[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Proposed Rules]
[Page 9944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4874]


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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. 68, No. 41 / Monday, March 3, 2003 / Proposed 
Rules  

[[Page 9944]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. FV03-930-1]


Tart Cherries Grown in the States of Michigan, New York, 
Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Continuance 
Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This document directs that a continuance referendum be 
conducted among eligible growers and processors of tart cherries in the 
States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, 
and Wisconsin to determine whether they favor continuance of the 
marketing order regulating the handling of tart cherries grown in the 
production area.

DATES: The referendum will be conducted from March 17 through March 28, 
2003. To vote in this referendum, growers and processors must have been 
engaged in producing or processing tart cherries within the production 
area during the period July 1, 2001 through June 30, 2002.

ADDRESSES: Copies of the marketing order may be obtained from USDA, 
Washington, DC Marketing Field Office, 4700 River Road, Unit 155, Room 
2A38, Riverdale, Maryland 20737, or the Office of the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue SW., Stop 0237, Washington, DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Kenneth G. Johnson, Regional Manager, 
Washington, DC Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, 
U.S. Department of Agriculture, 4700 River Road Unit 155, Room 2A38, 
Riverdale, MD 20737; telephone (301) 734-5243; fax (301) 734-5275; or 
Melissa Schmaedick, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, P.O. Box 1035, Moab, UT 84532; telephone (435) 259-7988; 
fax (435) 259-4945.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 930 (7 CFR 
part 930), 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 growers and processors. The 
referendum shall be conducted during the period March 10 through March 
21, 2003, among eligible tart cherry growers and processors in the 
production area. Only growers and processors that were engaged in the 
production or processing of tart cherries in the States of Michigan, 
New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin during 
the period of July 1, 2001, through June 30, 2002, may participate in 
the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether growers and processors favor continuation 
of marketing order programs. The USDA would not consider termination of 
the order if continuance is favored by more than 50 percent of the 
growers and processors who vote in the referendum provided that they 
represent more than 50 percent of the volume of produced and processed 
tart cherries represented in the referendum.
    In evaluating the merits of continuance versus termination, the 
USDA will not only consider the results of the continuance referendum. 
The USDA will also consider all other relevant information concerning 
the operation of the order and the relative benefits and disadvantages 
to growers, processors, and consumers in order to determine whether 
continued operation of 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. 0581-0177. It has been 
estimated that it will take an average of 30 minutes for each of the 
approximately 40 processors and 905 producers of tart cherries in the 
production area to cast a ballot. Participation is voluntary. Ballots 
postmarked after March 21, 2003, will be marked invalid and not 
included in the vote tabulation.
    Kenneth G. Johnson, James B. Wendland, Patricia A. Petrella and 
Dawana Clark of the Washington, DC Marketing Field Office, Fruit and 
Vegetable Programs, Agricultural Marketing Service, USDA, are hereby 
designated as the referendum agents of USDA 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 and processors of record and 
may also be obtained from the referendum agents and from their 
appointees.

List of Subjects in 7 CFR Part 930

    Marketing agreements, Reporting and recordkeeping requirements, 
Tart cherries.

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

    Dated: February 25, 2003.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 03-4874 Filed 2-28-03; 8:45 am]
BILLING CODE 3410-02-P