Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 16289 

pursuant to the Paperwork Reduction 

Act of 1995, 44 U.S.C. Chapter 35, is 

OMB control number 0505–0001, OMB 

control number 0581–0093, and OMB 

control number 0581–NEW. 

Subpart B—[Reserved] 

Dated: April 3, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–7981 Filed 4–8–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1208 

[Docket No. AMS–FV–07–0077; FV–07–705– 

PR] 

RIN 0581–AC37 

Proposed Processed Raspberry 

Promotion, Research, and Information 

Order; Referendum Procedures 

AGENCY: Agricultural Marketing Service, 

Agriculture, USDA. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The purpose of this rule is to 

establish procedures which the 

Department of Agriculture (USDA or the 

Department) will use in conducting a 

referendum to determine whether the 

issuance of the proposed Processed 

Raspberry Promotion, Research, and 

Information Order (Proposed Order) is 

favored by producers of raspberries for 

processing and importers of processed 

raspberries. The Order will be 

implemented if it is approved by a 

simple majority of the eligible producers 

and importers voting in the referendum. 

These procedures would also be used 

for any subsequent referendum under 

the Proposed Order, if it is approved in 

the initial referendum. The Proposed 

Order is being published separately in 

this issue of the Federal Register. This 

proposed program would be 

implemented under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act). 

DATES: Comments must be received by 

June 8, 2009. Pursuant to the Paperwork 

Reduction Act, comments on the 

information collection burden that 

would result from this proposal must be 

received by June 8, 2009. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments can be 

made on the Internet at http:// 

www.regulations.gov or to the Research 

and Promotion Branch, Fruit and 

Vegetable Programs, Agricultural 

Marketing Service, USDA, Stop 0244, 

Room 0634–S, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0244; Fax (202) 205–2800; Toll Free 

(888) 720–9917. Comments should 

reference the docket number, title of 

action, date, and page number of this 

issue of the Federal Register and will be 

made available for public inspection at 

the above address during regular 

business hours or at http:// 

www.regulations.gov. 

Pursuant to the Paperwork Reduction 

Act (PRA), send comments regarding the 

accuracy of the burden estimate, ways to 

minimize the burden, including the use 

of automated collection techniques or 

other forms of information technology, 

or any other aspect of this collection of 

information, to the above address and to 

the Desk Office for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Room 725, Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Coy, Marketing Specialist, 

Research and Promotion Branch, FV, 

AMS, USDA, Stop 0244, Room 0634–S, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244; telephone 

202–720–9915 or (888) 720–9917 (toll 

free) or e-mail kimberly.coy@usda.gov. 

SUPPLEMENTARY INFORMATION: A 

referendum will be conducted among 

eligible producers of raspberries for 

processing and importers of processed 

raspberries to determine whether they 

favor issuance of the proposed 

Processed Raspberry Promotion, 

Research, and Information Order 

(Proposed Order), 7 CFR part 1208. The 

program will be implemented if it is 

approved by a simple majority of the 

producers and importers voting in the 

referendum. The Proposed Order is 

authorized under the Commodity 

Promotion, Research, and Information 

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

7425. It would cover domestic 

producers of raspberries for processing 

and importers of processed raspberries 

of 20,000 pounds or more. The Proposed 

Order is being published separately in 

this issue of the Federal Register. 

Executive Order 12866 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget 

(OMB). 

Executive Order 12988 

This proposed 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 the Act 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 

petition with the Department 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. In the petition, 

the person may 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, the 

Department will issue a ruling on the 

petition. The 1996 Act provides that the 

district court of the 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 entry of 

the Department’s final ruling. 

Initial Regulatory Flexibility Act 

Analysis and Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) 5 U.S.C. 601–612, 

the Department is required to examine 

the impact of the proposed rule on small 

entities. The purpose of the RFA is to 

fit regulatory actions to the scale of 

businesses subject to such action so that 

small businesses will not be 

disproportionately burdened. 

The 1996 Act, which authorizes the 

Department to consider industry 

proposals for generic programs of 

promotion, research, and information 

for agricultural commodities, became 

effective on April 4, 1996. 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 


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16290 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 

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. 

The Washington Red Raspberry 

Commission (WRRC) has recommended 

that the Department conduct a 

referendum in which approval of the 

Proposed Order would be based on a 

simple majority of the producers and 

importers voting in the referendum. The 

Department proposes that a referendum 

be conducted prior to the Proposed 

Order going into effect. 

