[Federal Register: March 23, 2004 (Volume 69, Number 56)]
[Rules and Regulations]
[Page 13458-13465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr04-2]
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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: Final rule.
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SUMMARY: This rule will 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.
EFFECTIVE DATE: March 24, 2004.
FOR FURTHER INFORMATION CONTACT: 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; telephone 202/720-1115, fax 202/720-
1125, or by e-mail at Kenneth.Payne@usda.gov or Phil Brockman, USDA,
Farm Service Agency (FSA), DAFO, STOP 0542, 1400 Independence Avenue,
SW., Washington, DC 20250-0542; telephone 202/690-8034, fax 202/720-
5900, or by e-mail at Phil.Brockman@usda.gov.
[[Page 13459]]
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 Order 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This final rule is not intended to have a
retroactive effect. This final rule will 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 Sec. 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, 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 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
AMS has determined that this final 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 will determine producer eligibility.
For the purposes of the Request for Referendum, the Secretary will
use the most recent number of soybean producers identified by USDA's
FSA. At the time the proposed rule was published in the Federal
Register (69 FR 3854) on January 27, 2004, the latest number of soybean
producers identified by FSA was for years 2001 (587,151) and 2002
(573,825). The proposed rule contemplated averaging these two numbers
to arrive at the total number of producers or baseline number that
would be used to determine whether the requisite number of producers'
desire a referendum. However, as a result of comments received by
various organizations, and further discussions with FSA, AMS has
determined that the number of producers should be determined by using
FSA's data for 2002 and 2003. And rather than using a simple average of
the 2 years, the total number will be calculated by combining the
producers for both years and exclude duplication by only counting a
producer once if that producer was engaged in the production of
soybeans in both years. The total number of soybean producers that will
be used as a baseline in the Request for Referendum will be changed
from 585,488 to 663,880. 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 final rule amends the current procedures for soybean producers
to request a referendum on the Order. The changes were discussed in the
proposed rule. Those changes affected 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. These changes are intended to improve the operation of the
procedures. The procedures to request a referendum on the Soybean
Checkoff Program will permit participation by each person who was a
producer and provides evidence that they or the producer entity they
represent paid an assessment on soybeans during the representative
period. USDA has determined that the representative period will be
January 1, 2002, through December 31, 2003.
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 final rule will not have a significant economic impact on a
substantial number of small business entities. No comments were
received regarding the RFA.
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 final rule is to provide
soybean producers the opportunity to request a referendum on the Order.
These changes will affect the information collection requirements by
requiring documentation that shows an assessment was paid during the
representative period 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. No comments were received regarding
the information collection section.
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
[[Page 13460]]
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) had 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 will 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. At the time the proposed rule was published
in the Federal Register (69 FR 3854) on January 27, 2004, the most
recent numbers of soybean producers identified by FSA was 597,151 for
2001 and 573,825 for 2002. However, as a result of comments received
from various organizations and further discussions with FSA, AMS has
determined that data is available for 2003 and should be used in lieu
of 2001 as proposed. The information for years 2002 and 2003 is based
on acreage reports compiled by FSA and using the data from the last two
crop years collected will help ensure that all eligible producers are
counted. After further review and discussions with FSA, it was
determined that the initial baseline proposed by USDA might not include
all producers who were engaged in the production of soybeans and would
not accurately reflect the universe of soybeans producers for the 2-
year period. For example, if Producer A grew soybeans on farm 1 in 2002
and producer B grew soybeans on farm 1 in 2003, under the proposed
rule, the average number of producers for the 2 years equals one. Thus,
the baseline would be ``one.'' Based on this conclusion and the purpose
of the Request for Referendum, both producers could participate and
should be included in the universe or baseline. Therefore, USDA will
calculate the total number of soybean producers by using FSA's data for
2002 and 2003 and will sort the data in such a manner as to include all
producers that were engaged in the production of soybeans in at least
one of the 2 years and will avoid counting a producer more than once if
that producer engaged in the production of soybeans in both years.
