[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25665]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 1220

[No. LS-94-006]
RIN 0581-AB30

 

Soybean Promotion and Research Program: Procedures for the 
Conduct of a Producer Poll

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Soybean Promotion, Research, and Consumer 
Information Act (Act), a poll must be conducted among eligible soybean 
producers to determine if they support the conduct of a referendum on 
the continuance of the payment of refunds under the Soybean Promotion 
and Research Order (Order). This proposed rule sets forth the 
procedures for conducting the required producer poll.

DATES: Written comments must be received by November 17, 1994.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief; 
Marketing Programs Branch; Livestock and Seed Division; Agricultural 
Marketing Service (AMS), USDA; P.O. Box 96456, room 2624-S; Washington, 
D.C. 20090-6456. Comments will be available for public inspection 
during regular business hours at the above office in room 2624 South 
Agriculture Building, 14th and Independence Avenue SW., Washington, 
D.C. Comments on the information collection requirements contained in 
this proposed rule may also be sent to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, D.C. 
20503, Attention: Desk Officer for AMS, USDA.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing 
Programs Branch, 202/720-1115.

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not-significant for 
purposes of Executive Order 12866 and therefore has not been reviewed 
by OMB.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. It is not intended to have a retroactive effect.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under Sec. 1971 of the Act, a 
person subject to the Order may file with the Secretary a petition 
stating that the Order, any provision of the Order, or any obligation 
imposed in connection with the Order is not in accordance with law and 
requesting a modification of the Order or an exemption from the Order. 
The petitioner is afforded the opportunity for a hearing on the 
petition. After a hearing the Secretary will rule on the petition. The 
statute provides that the district court of the United States in any 
district in which the petitioner resides or carries on business has 
jurisdiction to review the Secretary's decision if a complaint for that 
purpose is filed not later than 20 days after the date of the entry of 
the Secretary's decision.
    Further, Sec. 1974 of the Act provides, with certain exceptions, 
that nothing in the Act may be construed to preempt or supersede any 
other program relating to soybean promotion, research, consumer 
information, or industry information organized and operated under the 
laws of the United States or any State. One exception in the Act 
concerns assessments collected by the Qualified State Soybean Boards 
(QSSBs). The exception provides that to ensure adequate funding of the 
operations of QSSBs under the Act, no State law or regulation may limit 
or have the effect of limiting the full amount of assessments that a 
QSSB in that State may collect, and which is authorized to be credited 
under the Act. Another exception concerns certain referendums conducted 
during specified periods by a State relating to the continuation or 
termination of a QSSB or State soybean assessment.
    This proposed rule would establish procedures for the conduct of a 
producer poll. It provides to all eligible soybean producers the 
opportunity to request that the Secretary conduct a refund referendum 
on the continuance of the payment of refunds under the Order. 
Participation in the producer poll would be voluntary. The 
Administrator of AMS has determined that this proposed rule will not 
have a significant economic impact on a substantial number of small 
business entities.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, the 
information collection requirements contained in this proposed rule 
have been approved by the Office of Management and Budget (OMB). They 
have been assigned OMB control number 0581-0093. The information 
collection requirements in this proposed rule include the following:
    (a) In-person requests to conduct a refund referendum: Each person 
who wishes to request that the Secretary conduct a refund referendum 
must ask the appropriate county Agricultural Stabilization and 
Conservation Service (ASCS) office to enter his/her name and address on 
Form LS-51, ``Producer Poll on Refund Referendum Request List.'' Each 
person must read the Certification Statement at the top of the form and 
sign his/her name certifying that he/she meets the eligibility 
requirements. The estimated average time burden for completing the 
procedure is 5 minutes per person.
    (b) Absentee requests to conduct a refund referendum: Each person 
who wishes to request that the Secretary conduct a refund referendum 
must complete Form LS-53, ``Producer Poll on Refund Referendum--
Absentee Request.'' Form LS-53 is a self-mailer, the person making a 
request must read and sign the form, fold the form so that the ASCS 
office address is showing, and tape the form closed. The form may be 
returned by mail by affixing a stamp or it may be returned in person. 
The estimated average time burden for completing the procedure is 5 
minutes per person.
    (c) The proposed rule contains a requirement that the county ASCS 
office list the names and addresses of each person or entity requesting 
Form LS-53 (Absentee Request), the date the form was requested, and the 
date it was received back by the ASCS office. This information is 
necessary for the Department to list the identities of each person 
making a request in the producer poll and to allow interested parties 
to see the identity of each person making a request to the Secretary to 
conduct a refund referendum. This information can be used to validate 
requests and to challenge potentially ineligible persons. Each county 
ASCS office will fill out one or more of the Form LS-52 ``Absentee 
Request List.'' The estimated average reporting burden will vary 
depending on the number of requests. The estimated number of producers, 
including in-person and absentee, who will request that the Secretary 
conduct a refund referendum is 75,000-100,000 with each producer making 
one request.
    Please send comments concerning the information collection 
requirements contained in this proposed rule to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, D.C. 20503, Attention: Desk Officer for AMS, USDA.

