Soybean Promotion and Research Program: Procedures for the Conduct of a Producer Poll

SUMMARY: Pursuant to the Soybean Promotion, Research, and Consumer

Information Act (Act), a poll will be conducted among eligible soybean

producers to determine whether they support the conduct of a refund

referendum on the continuance of the payment of refunds under the

Soybean Promotion and Research Order (Order). This final rule

establishes the procedures for conducting the required producer poll.

EFFECTIVE DATE: March 22, 1995.

FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief; Marketing

Programs Branch; Livestock and Seed Division; Agricultural Marketing

Service (AMS), USDA, room 2624-S; PO Box 96456; Washington, DC 20090-

6456. Telephone number 202/720-1115.

SUPPLEMENTARY INFORMATION:

Prior document in this proceeding: Proposed Rule--Soybean Promotion

and Research Program: Procedures for the Conduct of a Producer Poll

published October 18, 1994 (59 FR 52475).

Executive Orders 12866 and 12778 and Regulatory Flexibility Act

The Department of Agriculture is issuing this rule in conformance

with Executive Order 12866.

This final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. It is not intended to have a retroactive effect.

The Act provides that administrative proceedings must be exhausted

before parties may file suit in court. Under Sec. 1971 of the Act, a

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 law, and

requesting a modification of the Order or an exemption from the Order.

The Act provides that a petitioner is to be given the opportunity for a

hearing on the petition, and that the Secretary is to rule on the

petition after such hearing. The District Court of the United States in

any district in which the petitioner resides or carries on business has

jurisdiction to review the Secretary's ruling if the petitioner files a

complaint seeking review not later than 20 days after the date of the

entry of the ruling.

Section 1974 of the Act also provides, with certain exceptions,

that nothing in the Act may be construed to preempt or supersede any

other program relating to soybean promotion, research, consumer

information, or industry information organized and operated under the

laws of the United States or any State. One exception concerns

assessments collected by Qualified State Soybean Boards. To ensure

adequate funding of the operations of Qualified State Soybean Boards

under the Act, no State law or regulation may limit or have the effect

of limiting the full amount of assessments that a Qualified State

Soybean Board in that State may collect and which is authorized to be

credited under the Act. Another exception concerns certain referenda

conducted by a State during specified periods relating to the

continuation or termination of a Qualified State Soybean Board or State

soybean assessment.

This final rule establishes procedures for the conduct of a

producer poll. It provides to all eligible soybean producers the

opportunity to request that the Secretary conduct a refund referendum

on the continuance of the payment of refunds under the Order.

Participation in the poll is voluntary. The Administrator of AMS has

determined that this final rule will not have a significant economic

impact on a substantial number of small business entities.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980, the

information collection requirements contained in this final rule have

been approved by the Office of Management and Budget (OMB). They have

been assigned OMB control number 0581-0093. The information collection

requirements in this final rule include the following:

(a) In-person requests to conduct a refund referendum: Each person

who wants to request that the Secretary conduct a refund referendum

must ask the appropriate county Consolidated Farm Service Agency (CFSA)

office to enter his or her name and address on Form LS-51, ``Producer

Poll on Refund Referendum Request List.'' Each person must read the

Certification Statement at the top of the form and sign it certifying

that he or she meets the eligibility requirements. The estimated

average time burden for completing the procedure is 5 minutes per

person.

(b) Absentee requests to conduct a refund referendum: Each person

who wants to request that the Secretary conduct a refund referendum

must write or go to the appropriate county CFSA office and ask for Form

LS-53. The CFSA office will provide the form by mail. The requester

must then complete Form LS-53, ``Producer Poll Refund Referendum--

Absentee Request.'' Form LS-53 is a self-mailer. The person making a

request must read and sign the form, fold the form so that the CFSA

address is visible, and tape the form closed. The form may be returned

by mail by affixing a stamp or may be returned in person. The estimated

average time burden for completing the procedure is 5 minutes per

person.

