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

64297

Vol. 60, No. 241

Friday, December 15, 1995

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Chapter VII

Commodity Credit Corporation

7 CFR Chapter XIV

RIN 0560–AE49

Agency Name Change

AGENCIES: Farm Service Agency and

Commodity Credit Corporation.

ACTION: Final rule.

SUMMARY: This document amends the

regulations to change the name of the

Consolidated Farm Service Agency to

the Farm Service Agency as a result of

the Department of Agriculture

reorganization.

EFFECTIVE DATE: December 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Linda A. Turner, Farm Service Agency,

P.O. Box 2415, room 1501–S,

Washington, DC 20013, telephone 202–

690–1855.

SUPPLEMENTARY INFORMATION:

Background

The Secretary of Agriculture

announced that the agency previously

referred to as the Consolidated Farm

Service Agency (CFSA) is to be named

the Farm Service Agency (FSA). On

November 8, 1995, USDA published in

the Federal Register (60 FR 56392) a

final rule which contained redelegations

of authority for the Department of

Agriculture and changed the name of

CFSA to FSA. This rule includes

amendments to 7 CFR chapters VII and

XIV which are necessary to bring agency

regulations into alignment with the

departmental reorganization.

Accordingly, 7 CFR Chapters VII and

XIV are amended as follows:

1. The heading of 7 CFR chapter VII

is revised to read as follows:

CHAPTER VII—FARM SERVICE AGENCY,

DEPARTMENT OF AGRICULTURE

2. In 7 CFR chapters VII and XIV, all

references to ‘‘Consolidated Farm

Service Agency’’ are revised to read

‘‘Farm Service Agency’’, and all

references to ‘‘CFSA’’ are revised to read

‘‘FSA’’.

Signed at Washington, DC on December 8,

1995.

Bruce R. Weber,

Acting Administrator, Farm Service Agency

and Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 95–30534 Filed 12–14–95; 8:45 am]

BILLING CODE 3410–05–P

Agricultural Marketing Service

7 CFR Part 1280

[No. LS–95–008]

Sheep Promotion, Research, and

Information Program: Procedures for

the Conduct of Referendum

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; referendum order.

SUMMARY: The Sheep Promotion,

Research, and Information Act of 1994

(Act) authorizes a program of

promotion, research, and information to

be developed through the promulgation

of the Sheep and Wool Promotion,

Research, Education, and Information

Order (Order). The U.S. Department of

Agriculture (Department) recently

completed this process and issued an

Order which will become effective if

approved by sheep producers, sheep

feeders, and importers of sheep and

sheep products. Importers who only

import raw wool are not eligible to

participate in the referendum. This rule

sets forth the procedures for conducting

the initial referendum and the relevant

referendum dates.

DATES: Effective Date: This final rule is

effective December 15, 1995.

Referendum Dates: In-person voting

in the referendum will be on February

6, 1996, at the county Cooperative

Extension Service offices. Absentee

ballots will be available at those offices

from January 16, 1996, through January

26, 1996. The representative period to

establish voter eligibility will be the

period from January 1, 1994, through

December 31, 1994.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch; Livestock and Seed

Division; Agricultural Marketing Service

(AMS), USDA, Room 2606–S; P.O. Box

96456; Washington, D.C. 20090–6456,

telephone number 202/720–1115.

SUPPLEMENTARY INFORMATION: Prior

document in this proceeding: Proposed

Rule—Sheep Promotion and Research

Program: Procedures for Conduct of

Referendum published August 8, 1995

(60 FR 40313).

Regulatory Impact Analysis

Executive Orders 12866 and 12778 and

the Regulatory Flexibility Act

This final 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 final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. It is not intended to

have a retroactive effect. This rule

would not preempt any State or local

laws, regulations, or policies unless they

present an irreconcilable conflict with

this rule.

The Act provides that any person

subject to the Order may file with the

Secretary a petition stating that the

Order, any provision of the Order, or

any obligation imposed in connection

with the Order is not in accordance with

the law, and request 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

proceeding in the district court.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA)(5

U.S.C. 601 et seq.), the Administrator of

AMS has considered the economic

impact of this final action on small

entities.

According to the January 27, 1995,

issue of ‘‘Sheep and Goats,’’ published
64298 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

by the Department’s National

Agricultural Statistics Service, there are

approximately 87,350 operations with

sheep in the United States that may be

eligible to vote in the referendum. To

obtain the estimated number of

importers of sheep and sheep products

who would be subject to an assessment

and who may be eligible to vote in the

referendum, the Department consulted

with major importer organizations

whose members import sheep and sheep

products into the United States. Based

on its consultations with these

organizations, the Department estimates

that the number of importers of sheep

and sheep products in the United States

who would be subject to these rules and

regulations is approximately 9,000.

Nearly all of the sheep operations in the

United States and nearly all of the

importers of sheep and sheep products

would be classified as small entities by

the Small Business Administration (13

CFR 121.601).

This action has also been reviewed

under RFA (5 U.S.C. 601 et seq.). This

final rule would establish procedures

for the conduct of a referendum to

determine whether an Order

promulgated under the Act becomes

operational. Such procedures would

permit all eligible sheep producers,

sheep feeders, and importers of sheep

and sheep products, excluding

importers who import only raw wool,

who have been engaged in sheep

production, sheep feeding, or the

importation of sheep and sheep

products to vote in the referendum.

Participation in the referendum is

voluntary. Votes may be cast either by

mail ballots or in person at polling

places. Casting votes by mail or in

person would not impose a significant

economic burden on participants.

Accordingly, the Administrator of AMS

has determined that this rule will not

have a significant economic impact on

a substantial number of small business

entities.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C.

Chapter 35), OMB has approved the

information collection requirements

contained in this final rule. The control

number assigned to the information

collection requirements in Part 1280 by

OMB pursuant to the Paperwork

Reduction Act is OMB 0581–0093. The

information collection required by this

action and necessary to conduct a

referendum includes the following:

(a) For in-person voting:

(1) Each sheep producer, sheep

feeder, or importer of sheep and sheep

products, except an importer who

imports only raw wool, who votes in

person in the referendum must sign the

In-Person Voter Registration List (Form

LS–61–3) and complete a Ballot (Form

LS–61) at the county Cooperative

Extension Service (CES) office of the

Department. The voter must complete

the ballot and insert it into the SHEEP

BALLOT envelope (Form LS–61–1).

(2) Each producer, feeder, and

importer must complete the Registration

and Certification Form that is printed on

the SHEEP REFERENDUM envelope

(Form LS–61–2) and insert the SHEEP

BALLOT envelope with the enclosed

ballot in the SHEEP REFERENDUM

envelope (Form LS–61–2). The

estimated average time burden for

completing the forms for in-person

voting is 6 minutes per voter.

(b) For absentee voting: Each sheep

producer, sheep feeder, and importer of

sheep and sheep products, except an

importer who imports only raw wool,

who wants to cast an absentee vote

instead of an in-person vote, must

complete, in a legible manner, a

combined registration/certification and

absentee ballot form (Form LS–62). The

voting producer, feeder, or importer

must complete the registration/

certification and absentee ballot form

(Form LS–62), remove the ballot portion

of the form, insert the ballot in a SHEEP

BALLOT envelope (Form LS–61–

1)(same as for in-person voting) and

then insert the sealed SHEEP BALLOT

envelope and the registration/

certification form in the SHEEP

REFERENDUM envelope (Form LS–62–

1). The estimated average time burden

for completing this procedure is 6

minutes per voter.

(c) The final rule requires each sheep

producer, sheep feeder, or importer of

sheep and sheep products who votes in

person to record his or her name on the

In-Person Voter Registration List (Form

LS–61–3) and, if applicable, the name of

the entity he or she represents. The

estimated average time burden for

registering to vote in person is 0.5

minutes per voter. For absentee voters,

the county CES agent shall enter on the

Absentee Voter Request List (Form LS–

62–2) the date the ballot was requested,

the voter’s name and address, the name

of the represented entity, if any, and the

date the ballot was mailed from the

county CES office. This information

may be used to validate ballots and to

challenge potentially-ineligible voters.

Each county CES agent will fill out one

or more of the Absentee Voter Request

Lists (Form LS–62–2) per referendum.

Because only county CES agents will

complete the Absentee Voter Request

List, the estimated average reporting

burden would not apply to the

producer, feeder, or importer voting in

the referendum.

Based on previous referendums

conducted under the National Wool Act

of 1954, the estimated number of

producers, feeders, and importers who

will vote in the referendum is 25,000,

with each voting once.

Background

The Act (7 U.S.C. 7101–7111)

provides for the establishment of a

coordinated program of promotion,

research, education, consumer

information, industry information, and

producer information designed to

strengthen the sheep industry’s position

in the marketplace, maintain and

expand existing markets, and develop

new markets and uses for sheep and

sheep products.

The program will be funded by a

mandatory assessment on domestic

producers, feeders, and exporters of live

sheep and greasy wool of 1-cent-perpound on live sheep sold and 2-centsper-pound on greasy wool sold.

Importers will be assessed 1-cent-perpound on live sheep, the equivalent of

1-cent-per-pound of live sheep for sheep

products as well as 2-cents-per-pound of

degreased wool or the equivalent of

degreased wool for wool and wool

products. Imported raw wool would be

exempt from assessments. Each person

who processes or causes to be processed

sheep and sheep products of that

person’s own production, and who

markets the processed products, would

be assessed the equivalent of 1-cent-perpound of live sheep sold or 2-cents-perpound of greasy wool sold. All

assessments may be adjusted in

accordance with the applicable

provisions of the Act.

The Act requires that a referendum be

conducted after the issuance of the final

Order to determine whether the Order

will go into effect. The referendum

would be conducted among persons

who were sheep producers, sheep

feeders, or importers of sheep and sheep

products, during a representative period

specified by the Secretary. Importers

who import only raw wool are not

eligible to participate in the referendum

because raw wool is exempt from

assessments under the Act. The Order

would become operational only if it is

approved by a majority of the producers,

feeders, and importers voting in the

referendum or by producers, feeders,

and importers voting in the referendum

who account for at least two-thirds of

the production represented by persons

voting in the referendum. If the Order is

not approved by persons voting in the

referendum, the program will not

become operational. An Order was
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64299

published in the Federal Register on

December 5, 1995 (60 FR 62298).

To vote in the referendum, eligible

persons will complete the registration

and certification form, mark their ballots

and record their volume of production

on the ballot if the volume of

production is voted. The volume of

production will be recorded as the

number of live domestic sheep or live

sheep equivalents that a person owned

or imported during the representative

period. The domestic volume of

production includes the largest number

of head of domestic sheep owned for

any single consecutive 30-day period

during the representative period. The

number of live sheep equivalents for

imported sheep products will be

calculated based on the amount of such

products imported during the

representative period. Producers,

feeders, and importers who also cast

ballots based on volume of production

must determine their volume of

production before they register and vote

in the referendum.

