[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Proposed Rules]
[Pages 21596-21600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10601]



[[Page 21595]]

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<BD>Part IV





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Part 1210



Watermelon Research and Promotion Plan: Referendum Procedures; Proposed 
Rule

Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / 
Proposed Rules

[[Page 21596]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1210

[FV-01-701 PR]


Watermelon Research and Promotion Plan: Referendum Procedures

<BD>ACTION: <RM>Proposed rule with request for comments.

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<BD>SUMMARY: <RM>This proposed rule would establish procedures which 
the U.S. Department of Agriculture (USDA or the Department) would use 
to conduct referenda under the Watermelon Research and Promotion Plan 
(Plan). Initially, they will be used in a referendum on whether 
watermelon producers, handlers, and importers approve an amendment to 
the Plan which would require all handlers to pay assessments on all 
watermelons they handle, including any watermelons handled after their 
importation into the United States.

<BD>DATES: <RM>Comments must be received by June 29, 2001.

<BD>ADDRESSES: <RM>Interested persons are invited to submit written 
comments concerning the proposed rule to the Docket Clerk, Research and 
Promotion Branch, Fruit and Vegetable Programs (FV), Agricultural 
Marketing Service (AMS), USDA, Stop 0244, 1400 Independence Avenue, 
SW., Room 2535 South Building, Washington, DC 20250-0244. Comments 
should be submitted in triplicate and will be made available for public 
inspection at the above address during regular business hours, or on 
the Internet at www.ams.usda.gov/fv/rpdocketlist.htm. Comments may also 
be submitted electronically to: <a href="/cdn-cgi/l/email-protection#fb969a9792959f9ad59d9a89969e89bb8e889f9ad59c948d"><span class="__cf_email__" data-cfemail="8ae7ebe6e3e4eeeba4ecebf8e7eff8cafff9eeeba4ede5fc">[email protected]</span></a>. All comments 
should reference the docket number and the date and page number of this 
issue of the <CS>Federal Register<RM>. A copy of this rule may be found 
at the above Internet address.
    Pursuant to the Paperwork Reduction Act of 1995 (PRA), also send 
comments regarding the accuracy 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 under the PRA should 
also be sent to the Desk Officer for Agriculture, Office of Information 
and Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503.

<BD>FOR FURTHER INFORMATION CONTACT: <RM>Daniel R. Manzoni, Research 
and Promotion Branch, FV, AMS, USDA, Stop 0244, 1400 Independence 
Avenue, SW., Room 2535 South Building, Washington, DC 20250-0244; 
telephone (202) 720-9915; facsimile (202) 205-2800; or 
<a href="/cdn-cgi/l/email-protection#0f4b6e61666a6321426e61756061664f7a7c6b6e21686079"><span class="__cf_email__" data-cfemail="4501242b2c20296b08242b3f2a2b2c05303621246b222a33">[email protected]</span></a>.

<BD>SUPPLEMENTARY INFORMATION: <RM>The National Watermelon Promotion 
Board (Board) administers the Watermelon Research and Promotion Plan 
(Plan) under the supervision of the U.S. Department of Agriculture 
(USDA). The Plan was issued under the Watermelon Research and Promotion 
Act (Act) in 1989.
    The Board conducts promotional, consumer information, and industry 
information programs. To fund these activities, producers and first 
handlers pay 2 cents per hundredweight (cwt.) on the watermelon that 
they produce or handle, respectively, and importers pay 4 cents per 
cwt. on the foreign watermelons they import into the United States. 
First handlers collect the assessments from producers of fewer than 10 
acres of watermelons and send the producer assessment to the Board 
along with their handler assessments. The assessments on imported 
watermelons are collected by the U.S. Customs Service (Customs) at the 
time the watermelons enter the United States. Customs remits the 
assessments to the Board. Importers of less than 150,000 pounds of 
watermelons annually may request reimbursement of their assessments.
    The Board has recommended amending the Plan be amended to cover all 
handlers of domestic watermelons--not just first handlers--and that 
these handlers pay assessments on all watermelons they handle, 
including any watermelons handled after their importation into the 
United States. The additional handlers would be wholesalers, persons 
who arrange the sale or transfer of watermelons (such as brokers), and 
fresh-cut processors. Watermelon producers, handlers, and importers 
will vote in a referendum on whether the amendment will be adopted.
    A proposed rule on the amendment is published separately in this 
issue of the <CS>Federal Register<RM>.

