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

21049

Vol. 61, No. 91

Thursday, May 9, 1996

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1280

[No. LS–94–015A]

Sheep and Wool Promotion, Research,

Education, and Information:

Certification and Nomination

Procedures for the National Sheep

Promotion, Research, and Information

Board

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule outlines the

procedures for determining the

eligibility of sheep producer

organizations, sheep feeder

organizations, and organizations of

importers of sheep and sheep products

to make nominations for appointment to

the National Sheep Promotion,

Research, and Information Board

(Board), and also outlines the

procedures for making such

nominations to the Board as provided

for in the Sheep Promotion, Research,

and Information Act of 1994. The Board

would administer an industry-funded

promotion, research and information

order authorized by the Act.

EFFECTIVE DATE: May 10, 1996.

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: Proposed Rule—Sheep and

Wool Promotion, Research, Education,

and Information Order (Order)

published June 2, 1995, (60 FR 28747).

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

proceedings in the district court.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), AMS has considered

the economic impact of this final action

on small entities. This rule pertains only

to (1) the procedures for establishing the

eligibility of organizations to nominate

sheep producers, sheep feeders and

importers of sheep and sheep products

for appointment to the Board; and (2)

the procedures for submitting such

nominations. AMS has determined that

this action will not have a significant

impact on a substantial number of small

entities.

Paperwork Reduction Act

In accordance with the Paperwork

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

Chapter 35), the information collection

requirements contained herein were

submitted to OMB for approval, and

were assigned OMB Number 0581–0093.

This action sets forth the procedures for

establishing the eligibility of

organizations to nominate sheep

producers, sheep feeders, and importers

of sheep and sheep products to the

initial Board, and the procedures for

submitting such nominations. The

information collection required by this

action and necessary for

implementation of these procedures

includes the following:

(1) An application for certification of

organization, to be completed by eligible

organizations that request certification

in order to be eligible to nominate

producers, feeders, or importers to the

Board. The estimated number of

respondents is 70 (with each

organization submitting one response),

and the estimated average reporting

burden is 0.5 hour per response;

(2) A nomination form by which

certified organizations will nominate

producers, feeders, or importers for

membership on the Board. The

estimated number of respondents is 60

for the first year of the Order and 20

each year thereafter. Each respondent

would submit one response per year,

and the estimated average reporting

burden is 0.5 hour per response; and

(3) An advisory committee

membership background information

form, to be completed by candidates

nominated by certified organizations for

appointment to the Board. The

estimated number of respondents is 240

during the first year of the Order and 80

each year thereafter. Each respondent

would submit one response per year,

and the estimated average reporting

burden is 0.5 hour per response.

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 would be funded by a

mandatory assessment on domestic

producers, feeders, and exporters of live

sheep and greasy wool of 1 cent per

pound on live sheep sold and 2 cents

per pound on greasy wool sold.

Importers would be assessed 1 cent per
21050 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations

pound 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 his or her

own production, and who markets the

processed products, would be assessed

the equivalent of 1 cent per pound of

live sheep sold or 2 cents per pound of

greasy wool sold. All assessments may

be adjusted in accordance with the

applicable provisions of the Act.

The Board would be comprised of 85

sheep producers, 10 feeders and 25

importers. The duties and

responsibilities of the Board would be

specified in the Order.

The Act provides that the Secretary

shall certify or otherwise determine the

eligibility of producer, feeder and

importer organizations to nominate

members to the Board to ensure that

nominees represent the interests of

sheep producers, sheep feeders and

importers of sheep and sheep products.

The Act also provides that States that

are represented by only 1 producer

member may have an alternate producer

member appointed to the Board to

ensure representation at Board

meetings. Certification procedures are

set forth in this final rule. The

certification of sheep producer

organizations will be based on a factual

report containing information required

by the Act, including but not limited to

(1) the geographic territory covered by

the active membership of the

organization; (2) the nature and size of

the active membership of the

organization, including the proportion

of the total number of active producers

represented by the organization; (3)

evidence of stability and permanency of

the organization; (4) sources from which

the operating funds of the organization

are derived; (5) the functions of the

organization; and (6) the ability and

willingness of the organization to

further the aims and objectives of the

Act. A primary consideration in

determining eligibility shall be whether

the membership of the organization

consists primarily of producers who

own a substantial quantity of sheep and

an interest of the organization is in the

production of sheep.

