Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56817 

weekend or a holiday, the due date will 

be the first business day after the tenth 

day of the month. These changes are 

expected to benefit handlers by 

providing additional time to complete 

and submit reports and assessments 

without negatively affecting program 

compliance. Authority for these changes 

is provided for in sections 955.60 and 

955.42. 

It is not anticipated that this action 

will impose any additional costs on the 

industry. This action relaxes the current 

due dates for monthly reports and 

assessments, which should benefit all 

businesses. Handlers may see reduced 

costs as they have more time to submit 

reports without accruing late payment 

penalties. The effects of this rule are 

expected to benefit both large and small 

entities. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178, Generic 

Vegetable Crops. No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Vidalia onion handlers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. In 

addition, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Vidalia onion industry. All interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the August 9, 2012, meeting 

was a public meeting. All entities, both 

large and small, were able to express 

their views on this issue. 

Comments on the interim rule were 

required to be received on or before July 

15, 2013. No comments were received. 

Therefore, for the reasons given in the 

interim rule, we are adopting the 

interim rule as a final rule, without 

change. 

To view the interim rule, go to: http:// 

www.regulations.gov/

#!documentDetail;D=AMS-FV-12-0071- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 28118, May 14, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 955 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

PART 955—VIDALIA ONIONS GROWN 

IN GEORGIA 

Accordingly, the interim rule that 

amended 7 CFR part 955 and that was 

published at 78 FR 28118 on May 14, 

2013, is adopted as a final rule, without 

change. 

Dated: September 10, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–22407 Filed 9–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1222 

[Document Number AMS–FV–11–0069; 

FR–B] 

RIN 0581–AD21 

Paper and Paper-Based Packaging 

Promotion, Research and Information 

Order; Referendum Procedures 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

procedures for conducting a referendum 

to determine whether issuance of a 

proposed Paper and Paper-Based 

Packaging Promotion, Research and 

Information Order (Order) is favored by 

manufacturers (domestic producers) and 

importers of paper and paper-based 

packaging. The procedures will also be 

used for any subsequent referendum 

under the Order. The proposed Order is 

being published separately in this issue 

of the Federal Register. 

DATES: Effective Date: September 17, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Coy, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, 1400 Independence Avenue 

SW., Room 0632–S, Stop 0244, 

Washington, DC 20250–0244; telephone: 

(202) 720–9915 or (888) 720–9917 (toll 

free); or facsimile: (202) 205–2800; or 

electronic mail: mailto: Kimberly.Com@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued pursuant to the Commodity 

Promotion, Research and Information 

Act of 1996 (1996 Act) (7 U.S.C. 7411– 

7425). 

As part of this rulemaking process, 

two proposed rules were published in 

the Federal Register on January 2, 2013. 

One rule pertained to the proposed 

Order (78 FR 188) and a second rule 

pertained to proposed referendum 

procedures (78 FR 212). Both rules 

provided for 60-day comment periods 

ending on March 4, 2013. No comments 

were received regarding the referendum 

procedures. Seventy-five comments 

were received regarding the proposed 

Order. Those comments are addressed 

in another proposed rule published in 

this issue of the Federal Register. 

Executive Order 12866 and Executive 

Order 13563 

This rule regarding proposed 

referendum procedures has been 

determined to be non-significant for 

purposes of Executive Order 12866, as 

supplemented by Executive Order 

13563, and therefore has not been 

reviewed by the Office of Management 

and Budget (OMB). 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. Section 524 of the 

1996 Act provides that it shall not affect 

or preempt any other Federal or state 

law authorizing promotion or research 

relating to an agricultural commodity. 

Under section 519 of the 1996 Act, a 

person subject to an order may file a 

written petition with the U.S. 

Department of Agriculture (USDA) 

stating that an order, any provision of an 

order, or any obligation imposed in 

connection with an order, is not 

established in accordance with the law, 

and request a modification of an order 

or an exemption from an order. Any 

petition filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision, or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The 1996 Act 

provides that the district court of the 

mstockstill on DSK4VPTVN1PROD with RULES

56818 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 

1 Data was compiled by the AF&PA from the 

American Forest & Paper Association’s 51st Annual 

Survey of Paper, Paperboard and Pulp, 2011. 

United States for any district in which 

the petitioner resides or conducts 

business shall have the jurisdiction to 

review a final ruling on the petition, if 

the petitioner files a complaint for that 

purpose not later than 20 days after the 

date of the entry of USDA’s final ruling. 

