Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Proposed Rules 68529 

Secretary or of any other persons, with 

respect to any such violation. 

§ 1214.85 Personal liability. 

No member or employee of the Board 

shall be held personally responsible, 

either individually or jointly with 

others, in any way whatsoever, to any 

person for errors in judgment, mistakes, 

or other acts, either of commission or 

omission, as such member or employee, 

except for acts of dishonesty or willful 

misconduct. 

§ 1214.86 Separability. 

If any provision of this subpart is 

declared invalid or the applicability 

thereof to any person or circumstances 

is held invalid, the validity of the 

remainder of this subpart or the 

applicability thereof to other persons or 

circumstances shall not be affected 

thereby. 

§ 1214.87 Amendments. 

Amendments to this subpart may be 

proposed from time to time by the Board 

or by any interested person affected by 

the provisions of the Act, including the 

Secretary. 

§ 1214.88 OMB control numbers. 

The control number assigned to the 

information collection requirements by 

the Office of Management and Budget 

pursuant to the Paperwork Reduction 

Act of 1995, 44 U.S.C. chapter 35, is 

OMB control number 0505–0001, and 

OMB control number 0581–NEW. 

Subpart B—[Reserved] 

Dated: November 2,2010. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2010–28038 Filed 11–5–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1214 

[Document No. AMS–FV–10–0008–PR] 

RIN 0581–AD00 

Proposed Christmas Tree Promotion, 

Research, and Information Order; 

Referendum Procedures 

AGENCY: Agricultural Marketing Service, 

Agriculture, USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule invites 

comments on procedures for conducting 

a referendum to determine whether the 

issuance or continuation of the 

proposed Christmas Promotion, 

Research, and Information Order 

(Proposed Order) is favored by domestic 

producers and importers of Christmas 

trees. This proposed program would be 

implemented under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act). The 1996 Act 

allows for a referendum to be conducted 

determining if domestic producers and 

importers favor the proposed order and 

also providing that a referendum be 

conducted up to three years after the 

effective date of the Proposed Order. 

The program would be implemented or 

continued if approved by a simple 

majority of the eligible domestic 

producers and importers voting in the 

referendum. These procedures would 

also be used for any subsequent 

referendum under the Proposed Order, 

if it is approved in the initial 

referendum. The Proposed Order is 

being published separately in this issue 

of the Federal Register. This proposed 

rule also announces the Agricultural 

Marketing Service’s (AMS) intent to 

request approval by the Office of 

Management and Budget (OMB) of new 

information collection requirements to 

implement the program. 

DATES: Comments must be received by 

February 7, 2011. Pursuant to the 

Paperwork Reduction Act, comments on 

the information collection burden that 

would result from this proposal must be 

received by February 7, 2011. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments can be made on the Internet 

at http://www.regulations.gov or to the 

Research and Promotion Branch, Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, USDA, Stop 0244, 

Room 0634–S, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0244; Fax (202) 205–2800; Toll Free 

(888) 720–9917. Comments should 

reference the docket number, title of 

action, date, and page number of this 

issue of the Federal Register and will be 

made available for public inspection at 

the above address during regular 

business hours or at http:// 

www.regulations.gov. All comments 

submitted in response to this proposed 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting 

comments will be made public on the 

Internet at the address provided above. 

Pursuant to the Paperwork Reduction 

Act (PRA), send comments regarding the 

accuracy of the burden estimate, ways to 

minimize the burden, including 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 and to 

the Desk Office for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Room 725, Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella, Marketing 

Specialist, Research and Promotion 

Branch, FV, AMS, USDA, Stop 0244, 

Room 0634–S, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0244; telephone 202–720–9915 or (888) 

720–9917 (toll free) or e-mail: 

Patricia.Petrella@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued pursuant to the 

Commodity Promotion, Research, and 

Information Act of 1996 (1996 Act) (7 

U.S.C. 7411–7425). 

Executive Order 12866 

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). 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect. Section 524 of 

the 1996 Act provides that the Act shall 

not affect or preempt any other Federal 

or State law authorizing promotion or 

research relating to an agricultural 

commodity. 

Under Section 519 of the 1996 Act, a 

person subject to an order may file a 

petition with the Department (USDA) 

stating that an order, any provision of an 

order, or any obligation imposed in 

connection with an order, is not 

established in accordance with the law. 

