Proposed Rule: Farm Service Agency State and County Committees Selection and Functions Amendments

68755
Proposed Rules Federal Register

Vol. 71, No. 228
Tuesday, November 28, 2006
This section of the FEDERAL REGISTER Manager, FSA, United States committee consists of three to five local
contains notices to the public of the proposed Department of Agriculture (USDA), administrative areas in which a regular
issuance of rules and regulations. The STOP 0542, 1400 Independence election is conducted every three years.
purpose of these notices is to give interested Avenue, SW., Washington, DC 20250– By statute, county committees must be
persons an opportunity to participate in the 0542, telephone (202) 720–7890, or at ‘‘fairly representative’’ of the
rule making prior to the adoption of the final
rules.
kenneth.nagel@wdc.usda.gov. Persons agricultural producers in the county or
with disabilities or who require area under a committee’s jurisdiction.
alternative means for communications 16 U.S.C. 590h(b)(5)(B)(ii).
DEPARTMENT OF AGRICULTURE should contact the USDA Target Center On May 13, 2002, the Farm Security
at (202) 720–2600 (voice and TDD). and Rural Investment Act of 2002 (Pub.
Office of the Secretary SUPPLEMENTARY INFORMATION: L. 107–171) (the 2002 Farm Bill)
amended the Food, Agriculture,
7 CFR Part 7 Public Comments Conservation, and Trade Act of 1990
RIN 0560–AG90 Public comments are invited with (Pub. L. 101–624) to ensure public
respect to the interpretation of the terms transparency and accountability of
Selection and Functions of Farm ‘‘participate’’ and ‘‘cooperate.’’ The election results, as well as to ensure the
Service Agency State and County definitions of these terms are provided fair representation of socially
Committees at Section 7.3 of the proposed rule. disadvantaged (SDA) producers on
These terms are significant because they county committees. Adopting the
AGENCY: Office of the Secretary, USDA. determine the class of producers who definition set forth in 7 U.S.C. 2003, the
ACTION: Proposed rule. may be nominated as candidates in 2002 Farm Bill defines an SDA group as
county committee elections. Please see a group whose members have been
SUMMARY: This proposed rule would subject to racial, ethnic, or gender
section 7.8 of the proposed rule for the
amend the regulations governing the provision on the nomination process for prejudice because of their identity as
selection and functions of Farm Service county committee elections. In addition, members of the group, without regard to
Agency (FSA) State and county these terms determine the eligibility of their individual qualities. 7 U.S.C.
committees in accordance with the Soil producers who may vote in county 2003(e)(1). SDA producers have
Conservation and Domestic Allotment committee elections. Please see section generally been defined to include
Act, as amended (the Act). 7.5 for the provision on voting in county African-Americans, Hispanic
DATE: Comments must be received by committee elections. For further Americans, Native Americans, Asian-
January 29, 2007. reference, the Background section Americans, Pacific Americans,
ADDRESSES: The Secretary invites contains a discussion on the eligibility Subcontinent Asian-Americans, and
interested persons to submit comments to vote in county committee elections. women. By statute, USDA must solicit
on this proposed rule. Comments may nominations for county committee
be submitted by any of the following Background positions from organizations
methods: FSA county committees play an representing the interests of SDA
• E-mail: send comments to: instrumental role in administering FSA groups. 16 U.S.C.
countycommitteeelections programs at the county level, including 590h(b)(5)(B)(iii)(III)(bb).
@wdc.usda.gov. carrying out FSA programs that have a 7 CFR part 7, subtitle A, as amended,
• FAX: FAX comments to (202) 720– financial impact on farmers and incorporates the requirements of the
6974. ranchers participating in FSA programs. 2002 Farm Bill. The first change made
• Mail: County Committee County committees make producer by the 2002 Farm Bill was to define
Regulations Comments, U.S. eligibility determinations for farm specifically the class of agricultural
Department of Agriculture, Room 3092– programs, hear producer appeals on producers who are eligible to vote for
S, Mail Stop 0539, 1400 Independence adverse determinations and render county committee members as those
Ave., SW., Washington, DC 20250–0539. decisions at the county level. Each producers who participate or cooperate
• Hand Delivery or Courier: Deliver committee is comprised of three to five in programs administered by FSA in the
comments to the above mailing address. agricultural producers who participate area under the committee’s jurisdiction.
• Federal Rulemaking Portal: Go to or cooperate in programs administered 16 U.S.C. 590h(b)(5)(B)(ii), (iii)(aa).
http://www.regulations.gov. Follow the in the county or area under a Additionally, time-frames for
online instructions for submitting committee’s jurisdiction. 16 U.S.C. participation are defined in the
comments. 590h(b)(5)(ii). County committee proposed rule to provide that an eligible
All comments, including names and members are elected to 3-year terms by voter must have participated in a
addresses, provided by respondents agricultural producers who participate program administered by FSA in the
become a matter of public record. or cooperate in programs administered county or area under the committee’s
Comments may be inspected in the in the county or area under the jurisdiction within 1 year of the date of
ycherry on PROD1PC61 with PROPOSALS
Office of the Deputy Administrator for jurisdiction of the county committee. Id. the election or be cooperating at the
Field Operations, FSA, at the above County committee elections are time of the deadline to vote, as
mailing address. Please make inspection conducted in local administrative areas evidenced by county office records.
