[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.

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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.

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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: <a href="/cdn-cgi/l/email-protection#3f69565c4b504d565e72117c5e4d4f5a514b5a4d7f4a4c5b5e11585049"><span class="__cf_email__" data-cfemail="0e58676d7a617c676f43204d6f7c7e6b607a6b7c4e7b7d6a6f20696178">[email protected]</span></a> or Deanna Bakken 
at (970) 652-0923 or Email: <a href="/cdn-cgi/l/email-protection#8aceefebe4e4eba4c8ebe1e1efe4cafff9eeeba4ede5fc"><span class="__cf_email__" data-cfemail="de9abbbfb0b0bff09cbfb5b5bbb09eabadbabff0b9b1a8">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#07516e647368756e664a29446675776269736275477274636629606871"><span class="__cf_email__" data-cfemail="792f101a0d160b101834573a180b091c170d1c0b390c0a1d18571e160f">[email protected]</span></a>.

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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