Using this method, USDA has determined that the number of producers for
the purposes of this Request for Referendum equals 663,880.
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 a
producer, paid an assessment during the representative period (January
1, 2002, through December 31, 2003), and indicate that they favor the
conduct of a referendum. Further, producers will be required to provide
documentation, such as sales receipts, showing that an assessment was
paid during the representative period at the time a request for a
referendum is made. The Request for Referendum period will be held
during a 4-week period announced by the Secretary. 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. USDA has determined that the Request for Referendum
will be held at the county FSA offices because it will give soybean
producers the greatest opportunity to request a referendum.
This final rule sets forth the amended procedures as discussed in
the proposed rule 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 will 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.
Comments
On January 27, 2004, USDA published in the Federal Register (69 FR
3854) a proposed rule to amend the procedures for soybean producers to
request a referendum on the Order. The proposed rule provided soybean
producers the opportunity to submit comments on the procedures and
permit soybean producers the opportunity to request an additional
referendum on the Order. The comment period ended February 17, 2004.
USDA received two comments, one from the Chief Executive Officer of
the United Soybean Board (Board) and another from an interested person,
in a timely manner. In addition, one late comment was received. This
comment generally reflected the views of the Board's comment. The two
comments have been posted on AMS' Web site at http://www.ams.usda.gov/lsg/mpb/rp-soy.htm.
The changes suggested by commenters are discussed
below. Also, USDA has made other miscellaneous changes for the purpose
of clarity and accuracy. Those changes are discussed below. For the
readers' convenience the discussion of comments is organized by the
topic heading.
Discussion of Comments
One commenter who did not support the Soybean Checkoff Program did
not think the taxpayers of the United States should have to pay the
costs of a referendum more frequently than once every 10 years.
Furthermore, the commenter felt that if soybean farmers wanted more
frequent referendums, then they should pay for all costs associated
with the conduct and administration of such a referendum. The Act and
Order provide that USDA, 5 years after the conduct of the initial
[[Page 13461]]
referendum and every 5 years thereafter, will give soybean producers
the opportunity to request additional referendum. Furthermore, in
accordance with the provisions of the Act many of the costs of the
Request for Referendum or subsequent referendum are paid by soybean
producers through assessments collected under the Soybean Checkoff
Program. Consequently, this comment is not adopted.
Section 1220.616 General
One commenter submitted a comment regarding the methodology used by
USDA in establishing the baseline or universe of producers that would
be used to determine if 10 percent of the producers desire a
referendum. The commenter contended that the method used to determine
the number of soybean producers is an anomalous result. For example,
597,151 producers who grew soybeans during 2001 crop year can request a
referendum. By averaging the two crop years (597,151 producers in 2001
and the 573,825 producers in 2002), only 58,548 or 9.8 percent of the
597,151 producers eligible to vote as a result of the 2001 crop year
determination would be required for a referendum to be held. The
commenters contend this methodology inappropriately lowers the
statutory threshold below 10 percent.
Upon further review, it was determined that the initial baseline
proposed by USDA might not include all producers who were engaged in
the growing of soybeans and would not accurately reflect the universe
of soybeans producers for the 2-year period. For example, if Producer A
grew soybeans on farm 1 in 2002 and producer B grew soybeans on farm 1
in 2003, under the proposed rule, the average number of producers for
the 2 years equals one. Thus, the baseline would be ``one.'' However,
under the Request for Referendum, both producers could participate and
should be included in the universe or baseline. As previously
discussed, FSA maintains a list of soybean producers that report farm
crop acreages and producer crop shares. FSA has the ability to identify
all producers that were engaged in growing soybeans for years 2002-
2003. Further, FSA has the ability to count the number of producers
that produced soybeans in any one of the 2 years and exclude duplicate
counting. This comment has merit. After further review, USDA has
determined that the number of producers eligible to participate in the
Request for Referendum is 663,880. Thus, if 10 percent or 66,388
producers request a referendum, the referendum will be conducted within
1 year after the results are announced. Section 1220.616(d) will be
revised to include 663,880 as the total number of producers eligible to
participate in the Request for Referendum.
