Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Continuance Referendum

Published date04 February 2020
Citation85 FR 6102
Record Number2020-01983
SectionProposed rules
CourtAgricultural Marketing Service
Federal Register, Volume 85 Issue 23 (Tuesday, February 4, 2020)
[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
                [Proposed Rules]
                [Page 6102]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-01983]
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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. 85, No. 23 / Tuesday, February 4, 2020 /
                Proposed Rules
                [[Page 6102]]
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                DEPARTMENT OF AGRICULTURE
                Agricultural Marketing Service
                7 CFR Part 930
                [Doc. No. AMS-SC-19-0111; SC20-930-2 CR]
                Tart Cherries Grown in the States of Michigan, New York,
                Pennsylvania, Oregon, Utah, Washington, and Wisconsin; 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 and processors of tart cherries grown in the States of
                Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and
                Wisconsin to determine whether they favor continuance of the marketing
                order regulating the handling of tart cherries produced in the
                production area.
                DATES: The referendum will be conducted from March 9 through March 30,
                2020. Only current growers and processors of tart cherries within the
                production area that produced or processed tart cherries during the
                period July 1, 2018, through June 30, 2019, are eligible to vote in
                this referendum.
                ADDRESSES: Copies of the marketing order may be obtained from the
                Southeast Marketing Field Office, Marketing Order and Agreement
                Division, Specialty Crops Program, AMS, USDA, 1124 First Street South,
                Winter Haven, FL 33880; Telephone: (863) 324-3375; from the Marketing
                Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400
                Independence Avenue SW, STOP 0237, Washington, DC 20250-0237;
                Telephone: (202) 720-2491; or on the internet: http://www.regulations.gov.
                FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing
                Specialist, or Christian D. Nissen, Regional Director, Southeast
                Marketing Field Office, Marketing Order and Agreement Division,
                Specialty Crops Program, AMS, USDA, 1124 First Street South, Winter
                Haven, FL 33880; Telephone: (863) 324-3375, Fax: (863) 291-8614, or
                Email: [email protected] or [email protected].
                SUPPLEMENTARY INFORMATION: Pursuant to Marketing Agreement and Order
                No. 930, as amended (7 CFR part 930), 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 and processors. The referendum will be conducted from March 9
                through March 30, 2020, among tart cherry growers and processors in the
                production area. Only current tart cherry growers and processors who
                were also engaged in the production or processing of tart cherries
                during the period of July 1, 2018, through June 30, 2019, may
                participate in the continuance referendum.
                 USDA has determined that continuance referenda are an effective
                means for determining whether growers and processors favor the
                continuation of marketing order programs. The Order will continue in
                effect if at least 50 percent of the growers and processors voting, by
                number or volume, vote in favor of continuance. In evaluating the
                merits of continuance versus termination, USDA will not exclusively
                consider the results of the continuance referendum. USDA will also
                consider all other relevant information regarding operation of the
                Order and relative benefits and disadvantages to growers, processors,
                and consumers in determining 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 ballots used in the referendum have been approved by
                the Office of Management and Budget (OMB) and have been assigned OMB
                No. 0581-0177, Tart Cherries Grown in Michigan, New York, Pennsylvania,
                Oregon, Utah, Washington, and Wisconsin. It has been estimated it will
                take an average of 20 minutes for each of the approximately 400 tart
                cherry growers and 40 processors to cast a ballot. Participation is
                voluntary. Ballots postmarked after March 30, 2020, will not be
                included in the vote tabulation.
                 Jennie M. Varela and Christian D. Nissen of the Southeast Marketing
                Field Office, Specialty Crops Program, AMS, USDA, are hereby designated
                as the referendum agents of the Secretary of Agriculture to conduct
                this 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).
                 Ballots will be mailed to all growers and processors of record and
                may also be obtained from the referendum agents or from their
                appointees.
                List of Subjects in 7 CFR Part 930
                 Marketing agreements, Reporting and recordkeeping requirements,
                Tart cherries.
                 Authority: 7 U.S.C. 601-674.
                 Dated: January 29, 2020.
                Bruce Summers,
                Administrator, Agricultural Marketing Service.
                [FR Doc. 2020-01983 Filed 2-3-20; 8:45 am]
                BILLING CODE 3410-02-P
                

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