Almonds Grown in California; Continuance Referendum

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

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.

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.

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