Proposed Rule2023-22508
Natural Grass Sod Promotion, Research, and Information Order; Referendum Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 16, 2023
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This proposed rule invites comments on the establishment of procedures for conducting a referendum to determine whether issuance of a proposed Natural Grass Sod Research and Promotion Order (Order) is favored by natural grass sod producers. The procedures would also be used for any subsequent referendum under the Order. The proposed Order is being published separately in this issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 88 Issue 198 (Monday, October 16, 2023)</title>
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[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Proposed Rules]
[Pages 71302-71306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22508]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88 , No. 198 / Monday, October 16, 2023 /
Proposed Rules
[[Page 71302]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1240
[Doc. No. AMS-LP-21-0028]
RIN 0581-AE07
Natural Grass Sod Promotion, Research, and Information Order;
Referendum Procedures
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule invites comments on the establishment of
procedures for conducting a referendum to determine whether issuance of
a proposed Natural Grass Sod Research and Promotion Order (Order) is
favored by natural grass sod producers. The procedures would also be
used for any subsequent referendum under the Order. The proposed Order
is being published separately in this issue of the Federal Register.
DATES: Comments must be received on or before December 15, 2023 to be
assured consideration. Pursuant to the Paperwork Reduction Act (44
U.S.C. Chapter 35) (PRA), comments on the information collection burden
that would result from this proposal must be received on or before
December 15, 2023 to be assured consideration.
ADDRESSES: Interested persons are invited to submit comments concerning
this notice by using the electronic process available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Written comments may also be submitted to Jeana
Harbison, Director; Research and Promotion Division; Livestock and
Poultry Program, AMS, USDA; Room 2625-S, STOP 0251, 1400 Independence
Avenue SW, Washington, DC 20250-0251. All comments should reference the
document number and the date and page number of this issue of the
Federal Register. All comments received will be posted without change,
including any personal information provided, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and will be included in the record and made
available to the public.
Pursuant to the PRA, 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, should
be sent to the address above. In addition, comments concerning the
information collection should be sent to the Desk Office for
Agriculture; Office of Information and Regulatory Affairs; Office of
Management and Budget; New Executive Office Building; 725 17th Street
NW, Room 725, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Jeana Harbison; Director; Research and
Promotion Division; Telephone: (202) 527-3398; or Email to
<a href="/cdn-cgi/l/email-protection#cf85aaaea1aee182e187aebdada6bca0a18fbabcabaee1a8a0b9"><span class="__cf_email__" data-cfemail="612b04000f004f2c4f2900130308120e0f21141205004f060e17">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
This proposed rule is issued pursuant to the Commodity Promotion,
Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).
Executive Orders 12866, 13563, and 14094
Executive Orders (E.O.) 12866 and 13563 direct agencies to assess
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health, and safety effects; distributive impacts; and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, reducing costs, harmonizing rules, and promoting
flexibility. Executive Order 14094 updates and modernizes E.O. 12866
and directs agencies to conduct proactive outreach to engage interested
and affected parties through a variety of means, such as through field
offices, and alternative platforms and media. This rule has been
designated as not a ``significant regulatory action'' under section
3(f) of Executive Order 12866. Accordingly, the Office of Management
and Budget (OMB) has not reviewed this action.
Executive Order 12988
This proposed rule has been reviewed under E.O. 12988, Civil
Justice Reform. It is not intended to have retroactive effect. Section
524 of the 1996 Act provides that it shall not affect or preempt any
other Federal or State law authorizing promotion or research relating
to an agricultural commodity.
Under section 519 of the 1996 Act, a person subject to an order may
file a written petition with the Secretary of Agriculture (Secretary)
stating that an Order, any provision of an Order, or any obligation
imposed in connection with an order, is not established in accordance
with the law, and request a modification of an order or an exemption
from an order. Any petition filed challenging an order, any provision
of an order, or any obligation imposed in connection with an order,
shall be filed within two years after the effective date of an order,
provision, or obligation subject to challenge in the petition. The
petitioner will have the opportunity for a hearing on the petition.
