Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 70573 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs will 

be offset by the benefits derived by the 

operation of the marketing order. In 

addition, the Committee’s meeting was 

widely publicized throughout the 

California date industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 

24, 2010, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large California date 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. As noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on September 15, 2010 (75 FR 

56019). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all California date handlers. Finally, the 

proposal was made available through 

the Internet by USDA and the Office of 

Federal Register. A 30-day comment 

period ending October 15, 2010, was 

provided for interested persons to 

respond to the proposal. No comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it also 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 because 

handlers have already received 2010 

dates from growers, the crop year began 

on October 1, 2010, and the assessment 

rate applies to all dates received during 

the 2010–11 and subsequent seasons. 

Further, handlers are aware of this rule, 

which was recommended at a public 

meeting. Also, a 30-day comment period 

was provided for in the proposed rule. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 987 is amended as 

follows: 

PART 987—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 987.339 is revised to read 

as follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2010, an 

assessment rate of $1.00 per 

hundredweight is established for 

California dates. 

Dated: November 10, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–29107 Filed 11–17–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1221 

[Doc. No. AMS–LS–10–0003] 

Sorghum Promotion and Research 

Program: Procedures for the Conduct 

of Referenda 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Commodity Promotion, 

Research, and Information Act of 1996 

(Act) authorizes a program of 

promotion, research, and information to 

be developed through the promulgation 

of the Sorghum Promotion, Research, 

and Information Order (Order). The Act 

requires that the Secretary of 

Agriculture (Secretary) conduct a 

referendum among persons subject to 

assessments who, during a 

representative period established by the 

Secretary, have engaged in the 

production or importation of sorghum. 

This final rule establishes procedures 

the Department of Agriculture (USDA) 

will use in conducting the required 

referendum as well as future referenda. 

Eligible persons will be provided the 

opportunity to vote during a specified 

period announced by USDA. For the 

program to continue, it must be 

approved, with an affirmative vote, by at 

least a majority of those persons voting 

who were engaged in the production or 

importation of sorghum during the 

representative period. 

DATES: Effective Date: December 20, 

2010. 

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@ams.usda.gov or Rick Pinkston, 

USDA, FSA, DAFO, on 202/690–8034, 

fax 202/720–5900, or by e-mail on 

rick.pinkston@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This final rule has been determined 

not significant for purposes of Executive 

Order 12866 and therefore has not been 

reviewed by the Office of Management 

and Budget (OMB). 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have 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 section 519 of the Act, a person 

subject to the Order may file a petition 

with the Secretary 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 may 

request 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, the Secretary 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 conducts 

business shall have the jurisdiction to 


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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 Secretary’s final 

ruling. 

Regulatory Flexibility and Paperwork 

Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), USDA is required to examine the 

impact of this rule on small entities. The 

purpose of the RFA is to fit regulatory 

actions to the scale of businesses subject 

to such actions so that small businesses 

will not be disproportionately 

burdened. 

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. The Act states that Congress 

found that it is in the national public 

interest and vital to the welfare of the 

agricultural economy of the United 

States to maintain and expand existing 

markets and develop new markets and 

uses for agricultural commodities 

through industry-funded, Governmentsupervised, commodity promotion 

programs. 

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 sorghum industry, the final Order, 

which was published in the Federal 

Register on May 6, 2008 (73 FR 25398), 

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 or importation sorghum. 

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 adds a new subpart that 

establishes procedures to conduct the 

initial and future referendums. The new 

subpart covers definitions, certification 

and voting procedures, eligibility, 

disposition of forms and records, the 

role of the Farm Service Agency (FSA), 

and reporting the results. 

According to the 2007 Census of 

Agriculture, there are approximately 

26,000 persons engaged in the 

production of sorghum who are subject 

to the program. Most sorghum 

producers are classified as small 

businesses under the criteria established 

by the Small Business Administration 

(SBA) (13 CFR 121.201). 

In accordance with OMB regulation (5 

CFR part 1320) that implements the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35) (PRA), AMS received 

OMB approval for a new information 

collection for the sorghum program. 

Upon approval, this collection was 

merged into the existing collection 

numbered 0581–0093. 

The information collection 

requirements are minimal. Public 

reporting burden on producers and 

importers for this collection of 

information is estimated to average 0.01 

hours per response with an estimated 

total number of 166 hours and a total 

cost of $3,079.30. Obtaining a ballot by 

mail, in-person, facsimile, or via the 

Internet and completing it in its entirety 

will not impose a significant economic 

burden on participants. Accordingly, 

the Administrator of the Agricultural 

Marketing Service (AMS) has 

determined that this final rule will not 

have a significant economic impact on 

a substantial number of small business 

entities. 