Question and Answer Overview

Why Are These Referendum Procedures Being Proposed?

    USDA will conduct rulemaking and a national referendum on an 
amendment to the Plan. In order to conduct the referendum, procedures 
need to be established. Publishing this proposed rule provides the 
opportunity for public input on the procedures before they are 
finalized.

How Long Do I Have To Comment on the Proposed Rule?

    You have 60 days to submit written comments to USDA on the proposed 
procedures or to OMB on the paperwork burden associated with the 
procedures. You may submit your comments by mail, fax, or e-mail as 
indicated above.

Who Is Eligible To Vote in the Referendum?

    If the following persons produced, handled, or imported watermelons 
in calendar year 2000, they may vote in the referendum: Current 
producers of 10 or more acres of watermelons; watermelon handlers 
(including first handlers, wholesalers, fresh-cut processors, and 
anyone who arranges the sale or transfer of watermelons); and 
watermelon importers of 150,000 or more pounds of watermelons annually.

How Will the Vote in the Referendum Be Tabulated?

    Each eligible producer, handler, and importer will be allowed one 
vote in the referendum. In order to be implemented, the amendment must 
be approved by a majority of the producers, handlers, and importers 
voting in the referendum.

When Will the Referendum Be Held?

    After we have analyzed the comments on this rule and the comments 
on the proposed rule on the amendments to the Plan, we will issue final 
referendum procedures and a second proposed rule on amendments. The 
second proposed rule on the amendments will include a Referendum Order, 
which will announce the voting period for the referendum. The voting 
period will last 30 days and be announced 30 days in advance.

How Can I Vote in the Referendum?

    Voting will take place by mail. All known eligible producers, 
handlers, and importers will receive a ballot and voting instructions 
in the mail from USDA. Producers, handlers, and importers who believe 
they are eligible to vote and who do not receive a ballot in the mail 
may request a ballot by calling a toll-free telephone number. The 
ballot must be received by USDA by close of business on the last day of 
the voting period.

How Will USDA Make Certain That Only Eligible Persons Vote in the 
Referendum?

    USDA will use Board records to verify voter eligibility and may 
request

[[Page 21597]]

evidence of eligibility from persons unknown to the Board.

How Will USDA Make Certain That Every Eligible Person Has the 
Opportunity To Vote?

    USDA will have a toll-free telephone number for persons to call to 
request a ballot if they do not receive a ballot and they believe they 
are eligible to vote. These persons will be required to provide 
documentation of their eligibility to vote.

Executive Orders 12866 and 12988

    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866 and therefore has not been 
reviewed by the Office of Management and Budget (OMB).
    This proposed rule has been reviewed under E.O. 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. This 
rule would not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    Under Section 1650 of the Act, non-exempt producers, handlers, and 
importers of watermelons may file a written petition with the Secretary 
of Agriculture (Secretary) if they believe that the Plan, any provision 
of the Plan, or any obligation imposed in connection with the Plan, is 
not in accordance with law. In the petition, the person may request a 
modification of the Plan or an exemption from the Plan. The petitioner 
will have the opportunity for a hearing on the petition. Afterwards, an 
Administrative Law Judge (ALJ) will issue a decision. If the petitioner 
disagrees with the ALJ's decision, the petitioner has 30 days to appeal 
to the Judicial Officer, who will issue a ruling on behalf of the 
Secretary. If the petitioner disagrees with the Secretary's ruling, the 
petitioner may file, within 20 days, an appeal in the U.S. District 
Court for the district where the petitioner resides or conducts 
business.

