[Federal Register: June 7, 2002 (Volume 67, Number 110)]
[Rules and Regulations]               
[Page 39249-39254]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn02-2]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1280

[No. LS-02-05]

 
Lamb Promotion, Research, and Information Program: Rules and 
Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule implements provisions of the Lamb Promotion, 
Research, and Information Order (Order), which established a national 
and industry-funded lamb promotion, research, and information program 
pursuant to the Commodity Promotion, Research, and Information Act of 
1996 (Act). This rule will implement Order provisions concerning the 
collection and remittance of assessments, procedures for obtaining a 
refund, reporting, and books and records. In addition, comments are 
requested on a new form for certification of exempt transactions. Since 
the Lamb Promotion, Research, and Information Board (Board) is not in 
place, this rule provides for the Department of Agriculture 
(Department) to receive assessments and reports beginning July 1, 2002.

DATES: This rule is effective July 1, 2002. Comments must be received 
by August 6, 2002.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Send a copy of your comments to 
Marlene Betts, Acting Chief; Marketing Programs Branch, Room 2627-S; 
Livestock and Seed Program; Agricultural Marketing Service (AMS), USDA; 
STOP 0251; 1400 Independence Avenue, SW., Washington, DC 20250-0251. 
Telephone number 202/720-1115. Comments may also be submitted 
electronically to: Marlene.Betts@usda.gov or by fax at 202/720-1125. 
All comments should reference the docket number (LS-02-05), the date, 
and page number of the issue of the Federal Register. Comments will be 
available for public inspection via the Internet at http://
www.ams.usda.gov/lsg/mpb/rp-

[[Page 39250]]

lamb.htm. or during regular business hours, 8 a.m. to 4:30 p.m. eastern 
time, Monday through Friday, at the same address.
    Pursuant to the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
Chapter 35), send comments regarding the accuracy of the burden 
estimate, ways to minimize the burden, including the use of automated 
collection techniques or other forms of information technology, or any 
other aspect of this collection of information to the above address. 
Comments concerning the information collection under the PRA should 
also be sent to the Desk Officer for Agriculture, Office of Information 
and Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT: Marlene Betts, Acting Chief, Marketing 
Programs Branch, 202/720-1115.

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: 
Invitation to submit proposals--November 23, 1999 (64 FR 65665), and 
January 12, 2000 (65 FR 1825); proposed Lamb Promotion, Research, and 
Information Order--September 21, 2001 (66 FR 48764); final Lamb 
Promotion, Research, and Information Order--April 11, 2002 (67 FR 
17848).

