[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Proposed Rules]
[Page 64335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25653]


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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. 209 / Wednesday, October 29, 2014 / 
Proposed Rules  

[[Page 64335]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Docket No. AMS-FV-14-0076; FV14-959-2 CR]


Onions Grown in South Texas; 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 producers of onions grown in South Texas to determine whether 
they favor continuance of the marketing order that regulates the 
handling of onions produced in the production area. This is the second 
referendum being conducted this year; the first was conducted in May 
2014. The results of the first referendum revealed that the producer 
list used to mail ballots was not updated; consequently, USDA has 
determined that a second referendum should be conducted using an 
updated producer list to ensure all eligible producers have an 
opportunity to vote on whether to continue their Federal marketing 
order.

DATES: The referendum will be conducted from November 3 through 
November 17, 2014. To vote in this referendum, producers must have 
produced onions within the designated production area in Texas during 
the period of August 1, 2012, through July 31, 2013.

ADDRESSES: Copies of the marketing order may be obtained from the 
referendum agents at 1124 First Street South, Winter Haven, FL 33880, 
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: www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA, 1124 First Street South, Winter Haven, FL 33880; 
Telephone: (863) 324-3375, Fax: (863) 325-8793, or Email: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 959, as 
amended (7 CFR Part 959), 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 the producers. 
The referendum shall be conducted from November 3 through November 17, 
2014, among onion producers in the production area. Only Texas onion 
producers that were engaged in the production of onions grown in South 
Texas during the period of August 1, 2012, through July 31, 2013, may 
participate in the continuance referendum.
    Section 959.84 of the order requires USDA to conduct a continuance 
referendum every six years. The May 2014 referendum (79 FR 14440) was 
the first to be conducted since adding this requirement to the order on 
February 29, 2008. During the subsequent tabulation of the May 2014 
referendum ballots, USDA learned that the producer list used to mail 
the ballots was not accurate. As a result, USDA has determined that a 
second referendum should be conducted using an updated producer list, 
thereby ensuring all eligible producers have an opportunity to vote on 
the future of the marketing order.
    USDA has determined that continuance referenda are an effective 
means for determining whether producers favor the continuation of 
marketing order programs. USDA would consider termination of the order 
if fewer than two-thirds of the producers voting in the referendum and 
producers of less than two-thirds of the volume of onions grown in 
South Texas represented in the referendum favor 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 producers, 
handlers, 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. 0581-0178, Vegetable and Specialty Crop 
Marketing Orders. It has been estimated that it will take an average of 
20 minutes for each of the approximately 55 producers of onions grown 
in South Texas to cast a ballot. Participation is voluntary. Ballots 
postmarked after November 17, 2014, will not be included in the vote 
tabulation.
    Doris Jamieson 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 producers of record and may also be 
obtained from the referendum agents, or from their appointees.

List of Subjects in 7 CFR Part 959

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

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

    Dated: October 23, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-25653 Filed 10-28-14; 8:45 am]
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