REG 7 CFR PART 7-2012 SELECTION AND FUNCTIONS OF AGRICULTURAL STABILIZATION AND CONSERVATION STATE COUNTY AND COMMUNITY COMMITTEES.pdf

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1、352 7 CFR Subtitle A (1112 Edition) 6.44 specified in paragraph (a)(1) of this sec-tion, the Investigating Authority may adjust the average of prices determined for such designated area on the basis of the average of prices determined for the major market area which is deter-mined to be the most rep

2、resentative of the designated area, taking into con-sideration any special factors which may be affecting prices in the des-ignated area. (3) The domestic wholesale market price determined by the Investigating Authority for a similar article pro-duced in the United States to that arti-cle of quota c

3、heese which is alleged to be involved in price-undercutting shall be the average of prices at which wholesalers have sold the similar arti-cle produced in the United States in the designated area, as obtained in a survey directed by the Investigating Authority during the investigation: Provided, Tha

4、t whenever the designated area is not or does not include one of the major market areas specified in paragraph (a)(1) of this section, the In-vestigating Authority may adjust the average of prices determined for such designated area on the basis of the av-erage of prices determined for the major mar

5、ket area which is deter-mined to be the most representative of the designated area, taking into con-sideration any special factors which may be affecting prices in the des-ignated area. (4) Similar article produced in the United States shall be an article of cheese, cheese product, or imitation chee

6、se produced in the United States and marketed in the domestic whole-sale market, which is determined by the Investigating Authority, based upon available information to be most like the imported article of quota cheese alleged to be involved in price- undercutting, in terms of its physical propertie

7、s and end use. In making this determination, first consideration shall be given to the normal end uses of the article produced in the United States in comparison with the end use of the article of quota cheese alleged to be involved in price-undercutting. If the end use of both articles is deter-min

8、ed to be the same (e.g., processing or retail sale), the physical character-istics of the two articles shall be con-sidered. If the common end use of the two arti-cles is processing, the representative samples of the two articles shall be ex-amined in terms of processing quality, taking special note

9、 of processing yields. If the common end use of the two articles is retail sale, representa-tive samples of the two articles shall be examined in terms of similarities of taste, texture, general appearance, quality, age, and packaging. Imported imitation quota cheese shall only be compared with imit

10、ation domestic cheese. If it is determined that the do-mestic cheese the price of which is claimed to be undercut is not similar to the quota cheese allegedly undercut-ting it, there shall be no finding of price-undercutting. (b) Reporting determinations. Deter-minations by the Secretary as to the v

11、alidity of allegations of price-under-cutting made under this subpart shall be published in the FEDERAL REGISTER not later than 5 days after the date the determination is made. 6.44 Delegation of authority. The powers vested in the Adminis-trator, FAS, insofar as such powers re-late to the functions

12、 of the Inves-tigating Authority by this regulation are hereby delegated to the Inves-tigating Authority. This final rule has been reviewed under the USDA criteria established to implement Executive Order 12044, Improving Government Regulations. a determination has been made that this action should

13、not be classified significant under those criteria. A Final Impact Statement has been prepared and is available from Carol M. Harvey in room 6622, South Agriculture Building, 14th and Inde-pendence Ave., SW., Washington, DC 20250. PART 7SELECTION AND FUNC-TIONS OF AGRICULTURAL STA-BILIZATION AND CON

14、SERVATION STATE, COUNTY AND COMMU-NITY COMMITTEES Sec. 7.1 Administration. 7.2 General. 7.3 Definitions. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo

15、rking permitted without license from IHS353 Office of the Secretary, USDA 7.5 7.4 Selection of committee members. 7.5 Eligible voters. 7.6 Determination of elective areas. 7.7 Calling of elections. 7.8 Conduct of community committee elec-tions. 7.9 Election of community committee mem-bers, delegates

16、 to local administrative area and county conventions, and county committee members. 7.10 Conduct of county convention. 7.11 County committee members. 7.12 Tie votes. 7.13 Vacancies. 7.14 Appeals. 7.15 Eligibility requirements of county committee members, community com-mittee members, and delegates.

