[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 10111-10112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5048]


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NORTHEAST DAIRY COMPACT COMMISSION

7 CFR Part 1301


Results of Producer Referendum on Compact Over-Order Price 
Regulation

AGENCY: Northeast Dairy Compact Commission.

ACTION: Notice of referendum results.

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SUMMARY: The Northeast Dairy Compact Commission adopted an over-order 
price regulation by Final Rule on January 26, 1998, which is published 
elsewhere in this issue. To become effective the price regulation must 
be approved by at least two-thirds of all producers voting by 
referendum. A producer referendum was held during the period of 
February 10 through February 20, 1998. The Commission's price 
regulation was approved by more than two-thirds of all producers voting 
in the referendum.

ADDRESSES: Northeast Dairy Compact Commission, 43 State Street, P.O. 
Box 1058, Montpelier, Vermont 05601.

FOR FURTHER INFORMATION CONTACT: Daniel Smith, Executive Director, 
Northeast Dairy Compact Commission at the above address or by telephone 
at (802) 229-1941 or by facsimile at (802) 229-2028.

SUPPLEMENTARY INFORMATION: The Compact Commission was established under 
the authority of the Northeast Interstate Dairy Compact (``Compact''). 
The Compact was enacted into law by each of the six participating New 
England states as follows: Connecticut--Pub. L. 93-320; Maine--Pub. L. 
89-437, as amended, Pub. L. 93-274; Massachusetts --Pub. L. 93-370; New 
Hampshire--Pub. L. 93-336; Rhode Island--Pub. L. 93-106; Vermont--Pub. 
L. 89-95, as amended, 93-57. Consistent with Article I, Section 10 of 
the United States Constitution, Congress consented to the Compact in 
Pub. L. 104-127 (FAIR ACT), Section 147, codified at 7 U.S.C. 
Sec. 7256. Subsequently, the United States Secretary of Agriculture, 
pursuant to 7 U.S.C. Sec. 7256(1), authorized implementation of the 
Compact.
    Article V, Section 13(a) of the Compact provides that to ascertain 
whether a price regulation established by the Commission is approved by 
producers the Commission shall conduct a referendum among producers. 
Section 13(b) provides further that a price regulation shall be deemed 
approved by producers if the Commission determines that it is approved 
by at least two-thirds of the voting producers who, during a 
representative period, have been engaged in the production of milk 
subject to Commission price regulation. Section 13(c) directs the 
Commission to consider the approval or disapproval of any qualified 
cooperative association by block vote as the approval or disapproval of 
the producers who are members or stockholders in the cooperative 
association. Section 13 (c)(4) provides that producers who are members 
of cooperatives may express their approval or disapproval of the order 
by ballot, and the Commission shall remove their vote from the total 
certified by the Cooperative.
    By Final Rule, published in this Federal Register, the Commission 
adopted an amendment to the over-order price regulation on January 26, 
1998, which is published elsewhere in this issue. The Final Rule 
includes specific findings of fact required under Section 12(a)(1)-(4) 
of the Compact. The following notice provides certification of the 
finding required under Section 12(a)(4), specifically: ``Whether the 
terms of the proposed regional order or amendment are approved by 
producers as provided in section 13.''
    The Commission adopted the following resolution for certifying a 
referendum vote at its January 26, 1998 meeting:

    The Compact Commission resolves and adopts this procedure for 
certifying whether the price regulation adopted by this final rule 
has been duly approved by producer referendum in accordance with 
Compact Article V, section 12.
    Mae Schmidle, Vice-Chair, is hereby designated as ``Referendum 
Agent'' and authorized to administer this procedure.
    The designated Referendum Agent shall:
    1. Verify all ballots with respect to timeliness, producer 
eligibility, cooperative identification, authenticity and other 
steps taken to avoid duplication of ballots. Verification of ballots 
shall include those cast individually by block vote. Ballots 
determined by the Referendum Agent to be invalid shall be marked 
``disqualified'' with a notation of the reason for disqualification. 
Disqualified ballots shall not be considered in determining approval 
or disapproval of the regulation.
    2. Compute and certify the following:
    A. The total number of ballots cast.
    B. The total number of ballots disqualified.
    C. The total number of verified ballots cast in favor of the 
price.
    D. The total number of verified ballots cast in opposition to 
the price regulation.
    E. Whether two-thirds of all verified ballots were cast in the 
affirmative.
    3. Report to the Executive Director of the Compact Commission 
the certified computations and results of the referendum under 
Section 2.
    4. At the completion of his or her work, seal all ballots, 
including the disqualified ballots, and shall submit a final report 
to the Executive Director stating all actions taken in connection 
with the referendum. The final report shall include all ballots cast 
and all other information furnished to or compiled by the Referendum 
Agent.
    The ballots cast, the identity of any person or cooperative, or 
the manner in which any person or cooperative voted, and all 
information furnished to or compiled by the Referendum Agent shall 
be regarded as confidential.
    The Executive Director shall publish the certified results of 
the referendum in the Federal Register.

