Sheep and Wool Promotion, Research, Education, and Information: Certification and Nomination Procedures for the National Sheep Promotion, Research, and Information Board

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]

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