[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Rules and Regulations]
[Pages 29646-29647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14260]
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NORTHEAST DAIRY COMPACT COMMISSION
7 CFR Chapter XIII
Results of Producer Referendum on Compact Over-Order Price
Regulation
AGENCY: Northeast Dairy Compact Commission.
ACTION: Notice of Referendum Results.
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SUMMARY: The Northeast Dairy Compact Commission adopted an over-order
price regulation by Final Rule on May 14, 1997, which is published
elsewhere in this issue of the Federal Register. To become effective
the price regulation must be approved by at least two-thirds of all
producers voting by referendum. A producer referendum was held during
the period of May 15 through May 27, 1997. The Commission's price
regulation was approved by more than two-thirds of all producers voting
in the referendum.
ADDRESSES: Northeast Dairy Compact Commission, 43 State Street, P.O.
Box 1058, Montpelier, Vermont 05601.
FOR FURTHER INFORMATION CONTACT: Daniel Smith, Executive Director,
Northeast Dairy Compact Commission at the above address or by telephone
at (802) 229-1941 or by facsimile at (802) 229-2028.
SUPPLEMENTARY INFORMATION: The Compact Commission was established
under the authority of the Northeast Interstate Dairy Compact
(``Compact''). The Compact was enacted into law by each of the six
participating New England states as follows: Connecticut--Pub. L.
93-320; Maine--Pub. L. 89-437, as amended, Pub. L. 93-274;
Massachusetts--Pub. L. 93-370; New Hampshire--Pub. L. 93-336; Rhode
Island--Pub. L. 93-106; Vermont--Pub. L. 89-95, as amended, 93-57.
Consistent with Article I, Section 10 of the United States
Constitution, Congress consented to the Compact in Public Law 104-
127 (FAIR ACT), Section 147, codified at 7 U.S.C. 7256.
Subsequently, the United States Secretary of Agriculture, pursuant
to 7
[[Page 29647]]
U.S.C. 7256(1), authorized implementation of the Compact.
Article V, Section 13(a) of the Compact provides that to ascertain
whether a price regulation established by the Commission is approved by
producers the Commission shall conduct a referendum among producers.
Section 13(b) provides further that a price regulation shall be deemed
approved by producers if the Commission determines that it is approved
by at least two-thirds of the voting producers who, during a
representative period, have been engaged in the production of milk
subject to Commission price regulation. Section 13(c) directs the
Commission to consider the approval or disapproval of any qualified
cooperative association by block vote as the approval or disapproval of
the producers who are members or stockholders in the cooperative
association. Section 13(c)(4) provides that producers who are members
of cooperatives may express their approval or disapproval of the order
by ballot, and the Commission shall remove their vote from the total
certified by the Cooperative.
By final rule, published in this Federal Register, the Commission
adopted an over-order price regulation on May 14, 1997. The Final Rule
includes specific findings of fact required under Section 12(a)(1)-
(4)of the Compact. The following notice provides certification of the
finding required under Section 12(a)(4), specifically: ``Whether the
terms of the proposed regional order or amendment are approved by
producers as provided in section 13.''
The Commission adopted the following resolution for certifying a
referendum vote at its May 14, 1997 meeting:
Referendum Approval Certification Procedure
The Compact Commission resolves and adopts this procedure for
certifying whether the Price Regulation adopted on May 14 has been
duly approved by producer referendum in accordance with Article V,
Sec. 12 of the Northeast Interstate Dairy Compact.
The Compact Commission further resolves to designate and
authorize a ``Referendum Agent'' to administer this procedure. The
Referendum Agent shall:
1. Verify all ballots in accordance with Commission's
requirements with respect to timeliness, Cooperative identification,
producer eligibility, appearance of authenticity and other steps
taken to avoid duplication of ballots. Ballots determined by the
referendum agent to be invalid shall be marked ``disqualified'' with
a notation of the reason for the disqualification. Disqualified
ballots shall not be considered in determining approval or
disapproval of the regulation. Verification of ballots shall include
those cast individually and by block vote.