This rule establishes procedures for 

conducting a referendum to determine 

whether domestic manufacturers and 

importers of paper and paper-based 

packaging favor issuance of a proposed 

paper and paper-based packaging Order. 

The program would cover four types of 

paper and paper-based packaging— 

printing, writing and related paper, kraft 

packaging paper (used for products like 

grocery bags and sacks), containerboard 

(used to make shipping containers and 

related products), and paperboard (used 

for food and beverage packaging, tubes, 

and other miscellaneous products). 

USDA will conduct the referendum. 

The program will be implemented if it 

is favored by a majority of current 

domestic manufacturers and importers 

of paper and paper-based packaging 

voting in the referendum who also 

represent a majority of the volume of 

paper and paper-based packaging 

represented in the referendum. The 

procedures will also be used for any 

subsequent referendum under the 

Order. The proposed Order is being 

published separately in this issue of the 

Federal Register. 

The 1996 Act authorizes USDA to 

establish agricultural commodity 

research and promotion orders which 

may include a combination of 

promotion, research, industry 

information, and consumer information 

activities funded by mandatory 

assessments. These programs are 

designed to maintain and expand 

markets and uses for agricultural 

commodities. As defined under section 

513(1)(D) of the 1996 Act, agricultural 

commodities include the products of 

forestry, which includes paper and 

paper-based packaging. 

The 1996 Act provides for alternatives 

within the terms of a variety of 

provisions. Paragraph (e) of section 518 

of the 1996 Act provides three options 

for determining industry approval of a 

new research and promotion program: 

(1) By a majority of those persons 

voting; (2) by persons voting for 

approval who represent a majority of the 

volume of the agricultural commodity; 

or (3) by a majority of those persons 

voting for approval who also represent 

a majority of the volume of the 

agricultural commodity. In addition, 

section 518 of the 1996 Act provides for 

referenda to ascertain approval of an 

order to be conducted either prior to its 

going into effect or within three years 

after assessments first begin under an 

order. 

USDA received a proposal for a 

national research and promotion 

program for paper and paper-based 

packaging from the Paper and PaperBased Packaging Panel (Panel). The 

Panel is a group of 14 industry members 

that was formed in May 2010 to oversee 

development of the program. The 

American Forest & Paper Association 

(AF&PA), a national trade association, 

provided technical assistance to the 

Panel. The program would be financed 

by an assessment on paper and paperbased packaging domestic 

manufacturers and importers and would 

be administered by a board of industry 

members selected by the Secretary of 

Agriculture (Secretary). The assessment 

rate would initially be $0.35 per short 

ton. (One short ton equals 2,000 

pounds.) Entities that manufacture or 

import less than 100,000 short tons 

annually would be exempt. The purpose 

of the program would be to maintain 

and expand markets for paper and 

paper-based packaging. 

The Panel proposed that a referendum 

be held among eligible domestic 

manufacturers and importers of paper 

and paper-based packaging to determine 

whether they favor implementation of 

the program prior to it going into effect. 

The Panel recommended that the 

program be implemented if it is favored 

by a majority of the domestic 

manufacturers and importers voting in 

the referendum who also represent a 

majority of the volume of paper and 

paper-based packaging represented in 

the referendum. Domestic 

manufacturers and importers who 

produce or import 100,000 short tons or 

more of paper and paper-based 

packaging annually are eligible to vote 

in the referendum. 

Accordingly, this rule adds subpart B 

to part 1222 that establishes procedures 

for conducting the referendum. The 

procedures cover definitions, voting 

instructions, use of subagents, ballots, 

the referendum report, and 

confidentiality of information. The 

procedures are applicable for the initial 

referendum and future referenda. 

Final Regulatory Flexibility Act 

Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS is required to examine the 

impact of this final rule on small 

entities. Accordingly, AMS has 

considered the economic impact of this 

action on small entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be 

disproportionately burdened. The Small 

Business Administration defines, in 13 

CFR part 121, small agricultural 

producers as those having annual 

receipts of no more than $750,000 and 

small agricultural service firms 

(manufacturers and importers) as those 

having annual receipts of no more than 

$7.0 million. 

According to the AF&PA, in 2011, 

there were 84 manufacturers in the 

United States that produced one or more 

of the four types of paper and paperbased packaging to be covered under the 

proposed Order. According to U.S. 