The Act specifies that the Secretary

shall determine a method of allocating,

by a pro rata percentage of annual

projected or actual assessments from

importers, the volume of production

represented by importers in a

referendum conducted pursuant to this

subpart. Because an Order

implementing the provisions of the Act

has not been in effect, imported sheep

and sheep products have not been

subject to the assessments described in

the proposed Order published June 2,

1995 (60 FR 28747). Consequently, there

are no projected or actual annual

assessments available to use in

calculating the volume of production for

importers during the representative

period. In the absence of that

information on annual assessments, the

Department has decided that importers

of sheep and sheep products will

determine their volume of production

by converting the volume of those

imported products that would have

been subject to assessment if an Order

had been in effect during the

representative period. Imported sheep,

sheep meat, and wool and wool

products that would have been subject

to assessment during the representative

period are identified by the Harmonized

Tariff Schedule (HTS) classification

numbers listed in Table 1—HTS

Classification Numbers and Conversion

Factors for Imported Sheep and Sheep

Products—contained herein, which

includes sheep, sheep meat, and wool

and wool products. Because the Act

exempts imported raw wool from

assessments, HTS numbers and

corresponding conversion factors are

not included for imported raw wool. For

the purpose of the initial referendum,

importers will use the 1994 HTS

classification numbers and conversion

factors in Table 1. These HTS numbers

for imported sheep and sheep products

are published in the Harmonized Tariff

Schedule of the United States. To enable

importers to convert sheep meat and

wool and wool products identified by

the HTS numbers for 1994 listed in

Table 1, the Department will use the

conversion factors listed in the same

table that correspond to each listed HTS

number. The Department’s Economic

Research Service (ERS) has developed

these conversion factors and maintains

them in an import library. For sheep

meat, these conversion factors take into

account removal of bone, weight loss in

processing or cooking, and nonsheep

components of the sheep products. The

conversion factors for wool products are

used to determine the raw fiber content

of imported wool products, and take

into account fiber loss during

processing, fabric trim loss, and cutting

loss for wool and other nonsheep

components of wool and wool products.

Factors in determining the number of

live sheep equivalents include (1) the

weight of the imported sheep meat, the

weight of imported wool and wool

products and the corresponding

conversion factors, (2) the average

carcass weight of 57 pounds for

domestic mature sheep as published by

the Department’s National Agricultural

Statistics Service in the March 1995

edition of the 1994 Livestock Slaughter

Summary, (3) a dressing percentage of

50 percent, and (4) an equivalent live

weight of 114 pounds for domestic

mature sheep (57 lbs. ÷ 50% = 114 lbs.).

The dressing percentage of 50 percent is

widely recognized as the average

dressing percentage for sheep in the

United States. The formula for

calculating importer volume of

production for imported wool and wool

products will use the listed conversion

factors and a degreased wool yield of

52.8 percent, as published by ERS in the

1992 Weight, Measures, and Conversion

Factors for Agricultural Commodities

and Their Products, to convert

degreased wool to a greasy wool basis.

In the absence of official data for carcass

weights, live weights, dressing

percentages and wool yield percentages

of sheep from importing countries, the

Department has determined that the

initially proposed carcass weight, the

dressing percentage, the live weight,

and the percentage of degreased wool

yield, on the average, would be most

representative of carcass weights,

dressing percentages, live weights and

degreased wool yield percentages of

sheep from which imported sheep

products are derived.

Imported live sheep require no

conversion and each head of imported

live sheep will be counted in

determining the total volume of

production for importers.

The calculation procedures for both

imported sheep meat and imported

wool and wool products are as follows:

Imported Sheep Meat

To calculate the live sheep

equivalents of imported sheep meat, an

importer would first multiply the total

weight of imported sheep meat for each

applicable HTS number by the

corresponding conversion factor to

determine the total carcass weight

equivalent. The importer would then

divide the total carcass weight

equivalent by the average carcass weight

of 57 pounds to determine the

equivalent number of live sheep.

Because the carcass weight of 57 pounds

represents the equivalent live weight of

114 pounds (57 lbs. ÷ 50% = 114 lbs.),

it is not necessary to convert the carcass

weight to a live weight equivalent. The

Department has determined that the

number of live sheep equivalents should

be rounded to the nearest whole

number. If the decimal is 0.5 or greater,

the number of head of sheep would be

rounded upward (i.e., 7.5 = 8.0). If the

decimal is less than 0.5, the number of

head of sheep would be rounded

downward (i.e., 7.49 = 7.0). The

following examples illustrate two

typical calculations:

Examples I and II

1. Sheep Meat (Bone-in)

HTS 0204100000, Carcasses and half

carcasses of lamb, fresh or chilled

Assume: Company X imports 1,000 pounds

of bone-in sheep meat

Conversion factor: 1.00

Average carcass weight: 57 pounds

Calculation:

Pounds of sheep meat ............ 1,000 lbs.

Conversion factor ................... × 1.00

Pounds of carcass weight

equivalents.

1,000 lbs.

Average carcass weight .......... ÷ 57 lbs.

Live sheep equivalents .......... = 17.5 or

18

2. Sheep Meat (Boneless)

HTS 0204232000, Other meat of sheep,

fresh or chilled: Boneless: lamb

Assume: Company X imports 1,000 pounds

of boneless sheep meat

Conversion factor: 1.52

Average carcass weight: 57 pounds

Calculation:

Pounds of sheep meat ............ 1,000 lbs.

Conversion factor ................... × 1.52
64300 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

Pounds of carcass weight

equivalents.

1,520 lbs.

Average carcass weight .......... ÷57

Live sheep equivalents .......... = 26.7 or

27

Imported Wool and Wool Products

Because assessments of all imported

products are based on weight and the

referendum vote will include a volume

consideration which, for domestic

voters, will be based on live sheep, the

Department has determined that the 114

pounds of mature sheep weight will be

the live sheep equivalent for both

imported sheep meat and imported

wool. For purposes of the referendum,

the domestic vote is based entirely on

the number of live sheep with no regard

for the wool. However, to provide an

equitable voting basis for importers of

wool and wool products, an amount of

greasy wool equal in weight to a live

mature sheep—114 pounds—was

established as a —live sheep

equivalent— for importers of wool and

wool products.

To calculate the number of live sheep

equivalents of imported wool products,

the importer would first multiply the

total weight of imported wool products

for each applicable HTS number by the

corresponding conversion factor to

determine the total weight of degreased

wool. The importer would then divide

the total weight of the degreased wool

equivalent by 52.8 percent, to convert

the degreased wool to a greasy wool

basis. Finally, the importer would

divide the total pounds of greasy wool

by the calculated average live weight of

114 pounds to determine the number of

live sheep equivalents. The Department

has determined that the number of live

sheep equivalents should be rounded to

the nearest whole number. If the

decimal is 0.5 or greater, the number of

head of sheep would be rounded

upward (i.e., 7.5=8.0). If the decimal is

less than 0.5, the number of head of

sheep would be rounded downward

(i.e., 7.49=7.0). The following example

illustrates a typical calculation:

Example III

HTS 6201110010, Mens or boys overcoats

of wool or fine animal hair

Assume: Company X imports 1,000 overcoats

weighing 2,000 pounds into the United

States.

Conversion factor: 0.9774

Calculation:

Weight of imported product .. 2,000 lbs.

Conversion factor ................... ×0.9774

Pounds of greasy wool ........... 1,954.8

lbs.

Degreased wool yield ............. ÷52.8%

Pounds of degreased wool ..... 3,702.3

lbs.

Equivalent live weight ........... ÷114 lbs.

Number of live sheep equivalents.=32.5 or

33

The HTS numbers, the conversion

factors, and other information used to

calculate number of live sheep

equivalents apply only to the initial

referendum described herein.

The 1994 HTS classification numbers

and conversion factors for imported

sheep and sheep products and wool and

wool products that importers will use in

determining their volume of production

are as follows:

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS

HTS CF

Live Sheep:

0104100000 .............................. 1.00

Sheep Meat:

0204100000 .............................. 1.00

0204210000 .............................. 1.00

0204222000 .............................. 1.00

0204224000 .............................. 1.00

0204232000 .............................. 1.52

0204234000 .............................. 1.52

0204300000 .............................. 1.00

0204410000 .............................. 1.00

0204422000 .............................. 1.00

0204424000 .............................. 1.00

0204432000 .............................. 1.52

0204434000 .............................. 1.52

Wool and Wool Products

5007106030 .............................. 0.5315

5007906030 .............................. 0.5315

5103100000 .............................. 1.0417

5103200000 .............................. 1.0417

5105100000 .............................. 1.0309

5105210000 .............................. 1.1111

5105290000 .............................. 1.1111

5106100010 .............................. 1.0417

5106100090 .............................. 1.0417

5106200000 .............................. 0.5208

5107100000 .............................. 1.0417

5107200000 .............................. 0.5208

5109102000 .............................. 1.0417

5109902000 .............................. 1.0417

5111112000 .............................. 1.0629

5111113000 .............................. 1.0629

5111117030 .............................. 1.0629

5111117060 .............................. 1.0629

5111191000 .............................. 1.0629

5111192000 .............................. 1.0629

5111196020 .............................. 0.5315

5111196040 .............................. 0.5315

5111196060 .............................. 1.0629

5111196080 .............................. 1.0629

5111200500 .............................. 0.5315

5111201000 .............................. 0.5315

5111209000 .............................. 0.5315

5111300500 .............................. 0.5315

5111301000 .............................. 0.5315

5111309000 .............................. 0.5315

5111903000 .............................. 0.5315

5111904000 .............................. 0.7972

5111905000 .............................. 0.5315

5111906000 .............................. 0.7972

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

5111909000 .............................. 0.7972

5112110030 .............................. 0.5315

5112110060 .............................. 0.9566

5112111000 .............................. 0.9566

5112112030 .............................. 1.0629

5112112060 .............................. 0.9566

5112192000 .............................. 1.0629

5112199010 .............................. 1.0629

5112199020 .............................. 1.0629

5112199030 .............................. 1.0629

5112199040 .............................. 1.0629

5112199050 .............................. 1.0629

5112199060 .............................. 1.0629

5112201000 .............................. 0.5315

5112202000 .............................. 0.5315

5112203000 .............................. 0.5315

5112301000 .............................. 0.5315

5112302000 .............................. 0.5315

5112303000 .............................. 0.5315

5112903000 .............................. 0.6378

5112904000 .............................. 0.7972

5112905000 .............................. 0.7972

5112909010 .............................. 0.5315

5112909090 .............................. 0.5315

5212111010 .............................. 0.4783

5212111020 .............................. 0.4783

5212116010 .............................. 0.2126

5212121010 .............................. 0.4783

5212121020 .............................. 0.4783

5212126010 .............................. 0.2126

5212131010 .............................. 0.4783

5212131020 .............................. 0.4783

5212136010 .............................. 0.2126

5212141010 .............................. 0.4783

5212141020 .............................. 0.4783

5212146010 .............................. 0.2126

5212151010 .............................. 0.4783

5212151020 .............................. 0.4783

5212156010 .............................. 0.2126

5212211010 .............................. 0.4783

5212211020 .............................. 0.4783

5212216010 .............................. 0.2126

5212221010 .............................. 0.4783

5212221020 .............................. 0.4783

5212226010 .............................. 0.2126

5212231010 .............................. 0.4783

5212231020 .............................. 0.4783

5212236010 .............................. 0.2126

5212241010 .............................. 0.4783

5212241020 .............................. 0.4783

5212246010 .............................. 0.2126

5212251010 .............................. 0.4783

5212251020 .............................. 0.4783

5212256010 .............................. 0.2126

5309212000 .............................. 0.5315

5309292000 .............................. 0.5315

5311002000 .............................. 0.2126

5407910510 .............................. 0.4783

5407910520 .............................. 0.4783

5407911000 .............................. 0.2126

5407920510 .............................. 0.4783

5407920520 .............................. 0.4783

5407921010 .............................. 0.2126

5407921020 .............................. 0.2126

5407930510 .............................. 0.4783

5407930520 .............................. 0.4783

5407931000 .............................. 0.2126

5407940510 .............................. 0.4783

5407940520 .............................. 0.4783

5407941000 .............................. 0.2126
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64301

