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

37755

Vol. 63, No. 134

Tuesday, July 14, 1998

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 272 and 275

Food Stamp Program: Quality Control

Provisions of the Mickey Leland

Childhood Hunger Relief Act

AGENCY: Food and Nutrition Service,

USDA.

ACTION: Final rule; announcement of

effective and implementation dates.

SUMMARY: This action announces the

effective and implementation dates for

certain provisions in final regulations

published June 2, 1997, Food Stamp

Program: Quality Control Provisions of

the Mickey Leland Childhood Hunger

Relief Act. The affected provisions

contain information collections relating

to Quality Control system arbitration

and good cause processes. These

information collections needed Office of

Management and Budget (OMB)

approval, in accordance with the

Paperwork Reduction Act of 1995, prior

to their implementation. A notice

published in the Federal Register on

December 19, 1997, solicited comment

on the proposed information

collections. OMB approved the

information collections through June 30,

2001.

DATES: The information collections at 7

CFR 275.3(c)(4) are effective August 13,

1998 and will be implemented October

1, 1998, for the fiscal year 1999 Quality

Control reporting period. Information

collections at 7 CFR 275.23(e)(5) and at

7 CFR 275.23(e)(7) will be implemented

August 13, 1998. Information

collections at 7 CFR 275.23(e)(9) will be

implemented October 1, 1998, for the

fiscal year 1999 Quality Control

reporting period.

FOR FURTHER INFORMATION CONTACT:

Retha Oliver, (703) 305–2474.

SUPPLEMENTARY INFORMATION: The final

rule, Food Stamp Program: Quality

Control Provisions of the Mickey Leland

Childhood Hunger Relief Act (‘‘Leland

Rule’’) published June 2, 1997 (62 FR

29652), contains information collections

that are subject to review by the Office

of Management and Budget (OMB)

under the Paperwork Reduction Act of

1995 (44.U.S.C. 3507). These

information collections pertain to the

Quality Control (QC) burden for the

arbitration and good cause processes.

The implementation dates in this notice

affect the following provisions in the

Leland Rule: 7 CFR 275.3(c)(4)

[Arbitration]; 7 CFR 275.23(e)(5) [State

agencies’ liabilities for payment error—

Fiscal Year 1992 and beyond]; 7 CFR

275.23(e)(7) [Good Cause]; and 7 CFR

275.23(e)(9) [Timeframes for

announcing State agency error rates, for

notifying States of their error rates and

liabilities, and for completing all cases].

During final clearance of the Leland

Rule, OMB determined that the

reporting and recordkeeping burdens

associated with the arbitration and good

cause processes needed to be submitted

for OMB approval through an approval

process specifically designed for

paperwork burdens. In accordance with

the Paperwork Reduction Act of 1995, a

December 19, 1997, notice (62 FR

66593) solicited public comment on the

reporting and recordkeeping burden for

the QC sampling plan, arbitration and

good cause. There was one comment on

the notice. This comment disagreed

with the estimated burdens for the

sampling plan and the arbitration

process, stating that the State it

represented spent more time than

allotted in the notice for these two

activities. The Department did not

revise these estimates. These estimates

are averages for States and the

Department believes the estimates in the

notice more accurately reflect the

amount of time that States, on average,

expend on these activities. The

reporting and recordkeeping burden

associated with the Food Stamp

Program QC System sampling plan,

arbitration and good cause is approved

through June 30, 2001 under OMB No.

0584–0303. This action establishes

effective and implementation dates for

the specified provisions in the Leland

rule.

Dated: July 6, 1998.

George A. Braley,

Acting Administrator, Food and Nutrition

Service.

[FR Doc. 98–18680 Filed 7–13–98; 8:45 am]

BILLING CODE 3410–30–U

NORTHEAST DAIRY COMPACT

COMMISSION

7 CFR Parts 1361 and 1371

Rulemaking Procedures; Producer

Referendum

AGENCY: Northeast Dairy Compact

Commission.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule establishes

and implements regulations governing

administrative procedures for the

Northeast Dairy Compact Commission.

