83 FR 35153 - Processed Raspberry Promotion, Research and Information Order; Continuance Referendum
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 143 (July 25, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 143 (July 25, 2018)
| Page Range | 35153-35154 | |
| FR Document | 2018-15894 |
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)] [Proposed Rules] [Pages 35153-35154] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15894] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1208 [Document No. AMS-SC-18-0041] Processed Raspberry Promotion, Research and Information Order; Continuance Referendum AGENCY: Agricultural Marketing Service, USDA. ACTION: Notification of referendum order. ----------------------------------------------------------------------- SUMMARY: This document directs that a referendum be conducted among eligible producers of raspberries for processing and importers of processed raspberries to determine whether they favor continuance of the Agricultural Marketing Service's (AMS) regulations regarding a national processed raspberry research and promotion program. DATES: The referendum will be conducted from September 10 through October 5, 2018. The Department will provide the option for ballots to be returned electronically. Further details will be provided in the ballot instructions. Mail ballots must be postmarked by October 5. Ballots delivered via express mail or email must show proof of delivery by no later than 11:59 p.m. Eastern Time (ET) on October 5, 2018, to be counted. ADDRESSES: Copies of the processed raspberry program may be obtained from: Referendum Agent, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244, telephone: (202) 720-9915; facsimile: (202) 205-2800; or contact Hakim Fobia at (202) 720-4835 or via electronic mail: [email protected]. FOR FURTHER INFORMATION CONTACT: Hakim Fobia, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (202) 720-9915, (202) 720-4835 (direct line); facsimile: (202) 205-2800; or electronic mail: [email protected]. SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425) (1996 Act), it is hereby directed that a referendum be conducted to ascertain whether continuance of the Processed Raspberry Promotion, Research and Information Order (7 CFR part 1208) is favored by eligible producers of raspberries for processing and importers of processed raspberries. The program is authorized under the 1996 Act. The representative period for establishing voter eligibility for the referendum shall be the period from January 1 through December 31, 2017. Persons who produced 20,000 pounds or more of raspberries for processing in the United States or imported 20,000 pounds or more of processed raspberries into the United States during the representative period and were subject to assessment during that period are eligible to vote. Persons who received an exemption from assessments pursuant to Sec. 1208.53 for the entire representative period are ineligible to vote. The referendum will be conducted from September 10 through October 5, 2018. The Department will provide the option for ballots to be returned electronically. Further details will be provided in the ballot instructions. Section 518 of the 1996 Act (7 U.S.C. 7417) authorizes continuance referenda. Under Sec. 1208.71(b), the U.S. Department of Agriculture (USDA) must conduct a referendum every seven years to determine whether eligible producers of raspberries for processing and importers of processed raspberries favor continuance of the program. A referendum also may be held by a request of 10 percent or more of all the eligible producers and importers, by request of the National Processed Raspberry Council, which administers the program, or by the Secretary of Agriculture. In March 2018, USDA received a petition requesting a referendum from more than the required 10 percent of eligible entities, thus USDA will hold a referendum. The program will continue if it is favored by a majority of eligible producers and importers 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 [[Page 35154]] been estimated that approximately 200 entities 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 Hakim Fobia, Marketing Specialist, and Heather Pichelman, Director, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue SW, Washington, DC 20250-0244, are designated as referendum agents for this referendum. The referendum procedures at 7 CFR 1208.100 through 1208.108, issued pursuant to the 1996 Act, will 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, eligible producers and importers prior to the first day of the voting period. Persons who produced 20,000 pounds or more of raspberries for processing in the United States or imported 20,000 pounds or more of processed raspberries into the United States during the representative period and were subject to assessment during that period are eligible to vote. Persons who received an exemption from assessments pursuant to Sec. 1208.53 during the entire representative period are ineligible to vote. Any eligible producer of raspberries for processing or importer of processed raspberries who does not receive a ballot should contact a referendum agent no later than one week before the end of the voting period. Mail ballots must be postmarked by October 5. Ballots delivered via express mail or email must show proof of delivery by no later than 11:59 p.m. ET on October 5, 2018, to be counted. List of Subjects in 7 CFR Part 1208 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Raspberry promotion, Reporting and recordkeeping requirements. Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401. Dated: July 20, 2018. Bruce Summers, Administrator. [FR Doc. 2018-15894 Filed 7-24-18; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules 35153
were previously approved by OMB and PART 953—[REMOVED] 1406–S, Stop 0244, Washington, DC
assigned OMB No. 0581–0178, 20250–0244; telephone: (202) 720–9915,
Vegetable and Specialty Crops. ■ For the reasons set forth in the (202) 720–4835 (direct line); facsimile:
Termination of the reporting preamble, under the authority of 7 (202) 205–2800; or electronic mail:
requirements under the Order would U.S.C. 601–674, AMS proposes that 7 Hakim.Fobia@ams.usda.gov.
