[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
________________________________________________________________________
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