[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72779-72783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27572]



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

[[Page 72779]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1218

[Document Number AMS-SC-21-0022]


Blueberry Promotion, Research and Information Order; Change in 
Membership, Nomination Procedures, and Term of Office

AGENCY: Agricultural Marketing Service, Department of Agriculture 
(USDA).

ACTION: Final rule.

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SUMMARY: 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.

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) 720-5976; or Email: 
[email protected].

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. 7411-7425).

Executive Orders 12866 and 13563

    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. 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. 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 USDA's final ruling.

Background

    This final rule changes the Council's 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 1218.40(a) 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.

[[Page 72780]]

One producer member and alternate are from each of the top eight 
blueberry producing states, based upon the average of the total tons 
produced over the previous three years. Currently, these states include 
California, Florida, Georgia, Michigan, New Jersey, North Carolina, 
Oregon, and Washington.
    Of the remaining eight Council members and alternates, four members 
and alternates are importers. Two members and alternates must be an 
exporter, defined in Sec.  1218.40(a)(4) as a blueberry producer 
currently shipping blueberries into the U.S. from the two largest 
foreign blueberry production areas, based on a three-year average 
(currently Chile and Canada). One member and alternate must be a first 
handler, defined in Sec.  1218.40(a)(5) as a U.S. based independent or 
cooperative organization which is a producer/shipper of domestic 
blueberries. Finally, the Order provides that one member and alternate 
must represent the public. The public member representation on research 
and promotion boards is optional as provided for in the 1996 Act.
    Section 1218.40(b) of the Order specifies that, at least once every 
five years, the Council will review the geographical distribution of 
the production of blueberries in the United States and the quantity of 
imports. The review is conducted through an audit of state crop 
production figures and Council assessment records. If warranted, the 
Council will recommend to the Secretary that its membership be altered 
to reflect changes in the geographical distribution of domestic 
blueberry production and the quantity of imports.
    The Council met on November 18, 2020, and then again on June 9, 
2021, to review domestic production data, import data, and assessment 
data for the past three years (2017-2019). This data is summarized in 
Table 1 below:

                             Table 1--U.S. and Import Quantities and Assessment Data
----------------------------------------------------------------------------------------------------------------
                                                 U.S. crop-
                                                  utilized         Imports        Domestic           Import
                     Year                      production \1\    (1,000 lbs)       (U.S.)      assessments[sup3]
                                                 (1,000 lbs)         \2\       assessments\3\
----------------------------------------------------------------------------------------------------------------
2017.........................................         512,740         398,190      $3,968,438        $3,577,559
2018.........................................         562,300         473,073       4,263,177         4,229,333
2019.........................................         673,050         579,181       5,172,055         5,040,722
3-year average...............................         582,697         483,481       4,467,890         4,282,538
----------------------------------------------------------------------------------------------------------------
Sources: \1\ National Agricultural Statistics Service (NASS); \2\ U.S. Customs and Border Protection; \3\
  Council Financial Audit Records 2019-2020.

    As shown in Table 1, the quantity of imported blueberries, as well 
as import assessments collected, has increased in recent years.
    In that time, there has been a substantial increase of imported 
product From both Peru and Mexico, with Peru exports into the U.S. 
surpassing Canada in 2019, as shown in Table 2.

                         Table 2--Quantity of Blueberries from Foreign Production Areas
----------------------------------------------------------------------------------------------------------------
                                                                       Quantity (1,000 lbs)
Foreign blueberry production areas shipping into ---------------------------------------------------------------
                the United States                      2017            2018            2019       3-year average
----------------------------------------------------------------------------------------------------------------
Chile...........................................         162,932         181,951         164,872         169,918
Canada..........................................         111,979         110,755         142,425         121,720
Peru............................................          41,516          82,273         154,288          92,692
Mexico..........................................          54,212          72,537          93,840          73,530
Argentina.......................................          26,099          23,581          22,130          23,937
All Other Countries.............................           1,451           1,976           1,627           1,685
----------------------------------------------------------------------------------------------------------------
Source: U.S. Customs and Border Protection.

