Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-09-10.xml --- 75 175 Friday, September 10, 2010 Contents Agency Agency for Healthcare Research and Quality NOTICES Request for Nominations for AHRQ Study Section Members, 55333-55334 2010-22544 Agricultural Agricultural Marketing Service RULES Egg Research and Promotion Order: Referendum Procedures, 55255-55257 2010-22644 PROPOSED RULES Egg Research and Promotion Order and Regulations: Amendment to Increase Rate of Assessment and Referendum Order, 55292-55295 2010-22643 Agriculture Agriculture Department See Agricultural Marketing Service Army Army Department NOTICES Environmental Impact Statements;

Availability, etc.: Grow the Army Actions at Fort Lewis and Yakima Training Center (YTC), WA, 55313 2010-22677 Growth, Realignment, and Stationing of Army Aviation Assets, 55312 2010-22658 Record of Decision: Conversion of 3rd Armored Cavalry Regiment (3rd ACR) to Stryker Brigade Combat Team

(SBCT)at Fort Hood, TX, 55313-55314 2010-22681 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Health, 55333 2010-22594 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55329-55331 2010-22592 2010-22593 Coast Guard Coast Guard RULES Safety Zones: Mississippi River, Mile 212.0 to 214.5, 55272-55274 2010-22580 NASSCO Launching of USNS Washington Chambers, San Diego Bay, San Diego, CA, 55270-55272 2010-22578 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 55309-55310 2010-22621 Commodity Commodity Futures Trading Commission RULES Regulation of Off-Exchange Retail Foreign Exchange Transactions and Intermediaries, 55410-55452 2010-21729 NOTICES Performance of Registration Functions by National Futures Association with Respect to Retail Foreign Exchange Dealers, etc., 55310-55312 2010-21726 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 55312 2010-22780 Defense Defense Department See Army Department Education Education Department NOTICES Meetings: Advisory Committee on Student Financial Assistance, 55314 2010-22545 Election Election Assistance Commission NOTICES Charter Renewals: Technical Guidelines Development Committee, 55314-55315 2010-22536 Meetings; Sunshine Act, 55315 2010-22692 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55357-55359 2010-22581 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Change of Address for Region 5 State and Local Agencies; Technical Correction, 55274-55277 2010-22330 Outer Continental Shelf Air Regulations Consistency Update for California, 55277-55280 2010-22471 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2011 Drinking Water Infrastructure Needs Survey and Assessment, 55324-55326 2010-22642 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 55326 2010-22617 Proposed Administrative Settlements Pursuant to CERCLA, 55326-55327 2010-22641 Requests to Voluntarily Amend Registrations to Terminate Certain Uses: Tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione (Dazomet), 55327-55329 2010-22482 FAA Federal Aviation Administration RULES Airspace Designations; Incorporation By Reference, 55267-55269 2010-22564 NOTICES Meetings: Aviation Rulemaking Advisory Committee, 55393-55394 2010-22631 Petitions for Exemptions; Summary of Petition Received, 55394 2010-22595 Requests To Release Airport Property: Air Park South Airport (2K2), Ozark, MO, 55401-55402 2010-22541 Requests to Release Airport Property: Dallas/Fort Worth International Airport, DFW Airport, Texas, 55401 2010-22542 FCC Federal Communications Commission PROPOSED RULES Further Inquiry into Two Under-Developed Issues in the Open Internet Proceeding, 55297-55300 2010-22629 Federal Election Federal Election Commission RULES Definition of Federal Election Activity, 55257-55267 2010-22648 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 55280-55286 2010-22586 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for the Site Inspection and Landowners Authorization/Ingress-Egress Agreement, 55339-55340 2010-22582 Recovery Fact Sheets; Availability, etc.: Mold Remediation, 55340-55341 2010-22587 Recovery Policies; Availability , etc.: Debris Operation, Hand-Loaded Trucks and Trailers, 55341 2010-22584 Recovery Policies; Availability, etc.: Mutual Aid Agreements for Public Assistance and Fire Management Assistance, 55341-55342 2010-22585 Federal Energy Federal Energy Regulatory Commission NOTICES Amended Designations of Commission Staff as Non-decisional, 55315 2010-22513 Amended