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 

Sorghum Checkoff Program was 

published in the Federal Register on 

November 23, 2007 (72 FR 65842). The 

final Order was published in the 

Federal Register on May 6, 2008 (73 FR 

25398). Collection of assessments began 

on July 1, 2008. 

This program is funded primarily by 

those persons engaged in the production 

of sorghum. Grain sorghum is assessed 

at a rate of 0.6 percent of net market 

value received by the producer. 

Sorghum forage, sorghum hay, sorghum 

haylage, sorghum billets, and sorghum 

silage are assessed at a rate of 0.35 

percent of net market value received by 

the producer. Imported sorghum is also 

subject to assessment and therefore, 

sorghum importers are eligible to vote in 

the referendum. Total annual revenue 

for the program is approximately 

$6,000,000 of which, less than $100 

comes from import assessments. 

For purposes of this program, 

Sorghum means any harvested portion 

of Sorghum bicolor (L.) Moench or any 

related species of the genus Sorghum of 

the family Poaceae. This includes, but is 

not limited to, grain sorghum (including 

hybrid sorghum seeds, inbred sorghum 

line seed, and sorghum cultivar seed), 

sorghum forage, sorghum hay, sorghum 

haylage, sorghum billets, and sorghum 

silage. 

The Act requires that a referendum to 

ascertain approval of the 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, 

2008. Thus, USDA is required to 

conduct a nationwide referendum 

among persons subject to the assessment 

by July 1, 2011. 

On January 25, 2010, the Chairman of 

the United Sorghum Checkoff Program 

Board signed a letter requesting that the 

referendum be completed by March 1, 

2011. He observed that there is a large 

area of sorghum production in South 

Texas, Louisiana, Arkansas and other 

southern States that begin planting in 

March. He noted that by conducting the 

referendum before March 1, 2011, 

producers will not have to interrupt 

planting operations at a critical time to 

go and vote. 

The Order will continue if a majority 

of those persons voting favor 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 are required to 

complete a ballot in its entirety, vote 

‘‘yes’’ or ‘‘no’’ to continue the program, 

and provide documentation showing 

that they engaged in the production or 

importation of sorghum during the 

representative period. The person will 

sign the ballot certifying that they were 

engaged in the production or 

importation of sorghum during a 

representative period specified by the 

Secretary to the best of one’s knowledge. 

USDA has determined that the 

representative period for the production 

or importation of sorghum will be July 

1, 2008 through December 31, 2010. 

This final rule also provides that the 


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ballots may be cast in person, by 

facsimile, or by mail-in vote at the 

appropriate county FSA or, for 

importers, AMS office. Providing 

producers an opportunity to vote at the 

county FSA office and importers 

through the AMS office provides 

persons subject to the Order the greatest 

opportunity to vote in the referendum. 

Producers are directed to vote at the 

county FSA office where FSA maintains 

and processes the person’s 

administrative farm records. For those 

eligible producers not participating in 

FSA programs, the opportunity to vote 

is provided at the county FSA office 

serving the county where the person 

owns or rents land. A person engaged in 

the production of sorghum in more than 

one county will vote in the county FSA 

office where the person does most of his 

or her business. Eligible producer 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. 

Importers will vote by contacting 

Craig Shackelford, Marketing Programs 

Branch, Livestock and Seed Program, 

AMS, USDA, Room 2628–S, STOP 0251, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0251; 

Telephone: (202) 720–1115; Fax: (202) 

720–1125; 

craig.shackelford@ams.usda.gov. Forms 

may be obtained via the Internet at 

http://www.ams.usda.gov/ 

LSMarketingPrograms. 

The final rule establishes procedures 

USDA will use in conducting the 

required referendum as well as future 

referendums provided under the Act. 

The 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 producer eligibility, 

(2) canvassing and counting ballots, and 

(3) reporting the results. AMS will 

coordinate importer voting. A 60 day 

comment period was provided from July 

16, 2010 through September 14, 2010 in 

order for interested persons to comment. 

