[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Proposed Rules]
[Page 16324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6827]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1218

[Doc. No. AMS-FV-10-0095]


Blueberry Promotion, Research, and Information Order; Continuance 
Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible producers and importers of highbush blueberries to determine 
whether they favor continuance of the Blueberry Promotion, Research, 
and Information Order (Order).

DATES: This referendum will be conducted by mail ballot from July 5, 
2011, through July 26, 2011. To be eligible to vote in this referendum, 
blueberry producers and importers must have produced or imported 2,000 
pounds or more of highbush blueberries annually during the 
representative period of January 1, 2010, through December 31, 2010. 
Ballots must be received by the referendum agents no later than the 
close of business on July 26, 2011, to be counted.

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), 
fax: 202-205-2800, e-mail: [email protected]; or at http://www.ams.usda.gov/fvpromotion.

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 eligible producers and importers 
of highbush blueberries. The Order is authorized under the Act.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from January 1, 2010, through 
December 31, 2010. Persons who produced or imported 2,000 pounds or 
more of highbush blueberries during the representative period are 
eligible to vote in the referendum. Persons who received an exemption 
from assessments for the entire representative period are ineligible to 
vote. The referendum shall be conducted by mail ballot from July 5, 
2011, through July 26, 2011.
    Section 518 of the Act authorizes continuance referenda. Under 
section 1218.71(b) 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 whether persons subject 
to assessment favor continuance of the Order. The Department would 
continue the Order if continuance of the Order is approved by a 
majority of the producers and importers voting in the referendum, who 
also represent a majority of the volume of blueberries produced or 
imported during the representative period determined by the Secretary.
    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 2,000 producers and 50 importers 
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

    Veronica Douglass, RPB, FVP, AMS, USDA, Stop 0244, Room 0632-S, 
1400 Independence Avenue, SW., Washington, DC 20250-0244, is designated 
as the referendum agent to conduct this referendum. The referendum 
procedures 7 CFR 1218.100 through 1218.107, 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 highbush blueberry 
producers and importers of 2,000 pounds or more prior to the first day 
of the voting period. Persons who are producers and importers 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 or importer 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 5 p.m. Eastern Daylight Savings Time, July 26, 
2011, in order to be counted.

List of Subjects in 7 CFR Part 1218

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

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

    Dated: March 16, 2011.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-6827 Filed 3-22-11; 8:45 am]
BILLING CODE 3410-02-P