[Federal Register: December 27, 2004 (Volume 69, Number 247)]
[Rules and Regulations]
[Page 77569-77575]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de04-7]
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Part V
Department of Agriculture
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Agricultural Marketing Service
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7 CFR Part 1280
Lamb Promotion, Research, and Information Program; Procedures for the
Conduct of a Referendum and Opportunity To Participate in the
Referendum; Final Rule and Notice
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1280
[No. LS-04-06]
Lamb Promotion and Research Program: Procedures for the Conduct
of a Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule establishes procedures the Department of
Agriculture (USDA) will use in conducting the required referendum, as
well as future referendums, for the Lamb Promotion, Research, and
Information Order (Order) authorized under the Commodity Promotion,
Research, and Information Act of 1996 (Act).
EFFECTIVE DATE: December 28, 2004.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing
Programs Branch on (202) 720-1115, fax (202) 720-1125, or by e-mail at
Kenneth.Payne@usda.gov or Linda Cronin, USDA, FSA, DAFO, on (202) 720-
7228, fax (202) 690-0434, or by e-mail on Linda.Cronin@usda.gov.
Eligible voters can determine the location of county FSA offices by
contacting (1) the nearest county FSA office, (2) the State FSA office,
or (3) through an online search of FSA's Web site at http://www.fsa.usda.gov/pas/default.asp.
From the options available on this
Web page select ``Your local office,'' click on your State, and click
on the map to select a county.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order (E.O.) 12866 for this action.
Executive Order 12988
This final rule has been reviewed under E.O. 12988, Civil Justice
Reform. It is not intended to have a retroactive effect.
Section 524 of the Act provides that the Act shall not affect or
preempt any other Federal or State law authorizing promotion or
research relating to an agricultural commodity.
Under Sec. 519 of the Act, a person subject to the Order may file
a petition with USDA 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 2 years
after the effective date of the Order, provision, or obligation subject
to challenge in the petition. The petitioner will have the opportunity
for a hearing on the petition. Thereafter, USDA will issue a ruling on
the petition. The Act provides that the district court of the United
States for any district in which the petitioner resides or carries on
business shall have 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 the entry of the final ruling.
Service of process in a proceeding may be made on USDA by delivering a
copy of the complaint to USDA. If the court determines that the ruling
is not in accordance with the law, the court shall remand the matter to
USDA with direction to make such ruling as the court determining to be
in accordance with the law or to take further action as, in the opinion
of the court the law requires. The pendency of a petition filed or an
action commended shall not operated as a stay of any action authorized
by Sec. 520 of the Act to be taken to enforce, including any rule,
Order, or penalty in effect.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601 et seq.), AMS has considered the economic effect of the final rule
on small entities. The purpose of RFA is to fit the regulatory actions
to the scale of businesses subject to such actions in order that small
businesses will not be unduly burdened.
The Act, which authorizes USDA to consider industry proposals for
generic programs of promotion, research, and information for
agricultural commodities, became effective on April 4, 1996.
Section 518 of the Act provides three options for determining
industry approval or continuation of a new research and promotion
program. They are: (1) By a majority of those voting; (2) by a majority
of the volume of the agricultural commodity voted in the referendum; or
(3) by a majority of those persons voting who also represent a majority
of the volume of the agricultural commodity voted in the referendum. In
addition, Sec. 518 of the Act provides for referendums to ascertain
approval of an Order to be conducted either prior to its going into
effect or within 3 years after assessments first begin under an Order.
As recommended by representatives of the lamb industry, the final
Order, which was published in the Federal Register on April 11, 2002
(67 FR 17848), provides that USDA conduct a referendum within 3 years
after assessments begin and that the continuation of the Order be
approved by at least a majority of those persons voting for approval
who are engaged in the production, feeding, or slaughter of lambs and
who also represent a majority of the volume of lambs produced, fed, or
slaughtered.
This final rule establishes the procedures USDA will use for the
conduct of a nationwide referendum among eligible persons to determine
if the Order should be continued. This final rule will add a new
subpart that establishes procedures to conduct the initial and future
referendum. The new subpart will cover definitions, certification and
voting procedures, eligibility, disposition of forms and records, FSA's
role, and reporting the results.