The certification of feeder and

importer organizations will also be

based on a factual report containing

information required by the Act. The

criteria for determining eligibility for

certification are (1) that the

organization’s active membership

includes a significant number of feeders

or importers in relation to the total

membership of the organization; (2) that

there is evidence of stability and

permanency of the organization; and (3)

that the organization has a primary and

overriding interest in representing the

feeder or importer segment of the sheep

industry.

The Secretary will have the authority

to require verification of any

information submitted to determine the

eligibility to nominate persons for

membership on the Board.

Information obtained by the Secretary

will be kept confidential, except that the

Secretary can release general statements

based upon data obtained from a

number of organizations.

The proposed certification and

nomination rule was published on June

2, 1995, in the Federal Register (60 FR

28747) as part of the proposed Sheep

and Wool Promotion, Research,

Education Information Order with a

request for public comments to be

submitted by July 17, 1995. The

Department received four written

comments concerning the proposed

certification and nomination procedures

from individual sheep producers and

sheep feeders and an importer

organization. The commenters generally

supported the proposed rule with

certain qualifications. One commenter

specifically supported the certification

and nomination process as published on

June 2, 1995.

The substantive changes suggested by

commenters are discussed below. Also,

the Department has made other minor

changes of a nonsubstantive nature for

purposes of clarity and accuracy

including clarification of § 1280.403 (a)

and (b) by changing references to ‘‘State

producer organizations’’ to read ‘‘sheep

producer organizations.’’ For the

reader’s convenience, the discussion is

organized by topic heading of the final

rule.

Section 1280.403 Certification of

Eligibility

One commenter stated that the

requirements for importer certification

described in section 1280.403(c) in the

proposed rule would not permit

importer organizations to be certified,

because most importer organizations do

not include (1) * * *a significant

number of importers in relation to the

total membership of the organization

* * * and (2) most organizations or

associations, would not meet the

requirement to have * * * a primary

and overriding interest in representing

the importer segment of the sheep

industry because of the diverse nature of

their membership. The commenter

suggests that the requirements be

clarified to permit any organization to

be certified as eligible to nominate

importers to the Board if it shows that

its membership includes importers of

sheep or sheep products who have an

interest in representing the importer

segment of the sheep industry. The Act

establishes the criteria for certifying

organizations as eligible to nominate

importers to the Board. The Department

will follow that criteria in certifying

organizations. If the Secretary does not

certify any importer organization, this

final rule permits the Secretary to use

alternative means to obtain importer

nominations for Board appointment.

Accordingly, we have not adopted this

suggestion.

One commenter suggested that section

1280.403(c)(1) in the proposed Order

should be clarified to ensure that only

sheep industry organizations that are

made up predominantly of feeders can

make feeder nominations. The Act

provides the criteria for the Secretary to

use in determining whether sheep

feeder organizations are eligible to

submit nominations for appointment to

the Board. The Act requires that (1) the

organization’s active membership

include a significant number of feeders

in relation to the total membership of

the organization; (2) there be evidence

of stability and permanency of the

organization; and (3) the organization

have a primary and overriding interest

in representing the feeder segment of

the sheep industry. The Department

believes that the commenter’s

suggestion would require an

organization to have a higher

concentration of feeders than the Act

requires in order to qualify for

certification and that this could reduce

the opportunity for some feeder

organizations to be certified.

Accordingly, we have not adopted this

suggestion.

Section 1280.409 Initial Board

Membership.

One commenter suggested that the

industry representatives on the Board be

elected by the members of each industry

segment rather than be appointed by the

Secretary, because the Secretary is

unfamiliar with the abilities of

individuals in the various industries.

The Act requires the Secretary to

appoint the Board. Furthermore, the

Department believes that the

certification and nomination process

would give the Secretary the

opportunity to appoint members who

best represent each industry segment

because certified organizations

comprised of members of those

segments will submit nominations for

appointment. The commenter also
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations 21051

suggested that the Board should be

realigned based on the sheep numbers

in and contributions made by each

industry segment. The Act establishes

the membership of the Board, which

consists of 85 producers, 10 feeders and

25 importers. The Act does not

authorize realignment of the Board to be

based on sheep numbers or

contributions made by each industry

segment. Accordingly, we have not

adopted these suggestions.

