69110 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 

(1) The first referendum shall be 

conducted not later than 3 years after 

assessments first begin under the Order; 

(2) The order will be approved in a 

referendum if: 

(i) A majority of producers and 

importers vote for approval in the 

referendum. 

(b) Subsequent referenda. The 

Secretary shall conduct subsequent 

referenda: 

(1) For the purpose of ascertaining 

whether producers and importers favor 

the continuation, suspension, or 

termination of the Order; 

(2) Every seven years the Secretary 

shall hold a referendum to determine 

whether producers and importers of 

Christmas trees favor the continuation 

of the Order. The Order shall continue 

if it is favored by a majority of 

producers and importers voting for 

approval in the referendum who have 

been engaged in the production or 

importation of Christmas trees; 

(3) At the request of the Board 

established in this Order; 

(4) At the request of 10 percent or 

more of the number of persons eligible 

to vote in a referendum as set forth 

under the Order; or 

(5) At any time as determined by the 

Secretary. 

§ 1214.82 Suspension or termination. 

(a) The Secretary shall suspend or 

terminate this part or subpart or a 

provision thereof, if the Secretary finds 

that the subpart or a provision thereof 

obstructs or does not tend to effectuate 

the purpose of the Act, or if the 

Secretary determines that this subpart or 

a provision thereof is not favored by 

persons voting in a referendum 

conducted pursuant to the Act. 

(b) The Secretary shall suspend or 

terminate this subpart at the end of the 

fiscal period whenever the Secretary 

determines that its suspension or 

termination is favored by a majority of 

producers and importers voting in a 

referenda who, during a representative 

period determined by the Secretary, 

have been engaged in the production or 

importation of Christmas trees. 

(c) If, as a result of a referendum the 

Secretary determines that this subpart is 

not approved, the Secretary shall: 

(1) Not later than one hundred and 

eighty (180) days after making the 

determination, suspend or terminate, as 

the case may be, collection of 

assessments under this subpart; and 

(2) As soon as practical, suspend or 

terminate, as the case may be, activities 

under this subpart in an orderly 

manner. 

§ 1214.83 Proceedings after termination. 

(a) Upon the termination of this 

subpart, the Board shall recommend not 

more than three of its members to the 

Secretary to serve as trustees for the 

purpose of liquidating the affairs of the 

Board. Such persons, upon designation 

by the Secretary, shall become trustees 

of all of the funds and property then in 

the possession or under control of the 

Board, including claims for any funds 

unpaid or property not delivered, or any 

other claim existing at the time of such 

termination. 

(b) The said trustees shall: 

(1) Continue in such capacity until 

discharged by the Secretary; 

(2) Carry out the obligations of the 

Board under any contracts or 

agreements entered into pursuant to the 

Order; 

(3) From time to time account for all 

receipts and disbursements and deliver 

all property on hand, together with all 

books and records of the Board and the 

trustees, to such person or persons as 

the Secretary may direct; and 

(4) Upon request of the Secretary 

execute such assignments or other 

instruments necessary and appropriate 

to vest in such persons title and right to 

all funds, property and claims vested in 

the Board or the trustees pursuant to the 

Order. 

(c) Any person to whom funds, 

property or claims have been transferred 

or delivered pursuant to the Order shall 

be subject to the same obligations 

imposed upon the Board and upon the 

trustees. 

(d) Any residual funds not required to 

defray the necessary expenses of 

liquidation shall be turned over to the 

Secretary to be disposed of, to the extent 

practical, to one or more Christmas tree 

organizations in the United States in the 

interest of continuing Christmas tree 

promotion, research, and information 

programs. 

§ 1214.84 Effect of termination or 

amendment. 

Unless otherwise expressly provided 

by the Secretary, the termination of this 

subpart or of any regulation issued 

pursuant thereto, or the issuance of any 

amendment to either thereof, shall not: 

(a) Affect or waive any right, duty, 

obligation or liability which shall have 

arisen or which may thereafter arise in 

connection with any provision of this 

subpart or any regulation issued 

thereunder. 

(b) Release or extinguish any violation 

of this subpart or any regulation issued 

thereunder. 

(c) Affect or impair any rights or 

remedies of the United States, or of the 

Secretary or of any other persons, with 

respect to any such violation. 

§ 1214.85 Personal liability. 

No member or employee of the Board 

shall be held personally responsible, 

either individually or jointly with 

others, in any way whatsoever, to any 

person for errors in judgment, mistakes, 

or other acts, either of commission or 

omission, as such member or employee, 

except for acts of dishonesty or willful 

misconduct. 