There are approximately 67,468 persons engaged in the production,
feeding, or slaughtering of lamb who are subject to the program. Most
of the lamb producers, seedstock producers, and feeders, will be
classified as small businesses under the criteria established by the
Small Business Administration (SBA)(13 CFR 121.201). Most first
handlers will not be classified as small businesses. SBA defines small
agricultural service firms as those whose annual receipts are less than
$5 million and small agricultural producers are defined as those having
annual receipts of less than $750,000. This number and size data
remains the same as it appeared in the earlier analyses for the Order.
The information collection requirements are minimal. Obtaining a
ballot by mail, in-person, facsimile, or via the Internet and
completing it in its entirety would not impose a significant economic
burden on participants. Accordingly, the Administrator of AMS has
determined that this final rule will not have a significant economic
impact on a substantial number of small business entities.
Paperwork Reduction Act
In accordance with Paperwork Reduction Act (44 U.S.C. Chapter 35),
the information collection requirements contained in this final rule
have been approved under OMB number 0581-0227. The public reporting
burden for this collection of information is estimated to average .03
hours per response. This rule requires eligible
[[Page 77571]]
persons to complete a ballot (Form LS-86) in its entirety. Eligible
persons subject to the assessment will be required to vote ``yes'' or
``no'' to continue the program, vote the number of lambs (volume of
production) owned and produced; owned and fed; or slaughtered during a
period specified by the Secretary, and provide documentation that shows
the person voting engaged in the production, feeding, or slaughtering
of lambs during the representative period determined by the Secretary.
The ballot will require the person to sign it certifying that they
engaged in the production, feeding, or slaughtering of lambs during a
representative period specified by the Secretary and that the volume of
production voted is true and accurate to the best of one's knowledge.
Background
The Act (U.S.C. 7411-7425) which became effective on April 4, 1996,
authorizes USDA to establish generic programs of promotion, research,
and information for agricultural commodities designed to strengthen an
industry's position in the marketplace and to maintain and expand
existing domestic and foreign markets and uses for agricultural
commodities. Pursuant to the Act, a proposed Order on the Lamb Checkoff
Program was published in the Federal Register on September 21, 2001 (66
FR 48764). The final Order was published in the Federal Register on
April 11, 2002 (67 FR 17848). Collection of assessments began on July
1, 2002.
This program is funded primarily by those persons engaged in the
production and feeding of lambs in the amount of one-half cent ($.005)
per pound when live lambs are sold. For purposes of this program, the
term ``lamb'' as defined in the Order means, ``any ovine animal of any
age, including ewes and rams.''
First handlers, which means the packer or other person who buys or
takes possession of lambs from a producer or feeder for slaughter,
including custom slaughter, are assessed an additional $.30 cents per
head purchased for slaughter or slaughtered by such first handler
pursuant to a custom slaughter arrangement. Each person who processes
or causes to be processed lamb or lamb products of that person's own
production and markets the processed products is assessed one-half cent
($.005) per pound on the live weight at the time of slaughter and is
required to pay an additional assessment of $.30 per head. Assessment
rates may be adjusted in accordance with applicable provisions of the
Act and the Order. The Order also requires persons to collect and remit
assessments to the American Lamb Board (Board). Each producer, feeder,
or seedstock producer is obligated to pay that portion of the
assessment that is equivalent to that producer's, feeder's, or
seedstock producer's proportionate share and shall transfer the
assessment to the subsequent purchaser. Additionally, a person who is a
market agency; i.e., commission merchant, auction market, or broker in
the business of receiving such lamb or lamb products for sale on
commission for or on behalf of a producer, feeder, or seedstock
producer, is required to collect an assessment and transfer the
collected assessment on to the subsequent purchaser(s). Such person
will not be subject to the assessment and not eligible to participate
in the referendum. Any person who processes or causes to be processed
lamb or lamb products of that person's own production and markets the
processed products will be required to pay an additional assessment and
remit the total assessment to the Board. Each first handler who buys or
takes possession of lambs from a producer or feeder for slaughter is
required to pay an additional assessment and remit the total assessment
to the Board.
The Act requires that a referendum to ascertain approval of an
Order must be conducted either prior to the Order going into effect or
within 3 years after assessments first begin. The industry recommended
to USDA that the referendum be conducted no later than 3 years after
assessments first begin to determine whether the Order should be
continued. Assessments began on July 1, 2002. Thus, USDA is required to
conduct a nationwide referendum among persons subject to the assessment
by July 1, 2005. The Order will continue if a majority of those persons
voting who also represent a majority of the volume of lambs voted in
favor of continuing the program. If the continuation of the Order is
not approved by eligible persons voting in the referendum, USDA will
begin the process of terminating the program.
