[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Proposed Rules]
[Page 7830-7831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe09-29]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1216
[Document Number AMS-FV-08-0065; FV-08-703]
Peanut Promotion, Research and Information Order; Continuance
Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum Order.
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SUMMARY: This notice 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 April 2, 2009, through
April 30, 2009. To vote in this referendum, producers must have paid
assessments on peanuts produced during the representative period from
January 1, 2008, to December 31, 2008.
ADDRESSES: Copies of the Order may be obtained from: Referendum Agent,
Research and Promotion Branch (RPB), Fruit and Vegetable Programs
(FVP), AMS, USDA, Stop 0244, Room 0632-S, 1400 Independence Avenue,
SW., Washington, DC 20250-0244, telephone: 888-720-9917 (toll free),
facsimile: 202-205-2800, e-mail: Jeanette.Palmer@usda.gov.
[[Page 7831]]
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 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, 2008, to December
31, 2008. 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 April 2, 2009, through April
30, 2009.
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 10,840 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
Jeanette Palmer and Sonia Jimenez, RPB, FVP, AMS, USDA, Stop 0244,
Room 0632-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 by
the April 30, 2009 deadline, in order to be counted.
List of Subjects in 7 CFR Part 1216
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Peanut promotion, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.
Dated: February 13, 2009.
James E. Link,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-3601 Filed 2-19-09; 8:45 am]
BILLING CODE 3410-02-P