[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Proposed Rules]
[Pages 65288-65293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20035]


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DEPARTMENT OF COMMERCE

Office of the Under Secretary for Economic Affairs

15 CFR Part 1500

[Docket No.: 200901-0230]
RIN 0605-AA56


Concrete Masonry Products Research, Education and Promotion 
Order; Referendum Procedures

AGENCY: Under Secretary for Economic Affairs, United States Department 
of Commerce.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Pursuant to the Concrete Masonry Products Research, Education, 
and Promotion Act of 2018 (the Act), the Department of Commerce 
(Department) solicits comments on proposed procedures for conducting a 
referendum to determine whether manufacturers of concrete masonry units 
favor the issuance of a proposed Concrete Masonry Products Research, 
Education, and Promotion Order (proposed order). The purpose of the 
proposed order is to strengthen the position of the concrete masonry 
products industry in the domestic marketplace; maintain, develop, and 
expand markets and uses for concrete masonry products in the domestic 
marketplace; and promote the use of concrete masonry products in 
construction and building. The Department published the proposed order 
in the Federal Register on August 24, 2020. The Act requires industry 
to approve the proposed order via a referendum. If industry approves 
the proposed order, the Secretary of Commerce (Secretary) will issue a 
final order and appoint a Board to carry out the duties prescribed by 
that order, which would include an industry-funded research, education, 
and promotion program. The Department also would follow these 
procedures for any subsequent referendum under the Act. This proposal 
also announces the intent of the Department to request approval by the 
Office of Management and Budget (OMB) of two new information collection 
requests (ICRs) to support implementation of the referendum.

DATES: The Department must receive comments November 16, 2020.

ADDRESSES: Submit all electronic public comments via the Federal e-
Rulemaking Portal. Go to
    https://beta.regulations.gov/docket/DOC-2020-0003 click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments. The supporting economic analysis is also 
available for comment on regulations.gov.
    All submissions, including attachments and other supporting 
materials, will become part of the public record and subject to public 
disclosure. The Department reserves the right to publish relevant 
comments, unedited and in their entirety. Do not include personal 
information, such as account numbers or Social Security numbers, or 
names of other individuals. Do not submit confidential business 
information, or otherwise proprietary, sensitive or protected 
information. We will not post or consider comments that contain 
profanity, vulgarity, threats, or other inappropriate language or like 
content.
    Pursuant to the Paperwork Reduction Act (PRA), send to the above 
address comments regarding the accuracy of the burden estimate, ways to 
minimize the burden, including the use of automated collection 
techniques or other forms of information technology, or any other 
aspect of this collection of information. In addition, send comments 
concerning the information collection to [email protected] or 
online at https://www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Thompson, Communications 
for the Commerce Checkoff Implementation Program, Office of the Under 
Secretary for Economic Affairs, telephone: (202) 482-0671 or via 
electronic mail: [email protected].

I. Legal Background

    Pursuant to the Concrete Masonry Products Research, Education, and 
Promotion Act of 2018, 15 U.S.C. 8701 et seq., the Department is 
enacting a research, education, and promotion program (commonly 
referred to as a checkoff program) for concrete masonry products. The 
Act specifically authorizes the Secretary to conduct the referendum, 
and states that ``[referenda . . . shall be conducted in a manner 
determined by the Secretary.'' 15 U.S.C. 8706(c)(1). The Act also 
authorizes the Secretary to ``issue such regulations as may be 
necessary to carry out [the Act] and the power vested in the Secretary 
under [the Act].'' 15 US.C. 8713.
    The Department's actions to bring the program to fruition will 
include: (1) implementing an order that will effectuate the purpose of 
the Act; (2) conducting a referendum among the industry to determine 
whether the industry approves of being subject to the implementing 
order; and, upon an affirmative vote on the order, (3) issuing

