[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Proposed Rules]
[Page 65712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31787]


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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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  Federal Register / Vol. 63, No. 229 / Monday, November 30, 1998 / 
Proposed Rules  

[[Page 65712]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 981

[Docket No. FV98-981-4]


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 1 through 
February 19, 1999. To vote in this referendum, growers must have been 
producing California almonds during the period August 1, 1997, through 
July 31, 1998.

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 Division, AMS, USDA, 
PO Box 96456, room 2525-S, Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: Martin Engeler, Assistant Regional 
Manager, California Marketing Field Office, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, Agricultural 
Marketing Service, Department of Agriculture, 2202 Monterey Street, 
suite 102B, Fresno, California 93721; telephone (209)487-5901; fax 
(209)487-5906; or Anne Dec, Rulemaking Team Leader, Marketing Order 
Administration Branch, Fruit & Vegetable Programs, Agricultural 
Marketing Service, Department of Agriculture, room 2525-S, PO Box 
96456, Washington, DC 20090-6456; telephone (202) 720-2491; fax 
(202)205-6632.

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 1, through February 19, 
1999, 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, 1997, through July 31, 1998, may 
participate in the continuance referendum.
    The Secretary of Agriculture has determined that continuance 
referenda are an effective means for determining whether growers favor 
continuation of marketing order programs. The Secretary 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 Secretary 
will not only consider the results of the continuance referendum. The 
Secretary 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 any event, section 8c(16)(B) of the Act requires the Secretary 
to terminate an order whenever the Secretary finds that a majority of 
all growers affected by the order favor termination, and such majority 
produced for market more than 50 percent of the commodity covered under 
such order.
    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 February 19, 1999, 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 Secretary of Agriculture 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: November 20, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-31787 Filed 11-27-98; 8:45 am]
BILLING CODE 3410-02-P