Peanut Promotion, Research, and Information Order; Continuance Referendum

Published date20 February 2024
Record Number2024-03371
Citation89 FR 12758
CourtAgricultural Marketing Service
SectionProposed rules
Federal Register, Volume 89 Issue 34 (Tuesday, February 20, 2024)
[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
                [Proposed Rules]
                [Page 12758]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-03371]
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                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                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.
                ========================================================================
                Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 /
                Proposed Rules
                [[Page 12758]]
                DEPARTMENT OF AGRICULTURE
                Agricultural Marketing Service
                7 CFR Part 1216
                [Doc. No. AMS-SC-23-0060]
                Peanut Promotion, Research, and Information Order; Continuance
                Referendum
                AGENCY: Agricultural Marketing Service, USDA.
                ACTION: Notification of referendum.
                -----------------------------------------------------------------------
                SUMMARY: This document directs that a referendum be conducted among
                eligible producers of peanuts to determine whether they favor
                continuance of the Agriculture Marketing Service's (AMS) regulations
                regarding a national peanut research and promotion program.
                DATES: This referendum will be conducted from April 8, 2024, through
                April 19, 2024. Eligible persons will receive a ballot through mail and
                will cast a ballot either through express mail or electronic ballot. To
                be eligible to vote, each person who is an eligible producer, at the
                time of the referendum and during the representative period from
                January 1 through December 31, 2022, shall be entitled to cast a ballot
                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 (ET) on April 19, 2024, to be counted.
                ADDRESSES: Copies of the Peanut Promotion, Research, and Information
                Order (Order) may be obtained from: Referendum Agent, 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 Victoria M. Carpenter at
                (202) 400-1865 or Email: [email protected] or Deanna Bakken
                at (970) 652-0923 or Email: [email protected].
                FOR FURTHER INFORMATION CONTACT: Victoria M. Carpenter, Marketing
                Specialist, MDD, SCP, AMS, USDA, 1400 Independence Avenue SW, Room
                1406-S, Stop 0244, Washington, DC 20250-0244; Telephone: (202) 400-
                1865; or 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 Order (7 CFR part 1216) is favored by eligible
                peanut producers covered under the program. The Order is authorized
                under the Act.
                 The representative period for establishing voter eligibility for
                the referendum is January 1 through December 31, 2022. Persons who are
                engaged in the production and sale of peanuts at the time of the
                referendum and during the representative period are eligible to vote.
                Persons who received an exemption from assessments pursuant to Sec.
                1216.56 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 April 8, 2024,
                through April 19, 2024. Further details will be provided in the ballot
                instructions.
                 Section 518 of the Act authorizes continuance referenda. Under
                Sec. 1216.82(b) of the Order, the U.S. Department of Agriculture
                (USDA) must conduct a referendum every five years. The Secretary of
                Agriculture (Secretary) may also hold a referendum if 10 percent or
                more of all eligible peanut producers request that the Secretary do so,
                or at any time to determine whether persons subject to assessment favor
                continuance of the program. The last referendum was held in 2019. The
                Board voted to conduct the next referendum in April 2024. USDA would
                continue the Order if continuance is favored by a simple majority of
                the producers voting in the referendum and who, during the
                representative period January 1 through December 31, 2022, have been
                engaged in the production of peanuts.
                 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. There are
                approximately 6,702 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
                 Victoria M. Carpenter, Marketing Specialist; Deanna Bakken,
                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 1216.100 through 1216.107, which were issued
                pursuant to the Act, shall be used to conduct the referendum.
                 The referendum agent will mail or provide access electronically to
                the ballots to be cast in the referendum and voting instructions to all
                known, eligible producers prior to the first day of the voting period.
                Any eligible producer who does not receive a ballot should contact the
                referendum agent no later than three days before the end of the voting
                period. Ballots delivered via express mail or electronic ballot must
                show proof of delivery by no later than 11:59 p.m. ET on April 19,
                2024, to be counted.
                List of Subjects in 7 CFR Part 1216
                 Administrative practice and procedure, Advertising, Information,
                Marketing agreements, Peanuts, Reporting and recordkeeping
                requirements.
                 Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
                Erin Morris,
                Associate Administrator, Agriculture Marketing Service.
                [FR Doc. 2024-03371 Filed 2-16-24; 8:45 am]
                BILLING CODE 3410-02-P
                

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