This rule provides the procedures for

rulemaking, including processes for

public notice, comment and hearing,

and procedures for conducting a

producer referendum, as part of the

rulemaking process, including

procedures for block voting by qualified

cooperative associations of milk

producers, as required by the Northeast

Interstate Dairy Compact (‘‘Compact’’).

DATES: Interim rule effective July 14,

1998; Comments must be received on or

before September 14, 1998.

ADDRESSES: Comments may be mailed

to, or delivered to, Northeast Dairy

Compact Commission, 43 State Street,

P.O. Box 1058, Montpelier, Vermont

05601–1058 between the hours of 8:30

a.m.–5:00 p.m. Comments received may

also be inspected at 43 State Street

between 8:30 a.m.–5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Kenneth M. Becker, Executive Director,

Northeast Dairy Compact Commission at

the above address or by telephone at

(802) 229–1941, or by facsimile at (802)

229–2028.

SUPPLEMENTARY INFORMATION:

Background

The Northeast Dairy Compact

Commission (the ‘‘Commission’’) was

established under authority of the

Northeast Interstate Dairy Compact

(‘‘Compact’’). The Compact was enacted

into law by each of the six participating

New England states as follows:

Connecticut-Pub. L. 93–320; Maine-Pub.
37756 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

L. 89–437, as amended, Pub. L. 93–274;

Massachusetts-Pub. L. 93–370; New

Hampshire-Pub. L. 93–336; Rhode

Island-Pub. L. 93–106; Vermont-Pub. L.

89–95, as amended, 93–57. In

accordance with Article I, Section 10 of

the United States Constitution, Congress

consented to the Compact in Pub. L.

104–127 (FAIR ACT), Section 147,

codified at 7 U.S.C. 7256. Subsequently,

the United States Secretary of

Agriculture, pursuant to 7 U.S.C.

7256(1), authorized implementation of

the Compact.

This interim rule establishes the

Compact Commission’s regulations for

the conduct of rulemaking proceedings,

including the producer referendum

balloting, as authorized under sections

11, 12, and 13 of the Compact. These

rulemaking procedures apply only to

the issuance, or amendment, of a

compact over-order price regulation, or

a commission marketing order,

including any provision with respect to

milk supply, and any process initiated

by the Compact Commission in which

the subjects and issues involved relate

to such price regulation, commission

marketing order, or provision with

respect to milk supply or, proposed

amendment thereto. The producer

referendum is conducted in order to

ascertain whether milk producers

approve the issuance or amendment of

such regulations or marketing order, as

required by section 13 of the Compact.

List of Subjects in 7 CFR Parts 1361 and

1371

Administrative Practice and

Procedure, Rulemaking, Milk.

Codification in Code of Federal

Regulations

For reasons set forth in the preamble,

the Compact Commission adds new

parts 1361 and 1371 to 7 CFR chapter

XIII as follows:

PART 1361—RULEMAKING

PROCEDURES

Sec.

1361.1 Applicability.

1361.2 Commencement of proceedings.

1361.3 Notice.

1361.4 Submission of written comment and

exhibits independent of the hearing.

1361.5 Conduct of the hearing.

1361.6 Availability of the transcript.

1361.7 Additional comment and proposed

findings by interested persons.

1361.8 Commission deliberation and

decision; proposed regulation; proposed

findings.

1361.9 Effective date of regulation.

1361.10 Handler’s right to petition for

administrative review; Judicial review.

1361.11 Ex Parte Communications.

Authority: 7 U.S.C. 7256.

§ 1361.1 Applicability.

This section applies to:

(a) The establishment of a compact

over-order price regulation, as defined

in subsection 2(8) of the Compact,

including any provision with respect to

milk supply under subsection 9(f) of the

Compact;

(b) Any amendment of such overorder price regulation or provision with

respect to milk supply; and

(c) Any process initiated by the

Compact Commission in which the

subjects and issues involved relate to

such price regulation or provision with

respect to milk supply or, proposed

amendment thereto.

§ 1361.2 Commencement of proceedings.

(a) Upon the Commission’s

initiative—The Compact Commission

may commence a rulemaking

proceeding on its own initiative,

including upon the recommendation of

the Committee on Regulations and

Rulemaking.