Executive Orders 12866 and 12988

    The Office of Management and Budget (OMB) has waived the review 
process required by Executive Order 12866 for this action.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. Section 
524 of the Act provides that the Act shall not affect or preempt any 
other Federal or State law authorizing promotion or research relating 
to an agricultural commodity.
    Under Sec. 519 of the Act, a person subject to the Order may file a 
petition with the Department stating that the Order, any provision of 
the Order, or any obligation imposed in connection with the Order, is 
not established in accordance with the law, and requesting a 
modification of the Order or an exemption from the Order. Any petition 
filed challenging the Order, any provision of the Order, or any 
obligation imposed in connection with the Order, shall be filed within 
2 years after the effective date of the Order, provision, or obligation 
subject to challenge in the petition. The petitioner will have the 
opportunity for a hearing on the petition. Thereafter, the Department 
will issue a ruling on the petition. The Act provides that the district 
court of the United States for any district in which the petitioner 
resides or conducts business shall have the jurisdiction to review a 
final ruling on the petition, if the petitioner files a complaint for 
that purpose not later than 20 days after the date of the entry of the 
Department's final ruling. Service of process in a proceeding may be 
made on the Department by delivering a copy of the complaint to the 
Department. If the court determines that the ruling is not in 
accordance with the law, the court shall remand the matter to the 
Department with direction to make such ruling as the court determining 
to be in accordance with the law or to take such further action as, in 
the opinion of the court the law requires. The pendency of a petition 
filed or an action commenced shall not operate as a stay of any action 
authorized by section 520 of the Act to be taken to enforce, including 
any rule, order, or penalty in effect.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (RFA) (5 United 
States Code (U.S.C.) 601 et seq.), the Agency is required to examine 
the impact of this action on small entities. The purpose of the RFA is 
to fit regulatory actions to the scale of businesses subject to such 
actions so that small businesses will not be disproportionately 
burdened.
    There are approximately 51,800 producers, 15,000 seedstock 
producers, 100 feeders, 571 first handlers, and 15 exporters of lamb 
who will be subject to the program. Most of the lamb producers, 
seedstock producers, feeders, and exporters would be classified as 
small businesses under the criteria established by the Small Business 
Administration (SBA) (13 CFR 121.201). Most first handlers would not be 
classified as small businesses. SBA defines small agricultural service 
firms as those whose annual receipts are less than $5 million and small 
agricultural producers are defined as those having annual receipts of 
less than $750,000. This number and size data remains the same as it 
appeared in the earlier analyses for the Order. Further, for purposes 
of this discussion and the prior Order analyses, there are 
approximately 3,318 market agencies, which include commission 
merchants, auction markets, brokers, or livestock markets in the 
business of receiving lambs for sale or commission. Most market 
agencies would be classified under SBA criteria as small businesses. 
Also, under the program, there are 20 national, State, or regional 
associations or organizations that are made up of and represent the 
producers, feeders, and first handlers previously discussed.
    The Act authorizes generic programs of promotion, research, and 
information for agricultural commodities. Congress found that it is in 
the national public interest and vital to the welfare of the 
agricultural economy of the United States to maintain and expand 
existing markets and develop new markets and uses for agricultural 
commodities through industry-funded, Government-supervised, generic 
commodity promotion programs.
    The Order will develop and finance an effective and coordinated 
program of promotion, research, and information to maintain and expand 
the markets for lamb and lamb products. A proposed Order was published 
in the Federal Register on September 21, 2001 (66 FR 48764). The 
comment period ended on November 20, 2001. The final Order was 
published in the Federal Register on April 11, 2002 (67 FR 17848).
    The April 11, 2002 publication included a regulatory flexibility 
analysis concerning the provisions of the final Order. That analysis 
took into account Order provisions concerning the establishment, 
collection and remittance of assessments, refunds, reports, and books 
and records. This rule will implement Order provisions concerning these 
requirements. To a great extent, this rule provides for the Department 
to receive assessments and reports until the Board is established and 
becomes functional. In addition, a new form for certification of exempt 
transactions is submitted for comment.
    In this interim final rule, the section on assessments contains 
provisions on sharing proceeds of sale, market agencies, failure to 
collect, death, bankruptcy, receivership or incapacity to act, 
remittance of assessments, and non-producer status for certain 
transactions. The section on refunds includes provisions concerning the 
procedure for obtaining a refund, refund application forms, submission 
of refund applications to the Department, proof of payment of 
assessments, and payment of refunds. In addition, there are provisions 
on reporting and books and records.
    With the exception of the form, Statement of Certification of Non-
Producer Status, this rule does not increase the burden on the industry 
from that previously imposed by the Order. The information collection 
burden in connection with this form is minimal and is discussed in the 
following section concerning the Paperwork Reduction Act.
    Accordingly, the Administrator has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

[[Page 39251]]

