Sorghum Promotion and Research Program: Procedures for the Conduct of Referenda, 70573-70578 [2010-29106]
Download as PDF
<![CDATA[
jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
and uniform on all handlers. Some of
the additional costs may be passed on
to producers. However, these costs will
be offset by the benefits derived by the
operation of the marketing order. In
addition, the Committee’s meeting was
widely publicized throughout the
California date industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the June
24, 2010, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
This rule imposes no additional
reporting or recordkeeping requirements
on either small or large California date
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. As noted in the initial
regulatory flexibility analysis, USDA
has not identified any relevant Federal
rules that duplicate, overlap, or conflict
with this final rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
A proposed rule concerning this
action was published in the Federal
Register on September 15, 2010 (75 FR
56019). Copies of the proposed rule
were also mailed or sent via facsimile to
all California date handlers. Finally, the
proposal was made available through
the Internet by USDA and the Office of
Federal Register. A 30-day comment
period ending October 15, 2010, was
provided for interested persons to
respond to the proposal. No comments
were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it also found
and determined that good cause exists
for not postponing the effective date of
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
this rule until 30 days after publication
in the Federal Register because
handlers have already received 2010
dates from growers, the crop year began
on October 1, 2010, and the assessment
rate applies to all dates received during
the 2010–11 and subsequent seasons.
Further, handlers are aware of this rule,
which was recommended at a public
meeting. Also, a 30-day comment period
was provided for in the proposed rule.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, 7 CFR part 987 is amended as
follows:
PART 987—DATES PRODUCED OR
PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
1. The authority citation for 7 CFR
part 987 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 987.339 is revised to read
as follows:
■
§ 987.339
Assessment rate.
On and after October 1, 2010, an
assessment rate of $1.00 per
hundredweight is established for
California dates.
Dated: November 10, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–29107 Filed 11–17–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1221
[Doc. No. AMS–LS–10–0003]
Sorghum Promotion and Research
Program: Procedures for the Conduct
of Referenda
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
The Commodity Promotion,
Research, and Information Act of 1996
(Act) authorizes a program of
promotion, research, and information to
be developed through the promulgation
of the Sorghum Promotion, Research,
and Information Order (Order). The Act
requires that the Secretary of
Agriculture (Secretary) conduct a
referendum among persons subject to
assessments who, during a
SUMMARY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
70573
representative period established by the
Secretary, have engaged in the
production or importation of sorghum.
This final rule establishes procedures
the Department of Agriculture (USDA)
will use in conducting the required
referendum as well as future referenda.
Eligible persons will be provided the
opportunity to vote during a specified
period announced by USDA. For the
program to continue, it must be
approved, with an affirmative vote, by at
least a majority of those persons voting
who were engaged in the production or
importation of sorghum during the
representative period.
DATES: Effective Date: December 20,
2010.
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@ams.usda.gov or Rick Pinkston,
USDA, FSA, DAFO, on 202/690–8034,
fax 202/720–5900, or by e-mail on
rick.pinkston@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined
not significant for purposes of Executive
Order 12866 and therefore has not been
reviewed by the Office of Management
and Budget (OMB).
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. Section 524 of
the Act provides that the Act shall not
affect or preempt any other Federal or
State law authorizing promotion or
research relating to an agricultural
commodity.
Under section 519 of the Act, a person
subject to the Order may file a petition
with the Secretary stating that the
Order, any provision of the Order, or
any obligation imposed in connection
with the Order is not established in
accordance with the law, and may
request a modification of the Order or
an exemption from the Order. Any
petition filed challenging the Order, any
provision of the Order, or any obligation
imposed in connection with the Order,
shall be filed within 2 years after the
effective date of the Order, provision, or
obligation subject to challenge in the
petition. The petitioner will have the
opportunity for a hearing on the
petition. Thereafter, the Secretary will
issue a ruling on the petition. The Act
provides that the district court of the
United States for any district in which
the petitioner resides or conducts
business shall have the jurisdiction to
E:\FR\FM\18NOR1.SGM
18NOR1
70574
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES
review a final ruling on the petition if
the petitioner files a complaint for that
purpose not later than 20 days after the
date of the entry of the Secretary’s final
ruling.
Regulatory Flexibility and Paperwork
Reduction Act
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), USDA is required to examine the
impact of this rule on small entities. The
purpose of the RFA is to fit regulatory
actions to the scale of businesses subject
to such actions so that small businesses
will not be disproportionately
burdened.
The Act, which authorizes USDA to
consider industry proposals for generic
programs of promotion, research, and
information for agricultural
commodities, became effective on April
4, 1996. The Act states that Congress
found that it is in the national public
interest and vital to the welfare of the
agricultural economy of the United
States to maintain and expand existing
markets and develop new markets and
uses for agricultural commodities
through industry-funded, Governmentsupervised, commodity promotion
programs.
Section 518 of the Act provides three
options for determining industry
approval or continuation of a new
research and promotion program. They
are: (1) By a majority of those voting; (2)
by a majority of the volume of the
agricultural commodity voted in the
referendum; or (3) by a majority of those
persons voting who also represent a
majority of the volume of the
agricultural commodity voted in the
referendum. In addition, § 518 of the
Act provides for referendums to
ascertain approval of an Order to be
conducted either prior to its going into
effect or within 3 years after
assessments first begin under an Order.
As recommended by representatives of
the sorghum industry, the final Order,
which was published in the Federal
Register on May 6, 2008 (73 FR 25398),
provides that USDA conduct a
referendum within 3 years after
assessments begin and that the
continuation of the Order be approved
by at least a majority of those persons
voting for approval who are engaged in
the production or importation sorghum.
This final rule establishes the
procedures USDA will use for the
conduct of a nationwide referendum
among eligible persons to determine if
the Order should be continued. This
final rule adds a new subpart that
establishes procedures to conduct the
initial and future referendums. The new
subpart covers definitions, certification
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
and voting procedures, eligibility,
disposition of forms and records, the
role of the Farm Service Agency (FSA),
and reporting the results.
According to the 2007 Census of
Agriculture, there are approximately
26,000 persons engaged in the
production of sorghum who are subject
to the program. Most sorghum
producers are classified as small
businesses under the criteria established
by the Small Business Administration
(SBA) (13 CFR 121.201).
In accordance with OMB regulation (5
CFR part 1320) that implements the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35) (PRA), AMS received
OMB approval for a new information
collection for the sorghum program.
