20862 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[No. LS–99–14]

Pork Promotion, Research, and

Consumer Information Program:

Procedures for the Conduct of

Referendum

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule and notice and

request for comments.

SUMMARY: This proposed rule sets forth

the procedures for conducting a

referendum to determine if producers

and importers favor continuation of the

Pork Checkoff, formally known as the

Pork Promotion, Research, and

Consumer Information Order (Order).

The Pork Checkoff was implemented

September 5, 1986, as authorized by the

Pork Promotion, Research, and

Consumer Information Act of 1985

(Act). The Secretary of Agriculture

(Secretary) will conduct a referendum

among persons who have been

producers and importers during a

representative period, as determined by

the Secretary, to determine whether the

producers and importers favor the

continuation of the Pork Checkoff. The

referendum would be conducted on

dates to be determined by the Secretary.

The Pork Checkoff would be terminated

if a majority of producers and importers

voting in the referendum favor

termination.

DATES: Written comments on this

proposed rule must be received by May

18, 2000. Comments on the information

collection requirements of this proposed

rule must be received by June 19, 2000.

ADDRESSES: Send two copies of

comments to Ralph L. Tapp, Chief;

Marketing Programs Branch, Room

2627-S; Livestock and Seed Program;

Agricultural Marketing Service (AMS),

USDA; STOP–0251; 1400 Independence

Avenue, SW.; Washington, D.C. 20250–

0251. Comments may also be sent by email to Ralph.Tapp@usda.gov or by fax

to 202/720–1125. State that your

comments refer to Docket No. LS–99–

14. Comments received may be

inspected at this location between 8:00

a.m. and 4:30 p.m., Monday through

Friday, except holidays, or on the

internet at www.ams.usda.gov/lsg/mpb/

rp-pork.htm.

Pursuant to the Paperwork Reduction

Act of 1995 (PRA), also send comments

regarding the merits of the burden

estimate, ways to minimize the burden,

including through the use of automated

collection techniques or other forms of

information technology, or any other

aspect of this collection of information

to the above address. Comments

concerning the information collection

requirements contained in this proposed

rule should also be sent to the Desk

Officer for Agriculture, Offices of

Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch on 202/720–1115, fax

202/720–1125, or by e-mail

Ralph.Tapp@usda.gov.

Producers can determine the location

of county Farm Service Agency (FSA)

offices by contacting (1) the nearest

county FSA office, (2) the State FSA

office, or (3) through an online search of

the FSA website at www.fsa.usda.gov/

pas/search.htm. From the options

available on this webpage select ‘‘FSA

Field Office Search,’’ select ‘‘St Abbrv,’’

and enter the county name in the ‘‘Cnty

code’’ block. Some county FSA offices

service multiple counties.

SUPPLEMENTARY INFORMATION: This

proposed rule is authorized under Act

(7 U.S.C. 4801–4819).

Question and Answer Overview

Why Are Rules Being Proposed for a

Referendum on the Pork Checkoff

Program?

Later this year, the Department of

Agriculture (Department) will conduct a

referendum to determine whether

producers and importers favor

continuation of the pork checkoff

program. We want to make sure that our

voting procedures and ballots are easily

understood and fair. By sharing our

proposed procedures and ballots in this

document, we can get your feedback on

how to make this voting process the best

possible.

How Long Do I Have To Comment on

the Proposed Rule?

You have 30 days to comment on this

proposal. That means your written

comments must be received by May 18,

2000. You can mail, fax, or e-mail your

comments. Additionally, you have 60

days to provide written comments to

OMB on the paperwork burden

associated with this proposal. Those

comments must be received by June 19,

2000.

Who Is Eligible To Vote in the

Referendum?

People and businesses who pay the

pork checkoff are eligible to vote. This

means that there are three types of

eligible voters: (1) persons who produce

and sell hogs and pigs in the United

States in their own name; (2) persons

who import hogs, pigs, or pork products

into the United States in their own

name; and (3) persons who are

designated to cast the single vote for a

business that produces and sells, or

imports hogs, pigs, or pork products

into the United States. In all cases, to be

eligible, the person or business would

have had to sell hogs, pigs or pork

products sometime during the year

preceding the referendum voting period.

Persons ineligible to vote include

persons who do not pay the pork

checkoff such as contract growers as

well as persons who left hog farming

more than 1 year before the referendum.

When Will the Referendum Be Held?

As soon as we analyze comments on

this proposal and make necessary

refinements to these voting procedures,

a final rule will be published in the

Federal Register. The final rule will

designate two consecutive business days

during which producers may vote inperson at the FSA county offices as well

as the procedures and dates for casting

an absentee ballot. Importers will vote

only by mail during the period provided

for producer balloting.

Where Do I Vote if I’m a U.S. Producer?

In-person voting will take place at the

Department’s FSA county offices. If you

currently participate in FSA programs,

you should vote at the FSA county

office where you normally do business.

If you do not participate in FSA

programs, go to the FSA office in the

county where you raise hogs and pigs

(or if you raise hogs and pigs in more

than one county, the FSA county office

where most of your business is

conducted). All FSA office locations can

be found on the FSA website at

www.fsa.usda.gov/pas/search.htm.

Can I Vote by Absentee Ballot?

Yes. We recognize that producers are

very busy so absentee balloting will be

allowed. Eligible voters may request an

absentee ballot from the appropriate

county FSA office. Absentee ballots will

be available beginning 30 days before

the in-person voting. Producers can stop

by FSA county offices at their

convenience to pick up a ballot or

request one by mail. To count, absentee

ballots must be postmarked by the last

day of the voting period and be received

no later than five business days

following the voting period.

Where Do I vote if I’m an Importer?

Voting will take place by mail.

Importers can request a ballot from the

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20863

FSA headquarters office in Washington,

D.C., at the address listed in this

proposed rule.

How Will the Department Make Certain

That Only Eligible Persons Vote in the

Referendum?

FSA county offices will publicly

display a list of all people who have

voted at that office, by absentee ballot as

well as in-person. This will allow

scrutiny by everyone. If a producer

believes that an ineligible person has

voted, he or she can challenge that

person’s ballot. Once a challenge is

made, the Department will investigate

and determine whether a voting

violation has occurred. The Department

will require importers to submit proof

that they paid the pork assessment

when they request their ballots.

Regulatory Impact Analysis

Executive Orders 12866 and 12998 and

the Regulatory Flexibility Act

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866 and

therefore has not been reviewed by

OMB.