    In 2015, the Council, after reviewing import and domestic 
production and assessment data, recommended changes to the membership; 
one such change included adding an additional exporter seat. At that 
time, data indicated considerable increased imports from Chile. The 
addition of the second exporter member allowed exporters from both 
Chile and Canada, the two countries shipping the greatest volume of 
blueberries into the U.S., to be represented on the Council. The 
Council took a similar approach when reviewing and recommending this 
recent change in membership. It recognized the significant volume of 
imports from Peru and Mexico, discussing the need to add 
representatives from those production areas to the Council. Given the 
decision to try to maintain its current size and based on the data 
reviewed, it concluded it was important to have foreign producer 
representation similar to the structure of the state producer 
representation. Therefore, it recommended the addition of two exporter 
members. Four exporter member positions will provide the four largest 
foreign producing areas importing into the U.S., which represents 
ninety-five percent of the total volume of blueberries imported into 
the U.S., a voice on the Council. This will realign the Council's 
membership to better reflect the distribution of domestic production 
and the quantity of imports into the U.S.
    The Council conducts nominations two out of every three years. The 
Council is currently conducting nominations for seven member and 
alternate positions (year-one cycle) whose three-year term of office 
begins January 1, 2022, ending December 31, 2024. These include the 
four regional producer members, one exporter member, one importer 
member, the

[[Page 72781]]

public member, and respective alternates. The Council will conduct 
nominations in 2022 for 13 member and alternate positions (year-two 
cycle) whose three-year term of office begins January 1, 2023, ending 
December 31, 2025. This will include one member from each of the top 
eight producing states, three importer members, one exporter member, 
the first handler member, and respective alternates. To help ensure a 
smooth transition, while aligning with the Council's nomination 
schedule, the term of office for the recommended additional exporter 
member positions will begin January 1, 2023. Therefore, solicitation 
for the two additional exporter position nominees will be included in 
the nominations scheduled to be conducted in 2022. Since the first 
handler member position is being removed, nominations for this position 
will not be conducted during the 2022 solicitation period. The first 
handler member and alternate member positions will terminate December 
31, 2022.
    USDA has recommended that the initial term of office for the two 
additional exporter positions will be two years, instead of the 
prescribed three-year term of office for all Council member and 
alternate positions. The additional two exporter member and alternate 
term of office will begin January 1, 2023, ending December 31, 2024. As 
noted above, the Council conducts nominations two out of every three 
years, with seven positions to be filled in year-one, and thirteen in 
year-two. With including the nominations for the exporter positions in 
the year-two cycle, total positions to be filled will be 14 of the 21-
member Council. Having an initial two-year term will align these two 
additional exporter positions with the year-one nomination cycle, 
reestablishing the distribution between the two nomination cycles. 
Year-one nomination cycle will include solicitation for nine positions: 
four regional producer member positions, one importer member position, 
three exporter member positions, one public member position, and 
respective alternates. The year-two nomination cycle will include 
solicitation for 12 positions: one member from each of the top eight 
producing states, three importer members, one exporter member, and 
respective alternates.
    The 2022, 20-member Council would consist of one producer member 
from each of the four regions (Western, Midwest, Northeast, Southern), 
one producer member from each of the top eight producing states, four 
importer members, two exporter members, first handler member, public 
member, and respective alternates.
    The 2023 and subsequent 21-member Council will consist of one 
producer member from each of the four regions (Western, Midwest, 
Northeast, Southern), one producer member from each of the top eight 
producing states, four importer members, four exporter members, one 
public member, and respective alternates. The provisions at 7 CFR 
1218.40 will be revised accordingly.

Nomination Procedures

    Section 1218.41 establishes the procedures for nominations to 
obtain Council nominees for appointment by the Secretary. Section 
1218.41(c) provides for the nomination process for importer, exporter, 
first handler, and public member and alternate positions. Section 
1218.41(d) requires producer, handlers, and importer nominees to be 
compliant with the Order provisions regarding payment of assessments 
and filing of reports. With the proposed removal of the first handler 
position, references to first handler member will be removed from these 
sections.