In the petition, the person may request 

a modification of an order or an 

exemption from an order. Any petition 

filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, the Department will 

issue a ruling on the petition. The 1996 

Act provides that the district court of 

the United States for any district in 

which the petitioner resides or conducts 

business shall have the jurisdiction to 

review a final ruling on the petition, if 

the petitioner files a complaint for that 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
68530 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Proposed Rules 

purpose not later than 20 days after the 

date of entry of the Department’s final 

ruling. 

Domestic producers and importers 

can vote three years after the 

establishment of the program to 

determine if they favor the continuation 

of the program. This proposed rule 

invites comments on procedures for 

conducting a referendum to determine if 

domestic producers and importers favor 

the proposed order. This referendum 

would need to be approved by a simple 

majority of the eligible domestic 

producers and importers voting in the 

referendum. The proponents proposed 

that a referendum be held among 

domestic producers and importers three 

years after the first assessments begin to 

determine whether they favor 

continuation of the program. These 

procedures would also be used for any 

subsequent referendum under the 

Proposed Order. The Proposed Order is 

being published separately in this issue 

of the Federal Register. This proposed 

rule also announces the Agricultural 

Marketing Service’s (AMS) intent to 

request approval by the Office of 

Management and Budget (OMB) of new 

information collection requirements to 

implement the program. 

The 1996 Act authorizes USDA to 

establish agricultural commodity 

research and promotion orders which 

may include a combination of 

promotion, research, industry 

information, and consumer information 

activities funded by mandatory 

assessments. These programs are 

designed to maintain and expand 

markets and uses for agricultural 

commodities. 

The 1996 Act provides for alternatives 

within the terms of a variety of 

provisions. Paragraph (e) of section 518 

of the 1996 Act provides three options 

for determining industry approval of a 

new research and promotion program: 

(1) By a majority of those persons 

voting; (2) by persons voting for 

approval who represent a majority of the 

volume of the agricultural commodity; 

or (3) by a majority of those persons 

voting for approval who also represent 

a majority of the volume of the 

agricultural commodity. In addition, 

section 518 of the 1996 Act provides for 

referenda to ascertain approval of an 

order to be conducted either prior to its 

going into effect or within three years 

after assessments first begin under an 

order. 

USDA received a proposal for a 

national research and promotion 

program for Christmas trees from the 

Christmas Tree Checkoff Task Force 

(Task Force). The program would be 

financed by an assessment on Christmas 

trees—domestic producers and 

importers—and would be administered 

by a board of industry members selected 

by the Secretary of Agriculture 

(Secretary). The initial assessment rate 

would be $0.15 per Christmas tree 

domestically produced or imported into 

the United States and could be 

increased up to $0.20 per Christmas 

tree. The purpose of the program would 

be to strengthen the position of fresh cut 

Christmas trees in the marketplace and 

maintain and expand markets for 

Christmas trees within the United 

States. 

The Task Force proposed that a 

referendum be held among domestic 

producers and importers three years 

after the first assessments begin to 

determine whether they favor 

continuation of the program. The Task 

Force recommended that the program be 

implemented or continued if it is 

favored by a majority of the domestic 

producers and importers voting in the 

referendum. Domestic producers or 

importers who domestically produce or 

import more than 500 Christmas trees 

annually would be eligible to vote in the 

referendum. 

Accordingly, this proposed rule 

would add subpart B to part 1214 that 

would establish procedures for 

conducting the referendum. The 

procedures would cover definitions, 

voting instructions, use of subagents, 

ballots, the referendum report, and 

confidentiality of information. The 

procedures would be applicable for the 

initial referendum and future referenda. 

Initial Regulatory Flexibility Act 

Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS is required to examine the 

impact of the proposed rule on small 

entities. Accordingly, AMS has 

considered the economic impact of this 

action 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. The Small 

Business Administration defines, in 13 

CFR part 121, small agricultural 

producers as those having annual 

receipts of no more than $750,000 and 

small agricultural service firms 

(domestic manufacturers and importers) 

as those having annual receipts of no 

more than $7.0 million. 

Under these criteria, the majority of 

the domestic producers that would be 

covered under this Proposed Order 

would be considered small entities, 

while most importers would not. 