Designations of Commission Staff as Non-Decisional, 55315 2010-22514 Applications: Central Vermont Public Service Corp., 55317 2010-22516 FirstLight Hydro Generating Company, City of Norwich Department of Public Utilities, 55317-55318 2010-22515 Rentricity, Inc., 55316 2010-22517 Combined Filings, 55318-55322 2010-22600 2010-22601 Complaints: Jeffers South, LLC v. Midwest Independent Transmission System Operator, Inc, 55323 2010-22512 Environmental Assessments; Availability, etc.: Ha-Best, Inc., 55323 2010-22272 Petitions for Declaratory Orders: Alta Wind Holdings, LLC, 55323-55324 2010-22511 Requests Under Blanket Authorizations: Columbia Gas Transmission, LLC, 55324 2010-22510 FMC Federal Maritime Commission NOTICES Ocean Transportation Intermediary License; Reissuances, 55329 2010-22553 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 55329 2010-22700 Federal Railroad Federal Railroad Administration NOTICES Program for Capital Grants for Rail Line Relocation and Improvement Projects, 55394-55401 2010-22652 FTC Federal Trade Commission RULES Telemarketing Sales Rule Fees, 55269 2010-22197 Food Food and Drug Administration NOTICES Determination of Regulatory Review Period for Purposes of Patent Extensions: SAPHRIS, 55331-55332 2010-22519 ULORIC, 55332-55333 2010-22521 Withdrawal of Approval of Five New Drug Applications: Schmid Laboratories, Inc. et al., 55334-55335 2010-22603 Foreign Foreign-Trade Zones Board NOTICES Reorganizations under Alternative Site Framework: Foreign-Trade Zone 170, Jeffersonville, IN, 55309 2010-22668 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency PROPOSED RULES Privacy Act; Implementation of Exceptions: Information Sharing Environment Suspicious Activity Reporting Initiative System of Records, 55290-55292 2010-22639 NOTICES Privacy Act; Systems of Records, 55335-55339 2010-22636 Housing Housing and Urban Development Department NOTICES Buy American Exceptions under the American Recovery and Reinvestment Act of 2009, 55342 2010-22507 Federal Property Suitable as Facilities to Assist the Homeless, 55342-55343 2010-22441 Interior Interior Department See Land Management Bureau See National Indian Gaming Commission IRS Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-22632 55402-55403 2010-22633 2010-22635 Meetings: Area 1 Taxpayer Advocacy Panel, 55403-55404 2010-22570 Area 2 Taxpayer Advocacy Panel, 55407 2010-22568 Area 3 Taxpayer Advocacy Panel, 55405 2010-22566 Area 4 Taxpayer Advocacy Panel, 55406 2010-22565 Area 5 Taxpayer Advocacy Panel, 55404 2010-22559 Area 6 Taxpayer Advocacy Panel, 55404 2010-22555 Area 7 Taxpayer Advocacy Panel, 55406 2010-22558 Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee, 55406-55407 2010-22577 Taxpayer Advocacy Panel Joint Committee, 55407 2010-22573 Taxpayer Advocacy Panel Notice Improvement Project Committee, 55404 2010-22576 Taxpayer Advocacy Panel Small Business/Self Employed Project Committee, 55405 2010-22571 Taxpayer Advocacy Panel Tax Forms and Publications/MLI Project Committee, 55404-55405 2010-22572 Taxpayer Advocacy Panel Taxpayer Assistance Center Committee, 55405 2010-22569 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Issue Committee, 55406 2010-22579 International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commercial Service Annual Customer Satisfaction Survey, 55303 2010-22615 Request for Duty-Free Entry of Scientific Instrument or Apparatus, 55302-55303 2010-22614 Preliminary Intentions to Rescind New Shipper Reviews: Honey from People's Republic of China, 55307-55309 2010-22650 International International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55351 2010-22583 Justice Justice Department See Parole Commission NOTICES Filing of Settlement Agreements, 55351-55352 2010-22604 Labor Labor Department See Employment and Training Administration See Labor Statistics Bureau NOTICES Delegation of Authorities and Assignment of Responsibilities to the Administrator, Wage and Hour Division, 55352-55354 2010-22654 Delegation of Authority and Assignment of Responsibilities to the Employee Benefits Security Administration, 55354-55355 2010-22655 Delegation of Authority and Assignment of Responsibility to the Assistant Secretary for Occupational Safety and Health, 55355-55356 2010-22656 Labor Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55356-55357 2010-22620 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 55344 2010-22609 