Comments 

USDA published proposed 

procedures for conducting a Sorghum 

Promotion, Research and Information 

Program referendum on July 16, 2010 

[75 FR 41392] with a request for 

comments on the proposal to be 

received by September 14, 2010. USDA 

received two timely comments 

regarding the proposal. Two comments 

were received on September 10, 2010 by 

sorghum industry organizations. Both 

comments stated that the proposed rule 

adequately reflects the intentions of the 

producers they represent. Both 

comments suggested that section 

1221.222 Eligibility could be 

strengthened by adding a sentence to 

clarify that the intent of eligibility is to 

allow each entity one vote. This 

comment has merit and a new sentence 

has been added to section 1221.222 to 

add clarity. 

List of Subjects in 7 CFR Part 1221 

Administrative practice and 

procedure, Advertising, Agricultural 

research, Marketing agreements, 

Sorghum and sorghum products, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, Title 7, Chapter XI, part 1221 

of the Code of Federal Regulations, is 

amended as follows: 

PART 1221—SORGHUM PROMOTION, 

RESEARCH, AND INFORMATION 

■ 1. The authority citation for 7 CFR 

part 1221 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425. 

■ 2. In part 1221, subpart B is added to 

read as follows: 

Subpart B—Procedures for the Conduct of 

Referenda 

Definitions 

Sec. 

1221.200 Terms defined. 

1221.201 Administrator, AMS. 

1221.202 Administrator, FSA. 

1221.203 Eligible person. 

1221.204 Farm Service Agency. 

1221.205 Farm Service Agency County 

Committee. 

1221.206 Farm Service Agency County 

Executive Director. 

1221.207 Farm Service Agency State 

Committee. 

1221.208 Farm Service Agency State 

Executive Director. 

1221.209 Public notice. 

1221.210 Representative period. 

1221.211 Voting period. 

Procedures 

1221.220 General. 

1221.221 Supervision of the process for 

conducting referenda. 

1221.222 Eligibility. 

1221.223 Time and place of the 

referendum. 

1221.224 Facilities. 

1221.225 Certification and referendum 

ballot form. 

1221.226 Certification and voting 

procedures. 

1221.227 Canvassing voting ballots. 

1221.228 Counting ballots. 

1221.229 FSA county office report. 

1221.230 FSA State office report. 

1221.231 Results of the referendum. 

1221.232 Disposition of records. 

1221.233 Instructions and forms. 

1221.234 Confidentiality. 

Subpart B—Procedures for the 

Conduct of Referenda 

Definitions 

§ 1221.200 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. 

§ 1221.201 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. 

§ 1221.202 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. 

§ 1221.203 Eligible person. 

Eligible person is defined as any 

person subject to the assessment who 

during the representative period 

determined by the Secretary has 

engaged in the production or 

importation of sorghum. Such persons 

are eligible to participate in the 

referendum. 

§ 1221.204 Farm Service Agency. 

Farm Service Agency, also referred to 

as ‘‘FSA,’’ means the Farm Service 

Agency of USDA. 

§ 1221.205 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. 

§ 1221.206 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 


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70576 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 

office, or the person acting in such 

capacity. 

§ 1221.207 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. 

§ 1221.208 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. 

§ 1221.209 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 section 

518 of the Act. 

§ 1221.210 Representative period. 

Representative period means the 

period designated by the Secretary 

pursuant to section 518 of the Act. 

§ 1221.211 Voting period. 

The term voting period means a 

4-week period to be announced by the 

Secretary for voting in the referendum. 

Procedures 

§ 1221.220 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 for producers and 

through AMS headquarters offices for 

importers. 

(b) The Secretary shall determine if at 

least a majority of those persons voting 

favor the continuance of this part. 

§ 1221.221 Supervision of the process for 

conducting referenda. 

The Administrator, AMS, shall be 

responsible for supervising the process 

of permitting persons to vote in a 

referendum in accordance with this 

subpart. 

§ 1221.222 Eligibility. 

(a) Any person subject to the 

assessment who during the 

representative period determined by the 

Secretary has engaged in the production 

or importation of sorghum is eligible to 

participate in the referendum. An 

eligible person at the time of the 

referendum and during the 

representative period, shall be entitled 

to cast only one vote in the referendum. 

(b) Proxy registration. Proxy 

registration is not authorized, except 

that an officer or employee of a 

corporate producer or importer, or any 

guardian, administrator, executor, or 

trustee of a person’s estate, or an 

authorized representative of any eligible 

producer or importer 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, family 

members, sharecrop lease, joint tenants, 

tenants in common, owners of 

community property, a partnership, or a 

corporation). 

