[Federal Register: January 6, 2004 (Volume 69, Number 3)]
[Proposed Rules]
[Page 551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja04-34]
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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 551]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Docket No. FV04-981-2]
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 growers of California almonds to determine whether they favor
continuance of the marketing order regulating the handling of almonds
grown in the production area.
DATES: The referendum will be conducted from February 9 through March
5, 2004. To vote in this referendum, growers must have been producing
California almonds during the period August 1, 2002, through July 31,
2003.
ADDRESSES: Copies of the marketing order may be obtained from the
office of the referendum agent at 2202 Monterey Street, suite 102B,
Fresno, California 93721, or the Office of the Docket Clerk, Marketing
Order Administration Branch, Fruit and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., Stop 0237, Washington, DC 20250-0237.
FOR FURTHER INFORMATION CONTACT: Martin Engeler, Assistant Regional
Manager, California Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, Agricultural
Marketing Service, U.S. Department of Agriculture, 2202 Monterey
Street, suite 102B, Fresno, California 93721; telephone (559) 487-5901;
fax (559) 487-5906; or Anne Dec, Rulemaking Team Leader, Marketing
Order Administration Branch, Fruit & Vegetable Programs, Agricultural
Marketing Service, U.S. Department of Agriculture, 1400 Independence
Avenue SW, Stop 0237, Washington, DC 20250-0237; telephone (202) 720-
2491; fax (202) 720-8938.
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 the growers. The referendum
shall be conducted during the period February 9 through March 5, 2004,
among California almond growers in the production area. Only growers
that were engaged in the production of California almonds during the
period of August 1, 2002, through July 31, 2003, may participate in the
continuance referendum.
USDA has determined that continuance referenda are an effective
means for determining whether growers favor continuation of marketing
order programs. The Department 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. In evaluating the
merits of continuance versus termination, the USDA will not only
consider the results of the continuance referendum. The USDA will also
consider all other relevant information concerning the operation of the
order and the relative benefits and disadvantages to growers, handlers,
and consumers in order to determine 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 ballot materials to be used in the referendum herein
ordered have been submitted to and approved by the Office of Management
and Budget (OMB) and have been assigned OMB No. 0581-0071 for
California almonds. It has been estimated that it will take an average
of 10 minutes for each of the approximately 7,000 growers of California
almonds to cast a ballot. Participation is voluntary. Ballots
postmarked after March 5, 2004, will not be included in the vote
tabulation.
Martin Engeler of the California Marketing Field Office, Fruit and
Vegetable Programs, Agricultural Marketing Service, USDA, is hereby
designated as the referendum agent of the Department to conduct such
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 agent and from his 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: December 30, 2003.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 04-169 Filed 1-5-04; 8:45 am]
BILLING CODE 3410-02-P