Paperwork Reduction Act

    In accordance with OMB regulations (5 CFR part 1320) that implement 
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. Chapter 35), this 
interim final rule announces that AMS has obtained emergency approval 
for a new information collection request for the Lamb Promotion, 
Research, and Information Program: Rules and Regulations. The emergency 
request was necessary because insufficient time was available to follow 
normal clearance procedures. This collection will be merged into 0581-
0198.
    Otherwise the information collection requirements that appear in 
the Order and the regulations contained in this interim final rule have 
been previously approved under OMB control number 0581-0198, except 
that the OMB control number for the nominee background form is 0505-
0001.
    Title: Lamb Promotion, Research, and Information Program: Rules and 
Regulations.
    OMB Number: 0581-new.
    Expiration Date of Approval: 3 years after date of approval.
    Type of Request: Approval of new information collection.
    Abstract: The information collection requirements in the request 
are essential to carry out the intent of the Act and Order.
    Persons who are market agencies, which include commission 
merchants, auction markets, brokers, or livestock markets in the 
business of receiving lambs for sale or commission, are generally 
exempt from paying the assessment. The program requires that any market 
agency seeking an exemption must complete a form when lambs are resold 
not later than 10 days from the date on which the market agency 
acquired ownership.
    The information required from market agencies will be to certify 
that they meet the following requirements: (1) The respondents only 
share in proceeds of a sale of lambs is a sales commission, handling 
fee, or other service fee; (2) the person acquired ownership of the 
lambs to facilitate the transfer of ownership of such lambs from the 
seller to a third party; or (3) the person resold such lambs no later 
than 10 days from the date on which the person acquired ownership. 
Additionally, the market agency will certify information that they 
collected the assessment and passed it on to the subsequent purchaser, 
and: (1) Purchased lambs from another market agency; or (2) purchased 
lambs in a transaction in which they are not responsible for paying the 
assessment.
    The form will require the minimum information necessary to 
effectively carry out the requirements of the program, its use is 
necessary to fulfill the intent of the Act. Such information can be 
supplied without data processing equipment or outside technical 
expertise. In addition, there are no additional training requirements 
for individuals filling out the form and submitting it to the Secretary 
or the Board. The form will be simple, easy to understand, and place as 
small a burden as possible on the person required to file the 
information.
    The timing and frequency of collecting information are intended to 
meet the needs of the industry while minimizing the amount of work 
necessary to fill out the required form. In addition, the information 
to be included on this form is not available from other sources because 
such information relates specifically to market agencies that are 
subject to the provisions of the Act. Therefore, there is no practical 
method for collecting the required information without the use of this 
form.
    Information collection requirements that are included in this rule 
include:

Certification of Non-Producer Status Form

    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average .03 hours per response.
    Respondents: Market agencies.
    Estimated Number of Respondents: 3,318.
    Estimated Number of Responses per Respondent: 12.
    Estimated Total Annual Burden on Respondents: 1,195 hours.
    Total Cost: $23,900.
    Comments are invited on: (a) Whether the collection of information 
is necessary for the proper performance of functions of the Order and 
the Department's oversight of the program, including whether the 
information will have practical utility; (b) the accuracy of 
Department's estimate of the burden of the collection of information, 
including the validity of the methodology and assumption used; (c) ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the collection of 
information on those who are to respond, including the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology.
    Comments concerning the information collection requirements 
contained in this action should reference the Docket Number LS-02-05, 
together with the date and page number of this issue of the Federal 
Register. Comments should be sent to Marlene Betts, Acting Chief; 
Marketing Programs Branch, Room 2627-S; Livestock and Seed Program, 
AMS, USDA; STOP 0251; 1400 Independence Avenue, SW., Washington, DC 
20250-0251; by fax at 202/720-1125, or by e-mail at 
Marlene.Betts@usda.gov. Comments should also be sent to the Desk 
Officer for Agriculture, Office of Information and Regulatory Affairs, 
OMB, Washington, DC 20503. All comments received will be available for 
public inspection via the Internet at http://www.ams.usda.gov/lsg/mpb/
rp-lamb.htm during regular business hours, 8 a.m. to 4:30 p.m. eastern 
time, Monday through Friday, at the same address.
    OMB is required to make a decision concerning the collection of 
information contained in this rule between 30 days and 60 days after 
publication. Therefore, a comment to OMB is best assured of being 
considered if OMB receives it within 30 days after publication.