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

5408310510 .............................. 0.4783

5408310520 .............................. 0.4783

5408311000 .............................. 0.2126

5408320510 .............................. 0.4783

5408320520 .............................. 0.4783

5408321000 .............................. 0.2126

5408330510 .............................. 0.4783

5408330520 .............................. 0.4783

5408331000 .............................. 0.2126

5408340510 .............................. 0.4783

5408340520 .............................. 0.4783

5408341000 .............................. 0.2126

5509520000 .............................. 0.3646

5509610000 .............................. 0.1563

5509910000 .............................. 0.3646

5510200000 .............................. 0.3646

5515130510 .............................. 0.4783

5515130520 .............................. 0.4783

5515131010 .............................. 0.2126

5515131020 .............................. 0.2126

5515220510 .............................. 0.4783

5515220520 .............................. 0.4783

5515221000 .............................. 0.2126

5515920510 .............................. 0.4783

5515920520 .............................. 0.4783

5515921010 .............................. 0.2126

5515921020 .............................. 0.2126

5516310510 .............................. 0.4783

5516310520 .............................. 0.4783

5516311000 .............................. 0.2126

5516320510 .............................. 0.4783

5516320520 .............................. 0.4783

5516321000 .............................. 0.2126

5516330510 .............................. 0.4783

5516330520 .............................. 0.4783

5516331000 .............................. 0.2126

5516340510 .............................. 0.4783

5516340520 .............................. 0.4783

5516341000 .............................. 0.2126

5601290020 .............................. 0.9035

5602109010 .............................. 1.0629

5602109090 .............................. 0.5315

5602210000 .............................. 1.0629

5602903000 .............................. 0.2657

5603001010 .............................. 1.0629

5701101300 .............................. 0.9479

5701101600 .............................. 0.9479

5702101000 .............................. 1.0156

5702109010 .............................. 1.0156

5702311000 .............................. 0.7708

5702312000 .............................. 0.6563

5702411000 .............................. 0.6979

5702412000 .............................. 0.5729

5702512000 .............................. 0.9531

5702514000 .............................. 0.9010

5702912000 .............................. 0.9531

5702913000 .............................. 0.9531

5702914000 .............................. 0.9010

5703100000 .............................. 0.6313

5704100010 .............................. 0.2630

5704900010 .............................. 0.2630

5705002010 .............................. 0.6313

5801100000 .............................. 1.0629

5801902090 .............................. 1.0629

5802300020 .............................. 1.0629

5803901100 .............................. 1.0629

5803901200 .............................. 1.0629

5805001000 .............................. 0.5315

5805002000 .............................. 1.0629

5805002500 .............................. 1.0629

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

5806103020 .............................. 1.0629

5806391000 .............................. 1.0629

5810990010 .............................. 1.0629

5811001000 .............................. 1.0629

5903203010 .............................. 0.5315

5903903010 .............................. 0.5315

6001290000 .............................. 1.0629

6002209000 .............................. 1.0851

6002410000 .............................. 1.0851

6002490000 .............................. 1.0851

6002910000 .............................. 1.0851

6101100000 .............................. 1.0094

6101301500 .............................. 0.5047

6101900020 .............................. 0.5678

6102100000 .............................. 1.0094

6102301000 .............................. 0.5047

6102900010 .............................. 0.5678

6103110000 .............................. 0.8439

6103121000 .............................. 0.4823

6103122000 .............................. 0.1808

6103191000 .............................. 0.4823

6103191500 .............................. 0.2411

6103194010 .............................. 0.1206

6103194020 .............................. 0.1206

6103194030 .............................. 0.1206

6103194040 .............................. 0.4823

6103194050 .............................. 0.1206

6103194060 .............................. 0.0603

6103194080 .............................. 0.2411

6103210010 .............................. 0.9645

6103210020 .............................. 0.8439

6103210030 .............................. 0.9645

6103210050 .............................. 0.9645

6103210060 .............................. 0.9645

6103210070 .............................. 0.9645

6103230005 .............................. 0.4823

6103230007 .............................. 0.4823

6103230010 .............................. 0.4823

6103230025 .............................. 0.3167

6103230030 .............................. 0.4823

6103230035 .............................. 0.4823

6103292060 .............................. 0.5425

6103292066 .............................. 0.1206

6103292068 .............................. 0.1206

6103310000 .............................. 0.9864

6103331000 .............................. 0.4932

6103332000 .............................. 0.1233

6103391000 .............................. 0.4932

6103392020 .............................. 0.5549

6103411010 .............................. 0.8256

6103411020 .............................. 0.8256

6103412000 .............................. 0.8256

6103431010 .............................. 0.4718

6103431020 .............................. 0.4718

6103432010 .............................. 0.4718

6103491010 .............................. 0.4823

6103493012 .............................. 0.5425

6103493036 .............................. 0.5425

6103493060 .............................. 0.6028

6104110000 .............................. 0.8631

6104131000 .............................. 0.4932

6104132000 .............................. 0.1233

6104191000 .............................. 0.4932

6104191500 .............................. 0.1233

6104192050 .............................. 0.5549

6104210010 .............................. 0.8439

6104210030 .............................. 0.8439

6104210040 .............................. 0.9645

6104210060 .............................. 0.9645

6104210070 .............................. 0.8439

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

6104210080 .............................. 0.9645

6104230010 .............................. 0.4823

6104230014 .............................. 0.4823

6104230016 .............................. 0.4823

6104230020 .............................. 0.4823

6104230022 .............................. 0.4823

6104230024 .............................. 0.4823

6104230026 .............................. 0.1206

6104230030 .............................. 0.1206

6104230040 .............................. 0.1206

6104230042 .............................. 0.1206

6104291010 .............................. 0.1206

6104291020 .............................. 0.1206

6104291060 .............................. 0.1206

6104291070 .............................. 0.1206

6104292012 .............................. 0.5425

6104292024 .............................. 0.5425

6104292036 .............................. 0.5425

6104292051 .............................. 0.5425

6104292067 .............................. 0.5425

6104292073 .............................. 0.1206

6104292075 .............................. 0.1206

6104292083 .............................. 0.5425

6104310000 .............................. 0.8631

6104331000 .............................. 0.4932

6104332000 .............................. 0.1233

6104391000 .............................. 0.1233

6104392020 .............................. 0.5549

6104410010 .............................. 0.9645

6104410020 .............................. 0.9645

6104431010 .............................. 0.4823

6104431020 .............................. 0.4823

6104432010 .............................. 0.1206

6104432020 .............................. 0.1206

6104441000 .............................. 0.4823

6104442010 .............................. 0.1206

6104442020 .............................. 0.1206

6104490020 .............................. 0.5425

6104510000 .............................. 0.9978

6104531000 .............................. 0.4989

6104532010 .............................. 0.1247

6104532020 .............................. 0.1247

6104591005 .............................. 0.4989

6104591030 .............................. 0.1247

6104591060 .............................. 0.1247

6104592020 .............................. 0.5612

6104610010 .............................. 0.8256

6104610020 .............................. 0.8256

6104610030 .............................. 0.8256

6104631510 .............................. 0.4718

6104631520 .............................. 0.4718

6104692005 .............................. 0.4823

6104693012 .............................. 0.5425

6104693024 .............................. 0.5425

6105201000 .............................. 0.4617

6105901000 .............................. 0.8080

6105903020 .............................. 0.5194

6106201010 .............................. 0.4617

6106201020 .............................. 0.4617

6106901010 .............................. 0.8080

6106901020 .............................. 0.8080

6106902020 .............................. 0.4040

6106903020 .............................. 0.4040

6107190020 .............................. 0.7077

6107292000 .............................. 0.8256

6107992000 .............................. 0.8256

6108391000 .............................. 0.8167

6108992000 .............................. 0.8167

6109901510 .............................. 0.8080

6109901520 .............................. 0.8080
64302 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

