This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

62577

Vol. 65, No. 203

Thursday, October 19, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[No. LS–00–10]

Pork Promotion, Research, and

Consumer Information Program:

Amendment to Procedures for the

Conduct of Referendum

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim rule.

SUMMARY: This interim rule amends the

Pork Promotion, Research, and

Consumer Information Program:

Procedures for the Conduct of

Referendum, to provide an additional 5-

day period to give interested persons an

opportunity to challenge producers who

requested absentee ballots and were not

subject to challenge during the initial

challenge period, September 19, 2000,

through October 2, 2000. This interim

rule also establishes new dates for

notifying challenged producers,

submitting proof of eligibility, and

resolving challenges.

DATES: This interim final rule is

effective October 20, 2000. Comments

must be received by November 20, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this interim rule. Comments

must be sent to Ralph L. Tapp, Chief;

Marketing Programs Branch, Room

2627-S; Livestock and Seed Program,

Agricultural Marketing Service (AMS),

USDA; STOP 0251; 1400 Independence

Avenue, SW.; Washington, D.C. 20250–

0251; telephone number 202/720–1115,

fax 202/720–1125, or by e-mail

Ralph.Tapp@usda.gov. Comments

should make reference to the date and

page number of this issue of the Federal

Register and they will be made available

for public inspection in the above office

during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief; Marketing

Programs Branch, Room 2627-S;

Livestock and Seed Program, AMS,

USDA; Stop 0251; 1400 Independence

Avenue, SW.; Washington, D.C. 20250–

0251; telephone number 202/720–1115,

fax 202/720–1125, or by e-mail

Ralph.Tapp@usda.gov.

SUPPLEMENTARY INFORMATION:

Prior documents: Final rule—Pork

Promotion, Research, and Consumer

Information Program: Procedures for the

Conduct of Referendum published July

13, 2000 [65 FR 43498] and Proposed

rule—Pork Promotion, Research, and

Consumer Information Program:

Procedures for the Conduct of

Referendum published April 18, 2000

[65 FR 20862].

Regulatory Impact Analysis

Executive Orders 12866 and 12998 and

the Regulatory Flexibility Act

This interim final rule has been

determined to be not significant for

purposes of Executive Order 12866 and

therefore has not been reviewed by

Office of Management and Budget

(OMB).

This interim rule has been reviewed

under Executive Order 12998, Civil

Justice Reform. It is not intended to

have a retroactive effect. The Pork

Promotion, Research, and Consumer

Information Act of 1985 (Act) states that

the statute is intended to occupy the

field of promotion and consumer

education involving pork and pork

products and of obtaining funds thereof

from pork producers and that regulation

of such activity (other than a regulation

or requirement relating to a matter of

public health or the provision of State

or local funds for such activity) that is

in addition to or different from the Act

may not be imposed by a State.

The Act provides that any person

subject to the Pork Promotion, Research,

and Consumer Information Order

(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 the law, and

requesting a modification of the Order

or an exemption from certain provisions

or obligations of the Order. The

petitioner will have the opportunity for

a hearing on the petition. Thereafter the

Secretary will issue a decision on the

petition. The Act 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 a 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

decision. The petitioner must exhaust

his or her administrative remedies

before he or she can initiate any such

proceedings in the district court.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (5 United

States Code (U.S.C.) 601 et seq.), the

Administrator of AMS has considered

the economic impact of this interim rule

on small entities.

According to the December 29, 1999,

issue of the ‘‘Hogs and Pigs’’ report

published by the National Agricultural

Statistics Service, the number of farms

with hogs or pigs was 98,460. The

majority of these hog producers subject

to the Order should be classified as

small entities under the criteria

established by the Small Business

Administration.

