[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25665]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1220
[No. LS-94-006]
RIN 0581-AB30
Soybean Promotion and Research Program: Procedures for the
Conduct of a Producer Poll
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Soybean Promotion, Research, and Consumer
Information Act (Act), a poll must be conducted among eligible soybean
producers to determine if they support the conduct of a referendum on
the continuance of the payment of refunds under the Soybean Promotion
and Research Order (Order). This proposed rule sets forth the
procedures for conducting the required producer poll.
DATES: Written comments must be received by November 17, 1994.
ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief;
Marketing Programs Branch; Livestock and Seed Division; Agricultural
Marketing Service (AMS), USDA; P.O. Box 96456, room 2624-S; Washington,
D.C. 20090-6456. Comments will be available for public inspection
during regular business hours at the above office in room 2624 South
Agriculture Building, 14th and Independence Avenue SW., Washington,
D.C. Comments on the information collection requirements contained in
this proposed rule may also be sent to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, D.C.
20503, Attention: Desk Officer for AMS, USDA.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing
Programs Branch, 202/720-1115.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not-significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by OMB.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. It is not intended to have a retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 1971 of the Act, a
person subject to the Order may file with the Secretary a petition
stating that the Order, any provision of the Order, or any obligation
imposed in connection with the Order is not in accordance with law and
requesting a modification of the Order or an exemption from the Order.
The petitioner is afforded the opportunity for a hearing on the
petition. After a hearing the Secretary will rule on the petition. The
statute provides that the district court of the United States in any
district in which the petitioner resides or carries on business has
jurisdiction to review the Secretary's decision if a complaint for that
purpose is filed not later than 20 days after the date of the entry of
the Secretary's decision.
Further, Sec. 1974 of the Act provides, with certain exceptions,
that nothing in the Act may be construed to preempt or supersede any
other program relating to soybean promotion, research, consumer
information, or industry information organized and operated under the
laws of the United States or any State. One exception in the Act
concerns assessments collected by the Qualified State Soybean Boards
(QSSBs). The exception provides that to ensure adequate funding of the
operations of QSSBs under the Act, no State law or regulation may limit
or have the effect of limiting the full amount of assessments that a
QSSB in that State may collect, and which is authorized to be credited
under the Act. Another exception concerns certain referendums conducted
during specified periods by a State relating to the continuation or
termination of a QSSB or State soybean assessment.
This proposed rule would establish procedures for the conduct of a
producer poll. It provides to all eligible soybean producers the
opportunity to request that the Secretary conduct a refund referendum
on the continuance of the payment of refunds under the Order.
Participation in the producer poll would be voluntary. The
Administrator of AMS has determined that this proposed rule will not
have a significant economic impact on a substantial number of small
business entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980, the
information collection requirements contained in this proposed rule
have been approved by the Office of Management and Budget (OMB). They
have been assigned OMB control number 0581-0093. The information
collection requirements in this proposed rule include the following:
(a) In-person requests to conduct a refund referendum: Each person
who wishes to request that the Secretary conduct a refund referendum
must ask the appropriate county Agricultural Stabilization and
Conservation Service (ASCS) office to enter his/her name and address on
Form LS-51, ``Producer Poll on Refund Referendum Request List.'' Each
person must read the Certification Statement at the top of the form and
sign his/her name certifying that he/she meets the eligibility
requirements. The estimated average time burden for completing the
procedure is 5 minutes per person.
(b) Absentee requests to conduct a refund referendum: Each person
who wishes to request that the Secretary conduct a refund referendum
must complete Form LS-53, ``Producer Poll on Refund Referendum--
Absentee Request.'' Form LS-53 is a self-mailer, the person making a
request must read and sign the form, fold the form so that the ASCS
office address is showing, and tape the form closed. The form may be
returned by mail by affixing a stamp or it may be returned in person.
The estimated average time burden for completing the procedure is 5
minutes per person.
(c) The proposed rule contains a requirement that the county ASCS
office list the names and addresses of each person or entity requesting
Form LS-53 (Absentee Request), the date the form was requested, and the
date it was received back by the ASCS office. This information is
necessary for the Department to list the identities of each person
making a request in the producer poll and to allow interested parties
to see the identity of each person making a request to the Secretary to
conduct a refund referendum. This information can be used to validate
requests and to challenge potentially ineligible persons. Each county
ASCS office will fill out one or more of the Form LS-52 ``Absentee
Request List.'' The estimated average reporting burden will vary
depending on the number of requests. The estimated number of producers,
including in-person and absentee, who will request that the Secretary
conduct a refund referendum is 75,000-100,000 with each producer making
one request.