(b) Upon the request of a state

delegation—A state delegation may

request the initiation of a rulemaking

proceeding by presenting its request to

the Committee on Regulations and

Rulemaking. The Committee on

Regulations and Rulemaking shall make

a recommendation to the Compact

Commission, through the Chair, as to

whether the state delegation’s request

should be pursued; provided that the

state delegation may in any event place

its request before the Compact

Commission for its consideration.

(c) Upon petition of any person or

organization—In its sole discretion, the

Compact Commission may commence a

rulemaking proceeding upon petition of

any person. Such persons or

organizations may include individual

milk producers or handlers, any

organization of milk producers or

handlers, general farm organizations,

consumer or public interest groups, and

local, state or federal officials.

(1) A person or organization

petitioning for commencement of a

rulemaking proceeding shall submit to

the Compact Commission a statement in

support of the petition. This statement

shall include a brief written explanation

of how the proposal will promote the

purposes of the Compact.

(2) Petitions submitted under this

paragraph shall be forwarded to the

Committee on Regulations and

Rulemaking for review. If that

Committee determines the proposal will

tend to promote the purposes of the

Compact, the Committee shall notify the

Chair of its determination. The Chair

shall then convene the Compact

Commission to determine whether the

Commission desires to initiate a

rulemaking proceeding based upon the

petition.

(3) If the Committee on Regulations

and Rulemaking determines the

proposal will not tend to promote the

purposes of the Compact, the

Committee, through the Chair, shall

promptly notify the petitioner of its

decision. Notice of denial shall include

a brief statement of the grounds for the

denial. Upon the request of the

petitioner, and in the discretion of the

Chair, the Commission may review the

denial of a petition by the Committee on

Regulations and Rulemaking.

(d) Commencement of proceedings —

At the discretion of the Compact

Commission, the Chair shall commence

any rulemaking proceeding. The Chair

shall commence the proceeding by

serving notice in accordance with

§ 1361.3.

§ 1361.3 Notice.

(a) Contents of the notice — subject

matter—Notice filed by the Chair of the

Commission shall include a concise

summary of the proposed price

regulation and provision with respect to

milk supply, or proposed amendment,

or a concise statement that such

regulation or amendment is the subject

and issue involved. If for specific,

proposed regulation or amendment, the

notice shall identify the geographic area

and persons to be covered, and a

proposed effective date. The notice shall

also identify the Compact as the legal

authority under which the price

regulation is proposed.

(b) Contents of the notice — date, time

and place of hearing — Notice shall be

given of the date, time and place of the

hearing to be held by the Compact

Commission in accordance with section

11 of the Compact. The date of the

hearing shall be at least 15 days after the

publication of notice as provided in

paragraph (d) of this section.

(c) Right to provide comment — The

notice shall identify the right of any

person to participate in the rulemaking

proceeding by the submission of written

comment, either as part of, or

independent of, the hearing.

(d) Publication of notice and

supplemental publicity — The Chair

shall give notice under this section as

follows:

(1) By publication in the Federal

Register;

(2) By publication in the official

register of each participating state and

as otherwise required by the laws of the

states. If the laws of a particular state do

not require publication of notice in a

newspaper of general circulation within
Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37757

that state, the Compact Commission

shall provide for such publication; and

(3) By correspondence to interested

persons in accordance with a list of

such persons compiled by the Compact

Commission. Any interested person may

have his or her name added to the list

by making a written request to the

Compact Commission.

(e) Notice may also be provided by:

(1) Forwarding copies of the notice to

the governors of such other states as the

Chair determines should be notified; or

(2) At the discretion of the Compact

Commission, by issuance of a press

release containing the contents of the

notice or a summary of the contents of

the notice to those newspapers in the

area proposed to be subjected to

regulation as will reasonably tend to

bring the notice to the attention of

interested persons; or

(3) Such other notice as directed by

the Compact Commission.

§ 1361.4 Submission of written comment

and exhibits independent of the hearing.

Any person may submit to the

Compact Commission written comment

and exhibits independent of the hearing.

Comment and exhibits may be

submitted at any time until the closing

date of the post-hearing comment period

established under § 1361.7. The

comment and exhibits shall be made

part of the record of the rulemaking

proceeding if they identify the author’s

name, address and occupation and if

they include a sworn, notarized

statement indicating that the comment

is presented based upon the author’s

personal knowledge or belief.