[[Page 65289]]

the order and establishing a Board that will carry out the provisions 
of the order; and (4) performing continuing oversight of the Board and 
program. An industry group, the CMU Checkoff Initiative, submitted a 
proposed order to the Secretary on April 15, 2020. The proposed order 
was made available for comment in a separate proposed rule published in 
the Federal Register on August 24, 2020, at 85 FR 52059.\1\
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    \1\ https://www.federalregister.gov/documents/2020/08/24/2020-17515/concrete-masonry-products-research-education-and-promotion-order.
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    Under the Act, the Secretary must conduct the referendum among 
eligible manufacturers during the 60-day period before the proposed 
order becomes effective. 15 U.S.C. 8706(a)(1). The Department 
interprets this to mean that the referendum would be conducted entirely 
within the 60-day period preceding the effective date of the order, but 
specifically requests comments on this interpretation. The order shall 
become effective only if the Secretary determines that the order has 
been approved by a majority ``yes'' vote by both: (1) The total number 
of concrete masonry unit manufacturers voting; and (2) manufacturers 
who operate a majority of the machine cavities operated by the 
manufacturers voting in the referendum. 15 U.S.C. 8706(a)(2).
    A manufacturer will be considered eligible to vote if the 
manufacturer has manufactured concrete masonry products during a period 
of at least 180 days prior to the first day of the 30-day period during 
which voting in the referendum will occur. 15 U.S.C. 8706(b)(2). The 
Act directs the Secretary to conduct the referendum ``among [eligible] 
manufacturers . . . subject to assessments under section 8705 of this 
title.'' As explained below, only manufacturers of concrete masonry 
units are subject to assessment under the Act.
    The Act and the proposed order distinguish between concrete masonry 
products and concrete masonry units. The Act defines concrete masonry 
products to include a broader category of products, including concrete 
masonry units, as well as hardscape products such as concrete pavers 
and segmental retaining wall units, manufactured on a block machine 
using dry-cast concrete. Concrete masonry units are a type of concrete 
masonry product with an actual width of 3 inches or greater that are 
manufactured from dry-cast concrete using a block machine, including 
concrete block and related concrete units used in masonry applications. 
Under the Act and the proposed order, only manufacturers of concrete 
masonry units are required to pay an initial rate of assessment of 
$0.01 per concrete masonry unit sold. 15 U.S.C. 8705(c)(1).
    The Act does not define the phrase ``subject to assessment'' and 
therefore, the Secretary must interpret the statute to determine 
whether all manufacturers of concrete masonry products should 
participate in the referendum, or whether only manufacturers of 
concrete masonry units should participate. The phrase ``subject to 
assessment'' could mean: (1) Meeting only the eligibility requirement 
described above (that is, having manufactured concrete masonry products 
during the 180-day period prior to voting), or (2) both meeting the 
eligibility requirement and being subject to the initial rate of 
assessment. Under interpretation (1), the referendum would be conducted 
among all manufacturers who had manufactured concrete masonry products 
during the 180-day period prior to voting. Under interpretation (2), 
because the initial rate of assessment is applied only to concrete 
masonry units sold, the referendum would be conducted among all 
manufacturers who had manufactured concrete masonry units during the 
180-day period prior to voting.
    Where a statute leaves a gap or is ambiguous, courts will typically 
look to see whether the agency's interpretation was reasonable in light 
of the text, nature, and purpose of the statute. See, e.g., Cuozzo 
Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2134 (U.S. June 20, 2016). 
In the absence of a statutory definition, courts ``construe a statutory 
term in accordance with its ordinary or natural meaning.'' FDIC v. 
Meyer, 510 U.S. 471, 476 (1994). The most relevant definition of 
``subject to'' is ``affected by or possibly affected by'' something.\2\ 
Only manufacturers of concrete masonry units will actually have to pay, 
or be affected by, the initial rate of assessment. The Department 
believes, therefore, that the most natural reading of the statute is 
that only concrete masonry unit manufacturers are ``subject to'' 
assessment and therefore eligible to participate in the referendum.
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    \2\ ``Subject to.'' Merriam-Webster.com Dictionary, Merriam-
Webster, https://www.merriam-webster.com/dictionary/subject%20to. 
Accessed 20 Jun. 2020.
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    This reading is also consistent with the stated purpose of the Act 
as described in 15 U.S.C. 8701. Senate Report 115-218 includes the 
Congressional Budget Office's (CBO) estimate concerning the Act's 
impacts, and notes the following assumption:

