[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Proposed Rules]
[Pages 47200-47204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23904]
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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.
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Federal Register / Vol. 63, No. 172 / Friday, September 4, 1998 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[No. LS-98-001]
Soybean Promotion and Research Program: Procedures To Request a
Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule establishes procedures for soybean
producers to request a referendum on the Soybean Promotion and Research
Order (Order) as authorized under the Soybean Promotion, Research, and
Consumer Information Act (Act). The Act provides that the Secretary, 5
years after the conduct of the initial referendum, will give soybean
producers the opportunity to request an additional referendum on the
Order. Individual producers and other producer entities would be
provided the opportunity to request a referendum during a specified
period announced by the Secretary of Agriculture (Secretary), at the
county Farm Service Agency (FSA) office where FSA maintains and
processes the producer's administrative farm records. For the producer
not participating in FSA programs, the opportunity to request a
referendum would be provided at the county FSA office serving the
county where the producer owns or rents land.
DATES: Written comments must be received by October 5, 1998.
ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief;
Marketing Programs Branch; Livestock and Seed Program; Agricultural
Marketing Service (AMS), USDA; STOP-0251; 14th and Independence Avenue;
SW.; Washington, DC 20250-0251. Comments will be available for public
inspection during regular business hours in room 2606; South
Agriculture Building; 14th and Independence Avenue, SW., Washington,
DC. 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 (OMB), Washington,
DC 20503, Attention: Desk Officer for AMS, USDA.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing
Programs Branch, 202/720-1115.
SUPPLEMENTARY INFORMATION:
Regulatory Impact Analysis
Executive Order 12866 and 12988 and the Regulatory Flexibility Act
and the Paperwork Reduction Act
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have a retroactive effect.
This rule would not preempt state or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
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.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA)(5 United States Code (U.S.C.) 601 et seq), the Administrator
of AMS has considered the economic effect of this action on small
entities and has determined that its implementation will not have a
significant economic impact on a substantial number of small business
entities.
According to the most recent data available from the Department's
National Agricultural Statistics Service (NASS), based on the 1992
Census of Agriculture, there are approximately 381,000 farms that grow
soybeans that may be eligible to request a referendum. The majority of
producers subject to the Order are small businesses under the criteria
established by the Small Business Administration.
The requirements set forth in this rule are substantially similar
to the rules that established the eligibility and participation
requirements for a July 26, 1995, soybean producer poll published as a
final rule on March 22, 1995 (60 FR 15027), in the Federal Register.
The procedures to request a referendum would not impose a
substantial burden or have a significant impact on persons subject to
the Order. Further, participation is not mandatory. Not all persons
subject to the Order are expected to participate. The Department would
determine producer eligibility.
In compliance with OMB regulations [5 CFR Part 1320] which
implements the Paperwork Reduction Act (PRA)[44 U.S.C. 3501 et seq],
the information collection requirements contained in this proposed rule
have been previously approved by OMB and were assigned OMB control
number 0581-0093. The information collection requirements in this
proposed rule include the following:
(1) Any eligible person who requests a referendum must legibly
print his/her
[[Page 47201]]
name, or if applicable, the producer entity represented, address,
telephone number, and county on the ``Request for a Soybean
Referendum'' form (Form LS-51-1). Each person must read the
Certification Statement on the form and sign it certifying that he/she
or the producer entity represented meets the eligibility requirements.
Form LS-51-1 shall be obtained in person, by mail, telephone or
facsimile from the county FSA office where FSA maintains and processes
the producer's administrative farm records or at the county FSA office
serving the county where the producer owns or rents land. Form LS-51-1
may be returned by mail, by facsimile, or in person to the same county
FSA office where the form was obtained. A producer or producer entity
representative who obtains Form LS-51-1 in person during the Request
for Referendum period from the appropriate county FSA office may
complete Form LS-51-1 at that time. The estimated average time burden
for completing the procedure is 5 minutes per person.
(2) Using information from each returned Form LS-51-1, county FSA
personnel shall enter the producer's name, and if applicable, producer
entity representative and the date received (and the postmarked date
for mailed requests), and the method the form was received on the
``List of Soybean Producers Requesting a Referendum'' (Form LS-51-2).
This information may be used for the purpose of challenging the
eligibility of producers. Many county FSA offices will use more than
one Form LS-51-2 depending on the number of producers requesting a
referendum. Because only county FSA office personnel would be required
to complete Form LS-51-2, the time required to complete this form is
not included in the estimated average reporting burden for a producer.
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 required that an initial 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 initial referendum was conducted on February 9, 1994. On April
1, 1994, the Secretary announced that 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 required approval by a simple majority for the Order to
continue.