Thereafter, the Secretary will issue a ruling on the petition. The 1996
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 Secretary's final ruling.
Executive Order 13175
This proposed rule has been reviewed under E.O. 13175--Consultation
and Coordination with Indian Tribal Governments. E.O. 13175 requires
Federal agencies to consult and coordinate with Tribes on a government-
to-government basis on: (1) policies that have Tribal implication,
including regulation, legislative comments, or proposed legislation;
and (2) other policy statements or actions that have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal Government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
AMS has assessed the impact of this proposed rule on Indian Tribes
and determined that this rule would not have Tribal implications that
require consultation under E.O. 13175. AMS hosts a quarterly
teleconference with Tribal leaders where matters of mutual interest
regarding the marketing of
[[Page 71303]]
agricultural products are discussed. Information about the proposed
regulation will be shared during an upcoming quarterly call, and Tribal
leaders will be informed about the proposed regulation and the
opportunity to submit comments. AMS will work with the U.S. Department
of Agriculture (USDA) Office of Tribal Relations to ensure meaningful
consultation is provided as needed with regards to the regulations.
Background
This proposed rule invites comments on procedures for conducting a
referendum to determine whether natural grass sod producers support the
issuance of a natural grass sod Order. AMS would conduct the
referendum. Should an up-front referendum be held, AMS would publish a
final rule for the referendum procedures that would state the timing
and voting method for the referendum. AMS would also conduct extensive
outreach to natural grass sod producers to inform them of the
referendum voting process and the deadlines for voting. As an up-front
referendum, producers would cast a vote on the revised draft Order,
based on comments received from the public, that will be published at
the same time as the final rule for the referendum procedures. The
program would be implemented if it is favored by a simple majority of
natural grass sod producers voting in the referendum that have been
engaged in the production and sale of natural grass sod products in the
United States during a representative period determined by the
Secretary. The proposed Order is being published separately in this
issue of the Federal Register.
Should the referendum result in support for the creation of the
program, AMS would publish a final rule for the Order that would
include the date for when assessments would begin to be collected. The
referendum procedures in this proposed rule would also be used for any
subsequent referenda conducted under the Order. This proposed rule also
announces AMS's intent to request approval by OMB of new information
collection requirements to implement the program.
Authority in the 1996 Act
The Commodity, Promotion, Research and Information Act of 1996 (7
U.S.C. 7411-7425) authorizes USDA to establish agricultural commodity
research and promotion orders that may include a combination of
promotion, research, industry information, and consumer information
activities funded by mandatory assessments. These programs are designed
to maintain and expand markets and uses for agricultural commodities as
defined under sec. 513(1) of the 1996 Act (7 U.S.C. 7412), agricultural
commodities. The 1996 Act provides for alternatives within the terms of
a variety of provisions. Paragraph (e) of sec. 518 of the 1996 Act (7
U.S.C. 7417) provides three options for determining industry approval
of a new research and promotion program: (1) By a majority of those
persons voting; (2) by persons voting for approval who represent a
majority of the volume of the agricultural commodity; or (3) by a
majority of those persons voting for approval who also represent a
majority of the volume of the agricultural commodity. In addition, sec.
518 of the (7 U.S.C. 7417) Act provides for referenda to ascertain
approval of an Order to be conducted either prior to its going into
effect or within three years after assessments first begin under an
Order.
Program Overview
AMS received a proposal for a national research and promotion
program for natural grass sod from Turfgrass Producers International
(TPI). TPI is an industry organization made up of members from across
the natural grass seed and sod industry worldwide. The program would be
financed by an assessment on natural grass sod products and would be
administered by a board of industry members selected by the Secretary.
Initially, producers would pay one-tenth (1/10th) of one penny ($0.01)
per square foot, or the equivalent thereof, of natural grass sod
products. No natural grass sod producer would be exempt from paying the
assessment unless producing a certified organic product under the
National Organic Program.
