[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Proposed Rules]
[Pages 25618-25619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11050]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1208

[Doc. No. AMS-FV-07-0077; FV-07-705-PR-2B]
RIN 0581-AC79


Proposed Processed Raspberry Promotion, Research, and Information 
Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule and Referendum Order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible producers of raspberries for processing and importers of 
processed raspberries to determine whether they favor the establishment 
of an industry-funded promotion, research, and information program for 
processed raspberries. The proposed program, Processed Raspberry 
Promotion, Research, and Information Order (Proposed Order), was 
submitted to the Department of Agriculture (Department) by the 
Washington Red Raspberry Commission (WRRC). Under the Proposed Order, 
producers of raspberries for processing and importers of processed 
raspberries would pay an assessment of up to one cent per pound, with 
the initial assessment rate being one cent per pound, which would be 
paid to the proposed National Processed Raspberry Council (Council). 
Producers and importers of less than 20,000 pounds annually of 
raspberries for processing and processed raspberries, respectively, 
would be exempt from the assessment. The proposed program would be 
implemented under the Commodity Promotion, Research, and Information 
Act of 1996 (1996 Act). The Department is conducting an initial 
referendum to ascertain whether the persons to be covered by and 
assessed under the Proposed Order favor the implementation of the 
program prior to it going into effect. The Proposed Order would be 
implemented if it is approved by a majority of producers and importers 
voting in the referendum.

DATES: The voting period is June 8 through June 24, 2011. To be 
eligible to vote, producers must have produced 20,000 pounds of 
raspberries for processing and importers must have imported 20,000 
pounds of processed raspberries during the representative period from 
January 1, 2010 through December 31, 2010. Ballots will be mailed to 
all known producers of raspberries for processing and importers of 
processed raspberries, on or before June 1, 2011. Ballots must be 
received by the referendum agent no later than the close of business 
4:30 pm (Eastern Time) on June 24, 2011.

ADDRESSES: Copies of the Proposed Order may be obtained from: 
Referendum Agent, Research and Promotion Branch, Fruit and Vegetable 
Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop 0244, Room 
0632-S, Washington, DC 20250-0244; telephone: (202) 720-9915 or (888) 
720-9917 (toll free); or facsimile: (202) 205-2800; or can be viewed at 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kimberly Coy, Marketing Specialist, 
Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 
1400 Independence Avenue, SW., Room 0632, Stop 0244, Washington, DC 
20250-0244; telephone: (202) 720-9915 or (888) 720-9917 (toll free); or 
facsimile: (202) 205-2800; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued pursuant to the 
Commodity Promotion, Research, and Information Act of 1996 (1996 Act) 
(7 U.S.C. 7411-7425).
    As part of this rulemaking, a proposed rule was published in the 
Federal Register on April 9, 2009 [74 FR 16289], with a 60-day comment 
period which closed on June 8, 2009. Twenty-one comments were received. 
A second proposed rule was published in the Federal Register on 
February 8, 2010 [75 FR 6131] addressing the comments. In addition, a 
separate final rule on referendum procedures was published in the 
Federal Register on February 8, 2010 [75 FR 6089].
    Since publication of the second proposed rule, the industry worked 
with the 484(f) Committee (Committee) of the United States 
International Trade Commission (USITC) which is the committee that 
reviews requests for changes to the statistical reporting requirements 
of the HTS for imports, to determine the feasibility of separating red 
raspberry juice and juice concentrate from all other juice and juice 
concentrate, red raspberry paste and purees from all other pastes and 
purees, and red raspberry preserves from all other fruit preserves. 
According to the Committee, this separation was feasible. Accordingly, 
the Committee approved the petition for processed red raspberry 
statistical breakout in the Harmonized Tariff Schedule. The new number 
assigned to red raspberry juice and juice concentrate is 2009.80.60.55, 
the new number assigned to processed red raspberry pastes and purees is 
2007.99.65.10, and the new number assigned to red raspberry preserves 
is 2008.99.20.20, effective July 1, 2010. The aforementioned changes 
will be reflected in the final rule. Also, assessments for imported red 
raspberry preserves will not begin until a conversion factor is 
developed.

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by the Office 
of Management and Budget (OMB).

Executive Order 12988

    This 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 provides that the 1996 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 1996 Act, a person subject to an order may 
file a written petition with the Department 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 requesting 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, the 
Department 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 the Department's final ruling.

Referendum Order

    Pursuant to the 1996 Act, a referendum will be conducted to 
determine whether eligible producers of raspberries for processing and 
importers of processed raspberries favor issuance of the Proposed 
Order. The Proposed Order is authorized under the 1996 Act.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from January 1, 2010, through 
December 31, 2010. Producers must have produced

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20,000 pounds of raspberries for processing and importers must have 
imported 20,000 pounds of processed raspberries during the 
representative period from January 1, 2010 through December 31, 2010, 
to be eligible to vote. The referendum shall be conducted by mail 
ballot from June 8 through June 24, 2011. Ballots must be received by 
the referendum agent no later than the close of business 4:30 p.m. 
(Eastern Time) on June 24, 2011, to be counted.
    Section 518 of the 1996 Act authorizes the Department to conduct a 
referendum prior to the Order's effective date. The Order shall become 
effective only if it is determined that the Order has been approved by 
a majority of those eligible persons voting for approval.
    Kimberly Coy, of the USDA, AMS, Research and Promotion Branch, is 
designated as the referendum agent to conduct this referendum. The 
referendum procedures [7 CFR 1208.100 through 1212.108], which were 
issued pursuant to the 1996 Act, shall be used to conduct the 
referendum.
    The referendum agent will mail registration instructions to all 
known eligible producers and importers in advance of the referendum. 
Any producer or importer who does not receive registration instructions 
should contact the referendum agent cited under the ``For Further 
Information'' section no later than one week before the end of the 
registration period. Prior to the first day of the voting period, the 
referendum agent will mail the ballots to be cast in the referendum and 
voting instructions to all eligible voters. Persons who are producers 
and importers during the representative period are eligible to vote. 
Any producer or importer who does not receive a ballot should contact 
the referendum agent cited under the ``For Further Information'' 
section no later than one week before the end of the registration 
period. Ballots must be received by the referendum agent by the close 
of business on or before [insert last day of referendum], to be 
counted.
    In accordance with the OMB regulation [5 CFR part 1320] which 
implements the Paperwork Reduction Act of 1995 [44 U.S.C. 35], the 
referendum ballot, which represents the information collection and 
recordkeeping requirements that may be imposed by this rule, was 
submitted to OMB for approval and approved under OMB Number 0581-0257.

List of Subjects in 7 CFR Part 1208

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

    Authority:  7 U.S.C. 7411-7425; 7 U.S.C. 7401.

David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11050 Filed 5-4-11; 8:45 am]
BILLING CODE 3410-02-P