[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Rules and Regulations]
[Pages 7261-7265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3796]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 33 / Tuesday, February 19, 2002 / 
Rules and Regulations  

[[Page 7261]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1219

[FV-01-706-FR]


Hass Avocado Promotion, Research, and Information Order; 
Referendum Procedures

AGENCY: Agricultural Marketing Service, Agriculture.

ACTION: Final rule.

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

SUMMARY: This rule establishes procedures which the Department of 
Agriculture (USDA or the Department) will use in conducting a 
referendum to determine whether the issuance of the proposed Hass 
Avocado Promotion, Research, and Information Order (Order) is favored 
by the producers and importers of Hass avocados. The Order will be 
implemented if it is approved by a simple majority of the producers and 
importers voting in the referendum. These procedures will also be used 
for any subsequent referendum under the Order, if it is approved in the 
initial referendum. The proposed Order is being published in a separate 
document. This proposed program would be implemented under the Hass 
Avocado Promotion, Research, and Information Act of 2000.

DATES: February 20, 2002.

FOR FURTHER INFORMATION CONTACT: Julie A. Morin, Research and Promotion 
Branch, Fruit and Vegetable Programs, AMS, USDA, Stop 0244, 1400 
Independence Avenue, SW., Room 2535-S, Washington, DC 20250-0244; 
telephone (888) 720-9917, fax (202) 205-2800, or [email protected].

SUPPLEMENTARY INFORMATION: A referendum will be conducted among 
eligible producers and importers of Hass avocados to determine whether 
they favor issuance of the proposed Hass Avocado Promotion, Research, 
and Information Order (Order) [7 CFR Part 1219]. The program will be 
implemented if it is approved by a simple majority of the producers and 
importers voting in the referendum. The Order is authorized under the 
Hass Avocado Promotion, Research, and Information Act of 2000 (Act) [7 
U.S.C. 7801-7813]. It would cover domestic and imported Hass avocados. 
A proposed Order is being published separately in this issue of the 
Federal Register.
    Prior documents: A proposed rule was published in the Federal 
Register on July 13, 2001 [66 FR 36886], with a 45-day comment period. 
Subsequently, USDA published a notice in the Federal Register on August 
28, 2001 [66 FR 45188], extending the comment period by 15 days, to 
September 12, 2001. In addition, USDA published a proposed rule on the 
proposed Hass Avocado Promotion, Research, and Information Order in the 
Federal Register on July 13, 2001 [66 FR 36870], with a 45-day comment 
period. The comment period on this rule was also extended 15 days. 
These comment periods were extended one day due to mail service being 
shut down on September 11-12, 2001.

Question and Answer Overview

Why Are These Referendum Procedures Being Issued?

    These procedures are needed to conduct the referendum on the 
proposed Order. The Order will be implemented if it is approved by a 
simple majority of the eligible voters in the referendum.

When Will the Referendum Be Held?

    The provisions of a proposed Hass Avocado Promotion, Research, and 
Information Order will be published in this issue of the Federal 
Register. A referendum order will be published in the Federal Register 
after a bond or irrevocable letter of credit has been posted by the 
California Avocado Commission. The representative period for 
eligibility for voting in the referendum and the dates for registration 
and for voting will be announced in the referendum order.

Who Is Eligible To Vote in the Referendum?

    Each eligible producer and importer will be allowed to register to 
vote in the referendum. An eligible producer or importer will have 
produced or imported Hass avocados for at least one year prior to the 
referendum.

How Do I Register To Vote?

    USDA will provide all known Hass avocado producers and importers 
with registration instructions. Registration may be done by mail or 
fax.

How Can I Vote in the Referendum?

    All registered producers and importers will receive a ballot and 
voting instructions in the mail from USDA. Voting will take place by 
mail and fax. The ballot must be received by USDA by the close of 
business on the last day of the voting period.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. Section 
1212 of the Act states that the Act may not be construed to preempt or 
supersede any other program relating to Hass avocado promotion, 
research, industry information, and consumer information organized 
under the laws of the United States or of a state.
    Under Section 1207 of the Act, a person subject to the Order may 
file a petition with the Department 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 
requesting 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 two 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. The Act provides 
that the district court of the United States for any district in which 
the petitioner resides or conducts business shall be the jurisdiction 
to 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 
entry of the Department's final ruling.

