21596 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Proposed Rules

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1210

[FV–01–701 PR]

Watermelon Research and Promotion

Plan: Referendum Procedures

ACTION: Proposed rule with request for

comments.

SUMMARY: 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.

DATES: Comments must be received by

June 29, 2001.

ADDRESSES: 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:

malinda.farmer@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register. 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.

FOR FURTHER INFORMATION CONTACT:

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 Daniel.Manzoni@usda.gov.

SUPPLEMENTARY INFORMATION: 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

Federal Register.

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

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

seq.], 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 Federal Register.

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.

Title: National Research, Promotion,

and Consumer Information Programs.

OMB Number: 0581–0093.

Expiration Date of Approval: January

31, 2001.

Type of Request: Revision of a

currently approved information

collection for advisory committees and

boards and for research and promotion

programs.

Abstract: 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:

Estimate of Burden: Public reporting

burden for this collection of information

is estimated to average 0.5 hours per

response.

Respondents: Eligible producers,

handlers, and importers.

21598 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Proposed Rules

Estimated Number of Respondents:

3,670.

Estimated Number of Responses per

Respondent: 1 every 8 years (0.125).

Estimated Total Annual Burden on

Respondents: 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 Federal

Register. 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 Federal Register.

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:

Authority: 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.

Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Proposed Rules 21599

Subpart D—Referendum Procedures

§ 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.

§ 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) Administrator 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) Department means the United

States Department of Agriculture.

(c) Eligible handler 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 § 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: Provided, 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) Eligible importer 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) Eligible producer 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) Person 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 joint ventures 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) Referendum agent or agent means

the individual or individuals designated

by the Secretary to conduct the

referendum.

(h) Representative period means the

period designated by the Secretary

pursuant to the Act.

§ 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:

Provided, 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: Provided further, 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:

Provided further, 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) Casting of ballots. All ballots are

to be cast as instructed by the Secretary.

§ 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

21600 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Proposed Rules

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.

§ 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.

§ 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.

§ 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.

§ 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