[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Proposed Rules]
[Page 33388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16431]
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Proposed Rules
Federal Register
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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. 61, No. 125 / Thursday, June 27, 1996 /
Proposed Rules
[[Page 33388]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 928
[Docket No. FV-96-928-2]
Papayas Grown in Hawaii; Continuance Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
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SUMMARY: This document directs that a referendum be conducted among
eligible growers of Hawaiian papayas to determine whether they favor
continuance of the marketing order regulating the handling of papayas
grown in the production area.
DATES: The referendum will be conducted from July 1 through July 26,
1996. The representative production period is from July 1, 1994,
through June 30, 1995.
ADDRESSES: Copies of the text of the aforesaid marketing order may be
obtained from the office of the referendum agent at 2202 Monterey
Street, Suite 102B, Fresno, California 93721, or the Office of the
Docket Clerk, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, P.O. Box 96456, Room 2525-S, Washington,
D.C., 20090-6456.
FOR FURTHER INFORMATION CONTACT: Martin J. Engeler, California
Marketing Field Office, Marketing Order Administration Branch, Fruit
and Vegetable Division, Agricultural Marketing Service, U.S. Department
of Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California,
93721; telephone: (209) 487-5901; or Charles L. Rush, Marketing Order
Administration Branch, Fruit and Vegetable Division, Agricultural
Marketing Service, U.S. Department of Agriculture, room 2522-S, P.O.
Box 96456, Washington, D.C. 20090-6456; telephone: (202) 720-2431.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 928 (7 CFR
Part 928), hereinafter referred to as the ``order,'' 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 a referendum be conducted to ascertain whether
continuance of the order is favored by growers. The referendum shall be
conducted during the period July 1 through July 26, 1996, among growers
in the production area. Only growers who were engaged in the production
of papayas during the period July 1, 1994, through June 30, 1995, may
participate in the continuance referendum.
The Secretary of Agriculture has determined that continuance
referenda are an effective means for ascertaining whether growers favor
continuation of marketing order programs. The Secretary would consider
termination of the order if less than two-thirds of the growers voting
in the referendum and growers of less than two-thirds of the volume of
papayas represented in the referendum favor continuance. In evaluating
the merits of continuance versus termination, the Secretary would not
only consider the results of the continuance referendum. The Secretary
would also consider all other relevant information concerning the
operation of the order and the relative benefits and disadvantages to
growers, handlers, and consumers in order to determine whether
continued operation of the order would tend to effectuate the declared
policy of the Act.
In any event, section 608c(16)(B) of the Act requires the Secretary
to terminate an order whenever the Secretary finds that a majority of
all growers favor termination, and such majority produced for market
more than 50 percent of the commodity covered under such order.
The order requires that a referendum be held every 6 years to
determine whether growers favor continuance of their marketing order
program. The most recent referendum was held in May 1993. The next
referendum was scheduled for 1999. However, due to concerns regarding
the operation of the order including program compliance, the Department
has determined that a referendum should be held at this time to
ascertain whether growers favor continuance of the order.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 38), the ballot materials to be used in the referendum herein
ordered have been submitted to and approved by the Office of Management
and Budget (OMB) and have been assigned OMB No. 0581-0102. It has been
estimated that it will take an average of 20 minutes for each of the
approximately 400 growers of papayas to participate in the voluntary
referendum balloting. Ballots postmarked after July 26, 1996 will not
be included in the vote tabulation.
Martin J. Engeler, California Marketing Field Office, Fruit and
Vegetable Division, Agricultural Marketing Service, USDA, is hereby
designated as the referendum agent of the Secretary of Agriculture to
conduct such referendum. The procedure applicable to the referendum
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 known growers and may also be
obtained from the referendum agent and from his appointees at the above
address.
List of Subjects in 7 CFR Part 928
Marketing agreements, Papayas, Reporting and recordkeeping
requirements.
Authority: Agricultural Marketing Agreement Act of 1937, 48
Stat. 31, as amended; 7 U.S.C. 601-674.
Dated: June 24, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-16431 Filed 6-26-96; 8:45 am]
BILLING CODE 3410-02-P
