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[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Proposed Rules]
[Pages 77563-77564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31201]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Doc. No. AMS-FV-10-0084; FV10-916/917-3 CR]

Nectarines, Pears, and Peaches Grown in California; Continuance 
Referenda

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referenda order.

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SUMMARY: This document directs that referenda be conducted among 
eligible California nectarine, pear, and peach growers to determine 
whether they favor continuance of the marketing orders regulating the 
handling of nectarines, pears, and peaches grown in California.

DATES: The referenda will be conducted from January 12 through February 
2, 2011. To vote in these referenda, growers must have produced 
nectarines, pears, or peaches in California during the period April 1, 
2010, through November 30, 2010.

ADDRESSES: Copies of the marketing orders may be obtained from the 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, United States Department of 
Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California 
93721-3129, 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: Jerry L. Simmons, Marketing 
Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 
487-5906; or e-mail: Jerry.Simmons@ams.usda.gov or 
Kurt.Kimmel@ams.usda.gov.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order Nos. 916 and 917 
(7 CFR parts 916 and 917), hereinafter referred to as the ``orders,'' 
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 referenda be conducted to 
ascertain whether continuance of the orders is favored by growers. The 
referenda shall be conducted from January 12 through February 2, 2011, 
among eligible California nectarine, pear, and peach growers. Only 
growers that were engaged in the production of nectarines, pears, or 
peaches in California during the period of April 1, 2010, through 
November 30, 2010, may participate in the continuance referenda.
    Although pears are included under the provisions of M.O. 917, those 
provisions have been suspended since April 1994. Since that time, the 
pear industry has been regulated by a State marketing order. If the 
results of the pear referendum do not favor continuance, the pear order 
will be terminated. Otherwise, this suspension will remain in effect 
unless the pear industry recommends reactivation or termination of the 
Federal program.
    Referendum requirements for the most recent cycle of continuance 
referenda were suspended by USDA because the orders were being amended 
at the time (72 FR 12038, March 15, 2007). USDA determined that it 
would be appropriate to allow the amended orders to operate for a 
period of time before asking growers to vote on continuance of the 
programs. The referenda ordered herein will thus be the first conducted 
since the orders were amended in 2006 (71 FR 41345, July 21, 2006).
    USDA has determined that continuance referenda are an effective 
means for determining whether growers favor the continuation of 
marketing order programs. USDA would consider terminating the orders if 
fewer than two-thirds of the growers voting in the referenda or growers 
of less than two-thirds of the volume of California nectarines, pears, 
and peaches represented in the referenda favor continuance of their 
programs. In evaluating the merits of continuance versus termination, 
USDA will consider the results of the continuance referenda and all 
other relevant information regarding operation of the orders. USDA will 
evaluate the orders' relative benefits and disadvantages to growers, 
handlers, and consumers to determine whether continuing the orders 
would tend to effectuate the declared policy of the Act.

[[Page 77564]]

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the ballot materials used in the referenda herein ordered 
have been approved by the Office of Management and Budget (OMB), under 
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 950 
growers of California nectarines, pears, and peaches to cast a ballot. 
Participation is voluntary. Ballots postmarked after February 2, 2011, 
will not be included in the vote tabulation.
    Jerry L. Simmons and Terry J. Vawter of the California Marketing 
Field Office, Fruit and Vegetable Programs, AMS, USDA, are hereby 
designated as the referenda agents of the Secretary of Agriculture to 
conduct these referenda. The procedure applicable to the referenda 
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 referenda agents or from their appointees.

List of Subjects

7 CFR Part 916

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

7 CFR Part 917

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

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

    Dated: December 7, 2010.
Craig Morris,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-31201 Filed 12-10-10; 8:45 am]
BILLING CODE 3410-02-P
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