Background

    The Act (7 U.S.C. 6301-6311) provides for the establishment of a 
coordinated program of promotion and research designed to strengthen 
the soybean industry's position in the marketplace and to maintain and 
expand domestic and foreign markets and uses for soybeans and soybean 
products. The program is financed by an assessment of 0.5 of one 
percent of the net market price of soybeans sold by producers. Pursuant 
to the Act, an Order was made effective July 9, 1991, and the 
collection of assessments began September 1, 1991.
    The Act requires that a referendum be conducted no earlier than 18 
months and no later than 36 months after the issuance of the Order to 
determine whether the Order should be continued.
    The required initial referendum was conducted on February 9, 1994. 
Of the 85,606 valid ballots cast, 46,060 (53.8 percent) were in favor 
of continuing the Order and the remaining 39,546 votes (46.2 percent) 
were against continuing the Order. The Act requires approval by a 
simple majority for the Order to continue.
    The Act also requires that within 18 months after the Secretary 
announces the results of the referendum, the Secretary conduct a poll 
of producers to determine if producers support the conducting of a 
referendum on the continuance of the payment of refunds under the 
Order. The Secretary announced the results of the referendum on April 
1, 1994. Therefore, the producer poll must be held before October 1, 
1995.
    If, based on the poll, the Secretary determines that at least 20 
percent of the approximately 400,000 producers nationwide (not in 
excess of one-fifth of which may be producers in any one State) support 
the conducting of a refund referendum, the Secretary must conduct a 
refund referendum within 1 year of that determination.
    If, based on the poll, the Secretary determines that at least 20 
percent of the approximately 400,000 producers nationwide (not in 
excess of one-fifth of which may be producers in any one State) do not 
support the conducting of a refund referendum, no refund referendum 
will be conducted and refunds will be discontinued.
    The Act specifies that the producer poll shall be conducted for a 
period established by the Secretary. Eligible persons must both certify 
that they were engaged in the production of soybeans during a 
representative period specified by the Secretary, and indicate that 
they support the conducting of a refund referendum. The Act also 
provides that the producer poll may be conducted in person at county 
Extension offices or county ASCS offices or by mail-in requests. 
Conducting the poll at county ASCS offices and providing for mail-in 
requests will provide the greatest opportunity for those producers who 
wish to indicate that they support the conducting of a refund 
referendum.
    The proposed rule sets forth procedures to be followed in 
conducting the producer poll under the Act. The proposed rule includes 
provisions concerning definitions, supervision of the producer poll, 
certification and request procedures, reporting poll results, and 
disposition of records. We propose that ASCS of the Department 
coordinate State and County ASCS roles in conducting the poll.

List of Subjects in 7 CFR Part 1220

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Soybeans and soybean products, 
Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, it is proposed that 
title 7 of the CFR part 1220 be amended as follows:

PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

    1. The authority citation for part 1220 continues to read as 
follows:

    Authority: Title XIX, Pub. L. 101-624, 104 Stat. 3359, 3881 (7 
U.S.C. 6301-6311).

    2. Subpart F is added to read as follows:
Subpart F--Procedures for the Conduct of a Producer Poll
Sec.

Definitions

1220.701  Act.
1220.702  Administrator.
1220.703  Agricultural Stabilization and Conservation County 
Committee.
1220.704  Agricultural Stabilization and Conservation Service.
1220.705  Agricultural Stabilization and Conservation Service County 
Executive Director.
1220.706  Department.
1220.707  Deputy Administrator.
1220.708  Order.
1220.709  Person.
1220.710  Producer.
1220.711  Public notice.
1220.712  Refund referendum.
1220.713  Representative period.
1220.714  Secretary.
1220.715  Soybeans.
1220.716  State and United States.

Producer Poll

1220.717  General.
1220.718  Supervision of producer poll.
1220.719  Eligibility.
1220.720  Time and place for requesting a refund referendum.
1220.721  Facilities for conducting poll.
1220.722  Certification and request forms.
1220.723  Certification and request procedure.
1220.724  Lists of registered producers.
1220.725  Challenge of eligibility.
1220.726  Canvassing request lists.
1220.727  ASCS county office report.
1220.728  ASCS State office report.
1220.729  Results of the poll.
1220.730  Disposition of records.
1220.731  Instructions and forms.

