30924 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

Unit

Number

of

members

Western Region (Montana, Wyoming, Colorado, New Mexico,

Idaho, Utah, Arizona, Washington, Oregon, Nevada, California, Hawaii, and Alaska) ....... 1

* * * * *

Dated: May 9, 2000.

Barry L. Carpenter,

Deputy Administrator, Livestock and Seed

Program.

[FR Doc. 00–12154 Filed 5–12–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1240

[FV–00–702 PR]

Honey Research, Promotion, and

Consumer Information Order;

Procedure for the Conduct of

Referenda in Connection With the

Honey Research, Promotion, and

Consumer Information Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule with request for

comments.

SUMMARY: The purpose of this proposed

rule is to amend the procedures which

the U.S. Department of Agriculture

(USDA or the Department) would use in

conducting a referendum to determine

whether honey producers, producerpackers, importers, and handlers subject

to the Honey Research, Promotion, and

Consumer Information Act (Act) favor

implementation of changes to the Honey

Research, Promotion, and Consumer

Information Order (Order) based on the

1998 amendments to the Act. These

procedures, as amended, would also be

used in any subsequent referenda under

the Act.

DATES: Comments must be received by

June 14, 2000.

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,

Agricultural Marketing Service, 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:

Karen T. Comfort, Research and

Promotion Branch, Fruit and Vegetable

Programs, AMS, USDA, Stop 0244, 1400

Independence Avenue, SW, Room 2535

South Building, Washington, DC 20250–

0244; telephone (202) 720–9915;

facsimile (202) 205–2800.

SUPPLEMENTARY INFORMATION: The

Honey Research, Promotion, and

Consumer Information Act (Act) (Pub. L.

98–590; enacted October 30, 1984; 7

U.S.C. 4601-4613, as amended) was

amended by Congress on June 23, 1998.

The amendments to the Act were made

by the Agricultural Research, Extension,

and Education Reform Act of 1998 (Pub.

L. 105–185, enacted June 23, 1998).

A proposed rule on amending the

Honey Research, Promotion, and

Consumer Information Order (Order) (7

CFR Part 1240) in conformance with the

1998 amendments to the Act was

published in the Federal Register on

February 28, 2000 (65 FR 10600). Before

the amendments to the Order can be

implemented, a referendum must be

conducted among producers, producerpackers, importers, and handlers as

provided in section 4613(d) of the Act.

Question and Answer Overview

Why Are Rules Being Proposed for a

Referendum on the Amendments to the

Honey Research, Promotion, and

Consumer Information Order?

On June 23, 1998, the Act was

amended by the Agricultural Research,

Extension, and Education Reform Act of

1998 (Pub. L. 105–185, enacted June 23,

1998). The amendments to the Act

authorize amendments to the Order.

Before the Order can be amended,

producers, producer-packers, handlers,

and importers must be allowed to vote

in a national referendum on whether

they wish the amendments to become

effective. This proposed rule would

amend existing referendum procedures

to allow handlers to vote in the

referendum and make other changes

related to the amendments to the Act.

Under the current referendum

procedures, only producers, producerpackers in their capacity as producers,

and importers are eligible to vote.

Publishing this proposed rule provides

the opportunity for public input on the

revised procedures before they are

implemented.

How Long Do I Have To Comment on

the Proposed Rule?

You have 30 days to comment on this

proposed rule. Your written comments

must be received by June 14, 2000. You

can mail, fax, or e-mail your comments.

Additionally, you have 60 days to

provide written comments to OMB on

the paperwork burden associated with

this proposal. Those comments must be

received by July 14, 2000.

Who Is Eligible To Vote in the

Referendum?

Most honey producers, producerpackers, importers, and handlers who

produced, handled, or imported honey

or honey products during calendar years

1998 and 1999 would be eligible to vote

in the referendum. However, certain

producers, producer-packers, handlers,

and importers would not be eligible to

vote. If you produced, produced and

handled, or imported less than 6,000

pounds of honey or honey products per

year and you distributed that honey

directly through local retail outlets such

as roadside stands, farmers markets, or

groceries, you would be ineligible to

vote in the referendum unless you

voluntarily paid assessments.

How Will the Vote in the Referendum Be

Tabulated?

In order for the amendments to

become effective, they must be

approved by a majority of the voters in

the referendum and those voters must

represent 50 percent or more of the

honey produced, handled, and imported

by the voters in the referendum.