Regulatory Flexibility Act and Paperwork Reduction Act

Initial Regulatory Flexibility Analysis

    In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 
601 <IT>et seq.<RM>], the Agricultural Marketing Service (AMS) is 
required to examine the impact of this proposed rule on small entities. 
The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions so that small businesses will not be 
disproportionately burdened.
    In 13 CFR 121.201, the Small Business Administration defines small 
agricultural service firms (handlers and importers) as those having 
annual receipts of less than $5 million and small agricultural 
producers as those having annual receipts of not more than $500,000.
    There would be approximately 2,220 domestic watermelon producers, 
1,170 domestic watermelon handlers, and 280 importers of foreign 
watermelons who would be eligible to vote under these referendum 
procedures. Currently, there are approximately 620 first handlers who 
are subject to the provisions of the Plan. An additional estimated 480 
wholesalers and persons who arrange the sale or transfer of watermelons 
(such as brokers) and 70 fresh-cut processors would also be subject to 
the Plan if the amendment is approved in the referendum. A majority of 
these producers, handlers, and importers may be classified as small 
entities.
    This proposed rule would create a new Subpart D-Referendum 
Procedures [7 CFR 1210.600-1210.607] under the Plan. The procedures 
would be used in conducting referenda under the Act and the Plan. 
Initially, the proposed procedures will be used for a referendum during 
which eligible watermelon producers, handlers, and importers will vote 
on a proposed amendment to the Plan. The amendment would revise the 
Plan and the regulations under the Plan to include all handlers. A 
proposed rule on the amendment is published separately in this issue of 
the <CS>Federal Register<RM>.
    USDA will keep the watermelon industry informed throughout the 
referendum process to ensure that they are aware of and are able to 
participate in the referendum. USDA will also publicize information 
regarding the referendum process, so that trade associations and 
related industry media can be kept informed.
    Voting in the referendum is optional. However, if producers, 
handlers, and importers choose to vote, the burden of casting a ballot 
would be offset by the benefits of having the opportunity to vote on 
whether the Plan should be amended.
    The information collection requirements contained in this proposed 
rule are designed to minimize the burden on producers, handlers and 
importers voting in referenda. The estimated additional annual cost of 
providing the information by the estimated 3,670 persons eligible to 
vote in referenda would be $2,290 or $0.62 per voter.
    The Secretary considered requiring eligible voters vote in person 
at various USDA offices across the country. The Secretary also 
considered electronic voting, but the use of computers is not 
universal. Conducting the referendum from one central location by mail 
ballot will be more cost-effective and reliable. The Department will 
provide easy access to information for potential voters through a toll-
free telephone line.
    There are no federal rules that duplicate, overlap, or conflict 
with this rule.
    AMS has performed this initial Regulatory Flexibility Analysis 
regarding the impact of this proposed rule on small entities. However, 
in order to have additional data that may be helpful in evaluating the 
effects of this rule on small entities, we are inviting comments 
concerning potential effects. In particular, we are interested in 
determining the number of wholesalers, fresh-cut processors, and 
persons who arrange the sale or transfer of watermelons. In the past, 
these persons have not been eligible to vote in referenda on the 
watermelon program.

Paperwork Reduction Act

    In accordance with the Office of Management and Budget (OMB) 
regulation [5 CFR 1320] which implements the Paperwork Reduction Act of 
1995 [44 U.S.C. Chapter 35], the referendum ballot represents the 
information collection that may be imposed by this rule.
    Approximately 2,220 watermelon producers, 1,170 domestic watermelon 
handlers, and 280 importers of foreign watermelons would be eligible to 
vote in the referendum.
    The ballot has been previously approved for use under OMB Number 
0581-0093. However, the number of producers, handlers, and importers 
eligible to vote in referenda has changed. Therefore, the new burden 
has been submitted to OMB.
    <IT>Title: <RM>National Research, Promotion, and Consumer 
Information Programs.
    <IT>OMB Number: <RM>0581-0093.
    <IT>Expiration Date of Approval: <RM>January 31, 2001.
    <IT>Type of Request: <RM>Revision of a currently approved 
information collection for advisory committees and boards and for 
research and promotion programs.
    <IT>Abstract: <RM>The information collection requirements in this 
request are essential to carry out the intent of the Act. The new 
burden associated with the ballot is as follows:
    <IT>Estimate of Burden: <RM>Public reporting burden for this 
collection of information is estimated to average 0.5 hours per 
response.
    <IT>Respondents: <RM>Eligible producers, handlers, and importers.