(c) The final rule contains a requirement that the county CFSA

office list the names and addresses of each person requesting Form LS-

53 (Absentee Request), the date of the request, and the date the

completed form was received by the CFSA office. The Department needs

this information in order to prepare a list of persons making a request

in the producer poll and to make the list available to interested

parties. This information can also be used to validate requests and to

challenge potentially ineligible persons. Each county CFSA office will

fill out one or more Form LS-52 ``Absentee Request List.'' The

estimated average reporting burden will depend on the

[[Page 15028]] number of requests. We estimate that 75,000 to 100,000

producers, including in-person and absentee, will request that the

Secretary conduct a refund referendum, with each producer making one

request.

Background

The Act (7 U.S.C. 6301-6311) provides for the establishment of a

coordinated program of promotion and research designed to strengthen

the soybean industry's position in the marketplace, and to maintain and

expand domestic and foreign markets and uses for soybeans and soybean

products. The program is financed by an assessment of 0.5 of one

percent of the net market price of soybeans sold by producers. Pursuant

to the Act, an Order was made effective July 9, 1991, and the

collection of assessments began September 1, 1991.

The Act requires that a referendum be conducted no earlier than 18

months and no later than 36 months after the issuance of the Order to

determine whether the Order should be continued.

The required initial referendum was conducted on February 9, 1994.

Of the 85,606 valid ballots cast, 46,060 (53.8 percent) were in favor

of continuing the Order, and the remaining 39,546 votes (46.2 percent)

were against continuing the Order. The Act requires approval by a

simple majority for the Order to continue.

The Act also requires that within 18 months after the Secretary

announces the results of the referendum, the Secretary conduct a poll

of producers to determine if producers support the conducting of a

referendum on the continuance of the payment of refunds under the

Order. The Secretary announced the results of the referendum on April

1, 1994. Therefore, the producer poll must be held before October 1,

1995.

For purposes of the poll, the Secretary will use data from the 1992

Census of Agriculture to determine the total number of producers. The

census shows that 381,000 farms produce soybeans. Therefore, for

purposes of the poll, the total number of soybean producers will be

381,000.

If, based on the poll, the Secretary determines that at least 20

percent (not in excess of one-fifth of which may be producers in any

one State) of the approximately 381,000 producers nationwide support

the conducting of a refund referendum, the Secretary must conduct a

refund referendum within 1 year of that determination.

If, based on the poll, the Secretary determines that less than 20

percent (not in excess of one-fifth of which may be producers in any

one State) of the approximately 381,000 producers nationwide support

the conducting of a refund referendum, it will not be conducted and

refunds will be discontinued.

The Act specifies that the producer poll shall be conducted for a

period established by the Secretary. Eligible persons must both certify

that they were engaged in the production of soybeans during a

representative period specified by the Secretary and indicate that they

support the conducting of a refund referendum.

The Secretary has determined that the producer poll shall be

conducted on 1 day. That date will be announced in a Notice published

in the Federal Register and as specified in Sec. 1220.711. The Act also

provides that producers may participate in the poll in person at county

Extension (now Cooperative State Research, Education, and Extension

Service) offices or county Agricultural Stabilization and Conservation

Service (now Consolidated Farm Service Agency) offices or by mail-in

requests. Conducting the poll at county CFSA offices and providing for

mail-in requests will provide the greatest opportunity for those

producers who wish to indicate that they support the conducting of a

refund referendum.

On October 18, 1994, AMS published in the Federal Register (59 FR

52475) a proposed rule setting forth the procedures to be followed in

conducting the producer poll under the Act. The proposed rule included

provisions concerning definitions, supervision of the producer poll,

certification and request procedures, reporting poll results, and

disposition of records. It also proposed that CFSA of the Department

coordinate State and county CFSA roles in conducting the poll.

The proposed rule was published with a request for comments to be

submitted by November 17, 1994.

The Department received nine written comments. One from the United

Soybean Board, five from State soybean organizations and three from

individual soybean producers. The commenters generally supported the

procedures for the conduct of the poll with certain qualifications.

The changes suggested by commenters are discussed below, together

with a description of changes made by the Department upon review of the

proposed procedures for the conduct of a producer poll. The Department

has made other minor changes of a nonsubstantive nature for clarity and

accuracy. Due to the recent reorganization of USDA, all references in

the proposed rule to ``Agricultural Stabilization and Conservation

Service (ASCS)'' have been changed in this final rule and in the

discussion below to ``Consolidated Farm Service Agency (CFSA),'' and

references to ``Cooperative Extension Service (CES)'' have been changed

to ``Cooperative State Research, Education, and Extension Service

(CSREES).'' For the reader's convenience, the discussion is organized

by the same topic headings in the proposed rule.

