[Federal Register: March 4, 2009 (Volume 74, Number 41)]
[Notices]
[Page 9382-9383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr09-17]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
[[Page 9382]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-LS-09-0008]
Soybean Promotion, Research, and Information Program: Opportunity
To Request a Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) announces that
soybean producers may request a referendum to determine if producers
want a referendum on the Soybean Promotion and Research Order (Order),
as authorized under the Soybean Promotion, Research, and Consumer
Information Act (Act). If at least 10 percent (not in excess of one-
fifth of which may be producers in any one State) of the 589,182
eligible producers, as determined by the Department of Agriculture
(USDA), participate in the Request for Referendum, a referendum will be
held within 1 year from that determination. If results of the Request
for Referendum indicate that a referendum is not supported, a
referendum would not be conducted. The results of the Request for
Referendum will be published in a Notice in the Federal Register.
DATES: Soybean producers may request a referendum during a 4-week
period beginning on May 4, 2009, and ending May 29, 2009. To be
eligible to participate in the Request for Referendum, producers must
certify that they or the producer entity they are authorized to
represent paid an assessment at any time between January 1, 2007, and
December 31, 2008.
Form LS-51-1, Soybean Promotion and Research Order Request for
Referendum, may be obtained by mail, fax, or in person from the Farm
Service Agency (FSA) county offices from May 4, 2009 to May 29, 2009.
Form LS-51-1 may also be obtained via the Internet at http://
www.ams.usda.gov/lsmarketingprograms during the same time period.
Completed forms and supporting documentation must be returned to the
appropriate county FSA office by fax or in person no later than close
of business May 29, 2009; or if returned by mail, must be postmarked by
midnight May 29, 2009, and received in the county FSA office by close
of business on June 5, 2009.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing
Programs Branch, Livestock and Seed Program, AMS, USDA, Room 2628-S,
STOP 0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251;
Telephone 202/720-1115; Fax 202/720-1125; or e-mail to
Kenneth.Payne@ams.usda.gov or Rick Pinkston, Field Operations Staff,
FSA, USDA, at Telephone 202/720-1857, Fax 202/720-1096, or by e-mail at
Rick.Pinkston@wdc.usda.gov.
SUPPLEMENTARY INFORMATION: In accordance with the Act (7 U.S.C. 6301-
6311), this Notice announces the dates when the Request for Referendum
will be conducted and the place where soybean producers may request a
referendum on the Order. The Act provides that the Secretary, 5 years
after the conduct of the initial referendum and every 5 years
thereafter, shall give soybean producers an opportunity to request a
referendum on the Order. The initial referendum was held in February
1994 and the results were announced on April 1, 1994. During the
initial referendum, 85,606 valid ballots were cast, with 46,060 (53.8
percent) 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 most recent opportunity for producers to request a referendum
on the Order was in May 2004. During that period, 3,206 producers
completed valid requests--short of the 66,388 required to trigger a
referendum. On July 13, 2004, the USDA announced the results of the
Request for Referendum and that the requisite number of producers had
not requested that a referendum be conducted.
On March 23, 2004, USDA published in the Federal Register a final
rule (69 FR 13458) that set forth procedures for conducting a Request
for Referendum. This rule amended the procedures for soybean producers
to request a referendum on the Order, including definitions, provisions
for supervising the process for requesting a referendum, eligibility,
certification procedures for requesting the required form, where the
Request for Referendum will be conducted, counting and reporting
results, and disposition of the forms and records. These procedures
will apply to this Request for Referendum period and can be found in
the regulations, available at http://www.ams.usda.gov/
lsmarketingprograms or by contacting our office at the address listed
above. Since the Request for Referendum will be conducted at the county
FSA offices, FSA employees will assist AMS by confirming eligibility,
counting requests, and reporting results.
Individual producers and other producer entities will be provided
the opportunity to request a referendum 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 will be provided at the county FSA officer serving
the county where the producer owns or rents land.
Eligibility
To be eligible to participate, producers must certify that they or
the entity they are authorized to represent paid an assessment at some
time between January 1, 2007, and December 31, 2008. They must complete
form LS 51-1, Soybean Promotion and Research Order Request for
Referendum, in person, by mail, or by facsimile from May 4, 2009,
through May 29, 2009. Individual producers and other producer entities
would request a referendum at 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. Form LS 51-1 may also be obtained via the Internet at http://
www.ams.usda.gov/lsmarketingprograms. If obtained by the Internet, Form
LS 51-1 must be completed and returned with the
[[Page 9383]]
supporting documentation to 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.
Form LS 51-1 and accompanying documentation may be returned in
person, by mail, or facsimile to the appropriate county FSA office.
Forms returned in person or by facsimile must be received in the
appropriate county office prior to the close of business on May 29,
2009. If returned by mail, Form LS 51-1 and accompanying documentation
must be postmarked no later than midnight of May 29, 2009, and received
in the county FSA office by close of business on June 5, 2009.
The purpose of the Request for Referendum is to determine whether
eligible producers favor the conduct of a referendum on the Order.
Participation in the Request for Referendum is not mandatory. Producers
should participate only if they wish to request a referendum on the
program.
In accordance with the Paperwork Reduction Act of 1995 [44 U.S.C.
3501 et seq.], the information collection requirements made in
connection with the Request for Referendum have been approved by the
Office of Management and Budget (OMB) and assigned OMB control number
0581-0093.
Authority: 7 U.S.C. 6301-6311.
Dated: February 26, 2009.
Robert C. Keeney,
Acting Associate Administrator, Agricultural Marketing Service.
[FR Doc. E9-4592 Filed 3-3-09; 8:45 am]
BILLING CODE 3410-02-P