[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
Federal Register
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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.
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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.
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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
