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Proposed Rules
Federal Register Vol. 86, No. 138
Thursday, July 22, 2021

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.

Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406S, Stop 0244, Washington, DC
202500244; telephone: 202 7205976;
or electronic mail: Jeanette.Palmer@
usda.gov.
This proposal 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. 74117425.

SUPPLEMENTARY INFORMATION:

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 1218

Executive Orders 12866 and 13563

Document Number AMSSC210022

Blueberry Promotion, Research and Information Order; Change in Membership, Nomination Procedures and Term of Office Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

This proposal invites comments on changes in membership of the U.S. Highbush Blueberry Council Council under the Blueberry Promotion, Research and Information Order Order, by removing the firsthandler member and alternate position and adding two exporter member and alternate positions. Conforming changes would be made to the nomination procedures. In addition, the proposal would 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: Comments must be received by September 20, 2021.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. All comments must be submitted through the Federal e-rulemaking portal at http www.regulations.gov and should reference the document number and the date and page number of this issue of the Federal Register. All comments submitted in response to this proposed rule will be included in the rulemaking record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting comments will be made public on the internet at http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jeanette Palmer, Marketing Specialist, Promotion and Economics Division,
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SUMMARY:

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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. 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 will be shared during an upcoming quarterly call, and tribal leaders will be 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
This proposal has been reviewed under Executive Order 12988, Civil
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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 USDAs final ruling.
Background This proposal invites comments on changes in the Councils 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 proposed action would remove the first-handler member and alternate position and add two exporter member and alternate positions. This would help ensure that the Council reflects the distribution of domestic blueberry production and imports into the United States U.S. Conforming changes would be made to the nomination procedures.
This proposal would also allow members and alternates to remain in office until a successor is appointed.
This change would permit the Council to continue administration of the Order should appointments be delayed beyond the specified term of office. The two actions were unanimously
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