Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Continuance Referendum, 9965 [E8-3494]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Proposed Rules]
[Page 9965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3494]


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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. 73, No. 37 / Monday, February 25, 2008 / 
Proposed Rules

[[Page 9965]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. AMS-FV-07-0137; FV08-930-1]


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 continuance referendum be 
conducted among eligible growers and processors of tart cherries 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 grown in the 
production area.

DATES: The referendum will be conducted from March 17 through March 31, 
2008. To vote in this referendum, growers and processors must have been 
engaged in producing or processing tart cherries within the production 
area during the period July 1, 2006, through June 30, 2007.

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, AMS, USDA, 
1400 Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella 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: 
Patricia.Petrella@usda.gov or Kenneth.Johnson@usda.gov.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 930 (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 shall be conducted during the period March 17 through March 
31, 2008, among eligible tart cherry growers and processors in the 
production area. Only growers and processors that were engaged in the 
production or processing of tart cherries in the States of Michigan, 
New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin during 
the period of July 1, 2006, through June 30, 2007, may participate in 
the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether growers and processors favor continuation 
of marketing order programs. USDA would consider termination of the 
order if continuance is favored by fewer than 50 percent of the growers 
and processors who vote in the referendum, and growers and processors 
of less than 50 percent of the volume of tart cherries represented in 
the referendum favor continuance.
    In evaluating the merits of continuance versus termination, USDA 
will consider the results of the continuance referendum and other 
relevant information concerning the operation of the order. USDA will 
evaluate the order's 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 
are currently approved by the Office of Management and Budget (OMB) 
under OMB No. 0581-0177, Tart Cherries Grown in the States of Michigan, 
New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin. It has 
been estimated that it will take an average of 20 minutes for each of 
the approximately 40 processors and 900 growers of tart cherries in the 
production area to cast a ballot. Participation is voluntary. Ballots 
postmarked after March 31, 2008, will be marked invalid and not 
included in the vote tabulation.
    Kenneth G. Johnson, Patricia A. Petrella, 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 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 900.400 et seq.).
    Ballots will be mailed to all growers and processors of record and 
may also be obtained from the referendum agents and from their 
appointees.

List of Subjects in 7 CFR Part 930

    Tart Cherries, Marketing agreements, Reporting and recordkeeping 
requirements.

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

    Dated: February 19, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-3494 Filed 2-22-08; 8:45 am]
BILLING CODE 3410-02-P