[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Proposed Rules]
[Page 8627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04344]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 84, No. 47 / Monday, March 11, 2019 / 
Proposed Rules  

[[Page 8627]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1214

[Document No. AMS-SC-18-0104]


Christmas Tree Promotion Research, and Information Order; 
Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification of referendum.

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SUMMARY: This document directs that a referendum be conducted among 
eligible producers and importers of Christmas trees to determine 
whether they favor continuance of the Agricultural Marketing Service's 
(AMS) regulations regarding a national Christmas tree research and 
promotion program.

DATES: The referendum will be conducted by mail ballot from April 22 
through May 17, 2019. The U.S. Department of Agriculture (Department) 
will provide the option for ballots to be returned electronically. 
Further details will be provided in the ballot instructions. Mail 
ballots must be postmarked by May 17, 2019. Ballots returned via 
express mail or electronic mail must show proof of delivery by no later 
than 11:59 p.m. Eastern Time (ET) on May 17, 2019 to be counted.

ADDRESSES: Copies of the Christmas tree program may be obtained from: 
Referendum Agent, Promotion and Economics Division, Specialty Crops 
Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 
0244, Washington, DC 20250-0244, telephone: (202) 720-9915; facsimile: 
(202) 205-2800; or contact Patricia Petrella at (202) 720-9915 or via 
electronic mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Patricia Petrella, Deputy Director, 
Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 
1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 
20250-0244; telephone: (202) 720-9915, facsimile: (202) 205-2800; or 
electronic mail: [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion, 
Research, and Information Act of 1996 (7 U.S.C. 7411-7425) (1996 Act), 
it is hereby directed that a referendum be conducted to ascertain 
whether continuance of the Christmas Tree Promotion, Research, and 
Information Order (7 CFR part 1214) (Order) is favored by eligible 
domestic producers and importers of Christmas trees. The Order is 
authorized under the 1996 Act.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from September 1, 2018 through March 
15, 2019. Persons who domestically produced or imported more than 500 
trees during the representative period and were subject to assessments 
during that period are eligible to vote. Persons who received an 
exemption from assessments pursuant to Sec.  1214.53 for the entire 
representative period are ineligible to vote. The referendum will be 
conducted by mail and email ballot from April 22 through May 17, 2019. 
The Department will provide the option for ballots to be returned 
electronically. Further details will be provided in the ballot 
instructions.
    Section 518 of the 1996 Act (7 U.S.C. 7417) authorizes required 
referenda. Under Sec.  1214.81(a) of the Order, the Department must 
conduct a referendum not later than three years after assessments first 
begin under the order to determine whether persons subject to 
assessment favor continuance of the program. The Board conducted this 
required referendum in May 2018, passing by a narrow margin. In 
addition, the Order allows for a referendum to be conducted at any time 
as determined by the Secretary (7 CFR 1214.81(b)(5)). As such, due to 
the close results of the 2018 referendum, the Department is announcing 
the conduct of this referendum. The Department will continue the 
program if it is favored by a majority of producers and importers of 
Christmas trees 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 approximately 1,200 entities would 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.
    Patricia Petrella, Deputy Director, and Heather M. Pichelman, 
Director, Promotion and Economics Division, Specialty Crops Program, 
AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue SW, 
Washington, DC 20250-0244, are designated as the referendum agents to 
conduct this referendum. The referendum procedures at 7 CFR 1214.100 
through 1214.108, which were issued pursuant to the 1996 Act, shall be 
used to conduct the referendum.
    The referendum agent will distribute the ballots to be cast in the 
referendum and voting instructions by U.S. mail, FedEx, or through 
electronic mail to all known, eligible domestic producers and importers 
prior to the first day of the voting period. Persons who domestically 
produced or imported 500 or more Christmas trees during the 
representative period, and were subject to assessment during that 
period, are eligible to vote. Persons who received an exemption from 
assessments pursuant to Sec.  1214.53 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 as soon 
as possible. Ballots delivered to the Department via regular U.S. mail 
must be postmarked by May 17, 2019. Ballots delivered to the Department 
via express mail or electronic mail must show proof of delivery by no 
later than 11:59 p.m. Eastern Time (ET) on May 17, 2019.

List of Subjects in 7 CFR Part 1214

    Administrative practice and procedure, Advertising, Consumer 
information, Christmas trees, Marketing agreements, Reporting and 
recordkeeping requirements.

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

    Dated: March 6, 2019.
Erin Morris,
Associate Administrator.
[FR Doc. 2019-04344 Filed 3-8-19; 8:45 am]
BILLING CODE 3410-02-P