reduce the reporting and recordkeeping CFR part 953 be removed. SUPPLEMENTARY INFORMATION: Pursuant
burden on Irish potato handlers in Dated: July 19, 2018. to the Commodity Promotion, Research,
Southeastern states and should further Bruce Summers, and Information Act of 1996 (7 U.S.C.
reduce industry expenses. Administrator, Agricultural Marketing 7411–7425) (1996 Act), it is hereby
Because handlers would no longer be Service. directed that a referendum be conducted
required to file forms with the [FR Doc. 2018–15890 Filed 7–24–18; 8:45 am] to ascertain whether continuance of the
Committee, this proposed rule would BILLING CODE 3410–02–P Processed Raspberry Promotion,
not impose any additional reporting or Research and Information Order (7 CFR
recordkeeping requirements on either part 1208) is favored by eligible
small or large entities. DEPARTMENT OF AGRICULTURE producers of raspberries for processing
In addition, USDA has not identified and importers of processed raspberries.
any relevant Federal rules that Agricultural Marketing Service The program is authorized under the
duplicate, overlap, or conflict with this 1996 Act.
rule. 7 CFR Part 1208 The representative period for
AMS is committed to complying with [Document No. AMS–SC–18–0041] establishing voter eligibility for the
the E-Government Act, to promote the referendum shall be the period from
use of the internet and other Processed Raspberry Promotion, January 1 through December 31, 2017.
information technologies to provide Research and Information Order; Persons who produced 20,000 pounds
increased opportunities for citizen Continuance Referendum or more of raspberries for processing in
access to Government information and the United States or imported 20,000
AGENCY: Agricultural Marketing Service, pounds or more of processed raspberries
services, and for other purposes. USDA. into the United States during the
Additionally, interested persons are ACTION: Notification of referendum representative period and were subject
invited to submit information on the order. to assessment during that period are
regulatory and information collection
SUMMARY: This document directs that a eligible to vote. Persons who received
impacts of this action on small
referendum be conducted among an exemption from assessments
businesses.
eligible producers of raspberries for pursuant to § 1208.53 for the entire
A small business guide on complying representative period are ineligible to
with fruit, vegetable, and specialty crop processing and importers of processed
raspberries to determine whether they vote. The referendum will be conducted
marketing agreements and orders may from September 10 through October 5,
be viewed at: https:// favor continuance of the Agricultural
Marketing Service’s (AMS) regulations 2018. The Department will provide the
www.ams.usda.gov/rules-regulations/ option for ballots to be returned
moa/small-businesses. Any questions regarding a national processed raspberry
research and promotion program. electronically. Further details will be
about the compliance guide should be provided in the ballot instructions.
sent to Richard Lower at the previously DATES: The referendum will be
Section 518 of the 1996 Act (7 U.S.C.
mentioned address in the FOR FURTHER conducted from September 10 through
7417) authorizes continuance referenda.
INFORMATION CONTACT section. October 5, 2018. The Department will
Under § 1208.71(b), the U.S. Department
This proposal invites comments on provide the option for ballots to be
of Agriculture (USDA) must conduct a
the termination of Marketing Order No. returned electronically. Further details
referendum every seven years to
953, which regulates the handling of will be provided in the ballot
determine whether eligible producers of
Irish potatoes grown in Southeastern instructions. Mail ballots must be
raspberries for processing and importers
states. All written comments received postmarked by October 5. Ballots
of processed raspberries favor
within the 60-day comment period will delivered via express mail or email must
continuance of the program. A
be considered before a final show proof of delivery by no later than
referendum also may be held by a
determination is made in this matter. 11:59 p.m. Eastern Time (ET) on
request of 10 percent or more of all the
Based on the foregoing, and pursuant October 5, 2018, to be counted.