Subpart F--Procedures for the Conduct of a Producer Poll

Definitions


Sec. 1220.701  Act.

    The term Act means the Soybean, Promotion, Research, and Consumer 
Information Act set forth in title XIX, subtitle E of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (Pub. L. 101-624), and 
any amendments thereto.


Sec. 1220.702  Administrator.

    The term Administrator means the Administrator of AMS, or any 
officer or employee of the Department to whom there has been delegated 
or may be delegated the authority to act in the Administrator's stead.


Sec. 1220.703  Agricultural Stabilization and Conservation County 
Committee.

    The term Agricultural Stabilization and Conservation County 
Committee, also referred to as ``ASC County Committee,'' means the 
group of persons within a county who are elected to act as the County 
Agricultural Stabilization and Conservation Committee.


Sec. 1220.704  Agricultural Stabilization and Conservation Service.

    The term Agricultural Stabilization and Conservation Service, also 
referred to as ``ASCS,'' means the Agricultural Stabilization and 
Conservation Service of the Department.


Sec. 1220.705  Agricultural Stabilization and Conservation Service 
County Executive Director.

    The term Agricultural Stabilization and Conservation Service County 
Executive Director, also referred to as ``CED,'' means the person 
employed by the ASC County Committee to execute the policies of the ASC 
County Committee and to be responsible for the day-to-day operation of 
the ASCS county office, or the person acting in such capacity.


Sec. 1220.706  Department.

    The term Department means the United States Department of 
Agriculture.


Sec. 1220.707  Deputy Administrator.

    The term Deputy Administrator means the Deputy or Acting Deputy 
Administrator, State and County Operations, Agricultural Stabilization 
and Conservation Service, U.S. Department of Agriculture.


Sec. 1220.708  Order.

    The term Order means the Soybean Promotion and Research Order.


Sec. 1220.709  Person.

    The term Person means any individual, group of individuals, 
partnership, corporation, association, cooperative, or any other legal 
entity.


Sec. 1220.710  Producer.

    The term Producer means any person engaged in the growing of 
soybeans in the United States who owns, or shares the ownership and 
risk of loss of, such soybeans.


Sec. 1220.711  Public notice.

    The term Public notice means information regarding a producer poll 
that the Secretary shall provide, without advertising expenses, through 
press releases by State and county ASCS offices and other appropriate 
government offices, by means of newspapers, electronic media, county 
newsletters, and the like. Such notice shall contain the dates during 
which the producer poll will be conducted, where it will be conducted, 
eligibility requirements, and other pertinent information.


Sec. 1220.712  Refund referendum.

    The term Refund referendum means a referendum conducted pursuant to 
Sec. 1969(1)(2)(F)(iv) of the Act relating to continuance of authority 
for producers to receive refunds of assessments.


Sec. 1220.713  Representative period.

    The term Representative period means the period designated by the 
Secretary pursuant to Sec. 1970 of the Act.


Sec. 1220.714  Secretary.

    The term Secretary means the Secretary of Agriculture of the United 
States or any other officer or employee of the Department to whom there 
has been delegated or to whom there may be delegated the authority to 
act in the Secretary's stead.


Sec. 1220.715  Soybeans.

    The term Soybeans means all varieties of Glycine max or Glycine 
soja.


Sec. 1220.716  State and United States.

    The terms State and United States include the 50 States of the 
United States of America, the District of Columbia, and the 
Commonwealth of Puerto Rico.

Producer Poll


Sec. 1220.717  General.

    (a) A poll to determine whether eligible producers favor the 
conduct of a refund referendum on the continuance of the payment of 
refunds under the Order shall be conducted in accordance with this 
subpart.
    (b) The poll shall be conducted at the county offices of ASCS.
    (c) If the Secretary determines, based on the poll results, that at 
least 20 percent of all producers (not in excess of one-fifth of which 
may be producers in any one State) support the conducting of a refund 
referendum to determine whether such producers favor the continuation 
of the payment of refunds under the Order, a refund referendum will be 
held within 1 year from that determination.
    (d) If the Secretary determines, based on the poll results, that 
less than 20 percent of all producers (not in excess of one-fifth of 
which may be producers in any one State) favor the conduct of a refund 
referendum, a refund referendum will not be held and refunds will be 
discontinued.


Sec. 1220.718  Supervision of poll.

    The Administrator shall be responsible for conducting the poll in 
accordance with this subpart.


Sec. 1220.719  Eligibility.