6109901530 .............................. 0.8080

6109901540 .............................. 0.8080

6109902035 .............................. 0.5772

6110101010 .............................. 1.2330

6110101020 .............................. 1.2330

6110101030 .............................. 1.2330

6110101040 .............................. 1.2330

6110101050 .............................. 1.2330

6110101060 .............................. 1.2330

6110102010 .............................. 0.8631

6110102020 .............................. 0.8631

6110102030 .............................. 0.8631

6110102040 .............................. 0.8631

6111012050 .............................. 0.8631

6110102060 .............................. 0.8631

6110102070 .............................. 0.8631

6110102080 .............................. 0.8631

6110301510 .............................. 0.4932

6110301520 .............................. 0.4932

6110301530 .............................. 0.4932

6110301540 .............................. 0.4932

6110301550 .............................. 0.4932

6110301560 .............................. 0.4932

6110303005 .............................. 0.1850

6110303010 .............................. 0.1850

6110303015 .............................. 0.1850

6110303020 .............................. 0.1850

6110303025 .............................. 0.1850

6110303030 .............................. 0.1850

6110303035 .............................. 0.1850

6110303040 .............................. 0.1850

6110303045 .............................. 0.1850

6110303050 .............................. 0.1850

6110303055 .............................. 0.1850

6110900012 .............................. 0.5549

6110900028 .............................. 0.5549

6110900048 .............................. 0.5549

6110900050 .............................. 0.5549

6110900072 .............................. 0.5549

6110900074 .............................. 0.5549

6111100010 .............................. 1.0615

6111100030 .............................. 1.0615

6112202020 .............................. 0.8631

6114100020 .............................. 0.8439

6114100040 .............................. 0.8439

6114100050 .............................. 0.8439

6114100060 .............................. 0.8439

6114100070 .............................. 0.8439

6114302030 .............................. 0.4823

6114303012 .............................. 0.6028

6114303042 .............................. 0.4823

6114303052 .............................. 0.4823

6114900050 .............................. 0.5425

6115190020 .............................. 1.0851

6115910000 .............................. 0.8681

6115931010 .............................. 0.4340

6115932010 .............................. 0.4340

6115991410 .............................. 0.4340

6115991810 .............................. 0.4340

6116109040 .............................. 0.0800

6116910000 .............................. 0.9137

6116936400 .............................. 0.4569

6116937400 .............................. 0.4569

6116938800 .............................. 0.1713

6116939400 .............................. 0.1713

6116998020 .............................. 0.4569

6116998030 .............................. 0.3427

6117101000 .............................. 1.0280

6117102010 .............................. 0.4569

6117106020 .............................. 0.2284

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

6117200019 .............................. 1.1422

6117200070 .............................. 0.1713

6117800019 .............................. 0.9747

6117800025 .............................. 0.5711

6117800070 .............................. 0.1713

6117900013 .............................. 1.1422

6117900023 .............................. 1.1422

6117900033 .............................. 1.1422

6117900043 .............................. 1.1422

6117900055 .............................. 1.1422

6201110010 .............................. 0.9774

6201110020 .............................. 0.9774

6201122010 .............................. 0.0611

6201122020 .............................. 0.0611

6201133010 .............................. 0.4398

6201133020 .............................. 0.4398

6201134015 .............................. 0.0489

6201134020 .............................. 0.0489

6201134030 .............................. 0.0977

6201134040 .............................. 0.0977

6201190020 .............................. 0.5498

6201911000 .............................. 0.9554

6201912011 .............................. 0.9554

6201912021 .............................. 0.9554

6201932511 .............................. 0.5374

6201932521 .............................. 0.5374

6201990021 .............................. 0.5374

6202110010 .............................. 0.8455

6202110020 .............................. 0.8455

6202122010 .............................. 0.0604

6202122020 .............................. 0.0604

6202133010 .............................. 0.5562

6202133020 .............................. 0.5562

6202134005 .............................. 0.0618

6202134010 .............................. 0.0618

6202134020 .............................. 0.1236

6202134030 .............................. 0.1236

6202190020 .............................. 0.5562

6202911000 .............................. 0.9663

6202912011 .............................. 0.9663

6202912021 .............................. 0.9663

6202934011 .............................. 0.5435

6202934021 .............................. 0.5435

6202990021 .............................. 0.5435

6203111000 .............................. 0.6039

6203112000 .............................. 0.6039

6203121000 .............................. 0.5435

6203192000 .............................. 0.5435

6203194040 .............................. 0.5435

6203210010 .............................. 0.8455

6203210015 .............................. 0.8455

6203210020 .............................. 0.8455

6203210030 .............................. 0.8455

6203210060 .............................. 0.8455

6203230010 .............................. 0.5435

6203230015 .............................. 0.5435

6203230020 .............................. 0.5435

6203230030 .............................. 0.5435

6203230040 .............................. 0.5435

6203310000 .............................. 1.0267

6203331010 .............................. 0.5435

6203331020 .............................. 0.5435

6203391000 .............................. 0.4831

6203394020 .............................. 0.5435

6203411010 .............................. 0.9448

6203411020 .............................. 0.9448

6203411030 .............................. 0.8858

6203412000 .............................. 1.1810

6203433010 .............................. 0.5199

6203433020 .............................. 0.5199

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

6203433030 .............................. 0.5199

6203493025 .............................. 0.5199

6204110000 .............................. 0.9059

6204131000 .............................. 0.5435

6204132010 .............................. 0.1812

6204132020 .............................. 0.1812

6204191000 .............................. 0.5435

6204192000 .............................. 0.1812

6204193050 .............................. 0.5435

6204210010 .............................. 0.8455

6204210030 .............................. 0.8455

6204210040 .............................. 0.8455

6204210060 .............................. 0.8455

6204210070 .............................. 0.8455

6204230015 .............................. 0.5435

6204230020 .............................. 0.5435

6204230025 .............................. 0.5435

6204294012 .............................. 0.5435

6204294024 .............................. 0.5435

6204294036 .............................. 0.5435

6204294072 .............................. 0.5435

6204294084 .............................. 0.5435

6204312010 .............................. 1.0267

6204312020 .............................. 1.0267

6204332000 .............................. 0.0604

6204334010 .............................. 0.4831

6204334020 .............................. 0.4831

6204335010 .............................. 0.0604

6204335020 .............................. 0.0604

6204392010 .............................. 0.4831

6204392020 .............................. 0.4831

6204393010 .............................. 0.0604

6204393020 .............................. 0.0604

6204398020 .............................. 0.5549

6204398030 .............................. 0.1850

6204411000 .............................. 0.6496

6204412010 .............................. 1.0039

6204412020 .............................. 1.0039

6204433010 .............................. 0.4724

6204433020 .............................. 0.4724

6204434010 .............................. 0.4724

6204434020 .............................. 0.4724

6204434030 .............................. 0.2953

6204434040 .............................. 0.2953

6204443010 .............................. 0.4831

6204443020 .............................. 0.4831

6204444010 .............................. 0.4831

6204444020 .............................. 0.4831

6204495020 .............................. 0.5435

6204495030 .............................. 0.1812

6204510010 .............................. 0.9888

6204510020 .............................. 0.9888

6204532010 .............................. 0.4944

6204532020 .............................. 0.4944

6204592010 .............................. 0.4944

6204592020 .............................. 0.4944

6204593010 .............................. 0.4944

6204593020 .............................. 0.4944

6204594020 .............................. 0.5562

6204594030 .............................. 0.1845

6204610010 .............................. 0.9243

6204610020 .............................. 0.9243

6204610030 .............................. 0.9243

6204610040 .............................. 0.9243

6204632510 .............................. 0.4621

6204632520 .............................. 0.4621

6204692010 .............................. 0.4621

6204692020 .............................. 0.4621

6204692030 .............................. 0.4621

6204693020 .............................. 0.5199
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64303

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

6204699020 .............................. 0.5199

6204699030 .............................. 0.1733

6204699050 .............................. 0.1733

6205101000 .............................. 1.1554

6205102010 .............................. 0.9243

6205102020 .............................. 0.9243

6205301510 .............................. 0.4621

6205301520 .............................. 0.4621

6205902020 .............................. 0.5777

6205902050 .............................. 0.0578

6205904020 .............................. 0.5777

6205904040 .............................. 0.1155

6206100020 .............................. 0.5777

6206100050 .............................. 0.0578

6206201000 .............................. 1.1554

6206202010 .............................. 0.6932

6206202020 .............................. 0.6932

6206203010 .............................. 0.9243

6206203020 .............................. 0.9243

6206402510 .............................. 0.5199

6206402520 .............................. 0.5199

6206900020 .............................. 0.5199

6206900030 .............................. 0.1733

6207290010 .............................. 0.8572

6207922010 .............................. 0.5315

6207992000 .............................. 0.8267

6207994000 .............................. 0.8267

6208290012 .............................. 0.9243

6208920010 .............................. 0.0591

6208920020 .............................. 0.0591

6208920030 .............................. 0.0591

6208920040 .............................. 0.0591

6208992010 .............................. 0.9448

6208992020 .............................. 0.9448

6209100000 .............................. 0.7915

6211202020 .............................. 0.8455

6211203020 .............................. 0.8455

6211204030 .............................. 0.8455

6211205020 .............................. 0.8455

6211206020 .............................. 0.8455

6211207030 .............................. 0.8455

6211310010 .............................. 0.9059

6211310020 .............................. 0.9059

6211310030 .............................. 0.9059

6211310040 .............................. 0.9059

6211310045 .............................. 0.9059

6211310051 .............................. 0.9059

6211330052 .............................. 0.6039

6211410010 .............................. 0.9663

6211410020 .............................. 0.9663

6211410030 .............................. 0.9663

6211410040 .............................. 0.9059

6211410050 .............................. 0.9663

6211410055 .............................. 0.9663

6211410061 .............................. 0.9663

6211430064 .............................. 0.6039

6211430074 .............................. 0.6039

6212900020 .............................. 0.7161

6214102000 .............................. 0.3357

6214200000 .............................. 0.8951

6214300000 .............................. 0.1119

6214400000 .............................. 0.1119

6214900010 .............................. 0.5559

6215900010 .............................. 1.1189

6216005410 .............................. 0.5035

6216005810 .............................. 0.5035

6216008000 .............................. 1.1189

6217100020 .............................. 0.8267

6217100030 .............................. 0.1181

6217900005 .............................. 0.8267

TABLE I.—HTS AND CONVERSION

FACTORS FOR IMPORTED SHEEP AND

SHEEP PRODUCTS—Continued

HTS CF

6217900010 .............................. 0.1181

6217900030 .............................. 0.8267

6217900035 .............................. 0.1181

6217900055 .............................. 0.8267

6217900060 .............................. 0.1181

6217900080 .............................. 0.8267

6217900085 .............................. 0.1181

6301200010 .............................. 0.9219

6301200020 .............................. 0.9219

6301900030 .............................. 0.1085

6302390010 .............................. 0.9219

6304193040 .............................. 0.8677

6304910050 .............................. 0.7592

6304991000 .............................. 1.0846

6304991500 .............................. 1.0846

6304994000 .............................. 1.0846

6304996010 .............................. 1.0846

6501009000 .............................. 1.3424

6503009000 .............................. 1.3424

6505903030 .............................. 0.9965

6505903045 .............................. 0.5530

6505903090 .............................. 0.8470

6505904030 .............................. 0.8297

6505904045 .............................. 0.4881

6505904090 .............................. 0.8297

6505906040 .............................. 0.4429

The Act also requires the Secretary to

hold additional referendums if so

requested by a representative group

comprised of 10 percent or more of the

producers, feeders, and importers who,

during a representative period as

determined by the Secretary, were

engaged in the production, feeding,

importation, or processing of sheep or

sheep products. In any such

referendum, if the continuation of the

Order is not approved by a majority of

producers, feeders, and importers voting

in the referendum, or by producers,

feeders, and importers voting in the

referendum who account for at least

two-thirds of the production

represented by the persons voting in the

referendum, the Secretary will suspend

or terminate the Order. While the

proposed rule indicated that the rules

would also apply to any additional

referendum conducted pursuant to the

Act, it has been determined that these

rules would apply only to the initial

referendum and that rules for additional

referendums would be published as

necessary. This conforms to recent

changes to other research and

promotion programs.

The Act specifies that the initial

referendum be conducted on a date and

location established by the Secretary,

under a procedure by which sheep

producers, sheep feeders, and importers

of sheep and sheep products intending

to vote in the referendum shall certify

that they were engaged in sheep

production, sheep feeding, or

importation of sheep and sheep

products during the representative

period and, on the same day, would

vote in the referendum. In addition, the

Act provides that the Secretary must

provide absentee ballots on request

made either in person or by mail. The

initial referendum will be conducted at

county CES offices. The CES of the

Department will coordinate with State

and county CES offices concerning their

roles in conducting the initial

referendum.

The final rule sets forth procedures to

be followed in conducting the

referendum under the Act, including

definitions, supervision of the

referendum, registration, voting

procedures, reporting referendum

results, and disposition of the ballots

and records. The Farm Service Agency

(FSA) of the Department will assist in

the conduct of the referendum by (1)

counting ballots, (2) determining the

eligibility of challenged voters, and (3)

reporting referendum results.

On August 8, 1995, AMS published in

the Federal Register (60 FR 40313) a

proposed rule that set forth procedures

to be followed in conducting the

referendum under the Act. The

proposed rule included provisions

concerning definitions, supervision of

the referendum, registration, voting

procedures, reporting referendum

results, and disposition of the ballots

and records. It also proposed that the

initial referendum be conducted at the

county CES offices and that FSA,

formerly the Agricultural Stabilization

and Conservation Service of the

Department, assist in the conduct of the

referendum by (1) counting ballots, (2)

determining the eligibility of challenged

voters, and (3) reporting referendum

results.

The proposed rule was published (60

FR 40313, August 8, 1995) with a

request for comments to be submitted by

September 7, 1995. The Department

received 26 written comments

concerning the proposed referendum

procedures from individual sheep

producers and sheep feeders, as well as

producer, feeder, and importer

organizations and universities. Twentythree written comments were filed on

time and three comments were filed

after the comment period closed. The

late comments generally expressed the

same views as the timely comments

which are responded to herein. The

commenters generally supported the

proposed rule with certain

qualifications.