§ 1361.5 Conduct of the hearing.

(a) Presiding Officer—The Chair of the

Commission shall be the presiding

officer, or in his or her absence, the

Vice-Chair. In the absence of either

officer, the Compact Commission shall

elect a presiding officer from those

members present at the hearing or retain

a qualified member of the public to

serve as presiding officer.

(b) Authority of the Presiding

Officer—The presiding officer shall

have the authority to:

(1) Regulate the course of the hearing;

(2) Administer oaths and affirmations;

(3) Rule upon issues of evidence and

procedure and receive affidavits; and

(4) Present questions to the Compact

Commission for its determination.

(c) Recording of Notice—At the

opening of the hearing, the presiding

officer shall certify for the record the

provision of notice under § 1361.3.

(d) Transcript—The Secretary of the

Compact Commission shall cause a

complete transcript to be kept of the

hearing proceeding. The Secretary shall

certify a true copy of the record of all

testimony and exhibits entered into

evidence.

(e) Appearance; Right to Appear—

Any person shall be given an

opportunity to appear, either in person

or through a representative, subject to

reasonable procedures (e.g., regarding

time allowed for testimony) established

by the presiding officer. Witnesses shall

provide their names, addresses and

occupations for the record before

proceeding to testify. A person acting as

representative on behalf of another shall

so identify himself or herself, provide

his or her name, address and occupation

for the record, and shall provide any

other information as required by the

presiding officer.

(f) Testimony—Persons shall be sworn

or make affirmation before testifying.

Any member of the Compact

Commission or designated staff may ask

questions of a person giving testimony.

(g) Evidence—To the degree possible,

evidence shall be presented in a form

consistent with the provisions of section

9(e) of the Compact. Evidence which is

relevant and material to the subject

matter of the hearing and is of a type

commonly relied upon by reasonably

prudent persons shall be admissible.

Evidence that is irrelevant, immaterial

or unduly repetitious shall be excluded.

As possible, the relevancy of evidence

shall be determined by reference to the

provisions of section 9(e) of the

Compact.

(1) Exclusion of evidence; objections

and offers of proof—The presiding

officer may act to exclude evidence on

his or her own or upon a request by any

Compact Commission member. The

person testifying may object to a ruling

to exclude evidence. The person shall

state the reasons for the objection, and

provide an offer of proof, consisting of

a statement of the substance of the

testimony or that which is expected to

be shown by the answer; provided that

the presiding officer may limit the

length of time allowed for the offer of

proof. The record shall reflect the

objection, the stated basis for the

objection and the offer of proof. The

presiding officer shall either overrule

the objection, and exclude the evidence

from the record, or stay a ruling on the

objection to permit action by the

Compact Commission at a future time.

If the Compact Commission, upon

consideration of the objection and offer

of proof, permits the evidence, it shall

reopen the record and allow the

testimony to be entered. Only evidence

so received by proper objection and

offer of proof may be the subject of

future consideration. The person

testifying shall be notified within three

days of the Compact Commission’s

ruling on the objection.

(2) Exhibits, Documentary and Real

Evidence—All written statements,

charts, tabulations or similar data

offered in evidence at the hearing shall

be made part of the record upon

identification by the witness and upon

satisfactory showing of its authenticity,

relevance and materiality. At the

discretion of the presiding officer, any

part of an exhibit that is irrelevant or

immaterial may be excluded and the

remainder admitted.

(3) Cost Conclusions—conclusory

statements regarding costs shall be

admissible only if supported by actual

cost data based on actual operations of

producers, handlers or retailers, as

appropriate. Projections or estimates of

costs shall be considered only where the

actual costs or other data upon which

such projections or estimates are

provided as part of the analysis.

(4) Commission Evidence—The

Compact Commission may introduce

the results and data of any inquiry or

investigation conducted by the

Commission, or any other evidence it

deems appropriate. The Commission

may also designate as evidence all or

part of the record of prior hearings

before the Commission.

