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.

Proposed Rules Federal Register

71302 

Vol. 88, No. 198 

Monday, October 16, 2023 

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. 

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 https://

www.regulations.gov. 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 

https://www.regulations.gov 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 

Jeana.M.Harbison@usda.gov. 

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 


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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Proposed Rules 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 § 1240.81 of the Referendum 

Procedures defines certain terms that 

would be used throughout. All terms 

have the same meaning as set forth in 

§ 1240.20 of Subpart A. 

Proposed § 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 § 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
71304 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Proposed Rules 

1Occupational Employment and Wages, May 

2020; 11–9013 Farmers, Ranchers, and Other 

Agricultural Managers https://www.bls.gov/oes/ 

current/oes119013.htm. 

2News Release for Employer Costs for Employee 

Compensation—June 17, 2021, https://www.bls.gov/ 

news.release/pdf/ecec.pdf. 

3Economic News Release: Employer Costs for 

Employee Compensation Summary for December 

2020 https://www.bls.gov/news.release/ 

ecec.nr0.htm. 

referendum. As previously mentioned, 

paragraph (e) of § 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

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. 


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Estimated Total Annual Burden on 

Respondents: 20 hours. 

Total Cost: (20 hours × $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 

■ 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. 

■ 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 

§ 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. 

§ 1240.81 Definitions. 

For purposes of this Subpart B, all 

defined terms shall have the same 

meaning as set forth in § 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. 

§ 1240.83 Voting. 

(a) Each Eligible Natural Grass Sod 

Producer as set forth in § 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. 

§ 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, 


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71306 Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Proposed Rules 

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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

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 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule invites 

comments on the establishment of an 

industry-funded promotion, research, 

and information program for natural 

grass sod products. The proposed 

Natural Grass Sod Promotion, Research, 

and Information Order (Order) was 

submitted to the U.S. Department of 

Agriculture (USDA) by Turfgrass 

Producers International (TPI), a group of 

natural grass sod producers. The 

proposed Order also announces the 

Agricultural Marketing Service’s (AMS) 

intent to request approval from the 

Office of Management and Budget 

(OMB) of new information collection 

requirements to implement the program. 

DATES: Comments must be received on 

or before December 15, 2023 to be 

assured of consideration. Pursuant to 

the Paperwork Reduction Act (44 U.S.C. 

chapter 35) (PRA), comments of the 

information collection burden that 

would result from this proposal must be 

received on or before December 15, 2023 

to be assured of consideration. 

ADDRESSES: Interested persons are 

invited to submit comments concerning 

this document by using the electronic 

process available at https://

www.regulations.gov. 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 

https://www.regulations.gov 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: Jeana.M.Harbison@

usda.gov. 

SUPPLEMENTARY INFORMATION: 

This proposed rule is issued pursuant 

to the Commodity Promotion, Research, 

and Information Act of 1996 (the Act) (7 

U.S.C. 7411–7425). 

Executive Order 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 rulemaking has been designated as 

not a ‘‘significant regulatory action’’ 

under section 3(f) of Executive Order 

12866. Accordingly, the Office of 


ddrumheller on DSK120RN23PROD with PROPOSALS1