The substantive changes suggested by

commenters are discussed below,

together with a description of the
64304 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

substantive changes made by the

Department upon review of the

proposed procedures for the conduct of

the referendum. Also, the Department

has made other minor changes of a

nonsubstantive nature for purposes of

clarity and accuracy. For the reader’s

convenience, the discussion is

organized by the topic headings of the

proposed rule.

Definitions

Section 1280.621 Raw Wool

Twenty commenters suggested that

the definition of ‘‘raw wool’’ should

include wooltop, noils of wool, and

wool waste. The Department finds that

wooltop, noils of wool, and wool waste

result from the processing of raw wool

as defined in the Act and that to expand

the definition would not be consistent

with the intent of the Act. Accordingly,

this suggestion is not adopted in the

final rule.

Section 1280.624 Representative

Period

Twenty-one commenters suggested

that the representative period should be

the 1995 calendar year. The Department

has determined that the representative

period should be the 12 consecutive

months of calendar year 1994 to ensure

that importers have ample opportunity

to calculate their ‘‘volume of

production’’ prior to casting a ballot.

This is particularly true for those

persons voting absentee. Accordingly,

this suggestion is not adopted.

Section 1280.631 Volume of

Production

Four commenters suggested that the

importer’s volume of production should

be based on imports for a single

consecutive 30-day period within the

12-month representative period, because

domestic production is based on a 30-

day period. The commenters were

concerned that basing importer’s

volume of production on imports for an

entire year would provide importers

with an advantage over domestic

producers. The Department finds that

basing importer’s volume of production

on import volume for a calendar year is

consistent with § 6(c)(4) of the Act.

Accordingly, this suggestion is not

adopted.

One commenter suggested that lambs

younger than 6 months of age should be

counted toward a producer’s or feeder’s

volume of production total because all

imported sheep products are used to

calculate importers’ live animal

equivalents for the 12-month

representative period. The Department

determined that this suggestion has

merit because all sheep and lambs in the

inventory are subject to sale during a

calendar year and many are marketed at

less than 6 months of age. Accordingly,

this suggestion is adopted and we have

amended § 1280.631, Volume of

Production, to reflect this change.

One commenter questioned whether

domestic producers would be required

to use a conversion factor to determine

domestic volume of production. The

Department has determined that

domestic volume of production would

be based on the number of live sheep

owned continuously during a single

period of at least 30 days during

calendar year 1994, and located in the

United States. Accordingly, no

conversion factors are necessary for

domestic producers or feeders. Two

commenters suggested that the

Department review the definition of

volume of production and revise it to

include an actual head count to

establish volume of production. The

commenter believed this would more

accurately reflect the annual flock size

of each producer. The Department

reviewed this definition and determined

that the basis for establishing volume of

production is consistent with the intent

of the Act. Accordingly, this suggestion

is not adopted.

Referendum

Section 1280.650 General

One commenter asked whether twothirds of the production represented by

those persons voting in the referendum,

or whether 51 percent of the simple

majority vote could approve or defeat

the Order. The Act provides that the

final Order will become effective if it is

approved by either a simple majority of

the producers, feeders, and importers

voting in the referendum or by those

voting who account for at least twothirds of the production represented by

persons voting in the referendum.

One commenter suggested that the

simple majority vote and the eligibility

requirements that allow any sheep

owner to participate in the referendum

could mean that a disproportionately

high number of hobby sheep owners

will participate in the referendum and

might lead to the adoption of an Order

commercial producers, feeders, and

importers are not in favor of it. The Act

provides that each person who markets

sheep and sheep products is subject to

the assessment provisions of the Act.

Therefore, all persons who are required

to pay an assessment would be entitled

to vote in the referendum regardless of

the number of sheep they owned.

Accordingly, this suggestion is not

adopted.

One commenter suggested that the

Order should not become operative

unless the Secretary finds that at least

40 percent of those eligible to vote have

participated in the referendum and that:

(1) 65 percent of those voting cast votes

in favor of implementation of the Order,

and those so voting own the majority of

the total quantity of sheep and sheep

products in the preceding year owned

by all who voted in the referendum, and

(2) a majority of those who voted in

favor of implementation of the Order,

and those so voting owned 65 percent

or more of the total quantity of sheep

and sheep products in the preceding

year owned by all who voted in the

referendum. The Act provides that all

persons who were engaged in the

production, feeding, or importation of

sheep or sheep products will be eligible

to vote and that each person may cast

a vote. Additionally, the Act provides

that for the Order to become effective,

it has to be approved by either a simple

majority of the producers, feeders, and

importers voting in the referendum or

by those voting who account for at least

two-thirds of the production

represented by those persons voting in

the referendum. Accordingly, this

suggestion is not adopted.

Section 1280.652 Eligibility

Twenty-four commenters suggested

either that no person under the age of

18 should be allowed to vote or that

there should be some age limitation on

eligibility to vote in the referendum.

The Department finds that any person

who is subject to the assessment should

be entitled to vote. Accordingly, this

suggestion is not adopted.

Nineteen commenters asked if

producers who also qualify as feeders

could vote once as a producer and once

as a feeder. Section 1280.652 of the rule

specifically states that each producer,

feeder, and importer entity shall be

entitled to cast only one ballot in the

referendum. The intent is that there is

only one vote per individual or legal

entity. Thus, an individual who is both

a producer and a feeder would have

only one vote unless the individual

represents more than one legal entity.

One commenter suggested that a

person who collects a wool incentive

check should be the only person eligible

to vote. The Act specifically designates

and establishes the requirements of

those persons who are eligible to vote in

the referendum. Receiving a wool

incentive check under the National

Wool Act of 1954 is not a requirement

of eligibility to vote in the referendum.

The Department believes that each

person who is subject to the assessment

should be entitled to cast a vote.
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64305

Accordingly, this suggestion is not

adopted.

One commenter asked why a person

who owned only one sheep for any

single consecutive 30-day period in

1994 should have the same voting

privileges as a producer who makes his

or her living in the sheep business. If

the Order is approved in referendum, all

sales of domestic sheep and greasy wool

will be subject to the assessment under

the Order. Thus, the Department finds

that any person subject to the

assessment should be entitled to vote.

One commenter questioned whether

the American producers want importers

of sheep and sheep products voting in

the referendum. The Act specifies that

producers, feeders, and importers,

except importers of raw wool, who were

engaged in the production, feeding, or

importation of sheep and sheep

products during the representative

period will be eligible to vote.

Two commenters suggested that all

votes should be based on the actual

volume of production (i.e., one sheep

equals one vote). The Act clearly

provides for approval of the Order based

on a simple majority vote of participants

or a two-thirds majority of the

production represented by those voting

in the referendum. Accordingly, this

suggestion is not adopted.

One commenter suggested that voter

eligibility needed to be clarified, but did

not suggest any particular language. The

Department has determined that any

person who was a sheep producer,

sheep feeder, or importer of sheep and

sheep products during the

representative period is eligible to vote

and shall be entitled to cast one ballot

in the referendum.

Section 1280.655 Registration Form

and Ballot.

The Department, after further review

of this section, determined that the last

sentence in this section beginning with

‘‘The ballot * * *’’ and ending with

‘‘* * * volume of production,’’ should

be deleted because it duplicates the

fourth sentence in this section and thus

is not necessary. Accordingly, the last

sentence is deleted from this final rule.

Additionally, the Department is

clarifying this section to make it clear

that producers, feeders, and importers

will enter their volume of production on

the ballot, only if they intend to also

cast their ballot based on their volume

of production. Accordingly, we have

amended § 1280.655 to reflect this

clarification.

Section 1280.656 Registration and

Voting.

One commenter suggested that a

signature should not be required to

request an absentee ballot. The rule does

not require a signature, but it is the

Department’s intent that the request for

an absentee ballot be made only by

persons who are eligible to vote. It is the

Department’s expectation that nearly all

written requests will be signed. No

change in the final rule is required to

accommodate this suggestion. The same

commenter recommended that requests

for an absentee ballot via electronic mail

(e-mail) system be accepted. Since email is available at many locations,

using this method of communication

would likely facilitate requests for

absentee ballots for e-mail users in those

offices that can receive e-mail. Any

requests for absentee ballots by e-mail

would be subject to the same conditions

that apply to absentee ballots requested

by mail or in person. Accordingly, this

suggestion is adopted.

Additional Comments

One commenter suggested that the

Department use the 63 pound average

carcass weight for lambs and yearlings

rather than the 57 pound average

carcass weight for mature sheep to

convert imported sheep meat to a live

animal equivalent. The Department

finds that the average carcass weight for

imported lambs is widely recognized as

being less than the average carcass

weight of domestically slaughtered

lambs and yearlings. Therefore, in the

absence of definitive imported carcass

weights and dressing percents, the

Department believes that the 57 pound

mature sheep weight as officially

published in 1994 Livestock Slaughter

Summary in March of 1995 more nearly

reflects the average carcass weight of

imported lamb and should be used for

the purpose of calculating import

volume of production for this initial

referendum. Accordingly, this

suggestion is not adopted.

Twenty commenters asked which

base number the Department would use

if a request or petition were made by a

representative group comprised of 10

percent or more of the producers,

feeders, and importers to conduct a

subsequent referendum. The

Department would use the most recent

officially published Government data

available at the time the request is

made.

One commenter suggested that the

conversion factors for wool products

that account for fiber loss during

production, fabric trim loss, and cutting

loss be clarified to account only for the

loss that is not recoverable and cannot

be recycled back through the processing

system at some point in the future. After

discussions with the Department’s

Economic Research Service (ERS), the

Department believes that these

suggestions should be considered in any

future revisions of the conversion

factors that ERS may publish as an

import library and maintained and

updated. The conversion factors that

account for fiber lost during processing

are currently established by ERS based

on consultation with major wool

manufacturers. The Department does

not intend to propose any changes to the

most recent published conversion

factors for the purpose of this initial

referendum. Accordingly, this

suggestion is not adopted.

Three commenters suggested that the

proposed method of converting the

weight of wool represented by wool

product imports is inherently incorrect

in that it (1) uses conversion factors

developed for sheep and sheep

products, (2) assumes that they translate

equally to wool and wool products, and

(3) will significantly understate the

contribution of wool product imports.

The commenters further suggested that

the greasy wool equivalent weight of

wool products should be determined by

fleece weight for both the U.S.

producers and importers rather than the

live sheep weight for importers and the

fleece weight for domestic producers.

Additionally, the commenters suggested

that the common denominator for

determining live sheep equivalents for

wool and wool products should be the

average weight of greasy wool fleece.

Finally, the commenters suggested that

the Department use 7.7 pounds of greasy

wool per head as published by the

Department’s National Agricultural

Statistics Service in the March 29, 1995,

issue of ‘‘Wool and Mohair’’ to calculate

the number of live animal equivalents

rather than the 114 pound of live weight

as proposed by the Department. The

Department reviewed these comments

carefully and determined that since

domestic volume of production is based

on the number of live animals and not

on wool production that a live weight

which more nearly reflects the live

weight of imported sheep would be

used to calculate the number of live

sheep equivalents for both imported

sheep meat and wool products.

Accordingly, this suggestion is not

adopted.

Two commenters suggested that the

Department review the conversion

factors to ensure that conversion factors

are consistent. ERS maintains these

conversion factors as an import library,

reviews these factors periodically, and
64306 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

makes changes whenever new or

additional information is available. At

this time the Department does not

anticipate changes in the conversion

factors for the purposes of the vote.

