Blueberry Promotion, Research, and Information Order; Continuance Referendum, 30317-30318 [E6-8101]
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Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Proposed Rules
evidence that the claim period was
preserved in accordance with § 551.702
and of the liability of the agency and the
claimant’s right to payment.
(2) Requesting confidentiality. If the
claimant wishes the claim to be treated
confidentially, the claim must
specifically request that the identity of
the claimant not be revealed to the
agency. Witnesses or other sources may
also request confidentiality. OPM will
make every effort to conduct its
investigation in a way to maintain
confidentiality. If OPM is unable to
obtain sufficient information to render a
decision and preserve the requested
confidentiality, OPM will notify the
claimant that the claim will be
cancelled with no further action by
OPM unless the claimant voluntarily
provides written authorization for his or
her name to be revealed.
(b) Agency. (1) In FLSA exemption
status determination claims, the burden
of proof rests with the agency that
asserts the FLSA exemption.
(2) The agency must provide the
claimant with a written
acknowledgment of the date the claim
was received.
(3) Upon a claimant’s request, and
subject to any Privacy Act requirements,
an agency must provide a claimant with
information relevant to the claim.
(4) The agency must provide any
information requested by OPM within
15 workdays after the date of the
request, unless the agency requests
additional time and OPM grants a longer
period of time in which to provide the
requested information.
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§ 551.707 Withdrawal or cancellation of an
FLSA claim.
(a) Withdrawal. OPM may grant a
request from the claimant or claimant’s
representative to withdraw an FLSA
claim at any time before OPM issues its
decision. The claimant or the claimant’s
representative must submit the request
in writing to OPM.
(b) Cancellation. OPM may, at its
discretion, cancel an FLSA claim if the
claimant or the claimant’s
representative fails to provide requested
information within 15 workdays after
the date of the request, unless the
claimant or the claimant’s
representative requests additional time
and OPM grants a longer period of time
in which to provide the requested
information. OPM may, at its discretion,
reconsider a cancelled claim on a
showing that circumstances beyond the
claimant’s control prevented pursuit of
the claim.
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15:28 May 25, 2006
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§ 551.708 Finality and effect of OPM FLSA
claim decision.
(a) OPM will send an FLSA claim
decision to the claimant or the
claimant’s representative and the
agency. An FLSA claim decision made
by OPM is final. There is no further
right of administrative appeal. However,
at its discretion, OPM may reconsider
its FLSA claim decision when material
information was not considered or there
was a material error of law, regulation,
or fact in the original decision. The
request must be submitted in writing
and received by OPM within 45
calendar days after the date of the
decision. At its unreviewable discretion,
OPM may waive the time limit.
(b) A decision by OPM under the Act
is binding on all administrative,
certifying, payroll, disbursing, and
accounting officials of agencies for
which OPM administers the Act.
(c)(1) Upon receipt of a decision, the
agency employing the claimant during
the claim period must take all necessary
steps to comply with the decision,
including adherence to compliance
instructions provided with the decision.
All compliance actions must be
completed within the time specified in
the decision, unless an extension of
time is requested by the agency and
granted by OPM.
(2) The agency should identify all
similarly situated current and former
employees to ensure that they are
treated in a manner consistent with the
decision on FLSA coverage, informing
them in writing of their right to file an
FLSA claim with the agency or OPM.
§ 551.709
Availability of information.
(a) Except when the claimant has
requested confidentiality, the agency
and the claimant must provide to each
other a copy of all information
submitted with respect to the claim.
(b) When a claimant has not requested
confidentiality, OPM will disclose to the
parties concerned the information
contained in an FLSA claim file. When
a claimant has requested confidentiality,
OPM will delete any information
identifying the claimant before
disclosing the information in an FLSA
claim file to the parties concerned. For
the purposes of this subpart, the parties
concerned means the claimant, any
representative designated in writing,
and any representative of the agency or
OPM involved in the proceeding.
