[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Rules and Regulations]
[Pages 37755-37759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18672]


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NORTHEAST DAIRY COMPACT COMMISSION

7 CFR Parts 1361 and 1371


Rulemaking Procedures; Producer Referendum

AGENCY: Northeast Dairy Compact Commission.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule establishes and implements regulations 
governing administrative procedures for the Northeast Dairy Compact 
Commission. This rule provides the procedures for rulemaking, including 
processes for public notice, comment and hearing, and procedures for 
conducting a producer referendum, as part of the rulemaking process, 
including procedures for block voting by qualified cooperative 
associations of milk producers, as required by the Northeast Interstate 
Dairy Compact (``Compact'').

DATES: Interim rule effective July 14, 1998; Comments must be received 
on or before September 14, 1998.

ADDRESSES: Comments may be mailed to, or delivered to, Northeast Dairy 
Compact Commission, 43 State Street, P.O. Box 1058, Montpelier, Vermont 
05601-1058 between the hours of 8:30 a.m.-5:00 p.m. Comments received 
may also be inspected at 43 State Street between 8:30 a.m.-5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Kenneth M. Becker, Executive Director, 
Northeast Dairy Compact Commission at the above address or by telephone 
at (802) 229-1941, or by facsimile at (802) 229-2028.

SUPPLEMENTARY INFORMATION:

Background

    The Northeast Dairy Compact Commission (the ``Commission'') was 
established under authority of the Northeast Interstate Dairy Compact 
(``Compact''). The Compact was enacted into law by each of the six 
participating New England states as follows: Connecticut-Pub. L. 93-
320; Maine-Pub.

[[Page 37756]]

L. 89-437, as amended, Pub. L. 93-274; Massachusetts-Pub. L. 93-370; 
New Hampshire-Pub. L. 93-336; Rhode Island-Pub. L. 93-106; Vermont-Pub. 
L. 89-95, as amended, 93-57. In accordance with Article I, Section 10 
of the United States Constitution, Congress consented to the Compact in 
Pub. L. 104-127 (FAIR ACT), Section 147, codified at 7 U.S.C. 7256. 
Subsequently, the United States Secretary of Agriculture, pursuant to 7 
U.S.C. 7256(1), authorized implementation of the Compact.
    This interim rule establishes the Compact Commission's regulations 
for the conduct of rulemaking proceedings, including the producer 
referendum balloting, as authorized under sections 11, 12, and 13 of 
the Compact. These rulemaking procedures apply only to the issuance, or 
amendment, of a compact over-order price regulation, or a commission 
marketing order, including any provision with respect to milk supply, 
and any process initiated by the Compact Commission in which the 
subjects and issues involved relate to such price regulation, 
commission marketing order, or provision with respect to milk supply 
or, proposed amendment thereto. The producer referendum is conducted in 
order to ascertain whether milk producers approve the issuance or 
amendment of such regulations or marketing order, as required by 
section 13 of the Compact.

List of Subjects in 7 CFR Parts 1361 and 1371

    Administrative Practice and Procedure, Rulemaking, Milk.

Codification in Code of Federal Regulations

    For reasons set forth in the preamble, the Compact Commission adds 
new parts 1361 and 1371 to 7 CFR chapter XIII as follows:

PART 1361--RULEMAKING PROCEDURES

Sec.
1361.1  Applicability.
1361.2  Commencement of proceedings.
1361.3  Notice.
1361.4  Submission of written comment and exhibits independent of 
the hearing.
1361.5  Conduct of the hearing.
1361.6  Availability of the transcript.
1361.7  Additional comment and proposed findings by interested 
persons.
1361.8  Commission deliberation and decision; proposed regulation; 
proposed findings.
1361.9  Effective date of regulation.
1361.10  Handler's right to petition for administrative review; 
Judicial review.
1361.11  Ex Parte Communications.
    Authority: 7 U.S.C. 7256.


Sec. 1361.1  Applicability.

    This section applies to:
    (a) The establishment of a compact over-order price regulation, as 
defined in subsection 2(8) of the Compact, including any provision with 
respect to milk supply under subsection 9(f) of the Compact;
    (b) Any amendment of such over-order price regulation or provision 
with respect to milk supply; and
    (c) Any process initiated by the Compact Commission in which the 
subjects and issues involved relate to such price regulation or 
provision with respect to milk supply or, proposed amendment thereto.