Also, the commenter questioned a statement in the proposed rule's
supplementary information section that indicated that averaging the
number of soybean producers for crop years 2001 and 2002 was done in an
effort to follow procedures similar to the 1999 Request for Referendum.
The commenter noted that there are differences between the two. This
statement was intended to merely reflect the use of more than 1 year to
capture the most accurate number of producers possible. As such no
change is necessary.
Section 1220.618 Eligibility
One commenter suggested that each person who requests a referendum
must be required to show that the producer paid an assessment during
the representative period. This comment has merit and is consistent
with USDA's proposal. No change is needed. This rule requires any
person who wants to request a referendum to provide documentation at
the time a request is made that shows an assessment was been paid
between January 1, 2002, through December 31, 2003, to be eligible to
request a referendum.
Section 1220.619 Time and Place for Requesting a Referendum
One commenter supported USDA's proposal that eligible producers
must participate in the county FSA office that maintains the producers'
administrative farm records are appropriate. This comment has merit and
is consistent with USDA's proposal for the Request for Referendum. No
change is needed.
However, under Sec. 1220.619(c), USDA removed the word ``vote''
and replaced it with the words ``request for referendum.'' The Request
for Referendum does not require a ``yes'' or ``no'' vote.
Section 1220.622 Certification and Request Procedures
Under Sec. 1220.622(c), the phrase ``* * * as provided in
paragraph (a) of this section'' has been removed and replaced with ``*
* * to the appropriate county FSA office'' to provide more clarity.
Also, for clarity, under (c), the term ``the ballots'' and been removed
and replaced with ``Form 51-1.''
Section 1220.623 Canvassing Requests
Under Sec. 1220.623(b)(1), the phrase ``* * * are a producer'' has
been deleted and replaced with ``* * * paid an assessment'.'' This
correction clarifies that an assessment must have been paid during the
representative period to request a referendum.
Under Sec. 1220.623(e), the words ``and supporting documentation''
has been added after ``Form LS-51-1 under subsections (e)(2), (e)(3),
(e)(4), and (e)(6).'' The words ``* * * or supporting documentation''
has been added after the words ``Form LS-51-1 under subsection
(e)(5).'' These additions clarify that supporting documentation must be
submitted with form LS-51-1.
Pursuant to 5 U.S.C. 553, it is found and determined that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register. This action
establishes the final rule, which provides soybean producers the
opportunity to request a referendum on the Order. By establishing this
final rule in a timely manner, USDA will be able to begin the Request
for Referendum no later than May 2004.
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.
0
For the reasons set forth in the preamble, title 7, part 1220 is
amended as follows:
PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
0
1. The authority citation for 7 CFR part 1220 continues to read as
follows:
Authority: 7 U.S.C. 6301-6311.
0
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.
[[Page 13462]]
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 Certification 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.
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 will 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 are not met, a referendum will 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
663,880.
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.
[[Page 13463]]
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 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 request a referendum 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 an assessment 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 to the
appropriate county FSA office. 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. Form 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 Form LS 51-1.
(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
[[Page 13464]]
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 paid an assessment 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 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 requests 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 and supporting documentation 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 and supporting documentation returned by mail was
not postmarked by midnight of the final day of the Request for
Referendum period;
(4) Form LS-51-1 and supporting documentation returned by mail was
not received in the county FSA office prior to canvassing of the
ballots;
(5) Form LS-51-1 or supporting documentation is mutilated or marked
in such a way that any required information on the form is illegible;
or
(6) Form LS-51-1 and supporting documentation 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-S, 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
[[Page 13465]]
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: March 18, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-6519 Filed 3-19-04; 9:54 am]
BILLING CODE 3410-02-P