Mushroom Promotion, Research, and Consumer Information Order; Reallocation of Mushroom Council Membership, 35142-35144 [E7-12402]
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35142
Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations
These order requirements have helped
ensure that only quality product reaches
the consumer. Quality requirements
have helped increase and maintain
demand for Colorado potatoes over the
years. The compilation and
dissemination of statistical information
has helped producers and handlers
make production and marketing
decisions. Funds to administer the order
are obtained from handler assessments.
Regarding complaints or comments
received from the public concerning the
order, USDA received two comments,
one each from the Area No. 2 and Area
No. 3 Committees. Both comments were
in favor of the continuation of the order
and addressed each of the five factors
under consideration by AMS.
Marketing order issues and programs
are discussed at public meetings, and all
interested persons are allowed to
express their views. All comments are
considered in the decision making
process by the area committees and the
USDA before any program changes are
implemented.
In considering the order’s complexity,
AMS has determined that the order is
not unduly complex.
During the review, the order was also
checked for duplication and overlap
with other regulations. AMS did not
identify any relevant Federal rules, or
State and local regulations that
duplicate, overlap, or conflict with the
marketing order for Colorado potatoes.
There is a Colorado State marketing
order for potatoes authorized to conduct
programs similar to those under the
Federal order. However, the State
program cooperates with the Federal
order to ensure that their efforts are not
duplicative. For instance, the State
order currently conducts production
and marketing research and market
promotion, which are authorized—but
not being conducted—under the Federal
order.
The order was established in August
1941. During the 65 years the order has
been effective, AMS and the Colorado
potato industry have continuously
monitored marketing operations.
Changes in regulations have been
implemented to reflect current industry
operating practices, and to solve
marketing problems as they occur. The
goal of periodic evaluations is to assure
that the order and the regulations
implemented under it fit the needs of
the industry and are consistent with the
Act.
The CPC and both area committees
meet several times a year to discuss the
order and the various regulations issued
thereunder, and to determine if, or
what, changes may be necessary to
reflect current industry practices. As a
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result, regulatory changes have been
made numerous times over the years to
address industry operation changes and
to improve program administration. In
addition, in 1960, the area committees
made several recommendations to
improve quality regulations and
program operations through formal
amendment of the order. An
amendment hearing was subsequently
held in Denver, Colorado, on February
1–2, 1960, to receive evidence regarding
the recommendations. As a result, a
referendum was held June 20–28, 1960,
to determine producer support for the
proposed amendments. The proposed
amendments were favored by a majority
of the producers voting in the
referendum.
Based on the potential benefits of the
order to producers, handlers, and
consumers, AMS has determined that
the Colorado potato marketing order
should be continued. The order was
established to help the Colorado potato
industry work with USDA to solve
marketing problems. The order
regulations on grade, size, quality,
maturity, pack, container, and
marketing research and development
activities continue to be beneficial to
producers, handlers, and consumers.
AMS will continue to work with the
Colorado potato industry in maintaining
an effective marketing order program.
Dated: June 21, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–12396 Filed 6–26–07; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Docket No. : AMS–FV–07–0019; FV–06–704
FR]
Mushroom Promotion, Research, and
Consumer Information Order;
Reallocation of Mushroom Council
Membership
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule that reapportioned the
membership of the Mushroom Council
(Council) to reflect shifts in United
States mushroom production. The final
rule continues in effect the realignment
of the Mushroom Promotion, Research,
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and Consumer Information Order’s
(Order) four United States geographic
regions, and reallocates Council member
representation in two of the four United
States geographic regions (Regions 1 and
4). The Council, which administers the
Order, proposed the amendments in
conformance with Order requirements
to review—at least every 5 years and not
more than every three years—the
geographic distribution of United States
mushroom production volume and
import volume. These changes to the
Council are effective for the Secretary of
Agriculture’s 2008 appointments.
DATES: Effective Date: July 27, 2007.
