[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Page 27027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13615]



      
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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. 61, No. 105 / Thursday, May 30, 1996 / 
Proposed Rules

[[Page 27027]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV96-911-3]


Limes and Avocados Grown in Florida

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This document directs that referenda be conducted among 
eligible producers of Florida limes and Florida avocados to determine 
whether they favor continuance of the marketing orders regulating the 
handling of limes and avocados grown in the production area.

DATES: The referenda will be conducted from June 1 through June 15, 
1996. To vote in these referenda, growers must have been producing 
Florida limes or Florida avocados during the period April 1, 1995, 
through March 31, 1996.

ADDRESSES: Copies of the marketing orders may be obtained from the 
office of the referendum agent at P.O. Box 2276, Winter Haven, Florida, 
33883-2276, or the Office of the Docket Clerk, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, Room 2525-S, Washington, DC, 20090-6456; telephone (202) 
720-5053.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Division, Agricultural Marketing Service, Department of 
Agriculture, P.O. Box 2276, Winter Haven, Florida, 33883-2276; 
telephone: (941) 299-4770; or Britthany Beadle, Marketing Order 
Administration Branch, Fruit & Vegetable Division, Agricultural 
Marketing Service, Department of Agriculture, Room 2536-S, P.O. Box 
96456, Washington, DC 20090-6456, telephone: (202) 720-5127.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order Nos. 911 [7 CFR 
Part 911] and 915 [7 CFR Part 915], 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 
the producers. The referenda shall be conducted during the period June 
1, through June 15, 1996, among Florida lime and avocado producers in 
the production area. Only producers that were engaged in the production 
of Florida limes or Florida avocados during the period of April 1, 
1995, through March 31, 1996, may participate in the continuance 
referenda.
    The Secretary of Agriculture has determined that continuance 
referenda are an effective means for ascertaining whether producers 
favor continuation of marketing order programs. The Secretary would 
consider termination of the order(s) if less than two-thirds of the 
producers voting in the referenda and producers of less than two-thirds 
of the volume of Florida limes or Florida avocados represented in the 
referenda favor continuance. In evaluating the merits of continuance 
versus termination, the Secretary will not only consider the results of 
the continuance referenda. The Secretary will also consider other 
relevant information concerning the operation of the orders; the 
orders' relative benefits and disadvantages to producers, handlers, and 
consumers; and whether continued operation of the orders would tend to 
effectuate the declared policy of the Act.
    In any event, section 8c(16)(B) of the Act requires the Secretary 
to terminate an order whenever the Secretary finds that a majority of 
all producers affected by the order favor termination, and such 
majority produced for market more than 50 percent of the commodity 
covered under such order.
    In compliance with the Office of Management and Budget (OMB) 
regulations (5 CFR Part 1320) which implement the Paperwork Reduction 
Act of 1995 [Pub. L. 104-13], the ballot materials to be used in the 
referenda herein ordered have been submitted to and approved by OMB and 
have been assigned OMB Nos. 0581-0091 for Florida limes and 0581-0078 
for Florida avocados. It has been estimated that it will take an 
average of 10 minutes for each of the approximately 114 producers of 
Florida limes and 138 producers of Florida avocados to cast a ballot.
    Participation in the referenda is voluntary. Ballots postmarked 
after June 15, 1996, will not be included in the vote tabulation.
    Doris Jamieson and Christian D. Nissen of the Southeast Marketing 
Field Office, Fruit and Vegetable Division, Agricultural Marketing 
Service, USDA, are hereby designated as the referenda agents of the 
Secretary of Agriculture to conduct such referenda. The procedure 
applicable to the referenda shall be the ``Procedure for the Conduct of 
Referenda in Connection With Marketing Orders for Fruit, 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 producers of record and may also be 
obtained from the referenda agents and their appointees.

List of Subjects in 7 CFR Part 911

    Limes, Marketing agreements, Reporting and recordkeeping 
requirements.

List of Subjects in 7 CFR Part 915

    Avocados, Marketing agreement, Reporting and recordkeeping 
requirements.

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

    Dated: May 22, 1996.
D. Michael Holbrook,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 96-13615 Filed 5-29-96; 8:45 am]
BILLING CODE 3410-02-P