This interim rule amends 7 CFR part

1230 Pork Promotion, Research, and

Consumer Information Program:

Procedures for the Conduct of

Referendum; to establish an additional

five business days for challenging

absentee ballots to give interested

persons an opportunity to challenge

producers who requested absentee

ballots and who were not subject to

challenge during the September 19,

2000, through October 2, 2000,

challenge period. Those producers

whose names were listed on the

Absentee Voter Request List and who

were subject to challenge because the

Absentee Voter Request List indicated

they had returned their ballot are not

subject to challenge during this

additional 5-day period. It also

establishes new dates for notifying

challenged producers, the dates by

which challenged producers must

submit proof of eligibility to the county

Farm Service Agency (FSA) offices, and

the dates by which FSA county offices

must resolve challenges. This

amendment imposes no new

requirements upon those producers who

cast their votes by absentee ballot or

persons who wish to challenge absentee

voters beyond those requirements

provided by the pork referendum final

rule (65 FR 43498). In the Paperwork

Reduction Act section of the final rule

62578 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations

the Agency estimated that 25,000 pork

producers would request absentee

ballots. It was also estimated that the

number of voters whose votes would be

challenged would be 4,000. Pork

producers who requested absentee

ballots during the period provided for in

the final rule and who have already

been subject to challenge under the

provisions of § 1230.631 of the final rule

will not be subject to further challenge

during the additional 5-day challenge

period.

The information collection

requirements, as discussed below, will

be minimal. Therefore, this interim rule

will not impose a significant economic

burden on producers affected by these

changes. Accordingly, the Administrator

of AMS has determined that this rule

will not have a significant impact on a

substantial number of small entities.

Paperwork Reduction

In accordance with the OMB

regulation in 5 CFR part 1320 that

implements the Paperwork Reduction

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

reporting and recordkeeping included in

7 CFR part 1230 were previously

approved by OMB and were assigned

OMB Number 0581–0194.

As discussed in the pork referendum

rule, the relevant provisions concerning

this action include:

1. Challenge of Voters

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average .08

hours per response.

Respondents: Only persons wishing to

challenge a vote of another producer

will be required to provide such

challenge in writing to the county FSA

office.

Estimated Number of Respondents:

2,000.

Estimated Number of Responses per

Respondent: 2.

Estimated Total Annual Burden on

Respondents: 320 hours.

Total Cost: $6,400.

2. Proof of Eligibility

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average 1

hour per response.

Respondents: Producers responding to

a challenge of their eligibility to vote

will be required to submit to the county

FSA office records such as sales

documents, tax records, or other similar

documents to prove that the person

owned and sold hogs or pigs during the

representative period.

Estimated Number of Respondents:

4,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 4,000 hours.

Total Cost: $80,000.

3. Appealing a Challenge of Eligibility

Estimate of Burden: The public

reporting burden for this collection of

information is estimated to average 1

hour per response.

Respondents: Producers appealing a

determination of their ineligibility to

vote in the referendum will be required

to submit to the county FSA office

records such as sales documents, tax

records, or other similar documents to

prove that the person owned and sold

hogs or pigs during the representative

period.

Estimated Number of Respondents:

500.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 500 hours.

Total Cost: $10,000.

4. Absentee Voter Request List: Form

LS–74

Estimate of Burden: Employees in

each county FSA office will fill out one

or more of the Absentee Voter Request

List (Form LS–74). Because only county

FSA employees will complete the

Absentee Voter Request List, the

estimated average reporting burden

would not apply to producers voting

absentee in the referendum.

Background

Under the Act, a pork referendum was

conducted during the period August 18,

2000, through September 21, 2000. The

referendum was conducted pursuant to

referendum rules published July 13,

2000, [65 FR 43498] Pork Promotion,

Research, and Consumer Information

Program: Procedures for the Conduct of

Referendum: final rule. The referendum

was conducted among eligible pork

producers who owned and sold one or

more hogs or pigs and importers who

imported pigs, hogs, pork or pork

products to determine whether they

favored the continuation of the Order.

Producer in-person voting in the

referendum was held September 19, 20,

21, 2000, at county FSA offices.

