41392 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 

Impacts Summary 

The FSEIS outlines and compares all 

of the alternatives potential impacts. 

Both beneficial and adverse effects were 

identified for activities authorized by 

ECP that would now be implemented on 

the new land categories as described in 

the Proposed Action. Removing debris, 

shaping and leveling land, reestablishing vegetation, and restoring 

conservation structures after a natural 

disaster, as allowed under the existing 

ECP would now also have long-term 

benefits for vegetation and wildlife on 

timberlands and farmsteads included in 

the Proposed Action. Re-establishing 

permanent vegetation and conservation 

structures would ultimately improve 

local water quality, reduce soil erosion, 

and enhance wildlife habitat by 

promoting biological diversity on these 

new land categories. Beneficial impacts 

to surface water quality, groundwater 

quality, forest health, forest-related 

resources, floodplains, and wetlands 

would be realized from implementation 

of the conservation practices established 

on farmsteads and timberlands. Reestablishing vegetation, wind control 

measures, and releveling land would all 

reduce erosion potential and protect the 

area from soil loss. Restoration activities 

that include mechanical removal of 

debris, using heavy equipment to shape 

and level land, and ground preparations 

for installing vegetation, would not be 

substantially different than similar 

activities on agricultural lands. 

However, wildlife may be temporarily 

displaced during restoration, or 

displaced long term until habitat 

structure is re-established after a 

disaster. It is possible that due to the 

scope of the damage caused by a natural 

disaster that no suitable habitat is 

nearby, or nearby habitat may already 

have established wildlife at a capacity 

that cannot sustain additional animals 

in the long term. Of the new categories 

of farmland included in the Proposed 

Action, timberland has the most 

potential for having undisturbed land. 

Establishing access roads and 

restoration of timberland areas would 

temporarily remove vegetation in the 

immediate area and have the potential 

for spreading invasive plant species. 

This activity also has the potential to 

increase soil erosion that may increase 

sedimentation of nearby waters. The use 

of heavy machinery, especially in 

timberland areas, could compact soils, 

impairing water infiltration and 

vegetation growth. 

The Proposed Action to expand the 

program eligibility to timberland, 

farmsteads, and farm buildings would 

increase the potential for encountering a 

historic property. The use of heavy 

equipment could negatively affect 

historic properties through ground 

disturbance. 

Potential benefits and adverse impacts 

to these sites would be the same as 

those described in the current ECP. 

Most of the above possible adverse 

impacts may be controlled by 

employing best management practices 

that minimize this potential, such as 

washing equipment before entering or 

leaving the work area to minimize 

spreading invasive plant species, 

ensuring seed mixes do not include 

invasive or noxious species, controlling 

access of machinery to the work area, 

employment of silt fencing, use of 

vegetative strips to stabilize soil, and 

stockpiling topsoil for re-use in 

establishing new vegetation. 

Protected species that occur or have 

the potential to occur in areas approved 

for ECP would be protected through 

informal consultation with USFWS 

during the site-specific environmental 

evaluation. If impacts are identified, 

formal consultation with USFWS would 

be completed. 

If negative impacts to listed species 

are found, it is not likely the land would 

be approved for ECP. However, FSA 

would continue to encourage FSA State 

offices to develop memoranda of 

understandings with USFWS to 

expedite reviews at the site specific 

level. 

Under the Proposed Action, 

expanding the eligibility of ECP allows 

for the continuation of cost share 

payments to producers, and allows more 

producers to apply for assistance. 

Rational for Decision 

None of the impacts discussed in the 

FSEIS are considered significant, and 

there are no adverse cumulative impacts 

expected on environmental resources. It 

is possible to manage most of these 

concerns and therefore minimize any 

potentially adverse effects by employing 

best management practices, and through 

site specific environmental evaluations 

for certain practices prior to enrolling 

particular lands into ECP. Further 

avoidance, minimization, and 

mitigation of impacts would be 

addressed in the Federal and State 

permitting processes prior to enrolling 

specific lands. These measures would 

be incorporated into a conservation plan 

prior to accepting land proposed for 

enrollment in ECP. 

Implementation and Monitoring 

FSA will implement the Proposed 

Action as specified in the ECP FSEIS. 

The Proposed Action alternative allows 

different types of land to be eligible for 

ECP benefits, thereby potentially 

providing producers greater financial 

assistance. Restoring land to agricultural 

production after a natural disaster 

provides long-term benefits to water 

quality, improves soil stability, restores 

wildlife habitat, and helps to stabilize 

the local economy. Any deviation from 

the Proposed Action alternative and the 

area of potential effects evaluated in the 

FSEIS may require supplemental 

environmental analyses. FSA will 

ensure that impacts are minimized 

through a process of completing sitespecific environmental evaluations for 

certain ECP practices for each 

application. 