Background

    The Act (7 U.S.C. 7411-7425) authorizes the Department to establish 
generic programs of promotion, research, and information for 
agricultural commodities designed to strengthen an industry's position 
in the marketplace, to maintain and expand existing domestic and 
foreign markets and uses for agricultural commodities. Pursuant to the 
Act, a proposed Order was published in the Federal Register on 
September 21, 2001 (66 FR 48764). The final Order was published in the 
Federal Register on April 11, 2002 (67 FR 17848). This program will be 
funded by assessments on domestic lamb producers, lamb feeders, 
exporters, and seedstock producers, in the amount of one-half cent 
($.005) per pound when live lambs are sold. First handlers, which means 
the packer or other person who buys or takes possession of lambs from a 
producer or feeder for slaughter, including custom slaughter, will be 
assessed an additional $.30 cents per head of lambs purchased for 
slaughter or slaughtered by such first handler pursuant to a custom 
slaughter arrangement. Each person who processes or causes to be 
processed lamb or lamb products of that person's own production and 
markets the processed products will be assessed one-half cent ($.005) 
per pound on the live weight at the time of slaughter and will be 
required to pay an additional assessment of $.30 per head. Exporters 
who directly export lambs of their own production will be assessed in 
the amount of one-half cent ($.005) per

[[Page 39252]]

pound of live lambs exported. Assessment rates may be adjusted in 
accordance with applicable provisions of the Act and the Order.
    The Order also requires persons to collect and remit assessments to 
the Board. Each producer, feeder, or seedstock producer is obligated to 
pay that portion of the assessments that is equivalent to that 
producer's, feeder's, or seedstock producer's proportionate share and 
pass it on to the subsequent purchaser, if applicable, and ultimately 
on to the first handler or exporter who will remit the total assessment 
to the Board. Any person who processes or causes to be processed lamb 
or lamb products of the person's own production and markets the 
processed products will be required to pay an assessment and remit the 
assessment to the Board. Each first handler who buys or takes 
possession of lambs from a producer or feeder for slaughter will be 
required to pay an additional assessment and remit the total assessment 
to the Board. Any person who exports live lambs will be required to 
collect and remit the total assessment to the Board at the time of 
export. Any exporter who directly exports lambs of their own production 
will pay an assessment to the Board. Additionally, a person who is a 
market agency; i.e., commission merchant, auction market, or livestock 
market in the business of receiving such lamb or lamb products for sale 
on commission for or on behalf of a producer, feeder, or seedstock 
producer will be required to collect an assessment and shall pass the 
collected assessment on to the subsequent purchaser(s) and ultimately 
on to the first handler or exporter who will remit the total assessment 
to the Board. Subsequent purchasers may include other market agencies, 
feeders, or other entities in the marketing chain.
    The Order imposes certain recordkeeping and reporting requirements 
on persons subject to the Order. First handlers and exporters will 
collect and remit the assessments on lamb and lamb products to the 
Board. Their responsibilities will include accurate recordkeeping and 
accounting of the number of lambs purchased, total weight in pounds, 
the names of the producers, seedstock producers, and feeders, the 
purchase date, the amount of assessment remitted, and the date the 
assessment was paid. The required reporting forms require the minimum 
information necessary to effectively carry out the requirements of the 
program, and their use is necessary to fulfill the intent of the Act. 
Such records and reports shall be retained for at least 2 years beyond 
the fiscal year of their applicability. These requirements are already 
being conducted as a normal business practice. In addition, a person 
who is a market agency; i.e., commission merchant, auction market, or 
livestock market in the business of receiving lambs for sale on 
commission for or on behalf of a producer, seedstock producer, or 
feeder, will be required to collect an assessment and pass the 
collected assessments on to the subsequent purchaser(s) and ultimately 
on to the first handler or exporter who will remit the total assessment 
to the Board. There will be a minimal burden on persons who are market 
agencies. It is not anticipated that they will be required to submit 
records of their transactions involving lamb purchases and the required 
assessment collection to the Board. Information on such transactions 
can be obtained through an audit of the market agencies' records. Such 
records are already being maintained as a normal business practice. 
This will include such records or documents that evidence payment of an 
assessment pursuant to the requirements in Sec. 1280.225(b). In 
addition, market agencies must certify as required by regulations 
prescribed by the Department that the provisions of Sec. 1280.217(b) 
have been met. This interim final rule includes these regulations.