Eligible persons will be required to complete a ballot in its
entirety, vote ``yes'' or ``no'' to continue the program, enter the
number of lambs (volume of production) owned and produced; owned and
fed; or slaughtered from January 1, 2004, through December 31, 2004,
and provide supporting documentation such as a sale receipt or
remittance form showing that they engaged in the production, feeding,
or slaughter of lambs from January 1, 2004, through December 31, 2004.
The person will sign the ballot certifying that they were engaged in
the production, feeding, or slaughtering of lambs from January 1, 2004,
through December 31, 2004, and that the volume of production voted is
true and accurate. To vote volume of production, producers and
seedstock producers will enter the total number of live domestic lambs
owned and produced during calendar year 2004. Feeders will vote the
total number of lambs owned and fed during calendar year 2004. First
handlers will vote the total number of lambs slaughtered during
calendar year 2004. The volume of production must be determined by the
person voting prior to completing the ballot and be verifiable. Those
persons whose only share in the proceeds of a sale of lambs is a sales
commission, handling fee, or other service fee or the person acquired
ownership of the lambs to facilitate the transfer of ownership of such
lambs from the seller to a third party and resold such lambs no later
than 10 days from the date on which the person acquired ownership are
not considered producers, seedstock producers, or feeders and not
subject to the assessment. Such person will not be eligible to
participate in the referendum. The referendum period will be a 4-week
period announced by the Secretary. Ballots may be cast in person, by
facsimile, or by mail-in vote at the appropriate county FSA offices.
Providing participants an opportunity to vote at the county FSA office
will give those persons the greatest opportunity to vote in the
referendum.
This final rule establishes procedures USDA will use in conducting
the required referendum, as well as future referendums, provided under
the Act. This final rule includes definitions, eligibility,
certification and voting procedures, reporting results, and disposition
of the forms and records. FSA will coordinate State and county FSA
roles in conducting the referendum by (1) determining eligibility, (2)
canvassing and counting ballots, and (3) reporting the results.
Comments
On October 15, 2004, USDA published in the Federal Register (FR 69
61159) a proposed rule on the procedures USDA will use for the conduct
of a lamb referendum. The proposed rule provided interest persons the
opportunity to submit comments on the procedures. That comment period
ended November 4, 2004. USDA received nine comments from the American
Lamb Board, other national and State industry organizations, and an
interested person in a timely manner. All comments have been posted on
[[Page 77572]]
AMS' Web site at http://www.ams.usda.gov./lsg/mpb/rp-lamb.htm.
In addition, comments regarding the information collection under
this action ended December 14, 2004. USDA did not receive any comments
on the information collection.
Discussion of Comments
All comments, with one exception, supported the proposed rule as
written. One commenter, however, suggested that the minimum voting age
should be 18. The Act and the Order provides that any person subject to
the assessment is eligible to participate in the referendum.
Consequently, this comment is not adopted.
One commenter opposed any promotion of lamb slaughtering with funds
collected from taxpayers. Under the provisions of the Act and Order,
costs incurred under the Order are paid by lamb industry
representatives through assessments collected under the Lamb Checkoff
Program. Consequently, this comment is not adopted.
USDA updated the definition of Sec. 1280.609, Farm Service Agency
State Executive Director, to more accurately define the term.
Pursuant to 5 U.S.C. 553, it is found and determined that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register. This action
establishes procedures, which provides lamb producers, feeders, and
first handlers the opportunity to vote in the referendum on the Order.
By establishing this final rule in a timely manner, USDA will be able
to begin the referendum no later than February 2005.
List of Subjects in 7 CFR Part 1280
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Lamb and lamb products, Reporting and
recordkeeping requirements.
0
For the reasons set forth in the preamble, it is final that Title 7,
part 1280 be amended to read as follows:
PART 1280--LAMB PROMOTION, RESEARCH, AND INFORMATION
0
1. The authority citation for 7 CFR part 1280 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425.
0
2. In part 1280, a new subpart E (Sec. Sec. 1280.601-1280.634) is
added to read as follows:
Subpart E--Procedures To Request a Referendum
Definitions
Sec.