arrangements by calling (202) 720–7890. designated by the Secretary or the Previous regulations defined eligibility
FOR FURTHER INFORMATION CONTACT: Secretary’s designee. Each county or to vote to include any person who had
Kenneth Nagel, Field Operations area under the jurisdiction of the county an interest in a farm as owner, operator,
VerDate Aug<31>2005 15:40 Nov 27, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\28NOP1.SGM 28NOP1
68756 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Proposed Rules
tenant, or share-cropper, and of legal requirements with regard to the results 590h(b)(5)(B)(iii)(VII)(bb). After
voting age or if not of legal voting age, of county committee elections. No later reviewing the national reports on the
in charge of the supervision and than 20 days after an election is 2002 and 2003 elections, the Secretary
conduct of the farming operation, if conducted, each county committee must determined that issuing such uniform
eligible to participate in any program file with the Secretary and the FSA guidelines was appropriate. Uniform
administered by the county committee. State office a report on the election Guidelines for Conducting Farm Service
The intent of the 2002 Farm Bill is to results. This local report must provide Agency County Committee Elections
ensure county committee members are data to include the number of eligible were published in the Federal Register
elected by those who are directly voters, the number of ballots cast and on January 18, 2005, (70 FR 2837)
affected by county committee actions. disqualified, and the race, ethnicity, and pursuant to Section 10708 of the 2002
Voters who are deemed to be gender of the nominees for the county Farm Bill. FSA is required to follow the
participants have received USDA committee position. 16 U.S.C. uniform guidelines in conducting
benefits in the most recent time-frame. 590h(b)(5)(B)(iii)(V). 7 CFR part 7 is county committee elections and FSA
Voting rights are also extended to those amended to require local election regulations and directives on
producers considered to be cooperating reports to contain the following conducting such elections must conform
with FSA who provide information to information: to these guidelines. FSA is also required
FSA regarding their farming or ranching (1) The number of eligible voters in to conduct training of county employees
operation, but are not currently the local administrative area; on the implementation of the uniform
receiving benefits or have applied for (2) The number of ballots cast in the guidelines and FSA’s regulations.
benefits. Producers cooperating may be election by eligible voters; The requirement for county
considered as those who provide (3) The percentage of eligible voters committees to maintain a list of eligible
information such as ownership records, who cast ballots; voters for public inspection has been
acreage reports, leasing terms, or other (4) The number of ballots disqualified expanded to now require county
information that is maintained in FSA in the election; committees to provide a list of names
records. Producers cooperating with (5) The percentage that the number of and addresses of eligible voters to any
FSA should update the FSA on a timely ballots disqualified is of the number of candidate for county committee
basis to maintain their information. The ballots received; requesting the list.
information they provide is considered (6) The number of nominees for each County committees shall develop a
beneficial to USDA and may be used in seat up for election; slate of candidates to consist of one or
future determinations for FSA programs. (7) The race, ethnicity, and gender of more candidates as provided by open
Maintaining data on individuals each nominee, as provided by the nominations. County committees are
cooperating with FSA is necessary to voluntary self identification of each allowed to add names to a slate only if
ensure that non-participating producers nominee; and, no names are received at the county
are fully informed of programs (8) The final election results to office through the open nomination
administered by FSA. Farm and ranch include the number of ballots received process, and then may only add two
data provided by cooperating producers by each nominee. names, with one who is a socially
becomes essential for FSA outreach Also, not later than 90 days after the disadvantaged producer. The process to
efforts. All references to community date of the first election held after challenge an election has been changed.
committees and requirements for county enactment of the 2002 Farm Bill (which Previously, any eligible voter could
conventions have been removed from would have been the 2002 election), the challenge the results of an election.
the regulations. Community committees Secretary was required to compile a Appeals to the validity of a county
and county conventions have been national report consolidating data on committee election may now only be
eliminated from the FSA program over election results submitted by county filed by a nominee.
the years. Community committees have committees. Id. 16 U.S.C. Following the uniform guidelines, the
not been used as elective bodies since 590h(b)(5)(B)(iii)(VI). Such national proposed rule contains several
1996. County committees were elected reports on the 2002, 2003, and 2004 provisions governing the election
by delegates of the community elections were prepared and made process, which include: (1) An annual
committees at annual county public. These national reports may be review of local administrative areas
conventions. Today and since 1996, all viewed at http://www.fsa.usda.gov/FSA/ (LAA) (the specific area within a county
county committee elections are webapp?area=newsroom or counties that a single county
conducted by direct election by eligible &subject=landing&topic=cce. Based on committee member represents) in order
voters. With respect to the this reporting, the FSA national office to determine if redrawing the
determination of elective areas, all will provide feedback and guidance to boundaries or changing the number of
references to communities and county offices on their outreach efforts LAA’s in a county is appropriate to
conventions are removed. and on the election process. ensure fair representation of producers;
The 2002 Farm Bill mandates public Most critically, the 2002 Farm Bill (2) approval by the FSA State office of
access requirements relating to county gave the Secretary discretion to issue any changes in LAA boundaries or
committee elections, requiring FSA uniform guidelines governing the number of LAA’s; (3) regular
county committees to open and count county committee election process if the maintenance of lists of eligible voters;
the ballots in public, allowing the Secretary deemed that such guidelines (4) review by the FSA State office of
public to observe the opening and were necessary after analyzing the data voter ineligibility determinations made
counting of the ballots, and giving the from the national report. 16 U.S.C. by an FSA county committee when
public a 10-day notice of the date, time, 590h(b)(5)(B)(iii)(VII)(aa). By law, the review is sought by a producer; (5)
and place that the ballots will be uniform guidelines must contain direct mailing of nomination forms to
tabulated. 16 U.S.C. provisions ensuring fair representation eligible voters, as well as wider public
590h(b)(5)(B)(iii)(IV). of SDA producers on county committees accessibility of such forms; (6) when no
To further promote transparency and where they are underrepresented in nominations are filed, ensuring that the
public accountability, the 2002 Farm relation to their presence in the slate is filled with at least one member
Bill imposes several reporting respective covered areas. 16 U.S.C. of an SDA group; (7) providing the
Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Proposed Rules 68757
Secretary with the authority to nominate on proposed provisions under which 7.16 Report of election.
