81 FR 54520 - Pistachios Grown in California, Arizona, and New Mexico; Continuance Referendum

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 158 (August 16, 2016)

This document directs that a referendum be conducted among eligible producers of pistachios grown in California, Arizona, and New Mexico to determine whether they favor continuance of the marketing order that regulates the handling of pistachios produced in the production area.

[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Proposed Rules]
[Page 54520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19531]


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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. 81, No. 158 / Tuesday, August 16, 2016 / 
Proposed Rules

[[Page 54520]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 983

[Doc. No. AMS-SC-16-0057; SC16-983-1 CR]


Pistachios Grown in California, Arizona, and New Mexico; 
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 producers of pistachios grown in California, Arizona, and New 
Mexico to determine whether they favor continuance of the marketing 
order that regulates the handling of pistachios produced in the 
production area.

DATES: The referendum will be conducted from November 1 through 
November 18, 2016. To vote in this referendum, producers must have 
produced pistachios within the designated production area during the 
period September 1, 2015, through August 31, 2016.

ADDRESSES: Copies of the marketing order may be obtained from the 
referendum agents at the California Marketing Field Office, 2202 
Monterey Street, Suite 102B, Fresno, California 93721-3129, or the 
Office of the Docket Clerk, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 
0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or Internet: 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Peter Sommers, Marketing Specialist, 
or Jeffrey Smutny, Regional Director, California Marketing Field 
Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or 
Email: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 983 (7 CFR 
part 983), 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 the producers. The referendum 
shall be conducted from November 1 through November 18, 2016, among 
pistachio producers in the production area. Only pistachio producers 
who were engaged in the production of pistachios during the period of 
September 1, 2015, through August 31, 2016, may participate in the 
continuance referendum.
    USDA has determined that continuance referenda are an effective 
means for determining whether producers favor the continuation of 
marketing order programs. USDA would consider termination of the order 
if continuance is not favored by a two-thirds majority of voting 
producers or a two-thirds majority of the volume represented in the 
referendum.
    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 have been 
approved by the Office of Management and Budget (OMB), under OMB No. 
0581-0215, Pistachios Grown in California, Arizona, and New Mexico. It 
has been estimated that it will take an average of 20 minutes for each 
of the approximately 1,150 growers of California, Arizona, and New 
Mexico pistachios to cast a ballot. Participation is voluntary. Ballots 
postmarked after November 18, 2016, will not be included in the vote 
tabulation.
    Peter Sommers and Jeffrey Smutny of the California Marketing Field 
Office, Specialty Crop 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 part 900.400-
900.407).
    Ballots will be mailed to all producers of record and may also be 
obtained from the referendum agents or from their appointees.

List of Subjects in 7 CFR Part 983

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

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

    Dated: August 10, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-19531 Filed 8-15-16; 8:45 am]
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