[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Page 10423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03908]


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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. 79, No. 37 / Tuesday, February 25, 2014 / 
Proposed Rules  

[[Page 10423]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. AMS-FV-13-0097; FV14-930-1]


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

DATES: The referendum will be conducted from March 10 through March 28, 
2014. To vote in this referendum, growers and processors must have 
produced or processed tart cherries within the designated production 
area during the period of July 1, 2011, through June 30, 2012.

ADDRESSES: Copies of the marketing order may be obtained from the 
referendum agents at 799 Overlook Drive, Winter Haven, FL 33884, or the 
Office of the Docket Clerk, Marketing Order and Agreement Division, 
Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., 
STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or internet: 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing 
Specialist, or Christian D. Nissen, Regional Director, Southeast 
Marketing Field Office, Marketing Order and Agreement Division, Fruit 
and Vegetable Program, AMS, USDA, 799 Overlook Drive, Winter Haven, FL 
33884; Telephone: (863) 324-3375, Fax: (863) 325-8793, or Email: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Agreement and Order 
No. 930, as amended (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 from March 10 
through March 28, 2014, among tart cherry growers and processors in the 
production area. Only tart cherry growers and processors currently 
engaged in the production or processing of tart cherries that produced 
or processed tart cherries during the period of July 1, 2011, through 
June 30, 2012, may participate in the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether producers favor the continuation of 
marketing order programs. The order would continue in effect if at 
least 50 percent of the growers and processors voting, by number or 
volume, vote in favor of continuance. In evaluating the merits of 
continuance versus termination, USDA will 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 
determining 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. 
3501-3520), the ballot materials to be used in the referendum have been 
submitted to and approved by the Office of Management and Budget (OMB) 
and have been assigned OMB No. 0581-0177 (Tart Cherries Grown in the 
States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, 
and Wisconsin). It has been estimated that it will take an average of 
20 minutes for each of the approximately 600 growers and 40 processors 
of tart cherries to cast a ballot. Participation is voluntary. Ballots 
postmarked after March 28, 2014, will not be included in the vote 
tabulation.
    Jennie M. Varela and Christian D. Nissen of the Southeast Marketing 
Field Office, Fruit and Vegetable Program, AMS, USDA, are hereby 
designated as the referendum agents of the Secretary of Agriculture to 
conduct this 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 and processors of record and 
may also be obtained from the referendum agents, or 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 18, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-03908 Filed 2-24-14; 8:45 am]
BILLING CODE 3410-02-P