The Act also required that within 18 months after the Secretary
announced the results of the initial referendum, the Secretary would
conduct a poll among producers to determine if producers favored a
referendum on the continuance of the payment of refunds under the
Order.
A July 25, 1995, nationwide poll of soybean producers did not
generate sufficient support for a refund referendum to be held. A
refund referendum would have been held if at least 20 percent (not in
excess of one-fifth of which may be producers in any one State) of the
381,000 producers (76,200) nationwide requested it. Only 48,782 soybean
producers participated in the poll. Consequently, refunds were
discontinued on October 1, 1995.
The Act also specifies that the Secretary shall, 5 years after the
conduct of the initial referendum and every 5 years thereafter, provide
soybean producers an opportunity to request a referendum on the Order.
For all such referendums, if the Secretary determines that at least
10 percent of the U.S. producers engaged in growing soybeans (not in
excess of one-fifth of which may be producers in any one State) support
the conduct of a referendum, the Secretary must conduct a referendum
within 1 year of that determination. If these requirements are not met,
no referendum would be conducted.
For the purposes of the Request for Referendum, the Secretary would
use the latest official numbers of U.S. soybean farms as reported by
NASS as representing the total number of producers. The latest official
data reported by NASS based on the 1992 Census of Agriculture shows
that 381,000 farms produce soybeans.
The Act provides that producers shall have an opportunity to
request a referendum during a period established by the Secretary.
Eligible persons must certify on an official form that they were
engaged in the growing of soybeans during a representative period
specified by the Secretary, and indicate that they favor the conduct of
a referendum. The Department proposes that the Request for Referendum
period would be a 4-week period announced by the Secretary and that the
representative period for which a producer was engaged in the growing
of soybeans would be January 1, 1996, to December 31, 1998. The Act
also provides that a Request for Referendum may be made in person or by
mail-in request at county Cooperative Extension Service offices or
county FSA offices. Providing producers an opportunity to request a
referendum at county FSA offices will give producers the greatest
opportunity to request a referendum.
The proposed rule sets forth procedures for producers to request a
referendum as authorized under the Act, including definitions,
eligibility, certification and request procedure, reporting results,
and disposition of the forms and records. It is proposed that FSA of
the Department would coordinate State and county FSA roles in
conducting the Request for Referendum by (1) determining producer
eligibility, (2) canvassing and counting requests, and (3) reporting
the results.
A 30-day comment period is provided for interested persons to
comment on this proposed rule. This comment period is deemed
appropriate because the Act provides that the Secretary, 5 years after
the conduct of the initial referendum, will give soybean producers the
opportunity to request an additional referendum on the Order. A 30-day
comment period will assist in timely implementation of this rule
consistent with the provisions of the Act.
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 7
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: 7 U.S.C. 6301-6311.
2. In part 1220, subpart F is added to read as follows:
Subpart F--Procedures To Request a Referendum
Definitions
Sec.
1220.10 Act.
1220.11 Administrator, AMS.
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1220.12 Administrator, FSA.
1220.13 Department.
1220.14 Farm Service Agency.
1220.15 Farm Service Agency County Committee.
1220.16 Farm Service Agency County Executive Director.
1220.17 Order.
1220.18 Person.
1220.19 Producer.
1220.20 Public notice.
1220.21 Representative period.
1220.22 Secretary.
1220.23 Soybeans.
1220.24 State and United States.
Procedures
1220.30 General.
1220.31 Supervision of the process for requesting a referendum.
1220.32 Eligibility.
1220.33 Time and place for requesting a referendum.
1220.34 Facilities.
1220.35 Certification and request form.
1220.36 Certification and request procedure.
1220.37 List of producers requesting a referendum.
1220.38 Challenge of eligibility.
1220.39 Canvassing.
1220.40 Counting requests.
1220.41 Public review.
1220.42 FSA county office report.
1220.43 FSA State office report.
1220.44 Reporting results.
1220.45 Disposition of records.
1220.46 Instructions and forms.
Definitions
Sec. 1220.10 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. 1220.11 Administrator, AMS.
The term Administrator, AMS means the Administrator of the
Agricultural Marketing Service, 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. 1220.12 Administrator, FSA.
The term Administrator, FSA means the Administrator, of the Farm
Service Agency, 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. 1220.13 Department.
The term Department means the United States Department of
Agriculture.
Sec. 1220.14 Farm Service Agency.
The term Farm Service Agency, also referred to as ``FSA,'' means
the Farm Service Agency of the Department.
Sec. 1220.15 Farm Service Agency County Committee.
The term Farm Service Agency County Committee, also referred to as
``FSA County Committee or COC,'' means the group of persons within a
county who are elected to act as the Farm Service Agency County
Committee.
Sec. 1220.16 Farm Service Agency County Executive Director.
The term Farm Service Agency County Executive Director, also
referred to as ``CED,'' means the person employed by the FSA County
Committee to execute the policies of the FSA County Committee and to be
responsible for the day-to-day operation of the FSA county office, or
the person acting in such capacity.
Sec. 1220.17 Order.
The term Order means the Soybean Promotion and Research Order.
Sec. 1220.18 Person.
The term Person means any individual, group of individuals,
partnership, corporation, association, cooperative, or any other legal
entity.
Sec. 1220.19 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. 1220.20 Public notice.
The term Public Notice means a notice published in the Federal
Register, not later than 60 days prior to the last day of the Request
for Referendum period that provides information regarding the Request
for Referendum period. Such notification shall include, but not be
limited to, explanation of producers' rights; procedures to request a
referendum, the purpose, dates of the Request for Referendum period,
place for requesting a referendum, and eligibility requirements.
Additionally, the Board is required to provide producers, in writing,
the same information during the same time period. Other pertinent
information shall also be provided, without advertising expense,
through press releases by State and county FSA offices and other
appropriate Government offices, by means of newspapers, electronic
media, county newsletter, and the like.
Sec. 1220.21 Representative period.
The term Representative period means the period designated by the
Secretary pursuant to section 1970 of the Act.
Sec. 1220.22 Secretary.
The term Secretary means the Secretary of Agriculture of the United
States Department of Agriculture 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. 1220.23 Soybeans.
The term Soybeans means all varieties of Glycine max or Glycine
soja.
Sec. 1220.24 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.
Procedures
Sec. 1220.30 General.
An opportunity to request a referendum shall be provided to U.S.
soybean producers to determine whether eligible producers favor the
conduct of a referendum and the Request for Referendum shall be carried
out in accordance with this subpart.
(a) The opportunity to request a referendum shall be provided at
the county FSA offices.
(b) If the Secretary determines, based on results of the Request
for Referendum, that no less than 10 percent (not in excess of one-
fifth of which may be producers in any one State) of all producers have
requested a referendum on the Order, a referendum would be held within
1 year of that determination.
(c) If the Secretary determines, based on the results of the
Request for Referendum, that the requirements in paragraph (b) of this
section were not met, a referendum would not be conducted.
(d) For purposes of paragraphs (b) and (c) of this section, the
Department would use the latest official numbers of U.S. soybean farms
as reported by the Department's National Agricultural Statistics
Service as the total number of producers.
Sec. 1220.31 Supervision of the process for requesting a referendum.
The Administrator, AMS shall be responsible for supervising the
process of permitting producers to request a referendum in accordance
with this subpart.
[[Page 47203]]
Sec. 1220.32 Eligibility.
(a) Eligible producers. Each person who was a producer during the
representative period is provided the opportunity to request a
referendum. Each producer entity is entitled to only one request.
(b) Proxy registration. Proxy registration is not authorized except
that 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
request a referendum on behalf of that entity. Any individual who
requests a referendum on behalf of any producer entity, shall certify
that he/she is authorized by such entity to take such action.
(c) 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 shall be entitled to make
only one request for a referendum; provided, however, that any
individual member of a group who is an eligible producer separate from
the group may request a referendum separately.
Sec. 1220.33 Time and place for requesting a referendum.
The opportunity to request a referendum shall be provided during a
four (4) week period beginning and ending on a date determined by the
Secretary. Eligible persons shall have the opportunity to request a
referendum by following the procedures in Sec. 1220.36 during the
normal business hours of each county FSA office.
Sec. 1220.34 Facilities
Each county FSA office shall provide adequate facilities and space
to permit producers to complete Form LS-51-1.
Sec. 1220.35 Certification and request form.
Form LS-51-1 shall be used to request a referendum and certify
producer eligibility. The form does not require a ``yes'' or ``no.''
Individual producers and representatives of other producer entities
should read the form carefully. By completing and signing the form, the
individual simultaneously registers, certifies eligibility and requests
that a referendum be conducted.
Sec. 1220.36 Certification and request procedure.
(a) To request that a referendum be conducted, each eligible
producer shall, during the Request for Referendum period, be provided
the opportunity to request a referendum during a specified period
announced by the Secretary, at the county FSA office where FSA
maintains and processes the producer's administrative farm records. For
the producer not participating in FSA programs, the opportunity to
request a referendum would be provided at the county FSA office serving
the county where the producer owns or rents land. Each eligible
producer shall be required to complete Form LS-51-1 in its entirety and
sign it. The producer must legibly print his/her name and, if
applicable, the producer entity represented, address, county, and
telephone number. The producer must read the certification statement on
Form LS-51-1 and sign it certifying that he/she or the producer entity
represented was a producer of soybeans during the representative period
and is requesting a referendum. Only a completed and signed Form LS-51-
1 shall be considered a valid request for a referendum.
(b) To request a referendum eligible producers may obtain Form LS-
51-1 in person; by mail; by telephone; or by facsimile during the
Request for Referendum period from the county FSA office where FSA
maintains and processes the producer's administrative farm records. For
the producer not participating in FSA programs, the opportunity to
request a referendum would be provided at the county FSA office serving
the county where the producer owns or rents land. Producers or producer
entities may return Form LS-51-1 in person, by mail or facsimile.
Form's LS-51-1 returned in person or by facsimile, must be received in
the appropriate county FSA office no later than the last business day
of the Request for Referendum period to be considered a valid request.
However, Form's LS-51-1 mailed to the county FSA office must be
postmarked no later than the last business day of the Request for
Referendum period and be received in the county FSA office no later
than ten business days after the last business day of the Request for
Referendum period to be considered a valid request for a referendum.
(c) Eligible participants who obtain form LS-51-1 in person at the
appropriate county office may complete, and return by hand the form the
same day.
Sec. 1220.37 List of producers requesting a referendum.
(a) The county FSA personnel shall enter on the ``List of Soybean
Producers Requesting a Referendum'' form (Form LS-51-2), the following
information for each returned Form LS-51-1: name of individual soybean
producer or other producer entity; name of producer entity
representative; postmarked date of a mailed Form LS-51-1 and the date
it was received in the county FSA office where FSA maintains and
processes the producer's administrative farm records or at the county
FSA office serving the county where the producer owns or rents land;
and the date Form LS-51-1 was received by facsimile or in person in the
county FSA office where FSA maintains and processes the producer's
administrative farm records or at the county FSA office serving the
county where the producer owns or rents land. For any challenges of a
producer's or producer entities' eligibility, the county FSA personnel
would make a ``check mark'' in the space provided on Form LS-51-2
indicating a producer's or producer entities' eligibility has been
challenged. After the challenge is resolved ``eligible'' or
``ineligible'' would be entered in the space provided on Form LS-51-2.
(b) County FSA offices shall, at all times, maintain control of the
master (original) copy of Forms LS-51-1 and LS-51-2. A copy of each
Form LS-51-2 shall be posted and made available for public inspection
each day beginning on the first business day of the Request for
Referendum period through the 11th business day following the last
business day of the Request for Referendum period. Form LS-51-2 shall
be posted in the county FSA office during normal business office hours
in a conspicuous location.
Sec. 1220.38 Challenge of eligibility.
(a) Who may challenge. Any person may challenge a producer's or
producer entity's eligibility to request a referendum. Each challenge
must be in writing; include the full name of the individual or other
producer entity being challenged; be made on a separate piece of paper;
and be signed by the challenger. The Secretary may issue other
guidelines as the Secretary deems necessary.
(b) Challenge period. A challenge of a person's eligibility to
request a referendum may be made on any business day during the 4-week
Request for Referendum period through the 11th business day after the
Request for Referendum period.
(c) Challenged names. Producers whose eligibility is challenged
shall be so noted with a ``checkmark'' in the space provided on Form
LS-51-2.
(d) Determination of challenges. The FSA County Committee (COC) or
designee, acting on behalf of the Administrator, AMS, shall make a
[[Page 47204]]
determination concerning the challenge and shall notify challenged
producers as soon as practicable, but no later than the 14th business
day after the end of the request for referendum period. If the COC or
designee is unable to determine whether a person was a producer during
the representative period, the COC or designee may require the person
challenged to submit records such as sales documents or similar
documents to verify producer status during the representative period.
(e) Appeal. A person declared to be ineligible by the COC or
designee, acting on behalf of the Administrator, AMS, may file an
appeal at the county FSA office within three business days after
notification by the county FSA office of its decision. Such person may
be required to provide documentation such as sales documents or similar
documents in order to demonstrate eligibility. An appeal shall be
determined by the COC or designee as soon as practicable, but in all
cases not later than the 18th business day after the last day of the
Request for Referendum period. The determination of the COC or designee
on an appeal shall be final.
(f) Resolved challenges. A challenge shall be determined to have
been resolved if the determination of the COC or designee, acting on
behalf of the Administrator, AMS, is not appealed within the time
allowed for appeal or there has been a determination by the COC or
designee after an appeal. After the challenge has been resolved, the
county FSA office shall write either ``eligible'' or ``ineligible'' in
the space provided on Form LS-51-2.