Sec. 1361.2  Commencement of proceedings.

    (a) Upon the Commission's initiative--The Compact Commission may 
commence a rulemaking proceeding on its own initiative, including upon 
the recommendation of the Committee on Regulations and Rulemaking.
    (b) Upon the request of a state delegation--A state delegation may 
request the initiation of a rulemaking proceeding by presenting its 
request to the Committee on Regulations and Rulemaking. The Committee 
on Regulations and Rulemaking shall make a recommendation to the 
Compact Commission, through the Chair, as to whether the state 
delegation's request should be pursued; provided that the state 
delegation may in any event place its request before the Compact 
Commission for its consideration.
    (c) Upon petition of any person or organization--In its sole 
discretion, the Compact Commission may commence a rulemaking proceeding 
upon petition of any person. Such persons or organizations may include 
individual milk producers or handlers, any organization of milk 
producers or handlers, general farm organizations, consumer or public 
interest groups, and local, state or federal officials.
    (1) A person or organization petitioning for commencement of a 
rulemaking proceeding shall submit to the Compact Commission a 
statement in support of the petition. This statement shall include a 
brief written explanation of how the proposal will promote the purposes 
of the Compact.
    (2) Petitions submitted under this paragraph shall be forwarded to 
the Committee on Regulations and Rulemaking for review. If that 
Committee determines the proposal will tend to promote the purposes of 
the Compact, the Committee shall notify the Chair of its determination. 
The Chair shall then convene the Compact Commission to determine 
whether the Commission desires to initiate a rulemaking proceeding 
based upon the petition.
    (3) If the Committee on Regulations and Rulemaking determines the 
proposal will not tend to promote the purposes of the Compact, the 
Committee, through the Chair, shall promptly notify the petitioner of 
its decision. Notice of denial shall include a brief statement of the 
grounds for the denial. Upon the request of the petitioner, and in the 
discretion of the Chair, the Commission may review the denial of a 
petition by the Committee on Regulations and Rulemaking.
    (d) Commencement of proceedings -- At the discretion of the Compact 
Commission, the Chair shall commence any rulemaking proceeding. The 
Chair shall commence the proceeding by serving notice in accordance 
with Sec. 1361.3.


Sec. 1361.3  Notice.

    (a) Contents of the notice -- subject matter--Notice filed by the 
Chair of the Commission shall include a concise summary of the proposed 
price regulation and provision with respect to milk supply, or proposed 
amendment, or a concise statement that such regulation or amendment is 
the subject and issue involved. If for specific, proposed regulation or 
amendment, the notice shall identify the geographic area and persons to 
be covered, and a proposed effective date. The notice shall also 
identify the Compact as the legal authority under which the price 
regulation is proposed.
    (b) Contents of the notice -- date, time and place of hearing -- 
Notice shall be given of the date, time and place of the hearing to be 
held by the Compact Commission in accordance with section 11 of the 
Compact. The date of the hearing shall be at least 15 days after the 
publication of notice as provided in paragraph (d) of this section.
    (c) Right to provide comment -- The notice shall identify the right 
of any person to participate in the rulemaking proceeding by the 
submission of written comment, either as part of, or independent of, 
the hearing.
    (d) Publication of notice and supplemental publicity -- The Chair 
shall give notice under this section as follows:
    (1) By publication in the Federal Register;
    (2) By publication in the official register of each participating 
state and as otherwise required by the laws of the states. If the laws 
of a particular state do not require publication of notice in a 
newspaper of general circulation within

[[Page 37757]]

that state, the Compact Commission shall provide for such publication; 
and
    (3) By correspondence to interested persons in accordance with a 
list of such persons compiled by the Compact Commission. Any interested 
person may have his or her name added to the list by making a written 
request to the Compact Commission.
    (e) Notice may also be provided by:
    (1) Forwarding copies of the notice to the governors of such other 
states as the Chair determines should be notified; or
    (2) At the discretion of the Compact Commission, by issuance of a 
press release containing the contents of the notice or a summary of the 
contents of the notice to those newspapers in the area proposed to be 
subjected to regulation as will reasonably tend to bring the notice to 
the attention of interested persons; or
    (3) Such other notice as directed by the Compact Commission.


Sec. 1361.4  Submission of written comment and exhibits independent of 
the hearing.