If I Am a Producer, How Will My Vote

Be Counted?

If you are a producer, you will be

entitled to one vote which includes the

number of pounds of honey you

produced in 1998 and 1999.

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30925

If I Am a Producer-Packer, How Will My

Vote Be Counted?

One of the proposed amendments to

the Order would implement a new

assessments on handlers. Therefore, as a

producer-packer, you would be entitled

to one vote as a producer and one vote

as a handler. Each vote would include

the number of pounds of honey you

produced or handled during 1998 and

1999.

If I Am a Handler, How Will My Vote

Be Counted?

Since handlers were not covered

under the program during 1998 and

1999, you would be entitled to one vote

as a handler based on the number of

pounds of honey you handled during

1998 and 1999, even though you did not

pay assessments during 1998 and 1999.

If I Am an Importer, How Will My Vote

Be Counted?

Under the proposed amendments, half

of an importer’s assessment would be

considered the producer portion of the

assessment and half of an importer’s

assessment would be considered the

handler portion of the assessment.

Therefore, importers would be entitled

to cast two ballots, one for the handler

portion of the assessment and one for

the producer portion of the assessment.

Each ballot would include the number

of pounds of honey or honey products

you imported during 1998 and 1999.

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

Order, we will issue final referendum

rules and a second proposed rule on

amendments to the Order. The second

proposed rule on amendments to the

Order 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, producerpackers, importers, and handlers will

receive a ballot and voting instructions

in the mail from USDA. Producers,

producer-packers, importers, and

handlers 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 records from the

National Honey Board on persons who

have paid assessments or requested an

exemption from assessments.

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 and the Regulatory

Flexibility Act.

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866 and

therefore has not been reviewed by the

Office of Management and Budget

(OMB).

This proposed rule has been reviewed

under Executive Order 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 10 of the Act, a person

subject to the Order may file, within a

period prescribed by the Secretary of

Agriculture (Secretary), a written

petition with the Secretary stating that

the Order, or any provision of the Order,

or any obligation imposed in connection

with the Order, is not established in

accordance with the law, and request a

modification of the Order or an

exemption from the Order. Any petition

filed challenging the Order, any

provision of the Order, or any obligation

imposed in connection with the Order,

shall be filed not later than two years

after: (1) The effective date of the Order,

provision, or obligation challenged in

the petition; or (2) the date on which the

petitioner became subject to the Order,

provision, or obligation challenged in

the petition. The petitioner will have

the opportunity for a hearing on the

petition. Thereafter, the Secretary will

issue a ruling on a petition, which will

be final if the petition is in accordance

with the law.

The Act provides that the district

court of the United States for any

district in which the petitioner resides

or conducts business shall have

jurisdiction to review a final ruling on

the petition, if the petitioner files a

complaint for that purpose not later

than 20 days after the date of the entry

of the Secretary’s final ruling.

In accordance with the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.), the Agency 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.

There are approximately 3,285

producers, 400 producer-packers, and

348 importers who pay assessments

under the Order. In addition, there are

121 handlers who would be subject to

assessments if the amendments to the

Order are implemented. Small

agricultural service firms are defined by

the Small Business Administration (13

CFR 121.201) as those having annual

receipts of less than $5 million and

small agricultural producers are defined

as those having annual receipts of not

more than $500,000. The majority of

honey producers, producer-packers,

importers, and handlers may be

classified as small entities.

This proposed rule would amend the

procedures for the conduct of referenda

(7 CFR 1240.200–1240.207) under the

Order in accordance with 1998 changes

to sections 4611 and 4613 of the Act.

The procedures, as amended, would be

used in conducting a referendum among

producers, producer-packers, importers,

and handlers to determine whether they

favor implementation of the proposed

amendments to the Order which are

subject to prior approval in a

referendum. The authority to conduct

this referendum is provided in section

4613 of the Act, as amended. Other

amendments to the Order based on the

1998 changes to the Act are not subject

to referendum approval and will

become part of the Order regardless of

the outcome of the referendum. The

procedures contained in this proposal

would also be used for any subsequent

referenda involving the continuation,

suspension, termination, or amendment

of the Order.

Section 4611(b) of the Act provides

that those changes to the Order subject

to a referendum vote must be approved

by a majority of eligible voters who vote.