The purpose of the program would be to strengthen the position of
natural grass in the marketplace, maintain and expand markets for
natural grass, and develop new uses for natural grass. TPI proposed
that a referendum be held among eligible natural grass sod producers to
determine whether they favor implementation of the program prior to the
Order going into effect. TPI recommended that the program be
implemented if it is favored by a simple majority of the natural grass
sod producers voting in the referendum.
Summary of Regulatory Text
Because the regulatory text proposed herein contains the complete
proposed Order, this section will highlight key proposed provisions.
Definitions
Proposed Sec. 1240.81 of the Referendum Procedures defines certain
terms that would be used throughout. All terms have the same meaning as
set forth in Sec. 1240.20 of Subpart A.
Proposed Sec. 1240.83 discusses eligibility and manner of persons
voting. An eligible Natural Grass Sod Producer, officer or employee of
an eligible Natural Grass Sod Producer, an administrator, executor, or
trustee of an Eligible Natural Grass Sod Producer may cast a ballot.
Any individual so voting in a Referendum shall certify that such
individual has the authority to take such action. Upon request of the
Referendum Agent, the individual shall submit adequate evidence of such
authority.
Proposed Sec. 1240.84 discusses the Referendum Agent, appointed by
the Administrator, who will provide instructions for voting and conduct
the Referendum. The Referendum Agent will determine the time period
during which ballots may be cast and give reasonable public notice of
the Referendum, not less than thirty (30) days. No person who claims to
be an Eligible Natural Grass Sod Producer will be refused a ballot. At
the end of the voting period the agent will tabulate the results,
prepare a report on the Referendum, and announce the results to the
public.
Initial Regulatory Flexibility Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of this rule on small
entities. Accordingly, AMS has prepared this initial regulatory
flexibility analysis (RFA).
The purpose of RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
disproportionately burdened. The Small Business Administration defines,
in 13 CFR part 121, small agricultural producers as those having annual
receipts of no more than $750,000.
According to 2017 USDA National Agricultural Statistics Service
data, there are 1,465 farms in the U.S. producing natural grass; of
those, approximately 70 percent (or 1,034 farms), would be classified
as small agricultural producers based on value of sales per farm.
This proposed rule invites comments on procedures for conducting a
referendum to determine whether natural grass sod producers favor
issuance of a proposed natural grass sod Order. AMS would conduct the
[[Page 71304]]
referendum. As previously mentioned, paragraph (e) of Sec. 518 of the
1996 Act (7 U.S.C. 7417) provides three options for determining
industry approval of a new research and promotion program: (1) by a
majority of those persons voting; (2) by persons voting for approval
who represent a majority of the volume of the agricultural commodity;
or (3) by a majority of those persons voting for approval who also
represent a majority of the volume of the agricultural commodity. This
program is an industry-led effort to drive consumer demand for natural
grass sod products through the development and implementation of
programs, plans, and projects of research, information, and promotion,
with funding for such efforts provided by the industry through
assessments paid by natural grass sod producers involved in the
production of monostands or blends or mixtures of Bentgrass,
Bermudagrass, Buffalograss, Centipedegrass, Fine fescue, Kentucky
bluegrass, Ryegrass, Seashore Paspalum, St. Augustinegrass, Tall
fescue, Zoysiagrass, Bahiagrass, and other native or adapted grasses
harvested and sold as sod, and products containing natural grass with
artificial elements that are sold as sod (``natural grass sod
products''). In order to ensure that natural grass sod producers
involved in the sale of natural grass sod products make the decision on
whether this program should be implemented, and subsequently continue
or not, this program would be implemented if it is favored by a
majority of natural grass sod producers voting in a referendum. This
procedure would also be used for any subsequent referendum under the
Order. Eligible natural grass sod producers would have the opportunity
to participate in the referendum. Voting in the referendum is optional
and this proposal outlines the requirements for doing so, such as
instructions outlining the referendum process.