This proposed rule has been reviewed

under Executive Order 12998, Civil

Justice Reform. It is not intended to

have a retroactive effect. The Act states

that the statute is intended to occupy

the field of promotion and consumer

education involving pork and pork

products and of obtaining funds thereof

from pork producers and that regulation

of such activity (other than a regulation

or requirement relating to a matter of

public health or the provision of State

or local funds for such activity) that is

in addition to or different from the Act

may not be imposed by a State.

The Act provides that any person

subject to the Order may file with the

Secretary a petition stating that the

Order, any provision of the Order, or

any obligation imposed in connection

with the Order is not in accordance with

the law, and requesting a modification

of the Order or an exemption from

certain provisions or obligations of the

Order. The petitioner will have the

opportunity for a hearing on the

petition. Thereafter the Secretary will

issue a decision on the petition. The Act

provides that the district court of the

United States in any district in which

the petitioner resides or carries on

business has jurisdiction to review a

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 decision.

The petitioner must exhaust his or her

administrative remedies before he or she

can initiate any such proceedings in the

district court.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA) (5

United States Code (U.S.C.) 601 et seq.),

the Administrator of AMS has

considered the economic impact of this

proposed action on small entities.

According to the December 29, 1999,

issue of the ‘‘Hogs and Pigs’’ report

published by the National Agricultural

Statistics Service (NASS), the number of

farms with hogs and pigs was 98,460.

According to the U.S. Customs Service,

in 1999 there were 524 importers of

hogs, pigs, pork and pork products in

the United States. The majority of the

98,460 hog producers and 524 importers

subject to the Order should be classified

as small entities under the criteria

established by the Small Business

Administration.

This proposed rule is authorized

under the Act and would establish

procedures for the conduct of a

referendum to determine whether

producers and importers favor

continuation of the Pork Checkoff. Such

procedures would permit all eligible

producers and importers who have been

engaged in the production and sale or

importation of hogs, pigs, pork, and

pork products to vote in the referendum.

Participation in the referendum is

voluntary. Producers may cast their

votes either by absentee ballots or inperson at county FSA offices. Importers

would cast their ballots by mail at the

FSA headquarters office in Washington,

D.C.

The information collection

requirements, as discussed below,

would be minimal. Casting votes by

mail or in-person 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.

Paperwork Reduction Act

This proposed rule contains reporting

requirements that are subject to public

comment and review by OMB under

PRA (44 U.S.C. Chapter 35). In

accordance with 5 CFR Part 1320, we

include the description of the reporting

requirements and an estimate of the

annual burden on producers and

importers required to report information

under this proposed rule. The

information collection requirements in

this proposed rule are being submitted

for OMB approval.

Title: Pork Promotion, Research, and

Consumer Information Program:

Procedures for the Conduct of

Referendum

OMB Number: 0581–New collection.

Expiration Date of Approval: 3 years

from date of approval.

Type of Request: Approval of new

information collection.

Abstract: The purpose of this

proposed rule is to determine whether

pork producers and importers favor

continuation of the Pork Promotion,

Research, and Consumer Information

Program. The question on the ballot will

be: ‘‘Do you favor the continuation of

the Pork Checkoff which funds the Pork

Promotion, Research, and Consumer

Information Program? Yes or No.’’ For

producers, provisions are made for inperson voting, absentee voting,

registration lists and the challenge of

voters. For importers, provision is made

for voting by mail only. Importers

would submit a copy of the U.S.

Customs Service Form 7501 (as proof of

eligibility) along with their request for a

mail ballot.

AMS estimates that the cost per

person to comply with the reporting

provision of this proposed rule is $20

per hour for a total cost of $207,400.

This is based on an estimated 50,000

voters participating in the referendum.

In this proposed rule, information

collection requirements include a onetime submission of the required

information on the following forms

which are included in an Appendix at

the end of this action.

(a) Producers voting in-person would:

(1) Sign the In-Person Voter

Registration List (Form LS–75).

(2) Complete a Ballot Form (Form LS–

72).

(3) Insert the ballot into the ‘‘PORK

BALLOT’’ envelope (Form LS–72–1).

(4) Complete the Certification and

Registration Form that is printed on the

‘‘PORK REFERENDUM’’ envelope (Form

LS–72–2), and insert the ‘‘PORK

BALLOT’’ envelope (Form LS–72–1),

with the enclosed ballot, in the ‘‘PORK

REFERENDUM’’ envelope (Form LS–

72–2).

(b) Producers voting absentee would:

(1) Complete, a combined registration

and absentee ballot form (Form LS–73).

(2) Insert the ballot portion in a

‘‘PORK BALLOT’’ envelope (Form LS–

72–1).

(3) Put the sealed ‘‘PORK BALLOT’’

(Form LS–72–1) envelope and the

registration form in the ‘‘PORK

REFERENDUM’’ envelope (Form LS–

73–1).

(c) Importers voting in the referendum

would have their names placed on a

Importer Ball Request List (Form LS–77)

by FSA employees. They would vote

using a mail ballot package consisting of

20864 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

an Importer Ballot, Registration,

Certification (Form LS–76), a ‘‘Pork

Ballot’’ envelope (Form LS–72–1), and a

‘‘Pork Referendum’’ envelope (Form LS–

72–2). They would complete the ballot

and registration form and place the

ballot in the ‘‘Pork Ballot’’ envelope,

and place it in the ‘‘Pork Referendum’’

envelope along with the registration

form.

(d) The proposed rule requires each

producer of hogs and pigs, who votes in

person to record on the In-Person Voter

Registration List (Form LS–75) his or

her name and the name of the

corporation or other entity he or she

represents. Employees in each county

FSA office will fill out the Absentee

Voter Request List (Form LS–74).

1. In-Person Voting Ballot: Form LS–

72, Pork Ballot Envelope: Form LS–72–

1, In-Person Registration and

Certification Envelope: Form LS–72–2.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average .10

hour per response.

Respondents: Only producers voting

in-person in the referendum would use

the forms.

Estimated Number of Respondents:

25,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 2,500 hours.

Total Cost: $50,000.

2. Absentee Registration and

Certification and Voting Ballot: Form

LS–73, Pork Ballot Envelope: Form LS–

72–1, Pork Referendum Envelope: Form

LS–73–1.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average .10

hour per response.

Respondents: Only producers

requesting an absentee ballot to vote in

the referendum would use the forms.

Estimated Number of Respondents:

25,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 2,500 hours.

Total Cost: $50,000.

3. In-Person Voter Registration List:

Form LS–75.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average .02

hour per response.

Respondents: Only producers voting

in-person in the referendum would use

this form.

Estimated Number of Respondents:

25,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 500 hours.

Total Cost: $10,000.

4. Absentee Voter Request List: Form

LS–74.