Domestic producers and importers who 

produced or imported less than 500 

Christmas trees annually would be 

exempt from the assessment. Organic 

domestic producers and importers are 

also expected to be exempt from 

assessments. The number of entities 

assessed under the program would be 

approximately 3,263. Estimated revenue 

is expected at $2 million of which 10 

percent is expected from imported 

product and 90 percent from domestic 

product. 

According to the Task Force, based on 

data from the 2007 Census of 

Agriculture, there were approximately 

12,255 Christmas tree farms that 

produced Christmas trees in the United 

States. Approximately 25 percent of the 

domestic producers or 3,100 Christmas 

tree domestic producers would be 

subject to the assessment based on the 

exemption of those producing less than 

500 Christmas trees would be exempt 

from assessments. Approximately 95 

percent of the domestic producers 

subject to the assessment qualified 

under the definition for small business 

owners. In 2008, there were 

approximately 175 importers. Based on 

the U.S. Customs data, 163 importers 

are subject to the assessment rate under 

the proposed Order. 

This proposed rule invites comments 

on procedures for conducting a 

referendum to determine whether 

domestic producers and importers favor 

issuance or continuation of a proposed 

Christmas tree Order. USDA would 

conduct the referendum. The 1996 Act 

allows for a referendum to be conducted 

determining if domestic producers and 

importers favor the proposed order and 

also providing that a referendum be 

conducted up to three years after the 

effective date of the Proposed Order. 

Domestic producers and importers can 

vote three years after the establishment 

of the program to determine if they favor 

the continuation of the program. The 

procedures would also be used for any 

subsequent referendum under the 

Order. The procedures are authorized 

under paragraph (e) of section 518 of the 

1996 Act. 

Regarding the economic impact of the 

Proposed Order on affected entities, 

domestic producers and importers of 

more than 500 Christmas trees annually 

would be required to pay assessments to 

the Board. As previously mentioned, the 

initial assessment rate would be $0.15 

per Christmas tree domestically 

produced or imported to the United 

States and could be increased to no 

more than $0.20 per Christmas tree. 

Voting in the referendum is optional. If 

domestic producers and importers chose 

to vote, the burden of voting would be 

offset by the benefits of having the 


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Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Proposed Rules 68531 

opportunity to vote on whether or not 

they want the program to become 

effective. 

Regarding alternatives, USDA 

considered requiring eligible voters to 

vote in person at various USDA offices 

across the country. Conducting the 

referendum from one central location by 

mail ballot would be more cost effective 

and reliable. USDA would provide easy 

access to information for potential 

voters through a toll free telephone line. 

USDA also considered electronic voting, 

but the use of computers is not 

universal. 

This action would impose an 

additional reporting burden on domestic 

producers and importers of Christmas 

trees. Eligible domestic producers and 

importers would have the opportunity 

to complete and submit a ballot to 

USDA indicating whether or not they 

favor implementation or continuation of 

the proposed Order. The specific burden 

for the ballot is detailed later in this 

document in the section titled 

Paperwork Reduction Act. As with all 

Federal promotion programs, reports 

and forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this proposed rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Regarding outreach efforts, USDA 

would keep these individuals informed 

throughout the program implementation 

and referendum process to ensure that 

they are aware of and are able to 

participate in the program 

implementation process. USDA would 

also publicize information regarding the 

referendum process so that trade 

associations and related industry media 

can be kept informed. 

USDA has performed this initial RFA 

analysis regarding the impact of this 

proposed rule on small businesses. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the referendum ballot, 

which represents the information 

collection and recordkeeping 

requirements that may be imposed by 

this proposed rule, has been submitted 

to OMB for approval. 

Title: Christmas Tree Promotion, 

Research, and Information Order. 

OMB Number: 0581–NEW. 

Expiration Date of Approval: 3 years 

from OMB date of approval. 

Type of Request: New information 

collection for research and promotion 

programs. 

Abstract: The information collection 

requirements in this request are 

essential to carry out the intent of the 

1996 Act. The information collection 

concerns a proposal received by USDA 

for a national research and promotion 

program for Christmas trees. The 

program would be financed by an 

assessment on Christmas tree domestic 

producers and importers and would be 

administered by a board of industry 

members selected by the Secretary. The 

program would provide an exemption 

for domestic producers and importers 

that domestically produce or import less 

than 500 Christmas trees annually. A 

referendum would be held among 

eligible domestic producers and 

importers to determine whether they 

favor implementation or continuation of 

the program. The purpose of the 

program would be to help build the 

market for fresh cut Christmas trees. 