§ 1214.86 Separability. 

If any provision of this subpart is 

declared invalid or the applicability 

thereof to any person or circumstances 

is held invalid, the validity of the 

remainder of this subpart or the 

applicability thereof to other persons or 

circumstances shall not be affected 

thereby. 

§ 1214.87 Amendments. 

Amendments to this subpart may be 

proposed from time to time by the Board 

or by any interested person affected by 

the provisions of the Act, including the 

Secretary. 

§ 1214.88 OMB control numbers. 

The control number assigned to the 

information collection requirements by 

the Office of Management and Budget 

pursuant to the Paperwork Reduction 

Act of 1995, 44 U.S.C. Chapter 35, is 

OMB control number 0505–0001, and 

OMB control number 0581–0267 and 

0581–0268. 

Subpart B—[Reserved] 

Dated: November 1, 2011. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2011–28798 Filed 11–7–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1214 

[Document No. AMS–FV–10–0008–FR] 

RIN 0581–AD00 

Christmas Tree Promotion, Research, 

and Information Order; Referendum 

Procedures 

AGENCY: Agricultural Marketing Service, 

Agriculture, USDA. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

procedures for conducting a referendum 

to determine whether the continuation 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 69111 

of the Christmas Promotion, Research, 

and Information Order (Order) is 

favored by domestic producers and 

importers of Christmas trees. This 

program will be implemented under the 

Commodity Promotion, Research, and 

Information Act of 1996 (1996 Act). The 

1996 Act allows for a referendum to be 

conducted up to three years after the 

effective date of the Order. The program 

will be continued if approved by a 

simple majority of the current eligible 

domestic producers and importers 

voting in the referendum. These 

procedures will also be used for any 

subsequent referendum under the 

Order. The Order is being published 

separately in this issue of the Federal 

Register. 

DATES: Effective Date: December 8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella, Marketing 

Specialist, Research and Promotion 

Branch, FV, AMS, USDA, Stop 0244, 

Room 1406–S, 1400 Independence 

Avenue SW., Washington, DC 20250– 

0244; telephone (202) 720–9915 or (888) 

720–9917 (toll free) or email: 

Patricia.Petrella@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued pursuant to the Commodity 

Promotion, research, and Information 

Act of 1996 (1996 Act) (7 U.S.C. 7411– 

7425). 

As part of this rulemaking process, 

two proposed rules were published in 

the Federal Register on November 8, 

2010. One rule pertained to the 

proposed Order (75 FR 68512) and a 

second rule pertained to proposed 

referendum procedures (75 FR 68529). 

Both rules provided for 60-day comment 

periods ending on February 7, 2011. No 

comments were received regarding the 

referendum procedures. However, the 

comment period for the proposed order 

was extended until March 9, 2011 

(76 FR 9695). Five hundred and sixty 

five comments were received regarding 

the proposed Order. Those comments 

are addressed in another final rule 

published earlier in the Federal 

Register. 

Executive Order 12866 

This rule has been determined to be 

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 rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. Section 524 of the 

1996 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 1996 Act, a 

person subject to an order may file a 

petition with the Department (USDA) 

stating that an order, any provision of an 

order, or any obligation imposed in 

connection with an order, is not 

established in accordance with the law. 

In the petition, the person may request 

a modification of an order or an 

exemption from an order. Any petition 

filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, the Department will 

issue a ruling on the petition. The 1996 

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 entry of the Department’s final 

ruling. 

This final rule establishes procedures 

for conducting a referendum to 

determine whether the continuation of 

the Christmas Promotion, Research, and 

Information Order (Order) is favored by 

domestic producers and importers of 

Christmas trees. Domestic producers 

and importers can vote three years after 

the establishment of the program to 

determine if they favor the continuation 

of the program. This referendum will 

need to be approved by a simple 

majority of the eligible domestic 

producers and importers voting in the 

referendum. The proponents proposed 

that a referendum be held among 

domestic producers and importers three 

years after the first assessments begin to 

determine whether they favor 

continuation of the program. USDA will 

conduct the referendum. These 

procedures will also be used for any 

subsequent referendum under the 

Order. 

The 1996 Act authorizes USDA to 

establish agricultural commodity 

research and promotion orders which 

may include a combination of 

promotion, research, industry 

information, and consumer information 

activities funded by mandatory 

assessments. These programs are 

designed to maintain and expand 

markets and uses for agricultural 

commodities. As defined under section 

513(1)(D) of the 1996 Act, agricultural 

commodities include the products of 

forestry, which includes Christmas 

trees. 

