[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48141-48142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15826]


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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. 88, No. 142 / Wednesday, July 26, 2023 / 
Proposed Rules  

[[Page 48141]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1222

[Doc. No. AMS-SC-23-0013]


Paper and Paper-Based Packaging Promotion, Research, and 
Information Order; Continuance 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 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 6, 2023, through October 20, 2023. To be eligible 
to vote, persons who are currently domestic manufacturers and importers 
and 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, 2022, are eligible to vote 
in the referendum. Ballots delivered to AMS via express mail or 
electronic ballot must show proof of delivery by no later than 11:59 
p.m. Eastern Time on October 20, 2023.

ADDRESSES: Copies of the Paper and Paper-Based Packaging Promotion, 
Research, and Information Order may be obtained from: Referendum Agent, 
Market Development Division, Specialty Crops Program (SCP), AMS, USDA, 
1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 
20250-0244, telephone: (202) 720-8085 or contact Marlene Betts at (202) 
494-6633 or via electronic mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Marlene Betts, Marketing Specialist, 
Market Development Division, SCP, AMS, USDA, 1400 Independence Avenue 
SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; Marlene Betts 
(202) 494-6633 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) (Act), it is 
hereby directed that a referendum be conducted to ascertain whether 
continuance of the Paper and Paper-Based Packaging Promotion, Research 
and Information Order (Order) (7 CFR part 1222) is favored by eligible 
domestic manufacturers and importers of paper and paper-based packaging 
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 through December 31, 
2022. Persons who are currently domestic manufacturers and have 
domestically manufactured 100,000 short tons or more of paper and 
paper-based packaging and persons who are currently importers and have 
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 U.S. Department of Agriculture will provide the option for 
electronic balloting. The referendum will be conducted by express mail 
and electronic ballot from October 6 through October 20, 2023. Further 
details will be provided in the ballot instructions.
    Section 518 of the Act (7 U.S.C. 7411-7425) authorizes continuance 
referenda. Under Sec.  1222.81(b) of the Order, USDA must conduct a 
referendum no later than seven years after the program became effective 
and every seven years thereafter; at the request of the Board 
established in this Order; at the request of 10 percent or more of the 
number of persons eligible to vote in a referendum as set forth under 
the Order; or at any time as determined by the Secretary to determine 
if persons subject to assessment favor continuance of the program. The 
program was established in 2014 and the last referendum was held in 
September 2020. The Paper and Packaging Board (Board) unanimously voted 
at its November 2022 meeting to conduct a referendum in October 2023. 
Therefore, at the Board's request, a continuance referendum is being 
conducted before the next scheduled referendum. USDA would continue the 
Order 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 and who, during the 
period of January 1 through December 31, 2022, have been engaged in the 
manufacturing and importation of paper and paper-based packaging.
    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

    Marlene Betts, Marketing Specialist, and Alexandra Caryl, Branch 
Chief, Mid-Atlantic Region Branch, Market Development Division, 
Specialty Crops Program, AMS, are hereby 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 Act, shall 
be used to conduct the referendum.
    The referendum agents will express mail or provide electronically 
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 are currently domestic 
manufacturers and importers and 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 from January 1 through December 31, 
2022, are ineligible to vote. Any eligible

[[Page 48142]]

domestic manufacturer or importer who does not receive a ballot should 
contact a referendum agent no later than three days before the end of 
the voting period. Ballots delivered via express mail or electronic 
ballot show proof of delivery by no later than 11:59 p.m. Eastern Time 
on October 20, 2023.

List of Subjects in 7 CFR Part 1222

    Administrative practice and procedure, Advertising, Labeling, 
Marketing agreements, Reporting and recordkeeping requirements.

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

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-15826 Filed 7-25-23; 8:45 am]
BILLING CODE 3410-02-P