Environmental Impact Statements; Availability, etc.: Cedar City Field Office, UT, 55344-55345 2010-22607 Socorro Field Office Resource Management Plan, New Mexico, 55345-55346 2010-22432 Meetings: Proposed Land Withdrawal, South Dakota, 55346-55347 2010-22608 Realty Actions: Competitive Sale of Public Land Near Aztec in San Juan County, NM, 55347-55349 2010-22612 Modified Competitive Sealed Bid Sale of Public Lands in Rio Arriba County, NM, 55349-55351 2010-22610 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National National Council on Disability NOTICES Meetings; Sunshine Act, 55359 2010-22699 National Indian National Indian Gaming Commission RULES Minimum Internal Control Standards for Class II Gaming, 55269-55270 2010-22661 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Manufacturing Extension Partnership Expanded Services Client Impact Survey, 55301 2010-22560 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Manufacturing Extension Partnership Expanded Services Center Information and Reporting System, 55303-55304 2010-22561 Meetings: Smart Grid Advisory Committee, 55306 2010-22660 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Northern Rockfish in the Bering Sea and Aleutian Islands Management Area, 55288-55289 2010-22640 Pollock in Statistical Area 620 in the Gulf of Alaska; Closure, 55288 2010-22637 Fisheries of the Northeastern United States; Northeast Multispecies Fishery: Adjustment to Fishing Year 2010 Georges Bank Yellowtail Flounder Total Allowable Catch, 55286-55288 2010-22634 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Sea Scallops Amendment 10 Data Collection, 55304-55305 2010-22575 Northeast Region Gear Identification Requirements, 55301-55302 2010-22613 Social Impacts of the Implementation of a Catch Shares Program in the Mid-Atlantic, 55305-55306 2010-22591 Meetings: New England Fishery Management Council, 55306-55307 2010-22543 Permits: Marine Mammals; File No. 15014, 55307 2010-22518 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55359-55360 2010-22589 Meetings: Advisory Committee for Geosciences, 55360 2010-22606 Networking and Information Technology Research and Development Program: Draft 2010 Strategic Plan, 55360 2010-22597 Nuclear Nuclear Regulatory Commission NOTICES License Reovcations: Mattingly Testing Services, Inc., Molt, MT, 55360-55365 2010-22627 Meetings: ACRS Subcommittee on Planning and Procedures, 55366 2010-22625 Advisory Committee on Reactor Safeguards Subcommittee on Plant Operations and Fire Protection, 55365 2010-22618 Advsiory Committee on Reactor Safeguards Joint Subcommittee, 55365-55366 2010-22619 Orders Prohibiting Involvement in NRC-Licensed Activities: Mark M. Ficek, 55366-55370 2010-22638 Parole Parole Commission NOTICES Meetings; Sunshine Act, 55352 2010-22689 2010-22690 SEC Securities and Exchange Commission PROPOSED RULES List of Rules to be Reviewed Pursuant to the Regulatory Flexibility Act, 55295-55297 2010-22574 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-22563 55370-55371 2010-22602 Applications: Transamerica Asset Management, Inc. et al., 55376-55381 2010-22623 Tudor Employee Investment Fund LLC and Tudor Investment Corp., 55372-55376 2010-22622 Joint Industry Plans: EDGA Exchange, Inc. and EDGX Exchange, Inc., 55381 2010-22552 Meetings; Sunshine Act, 55382 2010-22751 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 55383-55385 2010-22599 EDGA Exchange, Inc., 55386-55387 2010-22596 EDGX Exchange, Inc., 55385-55386 2010-22598 National Stock Exchange, Inc, 55389-55390 2010-22551 New York Stock Exchange LLC, 55391-55392 2010-22557 NYSE Amex LLC, 55388-55389 2010-22556 NYSE Arca, Inc., 55382-55383 2010-22562 State of Municipal Securities Market Field Hearings, 55392 2010-22628 Social Social Security Administration NOTICES Employment Network Report Card, 55392-55393 2010-22611 State State Department NOTICES Determinations under Section 1010(a) of 2010 Supplemental Appropriations Act, 55393 2010-22647 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Commodity Futures Trading Commission, 55410-55452 2010-21729 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 175 Friday, September 10, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1250 [Doc. No. AMS-PY-09-0116] Egg Research and Promotion Order; Referendum Procedures AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule establishes procedures that the Agricultural Marketing Service