candidates; and (8) at the option of a such appointments will be made. 7.17 Remedial measures.
candidate, direct mailing of ballots to 7.18 Eligibility requirements of county
Executive Order 12988 committee members.
the State office, which will then provide
This proposed rule has been reviewed 7.19 Eligibility requirements of all other
the ballots to each county office in a personnel.
sealed box to be opened at the public in accordance with Executive Order 7.20 Dual office.
counting of ballots. 12988. The provisions of this proposed 7.21 Terms of office of county committee
7 CFR part 7 is further amended by rule are not retroactive and preempt members.
removing references to county office State laws only to the extent such 7.22 State committee duties.
employee personnel actions from the provisions are inconsistent with State 7.23 County committee duties.
regulation and placing this section into laws. 7.24 Chairperson of the county committee
FSA personnel management handbook duties.
Executive Order 12372 7.25 County executive director duties.
policy. The Deputy Administrator will 7.26 Private business activity and conflicts
continue responsibility for the oversight This program/activity is not subject to
the provisions of Executive Order of interest.
of all State and county committees, 7.27 Political activity.
employees of State and county 12372, which requires 7.28 Removal from office or employment
committees, and employees of county intergovernmental consultation with for cause.
executive directors. 7 CFR part 7 is State and local officials. See the notice 7.29 Delegation of authority to Deputy
further amended by removing references related to 7 CFR part 3015, subpart V, Administrator.
to county committee political activity published at 48 FR 29115 (June 24, 7.30 Custody and use of books, records, and
from the regulation and placing this 1983). documents.
7.31 Administrative operations.
section into FSA handbook policy. 7 Paperwork Reduction Act 7.32 Implementation.
CFR part 7 is further amended to define 7.33 Applicability.
a term of office as one in which a Information collection requirements
in this regulation were approved by 7.34 Retention of authority.
member has served for a period of one
OMB and assigned OMB control number Authority: 16 U.S.C. 590d and 590h.
and one-half years, or greater, of that
term. 0560–0229 as required by the
§ 7.1 Administration.
USDA intends to continually monitor Paperwork Reduction Act (44 U.S.C.
3507 et seq). (a) The regulations of this part are
the effectiveness of election reform applicable to the election and functions
efforts in order to determine if the Unfunded Mandates Reform Act of Farm Service Agency (FSA) county
measures contained in these guidelines committees and the functions of State
This proposed rule contains no
are sufficient to ensure fair FSA committees (‘‘county committees’’
Federal mandates for State, local, or
representation of producers on county and ‘‘State committees,’’ respectively).
tribal governments, or the private sector.
committees. This will include efforts to State and county committees shall be
Therefore, this rule is not subject to the
improve the collection of data required under the general supervision of the
requirements of sections 202 and 205 of
to measure whether there is fair Administrator, FSA.
the Unfunded Mandates Reform Act of
representation. USDA will also continue (b) State and county committees, and
1995.
to improve the implementation of the representatives and employees thereof,
uniform guidelines, as well as to List of Subjects for 7 CFR Part 7 do not have authority to modify or
determine if additional efforts are Agriculture, State and County waive any of the provisions of this part.
necessary. Such additional efforts could committees. (c) State committees shall take any
include compliance reviews of actions required by these regulations
particular counties and further Accordingly, for the reasons cited
above, 7 CFR part 7 is proposed to be that have not been taken by a county
centralization of the election process. committee. State committee shall also:
revised to read as follows:
One of the possible additional (1) Correct, or require a county
measures is provided in the 2002 Farm PART 7—SELECTION AND committee to correct any action taken by
Bill itself. The 2002 Farm Bill provides FUNCTIONS OF FARM SERVICE such county committee which is not in
that the Secretary is permitted to ensure AGENCY STATE AND COUNTY accordance with this part, or
the inclusion of SDA producers on COMMITTEES (2) Require a county committee to
county committees by enacting withhold taking any action that is not in
provisions allowing for the appointment Sec. accordance with this part.
of an additional voting member to the 7.1 Administration. (d) No provision or delegation herein
committee. Id. 16 U.S.C. 7.2 General.
7.3 Definitions.
to a State or county committee shall
590h(b)(5)(B)(iii)(VII)(cc). The Secretary preclude the Administrator, FSA, from
7.4 Selection of committee members.
has the discretion whether to exercise 7.5 Eligible voters. determining any question arising under
this authority. The Secretary intends to 7.6 Establishment of local administrative this part, or from reversing or modifying
continually evaluate whether the areas. any determination made by a State or
reforms set forth in the uniform 7.7 Calling of elections. county committee.
guidelines are achieving their goal of 7.8 Nominations for county committee. (e) These regulations shall be
ensuring fair representation of SDA 7.9 Slate of candidates. administered in accordance with the
producers. Based on such evaluations, 7.10 Conduct of county committee guidelines issued pursuant to Section
the Secretary will determine whether to elections.