1280.601 Terms defined.
1280.602 Administrator, AMS.
1280.603 Administrator, FSA.
1280.604 Eligibility.
1280.605 Farm Service Agency.
1280.606 Farm Service Agency County Committee.
1280.607 Farm Service Agency County Executive Director.
1280.608 Farm Service Agency State Committee.
1280.609 Farm Service Agency State Executive Director.
1280.610 Public Notice.
1280.611 Representative period.
1280.612 Volume of production.
1280.613 Voting period.
Procedures
1280.620 General.
1280.621 Supervision of the process for conducting a referendum.
1280.622 Eligibility.
1280.623 Time and place of the referendum.
1280.624 Facilities.
1280.625 Certifications and referendum ballot form.
1280.626 Certification and voting procedures.
1280.627 Canvassing voting ballots.
1280.628 Counting ballots.
1280.629 FSA county office report.
1280.630 FSA State office report.
1280.631 Results of the referendum.
1280.632 Disposition of records.
1280.633 Instructions and forms.
1280.634 Confidentiality.
Subpart E--Procedures To Request a Referendum
Definitions
Sec. 1280.601 Terms defined.
As used throughout this subpart, unless the context otherwise
requires, terms shall have the same meaning as the definition of such
terms in subpart A of this part.
Sec. 1280.602 Administrator, AMS.
Administrator, AMS, means the Administrator of the Agricultural
Marketing Service, or any officer or employee of USDA to whom there has
been delegated or may be delegated the authority to act in the
Administrator's stead.
Sec. 1280.603 Administrator, FSA.
Administrator, FSA, means the Administrator, of the Farm Service
Agency, or any officer or employee of USDA to whom there has been
delegated or may be delegated the authority to act in the
Administrator's stead.
Sec. 1280.604 Eligibility.
Eligibility is defined as any person subject to the assessment who
during the representative period determined by the Secretary have
engaged in the production, feeding, or slaughtering of lambs. Such
persons are eligible to participate in the referendum. Those persons
whose only share in the proceeds of a sale of lambs is a sales
commission, handling fee or other service fee or the person acquired
ownership of the lambs to facilitate the transfer of ownership of such
lambs from the seller to a third party and resold such lambs no later
than 10 days from the date on which the person acquired ownership are
not considered are producers, seedstock producers, or feeders and not
subject to the assessment. Such persons will not be eligible to
participate in the referendum.
Sec. 1280.605 Farm Service Agency.
Farm Service Agency also referred to as ``FSA'' means the Farm
Service Agency of USDA.
Sec. 1280.606 Farm Service Agency County Committee.
Farm Service Agency County Committee, also referred to as ``FSA
County Committee or COC,'' means the group of persons within a county
who are elected to act as the Farm Service Agency County Committee.
Sec. 1280.607 Farm Service Agency County Executive Director.
Farm Service Agency County Executive Director, also referred to as
``CED,'' means the person employed by the FSA County Committee to
execute the policies of the FSA County Committee and to be responsible
for the day-to-day operation of the FSA county office, or the person
acting in such capacity.
Sec. 1280.608 Farm Service Agency State Committee.
Farm Service Agency State Committee, also referred to as ``FSA
State Committee,'' means the group of persons within a State who are
appointed by the Secretary to act as the Farm Service Agency State
Committee.
Sec. 1280.609 Farm Service Agency State Executive Director.
Farm Service Agency State Executive Director, Farm Service Agency
State Executive Director, also referred to as ``SED,'' means the person
within a State who is appointed by the Secretary to be responsible for
the day-to-day operation of the FSA State Office, or the person acting
in such capacity.
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Sec. 1280.610 Public notice.
Public notice means not later than 30-days before the referendum is
conducted, the Secretary shall notify the eligible voters in such
manner as determined by the Secretary, of the voting period during
which voting in the referendum will occur. The notice shall explain any
registration and voting procedures established under Sec. 518 of the
Act.
Sec. 1280.611 Representative period.
Representative period means the period designated by the Secretary
pursuant to Sec. 518 of the Act.
Sec. 1280.612 Volume of production.
(a) For producers and seedstock producers, the term volume of
production means the total number of live domestic lambs owned and
produced during the most recent calendar year.
(b) For feeders, volume of production means the total number of
lambs owned and fed during the most recent calendar year.