In summary, this final rule adopts

provisions of the proposed rule with

only minor changes made for purposes

of clarity and accuracy.

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

because (1) the Act requires

implementation of the Order if the

Order is approved by sheep and wool

industry; (2) the sheep and wool

industry approved the Order in the

February 6, 1996, referendum; (3) the

Secretary must appoint the initial Board

to administer the program. Because

these rules implement the certification

and nomination procedures for Board

appointments, this final rule should

become effective on the day following

the date of publication to permit the

Board to be appointed as quickly as

possible. Accordingly, no useful

purpose would be served in delaying

the effective date. Additionally, these

rules were published as part of a

proposed rule in the June 2, 1995,

Federal Register (60 FR 28747) and

interested persons were afforded a 30

day comment period on the proposed

certification and nomination

procedures. This final rule is effective

on the day following the date of

publication in the Federal Register.

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 amended

as follows:

PART 1280—SHEEP PROMOTION,

RESEARCH, AND INFORMATION

1. The authority citation for Part 1280

continues to read as follows:

Authority: 7 U.S.C. 7101–7111.

2. In Part 1280, Subpart C is added to

read as follows:

Subpart C—Procedures for Certification of

Organizations and Nominations of Sheep

Producers, Sheep Feeders and Importers of

Sheep and Sheep Products for Appointment

to the National Sheep Promotion, Research,

and Information Board

Sec.

1280.400 General.

1280.401 Definitions.

1280.402 Administration.

1280.403 Certification of eligibility.

1280.404 Application for certification.

1280.405 Review of certification.

1280.406 Notification of certification and

the listing of certified organizations.

1280.407 Solicitation of nominations for

appointment to the Board.

1280.408 Nominations of members for

appointment to the Board.

1280.409 Initial Board membership.

1280.410 Length of appointment to the

initial Board.

1280.411 Acceptance of appointment.

1280.412 Verification.

1280.413 Confidential treatment of

information.

1280.414 Paperwork Reduction Act

assigned number.

Subpart C—Procedures for

Certification of Organizations and

Nominations of Sheep Producers,

Sheep Feeders, and Importers of

Sheep and Sheep Products for

Appointment to the National Sheep

Promotion, Research, and Information

Board

§ 1280.400 General.

The Secretary shall determine which

organizations are certified as eligible to

nominate sheep producers and producer

alternates, sheep feeders, and importers

of sheep and sheep products (excluding

importers that import only raw wool),

for appointment to the Board. The

making and receiving of the

nominations shall be conducted in

accordance with this subpart and the

Order.

§ 1280.401 Definitions.

As used in this subpart:

(a) 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, enacted

October 22, 1994, and any amendments

thereto.

(b) The term Board means the

National Sheep Promotion, Research,

and Information Board.

(c) 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.

(d) The term Department means the

U.S. Department of Agriculture.

(e) The term feeder means any person

who feeds lambs until the lambs reach

slaughter weight.

(f) The term importer means any

person who imports sheep or sheep

products into the United States.

(g) The term Livestock and Seed

Division means the Livestock and Seed

Division of the Department’s

Agricultural Marketing Service.

(h) The term National feeder

organization means any organization of

feeders that has been certified by the

Secretary pursuant to the Act and this

part as being eligible to submit

nominations for membership on the

Board.

(i) The term person means any

individual, group of individuals,

partnership, corporation, association,

cooperative, or any other legal entity.

(j) The term producer means any

person, other than a feeder, who owns

or acquires ownership of sheep.

(k) The term raw wool means greasy

wool, pulled wool, degreased wool, or

carbonized wool.

(l) The term Secretary means the

Secretary of Agriculture of the United

States or any officer or employee of the

Department to whom authority has been

delegated, or to whom authority may be

delegated to act in the Secretary’s stead.

(m) The term sheep means ovine

animals of any age, including lambs.

