[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Proposed Rules]
[Page 20002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7864]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 72 / Monday, April 14, 2008 / 
Proposed Rules  

[[Page 20002]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 920

[Docket No. AMS-FV-08-0014; FV08-920-1]


Kiwifruit Grown in California; Continuance Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

-----------------------------------------------------------------------

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

DATES: The referendum will be conducted from May 15 through May 30, 
2008. To vote in this referendum, growers must have been engaged in 
producing kiwifruit within the production area during the period August 
1, 2007, through April 30, 2008.

ADDRESSES: Copies of the marketing order may be obtained from the 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, 
102-B, 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, 1400 Independence Avenue, SW., Stop 0237, Washington, DC 
20250-0237.

FOR FURTHER INFORMATION CONTACT: Kurt J. Kimmel, Regional Manager, or 
Maureen T. Pello, Assistant Regional Manager, California Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 
487-5906, or e-mail: [email protected], or [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 920 (7 CFR 
part 920), 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. The referendum shall be 
conducted during the period May 15 through May 30, 2008, among eligible 
kiwifruit growers in the production area. Only growers that were 
engaged in the production of kiwifruit in California during the period 
of August 1, 2007, through April 30, 2008, may participate in the 
continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether growers favor the continuation of 
marketing order programs. USDA would consider termination of the order 
if less than 50 percent of the growers who vote in the referendum and 
growers of less than 50 percent of the volume of kiwifruit represented 
in the referendum favor continuance of their program.
    In evaluating the merits of continuance versus termination, USDA 
will not only consider the results of the continuance referendum. 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 previously approved by the Office of Management and Budget 
(OMB) under OMB No. 0581-0189, OMB Generic Fruit Crops. It has been 
estimated that it will take an average of 20 minutes for each of the 
approximately 250 producers of kiwifruit in the production area to cast 
a ballot. Participation is voluntary. Ballots postmarked after May 30, 
2008, will not be included in the vote tabulation.
    Kurt J. Kimmel and Maureen T. Pello of the California 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 
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 920

    Kiwifruit, Marketing agreements, Reporting and recordkeeping 
requirements.

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

    Dated: April 8, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-7864 Filed 4-11-08; 8:45 am]
BILLING CODE 3410-02-P