[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Proposed Rules]
[Pages 77003-77004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31582]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV03-916-1]


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 6 through January 
31, 2003. To vote in these referenda, growers must have been producing 
California nectarines, pears, and peaches during the period April 1 
through November 30, 2002.

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 Programs, Agricultural 
Marketing Service, U.S. Department of Agriculture (USDA), 1400 
Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Kurt J. Kimmel or Terry Vawter, 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and

[[Page 77004]]

Vegetable Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California 
93721; telephone (559) 487-5901; fax (559) 487-5906; or Kathleen Finn, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Ave., SW., Stop 0237, Washington, DC 
20250-0237; telephone (202) 720-2491; fax (202) 720-8938.

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 growers. The referenda shall be conducted during 
the period January 6 through January 31, 2003, 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, 2002, 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. Since that time, the 
pear industry has been regulated by a State marketing order. If the 
results of the pear referendum do not favor continuance, the pear order 
will be terminated. Otherwise, this suspension will remain in effect 
unless the pear industry recommends reactivation of the federal 
program.
    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 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 USDA will 
not only consider the results of the continuance referenda. The USDA 
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 orders 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 referenda herein ordered 
have been submitted to and approved by the Office of Management and 
Budget (OMB) and have been assigned OMB No. 0581-0189 for nectarines, 
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 31, 2003, 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 USDA 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.

    Dated: December 9, 2002.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-31582 Filed 12-13-02; 8:45 am]
BILLING CODE 3410-02-P