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[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Proposed Rules]
[Page 76884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28055]

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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. 69, No. 246 / Thursday, December 23, 2004 / 
Proposed Rules

[[Page 76884]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 945

[Docket No. FV04-945-1]

Irish Potatoes Grown in Certain Designated Counties in Idaho, and 
Malheur County, OR; 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 of Irish potatoes in certain designated counties in 
Idaho, and Malheur County, Oregon, to determine whether they favor 
continuance of the marketing order regulating the handling of Irish 
potatoes grown in the production area.

DATES: The referendum will be conducted from January 14 through January 
31, 2005. To vote in this referendum, growers must have produced Irish 
potatoes for the fresh market within the designated production area in 
Idaho or Malheur County, Oregon, during the period August 1, 2003, 
through July 31, 2004.

ADDRESSES: Copies of the marketing order may be obtained from the 
office of the referendum agents at 1220 SW. Third Avenue, Suite 385, 
Portland, Oregon 97204-2807, or the Office of the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist, 
Northwest Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW. Third Avenue, 
Suite 385, Portland, Oregon 97204-2807; telephone (503) 326-2724; fax 
(503) 326-7440; or Kathy Finn, Acting Rulemaking Team Leader, Marketing 
Order Administration Branch, Fruit and Vegetable Programs, Agricultural 
Marketing Service, U.S. Department of Agriculture, 1400 Independence 
Avenue, SW., Stop 0237, Washington, DC 20250-0237; telephone (202) 720-
2491; fax (202) 720-8938.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 945 (7 CFR 
part 945), 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 growers. The referendum 
shall be conducted during the period January 14 through January 31, 
2005, among Irish potato growers in the production area. Only growers 
that were engaged in the production of Irish potatoes for the fresh 
market in Idaho and Malheur County, Oregon, during the period of August 
1, 2003, through July 31, 2004, 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. The Department would consider termination of the order 
if less than two-thirds of the growers voting in the referendum and 
growers of less than two-thirds of the volume of Irish potatoes 
represented in the referendum favor continuance. In evaluating the 
merits of continuance versus termination, the USDA will not only 
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, 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 ballot materials to be used in the referendum herein 
ordered have been submitted to and approved by the Office of Management 
and Budget (OMB) and have been assigned OMB No. 0581-0178. It has been 
estimated that it will take an average of 20 minutes for each of the 
approximately 1,135 growers of Irish potatoes in Idaho and Malheur 
County, Oregon, to cast a ballot. Participation is voluntary. Ballots 
postmarked after January 31, 2005, will not be included in the vote 
tabulation.
    Gary D. Olson and Barry Broadbent of the Northwest Marketing Field 
Office, Fruit and Vegetable Programs, Agricultural Marketing Service, 
USDA, are hereby designated as the referendum agents of the Department 
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 part 
900.400 et. seq).
    Ballots will be mailed to all growers of record and may also be 
obtained from the referendum agents, or from their appointees.

List of Subjects in 7 CFR Part 945

    Irish potatoes, Marketing agreements, Reporting and recordkeeping 
requirements.

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

    Dated: December 17, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-28055 Filed 12-22-04; 8:45 am]
BILLING CODE 3410-02-P
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