Census data, the average value of paper 

and paper-based packaging exports in 

2011 was approximately $760 per short 

ton. Using an average price of $760 per 

short ton, a manufacturer who produced 

less than 9,210 short tons of paper and 

paper-based packaging per year would 

be considered a small entity because 

their annual receipts are less than $7.0 

million. It is estimated that no more 

than four manufacturers produced less 

than 9,210 short tons in 2011. Thus, the 

majority of manufacturers would not be 

considered small businesses. 

According to Customs data, in 2011, 

there were about 2,612 importers of 

paper and paper-based packaging. 

Eighty-five importers, or about 3.2 

percent, imported more than $7.0 

million worth of paper and paper-based 

packaging. Thus, the majority of 

importers would be considered small 

entities. However, no importer who 

imported 100,000 short tons or more 

(the Order’s proposed exemption 

threshold) imported less than $7.0 

million worth of paper and paper-based 

packaging (19 importers). Therefore, 

none of the estimated 19 importers to be 

covered under the proposed Order 

would be considered small businesses. 

According to AF&PA, it is estimated 

that, in 2011, about 68.5 million short 

tons of paper and paper-based 

packaging were produced domestically. 

Of the 68.5 million short tons, about 

63.2 percent was manufactured in the 

South, 17.1 percent was manufactured 

in the Midwest, 10.5 percent was 

manufactured in the Northeast, and 9.2 

percent was manufactured in the West.1

According to Customs data, in 2011, 

imports of paper and paper-based 

packaging to be covered under the 

program totaled 7.5 million short tons. 

Of that total, about 58.6 percent was 

from Canada, 22.2 percent from Western 

Europe, 9.8 percent was from China, 

Japan and the Far East, 2.7 percent was 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56819 

from South America and the remainder 

was from other countries. 

This rule establishes procedures for 

conducting a referendum to determine 

whether domestic manufacturers and 

importers of paper and paper-based 

packaging favor issuance of a proposed 

Order. USDA will conduct the 

referendum. The program will be 

implemented if it is favored by a 

majority of domestic manufacturers and 

importers voting in a referendum who 

also represent a majority of paper and 

paper-based packaging represented in 

the referendum. The procedures will 

also be used for any subsequent 

referendum under the Order. The 

procedures are authorized under 

paragraph (e) of section 518 the 1996 

Act. 

Regarding the economic impact of this 

rule on affected entities, eligible 

domestic manufacturers and importers 

will have the opportunity to participate 

in the referendum. The Order would 

exempt domestic manufacturers and 

importers who produce or import less 

than 100,000 short tons annually from 

the payment of assessments. Exempt 

domestic manufacturers and importers 

are not eligible to participate in the 

referendum. Based on 2011 Customs 

data, of the 84 manufacturers and 2,612 

importers, it is estimated that about 51 

manufacturers and 19 importers would 

pay assessments under the Order and 

thus be eligible to vote in the 

referendum. For example, using 2011 

data and deducting exempt tonnage, it 

is estimated that if 72.5 million short 

tons of paper and paper-based 

packaging (67.2 million short tons 

domestic and 5.3 million short tons 

imported) were assessed at a rate of 

$0.35 per short ton, about $25.4 million 

would be collected in assessments. Of 

that $25.4 million, about 92.5 percent 

($23.5 million) would be paid by 

domestic manufacturers and 7.5 percent 

($1.9 million) would be paid by 

importers. 

Voting in the referendum is optional. 

If domestic manufacturers and 

importers chose to vote, the burden of 

voting would be offset by the benefits of 

having the opportunity to vote on 

whether or not they want to be covered 

by the program. 

Regarding alternatives, USDA 

considered requiring eligible voters to 

vote in person at various USDA offices 

across the country. USDA also 

considered electronic voting, but the use 

of computers is not universal. 

Conducting the referendum from one 

central location by mail ballot will be 

more cost effective and reliable. USDA 

will provide easy access to information 

for potential voters through a toll free 

telephone line. 

This action imposes an additional 

reporting burden on eligible domestic 

manufacturers and importers of paper 

and paper-based packaging. Eligible 

domestic manufacturers and importers 

will have the opportunity to complete 

and submit a ballot to USDA indicating 

whether or not they favor 

implementation of the proposed Order. 

The specific burden for the ballot is 

detailed later in this document in the 

section titled Paperwork Reduction Act. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Regarding outreach efforts, USDA will 

keep eligible domestic manufacturers 

and importers informed throughout the 

program implementation and 

referendum process to ensure that they 

are aware of and are able to participate 

in the program implementation process. 

