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[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Proposed Rules]
[Page 46651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19654]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

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. 76, No. 149 / Wednesday, August 3, 2011 / 
Proposed Rules

[[Page 46651]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 923

[Doc. No. AMS-FV-11-0059; FV11-923-1 CR]

Sweet Cherries Grown in Designated Counties in Washington; 
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 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 November 5 through 
November 18, 2011. To vote in this referendum, growers must have grown 
sweet cherries in designated counties in Washington during the period 
April 1, 2010, through March 31, 2011.

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. 923 (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 ascertain whether 
continuance of the order is favored by growers. The referendum shall be 
conducted from November 5 through November 18, 2011, among eligible 
Washington sweet cherry growers. Only growers that were engaged in the 
production of sweet cherries in designated counties in Washington 
during the period of April 1, 2010, through March 31, 2011, 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 sweet 
cherries represented in the referendum favor continuance of the 
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 the referendum herein ordered 
have been submitted to and approved by the Office of Management and 
Budget (OMB) and have been assigned OMB No. 0581-0189, Generic Fruit 
Crops. It has been estimated that it will take an average of 20 minutes 
for each of the approximately 2500 Washington sweet cherry growers to 
cast a ballot. Participation is voluntary. Ballots postmarked after 
November 18, 2011, will not be included in the vote tabulation.
    Teresa L. Hutchinson and Gary D. Olson of the Northwest Marketing 
Field Office, Fruit and Vegetable Programs, 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 
900.400-900.407).
    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 923

    Cherries, Marketing agreements, Reporting and recordkeeping 
requirements.

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

    Dated: July 28, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-19654 Filed 8-2-11; 8:45 am]
BILLING CODE 3410-02-P
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