[Federal Register: January 27, 2004 (Volume 69, Number 17)]
[Proposed Rules]
[Page 3854-3859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja04-12]
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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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[[Page 3854]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1220
[No. LS-03-09]
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 would amend the 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 changes are intended to improve the
operation of these procedures. The Act provides that the Department of
Agriculture (USDA), 5 years after the conduct of the initial referendum
and every 5 years thereafter, 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 USDA, 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. If at least 10
percent of U.S. soybean producers (not in excess of one-fifth of which
may be producers in any one State) support the conduct of a referendum,
a referendum must be conducted within 1 year of that determination.
DATES: Written comments must be received by February 17, 2004.
ADDRESSES: Send comments to Kenneth R. Payne, Chief; Marketing Programs
Branch; Livestock and Seed Program; Agricultural Marketing Service
(AMS), USDA, Room 2638-S; STOP 0251; 1400 Independence Avenue, SW.,
Washington, DC 20250-0251. Comments may also be sent electronically to
SoybeanComments@usda.gov or by facsimile at (202) 720-1125. All
comments should reference the docket number LS-03-09, the date, and the
page number of this issue of the Federal Register. Comments received
may be inspected at this location between 8 a.m. and 4:30 p.m., Monday
through Friday, except holidays, or via the Internet at http://www.ams.usda.gov/lsg/mpb/rp-soy.htm
.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing
Programs Branch on (202) 720-1115, fax (202) 720-1125, or by e-mail at
Kenneth.Payne@usda.gov or Phil Brockman, USDA, Farm Service Agency, on
(202) 690-8034, fax (202) 720-5900, or by e-mail on
Phil.Brockman@usda.gov.
Producers can determine the location of county FSA offices by
contacting (1) the nearest county FSA office, (2) the State FSA office,
or (3) through an online search of FSA's Web site at http://www.fsa.usda.gov/pas/default.asp.
From the options available on this
Web page select ``Your local office,'' click on your State, and click
on the map to select a county.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action.
Executive Orders 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposal is not intended to have a
retroactive effect. This proposed rule would not preempt any 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 section 1971 of the Act, a
person subject to the Order may file a petition with USDA stating that
the Order, any provision of the Order, or any obligation imposed in
connection with the Order, is not in accordance with the 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, USDA would rule on the petition. The Act
provides that the district courts of the United States in any district
in which such person is an inhabitant, or has their principal place of
business, has jurisdiction to review USDA's ruling on the petition, if
a complaint for this purpose is filed within 20 days after the date of
the entry of the ruling.
Further, section 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 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 referenda conducted
during specified periods by a State relating to the continuation or
termination of a QSSB or State soybean assessment.
Regulatory Flexibility Act
The Agricultural Marketing Service has determined that this
proposed rule will not have a significant impact on a substantial
number of small entities as defined by the Regulatory Flexibility Act
(RFA) (5 United States Code (U.S.C.) 601 et seq.). Participation in the
Request for Referendum is voluntary. Not all persons subject to the
Order are expected to participate. USDA personnel would determine
producer eligibility.
For the purposes of the Request for Referendum, the Secretary would
use the most recent number of soybean producers identified by USDA's
FSA. The latest number of soybean producers identified by FSA was
obtained by averaging the number of soybeans producers for crop years
2001 (597,151) and 2002 (573,825). Therefore, the
[[Page 3855]]
number of soybean producers who would be eligible to participate in the
Request for Referendum would be 585,488. The majority of producers
subject to the Order are small businesses under the criteria
established by the Small Business Administration (SBA) (13 CFR
121.201). SBA defines small agricultural producers as those having
annual receipts of less than $750,000 annually.
This proposed rule would revise the current procedures for soybean
producers to request a referendum on the Order. The proposed changes
affect a number of sections in subpart F of part 1220, and include
requiring documentation with form LS-51-1 to demonstrate that the
producer or producer entity paid soybean assessments. Other changes are
intended to improve the operation of the procedures. The procedures to
request a referendum on the Soybean Checkoff Program would permit all
eligible producers who have been engaged in the production of soybeans
or soybean products, during a representative period, to participate.
The information collection requirements, as discussed below, are
minimal. Requesting a form by mail, in-person, facsimile, or via the
Internet would not impose a significant economic burden on
participants. Accordingly, 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 1990 (44 U.S.C.