Producer absentee ballots were available

at those offices from August 18, 2000,

through September 18, 2000. Importers

could obtain ballots from the FSA

headquarters office in Washington, D.C.,

from August 18, 2000, through

September 21, 2000. The representative

period to establish voter eligibility was

the period from August 18, 1999,

through August 17, 2000.

This interim rule amends the final

rule on the conduct of the Pork Checkoff

Program referendum to provide an

additional five business days for

challenging absentee votes. These

changes will ensure that persons have

had an opportunity to challenge all

absentee voters and that all eligible

absentee votes will be counted. The

final pork referendum rules required

that persons voting by absentee ballot

print their name and address on the

outside of the absentee ballot mailing

envelope so that FSA county offices

could check whether the absentee ballot

had been returned. The final rule also

required that the absentee ballot be

received by the FSA county office before

a producer’s vote could be challenged.

Due to incorrectly completed or missing

names and addresses on the absentee

ballot mailing envelope, some FSA

county offices were not able to

determine the name of the person

returning the absentee ballot and were,

therefore, unable to post a complete list

of absentee voters for public review and

challenging.

In order to ensure that eligible

absentee ballots will be counted, AMS

is amending the final referendum rule to

allow for an additional period,

beginning October 23, 2000, and ending

October 27, 2000, for interested persons

to review the Absentee Voter Request

List (Form LS–74) posted in FSA county

offices and challenge absentee voters,

who were not subject to challenge

during the initial challenge period,

September 19, 2000, through October 2,

2000. Those producers whose names

were listed on the Absentee Voter

Request List and who were subject to

challenge because the Absentee Voter

Request List (Form LS–74) indicated the

date by which they had returned their

ballot are not subject to challenge

during this additional 5-day period.

Absentee voters whose ballots are

challenged will have until November 7,

2000, to submit proof of eligibility.

These changes do not affect producers

who voted in-person or pork importers

who voted by mail ballot.

We are deleting the requirement in

§ 1230.631(c) of the final rule that states

that ‘‘Absentee ballots have to be

received in the FSA county office before

a producer’s vote can be challenged.’’

During the conduct of the referendum

a question was raised concerning

whether a ballot would be invalid if no

return address was included on the

outside envelope. The return address

was for the FSA county offices’

administrative convenience to ensure

that an absentee ballot had been

requested and returned. It was never

intended to invalidate an otherwise

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations 62579

complete absentee ballot simply because

the return address was missing on the

mailing envelope, and the provision in

the final rule specifying the reasons for

declaring a ballot invalid is consistent

with our intent.

Pursuant to 5 U.S.C. 553, it is found

and determined upon good cause that it

is impracticable, unnecessary, and

contrary to the public interest to give

preliminary notice prior to putting this

rule into effect and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register.

This action amends 7 CFR part 1230, the

Pork Promotion, Research, and

Consumer Information Program:

Procedures for the Conduct of

Referendum, to provide an additional 5-

day period to give interested persons an

opportunity to challenge all producers

who requested absentee ballots and who

were not subject to challenge during the

initial challenge period. This interim

rule also establishes new dates for

notifying challenged producers,

submitting proof of eligibility, and

resolving challenges.

Voting in the pork referendum was

completed on September 21, 2000, and

the ballots will be counted by FSA

county offices on November 29, 2000, as

provided for in § 1230.633 of the final

rule. Accordingly, the changes made in

this action should be implemented as

soon as possible. Further, for the same

reasons, a 30-day comment period is

deemed appropriate.

List of Subjects in 7 CFR Part 1230

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements, Pork

and pork products, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR part 1230 is amended

as follows:

PART 1230—PORK PROMOTION,

RESEARCH, AND INFORMATION

1. The authority citation for 7 CFR

part 1230 continues to read as follows:

Authority: 7 U.S.C. 4801–4819.

§ 1230.631 [Amended]

2. In § 1230.631 paragraph (c) is

amended by removing the sentence

‘‘Absentee ballots have to be received in

the FSA county office before a

producer’s vote can be challenged.’’

