Cotton Research and Promotion Program: Referendum Procedures, 51069-51073 [E9-23831]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Rules and Regulations]
[Pages 51069-51073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23831]



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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules 
and Regulations

[[Page 51069]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1205

[Doc. AMS-CN-09-0027; CN-08-003]


Cotton Research and Promotion Program: Referendum Procedures

AGENCY: Agricultural Marketing Service.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule establishes procedures which the Department of 
Agriculture (USDA) will use in conducting a referendum considering 
amendments to the Cotton Research and Promotion Order (7 CFR part 1205) 
(Order) implementing section 14202 of the Food, Conservation, and 
Energy Act of 2008, hereinafter the ``2008 Farm Bill.'' USDA is 
considering amendments to the Order in a separate action. Referenda 
among cotton producers and cotton importers are required by the Cotton 
Research and Promotion Act (Act) to implement, amend, continue, or when 
appropriate to suspend or terminate the Order or any of its provisions. 
The provisions of this rule would be used for all such referenda.

DATES: Effective Date: October 6, 2009.

FOR FURTHER INFORMATION CONTACT: Shethir M. Riva, Chief, Research and 
Promotion Staff, Cotton and Tobacco Programs, AMS, USDA, Stop 0224, 
1400 Independence Ave., SW., Room 2637-S, Washington, DC 20250-0224, 
telephone (202) 720-6603, facsimile (202) 690-1718, or e-mail at 
shethir.riva@ams.usda.gov. A copy of this final rule may also be found 
at: https://www.regulations.gov.

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. It is not intended to have retroactive effect. 
This final 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 12 of 
the Act, any person subject to an order may file with the Secretary of 
Agriculture (Secretary) a petition stating that the order, any 
provision of the plan, or any obligation imposed in connection with the 
order is not in accordance with law and requesting a modification of 
the order or to be exempted therefrom. Such person is afforded the 
opportunity for a hearing on the petition. After the hearing, the 
Secretary would rule on the petition. The Act provides that the 
District Court of the United States in any district in which the person 
is an inhabitant, or has his principal place of business, has 
jurisdiction to review the Secretary's ruling, provided a complaint is 
filed within 20 days from the date of the entry of ruling.

Regulatory Flexibility Act and Paperwork Reduction Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) [5 U.S.C. 601-612], the Agricultural Marketing Service 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 entities. There are currently 
approximately 18,000 producers, and approximately 16,000 importers that 
are subject to the order. In 13 CFR part 121, the Small Business 
Administration (SBA) defines small agricultural producers as those 
having annual receipts of no more than $750,000 and small agricultural 
service firms (handlers) as those having annual receipts of no more 
than $7.0 million. The majority of these producers and importers are 
small businesses under the criteria established by the SBA.
    This final rule establishes the procedures under which cotton 
producers and importers vote on whether to implement, amend, continue, 
or when appropriate to suspend or terminate the Order or any of its 
provisions. This rule would add a new subpart and establish procedures 
for all such referenda. The subpart covers definitions, voting, 
instructions, ballots, the referendum report, and confidentiality of 
information.
    USDA will keep cotton producers and importers who are eligible to 
vote informed throughout the referendum process to ensure that they are 
aware of and are able to participate. USDA will also publicize 
information regarding the referendum process so that trade associations 
and related industry media can be kept informed.
    Voting in a referendum is optional; however, if cotton producers 
and importers choose to vote, the burden of voting is minimal and 
necessary to determine whether or not they favor the action to be taken 
with regards to the Order or any of its provisions.
    In accordance with the Office of Management and Budget (OMB) 
regulation 5 CFR part 1320 that implements the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) the information 
collection requirements concerning procedures to conduct referenda in 
connection with the Cotton Research and Promotion Order has been 
previously approved by OMB and assigned OMB Control Number 0581-0093.
    USDA considered electronic voting, but the use of computers is not 
universal. Conducting the referendum from Farm Service Agency county 
offices and the USDA, Washington, DC office would be more cost-
effective and reliable.

