[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56386-56390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27814]



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Part II





Department of Agriculture





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Agricultural Marketing Services



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7 CFR Part 1210



Watermelon Research and Promotion Plan; Referendum Procedures; Final 
Rule and Proposed Rule

  Federal Register / Vol. 66, No. 216 / Wednesday, November 7, 2001 / 
Rules and Regulations  

[[Page 56386]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1210

[FV-01-701 FR]


Watermelon Research and Promotion Plan; Subpart D--Referendum 
Procedures

AGENCY: Agricultural Marketing Service, Agriculture.

ACTION: Final rule.

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SUMMARY: This rule establishes procedures which the U.S. Department of 
Agriculture (USDA or the Department) will use in conducting a 
referendum to determine whether the Watermelon Research and Promotion 
Plan (Plan) and the regulations issued under the Plan should be amended 
to cover all handlers. The Plan will be amended if the amendments are 
approved by a simple majority of the eligible watermelon producers, 
handlers, and importers voting in the referendum. These procedures will 
also be used for any subsequent referenda under the Plan.

EFFECTIVE DATE: December 7, 2001.

FOR FURTHER INFORMATION CONTACT: Daniel R. Manzoni, Research and 
Promotion Branch, FV, AMS, USDA, Stop 0244, 1400 Independence Avenue, 
SW., Room 2535 South Building, Washington, DC 20250-0244; telephone 
(202) 720-9915; facsimile (202) 205-2800; or [email protected]. 

SUPPLEMENTARY INFORMATION: Prior documents. USDA published proposed 
referendum procedures in the Federal Register on April 30, 2001 [66 FR 
21596] with a 60-day comment period. On the same date, USDA published a 
proposed rule on amending the Plan in the Federal Register on April 30, 
2001 [66 FR 21602] with a 60-day comment period.
    A referendum will be conducted among eligible watermelons 
producers, handlers, and importers to determine whether to the Plan and 
the regulations issued under the Plan should be amended to cover all 
handlers of watermelons. The amendments to the Plan will be implemented 
if they are approved by a simple majority of the eligible watermelon 
producers, handlers, and importers voting in the referendum.
    The National Watermelon Promotion Board (Board) administers the 
Plan under the supervision of the USDA. The Plan was issued under the 
Watermelon Research and Promotion Act (Act) in 1989.
    The Board conducts promotion, consumer information, industry 
information, and research programs. To fund these activities, producers 
and first handlers pay 2 cents per hundredweight (cwt.) on the 
watermelons that they produce or handle, respectively, and importers 
pay 4 cents per cwt. on the foreign watermelons they import into the 
United States. First handlers collect the assessments from producers of 
10 or more acres of watermelons and send the producer assessment to the 
Board along with their handler assessments. The assessments on imported 
watermelons are collected by the U.S. Customs Service (Customs) at the 
time the watermelons enter the United States. Customs remits the 
assessments to the Board. Importers of less than 150,000 pounds of 
watermelons annually may request reimbursement of their assessments.
    The Board has recommended amending the Plan to cover all handlers 
of domestic watermelons-not just first handlers- and that these 
handlers pay assessments on all watermelons they handle, including any 
watermelons handled after their importation into the United States. The 
additional handlers would be wholesalers, persons who arrange the sale 
or transfer of watermelons (such as brokers), and fresh-cut processors. 
Watermelon producers, handlers, and importers will vote in a referendum 
on whether the amendment will be adopted.

Question and Answer Overview

Why Are These Referendum Procedures Being Published?

    USDA will conduct a national referendum on amending the Plan in the 
near future. In order to conduct the referendum, procedures need to be 
established. The proposed amendments would require all handlers (not 
just first handlers) to pay assessments to the Board for the first 
time. These procedures are being made final in advance of the 
referendum and will help ensure that members of the watermelon industry 
know the eligibility criteria for voting and other pertinent 
information.

When Is the Referendum?

    The voting period for the referendum will be from December 3, 2001 
through January 11, 2002. The Agricultural Marketing Service (AMS) will 
mail all known eligible voters a ballot, details on the proposed 
amendments, and voting instructions on or about November 19, 2001.

Who Is Eligible to Vote in the Referendum?