2. Certify the following:
a. The total number of ballots cast.
b. The total number of ballots disqualified.
c. The total number of verified ballots cast in favor of the
price.
d. The total number of verified ballots cast in opposition to
the price regulation.
e. Whether two-thirds of all verified ballots were cast in the
affirmative.
3. Report to the Executive Director of the Compact Commission
the certified computations and results of the referendum under
Section 2, who shall publish such results in the Federal Register.
4. At the completion of his or her work, shall seal all ballots,
including the disqualified ballots, and shall submit a final report
to the Executive Director stating all actions taken in connection
with the referendum. The final report shall include all ballots cast
and all other information furnished to or compiled by the Referendum
Agent.
The ballots cast, the identity of any person or cooperative, or
the manner in which any person or cooperative voted and all
information furnished to or compiled by the Referendum Agent shall
be regarded as confidential.
The Commission hereby duly appoints Mae Schmidle as the
Referendum Agent to act in accordance with the procedures adopted by
this Resolution.
The Commission appointed Ms. Mae Schmidle, the Commission's Vice
Chair as Referendum Agent. A referendum was held during the period of
May 15 through May 27, 1997. All producers who were producing milk
pooled in Federal Order #1 or for consumption in New England, during
January of 1997, the representative period determined by the Commission
were deemed eligible to vote. The mailing of ballots to eligible
producers was completed on 16, 1997 by the Federal Order #1 Market
Administrator. The ballots included an official summary of the
Commission's action. Producers were notified that, to be counted, their
ballots had to be returned to the Commission offices by noon on May 27,
1997.
Eleven Cooperative Associations were notified of the procedures
necessary to block vote by a pre-decisional letter dated April 7, 1997
and a post-decisional letter dated May 15, 1997. Cooperatives were
required to provide prior written notice of their intention to block
vote to all members on a form provided by the Commission, and to
certify to the Commission that (1) timely notice was provided, (2) the
number of eligible producers for whom they claimed to be voting, and
(3) that they were qualified under the Capper-Volstead Act. Cooperative
Associations were further notified that Cooperative Association block
vote reporting forms had to be returned to the Commission offices by
noon on May 27, 1997.
Notice
On May 27, 1997 the duly authorized referendum agent verified all
Ballots according to procedures and criteria established by the
Commission. A total of 4,169 ballots were mailed to eligible producers.
All ballots and Block Vote Reporting Forms received by the Commission
were opened and counted. A total of 3,270 producer ballots were
returned to the Commission office. Ballots and Block Vote Reporting
forms were verified or disqualified based on criteria established by
the Commission, including timeliness, cooperative identification by
cooperative members, producer eligibility, appearance of authenticity,
appropriate certifications by cooperative associations and other steps
taken to avoid duplication of ballots. Ballots determined by the
referendum agent to be invalid were marked ``disqualified'' with a
notation as to the reason. A total of 112 ballots were disqualified by
the referendum agent.
The referendum agent then certified the following:
A total of 4,169 ballots were mailed to eligible producers.
A total of 3,270 ballots were returned to the Commission.
A total of 112 ballots were disqualified.
A total of 3,158 ballots were verified.
A total of 3,146 verified ballots were cast in favor of the price
regulation.
A total of 12 verified ballots were cast in opposition to the price
regulation.
Accordingly, pursuant to the Referendum Approval Certification
Procedure resolution adopted by the Northeast Dairy Compact Commission
on May 14, 1997, I hereby provide notice that 3,146 of 3,158 verified
ballots or 99.6 percent of all verified ballots cast were in favor of
the price regulation and that, therefore, greater than two-thirds of
all verified ballots were cast in the affirmative.
Daniel Smith,
Executive Director.
[FR Doc. 97-14260 Filed 5-29-97; 8:45 am]
BILLING CODE 1650-01-P