Please send comments concerning the information collection
requirements contained in this proposed rule to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, D.C. 20503, Attention: Desk Officer for AMS, USDA.
Background
The Act (7 U.S.C. 6301-6311) provides for the establishment of a
coordinated program of promotion and research designed to strengthen
the soybean industry's position in the marketplace and to maintain and
expand domestic and foreign markets and uses for soybeans and soybean
products. The program is financed by an assessment of 0.5 of one
percent of the net market price of soybeans sold by producers. Pursuant
to the Act, an Order was made effective July 9, 1991, and the
collection of assessments began September 1, 1991.
The Act requires that a referendum be conducted no earlier than 18
months and no later than 36 months after the issuance of the Order to
determine whether the Order should be continued.
The required initial referendum was conducted on February 9, 1994.
Of the 85,606 valid ballots cast, 46,060 (53.8 percent) were in favor
of continuing the Order and the remaining 39,546 votes (46.2 percent)
were against continuing the Order. The Act requires approval by a
simple majority for the Order to continue.
The Act also requires that within 18 months after the Secretary
announces the results of the referendum, the Secretary conduct a poll
of producers to determine if producers support the conducting of a
referendum on the continuance of the payment of refunds under the
Order. The Secretary announced the results of the referendum on April
1, 1994. Therefore, the producer poll must be held before October 1,
1995.
If, based on the poll, the Secretary determines that at least 20
percent of the approximately 400,000 producers nationwide (not in
excess of one-fifth of which may be producers in any one State) support
the conducting of a refund referendum, the Secretary must conduct a
refund referendum within 1 year of that determination.
If, based on the poll, the Secretary determines that at least 20
percent of the approximately 400,000 producers nationwide (not in
excess of one-fifth of which may be producers in any one State) do not
support the conducting of a refund referendum, no refund referendum
will be conducted and refunds will be discontinued.
The Act specifies that the producer poll shall be conducted for a
period established by the Secretary. Eligible persons must both certify
that they were engaged in the production of soybeans during a
representative period specified by the Secretary, and indicate that
they support the conducting of a refund referendum. The Act also
provides that the producer poll may be conducted in person at county
Extension offices or county ASCS offices or by mail-in requests.
Conducting the poll at county ASCS offices and providing for mail-in
requests will provide the greatest opportunity for those producers who
wish to indicate that they support the conducting of a refund
referendum.
The proposed rule sets forth procedures to be followed in
conducting the producer poll under the Act. The proposed rule includes
provisions concerning definitions, supervision of the producer poll,
certification and request procedures, reporting poll results, and
disposition of records. We propose that ASCS of the Department
coordinate State and County ASCS roles in conducting the poll.
List of Subjects in 7 CFR Part 1220
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Soybeans and soybean products,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, it is proposed that
title 7 of the CFR part 1220 be amended as follows:
PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
1. The authority citation for part 1220 continues to read as
follows:
Authority: Title XIX, Pub. L. 101-624, 104 Stat. 3359, 3881 (7
U.S.C. 6301-6311).
2. Subpart F is added to read as follows:
Subpart F--Procedures for the Conduct of a Producer Poll
Sec.
Definitions
1220.701 Act.
1220.702 Administrator.
1220.703 Agricultural Stabilization and Conservation County
Committee.
1220.704 Agricultural Stabilization and Conservation Service.
1220.705 Agricultural Stabilization and Conservation Service County
Executive Director.
1220.706 Department.
1220.707 Deputy Administrator.
1220.708 Order.
1220.709 Person.
1220.710 Producer.
1220.711 Public notice.
1220.712 Refund referendum.
1220.713 Representative period.
1220.714 Secretary.
1220.715 Soybeans.
1220.716 State and United States.
Producer Poll
1220.717 General.
1220.718 Supervision of producer poll.
1220.719 Eligibility.
1220.720 Time and place for requesting a refund referendum.
1220.721 Facilities for conducting poll.
1220.722 Certification and request forms.
1220.723 Certification and request procedure.
1220.724 Lists of registered producers.
1220.725 Challenge of eligibility.
1220.726 Canvassing request lists.
1220.727 ASCS county office report.
1220.728 ASCS State office report.
1220.729 Results of the poll.
1220.730 Disposition of records.
1220.731 Instructions and forms.
Subpart F--Procedures for the Conduct of a Producer Poll
Definitions
Sec. 1220.701 Act.
