[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Rules and Regulations]
[Pages 62827-62828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30600]


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NORTHEAST DAIRY COMPACT COMMISSION

7 CFR Chapter XIII


Results of Producer Referendum

AGENCY: Northeast Dairy Compact Commission.

ACTION: Notice of referendum results.

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SUMMARY: On October 23, 1997, the Northeast Dairy Compact Commission 
adopted, by final rule, an extension of the current over-order price 
regulation through the termination of the Compact enabling 
legislation,\1\ which is published elsewhere in this issue of the 
Federal Register. To become effective, the extension of a price 
regulation must be approved by at least two-thirds of all producers 
voting by referendum. A producer referendum was held during the period 
of October 24 through November 12, 1997. The extension of the 
Commission's price regulation through termination of the Compact 
enabling legislation was approved by more than two-thirds of all 
producers voting in the referendum. This document discusses the 
referendum on the final rule and gives notice of the results.

    \1\ U.S.C. 7256(3).
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ADDRESSES: Northeast Dairy Compact Commission, 43 State Street, P.O. 
Box 1058, Montpelier, Vermont 05601.

FOR FURTHER INFORMATION CONTACT:
Daniel Smith, Executive Director, Northeast Dairy Compact Commission at 
the above address or by telephone at (802) 229-1941 or by facsimile at 
(802) 229-2028.

SUPPLEMENTARY INFORMATION: The Compact Commission was established under 
the authority of the Northeast Interstate Dairy Compact (``Compact''). 
The Compact was enacted into law by each of the six participating New 
England states as follows: Connecticut--Pub. L. 93-320; Maine--Pub. L. 
89-437, as amended, Pub. L. 93-274; Massachusetts--Pub. L. 93-370; New 
Hampshire--Pub. L. 93-336; Rhode Island--Pub. L. 93-106; Vermont--Pub. 
L. 89-95, as amended, 93-57. Consistent with Article I, Section 10 of 
the United States Constitution, Congress consented to the Compact in 
Pub. L. 104-127 (FAIR ACT), Section 147, codified at 7 U.S.C. 7256. 
Subsequently, the United States Secretary of Agriculture, pursuant to 7 
U.S.C. 7256(1), authorized implementation of the Compact.
    Article V, Section 13(a) of the Compact provides that to ascertain 
whether a price regulation established by the Commission is approved by 
producers the Commission shall conduct a referendum among producers. 
Section 13(b) provides further that a price regulation shall be deemed 
approved by producers if the Commission determines that it is approved 
by at least two-thirds of the voting producers who, during a 
representative period, have been engaged in the production of milk 
subject to Commission price regulation. Section 13(c) directs the 
Commission to consider the approval or disapproval of any qualified 
cooperative association by block vote as the approval or disapproval of 
the producers who are members or stockholders in the cooperative 
association. Section 13(c)(4) provides that producers who are members 
of cooperatives may express their approval or disapproval of the order 
by ballot, contrary to the position taken by their cooperative, and the 
Commission shall then remove their vote from the total certified by the 
Cooperative.
    By Final Rule, published in this Federal Register, the Commission 
adopted an extension of the over-order price regulation through 
termination of the Compact enabling legislation on October 23, 1997. 
The Final Rule includes specific findings of fact required under 
Section 12(a)(1)-(4) of the Compact. The following notice provides 
certification of the finding required under Section 12(a)(4), 
specifically: ``Whether the terms of the proposed regional order or 
amendment are approved by producers as provided in section 13.''
    The Commission adopted the following resolution for certifying a 
referendum vote at its October 23, 1997 meeting:

Referendum Approval Certification Procedure

    The Compact Commission resolves and adopts this procedure for 
certifying whether the Price Regulation adopted on October 23 has 
been duly approved by producer referendum in accordance with Article 
V, Sec. 12 of the Northeast Interstate Dairy Compact.
    The Compact Commission further resolves to designate and 
authorize a ``Referendum Agent'' to administer this procedure. The 
Referendum Agent shall:
    1. Verify all ballots in accordance with Commission's 
requirements with respect to timeliness, Cooperative identification, 
producer eligibility, appearance of authenticity and other steps 
taken to avoid duplication of ballots. Ballots determined by the 
referendum agent to be invalid shall be marked ``disqualified'' with 
a notation of the reason for the disqualification. Disqualified 
ballots shall not be considered in determining approval or 
disapproval of the regulation. Verification of ballots shall include 
those cast individually and by block vote.
    2. Certify the following:
    a. The total number of ballots cast.
    b. The total number of ballots disqualified.
    c. The total number of verified ballots cast in favor of the 
price.
    d. The total number of verified ballots cast in opposition to 
the price regulation.
    e. Whether two-thirds of all verified ballots were cast in the 
affirmative.
    3. Report to the Executive Director of the Compact Commission 
the certified computations and results of the referendum under 
Section 2, who shall publish such results in the Federal Register.
    4. At the completion of his or her work, shall seal all ballots, 
including the disqualified ballots, and shall submit a final report 
to the Executive Director stating all actions taken in connection 
with the referendum. The final report shall include all ballots cast 
and all other information furnished to or compiled by the Referendum 
Agent.
    The ballots cast, the identity of any person or cooperative, or 
the manner in which any person or cooperative voted and all 
information furnished to or compiled by the Referendum Agent shall 
be regarded as confidential.
    The Commission hereby duly appoints Mae Schmidle as the 
Referendum Agent to act in accordance with the procedures adopted by 
this Resolution.

    The Commission appointed Ms. Mae Schmidle, the Commission's Vice 
Chair as Referendum Agent. A referendum was held during the period of 
October 24 through November 12, 1997. All producers who were producing 
milk pooled in Federal Order #1 or for consumption in New England, 
during August of 1997, the representative period determined by the 
Commission were deemed eligible to vote. The mailing of ballots to 
eligible producers was completed on October 30, 1997 by the Federal 
Order #1 Market Administrator. The ballots included an official summary 
of the Commission's action. Producers were notified that, to be 
counted, their ballots had to be returned to the Commission offices by 
5:00 PM on November 12, 1997.
    Eleven Cooperative Associations were notified of the procedures 
necessary to

[[Page 62828]]

block vote by a letter dated October 24, 1997. Cooperatives were 
required to provide prior written notice of their intention to block 
vote to all members on a form provided by the Commission, and to 
certify to the Commission that (1) timely notice was provided, (2) the 
number of eligible producers for whom they claimed to be voting, and 
(3) that they were qualified under the Capper-Volstead Act. Cooperative 
Associations were further notified that Cooperative Association block 
vote reporting forms had to be returned to the Commission offices by 
5:00 PM on November 12, 1997.

Notice

    On November 13, 1997 the duly authorized referendum agent verified 
all Ballots according to procedures and criteria established by the 
Commission. A total of 4,178 ballots were mailed to eligible producers. 
All ballots and Block Vote Reporting Forms received by the Commission 
were opened and counted. A total of 3,560 producer ballots were 
returned to the Commission office. Ballots and Block Vote Reporting 
forms were verified or disqualified based on criteria established by 
the Commission, including timeliness, cooperative identification by 
cooperative members, producer eligibility, appearance of authenticity, 
appropriate certifications by cooperative associations and other steps 
taken to avoid duplication of ballots. Ballots determined by the 
referendum agent to be invalid were marked ``disqualified'' with a 
notation as to the reason. A total of 65 ballots were disqualified by 
the referendum agent.
    The referendum agent then certified the following:
    A total of 4,178 ballots were mailed to eligible producers.
    A total of 3,560 ballots were returned to the Commission.
    A total of 65 ballots were disqualified.
    A total of 3,495 ballots were verified.
    A total of 3,482 verified ballots were cast in favor of the price 
regulation.
    A total of 13 verified ballots were cast in opposition to the price 
regulation.
    Accordingly, pursuant to the Referendum Approval Certification 
Procedure resolution adopted by the Northeast Diary Compact Commission 
on October 23, 1997, I hereby provide notice that 3,482 of 3,495 
verified ballots cast or 99.6% of all verified ballots cast were in 
favor of the price regulation, and that, therefore, greater than two-
thirds of all verified were cast in the affirmative.
Daniel Smith,
Executive Director.
[FR Doc. 97-30600 Filed 11-24-97; 8:45 am]
BILLING CODE 1650-01-M