(c) Except when the claimant has
requested confidentiality or the
disclosure would constitute a clearly
unwarranted invasion of personal
privacy, OPM, upon a request which
identifies the individual from whose file
the information is sought, will disclose
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30317
the following information from a claim
file to a member of the public:
(1) Confirmation of the name of the
individual from whose file the
information is sought and the names of
the other parties concerned;
(2) The remedy sought;
(3) The status of the claim;
(4) The decision on the claim; and
(5) With the consent of the parties
concerned, other reasonably identified
information from the file.
§ 551.710
OPM.
Where to file an FLSA claim with
An FLSA claim must be filed with the
OPM Classification Appeals and FLSA
Program, 1900 E Street, NW.,
Washington, DC 20415–0001.
[FR Doc. 06–4886 Filed 5–25–06; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1218
[Doc. No. FV–06–702–Notice]
Blueberry Promotion, Research, and
Information Order; Continuance
Referendum
Agricultural Marketing Service,
Agriculture.
ACTION: Notice of a Continuance
Referendum.
AGENCY:
SUMMARY: This notice directs that a
referendum be conducted among the
eligible producers and importers of
blueberries to determine whether they
favor continuance of the Blueberry
Promotion, Research, and Information
Order (Order).
DATES: This referendum will be
conducted from August 1, 2006 through
August 22, 2006. To vote in this
referendum, producers and importers
must have paid assessments on
blueberries produced or imported
during the representative period of
November 1, 2004 through October 31,
2005.
ADDRESSES: Copies of the Order may be
obtained from: Referendum Agent,
Research and Promotion Branch (RP),
Fruit and Vegetable Programs (FV),
AMS, USDA, Stop 0244, Room 2535-S,
1400 Independence Avenue, SW.,
Washington, DC 20250–0244, telephone
888–720–9917 (toll free). Fax 202–205–
2800, e-mail
deborah.simmons@usda.gov.
Pursuant
to the Commodity Promotion, Research,
and Information Act of 1996 (Pub. L.
SUPPLEMENTARY INFORMATION:
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cprice-sewell on PROD1PC66 with PROPOSALS
30318
Federal Register / Vol. 71, No. 102 / Friday, May 26, 2006 / Proposed Rules
104–427, 7 U.S.C. 7401–7425) (Act), a
referendum is to be conducted not later
than seven years after assessments first
begin under an order to ascertain
whether continuance of the Order is
favored by producers and importers of
blueberries. The Order is authorized
under the Act.
The initial referendum was conducted
during the period of March 13 through
April 14, 2000. The final results of the
initial referendum were that 67.84
percent of the voters in the referendum
favored implementation of the Order.
Those voting in favor represented 73.15
percent of the volume represented in the
referendum. Therefore, the Order
became effective July 17, 2000.
Under § 1218.71 of the Order, the
Department of Agriculture (Department)
is authorized to conduct a referendum
every five years or when 10 percent or
more of the eligible voters petition the
Secretary of Agriculture to hold a
referendum to determine if persons
subject to assessment favor continuance
of the Order. The Department would
continue the Order if continuance of the
Order is approved by a majority of the
producers and importers voting in the
referendum who also represent a
majority of the volume of blueberries
produced or imported during the
representative period determined by the
Secretary.
The representative period for
establishing voter eligibility for the
referendum shall be the period from
November 1, 2004 through October 31,
2005. Persons who are producers and
importers of blueberries and paid
assessments during the representative
period are eligible to vote. Persons who
received an exemption from
assessments for the entire representative
period are ineligible to vote. The
referendum shall be conducted by mail
from August 1, 2006 through August 22,
2006.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the referendum ballot has
been approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0093. It is
estimated that there are approximately
1,586 producers and 135 importers who
will be eligible to vote in the
referendum. It will take an average of 25
minutes for each voter to read the voting
instructions and complete the
referendum ballot.
