[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Notices]               
[Page 67468-67469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-46]                         


	
	
	
	

Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================



[[Page 67468]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket AMS-LS-07-0055; LS-07-06]

 
Pork Promotion, Research, and Consumer Information Program: 
Request for Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final Notice of Request for Referendum.

-----------------------------------------------------------------------

SUMMARY: This Notice announces that the United States Department of 
Agriculture's (USDA) Agricultural Marketing Service (AMS) will conduct 
a Request for Referendum among eligible pork producers and importers of 
hogs, pigs, pork, and pork products to determine if those persons want 
a referendum on the Pork Promotion, Research, and Consumer Information 
Order (Order), commonly known as the Pork Checkoff Program. The Request 
for Referendum will be conducted on December 8, 2008 through January 2, 
2009. Participation is voluntary. Only those persons who want a 
referendum on the Pork Checkoff Program will participate. The Request 
for Referendum is being conducted as a result of a settlement of a 
lawsuit entered into February 28, 2001, with USDA and the Michigan Pork 
Producers Association, Inc., et al. (Plaintiffs). Under the settlement 
agreement, USDA agreed to conduct a Request for Referendum among 
eligible pork producers and importers to determine whether producers 
and importers favor holding a referendum on the Pork Checkoff Program. 
If the results of the the Request for Referendum show that 15 percent 
of the total number of eligible producers and importers want a 
referendum on the Pork Checkoff Program, the referendum will be 
conducted within 1 year after the results of the Request for Referendum 
are announced. If results of the Request for Referendum indicate that a 
referendum is not supported, a referendum would not be conducted.

DATES: Effective Date: November 14, 2008.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch, at (202) 720-1115, by fax at (202) 720-1125, or by e-
mail at Kenneth.Payne@usda.gov or Rick Pinkston, USDA, FSA, DAFO, at 
(202) 720-1857, by fax at (202) 720-1096, or by e-mail at 
Rick.Pinkston@wdc.usda.gov.

SUPPLEMENTARY INFORMATION: The Pork Promotion, Research, and Consumer 
Information Act of 1985 (Act) (7 U.S.C. 4801-4819) provides for the 
establishment of a coordinated program of promotion and research 
designed to strengthen the pork industry's position in the marketplace 
and to maintain and expand domestic and foreign markets and uses for 
pork and pork products. The program is financed by an assessment of 
0.40 percent of the market value of domestic and imported hogs and pigs 
and an equivalent amount on imported pork and pork products. Pursuant 
to the Act, an Order was made effective September 5, 1986, and the 
collection of assessments began on November 1, 1986.
    The Request for Referendum is being conducted as a result of a 
settlement of a lawsuit entered into February 28, 2001, with USDA and 
the Plaintiffs. On February 28, 2001, USDA entered into a settlement 
agreement with the Plaintiffs that was based on the guiding principle 
that the National Pork Board which administers the Pork Checkoff 
Program should operate independently of the National Pork Producers 
Council, and any successor or similar organization, while the Pork 
Checkoff Program is in effect. Under the settlement agreement, USDA 
agreed to conduct a Request for Referendum among eligible pork 
producers and importers to determine whether 15 percent of those 
eligible producers and importers want a referendum on the Pork Checkoff 
Program.
    For the purposes of determining the total number of pork producers 
for the Request for Referendum, AMS utilized the most recent data 
published by USDA's National Agricultural Statistics Service (NASS) in 
its February 2008, ``Farms, Land in Farms, and Livestock Operations'' 
report. The report shows that, for the year of 2007, the total number 
of farm operations with hogs and pigs, including those in Puerto Rico, 
was 67,140. Also, according to the U.S. Customs and Border Protection 
(Customs) data, there are approximately 2,306 importers who imported 
hogs, pigs, pork, or pork products during calendar year 2007. Based 
upon this data, the number of producers and importers eligible to 
participate in the Request for Referendum is approximately 69,446. 
Therefore, at least 10,417 eligible producers and importers must 
request a referendum on the Pork Checkoff Program.
    Producers engaged in pork production and importers engaged in the 
importation of hogs, pigs, pork, or pork products between January 1, 
2007, and December 31, 2007, and were at least 18 years of age on or 
before December 31, 2007, are eligible to participate.
    Producers will participate at county FSA offices. Producers may 
obtain Form LS-54-1: Pork Promotion, Research, and Consumer Information 
Request for Referendum form by mail, fax, or in person from county FSA 
offices or on USDA's Web site at http://www.ams.usda.gov/
LSMarketingPrograms. Producers must return Form LS 54-1 and supporting 
documentation, such as sales receipts, feed bills, veterinary bills, 
copies of grower contracts, and cancelled check or proof of payment 
where applicable, etc * * *, to the county FSA office where FSA 
maintains and processes the producer's administrative farm records or 
at the county FSA office serving the county where the producer owns or 
rents land. A person engaged in the production of hogs or pigs in the 
United States for sale in commerce who operates in more than one county 
must participate in the county FSA office where the person does most of 
his or her business. Completed Form LS 54-1 and supporting 
documentation, such as sales receipts, feed bills, veterinary bills, 
copies of grower contracts, and cancelled check or proof of payment 
where applicable, etc * * *, must be returned to the appropriate county 
FSA office by fax or in person no later than the last day of the 
Request for Referendum period, January 2, 2009, or, if returned by 
mail, LS 54-1 and supporting documentation must be postmarked by 
January 2, 2009. Eligible producers can determine the location of

