[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Proposed Rules]
[Page 5526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2845]


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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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  Federal Register / Vol. 67, No. 25 / Wednesday, February 6, 2002 / 
Proposed Rules  

[[Page 5526]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 928

[Docket No. FV02-928-1]


Papayas Grown in Hawaii; Continuance Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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

DATES: The referendum will be conducted from March 4, through March 22, 
2002. To vote in this referendum, growers must have been producing 
Hawaiian papayas during the period July 1, 2000, through June 30, 2001.

ADDRESSES: Copies of the marketing order may obtained from the office 
of the referendum agent at 2202 Monterey Street, Suite 102 B, Fresno, 
California, 93721, or the Office of the Docket Clerk, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, Agricultural 
Marketing Service (AMS), US Department of Agriculture (USDA), 1400 
Independence Avenue SW., Stop 0237, Washington, DC, 20250-0237.

FOR FURTHER INFORMATION CONTACT: J. Terry Vawter, California Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, at 2202 Monterey Street, Suite 102 B, 
Fresno, California, 93721; telephone (559) 487-5901; or Melissa 
Schmaedick, Marketing Order Administration Branch, Fruit & Vegetable 
Programs, AMS, USDA, 1400 Independence Ave SW., Stop 0237, Washington, 
DC 20250-0237; telephone (202) 720-2491.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 928 (7 CFR 
part 928), 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 producers. The referendum shall 
be conducted during the period March 4, through March 22, 2002, among 
papaya growers in the production area. Only growers that were engaged 
in the production of Hawaiian papayas during the period of July 1, 
2000, through June 30, 2001, may participate in the continuance 
referendum.
    The USDA has determined that continuance referenda are an effective 
means for ascertaining whether growers favor continuation of marketing 
order programs. The USDA would consider termination of the order if 
less than two-thirds of the growers voting in the referendum and 
growers of less than two-thirds of the volume of Hawaiian papayas 
represented in the referendum favor continuance. In evaluating the 
merits of continuance versus termination, the USDA will consider the 
results of the referendum and other relevant information regarding 
operation of the order. The USDA will evaluate the order's 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 the referendum herein ordered 
have been submitted to and approved by the Office of Management and 
Budget (OMB) and have been assigned OMB No. 0581-0102 for Hawaiian 
papayas. It has been estimated that it will take an average of 20 
minutes for each of the approximately 400 growers of Hawaiian papayas 
to cast a ballot. Participation is voluntary. Ballots postmarked after 
March 22, 2002, will not be included in the vote tabulation.
    J. Terry Vawter and Martin Engeler of the California Marketing 
Field Office, Fruit and Vegetable Programs, AMS, USDA, are hereby 
designated as the referendum agents of the Department 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 growers of record and may also be 
obtained from the referendum agents and from their appointees.

List of Subjects in 7 CFR Part 928

    Marketing agreements, Papayas, Reporting and Recordkeeping 
requirements.

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

    Dated: January 31, 2002.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-2845 Filed 2-5-02; 8:45 am]
BILLING CODE 3410-02-P