Soybean Promotion and Research Program: Procedures To Request a Referendum

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1220

[No. LS-98-001]

Soybean Promotion and Research Program: Procedures To Request a

Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule establishes procedures for soybean

producers to request a referendum on the Soybean Promotion and Research

Order (Order) as authorized under the Soybean Promotion, Research, and

Consumer Information Act (Act). The Act provides that the Secretary, 5

years after the conduct of the initial referendum, will give soybean

producers the opportunity to request an additional referendum on the

Order. Individual producers and other producer entities would be

provided the opportunity to request a referendum during a specified

period announced by the Secretary of Agriculture (Secretary), at the

county Farm Service Agency (FSA) office where FSA maintains and

processes the producer's administrative farm records. For the producer

not participating in FSA programs, the opportunity to request a

referendum would be provided at the county FSA office serving the

county where the producer owns or rents land.

DATES: Written comments must be received by October 5, 1998.

ADDRESSES: Send two copies of comments to Ralph L. Tapp, Chief;

Marketing Programs Branch; Livestock and Seed Program; Agricultural

Marketing Service (AMS), USDA; STOP-0251; 14th and Independence Avenue;

SW.; Washington, DC 20250-0251. Comments will be available for public

inspection during regular business hours in room 2606; South

Agriculture Building; 14th and Independence Avenue, SW., Washington,

DC. Comments on the information collection requirements contained in

this proposed rule may also be sent to the Office of Information and

Regulatory Affairs, Office of Management and Budget (OMB), Washington,

DC 20503, Attention: Desk Officer for AMS, USDA.

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

Programs Branch, 202/720-1115.

SUPPLEMENTARY INFORMATION:

Regulatory Impact Analysis

Executive Order 12866 and 12988 and the Regulatory Flexibility Act

and the Paperwork Reduction Act

The Department of Agriculture (Department) is issuing this rule in

conformance with Executive Order 12866.

This proposed rule has been reviewed under Executive Order 12988,

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

This rule would not preempt state or local laws, regulations, or

policies, unless they present an irreconcilable conflict with this

rule.

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 petitioner is afforded the opportunity for a hearing on the

petition. After a hearing the Secretary will rule on the petition. The

statute provides that the district court of the United States in any

district in which the petitioner resides or carries on business has

jurisdiction to review the Secretary's decision if a complaint for that

purpose is filed not later than 20 days after the date of the entry of

the Secretary's decision.

Further, Sec. 1974 of the Act 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 in the Act

concerns assessments collected by the Qualified State Soybean Boards

(QSSBs). The exception provides that to ensure adequate funding of the

operations of QSSBs under the Act, no State law or regulation may limit

or have the effect of limiting the full amount of assessments that a

QSSB in that State may collect, and which is authorized to be credited

under the Act. Another exception concerns certain referendums conducted

during specified periods by a State relating to the continuation or

termination of a QSSB or State soybean assessment.

Pursuant to requirements set forth in the Regulatory Flexibility

Act (RFA)(5 United States Code (U.S.C.) 601 et seq), the Administrator

of AMS has considered the economic effect of this action on small

entities and has determined that its implementation will not have a

significant economic impact on a substantial number of small business

entities.

According to the most recent data available from the Department's

National Agricultural Statistics Service (NASS), based on the 1992

Census of Agriculture, there are approximately 381,000 farms that grow

soybeans that may be eligible to request a referendum. The majority of

producers subject to the Order are small businesses under the criteria

established by the Small Business Administration.

The requirements set forth in this rule are substantially similar

to the rules that established the eligibility and participation

requirements for a July 26, 1995, soybean producer poll published as a

final rule on March 22, 1995 (60 FR 15027), in the Federal Register.

The procedures to request a referendum would not impose a

substantial burden or have a significant impact on persons subject to

the Order. Further, participation is not mandatory. Not all persons

subject to the Order are expected to participate. The Department would

determine producer eligibility.

In compliance with OMB regulations [5 CFR Part 1320] which

implements the Paperwork Reduction Act (PRA)[44 U.S.C. 3501 et seq],

the information collection requirements contained in this proposed rule

have been previously approved by OMB and were assigned OMB control

number 0581-0093. The information collection requirements in this

proposed rule include the following:

(1) Any eligible person who requests a referendum must legibly

print his/her

[[Page 47201]]

name, or if applicable, the producer entity represented, address,

telephone number, and county on the ``Request for a Soybean

Referendum'' form (Form LS-51-1). Each person must read the

Certification Statement on the form and sign it certifying that he/she

or the producer entity represented meets the eligibility requirements.

Form LS-51-1 shall be obtained in person, by mail, telephone or

facsimile from the county FSA office where FSA maintains and processes

the producer's administrative farm records or at the county FSA office

serving the county where the producer owns or rents land. Form LS-51-1

may be returned by mail, by facsimile, or in person to the same county

FSA office where the form was obtained. A producer or producer entity

representative who obtains Form LS-51-1 in person during the Request

for Referendum period from the appropriate county FSA office may

complete Form LS-51-1 at that time. The estimated average time burden

for completing the procedure is 5 minutes per person.

(2) Using information from each returned Form LS-51-1, county FSA

personnel shall enter the producer's name, and if applicable, producer

entity representative and the date received (and the postmarked date

for mailed requests), and the method the form was received on the

``List of Soybean Producers Requesting a Referendum'' (Form LS-51-2).

This information may be used for the purpose of challenging the

eligibility of producers. Many county FSA offices will use more than

one Form LS-51-2 depending on the number of producers requesting a

referendum. Because only county FSA office personnel would be required

to complete Form LS-51-2, the time required to complete this form is

not included in the estimated average reporting burden for a producer.

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 required that an initial 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 initial referendum was conducted on February 9, 1994. On April

1, 1994, the Secretary announced that 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 required approval by a simple majority for the Order to

continue.

The Act also required that within 18 months after the Secretary

announced the results of the initial referendum, the Secretary would

conduct a poll among producers to determine if producers favored a

referendum on the continuance of the payment of refunds under the

Order.

A July 25, 1995, nationwide poll of soybean producers did not

generate sufficient support for a refund referendum to be held. A

refund referendum would have been held if at least 20 percent (not in

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

381,000 producers (76,200) nationwide requested it. Only 48,782 soybean

producers participated in the poll. Consequently, refunds were

discontinued on October 1, 1995.

The Act also specifies that the Secretary shall, 5 years after the

conduct of the initial referendum and every 5 years thereafter, provide

soybean producers an opportunity to request a referendum on the Order.

For all such referendums, if the Secretary determines that at least

10 percent of the U.S. producers engaged in growing soybeans (not in

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

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

within 1 year of that determination. If these requirements are not met,

no referendum would be conducted.

For the purposes of the Request for Referendum, the Secretary would

use the latest official numbers of U.S. soybean farms as reported by

NASS as representing the total number of producers. The latest official

data reported by NASS based on the 1992 Census of Agriculture shows

that 381,000 farms produce soybeans.

The Act provides that producers shall have an opportunity to

request a referendum during a period established by the Secretary.

Eligible persons must certify on an official form that they were

engaged in the growing of soybeans during a representative period

specified by the Secretary, and indicate that they favor the conduct of

a referendum. The Department proposes that the Request for Referendum

period would be a 4-week period announced by the Secretary and that the

representative period for which a producer was engaged in the growing

of soybeans would be January 1, 1996, to December 31, 1998. The Act

also provides that a Request for Referendum may be made in person or by

mail-in request at county Cooperative Extension Service offices or

county FSA offices. Providing producers an opportunity to request a

referendum at county FSA offices will give producers the greatest

opportunity to request a referendum.

The proposed rule sets forth procedures for producers to request a

referendum as authorized under the Act, including definitions,

eligibility, certification and request procedure, reporting results,

and disposition of the forms and records. It is proposed that FSA of

the Department would coordinate State and county FSA roles in

conducting the Request for Referendum by (1) determining producer

eligibility, (2) canvassing and counting requests, and (3) reporting

the results.

A 30-day comment period is provided for interested persons to

comment on this proposed rule. This comment period is deemed

appropriate because the Act provides that the Secretary, 5 years after

the conduct of the initial referendum, will give soybean producers the

opportunity to request an additional referendum on the Order. A 30-day

comment period will assist in timely implementation of this rule

consistent with the provisions of the Act.

List of Subjects in 7 CFR Part 1220

Administrative practice and procedure, Advertising, Agricultural

research, Marketing agreements, Soybeans and soybean products,

Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, it is proposed that 7

CFR part 1220 be 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, subpart F is added to read as follows:

Subpart F--Procedures To Request a Referendum

Definitions

Sec.

1220.10 Act.

1220.11 Administrator, AMS.

[[Page 47202]]

1220.12 Administrator, FSA.

1220.13 Department.

1220.14 Farm Service Agency.

1220.15 Farm Service Agency County Committee.

1220.16 Farm Service Agency County Executive Director.

1220.17 Order.

1220.18 Person.

1220.19 Producer.

1220.20 Public notice.

1220.21 Representative period.

1220.22 Secretary.

1220.23 Soybeans.

1220.24 State and United States.

Procedures

1220.30 General.

1220.31 Supervision of the process for requesting a referendum.

1220.32 Eligibility.

1220.33 Time and place for requesting a referendum.

1220.34 Facilities.

1220.35 Certification and request form.

1220.36 Certification and request procedure.

1220.37 List of producers requesting a referendum.

1220.38 Challenge of eligibility.

1220.39 Canvassing.

1220.40 Counting requests.

1220.41 Public review.

1220.42 FSA county office report.

1220.43 FSA State office report.

1220.44 Reporting results.

1220.45 Disposition of records.

1220.46 Instructions and forms.

Definitions

Sec. 1220.10 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.

Sec. 1220.11 Administrator, AMS.

The term Administrator, AMS means the Administrator of the

Agricultural Marketing Service, or any officer or employee of the

Department to whom there has been delegated or may be delegated the

authority to act in the Administrator's stead.

Sec. 1220.12 Administrator, FSA.

The term Administrator, FSA means the Administrator, of the Farm

Service Agency, or any officer or employee of the Department to whom

there has been delegated or may be delegated the authority to act in

the Administrator's stead.

Sec. 1220.13 Department.

The term Department means the United States Department of

Agriculture.

Sec. 1220.14 Farm Service Agency.

The term Farm Service Agency, also referred to as ``FSA,'' means

the Farm Service Agency of the Department.

Sec. 1220.15 Farm Service Agency County Committee.

The term Farm Service Agency County Committee, also referred to as

``FSA County Committee or COC,'' means the group of persons within a

county who are elected to act as the Farm Service Agency County

Committee.

Sec. 1220.16 Farm Service Agency County Executive Director.

The term Farm Service Agency County Executive Director, also

referred to as ``CED,'' means the person employed by the FSA County

Committee to execute the policies of the FSA County Committee and to be

responsible for the day-to-day operation of the FSA county office, or

the person acting in such capacity.

Sec. 1220.17 Order.

The term Order means the Soybean Promotion and Research Order.

Sec. 1220.18 Person.

The term Person means any individual, group of individuals,

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

entity.

Sec. 1220.19 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. 1220.20 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 Request

for Referendum period that provides information regarding the Request

for Referendum period. Such notification shall include, but not be

limited to, explanation of producers' rights; procedures to request a

referendum, the purpose, dates of the Request for Referendum period,

place for requesting a referendum, and eligibility requirements.

Additionally, the Board is required to provide producers, in writing,

the same information during the same time period. Other pertinent

information shall also be provided, without advertising expense,

through press releases by State and county FSA offices and other

appropriate Government offices, by means of newspapers, electronic

media, county newsletter, and the like.

Sec. 1220.21 Representative period.

The term Representative period means the period designated by the

Secretary pursuant to section 1970 of the Act.

Sec. 1220.22 Secretary.

The term Secretary means the Secretary of Agriculture of the United

States Department of Agriculture 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. 1220.23 Soybeans.

The term Soybeans means all varieties of Glycine max or Glycine

soja.

Sec. 1220.24 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.

Procedures

Sec. 1220.30 General.

An opportunity to request a referendum shall be provided to U.S.

soybean producers to determine whether eligible producers favor the

conduct of a referendum and the Request for Referendum shall be carried

out in accordance with this subpart.

(a) The opportunity to request a referendum shall be provided at

the county FSA offices.

(b) If the Secretary determines, based on results of the Request

for Referendum, that no less than 10 percent (not in excess of one-

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

requested a referendum on the Order, a referendum would be held within

1 year of that determination.

(c) If the Secretary determines, based on the results of the

Request for Referendum, that the requirements in paragraph (b) of this

section were not met, a referendum would not be conducted.

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

Department would use the latest official numbers of U.S. soybean farms

as reported by the Department's National Agricultural Statistics

Service as the total number of producers.

Sec. 1220.31 Supervision of the process for requesting a referendum.

The Administrator, AMS shall be responsible for supervising the

process of permitting producers to request a referendum in accordance

with this subpart.

[[Page 47203]]

Sec. 1220.32 Eligibility.

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

representative period is provided the opportunity to request a

referendum. Each producer entity is entitled to only one request.

(b) Proxy registration. Proxy registration is not authorized except

that 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

request a referendum on behalf of that entity. Any individual who

requests a referendum on behalf of any producer entity, shall certify

that he/she is authorized by such entity to take such action.

(c) 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 shall be entitled to make

only one request for a referendum; provided, however, that any

individual member of a group who is an eligible producer separate from

the group may request a referendum separately.

Sec. 1220.33 Time and place for requesting a referendum.

The opportunity to request a referendum shall be provided during a

four (4) week period beginning and ending on a date determined by the

Secretary. Eligible persons shall have the opportunity to request a

referendum by following the procedures in Sec. 1220.36 during the

normal business hours of each county FSA office.

Sec. 1220.34 Facilities

Each county FSA office shall provide adequate facilities and space

to permit producers to complete Form LS-51-1.

Sec. 1220.35 Certification and request form.

Form LS-51-1 shall be used to request a referendum and certify

producer eligibility. The form does not require a ``yes'' or ``no.''

Individual producers and representatives of other producer entities

should read the form carefully. By completing and signing the form, the

individual simultaneously registers, certifies eligibility and requests

that a referendum be conducted.

Sec. 1220.36 Certification and request procedure.

(a) To request that a referendum be conducted, each eligible

producer shall, during the Request for Referendum period, be provided

the opportunity to request a referendum during a specified period

announced by the Secretary, at the county FSA office where FSA

maintains and processes the producer's administrative farm records. For

the producer not participating in FSA programs, the opportunity to

request a referendum would be provided at the county FSA office serving

the county where the producer owns or rents land. Each eligible

producer shall be required to complete Form LS-51-1 in its entirety and

sign it. The producer must legibly print his/her name and, if

applicable, the producer entity represented, address, county, and

telephone number. The producer must read the certification statement on

Form LS-51-1 and sign it certifying that he/she or the producer entity

represented was a producer of soybeans during the representative period

and is requesting a referendum. Only a completed and signed Form LS-51-

1 shall be considered a valid request for a referendum.

(b) To request a referendum eligible producers may obtain Form LS-

51-1 in person; by mail; by telephone; or by facsimile during the

Request for Referendum period from the county FSA office where FSA

maintains and processes the producer's administrative farm records. For

the producer not participating in FSA programs, the opportunity to

request a referendum would be provided at the county FSA office serving

the county where the producer owns or rents land. Producers or producer

entities may return Form LS-51-1 in person, by mail or facsimile.

Form's LS-51-1 returned in person or by facsimile, must be received in

the appropriate county FSA office no later than the last business day

of the Request for Referendum period to be considered a valid request.

However, Form's LS-51-1 mailed to the county FSA office must be

postmarked no later than the last business day of the Request for

Referendum period and be received in the county FSA office no later

than ten business days after the last business day of the Request for

Referendum period to be considered a valid request for a referendum.

(c) Eligible participants who obtain form LS-51-1 in person at the

appropriate county office may complete, and return by hand the form the

same day.

Sec. 1220.37 List of producers requesting a referendum.

(a) The county FSA personnel shall enter on the ``List of Soybean

Producers Requesting a Referendum'' form (Form LS-51-2), the following

information for each returned Form LS-51-1: name of individual soybean

producer or other producer entity; name of producer entity

representative; postmarked date of a mailed Form LS-51-1 and the date

it was received in the county FSA office where FSA maintains and

processes the producer's administrative farm records or at the county

FSA office serving the county where the producer owns or rents land;

and the date Form LS-51-1 was received by facsimile or in person in the

county FSA office where FSA maintains and processes the producer's

administrative farm records or at the county FSA office serving the

county where the producer owns or rents land. For any challenges of a

producer's or producer entities' eligibility, the county FSA personnel

would make a ``check mark'' in the space provided on Form LS-51-2

indicating a producer's or producer entities' eligibility has been

challenged. After the challenge is resolved ``eligible'' or

``ineligible'' would be entered in the space provided on Form LS-51-2.

(b) County FSA offices shall, at all times, maintain control of the

master (original) copy of Forms LS-51-1 and LS-51-2. A copy of each

Form LS-51-2 shall be posted and made available for public inspection

each day beginning on the first business day of the Request for

Referendum period through the 11th business day following the last

business day of the Request for Referendum period. Form LS-51-2 shall

be posted in the county FSA office during normal business office hours

in a conspicuous location.

Sec. 1220.38 Challenge of eligibility.

(a) Who may challenge. Any person may challenge a producer's or

producer entity's eligibility to request a referendum. Each challenge

must be in writing; include the full name of the individual or other

producer entity being challenged; be made on a separate piece of paper;

and be signed by the challenger. The Secretary may issue other

guidelines as the Secretary deems necessary.

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

request a referendum may be made on any business day during the 4-week

Request for Referendum period through the 11th business day after the

Request for Referendum period.

(c) Challenged names. Producers whose eligibility is challenged

shall be so noted with a ``checkmark'' in the space provided on Form

LS-51-2.

(d) Determination of challenges. The FSA County Committee (COC) or

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

[[Page 47204]]

determination concerning the challenge and shall notify challenged

producers as soon as practicable, but no later than the 14th business

day after the end of the request for referendum period. If the COC or

designee is unable to determine whether a person was a producer during

the representative period, the COC or designee may require the person

challenged to submit records such as sales documents or similar

documents to verify producer status during the representative period.

(e) Appeal. A person declared to be ineligible by the COC or

designee, acting on behalf of the Administrator, AMS, may file an

appeal at the county FSA office within three business days after

notification by the county FSA office of its decision. Such person may

be required to provide documentation such as sales documents or similar

documents in order to demonstrate eligibility. An appeal shall be

determined by the COC or designee as soon as practicable, but in all

cases not later than the 18th business day after the last day of the

Request for Referendum period. The determination of the COC or designee

on an appeal shall be final.

(f) Resolved challenges. A challenge shall be determined to have

been resolved if the determination of the COC or designee, acting on

behalf of the Administrator, AMS, is not appealed within the time

allowed for appeal or there has been a determination by the COC or

designee after an appeal. After the challenge has been resolved, the

county FSA office shall write either ``eligible'' or ``ineligible'' in

the space provided on Form LS-51-2.

Sec. 1220.39 Canvassing.

Canvassing of Forms LS-51-1 and LS-51-2 shall take place as soon as

possible after the opening of county FSA offices on the 19th business

day following the Request for Referendum period. Such canvassing shall

be under the supervision of the CED or designee, acting on behalf of

the Administrator, AMS, who shall make a determination as to the number

of valid or invalid requests for a referendum.

(a) Invalid requests for a referendum. An invalid request for a

referendum may include the following:

(1) Form LS-51-1 is not signed and/or all required information has

not been provided;

(2) Form LS-51-1 returned in person or by facsimile was not

received by the last business day of the Request for Referendum period;

(3) Form LS-51-1 returned by mail was not postmarked by the last

business day of the Request for Referendum period;

(4) Form LS-51-1 returned by mail was not received in the county

FSA office by the 10th business day after the Request for Referendum

period;

(5) Form LS-51-1 is mutilated or marked in such a way that any

required information on the form is illegible; and/or

(6) From LS-51-1 not returned to the appropriate county FSA office.

(b) Any Form LS-51-1 determined invalid shall not be considered as

a request for a referendum.

Sec. 1220.40 Counting requests.

The requests for a referendum shall be counted by the COC or

designee on the 19th business day after the last business day of the

Request for Referendum period. Requests for a referendum shall be

counted as follows:

(a) Total number of producers registering to request a referendum;

(b) Number of eligible producers requesting a referendum;

(c) Number of challenged producers deemed ineligible;

(d) Number of challenged producers; and

(e) Number of invalid requests for a referendum.

Sec. 1220.41 Public review.

The public may witness the counting from an area designated by the

CED or designee, acting on behalf of the Administrator, AMS, but may

not interfere with the process.

Sec. 1220.42 FSA county office report.

The county FSA office report shall be certified as accurate and

complete by the CED or designee, acting on behalf of the Administrator,

AMS. Such report shall include, the information listed in Sec. 1220.39

and Sec. 1220.40. The county FSA office shall notify the FSA State

office of the results of the Request for Referendum on a form provided

by the Administrator, FSA. Each county FSA office shall transmit the

results in its county to the FSA State office. The results in each

county may be made available to the public upon notification by the

Administrator, FSA, that the final results have been released by the

Secretary. A copy of the report shall be posted for 30 days following

the date of notification by the Administrator, FSA, in the county FSA

office in a conspicuous place accessible to the public. One copy shall

be kept on file in the county FSA office for a period of at least 12

months after notification by FSA that the final results have been

released by the Secretary.

Sec. 1220.43 FSA State office report.

Each FSA State office shall transmit to the Administrator, FSA, a

report summarizing the data contained in each of the reports from the

county FSA office on a State report form provided by the Administrator,

FSA. The State FSA office shall maintain one copy of the summary where

it shall be available for public inspection upon request for a period

of not less that 12 months after the results have been released.

Sec. 1220.44 Reporting results.

(a) The Administrator, FSA, shall submit to the Administrator, AMS,

the reports from all State FSA offices. The Administrator, AMS, shall

tabulate the results of the Request for Referendum. The Department will

issue an official press release announcing the results of the Request

for Referendum and publish the same results in the Federal Register.

Subsequently, State reports and related papers shall be available for

public inspection upon request during normal business hours in the

Marketing Programs Branch office, Livestock and Seed Program, AMS,

USDA, Room 2606 South Agriculture Building, 14th and Independence

Avenue, SW., Washington, DC.

(b) If the Secretary deems necessary, a State report or county

report shall be reexamined and checked by such persons who may be

designated by the Secretary.

Sec. 1220.45 Disposition of records.

Forms LS-51-1 and LS-51-2 and county reports shall be placed in

sealed containers under the supervision of the CED or designee, acting

on behalf of the Administrator, AMS, and such container shall be marked

with ``Request for Soybean Referendum.'' Such records shall remain in

the secured custody of the CED or designee for a period of not less

than 12 months after the date of notification by the Administrator,

FSA, that the final results have been announced by the Secretary. If

the county FSA office receives no notice to the contrary from the

Administrator, FSA, by the end of the 12 month period, the CED or

designee shall destroy the records.

Sec. 1220.46 Instructions and forms.

The Administrator, AMS is hereby authorized to prescribe additional

instructions and forms not inconsistent with the provisions of this

subpart.

Dated: September 1, 1998.

Barrry L. Carpenter,

Deputy Administrator, Livestock and Seed Program.

[FR Doc. 98-23904 Filed 9-3-98; 8:45 am]

BILLING CODE 3410-02-P