[Federal Register Volume 65, Number 184 (Thursday, September 21, 2000)]
[Proposed Rules]
[Pages 57104-57106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24219]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 65, No. 184 / Thursday, September 21, 2000 / 
Proposed Rules  

[[Page 57104]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1218

[FV-00-706-PR]


Blueberry Promotion, Research, and Information Order; Amendment 
No. 1 to Revise the Name of the Program

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: The purpose of this rule is to seek comments on changing the 
title of the Blueberry Promotion, Research, and Information Order to 
the ``Promotion, Research, and Information Order for Cultivated 
Blueberries'' and the title for the U.S.A. Blueberry Council (USABC) to 
the ``U.S.A. Cultivated Blueberry Council (USACBC).'' In addition, this 
rule would change every reference to blueberries in the Order to 
``cultivated blueberries.'' The purpose of these changes is to help 
avoid confusion in the industry regarding the types of blueberries 
covered by the program.

DATES: Comments must be received by November 20, 2000.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule to: Docket Clerk, Research and Promotion 
Branch, Fruit and Vegetable Programs (FV), Agricultural Marketing 
Service (AMS), USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, 
S.W., Washington, D.C. 20250-0244. Comments should be submitted in 
triplicate and will be made available for public inspection at the 
above address during regular business hours. Comments may also be 
submitted electronically to: [email protected]. All comments 
should reference the docket number and the date and page number of this 
issue of the Federal Register. A copy of this rule may be found at: 
www.ams.usda.gov/fv/rpdocketlist.htm.

FOR FURTHER INFORMATION CONTACT: Margaret B. Irby, Research and 
Promotion Branch, FV, AMS, USDA, Stop 0244, 1400 Independence Avenue, 
S.W., Room 2535-S, Washington, D.C. 20250-0244; telephone (202) 720-
5057, fax (202) 205-2800, or e-mail [email protected].

SUPPLEMENTARY INFORMATION:
    Legal authority. The Blueberry Promotion, Research, and Consumer 
Information Order (Order) [7 CFR Part 1218] became effective on August 
16, 2000 [65 FR 43961, July 17, 2000]. It was issued under the 
Commodity Promotion, Research, and Information Act of 1996 (Act) [7 
U.S.C. 7401-7425].

Question and Answer Overview

Why Does the U.S. Department of Agriculture (USDA or the Department) 
Want to Change the Name of the Program and the USABC?

    USDA has become aware of confusion in parts of the industry over 
which type of blueberries will be covered by the program. Changing the 
title of the program, the title of the USABC, and references to 
blueberries in the Order to ``cultivated blueberries'' will help 
eliminate this confusion, while keeping all other provisions of the 
program the same.

Will USDA Consider Other Names?

    Yes. USDA will consider other names as long as they meet the goal 
of alleviating the potential for confusion.

Will Anything Else Change About the Program?

    No. The program as published on July 17, 2000 in the Federal 
Register remains the same.

Will this Proposed Rule Delay the Appointment of the USABC or the 
Beginning of the Collection of Assessments Under the Program?

    No. The appointment process will begin soon after the Order becomes 
effective, and assessments will begin on January 1, 2001.

Executive Orders 12866 and 12988

    This rule has been determined ``not significant'' for purposes of 
Executive Order (E.O.) 12866 and, therefore, has not been reviewed by 
the Office of Management and Budget (OMB).
    In addition, this rule has been reviewed under E.O.12988, Civil 
Justice Reform. The rule is not intended to have retroactive effect. 
Section 524 of the Act provides that the Act 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 Act, a person subject to the Order may 
file a petition with the Secretary of Agriculture (Secretary) stating 
that the Order, any provision of the Order, or any obligation imposed 
in connection with the Order, is not established in accordance with the 
law, and requesting a modification of the Order or an exemption from 
the Order. Any petition filed challenging the Order, any provision of 
the Order, or any obligation imposed in connection with the Order, 
shall be filed within two years after the effective date of the Order, 
provision, or obligation subject to challenge in the petition. The 
petitioner will have the opportunity for a hearing on the petition. 
Thereafter, the Secretary will issue a ruling on a petition. The 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 the Secretary's final ruling.