Background

    The Act established a national cotton research and promotion 
program--administered by the Board--that is financed through cotton 
producer and cotton importer industry assessments and subject to 
oversight by AMS. This program of promotion, research, and consumer 
information is designed to strengthen the position of cotton in the 
marketplace and to establish, maintain, and expand markets for Upland 
cotton. The program is funded by assessments levied on each bale or 
bale equivalent of cotton at a rate of $1 per bale with a supplemental 
assessment not to exceed one percent of the value of lint of each bale.
    The 2009 Board is composed of 38 members and 38 alternate members 
(23

[[Page 51070]]

producer and 15 importer members and alternate members) and one 
consumer advisor. The Act directed the Board to contract with a 
separate organization to conduct the research and promotion projects. 
The Board contracts with Cotton Incorporated (CI) to conduct the 
Program. CI uses assessment dollars to advance the quality of and 
demand for cotton fiber through its operating divisions: (1) Global 
Product Marketing, (2) Consumer Marketing, (3) Agricultural Research 
and (4) Textile Research, and (5) Strategic Planning.
    This final rule would establish procedures which the USDA will use 
in conducting referenda under the Act. USDA is proposing amendments to 
the Order to implement section 14202 of the 2008 Farm Bill (see 
Secretary's Decision published in the same issue of the Federal 
Register). Referendum procedures would need to be in place prior for 
the industry to vote and consider these amendments. Referenda among 
cotton producers and cotton importers are required by the Act to 
implement, amend, continue, or when appropriate, to suspend, or to 
terminate the Order or any of its provisions.
    A proposed rule with a request for comments was published in the 
Federal Register on June 4, 2009 (74 FR 26810), with a 10-day comment 
period. AMS received two comments, one from a cotton growers 
association and one from a national cotton industry organization. Both 
comments were in general agreement of the proposed referendum 
procedures and offered the same suggested changes to the sections 
1205.202 and 1205.203.
    The commenters recommended correction of duplicative language in 
section 1205.202 and a reversal of paragraph titles in section 
1205.203(a) and (b). Both of these changes have merit and the 
appropriate changes are made in this action.
    The commenters also offered changes for section 1205.203(a) to 
clarify language concerning eligibility requirements, especially those 
concerning the specified timeframe needed to import Upland cotton in 
order for an importer to be eligible to vote in a referendum. The 
commenters believed that the proposed language was not complete and 
offered two alternatives to revise the provision. Proposed section 
1205.203(a) provided general eligibility requirements that (1) each 
person who was engaged in the production of Upland cotton during the 
representative period; and (2) each person who is an importer of Upland 
cotton and imported Upland cotton during the representative period were 
eligible to vote. Upon review of this language, these comments have 
merit. We have revised the provision to include the more appropriate 
language presented in order to make clear the applicable general 
eligibility requirements. Finally, the commenters noted that the 
definition of importer was not limited by a designated period. We are 
amending for clarity the definition of importer to include the 
appropriate timeframe.
    In addition, USDA has included a clarifying change to the language 
of section 1205.204 concerning producers who grow Upland cotton in more 
than one county and identification of their voting office.
    Pursuant to 5 U.S.C. 553, it is found and determined good cause 
that good cause exists for not postponing the effective date of the 
rule until 30 days after publication in the Federal Register in order 
to conduct a referendum considering amendments implementing section 
14202 of the 2008 Farm Bill (Pub. L. 110-246) and to conform to the 
timeline contained in that section as closely as possible.

List of Subjects in 7 CFR Part 1205

    Advertising, Agricultural research, Cotton, Marketing agreements, 
Reporting and recordkeeping requirements.

0
For the reasons set forth in the preamble 7 CFR part 1205 is amended as 
follows:

PART 1205--COTTON RESEARCH AND PROMOTION

0
1. The authority citation for part 1205 continues to read as follows:

    Authority: 7 U.S.C. 2101-2118 and 7 U.S.C. 7401.


0
2. Part 1205 is amended by adding a new Subpart, consisting of 
Sec. Sec.  1205.200 through 1205.210, to read as follows:
Subpart--Procedures for the Conduct of Referenda in Connection With 
Cotton Research and Promotion Order
Sec.
1205.200 General.
1205.201 Definitions.
1205.202 Agencies through which a referendum shall be conducted.
1205.203 Voting eligibility.
1205.204 Voting.
1205.205 Canvass of ballots.
1205.206 Reporting results of referendum.
1205.207 Challenge of correctness of county summary of ballots.
1205.208 Disposition of ballots and records.
1205.209 Confidential Information.
1205.210 Additional instructions and forms.