Sec. 1220.39 Canvassing.
Canvassing of Forms LS-51-1 and LS-51-2 shall take place as soon as
possible after the opening of county FSA offices on the 19th business
day following the Request for Referendum period. Such canvassing shall
be under the supervision of the CED or designee, acting on behalf of
the Administrator, AMS, who shall make a determination as to the number
of valid or invalid requests for a referendum.
(a) Invalid requests for a referendum. An invalid request for a
referendum may include the following:
(1) Form LS-51-1 is not signed and/or all required information has
not been provided;
(2) Form LS-51-1 returned in person or by facsimile was not
received by the last business day of the Request for Referendum period;
(3) Form LS-51-1 returned by mail was not postmarked by the last
business day of the Request for Referendum period;
(4) Form LS-51-1 returned by mail was not received in the county
FSA office by the 10th business day after the Request for Referendum
period;
(5) Form LS-51-1 is mutilated or marked in such a way that any
required information on the form is illegible; and/or
(6) From LS-51-1 not returned to the appropriate county FSA office.
(b) Any Form LS-51-1 determined invalid shall not be considered as
a request for a referendum.
Sec. 1220.40 Counting requests.
The requests for a referendum shall be counted by the COC or
designee on the 19th business day after the last business day of the
Request for Referendum period. Requests for a referendum shall be
counted as follows:
(a) Total number of producers registering to request a referendum;
(b) Number of eligible producers requesting a referendum;
(c) Number of challenged producers deemed ineligible;
(d) Number of challenged producers; and
(e) Number of invalid requests for a referendum.
Sec. 1220.41 Public review.
The public may witness the counting from an area designated by the
CED or designee, acting on behalf of the Administrator, AMS, but may
not interfere with the process.
Sec. 1220.42 FSA county office report.
The county FSA office report shall be certified as accurate and
complete by the CED or designee, acting on behalf of the Administrator,
AMS. Such report shall include, the information listed in Sec. 1220.39
and Sec. 1220.40. The county FSA office shall notify the FSA State
office of the results of the Request for Referendum on a form provided
by the Administrator, FSA. Each county FSA office shall transmit the
results in its county to the FSA State office. The results in each
county may be made available to the public upon notification by the
Administrator, FSA, that the final results have been released by the
Secretary. A copy of the report shall be posted for 30 days following
the date of notification by the Administrator, FSA, in the county FSA
office in a conspicuous place accessible to the public. One copy shall
be kept on file in the county FSA office for a period of at least 12
months after notification by FSA that the final results have been
released by the Secretary.
Sec. 1220.43 FSA State office report.
Each FSA State office shall transmit to the Administrator, FSA, a
report summarizing the data contained in each of the reports from the
county FSA office on a State report form provided by the Administrator,
FSA. The State FSA office shall maintain one copy of the summary where
it shall be available for public inspection upon request for a period
of not less that 12 months after the results have been released.
Sec. 1220.44 Reporting results.
(a) The Administrator, FSA, shall submit to the Administrator, AMS,
the reports from all State FSA offices. The Administrator, AMS, shall
tabulate the results of the Request for Referendum. The Department will
issue an official press release announcing the results of the Request
for Referendum and publish the same results in the Federal Register.
Subsequently, State reports and related papers shall be available for
public inspection upon request during normal business hours in the
Marketing Programs Branch office, Livestock and Seed Program, AMS,
USDA, Room 2606 South Agriculture Building, 14th and Independence
Avenue, SW., Washington, DC.
(b) If the Secretary deems necessary, a State report or county
report shall be reexamined and checked by such persons who may be
designated by the Secretary.
Sec. 1220.45 Disposition of records.
Forms LS-51-1 and LS-51-2 and county reports shall be placed in
sealed containers under the supervision of the CED or designee, acting
on behalf of the Administrator, AMS, and such container shall be marked
with ``Request for Soybean Referendum.'' Such records shall remain in
the secured custody of the CED or designee for a period of not less
than 12 months after the date of notification by the Administrator,
FSA, that the final results have been announced by the Secretary. If
the county FSA office receives no notice to the contrary from the
Administrator, FSA, by the end of the 12 month period, the CED or
designee shall destroy the records.
Sec. 1220.46 Instructions and forms.
The Administrator, AMS is hereby authorized to prescribe additional
instructions and forms not inconsistent with the provisions of this
subpart.
Dated: September 1, 1998.
Barrry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 98-23904 Filed 9-3-98; 8:45 am]
BILLING CODE 3410-02-P