[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