The information collection 

requirements in this proposed rule 

concern the referendum that would be 

held to determine whether the program 

is favored by the industry. Domestic 

producers and importers that 

domestically produce or import more 

than 500 Christmas trees annually 

would be eligible to vote in the 

referendum. The ballot would be 

completed by eligible domestic 

producers and importers who want to 

indicate whether or not they support 

implementation or continuation of the 

program. 

Referendum Ballot 

Estimate of Burden: Public 

recordkeeping burden for this collection 

of information is estimated to average 

0.25 hour per application. 

Respondents: Domestic producers and 

importers. 

Estimated Number of Respondents: 

3,263 (3,100 domestic producers and 

163 importers). 

Estimated Number of Responses per 

Respondent: 1 every 7 years (0.14). 

Estimated Total Annual Burden on 

Respondents: 114.21 hours. 

The ballot would be added to the 

other information collections approved 

under OMB No. 0581–NEW. 

An estimated 3,263 respondents 

would provide information to the Board 

(3,100 domestic producers and 163 

importers). The estimated cost of 

providing the information to the Board 

by respondents would be $3,768.93. 

This total has been estimated by 

multiplying 114.21 total hours required 

for reporting and recordkeeping by $33, 

the average mean hourly earnings of 

various occupations involved in keeping 

this information. Data for computation 

of this hourly rate was obtained from 

the U.S. Department of Labor Statistics. 

The proposed Order’s provisions have 

been carefully reviewed, and every 

effort has been made to minimize any 

unnecessary recordkeeping costs or 

requirements, including efforts to utilize 

information already submitted under 

other programs administered by USDA 

and other state programs. 

Request for Public Comment Under the 

Paperwork Reduction Act 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of functions of the Proposed Order and 

USDA’s oversight of the Proposed 

Order, including whether the 

information would have practical 

utility; (b) the accuracy of USDA’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; (c) the accuracy of 

USDA’s estimate of the principal 

producing areas in the United States for 

Christmas trees; (d) the accuracy of 

USDA’s estimate of the number of 

domestic producers and importers of 

Christmas trees that would be covered 

under the program; (e) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (f) 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–NEW. In 

addition, the docket number, date, and 

page number of this issue of the Federal 

Register also should be referenced. 

Comments should be sent to the same 

addresses referenced in the ADDRESSES

section of this proposed rule. 

A 90-day comment period is provided 

to allow interested persons to comment 

on this proposed information collection. 

All written comments received will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

List of Subjects in 7 CFR Part 1214 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Christmas trees, Promotion, Reporting 

and recordkeeping requirements. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
68532 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Proposed Rules 

For the reasons set forth in the 

preamble, it is proposed that Title 7, 

Chapter XI of the Code of Federal 

Regulations, as proposed to be amended 

elsewhere in this issue of the Federal 

Register, be further amended as follows: 

PART 1214—CHRISTMAS TREES, 

PROMOTION, RESEARCH AND 

INFORMATION ORDER 

1. The authority citation for part 1214 

continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

2. Subpart B is added to read as 

follows: 

Subpart B—Referendum Procedures 

Sec. 

1214.100 General. 

1214.101 Definitions. 

1214.102 Voting. 

1214.103 Instructions. 

1214.104 Subagents. 

1214.105 Ballots. 

1214.106 Referendum report. 

1214.107 Confidential information. 

1214.108 OMB control number. 

Subpart B—Referendum Procedures. 

§ 1214.100 General. 

Referenda to determine whether 

eligible domestic producers and 

importers of Christmas trees favor the 

issuance, continuance, amendment, 

suspension, or termination of the 

Christmas Tree Promotion, Research, 

and Information Order shall be 

conducted in accordance with this 

subpart. 

§ 1214.101 Definitions. 

(a) Administrator means the 

Administrator of the Agricultural 

Marketing Service, with power to 

delegate, or any officer or employee of 

the U.S. Department of Agriculture to 

whom authority has been delegated or 

may hereafter be delegated to act in the 

Administrator’s stead. 

(b) Customs means the United States 

Customs and Border Protection or U.S. 

Customs Service, an agency of the 

United States Department of Homeland 

Security. 

(c) Department means the U.S. 

Department of Agriculture 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. 

