[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Proposed Rules]
[Page 25543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07725]


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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. 89, No. 71 / Thursday, April 11, 2024 / 
Proposed Rules  

[[Page 25543]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1223

[Doc. No. AMS-SC-23-0078]


Pecan Promotion, Research, and Information Order: Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification of referendum.

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SUMMARY: Notice is hereby given of a referendum to be conducted among 
eligible producers and importers of pecans to determine whether they 
favor continuance of the Agricultural Marketing Service's (AMS) 
regulations regarding a national pecan research and promotion program.

DATES: This referendum will be conducted by mail and electronic ballot 
from May 10, 2024, through June 10, 2024. Ballots delivered to AMS via 
mail or electronic ballot must show proof of delivery by no later than 
11:59 p.m. Eastern Time on June 10, 2024, to be counted.

ADDRESSES: Copies of the Pecan Promotion, Research, and Information 
Order may be obtained from: Referendum Agents, Market Development 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244, Telephone: (202) 
720-8085 or contact Matthew Collins at (972) 210-9109 or via Email: 
[email protected], or Katie Cook at (202) 617-4760 or via 
Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Matthew Collins, Marketing Specialist, 
Market Development Division, SCP, AMS, USDA, 1400 Independence Avenue 
SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244, Matthew Collins 
(972) 210-9109 or via Email: [email protected] or Katie Cook, 
Marketing Specialist, Market Development Division, SCP, AMS, USDA, 1400 
Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-
0244, Katie Cook (202) 617-4760 or via Email: [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 Pecan Promotion, Research, and Information Order 
(Order) (7 CFR part 1223) is favored by eligible producers and 
importers of pecans covered under the program. The Order is authorized 
under the Act. The Order is administered by the American Pecan 
Promotion Board (Board) with oversight by the U.S. Department of 
Agriculture (USDA).
    The representative period for establishing voter eligibility for 
the referendum shall be the period from October 1, 2022, through 
September 30, 2023. Persons who are producers or importers who have 
produced or imported 50,000 pounds of inshell pecans (25,000 pounds of 
shelled pecans) during the representative period are eligible to vote 
in the referendum. Persons who received an exemption from assessments 
pursuant to Sec.  1223.53 for the entire representative period are 
ineligible to vote. AMS will provide the option for electronic 
balloting. The referendum will be conducted by mail and electronic 
ballot from May 10 through June 10, 2024. Further details will be 
provided in the ballot instructions.
    Section 518 of the Act (7 U.S.C. 7417) authorizes required 
referenda. Under Sec.  1223.71(a)(1) of the Order, the USDA must 
conduct a referendum not later than three years after assessments first 
begin. The program became effective on February 12, 2021, with the 
collection of assessments, as required by Sec. Sec.  1223.52 and 
1223.53, and compliance with reporting and recordkeeping requirements 
under Sec. Sec.  1223.60 and 1223.61, beginning on October 1, 2021. 
USDA would continue the Order, if continuance is favored by a majority 
of producers and importers voting in the referendum, and who, during 
the representative time period engaged in the production or importation 
of pecans.
    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. 0581-0328. It is 
estimated that approximately 725 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

    Matthew Collins, Marketing Specialist; Katie Cook, Marketing 
Specialist; and Alexandra Caryl, Branch Chief, Market Development 
Division, SCP, 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 
1223.100 through 1223.107, which were issued pursuant to the Act, shall 
be used to conduct the referendum.
    The referendum agents will mail or provide electronically the 
ballots to be cast in the referendum and voting instructions to all 
known, eligible producers and importers prior to the first day of the 
voting period. Any eligible producers or importers who do not receive a 
ballot should contact a referendum agent no later than three days 
before the end of the voting period. Ballots delivered via mail or 
electronic ballot must show proof of delivery by no later than 11:59 
p.m. Eastern Time on June 10, 2024, to be counted.

List of Subjects in 7 CFR Part 1223

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Pecan promotion, Nuts, 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. 2024-07725 Filed 4-10-24; 8:45 am]
BILLING CODE P