The term Act means the Soybean, Promotion, Research, and Consumer
Information Act set forth in title XIX, subtitle E of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Pub. L. 101-624), and
any amendments thereto.
Sec. 1220.702 Administrator.
The term Administrator means the Administrator of AMS, or any
officer or employee of the Department to whom there has been delegated
or may be delegated the authority to act in the Administrator's stead.
Sec. 1220.703 Agricultural Stabilization and Conservation County
Committee.
The term Agricultural Stabilization and Conservation County
Committee, also referred to as ``ASC County Committee,'' means the
group of persons within a county who are elected to act as the County
Agricultural Stabilization and Conservation Committee.
Sec. 1220.704 Agricultural Stabilization and Conservation Service.
The term Agricultural Stabilization and Conservation Service, also
referred to as ``ASCS,'' means the Agricultural Stabilization and
Conservation Service of the Department.
Sec. 1220.705 Agricultural Stabilization and Conservation Service
County Executive Director.
The term Agricultural Stabilization and Conservation Service County
Executive Director, also referred to as ``CED,'' means the person
employed by the ASC County Committee to execute the policies of the ASC
County Committee and to be responsible for the day-to-day operation of
the ASCS county office, or the person acting in such capacity.
Sec. 1220.706 Department.
The term Department means the United States Department of
Agriculture.
Sec. 1220.707 Deputy Administrator.
The term Deputy Administrator means the Deputy or Acting Deputy
Administrator, State and County Operations, Agricultural Stabilization
and Conservation Service, U.S. Department of Agriculture.
Sec. 1220.708 Order.
The term Order means the Soybean Promotion and Research Order.
Sec. 1220.709 Person.
The term Person means any individual, group of individuals,
partnership, corporation, association, cooperative, or any other legal
entity.
Sec. 1220.710 Producer.
The term Producer means any person engaged in the growing of
soybeans in the United States who owns, or shares the ownership and
risk of loss of, such soybeans.
Sec. 1220.711 Public notice.
The term Public notice means information regarding a producer poll
that the Secretary shall provide, without advertising expenses, through
press releases by State and county ASCS offices and other appropriate
government offices, by means of newspapers, electronic media, county
newsletters, and the like. Such notice shall contain the dates during
which the producer poll will be conducted, where it will be conducted,
eligibility requirements, and other pertinent information.
Sec. 1220.712 Refund referendum.
The term Refund referendum means a referendum conducted pursuant to
Sec. 1969(1)(2)(F)(iv) of the Act relating to continuance of authority
for producers to receive refunds of assessments.
Sec. 1220.713 Representative period.
The term Representative period means the period designated by the
Secretary pursuant to Sec. 1970 of the Act.
Sec. 1220.714 Secretary.
The term Secretary means the Secretary of Agriculture of the United
States or any other officer or employee of the Department to whom there
has been delegated or to whom there may be delegated the authority to
act in the Secretary's stead.
Sec. 1220.715 Soybeans.
The term Soybeans means all varieties of Glycine max or Glycine
soja.
Sec. 1220.716 State and United States.
The terms State and United States include the 50 States of the
United States of America, the District of Columbia, and the
Commonwealth of Puerto Rico.
Producer Poll
Sec. 1220.717 General.
(a) A poll to determine whether eligible producers favor the
conduct of a refund referendum on the continuance of the payment of
refunds under the Order shall be conducted in accordance with this
subpart.
(b) The poll shall be conducted at the county offices of ASCS.
(c) If the Secretary determines, based on the poll results, that at
least 20 percent of all producers (not in excess of one-fifth of which
may be producers in any one State) support the conducting of a refund
referendum to determine whether such producers favor the continuation
of the payment of refunds under the Order, a refund referendum will be
held within 1 year from that determination.
(d) If the Secretary determines, based on the poll results, that
less than 20 percent of all producers (not in excess of one-fifth of
which may be producers in any one State) favor the conduct of a refund
referendum, a refund referendum will not be held and refunds will be
discontinued.
Sec. 1220.718 Supervision of poll.
The Administrator shall be responsible for conducting the poll in
accordance with this subpart.
Sec. 1220.719 Eligibility.
(a) Eligible producers. Each person who was a producer during the
representative period is entitled to request a refund referendum. Each
producer entity is entitled to only one request.
