Unknown. Final rule and notice of referenda

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-03-05.xml --- 67 43 Tuesday, March 5, 2002 Contents Agricultural Agricultural Marketing Service RULES Tobacco inspection: Mandatory grading; producer referenda, 9895-9897 02-5228 Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Florida Food Products, Inc., 9952 02-5200 Washington State University Research Foundation, 9952 02-5199 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities:

Proposed collection; comment request, 9952-9953 02-5198 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Microsoft Corp., 9984-9985 02-5147 Centers Centers for Medicare & Medicaid Services PROPOSED RULES State Children's Health Insurance Program: Allotments and grants to States— Prenatal care for unborn children; eligibility, 9936-9939 02-5217 NOTICES Privacy Act: Systems of records, 9974-9980 02-5140 Coast Guard Coast Guard PROPOSED RULES Commercial vessels; liferaft servicing intervals, 9939-9945 02-5211 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 9954 02-5231 9954 02-5232 Corporation Corporation for National and Community Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 9962 02-5131 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* CHM Wholesale Co., 9985-9986 02-5224 Denver Wholesale, 9986-9987 02-5221 Epps, Daniel E., Jr., 9987-9988 02-5223 ISP Freetown Fine Chemicals, 9988-9989 02-5218 North American Group, 9989-9991 02-5219 Paragon Associates, 9991-9993 02-5227 Performance Construction, Inc., 9993-9994 02-5226 State Petroleum, Inc., 9994-9995 02-5225 Transtar Distributors, Inc., 9995-9997 02-5220 Yemen Wholesale Tobacco & Candy Supply, Inc., 9997-9998 02-5222 Education Education Department PROPOSED RULES Elementary and secondary education:

Improving academic achievement of disadvantaged children; negotiated rulemaking process; meeting Correction, 9935-9936 02-5256 NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Burn Model Systems Projects and Burn Data Center, 10087-10091 02-5229 Traumatic Brain Injury Model Systems Program, 10093-10097 02-5230 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Meetings:

High Energy Physics Advisory Panel, 9962-9963 02-5192 International Energy Agency Industry Advisory Board, 9963-9964 02-5201 Energy Energy Information Administration NOTICES Meetings: American Statistical Association Committee on Energy Statistics, 9964-9965 02-5191 EPA Environmental Protection Agency NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 9970-9971 02-5183 Submission for OMB review; comment request, 9971-9972 02-5184 Air pollution control:

Citizens suits; proposed settlements— American Foundrymen's Society et al., 9972-9973 02-5189 Meetings: Environmental Laboratory Advisory Board, 9973 02-5186 Superfund; response and remedial actions, proposed settlements, etc.: Carroll & Dubies Site, NY, 9973 02-5188 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration NOTICES Airport noise compatibility program: Noise exposure maps— Lake Charles Regional Airport, LA, 10036-10037 02-5214 Meetings:

RTCA, Inc., 10037-10038 02-5212 10038 02-5213 FBI Federal Bureau of Investigation NOTICES Agency information collection activities: Submission for OMB review; comment request, 9998-9999 02-5150 FCC Federal Communications Commission RULES Radio stations; table of assignments: Colorado and Wyoming, 9925 02-5162 Texas, 9925 02-5163 PROPOSED RULES Radio and television broadcasting: Noncommercial educational broadcast stations applicants; comparative standards reexamination, 9945-9951 02-5165 NOTICES Meetings:

Network Reliability and Interoperability Council; correction, 9973-9974 02-5255 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities: Submission for OMB review; comment request, 9974 02-5159 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Woronoco Hydro, LLC, 9967 02-5173 Hydroelectric applications, 9967-9968 02-5172 Meetings: Better stakeholder involvement: How to make it work; workshop, 9968-9970 02-5168 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 9965 02-5171 Constellation Power Source, Inc., 9965-9966 02-5170 Gulf South Pipeline Co., LP, 9966 02-5174 Natural Gas Pipeline Co. of America, 9966 02-5175 PG&E National Energy Group et al., 9966 02-5169 Tennessee Gas Pipeline Co., 9966-9967 02-5176 Viking Gas Transmission Co., 9967 02-5177 Federal Highway Federal Highway Administration NOTICES Meetings:

Intelligent Transportation Society of America, 10038 02-5156 Federal Housing Federal Housing Finance Board RULES Practice and procedure: Administrative enforcement activities; hearings on record, 9897-9919 02-5094 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 9974 02-5197 FTC Federal Trade Commission RULES Industry guides: Household furniture industry; guides rescinded, 9923-9924 02-5126 New automobiles; fuel economy advertising, 9924 02-5125 Rebuilt, reconditioned, and other used automobile parts industry, 9919-9923 02-5127 Forest Forest Service NOTICES Boundary establishment, descriptions, etc.:

Big Sur, Sisquoc, and Sespe National Wild and Scenic Rivers, Los Padres National Forest, CA, 9953 02-5215 Organization, functions, and authority delegations: Forest Supervisors, Eastern Region, 9954 02-5148 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See Public Health Service See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Meetings:

Health Professions and Nurse Education Special Emphasis Panels; correction, 9980 02-5132 Nurse Education and Practice National Advisory Council, 9980 02-5161 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 9999-10000 02-5196 Submission for OMB review; comment request, 10000 02-5195 Interior Interior Department See Minerals Management Service See National Park Service NOTICES Watches and watch movements; allocation of duty-exemptions:

Virgin Islands, 9961 02-5210 IRS Internal Revenue Service PROPOSED RULES Income taxes: Corporate statutory mergers and consolidations; definition; hearing cancelled, 9929 02-5235 Procedure and administration: Damages caused by unlawful tax collection actions; civil cause of action, 9929-9934 02-5113 International International Trade Administration NOTICES Agency information collection activities: Proposed collection; comment request, 9954-9955 02-5180 9955-9956 02-5181 Antidumping:

Cold-rolled carbon steel flat products from— Netherlands, 9956-9957 02-5209 Large newspaper printing presses and components, assembled or unassembled, from— Germany, 9957-9959 02-5207 Sebacic acid from— China, 9959-9960 02-5205 Stainless steel plate in coils from— Italy, 9960 02-5206 Stainless steel sheet and strip in coils from— Italy, 9960-9961 02-5208 Watches and watch movements; allocation of duty-exemptions: Virgin Islands, 9961 02-5210 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Federal Bureau of Investigation See Immigration and Naturalization Service See Justice Programs Office NOTICES Meetings;

Sunshine Act, 9984 02-5237 Justice Justice Programs Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 10000-10001 02-5149 Meetings: Global Justice Information Network Federal Advisory Committee, 10001 02-5153 Labor Labor Department See Occupational Safety and Health Administration Minerals Minerals Management Service NOTICES Outer Continental Shelf; oil, gas, and sulphur operations:: Industry Awards Program and Luncheon, 9983 02-5139 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 10001-10004 02-5136 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards:

Tires; performance requirements, 10049-10085 02-5151 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Program and Hampton University; Technology Conference, 9961-9962 02-5236 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Sablefish, 9928 02-5233 National Park National Park Service NOTICES Environmental statements; notice of intent:

Washington-Rochambeau Revolutionary Route, RI et al., 9983-9984 02-5234 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 10004 02-5238 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 10004-10005 02-5179 Submission for OMB review; comment request, 10005-10006 02-5178 Meetings; Sunshine Act, 10006 02-5272 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 10006-10022 02-5000 Occupational Occupational Safety and Health Administration PROPOSED RULES Safety and health standards:

Tuberculosis; occupational exposure, 9934-9935 02-5160 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents ADMINISTRATIVE ORDERS Narcotics and drugs: Certification for major illicit drug producing and drug transit countries (Presidential Determination No. 2002-07 of February 23, 2002), 9889-9893 02-5331 Public Public Health Service See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration NOTICES National Toxicology Program:

Center for Evaluation of Risks to Human Reproduction— Ethylene glycol and propylene glycol; expert panel evaluation, 9980-9981 02-5138 Research Research and Special Programs Administration RULES Hazardous materials: Hazardous Substances and Reportable Quantities List; revisions, 9926-9927 02-5089 NOTICES Agency information collection activities: Proposed collection; comment request, 10038-10039 02-4479 10039-10040 02-4480 10040 02-4481 Submission for OMB review; comment request, 10040-10041 02-4477 10041-10042 02-4478 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Exemption applications— Vantagepoint Funds et al., 10023-10026 02-5146 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 10026-10028 02-5143 Chicago Stock Exchange, Inc., 10028-10029 02-5144 Philadelphia Stock Exchange, Inc., 10029-10032 02-5145 Social Social Security Administration NOTICES Privacy Act: Computer matching programs, 10032-10033 02-5133 State State Department NOTICES Cultural property: Mali; archaeological material from Niger River Valley and Bandiagara Escarpment; import restrictions; memorandum of understanding, 10033 02-5204 International Traffic in Arms regulations; statutory debarment, 10033-10034 02-5202 Meetings:

Cultural Property Advisory Committee, 10034-10035 02-5203 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 9981-9983 02-5164 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Dallas Area Rapid Transit, 10042 02-5216 Railroad services abandonment: Delaware & Hudson Railway Co., 10043 02-4927 TVA Tennessee Valley Authority RULES Lobbying; new restrictions:

Civil monetary penalties; inflation adjustments, 9924-9925 02-5014 Trade Trade Representative, Office of United States NOTICES Meetings: Trade and Environment Policy Advisory Committee, 10035 02-5166 World Trade Organization: India and U.S.; consultations regarding rules of origin for textiles and apparel products, 10035-10036 02-5137 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Agency information collection activities:

Submission for OMB review; comment request, 10043-10045 02-5155 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 10046 02-5141 10046 02-5142 Veterans Veterans Affairs Department NOTICES Meetings: Special Medical Advisory Group, 10046 02-5135 Women Veterans Advisory Committee, 10047 02-5167 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 10049-10085 02-5151 Part III Education Department, 10087-10091 02-5229 Part IV Education Department, 10093-10097 02-5230 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 43 Tuesday, March 5, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 29 [Docket No. TB-02-03] Tobacco Inspection; Producer Referenda on Mandatory Grading AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule and notice of referenda. SUMMARY: This rule establishes procedures which the U.S. Department of Agriculture

(USDA)will use in conducting a referenda among producers of each kind of tobacco that is eligible for price support to determine whether they favor mandatory grading of that kind of tobacco. Currently, tobacco that is not sold at auction is not subject to mandatory grading. DATES: *Effective Date:* March 6, 2002. *Referenda Dates:* The voting periods for the producer referenda will be March 11-15, 2002, for flue-cured tobacco, types 11, 12, 13, 14; and burley tobacco, type 31; and March 18-22, 2002, for Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; dark air-cured tobacco, types 35 and 36; and cigar filler and binder tobacco, types 42, 43, 53, 54, and 55. FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy Administrator, Tobacco Programs, Agricultural Marketing Service (AMS), United States Department of Agriculture (USDA), STOP 0280, 1400 Independence Avenue, SW, Washington, DC 20250-0280; telephone number