[[Page 21598]]

    <IT>Estimated Number of Respondents: <RM>3,670.
    <IT>Estimated Number of Responses per Respondent: <RM>1 every 8 
years (0.125).
    <IT>Estimated Total Annual Burden on Respondents: <RM>229 hours.
    The estimated additional annual cost of providing the information 
by the estimated 3,670 persons eligible to vote in referenda would be 
$2,290 or $0.62 per voter. The currently approved burden for the ballot 
is 149.5. Therefore, the new burden estimate represents an increase of 
79.5 hours which would be added under OMB No. 0581-0093.
    Comments are invited on: (a) Whether the proposed additional 
collection of information is necessary and whether it will have 
practical utility; (b) the accuracy of USDA's estimate of the burden of 
the proposed increase in the collection of information, including the 
validity of the methodology and assumption used; (c) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) 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.
    Comments concerning the information collection requirements 
contained in this action should reference OMB No. 0581-0093, the docket 
number, and the date and page number of this issue of the <CS>Federal 
Register<RM>. Comments should be sent to the USDA Docket Clerk and OMB 
Desk Officer for Agriculture at the addresses and within the time 
frames specified above. All comments received will be available for 
public inspection during regular business hours at the same address. 
All responses to this notice will be summarized and included in the 
request for OMB approval.
    OMB is required to make a decision concerning the increase in the 
collection of information contained in this rule between 30 and 60 days 
after publication. Therefore, a comment to OMB is best assured of 
having its full effect if OMB receives it within 30 days of 
publication.

Background

    The Board conducts promotional, consumer information, and industry 
information programs. To fund these activities, producers and handlers 
pay 2 cents per hundredweight (cwt.) on the watermelon that they 
produce or handle, respectively, and importers pay 4 cents per cwt. on 
the foreign watermelons they import into the United States. Handlers 
collect the assessments from producers of 10 acres or more of 
watermelons and send the producer assessment to the Board along with 
their handler assessments. The assessments on imported watermelons are 
collected by the U.S. Customs Service (Customs) at the time the 
watermelons enter the United States. Customs remits the assessments to 
the Board. Importers of less than 150,000 pounds of watermelons 
annually may request reimbursement of their assessments.
    The Board has recommended that the Plan and its rules and 
regulations be amended to cover all handlers of watermelons. A proposed 
rule on the amendment is published separately in this issue of the 
<CS>Federal Register<RM>.
    Section 1655(a) of the Act requires that amendments to the Plan 
must be approved by the industry in a referendum. Section 1653(b) 
provides that amendments will not take effect unless they are approved 
by a majority of eligible voters who vote. Therefore, a referendum is 
required for the proposed amendment.
    The proposed referendum procedures provide that the following 
persons would be eligible to vote in referenda: producers of 10 or more 
acres of watermelons; all handlers; and importers of 150,000 pounds or 
more annually. In the referendum to determine whether the industry 
favors expanding coverage of the Plan to all handlers (not just first 
handlers), the additional handlers will be allowed to vote as if this 
amendment were in place during the representative period and at the 
time of the referendum. The additional handlers include wholesalers, 
anyone who arranges the sale or transfer of watermelons (such as 
brokers), and fresh-cut processors. If the proposed amendment is 
approved in the referendum, the additional handlers would vote in 
subsequent referenda. If the proposed amendment is not approved in the 
referendum, the additional handlers would not vote in future referenda.
    This proposed rule would add a new Subpart D--Referendum Procedures 
[7 CFR 1210.600-1210.607] to 7 CFR part 1210. The proposed procedures 
cover definitions, voting, instructions, subagents, ballots, referendum 
report, and confidential information.
    In addition, this rule would: (1) Redesignate Subpart--Watermelon 
Research and Promotion Plan [7 CFR 1210.301-1210.367] as Subpart A; (2) 
redesignate and rename Subpart--Procedures for Nominating Members to 
the National Watermelon Promotion Board [7 CFR 1210.400-1210.405] as 
Subpart B--Nomination Procedures; and redesignate Subpart--Rules and 
Regulations [7 CFR 1210.500-1210.540] as Subpart C.
    All written comments received in response to this proposal by the 
date specified will be considered prior to finalizing this action. The 
industry is asked to pay particular attention to the definitions to be 
sure that they are appropriate for purposes of determining voter 
eligibility. The industry is also encouraged to comment on any other 
practical considerations with regard to conducting the referendum 
within the parameters set forth in this proposed rule and the Act.

List of Subjects in 7 CFR Part 1210

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Reporting and recordkeeping 
requirements, Watermelon promotion.