(b) Proxy registration and voting. Proxy registration and voting is
not authorized.
(c) An officer or employee of a corporate producer, or any
guardian, administrator, executor, or trustee of a producer's estate,
or an authorized representative of any eligible producer entity (other
than an individual producer), such as a corporation or partnership, may
register and request a refund referendum on behalf of that entity. Such
individual must certify that he/she is authorized by such entity to
take such action.
(d) Joint and group interest. A group of individuals, such as
members of a family, joint tenants, tenants in common, a partnership,
owners of community property, or a corporation engaged in the
production of soybeans as a producer entity will be entitled to make
only one request; provided, however, that any individual member of a
group who is an eligible producer separate from the group may register
and make a request as a producer.
Sec. 1220.720 Time and place for requesting a refund referendum.
A poll will be conducted for one day on a date to be determined by
the Secretary. Eligible persons shall make their requests following the
procedures in Sec. 1220.723. Except for absentee requests, the polling
will take place during the business hours of each county ASCS office.
Sec. 1220.721 Facilities for conducting poll.
Each county ASCS office shall provide adequate facilities and space
to permit producers to register and to sign Form LS-50 indicating that
they are requesting that a refund referendum be conducted.
Sec. 1220.722 Certification and request forms.
A single sheet (Form LS-51) shall be used for certifying
eligibility and for requesting a refund referendum. The county ASCS
office, at the request of the producer, will fill out the form,
including the producer's name and address. The county ASCS office will
require the producer to read the certification statement and to sign
his/her name. The form does not require a ``yes'' or ``no.'' Completing
and signing the Form LS-51 will be considered a request to the
Secretary to conduct a refund referendum. A combined registration,
certification, and request form (Form LS-53) shall be used for absentee
requests. The producer must read and sign the form simultaneously
registering, certifying eligibility, and requesting that a refund
referendum be conducted.
Sec. 1220.723 Certification and request procedure.
(a) In-person. Each producer who wants to request that a refund
referendum be conducted shall, during the period to be specified by the
Secretary, request that the county ASCS office in, or serving, the
county in which the producer resides, enter his/her name and address on
Form LS-51. Each producer entity shall make its request at the county
ASCS office in the county in which its headquarters office or business
is located or at the county office serving the county in which the
entity's headquarters office or business is located. Producers will be
required to provide their names and addresses to the county ASCS office
and to read the certification statement before signing the form. By
signing the form, producers certify that they or the entity they
represent were producers during the specified representative period. A
producer who is requesting a refund referendum on behalf of an entity
referred to in Sec. 1220.719 certifies by signing the form that he is
authorized to do so.
(b) Absentee requests. Individual eligible producers may request
and obtain a combined registration, certification, and request form
(Form LS-53) from the county ASCS office of the county in which they
reside. Eligible producer entities may request Form LS-53 from the
county in which their main office is located. Only one Form LS-53 shall
be provided to each eligible producer. Form LS-53 may be requested in
person or in writing during a specified period which will be announced
by the Secretary. The county ASCS office shall enter on Form LS-52,
``Absentee Request List,'' the name and address of each person or
entity requesting Form LS-53 and the date the form was provided.
(2) To register, eligible producers must complete and sign Form LS-
53, and certify that:
(i) They or the entity they represent were producers during the
specified representative period; and
(ii) If voting on behalf of an entity referred to in Sec. 1220.719
they are authorized to do so.
(3) After completing Form LS-53, a producer must fold the self-
mailer so that the ASCS county office address is properly displayed,
and mail or deliver the form to the address shown.
(4) Absentee requests must be received at the appropriate county
ASCS office during the period to be established. A request shall be
considered to have been received during the period if it was received
in the office before the close of business on the final day of the
established period.
Sec. 1220.724 Lists of registered producers.
Maintaining security of Forms LS-51 and LS-52. County ASCS offices
shall at all times maintain control of the master (original) Forms LS-
51 and LS-52. A copy will be posted and available for public inspection
each day during the polling period and for 2 business days thereafter.
The form will be posted during regular office hours in a conspicuous
public location.
Sec. 1220.725 Challenge of eligibility.
(a) Who may challenge. A person's eligibility to request a refund
referendum may be challenged by any person.
(b) Challenge period. A challenge of a person's eligibility to
request a refund referendum may be made at any time during the polling
period, but no later than the close of business on the 2nd day after
the polling period ends.