FOR FURTHER INFORMATION CONTACT:
Daniel Manzoni, Marketing Specialist,
or Sonia N. Jimenez, Chief, Research
and Promotion Branch, Fruit and
Vegetable Programs, AMS, USDA, Stop
0244-Room 0634-S, 1400 Independence
Avenue, SW., Washington, DC 20250–
0244; telephone (202) 720–9915 or (888)
720–9917 (toll free); fax: (202) 205–
2800; or e-mail:
daniel.manzoni@usda.gov or
sonia.jimenez@usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under the Mushroom
Promotion, Research, and Consumer
Information Order [7 CFR part 1209].
The Order is authorized under the
Mushroom Promotion, Research, and
Consumer Information Act of 1990 (Act)
[7 U.S.C. 6101–6112].
Executive Order 12866
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. The rule is not intended to have
a retroactive effect and will not affect or
preempt any other State or Federal law
authorizing promotion or research
relating to an agricultural commodity.
The Act provides that any person
subject to the Order may file a written
petition with the Department of
Agriculture (Department) if they believe
that the Order, any provision of the
Order, or any obligation imposed in
connection with the Order, is not
established in accordance with law. In
any petition, the person may request a
modification of the Order or an
exemption from the Order. The
petitioner is afforded the opportunity
for a hearing on the petition. After a
hearing, the Department would rule on
the petition. The Act provides that the
district court of the United States in any
district in which the petitioner resides
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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations
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or conducts business shall have the
jurisdiction to review the Department’s
ruling on the petition, provided a
complaint is filed not later than 20 days
after the date of the entry of the ruling.
Final Regulatory Flexibility Analysis
and Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (RFA) [5 U.S.C. 601 et
seq.], the Agricultural Marketing Service
(AMS) has examined the economic
impact of this rule on small entities. The
purpose of the RFA is to fit regulatory
actions to the scale of businesses subject
to such action so that small businesses
will not be unduly or disproportionately
burdened.
The Small Business Administration
defines, in 13 CFR part 121, small
agricultural producers as those having
annual receipts of no more than
$750,000 and small agricultural service
firms (importers) as having receipts of
no more than $6,500,000. There are 97
producers and 18 importers subject to
the Order, and thus, eligible to serve on
the Council. The majority of these
producers and importers are considered
small entities as defined by the Small
Business Administration. Producers and
importers of 500,000 pounds or less of
mushrooms for the fresh market are
exempt from the Order.
The Order provides for the
establishment of a Council consisting of
at least four members and not more than
nine members. For the purpose of
nominating and appointing producers to
the Council, the United States is divided
into four geographic regions (Regions 1,
2, 3, and 4) with Council member
representation allocated for each region
based on the geographic distribution of
mushroom production. For importers
(referred to as Region 5), one Council
member seat is allocated when imports,
on average, exceed 35,000,000 pounds
of mushrooms annually. The Order also
specifies that the Council will review—
at least every five years and not more
than every three years—the geographic
distribution of United States mushroom
production volume and import volume,
and recommend changes accordingly.
At its June 2006 meeting, the Council
reviewed mushroom production volume
in the United States and import volume
for the July 1, 2002, through June 30,
2005, yearly periods. Based on the data,
the Council reviewed and discussed
reapportionment proposals. After
considerable discussion, the Council
approved a reapportionment proposal
for recommendation to the Department.
The Council recommended
reapportionment of the Order’s four
United States geographic regions, and
the reallocation of Council member
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18:11 Jun 26, 2007
Jkt 211001
representation in two of the four United
States regions (Regions 1 and 4) to
reflect shifts in United States mushroom
production.
This rule adopts the interim final rule
that realigns the four United States
geographic regions, and reallocates
Council member representation in two
of the four United States geographic
regions as follows: Region 1—the States
of Colorado, Oklahoma, Wyoming,
Washington, Oregon, Florida, Illinois,
Tennessee, Texas and Utah; Region 2—
the State of Pennsylvania; Region 3—the
State of California; and Region 4—all
other States including the District of
Columbia and the Commonwealth of
Puerto Rico. Also, the number of
Council member representation is
reallocated as follows: from one member
to three members for Region 1 and from
two members to zero members for
Region 4. Representation for Region 2,
Region 3, and importers remains
unchanged at three members, two
members, and one member respectively.
The overall impact is favorable for
producers and importers because the
producers and importers will have more
equitable representation on the Council
based on United States mushroom
production volume and import volume.