USDA will also publicize information 

regarding the referendum process so 

that trade associations and related 

industry media can be kept informed. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the referendum ballot, 

which represents the information 

collection and recordkeeping 

requirements that are imposed by this 

rule, has been submitted to OMB for 

approval and approved under OMB 

Number 0581–0282. 

Title: Paper and Paper-Based 

Packaging Promotion, Research and 

Information (Referendum Procedures). 

OMB Number: 0581–0282. 

Expiration Date of Approval: 3 years 

from OMB date of approval. 

Type of Request: New information 

collection for research and promotion 

programs. 

Abstract: The information collection 

requirements in the request are essential 

to carry out the intent of the 1996 Act. 

The information collection concerns a 

proposal received by USDA for a 

national research and promotion 

program for paper and paper-based 

packaging. The program would be 

financed by an assessment on domestic 

manufacturers and importers and would 

be administered by a board of industry 

members selected by the Secretary. The 

program would exempt domestic 

manufacturers and importers who 

produce or import less than 100,000 

short tons of paper and paper-based 

packaging annually. A referendum will 

be held among eligible domestic 

manufacturers and importers to 

determine whether they favor 

implementation of the program prior to 

it going into effect. The purpose of the 

program would be to maintain and 

expand markets for paper and paperbased packaging. 

The information collection 

requirements in this rule concern the 

referendum that will be held to 

determine whether the program is 

favored by the industry. Current 

domestic manufacturers or importers 

that manufactured or imported 100,000 

short tons or more of paper and paperbased packaging during the 

representative period are eligible to vote 

in the referendum. The ballot will be 

completed by eligible domestic 

manufacturers and importers who want 

to indicate whether or not they support 

implementation of the program. 

Referendum Ballot 

Estimate of Burden: Public 

recordkeeping burden for this collection 

of information is estimated to average 

0.25 hour per application. 

Respondents: Domestic manufacturers 

and importers. 

Estimated Number of Respondents: 70 

(51 domestic manufacturers and 19 

importers). 

Estimated Number of Responses per 

Respondent: 1 every 7 years (0.14). 

Estimated Total Annual Burden on 

Respondents: 2.45 hours. 

The ballot will be added to the other 

information collections approved under 

OMB No. 0581–0282. 

An estimated 70 respondents would 

provide information to the Board (51 

domestic manufacturers and 19 

importers). The estimated cost of 

providing the information to the Board 

by respondents would be $80.85. This 

total has been estimated by multiplying 

2.45 total hours required for reporting 

and recordkeeping by $33, the average 

mean hourly earnings of various 

occupations involved in keeping this 

information. Data for computation of 

this hourly rate was obtained from the 

U.S. Department of Labor statistics. 

The proposed Order’s provisions have 

been carefully reviewed, and every 

effort has been made to minimize any 

unnecessary recordkeeping costs or 

requirements, including efforts to utilize 

mstockstill on DSK4VPTVN1PROD with RULES

56820 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 

information already submitted under 

other programs administered by USDA 

and other state programs. 

A proposed rule regarding the 

referendum procedures was published 

in the Federal Register on January 2, 

2013 (78 FR 212). Copies of the rule 

were mailed by USDA to all known 

domestic manufacturers and importers. 

The rule was also made available 

through the Internet by USDA and 

published in the Federal Register. That 

rule provided for a 60-day comment 

period. No comments were received. 

In the January 2, 2013, proposed rule 

comments were also invited on the 

information collection requirements 

prescribed in the Paperwork Reduction 

Act section of this rule. Specifically, 

comments were solicited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of functions of the 

proposed Order and USDA’s oversight 

of the proposed Order, including 

whether the information would have 

practical utility; (b) the accuracy of 

USDA’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

the accuracy of USDA’s estimate of the 

principal manufacturing areas in the 

United States for paper and paper-based 

packaging; (d) the accuracy of USDA’s 

estimate of the number of domestic 

manufacturers and importers that would 

be covered under the program; (e) ways 

to enhance the quality, utility, and 

clarity of the information to be 

collected; and (f) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

No comments were received regarding 

information collection. 

Pursuant to 5 U.S.C. 553, it is found 

that good cause exists for not 

postponing the effective date of this rule 

until 30 days after publication in the 

Federal Register because this rule needs 

to be in effect prior to USDA conducting 

a referendum. Further, a 60-day 

comment period was provided for in the 

proposed rule regarding referendum 

procedures, and no comments were 

received. 