3. A new § 1230.639 is added to read

as follows:

§ 1230.639 Additional absentee voter

challenge period.

(a) Absentee Voter Request List. The

Absentee Voter Request List (Form LS–

74) will be available for inspection

during an additional challenge period of

five business days (October 23, 2000–

October 27, 2000) at county FSA offices.

The Absentee Voter Request List will be

posted daily during regular office hours

in a conspicuous public location at FSA

county offices during the additional

challenge period.

(b) Who can challenge. Any person

can challenge a producer’s vote during

the period provided in paragraph (a) of

this section. Any person who wants to

challenge shall do so in writing and

shall include the full name of the

individual or corporation or other entity

being challenged. Each challenge of a

producer vote must be made on a

separate sheet of paper and each

challenge must be signed by the

challenger. The identity of the

challenger will be kept confidential

except as the Secretary may direct or as

otherwise required by law.

(c) Who can be challenged. Any

person whose name is on the Absentee

Voter Request List who was not subject

to challenge during the September 19,

2000, through October 2, 2000,

challenge period may be challenged.

Those producers whose names were

listed on the Absentee Voter Request

List and who were subject to challenge

because the Absentee Voter Request List

indicated they had returned their ballot

are not subject to challenge during this

additional 5-day period.

(d) Notification of challenges. The

FSA County Committee or its

representative, acting on behalf of the

Administrator, AMS, will notify

challenged producers as soon as

practicable, but no later than the 2nd

business day (October 31, 2000) after the

last day of the additional challenge

period. FSA county offices will notify

all challenged persons that

documentation such as sales

documents, tax records, or other similar

documents proving that the person

owned and sold hogs or pigs during the

representative period must be submitted

or his or her vote will not be counted.

The documentation must be provided to

FSA county offices not later than

November 7, 2000.

(e) Determination of challenges. The

FSA County Committee or its

representative, acting on behalf of the

Administrator, AMS, will make a

determination concerning the challenge

based on documentation provided by

the producer and will notify challenged

producers as soon as practicable but no

later than November 9, 2000.

(f) Challenged ballot. A challenge to a

ballot shall be deemed to have been

resolved if the determination of the FSA

County Committee or its representative,

acting on behalf of the Administrator,

AMS, is not appealed within the time

allowed for appeal or there has been a

determination by the Administrator,

AMS, after an appeal.

(g) Appeal. A person declared to be

ineligible to register and vote by the

FSA County Committee or its

representative, acting on behalf of the

Administrator, AMS, can file an appeal

at the FSA county office not later than

November 17, 2000. The FSA county

office shall send a producer’s appeal by

facsimile to the Administrator, AMS, on

the date it is filed at the FSA office or

as soon as practical thereafter.

(h) Determination of appeals. An

appeal will be determined by the

Administrator, AMS, as soon as

practical, but in all cases not later than

the 45th business day (November 28,

2000) after the date of the last day of the

voting period. The Administrator, AMS,

shall send her decision on a producer’s

appeal to the FSA county office where

the producer was initially challenged.

The FSA county office shall notify the

challenged producer of the

Administrator’s, AMS, determination on

his or her appeal. The Administrator’s,

AMS, determination on an appeal shall

be final.

Dated: October 17, 2000.

Kathleen A. Merrigan,

Administrator, Agricultural Marketing

Service.

[FR Doc. 00–27024 Filed 10–17–00; 1:39 pm]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 331

[Docket No. 00–038F]

Termination of Designation of the State

of North Dakota with Respect to the

Inspection of Meat and Meat Food

Products

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Final rule.

SUMMARY: This final rule amends the

Federal meat inspection regulations by

terminating the designation of the State

of North Dakota under Titles I, II, and

IV of the Federal Meat Inspection Act

(FMIA). The State of North Dakota has

enacted a State meat inspection program

law and regulations that impose