[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Proposed Rules]               
[Page 49619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au08-11]                         


	
	
	
	

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 49619]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 915

[Docket No. AMS-FV-08-0058; FV08-915-2]

 
Avocados Grown in South Florida; 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 Florida avocados growers to determine whether they favor 
continuance of the marketing order regulating the handling of avocados 
grown in South Florida.

DATES: The referendum will be conducted from September 22 to October 6, 
2008. To vote in this referendum, growers must have been producing 
Florida avocados within the designated production area during the 
period April 1, 2007, through March 31, 2008.

ADDRESSES: Copies of the marketing order may be obtained from the 
Southeast Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, U.S. Department of 
Agriculture, 799 Overlook Dr. Suite A, Winter Haven, FL 33884-1671, 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: William G. Pimental, Marketing 
Specialist, or Christian D. Nissen, Regional Manager, Southeast 
Marketing Field Office, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA; Telephone: (863) 324-3375, Fax: 
(863) 325-8793 or E-mail: William.Pimental@usda.gov or 
Christian.Nissen@usda.gov, respectively.

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 915 (7 CFR 
part 915), 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 from September 22 to October 6, 2008, among eligible Florida 
avocado growers in the production area. Only growers that were engaged 
in the production of Florida avocados during the period of April 1, 
2007, to March 31, 2008, may participate in the continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether growers favor the continuation of 
marketing order programs. USDA 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 Florida avocados 
represented in the referendum favor continuance of their program. In 
evaluating the merits of continuance versus termination, USDA will 
consider the results of the continuance referendum and other relevant 
information regarding operation of the order. USDA will evaluate the 
order's relative benefits and disadvantages to growers, handlers, and 
consumers to determine whether continuing 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 approved by the Office of Management and Budget 
(OMB), under OMB No. 0581-0189, OMB Generic Fruit Crops. It has been 
estimated that it will take an average of 5 minutes for each of the 
approximately 300 production area growers of Florida avocados to cast a 
ballot. Participation is voluntary. Ballots postmarked after October 6, 
2008, will not be included in the vote tabulation.
    Christian D. Nissen and William G. Pimental of the Southeast 
Marketing Field Office, Fruit and Vegetable Programs, 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 et seq.).
    Ballots will be mailed to all growers of record and may also be 
obtained from the referendum agents, or from their appointees.

List of Subjects in 7 CFR Part 915

    Avocados, Reporting and recordkeeping requirements.

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

    Dated: August 18, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-19467 Filed 8-21-08; 8:45 am]

BILLING CODE 3410-02-P