10708 of the Farm Security and Rural
exercise the authority to appoint SDA 7.11 Election of county committee

members. Investment Act of 2002 (16 U.S.C.
producers to committees. In the event 7.12 Composition of a county or area 590h(b)(5)(VII)(aa)).
that the Secretary does decide to utilize committee.
the appointment authority, the Secretary 7.13 Tie votes. § 7.2 General.
will only do so after providing an 7.14 Vacancies. State and county committees shall, as
opportunity for the public to comment 7.15 Challenges and appeals. directed by the Secretary or a designee
of the Secretary, carry out the programs to the public. A county office shall eligible voters, the State committee may
and functions of the Secretary. disclose a listing containing the names declare the election void and call a new
and addresses of eligible voters to election. If it is determined by the State
§ 7.3 Definitions. candidates for county committee committee that the election for any
(a) The terms defined in § 718.2 of positions only at the request of the position on a county committee has not
this title shall also be applicable to this candidates. been held substantially in accordance
part. (f) Each eligible voter shall be entitled with official instructions, the State
(b) For the purposes of this part, the to only one ballot in any election held committee shall declare such election
term ‘‘participate’’ means to receive in any one local administrative area. If void and call a new election.
assistance, services, or benefits directly the eligible voter has an interest in land
from the United States Department of located in more than one local § 7.8 Nominations for county committee.
Agriculture (USDA), or from USDA administrative area in a single county, (a) Nominations to the county
indirectly through another such voter shall not be entitled to vote committee shall be publicly solicited
governmental agency. in more than one local administrative with a closing date for nominations not
(c) For the purposes of this part, the area in that county. There shall be no less than 90 days prior to the election
term ‘‘cooperate’’ means to enroll a voting by proxy. date.
farming operation or agricultural (b) Each solicitation for nomination
property with a county office. § 7.6 Establishment of local administrative shall include the nondiscrimination
areas. statement used by the Secretary.
§ 7.4 Selection of committee members. The Secretary or the Secretary’s (c) To be eligible for nomination for
(a) State committee members shall be designee may designate local election in the local administrative area
selected by the Secretary and shall serve administrative areas within a county or conducting the election, a person must
at the pleasure of the Secretary. a larger area under the jurisdiction of a be an agricultural producer residing
(b) County committee members shall county committee. within that local administrative area
be elected in accordance with § 7.11. (a) There shall be a minimum of three under the jurisdiction of the county
local administrative areas in each committee.
§ 7.5 Eligible voters.
county. In counties that have been (d) Eligible nominees shall be
(a) Persons eligible to vote in direct combined as a multiple county office, agricultural producers who:
elections of county committee members there shall be three to five local (i) Participated in a program
must meet the requirements of administrative areas. With respect to administered within an area under the
paragraphs (b) and (c) of this section. Alaska and Puerto Rico, the term jurisdiction of the county committee,
(b) Agricultural producers, regardless ‘‘county’’ shall be the area so designated within 1 year of the deadline to submit
of race, color, national origin, gender, by the State committees and in nominations; or,
religion, age, disability, political beliefs, Louisiana the term ‘‘county’’ applies to (ii) At the time of the deadline to
sexual orientation, and marital or family parishes. submit nominations, cooperate as
status, and who are of legal voting age (b) Each local administrative area evidenced in county office records.
in the State in which their farms or shall have not more than one county (e) Nominations of eligible producers
ranches are located, and any person not committee member. shall be solicited and accepted from
of such legal voting age who is in charge (c) The boundaries of the local organizations representing the interests
of the supervision and conduct of the administrative areas shall be determined of socially disadvantaged producers.
farming operations on an entire farm, by the State committee after considering (f) Eligible producers may nominate
shall be eligible to vote for direct recommendations by the county themselves or other producers who meet
election of county committee members, committee in which the local the nomination criteria in paragraph (d)
if they: administrative area is located. of this section, and certify their
(1) Participated in a program (d) The county committee shall give willingness to serve on the county
administered within a county or area public notice of the local administrative committee.
under the jurisdiction of the county area boundaries in advance of the
committee, within 1 year of the date of election and nomination processes. § 7.9 Slate of candidates.
the election; or, (a) A slate of candidates shall consist
(2) Not later than the final date to § 7.7 Calling of elections. of one or more eligible producers
return ballots, cooperate as evidenced in (a) The Secretary shall establish a nominated through public solicitation of
county office records. county or area committee in each nominees.
(c) In any State having a community county or area. An area is defined as the (b) When no nominations are
property law, the spouse of a person jurisdiction of a multiple county office. received, county committees shall
who is eligible to vote in accordance (b) Each election of county committee develop a slate of candidates in
with paragraph (b) of this section shall members shall be held on a date, or accordance with the guidelines issued
also be eligible to vote. within a specified period of time, pursuant to Section 10708 of the Farm
(d) If an eligible voter is an entity determined by the Deputy Security and Rural Investment Act of
other than an individual, the eligible Administrator. Each such election shall 2002 (16 U.S.C. 590h(b)(5)(VII)(aa)).
voter’s vote may be cast by a duly be held in accordance with instructions (c) Slates developed by the county
authorized representative of such entity, issued by the Deputy Administrator, committee shall include at least one
as determined by the Deputy which shall be available for public individual representing the interests of
Administrator, Field Operations, FSA examination in each county office. socially disadvantaged producers.
