[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Proposed Rules]
[Page 7830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3597]


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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. 74, No. 33 / Friday, February 20, 2009 / 
Proposed 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.

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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: [email protected] or 
[email protected], 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