Regulatory Flexibility Act and Paperwork Reduction Act

    In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 
601 et seq.], the Agency is required to examine the impact of the 
proposed rule on small 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. AMS 
has examined the impact of this proposed rule on small entities.
    There are approximately 2,000 producers, 200 first handlers, 50 
importers, and 4 exporters of blueberries subject to the program. Most 
of the producers would be classified as small businesses under the 
criteria established by the Small Business Administration (SBA) [13 CFR 
121.201]. Most importers and first handlers would not be classified as 
small businesses, and while most exporters are large, we assume that 
some are small. The SBA defines small agricultural handlers as those 
whose

[[Page 57105]]

annual receipts are less than $5 million, and small agricultural 
producers are defined as those having annual receipts of not more than 
$500,000 annually.
    This proposed amendment to the Order is being issued as a result of 
comments received during the initial comment period on the first 
proposed rule. Comments were received in favor of and against changing 
the name of the proposed blueberry program. After further analysis, we 
are proposing a change to the name of the program to clarify that the 
program is for the promotion of cultivated blueberries. The goal of 
this action is to eliminate confusion among industry members and 
consumers.
    The Act authorizes generic programs of promotion, research, and 
information for agricultural commodities. Congress found that it is in 
the national public interest and vital to the welfare of the 
agricultural economy of the United States to maintain and expand 
existing markets and develop new markets and uses for agricultural 
commodities through industry-funded, government-supervised, generic 
commodity promotion programs.
    This rule is intended to amend the Order to revise the name of the 
program and change references to blueberries in the Order to 
``cultivated blueberries.'' All other provisions of the Order as 
published on July 17, 2000, in the Federal Register [65 FR 43961] will 
remain the same. The amendment is not considered a substantial change 
that will impact the cultivated blueberry industry.
    The proposed amendment to the Order would not impose additional 
recordkeeping requirements on first handlers, producers, or importers 
or exporters of cultivated blueberries. Therefore, recordkeeping and 
reporting requirements for the promotion, research, and information 
program for cultivated blueberries would remain unchanged by the 
proposed amendment.
    There are no relevant federal rules that duplicate, overlap, or 
conflict with the proposed rule.
    We have performed this Initial Regulatory Flexibility Analysis 
regarding the impact of this proposed amendment to the Order on small 
entities, and we invite comments concerning potential effects of the 
proposed amendment.

Background

    Under the Order, the USABC will begin collecting assessments on 
domestic and imported cultivated blueberries in 2001. The funds will be 
used to expand markets for cultivated blueberries in the United States 
and abroad. The USABC, which will be appointed by the Secretary of 
Agriculture (Secretary), will operate under the supervision of the 
USDA's Agricultural Marketing Service (AMS).
    Although the Order states that the program covers only cultivated 
blueberries and not native blueberries, there has been some confusion 
in parts of the industry because the title of the program and the name 
of the Council do not specifically reference cultivated blueberries.
    Two comments were received regarding this issue and summarized in 
the February 15, 2000, proposed rule [65 FR 7657] which contains an 
analysis of comments on the national research and promotion program for 
blueberries. The commenters requested that, throughout the proposal and 
in the Council's title, the term ``blueberry'' be changed to 
``cultivated blueberry.'' The commenters stated that the generic use of 
the term ``blueberry'' was misleading as to the specific type of 
blueberry and industry segment represented by the proposed Council. The 
commenters noted that the wild blueberry industry promotes its product 
as unique from the cultivated blueberry. Though this request for a name 
change was originally not accepted by USDA, it has come to our 
attention that such a name change could help to avoid confusion in the 
industry regarding the types of blueberries covered by the program. 
Therefore, USDA is proposing that the official title of the program be 
changed to the ``Promotion, Research and Information Order for 
Cultivated Blueberries'' and that the title for the USABC be changed to 
the ``U.S.A. Cultivated Blueberry Council.'' In addition, this rule 
would change all references to ``blueberries'' in the Order to 
``cultivated blueberries.''
    We welcome written comments on the proposed changes.

List of Subjects in 7 CFR Part 1218

    Administrative practice and procedure, Advertising, Blueberries, 
Consumer information, Marketing agreements, Blueberry promotion, 
Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, we are proposing to 
amend chapter XI of title 7 of the Code of Federal Regulations as 
follows:

PART 1218--PROMOTION, RESEARCH, AND INFORMATION ORDER FOR 
CULTIVATED BLUEBERRIES

    1. The authority citation for part 1218 continues to read as 
follows:

    Authority: 7 U.S.C. 7401-7425.