    A referendum was held during the period of February 10 through 
February 20, 1998. All producers who were producing milk pooled in 
Federal Order #1 or for consumption in New England, during August of 
1997, the representative period determined by the Commission were 
deemed eligible to vote. The mailing of ballots to eligible producers 
was completed on February 10, 1998 by the Federal Order #1 Market 
Administrator. The ballots included an official summary of the 
Commission's action. Producers were notified that, to be counted, their 
ballots had to be returned to the Commission offices by 5:00 pm on 
February 20, 1998.
    Twelve Cooperative Associations were notified of the procedures 
necessary to block vote by letter dated February 4, 1998. Cooperatives 
were required to provide prior written notice of their intention to 
block vote to all members on a form provided by the Commission, and to 
certify to the Commission that (1) timely notice was provided, (2) the 
number of eligible producers for whom they claimed to be voting, and 
(3) that they were qualified under the Capper-Volstead Act. Cooperative 
Associations were further notified that Cooperative Association block 
vote reporting forms had to be

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returned to the Commission offices by 5:00 pm on February 20, 1998.

Notice

    On February 23, 1998 the referendum agent 1 verified all 
Ballots according to procedures and criteria established by the 
Commission. A total of 4,193 ballots were mailed to eligible producers. 
All ballots and Block Vote Reporting Forms received by the Commission 
were opened and counted. A total of 392 producer ballots and 10 
cooperative association Block Vote Reporting forms were received in the 
Commission office. Ballots and Block Vote Reporting forms were verified 
or disqualified based on criteria established by the Commission, 
including timeliness, cooperative identification by cooperative 
members, producer eligibility, appearance of authenticity, appropriate 
certifications by cooperative associations and other steps taken to 
avoid duplication of ballots. Ballots determined by the referendum 
agent to be invalid were marked ``disqualified'' with a notation as to 
the reason. A total of 66 ballots were disqualified by the referendum 
agent.
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    \1\ Chair of the Commission Michael Wiers substituted for Mae 
Schmidle as referendum agent on the designated date.
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    Block votes cast by Cooperative Associations were then counted. A 
total of 10 Cooperative Associations cast affirmative block votes on 
behalf of a total of 2,435 producer members. No cooperative 
associations cast a block vote in opposition to the price regulation. 
Producer votes against their cooperative associations block vote were 
then counted for each cooperative association. A total of 27 producer 
cooperative association members cast votes in opposition to the price 
regulation and to their cooperative association's vote. These votes 
were deducted from the cooperative association's total and were counted 
as a No vote. A total of 59 ballots were returned by cooperative 
members who cast votes in the affirmative.
    Votes of independent producers were then counted. A total of 201 
independent producers returned ballots marked in the affirmative. A 
total of 74 independent producers returned ballots marked in 
opposition.
    The referendum agent then certified the following:
    A total of 4,193 ballots were mailed to eligible producers.
    A total of 2,741 ballots were returned to the Commission.
    A total of 66 ballots were disqualified.
    A total of 2,675 ballots were verified.
    A total of 2,563 verified ballots were cast in favor of the price 
regulation.
    A total of 112 verified ballots were cast in opposition to the 
price regulation.
    Accordingly, pursuant to the Referendum Approval Certification 
Procedure resolution adopted by the Northeast Dairy Compact Commission 
on January 26, 1998, I hereby provide notice that 2,563 verified 
ballots of 2,675 verified ballots cast were in favor of the price 
regulation, and therefore two-thirds of all verified ballots were cast 
in the affirmative.
Daniel Smith,
Executive Director.
[FR Doc. 98-5048 Filed 2-26-98; 8:45 am]
BILLING CODE 1650-01-P