Subpart--Referendum Procedures


Sec.  1205.200  General.

    Referenda for the purpose of ascertaining whether producers and 
importers favor the issuance, continuance, amendment, suspension, or 
termination of the Cotton Research and Promotion Order shall be 
conducted in accordance with this subpart.


Sec.  1205.201  Definitions.

    (a) Act means the Cotton Research and Promotion Act, as amended (7 
U.S.C. 2101-2118; Pub. L. 89-502, as amended).
    (b) Administrator means the Administrator of the Agricultural 
Marketing Service, or any officer or employee of USDA to whom authority 
has been delegated to act in the Administrator's stead.
    (c) Agricultural Marketing Service also referred to as ``AMS'' 
means the Agricultural Marketing Service of the Department.
    (d) Cotton means all Upland cotton harvested in the United States 
or imports of Upland cotton, including the Upland cotton content of the 
products derived thereof. The term cotton shall not, however, include 
any entry of imported cotton by an importer which has a value or weight 
less than the de minimis value established by the Secretary or 
industrial products as that term is defined by regulation.
    (e) Upland Cotton means all cultivated varieties of the species 
Gossypium hirsutum L.
    (f) Department means the U.S. Department of Agriculture.
    (g) Deputy Administrator means the Deputy Administrator for Field 
Operations and also referred to as ``DAFO.''
    (h) Farm Service Agency also referred to as ``FSA'' means the Farm 
Service Agency of the Department.
    (i)(1) Importer means any person who enters, or withdraws from 
warehouse, cotton for consumption in the customs territory of the 
United States and who, during a 12-month period ending no later than 90 
days prior to the conduct of the referendum, imported Upland cotton, 
and
    (2) the term import means any such entry.
    (j) Order means the Cotton Research and Promotion Order.
    (k) Person means any individual 18 years of age or older, or any 
partnership, corporation, association, or any other entity.
    (l) Producer means any person who shares in a cotton crop, or in 
the proceeds thereof, as an owner of the

[[Page 51071]]

farm, cash tenant, landlord of a share tenant, share tenant, or 
sharecropper, that planted the cotton during the representative period.
    (m) Representative Period means the period designated by the 
Secretary pursuant to section 8 of the Act (7 U.S.C. 2107).
    (n) Secretary means the Secretary of Agriculture or any other 
officer or employee of the Department of Agriculture to whom there has 
heretofore been delegated, or to whom there may be hereafter be 
delegated, the authority to act in the Secretary's stead.
    (o) State means each of the 50 states.
    (p) United States means 50 states of the United States of America.
    (q) Customs and Border Protection means the U.S. Customs and Border 
Protection of the Department of Homeland Security. Customs and Border 
Protection is also referred to as ``CBP.''


Sec.  1205.202  Agencies through which a referendum shall be conducted.