(c) Any individual, who votes on 

behalf of any producer or importer 

entity, shall certify that he or she is 

authorized by such entity to take such 

action. Upon request of the county FSA 

or AMS office, the person voting may be 

required to submit adequate evidence of 

such authority. 

(d) 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 or 

importation of sorghum during the 

representative period as a producer or 

importer 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. 

§ 1221.223 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 or AMS 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. 

(c) Each eligible producer 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 of sorghum in more than 

one county will vote in the county FSA 

office where the person does most of his 

or her business. 

(d) Each eligible importer will cast a 

ballot in the Marketing Programs 

Branch, Livestock and Seed Program, 

AMS, USDA, Room 2628–S, STOP 0251, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0251; 

Telephone: (202) 720–1115; Fax: (202) 

720–1125. 

§ 1221.224 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 a 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. 

§ 1221.225 Certification and referendum 

ballot form. 

Form LS–379 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 

and provide documentation such as a 

sales receipt or remittance form showing 

that the person voting was engaged in 

the production of sorghum 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 of sorghum during the 

representative period. 

§ 1221.226 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–379 in its 

entirety, sign it and, provide evidence 

that they were engaged in the 

production or importation of sorghum 

during the representative period. The 

person must legibly place his or her 

name and, if applicable, the entity 

represented, address, county and, 

telephone number. The person shall 

sign and certify on Form LS–379 that: 

(i) The person was engaged in the 

production or importation of sorghum 

during the representative period; 


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Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 70577 

(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 

(2) Only a completed and signed Form 

LS–379 accompanied by supporting 

documentation showing that the person 

was engaged in the production or 

importation of sorghum during the 

representative period shall be 

considered a valid vote. 

(b) To vote, eligible producers may 

obtain Form LS–379 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–379 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 of 

sorghum in more than one county will 

vote in the county FSA office where the 

person does most of his or her business. 

A completed and signed Form LS–379 

and the supporting documentation may 

be returned in-person, by mail, or 

facsimile to the appropriate county FSA 

office. Form LS–379 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–379 

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. To vote, eligible 

importers may obtain Form LS–379 inperson, by mail or, by facsimile from 

AMS offices or through the Internet 

during the voting period. A completed 

and signed Form LS–379 and 

supporting documentation, such as a 

U.S. Customs and Border Protection 

form 7501, must be returned to the AMS 

headquarters office. 

(c) A completed and signed Form LS– 

379 and the supporting documentation 

may be returned in-person, by mail, or 

facsimile to the appropriate county FSA 

office for producers and to AMS office 

for importers. Form LS–379 and 

supporting documentation returned inperson or by facsimile, must be received 

in the appropriate county FSA office for 

producers or the AMS office for 

importers prior to the close of the work 

day on the final day of the voting period 

to be considered a valid ballot. Form 

LS–379 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 for producers and the AMS office 

for importers on the 5th business day 

following the final day of the voting 

period. 

(d) Persons who obtain Form LS–379 

in-person at the appropriate FSA county 

office may complete and return it the 

same day along with the supporting 

documentation. Importers who obtain 

Form LS–379 in-person at the 

appropriate AMS office may complete 

and return it the same day along with 

the supporting documentation. 

§ 1221.227 Canvassing voting ballots. 

(a) Canvassing of Form LS–379 shall 

take place at the appropriate county 

FSA offices or AMS office on the 6th 

business day following the final day of 

the voting period. Canvassing of 

producer ballots 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) Canvassing of importer ballots will 

be performed by AMS personnel or any 

other person as deemed necessary. 

(c) Form LS–379 should be canvassed 

as follows: 

(1) Number of valid ballots. A person 

has been declared eligible by FSA or 

AMS to vote by completing Form LS– 

379 in its entirety, signing it, and 

providing supporting documentation 

that shows the person who cast the 

ballot during the voting period was 

engaged in the production or 

importation of sorghum. Such ballot 

will be considered a valid ballot. 

(2) Number of ineligible ballots. If 

FSA or AMS 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 or AMS 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. 

(d) Appeal. A person declared to be 

ineligible by FSA or AMS can appeal 

such decision and provide additional 

documentation to the FSA county office 

or AMS within 5 business days after the 

postmark date of the letter of 

notification of ineligibility. FSA or AMS 

will then make a final decision on the 

person’s eligibility and notify the person 

of the decision. 

