[Federal Register: December 16, 2002 (Volume 67, Number 241)]
[Proposed Rules]
[Page 77003-77004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de02-16]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. FV03-916-1]
Nectarines, Pears, and Peaches Grown in California; Continuance
Referenda
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referenda order.
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SUMMARY: This document directs that referenda be conducted among
eligible growers of California nectarines, pears, and peaches to
determine whether they favor continuance of the marketing orders
regulating the handling of nectarines, pears, and peaches grown in the
production area.
DATES: The referenda will be conducted from January 6 through January
31, 2003. To vote in these referenda, growers must have been producing
California nectarines, pears, and peaches during the period April 1
through November 30, 2002.
ADDRESSES: Copies of the marketing orders may be obtained from the
office of the referenda agents at 2202 Monterey Street, Suite 102B,
Fresno, California 93721, or the Office of the Docket Clerk, Marketing
Order Administration Branch, Fruit and Vegetable Programs, Agricultural
Marketing Service, U.S. Department of Agriculture (USDA), 1400
Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237.
FOR FURTHER INFORMATION CONTACT: Kurt J. Kimmel or Terry Vawter,
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and
[[Page 77004]]
Vegetable Programs, Agricultural Marketing Service, U.S. Department of
Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California
93721; telephone (559) 487-5901; fax (559) 487-5906; or Kathleen Finn,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Ave., SW., Stop 0237, Washington, DC
20250-0237; telephone (202) 720-2491; fax (202) 720-8938.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 916 (7 CFR
part 916) and Marketing Order No. 917 (7 CFR part 917), hereinafter
referred to as the ``orders,'' and the applicable provisions of the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act,'' it is hereby directed
that referenda be conducted to ascertain whether continuance of the
orders is favored by growers. The referenda shall be conducted during
the period January 6 through January 31, 2003, among California
nectarine, pear, and peach growers in the production area. Only growers
that were engaged in the production of California nectarines, pears,
and peaches during the period of April 1 through November 30, 2002, may
participate in the continuance referenda.
Although pears are included under the provisions of M.O. 917, those
provisions have been suspended since April 1994. Since that time, the
pear industry has been regulated by a State marketing order. If the
results of the pear referendum do not favor continuance, the pear order
will be terminated. Otherwise, this suspension will remain in effect
unless the pear industry recommends reactivation of the federal
program.
USDA has determined that continuance referenda are an effective
means for determining whether growers favor continuation of marketing
order programs. The USDA would consider termination of the orders if
less than two-thirds of the growers voting in the referenda and growers
of less than two-thirds of the volume of California nectarines, pears,
and peaches represented in the referenda favor continuance. In
evaluating the merits of continuance versus termination, the USDA will
not only consider the results of the continuance referenda. The USDA
will also consider all other relevant information concerning the
operation of the orders and the relative benefits and disadvantages to
growers, handlers, and consumers in order to determine whether
continued operation of the orders would tend to effectuate the declared
policy of the Act.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the ballot materials used in the referenda herein ordered
have been submitted to and approved by the Office of Management and
Budget (OMB) and have been assigned OMB No. 0581-0189 for nectarines,
pears, and peaches. It has been estimated that it will take an average
of 30 minutes for each of the approximately 2,130 growers of California
nectarines, pears, and peaches to cast a ballot. Participation is
voluntary. Ballots postmarked after January 31, 2003, will not be
included in the vote tabulation.
Kurt J. Kimmel and Terry Vawter of the California Marketing Field
Office, Fruit and Vegetable Programs, Agricultural Marketing Service,
USDA, are hereby designated as the referenda agents of USDA to conduct
such referenda. The procedure applicable to the referenda shall be the
``Procedure for the Conduct of Referenda in Connection With Marketing
Orders for Fruits, Vegetables, and Nuts Pursuant to the Agricultural
Marketing Agreement Act of 1937, as Amended'' (7 CFR part 900.400 et.
seq).
Ballots will be mailed to all growers of record and may also be
obtained from the referenda agents and from their appointees.
List of Subjects
7 CFR Part 916
Marketing agreements, Nectarines, Reporting and recordkeeping
requirements.
7 CFR Part 917
Marketing agreements, Peaches, Pears, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Dated: December 9, 2002.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-31582 Filed 12-13-02; 8:45 am]
BILLING CODE 3410-02-P
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