Nevertheless, we welcome all

information regarding conversion

factors with the goal of adding to our

knowledge of fiber contents for all wool

and wool products.

Three commenters suggested that the

Department initiate a fact finding

process to identify importers eligible to

vote in the referendum to ensure that all

importers identified are adequately

notified of the referendum.

Additionally, one commenter suggested

that voting instructions and absentee

ballots be mailed to all importers. The

Department believes that producers,

feeders, and importers will have ample

opportunity to learn of the referendum

through industry organizations,

newspapers, industry publications,

Federal Register, and other news

service resources. The Department will

make information concerning the

referendum available to a variety of

news outlets, including outlets

recommended by importers. An

absentee voting period will be

announced when the in person voting

date is announced. Producers, feeders,

and importers will request an absentee

ballot from the county CES office and

mail or personally deliver the absentee

ballot to the county CES office where

the absentee ballot was requested.

Accordingly, we have not adopted these

suggestions as proposed.

One commenter requested that the

Department permanently establish,

through regulatory promulgation, HTS

numbers subject to assessment as part of

this proposed rule. The Department

published in the October 3, 1995,

Federal Register (60 FR 51737) for

public comment implementing rules

and regulations, which include HTS

classification numbers subject to

assessment. Thus, the commenters’

proposal has already been proposed in

another rulemaking.

One commenter suggested that AMS

should use information available from

the U.S. Customs Service to calculate

the volume vote for each importer in the

referendum rather than requiring

importers to make this calculation. The

Department believes that this

information should be readily available

to importer businesses through normal

recordkeeping processes. Accordingly

this suggestion is not adopted.

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

found and determined that good cause

exists for not postponing the effective

date of this action until 30 days after

publication in the Federal Register. An

Order which will be the subject of a

referendum vote was published in the

December 5, 1995, Federal Register (60

FR 62298). For the program to become

operational, the Order must be approved

by sheep producers, sheep feeders, and

importers of sheep and sheep products

voting in the initial referendum. In

order to conduct a referendum in a

timely manner, this rule should be made

effective as soon as possible. Further,

interested persons were afforded a 30

day comment period on the proposed

referendum rule, and no useful purpose

would be served in delaying the

effective date. Therefore, this final rule

is effective on the date of publication in

the Federal Register.

Referendum Order

It is hereby directed that a referendum

be conducted among eligible sheep

producers, sheep feeders, and importers

of sheep and sheep products to

determine whether an Order will

become effective if approved by those

eligible persons voting in the

referendum. In-person voting in the

referendum will be on February 6, 1996,

at the county Cooperative Extension

Service offices. Absentee ballots will be

available at those offices from January

16, 1996, through January 26, 1996. The

representative period to establish voter

eligibility will be the period from

January 1, 1994, through December 31,

1994.

In summary, this final rule adopts

provisions of the August 8, 1995

proposed rule with the changes

discussed herein and with other minor

changes made for purposes of clarity

and accuracy.

List of Subjects in 7 CFR Part 1280

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements, Sheep

and sheep products, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR part 1280 is added to

Chapter XI to read as follows:

PART 1280—SHEEP PROMOTION,

RESEARCH, AND INFORMATION

Subpart A—[Reserved]

Subpart B—[Reserved]

Subpart C—[Reserved]

Subpart D—[Reserved]

Subpart E—Procedures for the Conduct of

Referendum

Definitions

Sec.

1280.601 Act.

1280.602 Administrator.

1280.603 Carbonized wool.

1280.604 Farm Service Agency.

1280.605 Farm Service Agency County

Committee.

1280.606 Farm Service Agency County

Executive Director.

1280.607 Cooperative Extension Service.

1280.608 Cooperative Extension Service

agent.

1280.609 Cooperative Extension Service of

the U.S. Department of Agriculture.

1280.610 Degreased wool.

1280.611 Department.

1280.612 Deputy Administrator.

1280.613 Feeder.

1280.614 Greasy wool.

1280.615 Importer.

1280.616 Order.

1280.617 Person.

1280.618 Producer.

1280.619 Public notice.

1280.620 Pulled wool.

1280.621 Raw wool.

1280.622 Referendum.

1280.623 Registration period.

1280.624 Representative period.

1280.625 Secretary.

1280.626 Sheep.

1280.627 Sheep products.

1280.628 State.

1280.629 Unit.

1280.630 United States.

1280.631 Volume of production.

1280.632 Voting period.

1280.633 Wool.

1280.634 Wool products.

Referendum

1280.650 General.

1280.651 Supervision of referendum.

1280.652 Eligibility.

1280.653 Time and place of registration and

voting.

1280.654 Facilities for registering and

voting.

1280.655 Registration form and ballot.

1280.656 Registration and voting

procedures.

1280.657 List of registered voters.

1280.658 Challenge of voters.

1280.659 Receiving ballots.

1280.660 Canvassing ballots.

1280.661 FSA county office report.

1280.662 FSA State office report.

1280.663 Results of the referendum.

1280.664 Disposition of ballots and records.

1280.665 Instructions and forms.

Authority: 7 U.S.C. 7101–7111.

Subpart E—Procedures for the

Conduct of Referendum

Definitions

§ 1280.601 Act.

The term Act means the Sheep

Promotion, Research, and Information

Act of 1994, 7 U.S.C. 7101–7111; Public

Law 103–407; 108 Statute 4210; as

approved October 22, 1994, and any

amendments thereto.

§ 1280.602 Administrator.

The term Administrator means the

Administrator of the Agricultural

Marketing Service, or any officer or
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64307

employee of the Department to whom

there has heretofore been delegated or

may hereafter be delegated the authority

to act in the Administrator’s stead.

§ 1280.603 Carbonized wool.

The term Carbonized wool means

wool that has been immersed in a bath,

usually of mineral acids or acid salts,

that destroys vegetable matter in the

wool, but does not affect the wool fibers.

§ 1280.604 Farm Service Agency.

The term Farm Service Agency—

formerly Agricultural Stabilization and

Conservation Service (ASCS)—also

referred to as ‘‘FSA,’’ means the Farm

Service Agency of the Department.

§ 1280.605 Farm Service Agency County

Committee.

The term Farm Service Agency

County Committee, also referred to as

the ‘‘FSA County Committee or COC,’’

means the group of persons within a

county elected to act as the FSA County

Committee or COC.

§ 1280.606 Farm Service Agency County

Executive Director.

The term Farm Service Agency

County Executive Director also referred

as the ‘‘FSA County Executive

Director,’’ means the person employed

by the FSA County Committee to

execute the policies of the FSA County

Committee and be responsible for the

day-to-day operations of the county FSA

office, or the person acting in such

capacity.

§ 1280.607 Cooperative Extension Service.

The term Cooperative Extension

Service, also referred to as ‘‘CES’’ means

the State partner in the Cooperative

Extension Service system.

§ 1280.608 Cooperative Extension Service

Agent.

The term Cooperative Extension

Service Agent, also referred to as the

‘‘CES Agent,’’ means an employee of the

Cooperative Extension Service.

§ 1280.609 Cooperative Extension Service

of the U.S. Department of Agriculture.

The term Cooperative Extension

Service of the U.S. Department of

Agriculture, also referred to as ‘‘CES,’’

means the Federal component of the

Cooperative Extension Service.

§ 1280.610 Degreased wool.

The term Degreased wool means wool

from which the bulk of impurities has

been removed by processing.

§ 1280.611 Department.

The term Department means the U.S.

Department of Agriculture.

§ 1280.612 Deputy Administrator.

The term Deputy Administrator

means the Deputy Administrator for

Program Delivery and Field Operations,

FSA, U.S. Department of Agriculture or

any officer or employee of the

Department to whom there has

heretofore been delegated or may

hereafter be delegated the authority to

act in the Deputy Administrator’s stead.

§ 1280.613 Feeder.

The term Feeder means a person who

feeds lambs until the lambs reach

slaughter weight.

§ 1280.614 Greasy wool.

The term Greasy wool means wool

that has not been washed or otherwise

cleaned.

§ 1280.615 Importer.

The term Importer means any person

who imports sheep and sheep products

into the United States.

§ 1280.616 Order.

The term Order means the Sheep and

Wool Promotion, Research, Education,

and Information Order.

§ 1280.617 Person.

The term Person means any

individual, group of individuals,

partnership, corporation, association,

cooperative, or any other legal entity.

§ 1280.618 Producer.

The term Producer means any person,

other than a feeder, who owns or

acquires ownership of sheep.

§ 1280.619 Public notice.

The term Public notice means

information regarding a referendum

which shall be provided by the

Secretary, without advertising expenses,

through press releases and by State and

county CES offices and county FSA

offices, by means of newspapers,

electronic media, county newsletters,

and the like. Such notice shall contain

the referendum date and location,

registration and voting requirements,

rules regarding absentee voting, and

other pertinent information.

§ 1280.620 Pulled wool.

The term Pulled wool means wool

that is pulled from the skin of

slaughtered sheep.

§ 1280.621 Raw wool.

The term Raw wool means greasy

wool, pulled wool, degreased wool, or

other carbonized wool.

§ 1280.622 Referendum.

The term Referendum means any

referendum to be conducted by the

Secretary pursuant to the Act where

producers, feeders, and importers of

sheep and sheep products, except an

importer of only raw wool, shall be

given the opportunity to vote.

§ 1280.623 Registration period.

The term Registration period means a

1 day period to be announced by the

Secretary for registration of producers,

feeders, and importers desiring to vote

in a referendum. The registration period

shall be the same day as the voting

period.

§ 1280.624 Representative period.

The term Representative period

means 12 consecutive months of

calendar year 1994.

§ 1280.625 Secretary.

The term Secretary means the

Secretary of Agriculture of the United

States or any other officer or employee

of the Department to whom there has

been delegated or to whom authority

may hereafter be delegated to act in the

Secretary’s stead.

§ 1280.626 Sheep.

The term Sheep means ovine animals

of any age, including lambs.

§ 1280.627 Sheep products.

The term Sheep products means

products produced, in whole or in part,

from sheep, including wool and

products containing wool fiber.

§ 1280.628 State.

The term State means each of the 50

States.

§ 1280.629 Unit.

The term Unit means each State,

group of States, or class designation that

is represented on the Board.

§ 1280.630 United States.

The term United States means the 50

States and the District of Columbia.

§ 1280.631 Volume of production

The term volume of production means

the largest number of head of domestic

sheep that a domestic sheep producer or

sheep feeder entity continuously owned

and that were located in the United

States during any single consecutive 30-

day period during the representative

period. The term ‘‘volume of

production’’ also means the number of

head of imported live sheep or the

number of live sheep equivalents that an

importer imported into the United

States during the representative period,

excluding imported raw wool.

§ 1280.632 Voting period.

The term Voting period means a 1-day

period to be announced by the Secretary

for voting in the referendum.
64308 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

§ 1280.633 Wool.

The term Wool means the fiber from

the fleece of a sheep.

§ 1280.634 Wool products.

The term Wool products means

products produced, in whole or in part,

from wool and products containing

wool fiber.

Referendum

§ 1280.650 General.

(a) A referendum to determine

whether eligible sheep producers, sheep

feeders, and importers of sheep and

sheep products approve the Order.

Importers who only import raw wool are

not eligible to vote in the referendum.