Discussion of Regulations

    This interim final rule includes provisions concerning assessments, 
refunds, reporting, and books and records. The section on assessments 
contain provisions on sharing proceeds of sale, market agencies, 
failure to collect, death, bankruptcy, receivership or incapacity to 
act, remittance of assessments, and non-producer status for certain 
transactions. The section on refunds includes provisions concerning the 
procedure for obtaining a refund, refund application forms, submission 
of refund applications to the Department, proof of payment of 
assessments, and payment of refunds. There are also provisions on 
reporting and books and records. This includes setting a reporting 
period on a calendar month basis.
    This rule provides for the Department to receive assessments and 
reports until the Board is established and becomes functional. With the 
exception of the form, Statement of Certification of Non-Producer 
Status, this rule does not increase the industry's burden from that 
previously imposed by the Order.
    Under these regulations market agencies will be required to certify 
that they meet the following requirements: (1) The respondents only 
share in proceeds of a sale of lambs is a sales commission, handling 
fee, or other service fee; (2) the person acquired ownership of the 
lambs to facilitate the transfer of ownership of such lambs from the 
seller to a third party; or
    (3) the person resold such lambs no later than 10 days from the 
date on which the person acquired ownership. Additionally, the market 
agency will certify information that they collected the assessment and 
passed it on to the subsequent purchaser, and (1) purchased lambs from 
another market agency; or (2) purchased lambs in a transaction in which 
they are not responsible for paying the assessment.
    The Order provides that if the Board is not in place by the date 
the first assessments are to be collected, then the Department may 
receive assessments and invest them on behalf of the Board. The 
regulations in this rulemaking take this situation into account since 
it has been determined that collection and remittance of assessments 
and applicable reporting should begin on July 1, 2002. This date would 
maximize the amount of assessments that may be collected during the 
marketing period so that the industry can more readily begin a national 
promotion and research program.
    Pursuant to 5 U.S.C. 553, it is found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and that good cause exists for not postponing the effective date 
of this rule until 30 days after publication in the Federal Register. 
This rule implements the provisions of the Order. Specifically, this 
rule will implement the Orders provisions concerning the collection and 
remittance of assessments, procedures for obtaining a refund, 
reporting, and books and records. In addition, the Department has 
determined that July 1, 2002, will be the day that the collection and 
remittance of assessments will begin. Such date will provide the 
Department and industry organizations the opportunity to educate those 
persons subject to the assessment and collection provisions of the 
Order and allow adequate time to distribute the required reporting 
forms to those affected persons. By implementing this rule in a timely 
manner, the domestic lamb industry can more readily begin a marketing 
program to improve production efficiency and increase demand. This rule 
is effective July 1, 2002. A 60-day period is provided for interested 
persons to comment on this rule.

[[Page 39253]]

List of Subjects in 7 CFR Part 1280

    Administrative practice and procedure, Advertising, Consumer 
Information, Marketing agreements, Lamb and lamb products, Reporting 
and record keeping requirements.

    For the reason set forth in the preamble, Title 7 of Chapter XI of 
the Code of Federal Regulations is amended as follows:

PART 1280--LAMB PROMOTION, RESEARCH, AND INFORMATION

    1. The authority citation for 7 CFR part 1280 continues to read as 
follows:

    Authority: 7 U.S.C. 7411-7425.

