[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Proposed Rules]
[Page 33388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16431]


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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. 125 / Thursday, June 27, 1996 / 
Proposed Rules

[[Page 33388]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 928

[Docket No. FV-96-928-2]


Papayas Grown in Hawaii; 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 growers of Hawaiian papayas to determine whether they favor 
continuance of the marketing order regulating the handling of papayas 
grown in the production area.

DATES: The referendum will be conducted from July 1 through July 26, 
1996. The representative production period is from July 1, 1994, 
through June 30, 1995.

ADDRESSES: Copies of the text of the aforesaid marketing order may be 
obtained from the office of the referendum agent at 2202 Monterey 
Street, Suite 102B, Fresno, California 93721, 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, 
D.C., 20090-6456.

FOR FURTHER INFORMATION CONTACT: Martin J. Engeler, California 
Marketing Field Office, Marketing Order Administration Branch, Fruit 
and Vegetable Division, Agricultural Marketing Service, U.S. Department 
of Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California, 
93721; telephone: (209) 487-5901; or Charles L. Rush, Marketing Order 
Administration Branch, Fruit and Vegetable Division, Agricultural 
Marketing Service, U.S. Department of Agriculture, room 2522-S, P.O. 
Box 96456, Washington, D.C. 20090-6456; telephone: (202) 720-2431.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 928 (7 CFR 
Part 928), 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 during the period July 1 through July 26, 1996, among growers 
in the production area. Only growers who were engaged in the production 
of papayas during the period July 1, 1994, through June 30, 1995, may 
participate in the continuance referendum.
    The Secretary of Agriculture has determined that continuance 
referenda are an effective means for ascertaining whether growers favor 
continuation of marketing order programs. The Secretary 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 
papayas represented in the referendum favor continuance. In evaluating 
the merits of continuance versus termination, the Secretary would not 
only consider the results of the continuance referendum. The Secretary 
would also consider all other relevant information concerning the 
operation of the order and the relative benefits and disadvantages to 
growers, handlers, and consumers in order to determine whether 
continued operation of the order would tend to effectuate the declared 
policy of the Act.
    In any event, section 608c(16)(B) of the Act requires the Secretary 
to terminate an order whenever the Secretary finds that a majority of 
all growers favor termination, and such majority produced for market 
more than 50 percent of the commodity covered under such order.
    The order requires that a referendum be held every 6 years to 
determine whether growers favor continuance of their marketing order 
program. The most recent referendum was held in May 1993. The next 
referendum was scheduled for 1999. However, due to concerns regarding 
the operation of the order including program compliance, the Department 
has determined that a referendum should be held at this time to 
ascertain whether growers favor continuance of the order.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 38), the ballot materials to be 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. 0581-0102. It has been 
estimated that it will take an average of 20 minutes for each of the 
approximately 400 growers of papayas to participate in the voluntary 
referendum balloting. Ballots postmarked after July 26, 1996 will not 
be included in the vote tabulation.
    Martin J. Engeler, California Marketing Field Office, Fruit and 
Vegetable Division, Agricultural Marketing Service, USDA, is hereby 
designated as the referendum agent of the Secretary of Agriculture to 
conduct such 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 Part 
900.400 et seq.).
    Ballots will be mailed to all known growers and may also be 
obtained from the referendum agent and from his appointees at the above 
address.

List of Subjects in 7 CFR Part 928

    Marketing agreements, Papayas, Reporting and recordkeeping 
requirements.

    Authority: Agricultural Marketing Agreement Act of 1937, 48 
Stat. 31, as amended; 7 U.S.C. 601-674.

    Dated: June 24, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-16431 Filed 6-26-96; 8:45 am]
BILLING CODE 3410-02-P