(Deputy Administrator). (c) If the number of eligible voters (d) Candidates shall certify their
(e) Each county office shall maintain voting in any election of county willingness to serve on the county
a list of eligible voters for each local committee members is so small that the committee if elected as a member or
administrative area within the county. A State committee determines that the alternate.
county office shall disclose a list result of that election does not represent (e) The county committee shall accept
containing the names of eligible voters the views of a substantial number of write-in candidates on ballots.
(f) Write-in candidates, if elected as a (c) Every 3 years, the eligible voters in § 7.14 Vacancies.
member or an alternate, must meet a local administrative area shall elect a (a) In case of a vacancy in the office
eligibility requirements and shall certify county committee member and may of chairperson of a county committee,
their willingness to serve on the county elect first and second alternates, as the respective vice chairperson shall
committee. available, to serve in the order of the become chairperson; in case of a
number of votes received as acting vacancy in the office of vice chairperson
§ 7.10 Conduct of county committee
members of the county committee, in of a three member committee, the
elections.
case of the temporary absence of a respective third member shall become
(a) The county committee serving at member, or to become a member of the vice chairperson; in case of a vacancy in
the time shall be responsible for the the office of a member, a respective first
county committee in that same order
conduct of county committee elections alternate, if available, shall become a
elected in case of the resignation,
in accordance with guidelines issued member; in case of a vacancy in the
disqualification, removal, or death of a
pursuant to Section 10708 of the Farm office of vice chairperson of a four to
member.
Security and Rural Investment Act of five member county committee, the first
(d) An alternate serving as an acting
2002 (16 U.S.C. 590h(b)(5)(VII)(aa)) and alternate, if available, for the LAA of the
member of the county committee shall
instructions issued by the Deputy vice chairperson shall become a member
have the same duties, responsibility,
Administrator. and the county committee shall conduct
(b) Elections shall not be associated and authority as a regular member of
such committee. In the event an an organizational meeting to select a
with, or held in conjunction with, any
alternate fills a permanent vacancy on vice chairperson; and in case of a
other election or referendum conducted
the county committee, such person shall vacancy in the office of the first
for any other purpose.
(c) The county committee shall give assume the unexpired term of the alternate, a respective second alternate,
advance public notice at least 30 county committee member who was if available, shall become the first
calendar days prior to the election date replaced. alternate. When unanimously
of how, when, and where eligible voters (e) The election shall be conducted by recommended by the members of the
may vote. mail ballot in accordance with the county committee, as constituted under
(d) The county committee shall guidelines issued pursuant to Section this paragraph, and approved by the
provide at least 10 calendar days of 10708 of the Farm Security and Rural State committee, the offices of
public notice of the date, time, and Investment Act of 2002 (16 U.S.C. chairperson and vice chairperson of the
place at which election ballots will be 590h(b)(5)(VII)(aa)) in all counties, county committee may be filled from
opened and counted. except that the Deputy Administrator such membership without regard to the
(e) The county committee shall may authorize use of the meeting or order of succession prescribed in this
provide at least 10 calendar days of polling place method in any county paragraph.
public notice that any person may where such exception is deemed (b) In the event that a vacancy, other
observe the opening and counting of the justified. than one caused by temporary absence,
election ballots. (f) Where elections are by mail or by occurs in the membership of the county
(f) All nominees shall be notified polling place, the county committee committee and no alternate is available
within 5 calendar days of the election shall give advance public notice that to fill the vacancy, a special election
date in writing of the outcome of the nominations shall be made by petition may be held to fill such vacancies as
election by the county executive in accordance with the guidelines exist in the membership.
director. issued pursuant to Section 10708 of the (c) In the event that a vacancy, other
Farm Security and Rural Investment Act than one caused by temporary absence,
§ 7.11 Election of county committee occurs in the membership of the county
of 2002 (16 U.S.C. 590h(b)(5)(VII)(aa)).
members. committee and no alternate is available
(g) Elections shall be by secret ballot
(a) Where there are three local with each eligible voter allowed to cast to fill the vacancy, the State committee
administrative areas as provided in one vote and having the option of may designate a person to serve out the
§ 7.6, there shall be an election of a writing in the name of a candidate. balance of the term of the vacant
county committee member and, if (h) Failure to elect alternates at the position on the county committee.
available, any alternates, for a term of regular election shall not invalidate
not more than 3 years, or until such § 7.15 Challenges and appeals.
such election or require a special
person’s successor is elected and election to elect alternates. (a) Challenges and appeals by
qualified, in only one of the local nominees regarding voter eligibility or
administrative areas so that the term of § 7.12 Composition of a county or area the results of a county committee
office of the county committee member committee. election shall be handled in accordance
and any alternates within one of the (a) A committee established under with the guidelines issued pursuant to
local administrative areas will expire § 7.11 shall consist of not fewer than Section 10708 of the Farm Security and
each year. three or more than five members. Rural Investment Act of 2002 (16 U.S.C.