In accordance with the Office of
Management and Budget (OMB)
regulation [5 CFR Part 1320] which
implements the Paperwork Reduction
Act of 1995 (PRA) [44 U.S.C. Chapter
35], the information collection
requirements under the PRA, there are
no new requirements contained in this
rule. The information collection
requirements have been previously
approved by the Office of Management
and Budget (OMB) under OMB control
number 0581–0093. This rule does not
result in a change to the information
collection and recordkeeping
requirements previously approved. In
terms of alternatives to this rule, this
action reflects the volume thresholds
and procedures that have been
established previously under the
provisions of the Order for reallocation
of Council membership.
There are no Federal rules that
duplicate, overlap, or conflict with this
rule.
Background
The Order is authorized under the
Mushroom Promotion, Research, and
Consumer Information Act of 1990 [7
U.S.C. 6101–6112], and is administered
by the Council. Under the Order, the
Council administers a nationally
coordinated program of research,
development, and information designed
to strengthen the fresh mushroom’s
position in the market place and to
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35143
establish, maintain, and expand markets
for fresh mushrooms. The program is
financed by an assessment of $0.0043
cents per pound on any person who
produces or imports over 500,000
pounds of mushrooms for the fresh
market annually. Under the Order,
handlers collect and remit producer
assessments to the Council, and
assessments paid by importers are
collected and remitted by the United
States Customs Service.
The Order provides for the
establishment of a Council consisting of
at least four members and not more than
nine members. For the purpose of
nominating and appointing producers to
the Council, the United States is divided
into four geographic regions (Regions 1,
2, 3, and 4) with Council member
representation allocated for each region
based on the geographic distribution of
mushroom production. For importers
(referred to as Region 5), one Council
member seat is allocated when imports,
on average, exceed 35,000,000 pounds
of mushrooms annually.
Section 1209.30(d) of the Order
provides that at least every five years
and not more than every three years, the
Council shall review changes in the
geographic distribution of mushroom
production volume throughout the
United States and import volume, using
the average annual mushroom
production and imports over the
preceding four years. Based on the
review, the Council is required to
recommend reapportionment of the
regions or modification of the number of
members from such regions, or both, to
reflect shifts in the geographic
distribution of mushroom production
volume and importer representation.
The Order provides that each
producer region that produces, on
average, at least 35 million pounds of
mushrooms annually is entitled to one
member. Further, each producer region
is entitled to an additional member for
each 50 million pounds of annual
production, on average, in excess of the
initial 35 million pounds required to
qualify for representation, until the nine
seats on the Council are filled. For
purposes of this rule and as provided
under the Order, ‘‘on average’’ reflects a
rolling average of production or imports
during the last three fiscal years.
Under the current Order, regions and
Council member representation for each
region are the following: Region 1:
Colorado, Connecticut, Illinois, Indiana,
Iowa, Kansas, Kentucky, Maine,
Massachusetts, Michigan, Minnesota,
Missouri, Montana, Nebraska, New
York, New Hampshire, North Dakota,
Ohio, Rhode Island, South Dakota,
Vermont, Wisconsin, and Wyoming—1
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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations
producer member; Region 2: Delaware,
Maryland, New Jersey, Pennsylvania,
the District of Columbia, West Virginia,
and Virginia—3 producer members;
Region 3: Alaska, Arizona, California,
Hawaii, Idaho, Nevada, Oregon, Utah,
and Washington—2 producer members;
Region 4: Alabama, Arkansas, Florida,
Georgia, Louisiana, Mississippi, New
Mexico, North Carolina, Oklahoma, the
Commonwealth of Puerto Rico, South
Carolina, Tennessee, and Texas—2
producer members; and Region 5:
importers; 1 member. Based on data for
July 1, 2002, through June 30, 2005,
there are about 725 million pounds of
mushrooms assessed on average
annually under the Order. Currently, the
Order’s Regions 1, 2, 3, 4, and 5
represent 32 million pounds, 382
million pounds, 133 million pounds,
113 million pounds, and 65 million
pounds, respectively. Since Region 1
represents 32 million pounds of
mushroom production, the region no
longer qualifies for member
representation because production
within the region falls below the 35
million pounds Order requirement.