    Any person may submit to the Compact Commission written comment and 
exhibits independent of the hearing. Comment and exhibits may be 
submitted at any time until the closing date of the post-hearing 
comment period established under Sec. 1361.7. The comment and exhibits 
shall be made part of the record of the rulemaking proceeding if they 
identify the author's name, address and occupation and if they include 
a sworn, notarized statement indicating that the comment is presented 
based upon the author's personal knowledge or belief.


Sec. 1361.5  Conduct of the hearing.

    (a) Presiding Officer--The Chair of the Commission shall be the 
presiding officer, or in his or her absence, the Vice-Chair. In the 
absence of either officer, the Compact Commission shall elect a 
presiding officer from those members present at the hearing or retain a 
qualified member of the public to serve as presiding officer.
    (b) Authority of the Presiding Officer--The presiding officer shall 
have the authority to:
    (1) Regulate the course of the hearing;
    (2) Administer oaths and affirmations;
    (3) Rule upon issues of evidence and procedure and receive 
affidavits; and
    (4) Present questions to the Compact Commission for its 
determination.
    (c) Recording of Notice--At the opening of the hearing, the 
presiding officer shall certify for the record the provision of notice 
under Sec. 1361.3.
    (d) Transcript--The Secretary of the Compact Commission shall cause 
a complete transcript to be kept of the hearing proceeding. The 
Secretary shall certify a true copy of the record of all testimony and 
exhibits entered into evidence.
    (e) Appearance; Right to Appear--Any person shall be given an 
opportunity to appear, either in person or through a representative, 
subject to reasonable procedures (e.g., regarding time allowed for 
testimony) established by the presiding officer. Witnesses shall 
provide their names, addresses and occupations for the record before 
proceeding to testify. A person acting as representative on behalf of 
another shall so identify himself or herself, provide his or her name, 
address and occupation for the record, and shall provide any other 
information as required by the presiding officer.
    (f) Testimony--Persons shall be sworn or make affirmation before 
testifying. Any member of the Compact Commission or designated staff 
may ask questions of a person giving testimony.
    (g) Evidence--To the degree possible, evidence shall be presented 
in a form consistent with the provisions of section 9(e) of the 
Compact. Evidence which is relevant and material to the subject matter 
of the hearing and is of a type commonly relied upon by reasonably 
prudent persons shall be admissible. Evidence that is irrelevant, 
immaterial or unduly repetitious shall be excluded. As possible, the 
relevancy of evidence shall be determined by reference to the 
provisions of section 9(e) of the Compact.
    (1) Exclusion of evidence; objections and offers of proof--The 
presiding officer may act to exclude evidence on his or her own or upon 
a request by any Compact Commission member. The person testifying may 
object to a ruling to exclude evidence. The person shall state the 
reasons for the objection, and provide an offer of proof, consisting of 
a statement of the substance of the testimony or that which is expected 
to be shown by the answer; provided that the presiding officer may 
limit the length of time allowed for the offer of proof. The record 
shall reflect the objection, the stated basis for the objection and the 
offer of proof. The presiding officer shall either overrule the 
objection, and exclude the evidence from the record, or stay a ruling 
on the objection to permit action by the Compact Commission at a future 
time. If the Compact Commission, upon consideration of the objection 
and offer of proof, permits the evidence, it shall reopen the record 
and allow the testimony to be entered. Only evidence so received by 
proper objection and offer of proof may be the subject of future 
consideration. The person testifying shall be notified within three 
days of the Compact Commission's ruling on the objection.
    (2) Exhibits, Documentary and Real Evidence--All written 
statements, charts, tabulations or similar data offered in evidence at 
the hearing shall be made part of the record upon identification by the 
witness and upon satisfactory showing of its authenticity, relevance 
and materiality. At the discretion of the presiding officer, any part 
of an exhibit that is irrelevant or immaterial may be excluded and the 
remainder admitted.
    (3) Cost Conclusions--conclusory statements regarding costs shall 
be admissible only if supported by actual cost data based on actual 
operations of producers, handlers or retailers, as appropriate. 
Projections or estimates of costs shall be considered only where the 
actual costs or other data upon which such projections or estimates are 
provided as part of the analysis.
    (4) Commission Evidence--The Compact Commission may introduce the 
results and data of any inquiry or investigation conducted by the 
Commission, or any other evidence it deems appropriate. The Commission 
may also designate as evidence all or part of the record of prior 
hearings before the Commission.
    (5) Official notice--The Compact Commission may take official 
notice of such matters as are judicially noticed by the courts of the 
United States and any other matter of technical, scientific or 
commercial fact of established character. Matters taken by official 
notice shall be so designated in the record. Interested persons shall 
be given adequate notice of this action, at the hearing or afterward, 
and opportunity to demonstrate that the facts are inaccurate or were 
erroneously noticed.