    (a) Agricultural Marketing Service. The Administrator shall:
    (1) Determine the referendum period.
    (2) Give producers and importers reasonable advance notice of the 
referendum
    (i) by utilizing without advertising expense, available media of 
public information (including, but not being limited to, press and 
radio facilities) to announce the dates, places, or methods of voting, 
and other pertinent information, and
    (ii) by such other means as the Administrator may deem advisable.
    (3) Provide ballots and related material to be used in the 
referendum to FSA. The ballots:
    (i) shall provide for recording essential information for 
ascertaining whether the person voting is an eligible voter, and
    (ii) may provide for recording the total amount of Upland cotton 
produced by the producer or the total amount of cotton imported by the 
importer during the appropriate representative period.
    (4) Make available to producers through FSA county offices 
instructions on voting, an appropriate ballot and, except in the case 
of a referendum on the termination or suspension of an order, a summary 
of the terms and conditions of the order. The instructions on voting 
shall explain the method to be used in determining the amount of Upland 
cotton produced during the representative period and shall specify 
whether such amount is to be entered on the ballot by the voter, 
subject to the following terms and conditions:
    (i) If a current production year for which harvesting has not been 
completed is designated as the representative period, the amount of 
Upland cotton produced shall be determined by the FSA county office on 
the basis of the acreage planted or in the case of approved prevented 
plantings under the disaster payment program, the acreage the person 
intended to plant up to the allotted acreage as determined by the FSA 
county office, and the established yield for FSA program payment 
purposes: Provided, That on farms for which an established yield has 
not been established, the county committee shall determine an 
established yield based on actual production records on the farm for 
the preceding three years, as adjusted for any abnormal conditions, if 
available; if not available, on the basis of yield on similar farms in 
the area.
    (ii) On farms in which more than one eligible voter is engaged in 
production, the vote cast by each voter shall represent only the amount 
of Upland cotton that is the voter's share of the crop, or proceeds 
thereof.
    (iii) If an eligible voter is engaged in production of Upland 
cotton on more than one farm, such voter is entitled to only one vote 
but any vote cast by such voter shall represent the total amount of 
Upland cotton that is that voter's share of the crop, or proceeds 
thereof, on all such farms: Provided, That only farms for which records 
are maintained by the FSA county office designated as the voter's 
polling place shall be considered unless the voter, prior to the 
expiration of the referendum period, establishes to the satisfaction of 
such county office the voter's share of the crop, or proceeds thereof, 
on an additional farm or farms.
    (5) Make available to importers through FSA instructions on voting, 
an appropriate ballot and, except in the case of a referendum on the 
termination or suspension of an order, a summary of the terms and 
conditions of the order. The instructions on voting shall explain the 
appropriate method to be used in determining the amount of cotton 
imported during the representative period and specify whether such 
amount is to be entered on the ballot. If applicable, the following 
terms and conditions apply:
    (i) For importer entities in which more than one importer is 
eligible to vote, the vote cast by each importer shall represent only 
the amount in weight or value of cotton imported by each eligible 
voter.
    (ii) If an eligible importer is engaged in importation of cotton as 
more than one importer entity, such voter is entitled to only one vote 
but any vote cast by such voter shall represent the total amount in 
weight or value, of cotton in the voters share of cotton imported from 
each such importer entity: Provided, that only the importer entities 
for which records are maintained by CBP or other source determined by 
the Administrator shall be considered unless the voter, prior to the 
expiration of the referendum period, establishes to the satisfaction of 
the Administrator the voters share, in weight or value, of the imported 
cotton.
    (b) Farm Service Agency. Except for the functions specified in 
paragraph (a) of this section the Deputy Administrator shall be in 
charge of and responsible for conducting the referendum. Each FSA 
county office shall be in charge and responsible for conducting such 
referendum in its State. Each county office shall be responsible for 
the proper holding of such referendum in its county. It shall be the 
duty of each FSA county office to conduct each referendum in a fair, 
unbiased, and impartial manner in accordance with the regulations in 
this subpart.


Sec.  1205.203  Voting eligibility.

    (a) General eligibility requirements. The following persons shall 
be eligible to vote in an announced referendum--
    (1) each person who was engaged in the production of Upland cotton 
during the representative period; and
    (2) each person who is an importer of Upland cotton and who, during 
a 12-month period ending no later than 90 days prior to the conduct of 
the referendum, imported Upland cotton.
    (b) Special eligibility requirements. (1)(i) A person may qualify 
as an eligible voter by meeting the eligibility requirements, but no 
such person shall be entitled to more than one vote regardless of the 
number of importing entities or Upland cotton farms in which the person 
is interested or the number of communities, counties, or States in 
which are located farms in which such person is interested: Provided, 
however, That the individual members of a qualified partnership shall 
each have one vote, but the partnership as such shall not have a vote 
and an individual who qualifies as an eligible voter by reason of that 
individual's separate farming or importing operations will be entitled 
to one vote even though that person is interested in an entity such as 
(but not limited to) a corporation which is also eligible as a voter 
and entitled to one vote. A person who, as a guardian, administrator, 
executor, or trustee engages in the production of Upland cotton or 
importation of cotton will be eligible to vote in such a fiduciary 
capacity if, in such a capacity, that person qualifies as an eligible 
voter.

