`[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Rules and Regulations]
[Pages 21049-21053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11532]



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

[[Page 21049]]



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

[[Page 21050]]

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 Sec. 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

[[Page 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


Sec. 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.


Sec. 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.


Sec. 1280.402  Administration.

    The Livestock and Seed Division shall have the responsibility of 
administering the provisions of this subpart.


Sec. 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:

[[Page 21052]]

    (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.


Sec. 1280.404  Application for certification.

    Any organization that meets the eligibility criteria for 
certification specified in Sec. 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 third-party 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)


Sec. 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 third-party verification of information 
submitted by organizations in determining their eligibility to continue 
making nominations.


Sec. 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.


Sec. 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 Sec. 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 Sec. 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]


Sec. 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 Sec. 1280.409 
(a) and (b) of this subpart, from nominations submitted by 
organizations certified under Sec. 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 Sec. 1280.409(c), from 
nominations submitted by qualified national organizations certified 
under Sec. 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 Sec. 1280.409(d) from nominations submitted by 
qualified organizations certified under Sec. 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,

[[Page 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.


Sec. 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.


Sec. 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.


Sec. 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, decision-making, 
or voting on matters that concern such disclosed relationships.


Sec. 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.


Sec. 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.


Sec. 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`