    (a) Eligible producers. Each person who was a producer during the 
representative period is entitled to request a refund referendum. Each 
producer entity is entitled to only one request.
    (b) Proxy registration and voting. Proxy registration and voting is 
not authorized.
    (c) An officer or employee of a corporate producer, or any 
guardian, administrator, executor, or trustee of a producer's estate, 
or an authorized representative of any eligible producer entity (other 
than an individual producer), such as a corporation or partnership, may 
register and request a refund referendum on behalf of that entity. Such 
individual must certify that he/she is authorized by such entity to 
take such action.
    (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 engaged in the 
production of soybeans as a producer entity will be entitled to make 
only one request; provided, however, that any individual member of a 
group who is an eligible producer separate from the group may register 
and make a request as a producer.


Sec. 1220.720  Time and place for requesting a refund referendum.

    A poll will be conducted for one day on a date to be determined by 
the Secretary. Eligible persons shall make their requests following the 
procedures in Sec. 1220.723. Except for absentee requests, the polling 
will take place during the business hours of each county ASCS office.


Sec. 1220.721  Facilities for conducting poll.

    Each county ASCS office shall provide adequate facilities and space 
to permit producers to register and to sign Form LS-50 indicating that 
they are requesting that a refund referendum be conducted.


Sec. 1220.722  Certification and request forms.

    A single sheet (Form LS-51) shall be used for certifying 
eligibility and for requesting a refund referendum. The county ASCS 
office, at the request of the producer, will fill out the form, 
including the producer's name and address. The county ASCS office will 
require the producer to read the certification statement and to sign 
his/her name. The form does not require a ``yes'' or ``no.'' Completing 
and signing the Form LS-51 will be considered a request to the 
Secretary to conduct a refund referendum. A combined registration, 
certification, and request form (Form LS-53) shall be used for absentee 
requests. The producer must read and sign the form simultaneously 
registering, certifying eligibility, and requesting that a refund 
referendum be conducted.


Sec. 1220.723  Certification and request procedure.

    (a) In-person. Each producer who wants to request that a refund 
referendum be conducted shall, during the period to be specified by the 
Secretary, request that the county ASCS office in, or serving, the 
county in which the producer resides, enter his/her name and address on 
Form LS-51. Each producer entity shall make its request at the county 
ASCS office in the county in which its headquarters office or business 
is located or at the county office serving the county in which the 
entity's headquarters office or business is located. Producers will be 
required to provide their names and addresses to the county ASCS office 
and to read the certification statement before signing the form. By 
signing the form, producers certify that they or the entity they 
represent were producers during the specified representative period. A 
producer who is requesting a refund referendum on behalf of an entity 
referred to in Sec. 1220.719 certifies by signing the form that he is 
authorized to do so.
    (b) Absentee requests. Individual eligible producers may request 
and obtain a combined registration, certification, and request form 
(Form LS-53) from the county ASCS office of the county in which they 
reside. Eligible producer entities may request Form LS-53 from the 
county in which their main office is located. Only one Form LS-53 shall 
be provided to each eligible producer. Form LS-53 may be requested in 
person or in writing during a specified period which will be announced 
by the Secretary. The county ASCS office shall enter on Form LS-52, 
``Absentee Request List,'' the name and address of each person or 
entity requesting Form LS-53 and the date the form was provided.
    (2) To register, eligible producers must complete and sign Form LS-
53, and certify that:
    (i) They or the entity they represent were producers during the 
specified representative period; and
    (ii) If voting on behalf of an entity referred to in Sec. 1220.719 
they are authorized to do so.
    (3) After completing Form LS-53, a producer must fold the self-
mailer so that the ASCS county office address is properly displayed, 
and mail or deliver the form to the address shown.
    (4) Absentee requests must be received at the appropriate county 
ASCS office during the period to be established. A request shall be 
considered to have been received during the period if it was received 
in the office before the close of business on the final day of the 
established period.


Sec. 1220.724  Lists of registered producers.

    Maintaining security of Forms LS-51 and LS-52. County ASCS offices 
shall at all times maintain control of the master (original) Forms LS-
51 and LS-52. A copy will be posted and available for public inspection 
each day during the polling period and for 2 business days thereafter. 
The form will be posted during regular office hours in a conspicuous 
public location.


Sec. 1220.725  Challenge of eligibility.

