Proposed Rule2022-14574
Onions Grown in South Texas; Continuance Referendum
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 8, 2022
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This document directs that a referendum be conducted among eligible producers of onions grown in South Texas to determine whether they favor continuance of the marketing order regulating the handling of onions produced in the production area.
Full Text
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<title>Federal Register, Volume 87 Issue 130 (Friday, July 8, 2022)</title>
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Proposed Rules]
[Pages 40746-40747]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14574]
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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. 87, No. 130 / Friday, July 8, 2022 / Proposed
Rules
[[Page 40746]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 959
[Doc. No. AMS-SC-22-0039]
Onions Grown in South Texas; Continuance Referendum
AGENCY: Agricultural Marketing Service, Department of Agriculture
(USDA).
ACTION: Referendum order.
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SUMMARY: This document directs that a referendum be conducted among
eligible producers of onions grown in South Texas to determine whether
they favor continuance of the marketing order regulating the handling
of onions produced in the production area.
DATES: The referendum will be conducted from September 1 through
October 3, 2022. Only producers of South Texas onions who produced
onions within the production area during the period August 1, 2020,
through July 31, 2021, are eligible to vote in this referendum. The
U.S. Department of Agriculture (Department) will provide the option for
ballots to be returned electronically. Further details will be provided
in the ballot instructions. Ballots returned via express mail or
electronic mail must show proof of delivery by no later than 11:59 p.m.
Eastern Time on October 3, 2022, to be counted.
ADDRESSES: Copies of the marketing order may be obtained from the
Southeast Region Branch, Market Development Division, Specialty Crops
Program, AMS, USDA, 1124 First Street South, Winter Haven, FL 33880;
Telephone: (863) 324-3375; or from the Market Development Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491; or on the
internet: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Abigail Maharaj, Marketing Specialist,
or Christian D. Nissen, Regional Director, Southeast Region Branch,
Market Development Division, Specialty Crops Program, AMS, USDA, 1124
First Street South, Winter Haven, FL 33880; Telephone: (863) 324-3375,
Fax: (863) 291-8614, or Email: <a href="/cdn-cgi/l/email-protection#58193a313f393134761b393528372b182d2b3c39763f372e"><span class="__cf_email__" data-cfemail="f0b192999791999cdeb3919d809f83b085839491de979f86">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#3a79524853494e535b5414745349495f547a4f495e5b145d554c"><span class="__cf_email__" data-cfemail="c083a8b2a9b3b4a9a1aeee8ea9b3b3a5ae80b5b3a4a1eea7afb6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Agreement and Order
No. 959, as amended (7 CFR part 959), 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
producers. The referendum shall be conducted by mail and email ballot
from September 1 through October 3, 2022, among onion producers in the
production area. Only Texas onion producers who were engaged in the
production of South Texas onions grown in the production area during
the period of August 1, 2020, through July 31, 2021, may participate in
the continuance referendum. The Department will provide the option for
ballots to be returned electronically. Further details will be provided
in the ballot instructions.
The results of a referendum the Department conducted of South Texas
onion producers in 2020 (85 FR 55388) failed to reach the level of
support for continuing the marketing order. The results had 57 percent
of the eligible growers voting, representing 53 percent of production
volume voted, favoring continuing the program. Voting results prompted
the Secretary, as authorized in 7 CFR 959.84(d), to consider
termination of this part due to less than two-third of the growers
voting in the referendum and growers of less than two-thirds of the
volume of onions represented in the referendum voting in support of
continuance. Following the results of the continuance referendum, the
Department issued a proposed rule (86 FR 42748) inviting comments on
the proposed termination of the Order. Feedback received during the
public comment period demonstrated support for keeping the Order. AMS
received 90 comments, 85 of which opposed termination. Thirty-three of
the comments were from the production area, with 31 opposing
termination. After reviewing the results of the continuance referendum,
and the comments received in response to the proposed termination, the
Secretary of Agriculture has determined a second referendum is
appropriate to assess the true level of producer support for the
program.
The Department would withdraw the proposed rule to terminate the
Order if two-thirds of the producers that cast votes, or producers
representing two-thirds of the volume of South Texas onions voted in
the referendum, cast ballots in favor of continuance. If the results of
the referendum do not favor continuance, the Department will consider
the results of the continuance referendum and any other relevant
information regarding the operation of the Order and relative benefits
and disadvantages to producers, handlers, and consumers in determining
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 ballots used in the referendum have been approved by
the Office of Management and Budget (OMB) and have been assigned OMB
No. 0581-0178, Vegetable and Specialty Crops. It has been estimated
that it will take an average of 20 minutes for each of the
approximately 100 onion producers to cast a ballot. Participation is
voluntary. Ballots postmarked after October 3, 2022, will not be
included in the vote tabulation. Ballots delivered to the Department
via express mail or electronic mail must show proof of delivery by no
later than 11:59 p.m. Eastern Time (ET) on October 3, 2022.
Dolores Lowenstine, Abigail Maharaj, and Christian Nissen of the
Southeast Region Branch, Market Development Division, Specialty Crops
Program, AMS, USDA, are hereby designated as the referendum agents for
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 900.400-7 CFR 900.407).
Ballots and voting instructions will be sent by U.S. mail, United
Parcel Service, or through electronic mail to all
[[Page 40747]]
producers of record and may also be obtained from the referendum agents
or their appointees.
List of Subjects in 7 CFR Part 959
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-14574 Filed 7-7-22; 8:45 am]
BILLING CODE 3410-02-P
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