the existing information seventh highest producing state— material presented, including
collections approved for use under OMB Indiana—is expected to produce a total comments, the Council’s
Number 0505–0001. of 3 million pounds. Therefore, the recommendation, and other
Council determined that it was information, it is determined that this
Background
appropriate for Washington producers final rule is consistent with and will
During the rulemaking process to to have a member and alternate on the effectuate the purpose of the Act.
implement the Order in 2000, members Council.
of the wild blueberry industry in Maine List of Subjects in 7 CFR Part 1218
As requested by the Council, USDA
raised objections to the original name of issued a proposed rule to change the Administrative practice and
the U.S.A. Blueberry Council. While name of the U.S.A. Cultivated Blueberry procedure, Advertising, Blueberries,
USDA did not change the name at that Council and to increase membership on Consumer information, Marketing
time, the wild blueberry industry March 12, 2003 [68 FR 11756]. The agreements, Blueberry promotion,
continued to have concerns regarding deadline for comments was May 12, Reporting and recordkeeping
the generic name of the Council. 2003. requirements.
Therefore, USDA issued a proposed rule In response to the proposed rule,
to change the name of the Council to the ■ For the reasons set forth in the
USDA received five comments. A preamble, 7 CFR part 1218 is amended
U.S.A. Cultivated Blueberry Council on summary of the comments and USDA’s
September 21, 2000 [65 FR 57104]. The as follows:
responses follow. ■ 1. The authority citation for part 1218
new name became effective on August
One commenter from the wild continues to read as follows:
16, 2001, with the publication of a final
blueberry industry supported the
rule published in the Federal Register Authority: 7 U.S.C. 7401–7425.
proposals to change the name of the
on July 17, 2001 [66 FR 37117].
Subsequently, the Council was U.S.A. Cultivated Blueberry Council to PART 1218—BLUEBERRY
appointed and decided that the term the U.S. Highbush Blueberry Council PROMOTION, RESEARCH, AND
‘‘cultivated’’ in its name should be and to increase membership. However, INFORMATION
changed to ‘‘highbush’’ because the commenter objected to the term
cultivated blueberries are commonly ‘‘lowbush’’ to identify wild blueberries. Subpart A—Blueberry Promotion,
called highbush blueberries. The commenter indicated that the term Research, and Information Order
Additionally, horticultural publications ‘‘wild blueberries’’ is universally
use the nomenclature of highbush and recognized by the trade and consumer ■ 2. In § 1218.3, the words ‘‘U.S.A.
lowbush for blueberries. Using the terms markets. As this rule does not affect the Cultivated Blueberry Council’’ are
highbush and lowbush provides a wild blueberry industry, the wild removed and the words ‘‘U.S. Highbush
simple means for the consumer to blueberry industry can continue use the Blueberry Council’’ are added in their
differentiate between these two types of term wild to identify their products. place, and ‘‘USACBC’’ is removed, and
blueberries and for industry members to Accordingly, no changes to the rule are the word ‘‘Council’’ is added in its
determine whether or not they owe made as a result of this comment. place.
assessments to the Council. Four comments were received that ■ 3. Revise § 1218.23 to read as follows:
The Council voted unanimously on strongly supported the name change to
the U.S. Highbush Blueberry Council. § 1218.23 U.S. Highbush Blueberry
October 5, 2002, to change the Council’s Council.
name to the U.S. Highbush Blueberry These comments were from the
Council. At the same meeting, the Executive Director of the U.S.A. U.S. Highbush Blueberry Council or
Council voted unanimously to add one Cultivated Blueberry Council, an officer the Council means the administrative
member and alternate to the Council to of the Washington Blueberry body established pursuant to § 1218.40.