(5) Official notice—The Compact

Commission may take official notice of

such matters as are judicially noticed by

the courts of the United States and any

other matter of technical, scientific or

commercial fact of established

character. Matters taken by official

notice shall be so designated in the

record. Interested persons shall be given

adequate notice of this action, at the

hearing or afterward, and opportunity to

demonstrate that the facts are inaccurate

or were erroneously noticed.

§ 1361.6 Availability of the transcript.

(a) Availability—A copy of the

hearing transcript shall be available for

review at the Compact Commission

place of business during its official

business hours, within 48 hours of the

completion of the hearing, unless

otherwise specified by the presiding

officer at the close of the hearing.

(b) Copies—A copy of the transcript

may be obtained upon written request

and payment of reasonable cost per

page.

§ 1361.7 Additional comment and

proposed findings by interested persons.

At the conclusion of the hearing, the

presiding officer shall announce that

persons who have participated in the

hearing may submit comment and

proposed findings of fact. The comment
37758 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

or findings, or both, shall be received

within fourteen calendar days of the

conclusion of the hearing, unless

otherwise specified in the published

notice of proposed rulemaking. Any

proposed findings shall be presented in

a form consistent with the finding

requirements of § 1361.8, and shall be

based solely on evidence included in

the record. Page numbers of the

transcript, where supporting evidence

appears, shall be cited whenever

possible.

§ 1361.8 Commission deliberation and

decision; proposed regulation; proposed

findings.

(a) Commission deliberation and

decision—The Compact Commission

shall convene as a whole as soon as is

practicable after the close of the posthearing comment period. In accordance

with the requirements of section 4 of the

Compact, the Commission shall vote to

decide whether to propose for

referendum a Compact over-order price

regulation and provision with regard to

milk supply, or amendment thereof. A

majority of the individual Commission

members, with at least one member

from each delegation, shall constitute a

quorum for this deliberative meeting of

the Compact Commission.

(b) Proposed regulation—If approved,

the Compact Commission shall devise

the proposed price regulation, and

provision with respect to milk supply,

or an amendment, by incorporating

those provisions of sections 9 and 10 of

the Compact as are necessary and

appropriate. The regulation shall be set

forth in sufficient detail so as to provide

sufficient notice of its requirements to

those subject to the regulation.

(c) Proposed findings—If a proposed

regulation or amendment is approved,

the Compact Commission shall prepare

proposed findings of fact, in a form

consistent with the requirements of

section 12 of the Compact, with respect

to:

(1) Whether the public interest will be

served by the establishment of

minimum milk prices to dairy farmers;

(2) What level of prices will assure

that producers receive a price sufficient

to cover their costs of production and

will elicit an adequate supply of milk

for the inhabitants of the regulated area

and for manufacturing purposes;

(3) Whether the major provisions of

the regulation or amendment, other than

those establishing the Compact overorder price, are in the public interest

and are reasonably designed to achieve

the purposes of the regulation or

amendment; and

(4) The need for a producer

referendum in accordance with part

1371.

§ 1361.9 Effective date of regulation.

A Compact over-order price or

amendment approved by referendum

under part 1371 shall become effective

in accordance with a schedule for

administration established between the

Compact Commission and the

applicable Federal Market Order

Administrator. Notice of the substance

of the approved regulation or

amendment, including the effective

date, shall be given in accordance with

§ 1361.3. In addition, the Compact

Commission shall ensure actual notice

by certified mail, return receipt

requested, to all milk processors who

will be subject to the terms of the

regulation on the effective date. The

Compact Commission may provide

notice to any other interested persons.

§ 1361.10 Handler’s right to petition for

administrative review; Judicial review.

(a) Petition—In accordance with

section 16(b) of the Compact, and

pursuant to the provisions of part 1381,

any handler subject to an order of the

Compact Commission establishing a

Compact over-order price regulation

may petition the Commission for

hearing and review.

(b) Judicial Review—In accordance

with the provisions of section 16(c) of

the Compact, such handler shall have a

right to judicial review of the Compact

Commission’s ruling with respect to the

handler’s petition for review.

§ 1361.11 Ex Parte Communications.