This proposed rule would establish 

the procedures under which producers 

of raspberries for processing and 

importers of processed raspberries may 

vote on whether they want a processed 

raspberry promotion, research, and 

information program to be 

implemented. This proposal would add 

a new subpart which establishes 

procedures to conduct initial and future 

referenda. The proposed subpart covers 

definitions, voting instructions, use of 

subagents, ballots, the referendum 

report, and confidentiality of 

information. 

There are approximately 195 

producers of raspberries for processing 

and 50 importers of processed 

raspberries who would be subject to the 

program and eligible to vote in the first 

referendum. The Small Business 

Administration, 13 CFR 121.201, 

defines small agricultural producers as 

those having annual receipts of 

$750,000 or less and small agricultural 

service firms as those having annual 

receipts of $7.0 million or less. Under 

these criteria, the majority of producers 

and importers that would be affected by 

the referendum procedures would be 

considered small entities. Producers of 

raspberries for processing and importers 

of processed raspberries of less than 

20,000 pounds per year would be 

exempt under this proposed Order. 

According to the proponent group, in 

2006, there were 195 producers of 

raspberries for processing and 34 

processors of processed raspberries in 

Oregon and Washington States, which 

are the principal growing areas in the 

United States for raspberries destined 

for processing. Approximately 95 

percent of the producers and 100 

percent of the raspberry processors 

qualified under the definition for small 

business owners. Although California is 

a significant producer of raspberries, 

virtually all harvested product is 

destined for the fresh market. In 2006, 

there were approximately 50 importers. 

Based on the Department of Commerce, 

U.S. Census Bureau, Foreign Trade 

Statistics, in 2006 two countries 

accounted for 96 percent of the 

processed raspberries imported into the 

United States. These countries and their 

share of the imports are: Chile (78%) 

and Canada (18%). It is unknown what 

percent of importers would qualify as 

small business. However, the 

recordkeeping and assessment 

remittance requirements would be 

minimal to importers since they are 

conducted by U.S. Customs and Border 

Protection Service (Customs) at the time 

of product entry into the United States. 

This proposed rule provides the 

procedures under which producers of 

raspberries for processing and importers 

of processed raspberries may vote on 

whether they want the Proposed Order 

to be implemented. In accordance with 

the provisions of the 1996 Act, 

subsequent referenda may be 

conducted, and it is anticipated that the 

proposed procedures would apply. 

There are approximately 195 producers 

of raspberries for processing and 50 

importers of processed raspberries who 

would be eligible to vote in the first 

referendum. Producers of raspberries for 

processing and importers of processed 

raspberries of less than 20,000 pounds 

per year would be exempt from 

assessments and not eligible to vote in 

the referendum. 

The Department will keep these 

individuals 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. 

Voting in the referendum is optional. 

However, if producers and importers 

choose 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. 

The information collection 

requirements contained in this proposed 

rule are designed to minimize the 

burden on producers and importers. 

This rule provides for a ballot to be used 

by eligible producers and importers to 

vote in the referendum. The estimated 

annual cost of providing the information 

by an estimated 195 producers of 

raspberries for processing and 50 

importers of processed raspberries 

would be $195.00 for all producers or 

$1.00 per producer and $50.00 for all 

importers or $1.00 per importer. 

The Department considered requiring 

eligible voters to vote in person at 

various USDA offices across the 

country. The Department also 

considered electronic voting, but the use 

of computers is not universal. 

Conducting the referendum from one 

central location by mail ballot would be 

more cost effective and reliable. USDA 

will provide easy access to information 

for potential voters through a toll free 

telephone line. 

There are no federal rules that 

duplicate, overlap, or conflict with this 

rule. 

We have performed this Initial 

Regulatory Flexibility Analysis 

regarding the impact of this proposed 

rule on small businesses. 

Paperwork Reduction Act 

In accordance with the OMB 

regulation, 5 CFR part 1320, which 

implements the Paperwork Reduction 

Act of 1995, 44 U.S.C. Chapter 35, the 

referendum ballot, which represents the 

information collection and 

recordkeeping requirements that may be 

imposed by this rule, has been 

submitted to OMB for approval. 

Title: Processed Raspberry Promotion, 

Research, and Information Order. 