    2. In part 1280, a new subpart C consisting of Sec. 1280.401 
through Sec. 1280.405 is added to read as follows:

Subpart C--Rules and Regulations

Sec.
1280.401   Terms defined.
1280.402   Assessments.
1280.403   Refunds.
1280.404   Reporting.
1280.405   Books and records.

Subpart C--Rules and Regulations


Sec. 1280.401  Terms defined.

    As used throughout this subpart, unless the context otherwise 
requires, terms shall have the same meaning as the definition of such 
terms in subpart A of this part.


Sec. 1280.402  Assessments.

    (a) Sharing proceeds of sale. If more than one producer, feeder, or 
seedstock producer shares the proceeds received for the lamb or lamb 
products sold, each such producer, feeder, or seedstock producer is 
obligated to pay that portion of the assessments that is equivalent to 
that producer's, feeder's, or seedstock producer's proportionate share 
of the proceeds.
    (b) Market agencies. A person who is a market agency; i.e., 
commission merchant, auction market, or livestock market in the 
business of receiving lambs or lamb products for sale on commission for 
or on behalf of a producer, feeder, or seedstock producer, will be 
required to collect an assessment from the producer, feeder, or 
seedstock producer and pass the collected assessment on to the 
subsequent purchaser(s) until remitted by a first handler or exporter 
responsible for submitting assessments under this part.
    (c) Failure to collect. Failure of a person to collect the 
assessment on lambs purchased from a producer, feeder, or seedstock 
producer shall not relieve the producer, feeder, or seedstock producer 
of their obligation to pay the assessment and to remit the assessment 
to the Secretary.
    (d) Death, bankruptcy, receivership or incapacity to act. In the 
event of a producer's, feeder's, seedstock producer's, or exporter's 
death, bankruptcy, receivership or incapacity to act, the 
representative of such producer's, feeder's, seedstock producer's, or 
exporter's estate, the person acting on behalf of creditors or other 
person acting in such person's stead, shall be considered the producer, 
feeder, or seedstock producer and shall be required to pay an 
assessment or collect an assessment.
    (e) Remittance of assessments. (1) Assessments shall be remitted to 
the Lamb Promotion, Research, and Information Program, c/o the 
Secretary at USDA, 23029 Network Place, Chicago, Illinois 60673-1230, 
with a ``Monthly Remittance Report'' form LS-81 not later than the 15th 
day of the following month in which lambs or lamb products were 
purchased for slaughter or export, or marketed, if a first handler 
markets lambs or lamb products directly to consumers, in order to avoid 
late payment charges.
    (2) In cases where a producer or feeder sells lambs as part of a 
custom slaughter operation, the producer or feeder shall be responsible 
for remitting the assessments pursuant to Sec. 1280.219.
    (3) Each person processing or causing to be processed lamb or lamb 
products of that person's own production and marketing such lamb or 
lamb products shall be responsible for remitting the assessments 
pursuant to Sec. 1280.217(c).
    (4) Late payment charges. Any unpaid assessments due to the Board 
pursuant to Sec. 1280.217 shall be increased 2 percent each month 
beginning with the day following the date such assessments were due. 
Any remaining amount due, which shall include any unpaid charges 
previously made pursuant to this paragraph, shall be increased at the 
same rate on the corresponding day of each month thereafter until paid. 
Any assessment received at a date later than the date prescribed by 
this part, because of a persons failure to submit a timely report to 
the Secretary, shall be considered to have been payable by the date it 
would have been due if the report had been filed in a timely manner. 
The timeliness of a payment to the Secretary shall be based on the 
applicable postmark date or the date actually received by the 
Secretary, whichever is earlier.
    (5) Weekends and holidays. If the 15th day of the month falls on a 
Saturday, Sunday, or a federally recognized holiday then the required 
reports and assessment will be due the next business day in order to 
avoid late payment charges.
    (f) Non-producer status for certain transactions. (1) Each person 
seeking non-producer status pursuant to Sec. 1280.217 shall provide the 
person remitting the assessment a Statement of Certification of Non-
Producer Status form (LS-78).
    (2) A copy of the Statement of Certification of Non-Producer Status 
shall be forwarded by the person collecting the assessment to the 
Secretary.


