[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Proposed Rules]
[Pages 54945-54946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17547]


 ========================================================================
 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. 85, No. 172 / Thursday, September 3, 2020 / 
Proposed Rules  

[[Page 54945]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1222

[Document No. AMS-SC-19-0110]


Paper and Paper-Based Packaging Promotion, Research and 
Information Order; Continuance Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification of referendum order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible domestic manufacturers and importers of paper and paper-based 
packaging to determine whether they favor continuance of the 
Agricultural Marketing Service's (AMS) regulations regarding a national 
paper and paper-based packaging research and promotion program.

DATES: This referendum will be conducted by express mail and electronic 
ballot from October 12, 2020, through October 23, 2020. Persons who 
domestically manufactured and imported 100,000 short tons or more of 
paper and paper-based packaging during the representative period from 
January 1 through December 31, 2019, are eligible to vote in the 
referendum. Ballots delivered to AMS via express mail or email must 
show proof of delivery by no later than 11:59 p.m. Eastern Time (ET) on 
October 23, 2020.

ADDRESSES: Copies of the Paper and Paper-Based Packaging Promotion, 
Research, and Information Order may be obtained from: Referendum Agent, 
Promotion and Economics Division (PED), Specialty Crops Program (SCP), 
AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, 
Washington, DC 20250-0244, telephone: (202) 720-9915; facsimile: (202) 
205-2800.

FOR FURTHER INFORMATION CONTACT: Stacy Jones King, Marketing 
Specialist, Promotion and Economics Division, Specialty Crops Program, 
AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, 
Washington, DC 20250-0244; Stacy Jones King at (202) 720-4140 or via 
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 Paper and Paper-Based packaging Research, 
Promotion, Consumer Education and Industry Information Order (7 CFR 
part 1222) is favored by eligible domestic manufacturers and importers 
of paper and paper-based packaging. The program is authorized under the 
1996 Act.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from January 1 through December 31, 
2019. Persons who domestically manufactured and imported 100,000 short 
tons or more of paper and paper-based packaging during the 
representative period are eligible to vote in the referendum. Persons 
who received an exemption from assessments pursuant to Sec.  1222.53 
for the entire representative period are ineligible to vote. The 
Department will provide the option for electronic balloting. The 
referendum will be conducted by express mail and electronic ballot from 
October 12 through October 23, 2020. Further details will be provided 
in the ballot instructions.
    The program took effect in 2013. Section 518 of the 1996 Act (7 
U.S.C. 7417) authorizes continuance referenda. Under Sec.  1222.81(b) 
of the Order, the U.S. Department of Agriculture (USDA) must conduct a 
referendum no later than seven years after the program became effective 
and every seven years thereafter or when 10 percent or more of persons 
eligible to vote petition the Secretary of Agriculture to hold a 
referendum to determine if persons subject to assessment favor 
continuance of the program. USDA would continue the program if 
continuance is favored by a majority of domestic manufacturers and 
importers of paper and paper-based packaging voting in the referendum 
who also represent a majority of the volume of paper and paper-based 
packaging represented 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 40 entities 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

    Stacy Jones King, Agricultural Marketing Specialist, and Heather 
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 1222.100 
through 1222.108, which were issued pursuant to the 1996 Act, shall be 
used to conduct the referendum.
    The referendum agents will express mail or email the ballots to be 
cast in the referendum and voting instructions to all known, eligible 
domestic manufacturers and importers prior to the first day of the 
voting period. Persons who domestically manufactured and imported 
100,000 short tons or more of paper and paper-based packaging during 
the representative period are eligible to vote. Persons who received an 
exemption from assessments pursuant to Sec.  1222.53 during the entire 
representative period are ineligible to vote. Any eligible domestic 
manufacturer or importer who does not receive a ballot should contact a 
referendum agent no later than one week before the end of the voting 
period. Ballots delivered via express mail or email must show proof of 
delivery by no later than 11:59 p.m. Eastern Time (ET) on October 23, 
2020.

List of Subjects in 7 CFR Part 1222

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Promotion, Reporting and 
recordkeeping requirements, Paper and Paper-based Packaging.


[[Page 54946]]


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

Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-17547 Filed 9-2-20; 8:45 am]
BILLING CODE 3410-02-P