Regarding alternatives, AMS is considering a variety of options to
hold the referendum vote including email, mail, electronic voting
through a smartphone application or website, sending ballots to one
central location by mail ballot or through electronic mail, or by other
means selected by the Administrator. AMS has previously conducted
referenda through USDA Farm Service Agency County Offices for some
larger checkoff programs. For more recently created programs, AMS has
utilized an online voting application. AMS would provide easy access to
information for potential voters through an email, telephone number,
and internet-based resources. AMS is seeking comments on the preferred
option or if there are other alternatives to consider.
This action would impose an additional reporting burden on natural
grass sod producers. Natural grass sod producers would have the
opportunity to complete and submit a ballot to AMS indicating whether
or not they favor implementation of the proposed Order or, for
subsequent referenda of an approved program, a continuance of the
program. The specific burden for the ballot is detailed later in this
document in the section titled Paperwork Reduction Act. As with all
Federal promotion programs, reports and forms are periodically reviewed
to reduce information requirements and duplication by industry and
public sector agencies. Finally, AMS has not identified any relevant
Federal rules that duplicate, overlap, or conflict with this rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
Regarding outreach efforts, AMS would keep these individuals
informed throughout the program implementation and referendum process
to ensure that they are aware of and are able to participate in the
program implementation process. AMS would also publicize information
regarding the referendum process so that trade associations and related
industry media are informed and can amplify the information to eligible
producers.
AMS has performed this initial RFA analysis regarding the impact of
this proposed rule on small businesses.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the referendum ballot, which represents the information
collection and recordkeeping requirements that may be imposed by this
rule, has been submitted to OMB for approval.
Title: Natural Grass Sod Research and Promotion Program.
OMB Number: 0581-NEW.
Expiration Date of Approval: 3 years from OMB date of approval.
Type of Request: New information collection for research and
promotion programs.
Abstract: The information collection requirements in the request
are essential to carry out the intent of the 1996 Act. The information
collection concerns a proposal received by AMS for a national research
and promotion program for natural grass sod. The program would be
financed by an assessment on natural grass sod and would be
administered by a board of industry members selected by the Secretary.
A referendum would be held among natural grass sod producers to
determine whether they favor the draft Order and subsequent
implementation and operation of the program prior to it going into
effect. The purpose of the program would be to help build the market
for natural grass sod.
The information collection requirements in this rule concern the
referendum that would be held to determine whether the program is
favored by the industry. The ballot would be completed by natural grass
sod producers who want to indicate whether or not they support
implementation of the program.
For the purpose of estimating the cost of reporting and
recordkeeping, this proposed rule uses $51 per hour. To arrive at this
amount, AMS used the mean hourly earnings of farmers, ranchers, and
other agricultural managers ($36.93) from the U.S. Department of Labor,
Bureau of Labor Statistics, May 2020 National Occupational Employment
and Wages Estimates.\1\ The mean hourly wage rate of $36.93 plus an
additional 38.1 percent to account for benefits and compensation,\2\
for a total hourly wage of $51, was used to calculate annual cost.
Costs of benefits and compensation guidance was obtained from the
Bureau of Labor Statistics News Release issued December 14, 2018.\3\
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\1\ Occupational Employment and Wages, May 2020; 11-9013
Farmers, Ranchers, and Other Agricultural Managers <a href="https://www.bls.gov/oes/current/oes119013.htm">https://www.bls.gov/oes/current/oes119013.htm</a>.
\2\ News Release for Employer Costs for Employee Compensation--
June 17, 2021, <a href="https://www.bls.gov/news.release/pdf/ecec.pdf">https://www.bls.gov/news.release/pdf/ecec.pdf</a>.
\3\ Economic News Release: Employer Costs for Employee
Compensation Summary for December 2020 <a href="https://www.bls.gov/news.release/ecec.nr0.htm">https://www.bls.gov/news.release/ecec.nr0.htm</a>.