Sec. 1361.6  Availability of the transcript.

    (a) Availability--A copy of the hearing transcript shall be 
available for review at the Compact Commission place of business during 
its official business hours, within 48 hours of the completion of the 
hearing, unless otherwise specified by the presiding officer at the 
close of the hearing.
    (b) Copies--A copy of the transcript may be obtained upon written 
request and payment of reasonable cost per page.


Sec. 1361.7  Additional comment and proposed findings by interested 
persons.

    At the conclusion of the hearing, the presiding officer shall 
announce that persons who have participated in the hearing may submit 
comment and proposed findings of fact. The comment

[[Page 37758]]

or findings, or both, shall be received within fourteen calendar days 
of the conclusion of the hearing, unless otherwise specified in the 
published notice of proposed rulemaking. Any proposed findings shall be 
presented in a form consistent with the finding requirements of 
Sec. 1361.8, and shall be based solely on evidence included in the 
record. Page numbers of the transcript, where supporting evidence 
appears, shall be cited whenever possible.


Sec. 1361.8  Commission deliberation and decision; proposed regulation; 
proposed findings.

    (a) Commission deliberation and decision--The Compact Commission 
shall convene as a whole as soon as is practicable after the close of 
the post-hearing comment period. In accordance with the requirements of 
section 4 of the Compact, the Commission shall vote to decide whether 
to propose for referendum a Compact over-order price regulation and 
provision with regard to milk supply, or amendment thereof. A majority 
of the individual Commission members, with at least one member from 
each delegation, shall constitute a quorum for this deliberative 
meeting of the Compact Commission.
    (b) Proposed regulation--If approved, the Compact Commission shall 
devise the proposed price regulation, and provision with respect to 
milk supply, or an amendment, by incorporating those provisions of 
sections 9 and 10 of the Compact as are necessary and appropriate. The 
regulation shall be set forth in sufficient detail so as to provide 
sufficient notice of its requirements to those subject to the 
regulation.
    (c) Proposed findings--If a proposed regulation or amendment is 
approved, the Compact Commission shall prepare proposed findings of 
fact, in a form consistent with the requirements of section 12 of the 
Compact, with respect to:
    (1) Whether the public interest will be served by the establishment 
of minimum milk prices to dairy farmers;
    (2) What level of prices will assure that producers receive a price 
sufficient to cover their costs of production and will elicit an 
adequate supply of milk for the inhabitants of the regulated area and 
for manufacturing purposes;
    (3) Whether the major provisions of the regulation or amendment, 
other than those establishing the Compact over-order price, are in the 
public interest and are reasonably designed to achieve the purposes of 
the regulation or amendment; and
    (4) The need for a producer referendum in accordance with part 
1371.


Sec. 1361.9  Effective date of regulation.

    A Compact over-order price or amendment approved by referendum 
under part 1371 shall become effective in accordance with a schedule 
for administration established between the Compact Commission and the 
applicable Federal Market Order Administrator. Notice of the substance 
of the approved regulation or amendment, including the effective date, 
shall be given in accordance with Sec. 1361.3. In addition, the Compact 
Commission shall ensure actual notice by certified mail, return receipt 
requested, to all milk processors who will be subject to the terms of 
the regulation on the effective date. The Compact Commission may 
provide notice to any other interested persons.


Sec. 1361.10  Handler's right to petition for administrative review; 
Judicial review.

    (a) Petition--In accordance with section 16(b) of the Compact, and 
pursuant to the provisions of part 1381, any handler subject to an 
order of the Compact Commission establishing a Compact over-order price 
regulation may petition the Commission for hearing and review.
    (b) Judicial Review--In accordance with the provisions of section 
16(c) of the Compact, such handler shall have a right to judicial 
review of the Compact Commission's ruling with respect to the handler's 
petition for review.


