[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Proposed Rules]
[Pages 7830-7831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3601]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1216

[Document Number AMS-FV-08-0065; FV-08-703]


Peanut Promotion, Research and Information Order; Continuance 
Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum Order.

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SUMMARY: This notice directs that a referendum be conducted among the 
eligible producers of peanuts to determine whether they favor 
continuance of the Peanut Promotion, Research and Information Order 
(Order).

DATES: This referendum will be conducted from April 2, 2009, through 
April 30, 2009. To vote in this referendum, producers must have paid 
assessments on peanuts produced during the representative period from 
January 1, 2008, to December 31, 2008.

ADDRESSES: Copies of the Order may be obtained from: Referendum Agent, 
Research and Promotion Branch (RPB), Fruit and Vegetable Programs 
(FVP), AMS, USDA, Stop 0244, Room 0632-S, 1400 Independence Avenue, 
SW., Washington, DC 20250-0244, telephone: 888-720-9917 (toll free), 
facsimile: 202-205-2800, e-mail: [email protected].

[[Page 7831]]


SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion, 
Research and Information Act of 1996 (7 U.S.C. 7411-7425) (Act), it is 
hereby directed that a referendum be conducted to ascertain whether 
continuance of the Order is favored by producers of peanuts covered 
under the program. The Order is authorized under the Act.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from January 1, 2008, to December 
31, 2008. Persons who are producers of peanuts and paid assessments at 
the time of the referendum and during the representative period are 
eligible to vote. Persons who received an exemption from assessments 
for the entire representative period are ineligible to vote. The 
referendum shall be conducted by mail from April 2, 2009, through April 
30, 2009.
    Section 518 of the Act authorizes continuance referenda. Under 
section 1216.82 of the Order, the Department of Agriculture 
(Department) shall conduct a referendum every five years or when 10 
percent or more of the eligible voters petition the Secretary of 
Agriculture to hold a referendum to determine if persons subject to 
assessment favor continuance of the Order. The Department would 
continue the Order if continuance of the Order is approved by a simple 
majority of the producers voting in the referendum.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the referendum ballot has been approved by the Office of 
Management and Budget (OMB) and assigned OMB NO. 0581-0093. It has been 
estimated that there are approximately 10,840 producers who will be 
eligible to vote in the referendum. It will take an average of 15 
minutes for each voter to read the voting instructions and complete the 
referendum ballot.

Referendum Order

    Jeanette Palmer and Sonia Jimenez, RPB, FVP, AMS, USDA, Stop 0244, 
Room 0632-S, 1400 Independence Avenue, SW., Washington, DC 20250-0244, 
are designated as the referendum agents to conduct this referendum. The 
referendum procedures 7 CFR 1216.100 through 1216.107, which were 
issued pursuant to the Act, shall be used to conduct the referendum.
    The referendum agents will mail the ballots to be cast in the 
referendum and voting instructions to all known producers prior to the 
first day of the voting period. Persons who are producers and paid 
assessments at the time of the referendum and during the representative 
period are eligible to vote. Persons who received an exemption from 
assessments during the entire representative period are ineligible to 
vote. Any eligible producer who does not receive a ballot should 
contact the referendum agent no later than one week before the end of 
the voting period. Ballots must be received by the referendum agent by 
the April 30, 2009 deadline, in order to be counted.

List of Subjects in 7 CFR Part 1216

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

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

    Dated: February 13, 2009.
James E. Link,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-3601 Filed 2-19-09; 8:45 am]
BILLING CODE 3410-02-P