[[Page 67469]]

county FSA offices by contacting the nearest county FSA office, the 
State FSA office, or on FSA's Web site at http://www.fsa.usda.gov/pas/
default.asp. From the options available on this Web page select 
``Contact Us'' and locate the service center closest to you. Some 
county FSA offices service multiple counties. FSA will coordinate State 
and county FSA roles in conducting the Request for Referendum by (1) 
confirming producer eligibility, (2) canvassing and counting requests, 
and (3) reporting the results to AMS. Contract growers, who do not own, 
but do raise, provide care, and feed hogs and pigs for an owner, 
including a parent company, are allowed to participate in the Request 
for Referendum. For the producer not participating in FSA programs, the 
opportunity to participate will be provided at the County FSA office 
where the person owns or rents land.
    Importers will participate through USDA's AMS headquarters office 
in Washington, DC. Importers may obtain Form LS-54-1 via mail, 
facsimile, or telephone from Kenneth R. Payne, Chief, Marketing 
Programs, Livestock and Seed Program, AMS, USDA, Room 2628-S, STOP 
0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251; 
Telephone: 202-720-1115; Fax: (202) 720-1125; via e-mail at 
Kenneth.Payne@usda.gov; or on USDA's Web site via the Internet at 
http://www.ams.usda.gov/LSMarketingPrograms. Importers must return Form 
LS 54-1 and supporting documentation such as Customs Form 7501, or any 
other supporting documentation to AMS by fax at (202) 720-1125, or in 
person no later than January 2, 2009. If returned by mail, form LS 54-1 
and supporting documentation such as Customs Form 7501 must be 
postmarked by January 2, 2009. AMS strongly recommends that importers 
use a form of express mail service if returning forms via mail. AMS 
will determine importer eligibility.
    Comments: USDA received three comments in response to the Request 
for Referendum Notice published on May 23, 2008. As previously 
mentioned, the purpose of the Notice was to receive comments on the 
information collection of the described action. One comment supported 
the collection of information AMS will use in the Request for 
Referendum, specifically using sales receipts as proof of eligibility. 
However, one commenter supported this action but suggested that 
contract growers provide copies of their grower contracts and a 
cancelled check as proof of payment. AMS believes that this has merit. 
Thus, contract growers will be required to provide their grower 
contract or cancelled check as proof of eligibility. This commenter 
also recommended that the only proof of eligibility that should be 
accepted for non-contract growers is a market sales receipt and opposed 
the use of feed and veterinary bills as proof of eligibility. One 
commenter supported this comment while noting that proof of the 
checkoff deduction is not always present on the bill of sale. However, 
AMS still concludes that copies of feed and veterinary bills dated 
during the representative period are adequate proof of producer 
eligibility. Consequently, AMS does not accept these comments. Several 
other comments provided by these commenters did not specifically 
address the information collection that was under consideration by AMS, 
and were therefore, not considered. In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), the information 
collection request for the Request for Referendum has been approved by 
the Office of Management and Budget (OMB) and assigned OMB control 
number OMB 0581-0249.

    Authority: 7 U.S.C. 4801-4811 and 7 U.S.C. 7401.

    Dated: November 7, 2008.
James E. Link,
Administrator.
 [FR Doc. E8-27016 Filed 11-13-08; 8:45 am]

BILLING CODE 3410-02-P