Estimate of Burden: Employees in

each county FSA office would fill out

one or more of the Absentee Voter

Request Lists (Form LS–74). Because

only county FSA employees would

complete the Absentee Voter Request

List, the estimated average reporting

burden would not apply to the producer

voting absentee in the referendum.

5. Challenge of Voters.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average .08

hour per response.

Respondents: Only producers wishing

to challenge a vote of another producer

would be required to provide such

challenge in writing to the county FSA

office.

Estimated Number of Respondents:

2,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 320 hours.

Total Cost: $6,400.

6. Proof of Eligibility.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average 1

hour per response.

Respondents: Producers responding to

a challenge of their eligibility to vote

would be required to submit to the

county FSA office records such as sales

documents, or other similar documents

to prove that the person was a producer

during the representative period.

Estimated Number of Respondents:

2,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 2,000 hours.

Total Cost: $40,000.

7. Appealing a Challenge of

Eligibility.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average 1

hour per response.

Respondents: Producers appealing a

determination of their ineligibility to

vote in the referendum would be

required to submit to the county FSA

office records such as sales documents,

or other similar documents to prove that

the person was a producer during the

representative period.

Estimated Number of Respondents:

2,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 2,000 hours.

Total Cost: $40,000.

8. Importer Ballot: Form LS–76, Pork

Ballot Envelope: Form LS–72–1, Pork

Referendum Envelope: Form LS–73–1.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average .10

hour per response.

Respondents: Importers who can only

vote by mail ballot in the referendum

would use the forms.

Estimated Number of Respondents:

500.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 50 hours.

Total Cost: $1,000.

9. Submission of U.S. Customs

Service Form 7501 as proof of importer

eligibility.

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average 1

hour per response.

Respondents: Importers voting in the

referendum would submit a copy of U.S.

Customs Service Form 7501 with their

request for a mail ballot.

Estimated Number of Respondents:

500.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on:

500 hours.

Total Cost: $10,000.

10. Importer Ballot Request List: Form

LS–77.

Estimate of Burden: Employees in the

Washington D.C. FSA headquarters

office would fill out the Importer Ballot

Request List (Form LS–77). Because

only headquarters FSA employees

would complete the Importer Ballot

Request List, the estimated average

reporting burden would not apply to

importers voting in the referendum.

Comments are invited on: (1) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information would have

practical utility; (2) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information

including the validity of the

methodology and assumptions used; (3)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (4) ways to minimize the

burden of the collection of information

on those who are to respond, including

through the use of appropriate

automated, electronic, mechanical, or

other technological collection

techniques or other forms of information

technology. Comments concerning the

information collection requirements

contained in this action should

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20865

reference the Docket Number LS–99–14,

together with the date and page number

of this issue of the Federal Register.

Comments also may be sent to Ralph L.

Tapp, Chief; Marketing Programs

Branch, Room 2627–S; Livestock and

Seed Program, AMS, USDA; STOP 0251;

1400 Independence Avenue, SW.;

Washington, D.C. 20250–0251; by fax at

202/720–1125, or by e-mail at

Ralph.Tapp@usda.gov. Comments

should be sent to the Desk Officer for

Agriculture, Office of Information and

Regulatory Affairs, OMB, Washington,

D.C. 20503. All comments received will

be available for public inspection during

regular business hours, 8 a.m. to 4:30

p.m. Eastern Time, Monday through

Friday, at the same address. All

responses to this rule will be

summarized and included in the request

for OMB approval.

OMB is required to make a decision

concerning the collection of information

contained in this rule between 30 days

and 60 days after publication. Therefore,

a comment to OMB is best assured of

being considered if OMB receives it

within 30 days after publication.

Background

The Act provides for the

establishment of a coordinated program

of promotion and research designed to

strengthen the pork industry’s position

in the marketplace and to maintain and

expand domestic and foreign markets

and uses for pork and pork products.

The program is financed by a pork

checkoff assessment of 0.45 percent of

the market value of domestic hogs and

pigs and an equivalent amount on

imported hogs and pigs and imported

pork and pork products. Pursuant to the

Act, an Order was made effective

September 5, 1986, and the collection of

assessments began on November 1,

1986.

The Act provides that at the request

of a number of persons equal to at least

15 percent of persons who have been

producers and importers during a

representative period as determined by

the Secretary, the Secretary would

conduct a referendum to determine

whether the producers and importers

favor the continuation of the Pork

Checkoff. Based on statistical data

reported by NASS in the December 29,

1998, issue of the ‘‘Hogs and Pigs’’

report and information from the 1997

Census, there were 98,892 producers

who sold hogs and pigs in 1998.

According to data submitted by U.S.

Customs Service, in 1998, there were

1,017 importers of hogs, pigs, pork, and

pork products. The total number of

producers and importers who would be

eligible to sign the petition was 99,909.

Fifteen percent of 99,909 equals 14,986.

Therefore, AMS determined that a

petition containing 14,986 valid

signatures was sufficient to request a

referendum.

On May 24, 1999, a petition

containing 19,043 names was submitted

to AMS. AMS conducted a signature

validation process to ensure that the

petitioners were pork producers or

importers during the representative

period, January 1, 1997, to June 1, 1999,

and signed the petition. However, the

Department concluded that the

validation process is vulnerable to

criticism in a number of respects and

that the Department cannot be certain of

the exact number of valid signatures.

Because many thousands of valid

signatures were received, however, the

Secretary has determined to hold a

referendum at the Department’s expense

in the interest of fairness. Since the

initial referendum in 1988, pork

producers and importers have not had

the opportunity to vote on the

continuation of the pork checkoff

program.

The purpose of the proposed rule is

to determine whether pork producers

and importers favor continuation of the

Pork Promotion, Research, and

Consumer Information Order. Therefore,

the question on the ballot will be: ‘‘Do

you favor the continuation of the Pork

Checkoff program which funds the Pork

Promotion, Research, and Consumer

Information Order? Yes or No.’’ Support

of the program by a majority of persons

who pay assessments is essential to both

the establishment and the continuation

of this program. Assessment collection

under the Order would be terminated

not later than 30 days after the date it

is determined that termination of the

Order is favored by a majority of the

producers and importers voting in the

referendum. The Order would be

terminated in an orderly manner as soon

as practical after the date of such

determination.

The initial referendum was conducted

in 1988, and this is the first referendum

conducted since the initial one.

The proposed rule sets forth

procedures to be followed in conducting

the referendum under the Act, including

definitions, representative period,

supervision of the referendum, mail

ballots, challenge of voters and appeals,

in-person voting procedures, absentee

voting procedures, importer voting

procedures, reporting referendum

results, and disposition of the ballots

and records. FSA will assist in the

conduct of the referendum by (1)

providing the polling places; (2)

counting ballots; (3) determining the

eligibility of challenged voters; and (4)

reporting referendum results.