eligible producers and importers, by
to section 608c(16)(A) of the Act and ADDRESSES: Copies of the processed request of the National Processed
§ 953.66 of the Order, USDA is raspberry program may be obtained Raspberry Council, which administers
considering termination of the Order. If from: Referendum Agent, Promotion the program, or by the Secretary of
USDA decides to terminate the Order, and Economics Division, Specialty Agriculture. In March 2018, USDA
trustees would be appointed to Crops Program, AMS, USDA, 1400 received a petition requesting a
conclude and liquidate the affairs of the Independence Avenue SW, Room 1406– referendum from more than the required
Committee and would continue in that S, Stop 0244, Washington, DC 20250– 10 percent of eligible entities, thus
capacity until discharged by USDA. In 0244, telephone: (202) 720–9915; USDA will hold a referendum. The
addition, USDA would notify Congress facsimile: (202) 205–2800; or contact program will continue if it is favored by
daltland on DSKBBV9HB2PROD with PROPOSALS
60 days in advance of termination Hakim Fobia at (202) 720–4835 or via a majority of eligible producers and
pursuant to section 608c(16)(A) of the electronic mail: Hakim.Fobia@ importers voting in the referendum.
Act. ams.usda.gov. In accordance with the Paperwork
List of Subjects in 7 CFR Part 953 FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995 (44 U.S.C.
Hakim Fobia, Marketing Specialist, chapter 35), the referendum ballot has
Marketing agreements, Potatoes, Promotion and Economics Division, been approved by the Office of
Reporting and recordkeeping Specialty Crops Program, AMS, USDA, Management and Budget (OMB) and
requirements. 1400 Independence Avenue SW, Room assigned OMB No. 0581–0093. It has
VerDate Sep<11>2014 16:53 Jul 24, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM 25JYP1](https://thefederalregister.org/doc/83_FR_35296/page/1.svg)
![35154 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules
been estimated that approximately 200 DEPARTMENT OF HEALTH AND Electronic Submissions
entities will be eligible to vote in the HUMAN SERVICES Submit electronic comments in the
referendum. It will take an average of 15 following way:
Food and Drug Administration
minutes for each voter to read the voting • Federal eRulemaking Portal:
instructions and complete the https://www.regulations.gov. Follow the
referendum ballot. 21 CFR Part 15
instructions for submitting comments.
Referendum Order [Docket No. FDA–2018–N–2689] Comments submitted electronically,
including attachments, to https://
Hakim Fobia, Marketing Specialist, Facilitating Competition and www.regulations.gov will be posted to
and Heather Pichelman, Director, Innovation in the Biological Products the docket unchanged. Because your
Promotion and Economics Division, Marketplace; Public Hearing; Request comment will be made public, you are
Specialty Crops Program, AMS, USDA, for Comments solely responsible for ensuring that your
Stop 0244, Room 1406–S, 1400 comment does not include any
AGENCY: Food and Drug Administration,
Independence Avenue SW, Washington, confidential information that you or a
HHS.
DC 20250–0244, are designated as third party may not wish to be posted,
ACTION: Notification of public hearing; such as medical information, your or
referendum agents for this referendum. request for comments. anyone else’s Social Security number, or
The referendum procedures at 7 CFR
SUMMARY: The Food and Drug confidential business information, such
1208.100 through 1208.108, issued
Administration (FDA or the Agency) is as a manufacturing process. Please note
pursuant to the 1996 Act, will be used
announcing a public hearing on FDA’s that if you include your name, contact
to conduct the referendum. information, or other information that
approach to enhancing competition and
The referendum agents will mail the identifies you in the body of your
innovation in the biological products
ballots to be cast in the referendum and comments, that information will be
marketplace, including by facilitating
voting instructions to all known, eligible posted on https://www.regulations.gov.
greater availability of biosimilar and
producers and importers prior to the • If you want to submit a comment
interchangeable products.
first day of the voting period. Persons with confidential information that you
DATES: The public hearing will be held do not wish to be made available to the
who produced 20,000 pounds or more
on Tuesday, September 4, 2018, from 9 public, submit the comment as a
of raspberries for processing in the
a.m. to 5 p.m. The public hearing may written/paper submission and in the
United States or imported 20,000
be extended or may end early, manner detailed (see ‘‘Written/Paper
pounds or more of processed raspberries depending on the level of public
into the United States during the Submissions’’ and ‘‘Instructions’’).
