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[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Proposed Rules]
[Page 8917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3501]

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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. 32 / Wednesday, February 16, 2011 / 
Proposed Rules

[[Page 8917]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Doc. No. AMS-FV-10-0112; FV11-927-1 CR]

Pears Grown in Oregon and 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 Oregon and Washington pear growers to determine whether they 
favor continuance of the marketing order regulating the handling of 
pears grown in Oregon and Washington.

DATES: The referendum will be conducted from February 26 through March 
11, 2011. To vote in this referendum, growers must have grown pears in 
Oregon or 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. 927 (7 CFR 
part 927), 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 February 26 through March 11, 2011, among eligible 
Oregon and Washington pear growers. Only growers that were engaged in 
the production of pears in Oregon or 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 less than two-thirds of the growers voting in the referendum and 
growers of less than two-thirds of the volume of Oregon and Washington 
pears 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 and 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. It has been 
estimated that it will take an average of 20 minutes for each of the 
approximately 1700 Oregon-Washington pear growers to cast a ballot. 
Participation is voluntary. Ballots postmarked after March 11, 2011, 
will not be included in the vote tabulation.
    Teresa 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 
Sec. Sec.  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 927

    Marketing agreements and orders, Pears, Reporting and recordkeeping 
requirements.

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

    Dated: February 10, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-3501 Filed 2-15-11; 8:45 am]
BILLING CODE 3410-02-P
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