[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Proposed Rules]
[Page 551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-169]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 3 / Tuesday, January 6, 2004 / 
Proposed Rules  

[[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.

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

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