[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Proposed Rules]
[Page 10516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4740]



 ========================================================================
 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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  Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / 
Proposed Rules  

[[Page 10516]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 955

[Docket No. FV-95-955-1]


Vidalia Onions Grown in Georgia; Order Directing That a 
Referendum be Conducted

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible producers of Vidalia onions to determine whether they favor 
continuance of the marketing order regulating the handling of Vidalia 
onions grown in the production area.

DATES: The referendum will be conducted from March 1 through March 31, 
1995. To vote in this referendum, growers must have been producing 
Vidalia onions during the period January 1 through August 15, 1994.

ADDRESSES: Copies of the marketing order may obtained from the office 
of the referendum agent at P.O. Box 2276, Winter Haven, Florida, 33883-
2276, or the Office of the Docket Clerk, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room 
2525-S, Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: William J. Pimental, Southeast 
Marketing Field Office, Marketing Order Administration Branch, Fruit 
and Vegetable Division, Agricultural Marketing Service, U.S. Department 
of Agriculture, P.O. Box 2276, Winter Haven, Florida, 33881-2276; 
telephone: (813) 299-4770, or Shoshana Avrishon, Marketing Order 
Administration Branch, Fruit and Vegetable Division, Agricultural 
Marketing Service, U.S. Department of Agriculture, Room 2536-S, P.O. 
Box 96456, Washington, DC 20090-6456; telephone: (202) 720-3610.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 955 [7 CFR 
Part 955], 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 the producers. The referendum 
shall be conducted during the period March 1 through March 31, 1995, 
among Vidalia onion producers in the production area. Only producers 
that were engaged in the production of Vidalia onions during the period 
of January 1 through August 15, 1994, may participate in the 
continuance referendum.
    The Secretary of Agriculture has determined that continuance 
referenda are an effective means for ascertaining whether producers 
favor continuation of marketing order programs. The Secretary would 
consider termination of the order if less than two-thirds of the 
producers voting in the referendum and producers of less than two-
thirds of the volume of Vidalia onions represented in the referendum 
favor continuance. In evaluating the merits of continuance versus 
termination, the Secretary will not only consider the results of the 
continuance referendum. The Secretary will also consider other relevant 
information concerning the operation of the order; the order's relative 
benefits and disadvantages to producers, handlers, and consumers; and 
whether continued operation of the order would tend to effectuate the 
declared policy of the Act.
    In any event, section 8c(16)(B) of the Act requires the Secretary 
to terminate an order whenever the Secretary finds that a majority of 
all producers affected by the order favor termination, and such 
majority produced for market more than 50 percent of the commodity 
covered under such order.
    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
chapter 35), the ballot materials used in the referendum herein ordered 
have been submitted to and approved by the Office of Management and 
Budget (OMB) and have been assigned OMB No. 0581-0160 for Vidalia 
onions. It has been estimated that it will take an average of 10 
minutes for each of the approximately 250 producers of Vidalia onions 
to cast a ballot. Participation is voluntary. Ballots postmarked after 
March 31, 1995, will not be included in the vote tabulation.
    William J. Pimental and Christian D. Nissen of the Southeast 
Marketing Field Office, Fruit and Vegetable Division, 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 part 900.400 et seq.).
    Ballots will be mailed to all producers of record and may also be 
obtained from the referendum agents.

List of Subjects in 7 CFR Part 955

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

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

    Dated: February 21, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-4740 Filed 2-24-95; 8:45 am]
BILLING CODE 3410-02-P