(n) The term sheep products means

products produced in whole or in part

from sheep, including wool and

products containing wool fiber.

(o) The term State means each of the

50 States.

(p) The term unit means each State,

group of States or class designation that

is represented on the Board.

(q) The term United States means the

50 States and the District of Columbia.

(r) The term wool means the fiber

from the fleece of a sheep.

(s) The term wool products means

products produced, in whole or in part,

from wool and products containing

wool fiber.

§ 1280.402 Administration.

The Livestock and Seed Division shall

have the responsibility of administering

the provisions of this subpart.

§ 1280.403 Certification of eligibility.

(a) Sheep producer organizations.

Requirements for certification. The

Secretary shall certify any sheep

producer organization that the Secretary

determines meets the criteria

established under paragraphs (a) and (b)

of this section to be eligible for

certification to nominate producer

members and alternate producer

members to the Board. Certification for

sheep producer organizations shall be

based upon:
21052 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations

(1) The geographic territory covered

by the active membership of the

organization;

(2) The nature and size of the active

membership of the organization,

including the proportion of the total

number of active producers represented

by the organization;

(3) Evidence of stability and

permanency of the organization;

(4) Sources from which the operating

funds of the organization are derived;

(5) The functions of the organization;

and

(6) The ability and willingness of the

organization to further the aims and

objectives of the Act.

(b) Primary considerations. A primary

consideration in determining the

eligibility of a producer organization

under this paragraph shall be whether:

(1) The membership of the

organization consists primarily of

producers who own a substantial

quantity of sheep; and

(2) An interest of the organization is

in the production of sheep.

(c) Feeder and importer organizations.

Requirements for certification. The

Secretary shall certify any national

feeder organization and qualified

importer organization that the Secretary

determines meets the following criteria

as eligible to nominate feeders or

importers to the Board:

(1) The organization’s active

membership includes a significant

number of feeders or importers in

relation to the total membership of the

organization;

(2) There is evidence of stability and

permanency of the organization; and

(3) The organization has a primary

and overriding interest in representing

the feeder or importer segment of the

sheep industry.

(d) The Secretary may also consider

additional information that the

Secretary deems relevant and

appropriate. The Secretary’s

determination as to eligibility shall be

final.

§ 1280.404 Application for certification.

Any organization that meets the

eligibility criteria for certification

specified in § 1280.403 is entitled to

apply to the Secretary for certification of

eligibility to nominate sheep producers,

sheep feeders, or importers of sheep and

sheep products for appointment to the

Board. The Secretary may require thirdparty verification of information

submitted by organizations, in

determining their eligibility. To apply,

an organization must submit a

completed ‘‘Application for

Certification of Organization’’ form.

Copies may be obtained from the

Livestock and Seed Division; AMS–

USDA, Room 2606–S; P.O. Box 96456;

Washington, D.C. 20090–6456.

(Telephone: 202/720–1115)

§ 1280.405 Review of certification.

The Secretary may terminate or

suspend certification or eligibility of

any organization or association if it

ceases to comply with the certification

or eligibility criteria set forth in this

subpart. The Secretary may require

additional information in order to

ascertain whether the organization may

remain certified or eligible to make

nominations, and may require thirdparty verification of information

submitted by organizations in

determining their eligibility to continue

making nominations.

§ 1280.406 Notification of certification and

the listing of certified organizations.

Organizations shall be notified in

writing whether they are eligible to

nominate sheep producers, feeders, or

importers as members to the Board or

not. A copy of the certification or

eligibility determination shall be

furnished to certified organizations.

Copies shall also be available for

inspection in the Livestock and Seed

Division.

§ 1280.407 Solicitation of nominations for

appointment to the Board.

In general, as soon as practicable after

this subpart becomes operational, the

Secretary shall solicit and obtain

nominations for appointment to the

initial Board from certified producer,

feeder, and importer organizations.

(a) Initially established board. (1)

Producer and alternate nominations.

The Secretary shall solicit from

organizations certified under § 1280.403

(a) and (b) nominations for each

producer or alternate member seat on

the initially established Board to which

a unit is entitled. If no such organization

exists, the Secretary shall solicit

nominations for appointments in such

manner as the Secretary determines

appropriate.

(2) Feeder and importer nominations.

The Secretary shall solicit, from

organizations certified under

§ 1280.403(c), nominations for each

feeder or importer member on the

initially established Board to which a

unit is entitled. If no such organization

exists, the Secretary shall solicit

nominations for appointment in such

manner as the Secretary determines is

appropriate.

(b) [Reserved]

§ 1280.408 Nomination of members for

appointment to the Board.

(a) In general. All nominations to the

Board shall be made in the following

manner:

(1) Producers. The Secretary shall

appoint sheep producer and alternate

members to represent units as specified

under § 1280.409 (a) and (b) of this

subpart, from nominations submitted by

organizations certified under

§ 1280.403. A certified organization may

only submit nominations for producer

representatives and alternates, if

appropriate, from the membership of the

organization for the unit in which the

organization operates. To be represented

on the Board, each certified organization

must submit to the Secretary at least 1.5

nominations for each seat on the Board

for which the unit is entitled to

representation. If a unit is entitled to

only one seat on the Board, the unit

shall submit at least two nominations

for the appointment. If a producer

member and a producer alternate

member are to be appointed to represent

the unit, at least three nominations must

be submitted for the two positions.

(2) Feeders. The Secretary shall

appoint representatives of the feeder

sheep industry to seats established

under § 1280.409(c), from nominations

submitted by qualified national

organizations certified under § 1280.403

that represent the feeder sheep industry.

To be represented on the Board, the

industry shall provide at least 1.5

nominations for each appointment to

the Board for which the feeder sheep

industry is entitled to representation.

(3) Importers. The Secretary shall

appoint importers to seats established

under § 1280.409(d) from nominations

submitted by qualified organizations

certified under § 1280.403 that represent

importers of sheep and sheep products.

To be represented on the Board, the

industry shall provide at least 1.5

nominations for each appointment to

the Board for which importers are

entitled to representation.

(4) After the establishment of the

initial Board, the Department shall

announce when a vacancy does or will

exist. The Secretary will solicit

nominations for subsequent

appointments, and the Board will secure

the nominations from certified producer

organizations. Certified feeder and

importer organizations shall submit the

names of feeder and importer nominees

directly to the Secretary. Nominations

should be initiated not less than 6

months before the expiration of the

terms of the members whose terms are

expiring, in the manner described in

this section. In the case of vacancies

caused by the death, removal,
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations 21053

resignation, or disqualification of any

member of the Board, the Secretary will

appoint a successor from the most

recent list of nominations for the

position, from nominations submitted

by the Board for producers or from

certified feeder or importer

organizations, for feeders and importers.

(5) Where there is more than one

eligible organization that represents

producers in a State or unit, or

represents feeders, or importers, they

may caucus and jointly nominate

qualified persons for each position

representing that State or unit on the

Board for which a producer, feeder or

importer member is to be appointed. If

they cannot agree on any such

nominations, or if no caucus is held,

each eligible producer, feeder or

importer organization may submit to the

Secretary nominations for each seat on

the Board for which the unit is entitled

to representation. If a unit is entitled to

only one seat on the Board, the unit

shall submit at least two nominations

for the appointment to represent that

unit.

(6) Nominations should be submitted

in order of preference and, for the initial

Board, in order of preference for

staggered terms. If the Secretary rejects

any nominations submitted and there

are insufficient nominations submitted

from which appointments can be made,

the Secretary may request additional

nominations under paragraphs (a), (b),

or (c) of this section.

(b) Official nomination forms. A

‘‘Nomination for Appointment to the

National Sheep Promotion, Research,

and Information Board’’ must be used to

nominate producers, feeders, or

importers for appointment to the Board.

An ‘‘Advisory Committee Membership

Background Information’’ form must be

completed by each nominee listed on

the ‘‘Nomination for Appointment to the

National Sheep Promotion, Research,

and Information Board’’ form and must

be attached to that form. Official

nomination forms and additional

information on nominations are

available from the Marketing Programs

Branch; Livestock and Seed Division;

AMS–USDA, Room 2606–S; P.O. Box

96456; Washington, D.C. 20090–6456

(Telephone: 202/720–1115).

(c) The Secretary may reject any

nomination submitted under paragraph

(a) of this section. If there are

insufficient nominations from which to

appoint members to the Board because

the Secretary rejected the nominations

submitted by a State or unit, the State

or unit shall submit additional

nominations, as provided in paragraph

(a) of this section.

§ 1280.409 Initial Board membership.

(a) Base membership. The number of

producer members appointed to the

Board from each State or unit shall be

allocated.

Alabama 1; Alaska 1; Arizona 1;

Arkansas 1; California 5; Colorado 4;

Connecticut 1; Delaware 1; Florida 1;

Georgia 1; Hawaii 1; Idaho 2; Illinois 1;

Indiana 1; Iowa 2; Kansas 1; Kentucky

1; Louisiana 1; Maine 1; Maryland 1;

Massachusetts 1; Michigan 1; Minnesota

2; Mississippi 1; Missouri 1; Montana 5;

Nebraska 1; Nevada 1; New Hampshire

1; New Jersey 1; New Mexico 2; New

York 1; North Carolina 1; North Dakota

2; Ohio 1; Oklahoma 1; Oregon 2;

Pennsylvania 1; Rhode Island 1; South

Carolina 1; South Dakota 4; Tennessee

1; Texas 10; Utah 3; Vermont 1; Virginia

1; Washington 1; West Virginia 1;

Wisconsin 1; and Wyoming 5.

(b) Alternate members. A unit

represented by only one producer

member may have an alternate producer

member appointed to ensure

representation at meetings of the Board.

(c) Feeders. The feeder sheep industry

shall be represented by ten members.

(d) Importers. Importers shall be

represented by 25 members.

§ 1280.410 Length of appointment to the

initial Board.

When the Secretary appoints the

members to the initial Board, the

Secretary shall also specify the term of

office for each member. To the extent

practicable, one-third of the members

shall serve for one year, one-third shall

serve for two years, and one-third shall

serve for three years. No person may

serve more than two consecutive three

year terms, except that elected officers

shall not be subject to the term

limitation while they hold office.

§ 1280.411 Acceptance of appointment.

Producers, feeders and importers

nominated to the Board must confirm in

writing their intention to serve if

appointed, to disclose any relationship

with any organization that operates a

qualified State or regional program or

has a contractual relationship with the

Board and to withdraw from

participation in deliberations, decisionmaking, or voting on matters that

concern such disclosed relationships.

§ 1280.412 Verification.

The Secretary shall have the right to

examine at any time the books,

documents, papers, records, files, and

facilities of nominating units as the

Secretary deems necessary to verify the

information submitted and to procure

such other information as may be

required to determine whether the unit

is eligible to nominate sheep producers,

feeders, or importers for appointment to

the Board.

§ 1280.413 Confidential treatment of

information.

All documents submitted in

accordance with this subpart shall be

kept confidential by all employees of

the Department. Nothing in this section

shall be deemed to prohibit the

disclosure of such information so

furnished or acquired as the Secretary

deems relevant and then only in the

issuance of general statements based

upon the reports of a number of persons

subject to the Order or statistical data

collected therefrom, when such a

statement or data does not identify the

information furnished by any one

person.

§ 1280.414 Paperwork Reduction Act

assigned number.

The control number assigned to the

information collection requirements in

part 1280 by OMB pursuant to the

Paperwork Reduction Act of 1980 is

OMB 0581–0093.

Dated: May 2, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96–11532 Filed 5–8–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1280

[No. LS–95–010]

Sheep Promotion Research, and

Information Program: Rules and

Regulations

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule implements

provisions of a Sheep and Wool

Promotion, Research, Education, and

Information Order (Order), which will

establish a national, industry-funded

sheep and wool promotion, research,

and information program. This final rule

establishes the collection and

remittance process, puts into effect the

reporting requirements, identifies and

establishes the Harmonized Tariff

Schedule (HTS) classification numbers,

conversion factors, and assessment rates

for imported sheep, sheep meat, wool,

and wool products subject to

assessment, establishes procedures for

calculating, collecting, and remitting

assessments on imported sheep, sheep

meat, wool, and wool products and

establishes the basis for excluding

certain imported sheep and sheep

products from assessment. Because the