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.

Proposed Rules Federal Register

64335 

Vol. 79, No. 209 

Wednesday, October 29, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 959 

[Docket No. AMS–FV–14–0076; FV14–959– 

2 CR] 

Onions Grown in South Texas; 

Continuance Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible producers of onions grown in 

South Texas to determine whether they 

favor continuance of the marketing 

order that regulates the handling of 

onions produced in the production area. 

This is the second referendum being 

conducted this year; the first was 

conducted in May 2014. The results of 

the first referendum revealed that the 

producer list used to mail ballots was 

not updated; consequently, USDA has 

determined that a second referendum 

should be conducted using an updated 

producer list to ensure all eligible 

producers have an opportunity to vote 

on whether to continue their Federal 

marketing order. 

DATES: The referendum will be 

conducted from November 3 through 

November 17, 2014. To vote in this 

referendum, producers must have 

produced onions within the designated 

production area in Texas during the 

period of August 1, 2012, through July 

31, 2013. 

ADDRESSES: Copies of the marketing 

order may be obtained from the 

referendum agents at 1124 First Street 

South, Winter Haven, FL 33880, or the 

Office of the Docket Clerk, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian D. Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1124 First Street South, 

Winter Haven, FL 33880; Telephone: 

(863) 324–3375, Fax: (863) 325–8793, or 

Email: Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order No. 959, as amended 

(7 CFR Part 959), 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 producers. The 

referendum shall be conducted from 

November 3 through November 17, 

2014, among onion producers in the 

production area. Only Texas onion 

producers that were engaged in the 

production of onions grown in South 

Texas during the period of August 1, 

2012, through July 31, 2013, may 

participate in the continuance 

referendum. 

Section 959.84 of the order requires 

USDA to conduct a continuance 

referendum every six years. The May 

2014 referendum (79 FR 14440) was the 

first to be conducted since adding this 

requirement to the order on February 

29, 2008. During the subsequent 

tabulation of the May 2014 referendum 

ballots, USDA learned that the producer 

list used to mail the ballots was not 

accurate. As a result, USDA has 

determined that a second referendum 

should be conducted using an updated 

producer list, thereby ensuring all 

eligible producers have an opportunity 

to vote on the future of the marketing 

order. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether 

producers favor the continuation of 

marketing order programs. USDA would 

consider termination of the order if 

fewer than two-thirds of the producers 

voting in the referendum and producers 

of less than two-thirds of the volume of 

onions grown in South Texas 

represented in the referendum favor 

continuance. In evaluating the merits of 

continuance versus termination, USDA 

will 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 

disadvantages to producers, handlers, 

and consumers in determining 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. 3501– 

3520), the ballot materials to be used in 

the referendum have been submitted to 

and approved by the Office of 

Management and Budget (OMB) and 

have been assigned OMB No. 0581– 

0178, Vegetable and Specialty Crop 

Marketing Orders. It has been estimated 

that it will take an average of 20 minutes 

for each of the approximately 55 

producers of onions grown in South 

Texas to cast a ballot. Participation is 

voluntary. Ballots postmarked after 

November 17, 2014, will not be 

included in the vote tabulation. 

Doris Jamieson and Christian D. 

Nissen of the Southeast Marketing Field 

Office, Fruit and Vegetable 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 900.400–900.407). 

Ballots will be mailed to all producers 

of record and may also be obtained from 

the referendum agents, or from their 

appointees. 

List of Subjects in 7 CFR Part 959 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: October 23, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–25653 Filed 10–28–14; 8:45 am] 

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