The majority voting in the affirmative

must also represent a majority of the

quantity of honey and honey products

produced, imported, and handled

among all those voting. Section

4613(d)(1)(B) also directs that no

individual provision of the proposed

amendments to the Order shall be

subject to a separate vote in the

referendum.

Under section 4613(d)(2) of the Act,

producers, producer-packers, importers,

and handlers owing assessments on

honey produced, or honey or honey

30926 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

products imported or handled during

the 2-calendar-year period preceding the

referendum, which period shall be

considered to be the representative

period, would be eligible to vote.

Although currently not subject to

assessment, those persons who handled

honey or honey products during the

representative period would also be able

to participate in the referendum since

one of the proposed changes would

assess handlers for the first time.

Section 4613(d)(3)(A) of the Act directs

that producer-packers, importers, and

handlers will be allowed to vote as if the

proposed amendments to the Order had

been in place during the representative

period, and they would have owed

assessments as provided by the

proposed amendments to the Order.

Each producer and producer-packer

owing assessments as producers on

honey produced during the

representative period will be entitled to

cast one ballot in the referendum as a

producer. Each importer will be entitled

to cast two ballots, one ballot for the

producer portion of the importer

assessment and one ballot for the

handler portion of the importer

assessment. Each handler will also be

entitled to cast one ballot in the

referendum if the handler would have

been subject to assessment on honey or

honey products handled during the

representative period had the proposed

amendments to the Order been in effect.

Each producer-packer will be entitled to

cast an additional ballot as a handler if

they handled honey or honey products

during the representative period and

would have owed assessments as

provided by the proposed amendments

to the Order.

The amount of honey linked to a

person’s vote as an eligible producer

shall be the quantity of honey produced

during the representative period. The

quantity of honey or honey products

attributable to a person’s vote as an

importer shall be the amount of honey

or honey products imported during the

representative period. The quantity of

honey attributable to a person’s vote as

a handler shall be the amount of honey

or honey products handled during the

representative period.

USDA will keep the honey 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, producerpackers, 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 they

wish to have the Order amended.

The information collection

requirements contained in this proposed

rule (as described below) are designed

to minimize the burden on producers,

producer-packers, importers, and

handlers voting in referenda.

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

would be more cost-effective and

reliable. The Department would 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.

USDA’s Agricultural Marketing

Service 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 and kind of

small entities that may incur benefits or

costs from implementation of this

proposed rule and information on the

expected benefits and costs.

Paperwork Reduction Act

In accordance with the Office of

Management and Budget (OMB)

regulation (5 CFR part 1320) which

implements the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35), the

referendum ballot represents the

information collection and

recordkeeping requirements that may be

imposed by this rule.

Approximately 3,285 producers and

400 producer-packers would be eligible

to vote as producers, and 348 importers

of record would be eligible to vote as

importers. In addition, approximately

121 handlers, 400 producer-packers,

and 20 importers of record who would

be eligible to vote as handlers.

The basic referendum ballot has been

previously approved by OMB. However,

the ballot would be modified slightly to

allow handlers to vote for the first time.

The revised referendum ballot, which

represents the information collection

and recordkeeping requirements that

may be imposed by this rule, has been

submitted to OMB for approval.

The information collection burden

associated with producers, producerpackers, and importers is already

reflected in the information collection

approved for use under OMB Number

0581–0093.

This proposed rule would add a new

burden involving those eligible to vote

as handlers. The following persons will

be eligible to vote as handlers in the

referendum: (1) Persons who handle

honey or honey products without

producing or importing honey or honey

products that would have owed

assessments as provided by the

proposed amendments to the Order; (2)

persons who both produce and handle

honey or honey products (i.e., producerpackers) that would have owed

assessments as provided by the

proposed amendments to the Order; and

(3) persons who handle honey or honey

products and also are importers of

record (i.e., handler-importers) that

would have owed assessments as

provided by the proposed amendments

to the Order. If the proposed

amendments to the Order are approved,

handlers will also be able to vote in

subsequent referenda.

Title: National Research, Promotion,

and Consumer Information Programs.

OMB Number: 0581–0093.

Expiration Date of Approval:

November 30, 2000.

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 increase in burden associated

with the ballot is as follows:

Estimate of Burden: Public reporting

burden for this collection of information

is estimated to average 0.25 hours per

response.

