[Federal Register: April 21, 2004 (Volume 69, Number 77)]
[Proposed Rules]               
[Page 21439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap04-12]                         

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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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[[Page 21439]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1216

[Docket No. FV-04-701]

 
Peanut Promotion, Research and Information Order; Continuance 
Referendum

AGENCY: Agricultural Marketing Service, Agriculture.

ACTION: Notice of a Continuance Referendum.

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SUMMARY: This document directs that a referendum be conducted among the 
eligible producers of peanuts to determine whether they favor 
continuance of the Peanut Promotion, Research and Information Order 
(Order).

DATES: This referendum will be conducted from May 10, 2004 through June 
11, 2004. To vote in this referendum, producers must have paid 
assessments on peanuts produced during the representative period from 
October 1, 2002 to April 30, 2004.

ADDRESSES: Copies of the Order may be obtained from: Referendum Agent, 
Research and Promotion Branch (RP), Fruit and Vegetable Programs (FV), 
AMS, USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, SW., 
Washington, DC 20250-0244, telephone (888) 720-9917 (toll free), fax 
(202) 205-2800, e-mail deborah.simmons@usda.gov.

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 Order is favored by producers of peanuts. The Order 
is authorized under the Act.
    The representative period for establishing voter eligibility for 
the referendum shall be the period from October 1, 2002 to April 30, 
2004. Persons who are producers of peanuts and paid assessments at the 
time of the referendum and during the representative period are 
eligible to vote. Persons who received an exemption from assessments 
for the entire representative period are ineligible to vote. The 
referendum shall be conducted by mail from May 10, 2004 through June 
11, 2004.
    Section 518 of the Act authorizes continuance referenda. Under 
section 1216.82 of the order, the Department of Agriculture 
(Department) shall conduct a referendum every five years or when 10 
percent or more of the eligible voters petition the Secretary of 
Agriculture to hold a referendum to determine if persons subject to 
assessment favor continuance of the Order. The Department would 
continue the Order if continuance of the Order is approved by a simple 
majority of the producers 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 there are approximately 17,000 producers who 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

    Deborah S. Simmons and Margaret B. Irby, RP, FV, AMS, USDA, Stop 
0244, Room 2535-S, 1400 Independence Avenue, SW., Washington, DC 20250-
0244, are designated as the referendum agents to conduct this 
referendum. The referendum procedures 7 CFR 1216.100 through 1216.107, 
which were issued pursuant to the Act, shall be used to conduct the 
referendum.
    The referendum agents will mail the ballots to be cast in the 
referendum and voting instructions to all known producers prior to the 
first day of the voting period. Persons who are producers and paid 
assessments at the time of the referendum and during the representative 
period are eligible to vote. Persons who received an exemption from 
assessments during the entire representative period are ineligible to 
vote. Any eligible producer who does not receive a ballot should 
contact the referendum agent no later than one week before the end of 
the voting period. Ballots must be received by the referendum agent 
after May 10, 2004 but before June 11, 2004, in order to be counted.

    Dated: April 19, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-9134 Filed 4-19-04; 1:01 pm]

BILLING CODE 3410-02-P