participation. Persons seeking to attend
representative period and were subject or to present at the public hearing must Written/Paper Submissions
to assessment during that period are register by Tuesday, August 14, 2018. Submit written/paper submissions as
eligible to vote. Persons who received Section III provides attendance and follows:
an exemption from assessments registration information. Electronic or • Mail/Hand delivery/Courier (for
pursuant to § 1208.53 during the entire written comments will be accepted after written/paper submissions): Dockets
representative period are ineligible to the public hearing until Friday, Management Staff (HFA–305), Food and
vote. Any eligible producer of September 21, 2018. Drug Administration, 5630 Fishers
raspberries for processing or importer of ADDRESSES: The public hearing will be Lane, Rm. 1061, Rockville, MD 20852.
processed raspberries who does not held at the FDA White Oak Campus, • For written/paper comments
receive a ballot should contact a 10903 New Hampshire Ave., Bldg. 31 submitted to the Dockets Management
referendum agent no later than one Conference Center, the Great Room (Rm. Staff, FDA will post your comment, as
week before the end of the voting 1503A), Silver Spring, MD 20993–0002. well as any attachments, except for
period. Mail ballots must be postmarked Entrance for public hearing participants information submitted, marked, and
by October 5. Ballots delivered via (non-FDA employees) is through identified as confidential, if submitted
express mail or email must show proof Building 1, where routine security as detailed in ‘‘Instructions.’’
of delivery by no later than 11:59 p.m. check procedures will be performed. For Instructions: All submissions received
ET on October 5, 2018, to be counted. parking and security information, please must include the Docket No. FDA–
refer to https://www.fda.gov/AboutFDA/ 2018–N–2689 for ‘‘Facilitating
List of Subjects in 7 CFR Part 1208 WorkingatFDA/BuildingsandFacilities/ Competition and Innovation in the
Administrative practice and WhiteOakCampusInformation/ Biological Products Marketplace; Public
procedure, Advertising, Consumer ucm241740.htm. Hearing; Request for Comments.’’
You may submit comments as Received comments, those filed in a
information, Marketing agreements,
follows. Please note that late, untimely timely manner (see ADDRESSES), will be
Raspberry promotion, Reporting and
filed comments will not be considered. placed in the docket and, except for
recordkeeping requirements. Electronic comments must be submitted those submitted as ‘‘Confidential
Authority: 7 U.S.C. 7411–7425; 7 U.S.C. on or before Friday, September 21, 2018. Submissions,’’ publicly viewable at
7401. The https://www.regulations.gov https://www.regulations.gov or at the
Dated: July 20, 2018. electronic filing system will accept Division of Dockets Management
daltland on DSKBBV9HB2PROD with PROPOSALS
comments until midnight Eastern Time between 9 a.m. and 4 p.m., Monday
Bruce Summers,
at the end of Friday, September 21, through Friday.
Administrator. 2018. Comments received by mail/hand • Confidential Submissions—To
[FR Doc. 2018–15894 Filed 7–24–18; 8:45 am] delivery/courier (for written/paper submit a comment with confidential
BILLING CODE 3410–02–P submissions) will be considered timely information that you do not wish to be
if they are postmarked or the delivery made publicly available, submit your
service acceptance receipt is on or comments only as a written/paper
before that date. submission. You should submit two
VerDate Sep<11>2014 16:53 Jul 24, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM 25JYP1](https://thefederalregister.org/doc/83_FR_35296/page/2.svg)
Document Created: 2018-07-25 00:43:59
Document Modified: 2018-07-25 00:43:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notification of referendum order. | |
| Dates | The referendum will be conducted from September 10 through October 5, 2018. The Department will provide the option for ballots to be returned electronically. Further details will be provided in the ballot instructions. Mail ballots must be postmarked by October 5. Ballots delivered via express mail or email must show proof of delivery by no later than 11:59 p.m. Eastern Time (ET) on October 5, 2018, to be counted. | |
| Contact | Hakim Fobia, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (202) 720-9915, (202) 720-4835 (direct line); facsimile: (202) 205-2800; or electronic mail: [email protected] | |
| FR Citation | 83 FR 35153 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; Consumer Information; Marketing Agreements; Raspberry Promotion and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR