This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

99059 

Vol. 89, No. 237 

Tuesday, December 10, 2024 

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: Final rule. 

SUMMARY: This rule establishes 

procedures for conducting a referendum 

to determine whether issuance of the 

proposed Natural Grass Sod Promotion, 

Research, and Information Order (Order) 

is favored by natural grass sod 

producers. The procedures will also be 

used for any subsequent referenda 

under the Order. The proposed Order is 

published separately in this issue of the 

Federal Register. 

DATES: Effective December 10, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Maribel Reyna, Director, Research and 

Promotion Division, Telephone: (202) 

302–1139; or Email: Maribel.Reyna@

usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued pursuant to the 

Commodity Promotion, Research, and 

Information Act of 1996 (1996 Act) (7 

U.S.C. 7411–7425). 

As part of this rulemaking process, 

two proposed rulemakings were 

published in the Federal Register on 

October 16, 2023. The first rulemaking 

described the industry’s proposed Order 

(88 FR 71306), and the second 

rulemaking proposed referendum 

procedures for the Order (88 FR 71302). 

Both proposed rulemakings provided a 

60-day comment period that ended 

December 15, 2023. A total of 72 

comments were received for the 

proposed referendum procedures and 

174 comments were received for the 

proposed Order. The comments for the 

proposed Order are addressed in a 

separate proposed rulemaking 

published in this issue of the Federal 

Register. 

Executive Orders 12866, 13563, and 

14094 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess all 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). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. E.O. 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 final rule 

does not meet the definition of a 

significant regulatory action contained 

in section 3(f) of E.O. 12866, as 

amended by E.O. 14094, and, therefore, 

the Office of Management and Budget 

(OMB) has waived review of this action. 

Executive Order 12988 

This final 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 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 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 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 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 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 final 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 governmentto-government basis on: (1) policies that 

have tribal implications, including 

regulations, 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 

final rule on Indian tribes and 

determined that this final rule will 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 

agricultural products are discussed. 

Information about the regulation will be 

shared during an upcoming quarterly 

call, and tribal leaders will be informed 

about the proposed Order and the 

opportunity to vote. 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 

AMS will conduct the referendum. 

AMS will 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 will 

vote on whether they favor issuance of 

the proposed Order, which was revised 

based on comments received from the 

public. The program will be 

implemented if it is favored by a simple 

majority of natural grass sod producers 

voting in the referendum that have been 


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99060 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Rules and Regulations 

engaged in the production and sale of 

natural grass sod products in the United 

States during a representative period 

determined by the Secretary. The 

revised proposed Order, including 

comment analysis, is published 

separately in this issue of the Federal 

Register. 

Should the referendum result in 

support for the creation of the program, 

AMS will publish a final rule for the 

Order that will include the date when 

assessments will begin. The referendum 

procedures in this final rule will also be 

used for any subsequent referenda 

conducted under the Order. 

Authority in the 1996 Act 

The 1996 Act (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 section 

513(1) of the 1996 Act (7 U.S.C. 

7412(1)). The 1996 Act provides for 

alternatives within the terms of a variety 

of provisions. Paragraph (e) of section 

518 of the 1996 Act (7 U.S.C. 7417(e)) 

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, paragraphs (a) 

and (b) of section 518 of the 1996 Act 

(7 U.S.C. 7417(a) and (b)) provide 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 the 

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. 

If favored, the program would be 

financed by an assessment on natural 

grass sod products and 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 

sold in the United States. No natural 

grass sod producer would be exempt 

from paying the assessment unless 

producing a certified organic product 

under the National Organic Program. 

If favored, 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 

This section highlights key provisions 

of the referendum procedures for the 

proposed Order. The referendum 

procedures will be located in the U.S. 

Code of Federal Regulations at 7 CFR 

part 1240, subpart B—Referendum 

Procedures. 

Definitions 

Section 1240.81 of the Referendum 

Procedures defines certain terms that 

will be used throughout. All terms have 

the same meaning as set forth in the 

proposed rulemaking published in the 

Federal Register on October 16, 2023 

(88 FR 71306) in § 1240.20 of subpart A. 

Section 1240.83 discusses eligibility 

and manner of persons voting. An 

eligible natural grass sod producer; 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. 

Any individual voting in a referendum 

shall certify that such individual has the 

authority to take such action. Upon 

request of the referendum agent, the 

individual must submit adequate 

evidence of such authority. 

Section 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 before the 

referendum is conducted. 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. 

Final Regulatory Flexibility Analysis 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), AMS 

is required to examine the impact of this 

final rule on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the Regulatory 

Flexibility Act is to fit regulatory actions 

to the scale of businesses subject to such 

actions so that small businesses will not 

be disproportionately burdened. At the 

time this analysis was prepared, the 

Small Business Administration defined 

small agricultural producers (NAICS 

Code 111421) as those having annual 

receipts of no more than $3,250,000 (13 

CFR 121.201). This represents an 

increase from the size standard 

($750,000) that was applied when AMS 

prepared the initial regulatory flexibility 

analysis. AMS applied the updated 

threshold for purposes of analysis in 

this final rule. The changes do not 

impact AMS’s ultimate determination 

regarding the impact of the rule on 

small entities. 

According to the 2022 USDA Census 

of Agriculture data, there are 1,447 

farms in the U.S. producing natural 

grass; of those, approximately 80 

percent (or 1,150 farms) are small 

agricultural producers based on value of 

sales per farm. 

USDA will conduct the referendum to 

determine if eligible natural grass sod 

producers favor issuance of the 

proposed Order. As previously 

mentioned, paragraph (e) of section 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, 

Saint Augustinegrass, Tall fescue, 

Zoysiagrass, Bahiagrass, and other 

native or adapted grasses harvested and 


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1Occupational Employment and Wages, May 

2023; 11–9013 Farmers, Ranchers, and Other 

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

current/oes_nat.htm. 

2News Release for Employer Costs for Employee 

Compensation—June 2024, https://www.bls.gov/ 

news.release/pdf/ecec.pdf. 

3Economic News Release: Employer Costs for 

Employee Compensation Summary for September 

10, 2024 https://www.bls.gov/news.release/ 

ecec.nr0.htm. 

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 decide 

whether this program should be 

implemented and, subsequently, 

whether it should continue or not, this 

program will be implemented only if it 

is favored by a majority of natural grass 

sod producers voting in a referendum. 

This procedure will also be used for any 

subsequent referendum under the 

Order. Eligible natural grass sod 

producers will have the opportunity to 

participate in the referendum. Voting in 

the referendum is optional and this rule 

outlines the requirements for doing so. 

Regarding alternatives, USDA will 

consider 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 will 

provide easy access to information for 

potential voters through an email, 

telephone number, and internet-based 

resources. 

This action will impose an additional 

reporting burden on natural grass sod 

producers. Natural grass sod producers 

will have the opportunity to complete 

and submit a ballot to USDA indicating 

whether 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, USDA 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 will 

keep natural grass sod producers 

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 will 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. 

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 is imposed by this 

rule, has been submitted to OMB for 

approval. 

Title: Natural Grass Sod Promotion, 

Research, and Information Order; 

Referendum Procedures. 

OMB Number: 0581–0348. 

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 USDA 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 will be held among 

natural grass sod producers to 

determine whether they favor issuance 

of the proposed Order before it goes into 

effect. The purpose of the program 

would be to help build the market for 

natural grass sod. 

The information collection 

requirements in this final rule concern 

the initial referendum that will be held 

to determine whether the program is 

favored by industry and any subsequent 

referenda conducted under the 

proposed Order, if it is approved. The 

ballot will be completed by natural grass 

sod producers who want to indicate 

whether they support implementation 

or continuation of the program. 

For the purpose of estimating the cost 

of reporting and recordkeeping, this 

final rule uses $56.18 per hour. To 

arrive at this amount, AMS used the 

mean hourly earnings of farmers, 

ranchers, and other agricultural 

managers from the U.S. Department of 

Labor, Bureau of Labor Statistics, May 

2023 National Occupational 

Employment and Wages Estimates,1 that 

is, $43.35 and added an additional 29.6 

percent to account for benefits and 

compensation.2 This calculation results 

in a total hourly wage of $56.18. Costs 

of benefits and compensation guidance 

was obtained from the Bureau of Labor 

Statistics News Release issued 

September 10, 2024.3

Information collection requirement 

that is included in this final rule is: 

LP–8 Referendum Ballot and LP–8–1 

Envelope (OMB Form No. 0581–0348). 

Estimate of Burden: Public 

recordkeeping burden for this collection 

of information is estimated to average 

0.25 hours per referendum ballot. 

Respondents: Natural grass sod 

producers. 

Estimated Number of Respondents: 

1,447. 

Estimated Number of Responses per 

Respondent: 1 for initial referenda 

(Once implemented, subsequent 

referenda every 7 years thereafter 0.14 

per year.) 

Estimated Total Annual Burden on 

Respondents: 362 hours for initial 

referenda (20 hours for subsequent 

referendum.) 

Total Cost: (362 hours × $56.18) 

$20,337.16. 

The ballot will be added to the other 

information collections approved under 

OMB No. 0581–0348. 

An estimated 1,447 respondents 

would provide information to AMS. The 

estimated cost of providing the 

information to AMS by respondents is 

$20,337.16. This total has been 

estimated by multiplying 362 total 

hours required for reporting and 

recordkeeping by $56.18 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. 

Comment Analysis 

A proposed rule describing the 

referendum procedures was published 

in the Federal Register on October 16, 

2023 (88 FR 71302). A notice to trade 

was announced by AMS and the 

proposed rulemaking provided a 60-day 

comment period ending December 15, 

2023. Seventy-two total comments were 

received. Of the 72 comments, 62 

supported the proposed Order and the 

referendum procedures as written. 

Three comments were in favor of the 


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4Comments opposed to the proposed Order are 

discussed in the proposed rulemaking titled Natural 

Grass Sod Promotion, Research, and Information 

Order, which is published separately in this edition 

of the Federal Register. 

5These commentors also objected to elements of 

the proposed Order, and those portions of their 

comments are addressed in the proposed 

rulemaking titled Natural Grass Sod Promotion, 

Research, and Information Order, which is 

published separately in this edition of the Federal 

Register. 

referendum procedures but suggested 

various edits to the proposed 

rulemaking. Two comments did not 

support the referendum and provided 

further recommendations to change the 

proposed rulemaking. Four comments 

were not in favor of establishing a sod 

program.4 One comment neither 

supported nor opposed the proposed 

referendum procedures. 

Voting Process 

Of the 62 commentors who supported 

the referendum procedures as written, 

36 commentors expressed specific 

support for the voting provision in 

§ 1240.83(a), which states that ‘‘[e]ach 

eligible natural grass sod producer . . . 

shall be entitled to cast only one ballot 

in any referenda.’’ These commentors 

agreed that each producer should be 

allowed one vote regardless of the size 

of their farm(s) or production volume. 

These commentors stated that this was 

the most equitable and fair method for 

voting. 

Only six commentors said they 

disagreed with the one-producer onevote procedure in proposed 

§ 1240.83(a). Four of the six commentors 

would rather apply option 2 of section 

518(e) of the 1996 Act (7 U.S.C. 

7417(e)), under which industry approval 

of a new research and promotion 

program is determined by persons 

voting for approval who represent a 

majority of the volume of the 

agricultural commodity. In their 

opinion, because large producers would 

pay more in assessments than smaller 

producers, acreage or production should 

be considered. One commentor 

supported a voting process that would 

combine options 2 and 3 of the 1996 

Act; however, the commentor did not 

provide any further details. Another 

commentor stated that the proposed 

Order should be approved only if it is 

favored by a majority (50 percent + one 

vote) of all industry producers in the 

United States who are eligible to vote, 

or by those voting who represent a 

majority of all production acreage in the 

United States. 

Section 518(e) of the 1996 Act (7 

U.S.C. 7417(e)) 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. Allowing a majority of 

persons voting in a referendum to 

determine whether an order should be 

approved (and allocating one vote to 

each eligible natural grass sod producer, 

as provided in proposed § 1240.83(a)), is 

an acceptable option to count votes and 

determine industry approval of a new 

research and promotion program. 

Considering this is acceptable under the 

1996 Act and the majority of the 

commentors supported the referendum 

procedures as written, § 1240.83(a) 

remains unchanged. 

Twenty comments encouraged AMS 

to conduct a referendum using 

electronic voting as this method could 

yield higher voter participation, 

decrease referendum costs, and would 

be the safest and most efficient method. 

One comment stated that paper ballots 

should be optional. Section 1240.83(c) 

of the referenda procedures allows 

ballots to be cast ‘‘by mail, electronic 

mail, electronic voting . . . or by any 

other means set forth by the 

Department.’’ Since this section allows 

for multiple methods of casting ballots, 

this section will remain as written. 

Comments Opposed With Additional 

Recommendations 

Two commentors were opposed to the 

proposed referendum procedures, 

suggested the referendum is being 

conducted prematurely, and provided 

several recommendations.5

First, they recommended 

‘‘modify[ing]’’ the ‘‘eligible natural grass 

sod producer’’ definition to require 

AMS to identify all natural grass sod 

producers in the United States and 

ensure that each producer is informed 

about the proposed program prior to any 

referendum. AMS will use several 

methods to identify as many eligible 

natural grass sod producers as possible, 

to include self-identification from 

producers and industry input. 

Second, they stated that AMS should 

conduct a remedial round of public 

outreach to re-assess industry support 

for the program following an 

approximately 3-year period, during 

which they claim the proposed Order 

was not visible or part of regular 

industry discussions. However, TPI 

conducted extensive industry 

engagement regarding the proposed 

program, including educational 

outreach to local organizations and 

individual producers, solicited input on 

industry’s interest in a national checkoff 

program, and determined that there was 

substantial interest in moving forward 

with a national program. 

As the commentors noted, industry 

hosted a webinar to get feedback from 

natural grass sod producers regarding 

their interest in developing a national 

grass sod checkoff program. On May 19, 

2020, U.S. sod producers participated in 

a 2-hour online seminar to learn more 

about USDA research and promotion 

programs. After this webinar, attendees 

were polled to determine their interest 

in developing a national checkoff 

program for the natural grass sod 

industry and 64 percent stated they 

were very interested, 20 percent stated 

they were interested, 13 percent stated 

they were interested in learning more, 

and only 3 percent stated they were not 

interested. Since the industry formally 

submitted its proposed Order on June 

18, 2021, USDA has been conducting 

various required steps to offer a new 

research and promotion program for 

industry consideration. This work 

included the preparation and review of 

numerous documents, shepherding the 

proposed program through OMB’s 

regulatory review process, and the 

drafting and ultimate publication of the 

proposed program and referendum rules 

on October 16, 2023. 

Additionally, TPI submitted industry 

letters of support that confirmed the 

industry’s desire to pursue a research 

and promotion program to fund research 

and communicate the benefits of natural 

grass to the public. Further, if in the 

future the industry determines that the 

Order is no longer in their best interests, 

the Order may be amended through the 

regulatory process or terminated. 

Third, an additional recommendation 

encouraged USDA to establish a clear 

schedule and procedures for the 

referendum. This commentor provided a 

sample schedule that included a 120- 

day enrollment period to identify all 

eligible sod producers and a 120-day 

period to conduct industry education 

and outreach. AMS, through public 

notice on its website, post cards, letters, 

and through its external networks, will 

make a referendum schedule, 

instructions, and any other relevant 

information available for all eligible 

producers so that trade associations and 

related industry media can amplify the 

information. 

The fourth and final recommendation 

encouraged USDA to complete an 

improved analysis to consider various 

factors such as the cost to collect, report, 

and remit assessments, particularly for 

operations with multiple farms, in 

multiple States. AMS recognizes that 


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each industry is diverse in various ways 

such as size, method of production and 

distribution, business practices, 

marketing strategies, staff size, and 

region. The updated regulatory analysis 

in this rule and subpart A did not factor 

every unique method of collecting 

assessments but rather focused on the 

number of farms reported and square 

foot of sod sold nationwide according to 

the 2022 U.S. Census. Furthermore, the 

commentors did not include any 

information or data to show that 

USDA’s analysis of the impact of 

assessments on sod producers under the 

proposed program is inaccurate. The 

initial referendum will provide eligible 

sod producers an opportunity to vote to 

determine whether they favor 

establishment of the checkoff program. 

List of Subjects in 7 CFR Part 1240 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Natural grass sod, Promotion, Reporting 

and recordkeeping requirements. 

■ For the reason set forth in the 

preamble, title 7, chapter XI of the Code 

of Federal Regulations, is amended by 

adding part 1240 to read as follows: 

PART 1240—NATURAL GRASS SOD 

PROMOTION, RESEARCH, AND 

INFORMATION ORDER 

Subpart A—[Reserved] 

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. 

Authority: 7 U.S.C. 7401, 7411–7425. 

Subpart A—[Reserved] 

Subpart B—Referendum Procedures 

§ 1240.80 General. 

Referenda to determine whether 

eligible natural grass sod producers 

favor the issuance, continuance, 

amendment, suspension, or termination 

of the Natural Grass Sod Promotion, 

Research and Information Order shall be 

conducted in accordance with this 

subpart. 

§ 1240.81 Definitions. 

For purposes of this subpart, the 

following terms shall have the meanings 

set forth in this section: 

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. 

§ 1240.83 Voting. 

(a) Each eligible natural grass sod 

producer that has sold natural grass sod 

products in the United States during the 

representative period is eligible to vote 

in the initial referendum or subsequent 

referenda and 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, sending ballots to a 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 30 days 

before the referendum is to be 

conducted: 

(1) By using available media or public 

information sources, without incurring 

advertising expense, to publicize the 

dates, places, method of voting, 

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 under 

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 


khammond on DSK9W7S144PROD with RULES
99064 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Rules and Regulations 

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 (OMB) 

pursuant to the Paperwork Reduction 

Act of 1995, 44 U.S.C. chapter 35, is 

OMB control number 0581–.0348. 

Melissa Bailey, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–28388 Filed 12–9–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2024–2294; Airspace 

Docket No. 24–AGL–21] 

RIN 2120–AA66 

Amendment of Class D and Class E 

Airspace and Revocation of Class E 

Airspace; Youngstown/Warren, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Class 

D and Class E airspace and revokes 

Class E airspace at Youngstown/Warren, 

OH. This action is the result of an 

airspace review conducted due to the 

decommissioning of the Youngstown 

very high frequency omnidirectional 

range (VOR) as part of the VOR 

Minimum Operational Network (MON) 

Program. The name and geographic 

coordinates of the airport are also being 

updated to coincide with the FAA’s 

aeronautical database. This action 

brings the airspace into compliance 

with FAA orders and supports 

instrument flight rule (IFR) procedures 

and operations. 

DATES: Effective 0901 UTC, February 20, 

2025. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours each day, 365 days each year. 

FAA Order JO 7400.11J, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5711. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends the 

Class D airspace and the Class E 

airspace extending upward from 700 

feet above the surface at Youngstown/ 

Warren Regional Airport, Youngstown/ 

Warren, OH, to support IFR operations 

at this airport, and revokes the Class E 

airspace extending upward from 700 

feet above the surface at Lansdowne 

Airport, Youngstown, OH. 

History 

The FAA published an NPRM for 

Docket No. FAA–2024–2294 in the 

Federal Register (89 FR 80433; October 

3, 2024) proposing to amend the Class 

D and Class E airspace and revoke Class 

E airspace at Youngstown/Warren, OH. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Incorporation by Reference 

Class D and E airspace designations 

are published in paragraphs 5000 and 

6005 of FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document amends the current version of 

that order, FAA Order JO 7400.11J, 

dated July 31, 2024, and effective 

September 15, 2024. FAA Order JO 

7400.11J is publicly available as listed 

in the ADDRESSES section of this 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

FAA Order JO 7400.11J lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This amendment to 14 CFR part 71: 

Modifies the Class D airspace to 

within a 4.5-mile (increased from a 4.4- 

mile) radius of Youngstown/Warren 

Regional Airport, Youngstown/Warren, 

OH; updates the name (previously 

Youngstown-Warren Regional Airport) 

and the geographic coordinates of the 

airport to coincide with the FAA’s 

aeronautical database; 

And modifies the Class E airspace 

extending upward from 700 feet above 

the surface at Youngstown/Warren 

Regional Airport by removing the 

Youngstown VORTAC and associated 

extension from the airspace legal 

description; removes the Lansdowne 

Airport, Youngstown, OH, and the 

associated airspace from the airspace 

legal description as the instrument 

procedures have been cancelled and the 

airspace is no longer required; updates 

the header of the airspace legal 

description from ‘‘Youngstown-Warren 

Regional Airport, OH’’ to ‘‘Youngstown/ 

Warren, OH’’ to coincide with the 

FAA’s aeronautical database and 

comply with changes to FAA Order JO 

7400.2P, Procedures for Handling 

Airspace Matters; and updates the name 

(previously Youngstown-Warren 

Regional Airport) and the geographic 

coordinates of the airport to coincide 

with the FAA’s aeronautical database. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 


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