    If the following persons produced, handled, or imported watermelons 
in calendar year 2000, they may vote in the referendum: Current 
producers of 10 or more acres of watermelons; watermelon handlers 
(including first handlers, wholesalers, fresh-cut processors, and 
anyone who arranges the sale or transfer of watermelons); watermelon 
importers of 150,000 or more pounds of watermelons annually; and 
importers who import less than 150,000 pounds of watermelons annually 
and did not apply for and receive reimbursement of assessments.

How Can I Vote in the Referendum?

    Voting will take place by mail. All known eligible watermelon 
producers, handlers, and importers will receive a ballot and voting 
instructions in the mail from USDA. Producers, handlers, and importers 
who believe they are eligible to vote and who do not receive a ballot 
in the mail may request a ballot by calling a toll-free telephone 
number. The ballot must be received by USDA by close of business on 
January 11, 2002.

How Will USDA Make Certain That Only Eligible Persons Vote in the 
Referendum?

    USDA will use Board records to verify voter eligibility and may 
request evidence of eligibility from persons unknown to the Board.

How Will USDA Make Certain That Every Eligible Person Has The 
Opportunity to Vote?

    Persons may call 1-888-729-9917 (toll-free) to request a ballot if 
they do not receive a ballot and they believe they are eligible to 
vote. These persons will be required to provide documentation of their 
eligibility to vote.

How Will the Vote in the Referendum Be Tabulated?

    Each eligible producer, handler, and importer will be allowed one 
vote in the referendum. In order to be implemented, the amendment must 
be approved by a simple majority of the eligible watermelon producers, 
handlers, and importers voting in the referendum.

Executive Orders 12866 and 12988

    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866 and therefore has not been 
reviewed by the Office of Management and Budget (OMB).

[[Page 56387]]

    This rule has been reviewed under E.O. 12988, Civil Justice Reform. 
It is not intended to have retroactive effect. This rule will not 
preempt any State or local laws, regulations, or policies, unless they 
present an irreconcilable conflict with this rule.
    Under Section 1650 of the Act, non-exempt producers, handlers, and 
importers of watermelons may file a written petition with the Secretary 
of Agriculture (Secretary) if they believe that the Plan, any provision 
of the Plan, or any obligation imposed in connection with the Plan, is 
not in accordance with law. In the petition, the person may request a 
modification of the Plan or an exemption from the Plan. The petitioner 
will have the opportunity for a hearing on the petition. Afterwards, an 
Administrative Law Judge (ALJ) will issue a decision. If the petitioner 
disagrees with the ALJ's decision, the petitioner has 30 days to appeal 
to the Judicial Officer, who will issue a ruling on behalf of the 
Secretary. If the petitioner disagrees with the Secretary's ruling, the 
petitioner may file, within 20 days, an appeal in the U.S. District 
Court for the district where the petitioner resides or conducts 
business.