The 1996 Act provides for alternatives 

within the terms of a variety of 

provisions. Paragraph (e) of section 518 

of the 1996 Act provides three options 

for determining industry approval of a 

new research and promotion program: 

(1) By a majority of those persons 

voting; (2) by persons voting for 

approval who represent a majority of the 

volume of the agricultural commodity; 

or (3) by a majority of those persons 

voting for approval who also represent 

a majority of the volume of the 

agricultural commodity. In addition, 

section 518 of the 1996 Act provides for 

referenda to ascertain approval of an 

order to be conducted either prior to its 

going into effect or within three years 

after assessments first begin under an 

order. 

USDA received a proposal for a 

national research and promotion 

program for Christmas trees from the 

Christmas Tree Checkoff Task Force 

(Task Force). The program will be 

financed by an assessment on Christmas 

trees domestic producers and importers 

and would be administered by a board 

of industry members selected by the 

Secretary of Agriculture (Secretary). The 

initial assessment rate will be $0.15 per 

Christmas tree domestically produced or 

imported into the United States and 

could be increased up to $0.20 per 

Christmas tree. The purpose of the 

program will be to strengthen the 

position of fresh cut Christmas trees in 

the marketplace and maintain and 

expand markets for Christmas trees 

within the United States. 

The Task Force proposed that a 

referendum be held among domestic 

producers and importers three years 

after the first assessments begin to 

determine whether they favor 

continuation of the program. The Task 

Force recommended that the program be 

continued if it is favored by a majority 

of the current domestic producers and 

importers voting in the referendum. 

Current domestic producers or 

importers who domestically produce or 

import more than 500 Christmas trees 

annually will be eligible to vote in the 

referendum. 

Accordingly, this rule will add 

subpart B to part 1214 that will establish 

procedures for conducting the 

referendum. The procedures will cover 

definitions, voting instructions, use of 

subagents, ballots, the referendum 

report, and confidentiality of 

information. The procedures will be 

applicable for the initial referendum 

and future referenda. 


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69112 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 

Final Regulatory Flexibility Act 

Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS is required to examine the 

impact of the final rule on small 

entities. Accordingly, AMS has 

considered the economic impact of this 

action 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 Small 

Business Administration defines, in 13 

CFR part 121, small agricultural 

producers as those having annual 

receipts of no more than $750,000 and 

small agricultural service firms 

(domestic manufacturers and importers) 

as those having annual receipts of no 

more than $7.0 million. 

Under these criteria, the majority of 

the domestic producers that would be 

covered under this Order will be 

considered small entities, while most 

importers will not. Domestic producers 

and importers who produced or 

imported less than 500 Christmas trees 

annually will be exempt from the 

assessment. Organic domestic producers 

and importers are also expected to be 

exempt from assessments. The number 

of entities assessed under the program 

would be approximately 3,263. 

Estimated revenue is expected at $2 

million of which 10 percent is expected 

from imported product and 90 percent 

from domestic product. 

According to the Task Force, based on 

data from the 2007 Census of 

Agriculture, there were approximately 

12,255 Christmas tree farms that 

produced Christmas trees in the United 

States. Approximately 25 percent of the 

domestic producers or 3,100 Christmas 

tree domestic producers will be subject 

to the assessment based on the 

exemption of those producing less than 

500 Christmas trees would be exempt 

from assessments. Approximately 95 

percent of the domestic producers 

subject to the assessment qualified 

under the definition for small business 

owners. In 2008, there were 

approximately 175 importers. Based on 

the U.S. Customs data, 163 importers 

are subject to the assessment rate under 

the proposed Order. 

This rule establishes procedures for 

conducting a referendum to determine 

whether domestic producers and 

importers favor continuation of a 

Christmas tree Order. USDA will 

conduct the referendum. The 1996 Act 

allows for a referendum to be conducted 

determining if domestic producers and 

importers favor the Order and also 

providing that a referendum be 

conducted up to three years after the 

effective date of the Proposed Order. 