(AMS)will use in conducting a referendum to determine whether egg producers favor increasing the assessment they pay to the American Egg Board

(AEB)from a rate of 10 cents per 30-dozen case of commercial eggs to 15 cents per case. An amendment to increase the assessment rate in the Egg Research and Promotion Order (Order) will be implemented if it is approved by two-thirds of the egg producers voting in the referendum or by a majority of producers voting if they produced two-thirds of the eggs produced by all voters. These procedures will also be used for subsequent referenda. AEB, which administers the Order, recommended this action to sustain and expand its national promotion, research, and consumer information program. DATES: *Effective Date:* September 13, 2010. FOR FURTHER INFORMATION CONTACT: Angela C. Snyder, Research and Promotion; Standards, Promotion & Technology Branch; Poultry Programs, AMS, USDA, 1400 Independence Avenue, SW., Room 3932-S, Stop 0256; Washington, DC 20250-0256; telephone:

(202)720-4476; fax

(202)720-2930; or e-mail: *angie.snyder@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget

(OMB)has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. The Egg Research and Consumer Information Act (7 U.S.C. 2701-2718)

(Act)provides that administrative proceedings must be exhausted before parties may file suit in court. Section 14 of the Act allows those subject to the Order to file a written petition with the Secretary of Agriculture (Secretary) if they believe that the Order, any provision of the Order, or any obligation imposed in connection with the Order, is not in accordance with the law. In any petition, the person may request a modification of the Order or an exemption from the Order. The petitioner will have the opportunity for a hearing on the petition. Afterwards, an Administrative Law Judge

(ALJ)will issue a decision. If the petitioner disagrees with the ALJ's ruling, the petitioner has 30 days to appeal to the Judicial Officer, who will issue a ruling on behalf of the Secretary. If the petitioner disagrees with the Secretary's ruling, the petitioner may file, within 20 days, an appeal in the U.S. District Court for the district where the petitioner resides or conducts business. Regulatory Flexibility Act Analysis and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act

(RFA)[5 U.S.C. 601-612], AMS has considered the economic impact of this action on the small producers that will be affected by this rule. The purpose of the RFA is to fit regulatory action to scale on businesses subject to such action so that small businesses will not be disproportionately burdened. According to AEB, approximately 245 producers are subject to the provisions of the Order, including paying assessments. Under the current Order, producers in the 48 contiguous United States and the District of Columbia who own more than 75,000 laying hens each pay a mandatory assessment of 10 cents per 30-dozen case of eggs. Assessments under the program are used by AEB to finance promotion, research, and consumer information programs designed to increase consumer demand for eggs in domestic and international markets. At the current rate of 10 cents per case, assessments generate about $20 million in annual revenues. The Order is administered by AEB under supervision of the U.S. Department of Agriculture (USDA). In 13 CFR part 121, the Small Business Administration