Regulatory Flexibility Act and Paperwork Reduction Act

    Final Regulatory Flexibility Analysis. In accordance with the 
Regulatory Flexibility Act (RFA) [5 U.S.C. 601 et seq.], the 
Agricultural Marketing Service (AMS) 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.
    In 13 CFR 121.201, the Small Business Administration defines small 
agricultural service firms (handlers and importers) as those having 
annual receipts of less than $5 million and small agricultural 
producers as those having annual receipts of not more than $750,000.
    Approximately 2,220 domestic watermelon producers, 1,170 domestic 
watermelon handlers, and 280 importers of foreign watermelons will be 
eligible to vote under these referendum procedures. Currently, there 
are approximately 620 first handlers who are subject to the provisions 
of the Plan. An additional estimated 480 wholesalers and persons who 
arrange the sale or transfer of watermelons (such as brokers) and 70 
fresh-cut processors will also be subject to the Plan if the amendment 
is approved in the referendum. A majority of these producers, handlers, 
and importers may be classified as small entities.
    This final rule creates a new Subpart D-Referendum Procedures [7 
CFR 1210.600-1210.607] under the Plan. The procedures will be used in 
conducting referenda under the Act and the Plan. Initially, the 
procedures will be used for a referendum during which eligible 
watermelon producers, handlers, and importers will vote on proposed 
amendments to the Plan. The amendments would revise the Plan and the 
regulations under the Plan to include all handlers. A proposed rule on 
the amendments is published separately in this issue of the Federal 
Register.
    USDA will keep the watermelon industry informed throughout the 
referendum process to ensure that they are aware of and are able to 
participate in the referendum. USDA will also publicize information 
regarding the referendum process, so that trade associations and 
related industry media can be kept informed.
    Voting in the referendum is optional. However, if producers, 
handlers, and importers choose to vote, the burden of casting a ballot 
will be offset by the benefits of having the opportunity to vote on 
whether the Plan should be amended.
    The information collection requirements contained in this rule are 
designed to minimize the burden on producers, handlers, and importers 
voting in referenda. The estimated additional annual cost of providing 
the information by the estimated 3,670 persons eligible to vote in 
referenda is $2,290 or $0.62 per voter.
    USDA considered requiring eligible voters to vote in person at 
various USDA offices across the country. USDA also considered 
electronic voting but noted the use of computers is not universal. USDA 
will continue to monitor the technology, reliability, and security in 
this area, and, if it becomes feasible to use electronic voting in the 
future, USDA will advise the industry at that time. However, conducting 
the referendum from one central location will be more cost-effective 
and reliable. The Department will provide easy access to information 
for potential voters through a toll-free telephone line.
    There are no federal rules that duplicate, overlap, or conflict 
with this rule.
    AMS has performed this final Regulatory Flexibility Analysis 
regarding the impact of this rule on small entities.
    Paperwork Reduction Act. In accordance with OMB regulation [5 CFR 
1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. 
Chapter 35], the referendum ballot represents the information 
collection imposed by this rule.
    Approximately 2,220 watermelon producers, 1,170 domestic watermelon 
handlers, and 280 importers of foreign watermelons will be eligible to 
vote in the referendum.
    The ballot was previously approved for use under OMB Number 0581-
0093. However, the number of producers, handlers, and importers 
eligible to vote in referenda has changed. The new burden was submitted 
to OMB and has been approved by OMB.
    Title: National Research, Promotion, and Consumer Information 
Programs.
    OMB Number: 0581-0093.
    Expiration Date of Approval: July 31, 2004.
    Type of Request: Revision of a currently approved information 
collection for advisory committees and boards and for research and 
promotion programs.
    Abstract: The information collection requirements in this rule are 
essential to carry out the intent of the Act. The new burden associated 
with the ballot is as follows:
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.5 hours per response.
    Respondents: Eligible producers, handlers, and importers.
    Estimated Number of Respondents: 3,670.
    Estimated Number of Responses per Respondent: 1 every 8 years 
(0.125).
    Estimated Total Annual Burden on Respondents: 229 hours.
    The estimated additional annual cost of providing the information 
by the estimated 3,670 persons eligible to vote in referenda is $2,290 
or $0.62 per voter. The currently approved burden for the ballot is 
183.5. Therefore, the new burden estimate represents an increase of 46 
hours which has been added under OMB No. 0581-0093.
    In the proposed rule published on April 30, 2001, comments were 
invited on:(a) Whether the proposed additional collection of 
information is necessary and whether it will have practical utility; 
(b) the accuracy of USDA's estimate of the burden of the proposed 
increase in the collection of information, including the validity of 
the methodology and assumption used; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collection of information on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other

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technological collection techniques or other forms of information 
technology.
    One comment was received by the June 29, 2001, deadline. The 
commenter stated that the estimate of the burden associated with the 
ballot is accurate, but the burden could be reduced if USDA allowed 
electronic voting in addition to the mail ballot. USDA is exploring the 
feasibility of electronic voting and will notify voters if this option 
is implemented in the future. USDA will continue to monitor the 
technology, reliability, and security in this area, and, if it becomes 
feasible to use electronic voting in the future, USDA will advise the 
industry at that time.

