16322 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules 

classification fees from participating 

producers or agents that voluntarily 

agree to collect and remit the fees on 

behalf of the producers; (2) 

classification fees collected and the 

proceeds from the sales of samples 

submitted for classification shall, to the 

extent practicable, be used to pay the 

cost of the services provided, including 

administrative and supervisory costs; (3) 

the Secretary shall announce a uniform 

classification fee and any applicable 

surcharge for classification services not 

later than June 1 of the year in which 

the fee applies; and (4) in establishing 

the amount of fees under this section, 

the Secretary shall consult with 

representatives of the United States 

cotton industry. At pages 313–314, the 

Joint Explanatory Statement of the 

committee of conference for section 

14201 stated the expectation that the 

cotton classification fee would be 

established in the same manner as was 

applied during the 1992 through 2007 

fiscal years. The classification fee 

should continue to be a basic, uniform, 

per-bale fee as determined necessary to 

maintain cost-effective cotton 

classification service. Further, in 

consulting with the cotton industry, the 

Secretary should demonstrate the level 

of fees necessary to maintain effective 

cotton classification services and 

provide the Department of Agriculture 

with an adequate operating reserve, 

while also working to limit adjustments 

in the year-to-year fee. 

Under the provisions of section 

14201, a user fee (dollar amount per 

bale classed) is proposed for the 2011 

cotton crop that, when combined with 

other sources of revenue, will result in 

projected revenues sufficient to 

reasonably cover budgeted costs— 

adjusted for inflation—and allow for 

adequate operating reserves to be 

maintained. Costs considered in this 

method include salaries, costs of 

equipment and supplies, and other 

overhead costs, such as facility costs 

and costs for administration and 

supervision. In addition to covering 

expected costs, the user fee is set such 

that projected revenues will generate an 

operating reserve adequate to effectively 

manage uncertainties related to crop 

size and cash-flow timing while meeting 

minimum reserve requirements set by 

the Agricultural Marketing Service, 

which require maintenance of a reserve 

fund amount of at least four months of 

projected operating costs. 

The user fee proposed to be charged 

cotton producers for cotton 

classification in 2011 is $2.20 per bale 

which is the same fee charged for the 

2010 crop. This fee is based on the preseason projection that 16,500,000 bales 

will be classed by the United States 

Department of Agriculture during the 

2011 crop year. 

Accordingly, § 28.909, paragraph (b) 

would reflect the continuation of the 

cotton classification fee at $2.20 per 

bale. 

As provided for in the 1987 Act, a 5 

cent per bale discount would continue 

to be applied to voluntary centralized 

billing and collecting agents as specified 

in § 28.909(c). 

Growers or their designated agents 

receiving classification data would 

continue to incur no additional fees if 

classification data is requested only 

once. The fee for each additional 

retrieval of classification data in 

§ 28.910 would remain at 5 cents per 

bale. The fee in § 28.910(b) for an owner 

receiving classification data from the 

National database would remain at 5 

cents per bale, and the minimum charge 

of $5.00 for services provided per 

monthly billing period would remain 

the same. The provisions of § 28.910(c) 

concerning the fee for new classification 

memoranda issued from the National 

Database for the business convenience 

of an owner without reclassification of 

the cotton will remain the same at 15 

cents per bale or a minimum of $5.00 

per sheet. 

The fee for review classification in 

§ 28.911 would be maintained at $2.20 

per bale. 

The fee for returning samples after 

classification in § 28.911 would remain 

at 50 cents per sample. 

A 15-day comment period is provided 

for public comments. This period is 

appropriate because it is anticipated 

that the proposed fees, if adopted, 

would be made effective for the 2011 

cotton crop on July 1, 2011. 

List of Subjects in 7 CFR Part 28 

Administrative practice and 

procedure, Cotton, Cotton samples, 

Grades, Market news, Reporting and 

record keeping requirements, Standards, 

Staples, Testing, Warehouses. 

For the reasons set forth in the 

preamble, 7 CFR part 28 is proposed to 

be amended to read as follows: 

PART 28—[AMENDED] 

1. The authority citation for 7 CFR 

part 28, subpart D, continues to read as 

follows: 

Authority: 7 U.S.C. 471–476. 

2. In § 28.909, paragraph (b) is revised 

to read as follows: 

§ 28.909 Costs. 

* * * * * 

(b) The cost of High Volume 

Instrument (HVI) cotton classification 

service to producers is $2.20 per bale. 

* * * * * 

3. In § 28.911, the last sentence of 

paragraph (a) is revised to read as 

follows: 

§ 28.911 Review classification. 

(a) * * * The fee for review 

classification is $2.20 per bale. 

* * * * * 

Dated: March 16, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–6835 Filed 3–22–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Docket No. AMS–FV–11–0011; FV11–929– 

1] 

Cranberries Grown in the States of 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York; Continuance 

Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

continuance referendum be conducted 

among eligible growers of cranberries in 

the States of Massachusetts, Rhode 

Island, Connecticut, New Jersey, 

Wisconsin, Michigan, Minnesota, 

Oregon, Washington, and Long Island in 

the State of New York to determine 

whether they favor continuance of the 

marketing order regulating the handling 

of cranberries grown in the production 

area. 

DATES: The referendum will be 

conducted from May 16 through May 

31, 2011. To vote in this referendum, 

growers must have been engaged in 

producing cranberries within the 

production area during the period 

September 1, 2009, through August 31, 

2010. 

ADDRESSES: Copies of the marketing 

order may be obtained from USDA, 

Washington DC Marketing Field Office, 

4700 River Road, Unit 155, Riverdale, 

Maryland 20737, or the Office of the 

Docket Clerk, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, Agricultural 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules 16323 

Marketing Service, U.S. Department of 

Agriculture, 1400 Independence 

Avenue, SW., Stop 0237, Washington, 

DC 20250–0237. 

FOR FURTHER INFORMATION CONTACT: 

Dawana J. Clark or Kenneth G. Johnson, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, Unit 155, 4700 River 

Road, Riverdale, MD 20737; telephone: 

(301) 734–5243, Fax: (301) 734–5275; or 

e-mail at: Dawana.Clark@ams.usda.gov 

or Kenneth.Johnson@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order No. 929 (7 CFR part 

929), 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. The referendum shall be 

conducted during the period May 16 

through May 31, 2011, among eligible 

cranberry growers in the production 

area. Only growers that were engaged in 

the production of cranberries in the 

States of Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York during the period of 

September 1, 2009, through August 31, 

2010, may participate in the 

continuance referendum. Ballots 

postmarked after May 31, 2011, will be 

marked invalid and not included in the 

vote tabulation. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether growers 

favor continuation of marketing order 

programs. The USDA would consider 

termination of the order if less than 50 

percent of the growers who vote in the 

referendum and growers of less than 50 

percent of the volume of cranberries 

represented in the referendum favor 

continuance of their program. 

In evaluating the merits of 

continuance versus termination, the 

USDA will not merely consider the 

results of the continuance referendum. 

The USDA will also consider all other 

relevant information concerning the 

operation of the order and the relative 

benefits and disadvantages to growers, 

processors, 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 ballot materials used in 

the referendum herein ordered have 

been previously approved by the Office 

of Management and Budget (OMB) 

under OMB No. 0581–0189, OMB 

Generic Fruit Crops. It has been 

estimated that it will take an average of 

20 minutes for each of the 

approximately 1,200 producers of 

cranberries in the production area to 

cast a ballot. Participation is voluntary. 

Kenneth G. Johnson and Dawana 

Clark of the Washington, DC Marketing 

Field Office, Fruit and Vegetable 

Programs, Agricultural Marketing 

Service, USDA, are hereby designated as 

the referendum agents of USDA to 

conduct such 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 growers 

of record and may also be obtained from 

the referendum agents and from their 

appointees. 

List of Subjects in 7 CFR Part 929 

Cranberries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: March 16, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–6833 Filed 3–22–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–11–0010; FV11–946–1 

CR] 

Irish Potatoes Grown in Washington; 

Continuance Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible Washington potato growers to 

determine whether they favor 

continuance of the marketing order 

regulating the handling of Irish potatoes 

grown in Washington. 

DATES: The referendum will be 

conducted from June 11 through June 

24, 2011. To vote in this referendum, 

growers must have grown potatoes for 

the fresh market in Washington during 

the period July 1, 2009, through June 30, 

2010. 

ADDRESSES: Copies of the marketing 

order may be obtained from the 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, U.S. Department of Agriculture, 

805 SW. Broadway, Suite 930, Portland, 

Oregon 97205, or the Office of the 

Docket Clerk, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson, Marketing 

Specialist, or Gary D. Olson, Regional 

Manager, Northwest Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or e-mail: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov, 

respectively. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order No. 946 (7 CFR part 

946), 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. The referendum shall be 

conducted from June 11 through June 

24, 2011, among eligible Washington 

potato growers. Only growers that were 

engaged in the production of fresh 

potatoes in Washington during the 

period of July 1, 2009, through June 30, 

2010, may participate in the 

continuance referendum. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether growers 

favor the continuation of marketing 

order programs. USDA would consider 

termination of the order if fewer than 

two-thirds of the growers voting in the 

referendum and growers of less than 

two-thirds of the volume of Washington 

potatoes represented in the referendum 

favor continuance of their program. 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 as well as relative benefits and 

disadvantages to growers, handlers, and 

consumers to determine whether 

continuing 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS