[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Proposed Rules]
[Page 6102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01983]


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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. 85, No. 23 / Tuesday, February 4, 2020 / 
Proposed Rules  

[[Page 6102]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Doc. No. AMS-SC-19-0111; SC20-930-2 CR]


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 regulating the handling of tart cherries produced in the 
production area.

DATES: The referendum will be conducted from March 9 through March 30, 
2020. Only current growers and processors of tart cherries within the 
production area that produced or processed tart cherries during the 
period July 1, 2018, through June 30, 2019, are eligible to vote in 
this referendum.

ADDRESSES: Copies of the marketing order may be obtained from the 
Southeast Marketing Field Office, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1124 First Street South, 
Winter Haven, FL 33880; Telephone: (863) 324-3375; from the Marketing 
Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491; or on the 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, 
Specialty Crops Program, AMS, USDA, 1124 First Street South, Winter 
Haven, FL 33880; Telephone: (863) 324-3375, Fax: (863) 291-8614, 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 will be conducted from March 9 
through March 30, 2020, among tart cherry growers and processors in the 
production area. Only current tart cherry growers and processors who 
were also engaged in the production or processing of tart cherries 
during the period of July 1, 2018, through June 30, 2019, may 
participate in the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether growers and processors favor the 
continuation of marketing order programs. The Order will 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 not exclusively 
consider the results of the continuance referendum. USDA will also 
consider all other relevant information regarding operation of the 
Order and 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. 
Chapter 35), the ballots used in the referendum have been approved by 
the Office of Management and Budget (OMB) and have been assigned OMB 
No. 0581-0177, Tart Cherries Grown in Michigan, New York, Pennsylvania, 
Oregon, Utah, Washington, and Wisconsin. It has been estimated it will 
take an average of 20 minutes for each of the approximately 400 tart 
cherry growers and 40 processors to cast a ballot. Participation is 
voluntary. Ballots postmarked after March 30, 2020, will not be 
included in the vote tabulation.
    Jennie M. Varela and Christian D. Nissen of the Southeast Marketing 
Field Office, Specialty Crops 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).
    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: January 29, 2020.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-01983 Filed 2-3-20; 8:45 am]
BILLING CODE 3410-02-P