(d) Eligible domestic producer means 

any person who domestically produces 

more than 500 Christmas trees annually 

in the United States, and who: 

(1) Owns, or shares the ownership 

and risk of loss of the production of 

Christmas trees; 

(2) Rents Christmas tree production 

land, facilities and/or equipment 

resulting in the ownership of all or a 

portion of the Christmas trees 

domestically produced; 

(3) Owns Christmas tree production 

facilities and equipment but does not 

manage them and, as compensation, 

obtains the ownership of a portion of 

the Christmas trees domestically 

produced; or 

(4) Is a party in a landlord-tenant 

relationship or a divided ownership 

arrangement involving totally 

independent entities cooperating only to 

domestically produce Christmas trees 

who share the risk of loss and receive 

a share of the Christmas trees 

domestically produced. No other 

acquisition of legal title to Christmas 

trees shall be deemed to result in 

persons becoming eligible domestic 

producers. 

(e) Eligible importer means any person 

importing more than 500 Christmas 

trees annually into the United States as 

a principal or as an agent, broker, or 

consignee of any person who 

domestically produces or handles 

Christmas trees outside of the United 

States for sale in the United States, and 

who is listed as the importer of record 

for such Christmas trees that are 

identified in the Harmonized Tariff 

Schedule of the United States by the 

numbers 0604.91.00.20, 0604.91.00.40, 

and 0604.91.00.60 during the 

representative period. Importation 

occurs when Christmas trees originating 

outside of the United States are released 

from custody by Customs and 

introduced into the stream of commerce 

in the United States. Included are 

persons who hold title to foreignproduced Christmas trees immediately 

upon release by Customs, as well as any 

persons who act on behalf of others, as 

agents or brokers, to secure the release 

of Christmas trees from Customs when 

such Christmas trees are entered or 

withdrawn for consumption in the 

United States. 

(f) Christmas tree means any tree of 

the coniferous species, that is severed or 

cut from its roots and marketed as a 

Christmas tree for holiday use. 

(g) Order means the Christmas Tree 

Promotion, Research, and Information 

Order. 

(h) Person means any individual, 

group of individuals, partnership, 

corporation, association, cooperative, or 

any other legal entity. For the purpose 

of this definition, the term ‘‘partnership’’ 

includes, but is not limited to: 

(1) A husband and a wife who have 

title to, or leasehold interest in, a 

Christmas tree farm 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 an agreement, 

informal or otherwise, contributed land 

and others contributed capital, labor, 

management, or other services, or any 

variation of such contributions by two 

or more parties. 

(i) Referendum agent or agent means 

the individual or individuals designated 

by the Department to conduct the 

referendum. 

(j) Representative period means the 

period designated by the Department. 

(k) United States or U.S. means 

collectively the 50 states, the District of 

Columbia, the Commonwealth of Puerto 

Rico, and the territories and possessions 

of the United States. 

§ 1214.102 Voting. 

(a) Each eligible domestic producer 

and eligible importer of Christmas trees 

shall be entitled to cast only one ballot 

in the referendum. However, each 

domestic producer in a landlord/tenant 

relationship or a divided ownership 

arrangement involving totally 

independent entities cooperating only to 

domestically produce Christmas trees, 

in which more than one of the parties 

is a domestic producer or importer, 

shall be entitled to cast one ballot in the 

referendum covering only such 

domestic producer or importer’s share 

of the ownership. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate domestic producer or 

importer, or an administrator, executor, 

or trustee or an eligible entity may cast 

a ballot on behalf of such entity. Any 

individual so voting in a referendum 

shall certify that such individual is an 

officer or employee of the eligible entity, 

or an administrator, executive, 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. 

(c) All ballots are to be cast by mail 

as instructed by the Department. 

(d) Eligible domestic producers or 

eligible importers may be asked to 

provide proof of sales or acreage as 

proof of eligibility to vote in any 

referendum. 

§ 1214.103 Instructions. 

The referendum agent shall conduct 

the referendum, in the manner provided 

in this subpart, under the supervision of 

the Administrator. The Administrator 

may prescribe additional instructions, 

not inconsistent with the provisions of 

this subpart, to govern the procedure to 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Proposed Rules 68533 

1See 75 FR 39392. 

be followed by the referendum agent. 

Such agent shall: 

(a) Determine the period during 

which ballots may be cast. 

(b) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter. 