(a) Following notice of a hearing,

pursuant to § 1361.3, and prior to the

conclusion of a producer referendum, or

the final decision of the Commission,

whichever is later, no Compact

Commission member or Commission

staff person shall discuss ex parte the

merits of the rulemaking proceeding

with any person having an interest in

the proceeding or with any

representative of such person.

(b) Following notice of a hearing,

pursuant to § 1361.3, and prior to the

conclusion of a producer referendum, or

the final decision of the Commission,

whichever is later, Compact

Commission members shall not discuss

among themselves the merits of the

rulemaking proceeding except as part of

the formal meeting of the Commission

convened for this purpose under

§ 1361.8.

(c) A Compact Commission member

or Commission staff person who

receives a written or oral

communication prohibited by this

section shall disclose the substance of

such communication on the record. As

necessary and appropriate, the

Commission may act accordingly to

nullify the effect of the prohibited

communication.

(d) This section shall not be construed

to apply to requests for status reports or

requests on other procedural matters.

PART 1371—PRODUCER

REFERENDUM

Sec.

1371.1 Definitions.

1371.2 Purpose.

1371.3 Referendum procedure.

1371.4 Referendum agent.

1371.5 Confidentiality of ballots.

1371.6 Publication of referendum results.

1371.7 Ballots.

1371.8 Qualified cooperative block vote.

Authority: 7 U.S.C. 7256.

§ 1371.1 Definitions.

As used in this part, and in addition

to the terms defined herein, the terms

defined in Article II, section 2 of the

Compact and in 7 CFR part 1301 shall

apply with equal force and effect.

Approved by producers means that at

least two-thirds of the eligible producers

who cast a vote approve the proposed

order or amendment.

Cooperative block vote means a vote

of approval or disapproval of a proposed

order or amendment, cast in a producer

referendum, by a qualified cooperative

on behalf of its members or stockholders

who are eligible producers.

Eligible producer means a producer

who, during the representative period

determined by the Commission, has

been engaged in the production of milk,

the price of which would be regulated

under the proposed order or

amendment.

Producer referendum means the

balloting process by which the

Commission determines whether a

proposed order or amendment is

approved by eligible producers.

Qualified cooperative means a

cooperative association of producers,

qualified under the provisions of the

Act of Congress of February 18, 1922, as

amended, known as the CapperVolstead Act, bona fide engaged in

marketing milk, or in rendering services

for or advancing the interests of

producers of milk, but shall not include

any cooperative which has been formed

to act as a common marketing agency for

both cooperatives and individual

producers.

Representative period means that

period of time designated by the

Commission for the purpose of

determining who is a producer eligible

to participate in a producer referendum.
Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37759

§ 1371.2 Purpose.

Prior to issuing, or amending, any

regulation establishing a Compact overorder price regulation, including any

provision with respect to milk supply,

the Compact Commission shall conduct

a producer referendum for the purpose

of ascertaining whether the issuance or

amendment of such regulation is

approved by producers.

§ 1371.3 Referendum procedure.

The Commission shall certify the

referendum procedure at the time it

approves a final regulation. The

referendum procedure shall include:

(a) A designated representative period

for determining eligible producers;

(b) The date by which the ballots will

be distributed to eligible producers and

qualified cooperatives;

(c) The date by which all qualified

cooperatives must mail notices to

eligible producer members as required

by § 1371.9(b) and (c);

(d) The date by which all ballots must

be received at the Commission office;

(e) A designated referendum agent;

and

(f) Any other procedures necessary for

the conduct of the particular producer

referendum.

§ 1371.4 Referendum agent.

The designated referendum agent

shall:

(a) Verify all ballots, cast individually

or by block vote, with respect to

timeliness, producer eligibility,

cooperative identification, authenticity

and other steps taken to avoid

duplication of ballots.

(b) Mark ballots determined to be

invalid ‘‘disqualified’’ with a notation of

the reason for disqualification.

Disqualified ballots shall not be

considered in determining approval or

disapproval of the regulation.

(c) Compute and certify the following:

(1) The total number of ballots cast;

(2) The total number of ballots

disqualified;

(3) The total number of verified

ballots cast in favor of the regulation or

amendment;

(4) The total number of verified

ballots cast in opposition to the

regulation or amendment;

(5) Whether two-thirds of all verified

ballots were cast in the affirmative.