Sec. 1220.717 General.

Regarding Sec. 1220.717(b), two commenters suggested that the poll

be conducted at county Cooperative Extension Service (CES) Offices (now

Cooperative State Research, Education, and Extension Service (CSREES))

because the Act requires that referenda be conducted at CSREES offices

and to do otherwise would tend to cause confusion among producers. The

poll is not a referendum. It is an opportunity for producers to request

a referendum, and only those producers who want to request a refund

referendum will participate in the poll. Therefore, we believe that the

use of CFSA offices is the most economical and efficient place for

conducting the poll. If the poll shows that producers favor a refund

referendum, it (as well as any future referenda) will be conducted at

county CSREES offices as provided in the Act. Accordingly, we have not

adopted this suggestion in this final rule.

Regarding Sec. 1220.717 (c) and (d), the commenters suggested that,

because the outcome of the poll is determined by 20 percent (not in

excess of one-fifth of which may be producers in any one State) of all

producers, the rule should include the total number of soybean

producers that would be used to determine the outcome of the poll. This

is a valid suggestion. Accordingly, we have added subsection (e) as

follows: ``For purposes of subsections (c) and (d), the total number of

producers is 381,000.''

Sec. 1220.720 Time and place for requesting a refund referendum.

Two commenters suggested extending the in-person portion of the

poll to three consecutive days and one commenter suggested extending it

to two days. The commenters believe that giving more time for the in-

person poll would provide a greater opportunity for producers to

participate in the poll. We share the commenters' concern that

producers have ample opportunity to participate in the poll; however,

we believe that the provision for a 4-week absentee period will give

all those who wish to participate in the poll a chance

[[Page 15029]] to do so. Therefore, this suggestion is not adopted.

Sec. 1220.723 Certification and request procedure.

Regarding Sec. 1220.723(b), two commenters suggested that eligible

producers be allowed to request Form LS-53 (absentee request) by

telephone. We have determined that restricting requests to in-person

and mail-in--where the producer is required to write his or her name

and address--lessens the likelihood that a request would go unfilled

because the required information was not accurately recorded by the

person answering the telephone. Accordingly, this suggestion is not

adopted.

Regarding Sec. 1220.723(b)(4), two commenters wrote that the Act

provides that to be considered, absentee requests (Forms LS-53) must be

postmarked no later than the end of the period established under clause

(i) for in-person requests. They assert that the postmark is the

relevant date and should be the end of the period for in-person

requests. We agree that the postmark is the relevant date and that the

Act specifies that the date be no later than the end of the period for

in-person requests. The date can, however, be earlier, and we have

required that absentee requests be postmarked no later than the end of

the period for absentee requests. This earlier cut-off date is

necessary to ensure that county CFSA offices receive absentee requests

in time to allow those requesters' names to be posted for public

viewing. Challenges to a person's eligibility to make a request must be

made no later than the 2nd day after the in-person polling date.

Accordingly, we have adopted a part of the suggestion and amended this

section to require that absentee requests be postmarked on or before

the last day of the absentee polling period.

Sec. 1220.725 Challenge of eligibility.

Regarding Sec. 1220.725(e), two commenters were concerned that

there is no provision for an appeal, by a person challenging a

producer's eligibility, of the county CFSA committee's determination

that the producer is eligible. When a person challenges another's

eligibility, the CFSA county committee, acting on behalf of the

Administrator of AMS for purposes of conducting the poll, determines

whether the official records indicate that the challenged person is

eligible. If the records so indicate, the CFSA county committee

resolves the challenge in favor of eligibility. If the records do not

so indicate, the challenged person is notified of his or her right of

appeal and to provide proof of eligibility to the CFSA county

committee. Since the CFSA county committee's determination is based on

official records, this suggestion is not adopted.

Sec. 1220.726 Canvassing request lists.

