[Federal Register: April 17, 2003 (Volume 68, Number 74)]
[Proposed Rules]               
[Page 18908]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap03-19]                         

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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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[[Page 18908]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Docket No. FV03-929-2]

 
Cranberries Grown in the States of Massachusetts, Rhode Island, 
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, 
Washington, and Long Island in the State of New York; Continuance 
Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This document directs that a continuance referendum be 
conducted among eligible growers of cranberries in the States of 
Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, 
Michigan, Minnesota, Oregon, Washington, and Long Island in the State 
of New York to determine whether they favor continuance of the 
marketing order regulating the handling of cranberries grown in the 
production area.

DATES: The referendum will be conducted from May 19 through May 30, 
2003. To vote in this referendum, growers must have been engaged in 
producing cranberries within the production area during the period 
September 1, 2001, through August 31, 2002.

ADDRESSES: Copies of the marketing order may be obtained from USDA, 
Washington DC Marketing Field Office, 4700 River Road, Unit 155, Room 
2A38, Riverdale, Maryland, 20737, or the Office of the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue SW., Stop 0237, Washington, DC, 20250-0237.

FOR FURTHER INFORMATION CONTACT: Kenneth G. Johnson, Regional Manager, 
Washington, DC Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, 
U.S. Department of Agriculture, 4700 River Road Unit 155, Room 2A38, 
Riverdale, MD 20737; telephone (301) 734-5243; fax (301) 734-5275; or 
Melissa Schmaedick, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, P.O. Box 1035, Moab, UT 84532; telephone (435) 259-7988; 
fax (435) 259-4945.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 929 (7 CFR 
part 929), 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 May 19 through May 30, 2003, among eligible 
cranberry growers in the production area. Only growers that were 
engaged in the production of cranberries in the States of 
Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, 
Michigan, Minnesota, Oregon, Washington, and Long Island in the State 
of New York during the period of September 1, 2001, through August 31, 
2002, may participate in the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether growers favor continuation of marketing 
order programs. The USDA would not consider termination of the order if 
more than 50 percent of the growers who vote in the referendum and 
growers of more than 50 percent of the volume of cranberries 
represented in the referendum favor continuance of their program.
    In evaluating the merits of continuance versus termination, the 
USDA will not only consider the results of the continuance referendum. 
The USDA will also consider all other relevant information concerning 
the operation of the order and the relative benefits and disadvantages 
to growers, processors, and consumers in order to determine 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. 
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. 0581-0103. It has been 
estimated that it will take an average of 30 minutes for each of the 
approximately 1,100 producers of cranberries in the production area to 
cast a ballot. Participation is voluntary. Ballots postmarked after May 
30, 2003, will be marked invalid and not included in the vote 
tabulation.
    Kenneth G. Johnson, James B. Wendland, Patricia A. Petrella and 
Dawana Clark of the Washington, DC Marketing Field Office, Fruit and 
Vegetable Programs, Agricultural Marketing Service, USDA, are hereby 
designated as the referendum agents of USDA 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 900.400 et seq.).
    Ballots will be mailed to all growers of record and may also be 
obtained from the referendum agents and from their appointees.

List of Subjects in 7 CFR Part 929

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

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

    Dated: April 10, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-9409 Filed 4-16-03; 8:45 am]

BILLING CODE 3410-02-P