represent the state of Washington. Commission, the President of the North ■ 4. The undesignated center heading
The Council currently consists of nine American Blueberry Council, and a preceding § 1218.40 is revised to read as
producers, one importer, one exporter blueberry grower. Two of these follows:
from a foreign production area, one commenters also supported adding one
producer and alternate members from U.S. Highbush Blueberry Council
handler, and one public member. Each
member has an alternate. The nine the state of Washington to the Council. ■ 5. In § 1218.40, the introductory text
producer members are allocated as Accordingly, this final rule changes of paragraph (a) and paragraphs (a)(2)
follows: one producer member for each all references in the Blueberry and (b) are revised to read as follows:
of the top five producing states and one Promotion, Research, and Consumer
§ 1218.40 Establishment and membership.
producer member from each of the four Information Order from the U.S.A.
regions. The states of Georgia, Michigan, Cultivated Blueberry Council to the U.S. (a) Establishment of the U.S.
New Jersey, North Carolina, and Oregon Highbush Blueberry Council, and Highbush Blueberry Council. There is
currently have representation on the changes all references to the ‘‘USACBC’’ hereby established a U.S. Highbush
Council. with the ‘‘Council.’’ In addition, this Blueberry Council, hereinafter called
In recent years, highbush blueberry rule revises § 1218.40(a)(2) to specify the Council, composed of no more than
production in the state of Washington that there will be one producer member 14 members and alternates, appointed
has increased. In 2001, Washington and alternate from each of the top six by the Secretary from nominations as
represented 8 percent of U.S. (rather than five) blueberry producing follows:
production, and the estimated states. The Council will have 14 * * * * *
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production for that state in 2002 is 12.5 members and alternates as a result of (2) One producer member and
million pounds of highbush blueberries. this final rule. Therefore, a change is alternate from each of the top six
In addition, the five additional states made in § 1218.40(a) to remove the blueberry producing states, based upon
producing highbush blueberries Council member limit of 13. USDA has the average of the total tons produced
(Alabama, Arkansas, Florida, Indiana, also removed obsolete language from over the previous three years. Average
and New York) together represent only §§ 1218.40 and 1218.41. tonnage will be based upon production

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Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations 44555

and assessment figures generated by the §§ 1218.42, 1218.43, 1218.44, 1218.45, http://www.federalreserve.gov/
Council. 1218.46, 1218.47, 1218.48, 1218.50, 1218.51, generalinfo/foia/ProposedRegs.cfm.
* * * * *
1218.52, 1218.53, 1218.54, 1218.55, 1218.56, • Federal eRulemaking Portal: http://
1218.60, 1218.62, 1218.70, 1218.73, 1218.75, www.regulations.gov. Follow the
(b) Adjustment of membership. At and 1218.77 [Nomenclature Change]
instructions for submitting comments.
least once every five years, the Council ■ 7. In §§ 1218.42, 1218.43, 1218.44, • E-mail:
will review the geographical 1218.45, 1218.46, 1218.47, 1218.48, regs.comments@federalreserve.gov.
distribution of United States production 1218.50, 1218.51, 1218.52, 1218.53, Include docket number in the subject
of blueberries and the quantity of 1218.54, 1218.55, 1218.56, 1218.60, line of the message.
imports. The review will be conducted 1218.62, 1218.70, 1218.73, 1218.75, and • FAX: 202/452–3819 or 202/452–
through an audit of state crop 1218.77, ‘‘USCABC’’ is removed and the 3102.
production figures and Council word ‘‘Council’’ is added in its place. • Mail: Jennifer J. Johnson, Secretary,
assessment records. If warranted, the Dated: August 1, 2006. Board of Governors of the Federal
Council will recommend to the Lloyd C. Day, Reserve System, 20th Street and
Secretary that the membership on the Administrator, Agricultural Marketing Constitution Avenue, NW., Washington,
Council be altered to reflect any changes Service. DC 20551.
in the geographical distribution of [FR Doc. E6–12760 Filed 8–4–06; 8:45 am]
All public comments are available
domestic blueberry production and the from the Board’s Web site at http://
BILLING CODE 3410–02–P
quantity of imports. If the level of www.federalreserve.gov/generalinfo/
imports increases, importer members foia/ProposedRegs.cfm as submitted,
and alternates may be added to the unless modified for technical reasons.