Sec. 1361.11  Ex Parte Communications.

    (a) Following notice of a hearing, pursuant to Sec. 1361.3, and 
prior to the conclusion of a producer referendum, or the final decision 
of the Commission, whichever is later, no Compact Commission member or 
Commission staff person shall discuss ex parte the merits of the 
rulemaking proceeding with any person having an interest in the 
proceeding or with any representative of such person.
    (b) Following notice of a hearing, pursuant to Sec. 1361.3, and 
prior to the conclusion of a producer referendum, or the final decision 
of the Commission, whichever is later, Compact Commission members shall 
not discuss among themselves the merits of the rulemaking proceeding 
except as part of the formal meeting of the Commission convened for 
this purpose under Sec. 1361.8.
    (c) A Compact Commission member or Commission staff person who 
receives a written or oral communication prohibited by this section 
shall disclose the substance of such communication on the record. As 
necessary and appropriate, the Commission may act accordingly to 
nullify the effect of the prohibited communication.
    (d) This section shall not be construed to apply to requests for 
status reports or requests on other procedural matters.

PART 1371--PRODUCER REFERENDUM

Sec.
1371.1  Definitions.
1371.2  Purpose.
1371.3  Referendum procedure.
1371.4  Referendum agent.
1371.5  Confidentiality of ballots.
1371.6  Publication of referendum results.
1371.7  Ballots.
1371.8  Qualified cooperative block vote.

    Authority: 7 U.S.C. 7256.


Sec. 1371.1  Definitions.

    As used in this part, and in addition to the terms defined herein, 
the terms defined in Article II, section 2 of the Compact and in 7 CFR 
part 1301 shall apply with equal force and effect.
    Approved by producers means that at least two-thirds of the 
eligible producers who cast a vote approve the proposed order or 
amendment.
    Cooperative block vote means a vote of approval or disapproval of a 
proposed order or amendment, cast in a producer referendum, by a 
qualified cooperative on behalf of its members or stockholders who are 
eligible producers.
    Eligible producer means a producer who, during the representative 
period determined by the Commission, has been engaged in the production 
of milk, the price of which would be regulated under the proposed order 
or amendment.
    Producer referendum means the balloting process by which the 
Commission determines whether a proposed order or amendment is approved 
by eligible producers.
    Qualified cooperative means a cooperative association of producers, 
qualified under the provisions of the Act of Congress of February 18, 
1922, as amended, known as the Capper-Volstead Act, bona fide engaged 
in marketing milk, or in rendering services for or advancing the 
interests of producers of milk, but shall not include any cooperative 
which has been formed to act as a common marketing agency for both 
cooperatives and individual producers.
    Representative period means that period of time designated by the 
Commission for the purpose of determining who is a producer eligible to 
participate in a producer referendum.

[[Page 37759]]

Sec. 1371.2  Purpose.

    Prior to issuing, or amending, any regulation establishing a 
Compact over-order price regulation, including any provision with 
respect to milk supply, the Compact Commission shall conduct a producer 
referendum for the purpose of ascertaining whether the issuance or 
amendment of such regulation is approved by producers.


Sec. 1371.3  Referendum procedure.

    The Commission shall certify the referendum procedure at the time 
it approves a final regulation. The referendum procedure shall include:
    (a) A designated representative period for determining eligible 
producers;
    (b) The date by which the ballots will be distributed to eligible 
producers and qualified cooperatives;
    (c) The date by which all qualified cooperatives must mail notices 
to eligible producer members as required by Sec. 1371.9(b) and (c);
    (d) The date by which all ballots must be received at the 
Commission office;
    (e) A designated referendum agent; and
    (f) Any other procedures necessary for the conduct of the 
particular producer referendum.


Sec. 1371.4  Referendum agent.

    The designated referendum agent shall:
    (a) Verify all ballots, cast individually or by block vote, with 
respect to timeliness, producer eligibility, cooperative 
identification, authenticity and other steps taken to avoid duplication 
of ballots.
    (b) Mark ballots determined to be invalid ``disqualified'' with a 
notation of the reason for disqualification. Disqualified ballots shall 
not be considered in determining approval or disapproval of the 
regulation.
    (c) Compute and certify the following:
    (1) The total number of ballots cast;
    (2) The total number of ballots disqualified;
    (3) The total number of verified ballots cast in favor of the 
regulation or amendment;
    (4) The total number of verified ballots cast in opposition to the 
regulation or amendment;
    (5) Whether two-thirds of all verified ballots were cast in the 
affirmative.
    (d) Report to the Executive Director of the Compact Commission the 
certified computations and results of the referendum under section (c); 
and
    (e) At the completion of his or her work, seal all ballots, 
including the disqualified ballots, and submit a final report to the 
Executive Director stating all actions taken in connection with the 
referendum. The final report shall include all ballots cast and all 
other information furnished to or compiled by the Referendum Agent.