Executive Order 12866

    This rule has been determined not significant for purposes of 
Executive Order 12866 and, therefore, has not

[[Page 7262]]

been reviewed by the Office of Management and Budget.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 
601 et seq.], the Agency 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 action so that small 
businesses will not be disproportionately burdened.
    The Act, which authorizes the Department to implement a research 
and promotion program covering domestic and imported Hass avocados, 
became effective on October 23, 2000.
    This rule establishes the procedures under which producers and 
importers may vote on whether they want a national promotion, research, 
and information program to be implemented for Hass avocados. Producers 
and importers of Hass avocados who have produced or imported Hass 
avocados for at least one year prior to the referendum will be eligible 
to vote. This rule adds a new subpart which establishes procedures to 
conduct the initial and future referenda. The subpart covers 
definitions, registration, voting instructions, use of subagents, 
ballots, the referendum report, and confidentiality of information.
    There are approximately 6,000 producers and 200 importers who will 
be eligible to vote in the referendum.
    The Small Business Administration [13 CFR 121.201] defines small 
agricultural producers as those having annual receipts of $750,000 or 
less annually and small agricultural service firms as those having 
annual receipts of $5 million or less. Importers would be considered 
agricultural service firms. Using these criteria, most producers and 
importers would be considered small businesses.
    The Act authorizes assessments on fresh, frozen, and processed Hass 
avocados. However, initially only fresh Hass avocados will be assessed. 
Therefore, only producers and importers of fresh Hass avocados will 
covered by the initial referendum.
    According to USDA's National Agricultural Statistics Service 
(NASS), total U.S. production of avocados during the 2000-2001 season 
was 234,320 tons, most of which was utilized fresh except for a small 
processed quantity that NASS included in fresh utilization to protect 
the confidentiality of individual operations. The value of the 2000-
2001 crop was $321 million. Production in 2000-2001 was up 28 percent 
from the previous year's total of 183,300 tons, which had a value of 
$379 million.
    In 2000-2001, California accounted for more than 89 percent of U.S. 
avocado production, followed by Florida (nearly 11 percent) and Hawaii 
(about 0.1 percent). Hass avocados account for about 85 percent of the 
total California avocado crop.
    Avocados are imported in both fresh and processed forms. In 2000, 
fresh avocado importers accounted for about 75 percent of the total 
tonnage of fresh and processed avocados imported. Imported fresh 
avocados totaled 86,667 tons, up 21 percent from 1999.
    The total import value for fresh and processed avocados was $149 
million in 2000, up from $105 million in 1999. The total tonnage 
imported was up 37 percent in 2000, to 111,880 tons. The trend in 
imports is up, and imports have more than doubled since 1997. Almost 
all prepared or preserved avocado imports come from Mexico. In recent 
years, Chile has accounted for more than 50 percent of fresh imports, 
followed by Mexico, the Dominican Republic, and New Zealand.
    This rule provides the procedures under which producers and 
importers of Hass avocados will vote on whether they want the Order to 
be implemented. In accordance with the provisions of the Act, 
subsequent referenda may be conducted, and these procedures would 
apply. These procedures include provisions concerning producer and 
importer eligibility, registration, voting, and instructions for 
referendum agents.
    USDA will keep producers and importers informed throughout the 
program implementation and referendum process to ensure that they are 
aware of and are able to participate in the program implementation 
process. 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 and 
importers choose to vote, the burden of voting would be offset by the 
benefits of having the opportunity to vote on whether or not they want 
to be covered by the program.
    The information collection requirements contained in this final 
rule are designed to minimize the burden on producers and importers. 
This rule provides for voter registration and a ballot to be used by 
eligible producers and importers to vote in the referendum. The 
estimated annual cost of providing the information by an estimated 
6,000 producers would be $6,000 or $1.00 per producer and for an 
estimated 200 importers would be $200 or $1.00 per importer.
    The Department considered requiring eligible voters to vote in 
person at various USDA offices across the country. The Department also 
considered electronic voting, but the use of computers is not 
universal. Conducting the referendum from one central location by mail 
and fax would be more cost-effective. USDA 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.

Paperwork Reduction Act

    In accordance with the OMB regulation [5 CFR 1320] which implements 
the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], voter 
registration and the referendum ballot, which represent the information 
collection and recordkeeping requirements imposed by this rule, have 
been approved by OMB.
    Title: National Research, Promotion, and Consumer Information 
Programs.
    OMB Number: 0581-0197.
    Expiration Date of Approval: October 31, 2004.
    Type of Request: New information collection for research and 
promotion programs.
    Abstract: The information collection requirements in this request 
are essential to carry out the intent of the Act.
    The information collection requirements relating to referenda are 
registration for the referendum and the ballot. To register, persons 
will submit to USDA, either by mail or fax, their name, company name 
(if applicable), address, and business telephone number. The 
information collected on the ballot will be the person's vote (yes or 
no) and signature certifying the person's eligibility to vote.
    The estimated cost of providing the information by an estimated 
6,000 producers would be $6,000 or $1.00 per producer and for an 
estimated 200 importers would be $200 or $1.00 per importer.
    The registration and voting requirements have been carefully 
reviewed, and every effort has been made to minimize any unnecessary 
recordkeeping costs or requirements, including efforts to utilize 
information already maintained by potential voters.
    The registration and voting requirements have been designed to 
require the minimum information necessary to effectively carry out the 
requirements of the Act, and their use is necessary to fulfill the 
intent of the Act. Such information can be supplied

[[Page 7263]]

without data processing equipment or outside technical expertise. In 
addition, there are no additional training requirements for individuals 
to register or vote. The registration and voting processes are simple, 
easy to understand, and place as small a burden as possible on the 
persons choosing to vote in the referendum.
    The information collection requirements in this rule are:
1. Voter Registration
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.25 hours per response for each 
producer and importer.
    Respondents: Producers and importers.
    Estimated Number of Respondents: 6,200.
    Estimated Number of Responses per Respondent: 1 every 5 years 
(0.2).
    Estimated Total Annual Burden on Respondents: 310 hours.
2. Ballot
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.25 hours per response for each 
producer and importer.
    Respondents: Producers and importers.
    Estimated Number of Respondents: 6,200.
    Estimated Number of Responses per Respondent: 1 every 5 years 
(0.2).
    Estimated Total Annual Burden on Respondents: 310 hours.

Background

    The Act, which became effective on October 23, 2000, authorizes the 
Department to establish a national research and promotion program 
covering domestic and imported Hass avocados. The California Avocado 
Commission (Commission) submitted an entire proposed Order and proposed 
referendum procedures on December 29, 2000. Subsequently, on March 9, 
2001, partial proposals on the Order were received from Hass avocado 
interests in Chile, Mexico, and New Zealand. These proposals were 
published for public comment in the July 13, 2001, issue of the Federal 
Register.
    The proposed Order would provide for the development and financing 
of an effective and coordinated program of promotion, research, and 
consumer and industry information for Hass avocados in the United 
States. The program would be funded by an assessment levied on 
producers (to be collected by handlers) and importers (to be collected 
by the U.S. Customs Service at time of entry into the United States) at 
an initial rate of 2.5 cents per pound. The Act authorizes assessments 
on fresh, frozen, and processed Hass avocados. However, initially, only 
fresh domestic and imported Hass avocados will be covered by the 
program.
    The assessments would be used to pay for promotion, research, and 
consumer and industry information; administration, maintenance, and 
functioning of the proposed Hass Avocado Board; and expenses incurred 
by the Department in implementing and administering the Order, 
including referendum costs.
    Section 1206 of the Act requires that a referendum be conducted 
among eligible producers and importers of Hass avocados to determine 
whether they favor implementation of the Order. That section also 
requires the Order to be approved by a simple majority of the producers 
and importers voting. In order to be eligible to vote, producers and 
importers must have been engaged in producing or importing Hass 
avocados for at least one year prior to the referendum. Further, 
producers and importers have to register with the Department prior to 
the voting period. Registration will occur after producers and 
importers receive registration instructions and notice that a 
referendum will be conducted. This notice will be at least 30 days 
prior to the referendum.
    This rule establishes the procedures under which producers and 
importers of Hass avocados may vote on whether they want the Hass 
avocado promotion, research, and information program to be implemented. 
There are approximately 6,200 eligible voters.
    Three comments were received on the referendum procedures. Two 
comments offered modifications or changes to the provisions and 
procedures for conducting the referendum. In addition, a third comment 
generally affirmed and supported one of these two comments.
    One comment addressed the definition of ``eligible importer'' in 
the third sentence of Sec. 1219.101. The comment stated that the 
definition should be changed to delete the reference to persons who 
hold title to foreign produced Hass avocados immediately upon release 
by the U.S. Customs Service. The comment noted that this could include 
persons who neither reside in nor are citizens of the United States. 
The definition of importers eligible to vote in referenda is the same 
as the definition of importer in Sec. 1219.14 of the Order. The 
definition in the Order describes importers who would be required to 
pay assessments if the Order is implemented. Only persons subject to 
assessments can vote in referenda. Therefore, we are adopting, without 
change, the definition of eligible importer as proposed on July 13, 
2001, to assure that all importers who would be required to pay 
assessments are eligible to vote in referenda.
    Comments also were submitted on the registration process for the 
referendum. One comment recommended modifying Sec. 1219.102 to 
designate the Commission as an agent for the purpose of registering 
voters with the Department to ensure the maximum voter registration. 
This would be in addition to the Department also being an agent for 
voter registration. The comment noted that the Commission is 
responsible for the implementation of the California State Hass avocado 
program and as such it would be logical to designate the Commission as 
agent for registration. We disagree. The Act provides that producers 
and importers register with the Department. The comment's suggestion 
would not be consistent with the registration provisions of the Act. 
Therefore, no change to Sec. 1219.102 is made as a result of this 
comment.
    This comment also urged the Department to conduct the referendum in 
a prompt and efficient manner. The comment went on to discuss elections 
under the California State program and mentioned that information is 
available under that program that would be helpful in conducting the 
referendum for the federal program. The Department will utilize all 
available information as is appropriate in order to conduct the 
referendum in as prompt and efficient manner as is possible while 
maximizing participation in the referendum process.
    A second comment concerning Sec. 1219.102 supported the provision 
providing that the Department be the only entity in charge of 
registering eligible importers. The comment noted that the Department 
take its time in developing a list of eligible importers so that 
eligible importers are not excluded from registering for and voting in 
the referendum. This comment requested that, in order to ensure 
participation of the greatest possible number of importers in the 
referendum, the Department consult with country-of-origin exporter 
associations when developing a list of importers and the ballot and 
instructions for the referendum. As mentioned above in discussing the 
previous comment, the Department will utilize available information as 
is appropriate in order to conduct the referendum in as prompt and 
efficient manner as is possible while maximizing participation in the 
referendum process.

[[Page 7264]]

    Finally, one comment stated that approval of the proposed Order 
should be based on a majority of the voters who represent a majority of 
the volume of Hass avocados voted in the referendum. The comment stated 
that basing approval of the proposed Order on a simple majority of the 
persons voting is discriminatory and unfair to importers because 
importers will be severely underrepresented. The comment noted that the 
number of importers is small relative to the volume of imports, and the 
number of producers is large relative to the volume of domestic 
production. The requirement for the proposed Order to be approved by a 
simple majority of the eligible producers and importers voting in the 
referendum--without a volume requirement--is established in the Act. 
Therefore, no change will be made in the conduct of the referendum as a 
result of this comment.
    However, the Department has revised Secs. 1219.101(b), (g), (h), 
and (i), 1219.102, 1219.103(c), and 1219.108 and added a new 
Sec. 1219.109. Paragraphs (b) and (i) of Sec. 1219.101 were revised to 
correct typographical errors in the July 13, 2001, proposed rule. 
Paragraphs (g) and (h) of Sec. 1219.101 were revised by changing 
references to the ``Secretary'' to the ``Administrator'' for the 
purpose of accuracy and clarity. Section 1219.102 was revised by 
changing the citation of a cross-reference, specifying that 
registration information shall be confidential, and changing references 
to the ``Secretary'' to the ``referendum agent'' for accuracy and 
clarity. Paragraph (c) of Sec. 1219.103 was revised by changing the 
reference to the ``Secretary'' to the ``referendum agent'' for accuracy 
and clarity and to authorize voters to cast their ballots by mail or by 
fax to add another voting option for voters. Section 1219.108 was 
revised to clarify that registration information shall be kept 
confidential and that the confidentiality requirement covers the 
identity as well as the vote of voters in the referendum. Section 
1219.109 was added to identify the OMB control number for the subpart.
    Pursuant to 5 U.S.C. 553, it is found that good cause exists for 
not postponing the effective date of this rule until 30 days after 
publication in the Federal Register because: (1) The referendum will be 
held in the near future; (2) producers and importers need to register 
with the Department prior to that time; (3) notice of the referendum is 
required to be given to producers and importers at least 30 days prior 
to the referendum; and (4) interested persons including producers and 
importers were given the opportunity to comment on the proposal for a 
total of 61 days.

List of Subjects in 7 CFR Part 1219

    Administrative practice and procedure, Advertising, Consumer 
information, Hass avocados, Marketing agreements, Promotion, Reporting 
and recordkeeping requirements.

    For the reasons set forth in the preamble, Title 7 Chapter XI of 
the Code of Federal Regulations is amended by adding part 1219 to read 
as follows:

PART 1219--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

Subpart A--[Reserved]
Subpart B--Referendum Procedures
Sec.
1219.100   General.
1219.101   Definitions.
1219.102   Registration.
1219.103   Voting.
1219.104   Instructions.
1219.105   Subagents.
1219.106   Ballots.
1219.107   Referendum report.
1219.108   Confidential information.
1219.109   OMB control number.

    Authority: 7 U.S.C. 7801-7813.

Subpart A--[Reserved]

Subpart B--Referendum Procedures


Sec. 1219.100  General.

    Referenda to determine whether eligible producers and importers of 
Hass avocados favor the issuance, amendment, suspension, or termination 
of the Hass Avocado Promotion, Research, and Information Order shall be 
conducted in accordance with this subpart.


Sec. 1219.101  Definitions.

    (a) Administrator means the Administrator of the Agricultural 
Marketing Service, with power to redelegate, or any officer or employee 
of the U.S. Department of Agriculture to whom authority has been 
delegated or may hereafter be delegated to act in the Administrator's 
stead.
    (b) Eligible importer means any person who imported Hass avocados, 
that are identified by the number 08-04.00.00.10 in the Harmonized 
Tariff Schedule of the United States for at least one year prior to the 
referendum. Importation occurs when Hass avocados originating outside 
of the United States are released from custody by the U.S. Customs 
Service and introduced into the stream of commerce in the United 
States. Included are persons who hold title to foreign-produced Hass 
avocados immediately upon release by the U.S. Customs Service, as well 
as any persons who act on behalf of others, as agents or brokers, to 
secure the release of Hass avocados from the U.S. Customs Service when 
such Hass avocados are entered or withdrawn for consumption in the 
United States.
    (c) Eligible producer means any person who produced Hass avocados 
in the United States for at least one year prior to the referendum who:
    (1) Owns, or shares the ownership and risk of loss of, the crop;
    (2) Rents Hass avocado production facilities and equipment 
resulting in the ownership of all or a portion of the Hass avocados 
produced;
    (3) Owns Hass avocado production facilities and equipment but does 
not manage them and, as compensation, obtains the ownership of a 
portion of the Hass avocados produced; or
    (4) Is a party in a landlord-tenant relationship or a divided 
ownership arrangement involving totally independent entities 
cooperating only to produce Hass avocados who share the risk of loss 
and receive a share of the Hass avocados produced. No other acquisition 
of legal title to Hass avocados shall be deemed to result in persons 
becoming eligible producers.
    (d) Hass avocados means the fruit grown in or imported into the 
United States of the species Persea americana Mill. For the purposes of 
the initial referendum, the term shall include fresh fruit only.
    (e) Order means the Hass Avocado Promotion, Research, and 
Information Order.
    (f) Person means any individual, group of individuals, partnership, 
corporation, association, cooperative, or any other legal entity. For 
the purpose of this definition, the term ``partnership'' includes, but 
is not limited to:
    (1) A husband and a wife who have title to, or leasehold interest 
in, a Hass avocado farm 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 an 
agreement, informal or otherwise, contributed land and others 
contributed capital, labor, management, or other services, or any 
variation of such contributions by two or more parties.
    (g) Referendum agent or agent means the individual or individuals 
designated by the Administrator to conduct the referendum.
    (h) Representative period means the period designated by the 
Administrator.
    (i) United States. The term ``United States'' means collectively of 
the several 50 States of the United States, the District of Columbia, 
the