Interested persons are invited to

comment on this proposed rule. A 30-

day comment period is provided to

submit comments on this proposal. This

comment period is deemed appropriate

in order to conduct a referendum as

soon as possible.

List of Subjects in 7 CFR Part 1230

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements, Pork

and pork products, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, it is proposed that 7 CFR Part

1230 be amended as follows:

PART 1230—PORK PROMOTION,

RESEARCH, AND INFORMATION

1. The authority citation for 7 CFR

Part 1230 continues to read as follows:

Authority: 7 U.S.C. 4801–4819.

2. A new subpart E is added to read

as follows:

Subpart E—Procedures for the Conduct of

Referendum Definitions

Sec.

1230.601 Act.

1230.602 Administrator, AMS.

1230.603 Administrator, FSA.

1230.604 Department.

1230.605 Farm Service Agency.

1230.606 Farm Service Agency County

Committee.

1230.607 Farm Service Agency County

Executive Director.

1230.608 Farm Service Agency State

Committee

1230.609 Imported porcine animals, pork,

and pork products.

1230.610 Importer.

1230.611 Order.

1230.612 Porcine animal.

1230.613 Person.

1230.614 Pork.

1230.615 Pork product.

1230.616 Producer.

1230.617 Public notice.

1230.618 Referendum.

1230.619 Representative period.

1230.620 Secretary.

1230.621 State.

1230.622 Voting period.

Referendum

1230.623 General.

1230.624 Supervision of referendum.

1230.625 Eligibility.

1230.626 Time and place of registration and

voting.

1230.627 Facilities for registering and

voting.

1230.628 Registration form and ballot.

1230.629 Registration and voting

procedures for producers.

1230.630 Registration and voting

procedures for importers.

20866 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

1230.631 List of registered voters.

1230.632 Challenge of voters.

1230.633 Receiving ballots.

1230.634 Canvassing ballots.

1230.635 FSA county office report.

1230.636 FSA State office report.

1230.637 Results of the referendum.

1280.638 Disposition of ballots and records.

1230.639 Instructions and forms.

Subpart E—Procedures for the

Conduct of Referendum Definitions

§ 1230.601 Act.

The term Act means the Pork

Promotion, Research, and Consumer

Information Act of 1985 (7 U.S.C. 4801–

4819) and any amendments thereto.

§ 1230.602 Administrator, AMS.

The term Administrator, AMS, means

the Administrator of the Agricultural

Marketing Service, or any officer or

employee of the Department to whom

there has heretofore been delegated or

may hereafter be delegated the authority

to act in the Administrator’s stead.

§ 1230.603 Administrator, FSA.

The term Administrator, FSA, means

the Administrator, of the Farm Service

Agency, or any officer or employee of

the Department to whom there has

heretofore been delegated or may

hereafter be delegated the authority to

act in the Administrator’s stead.

§ 1230.604 Department.

The term Department means the

United States Department of

Agriculture.

§ 1280.605 Farm Service Agency.

The term Farm Service Agency also

referred to as ‘‘FSA’’ means the Farm

Service Agency of the Department.

§ 1230.606 Farm Service Agency County

Committee.

The term Farm Service Agency

County Committee, also referred to as

the FSA County Committee or COC,

means the group of persons within a

county elected to act as the Farm

Service Agency County Committee.

§ 1230.607 Farm Service Agency County

Executive Director.

The term Farm Service Agency

County Executive Director also referred

to as the CED, means the person

employed by the FSA County

Committee to execute the policies of the

FSA County Committee and be

responsible for the day-to-day

operations of the FSA county office, or

the person acting in such capacity.

§ 1230.608 Farm Service Agency State

Committee.

The term Farm Service Agency State

Committee, also referred to as FSA State

Committee or STC, means the group of

persons within a State selected by the

Secretary to act as the Farm Service

Agency State Committee.

§ 1230.609 Imported porcine animals,

pork, and pork products.

The term Imported porcine animals,

pork, and pork products means those

animals, pork, or pork products that are

imported into the United States and

subject to assessment under the

harmonized tariff schedule numbers

identified in § 1230.110 of the

regulations.

§ 1230.610 Importer.

The term Importer means a person

who imports porcine animals, pork, or

pork products into the United States.

§ 1280.611 Order.

The term Order means the Pork

Promotion, Research, and Consumer

Information Order.

§ 1230.612 Porcine animal.

The term Porcine animal means a

swine, that is raised:

(a) As a feeder pig, that is, a young pig

sold to another person to be finished

over a period of more than 1 month for

slaughtering;

(b) For breeding purposes as seed

stock and included in the breeding herd;

and

(c) As a market hog, slaughtered by

the producer or sold to be slaughtered,

usually within 1 month of such transfer.

§ 1230.613 Person.

The term Person means any

individual, group of individuals,

partnership, corporation, association,

cooperative, or any other legal entity.

§ 1230.614 Pork.

The term Pork means the flesh of a

porcine animal.

§ 1230.615 Pork product.

The term Pork product means an

edible product processed in whole or in

part from pork.

§ 1230.616 Producer.

The term Producer means a person

who produces porcine animals in the

United States for sale in commerce.

§ 1230.617 Public notice.

The term Public notice means

information regarding a referendum that

would be provided by the Secretary,

such as press releases, newspapers,

electronic media, FSA county

newsletters, and the like. Such notice

would contain the referendum date and

location, registration and voting

requirements, rules regarding absentee

voting, and other pertinent information.

§ 1230.618 Referendum.

The term Referendum means any

referendum to be conducted by the

Secretary pursuant to the Act whereby

persons who have been producers and

importers during a representative period

would be given the opportunity to vote

to determine whether producers and

importers favor continuation of the

Order.

§ 1230.619 Representative period.

The term Representative period

means the 12-consecutive months prior

to the referendum.

§ 1230.620 Secretary.

The term Secretary means the

Secretary of Agriculture of the United

States or any other officer or employee

of the Department to whom there has

been delegated or to whom authority

may hereafter be delegated to act in the

Secretary’s stead.

§ 1230.621 State.

The term State means each of the 50

States.

§ 1230.622 Voting period.

The term Voting period means the 2-

consecutive business day period for inperson voting.

Referendum

§ 1230.623 General.

(a) A referendum to determine

whether eligible pork producers and

importers favor continuation of the Pork

Checkoff would be conducted in

accordance with this subpart.