17、7.16 Eligibility requirements of all other personnel. 7.17 Dual office. 7.18 Terms of office of county and commu-nity members. 7.19 Terms of office of delegates to the con-ventions. 7.20 State committee duties. 7.21 County committee duties. 7.22 Community committee duties. 7.23 Chairperson of the co

18、unty committee duties. 7.24 Chairperson of the community com-mittee duties. 7.25 County executive director duties. 7.26 Private business activity and conflicts of interest. 7.27 Political activity. 7.28 Removal from office or employment for cause. 7.29 Delegation of authority to Deputy Ad-ministrato

19、r. 7.30 Right of review. 7.31 Hearing in connection with appeals and requests for reconsideration to Deputy Administrator. 7.32 Findings, analysis, and recommenda-tions of hearing officer. 7.33 Determination of the Deputy Adminis-trator. 7.34 Custody and use of books, records, and documents. 7.35 Ad

20、ministrative operations. 7.36 Implementation. 7.37 Applicability. 7.38 Retention of authority. AUTHORITY: Secs. 4 and 8 of the Soil Con-servation and Domestic Allotment Act, as amended; 49 Stat. 164 and 1149, as amended (16 U.S.C. 590d and 590h). SOURCE: 52 FR 48512, Dec. 23, 1987, unless otherwise

21、noted. 7.1 Administration. (a) The regulations of this part are applicable to the election and func-tions of community and county Agri-cultural Stabilization and Conserva-tion (ASC) committee and the func-tions of State ASC committees (com-munity, county, and State com-mittees, respectively). State,

22、 county, and community committees shall be under the general supervision of the Administrator, Agricultural Stabiliza-tion and Conservation Service (ASCS). (b) State, county, and community committees, and representatives and employees thereof, do not have author-ity to modify or waive any of the pro

23、vi-sions of this part. (c) The State committees shall take any action required by these regula-tions which has not been taken by the county committee. The State com-mittee shall also: (1) Correct, or require a county com-mittee to correct, any action taken by such county committee which is not in ac

24、cordance with this part, or (2) Require a county committee to withhold taking any action which is not in accordance with this part. (d) No provision or delegation herein to a State or county committee shall preclude the Administrator, ASCS, or a designee of the Administrator, from de-termining any q

25、uestion arising under this part, or from reversing or modi-fying any determination made by a State or county committee. 7.2 General. State, county, and community com-mittees shall, as directed by the Sec-retary of a designee of the Secretary, carry out the programs and functions of the Secretary. 7.

26、3 Definitions. The terms defined in part 719 of this title governing the reconstitution of farms shall also be applicable to this part. 7.4 Selection of committee members. State committee members shall be selected by the Secretary and shall serve at the pleasure of the Secretary. County and communit

27、y committee members shall be elected in accordance with 7.9 of this part. 7.5 Eligible voters. (a) Voters eligible to participate in: VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for R

28、esaleNo reproduction or networking permitted without license from IHS354 7 CFR Subtitle A (1112 Edition) 7.6 (1) The direct election of county com-mittee members and (2) Community committee elections shall be persons who meet the require-ments of paragraphs (b) and (c) of this section. (b) Any perso

29、n, regardless of race, color, religion, sex, age, or national or-igin, who has an interest in a farm as owner, operator, tenant, or share-cropper and who is of legal voting age in the State in which the farm is lo-cated, and any person not of such legal voting age who is in charge of the su-pervisio

30、n and conduct of the farming operations on an entire farm, shall be eligible to vote for direct election of county committee members or commu-nity committee members if such per-son is eligible to participate with re-spect to the farm in any program ad-ministered by the county committee. (c) In any S

31、tate having a community property law, the spouse of a person who is eligible to vote in accordance with paragraph (b) of this section shall also be eligible to vote. (d) If an eligible voter is an entity other than an individual, the eligible voters vote may be cast by a duly au-thorized representat

32、ive of such entity, as determined by the Deputy Adminis-trator, State and County Operations, ASCS (Deputy Administrator). (e) Each county office shall have a list of eligible voters for each commu-nity within the county available for public inspection in advance of the community committee election.