Based on data for the July 1, 2002,
through June 30, 2005, the Order is
revised to reapportion membership of
the Council to reflect shifts in the
geographic distribution of mushroom
production. The annual average
production of mushrooms for the
Order’s Regions 1, 2, 3, 4, and 5 as
adopted in this rule will be 168 million
pounds, 382 million pounds, 109
million pounds, 0 million pounds, and
65 million pounds. As adopted in this
rule, Regions 1, 2, and 3 will be
comprised of states with mushroom
production, and Region 4 will be
comprised of all other states with no
mushroom production.
Based on a review of United States
mushroom production volume and
import volume, this rule adopts
amendments to change the four United
States geographic regions as follows:
Region 1—the States of Colorado,
Oklahoma, Wyoming, Washington,
Oregon, Florida, Illinois, Tennessee,
Texas and Utah; Region 2—the State of
Pennsylvania; Region 3—the State of
California; and Region 4—all other
States including the District of
Columbia and the Commonwealth of
Puerto Rico. Also, the amendments
changes the number of Council member
representatives from one member to
three members for Region 1 and from
two members to zero members for
Region 4. Representation for Region 2,
Region 3, and importers remain
unchanged at three members, two
members, and one member,
respectively. The amendments, which
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18:11 Jun 26, 2007
Jkt 211001
represent shifts in mushroom
production volume, provides more
equitable producer and importer
representation on the Council based on
U. S. mushroom production volumes
and import volumes.
Nominations and appointments to the
Council are conducted pursuant to
§§ 1209.30 and 1209.230. Nominations
for Council positions for terms of office
that begin January 1, 2008 will be based
on the amendments contained in this
rule.
An interim final rule that
reapportions the four United States
geographic regions, and reallocates
Council member representation under
the Order was published in the Federal
Register on March 19, 2007 [72 FR
12701]. The interim final rule provided
for a 30-day comment period, which
ended on April 18, 2007. One comment
was received from the Council
supporting the change.
After consideration of all relevant
material presented, including the
Board’s recommendation and other
information, the interim final rule as
published in the Federal Register (72
FR 12701, March 19, 2007) is adopted,
as a final rule, without change.
List of Subjects in 7 CFR Part 1209
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Mushroom promotion, Reporting and
recording, Requirements.
For the reasons set forth in the
preamble, 7 CFR part 1209 is amended
as follows:
I
PART 1209—MUSHROOM
PROMOTION, RESEARCH, AND
CONSUMER INFORMATION ORDER
1. The authority citation for 7 CFR
part 1209 continues to read as follows:
I
Authority: 7 U.S.C. 6101–6112.
Accordingly, the interim final rule
amending 7 CFR part 1209, which was
published in the March 19, 2007,
Federal Register at 72 FR 12701 is
adopted as a final rule without change.
I
Dated: June 21, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–12402 Filed 6–26–07; 8:45 am]
BILLING CODE 3410–02–P
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NUCLEAR REGULATORY
COMMISSION
10 CFR Part 70
RIN 3150–AH62
Conforming Administrative Changes
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is making
conforming changes to citations in the
regulatory text. This action is necessary
to inform the public of these conforming
changes to NRC regulations.
DATES: Effective Date: June 27, 2007.
FOR FURTHER INFORMATION CONTACT:
Michael K. Williamson, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
(301) 415–6234, e-mail: mkw1@nrc.gov.
SUPPLEMENTARY INFORMATION: In
September 2000, when part 70 was
amended, a new Subpart H to part 70
was added which resulted in former
§ 70.61 being redesignated as § 70.81
and former § 70.62 being redesignated as
§ 70.82. Additionally, former § 70.71
was redesignated as § 70.91. NRC is
amending its regulations to make
conforming changes to citations in the
regulatory text by replacing § 70.61 with
§ 70.81, replacing § 70.62 with § 70.82,
and replacing § 70.71 with § 70.91, to
update and correct cross-references
within 10 CFR part 70. In addition, in
September 2000, § 70.14 was
redesignated as § 70.17 as referenced in
§ 70.51.