(b) Where there are four to five local (b) Committee members shall be fairly 590h(b)(5)(VII)(aa)).
administrative areas as provided in § 7.6 representative of the agricultural (b) Any nominee shall have the right
there shall be an election of county producers within their respective LAA to challenge an election in writing, in
committee members and, if available, from which they are elected. person, or both within 15 calendar days
any alternates for a term of not more (c) The county committee shall select after the results of the election are
than 3 years, or until such person’s a secretary who shall be the county posted.
successor is elected and qualified, in executive director or other employee of (c) Challenges to the election shall be
one or two of the local administrative the county committee. made to the county committee, which
areas so that the term of office of the will provide a decision on the challenge
county committee member and any § 7.13 Tie votes. to the appellant within 7 calendar days
alternates within one or two of the local Tie votes in county committee of the receipt of the challenge.
administrative areas will expire each elections shall be settled by lot in public (d) The county committee’s decision
year. purview. may be appealed to the State Committee
within 15 calendar days of receipt of the (ii) In cases where a State line, a member just prior to the current election
notice of the decision if the appellant county line, or a local administrative in which elected office is sought. A
desires. area boundary runs through a farm, member will be considered to have
(e) In the event that an election is eligible producers residing on such farm served a term if that member served for
nullified as a result of a challenge or may hold office in the county and local a period of one and on-half years, or
appeal, or an error in the election administrative area in which the farm greater, of that term.
process, a special election shall be has been determined to be located for
conducted by the county office and program participation purposes. § 7.19 Eligibility requirements of all other
(3) Not be ineligible under § 7.27. personnel.
closely monitored by the FSA State
office. (4) Not have been dishonorably (a) The county executive director and
discharged from any branch of the other employees of the county
§ 7.16 Report of election. armed services; removed for cause from committee must not have been:
(a) The county committee shall file an any public office; convicted of any dishonorably discharged from any
election report with the Secretary fraud, larceny, embezzlement, or felony, branch of the armed services; removed
through the Deputy Administrator’s unless any such disqualification is for cause from any public office; or
office not later than 20 days after the waived by the State committee or the convicted of any fraud, larceny,
date an election is held. Deputy Administrator; embezzlement, or any other felony,
(b) The election report shall include: (5) Not have been removed as a unless any such disqualification is
(1) The number of eligible voters in county committee member, alternate to waived by the State committee or the
the local administrative area; any such office, or as an employee for: Deputy Administrator.
(2) The number of ballots cast in the Failure to perform the duties of the
election by eligible voters; (b) The county executive director or
office; committing, attempting, or
(3) The percentage of eligible voters any other employee of the county
conspiring to commit fraud;
that cast ballots; committee must not have been removed
incompetence; impeding the
(4) The number of ballots disqualified as a county committee member,
effectiveness of any program
in the election; alternate to any such office, county
administered in the county; refusal to
(5) The percentage that the number of executive director, or other employee of
carry out or failure to comply with the
ballots disqualified is of the number of the county committee for: failure to
Department’s policy relating to equal
ballots received; perform the duties of the office;
opportunity and civil rights, including
(6) The number of nominees for each committing, attempting, or conspiring to
the equal employment policy, or
seat up for election; commit fraud; incompetence; impeding
interfering with others in carrying out
(7) The race, ethnicity, and gender of the effectiveness of any program
such policy; or for violation of official
each nominee, as provided by the administered in the county; refusal to
instructions, unless any such
voluntary self identification of each carry out or failure to comply with the
disqualification is waived by the State
nominee; and Department’s policy relating to equal
(8) The final election results, committee or the Deputy Administrator;
opportunity and civil rights, including
(6) Not have been disqualified for
including the number of ballots received equal employment policy, or interfering
future service because of a
by each nominee. with others in carrying out such policy;
determination by a State committee that
or for violation of official instructions,
§ 7.17 Remedial measures during previous service as a county
unless such disqualification is waived
FSA shall consider additional efforts committee member, alternate of any
by the State committee or the Deputy
to achieve the objective that county such office, or as an employee of the
Administrator.
committees are fairly representative of county committee such person has:
failed to perform the duties of such (c) The county executive director or
agricultural producers within areas
office or employment; committed, any other employee of the county
covered by the committees. Such efforts
attempted, or conspired to commit committee must not have been
may include, but are not limited to,
fraud; impeded the effectiveness of any disqualified for future employment
compliance reviews of selected
program administered in the county; in because of a determination by a State
counties, consideration of at-large seats
the course of their official duties, committee that during previous service
or cumulative voting for certain county
refused to carry out or failed to comply as a county committee member,
committees, further centralization of the
with the Department’s policy relating to alternate to any such office, or as an
election process, and the appointment
equal opportunity and civil rights, employee of the county committee has:
of socially disadvantaged farmers to
including the equal employment policy, failed to perform the duties of such
particular committees in accordance
or interfered with others in carrying out office or employment; committed,
with a provision issued by the Secretary
such policy; or violated official attempted, or conspired to commit
authorizing such appointments.
instructions, unless any such fraud; impeded the effectiveness of any
§ 7.18 Eligibility requirements of county disqualification is waived by the State program administered in the county;
committee members. committee or the Deputy Administrator; refused to carry out or failed to comply
(a) To be eligible to hold office as a (7) Not be an employee of the U.S. with the Department’s policy relating to
county committee member or an Department of Agriculture during the equal opportunity and civil rights,
alternate to any such office, a person term of office; including the equal employment policy,
must meet the conditions set forth in (8) Not be a sales agent or employee or interfered with others in carrying out
this section. of the Risk Management Agency or their such policy; or violated official
(b) Such person must: affiliates during the term of office; instructions, unless such
(1) Satisfy the nomination criteria set (9) Not be serving as a county disqualification is waived by the State
forth in § 7.8. committee member with one or more committee or the Deputy Administrator.
(2)(i) Except as provided in paragraph years remaining in their current term of
(b)(2)(ii) of this section, be residing in § 7.20 Dual office.
office; and
the local administrative area in which (10) Not have served three A member of the county committee
the election is held. consecutive terms as county committee may not be at the same time:
(a) The secretary to the county producers of all programs and county In the event it is claimed that the
committee; committee election processes; dismissal is for such reason, the
(b) A member of the State committee; (3) Pursuant to official instructions, dismissal shall not become effective
or review, approve, and certify forms, until the State committee and the
(c) County executive director or any reports, and documents requiring such Deputy Administrator have determined
other county office employee. action in accordance with such that dismissal was not because of such
§ 7.21 Terms of office of county committee
instructions; reason;
members. (4) Recommend to the State (2) Receive, dispose of, and account
committee needed changes in for all funds, negotiable instruments, or
The term of office of county
boundaries of local administrative areas; property coming into the custody of the
committee members and alternates to
(5) Make available to farmers and the
such office shall begin on a date fixed county committee;
public, information concerning the
by the Deputy Administrator, which
objectives and operations of the § 7.26 Private business activity and
shall be after their election. Before any
such county committee members or programs administered through the conflicts of interest.
alternates to the county committee may county committee;
(6) Make available to agencies of the (a) No county committee member,
take office as a county committee alternate to any such office, or county
member, such person shall sign an oath Federal Government and others
information with respect to the county office employee shall at any time use
of office pledge that they will faithfully, such office or employment to promote
fairly, and honestly perform to the best committee activities in accordance with
official instructions issued; any private business interest.
of their ability all of the duties
(7) Give public notice of the (b) County committee members,
devolving on them as committee
designation and boundaries of each alternates, and any person employed in
members. A term of office shall
local administrative area within the the county office shall be subject to the
continue until a successor is elected and
county prior to the election of county official instructions issued with respect
qualified as provided in §§ 7.8 and 7.9.
committee members; to conflicts of interest and proper
§ 7.22 State committee duties. (8) Direct the giving of notices in conduct.
The State committee, subject to the accordance with applicable regulations
and official instructions; § 7.27 Political activity.
general direction and supervision of the
Deputy Administrator, shall be (9) Recommend to the State Permitted and prohibited political
generally responsible for carrying out in committee desirable changes in or activities, with respect to any State
the State all farm programs and farm additions to existing programs; committee member, county committee
loan programs or any other functions (10) Conduct such hearings and member, county executive director, or
assigned by the Secretary or a designee investigations as the State committee any other county employee, shall be
of the Secretary. may request; and determined in accordance with
(11) Perform such other duties as may applicable policies specified in FSA
§ 7.23 County committee duties. be prescribed by the State committee. handbooks and directives.
(a) The county committee, subject to
the general direction and supervision of § 7.24 Chairperson of the county § 7.28 Removal from office or employment
the State committee shall be generally committee duties. for cause.
responsible for carrying out in the The chairperson of the county
county, farm programs and any other committee or the person acting as the Adverse personnel actions involving
program or function assigned by the chairperson shall preside at meetings of any county committee member, county
Secretary or a designee of the Secretary. the county committee, certify such executive director, or any other county
(b) The county committee shall: documents as may require the employee will be taken in accordance
(1) Employ the county executive chairperson’s certification, and perform with applicable policies specified in
director, subject to standards and such other duties as may be prescribed FSA handbooks and directives.
qualifications furnished by the State by the State committee. § 7.29 Delegation of authority to Deputy
committee except that incumbent Administrator.
directors shall not be removed other § 7.25 County executive director duties.
than in accordance with the provisions (a) The county executive director Notwithstanding the authority vested
of § 7.28 of this part. There shall be no shall execute the policies established by by this part in a State committee, a
employment discrimination due to race, the county committee and be county committee, and the county
color, national origin, gender, religion, responsible for the day-to-day executive director, the Deputy
age, disability, political beliefs, sexual operations of the county office. Administrator shall have authority to
orientation, or marital or family status. (b) The county executive director suspend and/or remove or disqualify for
The county executive director may not shall: future service or employment, any
be removed for advocating or carrying (1) In accordance with standards and county committee member, county
out the Department’s policy on equal qualifications furnished by the State executive director, or other county
opportunity and civil rights, including committee, employ the personnel of the employee, for any and all of the reasons
the equal employment policy. In the county office. There shall be no and causes authorizing such
event it is claimed that dismissal is for employment discrimination due to race, suspension, removal, and
such reasons, the dismissal shall not color, national origin, gender, religion, disqualification by the State committee,
become effective until the State age, disability, political beliefs, sexual the county committee, or the county
committee and the Deputy orientation, and marital or family status. executive director. Any person
Administrator have determined that An employee may not be removed suspended, removed or disqualified
dismissal was not because of such under this paragraph for advocating or pursuant to this section shall be given
reasons; carrying out the Department’s policy on a written statement of the reason for
(2) Direct outreach activities to reach equal opportunity and civil rights, such action and shall be advised of the
and inform socially disadvantaged including the equal employment policy. right of review.
§ 7.30 Custody and use of books, records, § 7.33 Applicability. instructions for sending your comments
and documents. This part shall apply to the United electronically.
(a) All books, records, and documents States, its territories, and Puerto Rico. • Fax: (202) 493–2251.
of or used by the county committee in • Mail: Docket Management Facility,
§ 7.34 Retention of authority. U.S. Department of Transportation, 400
the administration of programs assigned
Nothing in this part shall preclude the Seventh Street, SW., Nassif Building,
to it, or in the conduct of elections, shall
Secretary, the Administrator, or the Room PL–401, Washington, DC 20590–
be the property of the Commodity Credit
Deputy Administrator from 0001.
