Voglio sapere a riguardo di…

72779

Rules and Regulations
Federal Register Vol. 86, No. 244
Thursday, December 23, 2021

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.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 1218
Document Number AMSSC210022

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

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.
SUMMARY:

jspears on DSK121TN23PROD with RULES1

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 7205976; 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. 74117425.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
VerDate Sep<11>2014

19:16 Dec 22, 2021

Jkt 256001

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.

PO 00000

Frm 00001

Fmt 4700

Sfmt 4700

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 final rule changes 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 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 1218.40a 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.

E:FRFM23DER1.SGM

23DER1