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Information collection requirement that is included in this
proposal is: LP-8 Referendum Ballot (OMB Form No. 0581-NEW).
Estimate of Burden: Public recordkeeping burden for this collection
of information is estimated to average 0.1 hours per referendum ballot.
Respondents: Natural grass sod producers.
Estimated Number of Respondents: 1,400.
Estimated Number of Responses per Respondent: 1 every 7 years (Once
implemented, subsequent referenda every 7 years thereafter) 0.14 per
year.
[[Page 71305]]
Estimated Total Annual Burden on Respondents: 20 hours.
Total Cost: (20 hours x $51) $1,020.
The ballot would be added to the other information collections
approved under OMB 0581-NEW.
An estimated 1,400 respondents would provide information to the
AMS. The estimated cost of providing the information to AMS by
respondents would be $1,020. This total has been estimated by
multiplying 20 total hours required for reporting and recordkeeping by
$51 per hour, representing the average hourly earnings plus benefits by
various occupations involved in keeping this information. Data for
computation of this hourly rate was obtained from the U.S. Department
of Labor Statistics.
Request for Public Comment Under the Paperwork Reduction Act
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of functions of the
proposed Order and AMS's oversight of the proposed Order, including
whether the information would have practical utility; (b) the accuracy
of AMS's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (c) the accuracy of AMS's estimate of the number of natural grass
sod that would be covered under the program; (d) ways to enhance the
quality, utility, and clarity of the information to be collected; and
(e) 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 OMB 0581-NEW. In addition,
the docket number, date, and page number of this issue of the Federal
Register also should be referenced. Comments should be sent to the same
addresses referenced in the ADDRESSES section of this rule.
A 60-day comment period is provided to allow interested persons to
comment on this proposed information collection. All written comments
received will be summarized and included in the request for OMB
approval. All comments will also become a matter of public record.
This proposed rule invites comments on the establishment of
referendum procedures for the vote of the creation of an industry-
funded research, promotion, and information program for natural grass
products. Comments should clearly indicate whether or not you support
any or all of the provisions proposed in the referendum procedures.
Indicate the reason for your position and include relevant information
and data to further support your position.
List of Subjects in 7 CFR Part 1240
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Natural grass sod, Reporting and
recordkeeping requirements.
For the reason set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 1240 to read as follows:
PART 1240--NATURAL GRASS SOD PROMOTION, RESEARCH, AND INFORMATION
ORDER
0
1. The authority citation for 7 CFR Part 1240 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
0
2. Add subpart B to part 1240 to read as follows:
Subpart B--Referendum Procedures
Sec.
1240.80 General.
1240.81 Definitions.
1240.83 Voting.
1240.84 Instructions.
1240.85 Subagents.
1240.86 Ballots.
1240.87 Referendum Report.
1240.88 Confidential Information.
1240.89 OMB Control Number.
Subpart B--Referendum Procedures
Sec. 1240.80 General.
Referenda to determine whether eligible natural sod producers favor
the issuance, continuance, amendment, suspension, or termination of the
Natural Grass Sod Research and Promotion Order shall be conducted in
accordance with this Subpart B.
Sec. 1240.81 Definitions.
For purposes of this Subpart B, all defined terms shall have the
same meaning as set forth in Sec. 1240.20 of Subpart A. In addition,
the following terms shall have the meanings set forth below:
Administrator means the Administrator of the Agricultural Marketing
Service, or any officer or employee of USDA to whom there has been
delegated or may be delegated the authority to act in the
Administrator's stead.
Referenda refers, collectively, to the Initial Referendum and any
Subsequent Referenda.
Referendum refers, individually, to the Initial Referendum or a
Subsequent Referendum.
Referendum Agent or Agent means the individual or individuals
designated by the Secretary to conduct the referendum.
Person means any individual, group of individuals, partnership,
corporation, association, cooperative, or any other legal entity.
Sec. 1240.83 Voting.
(a) Each Eligible Natural Grass Sod Producer as set forth in Sec.