(SBA)defines small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms as those having annual receipts of no more than $7 million. Under this definition, the vast majority of the egg producers that will be affected by this rule would not be considered small entities. Producers owning 75,000 or fewer laying hens are exempt from this program. Given that a laying hen produces approximately 22 dozen eggs per year, production from 75,000 laying hens would result in 1.65 million dozen eggs. With a farmgate price of $0.837 per dozen, total annual receipts would be $1.38 million, which is well above the definition used to describe a small farm. The wholesale price of eggs would need to drop to approximately $0.45 per dozen before a producer with 75,000 hens could be classified as a small farm under the SBA definition. This final rule establishes procedures under which egg producers vote on whether they favor an increase in the assessments they pay to AEB. This rule adds a new subpart and establishes procedures to conduct this referendum as well as future referenda. The subpart covers definitions, voting, instructions, use of subagents, ballots, the referendum report, and confidentiality of information. AMS will keep egg producers who are eligible to vote informed throughout the referendum process to ensure that they are aware of and are able to participate. AMS will also publicize information regarding the referendum process so that trade associations and related industry media can be kept informed. Voting in the referendum is optional. However, if egg producers choose to vote, the burden of voting is minimal. AMS considered electronic voting, but the use of computers is not universal. Conducting the referendum from one central location by mail ballot would be more cost-effective and reliable. In accordance with OMB regulation 5 CFR part 1320 that implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection requirements contained in this rule have been approved previously under OMB control number 0581-0093. This rule does not result in a change to those information collection and recordkeeping requirements. There are no Federal rules that duplicate, overlap, or conflict with this rule. We have performed this Regulatory Flexibility Analysis regarding the impact of these referendum procedures on small entities, and we invited comments concerning potential effects of these amendments on small businesses. No comments were received. Background The Act established a national egg research and promotion program—administered by AEB—that is financed through industry assessments and subject to oversight by AMS. This program of promotion, research, and consumer information is designed to strengthen the position of eggs in the marketplace and to establish, maintain, and expand markets for eggs. This program is financed by assessments on egg producers owning more than 75,000 laying hens. The Order specifies that handlers are responsible for collecting and remitting the producer assessments to AEB, reporting their handling of eggs, and maintaining records necessary to verify their reports. Only producers in the contiguous United States and the District of Columbia are subject to the program, and producers owning 75,000 or fewer laying hens are eligible to obtain an exemption from paying assessments. This final rule establishes procedures under which egg producers may vote on whether they want to increase the rate of assessments they pay to AEB from 10 cents to 15 cents per 30-dozen case of eggs. These procedures will also be used for any future referenda. A proposed rule and request for comments was published in the **Federal Register** on September 28, 2009 (74 FR 49342), with a 60-day comment period. No comments were received. A separate proposed rule to increase the assessment rate was published in the September 25, 2009, issue of the **Federal Register** (74 FR 48865). This final rule adds a new subpart and establishes procedures to be used in this and future referenda. This subpart covers definitions, voting, instructions, use of subagents, ballots, the referendum report, and confidentiality of information. Pursuant to 5 U.S.C. 553, it is found and determined that good cause exists for not postponing the effective date of the rule until 30 days after publication in the **Federal Register** in order to conduct a referendum on whether producers favor increasing the assessment rate as soon as possible. List of Subjects in 7 CFR Part 1250 Administrative practice and procedure, Advertising, Agricultural research, Eggs and egg products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1250 is amended as follows: PART 1250—EGG RESEARCH AND PROMOTION 1. The authority citation of Part 1250 continues to read as follows: Authority: 7 U.S.C. 2701-2718 and 7 U.S.C. 7401. 2. Part 1250 is amended by adding a new subpart consisting of §§ 1250.200 through 1250.207 and titled “Referendum Procedures” to read as follows: Subpart—Referendum Procedures Sec. 1250.200 Referenda. 1250.201 Definitions. 1250.202 Voting. 1250.203 Instructions. 1250.204 Subagents. 1250.205 Ballots. 1250.206 Referendum report. 1250.207 Confidential information. Subpart—Referendum Procedures § 1250.200 Referenda. Referenda for the purpose of ascertaining whether the issuance by the Secretary of Agriculture of an Egg Research and Promotion Order, or the continuance, termination, or suspension of such an order, is approved or favored by producers shall, unless supplemented or modified by the Secretary, be conducted in accordance with this subpart. § 1250.201 Definitions.

(a)*Act* means the Egg Research and Consumer Information Act and as it may be amended (Pub. L. 93-428, 7 U.S.C. 2701 et seq.).

(b)*Administrator* means the administrator of the Agricultural Marketing Service, with power to redelegate, or any other officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act in the Administrator's stead.

(c)*Egg producer or producer* means any person who either is an egg farmer who acquires and owns laying hens, chicks, and/or started pullets for the purpose of and is engaged in the production of commercial eggs; or is a person who supplied or supplies laying hens, chicks, and/or started pullets to an egg farmer for the purpose of producing commercial eggs pursuant to an oral or written contractual agreement for the production of commercial eggs. Such person is deemed to be the owner of such laying hens unless it is established in writing, to the satisfaction of the Secretary or the Egg Board, that actual ownership of the laying hens is in some other party to the contract. In the event the party to an oral contract who supplied or supplies the laying hens cannot be readily identified by the Secretary or the Egg Board, the person who has immediate possession and control over the laying hens at the egg production facility shall be deemed to be the owner of such hens unless written notice is provided to the Secretary or the Egg Board, signed by the parties to said oral contract, clearly stating that the eggs are being produced under a contractual agreement and identifying the party (or parties) under said contract who is the owner of the hens.

(d)*Order* means the order or any amendment thereto promulgated pursuant to the act with respect to which the Secretary has directed that a referendum be conducted.

(e)*Person* means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity.

(f)*Referendum agent* means the individual or individuals designated by the Secretary to conduct the referendum.

(g)*Representative period* means the period designated by the Secretary pursuant to section 9 of the Act (7 U.S.C. 2708).

(h)*Secretary* means the Secretary of Agriculture or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may be hereafter delegated, the authority to act in the Secretary's stead. § 1250.202 Voting.

(a)Each person who is a producer, as defined in this subpart, at the time of the referendum, who was engaged in the production of commercial eggs during the representative period, and who is not exempt from the provisions of the order as provided for in § 1250.348 thereof, shall be entitled to only one vote in the referendum.

(b)Proxy voting is not authorized, but an officer or employee of a corporate producer, or an administrator, executor, or trustee of a producing estate, or an authorized representative of any other entity may cast a ballot on behalf of such producer or estate. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the corporate producer, or an administrator, executor, or trustee of the producing estate, or an authorized representative of such other entity, and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of his authority.

(c)Each producer shall be entitled to cast only one ballot in the referendum. § 1250.203 Instructions. The referendum agent shall conduct the referendum, in the manner herein provided, under supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions hereof, to govern the procedure to be followed by the referendum agent. Such agent shall:

(a)Determine the time of commencement and termination of the period of the referendum, and the time when all ballots must be received by the referendum agent.

(b)Determine whether ballots may be cast by mail, at polling places, at meetings of producers, or by any combination of the foregoing.

(c)Provide ballots and related material to be used in the referendum. Ballot material shall provide for recording essential information for ascertaining whether the person voting or on whose behalf the vote is cast, is an eligible voter, and the total volume of commercial eggs produced during a representative period.

(d)Give reasonable advance notice of the referendum:

(1)By utilizing available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and

(2)By such other means as the agent may deem advisable.

(e)Make available to producers instructions on voting, appropriate registration, ballot, and certification forms, and, except in the case of a referendum on the termination or continuance of an order, a summary of the terms and conditions of the order: Provided, that no person who claims to be qualified to vote shall be refused a ballot.

(f)If the ballots are to be cast by mail, cause all the material specified in paragraph

(e)of this section to be mailed to each eligible producer whose name and address are known to the Secretary or the referendum agent.

(g)If the ballots are to be cast at polling places or meetings, determine the necessary number of polling or meeting places, designate them, announce the time of each meeting or the hours during which each polling place will be open, provide the material specified in paragraph

(e)of this section, and provide for appropriate custody of ballot forms and delivery to the referendum agent of ballots cast.

(h)At the conclusion of the referendum, canvass the ballots, tabulate the results, and except as otherwise directed, report the outcome to the Administrator and promptly thereafter submit the following:

(1)All ballots received by the agent and appointees, together with a certificate to the effect that the ballots listed are all of the ballots cast and received by the agent and appointees during the referendum period;

(2)A tabulation of all challenged ballots deemed to be invalid; and

(3)A report of the referendum including a detailed statement explaining the method used in giving publicity to the referendum and showing other information pertinent to the manner in which the referendum was conducted. § 1250.204 Subagents. The referendum agent may appoint any person or persons deemed necessary or desirable to assist the agent in performing such agent's functions of this subpart. Each individual so appointed may be authorized by the agent to perform, in accordance with the requirements herein set forth, any or all of the following functions (which, in the absence of such appointment, shall be performed by said agent):

(a)Give public notice of the referendum in the manner specified herein;

(b)Preside at a meeting where ballots are to be cast or as poll officer at a polling place;

(c)See the ballots and the aforesaid texts are distributed to producers and receive any ballots which are cast; and

(d)Record the name and address of each person casting a ballot with said subagent and inquire, as deemed appropriate, into the eligibility of such persons to vote in the referendum. § 1250.205 Ballots. The referendum agent and subagents shall accept all ballots cast; but should they, or any of them, deem that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, and the results of any investigations made with respect thereto, and the disposition thereof. Invalid ballots shall not be counted. § 1250.206 Referendum report. Except as otherwise directed, the Administrator shall prepare and submit to the Secretary a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to analysis of the referendum and its results. § 1250.207 Confidential information. The ballots cast or the manner in which any person voted and all information furnished to, compiled by, or in the possession of the referendum agent shall be regarded as confidential. The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Order and the voter list shall be strictly confidential and shall not be disclosed. Dated: September 3, 2010. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2010-22644 Filed 9-9-10; 8:45 am]

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