    (a) Who may challenge. A person's eligibility to request a refund 
referendum may be challenged by any person.
    (b) Challenge period. A challenge of a person's eligibility to 
request a refund referendum may be made at any time during the polling 
period, but no later than the close of business on the 2nd day after 
the polling period ends.
    (c) Determination of challenges. The ASC County Committee or its 
designee shall make a determination concerning the eligibility of a 
producer who has been challenged and notify challenged producers as 
soon as practicable, but not later than 5 business days after the last 
day of the polling period.
    (d) Challenged names. The names of producers whose eligibility is 
challenged shall be so noted. The notation ``challenged'' shall be made 
next to the name on the Form LS-51 or Form LS-52. After the challenge 
has been resolved, the county ASCS office shall write either 
``eligible'' or ``ineligible'' next to the name on the Form LS-51 or 
Form LS-52. A challenge shall be determined to have been resolved if 
the determination of the ASC County Committee or its designee is not 
appealed within the time allowed for appeal or there has been a 
determination by the ASC County Committee after an appeal.
    (e) Appeal. A person declared to be ineligible to request a refund 
referendum by the ASC County Committee or its designee may file an 
appeal at the county ASCS office within 3 business days after 
notification of such decision. Such person may be required to provide 
documentation such as sales documents or similar documents in order to 
demonstrate his or her eligibility. An appeal shall be determined by 
the ASC County Committee or its designee as soon as practicable, but in 
all cases not later than the 9th business day after the last day of the 
polling period. The ASC County Committee or its designee's 
determination on an appeal is final.


Sec. 1220.726  Canvassing request lists.

    (a) Canvassing procedure. Canvassing of Forms LS-51, LS-52, and LS-
53 shall take place as soon as possible after the opening of county 
ASCS offices on the 10th business day following the last day of the 
polling period. Such canvassing shall be in the presence of at least 
two ASCS employees. CED or designee shall supervise the canvassing 
process and make a determination as to:
    (1) The number of producers signing Forms LS-51 and LS-53 and found 
to be eligible to request a refund referendum, and
    (2) The number of producers signing Forms LS-51 and LS-53 found to 
be ineligible to request a refund referendum.
    (b) The public may witness the review and tabulation of Forms LS-
51, LS-52, and LS-53, but may not interfere with the process.


Sec. 1220.727  ASCS county office report.

    The ASCS county report shall be certified as complete by the CED or 
designee. ASCS county office shall notify ASCS State office of the 
results of the poll. Each ASCS county office shall transmit the results 
of the poll in its county to the ASCS State office. Such report shall 
include, but not be limited to, the number of producers registering to 
request a refund referendum, the number of requests declared invalid, 
and the total number of valid requests to conduct a referendum. The 
results of the poll in each county may be made available to the public 
after the county has reported to the State office. A copy of the report 
of results shall be posted for 30 days in ASCS county office in a 
conspicuous place accessible to the public, and a copy shall be kept on 
file in ASCS county office for a period of at least 12 months.


Sec. 1220.728  ASCS State office report.

    Each ASCS State office shall transmit to the Deputy Administrator, 
ASCS, a written summary of the results of the poll received from all 
ASCS county offices within the State. The summary shall include the 
information on the poll results contained in the reports from all 
county offices within each State and be certified by the ASCS State 
Executive Director. The State ASCS office shall maintain a copy of the 
summary where it shall be available for public inspection for a period 
of not less than 12 months.


Sec. 1220.729  Results of the poll.

    (a) The Deputy Administrator, ASCS, shall submit to the 
Administrator, AMS, the results of the poll. The Administrator, AMS, 
shall prepare and submit to the Secretary a report of the results of 
the poll. The results of the poll shall be issued by the Department in 
an official press release and published in the Federal Register. State 
reports and related papers shall be available for public inspection in 
the office of the Marketing Programs Branch, Livestock and Seed 
Division, AMS, USDA, room 2624 South Agriculture Building, 14th and 
Independence Avenue SW., Washington, D.C.
    (b) If the Secretary deems it necessary, the report of any State or 
county will be re-examined and checked by such persons who may be 
designated by the Deputy Administrator, ASCS, or the Secretary.


Sec. 1220.730  Disposition of records.

    Each ASCS county executive director shall place in sealed 
containers marked with the identification of the soybean producer poll, 
the request lists and county summaries. Such records shall be secured 
in the custody of the ASCS county executive director for a period of 
not less than 12 months after the poll. If no notice to the contrary is 
received from the Deputy Administrator, ASCS, by the end of such time, 
the records shall be destroyed.


Sec. 1220.731  Instructions and forms.

    The Administrator is hereby authorized to prescribe additional 
instructions and forms not inconsistent with the provisions of this 
subpart to govern the conduct of the producer poll.

    Dated: October 11, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-25665 Filed 10-17-94; 8:45 am]
BILLING CODE 3410-02-P