Sec. 1371.5  Confidentiality of ballots.

    The ballots cast, the identity of any person or cooperative, or the 
manner in which any person or cooperative voted, and all information 
furnished to or compiled by the Referendum Agent shall be regarded as 
confidential.


Sec. 1371.6  Publication of referendum results.

    The Executive Director shall publish the certified results of the 
referendum in the Federal Register.


Sec. 1371.7  Ballots.

    (a) The Compact Commission shall prepare and ensure the prompt 
distribution of a ballot to all eligible producers consistent with the 
dates prescribed in the referendum procedure under Sec. 1361.3.
    (b) The ballot shall describe the terms and conditions of the 
referendum and be accompanied by an official copy of the proposed 
regulation or amendment. The ballot shall provide notice that a 
producer may register his or her approval or disapproval with the 
Compact Commission either directly or through his or her cooperative. 
The ballot shall indicate that any qualified cooperative eligible to 
block vote must provide written notice to each eligible producer as to 
whether and how it intends to cast its vote. The notice shall also 
identify the final due date for the Commission's receipt of the 
completed ballot.


Sec. 1371.8  Qualified cooperative block vote.

    (a) Qualified cooperatives may block vote on behalf of their 
eligible producer members in accordance with section 13(c) of the 
Compact. The Compact Commission shall ensure that each qualified 
cooperative is notified of its right to cast a block vote on behalf of 
eligible members in each producer referendum by the date prescribed 
pursuant to Sec. 1371.3(b).
    (b) A qualified cooperative shall, before casting its ballot in any 
referendum, give prior written notice to each of its eligible producers 
of how it intends to cast its vote. The notice and ballot shall be on 
the form provided by the Commission and shall be mailed by the 
cooperative to eligible producer members as prescribed in the producer 
referendum procedure pursuant to Sec. 1371.3. The notice shall make 
express reference to the ballot documentation provided by the Compact 
Commission, and may include a copy of such documentation.
    (c) Any qualified cooperative that does not intend to block vote 
shall give written notice to each of its members on a form approved by 
the Compact Commission. The notice shall be mailed by the cooperative 
to eligible producer members as prescribed in the producer referendum 
procedure pursuant to Sec. 1371.3. The notice shall make express 
reference to the ballot documentation provided by the Compact 
Commission, and may include a copy of such documentation.
    (d) Each qualified cooperative shall certify to the Compact 
Commission, on the form provided by the Commission, that it is 
qualified to block vote and that it has provided proper and timely 
notice of either the ballot cast or of the decision that the 
cooperative is not casting a block vote. The cooperative shall mail a 
copy of the notice to the Commission no later than two days after 
mailing of notice to members. Cooperatives that are voting shall also 
submit the original executed ballot in a separate envelope marked 
``Referendum Ballot,'' or as otherwise provided in the referendum 
procedure pursuant to Sec. 1371.3.
    (e) If the ballot submitted to the Commission by a qualified 
cooperative differs in any significant way from the notice of its 
ballot sent to member producers, then the Commission may take 
appropriate remedial action.
    (f) A producer who is a member of a cooperative that has provided 
notice of its intent to cast a block vote to approve or not to approve 
a proposed order or not to cast a block vote and who by ballot 
expresses his approval or disapproval of the proposed order, shall 
notify the Compact Commission as to the name of the cooperative of 
which he or she is a member, and the Commission shall remove such 
producer's name from the list certified by such cooperative with its 
corporate vote. If the producer lists the name of a cooperative that is 
different from the cooperative identified by the ballot number, as 
determined by the representative period for the referendum, the latter 
will control.

    Dated: July 8, 1998.
Kenneth M. Becker,
Executive Director.
[FR Doc. 98-18672 Filed 7-13-98; 8:45 am]
BILLING CODE 1650-01-P