[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Proposed Rules]
[Pages 13104-13105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6957]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 928

[Docket No. FV02-928-2]


Papayas Grown in Hawaii; Continuance Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Order to terminate and reschedule referendum.

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SUMMARY: This document directs that the continuance referendum 
scheduled to be held March 4 through March 22, 2002 among eligible 
growers of Hawaii papayas be terminated and rescheduled for May 6 
through May 31, 2002. Rescheduling is necessary due to complications 
encountered with timely delivery of ballots by mail. Rescheduling will 
ensure that eligible growers receive their ballots with time to review 
them and vote. A referendum is necessary to determine whether eligible 
growers of Hawaii papayas favor continuance of the marketing order 
regulating the handling of papayas grown in the production area.

DATES: The rescheduled referendum will be conducted from May 6, through 
May 31, 2002. To vote in this referendum, growers must have been 
producing Hawaii papayas during the period July 1, 2000, through June 
30, 2001.

ADDRESSES: Copies of the marketing order may be 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 Avenue 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 the March 4 through March 22, 2002 referendum 
be terminated and that a rescheduled referendum be conducted from May 6 
through May 31, 2002 to ascertain whether continuance of the order is 
favored by producers. Only growers that were engaged in the production 
of Hawaii papayas during the period of July 1, 2000, through June 30, 
2001, may participate in the rescheduled continuance referendum.
    A continuance referendum to be conducted among growers of papayas 
in Hawaii had been scheduled for the period March 4, through March 22, 
2002. Notice of this referendum order was issued on January 31, 2002 
and published in the February 6, 2002 issue of the Federal Register (67 
FR 5526). Termination of this referendum is necessary due to 
complications encountered with timely delivery of ballots by mail. 
Given this delay, we can no longer ensure that adequate time will be 
given to all eligible voters to fully review, contemplate and cast 
their ballots within the allotted referendum period. All ballots 
pertaining to the March referendum period will be considered invalid.
    The USDA has determined that a rescheduled referendum to determine 
if growers of papayas in the production area favor continuance of their 
marketing order will be held from May 6 through May 31, 2002. 
Rescheduling of the referendum period will ensure proper distribution 
and ample review for all eligible growers voting in the referendum. New 
ballots and voting instruction will be issued to all growers of record 
subsequent to this Notice.
    The USDA has determined that continuance referenda are an effective 
means for ascertaining whether growers favor continuation of marketing 
order programs. The USDA would continue the order if either two-thirds 
of the growers voting in the referendum or growers of two-thirds of the 
volume of Hawaii papayas represented in the referendum favor 
continuance. In evaluating the merits of continuance versus 
termination, the USDA will consider the results of the referendum

[[Page 13105]]

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 Hawaii 
papayas. It has been estimated that it will take an average of 20 
minutes for each of the approximately 400 growers of Hawaii papayas to 
cast a ballot. Participation is voluntary. Ballots postmarked after May 
31, 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 900.400--900.407).
    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: March 19, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-6957 Filed 3-19-02; 2:36 pm]
BILLING CODE 3410-02-P