Regarding Sec. 1220.726, two commenters were concerned that the

canvassing procedures in this subsection do not conform with the

canvassing procedures set out for the initial referendum. The

canvassing referred to in the initial referendum rule pertained to the

county CSREES offices transferring ballots to the county CFSA offices

and verifying that each ballot transferred was recorded on the list of

voters. The canvassing referred to in this rule pertains to the review

and tabulation of the poll results, which would take place on the 10th

business day following the in-person polling date. The commenters'

concern that eligibility be determined in a timely manner is addressed

in Sec. 1220.725 and will be addressed in the detailed instructions

provided to the county CFSA offices. All properly completed requests

are deemed valid until challenged. The commenters also suggested that

the rule contain a definition of ``invalid requests.'' This is a valid

suggestion and we have described that term in Sec. 1220.726(b). Section

1220.726(b) in the proposed rule is renumbered Sec. 1220.726(c) in this

final rule.

Miscellaneous

Two commenters recommended that a new section be included to

address the requirement in the Act that the Secretary publish a notice

in the Federal Register and that the Board notify producers in writing,

within 60 days of the end of the polling period, of their opportunity

to request a refund referendum. This is a valid suggestion; however,

rather than add a new section, we have expanded the definition of

Public Notice in Sec. 1220.711 to include the commenters' suggestions.

Effective Date

Pursuant to 5 U.S.C. 553 it is found and determined that good cause

exists for not postponing the effective date of the action until 30

days after publication of this rule in the Federal Register. This rule

establishes the procedures for conducting a producer poll required by

the Act and should become effective as soon as possible in order to

begin preparations for the poll.

List of Subjects in 7 CFR Part 1220

Agricultural research, Reporting and recordkeeping requirements,

Soybeans.

For the reasons set forth in the preamble, 7 CFR part 1220 is

amended as follows:

PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

1. The authority citation for part 1220 continues to read as

follows:

Authority: 7 U.S.C. 6301-6311.

2. In part 1220, a new subpart F is added to read as follows:

Subpart F--Procedures for the Conduct of a Producer Poll

Sec.

Definitions

1220.701 Act.

1220.702 Administrator.

1220.703 Consolidated Farm Service Agency County Committee.

1220.704 Consolidated Farm Service Agency.

1220.705 Consolidated Farm Service Agency County Executive

Director.

1220.706 Department.

1220.707 Deputy Administrator.

1220.708 Order.

1220.709 Person.

1220.710 Producer.

1220.711 Public notice.

1220.712 Refund referendum.

1220.713 Representative period.

1220.714 Secretary.

1220.715 Soybeans.

1220.716 State and United States.

Producer Poll

1220.717 General.

1220.718 Supervision of poll.

1220.719 Eligibility.

1220.720 Time and place for requesting a refund referendum.

1220.721 Facilities for conducting poll.

1220.722 Certification and request forms.

1220.723 Certification and request procedure.

1220.724 Lists of registered producers.

1220.725 Challenge of eligibility.

1220.726 Canvassing request lists.

1220.727 CFSA county office report.

1220.728 CFSA State office report.

1220.729 Results of the poll.

1220.730 Disposition of records.

1220.731 Instructions and forms.

Subpart F--Procedures for the Conduct of a Producer Poll

Definitions

Sec. 1220.701 Act.

The term Act means the Soybean, Promotion, Research, and Consumer

Information Act set forth in title XIX, subtitle E of the Food,

Agriculture, Conservation, and Trade Act of 1990 (Pub. L. 101-624), and

any amendments thereto. [[Page 15030]]

Sec. 1220.702 Administrator.

The term Administrator means the Administrator of AMS, or any

officer or employee of the Department to whom there has been delegated

or may be delegated the authority to act in the Administrator's stead.

Sec. 1220.703 Consolidated Farm Service Agency County Committee.

The term Consolidated Farm Service Agency County Committee, also

referred to as CFSA County Committee, means the group of persons within

a county who are elected to act as the Consolidated Farm Service Agency

County Committee.

Sec. 1220.704 Consolidated Farm Service Agency.

The term Consolidated Farm Service Agency, also referred to as

CFSA, means the Consolidated Farm Service Agency of the Department.

Sec. 1220.705 Consolidated Farm Service Agency County Executive

Director.