Chapter 35), the reporting and recordkeeping requirements included in 7
CFR part 1220 were previously approved by OMB and were assigned OMB
control number 0581-0093. The purpose of this proposed rule is to
provide soybean producers the opportunity to request a referendum on
the Order. The proposed changes would affect the information collection
requirements by requiring documentation to be provided with form LS-51-
1. However, providing the documentation will have no significant impact
on the approved per response burden for form LS-51-1.
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 1 percent
of the net market price of soybeans sold by producers. The final Order
establishing a Soybean Promotion, Research, and Consumer Information
program was published in the July 9, 1991, issue of the Federal
Register (56 FR 31043) and assessments began on September 1, 1991.
The Act required that an initial referendum be conducted no earlier
than 18 months and not 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.
On October 1, 1999, through November 16, 1999, a nationwide request for
a referendum on the Order was conducted to determine if there was
sufficient interest among soybean producers to vote on whether to
continue the Soybean Checkoff Program. If at least 10 percent of the
600,813 soybean producers nationwide (not in excess of one-fifth of
which may be producers in any one State) participated in the request
for referendum, a referendum would have been held. Only 17,970 eligible
soybean producers completed valid requests--far short of the 60,082
required to trigger a referendum.
For all such referendums, if the Secretary determines that at least
10 percent of 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, USDA determined
that they would use the most recent data of soybean producers
identified by USDA's FSA. The latest number of soybean producers
identified by FSA was 597,151 soybeans producers for crop year 2001 and
573,825 soybean producers for crop year 2002. The information for crop
years 2001 and 2002 are based on acreage reports compiled by FSA on a
daily basis. Using the last two crop years would help ensure that all
eligible producers were counted. Since some producers use soybeans in
rotation with other crops and do not plant soybeans every year or the
market for some producers in a particular crop year may not have been
conducive for growing soybeans, averaging two crop years would help
ensure that all eligible producers were counted.
In an effort to follow procedures similar to determining the number
of soybean producers for the Request for Referendum that was conducted
in 1999, USDA averaged the number of soybean producers for crop years
2001 and 2002, which averages 585,488 soybean producers. Therefore,
USDA has determined that the number of soybean producers who would be
eligible to participate in the Request for Referendum would be 585,488.
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. Further, producers would be required to provide
documentation, such as sales receipts, showing that an assessment was
paid during the representative period. USDA 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, 2001, to
December 31, 2003. The Act also provides that a Request for Referendum
may be made in person or by mail-in request at county
[[Page 3856]]
Cooperative Extension Service offices or county FSA offices. USDA
proposes that providing soybean producers an opportunity to request a
referendum at the county FSA office would give soybean producers the
greatest opportunity to request a referendum.
The proposed rule sets forth revised procedures for producers to
request a referendum as authorized under the Act, including
definitions, eligibility, certification and request procedures,
reporting results, and disposition of the forms and records. FSA 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.
The following are the proposed revisions to the Order, subpart F,
``Procedures to Request a Referendum.'' We believe that publishing the
entire subpart F of the Order would be easier for commenters to review
than only publishing the parts that were revised.
Sections 1220.600 through 1220.615 are revised by removing the
phrase ``the term'' from all of the definitions. In addition, the
definition for ``Department'' was deleted; however, it is defined in
subpart A, which applies to all subparts of the Order. Definitions for
``Farm Service Agency State Committee'' and ``Farm Service Agency State
Executive Director'' were also added.
Section 1220.616, the number of soybean producers was revised from
600,813 to 585,488.
Section 1220.618, ``Eligibility,'' is revised by requesting
producers to provide evidence that they or the producer entity that
they represent has paid the soybean assessment during the
representative period.
Section 1220.619, ``Time and place for requesting a referendum,''
added two paragraphs to assist persons in locating FSA county offices
and determining which FSA county office to vote.
Section 1220.620, ``Facilities,'' explains the type of facilities
that FSA is to provide to persons voting in the request for referendum.
Section 1220.622, ``Certification and request procedures,''
clarified the procedures in requesting a referendum in terms of
completing form LS-51-1, providing documentation that the soybean
assessment was paid during the representative period, how to obtain
forms by mail, facsimile, or via the Internet, and how to return the
form and documentation.
Current procedures provide that FSA county offices list and post
the names of producers that request a referendum. Any person could
challenge a producer or producer entity's eligibility. Instead, USDA is
proposing that producers and producer entities provide documentation
that they paid the soybean assessment when they complete form LS-51-1.