Because these amendments deal
solely with correcting cross references
in the regulations, the notice and
comment provisions of the
Administrative Procedure Act do not
apply, under 5 U.S.C. 553(b)(B), because
good cause exists to make these
ministerial changes without
unnecessary notices and public
procedure. This amendment will
become effective upon publication in
the Federal Register. Good cause exists
to dispense with the usual 30-day delay
in the effective date, under 5 U.S.C.
553(d)(3), because this amendment is of
a minor and administrative nature.
Environmental Impact: Categorical
Exclusion
The NRC has determined that this
final rule is the type of action described
in categorical exclusion 10 CFR
51.22(c)(2). Therefore, neither an
environmental impact statement nor an
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]]>Agencies
[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Rules and Regulations]
[Pages 35142-35144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12402]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Docket No. : AMS-FV-07-0019; FV-06-704 FR]
Mushroom Promotion, Research, and Consumer Information Order;
Reallocation of Mushroom Council Membership
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule that reapportioned the
membership of the Mushroom Council (Council) to reflect shifts in
United States mushroom production. The final rule continues in effect
the realignment of the Mushroom Promotion, Research, and Consumer
Information Order's (Order) four United States geographic regions, and
reallocates Council member representation in two of the four United
States geographic regions (Regions 1 and 4). The Council, which
administers the Order, proposed the amendments in conformance with
Order requirements to review--at least every 5 years and not more than
every three years--the geographic distribution of United States
mushroom production volume and import volume. These changes to the
Council are effective for the Secretary of Agriculture's 2008
appointments.
DATES: Effective Date: July 27, 2007.
FOR FURTHER INFORMATION CONTACT: Daniel Manzoni, Marketing Specialist,
or Sonia N. Jimenez, Chief, Research and Promotion Branch, Fruit and
Vegetable Programs, AMS, USDA, Stop 0244-Room 0634-S, 1400 Independence
Avenue, SW., Washington, DC 20250-0244; telephone (202) 720-9915 or
(888) 720-9917 (toll free); fax: (202) 205-2800; or e-mail:
daniel.manzoni@usda.gov or sonia.jimenez@usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under the Mushroom
Promotion, Research, and Consumer Information Order [7 CFR part 1209].
The Order is authorized under the Mushroom Promotion, Research, and
Consumer Information Act of 1990 (Act) [7 U.S.C. 6101-6112].
Executive Order 12866
The Office of Management and Budget has waived the review process
required by Executive Order 12866 for this action.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. The rule is not intended to have a retroactive effect
and will not affect or preempt any other State or Federal law
authorizing promotion or research relating to an agricultural
commodity.
The Act provides that any person subject to the Order may file a
written petition with the Department of Agriculture (Department) if
they believe that the Order, any provision of the Order, or any
obligation imposed in connection with the Order, is not established in
accordance with law. In any petition, the person may request a
modification of the Order or an exemption from the Order. The
petitioner is afforded the opportunity for a hearing on the petition.
After a hearing, the Department would rule on the petition. The Act
provides that the district court of the United States in any district
in which the petitioner resides
[[Page 35143]]
or conducts business shall have the jurisdiction to review the
Department's ruling on the petition, provided a complaint is filed not
later than 20 days after the date of the entry of the ruling.
Final Regulatory Flexibility Analysis and Paperwork Reduction Act
In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C.
601 et seq.], the Agricultural Marketing Service (AMS) has examined the
economic impact of this rule on small entities. The purpose of the RFA
is to fit regulatory actions to the scale of businesses subject to such
action so that small businesses will not be unduly or
disproportionately burdened.
The Small Business Administration defines, in 13 CFR part 121,
small agricultural producers as those having annual receipts of no more
than $750,000 and small agricultural service firms (importers) as
having receipts of no more than $6,500,000. There are 97 producers and
18 importers subject to the Order, and thus, eligible to serve on the
Council. The majority of these producers and importers are considered
small entities as defined by the Small Business Administration.
Producers and importers of 500,000 pounds or less of mushrooms for the
fresh market are exempt from the Order.