(c) For first handlers, volume of production means the total number
of lambs slaughtered during the most recent calendar year.
Sec. 1280.613 Voting period.
The term voting period means a 4-week period to be announced by the
Secretary for voting the referendum.
Procedures
Sec. 1280.620 General.
A referendum to determine whether eligible persons favor the
continuance of this part shall be carried out in accordance with this
subpart.
(a) The referendum will be conducted at county FSA offices.
(b) The Secretary shall determine if at least a majority of those
persons voting for approval who also represent a majority of the volume
of lambs owned and produced; owned and fed; or slaughtered, favor the
continuance of this part.
Sec. 1280.621 Supervision of the process for conducting a referendum.
The Administrator, AMS, shall be responsible for supervising the
process of permitting persons to vote in a referendum in accordance
with this subpart.
Sec. 1280.622 Eligibility.
(a) Any person subject to the assessment who during the
representative period determined by the Secretary has engaged in the
production, feeding, or slaughtering of lambs is eligible to
participate in the referendum. Those persons whose only share in the
proceeds of a sale of lambs is a sales commission, handling fee or
other service fee or the person acquired ownership of the lambs to
facilitate the transfer of ownership of such lambs from the seller to a
third party and resold such lambs no later than 10 days from the date
on which the person acquired ownership are not considered are
producers, seedstock producers, or feeders and not subject to the
assessment. Such persons will not be eligible to participate in the
referendum.
(b) Proxy Registration. (1) Proxy registration is not authorized,
except that an officer or employee of a corporate producer, feeder,
seedstock producer, or first handler, or any guardian, administrator,
executor, or trustee of a person's estate, or an authorized
representative of any eligible producer, feeder, seedstock producer, or
first handler entity (other than an individual person), such as a
corporation or partnership, may vote on behalf of that entity. Further,
an individual cannot vote on behalf of another individual (i.e.,
spouse, sharecrop lease, etc.).
(2) Any individual, who votes on behalf of any producer, feeder,
seedstock producer, or first handler entity, shall certify that he or
she is authorized by such entity to take such action. Upon request of
the county FSA office, the person voting may be required to submit
adequate evidence of such authority.
(c) Joint and group interest. A group of individuals, such as
members of a family, joint tenants, tenants in common, a partnership,
owners of community property, or a corporation who engaged in the
production, feeding, or slaughtering of lambs during the representative
period as a producer, feeder, seedstock producer, or first handler
entity shall be entitled to cast only one vote; provided, however, that
any individual member of a group who is an eligible person separate
from the group may vote separately.
Sec. 1280.623 Time and place of the referendum.
(a) The opportunity to vote in the referendum shall be provided
during a 4-week period beginning and ending on a date determined by the
Secretary. Eligible persons shall have the opportunity to vote
following the procedures established in this subpart during the normal
business hours of each county FSA office.
(b) Persons can determine the location of county FSA offices by
contacting the nearest county FSA office, the State FSA office, or
through an online search of FSA's Web site at http://www.fsa.usda.gov/pas/default.asp
.
(c) Each eligible person shall cast a ballot in the county FSA
office where FSA maintains the person's administrative farm records.
For eligible persons not participating in FSA programs, the opportunity
to vote will be provided at the county FSA office serving the county
where the person owns or rents land. A person engaged in the
production, feeding, slaughtering, of lambs in more than one county
will vote in the county FSA office where the person does most of his or
her business.
Sec. 1280.624 Facilities.
Each county FSA office will provide:
(a) a voting place that is well known and readily accessible to
persons in the county and that is equipped and arranged so that each
person can complete and submit their ballot in secret without coercion,
duress, or interference of any sort whatsoever, and
(b) a holding container of sufficient size so arranged that no
ballot or supporting documentation can be read or removed without
breaking seals on the container.
Sec. 1280.625 Certification and referendum form ballot form.
Form LS-86 shall be used to vote in the referendum and certify
eligibility. Eligible persons will be required to complete a ballot in
its entirety, vote ``yes'' or ``no'' to continue the program, enter the
number of lambs (volume of production) owned and produced; owned and
fed; or slaughtered during a representative period and provide
documentation such as a sales receipt or remittance form showing that
the person voting was engaged in the production, feeding, or
slaughtering of lambs during the representative period. The person or
authorized representative shall sign the ballot certifying that they or
the entity they represent were engaged in the production, feeding, or
slaughtering of lambs during the representative period and that the
volume of production voted is true and accurate.