(e) Invalid ballots. An invalid ballot 

includes, but is not limited to the 

following: 

(1) Form LS–379 is not signed or all 

required information has not been 

provided; 

(2) Form LS–379 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–379 and supporting 

documentation returned by mail was 

not postmarked by midnight of the final 

day of the voting period; 

(4) Form LS–379 and supporting 

documentation returned by mail was 

not received in the county FSA or AMS 

office by the 5th business day following 

the final day of the voting period; 

(5) Form LS–379 or supporting 

documentation is mutilated or marked 

in such a way that any required 

information on the Form is illegible; or 

(6) Form LS–379 and supporting 

documentation not returned to the 

appropriate county FSA or AMS office. 

§ 1221.228 Counting ballots. 

(a) Form LS–379 shall be counted by 

county FSA offices or the AMS office 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; 


jdjones on DSK8KYBLC1PROD with RULES
70578 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 

(4) Number of invalid ballots. 

§ 1221.229 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 the 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 

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. 

§ 1221.230 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. 

§ 1221.231 Results of the referendum. 

(a) The Administrator, FSA, shall 

submit to the Administrator, AMS, 

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 on its Web site. State reports and 

related papers shall be available for 

public inspection upon request during 

normal business hours at the Marketing 

Programs Branch; Livestock and Seed 

Program, AMS, USDA, Room 2628–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. 

§ 1221.232 Disposition of records. 

Each FSA CED will place in sealed 

containers marked with the 

identification of the ‘‘Sorghum Checkoff 

Program Referendum,’’ all of the Forms 

LS–379 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. 

§ 1221.233 Instructions and forms. 

The Administrator, AMS, is 

authorized to prescribe additional 

instructions and forms not inconsistent 

with the provisions of this subpart. 

§ 1221.234 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: November 10, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–29106 Filed 11–17–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

National Institute of Food and 

Agriculture 

7 CFR Part 3430 

[0524–AA64] 

Competitive and Noncompetitive 

Nonformula Federal Assistance 

Programs—Administrative Provisions 

for the Sun Grant Program 

AGENCY: National Institute of Food and 

Agriculture, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The National Institute of Food 

and Agriculture (NIFA), formerly the 

Cooperative State Research, Education, 

and Extension Service (CSREES), is 

publishing a set of specific 

administrative requirements as subpart 

O to 7 CFR part 3430 for the Sun Grant 

Program to supplement the Competitive 

and Noncompetitive Non-formula 

Federal Assistance Programs—General 

Award Administrative Provisions for 

this program. The Sun Grant Program is 

authorized under section 7526 of the 

Food, Conservation, and Energy Act of 

2008 (FCEA). 

DATES: This interim rule is effective on 

November 18, 2010. The Agency must 

receive comments on or before March 

18, 2011. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 0524–AA64, by any of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: policy@NIFA.usda.gov. 

Include RIN 0524–AA64 in the subject 

line of the message. 

Fax: 202–401–7752. 

Mail: Paper, disk or CD–ROM 

submissions should be submitted to 

National Institute of Food and 

Agriculture; U.S. Department of 

Agriculture; STOP 2299; 1400 

Independence Avenue, SW.; 

Washington, DC 20250–2299. 

Hand Delivery/Courier: National 

Institute of Food and Agriculture; U.S. 

Department of Agriculture; Room 2255, 

Waterfront Centre; 800 9th Street, SW.; 

Washington, DC 20024. 

Instructions: All comments submitted 

must include the agency name and the 

RIN for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Carmela Bailey, National Program 

Leader, Plant and Animal Systems, 

National Institute of Food and 

Agriculture, U.S. Department of 

Agriculture, STOP 3356, 1400 

Independence Avenue, Washington, DC 

20250–3356; Voice: 202–401–6443; Fax: 

202–401–4888; E-mail: 

cbailey@NIFA.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary 

Authority 

Section 7526 of the Food, 

Conservation, and Energy Act of 2008 

(FCEA), Public Law 110–246 (7 U.S.C. 

8114), provides authority to the 

Secretary of Agriculture (Secretary) to 

establish and carry out the Sun Grant 

Program under which grants are 

provided to Sun Grant Centers 

(hereafter, the Center(s)) and a 

Subcenter (as designated in section 

7526(b)(1)(A)–(F) of the FCEA) for the 

purpose of subawarding 75 percent of 

USDA-awarded funds through a 

regional competitive grants program 

administered by the Centers and 

Subcenter to fund multi-institutional 


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