Upon approval, this collection was
merged into the existing collection
numbered 0581–0093.
The information collection
requirements are minimal. Public
reporting burden on producers and
importers for this collection of
information is estimated to average 0.01
hours per response with an estimated
total number of 166 hours and a total
cost of $3,079.30. Obtaining a ballot by
mail, in-person, facsimile, or via the
Internet and completing it in its entirety
will not impose a significant economic
burden on participants. Accordingly,
the Administrator of the Agricultural
Marketing Service (AMS) has
determined that this final rule will not
have a significant economic impact on
a substantial number of small business
entities.
Background
The Act (U.S.C. 7411–7425), which
became effective on April 4, 1996,
authorizes USDA to establish generic
programs of promotion, research, and
information for agricultural
commodities designed to strengthen an
industry’s position in the marketplace
and to maintain and expand existing
domestic and foreign markets and uses
for agricultural commodities. Pursuant
to the Act, a proposed Order on the
Sorghum Checkoff Program was
published in the Federal Register on
November 23, 2007 (72 FR 65842). The
final Order was published in the
Federal Register on May 6, 2008 (73 FR
25398). Collection of assessments began
on July 1, 2008.
This program is funded primarily by
those persons engaged in the production
of sorghum. Grain sorghum is assessed
at a rate of 0.6 percent of net market
value received by the producer.
Sorghum forage, sorghum hay, sorghum
haylage, sorghum billets, and sorghum
silage are assessed at a rate of 0.35
percent of net market value received by
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
the producer. Imported sorghum is also
subject to assessment and therefore,
sorghum importers are eligible to vote in
the referendum. Total annual revenue
for the program is approximately
$6,000,000 of which, less than $100
comes from import assessments.
For purposes of this program,
Sorghum means any harvested portion
of Sorghum bicolor (L.) Moench or any
related species of the genus Sorghum of
the family Poaceae. This includes, but is
not limited to, grain sorghum (including
hybrid sorghum seeds, inbred sorghum
line seed, and sorghum cultivar seed),
sorghum forage, sorghum hay, sorghum
haylage, sorghum billets, and sorghum
silage.
The Act requires that a referendum to
ascertain approval of the Order must be
conducted either prior to the Order
going into effect or within 3 years after
assessments first begin. The industry
recommended to USDA that the
referendum be conducted no later than
3 years after assessments first begin to
determine whether the Order should be
continued. Assessments began on July 1,
2008. Thus, USDA is required to
conduct a nationwide referendum
among persons subject to the assessment
by July 1, 2011.
On January 25, 2010, the Chairman of
the United Sorghum Checkoff Program
Board signed a letter requesting that the
referendum be completed by March 1,
2011. He observed that there is a large
area of sorghum production in South
Texas, Louisiana, Arkansas and other
southern States that begin planting in
March. He noted that by conducting the
referendum before March 1, 2011,
producers will not have to interrupt
planting operations at a critical time to
go and vote.
The Order will continue if a majority
of those persons voting favor continuing
the program. If the continuation of the
Order is not approved by eligible
persons voting in the referendum,
USDA will begin the process of
terminating the program.
Eligible persons are required to
complete a ballot in its entirety, vote
‘‘yes’’ or ‘‘no’’ to continue the program,
and provide documentation showing
that they engaged in the production or
importation of sorghum during the
representative period. The person will
sign the ballot certifying that they were
engaged in the production or
importation of sorghum during a
representative period specified by the
Secretary to the best of one’s knowledge.
USDA has determined that the
representative period for the production
or importation of sorghum will be July
1, 2008 through December 31, 2010.
This final rule also provides that the
E:\FR\FM\18NOR1.SGM
18NOR1
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES
ballots may be cast in person, by
facsimile, or by mail-in vote at the
appropriate county FSA or, for
importers, AMS office. Providing
producers an opportunity to vote at the
county FSA office and importers
through the AMS office provides
persons subject to the Order the greatest
opportunity to vote in the referendum.
Producers are directed to vote at the
county FSA office where FSA maintains
and processes the person’s
administrative farm records. For those
eligible producers not participating in
FSA programs, the opportunity to vote
is provided at the county FSA office
serving the county where the person
owns or rents land. A person engaged in
the production of sorghum in more than
one county will vote in the county FSA
office where the person does most of his
or her business. Eligible producer voters
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 https://
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.
Importers will vote by contacting
Craig Shackelford, 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;
craig.shackelford@ams.usda.gov. Forms
may be obtained via the Internet at
https://www.ams.usda.gov/
LSMarketingPrograms.
The final rule establishes procedures
USDA will use in conducting the
required referendum as well as future
referendums provided under the Act.
The final rule includes definitions,
eligibility, certification and voting
procedures, reporting results, and
disposition of the forms and records.
FSA will coordinate State and county
FSA roles in conducting the referendum
by (1) Determining producer eligibility,
(2) canvassing and counting ballots, and
(3) reporting the results. AMS will
coordinate importer voting. A 60 day
comment period was provided from July
16, 2010 through September 14, 2010 in
order for interested persons to comment.
Comments
USDA published proposed
procedures for conducting a Sorghum
Promotion, Research and Information
Program referendum on July 16, 2010
[75 FR 41392] with a request for
comments on the proposal to be
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
received by September 14, 2010. USDA
received two timely comments
regarding the proposal. Two comments
were received on September 10, 2010 by
sorghum industry organizations. Both
comments stated that the proposed rule
adequately reflects the intentions of the
producers they represent. Both
comments suggested that section
1221.222 Eligibility could be
strengthened by adding a sentence to
clarify that the intent of eligibility is to
allow each entity one vote. This
comment has merit and a new sentence
has been added to section 1221.222 to
add clarity.
List of Subjects in 7 CFR Part 1221
Administrative practice and
procedure, Advertising, Agricultural
research, Marketing agreements,
Sorghum and sorghum products,
Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, Title 7, Chapter XI, part 1221
of the Code of Federal Regulations, is
amended as follows:
PART 1221—SORGHUM PROMOTION,
RESEARCH, AND INFORMATION
1. The authority citation for 7 CFR
part 1221 continues to read as follows:
■
Authority: 7 U.S.C. 7411–7425.
2. In part 1221, subpart B is added to
read as follows:
■
Subpart B—Procedures for the Conduct of
Referenda
Definitions
Sec.