Background

    The Board conducts promotional, consumer information, industry 
information, and research programs. To fund these activities, producers 
and handlers pay 2 cents per hundredweight (cwt.) on the watermelon 
that they produce or handle, respectively, and importers pay 4 cents 
per cwt. on the foreign watermelons they import into the United States. 
Handlers collect the assessments from producers of 10 acres or more of 
watermelons and send the producer assessment to the Board along with 
their handler assessments. The assessments on imported watermelons are 
collected by the U.S. Customs Service (Customs) at the time the 
watermelons enter the United States. Customs remits the assessments to 
the Board. Importers of less than 150,000 pounds of watermelons 
annually may request reimbursement of their assessments.
    The Board has recommended that the Plan and its rules and 
regulations be amended to cover all handlers of watermelons. A proposed 
rule on the amendment is published separately in this issue of the 
Federal Register.
    Section 1655(a) of the Act requires that amendments to the Plan 
must be approved by the industry in a referendum. Section 1653(b) 
provides that amendments will not take effect unless they are approved 
by a majority of eligible voters who vote. Therefore, a referendum is 
required for the proposed amendment.
    The referendum procedures provide that the following persons are 
eligible to vote in referenda: Producers of 10 or more acres of 
watermelons; all handlers; importers of 150,000 pounds or more 
annually; and importers who imported less than 150,000 pounds of 
watermelons annually and did not apply for and receive reimbursement of 
assessments. In the referendum to determine whether the industry favors 
expanding coverage of the Plan to all handlers (not just first 
handlers), the additional handlers will be allowed to vote as if this 
amendment were in place during the representative period and at the 
time of the referendum. The additional handlers include wholesalers, 
anyone who arranges the sale or transfer of watermelons (such as 
brokers), and fresh-cut processors. If the proposed amendment is 
approved in the referendum, the additional handlers would vote in 
subsequent referenda. If the proposed amendment is not approved in the 
referendum, the additional handlers would not vote in future referenda.
    This rule adds a new Subpart D--Referendum Procedures [7 CFR 
1210.600-1210.607] to 7 CFR part 1210. The procedures cover 
definitions, voting, instructions, subagents, ballots, referendum 
report, and confidential information.
    In addition, this rule: (1) Redesignates Subpart--Watermelon 
Research and Promotion Plan [7 CFR 1210.301-1210.367] as Subpart A; (2) 
redesignates and renames Subpart--Procedures for Nominating Members to 
the National Watermelon Promotion Board [7 CFR 1210.400-1210.405] as 
Subpart B--Nomination Procedures; and redesignates Subpart--Rules and 
Regulations [7 CFR 1210.500-1210.540] as Subpart C.
    A proposed rule on these actions was published on April 30, 2001, 
in the Federal Register [66 FR 21596]. By the June 29, 2001, deadline 
for comments, we received two comments. One commenter suggested 
conducting the referendum by mail and electronic voting. USDA is 
exploring the possibility of providing watermelon producers, handlers, 
and importers the opportunity to vote electronically in future 
referenda. USDA will continue to monitor the technology, reliability, 
and security in this area, and, if it becomes feasible to use 
electronic voting in the future, USDA will advise the industry at that 
time. Another comment was received. However, this commenter essentially 
asserted that the program is a large burden and expense for his company 
and that he is opposed to the Plan. The comment did not specifically 
address the proposed referendum rules. Accordingly, the proposed rule 
is made final without change.

List of Subjects in 7 CFR Part 1210

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Reporting and recordkeeping 
requirements, Watermelon promotion.

    For the reasons set forth in the preamble, Title 7, chapter XI of 
the Code of Federal Regulations, is amended as follows:

PART 1210--WATERMELON RESEARCH AND PROMOTION

    1. The authority citation for 7 CFR part 1210 continues to read as 
follows:

    Authority: 7 U.S.C. 4901-4912.


    2. Revise the subpart heading for ``Subpart--Watermelon Research 
and Promotion Plan'' to read as follows:

Subpart A--Watermelon Research and Promotion Plan

    3. Revise the subpart heading for ``Subpart--Procedures for 
Nominating Members to the National Watermelon Promotion Board'' to read 
as follows:

Subpart B--Nominating Procedures

    4. Revise the subpart heading for ``Subpart--Rules and 
Regulations'' to read as follows:

Subpart C--Rules and Regulations

    5. Add a new Subpart D-Referendum Procedures to read as follows:
Subpart D--Referendum Procedures
Sec.
1210.600  General.
1240.601  Definitions.
1240.602  Voting.
1240.603  Instructions.
1240.604  Subagents.
1240.605  Ballots.
1240.606  Referendum report.
1240.607  Confidential information.

Subpart D--Referendum Procedures


Sec. 1240.600  General.

    Referenda to determine whether eligible producers, handlers, and 
importers favor the continuation, suspension, termination, or amendment 
of the Watermelon Research and Promotion Plan shall be conducted in 
accordance with this subpart.


Sec. 1240.601  Definitions.

    Unless otherwise defined in this section, the definition of terms 
used in these procedures shall have the same meaning as the definitions 
in the Plan.
    (a) Administrator means the Administrator of the Agricultural 
Marketing Service, with power to redelegate, or any officer or employee 
of the Department to whom authority has been delegated or may hereafter 
be delegated to act in the Administrator's stead.
    (b) Department means the United States Department of Agriculture.

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    (c) Eligible handler means any person (except a common contract 
carrier of watermelons owned by another person) who handles 
watermelons, including a producer who handles watermelons of the 
producer's own production, subject to the provisions of 
Sec. 1210.602(a) of this chapter, who handles watermelons as a person 
performing a handling function and either:
    (1) Takes title or possession of watermelons from a producer and 
directs the grading, packing, transporting, and selling of the 
watermelons in the current of commerce;
    (2) Purchases watermelons from producers;
    (3) Purchases watermelons from handlers;
    (4) Purchases watermelons from importers; or
    (5) Arranges the sale or transfer of watermelons from one party to 
another and takes title or possesssion of the watermelons: Provided, 
That harvest crews and common carriers who collect and transport 
watermelons from the field to a handler are not handlers and that 
retailers, wholesale retailers, foodservice distributors, and 
foodservice operators are not handlers.
    (d) Eligible importer means any person who imports 150,000 pounds 
or more watermelons annually into the United States as principal or as 
an agent, broker, or consignee for any person who produces watermelons 
outside the United States for sale in the United States. An importer 
who imports less than 150,000 pounds of watermelons annually and did 
not apply for and receive reimbursement of assessments is also an 
eligible importer.
    (e) Eligible producer means any person who is engaged in the 
growing of 10 or more acres of watermelons, including any person who 
owns or shares the ownership and risk of loss of such watermelon crop. 
A person who shares the ownership and risk of loss includes a person 
who:
    (1) Owns and farms land, resulting in ownership, by said producer, 
of the watermelons produced thereon;
    (2) Rents and farms land, resulting in ownership, by said producer, 
of all or a portion of the watermelons produced thereon; or
    (3) Owns land which said producer does not farm and, as rental for 
such land, obtains the ownership of a portion of the watermelons 
produced thereon. Ownership of, or leasehold interest in land, and the 
acquisition, in any manner other than set forth in this subpart, of 
legal title to the watermelons grown on said land, shall not be deemed 
to result in such owners or lessees becoming producers. Persons who 
produce watermelons for non-food uses are not producers for the 
purposes of this subpart.
    (f) Person means any individual, group of individuals, partnership, 
corporation, association, cooperative, or any other entity. For the 
purpose of this definition, the term partnership includes, but is not 
limited to:
    (1) A husband and wife who have title to, or leasehold interest in, 
land as tenants in common, joint tenants, tenants by the entirety, or, 
under community property laws, as community property, and
    (2) So-called joint ventures wherein one or more parties to the 
agreement, informal or otherwise, contributed land and others 
contributed capital, labor, management, equipment, or other services, 
or any variation of such contributions by two or more parties, so that 
it results in the production, handling, or importation of watermelons 
for market and the authority to transfer title to the watermelons so 
produced, handled, or imported.
    (g) Referendum agent or agent means the individual or individuals 
designated by the Secretary to conduct the referendum.
    (h) Representative period means the period designated by the 
Secretary pursuant to the Act.


Sec. 1240.602  Voting.