Sec. 1280.626 Certification and voting procedures.
(a) Each eligible person shall be provided the opportunity to cast
a ballot during the voting period announced by the Secretary.
(1) Each eligible person shall be required to complete form LS-86
in its entirety, sign it, and provide evidence that they were engaged
in the production, feeding, or slaughtering of lambs during the
representative period. The person must legibly place his or her name
and, if applicable, the entity
[[Page 77574]]
represented, address, county, and telephone number. The person shall
sign and certify on form LS-86 that:
(i) The person was engaged in the production, feeding, or
slaughtering of lambs during the representative period;
(ii) The person voting on behalf of a corporation or other entity
is authorized to do so;
(iii) The person has cast only one vote; and
(iv) The volume of production listed on the ballot is true and
accurate.
(2) Only a completed and signed form LS-86 accompanied by
supporting documentation showing that the person was engaged in the
production, feeding, or slaughter of lambs during the representative
period shall be considered a valid vote.
(b) To vote, eligible persons may obtain form LS-86 in-person, by
mail, or by facsimile from county FSA offices or through the Internet
during the voting period. A completed and signed form LS-86 and
supporting documentation, such as a sales receipt or remittance form,
must be returned to the appropriate county FSA office where FSA
maintains and processes the person's administrative farm records. For a
person not participating in FSA programs, the opportunity to vote in a
referendum will be provided at the county FSA office serving the county
where the person owns or rents land. A person engaged in the
production, feeding, or slaughtering of lambs in more than one county
will vote in the county FSA office where the person does most of his or
her business. Forms obtained via the Internet will be located at http://www.ams.usda.gov/lsg/mpb/rp-lamb.htm
.
(c) A completed and signed form LS-86 and the supporting
documentation may be returned in-person, by mail, or facsimile to the
appropriate county FSA office. Form LS-86 and supporting documentation
returned in-person or by facsimile, must be received in the appropriate
county FSA office prior to the close of the work day on the final day
of the voting period to be considered a valid ballot. Form LS-86 and
the accompanying documentation returned by mail must be postmarked no
later than midnight of the final day of the voting period and must be
received in the county FSA office on the 5th business day following the
final day of the voting period.
(d) Persons who obtain form LS-86 in-person at the appropriate FSA
county office may complete and return it the same day along with the
supporting documentation.
Sec. 1280.627 Canvassing voting ballots.
(a) Canvassing of form LS-86 shall take place at the county FSA
offices on the 6th business day following the final day of the voting
period. Such canvassing, acting on behalf of the Administrator, AMS,
shall be in the presence of at least two members of the county
committee. If two or more of the counties have been combined and are
served by one county office, the canvassing of the requests shall be
conducted by at least one member of the county committee from each
county served by the county office. The FSA State committee or the
State Executive Director, if authorized by the State Committee, may
designate the County Executive Director (CED) and a county or State FSA
office employee to canvass the ballots and report the results instead
of two members of the county committee when it is determined that the
number of eligible voters is so limited that having two members of the
county committee present for this function is impractical, and
designate the CED and/or another county or State FSA office employee to
canvass requests in any emergency situation precluding at least two
members of the county committee from being present to carry out the
functions required in this section.
(b) Form LS-86 should be canvassed as follows:
(1) Number of valid ballots. A person has been declared eligible by
FSA to vote by completing form LS-86 in its entirety, signing it,
voting volume of production, and providing supporting documentation
that shows the person who cast the ballot during the voting period was
engaged in the production, feeding, or slaughtering of lambs during the
representative period. Such ballot will be considered a valid ballot.
(2) Number of ineligible ballots. If FSA cannot determine that a
person is eligible based on the submitted documentation or if the
person fails to submit the required supporting documentation, the
person shall be determined to be ineligible. FSA shall notify
ineligible persons in writing as soon as practicable but no later than
the 8th business day following the final day of the voting period.
(c) Appeal. A person declared to be ineligible by FSA can appeal
such decision and provide additional documentation to the FSA county
office within 5 business days after the postmark date of the letter of
notification of ineligibility. FSA will then make a final decision on
the person's eligibility and notify the person of the decision.