33、(f) Each eligible voter shall be enti-tled to only one ballot in any election held in any one local administrative area. If the eligible voter has an inter-est in land located in more than one community in the county, such voter shall not be entitled to vote in more than one community in the county.

34、 There shall be no voting by proxy. 7.6 Determination of elective areas. (a) Local administrative areas and com-munities. (1) Except as provided in para-graph (b) of this section, there shall be three local administrative areas in each county. With respect to Alaska, the term county shall be the are

35、a so designated by the State committee. (2) Each local administrative area shall have at least one community committee consisting of three mem-bers. (3) The boundaries of the commu-nities and local administrative areas shall be determined by the State com-mittee after considering recommenda-tions by

36、 the county committee. (b) Exceptions to general rule. (1) A local administrative area may have more than one community committee if the county had more than three com-munity committees on December 23, 1985. (2) In counties with less than 150 pro-ducers, the county committee may re-duce the number o

37、f communities to one. (3) The Deputy Administrator may include more than one county or parts of different counties in a community if it is determined that there is an insuf-ficient number of producers in an area to establish a slate of candidates for a community committee and hold an election. (4) I

38、n counties which had less than three communities on December 23, 1985, the county committee may estab-lish one community for the county. (5) In any county where there is only one community, the community com-mittee shall be the county committee. (c) The county committee shall give public notice of t

39、he community bound-aries in advance of the election. 7.7 Calling of elections. (a) Each election of community com-mittee members shall be held on a date, or within a specified period of time, determined by the Deputy Ad-ministrator. Such date or period of time shall fall within a period begin-ning o

40、n or after July 1 and ending not later than December 30 each year. Each such election shall be held in accord-ance with instructions issued by the Deputy Administrator which shall be available for examination in each county office. (b) If the number of eligible voters voting in any election of commu

41、nity committee members is so small that the State committee determines that the result of the election does not rep-resent the views of a substantial num-ber of eligible voters, the State com-mittee shall declare the election void VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00364 Fmt

42、8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS355 Office of the Secretary, USDA 7.9 and call a new election. If it is deter-mined by the State committee that the election for any p

43、osition on a commu-nity committee has not been held sub-stantially in accordance with official instructions, the State committee shall declare such election void and call a new election. 7.8 Conduct of community committee elections. (a) The county committee serving at the time shall be responsible f

44、or the conduct of community committee elec-tions in accordance with instructions issued by the Deputy Administrator. (b) Elections shall not be associated with, or held in conjunction with, any other election or referendum conducted for any other purpose. (c) The county committee shall give advance

45、public notice of how, when, and where eligible voters may vote; when and where the votes will be counted; and the right to witness the vote counting. (d) All nominees shall be notified in writing of the outcome of the election by the county executive director. 7.9 Election of community committee mem

46、bers, delegates to local admin-istrative area and county conven-tions, and county committee mem-bers. (a) Where there are three local ad-ministrative areas as provided in 7.6 of this part there shall be an election of community committee members and alternates for a term of three years, or until suc

47、h persons successor is elected and qualified, in one of the local ad-ministrative areas so that the term of office of the community committee members and alternates within one of the local administrative areas will ex-pire each year. (b) Except as provided in paragraph (d) of this section, the eligi

48、ble voters in a community shall elect every three years a community committee com-posed of three members and shall elect first and second alternates to serve as acting members of the community committee in the order elected in case of the temporary absence of a member, or to become a member of the c

49、ommu-nity committee in the order elected in case of the resignation, disqualifica-tion, removal, or death of a member. An acting member of the community committee shall have the same duties and the same authority as a regular member of such committee. The elec-tion shall be conducted by mail ballot in all counties, except that the Deputy Administrator may authorize use of the meeting or polling place method in a specific county where such is deemed justified. Where elections are by mail or by polling place,