The term Consolidated Farm Service Agency County Executive

Director, also referred to as CED, means the person employed by the

CFSA County Committee to execute the policies of the CFSA County

Committee and to be responsible for the day-to-day operation of the

CFSA county office, or the person acting in such capacity.

Sec. 1220.706 Department.

The term Department means the United States Department of

Agriculture.

Sec. 1220.707 Deputy Administrator.

The term Deputy Administrator means the Deputy or Acting Deputy

Administrator, Program Delivery and Field Operations, Consolidated Farm

Service Agency, U.S. Department of Agriculture.

Sec. 1220.708 Order.

The term Order means the Soybean Promotion and Research Order.

Sec. 1220.709 Person.

The term Person means any individual, group of individuals,

partnership, corporation, association, cooperative, or any other legal

entity.

Sec. 1220.710 Producer.

The term Producer means any person engaged in the growing of

soybeans in the United States who owns, or shares the ownership and

risk of loss of such soybeans.

Sec. 1220.711 Public notice.

The term Public notice means a notice published in the Federal

Register, not later than 60 days prior to the last day of the polling

period which provides information regarding the producer poll. Such

notification shall include, but not be limited to explanation of

producers rights; the opportunity to request a refund referendum by

participating in the producer poll; the purpose of the poll, dates

during which the producer poll will be conducted; where it will be

conducted, and eligibility requirements. Additionally, the Board is

required to provide producers, in writing, the same information during

the same time period. Other pertinent information will also be

provided, without advertising expense, through press releases by State

and county CFSA offices and other appropriate Government offices, by

means of newspapers, electronic media, county newsletter, and the like.

Sec. 1220.712 Refund referendum.

The term Refund referendum means a referendum conducted pursuant to

Sec. 1969(1)(2)(F)(iv) of the Act relating to continuance of authority

for producers to receive refunds of assessments.

Sec. 1220.713 Representative period.

The term Representative period means the period designated by the

Secretary pursuant to Sec. 1970 of the Act.

Sec. 1220.714 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 there may be delegated the authority to

act in the Secretary's stead.

Sec. 1220.715 Soybeans.

The term Soybeans means all varieties of Glycine max or Glycine

soja.

Sec. 1220.716 State and United States.

The terms State and United States include the 50 States of the

United States of America, the District of Columbia, and the

Commonwealth of Puerto Rico.

Producer Poll

Sec. 1220.717 General.

(a) A poll to determine whether eligible producers favor the

conduct of a refund referendum on the continuance of the payment of

refunds under the Order shall be conducted in accordance with this

subpart.

(b) The poll shall be conducted at the county offices of CFSA.

(c) If the Secretary determines, based on the poll results, that at

least 20 percent (not in excess of one-fifth of which may be producers

in any one State) of all producers support the conducting of a refund

referendum to determine whether such producers favor the continuation

of the payment of refunds under the Order, a refund referendum will be

held within 1 year from that determination.

(d) If the Secretary determines, based on the poll results, that

less than 20 percent (not in excess of one-fifth of which may be

producers in any one State) of all producers favor the conduct of a

refund referendum, a refund referendum will not be held and refunds

will be discontinued.

(e) For purposes of paragraphs (c) and (d) of this section, the

total number of producers is 381,000 as reported in the 1992 Census of

Agriculture.

Sec. 1220.718 Supervision of poll.

The Administrator shall be responsible for conducting the poll in

accordance with this subpart.

Sec. 1220.719 Eligibility.

(a) Eligible producers. Each person who was a producer during the

representative period is entitled to request a refund referendum. Each

producer entity is entitled to only one request.

(b) Participation in the poll by proxy is not authorized.

(c) An officer or employee of a corporate producer, or any

guardian, administrator, executor, or trustee of a producer's estate,

or an authorized representative of any eligible producer entity (other

than an individual producer), such as a corporation or partnership, may

register and request a refund referendum on behalf of that entity. Such

individual must certify that he/she is authorized by such entity to

take such action.

(d) Joint and group interest. 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 soybeans as a producer entity will be entitled to make

only one request; provided, however, that any individual member of a

group who is an eligible producer separate from the group may register

and make a request as a producer.

Sec. 1220.720 Time and place for requesting a refund referendum.

