[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Proposed Rules]
[Page 7830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe09-28]
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Proposed Rules
Federal Register
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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 7830]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Doc. No. AMS-FV-08-0113; FV09-981-1 CR]
Almonds Grown in California; 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 California almonds growers to determine whether they favor
continuance of the marketing order regulating the handling of almonds
grown in California.
DATES: The referendum will be conducted from April 6 through April 24,
2009. To vote in this referendum, growers must have produced California
almonds during the period August 1, 2007 through July 31, 2008.
ADDRESSES: Copies of the marketing order may be obtained from the
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, U.S. Department of
Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California,
93721-3129, 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: Terry Vawter, Senior Marketing
Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901, Fax: (559)
487-5906, or e-mail: Terry.Vawter@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov, respectively.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 981 (7 CFR
part 981), 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 April 6 through April 24, 2009, among eligible
California almond growers. Only growers that were engaged in the
production of California almonds during the period of August 1, 2007
through July 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 California almonds
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
6,000 growers of California almonds to cast a ballot. Participation is
voluntary. Ballots postmarked after April 24, 2009, will not be
included in the vote tabulation.
Terry Vawter and Kurt J. Kimmel of the California 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 981
Almonds, Marketing agreements, Nuts, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Dated: February 13, 2009.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. E9-3597 Filed 2-19-09; 8:45 am]
BILLING CODE 3410-02-P