(b) The Pork Checkoff would be

terminated only if a majority of

producers and importers voting in the

referendum favor such termination.

(c) The referendum would be

conducted at the county FSA offices for

producers and at FSA headquarters

office in Washington, D.C., for

importers.

§ 1230.624 Supervision of referendum.

The Administrator, AMS would be

responsible for conducting the

referendum in accordance with this

subpart.

§ 1230.625 Eligibility.

(a) Eligible producers and importers.

Persons eligible to register and vote in

the referendum include:

(1) Individual Producers. Each

individual who produces hogs or pigs

for sale in commerce during the

representative period and does so in his

or her own name is entitled to cast one

ballot.

(2) Producers who are a corporation or

other entity. Each corporation or other

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20867

entity that produces hogs or pigs for sale

in commerce during the representative

period is entitled to cast one ballot. A

group of individuals, such as members

of a family, joint tenants, tenants in

common, a partnership, owners of

community property, or a corporation

engaged in the production of hogs and

pigs would be entitled to only one vote;

provided, however, that any member of

a group may register to vote as a

producer if he or she sells hogs or pigs

in his or her own name.

(3) Importers. Each importer who

imports hogs, pigs, pork, or pork

products during the representative

period is entitled to cast one ballot. A

group of individuals, such as members

of a family, joint tenant, tenants in

common, a partnership, or a corporation

engaged in the importation of hogs, pigs,

pork, or pork products would be

entitled to only one vote; provided,

however, that any member of a group

may register to vote as a importer if he

or she imports hogs, pigs, pork, or pork

products in his or her own name.

(b) Proxy registration and voting.

Proxy registration and voting is not

authorized, except that an officer or

employee of a corporate producer or

importer, or any guardian,

administrator, executor, or trustee of a

producer’s or importer’s estate, or an

authorized representative of any eligible

producer or importer (other than an

individual producer or importer), such

as a corporation or partnership, may

register and cast a ballot on behalf of

that entity. Any individual who

registers to vote in the referendum on

behalf of any eligible producer or

importer corporation or other entity

would certify that he or she is

authorized to take such action.

§ 1230.626 Time and place of registration

and voting.

(a) Producers. The referendum shall

be held for 2-consecutive days on dates

to be determined by the Secretary.

Eligible producers shall register and

vote following the procedures in

§ 1230.629. Producers shall register and

vote during the normal business hours

of each county FSA office or request

absentee ballots from the county FSA

offices by mail or facsimile, or pick up

an absentee ballot in person.

(b) Importers. The referendum shall

be conducted by mail ballot by the FSA

headquarters office in Washington, D.C.,

during dates to be determined by the

Secretary. Importer voting shall take

place during the same time period

provided producers for in-person and

absentee voting in the referendum.

§ 1230.627 Facilities for registering and

voting.

(a) Producers. Each county FSA office

will provide:

(1) Adequate facilities and space to

permit producers of hogs and pigs to

register and to mark their ballots in

secret,

(2) A sealed box or other designated

receptacle for registration forms and

ballots that is kept under observation

during office hours and secured at all

times, and

(3) Copies of the Order for review.

(b) Absentee Ballots. Each FSA county

office shall provide each producer an

absentee ballot package upon request.

Producers can pick up an absentee

ballot in person or request it by mail or

facsimile. The FSA county office shall

record receipt of the completed absentee

ballot and place it in a secure ballot box.

(c) Importers. The FSA headquarters

office will:

(1) Mail ballot packages to eligible

importers upon request,

(2) Have a sealed box or other

designated receptacle for registration

forms and ballots that is kept under

observation during office hours and

secured at all times, and

(3) Mail copies of the Order to

importers if requested.

§ 1230.628 Registration form and ballot.

(a) Producers. (1) A ballot (Form LS–

72) and combined registration and

certification form (Form LS–72–2) will

be used for voting in-person. The

information required on the registration

form will include name, address, and

county of voter residence. The form also

will contain the certification statement

referenced in § 1230.629. The ballot will

require producers to check a ‘‘yes’’ or

‘‘no.’’

(2) A combined registration and

voting form (Form LS–73) will be used

for absentee voting. The information

required on this combined registration

and voting form will include name,

address, telephone number, and county

of voter residence. The form will also

contain the certification statement

referenced in § 1230.629. The ballot will

require producers to check ‘‘yes’’ or

‘‘no.’’

(b) Importers. A combined registration

and ballot (Form LS–76) will be used for

importer voting. The information

required on the combined registration

and ballot will include name, address,

and telephone number. The form will

also contain a certification statement

referenced in § 1230.630. The ballot will

require importers to check ‘‘yes’’ or

‘‘no.’’

§ 1230.629 Registration and voting

procedures for producers.

(a) Registering and voting in-person.

(1) Each eligible producer who wants to

vote whether as an individual or as a

representative of a corporation or other

entity would register during the voting

period at the county FSA office where

FSA maintains and processes the

individual producer’s or corporation or

other entities’ administrative farm

records. A producer voting as an

individual or as a representative of a

corporation or other entity not

participating in FSA programs, shall

register and vote in the county FSA

office serving the county where the

individual producer or corporation or

other entity owns hogs and pigs. An

individual or an authorized

representative of a corporation or other

entity who owns hogs and pigs in more

than one county would register and vote

in the FSA county office where the

individual or corporation or other entity

does most of its business. Producers

shall be required to record on the InPerson Voter Registration List (Form

LS–75) their names and, if applicable,

the name of the corporation or other

entity they represent before they can

receive a registration form and ballot. To

register, producers shall complete the

registration form (Form LS–72–2) and

certify that:

(i) They or the corporation or other

entity they represent were producers

during the specified representative

period; and

(ii) The person voting on behalf of a

corporation or other entity referred to in

§ 1230.613 is authorized to do so;

(2) Each eligible producer who has

not voted by means of an absentee ballot

may cast a ballot in person at the

location and time set forth in § 1230.626

and on the dates to be announced by the

Secretary. Eligible producers who

record their name or the corporation or

other entity they are authorized to

represent on the In-Person Voter

Registration List (Form LS–75) will

receive a registration form/envelope

(Form LS–72–2) and a ballot (Form LS–

72). Voters will enter the information

requested on the combined registration

and certification form/envelope (Form

LS–72–2) as indicated above. Producers

will then mark their ballots to indicate

‘‘yes’’ or ‘‘no.’’ Producers will place

their completed ballots in an envelope

marked ‘‘PORK BALLOT’’ (Form LS–

72–1), seal and place it in the completed

and signed registration form/envelope

marked ‘‘PORK REFERENDUM’’ (Form

LS–72–2), seal that envelope and

personally place it in a box marked

‘‘Ballot Box’’ or other designed

receptacle. Voting will be conducted

20868 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

under the supervision of the county

FSA CED.