A poll will be conducted for one day on a date to be determined by

the Secretary. Eligible persons shall make their requests following the

procedures in Sec. 1220.723. Except for absentee requests, the polling

will take place during the business hours of each county CFSA

office. [[Page 15031]]

Sec. 1220.721 Facilities for conducting poll.

Each county CFSA office shall provide adequate facilities and space

to permit producers to register and to sign Form LS-51 indicating that

they are requesting that a refund referendum be conducted.

Sec. 1220.722 Certification and request forms.

A single sheet (Form LS-51) shall be used for certifying

eligibility and for requesting a refund referendum. The county CFSA

office, at the request of the producer, will fill out the form,

including the producer's name and address. The county CFSA office will

require the producer to read the certification statement and to sign

his or her name. The form does not require a ``yes'' or ``no.''

Completing and signing the Form LS-51 will be considered a request to

the Secretary to conduct a refund referendum. A combined registration,

certification, and request form (Form LS-53) shall be used for absentee

requests. The producer must read and sign the form simultaneously

registering, certifying eligibility, and requesting that a refund

referendum be conducted.

Sec. 1220.723 Certification and request procedure.

(a) In-person. Each producer who wants to request that a refund

referendum be conducted shall, during the period to be specified by the

Secretary, request that the county CFSA office in, or serving, the

county in which the producer resides, enter his or her name and address

on Form LS-51. Each producer entity shall make its request at the

county CFSA office in the county in which its headquarters office or

business is located or at the county office serving the county in which

the entity's headquarters office or business is located. Producers will

be required to provide their names and addresses to the county CFSA

office and to read the certification statement before signing the form.

By signing the form, producers certify that they or the entity they

represent were producers during the specified representative period. A

producer who is requesting a refund referendum on behalf of an entity

referred to in Sec. 1220.719 certifies by signing the form that he or

she is authorized to do so.

(b) Absentee requests. Individual eligible producers may request

and obtain a combined registration, certification, and request form

(Form LS-53) from the county CFSA office in, or serving, the county in

which they reside. Eligible producer entities may request Form LS-53

from the county CFSA office in, or serving, the county in which their

main office is located. Only one Form LS-53 shall be provided to each

eligible producer. Form LS-53 may be requested in person or in writing

during a specified period which will be announced by the Secretary. The

county ASCS office shall enter on Form LS-52, ``Absentee Request

List,'' the name and address of each person or entity requesting Form

LS-53 and the date the form was mailed.

(1) To register, eligible producers must complete and sign Form LS-

53, and certify that: (i) They or the entity they represent were

producers during the specified representative period; and

(ii) If requesting a refund referendum on behalf of an entity

referred to in Sec. 1220.719 they are authorized to do so.

(2) After completing Form LS-53, a producer must fold the self-

mailer so that the CFSA county office address is properly displayed,

and mail or deliver the form to the address shown.

(3) Completed absentee requests must be postmarked no later than

the last day of the absentee polling period.

Sec. 1220.724 Lists of registered producers.

Maintaining security of Forms LS-51 and LS-52. County CFSA offices

shall at all times maintain control of the master (original) Forms LS-

51 and LS-52. A copy of Form LS-52 will be posted and available for

public inspection each day beginning on the first day of the absentee

polling period through the second business day following the in-person

poll. Copies of Form LS-51 will be posted and available for public

inspection on the date of the in-person poll and for 2 business days

thereafter. The forms will be posted during regular office hours in a

conspicuous public location.

Sec. 1220.725 Challenge of eligibility.

(a) Who may challenge. A person's eligibility to request a refund

referendum may be challenged by any person.

(b) Challenge period. A challenge of a person's eligibility to

request a refund referendum may be made at any time during the polling

period, but no later than the close of business on the 2nd day after

the date of the in-person poll.

(c) Determination of challenges. The CFSA County Committee or its

designee, acting on behalf of the Administrator, shall make a

determination concerning the eligibility of a producer who has been

challenged and notify challenged producers as soon as practicable, but

not later than 5 business days after the date of the in-person poll.