[[Page 7265]]

Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, the United States Virgin Islands, Guam, American Samoa, the 
Republic of the Marshall Islands, and the Federated States of 
Micronesia.


Sec. 1219.102  Registration.

    An eligible producer or importer of Hass avocados, as defined in 
this subpart, at the time of the referendum and during a representative 
period, who chooses to vote in any referendum conducted under this 
subpart, shall register with the referendum agent prior to the voting 
period, after receiving notice from the referendum agent concerning the 
referendum under Sec. 1219.104(b). Registration information shall be 
confidential under Sec. 1219.108.


Sec. 1219.103  Voting.

    (a) Each eligible producer and eligible importer who registers to 
vote in the referendum shall be entitled to cast only one ballot in the 
referendum. However, each producer in a landlord-tenant relationship or 
a divided ownership arrangement involving totally independent entities 
cooperating only to produce Hass avocados, in which more than one of 
the parties is a producer, shall be entitled to cast one ballot in the 
referendum covering only such producer's share of the ownership.
    (b) Proxy voting is not authorized, but an officer or employee of 
an eligible corporate producer or importer, or an administrator, 
executor, or trustee or an eligible entity may cast a ballot on behalf 
of such entity. Any individual so voting in a referendum shall certify 
that such individual is an officer or employee of the eligible entity, 
or an administrator, executive, or trustee of an eligible entity and 
that such individual has the authority to take such action. Upon 
request of the referendum agent, the individual shall submit adequate 
evidence of such authority.
    (c) All ballots are to be cast by mail or fax, as instructed by the 
referendum agent.


Sec. 1219.104  Instructions.

    The referendum agent shall conduct the referendum, in the manner 
herein provided, under the supervision of the Administrator. The 
Administrator may prescribe additional instructions, not inconsistent 
with the provisions hereof, to govern the procedure to be followed by 
the referendum agent. Such agent shall:
    (a) Determine the period during which ballots may be cast (voting 
period).
    (b) Notify producers and importers of the voting period for the 
referendum and the requirement to register to vote in the referendum at 
least 30 days in advance by utilizing available media or public 
information sources, without incurring advertising expense, to 
publicize the dates, places, method of voting, eligibility 
requirements, and other pertinent information. Such sources of 
publicity may include, but are not limited to, print and radio.
    (c) Develop the 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.
    (d) Develop a list of producers and importers who register to vote.
    (e) Mail to registered voters the instructions on voting, a ballot, 
and a summary of the terms and conditions of the proposed Order.
    (f) At the end of the voting period, collect, open, number, and 
review the ballots and tabulate the results in the presence of an agent 
of a third party authorized to monitor the referendum process.
    (g) Prepare a report on the referendum.
    (h) Announce the results to the public.


Sec. 1219.105  Subagents.

    The referendum agent may appoint any individual or individuals 
necessary or desirable 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. 1219.106  Ballots.

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


Sec. 1219.107  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 the analysis 
of the referendum and its results.


Sec. 1219.108  Confidential information.

    The list of registered voters, ballots, and all other information 
or reports that reveal, or tend to reveal, the identity or vote of 
voters in the referendum shall be strictly confidential and shall not 
be disclosed.


Sec. 1219.109  OMB control number.

    The control number assigned to the information collection 
requirement in this subpart by the Office of Management and Budget 
pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 
is OMB control number 0581-0197.

    Dated: February 12, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-3796 Filed 2-13-02; 2:00 pm]
BILLING CODE 3410-02-P