(d) Invalid ballots. An invalid ballot includes, but is not limited
to the following:
(1) Form LS-86 is not signed or all required information has not
been provided;
(2) Form LS-86 and supporting documentation returned in-person or
by facsimile was not received by close of business on the last business
day of the voting period;
(3) Form LS-86 and supporting documentation returned by mail was
not postmarked by midnight of the final day of the voting period;
(4) Form LS-86 and supporting documentation returned by mail was
not received in the county FSA office by the 5th business day following
the final day of the voting period;
(5) Form LS-86 or supporting documentation is mutilated or marked
in such a way that any required information on the form is illegible;
or
(6) Form LS-86 and supporting documentation not returned to the
appropriate county FSA office.
Sec. 1280.628 Counting ballots.
(a) Form LS-86 shall be counted by county FSA offices on the same
day as the ballots are canvassed if there are no ineligibility
determinations to resolve. For those county FSA offices that do have
ineligibility determinations, the requests shall be counted no later
than the 14th business day following the final day of the voting
period.
(b) Ballots shall be counted as follows:
(1) Number of valid ballots cast;
(2) Number of persons favoring the Order;
(3) Number of persons not favoring the Order;
(4) Volume of production voted favoring the continuation of the
Order;
(5) Volume of production voted not favoring the continuation of the
Order; and
(6) Number of invalid ballots.
Sec. 1280.629 FSA county office report.
The county FSA office report shall be certified as accurate and
complete by the CED or designee, acting on behalf of the Administrator,
AMS, as soon as may be reasonably possible, but in no event shall
submit no later than 18th business day following the final day of the
specified period. Each county FSA office shall transmit the results in
its county to the FSA State office. The results in each county may be
made available to the public upon notification by the Administrator,
FSA, that the final results have been released by the Secretary. A copy
of the report shall be posted for 30 calendar days following the date
of notification by the
[[Page 77575]]
Administrator, FSA, in the county FSA office in a conspicuous place
accessible to the public. One copy shall be kept on file in the county
FSA office for a period of at least 12 months after notification by FSA
that the final results have been released by the Secretary.
Sec. 1280.630 FSA State office report.
Each FSA State office shall transmit to the Administrator, FSA, as
soon as possible, but in no event later than the 20th business day
following the final day of the voting period, a report summarizing the
data contained in each of the reports from the county FSA offices. One
copy of the State summary shall be filed for a period of not less than
12 months after the results have been released and available for public
inspection after the results have been released.
Sec. 1280.631 Results of the referendum.
(a) The Administrator, FSA, shall submit to the Administrator, AMS,
the reports from all State FSA offices. The Administrator, AMS, shall
tabulate the results of the ballots. USDA will issue an official press
release announcing the results of referendum and publish the same
results in the Federal Register. In addition, USDA will post the
official results at the following website: http://www.ams.usda.gov/lsg/mpb/rp-lamb.htm.
Subsequently, State reports and related papers shall
be available for public inspection upon request during normal business
hours in the Marketing Programs Branch; Livestock and Seed Program,
AMS, USDA, Room 2638-S; STOP 0251; 1400 Independence Avenue, SW.,
Washington, DC.
(b) If the Secretary deems necessary, a State report or county
report shall be reexamined and checked by such persons who may be
designated by the Secretary.
Sec. 1280.632 Disposition of records.
Each FSA CED will place in sealed containers marked with the
identification of the ``Lamb Checkoff Program Referendum,'' all of the
form LS-86's along with the accompanying documentation and county
summaries. Such records will be placed in a secure location under the
custody of FSA CED for a period of not less than 12 months after the
date of notification by the Administrator, FSA, that the final results
have been announced by the Secretary. If the county FSA office receives
no notice to the contrary from the Administrator, FSA, by the end of
the 12 month period as described above, the CED or designee shall
destroy the records.
Sec. 1280.633 Instructions and forms.
The Administrator, AMS, is authorized to prescribe additional
instructions and forms not inconsistent with the provisions of this
subpart.
Sec. 1280.634 Confidentiality.
The names of persons voting in the referendum and ballots shall be
confidential and the contents of the ballots shall not be divulged
except as the Secretary may direct. The public may witness the opening
of the ballot box and the counting of the votes but may not interfere
with the process.
Dated: December 20, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-28166 Filed 12-21-04; 11:38 am]
BILLING CODE 3410-02-P