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, 16322-16323 [2011-6833]
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Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules
classification fees from participating
producers or agents that voluntarily
agree to collect and remit the fees on
behalf of the producers; (2)
classification fees collected and the
proceeds from the sales of samples
submitted for classification shall, to the
extent practicable, be used to pay the
cost of the services provided, including
administrative and supervisory costs; (3)
the Secretary shall announce a uniform
classification fee and any applicable
surcharge for classification services not
later than June 1 of the year in which
the fee applies; and (4) in establishing
the amount of fees under this section,
the Secretary shall consult with
representatives of the United States
cotton industry. At pages 313–314, the
Joint Explanatory Statement of the
committee of conference for section
14201 stated the expectation that the
cotton classification fee would be
established in the same manner as was
applied during the 1992 through 2007
fiscal years. The classification fee
should continue to be a basic, uniform,
per-bale fee as determined necessary to
maintain cost-effective cotton
classification service. Further, in
consulting with the cotton industry, the
Secretary should demonstrate the level
of fees necessary to maintain effective
cotton classification services and
provide the Department of Agriculture
with an adequate operating reserve,
while also working to limit adjustments
in the year-to-year fee.
Under the provisions of section
14201, a user fee (dollar amount per
bale classed) is proposed for the 2011
cotton crop that, when combined with
other sources of revenue, will result in
projected revenues sufficient to
reasonably cover budgeted costs—
adjusted for inflation—and allow for
adequate operating reserves to be
maintained. Costs considered in this
method include salaries, costs of
equipment and supplies, and other
overhead costs, such as facility costs
and costs for administration and
supervision. In addition to covering
expected costs, the user fee is set such
that projected revenues will generate an
operating reserve adequate to effectively
manage uncertainties related to crop
size and cash-flow timing while meeting
minimum reserve requirements set by
the Agricultural Marketing Service,
which require maintenance of a reserve
fund amount of at least four months of
projected operating costs.
The user fee proposed to be charged
cotton producers for cotton
classification in 2011 is $2.20 per bale
which is the same fee charged for the
2010 crop. This fee is based on the preseason projection that 16,500,000 bales
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15:59 Mar 22, 2011
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will be classed by the United States
Department of Agriculture during the
2011 crop year.
Accordingly, § 28.909, paragraph (b)
would reflect the continuation of the
cotton classification fee at $2.20 per
bale.
As provided for in the 1987 Act, a 5
cent per bale discount would continue
to be applied to voluntary centralized
billing and collecting agents as specified
in § 28.909(c).
Growers or their designated agents
receiving classification data would
continue to incur no additional fees if
classification data is requested only
once. The fee for each additional
retrieval of classification data in
§ 28.910 would remain at 5 cents per
bale. The fee in § 28.910(b) for an owner
receiving classification data from the
National database would remain at 5
cents per bale, and the minimum charge
of $5.00 for services provided per
monthly billing period would remain
the same. The provisions of § 28.910(c)
concerning the fee for new classification
memoranda issued from the National
Database for the business convenience
of an owner without reclassification of
the cotton will remain the same at 15
cents per bale or a minimum of $5.00
per sheet.
The fee for review classification in
§ 28.911 would be maintained at $2.20
per bale.
The fee for returning samples after
classification in § 28.911 would remain
at 50 cents per sample.
A 15-day comment period is provided
for public comments. This period is
appropriate because it is anticipated
that the proposed fees, if adopted,
would be made effective for the 2011
cotton crop on July 1, 2011.
List of Subjects in 7 CFR Part 28
Administrative practice and
procedure, Cotton, Cotton samples,
Grades, Market news, Reporting and
record keeping requirements, Standards,
Staples, Testing, Warehouses.
For the reasons set forth in the
preamble, 7 CFR part 28 is proposed to
be amended to read as follows:
PART 28—[AMENDED]
1. The authority citation for 7 CFR
part 28, subpart D, continues to read as
follows:
Authority: 7 U.S.C. 471–476.
2. In § 28.909, paragraph (b) is revised
to read as follows:
§ 28.909
*
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Costs.
*
Frm 00002
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(b) The cost of High Volume
Instrument (HVI) cotton classification
service to producers is $2.20 per bale.
*
*
*
*
*
3. In § 28.911, the last sentence of
paragraph (a) is revised to read as
follows:
§ 28.911
Review classification.
(a) * * * The fee for review
classification is $2.20 per bale.
*
*
*
*
*
Dated: March 16, 2011.
David R. Shipman,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2011–6835 Filed 3–22–11; 8:45 am]
BILLING CODE 3410–02–P
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
Agricultural Marketing Service,
USDA.
ACTION: Referendum order.
AGENCY:
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
SUMMARY:
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jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules
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
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Jkt 223001
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
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Doc. No. AMS–FV–11–0010; FV11–946–1
CR]
Irish Potatoes Grown in Washington;
Continuance Referendum
Agricultural Marketing Service,
USDA.
ACTION: Referendum order.
AGENCY:
This document directs that a
referendum be conducted among
eligible Washington potato growers to
determine whether they favor
continuance of the marketing order
regulating the handling of Irish potatoes
grown in Washington.
DATES: The referendum will be
conducted from June 11 through June
24, 2011. To vote in this referendum,
growers must have grown potatoes for
the fresh market in Washington during
the period July 1, 2009, through June 30,
2010.
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
16323
Copies of the marketing
order may be obtained from the
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, U.S. Department of Agriculture,
805 SW. Broadway, Suite 930, Portland,
Oregon 97205, 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:
Teresa Hutchinson, Marketing
Specialist, or Gary D. Olson, Regional
Manager, Northwest Marketing Field
Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or e-mail:
Teresa.Hutchinson@ams.usda.gov or
GaryD.Olson@ams.usda.gov,
respectively.
SUPPLEMENTARY INFORMATION: Pursuant
to Marketing Order No. 946 (7 CFR part
946), 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 from June 11 through June
24, 2011, among eligible Washington
potato growers. Only growers that were
engaged in the production of fresh
potatoes in Washington during the
period of July 1, 2009, through June 30,
2010, 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 fewer than
two-thirds of the growers voting in the
referendum and growers of less than
two-thirds of the volume of Washington
potatoes represented in the referendum
favor continuance of their program. 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 as well as relative benefits and
disadvantages to growers, handlers, and
consumers to determine whether
continuing 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
ADDRESSES:
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23MRP1
]]>Agencies
[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Proposed Rules]
[Pages 16322-16323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6833]
-----------------------------------------------------------------------
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