Term of Office

    Section 1218.42 provides that Council nominations and appointments 
will take place in two out of every three years, with each term of 
office ending on December 31, and new terms of office beginning January 
1. The Council recommended allowing members and their alternates to 
remain in office until a successor is appointed. Currently, if 
successors are not appointed by the January 1 date, those positions 
remain vacant until the successors are named. The Order requires a 
minimum of 11 members to hold a Council meeting. For the nomination 
year with 12 positions expiring, if not appointed by the January 1 
start date, the Council will be unable to meet until such appointments 
were made. This could cause a lapse in the Council's ability to 
properly administer the provisions of the Order. Allowing members to 
serve until their successor is appointed will allow the Council to 
continue administration should appointments be delayed beyond the 
specified term of office. This change is similar to authority provided 
for in other research and promotion orders.

Final Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 
601-612), AMS is required to examine the impact of the final rule on 
small entities. Accordingly, AMS has considered the economic impact of 
this action on such 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. The Small Business Administration defines, 
in 13 CFR part 121, small agricultural producers as those having annual 
receipts of no more than $1,000,000 and small agricultural service 
firms (first handlers and importers) as those having annual receipts of 
no more than $30 million.
    There are approximately 1,547 domestic producers, 71 first handlers 
and 271 importers of highbush blueberries covered under the program. 
Dividing the highbush blueberry crop value for 2019, $919 million,\1\ 
by the number of producers (1,547) yields an average annual producer 
revenue estimate of $594,053. It is estimated that in 2019, about 99 
percent of the first handlers shipped under $30 million worth of 
highbush blueberries. Based on 2019 U.S. Border and Customs (Customs) 
data, it is estimated that over 99 percent of the importers shipped 
under $30 million worth of highbush blueberries. Based on the 
foregoing, the majority of producers, first handlers and importers may 
be classified as small entities. We do not have information concerning 
the number of exporters and their size.
---------------------------------------------------------------------------

    \1\ Noncitrus Fruits and Nuts 2019 Summary.
---------------------------------------------------------------------------

    Regarding value of the commodity, as mentioned above, based on 2019 
NASS data, the value of the domestic highbush blueberry crop was about 
$919 million. According to Customs data, the value of 2019 imports was 
about $1.04 billion.
    It is not anticipated that this action will impose additional costs 
on industry members. Eligible producers, importers and exporters 
interested in serving on the Council will have to complete a background 
questionnaire. Those requirements are addressed later in this rule.
    This rule is revising Sec. Sec.  1218.40, 1218.41, and 1218.42 of 
the Order regarding Council membership, nominations, and term of 
office, respectively. 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 rule 
will remove the first handler and alternate position and add two 
exporter member and alternate positions. This will help ensure that the 
Council reflects the distribution of

[[Page 72782]]

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 
Sec. Sec.  1218.40(b) and 1218.47(m) 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 0581-0093 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 (AD-755) 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 0581-0093. 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 Council's 
Executive Committee met to 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 Council's 
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.
    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 Council's 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 1218--BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION

0
1. The authority citation for 7 CFR part 1218 continues to read as 
follows:

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

0
2. Revise the heading for part 1218 to read as set forth above.

Subpart A--Blueberry Promotion, Research, and Information Order

0
3. Revise Sec.  1218.13 to read as follows:


Sec.  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.

0
4. In Sec.  1218.40, paragraph (a) is revised to read as follows:


Sec.  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:

[[Page 72783]]