Signed in Washington, DC, on June 25, 

2010. 

Jonathan W. Coppess, 

Administrator, Farm Service Agency. 

[FR Doc. 2010–16755 Filed 7–15–10; 8:45 am] 

BILLING CODE 3410–05–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: Proposed 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 proposed rule establishes 

procedures the Department of 

Agriculture (USDA) would use in 

conducting the required referendum as 

well as future referenda. Eligible 

persons would 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. 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41393 

DATES: Comments regarding this 

proposal must be received by September 

14, 2010. 

Comments on this proposal must be 

posted online at http:// 

www.regulations.gov or sent to Kenneth 

R. Payne, Chief, 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. Comments will be made 

available for public inspection via the 

Internet at http://www.regulations.gov. 

All comments should reference the 

docket number, Docket No. AMS–LS– 

10–0003, the date, and the page number 

of this issue of the Federal Register. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

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 email on rick.pinkston@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This proposed 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 proposed 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 

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 proposed rule would establish 

the procedures USDA would use for the 

conduct of a nationwide referendum 

among eligible persons to determine if 

the Order should be continued. This 

proposal would add a new subpart that 

establishes procedures to conduct the 

initial and future referendum. The new 

subpart would cover definitions, 

certification and voting procedures, 

eligibility, disposition of forms and 

records, FSA’s role, 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 would be 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 

would not impose a significant 

economic burden on participants. 

Accordingly, the Administrator of AMS 

has determined that this proposed 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. 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
41394 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 

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 would not have to interrupt 

planting operations at a critical time to 

go and vote. 

The Order would 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 would begin the 

process of terminating the program. 

Eligible persons would be 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 

would 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 proposes that the 

representative period for the production 

or importation of sorghum would be 

July 1, 2008 through December 31, 2010. 

USDA also proposes that the ballots 

may be cast in person, by facsimile, or 

by mail-in vote at the appropriate 

county FSA or, for importers, AMS 

offices. Providing producers an 

opportunity to vote at the county FSA 

office and importers through the AMS 

office would give persons subject to the 

Order the greatest opportunity to vote in 

the referendum. 

Producers would vote at the county 

Farm Service Agency (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 would 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 would 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 would 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 proposed rule establishes 

procedures USDA would use in 

conducting the required referendum as 

well as future referendums provided 

under the Act. The proposed rule 

includes definitions, eligibility, 

certification and voting procedures, 

reporting results, and disposition of the 

forms and records. 

FSA would 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 would coordinate importer voting. 

A 60 day comment period is provided 

for interested persons to comment. 

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, it is proposed that part 1221, 

Title 7 of Chapter XI of the Code of 

Federal Regulations, be 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. 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 Eligibility. 

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 Certifications 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 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41395 

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 Eligibility. 

Eligibility 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 

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, 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 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. 

(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 would 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 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
41396 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 

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; 

(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 

Customs and Border Protection form 

7501, must be returned to the from 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 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41397 

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; 

(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: July 9, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–17272 Filed 7–15–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1429 

RIN 0560–AI02 

Asparagus Revenue Market Loss 

Assistance Payment Program 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Proposed rule. 

SUMMARY: The Commodity Credit 

Corporation (CCC) proposes regulations 

to implement the new Asparagus 

Revenue Market Loss Assistance 

Payment (ALAP) Program authorized by 

the Food, Conservation, and Energy Act 

of 2008 (the 2008 Farm Bill). The 

purpose of the program is to compensate 

domestic asparagus producers for 

marketing losses resulting from imports 

during the 2004 through 2007 crop 

years. Payments will be calculated 

based on 2003 crop production. 

Through the ALAP Program, CCC is 

authorized to provide up to $15 million 

in direct payments to asparagus 

producers. This rule proposes eligibility 

requirements, payment application 

procedures, and the method for 

calculating individual payments. This 

rule also proposes new information 

collection for the payment application. 

DATES: We will consider comments that 

we receive by September 14, 2010. 

ADDRESSES: We invite you to submit 

comments on this proposed rule and on 

the information collection. In your 

comment, include the volume, date, and 

page number of this issue of the Federal 

Register. You may submit comments by 

any of the following methods: 

• E-mail: Gene.rosera@wdc.usda.gov. 

• Fax: (202) 690–1536. 

• Mail: Director, Price Support 

Division, Farm Service Agency (FSA), 

U.S. Department of Agriculture (USDA), 

Mail Stop 0512, Rm. 4095–S, 1400 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1