[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]
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