[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Notices]
[Pages 30040-30042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11554]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / 
Notices  

[[Page 30040]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket  AMS-LS-07-0055; LS-07-06]


Pork Promotion, Research, and Consumer Information Program: 
Request for Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of Request for Referendum; request for comments on new 
information collection.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Agriculture's (USDA) 
Agricultural Marketing Service (AMS) intends to conduct a Request for 
Referendum among eligible pork producers and importers of hogs, pigs, 
pork, and pork products to determine if those persons want a referendum 
on the Pork Promotion, Research, and Consumer Information Order 
(Order), commonly known as the Pork Checkoff Program, as authorized by 
the Pork Promotion, Research, and Consumer Information Act of 1985.
    The Request for Referendum is being conducted as a result of a 
settlement of a lawsuit entered into February 28, 2001, with USDA and 
the Michigan Pork Producers Association, Inc., et al. (Plaintiffs). 
Under the settlement agreement, USDA will conduct a Request for 
Referendum among eligible pork producers and importers to determine 
whether producers and importers favor holding a referendum on the Pork 
Checkoff Program. Eligible producers and importers will be able to 
participate during a specified period announced by USDA.
    If the Request for Referendum indicates that 15 percent of the 
total number of eligible producers and importers want a referendum on 
the Pork Checkoff Program, the referendum will be conducted within 1 
year after the results of the Request for Referendum are announced. If 
results of the Request for Referendum indicate that a referendum is not 
supported, a referendum would not be conducted.
    AMS also is withdrawing in this issue of the Federal Register, the 
proposed rule concerning submission of information that was published 
on March 13, 2003 [68 FR 11996].

DATES: Pursuant to the Paperwork Reduction Act of 1995 (PRA), comments 
on the information collection burden that would result from this Notice 
must be received by July 22, 2008.

ADDRESSES: Comments on the Information Collection must be posted online 
at http://www.regulations.gov or sent to Kenneth R. Payne, Chief, 
Marketing Programs, Livestock and Seed Program, AMS, USDA, Room 2628-S, 
STOP 0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251; 
Telephone: (202) 720-1115; Fax: (202) 720-1125. Comments will be made 
available for public inspection at the above address during regular 
business hours or via the Internet at http://www.regulations.gov. All 
comments should reference the docket number, Docket No. AMS-LS-07-0055; 
LS-07-06, the date, and the page number of this issue of the  Federal 
Register. Pursuant to the PRA, send comments regarding the accuracy of 
the burden estimate; ways to minimize the burden, including the use of 
automated collection techniques or other forms of information 
technology; or any other aspect of this information collection to the 
above address.
    In addition, comments concerning the information collection should 
be sent to the Desk Officer for Agriculture, Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, 725 17th St., NW., Room 725, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch, at (202) 720-1115, by fax at (202) 720-1125, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: The Pork Promotion, Research, and Consumer 
Information Act of 1985 (Act) (7 U.S.C. 4801-4819) provides for the 
establishment of a coordinated program of promotion and research 
designed to strengthen the pork industry's position in the marketplace 
and to maintain and expand domestic and foreign markets and uses for 
pork and pork products. The program is financed by an assessment of 
0.40 percent of the market value of domestic and imported hogs and pigs 
and an equivalent amount on imported pork and pork products. Pursuant 
to the Act, an Order was made effective September 5, 1986, and the 
collection of assessments began on November 1, 1986.
    The Request for Referendum is being conducted as a result of a 
settlement of a lawsuit entered into February 28, 2001, with USDA and 
the Plaintiffs. On February 28, 2001, USDA entered into a settlement 
agreement with the Plaintiffs that was based on the guiding principle 
that the National Pork Board should operate independently of the 
National Pork Producers Council, and any successor or similar 
organization, while the Pork Checkoff Program is in effect. Under the 
settlement agreement, USDA will conduct a Request for Referendum among 
eligible pork producers and importers to determine whether 15 percent 
of those eligible producers and importers want a referendum on the Pork 
Checkoff Program. If the requisite number of producers and importers 
request a referendum, it would be conducted within 1 year from the date 
the results of the Request for Referendum are announced. If these 
requirements are not met, a referendum will not be conducted.
    For the purposes of determining the total number of pork producers 
for the Request for Referendum, AMS will utilize the most recent data 
published by National Agricultural Statistics Service (NASS) in its 
February 2008, ``Farms, Land in Farms, and Livestock Operations'' 
report. The report shows that, for the year of 2007, the total number 
of farm operations with hogs and pigs, including those in Puerto Rico, 
was 67,140. Also, according to the U.S. Customs and Border Protection 
(Customs) data, there are approximately 2,306 importers who imported 
hogs, pigs, pork, or pork products during calendar year 2007. Based 
upon this data, the number of producers and importers who would be 
eligible to participate in the Request for Referendum is approximately 
69,446.
    AMS will conduct the Request for Referendum during a 4-week period 
announced by the Secretary sometime in 2008. Producers who were engaged 
in pork production and importers engaged in the importation of hogs, 
pigs, pork, or