Domestic producers and importers can 

vote three years after the establishment 

of the program to determine if they favor 

the continuation of the program. The 

procedures will also be used for any 

subsequent referendum under the 

Order. The procedures are authorized 

under paragraph (e) of section 518 the 

1996 Act. 

Regarding the economic impact of the 

Order on affected entities, domestic 

producers and importers of more than 

500 Christmas trees annually will be 

required to pay assessments to the 

Board. As previously mentioned, the 

initial assessment rate will be $0.15 per 

Christmas tree domestically produced or 

imported to the United States and could 

be increased to no more than $0.20 per 

Christmas tree. Voting in the 

referendum is optional. If current 

domestic producers and importers chose 

to vote, the burden of voting would be 

offset by the benefits of having the 

opportunity to vote on whether or not 

they want the program to become 

effective. 

Regarding alternatives, USDA 

considered requiring eligible voters to 

vote in person at various USDA offices 

across the country. Conducting the 

referendum from one central location by 

mail ballot will be more cost effective 

and reliable. USDA will provide easy 

access to information for potential 

voters through a toll free telephone line. 

This action imposes an additional 

reporting burden on eligible domestic 

producers and importers of Christmas 

trees. Current eligible domestic 

producers and importers will have the 

opportunity to complete and submit a 

ballot to USDA indicating whether or 

not they favor continuation of the Order. 

The specific burden for the ballot is 

detailed later in this document in the 

section titled Paperwork Reduction Act. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this 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. 

Regarding outreach efforts, USDA will 

keep these individuals informed 

throughout the program implementation 

and referendum process to ensure that 

they are aware of and are able to 

participate in the program 

implementation process. USDA will 

also publicize information regarding the 

referendum process so that trade 

associations and related industry media 

can be kept informed. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the referendum ballot, 

which represents the information 

collection and recordkeeping 

requirements that may be imposed by 

this rule, has been preapproved by 

OMB. 

Title: Referendum for Christmas Tree 

Promotion, Research, and Information 

Program. 

OMB Number: 0581–0267. 

Expiration Date of Approval: 12/31/ 

2013. 

Type of Request: Approval of a 

preapproved collection. 

Abstract: The information collection 

requirements in this request are 

essential to carry out the intent of the 

1996 Act. The information collection 

concerns a proposal received by USDA 

for a national research and promotion 

program for Christmas trees. The 

program will be financed by an 

assessment on Christmas tree domestic 

producers and importers and will be 

administered by a board of industry 

members selected by the Secretary. The 

program will provide an exemption for 

domestic producers and importers that 

domestically produce or import less 

than 500 Christmas trees annually. A 

referendum will be held among eligible 

domestic producers and importers to 

determine whether they favor 

continuation of the program. The 

purpose of the program will be to help 

build the market for fresh cut Christmas 

trees. 

The information collection 

requirements in this rule concern the 

referendum that will be held to 

determine whether the program is 

favored by the industry. Current 

domestic producers and importers that 

domestically produce or import more 

than 500 Christmas trees annually will 

be eligible to vote in the referendum. 

The ballot will be completed by eligible 

current domestic producers and 

importers who want to indicate whether 

or not they support continuation of the 

program. 

Referendum Ballot 

Estimate of Burden: Public 

recordkeeping burden for this collection 

of information is estimated to average 

0.25 hour per application. 


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Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 69113 

Respondents: Domestic producers and 

importers. 

Estimated Number of Respondents: 

3,263 (3,100 domestic producers and 

163 importers). 

Estimated Number of Responses per 

Respondent: 1 every 7 years (0.14). 

Estimated Total Annual Burden on 

Respondents: 114.21 hours. 

The ballot will be added to the other 

information collections approved under 

OMB No. 0581–0267. 

An estimated 3,263 respondents 

would provide information to the Board 

(3,100 domestic producers and 163 

importers). The estimated cost of 

providing the information to the Board 

by respondents will be $3,768.93. This 

total has been estimated by multiplying 

114.21 total hours required for reporting 

and recordkeeping by $33, the average 

mean hourly earnings of various 

occupations involved in keeping this 

information. Data for computation of 

this hourly rate was obtained from the 

U.S. Department of Labor Statistics. 

The Order’s provisions have been 

carefully reviewed, and every effort has 

been made to minimize any unnecessary 

recordkeeping costs or requirements, 

including efforts to utilize information 

already submitted under other programs 

administered by USDA and other state 

programs. 

Request for Public Comment Under the 

Paperwork Reduction Act 

A proposed rule regarding the 

referendum procedures was published 

in the Federal Register on November 8, 

2010 (75 FR 68529). Copies of the rule 

were made available by USDA through 

the Office of the Federal Register and 

were also made available via the 

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

That rule provided for a 60-day 

comment period. No comments were 

received. 