Corporation or the United States
administering any or all programs, or • Hand Delivery: Room PL–401 on
Department of Agriculture, as
exercising other functions delegated to the plaza level of the Nassif Building,
applicable, and shall be maintained in
the county committee, State committee, 400 Seventh Street, SW., Washington,
good order in the county office.
or any employee of such committees. In DC, between 9 a.m. and 5 p.m., Monday
(b) For polling and mail-type exercising this authority, the Secretary, through Friday, except Federal holidays.
elections, voted ballots shall be placed the Administrator, or the Deputy • Federal eRulemaking Portal: http://
into and remain in sealed containers, Administrator may designate for such www.regulations.gov. Follow the
such containers not being opened until period of time as deemed necessary a instructions for submitting comments.
the prescribed date and time for person or persons of their choice to be
counting. Following the counting of Examining the AD Docket
in charge with full authority to carry on
ballots in all types of elections, the the programs or other functions without You may examine the AD docket on
ballots shall be placed in sealed regard to the normal duties of such the Internet at http://dms.dot.gov; or in
containers and retained for 1 year unless committees or employees. person at the Docket Management
otherwise determined by the Deputy Facility between 9 a.m. and 5 p.m.,
Administrator. Signed at Washington, DC November 17,
2006.
Monday through Friday, except Federal
(c) The books, records, and holidays. The AD docket contains this
Chuck Connor,
documents referred to in paragraph (a) proposed AD, the regulatory evaluation,
Acting Secretary of Agriculture.
of this section shall be available for use any comments received, and other
[FR Doc. E6–20052 Filed 11–27–06; 8:45 am] information. The street address for the
and examination:
BILLING CODE 3410–05–P Docket Office (telephone (800) 647–
(1) At all times by authorized
representatives of the Secretary; the 5227) is in the ADDRESSES section.
Administrator, or a designee of the Comments will be available in the AD
Administrator. DEPARTMENT OF TRANSPORTATION docket shortly after receipt.
(2) By state and county committee FOR FURTHER INFORMATION CONTACT:
Federal Aviation Administration
members, and authorized employees of Doug Rudolph, Aerospace Engineer,
the State and county office in the FAA, Small Airplane Directorate, 901
14 CFR Part 39
performance of duties assigned to them Locust, Room 301, Kansas City,
under this part, subject to instructions [Docket No. FAA–2006–26232; Directorate Missouri 64106; telephone: (816) 329–
Identifier 2006–CE–62–AD] 4059; fax: (816) 329–4090.
issued by the Deputy Administrator;
RIN 2120–AA64 SUPPLEMENTARY INFORMATION:
(3) At any reasonable time to any
program participant insofar as such Streamlined Issuance of AD
Airworthiness Directives; EADS
person’s interests under the programs The FAA is implementing a new
SOCATA Model TBM 700 Airplanes
administered by the county committee process for streamlining the issuance of
may be affected, subject to instructions AGENCY: Federal Aviation ADs related to MCAI. The streamlined
issued by the Deputy Administrator; Administration (FAA), Department of process will allow us to adopt MCAI
and Transportation (DOT). safety requirements in a more efficient
(4) To any other person only in ACTION: Notice of proposed rulemaking manner and will reduce safety risks to
accordance with instructions issued by (NPRM). the public. This process continues to
the Deputy Administrator. follow all FAA AD issuance processes to
SUMMARY: We propose to adopt a new
§ 7.31 Administrative operations. airworthiness directive (AD) for the meet legal, economic, Administrative
products listed above. This proposed Procedure Act, and Federal Register
The administrative operations of requirements. We also continue to meet
county committees including but not AD results from mandatory continuing
airworthiness information (MCAI) our technical decision-making
limited to the following, shall be responsibilities to identify and correct
conducted, except as otherwise issued by an aviation authority of
another country to identify and correct unsafe conditions on U.S.-certificated
provided in these regulations, in products.
accordance with official instructions an unsafe condition on an aviation
product. The MCAI describes the unsafe This proposed AD references the
issued: annual, sick, and other types of MCAI and related service information
employee leave; the calling, and condition as a report of a master
cylinder yoke failure. The proposed AD that we considered in forming the
conduct of elections; and the engineering basis to correct the unsafe
maintenance of records of county would require actions that are intended
to address the unsafe condition condition. The proposed AD contains
committee meetings. text copied from the MCAI and for this
described in the MCAI.
§ 7.32 Implementation.
reason might not follow our plain
DATES: We must receive comments on
language principles.
Unless specifically provided in this this proposed AD by December 28,

part, the Deputy Administrator, Field 2006. Comments Invited
Operations, FSA, is authorized to issue ADDRESSES: You may send comments by We invite you to send any written
the instructions and procedures referred any of the following methods: relevant data, views, or arguments about
to herein which implement the • DOT Docket Web Site: Go to this proposed AD. Send your comments
provisions of this part. http://dms.dot.gov and follow the to an address listed under the

Proposed Rule: Farm Service Agency State and County Committees Selection and Functions Amendments

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Proposed Rule: Farm Service Agency State and County Committees Selection and Functions Amendments

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Proposed Rules Federal Register

Tuesday, November 28, 2006

exercise the authority to appoint SDA 7.11 Election of county committee

Unless specifically provided in this this proposed AD by December 28,

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