1240.20 of Subpart A, shall be entitled to cast only one ballot in any
Referenda.
(b) Proxy voting is not authorized, but an officer or employee of
an eligible Natural Grass Sod Producer, or an administrator, executor,
or trustee of an Eligible Natural Grass Sod Producer may cast a ballot
on behalf of such entity. Any individual so voting in a Referendum
shall certify that such individual is an officer or employee of the
Eligible Natural Grass Sod Producer, or an administrator, executive, or
trustee of the Eligible Natural Grass Sod Producer and that such
individual has the authority to take such action. Upon request of the
Referendum Agent, the individual shall submit adequate evidence of such
authority.
(c) All ballots are to be cast by mail, electronic mail, electronic
voting through a smartphone application or website or sending ballots
to one central location by mail ballot or through electronic mail or by
any other means set forth by the Department.
Sec. 1240.84 Instructions.
The Referendum Agent shall conduct the Referendum, in the manner
provided in this Subpart, under the supervision of the Administrator.
The Administrator may prescribe additional instructions, consistent
with the provisions of this Subpart, to govern the procedure to be
followed by the Referendum Agent. Such Agent shall:
(a) Determine the time period during which ballots may be cast;
(b) Provide ballots and related material to be used in the
Referendum. The ballot shall provide for recording essential
information, including that needed for ascertaining whether the Person
voting, or on whose behalf the vote is cast, is an Eligible Natural
Grass Sod Producer;
(c) Give reasonable public notice of the Referendum, not less than
thirty (30) days:
(1) By using available media or public information sources, without
incurring advertising expense, to publicize the dates, places, method
of voting,
[[Page 71306]]
eligibility requirements, and other pertinent information. Such sources
of publicity may include, but are not limited to, print, radio, email
communications, and social media; and
(2) By such other means as the Agent may deem advisable.
(d) Distribute to Eligible Natural Grass Sod Producers whose names
and contact information are known to the Referendum Agent, the
instructions on voting, a ballot, and a summary of the terms and
conditions of the proposed Natural Grass Sod Promotion, Research, and
Information Order or the continuance of the Natural Grass Sod
Promotion, Research, and Information Order, as the case may be. No
Person who claims to be an Eligible Natural Grass Sod Producer shall be
refused a ballot;
(e) At the end of the voting period, collect, open, number, and
review the ballots and tabulate the results in the presence of an agent
of a third party authorized to monitor the Referendum process;
(f) Prepare a report on the Referendum; and
(g) Announce the results to the public.
Sec. 1240.85 Subagents.
The Referendum Agent may appoint any individual or individuals
necessary or desirable to assist the Agent in performing such Agent's
functions of this Subpart. Each individual so appointed may be
authorized by the Agent to perform any or all of the functions which,
in the absence of such appointment, shall be performed by the Agent.
Sec. 1240.86 Ballots.
The Referendum Agent and subagents shall accept all ballots cast.
However, if an Agent or subagent deems that a ballot should be
challenged for any reason, the Agent or subagent shall endorse above
their signature, on the ballot, a statement to the effect that such
ballot was challenged, by whom challenged, the reasons therefore, the
results of any investigations made with respect thereto, and the
disposition thereof. Ballots deemed invalid under this Subpart shall
not be counted.
Sec. 1240.87 Referendum report.
Except as otherwise directed, the Referendum Agent shall prepare
and submit to the Administrator a report on the results of the
Referendum, the manner in which it was conducted, the extent and kind
of public notice given, and other information pertinent to the analysis
of the Referendum and its results.
Sec. 1240.88 Confidential information.
The ballots and other information or reports that reveal, or tend
to reveal, the vote of any Natural Grass Sod Producer and the voter
list shall be strictly confidential and shall not be disclosed.
Sec. 1240.89 OMB control number.
The control number assigned to the information collection
requirement in this Subpart by the Office of Management and Budget
pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. is OMB
control number 0581-NEW.
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-22508 Filed 10-13-23; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.