(b) The Order shall become

operational only if the Secretary

determines that the Order is approved

by a majority of sheep producers, sheep

feeders, and importers of sheep and

sheep products voting in the

referendum or by sheep producers,

sheep feeders, and importers of sheep

and sheep products voting in the

referendum who account for at least

two-thirds of the production

represented by those voting in the

referendum.

(c) The initial referendum shall be

conducted at the county CES offices.

(d) The FSA of the Department shall

assist in the conduct of the initial

referendum.

§ 1280.651 Supervision of referendum.

The Administrator shall be

responsible for conducting the

referendum in accordance with this

subpart.

§ 1280.652 Eligibility.

(a) Eligible producers, feeders, and

importers. Each person who was a sheep

producer, sheep feeder, or importer of

sheep and sheep products during the

representative period is entitled to

register and vote in the referendum.

Each producer, feeder, and importer

entity shall be entitled to cast only one

ballot in the referendum. Importers who

only import raw wool are not eligible to

register and vote in the referendum.

(b) Proxy registration and voting.

Proxy registration and voting is not

authorized, except that an officer or

employee of a corporate producer,

feeder, or importer, or any guardian,

administrator, executor, or trustee of a

producer’s, feeder’s, or importer’s estate,

or an authorized representative of any

eligible producer, feeder, or importer

entity (other than an individual

producer, feeder, or importer), such as

a corporation or partnership, may

register and cast a ballot on behalf of

that entity. Any individual who

registers to vote in the referendum on

behalf of any producer, feeder, or

importer entity shall certify that he or

she is authorized by such entity to take

such action.

(c) Joint and group interest. A group

of individuals, such as members of a

family, joint tenants, tenants in

common, a partnership, owners of

community property, or a corporation

engaged in sheep production, sheep

feeding, or the importation of sheep and

sheep products as a producer, feeder, or

importer entity, shall be entitled to only

one vote, provided, however, that any

member of a group may register to vote

as a producer, feeder, or importer if he

or she is an eligible producer, feeder, or

importer separate from the group.

§ 1280.653 Time and place of registration

and voting.

The referendum shall be held for one

day on a date to be determined by the

Secretary. Eligible persons shall register

and vote following the procedures in

§ 1280.656. Except for absentee ballots,

registration and voting shall take place

during the normal business hours of

each county CES office.

§ 1280.654 Facilities for registering and

voting.

Each county CES office shall provide:

(a) adequate facilities and space to

permit producers, feeders, and

importers to register and to mark their

ballots in secret,

(b) a sealed box or other suitable

receptacle for registration forms and

ballots that is kept under observation

during office hours and secured at all

times, and

(c) copies of the Order for review.

§ 1280.655 Registration form and ballot.

A ballot (Form LS–61) and a

registration and certification form (Form

LS–61–2) shall be used for voting in

person. The information required on the

registration and certification form

includes name, address, telephone

number, and county of voter residence.

The form also contains the certification

statement referenced in § 1280.656(a)(1).

The ballot requires producers, feeders

and importers to check a ‘‘yes’’ or ‘‘no’’

and provides space to record volume of

production. If a producer, feeder, or

importer wishes to cast their ballot

based on their volume of production,

the voter must record their volume of

production in the space provided on the

ballot. A combined registration/

certification and ballot form (Form LS–

62) shall be used for absentee voting.

The information required on the

combined registration/certification and

ballot form includes name, address,

telephone number, and county of voter

residence. Form LS–62 also contains the

certification statement referenced in

§ 1280.656(b)(1) and the absentee ballot.

§ 1280.656 Registration and voting

procedures.

(a) Registering and voting in-person.

(1) Each producer, feeder, and

importer, except importers who import

only raw wool, who wants to vote in a

referendum shall register on the day of

voting at the county CES office in which

the producer’s, feeder’s, or importer’s

residence is located, or at the county

CES office that serves the county in

which the producer’s, feeder’s, or

importer’s residence is located.

Producer, feeder, or importer entities

other than individuals shall register at

the county CES office in the county in

which their headquarters office or

business is located, or at the county CES

office that serves the county in which

the entities’ headquarters office or

business is located. Producers, feeders,

and importers will be required to record

on the in-person voter registration list

(Form LS–61–3) their names and, if

applicable, the name of the entity they

represent before they receive a

registration and certification form and

ballot. To register, producers, feeders, or

importers shall complete the registration

and certification form (Form LS–61–2)

and certify that:

(i) they or the entity they represent

were producers, feeders, or importers

during the specified representative

period;

(ii) the person voting on behalf of an

entity referred to in § 1280.652 is

authorized to do so; and

(iii) the volume of production listed

on the ballot is a true and accurate

representation.

(2) Each eligible producer, feeder, or

importer who has not voted by means of

an absentee ballot may cast a ballot inperson at the location and time set forth

in § 1280.653 and on a date to be

announced by the Secretary. Eligible

persons who record their name and the

entity they represent on the in-person

voter registration list (Form LS–61–3)

will receive a registration and

certification form (Form LS–61–2) and a

ballot (Form LS–61). Voting shall be

conducted under the supervision of the

county CES agent or designee. Voters

will enter the information requested on

the registration and certification form

(Form LS–61–2) as indicated above.

Producers, feeders, and importers will

then mark their ballots to indicate ‘‘yes’’

or ‘‘no’’ and if voting volume of

production record their volume of

production in the space provided on the

ballot. Voters shall place their
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64309

completed ballots in an envelope

marked ‘‘SHEEP BALLOT,’’ (Form LS–

61–1) seal and place it in the completed

and signed registration and certification

form/envelope marked ‘‘SHEEP

REFERENDUM,’’ (Form LS–61–2) seal

that envelope and personally place it in

a box marked ‘‘Ballot Box’’ or other

suitable receptacle. A copy of the

applicable in-person voter registration

list (Form LS–61–3) prepared by the

county CES office shall be provided to

each FSA county office for in-person

voter verification.

(b) Absentee voting. (1) Eligible

producers, feeders, and importers who

are unable to vote in person may request

a combined registration/certification

and absentee ballot form (Form LS–62)

and two envelopes—one marked

‘‘SHEEP BALLOT’’ (Form LS–61–1) and

the other marked ‘‘SHEEP

REFERENDUM’’ (LS–62–1), by mail or

in person from the county CES office in

the county in which they reside or the

county CES office that serves the county

in which they reside, if individuals, or

in which their main office is located, if

a corporation or other entity. These

forms and envelopes will be mailed by

the county CES agent or designee to the

address provided by the prospective

voter. Only one absentee registration/

certification form and absentee ballot

will be provided to each eligible

producer, feeder, or importer. The forms

must be requested during a specified

time period which will be announced

by the Secretary. The county CES office

shall enter on the absentee voter request

list (Form LS–62–2) the name, address

and entity requesting an absentee ballot

and the date the forms were requested.

A copy of the applicable absentee voter

request list (Form LS–62–2) prepared by

the county CES office shall be provided

to each FSA county office for absentee

voter verification.

(2) To register, eligible producers,

feeders, and importers must complete

and sign the combined registration/

certification form and absentee ballot

(Form LS–62) and certify that:

(i) they or the entity they represent

were producers, feeders, or importers

during the specified representative

period,

(ii) if voting on behalf of an entity

referred to in § 1280.652, they are

authorized to do so; and

(iii) the volume of production listed

on the ballot is a true and accurate

representation.

(3) A producer, feeder, or importer,

after completing the absentee voter

registration form and the ballot, shall

remove the ballot portion of the

combined registration/certification and

absentee ballot form (Form LS–62) and

seal the completed ballot in a separate

envelope marked ‘‘SHEEP BALLOT’’

(Form LS–61–1) and place the sealed

envelope in a second envelope marked

‘‘SHEEP REFERENDUM’’ (Form LS–62–

1) along with the signed registration

form. Producers, feeders, and importers

shall legibly print their names on the

envelope marked ‘‘SHEEP

REFERENDUM’’ (Form LS–62–1), and

mail or hand deliver it to the local

county CES office of the county in

which they reside or the county CES

office serving the county in which they

reside. In the case of a partnership,

corporation, estate, or other entity, the

registration form and ballot must be

mailed or hand delivered to the county

CES office in the county in which its

main office is located or the county CES

office in the county serving the county

in which its main office is located.

(4) Absentee ballots must be received

in the county CES office by the close of

business, 2 business days before the

date of the referendum. Absentee ballots

received after that date shall be counted

as invalid ballots. Upon receiving the

‘‘SHEEP REFERENDUM’’ envelope

containing the registration form and

ballot, the county CES agent or designee

shall place it, unopened in a secure

ballot box. The county CES agent or

designee shall record receipt of the

absentee vote on the absentee voter

request list (Form LS–62–2).

(5) A person who casts an absentee

ballot that is not recorded as being

received or that is received after the

deadline specified in this section may

vote in person at the appropriate county

CES office on the day of the referendum.

§ 1280.657 List of registered voters.

The in-person voter registration list

(Form LS–61–3) and the absentee voter

request list (Form LS–62–2) shall be

available for inspection on the day of

the referendum at the county CES office

and subsequently at the FSA county

office. They shall be posted during

regular office hours in a conspicuous

public location at the FSA county office

on the second business day following

the date of the referendum.

§ 1280.658 Challenge of voters.

(a) Challenge period. On the day of

the referendum, the names of voters

challenged shall be reported to the CES

county agent, who will refer them to the

FSA county office. After that, the names

of the challenged voters shall be referred

directly to the FSA county office. A

challenge may be made no later than the

close of business on the second business

day after the date of the referendum.

(b) Who may challenge. Any person

may challenge a voter. Any person who

wants to challenge must do so in writing

and must include the full name of the

individual or other entity being

challenged. Each challenge of a voter

must be made separately and each

challenge must be signed by the

challenger. The Secretary may issue

other guidelines as the Secretary deems

necessary.

(c) Determination of challenges. The

FSA County Committee or its

representative, acting on behalf of the

Administrator, shall make a

determination concerning the challenge

and shall notify challenged producers,

feeders, or importers as soon as

practicable, but no later than five

business days after the date of the

referendum. If the FSA County

Committee or its representative, acting

on behalf of the Administrator, is unable

to determine whether a person was a

producer, feeder, or importer during the

representative period, or verify a voter’s

recorded volume of production, it may

require the person challenged to submit

records such as sales documents, import

documents, or other similar documents

in order to demonstrate his or her

eligibility or to prove that the person

was a producer, feeder, or importer

during the representative period and to

verify that the recorded volume of

production was accurately stated.

(d) Challenged ballot. The registration

and certification form (Form LS–61–2)

containing the ballots cast by producers,

feeders, or importers voting in person

who are challenged shall be removed

from the ballot box and placed in a

separate box until the challenge has

been resolved. The SHEEP

REFERENDUM envelopes (Form LS–62–

1) containing absentee voter registration

forms and absentee ballots of challenged

absentee voters also shall be removed

from the ballot box and placed in the

box containing ballots of challenged

producers, feeders, and importers. A

challenge to a ballot shall be deemed to

have been resolved if the determination

of the FSA County Committee or its

representative is not appealed within

the time allowed for appeal or there has

been a determination by FSA after an

appeal.