In the November 8, 2010, proposed 

rule, comments were also invited on the 

information collection requirements 

prescribed in the Paperwork Reduction 

Act section of this rule. Specifically, 

comments were solicited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of functions of the 

proposed Order and USDA’s oversight 

of the proposed Order, including 

whether the information would have 

practical utility; (b) the accuracy of 

USDA’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

the accuracy of USDA’s estimate of the 

principal manufacturing areas in the 

United States for softwood lumber; (d) 

the accuracy of USDA’s estimate of the 

number of domestic manufacturers and 

importers of softwood lumber that 

would be covered under the program; 

(e) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (f) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

No comments were received regarding 

information collection. 

List of Subjects in 7 CFR Part 1214 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Christmas trees, Promotion, Reporting 

and recordkeeping requirements. 

For the reasons set forth in the 

preamble, Title 7, Chapter XI of the 

Code of Federal Regulations, is 

amended to read as follows: 

PART 1214—CHRISTMAS TREES, 

PROMOTION, RESEARCH AND 

INFORMATION ORDER 

■ 1. The authority citation for part 1214 

continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

■ 2. Add subpart B to part 1214 to read 

as follows: 

Subpart B—Referendum Procedures 

Sec. 

1214.100 General. 

1214.101 Definitions. 

1214.102 Voting. 

1214.103 Instructions. 

1214.104 Subagents. 

1214.105 Ballots. 

1214.106 Referendum report. 

1214.107 Confidential information. 

1214.108 OMB control number. 

Subpart B—Referendum Procedures 

§ 1214.100 General. 

Referenda to determine whether 

eligible domestic producers and 

importers of Christmas trees favor the 

continuance, amendment, suspension, 

or termination of the Christmas Tree 

Promotion, Research, and Information 

Order shall be conducted in accordance 

with this subpart. 

§ 1214.101 Definitions. 

(a) Administrator means the 

Administrator of the Agricultural 

Marketing Service, with power to 

delegate, or any officer or employee of 

the U.S. Department of Agriculture to 

whom authority has been delegated or 

may hereafter be delegated to act in the 

Administrator’s stead. 

(b) Customs means the United States 

Customs and Border Protection or U.S. 

Customs Service, an agency of the 

United States Department of Homeland 

Security. 

(c) Department means the U.S. 

Department of Agriculture or any officer 

or employee of the Department to whom 

authority has heretofore been delegated, 

or to whom authority may hereafter be 

delegated, to act in the Secretary’s stead. 

(d) Eligible domestic producer means 

any person who domestically produces 

more than 500 Christmas trees annually 

in the United States, and who: 

(1) Owns, or shares the ownership 

and risk of loss of the production of 

Christmas trees; 

(2) Rents Christmas tree production 

land, facilities and/or equipment 

resulting in the ownership of all or a 

portion of the Christmas trees 

domestically produced; 

(3) Owns Christmas tree production 

facilities and equipment but does not 

manage them and, as compensation, 

obtains the ownership of a portion of 

the Christmas trees domestically 

produced; or 

(4) Is a party in a landlord-tenant 

relationship or a divided ownership 

arrangement involving totally 

independent entities cooperating only to 

domestically produce Christmas trees 

who share the risk of loss and receive 

a share of the Christmas trees 

domestically produced. No other 

acquisition of legal title to Christmas 

trees shall be deemed to result in 

persons becoming eligible domestic 

producers. 

(e) Eligible importer means any person 

importing more than 500 Christmas 

trees annually into the United States as 

a principal or as an agent, broker, or 

consignee of any person who 

domestically produces or handles 

Christmas trees outside of the United 

States for sale in the United States, and 

who is listed as the importer of record 

for such Christmas trees that are 

identified in the Harmonized Tariff 

Schedule of the United States by the 

numbers 0604.91.00.20, 0604.91.00.40, 

and 0604.91.00.60 during the 

representative period. Importation 

occurs when Christmas trees originating 

outside of the United States are released 

from custody by Customs and 

introduced into the stream of commerce 

in the United States. Included are 

persons who hold title to foreignproduced Christmas trees immediately 

upon release by Customs, as well as any 

persons who act on behalf of others, as 

agents or brokers, to secure the release 

of Christmas trees from Customs when 

such Christmas trees are entered or 


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69114 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 

withdrawn for consumption in the 

United States. 

(f) Christmas tree means any tree of 

the coniferous species, that is severed or 

cut from its roots and marketed as a 

Christmas tree for holiday use. 

(g) Order means the Christmas Tree 

Promotion, Research, and Information 

Order. 

