Proposed Rule2023-15826
Paper and Paper-Based Packaging Promotion, Research, and Information Order; Continuance Referendum
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2023
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This document directs that a referendum be conducted among eligible domestic manufacturers and importers of paper and paper-based packaging to determine whether they favor continuance of the Agricultural Marketing Service's (AMS) regulations regarding a national paper and paper-based packaging research and promotion program.
Full Text
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<title>Federal Register, Volume 88 Issue 142 (Wednesday, July 26, 2023)</title>
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[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48141-48142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15826]
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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. 88, No. 142 / Wednesday, July 26, 2023 /
Proposed Rules
[[Page 48141]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1222
[Doc. No. AMS-SC-23-0013]
Paper and Paper-Based Packaging 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 domestic manufacturers and importers of paper and paper-based
packaging to determine whether they favor continuance of the
Agricultural Marketing Service's (AMS) regulations regarding a national
paper and paper-based packaging research and promotion program.
DATES: This referendum will be conducted by express mail and electronic
ballot from October 6, 2023, through October 20, 2023. To be eligible
to vote, persons who are currently domestic manufacturers and importers
and who domestically manufactured and imported 100,000 short tons or
more of paper and paper-based packaging during the representative
period from January 1 through December 31, 2022, are eligible to vote
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 on October 20, 2023.
ADDRESSES: Copies of the Paper and Paper-Based Packaging Promotion,
Research, and Information Order may be obtained from: Referendum Agent,
Market Development Division, Specialty Crops Program (SCP), AMS, USDA,
1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC
20250-0244, telephone: (202) 720-8085 or contact Marlene Betts at (202)
494-6633 or via electronic mail: <a href="/cdn-cgi/l/email-protection#d29fb3a0beb7bcb7fc90b7a6a6a192a7a1b6b3fcb5bda4"><span class="__cf_email__" data-cfemail="b5f8d4c7d9d0dbd09bf7d0c1c1c6f5c0c6d1d49bd2dac3">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Marlene Betts, Marketing Specialist,
Market Development Division, SCP, AMS, USDA, 1400 Independence Avenue
SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; Marlene Betts
(202) 494-6633 or via electronic mail: <a href="/cdn-cgi/l/email-protection#7a371b08161f141f54381f0e0e093a0f091e1b541d150c"><span class="__cf_email__" data-cfemail="0b466a79676e656e25496e7f7f784b7e786f6a256c647d">[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 Paper and Paper-Based Packaging Promotion, Research
and Information Order (Order) (7 CFR part 1222) is favored by eligible
domestic manufacturers and importers of paper and paper-based packaging
covered under the program. The Order is authorized under the Act.
The representative period for establishing voter eligibility for
the referendum shall be the period from January 1 through December 31,
2022. Persons who are currently domestic manufacturers and have
domestically manufactured 100,000 short tons or more of paper and
paper-based packaging and persons who are currently importers and have
imported 100,000 short tons or more of paper and paper-based packaging,
during the representative period are eligible to vote in the
referendum. Persons who received an exemption from assessments pursuant
to Sec. 1222.53 for the entire representative period are ineligible to
vote. The U.S. Department of Agriculture will provide the option for
electronic balloting. The referendum will be conducted by express mail
and electronic ballot from October 6 through October 20, 2023. Further
details will be provided in the ballot instructions.
Section 518 of the Act (7 U.S.C. 7411-7425) authorizes continuance
referenda. Under Sec. 1222.81(b) of the Order, USDA must conduct a
referendum no later than seven years after the program became effective
and every seven years thereafter; at the request of the Board
established in this Order; at the request of 10 percent or more of the
number of persons eligible to vote in a referendum as set forth under
the Order; or at any time as determined by the Secretary to determine
if persons subject to assessment favor continuance of the program. The
program was established in 2014 and the last referendum was held in
September 2020. The Paper and Packaging Board (Board) unanimously voted
at its November 2022 meeting to conduct a referendum in October 2023.
Therefore, at the Board's request, a continuance referendum is being
conducted before the next scheduled referendum. USDA would continue the
Order if continuance is favored by a majority of 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 and who, during the
period of January 1 through December 31, 2022, have been engaged in the
manufacturing and importation of paper and paper-based packaging.
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 been
estimated that approximately 40 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
Marlene Betts, Marketing Specialist, and Alexandra Caryl, Branch
Chief, Mid-Atlantic Region Branch, Market Development Division,
Specialty Crops Program, AMS, are hereby designated as the referendum
agents to conduct this referendum. The referendum procedures at 7 CFR
1222.100 through 1222.108, which were issued pursuant to the Act, shall
be used to conduct the referendum.
The referendum agents will express mail or provide electronically
the ballots to be cast in the referendum and voting instructions to all
known, eligible domestic manufacturers and importers prior to the first
day of the voting period. Persons who are currently domestic
manufacturers and importers and who domestically manufactured and
imported 100,000 short tons or more of paper and paper-based packaging
during the representative period are eligible to vote. Persons who
received an exemption from assessments pursuant to Sec. 1222.53 during
the entire representative period from January 1 through December 31,
2022, are ineligible to vote. Any eligible
[[Page 48142]]
domestic manufacturer or importer who does not receive a ballot should
contact a referendum agent no later than three days before the end of
the voting period. Ballots delivered via express mail or electronic
ballot show proof of delivery by no later than 11:59 p.m. Eastern Time
on October 20, 2023.
List of Subjects in 7 CFR Part 1222
Administrative practice and procedure, Advertising, Labeling,
Marketing agreements, Reporting and recordkeeping requirements.
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-15826 Filed 7-25-23; 8:45 am]
BILLING CODE 3410-02-P
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