(b) Absentee voting. (1) Eligible

producers who are unable to vote in

person may request an absentee voting

package consisting of a combined

registration and absentee ballot form

(Form LS–73) and two envelopes—one

marked ‘‘PORK BALLOT’’ (Form LS–

72–1) and the other marked ‘‘PORK

REFERENDUM’’ (Form LS–73–1) by

mail, facsimile, or by picking up one in

person from the county FSA office

where FSA maintains and processes the

producer’s administrative farm records.

(2) If a producer, whether requesting

an absentee ballot as an individual or an

authorized representative of a

corporation or other entity does not

participate in FSA programs, and

therefore does not have administrative

records at a county FSA office, he or she

may request an absentee voting package

by mail, facsimile, or pick it up inperson from the county FSA office

serving the county where the individual

or corporation or other entity owns hogs

and pigs. An individual or authorized

representative of a corporation or other

entity, who owns hogs or pigs in more

than one county can request an absentee

ballot from the county FSA office where

the producer or corporation or other

entity does most of their business.

(3) An absentee voting package will be

mailed to producers by the FSA CED to

the address provided by the prospective

voter. Only one absentee registration

form and absentee ballot will be

provided to each eligible producer. The

absentee ballots and registration forms

may be requested during a specified

time period that will be announced by

the Secretary.

(4) The county FSA office will enter

on the Absentee Voter Request List

(Form LS–74) the name and address of

the individual or corporation or other

entity requesting an absentee ballot and

the date the forms were requested.

(5) To register, eligible producers

shall complete and sign the combined

registration form and absentee ballot

(Form LS–73) and certify that:

(i) They or the corporation or other

entity they represent were producers

during the specified representative

period;

(ii) If voting on behalf of a corporation

or other entity referred to in § 1230.613,

they are authorized to do so.

(6) A producer, after completing the

absentee voter registration form and the

ballot, shall remove the ballot portion of

the combined registration and absentee

ballot form (Form LS–73) and seal the

completed ballot in a separate envelope

marked ‘‘PORK BALLOT’’ (Form LS–

72–1) and place the sealed envelope in

a second envelope marked ‘‘PORK

REFERENDUM’’ (Form LS–73–1) along

with the signed registration form.

Producers will be required to print their

names on the envelope marked ‘‘PORK

REFERENDUM’’ (Form LS–73–1), and

mail or hand deliver it to the county

FSA office from which the producer or

corporation or other entity obtained the

absentee voting package.

(7) Absentee ballots returned by mail

will have to be postmarked with a date

not later than the last day of the voting

period and be received in the county

FSA office by the close of business on

the fifth business day after the last day

of the voting period. Absentee ballots

received after that date will be counted

as invalid ballots. Upon receiving the

‘‘PORK REFERENDUM’’ envelope (Form

LS–73–1) containing the registration

form and ballot, the county FSA CED

would place it, unopened in a secure

ballot box. Before placing the ‘‘Pork

Referendum’’ envelope (Form LS–73–1)

in the ballot box the county FSA CED

would record the date the absentee

ballot was received in the FSA county

office on the absentee Ballot Request

List (Form LS–74).

§ 1230.630 Registration and voting

procedures for importers.

(a) Individual importers, corporation,

or other entities can obtain the

registration and certification forms,

ballots and envelopes by mail from the

following address: USDA, FSA,

Operations Review and Analysis Staff,

Attention: William A. Brown, Post

Office Box XXXX, Washington, D.C.,

XXXXX. Importers may pick up the

voting materials in-person at USDA,

FSA, Operations Review and Analysis

Staff, Room 2741, South Agriculture

Building, 1400 Independence Avenue,

SW., Washington, D.C. Importers may

request voting materials by facsimile.

The facsimile number is 202/690–3354.

(b) When requesting a ballot, eligible

importers will be required to submit a

U.S. Customs Service Form 7501

showing that they paid the pork

assessment during the representative

period.

(c) Upon receipt of a request and U.S.

Customs Service Form 7501, the voting

materials will be mailed to importers by

the FSA headquarters office in

Washington, D.C., to the address

provided by the importer or corporation

or other entity. Only one mail ballot and

registration form will be provided to

each eligible importer. The forms must

be requested during a specified time

period to be announced by the

Secretary.

(d) The FSA headquarters office in

Washington, D.C., will enter on the

Importer Ballot Request List (Form LS–

77) the name and address of the

importer requesting a ballot and the date

of the request.

(e) To register, eligible importers

would complete and sign the combined

registration form and ballot (Form LS–

76) and certify that:

(1) To the best of their knowledge and

belief the information provided on the

form is true and accurate;

(2) If voting on behalf of an importer

corporation or other entity referred to in

§ 1230.613, they are authorized to do so.

(f) Eligible importers, after completing

the ballot and registration form, would

remove the ballot portion of the

combined registration form and ballot

form (Form LS–76) and seal the

completed ballot in a separate envelope

marked ‘‘PORK BALLOT’’ (Form LS–

72–1) and place the sealed envelope in

a second envelope marked ‘‘PORK

REFERENDUM’’ (Form LS–73–1) along

with the signed registration form.

Importers or corporations or other

entities would legibly print their names

on the envelope marked ‘‘PORK

REFERENDUM’’ (Form LS–73–1), and

mail the envelope to the FSA

headquarters office at the following

address: USDA, FSA, Operations

Review and Analysis Staff, Attention:

William A. Brown, Post Office Box

XXXX, Washington, D.C., XXXXX.

Importers may hand deliver the ‘‘Pork

Referendum’’ envelope to USDA, FSA,

Operations Review and Analysis Staff,

Room 2741, South Agriculture Building,

1400 Independence Avenue, SW.,

Washington, D.C.

(g) The ‘‘PORK REFERENDUM’’

envelope containing the registration and

ballot has to be postmarked with a date

not later than the last day of the voting

period and be received in the FSA office

by the close of business on the fifth

business day after the date of the last

day of the voting period. Ballots

received after that date will be counted

as invalid ballots. Upon receiving the

‘‘PORK REFERENDUM’’ envelope (Form

LS–73–1) containing the registration

form and ballot, an FSA employee will

place it, unopened in a secure ballot

box. Before placing the ‘‘PORK

REFERENDUM’’ envelope (Form LS–

73–1) in the ballot box, the FSA

employee will record the date the ballot

was received in the FSA headquarters

office in Washington, D.C., on the

Importer Ballot Request List (Form LS–

77).