    The bill [S. 374] would apply to producers of both concrete 
block and concrete pavers, but CBO expects that only producers of 
concrete block would participate in the referendum. Because there is 
little differentiation among concrete blocks across manufacturers, 
all producers of concrete blocks would benefit from an industry-wide 
research and promotion program. Manufacturers of concrete pavers, on 
the other hand, are able to distinguish their products in ways that 
allow consumers to recognize individual brands. Consequently, those 
producers have little incentive to participate in an industry-wide 
marketing effort. Based on information from manufacturers of 
concrete pavers, CBO expects that those producers would not 
participate in the referendum.

Senate Report 115-218, at 4 (Mar. 22, 2018).
    Based upon both the language and the overarching purpose of the 
statute, and because concrete masonry unit manufacturers are currently 
the only manufacturers who have an incentive to participate in this 
program, the Department interprets the Act to mean that only 
manufacturers subject to the initial rate of assessment are ``subject 
to assessment,'' in accordance with interpretation (2). Therefore, for 
the initial referendum, an eligible manufacturer would be a 
manufacturer of concrete masonry units that is subject to the initial 
rate of assessment, that is, $0.01 per concrete masonry unit sold by a 
manufacturer. See 15 U.S.C. 8705(c)(1).

II. Summary of Proposed Rule

    The Department would conduct the referendum. Each manufacturer 
eligible to vote in the referendum would be entitled to one vote. See 
15 U.S.C. 8706(b)(1). For the order to go into effect, there must be a 
majority ``yes'' vote by both: (1) The total number of concrete masonry 
unit manufacturers voting; and (2) manufacturers who operate a majority 
of the machine cavities operated by the manufacturers voting in the 
referendum. See 15 U.S.C. 8706(a)(2). Manufacturers would be required 
to register by midnight of the day prior to the start of the referendum 
period in order to vote. See 15 U.S.C. 8706(c)(2). the Department would 
use Employer Identification Numbers to identify unique manufacturers.
    The referendum would be conducted by an agent, who would determine 
the referendum period and would provide notification to interested 
voters to allow them to register prior to the referendum period, as 
required by the Act. See 15 U.S.C. 8706(c)(2). The agent would provide 
registration forms and ballots to eligible voters and would provide 
reasonable public notice of the referendum. See 15 U.S.C. 8706(c)(4). 
The agent would also collect and review

[[Page 65290]]

all ballots and determine whether any ballots are invalid and should 
not be counted. Finally, the agent would prepare a report on the 
referendum and announce the results to the public. The Department would 
use these same procedures for any subsequent referendum under the Act. 
For any new proposed order, voter eligibility would be based on the 
scope of such proposed order.

III. Request for Comments

    The Department invites comments on these procedures for conducting 
the referendum to determine whether manufacturers of concrete masonry 
units favor issuance of the proposed order.