[[Page 51072]]

    (ii) In such cases the person for whom he or she is acting in a 
fiduciary capacity will not be eligible to vote. An individual may, if 
otherwise eligible, cast a ballot in his or her individual capacity 
although that person may also cast a ballot as a guardian, 
administrator, executor, or trustee. An individual who holds more than 
one fiduciary position may vote as a fiduciary in each case in which 
that person is otherwise eligible, as for example, if an individual is 
administrator of estate X, he or she may cast a ballot as administrator 
of estate X, and if the same individual is administrator of estate Y, 
he or she may cast another ballot as administrator or estate Y.
    (2) Where a group of several persons, such as a spouse or marital 
partner, and children, or unrelated individuals, are engaged in the 
production of Upland cotton under the same lease or cropping agreement, 
only the person or persons who signed or entered into the lease or 
cropping agreement shall be eligible to vote. In the event two or more 
persons are engaged in the production of Upland cotton as joint 
tenants, tenants in common, or owners of community property, each such 
person shall be entitled to one vote if otherwise qualified. For 
example, a husband or a wife is eligible to vote if he or she shares 
with his or her spouse in the proceeds of the required crop as an 
owner, cash tenant, share tenant, sharecropper or landlord of a fixed 
rent, standing rent or share tenant. Thus, if a husband and wife are 
tenants or sharecropper on a farm, jointly responsible under the rental 
or sharecropping agreement, both are eligible to vote. This is true 
whether the rental or sharecropping agreement is written, signed by 
both parties, or oral, provided both husband and wife made the oral 
agreement. A minor is not disqualified from voting solely because of 
minority if otherwise eligible and the minor is not less than 18 years 
of age.
    (c) Voting by proxy prohibited. There shall be no voting by proxy 
or agent but a duly authorized officer of a corporation, association or 
their legal entity may cast its vote.


Sec.  1205.204  Voting.

    (a) Place of voting. The FSA county office serving the county in 
which the producer's farm is located shall be the producer's polling 
place. For a person not participating in an FSA program, the 
opportunity to vote in a referendum will be provided at the FSA county 
office serving the county where the person owns or rents land. If a 
person's operation is located in several counties, the voting office 
shall be determined based on the major portion of the operation's 
location. The U.S. Department of Agriculture, FSA, DAFO, P.O. Box 
23704, Washington, DC 20026-3704 shall be the polling place for all 
cotton importers.
    (b) Register of eligible voters. The FSA county office shall 
establish a register of known eligible producer voters prior to the 
referendum. AMS shall establish a register of known eligible importer 
voters prior to the referendum and provide the list to FAS.
    (c) Voting. (1) For Upland producers to vote, eligible persons may 
obtain form CN-100 in-person, by mail or by facsimile from FSA county 
offices or through the Internet during the voting period. A completed 
and signed CN-100 and supporting documentation, such as a sales receipt 
or remittance form, must be returned to the appropriate FSA county 
office. Forms obtained via the Internet will be located at https://www.ams.usda.gov/Cotton. Upon request by Upland producers, ballots 
shall be mailed by FSA county offices.
    (2) For cotton importers to vote, eligible persons may obtain form 
CN-100 in-person, by mail or by facsimile from USDA, FSA in Washington, 
D.C. or through the Internet during the voting period. In addition, 
before the referendum, USDA shall mail a request form to each known, 
eligible, cotton importer. A completed and signed CN-100 and supporting 
documentation of CBP Form 7501, must be returned USDA, FSA, DAFO, P.O. 
Box 23704, Washington, DC 20026-3704. Forms obtained via the Internet 
will be located at https://www.ams.usda.gov/Cotton.
    (d) Returning ballot to polling place. Each person to whom a ballot 
is issued by Internet, mail, facsimile, or in-person shall only be 
allowed to vote in the referendum by completing and signing the ballot, 
placing it in an envelope, and delivering or mailing it to the 
appropriate polling place. In order to be eligible for tabulation, 
voted ballots must be received at the polling place during the period 
established for holding the referendum. A ballot shall be considered to 
have been received during the referendum period if:
    (1) In the case of the ballot delivered to the polling place, it 
was received in the office prior to the close of the work day on the 
final day of the referendum period, or
    (2) In the case of the mailed ballot, it was postmarked not later 
than midnight of the final day of the referendum period and was 
received in the polling place prior to the start of canvassing the 
ballots.
    (e) Placing ballots in ballot box. Notwithstanding the fact that a 
ballot(s) may be later challenged by FSA county office or a 
representative of FSA, envelopes containing ballots received at the 
polling place during the referendum period shall remain unopened and 
shall be placed immediately in a ballot box provided by FSA for 
producers and importers. Such ballot box shall be arranged so that 
ballots cannot be read or moved without breaking the seal on the 
container.