§ 1230.631 List of registered voters.

(a) Producers. The Voter Registration

List (Form LS–75) and the Absentee

Voter Request List (Form LS–74) will be

available for inspection on the 2 days of

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20869

the voting period and the six business

days following the date of the last day

of the voting period at the county FSA

office. The lists will be posted during

regular office hours in a conspicuous

public location at the FSA county office.

Absentee ballots arriving after the

Absentee Voter Request List is first

posted will be recorded on the Absentee

Voter Request List each day. The

complete In-Person Voter Request List

will be posted in the FSA county office

on the first business day after the date

of the last day of the voting period. The

complete Absentee Voter Request List

will be posted in the FSA county Office

on the sixth business day after the date

of the last day of the voting period.

(b) Importers. The Importer Ballot

Request List (Form LS–77) will be

maintained by the FSA headquarters

office in Washington, D.C., and not

posted. Importers will be required to

submit proof of eligibility a copy of a

U.S. Customs Service Form 7501 with

their request for a ballot.

§ 1280.632 Challenge of votes.

(a) Challenge period. During the dates

of the 2-consecutive day voting period

and the six business days following the

voting period, the ballots of producers

may be challenged at the FSA county

office.

(b) Who can challenge. Any person

can challenge a producer’s vote. Any

person who wants to challenge shall do

so in writing and shall include the full

name of the individual or corporation or

other entity being challenged. Each

challenge of a producer voter must be

made separately and each challenge

must be signed by the challenger.

(c) Who can be challenged. Any

producer having cast an in-person ballot

or an absentee ballot whose name is

posted on the Voter Registration List or

the Absentee Voter Request List can be

challenged. Absentee ballots have to be

received in the FSA county office before

a producer’s vote can be challenged.

(d) Determination of challenges. The

FSA County Committee or its

representative, acting on behalf of the

Administrator, AMS, will make a

determination concerning the challenge

and will notify challenged producers as

soon as practicable, but no later than

eleven business days after the date of

the last day of the voting period. If the

FSA County Committee or its

representative, acting on behalf of the

Administrator, AMS, is unable to

determine whether a person was a

producer during the representative

period, it will require the person to

submit records such as sales documents,

or other similar documents to prove that

the person was a producer during the

representative period. The FSA County

Committee will then make a decision on

the producer’s eligibility and notify the

producer of its decision.

(e) Challenged ballot. A challenge to

a ballot shall be deemed to have been

resolved if the determination of the FSA

County Committee or its representative

acting on behalf of the Administrator,

AMS, is not appealed within the time

allowed for appeal or there has been a

determination by FSA after an appeal.

(f) Appeal. A person declared to be

ineligible to register and vote by the

FSA County Committee or its

representative, acting on behalf of the

Administrator, AMS, can file an appeal

at the FSA county office within five

business days after the date of receipt of

the letter of notification of ineligibility.

The FSA county office shall send a

producers’s appeal by facsimile to the

FSA State Committee on the date it is

filed at the FSA county office or as soon

as practical thereafter.

(g) An appeal will be determined by

the FSA State Committee as soon as

practicable, but in all cases not later

than the thirtieth business day after the

date of the last day of the voting period.

The FSA State Committee shall send its

decision on a producer’s appeal to the

FSA County office where the producer

was initially challenged. The FSA

County office shall notify the challenged

producers of the FSA State Committee’s

determination on their appeals. The

FSA State Committee’s determination

on an appeal shall be final.

§ 1230.633 Receiving ballots.

(a) Producers. A ballot shall be

considered to be received on time if:

(1) It was cast in-person in the county

FSA office prior to the close of business

on the date of the last day of the voting

period; or

(2) It was cast as an absentee ballot,

having a postmarked date not later than

the last day of the voting period and was

received in the county FSA office not

later than the close of business, five

business days after the last day of the

voting period.

(b) Importers. A ballot shall be

considered to be received on time if it

had a postmark not later than the date

of the last day of the voting period and

was received in the FSA headquarters

office in Washington, D.C., not later

than the close of business, five business

days after the last day of the voting

period.

§ 1230.634 Canvassing ballots.

(a) Producers. (1) Counting the ballots.

Under the supervision of FSA County

Executive Director acting on behalf of

the Administrator, AMS, the registration

forms and ballots for producer voters

will be checked against the Voter

Registration List (Form LS–75) and the

Absentee Voter Request List (Form LS–

74) to determine properly registered

voters. The ballots of producers voting

in-person whose names are not on the

Voter Registration List (Form LS–75),

will be declared invalid. Likewise, the

ballots of producers voting absentee

whose names are not on the Absentee

Voter Request List (Form LS–74) will be

declared invalid. All ballots of

challenged producer voters declared

ineligible and invalid ballots will be

kept separate from the other ballots and

the envelopes containing these ballots

will not be opened. The valid ballots

will be counted on the thirty-first

business day after the last day of the

voting period. FSA county office

employees will remove the sealed

‘‘PORK BALLOT’’ envelope (Form LS–

72–1) from the registration form/

envelopes or absentee ballot envelopes

of all eligible producer voters and all

challenged producer voters determined

to be eligible. After removing all ‘‘Pork

Ballot’’ envelopes, FSA county

employees will shuffle the sealed ‘‘Pork

Ballot’’ envelopes or otherwise mix

them up so that ballots cannot be

matched with producers’ names. After

shuffling the ‘‘Pork Ballot’’ envelopes,

FSA county employees will open them

and count the ballots. The ballots will

be counted as follows:

(i) Number of eligible producers

casting valid ballots;

(ii) Number of producers favoring

continuation of the Pork Checkoff;

(iii) Number of producers favoring

termination of the Pork Checkoff;

(iv) Number of challenged producer

ballots deemed ineligible;

(v) Number of invalid ballots; and

(vi) Number of spoiled ballots.

(2) Invalid ballots. Ballots will be

declared invalid if a producer voting inperson has failed to sign the Voter

Registration List (Form LS–75) or an

absentee voter’s name is not recorded on

the Absentee Voter Request List (Form

LS–74), or the registration form or ballot

was incomplete or incorrectly

completed.

(3) Spoiled ballots. Ballots will be

considered spoiled if they are mutilated

or marked in such a way that either the

‘‘yes’’ or ‘‘no’’ vote is illegible. Spoiled

ballots shall not be considered as

approving or disapproving the Pork

Checkoff, or as a ballot cast in the

referendum.

(4) Confidentiality. All ballots shall be

confidential and the contents of the

ballots not divulged except as the

Secretary may direct. The public may

witness the opening of the ballot box

20870 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

and the counting of the votes but may

not interfere with the process.