The Order provides for the establishment of a Council consisting of
at least four members and not more than nine members. For the purpose
of nominating and appointing producers to the Council, the United
States is divided into four geographic regions (Regions 1, 2, 3, and 4)
with Council member representation allocated for each region based on
the geographic distribution of mushroom production. For importers
(referred to as Region 5), one Council member seat is allocated when
imports, on average, exceed 35,000,000 pounds of mushrooms annually.
The Order also specifies that the Council will review--at least every
five years and not more than every three years--the geographic
distribution of United States mushroom production volume and import
volume, and recommend changes accordingly.
At its June 2006 meeting, the Council reviewed mushroom production
volume in the United States and import volume for the July 1, 2002,
through June 30, 2005, yearly periods. Based on the data, the Council
reviewed and discussed reapportionment proposals. After considerable
discussion, the Council approved a reapportionment proposal for
recommendation to the Department. The Council recommended
reapportionment of the Order's four United States geographic regions,
and the reallocation of Council member representation in two of the
four United States regions (Regions 1 and 4) to reflect shifts in
United States mushroom production.
This rule adopts the interim final rule that realigns the four
United States geographic regions, and reallocates Council member
representation in two of the four United States geographic regions as
follows: Region 1--the States of Colorado, Oklahoma, Wyoming,
Washington, Oregon, Florida, Illinois, Tennessee, Texas and Utah;
Region 2--the State of Pennsylvania; Region 3--the State of California;
and Region 4--all other States including the District of Columbia and
the Commonwealth of Puerto Rico. Also, the number of Council member
representation is reallocated as follows: from one member to three
members for Region 1 and from two members to zero members for Region 4.
Representation for Region 2, Region 3, and importers remains unchanged
at three members, two members, and one member respectively.
The overall impact is favorable for producers and importers because
the producers and importers will have more equitable representation on
the Council based on United States mushroom production volume and
import volume.
In accordance with the Office of Management and Budget (OMB)
regulation [5 CFR Part 1320] which implements the Paperwork Reduction
Act of 1995 (PRA) [44 U.S.C. Chapter 35], the information collection
requirements under the PRA, there are no new requirements contained in
this rule. The information collection requirements have been previously
approved by the Office of Management and Budget (OMB) under OMB control
number 0581-0093. This rule does not result in a change to the
information collection and recordkeeping requirements previously
approved. In terms of alternatives to this rule, this action reflects
the volume thresholds and procedures that have been established
previously under the provisions of the Order for reallocation of
Council membership.
There are no Federal rules that duplicate, overlap, or conflict
with this rule.
Background
The Order is authorized under the Mushroom Promotion, Research, and
Consumer Information Act of 1990 [7 U.S.C. 6101-6112], and is
administered by the Council. Under the Order, the Council administers a
nationally coordinated program of research, development, and
information designed to strengthen the fresh mushroom's position in the
market place and to establish, maintain, and expand markets for fresh
mushrooms. The program is financed by an assessment of $0.0043 cents
per pound on any person who produces or imports over 500,000 pounds of
mushrooms for the fresh market annually. Under the Order, handlers
collect and remit producer assessments to the Council, and assessments
paid by importers are collected and remitted by the United States
Customs Service.
The Order provides for the establishment of a Council consisting of
at least four members and not more than nine members. For the purpose
of nominating and appointing producers to the Council, the United
States is divided into four geographic regions (Regions 1, 2, 3, and 4)
with Council member representation allocated for each region based on
the geographic distribution of mushroom production. For importers
(referred to as Region 5), one Council member seat is allocated when
imports, on average, exceed 35,000,000 pounds of mushrooms annually.
Section 1209.30(d) of the Order provides that at least every five
years and not more than every three years, the Council shall review
changes in the geographic distribution of mushroom production volume
throughout the United States and import volume, using the average
annual mushroom production and imports over the preceding four years.
Based on the review, the Council is required to recommend
reapportionment of the regions or modification of the number of members
from such regions, or both, to reflect shifts in the geographic
distribution of mushroom production volume and importer representation.
The Order provides that each producer region that produces, on
average, at least 35 million pounds of mushrooms annually is entitled
to one member. Further, each producer region is entitled to an
additional member for each 50 million pounds of annual production, on
average, in excess of the initial 35 million pounds required to qualify
for representation, until the nine seats on the Council are filled. For
purposes of this rule and as provided under the Order, ``on average''
reflects a rolling average of production or imports during the last
three fiscal years.