Sec.  1205.205  Canvass of ballots.

    (a) Canvassing procedure. Canvassing of returned ballots shall take 
place as soon as possible after the opening of the FSA offices on the 
fifth day following the close of the referendum period. Such canvassing 
shall be in the presence of at least one member of the FSA county 
office for producer ballots or an FSA representative for importer 
ballots and shall be open to the public. The canvassing and ballots 
shall be handled in such a manner so that no member of the public may 
see how any person voted in the referendum. The county office or FSA 
representative shall supervise the opening of the sealed ballot box, 
the opening of the envelopes containing the ballots and a determination 
as to:
    (1) The number of eligible voters favoring the Order and where 
necessary, the amount of cotton represented by them,
    (2) The number of eligible voters disapproving the Order and, where 
necessary, the amount of cotton represented by them.
    (3) The number of ballots cast by voters found to be ineligible to 
vote in the referendum, and
    (4) The number of spoiled ballots. The ballots determined to be 
spoiled or cast by ineligible voters shall not be considered as 
approving or disapproving the Order, and the persons who cast such 
ballots shall not be regarded as participating in the referendum.
    (b) Spoiled ballots. A ballot shall be considered as a spoiled 
ballot if:
    (1) It is mutilated or marked in such a way that it is not possible 
to determine with certainty how the ballot was intended to be counted, 
or
    (2) It does not contain the signature of the voter, or the voter's 
properly witnessed mark.
    (c) Challenge of ballots. A producer ballot may be challenged by 
the member of the FSA county office and the importer ballot may be 
challenged by the representative of FSA. Before a challenged ballot is 
either counted or declared invalid, a determination shall be made by 
the FSA county office or representative of FSA as to the

[[Page 51073]]

eligibility of the voter to vote in the referendum.


Sec.  1205.206  Reporting results of referendum.

    (a) Each FSA county office shall transmit a written county summary 
of ballots showing the results of the referendum in its county to its 
State office.
    (b) Each State office shall transmit a written summary of the 
referendum results from the county offices within its State to DAFO, 
and DAFO will provide a copy to the AMS. AMS will make the results 
available for public inspection for a period of 5 years following the 
end of the referendum period.
    (c) AMS shall prepare and submit to the Secretary a report as to 
the results of the referendum. The Secretary shall then publically 
proclaim the results of the referendum.


Sec.  1205.207  Challenge of correctness of county summary of ballots.

    The FSA state offices shall make a prompt investigation and 
decision in case of any dispute or challenge regarding the correctness 
of the county summary of ballots in any county: Provided, That no 
dispute of challenge shall be investigated unless it is brought to the 
attention of the State FSA office within 3 days after receipt by the 
FSA State office of the county summary of ballots from such county.


Sec.  1205.208  Disposition of ballots and records.

    The FSA county office shall seal the voted ballots, challenged 
ballots found to be ineligible, spoiled ballots, register sheets, and 
summary sheets for the county in one or more envelopes or packages, 
plainly marked with the identification of the referendum, the date and 
the names of the county and State, and place them under lock and key in 
a safe place under the custody of the FSA county office for a period of 
45 days after the referendum period. If no notice to the contrary is 
received by the end of such time, and after the ballots and other 
records have been examined by a representative of the State FSA office, 
the voted ballots and challenged ballots shall be destroyed, but the 
registers and county summary sheets shall be filed for a period of 5 
years in the office of the FSA county office.


Sec.  1205.209  Confidential information.

    (a) The ballots cast or the manner in which any person voted and 
all information furnished to, compiled by, or in the possession of the 
referendum agent shall be regarded as confidential.
    (b) The ballots and other information or reports that reveal, or 
tend to reveal, the vote of any person covered under the Order and the 
voter list shall be strictly confidential and shall not be disclosed.


Sec.  1205.210  Additional instructions and forms.

    AMS is hereby authorized to prescribe additional instructions and 
forms not inconsistent with the provisions of this subpart for the use 
of State and County FSA offices in conducting a referendum. Such 
additional instructions may include procedures for FSA county and State 
offices to report and announce the results of the preliminary count of 
the votes in the county and the State.

    Dated: September 28, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-23831 Filed 10-2-09; 8:45 am]
BILLING CODE P