FSA will then determine whether the producer is eligible, based on the
documentation submitted by the producer or producer entity. If FSA
cannot determine the person's eligibility or if the person failed to
submit the documentation, then FSA shall notify ineligible persons in
writing. Persons declared ineligible by FSA have the opportunity to
provide additional documentation and will then be notified by FSA of
their eligibility.
Section 1220.623, ``Canvassing requests,'' explains that county FSA
offices are to start canvassing form LS-51-1 on the 5th business day
following the Request for Referendum period. It also explains who and
how the canvassing is to be conducted.
Section 1220.624, ``Confidentiality,'' was added to not divulge
names of persons requesting a referendum.
The remainder of the proposed Request for Referendum procedures is
similar to the 1999 Request for Referendum procedures, as well as,
counting and reporting the results from FSA county offices to FSA State
offices to the FSA Administrator to the AMS Administrator, and
ultimately announcing the results in a press release and in the Federal
Register.
A 20-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 additional referenda on the Order. A 20-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
title 7, part 1220 be amended as follows:
PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
1. The authority citation for 7 CFR part 1220 continues to read as
follows:
Authority: 7 U.S.C. 6301-6311.
2. Subpart F is revised to read as follows:
Subpart F--Procedures To Request a Referendum
Definitions
Sec.
1220.600 Act.
1220.601 Administrator, AMS.
1220.602 Administrator, FSA.
1220.603 Farm Service Agency.
1220.604 Farm Service Agency County Committee.
1220.605 Farm Service Agency County Executive Director.
1220.606 Farm Service Agency State Committee.
1220.607 Farm Service Agency State Executive Director.
1220.608 Order.
1220.609 Person.
1220.610 Producer.
1220.611 Public notice.
1220.612 Representative period.
1220.613 Secretary.
1220.614 Soybeans.
1220.615 State and United States.
Procedures
1220.616 General.
1220.617 Supervision of the process for requesting a referendum.
1220.618 Eligibility.
1220.619 Time and place for requesting a referendum.
1220.620 Facilities.
1220.621 Certifications and request form.
1220.622 Certification and request procedures.
1220.623 Canvassing requests.
1220.624 Confidentiality.
1220.625 Counting requests.
1220.626 FSA county office report.
1220.627 FSA State office report.
1220.628 Results of the request for referendum.
1220.629 Disposition of records.
1220.630 Instructions and forms.
Subpart F--Procedures To Request a Referendum
Definitions
Sec. 1220.600 Act.
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. 1220.601 Administrator, AMS.
Administrator, AMS, means the Administrator of the Agricultural
Marketing Service, or any officer or employee of USDA to whom there has
been delegated or may be delegated the authority to act in the
Administrator's stead.
[[Page 3857]]
Sec. 1220.602 Administrator, FSA.
Administrator, FSA, means the Administrator, of the Farm Service
Agency, or any officer or employee of USDA to whom there has been
delegated or may be delegated the authority to act in the
Administrator's stead.
Sec. 1220.603 Farm Service Agency.
Farm Service Agency also referred to as ``FSA'' means the Farm
Service Agency of USDA.
Sec. 1220.604 Farm Service Agency County Committee.
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. 1220.605 Farm Service Agency County Executive Director.
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. 1220.606 Farm Service Agency State Committee.
Farm Service Agency State Committee, also referred to as ``FSA
State Committee,'' means the group of persons within a State who are
appointed by the Secretary to act as the Farm Service Agency State
Committee.
Sec. 1220.607 Farm Service Agency State Executive Director.
Farm Service Agency State Executive Director, also referred to as
``SED,'' means the person employed by the FSA State Committee to
execute the policies of the FSA State Committee and to be responsible
for the day-to-day operation of the FSA State office, or the person
acting in such capacity.
Sec. 1220.608 Order.
Order means the Soybean Promotion and Research Order.
Sec. 1220.609 Person.
Person means any individual, group of individuals, partnership,
corporation, association, cooperative, or any other legal entity.
Sec. 1220.610 Producer.
Producer means any person engaged in the growing of soybeans in the
United States who owns or who shares the ownership and risk of loss of
such soybeans.
Sec. 1220.611 Public notice.
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, location for
conducting the Request for Referendum, and eligibility requirements.
Additionally, the United Soybean Board is required to provide
producers, in writing, this 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 newsletters, and the like.