(c) Give reasonable public notice of 

the referendum: 

(1) By utilizing available media or 

public information sources, without 

incurring advertising expense, to 

publicize the dates, places, 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 the agent 

may deem advisable. 

(d) Mail to eligible domestic 

producers and importers whose names 

and addresses are known to the 

referendum agent, the instructions on 

voting, a ballot, and a summary of the 

terms and conditions of the proposed 

Order. 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. 

§ 1214.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. 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. 

§ 1214.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1214.106 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 the 

analysis of the referendum and its 

results. 

§ 1214.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1214.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. chapter 35 is OMB control 

number 0581–NEW. 

Dated: November 2, 2010. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2010–28040 Filed 11–5–10; 8:45 am] 

BILLING CODE 3410–02–P 

FARM CREDIT ADMINISTRATION 

12 CFR Part 615 

RIN 3052–AC25 

Funding and Fiscal Affairs, Loan 

Policies and Operations, and Funding 

Operations; Capital Adequacy; Capital 

Components—Basel Accord Tier 1 and 

Tier 2 

AGENCY: Farm Credit Administration. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM); extension of 

comment period. 

SUMMARY: The Farm Credit 

Administration (FCA, Agency or we) is 

extending the comment period on our 

ANPRM that seeks comments to 

facilitate the development of 

enhancements to our regulatory capital 

framework to more closely align 

minimum capital requirements with 

those of the Federal banking regulators 

and with risks taken by Farm Credit 

System (FCS or System) institutions, 

taking into consideration the System’s 

public mission as a Governmentsponsored enterprise (GSE) and its 

unique cooperative structure. We are 

extending the comment period so all 

interested parties will have additional 

time to provide comments. 

DATES: You may send comments on or 

before May 4, 2011. 

ADDRESSES: There are several methods 

for you to submit your comments. For 

accuracy and efficiency reasons, 

commenters are encouraged to submit 

comments by e-mail or through the 

Agency’s Web site. As facsimiles (faxes) 

are difficult for us to process and 

achieve compliance with section 508 of 

the Rehabilitation Act (29 U.S.C. 794d), 

we are no longer accepting comments 

submitted by fax. Regardless of the 

method you use, please do not submit 

your comments multiple times via 

different methods. You may submit 

comments by any of the following 

methods: 

• E-mail: Send us an e-mail at regcomm@fca.gov. 

• FCA Web site: http://www.fca.gov. 

Select ‘‘Public Commenters,’’ then 

‘‘Public Comments,’’ and follow the 

directions for ‘‘Submitting a Comment.’’ 

• Federal E-Rulemaking Web site: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Gary K. Van Meter, Deputy 

Director, Office of Regulatory Policy, 

Farm Credit Administration, 1501 Farm 

Credit Drive, McLean, VA 22102–5090. 

You may review copies of comments 

we receive at our office in McLean, 

Virginia, or on our Web site at http:// 

www.fca.gov. Once you are in the Web 

site, select ‘‘Legal Info,’’ and then select 

‘‘Public Comments.’’ We will show your 

comments as submitted, but for 

technical reasons we may omit items 

such as logos and special characters. 

Identifying information that you 

provide, such as phone numbers and 

addresses, will be publicly available. 

However, we will attempt to remove email addresses to help reduce Internet 

spam. 

FOR FURTHER INFORMATION CONTACT: 

Laurie Rea, Associate Director, Office of 

Regulatory Policy, Farm Credit 

Administration, McLean, VA 22102– 

5090, (703) 883–4232, TTY (703) 883– 

4434, or Chris Wilson, Financial 

Analyst, Office of Regulatory Policy, 

Farm Credit Administration, McLean, 

VA 22102–5090, (703) 883–4204, TTY 

(703) 883–4434, or Rebecca S. Orlich, 

Senior Counsel, Office of General 

Counsel, Farm Credit Administration, 

McLean, VA 22102–5090, (703) 883– 

4020, TTY (703) 883–4020. 

SUPPLEMENTARY INFORMATION: On July 8, 

2010, FCA published a notice in the 

Federal Register seeking public 

comment to facilitate the development 

of a proposed rule that would minimize 

the differences, to the extent 

appropriate, in regulatory capital 

requirements between System 

institutions and Federally regulated 

banking organizations.1


emcdonald on DSK2BSOYB1PROD with PROPOSALS