1221.200 Terms defined.
1221.201 Administrator, AMS.
1221.202 Administrator, FSA.
1221.203 Eligible person.
1221.204 Farm Service Agency.
1221.205 Farm Service Agency County
Committee.
1221.206 Farm Service Agency County
Executive Director.
1221.207 Farm Service Agency State
Committee.
1221.208 Farm Service Agency State
Executive Director.
1221.209 Public notice.
1221.210 Representative period.
1221.211 Voting period.
Procedures
1221.220 General.
1221.221 Supervision of the process for
conducting referenda.
1221.222 Eligibility.
1221.223 Time and place of the
referendum.
1221.224 Facilities.
1221.225 Certification and referendum
ballot form.
1221.226 Certification and voting
procedures.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
1221.227
1221.228
1221.229
1221.230
1221.231
1221.232
1221.233
1221.234
70575
Canvassing voting ballots.
Counting ballots.
FSA county office report.
FSA State office report.
Results of the referendum.
Disposition of records.
Instructions and forms.
Confidentiality.
Subpart B—Procedures for the
Conduct of Referenda
Definitions
§ 1221.200
Terms defined.
As used throughout this subpart,
unless the context otherwise requires,
terms shall have the same meaning as
the definition of such terms in subpart
A of this part.
§ 1221.201
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.
§ 1221.202
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.
§ 1221.203
Eligible person.
Eligible person is defined as any
person subject to the assessment who
during the representative period
determined by the Secretary has
engaged in the production or
importation of sorghum. Such persons
are eligible to participate in the
referendum.
§ 1221.204
Farm Service Agency.
Farm Service Agency, also referred to
as ‘‘FSA,’’ means the Farm Service
Agency of USDA.
§ 1221.205 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.
§ 1221.206 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
E:\FR\FM\18NOR1.SGM
18NOR1
70576
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
office, or the person acting in such
capacity.
§ 1221.207 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.
§ 1221.208 Farm Service Agency State
Executive Director.
Farm Service Agency State Executive
Director, also referred to as ‘‘SED,’’
means the person within a State who is
appointed by the Secretary to be
responsible for the day-to-day operation
of the FSA State Office, or the person
acting in such capacity.
§ 1221.209
Public notice.
Public notice means not later than 30
days before the referendum is
conducted, the Secretary shall notify the
eligible voters in such manner as
determined by the Secretary, of the
voting period during which voting in
the referendum will occur. The notice
shall explain any registration and voting
procedures established under section
518 of the Act.
§ 1221.210
Representative period.
Representative period means the
period designated by the Secretary
pursuant to section 518 of the Act.
§ 1221.211
Voting period.
The term voting period means a
4-week period to be announced by the
Secretary for voting in the referendum.
Procedures
§ 1221.220
General.
A referendum to determine whether
eligible persons favor the continuance of
this part shall be carried out in
accordance with this subpart.
(a) The referendum will be conducted
at county FSA offices for producers and
through AMS headquarters offices for
importers.
(b) The Secretary shall determine if at
least a majority of those persons voting
favor the continuance of this part.
jdjones on DSK8KYBLC1PROD with RULES
§ 1221.221 Supervision of the process for
conducting referenda.
The Administrator, AMS, shall be
responsible for supervising the process
of permitting persons to vote in a
referendum in accordance with this
subpart.
§ 1221.222
Eligibility.
(a) Any person subject to the
assessment who during the
representative period determined by the
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
Secretary has engaged in the production
or importation of sorghum is eligible to
participate in the referendum. An
eligible person at the time of the
referendum and during the
representative period, shall be entitled
to cast only one vote in the referendum.
(b) Proxy registration. Proxy
registration is not authorized, except
that an officer or employee of a
corporate producer or importer, or any
guardian, administrator, executor, or
trustee of a person’s estate, or an
authorized representative of any eligible
producer or importer entity (other than
an individual person), such as a
corporation or partnership, may vote on
behalf of that entity. Further, an
individual cannot vote on behalf of
another individual (i.e., spouse, family
members, sharecrop lease, joint tenants,
tenants in common, owners of
community property, a partnership, or a
corporation).
(c) Any individual, who votes on
behalf of any producer or importer
entity, shall certify that he or she is
authorized by such entity to take such
action. Upon request of the county FSA
or AMS office, the person voting may be
required to submit adequate evidence of
such authority.
(d) 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
who engaged in the production or
importation of sorghum during the
representative period as a producer or
importer entity shall be entitled to cast
only one vote; provided, however, that
any individual member of a group who
is an eligible person separate from the
group may vote separately.
§ 1221.223 Time and place of the
referendum.
(a) The opportunity to vote in the
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 vote following the
procedures established in this subpart
during the normal business hours of
each county FSA or AMS office.
(b) Persons 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.
(c) Each eligible producer shall cast a
ballot in the county FSA office where
FSA maintains the person’s
administrative farm records. For eligible
persons not participating in FSA
programs, the opportunity to vote will
be provided at the county FSA office
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
serving the county where the person
owns or rents land. A person engaged in
the production of sorghum in more than
one county will vote in the county FSA
office where the person does most of his
or her business.
(d) Each eligible importer will cast a
ballot in the 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.
§ 1221.224
Facilities.
Each county FSA office will provide:
(a) A voting place that is well known
and readily accessible to persons in the
county and that is equipped and
arranged so that each person can
complete and submit a ballot in secret
without coercion, duress, or interference
of any sort whatsoever, and
(b) A holding container of sufficient
size so arranged that no ballot or
supporting documentation can be read
or removed without breaking seals on
the container.
§ 1221.225 Certification and referendum
ballot form.
Form LS–379 shall be used to vote in
the referendum and certify eligibility.
Eligible persons will be required to
complete a ballot in its entirety, vote
‘‘yes’’ or ‘‘no’’ to continue the program
and provide documentation such as a
sales receipt or remittance form showing
that the person voting was engaged in
the production of sorghum during the
representative period. The person or
authorized representative shall sign the
ballot certifying that they or the entity
they represent were engaged in the
production of sorghum during the
representative period.
§ 1221.226 Certification and voting
procedures.
(a) Each eligible person shall be
provided the opportunity to cast a ballot
during the voting period announced by
the Secretary.