Respondents: Handlers, producerpackers, and importers voting as eligible

handlers.

Estimated Number of Respondents:

550.

Estimated Number of Responses per

Respondent: 1 every 5 years (0.2).

Estimated Total Annual Burden on

Respondents: 28 hours (328 hours

(requested)—300 hours (currently

approved) = 28 hours (increase)).

The estimated additional annual cost

of providing the information by 550

persons eligible to vote as handlers

(based on approximately 121 handlers,

400 producer-packers, and 20 importers

who are also handlers) would be

$275.00 or $0.50 per voter. The increase

of 28 total burden hours would be

added to the previous burden total of

300 hours under OMB No. 0581–0093.

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30927

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; 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

On June 23, 1998, the Act was

amended by the Agricultural Research,

Extension, and Education Reform Act of

1998 (Pub. L. 105–185, enacted June 23,

1998). The 1998 amendments to section

4613 of the Act authorize the Secretary

to make conforming changes to the

Order after conducting a referendum

among producers, producer-packers,

handlers, and importers.

The following amendments to the

Order must be approved by the voters in

a referendum before becoming effective:

(1) A requirement for the Board to

reserve 8 percent of its funds annually

for beekeeping and production research;

(2) authority for the Board to develop

recommendations for purity standards

and an inspection and monitoring

system in order to enhance the image of

honey and honey products; (3) the

addition of two handler members who

are also importers to the Board; (4) a

decrease in the producer assessment

from 1 cent per pound to 0.75 cents per

pound; (5) the addition of an assessment

of 0.75 cents per pound on handlers;

and (6) an increase in the assessment

rate on imports from 1 cent per pound

to 1.5 cents per pound.

Other proposed amendments to the

Order are not subject to voter approval

in a referendum and would be added to

the Order regardless of the outcome of

the referendum. These amendments

include: (1) Changing the two importer/

exporter positions to two importer

positions on the Board; (2) eliminating

the public member position; (3) revising

nomination and eligibility requirements;

(4) requiring that at least 50 percent of

the Board members be honey producers;

(5) providing authority for the Board to

develop a voluntary quality assurance

program with enforcement by USDA; (6)

eliminating the requirement to file for

an exemption under the program; and

(7) removing obsolete language.

If the proposed amendments to the

Order regarding assessments on

handlers are approved, handlers would

vote in subsequent referenda. If the

proposed amendments to the Order

regarding assessments on handlers are

not approved in the referendum,

handlers would not vote in future

referenda.

Following the 1998 amendments to

the Act, USDA issued a news release on

July 31, 1998, inviting persons to submit

proposals for implementing the

amendments by September 30, 1998.

Subsequently, on September 21, 1998,

USDA extended the deadline to

December 31, 1998, to provide the

various segments of the honey industry

ample opportunity to develop

proposals. One proposal and eight

comments were received. A complete

proposal was submitted by the Board.

The proposed changes to referenda

procedures would provide handlers, if

subject to assessment under an order,

the opportunity to vote in a referendum

along with eligible producers, producerpackers, and importers. In addition,

producers-packers would be entitled to

cast an additional ballot as handlers if

they handled honey or honey products

during the representative period and

would have owed assessments as

provided by the proposed amendments

to the Order. Importers would cast two

ballots, one ballot for the producer

portion of the importer assessment and

one ballot for the handler portion of the

importer assessment. Under the current

referenda procedures, only producers,

producer-packers in their capacity as

producers, and importers are eligible to

vote.

The amended referendum procedures

in this proposed rule would replace

Subpart—Procedure for the Conduct of

Referenda in Connection With the

Honey Research, Promotion, and

Consumer Information Order (7 CFR

1240.200–1240.207). The revised

subpart, to be redesignated as subpart C,

would include sections covering

definitions, voting, instructions,

subagents, ballots, referendum report,

and confidential information. While the

definitions for producer, producerpacker, and handler in the existing

Order would not change as a result of

the February 28, 2000, proposed rule on

the Order, the definition of importer

would change. Therefore, the same

proposed definition of importer would

be added to these regulations.

In addition, this rule would

redesignate Subpart—General Rules and

Regulations (7 CFR 1240.100–1240.125)

as subpart B.

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, as amended.

The proposed amendments to the

Order, which have been published

separately and which would be the

subject of the referendum conducted

under these proposed procedures, have

not received the approval of the

Secretary.

List of Subjects in 7 CFR Part 1240

Administrative practice and

procedure, Advertising, Consumer

information, Marketing agreements,

Honey promotion, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, it is proposed that part 1240

of Title 7, Chapter XI of the Code of

Federal Regulations, be amended as

follows:

PART 1240—HONEY RESEARCH,

PROMOTION, AND CONSUMER

INFORMATION

1. Revise the authority citation for 7

CFR part 1240 to read as follows:

Authority: 7 U.S.C. 4601–4613 and 7

U.S.C. 7401.

2. In part 1240, the heading for

subpart B is revised to read ‘‘Subpart

B—Rules and Regulations’’.

3. Revise subpart C to read as follows:

30928 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules

Subpart C—Procedure for the Conduct of

Referenda in Connection With the Honey

Research, Promotion, and Consumer

Information Order

Sec.

1240.200 General.

1240.201 Definitions.

1240.202 Voting.

1240.203 Instructions.

1240.204 Subagents.

1240.205 Ballots.

1240.206 Referendum report.

1240.207 Confidential information.

Subpart C—Procedure for the Conduct

of Referenda in Connection With the

Honey Research, Promotion, and

Consumer Information Order

§ 1240.200 General.

Referenda to determine whether

eligible producers, importers, and, in

the case of an order assessing handlers,

handlers favor the continuation,

suspension, termination, or amendment

of the Honey Research, Promotion, and

Consumer Information Order shall be

conducted in accordance with this

subpart.

§ 1240.201 Definitions.

(a) Act means the Honey Research,

Promotion, and Consumer Information

Act (Pub. L. 98–590; 98 Stat. 3115;

enacted October 30, 1984; 7 U.S.C.

4601–4613, as amended) and any

amendments thereto.

(b) 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.

(c) Board or National Honey Board

means the Honey Board, the

administrative body provided for under

section 7(c) of the Act and established

under § 1240.30.

(d) Department means the United

States Department of Agriculture.

(e) Eligible handler means any person

defined as a handler or producer-packer

in this part, or importer in this subpart,

who handles honey or honey products,

and is covered by an order and subject

to assessment on honey handled during

the representative period.

(f) Eligible importer means any person

defined as an importer in this subpart,

who is engaged in the importation of

honey or honey products, and is subject

to pay assessments to the Board on

honey or honey products imported

during the representative period.

(g) Eligible producer means any

person defined as a producer or

producer-packer in the Order who

produces honey and is subject to pay

assessments to the Board on such honey

produced during the representative

period and who:

(1) Owns or shares in the ownership

of honey bee colonies or beekeeping

equipment resulting in the ownership of

the honey produced;

(2) Rents honey bee colonies or

beekeeping equipment resulting in the

ownership of all or a portion of the

honey produced;

(3) Owns honey bee colonies or

beekeeping equipment but does not

manage them and, as compensation,

obtains the ownership of a portion of

the honey produced; or

(4) Is a party in a lessor-lessee

relationship or a divided ownership

arrangement involving totally

independent entities cooperating only to

produce honey who share the risk of

loss and receive a share of the honey

produced. No other acquisition of legal

title to honey shall be deemed to result

in persons becoming eligible producers.

(h) Importer means any person who

imports honey or honey products into

the United States as principal or as an

agent, broker, or consignee for any

person who produces honey or honey

products outside of the United States for

sale in the United States, and who is

listed as the importer of record for such

honey or honey products.

(i) Order means the Honey Research,

Promotion, and Consumer Information

Order.

(j) 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, honey bee

colonies or beekeeping equipment 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 honey or

honey products for market and the

authority to transfer title to the honey or

honey products so produced, handled or

imported.

(k) Referendum agent or agent means

the individual or individuals designated

by the Secretary to conduct the

referendum.

(l) Representative period means the

period designated by the Secretary

pursuant to the Act.

(m) Secretary means the Secretary of

Agriculture of the United States, or any

officer or employee of the Department to

whom authority has heretofore been

delegated, or to whom authority may

hereafter be delegated, to act in the

Secretary’s stead.

§ 1240.202 Voting.

(a) Eligibility. (1) Each person who is,

as defined in this subpart, an eligible

producer; an eligible importer; or, in the

case of an order assessing handlers, an

eligible handler shall be entitled to vote

in the referendum.

(2) In conducting a referendum for the

sole purpose of determining whether

persons favor the implementation of

amendments to the Order in accordance

with changes to the Act made by the

Agricultural Research, Extension, and

Education Reform Act of 1998 (Pub. L.

105–185, enacted June 23, 1998),

producer-packers, importers, and

handlers shall be allowed to vote as if:

(i) The proposed amendments to the

Order were in place during the

representative period; and

(ii) They were subject to assessment

based on the quantity of honey or honey

products handled during the

representative period.

(b) Number of ballots cast. (1) Each

person who is an eligible producer, as

defined in this subpart, at the time of

the referendum and during the

representative period, shall be entitled

to cast one ballot 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 honey and/

or honey products, in which more than

one of the parties is a producer, shall be

entitled to cast one ballot covering only

such producer’s share of the ownership.

(2) In the case of an order assessing

handlers, each person who is an eligible

handler, as defined in this subpart, at

the time of the referendum and during

the representative period, shall be

entitled to cast one ballot in the

referendum.

(3) Each person who is a producerpacker, as defined in the Order, at the

time of the referendum and during the

representative period, shall be entitled

to cast one ballot as an eligible producer

and, in the case of an order assessing

handlers, one ballot as an eligible

handler.

(4) Each importer, as defined in the

Order, at the time of the referendum and

during the representative period, shall

be entitled to cast in the referendum one

Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30929

ballot as an importer and, in the case of

an order assessing handlers, one ballot

as an eligible handler.

(c) Proxy voting. Proxy voting is not

authorized, but an officer or employee

of an eligible corporate producer;

importer; and, in the case of an order

assessing handlers, handler; or an

administrator, executor, or trustee of an

eligible entity may cast a ballot on

behalf of such entity. Any individual so

voting in a referendum shall certify that

they are an officer or employee of the

eligible entity, or an administrator,

executor, or trustee of an eligible entity

and that such individual has the

authority to take such action. Upon

request of the referendum agent, the

individual shall submit adequate

evidence of such authority.

(d) Casting of ballots. All ballots are

to be cast by mail as instructed by the

Secretary.

§ 1240.203 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:

(1) Whether the person voting, or on

whose behalf the vote is cast, is an

eligible voter; and

(2) The quantity of honey or honey

products produced; imported; and, in

the case of an order assessing handlers,

handled.

(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.

(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.

§ 1240.204 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.

§ 1240.205 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.

§ 1240.206 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.

§ 1240.207 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 honey or honey

products shall be held strictly

confidential and shall not be disclosed.

Dated: May 9, 2000.

Eric M. Forman,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–12152 Filed 5–12–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 431

[Docket No. EE–RM/STD–00–100]

RIN 1904–AB06

Energy Efficiency Program for

Commercial and Industrial Equipment:

Efficiency Standards for Commercial

Heating, Air Conditioning and Water

Heating Equipment

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Notice of document availability

and public workshop.

SUMMARY: The Energy Policy and

Conservation Act, as amended,

establishes energy efficiency standards

for certain commercial heating, air

conditioning and water heating

equipment and requires the Department

(DOE, Department or we) to administer

an energy conservation program for

these products. On October 29, 1999,

the American Society of Heating,

Refrigerating and Air-Conditioning

Engineers, Inc. (ASHRAE) and

Illuminating Engineering Society of

North America (IES) revised ASHRAE/

IES Standard 90.1, which contains

efficiency standards for these products.

This notice announces availability of

the report of the Screening Analysis the

Department has undertaken to assess

what action it should take with respect

to the efficiency levels now contained in

ASHRAE/IES Standard 90.1. The

Department invites comments and is

convening a public workshop on its

preliminary conclusions, on the

analysis, and on any additional

considerations that might affect the

Department’s decisions on which

standards to adopt or reject without

further analysis, and which to consider

further.

DATES: The Department must receive

written comments on or before July 31,

2000. The Department requests ten (10)

copies of the written comments and, if

possible, an electronic copy (31⁄2’’

diskette) in a form accessible to

WordPerfectTM 8. Oral views, data and

arguments may be presented at the

public workshop to be held in

Washington, DC, beginning at 9:30 a.m.

on July 11, 2000.

The Department must receive (1)

requests to speak at the workshop no

later than 4:00 p.m., June 23, 2000, and

(2) copies of statements to be given at

the public workshop no later than 4:00