[[Page 30041]]

pork products between January 1, 2007, and December 31, 2007, will be 
eligible to participate. Producers will be afforded the opportunity to 
participate in the Request for Referendum through county Farm Service 
Agency (FSA) offices. Using FSA offices to support the Request for 
Referendum process will allow for the greatest opportunity for those 
eligible producers to participate. FSA would coordinate State and 
county FSA roles in conducting the Request for Referendum by (1) 
confirming producer eligibility, (2) canvassing and counting requests, 
and (3) reporting the results to AMS.
    Importers will be afforded the opportunity to participate in the 
Request for Referendum through the USDA's Agricultural Marketing 
Service (AMS). Importers would request a form by telephone, fax, or e-
mail from USDA's AMS Marketing Programs Branch. Completed form LS 54-1, 
Customs Form 7501, or any other supporting documentation as needed, 
should be returned via fax or e-mail to the same office. AMS will 
determine importer eligibility.
    Finally, given the above, AMS is withdrawing the proposed rule 
concerning submission of information that appeared in the March 13, 
2003 [68 FR 11996], issue of the Federal Register. The proposed rule 
was designed to better identify the number of eligible producers from 
whom assessments were collected. AMS intended to use this information 
to establish the total number of pork producers that would be utilized 
in determining whether the 15 percent threshold requirement contained 
in the Act for conducting a referendum had been met. Further, that 
information could have been used in subsequent referenda to determine 
the number of eligible producers. Upon further review, AMS determined 
that utilizing the most recent 2007 data published by NASS in its 
February 2008 ``Farms, Land in Farms, and Livestock Operations'' report 
to determine the total number of farm operations with hogs and pigs, 
and 2007 Customs data to determine the total number of importers who 
imported hogs, pigs, pork, or pork products, would result in the most 
accurate information available.
    AMS has developed the following Q & A's to better understand the 
purpose and procedures of the Request for Referendum.

Why is AMS conducting the Request for Referendum?

    The Request for Referendum is being conducted as a result of a 
settlement of a lawsuit entered into February 28, 2001, between the 
Michigan Pork Producers and of the Plaintiffs and USDA. In order to 
fulfill their obligations under the settlement agreement, USDA will 
conduct a Request for Referendum among eligible pork producers and 
importers to determine whether producers and importers favor holding a 
referendum on the Pork Checkoff Program.

When will the Request for Referendum be conducted?

    AMS anticipates conduct of the Request for Referendum during a 4-
week period established by the Secretary in 2008 and will announce the 
starting date in the Federal Register and by a nationwide press 
release.

Who is eligible to participate?

    Persons engaged in the production of hogs or pigs in the United 
States for sale in commerce and importers engaged in the importation of 
hogs, pigs, pork or pork products. Participation is voluntary and will 
indicate that participant desires a referendum on the Pork Checkoff 
Program. Only those persons who desire a referendum on the Pork 
Checkoff Program would participate.

What are the eligibility criteria?

    Producers and importers must (1) have been engaged in the 
production of hogs or pigs in the United States for sale in commerce or 
importation of hogs, pigs, pork or pork products between January 1, 
2007, and December 31, 2007, and, (2) be at least 18 years of age on or 
before December 31, 2007.

Will contract growers be allowed to participate?

    AMS has determined that contract growers, who do not own, but do 
raise, provide care, and feed hogs and pigs for owner, including a 
parent company, will be allowed to participate in the Request for 
Referendum. Since these contract growers produce hogs and pigs for sale 
in commerce and their livelihoods depend on raising hogs and pigs, they 
are considered producers for purposes of this Request for Referendum 
and will be eligible to participate.

What is the eligible age for producers and importers?

    In order to remain consistent with other USDA agencies, such as the 
FSA, AMS has also determined that individuals must be of legal voting 
age in order to participate. This is also consistent with the 2008 NASS 
report, ``Farms, Land in Farms, and Livestock Operations,'' which 
reports a total number of farm operations with hogs and pigs that 
includes contract growers but excludes youth projects.

What proof or supporting documentation must be submitted to FSA?

    Producers must submit completed form LS 54-1 and supporting 
documentation, including sales receipts, feed and veterinary bills, 
etc.* * *, to the appropriate county FSA office as proof of 
eligibility. Importers must submit completed form LS 54-1, Customs Form 
7501, and any other supporting documentation as needed, that 
demonstrates the importation of hogs, pigs, pork, or pork products as 
proof of eligibility. Participants will also have to certify this 
information on an official form.

Where do producers and importers participate?

    Producers will participate at the county FSA office where FSA 
maintains and processes the producer's administrative farm records or 
at the county FSA office serving the county where the producer owns or 
rents land. A person engaged in production of hogs or pigs in the 
United States for sale in commerce who operates in more than one county 
will participate in the county FSA office where the person does most of 
his or her business. Importers will participate through USDA's AMS. 
Importers may obtain and return the LS-54-1 form through the Marketing 
Programs Branch, Livestock and Seed Program, AMS, USDA or via the 
Internet at http://www.ams.usda.gov/LSMarketingPrograms.