(h) Person means any individual, 

group of individuals, partnership, 

corporation, association, cooperative, or 

any other legal entity. For the purpose 

of this definition, the term 

‘‘partnership’’ includes, but is not 

limited to: 

(1) A husband and a wife who have 

title to, or leasehold interest in, a 

Christmas tree farm as tenants in 

common, joint tenants, tenants by the 

entirety, or, under community property 

laws, as community property; and 

(2) So-called ‘‘joint ventures’’ wherein 

one or more parties to an agreement, 

informal or otherwise, contributed land 

and others contributed capital, labor, 

management, or other services, or any 

variation of such contributions by two 

or more parties. 

(i) Referendum agent or agent means 

the individual or individuals designated 

by the Department to conduct the 

referendum. 

(j) Representative period means the 

period designated by the Department. 

(j) United States or U.S. means 

collectively the 50 states, the District of 

Columbia, the Commonwealth of Puerto 

Rico, and the territories and possessions 

of the United States. 

§ 1214.102 Voting. 

(a) Each eligible domestic producer 

and eligible importer of Christmas trees 

shall be entitled to cast only one ballot 

in the referendum. However, each 

domestic producer in a landlord/tenant 

relationship or a divided ownership 

arrangement involving totally 

independent entities cooperating only to 

domestically produce Christmas trees, 

in which more than one of the parties 

is a domestic producer or importer, 

shall be entitled to cast one ballot in the 

referendum covering only such 

domestic producer or importer’s share 

of the ownership. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate domestic producer or 

importer, or an administrator, executor, 

or trustee or an eligible entity may cast 

a ballot on behalf of such entity. Any 

individual so voting in a referendum 

shall certify that such individual is an 

officer or employee of the eligible entity, 

or an administrator, executive, or trustee 

of an eligible entity and that such 

individual has the authority to take such 

action. Upon request of the referendum 

agent, the individual shall submit 

adequate evidence of such authority. 

(c) All ballots are to be cast by mail 

as instructed by the Department. 

(d) Eligible domestic producers or 

eligible importers may be asked to 

provide proof of sales or acreage as 

proof of eligibility to vote in any 

referendum. 

§ 1214.103 Instructions. 

The referendum agent shall conduct 

the referendum, in the manner provided 

in this subpart, under the supervision of 

the Administrator. The Administrator 

may prescribe additional instructions, 

not inconsistent with the provisions of 

this subpart, to govern the procedure to 

be followed by the referendum agent. 

Such agent shall: 

(a) Determine the period during 

which ballots may be cast. 

(b) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter. 

(c) Give reasonable public notice of 

the referendum: 

(1) By utilizing available media or 

public information sources, without 

incurring advertising expense, to 

publicize the dates, places, method of 

voting, eligibility requirements, and 

other pertinent information. Such 

sources of publicity may include, but 

are not limited to, print and radio; and 

(2) By such other means as the agent 

may deem advisable. 

(d) Mail to eligible domestic 

producers and importers whose names 

and addresses are known to the 

referendum agent, the instructions on 

voting, a ballot, and a summary of the 

terms and conditions of the proposed 

Order. No person who claims to be 

eligible to vote shall be refused a ballot. 

(e) At the end of the voting period, 

collect, open, number, and review the 

ballots and tabulate the results in the 

presence of an agent of a third party 

authorized to monitor the referendum 

process. 

(f) Prepare a report on the referendum. 

(g) Announce the results to the public. 

§ 1214.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. Each individual so 

appointed may be authorized by the 

agent to perform any or all of the 

functions which, in the absence of such 

appointment, shall be performed by the 

agent. 

§ 1214.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1214.106 Referendum report. 

Except as otherwise directed, the 

referendum agent shall prepare and 

submit to the Administrator a report on 

the results of the referendum, the 

manner in which it was conducted, the 

extent and kind of public notice given, 

and other information pertinent to the 

analysis of the referendum and its 

results. 

§ 1214.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1214.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35 is OMB control 

number 0581–0267. 

Dated: November 1, 2011. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2011–28807 Filed 11–7–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Office of Advocacy and Outreach 

7 CFR Part 2502 

RIN 0503–AA49 

Agricultural Career and Employment 

Grants Program 

AGENCY: Office of Advocacy and 

Outreach, Departmental Management, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: Section 14204 of the Food, 

Conservation and Energy Act of 2008 

(2008 Farm Bill), authorizes the 

Secretary of Agriculture to make grants 

to assist agricultural employers and 


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