(1) Each eligible person shall be
required to complete Form LS–379 in its
entirety, sign it and, provide evidence
that they were engaged in the
production or importation of sorghum
during the representative period. The
person must legibly place his or her
name and, if applicable, the entity
represented, address, county and,
telephone number. The person shall
sign and certify on Form LS–379 that:
(i) The person was engaged in the
production or importation of sorghum
during the representative period;
E:\FR\FM\18NOR1.SGM
18NOR1
jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
(ii) The person voting on behalf of a
corporation or other entity is authorized
to do so;
(iii) The person has cast only one
vote; and
(2) Only a completed and signed Form
LS–379 accompanied by supporting
documentation showing that the person
was engaged in the production or
importation of sorghum during the
representative period shall be
considered a valid vote.
(b) To vote, eligible producers may
obtain Form LS–379 in-person, by mail,
or by facsimile from county FSA offices
or through the Internet during the voting
period. A completed and signed Form
LS–379 and supporting documentation,
such as a sales receipt or remittance
form, must be returned to the
appropriate county FSA office where
FSA maintains and processes the
person’s administrative farm records.
For a person not participating in FSA
programs, the opportunity to vote in a
referendum will be provided at the
county FSA office serving the county
where the person owns or rents land. A
person engaged in the production of
sorghum in more than one county will
vote in the county FSA office where the
person does most of his or her business.
A completed and signed Form LS–379
and the supporting documentation may
be returned in-person, by mail, or
facsimile to the appropriate county FSA
office. Form LS–379 and supporting
documentation 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 voting period to be
considered a valid ballot. Form LS–379
and the accompanying documentation
returned by mail must be postmarked no
later than midnight of the final day of
the voting period and must be received
in the county FSA office on the 5th
business day following the final day of
the voting period. To vote, eligible
importers may obtain Form LS–379 inperson, by mail or, by facsimile from
AMS offices or through the Internet
during the voting period. A completed
and signed Form LS–379 and
supporting documentation, such as a
U.S. Customs and Border Protection
form 7501, must be returned to the AMS
headquarters office.
(c) A completed and signed Form LS–
379 and the supporting documentation
may be returned in-person, by mail, or
facsimile to the appropriate county FSA
office for producers and to AMS office
for importers. Form LS–379 and
supporting documentation returned inperson or by facsimile, must be received
in the appropriate county FSA office for
producers or the AMS office for
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
importers prior to the close of the work
day on the final day of the voting period
to be considered a valid ballot. Form
LS–379 and the accompanying
documentation returned by mail must
be postmarked no later than midnight of
the final day of the voting period and
must be received in the county FSA
office for producers and the AMS office
for importers on the 5th business day
following the final day of the voting
period.
(d) Persons who obtain Form LS–379
in-person at the appropriate FSA county
office may complete and return it the
same day along with the supporting
documentation. Importers who obtain
Form LS–379 in-person at the
appropriate AMS office may complete
and return it the same day along with
the supporting documentation.
§ 1221.227
Canvassing voting ballots.
(a) Canvassing of Form LS–379 shall
take place at the appropriate county
FSA offices or AMS office on the 6th
business day following the final day of
the voting period. Canvassing of
producer ballots 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 ballots 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) Canvassing of importer ballots will
be performed by AMS personnel or any
other person as deemed necessary.
(c) Form LS–379 should be canvassed
as follows:
(1) Number of valid ballots. A person
has been declared eligible by FSA or
AMS to vote by completing Form LS–
379 in its entirety, signing it, and
providing supporting documentation
that shows the person who cast the
ballot during the voting period was
engaged in the production or
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
70577
importation of sorghum. Such ballot
will be considered a valid ballot.
(2) Number of ineligible ballots. If
FSA or AMS cannot determine that a
person is eligible based on the
submitted documentation or if the
person fails to submit the required
supporting documentation, the person
shall be determined to be ineligible.
FSA or AMS shall notify ineligible
persons in writing as soon as practicable
but no later than the 8th business day
following the final day of the voting
period.
(d) Appeal. A person declared to be
ineligible by FSA or AMS can appeal
such decision and provide additional
documentation to the FSA county office
or AMS within 5 business days after the
postmark date of the letter of
notification of ineligibility. FSA or AMS
will then make a final decision on the
person’s eligibility and notify the person
of the decision.
(e) Invalid ballots. An invalid ballot
includes, but is not limited to the
following:
(1) Form LS–379 is not signed or all
required information has not been
provided;
(2) Form LS–379 and supporting
documentation returned in-person or by
facsimile was not received by close of
business on the last business day of the
voting period;
(3) Form LS–379 and supporting
documentation returned by mail was
not postmarked by midnight of the final
day of the voting period;
(4) Form LS–379 and supporting
documentation returned by mail was
not received in the county FSA or AMS
office by the 5th business day following
the final day of the voting period;
(5) Form LS–379 or supporting
documentation is mutilated or marked
in such a way that any required
information on the Form is illegible; or
(6) Form LS–379 and supporting
documentation not returned to the
appropriate county FSA or AMS office.
§ 1221.228
Counting ballots.
(a) Form LS–379 shall be counted by
county FSA offices or the AMS office on
the same day as the ballots 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 voting period.
(b) Ballots shall be counted as follows:
(1) Number of valid ballots cast;
(2) Number of persons favoring the
Order;
(3) Number of persons not favoring
the Order;
E:\FR\FM\18NOR1.SGM
18NOR1
70578
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations
(4) Number of invalid ballots.
§ 1221.229
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
shall submit no later than the 18th
business day following the final day of
the specified period. 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 calendar 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.
§ 1221.230
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 voting 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.
jdjones on DSK8KYBLC1PROD with RULES
§ 1221.231
Results of the referendum.
(a) The Administrator, FSA, shall
submit to the Administrator, AMS,
reports from all State FSA offices. The
Administrator, AMS shall tabulate the
results of the ballots. USDA will issue
an official press release announcing the
results of referendum and publish the
same results in the Federal Register. In
addition, USDA will post the official
results on its Web site. State reports and
related papers shall be available for
public inspection upon request during
normal business hours at the Marketing
Programs Branch; Livestock and Seed
Program, AMS, USDA, Room 2628–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.
§ 1221.232
Disposition of records.
Each FSA CED will place in sealed
containers marked with the
VerDate Mar<15>2010
13:21 Nov 17, 2010
Jkt 223001
identification of the ‘‘Sorghum Checkoff
Program Referendum,’’ all of the Forms
LS–379 along with the accompanying
documentation and county summaries.
Such records will be placed in a secure
location under the custody of 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.
§ 1221.233
Instructions and forms.
