[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Proposed Rules]
[Pages 40746-40747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14574]


 ========================================================================
 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. 87, No. 130 / Friday, July 8, 2022 / Proposed 
Rules  

[[Page 40746]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Doc. No. AMS-SC-22-0039]


Onions Grown in South Texas; Continuance Referendum

AGENCY: Agricultural Marketing Service, Department of Agriculture 
(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 regulating the handling 
of onions produced in the production area.

DATES: The referendum will be conducted from September 1 through 
October 3, 2022. Only producers of South Texas onions who produced 
onions within the production area during the period August 1, 2020, 
through July 31, 2021, are eligible to vote in this referendum. The 
U.S. Department of Agriculture (Department) will provide the option for 
ballots to be returned electronically. Further details will be provided 
in the ballot instructions. Ballots returned via express mail or 
electronic mail must show proof of delivery by no later than 11:59 p.m. 
Eastern Time on October 3, 2022, to be counted.

ADDRESSES: Copies of the marketing order may be obtained from the 
Southeast Region Branch, Market Development Division, Specialty Crops 
Program, AMS, USDA, 1124 First Street South, Winter Haven, FL 33880; 
Telephone: (863) 324-3375; or from the Market Development Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491; or on the 
internet: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Abigail Maharaj, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Region Branch, 
Market Development 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. 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 
producers. The referendum shall be conducted by mail and email ballot 
from September 1 through October 3, 2022, among onion producers in the 
production area. Only Texas onion producers who were engaged in the 
production of South Texas onions grown in the production area during 
the period of August 1, 2020, through July 31, 2021, may participate in 
the continuance referendum. The Department will provide the option for 
ballots to be returned electronically. Further details will be provided 
in the ballot instructions.
    The results of a referendum the Department conducted of South Texas 
onion producers in 2020 (85 FR 55388) failed to reach the level of 
support for continuing the marketing order. The results had 57 percent 
of the eligible growers voting, representing 53 percent of production 
volume voted, favoring continuing the program. Voting results prompted 
the Secretary, as authorized in 7 CFR 959.84(d), to consider 
termination of this part due to less than two-third of the growers 
voting in the referendum and growers of less than two-thirds of the 
volume of onions represented in the referendum voting in support of 
continuance. Following the results of the continuance referendum, the 
Department issued a proposed rule (86 FR 42748) inviting comments on 
the proposed termination of the Order. Feedback received during the 
public comment period demonstrated support for keeping the Order. AMS 
received 90 comments, 85 of which opposed termination. Thirty-three of 
the comments were from the production area, with 31 opposing 
termination. After reviewing the results of the continuance referendum, 
and the comments received in response to the proposed termination, the 
Secretary of Agriculture has determined a second referendum is 
appropriate to assess the true level of producer support for the 
program.
    The Department would withdraw the proposed rule to terminate the 
Order if two-thirds of the producers that cast votes, or producers 
representing two-thirds of the volume of South Texas onions voted in 
the referendum, cast ballots in favor of continuance. If the results of 
the referendum do not favor continuance, the Department will consider 
the results of the continuance referendum and any other relevant 
information regarding the operation of the Order and 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. 
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. 0581-0178, Vegetable and Specialty Crops. It has been estimated 
that it will take an average of 20 minutes for each of the 
approximately 100 onion producers to cast a ballot. Participation is 
voluntary. Ballots postmarked after October 3, 2022, will not be 
included in the vote tabulation. Ballots delivered to the Department 
via express mail or electronic mail must show proof of delivery by no 
later than 11:59 p.m. Eastern Time (ET) on October 3, 2022.
    Dolores Lowenstine, Abigail Maharaj, and Christian Nissen of the 
Southeast Region Branch, Market Development Division, Specialty Crops 
Program, AMS, USDA, are hereby designated as the referendum agents for 
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 900.400-7 CFR 900.407).
    Ballots and voting instructions will be sent by U.S. mail, United 
Parcel Service, or through electronic mail to all

[[Page 40747]]

producers of record and may also be obtained from the referendum agents 
or their appointees.

List of Subjects in 7 CFR Part 959

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

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

Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-14574 Filed 7-7-22; 8:45 am]
BILLING CODE 3410-02-P