    (a) Each person who is an eligible producer, handler, or importer 
as defined in this subpart, at the time of the referendum and who also 
was a producer, handler, or importer during the representative period, 
shall be entitled to one vote in the referendum: Provided, That each 
producer in a landlord-tenant relationship or a divided ownership 
arrangement involving totally independent entities cooperating only to 
produce watermelons in which more than one of the parties is a 
producer, shall be entitled to one vote in the referendum covering only 
that producer's share of the ownership: Provided further, That the vote 
of a person who both produces and handles watermelons will be counted 
as a handler vote if the producer purchased watermelons from other 
producers, in a combined total volume that is equal to 25 percent or 
more of the producer's own production; or the combined total volume of 
watermelon handled by the producer from the producer's own production 
and purchased from other producer's production is more than 50 percent 
of the producer's own production: Provided further, That the vote of a 
person who both imports and handles watermelons will be counted as an 
importer vote if that person imports 50 percent or more of the combined 
total volume of watermelons handled and imported by that person.
    (b) Proxy voting is not authorized, but an officer or employee of a 
corporate producer, handler, or importer, or an administrator, 
executor, or trustee of a producing, handling, or importing entity may 
cast a ballot on behalf of such entity. Any individual so voting in a 
referendum shall certify that the individual is an officer, employee of 
the producer, handler, or importer, or an administrator, executor, or 
trustee of a producing, handling, or importing entity and that the 
individual has the authority to take such action. Upon request of the 
referendum agent, the individual shall submit adequate evidence of such 
authority.
    (c) Casting of ballots. All ballots are to be cast as instructed by 
the Secretary.


Sec. 1240.603  Instructions.

    The referendum agent shall conduct the referendum, in the manner 
provided in this section, under the supervision of the Administrator. 
The Administrator may prescribe additional instructions, not 
inconsistent with the provisions in this section, to govern the 
procedure to be followed by the referendum agent. Such agent shall:
    (a) Determine the period during which ballots may be cast.
    (b) Provide ballots and related material to be used in the 
referendum. The ballot shall provide for recording essential 
information, including that needed for ascertaining whether the person 
voting, or on whose behalf the vote is cast, is an eligible voter.
    (c) Give reasonable public notice of the referendum:
    (1) By utilizing available media or public information sources, 
without incurring advertising expense, to publicize the voting period, 
method of voting, eligibility requirements, and other pertinent 
information. Such sources of publicity may include, but are not limited 
to, print and radio; and
    (2) By such other means as said agent may deem advisable.
    (d) Mail to eligible producers; importers; and in the case of an 
order assessing handlers, handlers whose names and addresses are known 
to the referendum agent; the instructions on voting; a ballot; and a 
summary of the terms and conditions to be voted upon. No person who 
claims to be eligible to vote shall be refused a ballot. However, such 
persons may be required to submit evidence of their eligibility.
    (e) At the end of the voting period, collect, open, number, and 
review the

[[Page 56390]]

ballots and tabulate the results in the presence of an agent of a third 
party authorized to monitor the referendum process.
    (f) Prepare a report on the referendum.
    (g) Announce the results to the public.


Sec. 1240.604  Subagents.

    The referendum agent may appoint any individual or individuals 
necessary to assist the agent in performing such agent's functions 
hereunder. Each individual so appointed may be authorized by the agent 
to perform any or all of the functions which, in the absence of such 
appointment, shall be performed by the agent.


Sec. 1240.605  Ballots.

    The referendum agent and subagents shall accept all ballots cast. 
However, if an agent or subagent deems that a ballot should be 
questioned for any reason, the agent or subagent shall endorse above 
their signature, on the ballot, a statement to the effect that such 
ballot was questioned, by whom questioned, why the ballot was 
questioned, the results of any investigation made with respect to the 
questionable ballot, and the disposition of the questionable ballot. 
Ballots invalid under this subpart shall not be counted.


Sec. 1240.606  Referendum report.

    Except as otherwise directed, the referendum agent shall prepare 
and submit to the Administrator a report on the results of the 
referendum, the manner in which it was conducted, the extent and kind 
of public notice given, and other information pertinent to analysis of 
the referendum and its results.


Sec. 1240.607  Confidential information.

    All ballots cast and their contents and all other information or 
reports furnished to, compiled by, or in possession of, the referendum 
agent or subagents that reveal, or tend to reveal, the identity or vote 
of any producer, handler, or importer of watermelons shall be held 
strictly confidential and shall not be disclosed.

    Dated: October 30, 2001.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 01-27814 Filed 11-6-01; 8:45 am]
BILLING CODE 3410-02-P