    (i) One producer member and alternate from each of the following 
regions:
    (A) Region #1 Western Region (all states from the Pacific east to 
the Rockies): Alaska, Arizona, California, Colorado, Hawaii, Idaho, 
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
    (B) Region #2 Midwest Region (all states east of the Rockies to the 
Great Lakes and south to the Kansas/Missouri/Kentucky state line): 
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, 
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
    (C) Region #3 Northeast Region (all states east of the Great Lakes 
and North of the North Carolina/Tennessee state line): Connecticut, 
Delaware, New York, Maine, Maryland, Massachusetts, New Hampshire, New 
Jersey, Pennsylvania, Rhode Island, Virginia, Vermont, Washington, DC, 
and West Virginia.
    (D) Region #4 Southern Region (all states south of the Virginia/
Kentucky/Missouri/Kansas state line and east of the Rockies): Alabama, 
Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, 
Oklahoma, Puerto Rico, South Carolina, Tennessee, and Texas.
    (ii) One producer member and alternate from each of the top eight 
blueberry producing states, based on the average of the total tons 
produced over the previous three years. Average tonnage will be based 
upon production and assessment figures generated by the Council.
    (iii) Four importers and alternates.
    (iv) Two exporters and alternates will be filled by foreign 
blueberry producers currently shipping blueberries into the United 
States from the two largest foreign blueberry production areas, 
respectively, based on a three-year average.
    (v) One first handler member and alternate shall be filled by a 
United States based independent or cooperative organization which is a 
producer/shipper of domestic blueberries.
    (vi) One public member and alternate. The public member and 
alternate public member may not be a blueberry producer, handler, 
importer, exporter, or have a financial interest in the production, 
sales, marketing or distribution of blueberries.
    (2) The 2023 and subsequent Council shall be composed of:
    (i) One producer member and alternate from each of the following 
regions:
    (A) Region #1 Western Region (all states from the Pacific east to 
the Rockies): Alaska, Arizona, California, Colorado, Hawaii, Idaho, 
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
    (B) Region #2 Midwest Region (all states east of the Rockies to the 
Great Lakes and south to the Kansas/Missouri/Kentucky state line): 
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, 
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
    (C) Region #3 Northeast Region (all states east of the Great Lakes 
and North of the North Carolina/Tennessee state line): Connecticut, 
Delaware, New York, Maine, Maryland, Massachusetts, New Hampshire, New 
Jersey, Pennsylvania, Rhode Island, Virginia, Vermont, Washington, DC, 
and West Virginia.
    (D) Region #4 Southern Region (all states south of the Virginia/
Kentucky/Missouri/Kansas state line and east of the Rockies): Alabama, 
Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, 
Oklahoma, Puerto Rico, South Carolina, Tennessee, and Texas.
    (ii) One producer member and alternate from each of the top eight 
blueberry producing states, based on the average of the total tons 
produced over the previous three years. Average tonnage will be based 
upon production and assessment figures generated by the Council.
    (iii) Four importers and alternates.
    (iv) Four exporters and alternates will be filled by foreign 
blueberry producers currently shipping blueberries into the United 
States from the four largest foreign blueberry production areas, 
respectively, based on a three-year average.
    (v) One public member and alternate. The public member and 
alternate public member may not be a blueberry producer, handler, 
importer, exporter, or have a financial interest in the production, 
sales, marketing or distribution of blueberries.
* * * * *

0
5. In Sec.  1218.41, paragraphs (c) and (d) are revised to read as 
follows:


Sec.  1218.41  Nominations and appointments.

* * * * *
    (c) Importer, exporter, and public members. Nominations for the 
importer, exporter, and public member positions will be made by the 
Council. Two nominees for each member and each alternate position will 
be recommended to the Secretary for consideration. Other qualified 
persons interested in serving in these positions but not recommended by 
the Council will be designated by the Council as additional nominees 
for consideration by the Secretary.
    (d) Producers and importers. Producer and importer nominees must be 
in compliance with the Order's provisions regarding payment of 
assessments and filing of reports. Further, producers and importers 
must produce or import, respectively, 2,000 pounds or more of highbush 
blueberries annually.
* * * * *

0
6. Section 1218.42 is revised to read as follows:


Sec.  1218.42  Term of office.

    Council members and alternates will serve for a term of three years 
and be able to serve a maximum of two consecutive terms. A Council 
member may serve as an alternate during the years the member is 
ineligible for a member position. When the Council is first 
established, the state representatives, first handler member, and their 
respective alternates will be assigned initial terms of three years. 
Regional representatives, the importer member, the exporter member, 
public member, and their alternates will serve an initial term of two 
years. Thereafter, each of these positions will carry a full three-year 
term. Council nominations and appointments will take place in two out 
of every three years. Each term of office will end on December 31, with 
new terms of office beginning on January 1. Council members and 
alternates shall serve during the term of office for which they have 
been appointed and qualified, and until their successors are appointed.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-27572 Filed 12-22-21; 8:45 am]
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