Referendum Order
Deborah S. Simmons, Marlene M.
Betts and Margaret B. Irby, RP, FV,
AMS, USDA, Stop 0244, Room 2535–S,
1400 Independence Avenue, SW.,
Washington, DC 20250, are designated
VerDate Aug<31>2005
15:00 May 25, 2006
Jkt 208001
as the referendum agents to conduct this
referendum. The referendum procedures
7 CFR 1218.100 through 1218.107,
which were issued pursuant to the Act,
shall be used to conduct the
referendum.
The referendum agents will mail the
ballots to be cast in the referendum and
voting instructions to all known
producers and importers prior to the
first day of the voting period. Persons
who are producers and importers and
who paid assessments during the
representative period are eligible to
vote. Ballots must be received by the
referendum agent beginning August 1,
2006, through 4:30 p.m., Eastern
Daylight Savings Time, August 22, 2006,
in order to be counted.
Authority: 7 U.S.C. 7401–7425.
Dated: May 22, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–8101 Filed 5–25–06; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Background
7 CFR Part 1427
RIN 0560–AH48
Storage, Handling, and Ginning
Requirements for Cotton Marketing
Assistance Loan Collateral
Commodity Credit Corporation,
USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This rule proposes amending
regulations governing the cotton
Marketing Assistance Loan Program of
the Commodity Credit Corporation
(CCC) that is authorized by the Farm
Security and Rural Investment Act of
2002 (2002 Act). The major proposed
regulatory changes would impact the
administration of the program by
amending regulations governing: The
outside storage of upland cotton
pledged as collateral for CCC loans; the
certification provided by approved
ginners to produce bales that are
compliant with CCC loan eligibility
requirements; the reconcentration and
transfer of upland cotton pledged as
collateral for CCC loans; and the storage
credit provided to producers when an
upland cotton marketing assistance loan
is repaid.
DATES: Comments should be received on
or before June 26, 2006.
ADDRESSES: CCC invites interested
persons to submit comments on this
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Fmt 4702
proposed rule and on the collection of
information required to administer the
affected regulations. Comments may be
submitted by any of the following
methods:
• E-Mail: Send comments to
gene.rosera@wdc.usda.gov.
• Fax: Submit comments by facsimile
transmission to: (202) 690–1536.
• Mail: Send comments to: Director,
Price Support Division, Farm Service
Agency, United States Department of
Agriculture (USDA), Rm. 4095–S, 1400
Independence Avenue, SW.,
Washington, DC 20250–0512.
• Hand Delivery or Courier: Deliver
comments to the above address.
• Federal Rulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
All written comments will be
available for public inspection at the
above address during business hours
from 8 a.m. to 5 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT:
Gene Rosera; phone: (202) 720–8481; email: gene.rosera@wdc.usda.gov; or fax:
(202) 690–1536.
SUPPLEMENTARY INFORMATION:
Sfmt 4702
CCC regulations generally require that
cotton loan collateral must be stored
inside a warehouse for the cotton to be
eligible for marketing assistance loan.
Cotton regulations at 7 CFR 1427.5
provide that for a bale of cotton to be
eligible to be pledged as collateral for a
marketing assistance loan, the bale must
be stored inside a warehouse approved
by CCC. An exception to this general
requirement is provided by regulations
at 7 CFR 1427.10 that provide that a
commercial entity involved in handling
or storage of cotton in a county or area
determined and announced by CCC may
be approved for outside storage of 2003
and subsequent crops of extra long
staple (ELS) cotton. Such outside
storage is subject to site requirements
and terms and conditions regarding
collateral identification and location as
provided in an appendix to the ELS
cotton note and security agreement.
According to the January 2006 Crop
Production Summary of the USDA
Agricultural Statistics Board, total
cotton production in Texas, estimated at
4.374 million bales in 2003, increased to
7.778 million bales in 2004 (about a 78
percent increase) and to 8.245 million
bales in 2005 (a 6 percent increase from
the prior year.) The available approved
cotton storage warehouse capacity in
West Texas has not kept pace with these
production increases, and the result has
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Agencies
[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Proposed Rules]
[Pages 30317-30318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8101]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1218
[Doc. No. FV-06-702-Notice]
Blueberry Promotion, Research, and Information Order; Continuance
Referendum
AGENCY: Agricultural Marketing Service, Agriculture.
ACTION: Notice of a Continuance Referendum.
-----------------------------------------------------------------------
SUMMARY: This notice directs that a referendum be conducted among the
eligible producers and importers of blueberries to determine whether
they favor continuance of the Blueberry Promotion, Research, and
Information Order (Order).
DATES: This referendum will be conducted from August 1, 2006 through
August 22, 2006. To vote in this referendum, producers and importers
must have paid assessments on blueberries produced or imported during
the representative period of November 1, 2004 through October 31, 2005.
ADDRESSES: Copies of the Order may be obtained from: Referendum Agent,
Research and Promotion Branch (RP), Fruit and Vegetable Programs (FV),
AMS, USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, SW.,
Washington, DC 20250-0244, telephone 888-720-9917 (toll free). Fax 202-
205-2800, e-mail deborah.simmons@usda.gov.
SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion,
Research, and Information Act of 1996 (Pub. L.
[[Page 30318]]
104-427, 7 U.S.C. 7401-7425) (Act), a referendum is to be conducted not
later than seven years after assessments first begin under an order to
ascertain whether continuance of the Order is favored by producers and
importers of blueberries. The Order is authorized under the Act.
The initial referendum was conducted during the period of March 13
through April 14, 2000. The final results of the initial referendum
were that 67.84 percent of the voters in the referendum favored
implementation of the Order. Those voting in favor represented 73.15
percent of the volume represented in the referendum. Therefore, the
Order became effective July 17, 2000.
Under Sec. 1218.71 of the Order, the Department of Agriculture
(Department) is authorized to conduct a referendum every five years or
when 10 percent or more of the eligible voters petition the Secretary
of Agriculture to hold a referendum to determine if persons subject to
assessment favor continuance of the Order. The Department would
continue the Order if continuance of the Order is approved by a
majority of the producers and importers voting in the referendum who
also represent a majority of the volume of blueberries produced or
imported during the representative period determined by the Secretary.
The representative period for establishing voter eligibility for
the referendum shall be the period from November 1, 2004 through
October 31, 2005. Persons who are producers and importers of
blueberries and paid assessments during the representative period are
eligible to vote. Persons who received an exemption from assessments
for the entire representative period are ineligible to vote. The
referendum shall be conducted by mail from August 1, 2006 through
August 22, 2006.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the referendum ballot has been approved by the Office of
Management and Budget (OMB) and assigned OMB No. 0581-0093. It is
estimated that there are approximately 1,586 producers and 135
importers who will be eligible to vote in the referendum. It will take
an average of 25 minutes for each voter to read the voting instructions
and complete the referendum ballot.
Referendum Order
Deborah S. Simmons, Marlene M. Betts and Margaret B. Irby, RP, FV,
AMS, USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, SW.,
Washington, DC 20250, are designated as the referendum agents to
conduct this referendum. The referendum procedures 7 CFR 1218.100
through 1218.107, which were issued pursuant to the Act, shall be used
to conduct the referendum.
The referendum agents will mail the ballots to be cast in the
referendum and voting instructions to all known producers and importers
prior to the first day of the voting period. Persons who are producers
and importers and who paid assessments during the representative period
are eligible to vote. Ballots must be received by the referendum agent
beginning August 1, 2006, through 4:30 p.m., Eastern Daylight Savings
Time, August 22, 2006, in order to be counted.
Authority: 7 U.S.C. 7401-7425.
Dated: May 22, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-8101 Filed 5-25-06; 8:45 am]
BILLING CODE 3410-02-P