[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Proposed Rules]
[Page 51006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17825]


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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. 87, No. 160 / Friday, August 19, 2022 / 
Proposed Rules  

[[Page 51006]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 983

[Doc. No. AMS-SC-22-0040]


Pistachios Grown in California, Arizona, and New Mexico; 
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 pistachio producers to determine whether they favor 
continuance of the marketing order regulating the handling of 
pistachios grown in California, Arizona, and New Mexico.

DATES: The referendum will be conducted from October 31 through 
November 18, 2022. To vote in this referendum, producers must have 
produced pistachios within the designated production area during the 
period September 1, 2021, through August 31, 2022.

ADDRESSES: Copies of the marketing order may be obtained from the 
office of the referendum agents at 2202 Monterey Street, Suite 102B, 
Fresno, California 93721-3129; Telephone: (559) 538-1670; or the Office 
of the Docket Clerk, 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: Peter R. Sommers or Gary D. Olson, 
Western Region Branch, Market Development Division, Specialty Crops 
Program, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, 
California 93721-3129; Telephone: (559) 538-1670, or Email: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Agreement and Order 
No. 983, as amended (7 CFR part 983), 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 October 31 to 
November 18, 2022, among eligible pistachio producers in the production 
area. Only pistachio producers, who were engaged in the production of 
pistachios during the period of September 1, 2021, through August 31, 
2022, may participate in the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether producers favor continuation of marketing 
order programs. The Order will be deemed as favored by the producers if 
at least two-thirds of producers voting in the referendum, or producers 
of at least two-thirds of the volume represented in the referendum, 
approve its 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 the operation of the Order and the relative 
benefits and disadvantages to producers, handlers, 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 ballots used in the referendum have been approved by 
the Office of Management and Budget (OMB) and have been assigned OMB 
No. 0581-0215 Pistachios Grown in California, Arizona, and New Mexico. 
It has been estimated that it will take an average of 20 minutes for 
each of the approximately 1,624 producers of California, Arizona, and 
New Mexico pistachios to cast a ballot. Participation is voluntary. 
Ballots postmarked after November 18, 2022, will not be included in the 
vote tabulation.
    Peter R. Sommers and Gary D. Olson of the Western Region Branch, 
Market Development Division, 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 part 900.400-900.407).
    Ballots will be mailed to all producers of record and may also be 
obtained from the referendum agents or their appointees.

List of Subjects in 7 CFR Part 983

    Marketing agreements, Nuts, Reporting and recordkeeping 
requirements.

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

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-17825 Filed 8-18-22; 8:45 am]
BILLING CODE P