Continuance Referendum:

Federal Register: March 23, 2011 (Volume 76, Number 56)

Proposed Rules

Page 16322-16323

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr23mr11-23

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 7 CFR Part 929

Docket No. AMS-FV-11-0011; FV11-929-1

Cranberries Grown in the States of Massachusetts, Rhode Island,

Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon,

Washington, and Long Island in the State of New York; Continuance

Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

SUMMARY: This document directs that a continuance referendum be conducted among eligible growers of cranberries in the States of

Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin,

Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York to determine whether they favor continuance of the marketing order regulating the handling of cranberries grown in the production area.

DATES: The referendum will be conducted from May 16 through May 31, 2011. To vote in this referendum, growers must have been engaged in producing cranberries within the production area during the period

September 1, 2009, through August 31, 2010.

ADDRESSES: Copies of the marketing order may be obtained from USDA,

Washington DC Marketing Field Office, 4700 River Road, Unit 155,

Riverdale, Maryland 20737, or the Office of the Docket Clerk, Marketing

Order Administration Branch, Fruit and Vegetable Programs, Agricultural

Page 16323

Marketing Service, U.S. Department of Agriculture, 1400 Independence

Avenue, SW., Stop 0237, Washington, DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Dawana J. Clark or Kenneth G. Johnson,

Marketing Order Administration Branch, Fruit and Vegetable Programs,

AMS, USDA, Unit 155, 4700 River Road, Riverdale, MD 20737; telephone:

(301) 734-5243, Fax: (301) 734-5275; or e-mail at:

Dawana.Clark@ams.usda.gov or Kenneth.Johnson@ams.usda.gov.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 929 (7 CFR part 929), 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 May 16 through May 31, 2011, among eligible cranberry growers in the production area. Only growers that were engaged in the production of cranberries in the States of

Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin,

Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York during the period of September 1, 2009, through August 31, 2010, may participate in the continuance referendum. Ballots postmarked after May 31, 2011, will be marked invalid and not included in the vote tabulation.

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 order if less than 50 percent of the growers who vote in the referendum and growers of less than 50 percent of the volume of cranberries represented in the referendum favor continuance of their program.

In evaluating the merits of continuance versus termination, the

USDA will not merely consider the results of the continuance referendum. The USDA will also consider all other relevant information concerning the operation of the order and the relative benefits and disadvantages to growers, processors, and consumers in order to determine whether continued operation of the order 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 referendum herein ordered have been previously approved by the Office of Management and Budget

(OMB) under OMB No. 0581-0189, OMB Generic Fruit Crops. It has been estimated that it will take an average of 20 minutes for each of the approximately 1,200 producers of cranberries in the production area to cast a ballot. Participation is voluntary.

Kenneth G. Johnson and Dawana Clark of the Washington, DC Marketing

Field Office, Fruit and Vegetable Programs, Agricultural Marketing

Service, USDA, are hereby designated as the referendum agents of USDA 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 900.400 et seq.).

Ballots will be mailed to all growers of record and may also be obtained from the referendum agents and from their appointees.

List of Subjects in 7 CFR Part 929

Cranberries, Marketing agreements, Reporting and recordkeeping requirements.

Authority: 7 U.S.C. 601-674.

Dated: March 16, 2011.

David R. Shipman,

Associate Administrator, Agricultural Marketing Service.

FR Doc. 2011-6833 Filed 3-22-11; 8:45 am

BILLING CODE 3410-02-P