    For the reasons set forth in the preamble, it is proposed that 
Title 7, chapter XI of the Code of Federal Regulations, be amended as 
follows:

PART 1210--WATERMELON RESEARCH AND PROMOTION

    1. The authority citation for 7 CFR part 1210 continues to read as 
follows:

    <CS>Authority: <RM>7 U.S.C. 4901-4912.

    2. Revise the subpart heading for ``Subpart--Watermelon Research 
and Promotion Plan'' to read as follows:

Subpart A--Watermelon Research and Promotion Plan

    3. Revise the subpart heading for ``Subpart--Procedures for 
Nominating Members to the National Watermelon Promotion Board'' to read 
as follows:

Subpart B--Nominating Procedures

    4. Revise the subpart heading for ``Subpart--Rules and 
Regulations'' to read as follows:

Subpart C--Rules and Regulations

    5. Add a new Subpart D--Referendum Procedures to read as follows:

Subpart D--Referendum Procedures

Sec.
1210.600   General.
1210.601   Definitions.
1210.602   Voting.
1210.603   Instructions.
1210.604   Subagents.
1210.605   Ballots.
1210.606   Referendum report.
1210.607   Confidential information.

[[Page 21599]]

Subpart D--Referendum Procedures


Sec. 1210.600  General.

    Referenda to determine whether eligible producers, handlers, and 
importers favor the continuation, suspension, termination, or amendment 
of the Watermelon Research and Promotion Plan shall be conducted in 
accordance with this subpart.


Sec. 1210.601  Definitions.

    Unless otherwise defined below, the definition of terms used in 
these procedures shall have the same meaning as the definitions in the 
Plan.
    (a) <IT>Administrator <RM>means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any 
officer or employee of the Department to whom authority has been 
delegated or may hereafter be delegated to act in the Administrator's 
stead.
    (b) <IT>Department <RM>means the United States Department of 
Agriculture.
    (c) <IT>Eligible handler <RM>means any person (except a common 
contract carrier of watermelons owned by another person) who handles 
watermelons, including a producer who handles watermelons of the 
producer's own production, subject to the provisions of 
Sec. 1210.602(a), who handles watermelons as a person performing a 
handling function and either:
    (1) Takes title or possession of watermelons from a producer and 
directs the grading, packing, transporting, and selling of the 
watermelons in the current of commerce;
    (2) Purchases watermelons from producers;
    (3) Purchases watermelons from handlers;
    (4) Purchases watermelons from importers; or
    (5) Arranges the sale or transfer of watermelons from one party to 
another and takes title or possesssion of the watermelons: 
<IT>Provided, <RM>That harvest crews and common carriers who collect 
and transport watermelons from the field to a handler are not handlers 
and that retailers, wholesale retailers, foodservice distributors, and 
foodservice operators are not handlers.
    (d) <IT>Eligible importer <RM>means any person who imports 150,000 
pounds or more watermelons annually into the United States as principal 
or as an agent, broker, or consignee for any person who produces 
watermelons outside the United States for sale in the United States. An 
importer who imports less than 150,000 pounds of watermelons annually 
and did not apply for and receive reimbursement of assessments is also 
an eligible importer.
    (e) <IT>Eligible producer <RM>means any person who is engaged in 
the growing of 10 or more acres of watermelons, including any person 
who owns or shares the ownership and risk of loss of such watermelon 
crop. A person who shares the ownership and risk of loss includes a 
person who:
    (1) Owns and farms land, resulting in ownership, by said producer, 
of the watermelons produced thereon;
    (2) Rents and farms land, resulting in ownership, by said producer, 
of all or a portion of the watermelons produced thereon; or
    (3) Owns land which said producer does not farm and, as rental for 
such land, obtains the ownership of a portion of the watermelons 
produced thereon. Ownership of, or leasehold interest in land, and the 
acquisition, in any manner other than set forth in this subpart, of 
legal title to the watermelons grown on said land, shall not be deemed 
to result in such owners or lessees becoming producers. Persons who 
produce watermelons for non-food uses are not producers for the 
purposes of this subpart.
    (f) <IT>Person <RM>means any individual, group of individuals, 
partnership, corporation, association, cooperative, or any other 
entity. For the purpose of this definition, the term partnership 
includes, but is not limited to:
    (1) A husband and wife who have title to, or leasehold interest in, 
land as tenants in common, joint tenants, tenants by the entirety, or, 
under community property laws, as community property, and
    (2) So-called <IT>joint ventures <RM>wherein one or more parties to 
the agreement, informal or otherwise, contributed land and others 
contributed capital, labor, management, equipment, or other services, 
or any variation of such contributions by two or more parties, so that 
it results in the production, handling, or importation of watermelons 
for market and the authority to transfer title to the watermelons so 
produced, handled, or imported.
    (g) <IT>Referendum agent <RM>or <IT>agent <RM>means the individual 
or individuals designated by the Secretary to conduct the referendum.
    (h) <IT>Representative period <RM>means the period designated by 
the Secretary pursuant to the Act.