Classification

Executive Order 12866
    This rulemaking is not a significant regulatory action under 
Executive Order 12866.
Executive Order 13771
    This rule is not subject to the requirements of Executive Order 
13771, because its likely impact is de minimis.
Executive Order 13132
    This proposed rule does not contain policies with Federalism 
implications as defined in Executive Order 13132.
Regulatory Flexibility Act: Initial Regulatory Flexibility Analysis
    The Regulatory Flexibility Act (RFA), first enacted in 1980 and 
codified at 5 U.S.C. 600-611, was intended to place the burden on the 
government to review all new regulations to ensure that, while 
accomplishing their intended purposes, they do not unduly inhibit the 
ability of small entities to compete. The RFA recognizes that the size 
of a business, unit of government, or nonprofit organization can have a 
bearing on its ability to comply with Federal regulations. Major goals 
of the RFA are: (1) To increase agency awareness and understanding of 
the impact of their regulations on small business; (2) to require that 
agencies communicate and explain their findings to the public; and (3) 
to encourage agencies to use flexibility and to provide regulatory 
relief to small entities.
    The RFA emphasizes predicting significant adverse impacts on small 
entities as a group distinct from other entities and on the 
consideration of alternatives that may minimize the impacts, while 
still achieving the stated objective of the action. When an agency 
publishes a proposed regulatory action, it must either: (1) Certify 
that the action will not have a significant adverse impact on a 
substantial number of small entities, and support such a certification 
declaration with a factual basis, demonstrating this outcome, or, (2) 
if such a certification cannot be supported by a factual basis, prepare 
and make available for public review an Initial Regulatory Flexibility 
Analysis (IRFA) that describes the impact of the proposed rule on small 
entities.
    The IRFA for the proposed referendum procedures follows below.
Basis and Purpose of the Rule
    This action is taken under the authority of the Act, which 
authorizes a research, education, and promotion program for concrete 
masonry products, also known as a checkoff program. The checkoff 
program would be established by an order issued by the Secretary that 
is subject to approval by an industry referendum. The program would 
then be carried out by a Board, which would develop research and 
education programs as well as efforts to promote concrete masonry 
products in domestic markets. Board activities would be funded by 
assessments on manufacturers of concrete masonry products, based on the 
number of masonry units sold each quarter. A proposed order submitted 
by industry to the Department on April 15, 2020, triggered a referendum 
deadline of approximately 8 months from submission. The objectives of, 
and legal basis for, the proposed rule is discussed earlier in the 
preamble and are not repeated here.
Number of Affected Entities
    The proposed order applies to products manufactured on concrete 
block machines and used for construction. As indicated by the data 
below and confirmed by industry experts, the industry is dominated by 
small entities.
    The U.S. Small Business Administration size standard to qualify as 
a small business in this industry is 500 or fewer employees.\3\ 
According to Census data, there were 430 firms and 686 establishments 
engaged in concrete block and brick manufacturing in 2017.\4\ Of these, 
401 firms, or 93 percent, employed fewer than 500 employees, and these 
small firms accounted for 514 establishments, or 75 percent of all 
establishments, and about 62 percent of industry employment.\5\
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    \3\ See ``Table of Small Business Size Standards Matched to 
North American Industry Classification System Codes'' on the U.S. 
Small Business Administration website.
    \4\ A firm is a business organization consisting of one or more 
domestic establishments in the same state and industry that were 
specified under common ownership or control and an establishment is 
a single physical location at which business is conducted or 
services or industrial operations are performed. See ``Statistics of 
U.S. Businesses Glossary'' on the U.S. Census Bureau website.
    \5\ See ``2017 SUSB Annual Data Tables by Establishment 
Industry'' on the U.S. Census Bureau website. For more information, 
see the County Business Patterns methodology on the Census website.

                          Table 3--Block and Brick Manufacturers 2017 by Business Size
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                                                                                     Estimated        Annual
  Size of business by number of      Number of       Number of      Employment       receipts         payroll
            employees                  firms      establishments                      ($mils)         ($mils)
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Total...........................             430             686          16,575           4,682             814
0-4.............................              92              92             173              56               9
5-9.............................              66              66             432              97              19
10-19...........................              83              87           1,168             277              56
20-99...........................             116             152           3,851             922             185
100-499.........................              44             117           4,607           1,506             251
500+............................              29             172           6,344           1,823             293
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Source: U.S. Census Bureau 2017 County Business Patterns and 2017 Economic Census, Table US_6digitnaics_2017,
  released 01/06/2020.