(e) Appeal. A person declared to be

ineligible to register and vote or whose

recorded volume of production has been

questioned by the FSA County

Committee or its designee, acting on

behalf of the Administrator, may file an

appeal at the FSA county office within

three business days after notification of

such decision. Such person may be

required to provide documentation such

as sales documents, import documents,

or similar documents in order to

demonstrate his or her eligibility or
64310 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations

verify the recorded volume of

production. An appeal shall be

determined by the FSA County

Committee, or its designee, acting on

behalf of the Administrator, as soon as

practicable, but in all cases not later

than the ninth business day after the

date of the referendum. The FSA County

Committee or its designee’s

determination on an appeal is final.

§ 1280.659 Receiving ballots.

A ballot shall be considered to have

been received during the voting period

if:

(a) it was cast in person in the county

CES office prior to the close of business

on the day of the referendum; or

(b) it was cast as an absentee ballot,

and was received in the county CES

office not later than two business days

before the date of the referendum.

§ 1280.660 Canvassing ballots.

(a) Counting the ballots. The county

CES agent or designee shall deliver the

sealed ballot box, the in-person voter

registration list (Form LS–61–3) and the

absentee voter request list (Form LS–62–

2) to the FSA county office by the close

of business on the first business day

following the date of the referendum.

FSA county Executive Director and the

county CES agent or designee shall

check the registration forms and ballots

of all voters against the in-person voter

registration list (Form LS–61–3) and the

absentee voter request list (Form LS–62–

2) to determine properly registered

voters. The ballots of producers, feeders,

and importers voting in person whose

names are not on the in-person voter

registration list (Form LS–61–3), shall

be declared invalid. Likewise, the

ballots of producers, feeders, and

importers voting absentee whose names

are not on the absentee voter request list

(Form LS–62–2) shall be declared

invalid. All ballots of challenged voters

declared ineligible or invalid shall be

kept separate from the other ballots and

shall not be counted as valid ballots.

The valid ballots shall be counted on

the tenth business day after the

referendum date. FSA county office

employees shall remove the ‘‘SHEEP

BALLOT’’ envelope from the

registration/certification form envelopes

or absentee ballot envelopes of all

eligible voters and all challenged voters

determined to be eligible. After

removing all ‘‘Sheep Ballot’’ envelopes,

FSA county employees shall open them

and count the ballots. The ballots shall

be counted as follows:

(1) Number of eligible producers,

feeders, and importers casting valid

ballots;

(2) Number of producers, feeders, and

importers favoring the Order;

(3) Number of producers, feeders, and

importers not approving the Order;

(4) Volume of production recorded by

producers, feeders, and importers

approving the Order;

(5) Volume of production of

producers, feeders, and importers not

approving the Order;

(6) Number of challenged ballots;

(7) Number of challenged ballots

deemed ineligible;

(8) Number of invalid ballots; and

(9) Number of spoiled ballots.

(b) Invalid Ballots. Ballots shall be

declared invalid if a producer, feeder, or

importer voting in-person has failed to

sign the voter registration list (Form LS–

61–3) or an absentee voter’s name is not

recorded on the absentee voter request

list (Form LS–62–2), or the registration

form or ballot was incomplete or

incorrectly completed.

(c) Spoiled Ballots. Ballots shall be

considered spoiled if they are mutilated

or marked in such a way that the ‘‘yes’’

or ‘‘no’’ vote is illegible. Spoiled ballots

shall not be considered as approving or

disapproving the Order, or as a ballot

cast in the referendum.

(d) Confidentiality. All ballots shall be

confidential and the contents of the

ballots shall not be divulged except as

the Secretary may direct. The public

may witness the opening of the ballot

box and the counting of the votes but

may not interfere with the process.

§ 1280.661 FSA county office report.

The FSA county office shall notify the

FSA State office of the results of the

referendum. Each FSA county office

shall transmit the results of the

referendum in its county to the FSA

State office. Such report shall include

the information listed in § 1280.660(a).

The results of the referendum in each

county may be made available to the

public upon notification from the

Deputy Administrator FSA that the final

results have been released by the

Secretary. A copy of the report of results

shall be posted for 30 days in the FSA

county office in a conspicuous place

accessible to the public, and a copy

shall be kept on file in the FSA county

office for a period of at least 12 months

after the referendum.

§ 1280.662 FSA State office report.

Each FSA State office shall transmit to

the Deputy Administrator, FSA, a

written summary of the results of the

referendum received from all the FSA

county offices within the State. The

summary shall include the information

on the referendum results contained in

the reports from all county offices

within each State, and shall be certified

by the FSA State Executive Director.

The FSA State office shall maintain a

copy of the summary where it shall be

available for public inspection for a

period of not less than 12 months

beginning upon notification from the

Deputy Administrator, FSA, that the

final results have been released by the

Secretary.

§ 1280.663 Results of the referendum.

(a) The Deputy Administrator, FSA,

shall submit the results of the

referendum to the Administrator. The

Administrator shall prepare and submit

to the Secretary a report of the results

of the referendum. The results of any

referendum shall be issued by the

Department in an official press release

and published in the Federal Register.

State reports and related papers shall be

available for public inspection in the

office of the Marketing Programs

Branch, Livestock and Seed Division,

AMS, USDA, Room 2606, South

Agriculture Building, 14th and

Independence Avenue, SW.,

Washington, DC.

(b) If the Secretary deems it necessary,

the report of any State or county shall

be reexamined and checked by such

persons as may be designated by the

Deputy Administrator, FSA, or the

Secretary.

§ 1280.664 Disposition of ballots and

records.

Each FSA county Executive Director

shall place in sealed containers marked

with the identification of the

referendum the in-person voter

registration list, absentee voter request

list, voted ballots, challenged

registration/certification forms/

envelopes, challenged absentee voter

registration forms, challenged ballots

found to be ineligible, invalid ballots,

spoiled ballots, and county summaries.

Such records shall be placed under lock

in a safe place under the custody of the

FSA county Executive Director for a

period of not less than twelve months

after the referendum. If no notice to the

contrary is received from the Deputy

Administrator, FSA, by the end of such

time, the records shall be destroyed.

§ 1280.665 Instructions and forms.

The Administrator is hereby

authorized to prescribe additional

instructions and forms not inconsistent

with the provisions of this subpart to

govern the conduct of the referendum.
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations 64311

Dated: December 8, 1995.

Lon Hatamiya,

Administrator, Agricultural Marketing

Service.

[FR Doc. 95–30491 Filed 12–14–95; 8:45 am]

BILLING CODE 3410–2–P

Rural Utilities Service

7 CFR Part 1755

RUS General Specification for Digital,

Stored Program Controlled Central

Office Equipment (Form 522)

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

SUMMARY: The Rural Utilities Service

(RUS) hereby amends the RUS General

Specification for Digital, Stored Program

Controlled Central Office Equipment by

eliminating the requirement for

multiparty service and certain other

technical aspects associated with this

service. This amendment does not

diminish public telephone service

integrity.

EFFECTIVE DATE: This regulation is

effective on January 16, 1996.

FOR FURTHER INFORMATION CONTACT: John

J. Schell, Chief, Central Office

Equipment Branch,

Telecommunications Standards

Division, U.S. Department of

Agriculture, Rural Utilities Service,

room 2836–S, Washington, DC 20250–

1500, telephone (202) 720–0671.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be not-significant for purposes of

Executive Order 12866 and therefore

has not been reviewed by OMB.

Executive Order 12778

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This final rule will not:

(1) Preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule;

(2) Have any retroactive effect; and

(3) Require administrative

proceedings before parties may file suit

challenging the provisions of this rule.

Regulatory Flexibility Act Certification

RUS has determined that this final

rule will not have a significant

economic impact on a substantial

number of small entities, as defined by

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.). The changes to the General

Specification for Digital, Stored Program

Controlled Central Office Equipment in

this final rule are updates which have

been made so that RUS telephone

borrowers can continue to provide their

subscribers with the most up-to-date

and efficient telephone service.

Information Collection and

Recordkeeping Requirements

In accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.), the information collection and

recordkeeping requirements contained

in this final rule have been approved by

OMB under control number 0572–0059.

Comments concerning these

requirements should be directed to the

United States Department of

Agriculture, Clearance Office, OIRM,

room 404–W, Washington, DC 20250 or

to the Office of Information and

Regulatory Affairs of OMB, Attention:

Desk Officer for USDA, room 10102,

New Executive Office Building,

Washington, DC 20503.

National Environmental Policy Act

Certification

RUS has determined that this final

rule will not significantly affect the

quality of the human environment as

defined by the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et

seq.). Therefore, this action does not

require an environmental impact

statement or assessment.

Catalog of Federal Domestic Assistance

The program described by this final

rule is listed in the Catalog of Federal

Domestic Assistance Programs under

No. 10.851, Rural Telephone Loans and

Loan Guarantees, and 10.852, Rural

Telephone Bank Loans. This catalog is

available on a subscription basis from

the Superintendent of Documents, the

United States Government Printing

Office, Washington, DC 20402–9325.

Executive Order 12372

This final rule is excluded from the

scope of Executive Order 12372,

Intergovernmental Consultation. A

Notice of Final rule entitled Department

Programs and Activities Excluded from

Executive Order 12372 (50 FR 47034)

exempts RUS and RTB loans and loan

guarantees to governmental and

nongovernmental entities from coverage

under this Order.

Background

RUS makes loans and loan guarantees

to telephone systems to provide and

improve telecommunications service in

rural areas, as authorized by the Rural

Electrification Act of 1936, as amended,

7 U.S.C. 901 et seq., (RE Act). RUS

issues construction standards and

specifications for materials and

equipment. In accordance with the RUS

loan contract, these standards and

specifications apply to facilities

constructed by RUS telephone

borrowers. The Rural Electrification

Loan Restructuring Act of 1993 (RELRA)

(107 Stat. 1356) contemplates

elimination of multiparty service by

telephone companies receiving RUS

loans. This final rule eliminates the

requirement in 7 CFR 1755.522 for

multiparty service along with features

which are associated with that service

such as revertive calling and

multifrequency ringing.

Public comments regarding the

proposed rule were received from AT&T

and the United States Telephone

Association. These comments were

taken into consideration in preparing

the final rule.

1. Comment. One commenter stated

that although there was no issue to be

taken with the proposed rule as it

stands, much of the remainder of RUS

Form 522 is counter to the STMP

requirements. The commenter

recommended that all antiquated

requirements be eliminated and an

additional requirement be added which

limits future funding by RUS to

products which demonstrate available

technology supporting STMP

regulations.

Response. RUS disagrees that the

Form 522 is counter to the State

Telecommunications Modernization

Plan requirements. Form 522 is, and has

always been, intended as a basic

specification. Traditionally, RUS has

left development of specifications for

advanced telecommunication features to

other sources within the

telecommunications industry. RUS

believes that the industry has provided,

and will continue to provide,

appropriate specifications for the

necessary advanced features.

2. Comment. One commenter

commended RUS for proposing the

elimination of the multiparty

requirement and recommended that

RUS conduct a review of all its

regulations in order to identify and

rescind all obsolete requirements.

Response. RUS continuously reviews

and updates regulations to keep them as

technologically current as possible.

List of Subjects in 7 CFR Part 1755

Loan programs-communications,

Reporting and recordkeeping

requirements, Rural areas, Telephone.

For the reasons set out in the

preamble, chapter XVII of title 7 of the

Code of Federal Regulations is amended

as follows: