[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Proposed Rules]
[Page 20002]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap08-23]
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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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[[Page 20002]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Docket No. AMS-FV-08-0014; FV08-920-1]
Kiwifruit Grown in California; Continuance Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
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SUMMARY: This document directs that a continuance referendum be
conducted among eligible California kiwifruit growers to determine
whether they favor continuance of the marketing order regulating the
handling of kiwifruit grown in California.
DATES: The referendum will be conducted from May 15 through May 30,
2008. To vote in this referendum, growers must have been engaged in
producing kiwifruit within the production area during the period August
1, 2007, through April 30, 2008.
ADDRESSES: Copies of the marketing order may be obtained from the
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street,
102-B, 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, 1400 Independence Avenue, SW., Stop 0237, Washington, DC
20250-0237.
FOR FURTHER INFORMATION CONTACT: Kurt J. Kimmel, Regional Manager, or
Maureen T. Pello, Assistant Regional Manager, California Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901, Fax: (559)
487-5906, or e-mail: Kurt.Kimmel@usda.gov, or Maureen.Pello@usda.gov.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 920 (7 CFR
part 920), 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 15 through May 30, 2008, among eligible
kiwifruit growers in the production area. Only growers that were
engaged in the production of kiwifruit in California during the period
of August 1, 2007, through April 30, 2008, may participate in the
continuance referendum.
USDA has determined that continuance referenda are an effective
means for determining whether growers favor the continuation of
marketing order programs. 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 kiwifruit represented
in the referendum favor continuance of their program.
In evaluating the merits of continuance versus termination, USDA
will not only consider the results of the continuance referendum. 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 250 producers of kiwifruit in the production area to cast
a ballot. Participation is voluntary. Ballots postmarked after May 30,
2008, will not be included in the vote tabulation.
Kurt J. Kimmel and Maureen T. Pello of the California 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 920
Kiwifruit, Marketing agreements, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Dated: April 8, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-7864 Filed 4-11-08; 8:45 am]
BILLING CODE 3410-02-P