OMB Number: 0581–NEW. 

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 this request are 

essential to carry out the intent of the 

1996 Act, to provide the respondents 

the type of service they request, and to 

administer the Proposed Order. The 

ballot is needed for the referendum that 

will be held to determine whether 

producers and importers are in favor of 

the program. The information collected 

is used by USDA to determine whether 

a majority of the eligible producers and 

importers voting in a referendum 

approve of this program. Producers and 

importers of 20,000 or more pounds of 

raspberries for processing or processed 

raspberries respectively, are eligible to 

vote in the referendum and shall be 

entitled to cast only one ballot in the 

referendum. 

Referendum Ballot 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 0.25 hours per 

response for each producer and 

importer. 

Respondents: Producers and 

importers. 

Estimated Number of Respondents: 

245. 

Estimated Number of Responses per 

Respondent: 1 every 7 years (0.14). 

Estimated Total Annual Burden on 

Respondents: 8.58 hours. 


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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 16291 

The ballot will be added to the other 

information collections approved for 

use under OMB Number 0581–NEW. 

Comments: Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will 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) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) 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. 

Comments should reference OMB No. 

0581–NEW and the Processed Raspberry 

Promotion, Research, and Information 

Order. Comments should be sent in care 

of Kimberly Coy to the USDA Docket 

Clerk, Research and Promotion Branch, 

Fruit and Vegetable Programs, AMS, 

USDA, 1400 Independence Avenue, 

SW., Stop 0244, Room 0632–S, 

Washington, DC 20250–0244 and the 

Desk Office for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Room 725, Washington, DC 

20503. Comments may also be sent by 

facsimile to (202) 205–2800 or 

electronically to http:// 

www.regulations.gov. 

All comments received will be 

available for public inspection during 

regular business hours at the same 

address and at http:// 

www.regulations.gov. All responses to 

this proposed rule will be summarized 

and included in the request for OMB 

approval. All comments will also 

become a matter of the public record. 

The Agricultural Marketing Service 

(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. 

The estimated annual cost of 

providing the information by an 

estimated 195 producers of raspberries 

for processing and 50 importers of 

processed raspberries would be $195.00 

for all producers or $1.00 per producer 

and $50.00 for all importers or $1.00 per 

importer. 

A 60-day comment period is provided 

to allow interested persons to comment 

on this proposed information collection. 

Background 

The 1996 Act, which authorizes the 

Department to consider industry 

proposals for generic programs of 

promotion, research, and information 

for agricultural commodities, became 

effective on April 4, 1996. The 

Department received the proposal for a 

new order from the Washington Red 

Raspberry Commission (WRRC). 

The Proposed Order would provide 

for the development and financing of an 

effective and coordinated program of 

promotion, research, and consumer and 

industry information for processed 

raspberries in the United States. The 

program would be funded by an 

assessment levied on producers and 

importers (to be collected by Customs at 

time of entry into the United States) at 

an initial rate of one cent per pound. 

Producers of raspberries for processing 

and importers of processed raspberries 

of less than 20,000 pounds per year 

would be exempt from paying 

assessments. The assessments would be 

used to pay for promotion, research, and 

consumer and industry information; 

administration, maintenance, and 

functioning of the proposed National 

Raspberry Council; and expenses 

incurred by the Department in 

implementing and administering the 

Proposed Order, including referendum 

costs. 

Section 518 of the 1996 Act requires 

that a referendum be conducted among 

eligible producers of raspberries for 

processing and importers of processed 

raspberries to determine whether they 

favor implementation of the Order. That 

section also requires the Proposed Order 

to be approved by a simple majority of 

the producers and importers voting in 

the referendum. 

This proposed rule establishes the 

procedures under which producers of 

raspberries for processing and importers 

of processed raspberries may vote on 

whether they want the processed 

raspberry promotion, research, and 

information program to be 

implemented. There are approximately 

245 eligible voters. 

This proposed rule would add a new 

subpart which would establish 

procedures to be used in this and future 

referenda. This subpart covers 

definitions, voting, instructions, use of 

subagents, ballots, the referendum 

report, and confidentiality of 

information. 

All written comments received in 

response to this rule by the date 

specified will be considered prior to 

finalizing this action. We encourage the 

industry to pay particular attention to 

the definitions to be sure that they are 

appropriate for the raspberry industry. 

