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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
A Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes To minimize the respondent burden, the Department plans to create simple forms for ease of registration and voting.
Further, the Department plans to allow registration and voting by mail or fax at the choice of the respondent.
In order to comply with the statutory requirements of the Act, there are no possible alternatives to this final rule.

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Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 44 U.S.C.
chapter 35, the Department submitted to the Office of Management and Budget OMB for approval the information collection requests associated with this rulemaking. OMB approved the information collection requests under OMB Number 06050029.
Title: Concrete Masonry Products Research, Education, and Promotion Order; Referendum procedures.
OMB Number: 06050029.
Expiration Date of Approval: May 3, 2024.
Type of Request: New information collection for research, education and promotion programs.
Abstract: The Department seeks to establish an orderly program for developing, financing, and carrying out an effective, continuous, and coordinated program of research, education, and promotion to support the concrete masonry products industry.
The Department has published a proposed Order in the Federal Register to establish the program. 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 of concrete masonry products in the domestic marketplace; and promote the use of concrete masonry products in construction and building. The proposed Order allows a Concrete Masonry Products Board Board made up of industry members appointed by the Secretary of Commerce Secretary to develop and implement programs of research, education, and promotion. The funding of the Boards activities and programs will be through assessments paid by manufacturers of concrete masonry units. The initial assessment will be $.01 per concrete masonry unit sold.
The Secretary will hold a referendum among eligible manufacturers to determine whether they favor the
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implementation of the proposed Order.
A final Order only will go into effect if the referendum results in the affirmative vote of a majority of those voting and also a majority of the block machine cavities in operation by those voting.
There are two forms in this information collection request relating to the referendum. The first is the registration form for the concrete referendum. The registration form may be submitted by eligible concrete masonry unit manufacturers and is necessary to ensure that the referendum is accurate and complete. Manufacturers only may participate in the referendum if they register. The second form relates to the ballot form for the concrete referendum. Eligible concrete masonry unit manufacturers may complete and submit the ballot to reflect their desire for or against implementing the order.
Authorizing Statute: 15 U.S.C. Chapter 113 sections 87018717.
Registration Estimate of 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.
The Department will add the registration form to the other information collections approved under OMB No. 06050029.
Ballot Estimate of 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.
The Department will add the ballot form to the other information collections approved under OMB No.
06050029.
The Department published a proposed rule regarding the referendum procedures in the Federal Register on October 15, 2020 85 FR 65288. The Department made available copies of the rule through the Office of the Federal Register also via the internet at http
www.regulations.gov. That rule provided for a 30-day comment period.
In the proposed rule, the Department invited comments on the information collection requirements prescribed in the Paperwork Reduction Act section of
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this rule. Specifically, the Department solicited comments on: a Whether these information collection requirements ICRs are necessary for the proper performance of the functions of the Department, including whether the information has practical utility; b the accuracy of the Departments estimates of the burden of the ICRs; c the quality, utility, and clarity of the information to be collected; and d 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. One commenter stated that the industry should have been provided the opportunity to review the actual forms. The Department published in its proposed rule 85 FR
65288, October 15, 2020 that it will restrict the information collection request to that information needed to ensure eligibility of the registrant and voter to participate two formsa registration and the ballot in the referendum and then the notice accurately described the types of information the forms will require. The public had a chance to comment on the information collection request during the public comment period.
Pursuant to 5 U.S.C. 553d3, the Department finds that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because this rule must be in effect for the Department to allow registration for those desiring to participate in the referendum.
Additionally, the regulated entities are not harmed by an immediate effective date because this rule 1 does not impose any requirements on regulated entities that require preparation, and 2
provides at least 30 days for affected entities to register prior to the beginning of the referendum period.
Summary of Public Comments and the Departments Responses The Department published the proposed rule concerning this action in the Federal Register on October 15, 2020 85 FR 65288 and provided a 30day comment period ending November 16, 2020. The Department received comments from five commenters, one of which was a duplicate. One fully supported the proposed Order and referendum procedures, one was generally opposed to the order and referendum, and two were in support but desired further clarity. The comments are addressed in the following paragraphs.

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