77570 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 

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.

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 email 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 § 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 § 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, § 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 

Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 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 onehalf 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 

77572 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 

AMS’ Web site at http://

www.ams.usda.gov./lsg/mpb/rplamb.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 

§ 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.

■ 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

■ 1. The authority citation for 7 CFR part 

1280 continues to read as follows:

Authority: 7 U.S.C. 7411–7425.

■ 2. In part 1280, a new subpart E 

(§§ 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

§ 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.

§ 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.

§ 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.

§ 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.

§ 1280.605 Farm Service Agency. 

Farm Service Agency also referred to 

as ‘‘FSA’’ means the Farm Service 

Agency of USDA.

§ 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.

§ 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.

§ 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.

§ 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.

Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 77573

§ 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 § 518 of 

the Act.

§ 1280.611 Representative period. 

Representative period means the 

period designated by the Secretary 

pursuant to § 518 of the Act.

§ 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.

§ 1280.613 Voting period. 

The term voting period means a 4-

week period to be announced by the 

Secretary for voting the referendum.

Procedures

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 

77574 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 

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/rplamb.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.

§ 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.

§ 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.

§ 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 

Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 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.

§ 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.

§ 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/rplamb.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.

§ 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.

§ 1280.633 Instructions and forms. 

The Administrator, AMS, is 

authorized to prescribe additional 

instructions and forms not inconsistent 

with the provisions of this subpart.

§ 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