Sec. 1210.602  Voting.

    (a) Each person who is an eligible producer, handler, or importer 
as defined in this subpart, at the time of the referendum and who also 
was a producer, handler, or importer during the representative period, 
shall be entitled to one vote in the referendum: <IT>Provided<RM>, That 
each producer in a landlord-tenant relationship or a divided ownership 
arrangement involving totally independent entities cooperating only to 
produce watermelons in which more than one of the parties is a 
producer, shall be entitled to one vote in the referendum covering only 
that producer's share of the ownership: <IT>Provided further<RM>, That 
the vote of a person who both produces and handles watermelons will be 
counted as a handler vote if the producer purchased watermelons from 
other producers, in a combined total volume that is equal to 25 percent 
or more of the producer's own production; or the combined total volume 
of watermelon handled by the producer from the producer's own 
production and purchased from other producer's production is more than 
50 percent of the producer's own production: <IT>Provided further<RM>, 
That the vote of a person who both imports and handles watermelons will 
be counted as an importer vote if that person imports 50 percent or 
more of the combined total volume of watermelons handled and imported 
by that person.
    (b) Proxy voting is not authorized, but an officer or employee of a 
corporate producer, handler, or importer, or an administrator, 
executor, or trustee of a producing, handling, or importing entity may 
cast a ballot on behalf of such entity. Any individual so voting in a 
referendum shall certify that the individual is an officer, employee of 
the producer, handler, or importer, or an administrator, executor, or 
trustee of a producing, handling, or importing entity and that the 
individual has the authority to take such action. Upon request of the 
referendum agent, the individual shall submit adequate evidence of such 
authority.
    (c) <IT>Casting of ballots. <RM>All ballots are to be cast as 
instructed by the Secretary.


Sec. 1210.603  Instructions.

    The referendum agent shall conduct the referendum, in the manner 
herein provided, under the supervision of the Administrator. The 
Administrator may prescribe additional instructions, not inconsistent 
with the provisions hereof, 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

[[Page 21600]]

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 voting period, 
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 said agent may deem advisable.
    (d) Mail to eligible producers; importers; and in the case of an 
order assessing handlers, handlers whose names and addresses are known 
to the referendum agent; the instructions on voting; a ballot; and a 
summary of the terms and conditions to be voted upon. No person who 
claims to be eligible to vote shall be refused a ballot. However, such 
persons may be required to submit evidence of their eligibility.
    (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.


Sec. 1210.604  Subagents.

    The referendum agent may appoint any individual or individuals 
necessary to assist the agent in performing such agent's functions 
hereunder. 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.


Sec. 1210.605  Ballots.

    The referendum agent and subagents shall accept all ballots cast. 
However, if an agent or subagent deems that a ballot should be 
questioned for any reason, the agent or subagent shall endorse above 
their signature, on the ballot, a statement to the effect that such 
ballot was questioned, by whom questioned, why the ballot was 
questioned, the results of any investigation made with respect to the 
questionable ballot, and the disposition of the questionable ballot. 
Ballots invalid under this subpart shall not be counted.


Sec. 1210.606  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 analysis of 
the referendum and its results.


Sec. 1210.607  Confidential information.

    All ballots cast and their contents and all other information or 
reports furnished to, compiled by, or in possession of, the referendum 
agent or subagents that reveal, or tend to reveal, the identity or vote 
of any producer, handler, or importer of watermelons shall be held 
strictly confidential and shall not be disclosed.

    Dated: April 23, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 01-10601 Filed 4-27-01; 8:45 am]
BILLING CODE 3410-02-P


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