Where do I obtain Form LS-54-1?

    Producers: Form LS-54-1 may be obtained by mail, fax, or in person 
from the county FSA offices or on USDA's Web site at http://www.ams.usda.gov/LSMarketingPrograms.
    Importers: Form LS-54-1 may be obtained via mail, facsimile, or 
telephone from Kenneth R. Payne, Chief, Marketing Programs, Livestock 
and Seed Program, AMS, USDA, Room 2628-S, STOP 0251, 1400 Independence 
Avenue, SW., Washington, DC 20250-0251; Telephone: 202-720-1115; Fax: 
(202) 720-1125; via e-mail at [email protected]; or via the 
Internet at http://www.ams.usda.gov/LSMarketingPrograms.

Where do I return Form LS-54-1?

    Producers: Completed form LS 54-1 and supporting documentation must 
be returned to the county FSA office where FSA maintains and processes 
the producer's administrative farm records,

[[Page 30042]]

or at the county FSA office serving the county where the producer owns 
or rents land. A producer engaged in production of hogs or pigs in the 
United States for sale in commerce who operates in more than one county 
will participate in the county FSA office where the producer conducts 
most of his or her business. Completed form and supporting 
documentation, such as sales receipts, feed and veterinary bills, etc. 
* * *, must be returned to county FSA offices by fax or in person no 
later than the last day of voting period or, if returned by mail, they 
must be postmarked by the last day of the voting period.
    Importers: Completed form LS 54-1, Customs Form 7501, and 
supporting documentation as needed must be returned to AMS by fax at 
(202) 720-1125, or in person no later than the last day of voting 
period or, if returned by mail, they must be postmarked by the last day 
of the voting period. Importers must use a form of express mail service 
if returning forms via mail to Kenneth R. Payne, Chief, Marketing 
Programs, Livestock and Seed Program, AMS, USDA, Room 2628-S, STOP 
0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251.

How do I locate the nearest county FSA office?

    Eligible producers can determine the location of county FSA offices 
by contacting the nearest county FSA office, the State FSA office, or 
on FSA's Web site at http://www.fsa.usda.gov/pas/default.asp. From the 
options available on this Web page select ``Contact Us'' and locate the 
service center closest to you. Some county FSA offices service multiple 
counties.

What is FSA's role in the Request for Referendum?

    FSA will coordinate State and county FSA roles in conducting the 
Request for Referendum by (1) Confirming producer eligibility, (2) 
canvassing and counting requests, and (3) reporting the results to AMS.

What action will cause a referendum?

    If the Request for Referendum indicates that 15 percent of the 
total number of eligible producers and importers want a referendum on 
the Pork Checkoff Program, it will be conducted within 1 year after the 
results of the survey are announced. If results of the Request for 
Referendum indicate that a referendum is not supported, a referendum 
would not be conducted.

Paperwork Reduction Act

    Form LS 54-1 is being submitted to the Office of Management and 
Budget for approval to determine if producers and importers want a 
referendum.
    In accordance with the PRA [44 U.S.C. 3501 et seq.], this notice 
announces that AMS is requesting approval from the Office of Management 
and Budget (OMB) for a new information collection.
    Title: Pork Promotion, Research, and Consumer Information Program 
Procedures to Hold a Request for Referendum.
    OMB Number: 0581-NEW.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average .2 hours per response.
    Respondents: Pork producers and importers.
    Estimated Number of Respondents: 7,500.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 1,500 total hours.
    Abstract: The purpose of this Notice is to provide producers and 
importers who have been engaged in pork production in the United States 
for sale in commerce or the importation of hogs, pigs, pork or pork 
products the opportunity to participate in a nationwide Request for 
Referendum. This Notice will require eligible producers and importers 
to complete Form LS-54-1 in its entirety. The form will require 
signature to certify that the signatory either is in the business of 
producing hogs and pigs in the United States for sale in commerce or in 
the business of importing hogs, pigs, pork or pork products into the 
United States. In addition, participants must be 18 years of age or 
older prior to the conclusion of the representative period. 
Participating in the Request for Referendum is voluntary and will 
indicate that participant desires a referendum on the Pork Checkoff 
Program. Only those producers or importers who want a referendum on the 
Pork Checkoff Program should participate. Producers must submit 
completed form LS 54-1 and supporting documentation, including sales 
receipts, feed and veterinary bills, etc.* * *, as proof of 
eligibility. Importers must submit completed form LS 54-1, Customs Form 
7501, or any other supporting documentation as needed that demonstrates 
the importation of hogs, pigs, pork, or pork products as proof of 
eligibility.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of functions of the 
proposed Order and the USDA's oversight of the program, including 
whether the information will have practical utility; (b) the accuracy 
of USDA's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumption 
used; (c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on those who are to respond, including the 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology.

    Dated: May 16, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-11554 Filed 5-22-08; 8:45 am]
BILLING CODE 3410-02-P