[[Page 65291]]

Costs to Affected Entities
    This action would impose a reporting burden on eligible 
manufacturers of concrete masonry units. To participate in the 
referendum, eligible manufacturers would register with the Department 
in advance of the referendum period. Eligible manufacturers would have 
the opportunity to complete and submit a ballot to the Department 
indicating whether or not they favor implementation of the proposed 
order. The specific burdens for registration and the ballot are 
detailed later in this document in the section titled ``Paperwork 
Reduction Act''.
    The Department estimates that the respondent burden of the 
referendum is 0.5 hours for registration and 0.25 hours to complete the 
ballot and that approximately 690 small businesses will be affected. 
This results in a total estimated burden on small businesses of 517.5 
hours. According to the Bureau of Labor Statistics, the median pay for 
industrial production managers is $50.71 per hour.\6\ Thus, the 
Department estimates that the cost to firms of participating in the 
referendum will average $38.03.
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    \6\ See the Occupational Outlook Handbook on the Bureau of Labor 
Statistics website, https://www.bls.gov/ooh/.
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Paperwork Reduction Act
    The information collection requests (``ICRs'') in these proposed 
referendum procedures have been submitted for approval to OMB under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. This section 
describes the new ICRs and the estimated time to fulfill each 
requirement. There are two new ICRs associated with the proposed 
referendum procedures--one dealing with the voter registration process 
and a second with the ballot that voters will use during the 
referendum.
    (1) Registration. The Act requires manufacturers who wish to 
participate in the referendum to register in advance of the referendum 
period. The Secretary will need adequate information from all 
interested voters to determine whether they are eligible to participate 
in the referendum. The Department will restrict the information request 
to that information needed to ensure eligibility of the requester to 
participate in the referendum. Types of information will include name, 
contact information (address, phone number, email), status as a 
manufacturer of concrete masonry units, affirmation of having 
manufactured concrete masonry units within 180 days prior to the 
beginning of the referendum period, the number of cavities in 
operation, their Employer Identification Number, and similar 
identifying information.
    Estimated burden: 0.5 hour per application.
    Respondents: Manufacturers of concrete masonry units.
    Estimated Number of Respondents: 690.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 345 hours.
    (2) Ballot. To conduct a referendum the Department will issue 
ballots to allow eligible voters to participate. 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 voter. The Department will restrict the 
information request to that information needed to determine a voter's 
eligibility. Information will include the name and address of the 
manufacturer, status as a manufacturer of concrete masonry units, 
affirmation that they have manufactured concrete masonry units within 
180 days of the beginning of the referendum period, manufacturer 
Employer Identification Number, the number of cavities the manufacturer 
has in operation, and similar verification information.
    Estimated Burden: 0.25 hour per ballot.
    Respondents: Manufacturers of concrete masonry units.
    Estimated Number of Respondents: 690.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 172.5 hours.
    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department invites the general public and other Federal 
agencies to comment on proposed and/or continuing information 
collections, as required by the Paperwork Reduction Act. The Department 
solicits comments concerning: Whether these ICRs are necessary for the 
proper performance of the functions of the Department, including 
whether the information has practical utility; the accuracy of the 
Department's estimates of the burden of the ICRs; the quality, utility, 
and clarity of the information to be collected; and whether the burden 
of collection of information on those who are to respond, including 
through the use of automated collection techniques or other forms of 
information technology, may be minimized. The information collection 
request may be viewed on the Reginfo.gov website. Organizations and 
individuals desiring to submit comments on the collection of 
information requirements should see the ADDRESSES section of this 
notice. The final rule will respond to any public comments on the ICRs 
contained in this proposal. Notwithstanding any other provision of the 
law, no person is required to respond to, and no person will be subject 
to penalty for failure to comply with, a collection of information 
subject to the requirements of the PRA, unless that collection of 
information displays a currently valid OMB control number.
National Environmental Policy Act
    This proposed rule will not significantly affect the quality of the 
human environment. Therefore, an environmental assessment or 
Environmental Impact Statement is not required to be prepared under the 
National Environmental Policy Act of 1969.

List of Subjects in 15 CFR Part 1500

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Concrete masonry promotion, 
Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the Under Secretary for 
Economic Affairs proposes to amend 15 CFR part 1500, proposed to be 
added August 24, 2020, at 85 FR 52059, as set forth below:

PART 1500--CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION

0
1. The authority citation for part 1500 continues to read as follows:

    Authority:  15 U.S.C. 8701-8717.

0
2. Add subpart B to read as follows:
Subpart B--Referendum Procedures
Sec.
1500.100 General.
1500.101 Definitions.
1500.102 Voting.
1500.103 Instructions.
1500.104 Agents.
1500.105 Ballots.
1500.106 Referendum report.
1500.107 Confidential information.
1500.108 OMB control number.

Subpart B--Referendum Procedures


Sec.  1500.100  General.

    Agents will conduct a referendum in accordance with this subpart.


Sec.  1500.101  Definitions.

    In addition to the definitions found in subpart A of this part, the 
following definitions apply:

[[Page 65292]]

    Agent means the individual or individuals the Secretary designates 
to conduct the referendum.
    Eligible manufacturer means any person who is currently a 
manufacturer of concrete masonry units and has manufactured a concrete 
masonry unit within 180 days of the referendum period.
    Employer Identification Number means the number generally issued to 
businesses by the U.S. Department of Treasury. An Employer 
Identification Number (EIN) is also known as a Federal Tax 
Identification Number and is used to identify a business entity. For 
more information on EINs and how to apply go to https://www.irs.gov/businesses.
    Lead Executive means the individual or individuals the Secretary 
designates to oversee the conduct of the referendum.
    Referendum period means the period of time, not less than 30 days, 
that the Secretary or his agent determines appropriate for conducting 
the referendum.
    Registration means the form and process eligible manufacturers who 
wish to vote must complete and follow in order to vote. Voters must 
register by midnight of the day prior to the beginning of the 
referendum period.


Sec.  1500.102  Voting.

    (a) Each eligible manufacturer shall be entitled to cast one vote.
    (b) The order shall become effective only if the Secretary 
determines that the order has been approved by a majority of 
manufacturers voting who also represent a majority of the machine 
cavities in operation of those manufacturers voting in the referendum.
    (c) In order to vote, a manufacturer must register by midnight of 
the day prior to the start of the referendum period.
    (d) For referendum purposes the Department will use Employer 
Identification Numbers (EIN) to identify unique manufacturers.
    (e) The Secretary does not authorize proxy voting. However, an 
officer or employee of an eligible manufacturer, an administrator, 
executor, or trustee of an eligible entity may cast a ballot on behalf 
of such entity provided that any individual so voting shall certify 
that such individual is an officer or employee of the eligible entity, 
or an administrator, executor, or trustee of an eligible entity and 
that such individual has the authority to take such action. Upon 
request of an agent, the individual shall submit adequate evidence of 
such authority.
    (f) Voters are to cast ballots by the means specified by the 
Secretary.
    (g) If the Department requests, manufacturers shall provide proof 
of sales, proof of cavities in operation, or any other such proof the 
Department deems necessary to establish voting eligibility. Failure to 
provide the requested proof to the Department will result in 
ineligibility to participate in the referendum.


Sec.  1500.103  Instructions.