The Administrator, AMS, is
authorized to prescribe additional
instructions and forms not inconsistent
with the provisions of this subpart.
§ 1221.234
Confidentiality
The names of persons voting in the
referendum and ballots shall be
confidential and the contents of the
ballots shall not be divulged except as
the Secretary may direct. The public
may witness the opening of the ballot
box and the counting of the votes but
may not interfere with the process.
Dated: November 10, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–29106 Filed 11–17–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
7 CFR Part 3430
[0524–AA64]
Competitive and Noncompetitive
Nonformula Federal Assistance
Programs—Administrative Provisions
for the Sun Grant Program
National Institute of Food and
Agriculture, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
The National Institute of Food
and Agriculture (NIFA), formerly the
Cooperative State Research, Education,
and Extension Service (CSREES), is
publishing a set of specific
administrative requirements as subpart
O to 7 CFR part 3430 for the Sun Grant
Program to supplement the Competitive
and Noncompetitive Non-formula
Federal Assistance Programs—General
Award Administrative Provisions for
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
this program. The Sun Grant Program is
authorized under section 7526 of the
Food, Conservation, and Energy Act of
2008 (FCEA).
DATES: This interim rule is effective on
November 18, 2010. The Agency must
receive comments on or before March
18, 2011.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 0524–AA64, by any of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: policy@NIFA.usda.gov.
Include RIN 0524–AA64 in the subject
line of the message.
Fax: 202–401–7752.
Mail: Paper, disk or CD–ROM
submissions should be submitted to
National Institute of Food and
Agriculture; U.S. Department of
Agriculture; STOP 2299; 1400
Independence Avenue, SW.;
Washington, DC 20250–2299.
Hand Delivery/Courier: National
Institute of Food and Agriculture; U.S.
Department of Agriculture; Room 2255,
Waterfront Centre; 800 9th Street, SW.;
Washington, DC 20024.
Instructions: All comments submitted
must include the agency name and the
RIN for this rulemaking. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT:
Carmela Bailey, National Program
Leader, Plant and Animal Systems,
National Institute of Food and
Agriculture, U.S. Department of
Agriculture, STOP 3356, 1400
Independence Avenue, Washington, DC
20250–3356; Voice: 202–401–6443; Fax:
202–401–4888; E-mail:
cbailey@NIFA.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
Section 7526 of the Food,
Conservation, and Energy Act of 2008
(FCEA), Public Law 110–246 (7 U.S.C.
8114), provides authority to the
Secretary of Agriculture (Secretary) to
establish and carry out the Sun Grant
Program under which grants are
provided to Sun Grant Centers
(hereafter, the Center(s)) and a
Subcenter (as designated in section
7526(b)(1)(A)–(F) of the FCEA) for the
purpose of subawarding 75 percent of
USDA-awarded funds through a
regional competitive grants program
administered by the Centers and
Subcenter to fund multi-institutional
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Rules and Regulations]
[Pages 70573-70578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29106]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1221
[Doc. No. AMS-LS-10-0003]
Sorghum Promotion and Research Program: Procedures for the
Conduct of Referenda
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commodity Promotion, Research, and Information Act of 1996
(Act) authorizes a program of promotion, research, and information to
be developed through the promulgation of the Sorghum Promotion,
Research, and Information Order (Order). The Act requires that the
Secretary of Agriculture (Secretary) conduct a referendum among persons
subject to assessments who, during a representative period established
by the Secretary, have engaged in the production or importation of
sorghum. This final rule establishes procedures the Department of
Agriculture (USDA) will use in conducting the required referendum as
well as future referenda. Eligible persons will be provided the
opportunity to vote during a specified period announced by USDA. For
the program to continue, it must be approved, with an affirmative vote,
by at least a majority of those persons voting who were engaged in the
production or importation of sorghum during the representative period.
DATES: Effective Date: December 20, 2010.
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@ams.usda.gov or Rick Pinkston, USDA, FSA, DAFO, on 202/
690-8034, fax 202/720-5900, or by e-mail on rick.pinkston@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
Section 524 of the Act provides that the Act shall not affect or
preempt any other Federal or State law authorizing promotion or
research relating to an agricultural commodity.
Under section 519 of the Act, a person subject to the Order may
file a petition with the Secretary stating that the Order, any
provision of the Order, or any obligation imposed in connection with
the Order is not established in accordance with the law, and may
request a modification of the Order or an exemption from the Order. Any
petition filed challenging the Order, any provision of the Order, or
any obligation imposed in connection with the Order, shall be filed
within 2 years after the effective date of the Order, provision, or
obligation subject to challenge in the petition. The petitioner will
have the opportunity for a hearing on the petition. Thereafter, the
Secretary will issue a ruling on the petition. The Act provides that
the district court of the United States for any district in which the
petitioner resides or conducts business shall have the jurisdiction to
[[Page 70574]]
review a final ruling on the petition if the petitioner files a
complaint for that purpose not later than 20 days after the date of the
entry of the Secretary's final ruling.
Regulatory Flexibility and Paperwork Reduction Act
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), USDA is required to examine the impact of this rule on small
entities. The purpose of the RFA is to fit regulatory actions to the
scale of businesses subject to such actions so that small businesses
will not be disproportionately burdened.
The Act, which authorizes USDA to consider industry proposals for
generic programs of promotion, research, and information for
agricultural commodities, became effective on April 4, 1996. The Act
states that Congress found that it is in the national public interest
and vital to the welfare of the agricultural economy of the United
States to maintain and expand existing markets and develop new markets
and uses for agricultural commodities through industry-funded,
Government-supervised, commodity promotion programs.
Section 518 of the Act provides three options for determining
industry approval or continuation of a new research and promotion
program. They are: (1) By a majority of those voting; (2) by a majority
of the volume of the agricultural commodity voted in the referendum; or
(3) by a majority of those persons voting who also represent a majority
of the volume of the agricultural commodity voted in the referendum. In
addition, Sec. 518 of the Act provides for referendums to ascertain
approval of an Order to be conducted either prior to its going into
effect or within 3 years after assessments first begin under an Order.
As recommended by representatives of the sorghum industry, the final
Order, which was published in the Federal Register on May 6, 2008 (73
FR 25398), provides that USDA conduct a referendum within 3 years after
assessments begin and that the continuation of the Order be approved by
at least a majority of those persons voting for approval who are
engaged in the production or importation sorghum.
