81_FR_54678 81 FR 54520 - Pistachios Grown in California, Arizona, and New Mexico; Continuance Referendum

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)

Page Range54520-54520
FR Document2016-19531

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 Issue 158 (Tuesday, August 16, 2016)
[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]


========================================================================
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.

========================================================================


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.

-----------------------------------------------------------------------

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]
BILLING CODE P



                                                      54520

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 81, No. 158

                                                                                                                                                                    Tuesday, August 16, 2016



                                                      This section of the FEDERAL REGISTER                    SUPPLEMENTARY INFORMATION:        Pursuant            conduct this referendum. The procedure
                                                      contains notices to the public of the proposed          to Marketing Order No. 983 (7 CFR part                applicable to the referendum shall be
                                                      issuance of rules and regulations. The                  983), hereinafter referred to as the                  the ‘‘Procedure for the Conduct of
                                                      purpose of these notices is to give interested          ‘‘order,’’ and the applicable provisions              Referenda in Connection With
                                                      persons an opportunity to participate in the            of the Agricultural Marketing                         Marketing Orders for Fruits, Vegetables,
                                                      rule making prior to the adoption of the final
                                                      rules.
                                                                                                              Agreement Act of 1937, as amended (7                  and Nuts Pursuant to the Agricultural
                                                                                                              U.S.C. 601–674), hereinafter referred to              Marketing Agreement Act of 1937, as
                                                                                                              as the ‘‘Act,’’ it is hereby directed that            Amended’’ (7 CFR part 900.400–
                                                      DEPARTMENT OF AGRICULTURE                               a referendum be conducted to ascertain                900.407).
                                                                                                              whether continuance of the order is                     Ballots will be mailed to all producers
                                                      Agricultural Marketing Service                          favored by the producers. The                         of record and may also be obtained from
                                                                                                              referendum shall be conducted from                    the referendum agents or from their
                                                      7 CFR Part 983                                          November 1 through November 18,                       appointees.
                                                                                                              2016, among pistachio producers in the
                                                      [Doc. No. AMS–SC–16–0057; SC16–983–1                                                                          List of Subjects in 7 CFR Part 983
                                                      CR]                                                     production area. Only pistachio
                                                                                                              producers who were engaged in the                       Marketing agreements and orders,
                                                      Pistachios Grown in California,                         production of pistachios during the                   Pistachios, Reporting and recordkeeping
                                                      Arizona, and New Mexico; Continuance                    period of September 1, 2015, through                  requirements.
                                                      Referendum                                              August 31, 2016, may participate in the                 Authority: 7 U.S.C. 601–674.
                                                                                                              continuance referendum.
                                                      AGENCY:  Agricultural Marketing Service,                                                                        Dated: August 10, 2016.
                                                                                                                 USDA has determined that
                                                      USDA.                                                   continuance referenda are an effective                Elanor Starmer,
                                                      ACTION: Referendum order.                               means for determining whether                         Administrator, Agricultural Marketing
                                                                                                              producers favor the continuation of                   Service.
                                                      SUMMARY:   This document directs that a                                                                       [FR Doc. 2016–19531 Filed 8–15–16; 8:45 am]
                                                                                                              marketing order programs. USDA would
                                                      referendum be conducted among
                                                                                                              consider termination of the order if                  BILLING CODE P
                                                      eligible producers of pistachios grown
                                                                                                              continuance is not favored by a two-
                                                      in California, Arizona, and New Mexico
                                                                                                              thirds majority of voting producers or a
                                                      to determine whether they favor                                                                               SOCIAL SECURITY ADMINISTRATION
                                                                                                              two-thirds majority of the volume
                                                      continuance of the marketing order that
                                                                                                              represented in the referendum.                        [Docket No. SSA–2013–0044]
                                                      regulates the handling of pistachios
                                                                                                                 In evaluating the merits of
                                                      produced in the production area.
                                                                                                              continuance versus termination, USDA                  20 CFR Parts 404 and 416
                                                      DATES: The referendum will be                           will consider the results of the
                                                      conducted from November 1 through                       continuance referendum and other                      RIN 0960–AH63
                                                      November 18, 2016. To vote in this                      relevant information regarding
                                                      referendum, producers must have                                                                               Revisions to Rules of Conduct and
                                                                                                              operation of the order. USDA will
                                                      produced pistachios within the                                                                                Standards of Responsibility for
                                                                                                              evaluate the order’s relative benefits and
                                                      designated production area during the                                                                         Appointed Representatives
                                                                                                              disadvantages to growers, handlers, and
                                                      period September 1, 2015, through                       consumers to determine whether                        AGENCY:   Social Security Administration.
                                                      August 31, 2016.                                        continuing the order would tend to                    ACTION:   Notice of proposed rulemaking.
                                                      ADDRESSES: Copies of the marketing                      effectuate the declared policy of the Act.
                                                      order may be obtained from the                             In accordance with the Paperwork                   SUMMARY:   We propose to revise our
                                                      referendum agents at the California                     Reduction Act of 1995 (44 U.S.C.                      rules of conduct and standards of
                                                      Marketing Field Office, 2202 Monterey                   Chapter 35), the ballot materials used in             responsibility for representatives. We
                                                      Street, Suite 102B, Fresno, California                  the referendum have been approved by                  also propose to update and clarify
                                                      93721–3129, or the Office of the Docket                 the Office of Management and Budget                   procedures we use when we bring
                                                      Clerk, Marketing Order and Agreement                    (OMB), under OMB No. 0581–0215,                       charges against a representative for
                                                      Division, Specialty Crops Program,                      Pistachios Grown in California, Arizona,              violating our rules of conduct and
                                                      AMS, USDA, 1400 Independence                            and New Mexico. It has been estimated                 standards of responsibilities for
                                                      Avenue SW., STOP 0237, Washington,                      that it will take an average of 20 minutes            representatives. These changes are
                                                      DC 20250–0237; Fax: (202) 720–8938; or                  for each of the approximately 1,150                   necessary to better protect the integrity
                                                      Internet: www.regulations.gov.                          growers of California, Arizona, and New               of our administrative process and
                                                      FOR FURTHER INFORMATION CONTACT:                        Mexico pistachios to cast a ballot.                   further clarify representatives’ currently
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                                                      Peter Sommers, Marketing Specialist, or                 Participation is voluntary. Ballots                   existing responsibilities in their conduct
                                                      Jeffrey Smutny, Regional Director,                      postmarked after November 18, 2016,                   with us. The changes to our rules are
                                                      California Marketing Field Office,                      will not be included in the vote                      not meant to suggest that any specific
                                                      Marketing Order and Agreement                           tabulation.                                           conduct is permissible under our
                                                      Division, Specialty Crops Program,                         Peter Sommers and Jeffrey Smutny of                existing rules; instead, we seek to
                                                      AMS, USDA; Telephone: (559) 487–                        the California Marketing Field Office,                ensure that our rules of conduct and
                                                      5901, Fax: (559) 487–5906, or Email:                    Specialty Crop Programs, AMS, USDA,                   standards of responsibility are clearer as
                                                      Peter.Sommers@ams.usda.gov or                           are hereby designated as the referendum               a whole and directly address a broader
                                                      Jeffrey.Smutny@ams.usda.gov.                            agents of the Secretary of Agriculture to             range of inappropriate conduct.


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Document Created: 2016-08-16 03:20:24
Document Modified: 2016-08-16 03:20:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionReferendum order.
DatesThe 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.
ContactPeter 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]
FR Citation81 FR 54520 
CFR AssociatedMarketing Agreements and Orders; Pistachios and Reporting and Recordkeeping Requirements

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