(b) Importers. (1) Counting the ballots.

FSA headquarters personnel acting on

behalf of the Administrator, AMS, will

check the registration forms and ballots

for all importer voters against the

Importer Ballot Request List (Form LS–

77) to determine properly registered

voters. The ballots of importers voting

whose names are not recorded on the

Importer Ballot Request List (Form LS–

77), will be declared invalid. All ballots

of importer voters declared invalid will

be kept separate from the other ballots

and the envelopes containing these

ballots will not be opened. The valid

ballots will be counted on the thirty-first

business day after the date of the last

day of the voting period. FSA

headquarter office employees will

remove the sealed ‘‘PORK BALLOT’’

envelope (Form LS–72–1) from the

‘‘Pork Referendum’’ envelopes (Form

LS–73–1) of all eligible importer voters.

After removing all ‘‘Pork Ballot’’

envelopes, FSA headquarter employees

will shuffle the sealed ‘‘Pork Ballot’’

envelopes or otherwise mix them up so

that ballots cannot be matched with

importers’ names. After shuffling the

‘‘Pork Ballot’’ envelopes, FSA

headquarters employees will open the

envelopes and count the ballots. The

ballots will be counted as follows:

(i) Number of eligible importers

casting valid ballots;

(ii) Number of importers favoring

continuation of the Pork Checkoff;

(iii) Number of importers favoring

termination of the Pork Checkoff;

(iv) Number of importer ballots

deemed invalid; and

(v) Number of spoiled ballots.

(2) Invalid ballots. Ballots will be

declared invalid if an importer voter’s

name was not recorded on the Importer

Ballot Request List (Form LS–77), or the

registration form or ballot was

incomplete or incorrectly completed.

(3) Spoiled ballots. Ballots will be

considered spoiled if they were

mutilated or marked in such a way that

either the ‘‘yes’’ or ‘‘no’’ vote was

illegible. Spoiled ballots shall not be

considered as a ballot cast in the

referendum.

(4) Confidentiality. All ballots shall be

confidential and the contents of the

ballots not divulged except as the

Secretary may direct. The public can

witness the opening of the ballot box

and the counting of the votes but can

not interfere with the process.

§ 1230.635 FSA county office report.

The FSA county office will notify the

FSA State office of the results of the

referendum. Each FSA county office

will transmit the results of the

referendum in its county to the FSA

State office. Such report will include the

information listed in § 1230.634. The

results of the referendum in each county

will be made available to the public. A

copy of the report of results will be

posted for 30 days in the FSA county

office in a conspicuous place accessible

to the public, and a copy will be kept

on file in the FSA county office for a

period of at least 12 months after the

referendum.

§ 1230.636 FSA State office report.

Each FSA State office will transmit to

the Administrator, FSA, a written

summary of the results of the

referendum received from all FSA

county offices within the State. The

summary shall include the information

on the referendum results contained in

the reports from all county offices

within each State and be certified by the

FSA State Executive Director. The FSA

State office will maintain a copy of the

summary where it will be available for

public inspection for a period of not less

than 12 months.

§ 1230.637 Results of the referendum.

(a) The Administrator, FSA, will

submit the combined results of the FSA

State offices’ results of the producers’

vote and the FSA headquarters office

results of the importers’ vote to the

Administrator, AMS. The

Administrator, AMS, will prepare and

submit to the Secretary a report of the

results of the referendum. The results of

the referendum will be issued by the

Department in an official press release

and published in the Federal Register.

State reports on producer balloting, FSA

headquarters office report on importer

balloting, and related papers will be

available for public inspection in the

office of the Marketing Programs

Branch, Livestock and Seed Program,

AMS, USDA, Room 2627, South

Agriculture Building, 1400

Independence Avenue, SW.,

Washington, D.C.

(b) If the Secretary deems it necessary,

the report of any State or county shall

be re-examined and checked by such

persons as may be designated by the

Secretary.

§ 1230.638 Disposition of ballots and

records.

(a) Producer Ballots and Records.

Each FSA County Executive Director

will place in sealed containers marked

with the identification of the

referendum, the voter registration list,

absentee voter request list, voted ballots,

challenged registration forms/envelopes,

challenged absentee voter registration

forms, challenged ballots found to be

ineligible, invalid ballots, spoiled

ballots, and county summaries. Such

records will be placed under lock in a

safe place under the custody of the FSA

County Executive Director for a period

of not less than 12 months after the

referendum. If no notice to the contrary

is received from the Administrator,

FSA, by the end of such time, the

records shall be destroyed.

(b) Importer Ballots and Records. The

FSA headquarters office in Washington,

D.C., will deliver the importer U.S.

Customs Service Form 7501 the voter

registration list, voted ballots, invalid

ballots, spoiled ballots, and national

summaries and records to the Marketing

Programs Branch, Livestock and Seed

Program, AMS, USDA, Room 2627,

South Agriculture Building, 1400

Independence Avenue, SW.,

Washington, D.C. A Marketing Programs

Branch employee will place the ballots

and records in sealed containers marked

with the identification of the

referendum. Such ballots and records

will be placed under lock in a safe place

under the custody of the Marketing

Programs Branch for a period of not less

than 12 months after the referendum. If

no notice to the contrary is received

from the Administrator, AMS, by the

end of such time, the records shall be

destroyed.

§ 1230.639 Instructions and forms.

The Administrator, AMS, is

authorized to prescribe additional

instructions and forms not inconsistent

with the provisions of this subpart to

govern the conduct of the referendum.

Dated: April 12, 2000.

Kathleen A. Merrigan,

Administrator, Agricultural Marketing

Service.

Note: The following Appendix will not

appear in the Code of Federal Regulations.

Appendix—Pork Referendum Forms

The following nine forms referenced in

Subpart E Part 1230—Procedures for the

Conduct of a Referendum—will be used for

registering and voting in the pork referendum

and for listing registered voters.

LS–72 In-Person Voting Ballot

LS–72–1 Pork Ballot Envelope

LS–72–2 In-Person Registration and

Certification Envelope

LS–73 Absentee Voting Ballot and

Registration and Certification Form

LS–73–1 Pork Referendum Envelope

LS–74 Absentee Voter Request List

LS–75 In-Person Voter Registration List

LS–76 Importer Ballot, Registration, and

Certification Form

LS–77 Importer Ballot Voter Request List

BILLING CODE 3410–02–P

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20872 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

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20874 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

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20876 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

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20878 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules 20879

20880 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Proposed Rules

[FR Doc. 00–9541 Filed 4–13–00; 10:41 am]

BILLING CODE 3410–02–C