List of Subjects in 7 CFR Part 1222 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Paper and paper-based packaging, 

Promotion, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, Title 7, Chapter XI of the 

Code of Federal Regulations, is 

amended by adding part 1222 to read as 

follows: 

PART 1222—PAPER AND PAPERBASED PACKAGING PROMOTION, 

RESEARCH AND INFORMATION 

ORDER 

Subpart A—[Reserved] 

Subpart B—Referendum Procedures 

Sec. 

1222.100 General. 

1222.101 Definitions. 

1222.102 Voting. 

1222.103 Instructions. 

1222.104 Subagents. 

1222.105 Ballots. 

1222.106 Referendum report. 

1222.107 Confidential information. 

1222.108 OMB Control number. 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

Subpart A—[Reserved] 

Subpart B—Referendum Procedures 

§ 1222.100 General. 

Referenda to determine whether 

eligible domestic manufacturers and 

importers favor the issuance, 

continuance, amendment, suspension, 

or termination of the Paper and PaperBased Packaging Promotion, Research 

and Information Order shall be 

conducted in accordance with this 

subpart. 

§ 1222.101 Definitions. 

For the purposes of this subpart: 

(a) Administrator means the 

Administrator of the Agricultural 

Marketing Service, with power to 

delegate, or any officer or employee of 

the U.S. Department of Agriculture to 

whom authority has been delegated or 

may hereafter be delegated to act in the 

Administrator’s stead. 

(b) Converted products means 

products made from paper and paperbased packaging. 

(c) Customs or CBP means the U.S. 

Customs and Border Protection, an 

agency of the U.S. Department of 

Homeland Security. 

(d) Department or USDA means the 

U.S. Department of Agriculture or any 

officer or employee of the Department to 

whom authority has heretofore been 

delegated, or to whom authority may 

hereafter be delegated, to act in the 

Secretary’s stead. 

(e) Eligible domestic manufacturer or 

producer means any person who is 

currently a domestic manufacturer or 

producer and who manufactured 

100,000 short tons or more of paper and 

paper-based packaging during the 

representative period. 

(f) Eligible importer means any person 

who is currently an importer and who 

imported 100,000 short tons or more of 

paper and paper-based packaging into 

the United States during the 

representative period as a principal or 

as an agent, broker, or consignee of any 

person who manufactured paper and 

paper-based packaging outside of the 

United States for sale in the United 

States, and who is listed as the importer 

of record for such paper and paperbased packaging. Importation occurs 

when paper and paper-based packaging 

manufactured outside of the United 

States is released from custody by 

Customs and introduced into the stream 

of commerce in the United States. 

Included are persons who hold title to 

foreign-manufactured paper and paperbased packaging immediately upon 

release by Customs, as well as any 

persons who act on behalf of others, as 

agents or brokers, to secure the release 

of paper and paper-based packaging 

from Customs when such paper and 

paper-based packaging is entered or 

withdrawn for use in the United States. 

(g) Kraft process means a process that 

transforms wood into a high quality 

strong pulp for making paper and paperbased packaging. 

(h) Linerboard means a grade of 

containerboard that is used as facing 

material in the manufacture of 

corrugated or solid fiber shipping boxes. 

(i) Manufacture or produce means the 

process of transforming pulp into paper 

and paper-based packaging. 

(j) Order means the Paper and PaperBased Packaging Promotion, Research 

and Information Order. 

(k) Paper and paper-based packaging 

means: 

(1) Printing, writing and related 

paper, which is coated or uncoated 

paper that is subsequently converted 

into products used for printing, writing 

and other communication purposes, 

such as file folders, envelopes, 

catalogues, magazines and brochures. 

For purposes of this Order, printing, 

writing and related paper includes 

thermal paper but does not include 

carbonless paper; 

(2) Kraft packaging paper, which is 

coarse unbleached, semi-bleached or 

fully bleached grades of paper that are 

subsequently converted into products 

such as grocery bags, multiwall sacks, 

waxed paper and other products; 

(3) Containerboard, which is all forms 

of linerboard and medium that is used 

to manufacture corrugated boxes, 

shipping containers and related 

products; and 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56821 

(4) Paperboard, which is solid 

bleached kraft board, recycled board 

and unbleached kraft board that is 

subsequently converted into a wide 

variety of end uses, including folding 

boxes, food and beverage packaging, 

tubes, cans, and drums, and other 

miscellaneous products. Paperboard 

does not include construction-related 

products such as gypsum wallboard 

facings and panel board. 