(202)205-0567. SUPPLEMENTARY INFORMATION: Section 759 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for 2002 (Public Law 107-76) (Appropriations Act) requires USDA to conduct referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 *et seq.* ) to determine whether a majority of producers of a kind of tobacco voting in the referendum favor the mandatory grading of that kind of tobacco. The referenda should be conducted by March 31, 2002. If a majority of the producers voting in a referendum favor the mandatory grading of that kind, USDA is directed to ensure that the kind of tobacco is graded at the time of sale for the 2002 and subsequent marketing years. The USDA is also directed to establish user fees for any such inspections. To the maximum extent practicable, these fees would be established in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act (7 U.S.C. 511 *et seq.* ). Regulations for tobacco inspection, including fees and charges, appear in Subpart B of 7 CFR part 29. The USDA published in the **Federal Register** on February 1, 2002 (67 FR 4926) a proposed rule to establish procedures for referenda among producers of each kind of tobacco that is eligible for price support to determine whether they favor the mandatory grading of that kind of tobacco. The USDA requested comments on the proposal which expired on February 11, 2002. One comment was received from a major tobacco manufacturing company. This respondent stated that a copy of a sample ballot indicates that a grower only votes “yes” or “no” for mandatory grading and that the ballot does not notify the grower that user fees for grading which would be a consequence of the referendum passing. AMS does not believe that the ballot is the appropriate place for notices of this kind. Tobacco producers will, of course, be informed that if mandatory grading is adopted, user fees will be established for non-auction inspections and that these fees would be established in the same manner and be comparable to user fees for the grading of tobacco sold at auction. These fees are chargeable to the grower consigning the tobacco for sale. The respondent also stated that only growers who would directly pay the mandatory grading fees should be eligible to vote in the referenda. Such a limitation, however, is not permissible under the statute, which provides that the referenda shall be conducted among tobacco producers. Provisions are included for the method of conducting the referendum, eligibility for voting, a one vote limitation, form and distribution of ballots, filing and tabulation of ballots, and confidentiality. As provided for in the Appropriations Act, separate referenda will be conducted among the producers of each kind of tobacco eligible for price support. These kinds are flue-cured tobacco, types 11, 12, 13, 14; Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; dark air-cured tobacco, types 35 and 36; burley tobacco, type 31; and cigar filler and binder tobacco, types 42, 43, 53, 54, and 55, as set forth at 7 CFR 1464.2. Producers of each kind of tobacco will be eligible to vote in the referendum for that kind. Under USDA's price support program, periodic referenda are conducted among producers of specific commodities, including tobacco, to determine whether they favor the continuation of quotas. Voting eligibility is governed by 7 CFR 717.3. This final rule will follow those provisions as they apply to tobacco producers and will determine eligibility to vote in the same or similar way. In general, the persons eligible to vote in a referendum for a particular kind of tobacco would be the farmers engaged in the production of the crop of such tobacco harvested in the immediately preceding crop-year prior to the holding of the referendum. This includes any person who is entitled to share in a crop of the commodity, or the proceeds thereof because he or she shares in the risks of production of the crop as an owner, landlord, tenant, or sharecropper, but would not include a landlord whose return from the crop is fixed regardless of the amount of the crop produced. This rule will administer the Appropriations Act requirements in accordance with USDA voting procedures with which the affected producers are familiar. The AMS Mandatory Grading Referenda program, producer eligibility, and procedural requirements will be governed by 7 CFR part 717, Holding of Referenda, and the definitions contained in §§ 718.2 and 723.104 of that same chapter which govern USDA, Farm Service Agency

(FSA)referenda for tobacco producer quotas. This avoids development of redundant requirements, besides, quota holders are familiar with these procedures. A copy of these regulations, a referendum ballot, and voting procedures are available for review in any USDA Service Center. This final rule establishes procedures for conducting the producer referenda. The voting periods for the producer referenda will be March 11-15, 2002, for flue-cured tobacco, types 11, 12, 13, 14; and burley tobacco, type 31; and March 18-22, 2002, for Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; dark air-cured tobacco, types 35 and 36; and cigar filler and binder tobacco, types 42, 43, 53, 54, and 55. 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 rule until 30 days after publication in the **Federal Register** in order to fulfill the requirements of the statute that the referenda be conducted by March 31, 2002. Executive Order 12866 and 12988 This 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. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. The rule will not exempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act In conformance with the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), consideration has been given to the potential economic impact upon small business. There are approximately 450,000 tobacco producers who would be eligible to vote in the referenda. Pursuant to criteria established under the Regulatory Flexibility Act, most of the tobacco producers would be considered small entities. This rule will not substantially affect tobacco growers. Voting in the referendum is voluntary. As discussed in the following section on the Paperwork Reduction Act, the public reporting burden is minimal, an estimated 5 minutes per response. Voting will be conducted by mail. The overall impact of this rule should be minimal on tobacco growers because this rule provides for referenda procedures only and relies on, to a great extent, existing procedures. Accordingly, it has been determined that this rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act The information collections will be carried out using the referenda procedures of the Farm Service Agency and Form FSA MQ-5, Referendum Ballot. This rule will add no additional burden to that currently approved by OMB and assigned OMB Control Number 0560-0182 under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 35). List of Subjects in 7 CFR Part 29 Administrative practice and procedure, Advisory committees, Government publications, Imports, Pesticides and pests, Reporting and recordkeeping procedures, Tobacco. Accordingly, 7 CFR part 29 is amended as follows: PART 29—TOBACCO INSPECTION Subpart B—Regulations 1. The authority citation for subpart B is revised to read as follows: Authority: 7 U.S.C. 511m and 511r. Section 29.74a is also issued under sec. 759, Pub. L. 107-76, 115 Stat. 741 (7 U.S.C. 511s). 2. A new § 29.74a is added to read as follows: § 29.74a Producer referenda on mandatory grading. (a)(1) *Method of conducting.* Referenda shall be conducted among producers who were engaged in the production of the following types of tobacco harvested in the immediately preceding crop year: flue-cured tobacco, types 11, 12, 13, 14; Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; dark air-cured tobacco, types 35 and 36; burley tobacco, type 31; and cigar filler and binder tobacco, types 42, 43, 53, 54, and 55. A referendum will be conducted for each kind of tobacco and the results will apply to each individual kind. A producer is eligible to vote in referenda for each kind of tobacco they produce.

(2)*Farmers engaged in the production of tobacco.* For purposes of the referenda, persons engaged in the production of tobacco includes any person who is entitled to share in a crop of the tobacco or the proceeds thereof because he or she shares in the risks of production of the crop as an owner, landlord, tenant, or sharecropper (a landlord whose return from the crop is fixed regardless of the amount of the crop produced is excluded) on a farm on which such crop is planted in a workmanlike manner for harvest: Provided, That any failure to harvest the crop because of conditions beyond the control of such person shall not affect his or her status as a person engaged in the production of the crop. In addition, persons engaged in the production of tobacco also includes each person who it is determined would have had an interest as a producer in the crop on a farm for which a farm allotment under the quota program (7 CFR part 723, subpart B) for the crop was established and no acreage of the crop was planted but an acreage of the crop was regarded as planted for history acreage purposes under the applicable Farm Service Agency commodity regulations of the Department of Agriculture.

(3)*One vote limitation.* Each person eligible to vote in a particular referendum shall be entitled to only one vote in such referendum regardless of the number of farms in which such person is interested or the number of communities, counties, or States in which farms are located in which farms such person is interested: Provided, That:

(i)The individual members of a partnership shall each be entitled to one vote, but the partnership as an entity shall not be entitled to vote;

(ii)An individual eligible voter shall be entitled to one vote even though he or she is interested in an entity (including but not limited to a corporation) which entity is also eligible to vote;

(iii)A person shall also be entitled to vote in each instance of his or her capacity as a fiduciary (including but not limited to a guardian, administrator, executor or trustee) if in such fiduciary capacity he or she is eligible to vote but the person for whom he or she acts as a fiduciary shall not be eligible to vote.

(4)*Joint and family interest.* Where several persons, such as members of a family, have participated or will participate in the production of tobacco under the same lease or cropping agreement, only the person or persons who signed the lease or agreement, or agreed to an oral lease or agreement, shall be eligible to vote. Where two or more persons have produced or will produce tobacco as joint tenants, tenants in common, or owners of community property, each such person shall be entitled to one vote if otherwise eligible. The eligibility of one spouse does not affect the eligibility of the other spouse.

(5)*Minors.* A minor shall be entitled to one vote if he or she is otherwise eligible and is 18 years of age or older when he or she votes.

(6)*Interpretation.* In the case of tobacco on a farm where no acreage of tobacco is actually planted but an acreage of the commodity is regarded as planted under applicable regulations of the Department of Agriculture, persons on the farm who it is determined would have had an interest in the commodity as a producer if an acreage of the commodity had been actually planted shall be eligible to vote in the referendum.

(b)*Referenda procedures.* See part 717 of chapter VII of this title for eligibility criteria and the procedures to be used in carrying out mandatory grading referenda. Where not inconsistent with this part, the definitions contained in parts 717, 718 and 723 of this title will govern administration of these referenda. A copy of the regulations in parts 717, 718, and 723 of this title, a referendum ballot, and voting procedures are available for review in any USDA Service Center. Dated: February 28, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-5228 Filed 3-1-02; 10:49 am]

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