    The agent(s) shall conduct the referendum, in the manner provided 
in this subpart, under the supervision of the Secretary. The Secretary 
may prescribe additional instructions, consistent with the provisions 
of this subpart, to govern the procedure to be followed by the 
agent(s). Such agent(s) shall:
    (a) Determine the period during which voters may cast ballots;
    (b) Provide notification to allow interested voters to register in 
advance of the referendum period. The Department will restrict the 
information requested to that information needed to ensure eligibility 
of request or to participate in the referendum. Types of information 
will include name, contact information (address, phone number, email), 
status as a manufacturer of concrete masonry units, affirmation of 
having manufactured concrete masonry units within 180 days prior to the 
beginning of the referendum period, the number of cavities in 
operation, their Employer Identification Number, and similar 
identifying information;
    (c) Provide ballots and related material to voters for use in the 
referendum. The ballot shall provide for recording essential 
information, including information needed for ascertaining whether the 
person voting, or on whose behalf the vote is cast, is an eligible 
voter. The Department will restrict the information requested to that 
information needed to determine a voter's eligibility. Information will 
include the name and address of the manufacturer, status as a 
manufacturer of concrete masonry units, affirmation that they have 
manufactured concrete masonry units within 180 days of the beginning of 
the referendum period, manufacturer Employer Identification Number, the 
number of cavities the manufacturer has in operation, and similar 
verification information;
    (d) Give reasonable public notice of the referendum:
    (1) By using available media or public information sources, without 
incurring advertising expense, to publicize the dates, method of 
voting, eligibility requirements, and other pertinent information. Such 
sources of publicity may include, but are not limited to webinars and 
other such media vehicles; and
    (2) By such other means as the agent may deem advisable;
    (e) Send to eligible manufacturers whose names and addresses are 
known to the agent, the instructions on voting, a ballot, and a summary 
of the terms and conditions of the proposed order. Agents will not 
refuse a ballot to any person who claims to be eligible to vote;
    (f) At the end of the referendum period, collect, open, number, and 
review the ballots and tabulate the results in the presence of the Lead 
Executive authorized to monitor the referendum process;
    (g) Prepare a report on the referendum; and
    (h) Announce the results to the public.


Sec.  1500.104  Agents.

    The Secretary may appoint agent(s) to conduct the referendum. 
Agent(s) may appoint any individual or individuals necessary or 
desirable to assist the agent in performing such agent's functions 
under this subpart. The agent authorizes each individual so appointed 
to perform any or all of the functions which, in the absence of such 
appointment, shall be performed by the agent.


Sec.  1500.105  Ballots.

    The agent(s) shall accept all ballots cast. However, if an agent 
determines a need for additional review for any reason, the agent shall 
endorse above the voter's signature on the ballot with a statement to 
the effect that the ballot needs additional scrutiny. The agent will 
attach to the ballot information regarding the reasons for additional 
review, the results of any investigations made with respect to the 
review, and the final disposition of the review. Agents will not count 
ballots found to be invalid on the basis that:
    (a) The ballot is blank, missing a vote, has no signature;
    (b) Both voting boxes are marked in the vote section;
    (c) The ballot is in a state that agents cannot determine the vote; 
or
    (d) The ballot has a name that is different on the ballot from that 
of the registered voter. (However, agents will accept power of attorney 
votes with proper documentation.)


Sec.  1500.106  Referendum report.

    Unless otherwise directed, the Lead Executive shall prepare and 
submit to the Secretary a report on the results of the referendum, the 
manner in which the agent(s) conducted the referendum,

[[Page 65293]]

the kind of public notice given, and other information the Lead 
Executive finds pertinent to the analysis of the referendum and its 
results.


Sec.  1500.107  Confidential information.

    The ballots and other information or reports that reveal, or tend 
to reveal, the vote of any person covered under the order and the voter 
list shall be strictly confidential and shall not be disclosed.


Sec.  1500.108  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. 3501 et 
seq., is OMB control number xxxx.

    Dated: September 4, 2020.
Kenneth White,
Senior Policy Analyst, Under Secretary for Economic Affairs.
[FR Doc. 2020-20035 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-20-P