(c) Determination of challenges. The ASC County Committee or its
designee shall make a determination concerning the eligibility of a
producer who has been challenged and notify challenged producers as
soon as practicable, but not later than 5 business days after the last
day of the polling period.
(d) Challenged names. The names of producers whose eligibility is
challenged shall be so noted. The notation ``challenged'' shall be made
next to the name on the Form LS-51 or Form LS-52. After the challenge
has been resolved, the county ASCS office shall write either
``eligible'' or ``ineligible'' next to the name on the Form LS-51 or
Form LS-52. A challenge shall be determined to have been resolved if
the determination of the ASC County Committee or its designee is not
appealed within the time allowed for appeal or there has been a
determination by the ASC County Committee after an appeal.
(e) Appeal. A person declared to be ineligible to request a refund
referendum by the ASC County Committee or its designee may file an
appeal at the county ASCS office within 3 business days after
notification of such decision. Such person may be required to provide
documentation such as sales documents or similar documents in order to
demonstrate his or her eligibility. An appeal shall be determined by
the ASC County Committee or its designee as soon as practicable, but in
all cases not later than the 9th business day after the last day of the
polling period. The ASC County Committee or its designee's
determination on an appeal is final.
Sec. 1220.726 Canvassing request lists.
(a) Canvassing procedure. Canvassing of Forms LS-51, LS-52, and LS-
53 shall take place as soon as possible after the opening of county
ASCS offices on the 10th business day following the last day of the
polling period. Such canvassing shall be in the presence of at least
two ASCS employees. CED or designee shall supervise the canvassing
process and make a determination as to:
(1) The number of producers signing Forms LS-51 and LS-53 and found
to be eligible to request a refund referendum, and
(2) The number of producers signing Forms LS-51 and LS-53 found to
be ineligible to request a refund referendum.
(b) The public may witness the review and tabulation of Forms LS-
51, LS-52, and LS-53, but may not interfere with the process.
Sec. 1220.727 ASCS county office report.
The ASCS county report shall be certified as complete by the CED or
designee. ASCS county office shall notify ASCS State office of the
results of the poll. Each ASCS county office shall transmit the results
of the poll in its county to the ASCS State office. Such report shall
include, but not be limited to, the number of producers registering to
request a refund referendum, the number of requests declared invalid,
and the total number of valid requests to conduct a referendum. The
results of the poll in each county may be made available to the public
after the county has reported to the State office. A copy of the report
of results shall be posted for 30 days in ASCS county office in a
conspicuous place accessible to the public, and a copy shall be kept on
file in ASCS county office for a period of at least 12 months.
Sec. 1220.728 ASCS State office report.
Each ASCS State office shall transmit to the Deputy Administrator,
ASCS, a written summary of the results of the poll received from all
ASCS county offices within the State. The summary shall include the
information on the poll results contained in the reports from all
county offices within each State and be certified by the ASCS State
Executive Director. The State ASCS office shall maintain a copy of the
summary where it shall be available for public inspection for a period
of not less than 12 months.
Sec. 1220.729 Results of the poll.
(a) The Deputy Administrator, ASCS, shall submit to the
Administrator, AMS, the results of the poll. The Administrator, AMS,
shall prepare and submit to the Secretary a report of the results of
the poll. The results of the poll shall be issued by the Department in
an official press release and published in the Federal Register. State
reports and related papers shall be available for public inspection in
the office of the Marketing Programs Branch, Livestock and Seed
Division, AMS, USDA, room 2624 South Agriculture Building, 14th and
Independence Avenue SW., Washington, D.C.
(b) If the Secretary deems it necessary, the report of any State or
county will be re-examined and checked by such persons who may be
designated by the Deputy Administrator, ASCS, or the Secretary.
Sec. 1220.730 Disposition of records.
Each ASCS county executive director shall place in sealed
containers marked with the identification of the soybean producer poll,
the request lists and county summaries. Such records shall be secured
in the custody of the ASCS county executive director for a period of
not less than 12 months after the poll. If no notice to the contrary is
received from the Deputy Administrator, ASCS, by the end of such time,
the records shall be destroyed.
Sec. 1220.731 Instructions and forms.
The Administrator is hereby authorized to prescribe additional
instructions and forms not inconsistent with the provisions of this
subpart to govern the conduct of the producer poll.
Dated: October 11, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-25665 Filed 10-17-94; 8:45 am]
BILLING CODE 3410-02-P
