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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
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 1218.40b and 1218.47m 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 05810093 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 AD755 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 05810093.
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 Councils Executive Committee met to
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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 Councils 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.

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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 Councils 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 1218BLUEBERRY
PROMOTION, RESEARCH, AND
INFORMATION
1. The authority citation for 7 CFR
part 1218 continues to read as follows:

Authority: 7 U.S.C. 74117425 and 7
U.S.C. 7401.

2. Revise the heading for part 1218 to read as set forth above.

Subpart ABlueberry 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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