Sec. 1280.403  Refunds.

    (a) Procedure for obtaining a refund. Any producer, seedstock 
producer, feeder, first handler, or exporter from whom an assessment is 
collected and remitted to the Secretary, or who pays an assessment 
directly to the Secretary, under the authority of the Act and the Order 
through the announcement of the results of the required referendum, 
shall have a right to receive a refund of such assessment, or pro rata 
share thereof, upon submission of proof satisfactory that such person 
paid the assessment for which the refund is sought. Any such demand 
shall be made in accordance with the provision of the Order and this 
subpart.
    (b) Refund application form. A producer shall obtain an approved 
application from the Secretary. Such form may be obtained by written 
request to the Lamb Promotion, Research, and Information Program, c/o 
the Secretary at USDA, P.O. Box 23198, Washington, DC 20026-3198.
    (c) Submission of refund application to the Secretary. Any 
producer, seedstock producer, feeder, first handler, or exporter 
requesting a refund shall submit an application on the prescribed form 
to the Secretary within 60 days from the date the assessments were paid 
by such producer, seedstock producer, feeder, first handler, or 
exporter but no later than the date the results of the required 
referendum are announced by the Secretary.
    (d) Proof of payment of assessments. The documentation provided 
pursuant to Sec. 1280.225(b) to the producer, seedstock producer, 
feeder, first handler, or exporter by the person responsible for 
collecting an assessment pursuant to the Order and this subpart or such 
other evidence deemed satisfactory to the Secretary, shall accompany 
the producer's, seedstock producer's, feeder's, first handler's, or 
exporter's refund application.
    (e) Payment of refunds. Refunds will be paid pursuant to 
Sec. 1280.216(d).

[[Page 39254]]

Sec. 1280.404  Reporting.

    (a) Each first handler required to submit assessments for live 
lambs pursuant to Sec. 1280.217, each first handler marketing lamb 
products of that person's own production, and each exporter of lambs, 
shall report to the Secretary the following information on form LS-81.
    (1) The number of lambs purchased, initially transferred or which, 
in any other manner, is subject to the collection of assessment, the 
total weight in pounds, and the dates of such transactions;
    (2) The number of lambs exported and the total weight in pounds of 
lambs exported;
    (3) The amount of assessment remitted;
    (4) The basis; if necessary, to show why the remittance is less 
than the total weight in pounds of lamb multiplied by the assessment 
rate; and
    (5) The date any assessment was paid.
    (b) Reporting periods. For reports required pursuant to 
Sec. 1280.223, each calendar month shall be a reporting period.


Sec. 1280.405  Books and records.

    (a) Each first handler, exporter of lambs, and market agency shall 
maintain and, during normal business hours, make available for 
inspection by representatives of the Secretary, such books and records 
as are necessary to carry out the provisions of this part, including 
such books and records as are necessary to verify any required reports.
    (b) Documents evidencing payments of assessments. Each person, 
including first handlers, exporters, and market agencies, responsible 
for collecting an assessment paid pursuant to this part is required to 
give the person from whom the assessment was collected, written 
evidence of payment of the assessments paid. Such written evidence 
serving as a receipt shall include the following information:
    (1) Name and address of the person collecting the assessment.
    (2) Name of person who paid assessment.
    (3) Number of head of lambs sold.
    (4) Total weight in pounds of lamb sold.
    (5) Total assessments paid by the producer, seedstock producer, or 
feeder.
    (6) Date of sale.
    (7) Such other information as the Secretary may require.

    Dated: June 4, 2002.
A.J. Yates,
Administrator.
[FR Doc. 02-14457 Filed 6-5-02; 11:44 am]
BILLING CODE 3410-02-P