[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Proposed Rules]
[Pages 64653-64654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31184]


 ========================================================================
 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. 63, No. 225 / Monday, November 23, 1998 / 
Proposed Rules  

[[Page 64653]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV99-916-1]


Nectarines, Pears, and Peaches Grown in California; Continuance 
Referenda

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referenda order.

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SUMMARY: This document directs that referenda be conducted among 
eligible growers of California nectarines, pears, and peaches to 
determine whether they favor continuance of the marketing orders 
regulating the handling of nectarines, pears, and peaches grown in the 
production area.

DATES: The referenda will be conducted from January 5 through January 
29, 1999. To vote in these referenda, growers must have been producing 
California nectarines, pears, and peaches during the period April 1 
through November 30, 1998.

ADDRESSES: Copies of the marketing orders may be obtained from the 
office of the referenda agents at 2202 Monterey Street, suite 102B, 
Fresno, California 93721, 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: Kurt J. Kimmel or Terry Vawter, 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, 
Department of Agriculture, 2202 Monterey Street, suite 102B, Fresno, 
California 93721; telephone (209) 487-5901; fax (209) 487-5906; or Anne 
M. Dec, Marketing Order Administration Branch, Fruit and Vegetable 
Programs, Agricultural Marketing Service, Department of Agriculture, 
room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone (202) 
720-2491; fax (202) 205-6632.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 916 (7 CFR 
part 916) and Marketing Order No. 917 (7 CFR part 917), hereinafter 
referred to as the ``orders,'' 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 referenda be conducted to ascertain whether continuance of the 
orders is favored by the growers. The referenda shall be conducted 
during the period January 5-29, 1999, among California nectarine, pear, 
and peach growers in the production area. Only growers that were 
engaged in the production of California nectarines, pears, and peaches 
during the period of April 1 through November 30, 1998, may participate 
in the continuance referenda.
    Although pears are included under the provisions of M.O. 917, those 
provisions have been suspended since April 1994. The Pear Commodity 
Committee unanimously recommended suspension of the pear provisions 
because such provisions were no longer needed. The California Bartlett 
pear industry is now functioning under a California Pear Marketing 
Program (State pear program) and is no longer using the pear order 
provisions. The State pear program, developed by the California 
Bartlett pear industry of the California Department of Food and 
Agriculture, is similar to the Federal pear program.
    The Secretary of Agriculture has determined that continuance 
referenda are an effective means for determining whether growers favor 
continuation of marketing order programs. The Secretary would consider 
termination of the orders if less than two-thirds of the growers voting 
in the referenda and growers of less than two-thirds of the volume of 
California nectarines, pears, and peaches represented in the referenda 
favor continuance. In evaluating the merits of continuance versus 
termination, the Secretary will not only consider the results of the 
continuance referenda. The Secretary will also consider all other 
relevant information concerning the operation of the orders and the 
relative benefits and disadvantages to growers, handlers, and consumers 
in order to determine 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 growers 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 1995 (44 U.S.C. 
Chapter 35), the ballot materials to be used in the referenda herein 
ordered have been submitted to and approved by the Office of Management 
and Budget (OMB) and have been assigned OMB No. 0581-0072 for 
nectarines and OMB No. 0581-0080 for pears and peaches. It has been 
estimated that it will take an average of 30 minutes for each of the 
approximately 2,130 growers of California nectarines, pears, and 
peaches to cast a ballot. Participation is voluntary. Ballots 
postmarked after January 29, 1999, will not be included in the vote 
tabulation.
    Kurt J. Kimmel and Terry Vawter of the California Marketing Field 
Office, Fruit and Vegetable Programs, Agricultural Marketing Service, 
USDA, are hereby designated as the referenda agents of the Secretary of 
Agriculture to conduct such referenda. The procedure applicable to the 
referenda 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 growers of record and may also be 
obtained from the referenda agents and from their appointees.

List of Subjects

7 CFR Part 916

    Marketing agreements, Nectarines, Reporting and recordkeeping 
requirements.

7 CFR Part 917

    Marketing agreements, Peaches, Pears, Reporting and recordkeeping 
requirements.

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


[[Page 64654]]


    Dated: November 16, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-31184 Filed 11-20-98; 8:45 am]
BILLING CODE 3410-02-P