Under the current Order, regions and Council member representation
for each region are the following: Region 1: Colorado, Connecticut,
Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts,
Michigan, Minnesota, Missouri, Montana, Nebraska, New York, New
Hampshire, North Dakota, Ohio, Rhode Island, South Dakota, Vermont,
Wisconsin, and Wyoming--1
[[Page 35144]]
producer member; Region 2: Delaware, Maryland, New Jersey,
Pennsylvania, the District of Columbia, West Virginia, and Virginia--3
producer members; Region 3: Alaska, Arizona, California, Hawaii, Idaho,
Nevada, Oregon, Utah, and Washington--2 producer members; Region 4:
Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New
Mexico, North Carolina, Oklahoma, the Commonwealth of Puerto Rico,
South Carolina, Tennessee, and Texas--2 producer members; and Region 5:
importers; 1 member. Based on data for July 1, 2002, through June 30,
2005, there are about 725 million pounds of mushrooms assessed on
average annually under the Order. Currently, the Order's Regions 1, 2,
3, 4, and 5 represent 32 million pounds, 382 million pounds, 133
million pounds, 113 million pounds, and 65 million pounds,
respectively. Since Region 1 represents 32 million pounds of mushroom
production, the region no longer qualifies for member representation
because production within the region falls below the 35 million pounds
Order requirement.
Based on data for the July 1, 2002, through June 30, 2005, the
Order is revised to reapportion membership of the Council to reflect
shifts in the geographic distribution of mushroom production. The
annual average production of mushrooms for the Order's Regions 1, 2, 3,
4, and 5 as adopted in this rule will be 168 million pounds, 382
million pounds, 109 million pounds, 0 million pounds, and 65 million
pounds. As adopted in this rule, Regions 1, 2, and 3 will be comprised
of states with mushroom production, and Region 4 will be comprised of
all other states with no mushroom production.
Based on a review of United States mushroom production volume and
import volume, this rule adopts amendments to change the four United
States geographic regions as follows: Region 1--the States of Colorado,
Oklahoma, Wyoming, Washington, Oregon, Florida, Illinois, Tennessee,
Texas and Utah; Region 2--the State of Pennsylvania; Region 3--the
State of California; and Region 4--all other States including the
District of Columbia and the Commonwealth of Puerto Rico. Also, the
amendments changes the number of Council member representatives from
one member to three members for Region 1 and from two members to zero
members for Region 4. Representation for Region 2, Region 3, and
importers remain unchanged at three members, two members, and one
member, respectively. The amendments, which represent shifts in
mushroom production volume, provides more equitable producer and
importer representation on the Council based on U. S. mushroom
production volumes and import volumes.
Nominations and appointments to the Council are conducted pursuant
to Sec. Sec. 1209.30 and 1209.230. Nominations for Council positions
for terms of office that begin January 1, 2008 will be based on the
amendments contained in this rule.
An interim final rule that reapportions the four United States
geographic regions, and reallocates Council member representation under
the Order was published in the Federal Register on March 19, 2007 [72
FR 12701]. The interim final rule provided for a 30-day comment period,
which ended on April 18, 2007. One comment was received from the
Council supporting the change.
After consideration of all relevant material presented, including
the Board's recommendation and other information, the interim final
rule as published in the Federal Register (72 FR 12701, March 19, 2007)
is adopted, as a final rule, without change.
List of Subjects in 7 CFR Part 1209
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Mushroom promotion, Reporting and
recording, Requirements.
0
For the reasons set forth in the preamble, 7 CFR part 1209 is amended
as follows:
PART 1209--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
ORDER
0
1. The authority citation for 7 CFR part 1209 continues to read as
follows:
Authority: 7 U.S.C. 6101-6112.
0
Accordingly, the interim final rule amending 7 CFR part 1209, which was
published in the March 19, 2007, Federal Register at 72 FR 12701 is
adopted as a final rule without change.
Dated: June 21, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-12402 Filed 6-26-07; 8:45 am]
BILLING CODE 3410-02-P