FEDERAL RESERVE SYSTEM Accordingly, your comments will not be
Council.
12 CFR Part 268 edited to remove any identifying or
■ 6. Section 1218.41 is revised to read contact information. Public comments
as follows: [Docket No. OP–1264] may also be viewed electronically or in
§ 1218.41 Nominations and appointments. paper in Room MP–500 of the Board’s
Rules Regarding Equal Opportunity Martin Building (20th and C Streets,
(a) Voting for regional and state AGENCY: Board of Governors of the NW.) between 9 a.m. and 5 p.m. on
representatives will be made by mail Federal Reserve System. weekdays.
ballot.
ACTION: Interim rule with request for FOR FURTHER INFORMATION CONTACT:
(b) When a state has a state blueberry comments. Alicia S. Foster, Senior Counsel (202–
commission or marketing order in place, 452–5289), Legal Division, Board of
the state commission or committee will SUMMARY: The Board of Governors of the Governors of the Federal Reserve
nominate members to serve on the Federal Reserve System (the Board) is System, 20th Street and Constitution
Council. At least two nominees shall be soliciting comments on a new interim Avenue, NW., Washington, DC 20551.
submitted to the Secretary for each rule that would amend the section of its For users of Telecommunications
member and each alternate. Rules Regarding Equal Opportunity Device for the Deaf (‘‘TDD’’) only,
(c) Nomination and election of (EEO Rules) which governs the contact 202/263–4869.
regional and state representatives where employment of persons who are not SUPPLEMENTARY INFORMATION: The Board
no commission or order is in place will United States citizens consistent with proposes to amend § 268.205 of its Rules
be handled by the Council staff. The the Board’s requirements for the Regarding Equal Opportunity (12 CFR
Council staff will seek nominations for security of its information. The 268.205), governing the employment of
amendment revises an earlier interim persons who are not United States
members and alternates from the
rule that clarified the limitations on citizens in accordance with the Board’s
specific states and/or regions.
access to sensitive information by non- security requirements. The amendments
Nominations will be returned to the
citizen employees to Federal Open are effective immediately, subject to
Council office and placed on a ballot
Market Committee (FOMC) information. revision based on public comment.
which will then be sent to producers in
The amendment, which concerns the On November 7, 2005, by an
the state and/or region for a vote. The
internal management of the Board, is immediately effective interim rule, the
final nominee for member will have
issued as an immediately effective Board amended § 268.205 to permit the
received the highest number of votes
interim rule, with opportunity for Board to hire certain Non-Citizens into
cast. The person with the second public comment, to ensure that hiring
highest number of votes cast will be the positions requiring access to
decisions facing the Board can be made information of the Federal Open Market
final nominee for alternate. The persons as soon as possible.
with the third and fourth highest Committee (FOMC), subject to certain
DATES: Effective Date: This interim rule conditions and a preference for U.S.
number of votes cast will be designated
as additional nominees for is effective August 7, 2006. citizens over equally qualified non-
consideration by the Secretary. Applicability Date: This interim rule citizens. The Board received no
is applicable to all decisions on access comments on the November 2005
(d) Nominations for the importer, to Sensitive Information of the Board as interim rule. After the Board published
exporter, first handler, and public of August 7, 2006. the November 2005 interim rule and
member positions will be made by the Comment Date: Submit comments on before the Board published the rule in
Council. Two nominees for each or before October 6, 2006. final form, however, it became apparent
member and each alternate position will
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ADDRESSES: You may submit comments, that the hiring needs that exist with
be submitted to the Secretary for identified by Docket No. OP–1264, by respect to FOMC Information that
consideration. any of the following methods: prompted the need to change the rules
(e) From the nominations, the • Agency Web Site: http:// also exist with respect to Confidential
Secretary shall select the members and www.federalreserve.gov. Follow the Supervisory Information, a second
alternate members of the Council. instructions for submitting comments at category of Sensitive Information.

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