Sec. 1220.612 Representative period.
Representative period means the period designated by the Secretary
pursuant to section 1970 of the Act.
Sec. 1220.613 Secretary.
Secretary means the Secretary of Agriculture of the United States
Department of Agriculture (USDA) or any other officer or employee of
USDA to whom there has been delegated or to whom there may be delegated
the authority to act in the Secretary's stead.
Sec. 1220.614 Soybeans.
Soybeans means all varieties of glycine max or glycine soja.
Sec. 1220.615 State and United States.
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. 1220.616 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
number of soybean producers in the United States is determined to be
585,488.
Sec. 1220.617 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.
Sec. 1220.618 Eligibility.
(a) Eligible producers. Each person who was a producer and provides
evidence that they or the producer entity they represent has paid an
assessment on soybeans 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 or 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. 1220.619 Time and place for requesting a referendum.
(a) The opportunity to request a referendum shall be provided
during a 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. 1220.622
[[Page 3858]]
during the normal business hours of each county FSA office.
(b) Producers can determine the location of county FSA offices by
contacting the nearest county FSA office, the State FSA office or
through an online search of FSA's Web site at http://www.fsa.usda.gov/pas/default.asp
.
(c) Each eligible person shall vote in the county FSA office where
FSA maintains and processes the producer's, corporation's, or other
entities administrative farm records. For the producer, corporation, or
other entity 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, corporation, or other legal entity owns
or rents land. An individual or authorized representative of a
corporation who grows soybeans in more than one county would request a
referendum in the county FSA office where the individual or corporation
or other entity does most of its business.
Sec. 1220.620 Facilities.
Each county FSA office will provide:
(a) A polling place that is well known and readily accessible to
producers in the county and that is equipped and arranged so that each
person can complete and submit their request in secret without
coercion, duress, or interference of any sort whatsoever, and
(b) A holding container of sufficient size so arranged that no
request can be read or removed without breaking seals on the container.
Sec. 1220.621 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''
vote. Individual producers and representatives of other producer
entities should read the form carefully. By completing and signing the
form, the individual simultaneously certifies eligibility and requests
that a referendum be conducted.
Sec. 1220.622 Certification and request procedures.
(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.
(1) 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:
(i) The person or the producer entity they represent was a producer
of soybeans during the representative period;
(ii) The individual requesting a referendum on behalf of a
corporation or other entity is authorized to do so; and
(iii) The individual has submitted only one request for a
referendum unless they are also an authorized representative for
another eligible corporation or other entity.
(2) The producer, corporation, or other entity must also provide
documentation, such as a sales receipt, showing that the producer,
corporation, or other entity has paid assessments on soybeans during
the representative period.
(3) Only a completed and signed form LS-51-1 accompanied by
documentation showing that soybean assessments were paid during the
representative period 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, or by facsimile during the request for
referendum period from the county FSA office where FSA maintains and
processes the producer's, corporation's, or other entity's
administrative farm records. For the producer, corporation, or other
entity 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, corporation, or other entity owns or rents
land. Eligible producers may also obtain form LS-51-1 via the Internet
at http://www.ams.usda.gov/lsg/mpb/rp-soy.htm. For those persons who
chose to obtain form LS-51-1 via the Internet, the completed form and
required documentation must be submitted to the county FSA office where
FSA maintains and process the producer's, corporation's, or other
entity's administrative farm records. For producer, corporation, or
other entity 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, corporation, or other entity owns or
rents land.
(c) Producers or producer entities may return form LS-51-1 and the
accompanying documentation in-person, by mail, or facsimile as provided
in paragraph (a) of this section. Form LS-51-1 returned in-person or by
facsimile, must be received in the appropriate county FSA office prior
to the close of the work day on the final day of the Request for
Referendum period to be considered a valid request. Forms LS-51-1 and
the accompanying documentation returned by mail must be postmarked no
later than midnight of the final day of the Request for Referendum
period and must be received in the county FSA office prior to the start
of canvassing the ballots.
(d) Producers who obtain form LS-51-1 in-person at the appropriate
FSA county office may complete and return the form the same day,
accompanied by documentation, such as a sales receipt, showing that
soybean assessments were paid during the representative period.
Sec. 1220.623 Canvassing requests.