This final rule establishes the procedures USDA will use for the
conduct of a nationwide referendum among eligible persons to determine
if the Order should be continued. This final rule adds a new subpart
that establishes procedures to conduct the initial and future
referendums. The new subpart covers definitions, certification and
voting procedures, eligibility, disposition of forms and records, the
role of the Farm Service Agency (FSA), and reporting the results.
According to the 2007 Census of Agriculture, there are
approximately 26,000 persons engaged in the production of sorghum who
are subject to the program. Most sorghum producers are classified as
small businesses under the criteria established by the Small Business
Administration (SBA) (13 CFR 121.201).
In accordance with OMB regulation (5 CFR part 1320) that implements
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) (PRA), AMS
received OMB approval for a new information collection for the sorghum
program. Upon approval, this collection was merged into the existing
collection numbered 0581-0093.
The information collection requirements are minimal. Public
reporting burden on producers and importers for this collection of
information is estimated to average 0.01 hours per response with an
estimated total number of 166 hours and a total cost of $3,079.30.
Obtaining a ballot by mail, in-person, facsimile, or via the Internet
and completing it in its entirety will not impose a significant
economic burden on participants. Accordingly, the Administrator of the
Agricultural Marketing Service (AMS) has determined that this final
rule will not have a significant economic impact on a substantial
number of small business entities.
Background
The Act (U.S.C. 7411-7425), which became effective on April 4,
1996, authorizes USDA to establish generic programs of promotion,
research, and information for agricultural commodities designed to
strengthen an industry's position in the marketplace and to maintain
and expand existing domestic and foreign markets and uses for
agricultural commodities. Pursuant to the Act, a proposed Order on the
Sorghum Checkoff Program was published in the Federal Register on
November 23, 2007 (72 FR 65842). The final Order was published in the
Federal Register on May 6, 2008 (73 FR 25398). Collection of
assessments began on July 1, 2008.
This program is funded primarily by those persons engaged in the
production of sorghum. Grain sorghum is assessed at a rate of 0.6
percent of net market value received by the producer. Sorghum forage,
sorghum hay, sorghum haylage, sorghum billets, and sorghum silage are
assessed at a rate of 0.35 percent of net market value received by the
producer. Imported sorghum is also subject to assessment and therefore,
sorghum importers are eligible to vote in the referendum. Total annual
revenue for the program is approximately $6,000,000 of which, less than
$100 comes from import assessments.
For purposes of this program, Sorghum means any harvested portion
of Sorghum bicolor (L.) Moench or any related species of the genus
Sorghum of the family Poaceae. This includes, but is not limited to,
grain sorghum (including hybrid sorghum seeds, inbred sorghum line
seed, and sorghum cultivar seed), sorghum forage, sorghum hay, sorghum
haylage, sorghum billets, and sorghum silage.
The Act requires that a referendum to ascertain approval of the
Order must be conducted either prior to the Order going into effect or
within 3 years after assessments first begin. The industry recommended
to USDA that the referendum be conducted no later than 3 years after
assessments first begin to determine whether the Order should be
continued. Assessments began on July 1, 2008. Thus, USDA is required to
conduct a nationwide referendum among persons subject to the assessment
by July 1, 2011.
On January 25, 2010, the Chairman of the United Sorghum Checkoff
Program Board signed a letter requesting that the referendum be
completed by March 1, 2011. He observed that there is a large area of
sorghum production in South Texas, Louisiana, Arkansas and other
southern States that begin planting in March. He noted that by
conducting the referendum before March 1, 2011, producers will not have
to interrupt planting operations at a critical time to go and vote.
The Order will continue if a majority of those persons voting favor
continuing the program. If the continuation of the Order is not
approved by eligible persons voting in the referendum, USDA will begin
the process of terminating the program.
Eligible persons are required to complete a ballot in its entirety,
vote ``yes'' or ``no'' to continue the program, and provide
documentation showing that they engaged in the production or
importation of sorghum during the representative period. The person
will sign the ballot certifying that they were engaged in the
production or importation of sorghum during a representative period
specified by the Secretary to the best of one's knowledge.
USDA has determined that the representative period for the
production or importation of sorghum will be July 1, 2008 through
December 31, 2010. This final rule also provides that the
[[Page 70575]]
ballots may be cast in person, by facsimile, or by mail-in vote at the
appropriate county FSA or, for importers, AMS office. Providing
producers an opportunity to vote at the county FSA office and importers
through the AMS office provides persons subject to the Order the
greatest opportunity to vote in the referendum.
Producers are directed to vote at the county FSA office where FSA
maintains and processes the person's administrative farm records. For
those eligible producers not participating in FSA programs, the
opportunity to vote is provided at the county FSA office serving the
county where the person owns or rents land. A person engaged in the
production of sorghum in more than one county will vote in the county
FSA office where the person does most of his or her business. Eligible
producer voters 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 https://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.
Importers will vote by contacting Craig Shackelford, 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;
craig.shackelford@ams.usda.gov. Forms may be obtained via the Internet
at https://www.ams.usda.gov/LSMarketingPrograms.
The final rule establishes procedures USDA will use in conducting
the required referendum as well as future referendums provided under
the Act. The final rule includes definitions, eligibility,
certification and voting procedures, reporting results, and disposition
of the forms and records.
FSA will coordinate State and county FSA roles in conducting the
referendum by (1) Determining producer eligibility, (2) canvassing and
counting ballots, and (3) reporting the results. AMS will coordinate
importer voting. A 60 day comment period was provided from July 16,
2010 through September 14, 2010 in order for interested persons to
comment.
Comments
USDA published proposed procedures for conducting a Sorghum
Promotion, Research and Information Program referendum on July 16, 2010
[75 FR 41392] with a request for comments on the proposal to be
received by September 14, 2010. USDA received two timely comments
regarding the proposal. Two comments were received on September 10,
2010 by sorghum industry organizations. Both comments stated that the
proposed rule adequately reflects the intentions of the producers they
represent. Both comments suggested that section 1221.222 Eligibility
could be strengthened by adding a sentence to clarify that the intent
of eligibility is to allow each entity one vote. This comment has merit
and a new sentence has been added to section 1221.222 to add clarity.
List of Subjects in 7 CFR Part 1221
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Sorghum and sorghum products, Reporting
and recordkeeping requirements.
