[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Proposed Rules]
[Page 85519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26964]


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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. 88, No. 235 / Friday, December 8, 2023 / 
Proposed Rules  

[[Page 85519]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 923

[Doc. No. AMS-SC-23-0055]


Sweet Cherries Grown in Designated Counties in Washington; 
Continuance Referendum

AGENCY: Agricultural Marketing Service. United States Department of 
Agriculture.

ACTION: Referendum order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible Washington sweet cherry growers to determine whether they 
favor continuance of the marketing order regulating the handling of 
sweet cherries grown in designated counties in Washington.

DATES: The referendum will be conducted from February 5 through 
February 26, 2024. Only current sweet cherry growers that also grew 
sweet cherries within the designated production area during the period 
April 1, 2022, through March 31, 2023, are eligible to vote in this 
referendum. Ballots returned via express mail must show proof of 
delivery by no later than 11:59 p.m. Eastern Time on February 26, 2024, 
to be counted.

ADDRESSES: Copies of the marketing order may be obtained from the 
office of the referendum agents at 1220 SW 3rd Avenue, Suite 305, 
Portland, Oregon 97212; Telephone: (503) 326-2724; 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) 720-8085; or on the internet https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Virginia Tjemsland, Marketing 
Specialist, or Barry Broadbent, Senior Marketing Specialist, West 
Region Branch, Market Development Division, Specialty Crops Program, 
AMS, USDA, 1220 SW 3rd Avenue, Suite 305, Portland, Oregon 97212; 
Telephone: (503) 326-2724, or email: [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 923, as 
amended (7 CFR part 923), 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 
determine whether continuance of the Order is favored by Washington 
sweet cherry growers. The referendum shall be conducted from February 5 
to February 26, 2024, among eligible sweet cherry growers in the 
production area. Only current sweet cherry growers that were also 
engaged in the production of sweet cherries during the period of April 
1, 2022, through March 31, 2023, may participate in the continuance 
referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether growers favor continuation of marketing 
order programs. USDA would consider termination of the Order if less 
than two-thirds of growers voting in the referendum, or growers of less 
than two-thirds of the volume of Washington sweet cherries represented 
in the referendum, favor continuance. In evaluating the merits of 
continuation versus termination, USDA will not exclusively 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 costs to growers, handlers, and consumers 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 ballot materials used in the referendum have been 
approved by the Office of Management and Budget (OMB) and have been 
assigned OMB No. 0581-0189, Fruit Crops. It has been estimated that it 
will take an average of 20 minutes for each of the approximately 1,350 
Washington sweet cherry growers to cast a ballot. Participation is 
voluntary. Ballots postmarked after February 26, 2024, will not be 
included in the vote tabulation.
    Virginia Tjemsland and Barry Broadbent of the West 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 900.400 et seq.).
    Ballots will be mailed to all Washington sweet cherry growers of 
record and may also be obtained from the referendum agents or their 
appointees.

List of Subjects in 7 CFR Part 923

    Cherries, Fruits, Marketing agreements, Reporting and recordkeeping 
requirements.

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

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-26964 Filed 12-7-23; 8:45 am]
BILLING CODE P