    2. The heading for part 1218 is revised to read as set forth above.
    3. Revise the heading of Subpart A to read as follows:

Subpart A--Promotion, Research, and Information Order for 
Cultivated Blueberries

    4. Revise Sec. 1218.2 to read as follows:


Sec. 1218.2  Cultivated Blueberries.

    Cultivated blueberries means blueberries grown in or imported into 
the United States of the genus Vaccinium Corymbosum and Ashei, 
including the northern highbush, southern highbush, rabbit eye 
varieties, and any hybrid, and excluding the lowbush (native) blueberry 
Vaccinium Angustifolium.


Sec. 1218.3  [Amended]

    5. In Sec. 1218.3 the words ``U.S.A. Blueberry Council'' are 
removed and the words ``U.S.A. Cultivated Blueberry Council'' are added 
in its place and ``USABC'' is removed and ``USACBC'' is added in its 
place.


Secs. 1218.6, 1218.7 and 1218.9  [Amended]

    6. In Secs. 1218.6, 1218.7, and 1218.9 the word ``blueberries'' is 
removed and the words ``cultivated blueberries'' are added in its place 
wherever it appears.


Sec. 1218.10  [Amended]

    7. In Sec. 1218.10 the word ``blueberries'' is removed and the 
words ``cultivated blueberries'' are added in its place wherever it 
appears, and the word ``blueberry'' is removed and the words 
``cultivated blueberry'' are added in its place wherever it appears.


Sec. 1218.11  [Amended]

    8. In Sec. 1218.11 the word ``blueberries'' is removed and the 
words ``cultivated blueberries'' are added in its place wherever it 
appears.


Sec. 1218.13  [Amended]

    9. In Sec. 1218.13 the words ``Blueberry Promotion Research, and 
Information Order'' are removed and the words ``Promotion, Research, 
and Information Order for Cultivated Blueberries'' are added in their 
place.


Secs. 1218.15, 1218.16, 1218.17, and 1218.18  [Amended]

    10. In Secs. 1218.15, 1218.16, 1218.17, and 1218.18 the word 
``blueberries'' is removed and the words ``cultivated blueberries'' are 
added in its place wherever it appears.


Sec. 1218.23  [Amended]

    11. In Sec. 1218.23 ``USABC'' is removed and ``USACBC'' is added in 
its place

[[Page 57106]]

and ``U.S.A. Blueberry Council'' is removed and ``U.S.A. Cultivated 
Blueberry Council'' is added in its place.


Sec. 1218.40  [Amended]

    12. The undesignated center heading preceding Sec. 1218.40 is 
revised to read as follows:

U.S.A. Cultivated Blueberry Council


Sec. 1218.40  [Amended]

    13. In Sec. 1218.40 the word ``blueberries'' is removed and the 
words ``cultivated blueberries'' are added in its place wherever it 
appears, the words ``U.S.A. Blueberry Council'' are removed and the 
words ``U.S.A. Cultivated Blueberry Council'' are added in its place 
wherever it appears, and ``USABC'' is removed and ``USACBC'' is added 
in its place wherever it appears.


Secs. 1218.41, 1218.42, 1218.43, 1218.44, 1218.45, 1218.46, 1218.47, 
1218.48, 1218.50, 1218.51, 1218.55, 1218.56, 1218.62, 1218.70, 1218.73, 
1218.75, and 1218.77  [Amended]

    14. In Secs. 1218.41, 1218.42, 1218.43, 1218.44, 1218.45, 1218.46, 
1218.47, 1218.48, 1218.50, 1218.51, 1218.55, 1218.56, 1218.62, 1218.70, 
1218.73, 1218.75, and 1218.77 ``USABC'' is removed and ``USACBC'' is 
added in its place wherever it appears.


Secs. 1218.52, 1218.53, 1218.54 and 1218.60  [Amended]

    15. In Secs. 1218.52, 1218.53, 1218.54, and 1218.60 the word 
``blueberries'' is removed and the words ``cultivated blueberries'' are 
added in its place whever it appears, and ``USABC'' is removed and 
``USACBC'' is added in its place wherever it appears.


Secs. 1218.71 and 1218.72  [Amended]

    16. In Secs. 1218.71 and 1218.72 the word ``blueberries'' is 
removed and the words ``cultivated blueberries'' are added in its place 
wherever it appears.

    Dated: September 15, 2000.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 00-24219 Filed 9-20-00; 8:45 am]
BILLING CODE 3410-02-P