(d) Challenged names. The names of producers whose eligibility is

challenged shall be so noted. The notation ``challenged'' shall be made

next to the name on the Form LS-51 or Form LS-52. After the challenge

has been resolved, the county CFSA office shall write either

``eligible'' or ``ineligible'' next to the name on the Form LS-51 or

Form LS-52. A challenge shall be determined to have been resolved if

the determination of the CFSA County Committee or its designee is not

appealed within the time allowed for appeal or there has been a

determination by the CFSA County Committee after an appeal.

(e) Appeal. A person declared to be ineligible to request a refund

referendum by the CFSA County Committee or its designee may file an

appeal at the county CFSA office within 3 business days after

notification of such decision. Such person may be required to provide

documentation such as sales documents or similar documents in order to

demonstrate his or her eligibility. An appeal shall be determined by

the CFSA County Committee, or its designee, acting on behalf of the

Administrator, as soon as practicable, but in all cases not later than

the 9th business day after the last day of the polling period. The CFSA

County Committee or its designee's determination on an appeal is final.

Sec. 1220.726 Canvassing request lists.

(a) Canvassing procedure. Canvassing of Forms LS-51, LS-52, and LS-

53 shall take place as soon as possible after the opening of county

CFSA offices on the 10th business day following the in-person polling

date. Such canvassing shall be in the presence of at least two CFSA

employees. CED or designee shall supervise the canvassing process and

make a determination as to:

(1) The number of producers signing Forms LS-51 and LS-53 and found

to be eligible to request a refund referendum, and

(2) The number of producers signing Forms LS-51 and LS-53 found to

be ineligible to request a refund referendum.

(b) Requests shall be declared invalid if a producer has failed to

provide all information required and/or has failed to properly sign

Forms LS-51, LS-52, or LS-53.

(c) The public may witness the review and tabulation of Forms LS-

51, LS-52, and LS-53, but may not interfere with the process.

Sec. 1220.727 CFSA county office report.

The CFSA county report shall be certified as complete by the CED or

designee. CFSA county office shall notify CFSA State office of the

results of [[Page 15032]] the poll. Each CFSA county office shall

transmit the results of the poll in its county to the CFSA State

office. Such report shall include, but not be limited to, the number of

producers registering to request a refund referendum; the number of

requests declared invalid; the number of requests declared ineligible;

and the total number of requests declared eligible to conduct a

referendum. The results of the poll in each county may be made

available to the public after the county has reported to the State

office. A copy of the report of results shall be posted for 30 days in

CFSA county office in a conspicuous place accessible to the public, and

a copy shall be kept on file in CFSA county office for a period of at

least 12 months.

Sec. 1220.728 CFSA State office report.

Each CFSA State office shall transmit to the Deputy Administrator,

CFSA, a written summary of the results of the poll received from all

CFSA county offices within the State. The summary shall include the

information on the poll results contained in the reports from all

county offices within each State and be certified by the CFSA State

Executive Director. The State CFSA office shall maintain a copy of the

summary where it shall be available for public inspection for a period

of not less that 12 months.

Sec. 1220.729 Results of the poll.

(a) The Deputy Administrator, CFSA, shall submit to the

Administrator, AMS, the results of the poll. The Administrator, AMS,

shall prepare and submit to the Secretary a report of the results of

the poll. The results of the poll shall be issued by the Department in

an official press release and published in the Federal Register. State

reports and related papers shall be available for public inspection in

the office of the Marketing Programs Branch, Livestock and Seed

Division, AMS, USDA, room 2624 South Agriculture Building, 14th and

Independence Avenue SW, Washington, DC.

(b) If the Secretary deems it necessary, the report of any State or

county will be reexamined and checked by such persons who may be

designated by the Deputy Administrator, CFSA, or the Secretary.

Sec. 1220.730 Disposition of records.

Each CFSA CED shall place in sealed containers marked with the

identification of the soybean producer poll, the request lists and

county summaries. Such records shall be secured in the custody of the

CFSA CED for a period of not less than 12 months after the poll. If no

notice to the contrary is received from the Deputy Administrator, CFSA,

by the end of such time, the records shall be destroyed.

Sec. 1220.731 Instructions and forms.

The Administrator is hereby authorized to prescribe additional

instructions and forms not inconsistent with the provisions of this

subpart to govern the conduct of the producer poll.

Dated: March 15, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-6910 Filed 3-21-95; 8:45 am]

BILLING CODE 3410-02-P