(a) Canvassing of form LS-51-1 shall take place at the opening of
county FSA offices on the 5th business day following the Request for
Referendum period. Such canvassing, acting on behalf of the
Administrator, AMS, shall be in the presence of at least two members of
the county committee. If two or more of the counties have been combined
and are served by one county office, the canvassing of the requests
shall be conducted by at least one member of the county committee from
each county served by the county office. The FSA State committee or the
State Executive Director if authorized by the State Committee, may
designate the County Executive Director (CED) and a county or State FSA
office employee to canvass the requests and report the results instead
of two members of the county committee when it is determined that the
number of eligible voters is so limited that having two members of the
county committee present for this function is impractical, and
designate the CED and/or another county or State FSA office employee to
canvass requests in any emergency situation precluding at least two
members of the county committee from being present to carry out the
functions required in this section.
(b) The request for referendum should be canvassed as follows:
(1) Number of eligible requests for a referendum. Each person who
was a producer during the representative period and provides
documentation to prove that they are a producer will be considered
eligible to request a referendum.
(2) Number of ineligible requests for a referendum. If FSA cannot
determine that a producer is eligible based on the submitted
documentation or if the producer fails to submit the required
documentation, the producer shall be determined to be ineligible. FSA
shall notify ineligible producers in writing as soon as practicable but
no later than the
[[Page 3859]]
8th business day following the final day of the Request for Referendum
period.
(c) Appeal. A person declared to be ineligible by FSA can appeal
such decision and provide additional documentation to the FSA county
office within 5 business days after the postmark date of the letter of
notification of ineligibility. FSA will then make a final decision on
the producer's eligibility and notify the producer of the decision.
(d) Number of valid requests for referendum. A person has been
declared eligible and has provided and completed all of the required
information on form LS-51-1.
(e) Number of invalid request for a referendum. An invalid request
for referendum includes, but is not limited to the following:
(1) Form LS-51-1 is not signed 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 midnight of
the final day of the Request for Referendum period;
(4) Form LS-51-1 returned by mail was not received in the county
FSA office prior to canvassing of the ballots;
(5) Form LS-51-1 is mutilated or marked in such a way that any
required information on the form is illegible; or
(6) Form LS-51-1 not returned to the appropriate county FSA office.
Sec. 1220.624 Confidentiality.
The names of persons requesting a referendum shall be confidential
and may not be divulged except as the Secretary may direct.
Sec. 1220.625 Counting requests.
(a) The requests for a referendum shall be counted by county FSA
offices on the same day as the requests are canvassed if there are no
ineligibility determinations to resolve. For those county FSA offices
that do have ineligibility determinations, the requests shall be
counted no later than the 14th business day following the final day of
the Request for Referendum period.
(b) Requests for a referendum shall be counted as follows:
(1) Total number of producers who returned a Request for Referendum
form LS-51-1;
(2) Number of ineligible producers requesting a referendum;
(3) Number of eligible producers requesting a referendum;
(4) Number of valid requests for a referendum; and
(5) Number of invalid requests for a referendum.
Sec. 1220.626 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, as soon as may be reasonably possible, but in no event later than
18th business day following the final day of the specified period, have
prepared and certified the county summary of requests 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. 1220.627 FSA State office report.
Each FSA State office shall transmit to the Administrator, FSA, as
soon as possible, but in no event later than the 20th business day
following the final day of the Request for Referendum period, a report
summarizing the data contained in each of the reports from the county
FSA offices. One copy of the State summary shall be filed for a period
of not less than 12 months after the results have been released and
available for public inspection after the results have been released.
Sec. 1220.628 Results of the request for referendum.
(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. USDA will issue an
official press release announcing the results of the Request for
Referendum and publish the same results in the Federal Register. In
addition, USDA will post the official results at the following Web
site: http://www.ams.usda.gov/lsg/mpb/rp-soy.htm. 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 2638-South,
STOP 0251, 1400 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. 1220.629 Disposition of records.
Each FSA CED will place in sealed containers marked with the
identification of the ``Request for Soybean Referendum,'' all of the
form LS-51-1's along with the accompanying documentation and county
summaries. Such records will be placed in a secure location under the
custody of the FSA CED 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 as described above, the CED or designee
shall destroy the records.
Sec. 1220.630 Instructions and forms.
The Administrator, AMS, is authorized to prescribe additional
instructions and forms not inconsistent with the provisions of this
subpart.
Dated: January 21, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-1602 Filed 1-26-04; 8:45 am]
BILLING CODE 3410-02-P