List of Subjects in 7 CFR Part 1208 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Processed raspberries, Promotion, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, it is proposed that Title 7, 

Chapter XI of the Code of Federal 

Regulations be amended as follows: 

1. Subpart B of 7 CFR part 1208 is 

proposed to be added to Title 7, Chapter 

XI of the Code of Federal Regulations to 

read as follows: 

PART 1208—PROCESSED 

RASPBERRY PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

* * * * * 

Subpart B—Referendum Procedures. 

Sec. 

1208.100 General. 

1208.101 Definitions. 

1208.102 Voting. 

1208.103 Instructions. 

1208.104 Subagents. 

1208.105 Ballots. 

1208.106 Referendum report. 

1208.107 Confidential information. 

1208.108 OMB control number. 

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

7401. 

Subpart B—Referendum Procedures 

§ 1208.100 General. 

Referenda to determine whether 

eligible producers of raspberries for 

processing and importers of processed 

raspberries favor the issuance, 

amendment, suspension, or termination 

of the Processed Raspberry Promotion, 

Research, and Information Order shall 

be conducted in accordance with this 

subpart. 

§ 1208.101 Definitions. 

(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) Department 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. 

(c) Eligible producer means any 

person who grows 20,000 pounds or 


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16292 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 

more of raspberries for processing in the 

United States for sale in commerce, or 

a person who is engaged in the business 

of producing, or causing to be produced 

for any market, raspberries for 

processing beyond the person’s own 

family use and having value at first 

point of sale. 

(d) Eligible importer means any 

person importing 20,000 or more 

pounds of processed raspberries into the 

United States in a calendar year as a 

principal or as an agent, broker, or 

consignee of any person who produces 

or handles processed raspberries outside 

of the United States for sale in the 

United States, and who is listed as the 

importer of record for such processed 

raspberries that are identified in the 

Harmonized Tariff Schedule of the 

United States by the numbers 

0811.20.20.20, during the representative 

period. Importation occurs when 

processed raspberries originating 

outside of the United States are released 

from custody by Customs and 

introduced into the stream of commerce 

in the United States. Included are 

persons who hold title to foreignproduced processed raspberries 

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 processed raspberries from 

Customs when such processed 

raspberries are entered or withdrawn for 

consumption in the United States. 

(e) Raspberries mean and include all 

kinds, varieties, and hybrids of 

cultivated raspberries of the genus 

‘‘Rubus’’ grown in or imported into the 

United States. 

(f) Processed Raspberries means 

raspberries which have been frozen, 

dried, pureed, made into juice, or 

delivered in any other form altered by 

mechanical processes other than fresh. 

(g) Order means the Processed 

Raspberry Promotion, Research, and 

Information Order. 

(h) 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 raspberry farm 

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 and others 

contributed capital, labor, management, or 

other services, or any variation of such 

contributions by two or more parties. 

(i) Referendum agent or agent means 

the individual or individuals designated 

by the Secretary to conduct the 

referendum. 

(j) Representative period means the 

period designated by the Department. 

(k) United States or U.S. means 

collectively the 50 states, the District of 

Columbia, the Commonwealth of Puerto 

Rico, and the territories and possessions 

of the United States. 

§ 1208.102 Voting. 

(a) Each eligible producer of 

raspberries for processing and eligible 

importer of processed raspberries shall 

be entitled to cast only one ballot in the 

referendum. However, each producer in 

a landlord/tenant relationship or a 

divided ownership arrangement 

involving totally independent entities 

cooperating only to process raspberries, 

in which more than one of the parties 

is a producer or importer, shall be 

entitled to cast one ballot in the 

referendum covering only such 

producer or importer’s share of the 

ownership. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate producer or importer, or an 

administrator, executor, or trustee or 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) All ballots are to be cast by mail 

as instructed by the Department. 

§ 1208.103 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, 

not inconsistent 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 utilizing 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 producers 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. 

(g) Announce the results to the public. 

§ 1208.104 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. 

§ 1208.105 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. 

§ 1208.106 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. 


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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 16293 

§ 1208.107 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. 

§ 1208.108 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. Chapter 35 is OMB control 

number 0581–NEW. 

Dated: April 3, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–8016 Filed 4–8–09; 8:45 am] 

BILLING CODE 3410–02–P 


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