0
For the reasons set forth in the preamble, Title 7, Chapter XI, part
1221 of the Code of Federal Regulations, is amended as follows:
PART 1221--SORGHUM PROMOTION, RESEARCH, AND INFORMATION
0
1. The authority citation for 7 CFR part 1221 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425.
0
2. In part 1221, subpart B is added to read as follows:
Subpart B--Procedures for the Conduct of Referenda
Definitions
Sec.
1221.200 Terms defined.
1221.201 Administrator, AMS.
1221.202 Administrator, FSA.
1221.203 Eligible person.
1221.204 Farm Service Agency.
1221.205 Farm Service Agency County Committee.
1221.206 Farm Service Agency County Executive Director.
1221.207 Farm Service Agency State Committee.
1221.208 Farm Service Agency State Executive Director.
1221.209 Public notice.
1221.210 Representative period.
1221.211 Voting period.
Procedures
1221.220 General.
1221.221 Supervision of the process for conducting referenda.
1221.222 Eligibility.
1221.223 Time and place of the referendum.
1221.224 Facilities.
1221.225 Certification and referendum ballot form.
1221.226 Certification and voting procedures.
1221.227 Canvassing voting ballots.
1221.228 Counting ballots.
1221.229 FSA county office report.
1221.230 FSA State office report.
1221.231 Results of the referendum.
1221.232 Disposition of records.
1221.233 Instructions and forms.
1221.234 Confidentiality.
Subpart B--Procedures for the Conduct of Referenda
Definitions
Sec. 1221.200 Terms defined.
As used throughout this subpart, unless the context otherwise
requires, terms shall have the same meaning as the definition of such
terms in subpart A of this part.
Sec. 1221.201 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. 1221.202 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. 1221.203 Eligible person.
Eligible person is defined as any person subject to the assessment
who during the representative period determined by the Secretary has
engaged in the production or importation of sorghum. Such persons are
eligible to participate in the referendum.
Sec. 1221.204 Farm Service Agency.
Farm Service Agency, also referred to as ``FSA,'' means the Farm
Service Agency of USDA.
Sec. 1221.205 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. 1221.206 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
[[Page 70576]]
office, or the person acting in such capacity.
Sec. 1221.207 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. 1221.208 Farm Service Agency State Executive Director.
Farm Service Agency State Executive Director, also referred to as
``SED,'' means the person within a State who is appointed by the
Secretary to be responsible for the day-to-day operation of the FSA
State Office, or the person acting in such capacity.
Sec. 1221.209 Public notice.
Public notice means not later than 30 days before the referendum is
conducted, the Secretary shall notify the eligible voters in such
manner as determined by the Secretary, of the voting period during
which voting in the referendum will occur. The notice shall explain any
registration and voting procedures established under section 518 of the
Act.
Sec. 1221.210 Representative period.
Representative period means the period designated by the Secretary
pursuant to section 518 of the Act.
Sec. 1221.211 Voting period.
The term voting period means a 4-week period to be announced by the
Secretary for voting in the referendum.
Procedures
Sec. 1221.220 General.
A referendum to determine whether eligible persons favor the
continuance of this part shall be carried out in accordance with this
subpart.
(a) The referendum will be conducted at county FSA offices for
producers and through AMS headquarters offices for importers.
(b) The Secretary shall determine if at least a majority of those
persons voting favor the continuance of this part.
Sec. 1221.221 Supervision of the process for conducting referenda.
The Administrator, AMS, shall be responsible for supervising the
process of permitting persons to vote in a referendum in accordance
with this subpart.
Sec. 1221.222 Eligibility.
(a) Any person subject to the assessment who during the
representative period determined by the Secretary has engaged in the
production or importation of sorghum is eligible to participate in the
referendum. An eligible person at the time of the referendum and during
the representative period, shall be entitled to cast only one vote in
the referendum.
(b) Proxy registration. Proxy registration is not authorized,
except that an officer or employee of a corporate producer or importer,
or any guardian, administrator, executor, or trustee of a person's
estate, or an authorized representative of any eligible producer or
importer entity (other than an individual person), such as a
corporation or partnership, may vote on behalf of that entity. Further,
an individual cannot vote on behalf of another individual (i.e.,
spouse, family members, sharecrop lease, joint tenants, tenants in
common, owners of community property, a partnership, or a corporation).
(c) Any individual, who votes on behalf of any producer or importer
entity, shall certify that he or she is authorized by such entity to
take such action. Upon request of the county FSA or AMS office, the
person voting may be required to submit adequate evidence of such
authority.
(d) 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 who engaged in the
production or importation of sorghum during the representative period
as a producer or importer entity shall be entitled to cast only one
vote; provided, however, that any individual member of a group who is
an eligible person separate from the group may vote separately.
Sec. 1221.223 Time and place of the referendum.
(a) The opportunity to vote in the 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 vote
following the procedures established in this subpart during the normal
business hours of each county FSA or AMS office.
(b) Persons 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.
(c) Each eligible producer shall cast a ballot in the county FSA
office where FSA maintains the person's administrative farm records.
For eligible persons not participating in FSA programs, the opportunity
to vote will be provided at the county FSA office serving the county
where the person owns or rents land. A person engaged in the production
of sorghum in more than one county will vote in the county FSA office
where the person does most of his or her business.
(d) Each eligible importer will cast a ballot in the 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.
Sec. 1221.224 Facilities.
Each county FSA office will provide:
(a) A voting place that is well known and readily accessible to
persons in the county and that is equipped and arranged so that each
person can complete and submit a ballot in secret without coercion,
duress, or interference of any sort whatsoever, and
(b) A holding container of sufficient size so arranged that no
ballot or supporting documentation can be read or removed without
breaking seals on the container.
Sec. 1221.225 Certification and referendum ballot form.
Form LS-379 shall be used to vote in the referendum and certify
eligibility. Eligible persons will be required to complete a ballot in
its entirety, vote ``yes'' or ``no'' to continue the program and
provide documentation such as a sales receipt or remittance form
showing that the person voting was engaged in the production of sorghum
during the representative period. The person or authorized
representative shall sign the ballot certifying that they or the entity
they represent were engaged in the production of sorghum during the
representative period.
Sec. 1221.226 Certification and voting procedures.
(a) Each eligible person shall be provided the opportunity to cast
a ballot during the voting period announced by the Secretary.