(5) For purposes of this Order, paper 

and paper-based packaging does not 

include tissue paper, newsprint or 

converted products. 

(l) Person means any individual, 

group of individuals, partnership, 

corporation, association, cooperative, or 

any other legal entity. For the purpose 

of this definition, the term 

‘‘partnership’’ includes, but is not 

limited to: 

(1) A husband and a wife who have 

title to, or leasehold interest in, a paper 

and paper-based packaging 

manufacturing entity as tenants in 

common, joint tenants, tenants by the 

entirety, or, under community property 

laws, as community property; and 

(2) So called ‘‘joint ventures’’ wherein 

one or more parties to an agreement, 

informal or otherwise, contributed land, 

facilities, capital, labor, management, 

equipment, or other services, or any 

variation of such contributions by two 

or more parties, so that it results in the 

manufacturing or importation of paper 

and paper-based packaging and the 

authority to transfer title to the paper 

and paper-based packaging so 

manufactured or imported. 

(m) Referendum agent or agent means 

the individual or individuals designated 

by the Secretary to conduct the 

referendum. 

(n) Representative period means the 

period designated by the Department. 

(o) Short ton or ton means a measure 

of weight equal to 2,000 pounds. 

(p) United States means collectively 

the 50 states of the United States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, and the 

territories and possessions of the United 

States. 

§ 1222.102 Voting. 

(a) Each eligible domestic 

manufacturer and importer of paper and 

paper-based packaging shall be entitled 

to cast only one ballot in the 

referendum. However, each domestic 

manufacturer in a landlord/tenant 

relationship or a divided ownership 

arrangement involving totally 

independent entities cooperating only to 

manufacture paper and paper-based 

manufacturing, in which more than one 

of the parties is a domestic 

manufacturer or importer, shall be 

entitled to cast one ballot in the 

referendum covering only such 

domestic manufacturer or importer’s 

share of ownership. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate manufacturer or importer, or 

an administrator, executor, or trustee of 

an eligible entity may cast a ballot on 

behalf of such entity. Any individual so 

voting in a referendum shall certify that 

such individual is an officer or 

employee of the eligible entity, or an 

administrator, executive, or trustee of an 

eligible entity and that such individual 

has the authority to take such action. 

Upon request of the referendum agent, 

the individual shall submit adequate 

evidence of such authority. 

(c) A single entity who manufactures 

and imports paper and paper-based 

manufacturing may cast one vote in the 

referendum. 

(d) All ballots are to be cast by mail 

or other means, as instructed by the 

Department. 

§ 1222.103 Instructions. 

The referendum agent shall conduct 

the referendum, in the manner provided 

in this subpart, under the supervision of 

the Administrator. The Administrator 

may prescribe additional instructions, 

consistent with the provisions of this 

subpart, to govern the procedure to be 

followed by the referendum agent. Such 

agent shall: 

(a) Determine the period during 

which ballots may be cast; 

(b) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter; 

(c) Give reasonable public notice of 

the referendum: 

(1) By using available media or public 

information sources, without incurring 

advertising expense, to publicize the 

dates, places, method of voting, 

eligibility requirements, and other 

pertinent information. Such sources of 

publicity may include, but are not 

limited to, print and radio; and 

(2) By such other means as the agent 

may deem advisable. 

(d) Mail to eligible domestic 

manufacturers and importers whose 

names and addresses are known to the 

referendum agent, the instructions on 

voting, a ballot, and a summary of the 

terms and conditions of the proposed 

Order. No person who claims to be 

eligible to vote shall be refused a ballot; 

(e) At the end of the voting period, 

collect, open, number, and review the 

ballots and tabulate the results in the 

presence of an agent of a third party 

authorized to monitor the referendum 

process; 

(f) Prepare a report on the referendum; 

and 

(g) Announce the results to the public. 

§ 1222.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. Each individual so 

appointed may be authorized by the 

agent to perform any or all of the 

functions which, in the absence of such 

appointment, shall be performed by the 

agent. 

§ 1222.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1222.106 Referendum report. 

Except as otherwise directed, the 

referendum agent shall prepare and 

submit to the Administrator a report on 

the results of the referendum, the 

manner in which it was conducted, the 

extent and kind of public notice given, 

and other information pertinent to the 

analysis of the referendum and its 

results. 

§ 1222.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1222.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. is OMB control number 0581– 

NEW. 

Dated: September 10, 2013. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2013–22328 Filed 9–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

mstockstill on DSK4VPTVN1PROD with RULES