(d) Report to the Executive Director of

the Compact Commission the certified

computations and results of the

referendum under section (c); and

(e) At the completion of his or her

work, seal all ballots, including the

disqualified ballots, and submit a final

report to the Executive Director stating

all actions taken in connection with the

referendum. The final report shall

include all ballots cast and all other

information furnished to or compiled by

the Referendum Agent.

§ 1371.5 Confidentiality of ballots.

The ballots cast, the identity of any

person or cooperative, or the manner in

which any person or cooperative voted,

and all information furnished to or

compiled by the Referendum Agent

shall be regarded as confidential.

§ 1371.6 Publication of referendum results.

The Executive Director shall publish

the certified results of the referendum in

the Federal Register.

§ 1371.7 Ballots.

(a) The Compact Commission shall

prepare and ensure the prompt

distribution of a ballot to all eligible

producers consistent with the dates

prescribed in the referendum procedure

under § 1361.3.

(b) The ballot shall describe the terms

and conditions of the referendum and

be accompanied by an official copy of

the proposed regulation or amendment.

The ballot shall provide notice that a

producer may register his or her

approval or disapproval with the

Compact Commission either directly or

through his or her cooperative. The

ballot shall indicate that any qualified

cooperative eligible to block vote must

provide written notice to each eligible

producer as to whether and how it

intends to cast its vote. The notice shall

also identify the final due date for the

Commission’s receipt of the completed

ballot.

§ 1371.8 Qualified cooperative block vote.

(a) Qualified cooperatives may block

vote on behalf of their eligible producer

members in accordance with section

13(c) of the Compact. The Compact

Commission shall ensure that each

qualified cooperative is notified of its

right to cast a block vote on behalf of

eligible members in each producer

referendum by the date prescribed

pursuant to § 1371.3(b).

(b) A qualified cooperative shall,

before casting its ballot in any

referendum, give prior written notice to

each of its eligible producers of how it

intends to cast its vote. The notice and

ballot shall be on the form provided by

the Commission and shall be mailed by

the cooperative to eligible producer

members as prescribed in the producer

referendum procedure pursuant to

§ 1371.3. The notice shall make express

reference to the ballot documentation

provided by the Compact Commission,

and may include a copy of such

documentation.

(c) Any qualified cooperative that

does not intend to block vote shall give

written notice to each of its members on

a form approved by the Compact

Commission. The notice shall be mailed

by the cooperative to eligible producer

members as prescribed in the producer

referendum procedure pursuant to

§ 1371.3. The notice shall make express

reference to the ballot documentation

provided by the Compact Commission,

and may include a copy of such

documentation.

(d) Each qualified cooperative shall

certify to the Compact Commission, on

the form provided by the Commission,

that it is qualified to block vote and that

it has provided proper and timely notice

of either the ballot cast or of the

decision that the cooperative is not

casting a block vote. The cooperative

shall mail a copy of the notice to the

Commission no later than two days after

mailing of notice to members.

Cooperatives that are voting shall also

submit the original executed ballot in a

separate envelope marked ‘‘Referendum

Ballot,’’ or as otherwise provided in the

referendum procedure pursuant to

§ 1371.3.

(e) If the ballot submitted to the

Commission by a qualified cooperative

differs in any significant way from the

notice of its ballot sent to member

producers, then the Commission may

take appropriate remedial action.

(f) A producer who is a member of a

cooperative that has provided notice of

its intent to cast a block vote to approve

or not to approve a proposed order or

not to cast a block vote and who by

ballot expresses his approval or

disapproval of the proposed order, shall

notify the Compact Commission as to

the name of the cooperative of which he

or she is a member, and the Commission

shall remove such producer’s name

from the list certified by such

cooperative with its corporate vote. If

the producer lists the name of a

cooperative that is different from the

cooperative identified by the ballot

number, as determined by the

representative period for the

referendum, the latter will control.

Dated: July 8, 1998.

Kenneth M. Becker,

Executive Director.

[FR Doc. 98–18672 Filed 7–13–98; 8:45 am]

BILLING CODE 1650–01–P