(1) Each eligible person shall be required to complete Form LS-379
in its entirety, sign it and, provide evidence that they were engaged
in the production or importation of sorghum during the representative
period. The person must legibly place his or her name and, if
applicable, the entity represented, address, county and, telephone
number. The person shall sign and certify on Form LS-379 that:
(i) The person was engaged in the production or importation of
sorghum during the representative period;
[[Page 70577]]
(ii) The person voting on behalf of a corporation or other entity
is authorized to do so;
(iii) The person has cast only one vote; and
(2) Only a completed and signed Form LS-379 accompanied by
supporting documentation showing that the person was engaged in the
production or importation of sorghum during the representative period
shall be considered a valid vote.
(b) To vote, eligible producers may obtain Form LS-379 in-person,
by mail, or by facsimile from county FSA offices or through the
Internet during the voting period. A completed and signed Form LS-379
and supporting documentation, such as a sales receipt or remittance
form, must be returned to the appropriate county FSA office where FSA
maintains and processes the person's administrative farm records. For a
person not participating in FSA programs, the opportunity to vote in a
referendum will be provided at the county FSA office serving the county
where the person owns or rents land. A person engaged in the production
of sorghum in more than one county will vote in the county FSA office
where the person does most of his or her business. A completed and
signed Form LS-379 and the supporting documentation may be returned in-
person, by mail, or facsimile to the appropriate county FSA office.
Form LS-379 and supporting documentation 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 voting period to
be considered a valid ballot. Form LS-379 and the accompanying
documentation returned by mail must be postmarked no later than
midnight of the final day of the voting period and must be received in
the county FSA office on the 5th business day following the final day
of the voting period. To vote, eligible importers may obtain Form LS-
379 in-person, by mail or, by facsimile from AMS offices or through the
Internet during the voting period. A completed and signed Form LS-379
and supporting documentation, such as a U.S. Customs and Border
Protection form 7501, must be returned to the AMS headquarters office.
(c) A completed and signed Form LS-379 and the supporting
documentation may be returned in-person, by mail, or facsimile to the
appropriate county FSA office for producers and to AMS office for
importers. Form LS-379 and supporting documentation returned in-person
or by facsimile, must be received in the appropriate county FSA office
for producers or the AMS office for importers prior to the close of the
work day on the final day of the voting period to be considered a valid
ballot. Form LS-379 and the accompanying documentation returned by mail
must be postmarked no later than midnight of the final day of the
voting period and must be received in the county FSA office for
producers and the AMS office for importers on the 5th business day
following the final day of the voting period.
(d) Persons who obtain Form LS-379 in-person at the appropriate FSA
county office may complete and return it the same day along with the
supporting documentation. Importers who obtain Form LS-379 in-person at
the appropriate AMS office may complete and return it the same day
along with the supporting documentation.
Sec. 1221.227 Canvassing voting ballots.
(a) Canvassing of Form LS-379 shall take place at the appropriate
county FSA offices or AMS office on the 6th business day following the
final day of the voting period. Canvassing of producer ballots 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 ballots 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) Canvassing of importer ballots will be performed by AMS
personnel or any other person as deemed necessary.
(c) Form LS-379 should be canvassed as follows:
(1) Number of valid ballots. A person has been declared eligible by
FSA or AMS to vote by completing Form LS-379 in its entirety, signing
it, and providing supporting documentation that shows the person who
cast the ballot during the voting period was engaged in the production
or importation of sorghum. Such ballot will be considered a valid
ballot.
(2) Number of ineligible ballots. If FSA or AMS cannot determine
that a person is eligible based on the submitted documentation or if
the person fails to submit the required supporting documentation, the
person shall be determined to be ineligible. FSA or AMS shall notify
ineligible persons in writing as soon as practicable but no later than
the 8th business day following the final day of the voting period.
(d) Appeal. A person declared to be ineligible by FSA or AMS can
appeal such decision and provide additional documentation to the FSA
county office or AMS within 5 business days after the postmark date of
the letter of notification of ineligibility. FSA or AMS will then make
a final decision on the person's eligibility and notify the person of
the decision.
(e) Invalid ballots. An invalid ballot includes, but is not limited
to the following:
(1) Form LS-379 is not signed or all required information has not
been provided;
(2) Form LS-379 and supporting documentation returned in-person or
by facsimile was not received by close of business on the last business
day of the voting period;
(3) Form LS-379 and supporting documentation returned by mail was
not postmarked by midnight of the final day of the voting period;
(4) Form LS-379 and supporting documentation returned by mail was
not received in the county FSA or AMS office by the 5th business day
following the final day of the voting period;
(5) Form LS-379 or supporting documentation is mutilated or marked
in such a way that any required information on the Form is illegible;
or
(6) Form LS-379 and supporting documentation not returned to the
appropriate county FSA or AMS office.
Sec. 1221.228 Counting ballots.
(a) Form LS-379 shall be counted by county FSA offices or the AMS
office on the same day as the ballots 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 voting period.
(b) Ballots shall be counted as follows:
(1) Number of valid ballots cast;
(2) Number of persons favoring the Order;
(3) Number of persons not favoring the Order;
[[Page 70578]]
(4) Number of invalid ballots.
Sec. 1221.229 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 shall
submit no later than the 18th business day following the final day of
the specified period. 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 calendar 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. 1221.230 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 voting 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. 1221.231 Results of the referendum.
(a) The Administrator, FSA, shall submit to the Administrator, AMS,
reports from all State FSA offices. The Administrator, AMS shall
tabulate the results of the ballots. USDA will issue an official press
release announcing the results of referendum and publish the same
results in the Federal Register. In addition, USDA will post the
official results on its Web site. State reports and related papers
shall be available for public inspection upon request during normal
business hours at the Marketing Programs Branch; Livestock and Seed
Program, AMS, USDA, Room 2628-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. 1221.232 Disposition of records.
Each FSA CED will place in sealed containers marked with the
identification of the ``Sorghum Checkoff Program Referendum,'' all of
the Forms LS-379 along with the accompanying documentation and county
summaries. Such records will be placed in a secure location under the
custody of 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. 1221.233 Instructions and forms.
The Administrator, AMS, is authorized to prescribe additional
instructions and forms not inconsistent with the provisions of this
subpart.
Sec. 1221.234 Confidentiality
The names of persons voting in the referendum and ballots shall be
confidential and the contents of the ballots shall not be divulged
except as the Secretary may direct. The public may witness the opening
of the ballot box and the counting of the votes but may not interfere
with the process.
Dated: November 10, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-29106 Filed 11-17-10; 8:45 am]
BILLING CODE 3410-02-P
