[Federal Register: October 31, 2003 (Volume 68, Number 211)]
[Proposed Rules]               
[Page 62028-62029]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc03-16]                         

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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1135

[Docket No. AO-380-A18; DA-01-08-W]

 
Milk in the Western Marketing Area; Referendum Order and 
Extension of Time for Filing Comments; Determination of Representative 
Period and Designation of Referendum Agent

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum Order and extension of time for filing comments.

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

SUMMARY: This notice orders that a referendum be conducted to determine 
whether producers favor issuance of the order regulating the handling 
of milk in the Western marketing area, as amended in the tentative 
final decision issued by the Administrator on August 8, 2003, and 
published in the Federal Register on August 18, 2003 (68 FR 49375). 
Producer approval could not be determined by a polling of cooperatives. 
Additionally, this document extends the time for filing comments to the 
tentative final decision for the Western marketing area until April 1, 
2004.

DATES: The referendum is to be completed on or before 30 days after 
publication in the Federal Register and comments on the Western order 
are now due on April 1, 2004.

ADDRESSES: Comments (six copies) should be filed with the Hearing 
Clerk, Room 1083-STOP 9200, 1400 Independence Avenue, SW., South 
Building, United States Department of Agriculture, Washington, DC 
20250-9200.

FOR FURTHER INFORMATION CONTACT: Gino M. Tosi, Marketing Specialist, 
Order Formulation and Enforcement Branch, USDA/AMS/Dairy Programs, Room 
2971--Stop 0231, 1400 Independence Avenue, SW., Washington, DC 20250-0231, (202) 690-1366, e-mail address: gino.tosi@usda.gov.

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding:
    Notice of Hearing: Issued February 26, 2002; published March 4, 
2002 (67 FR 9622).
    Tentative Final Decision: Issued on August 8, 2003; published 
August 18, 2003 (68 FR 49375).
    On August 8, 2003, the Administrator issued a tentative final 
decision on proposed amendments to the Pacific Northwest and Western 
milk marketing orders. Comments on the tentative final decision were 
requested by October 17, 2003, and producer approval was to be 
determined through a polling of cooperatives. The polling of 
cooperatives was completed on October 6, 2003, for the Western milk 
marketing order and producer approval could not be ascertained.
    Notice is hereby given that the time for filing comments to the 
Western milk marketing order as amended by the tentative final decision 
is hereby extended from October 17, 2003, to April 1, 2004, and that a 
referendum will be conducted to determine producer approval of the 
Western order as amended.
    Several parties requested that the filing of comments on the 
Western order be extended indefinitely because producer approval could 
not be ascertained based on the polling of cooperatives that was held 
for the Western milk marketing order as amended by the tentative final 
decision. Requesters stated that submission of comments by the October 
17, 2003, date would be premature.
    Since a referendum is being conducted to determine producer 
approval of the Western order as amended, it is appropriate to delay 
comment submissions on the Western milk marketing order. Comments are 
now due on April 1, 2004. This extension of time for filing comments 
only applies to the Western order and comments on the tentative final 
decision amendments to the Pacific Northwest milk marketing order must 
be postmarked on or before October 17, 2003, as stated in the tentative 
final decision.
    This notice is issued pursuant to the provisions of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), and the applicable rules of practice and procedure governing the 
formulation of marketing agreements and marketing orders (7 CFR part 
900).

Referendum Order To Determine Producer Approval; Determination of 
Representative Period; and Designation of Referendum Agent

    It is hereby directed that a referendum be conducted to determine 
whether the issuance of the order regulating the handling of milk in 
the Western marketing area, as amended by the tentative final decision 
issued on August 8, 2003, and published on August 18, 2003 (68 FR 
49375), is approved by at least two-thirds of the producers, or by 
producers that represent at least two-thirds of the total milk produced 
during the representative period.

[[Page 62029]]

    The month of April 2002 is hereby determined to be the 
representative period for the conduct of such referendum.
    James R. Daugherty is hereby designated agent of the Secretary to 
conduct such referendum in accordance with the procedures for the 
conduct of referenda (7 CFR 900.300 et seq.).
    Such referendum shall be completed on or before 30 days from the 
publication of this referendum order.

List of Subjects in 7 CFR Part 1135

    Milk marketing orders.

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

    Dated: October 27, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-27414 Filed 10-30-03; 8:45 am]

BILLING CODE 3410-02-P