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(ii) Inspect the routing of microswitch DEPARTMENT OF COMMERCE comments. The supporting economic electrical harness ‘‘53K’’ for correct analysis is also available for comment installation by following paragraph 3.B.2.e. of Office of the Under Secretary for on regulations.gov. ASB AS350–67.00.43. If the wiring routing is Economic Affairs All submissions, including incorrect, before further flight, correct the wiring routing by following paragraph attachments and other supporting 3.B.2.f. of ASB AS350–67.00.43. 15 CFR Part 1500 materials, will become part of the public (6) For helicopters with optional Autopilot [Docket No.: 200901–0230] record and subject to public disclosure. ‘‘81K’’ and without MOD 073222 installed: The Department reserves the right to (i) Position relay ‘‘81K’’ on frame X1310 by RIN 0605–AA56 publish relevant comments, unedited following paragraph 3.B.2.h. of ASB AS350– and in their entirety. Do not include Concrete Masonry Products Research, 67.00.43. personal information, such as account (ii) Inspect the routing of microswitch Education and Promotion Order; numbers or Social Security numbers, or electrical harness ‘‘53K’’ for correct Referendum Procedures installation by following ASB AS350– names of other individuals. Do not 67.00.43, step 3.B.2.e. If the wiring routing is AGENCY: Under Secretary for Economic submit confidential business incorrect, before further flight, correct the Affairs, United States Department of information, or otherwise proprietary, wiring routing by following paragraph Commerce. sensitive or protected information. We 3.B.2.f. of ASB AS350–67.00.43. ACTION: Notice of proposed rulemaking. will not post or consider comments that (f) Special Flight Permits contain profanity, vulgarity, threats, or SUMMARY: Pursuant to the Concrete Special flight permits are prohibited. other inappropriate language or like Masonry Products Research, Education, content. (g) Alternative Methods of Compliance and Promotion Act of 2018 (the Act), the Pursuant to the Paperwork Reduction (AMOCs) Department of Commerce (Department) Act (PRA), send to the above address (1) The Manager, Rotorcraft Standards solicits comments on proposed comments regarding the accuracy of the Branch, FAA, approve AMOCs for this procedures for conducting a referendum burden estimate, ways to minimize the AD. Send your proposal to: George Schwab, to determine whether manufacturers of burden, including the use of automated Aviation Safety Engineer, Safety Management concrete masonry units favor the Section, Rotorcraft Standards Branch, FAA, collection techniques or other forms of 10101 Hillwood Pkwy., Fort Worth, TX issuance of a proposed Concrete information technology, or any other 76177; telephone 817–222–5110; email 9- Masonry Products Research, Education, aspect of this collection of information. [email protected]. and Promotion Order (proposed order). In addition, send comments concerning (2) For operations conducted under a 14 The purpose of the proposed order is to the information collection to OIRA_ CFR part 119 operating certificate or under strengthen the position of the concrete [email protected] or online at 14 CFR part 91, subpart K, the FAA suggests masonry products industry in the https://www.reginfo.gov/public/do/ that you notify your principal inspector, or domestic marketplace; maintain, lacking a principal inspector, the manager of PRAMain. develop, and expand markets and uses the local flight standards district office or FOR FURTHER INFORMATION CONTACT: Mr. for concrete masonry products in the certificate holding district office before Michael Thompson, Communications domestic marketplace; and promote the operating any aircraft complying with this for the Commerce Checkoff use of concrete masonry products in AD through an AMOC. Implementation Program, Office of the construction and building. The (h) Additional Information Under Secretary for Economic Affairs, Department published the proposed telephone: (202) 482–0671 or via (1) Eurocopter Alert Service Bulletin No. order in the Federal Register on 05.00.49, Revision 3, dated 8, 2012, electronic mail: [email protected]. which is not incorporated by reference, 24, 2020. The Act requires industry to contains additional information about the approve the proposed order via a I. Legal Background subject of this AD. For service information referendum. If industry approves the Pursuant to the Concrete Masonry identified in this AD, contact Airbus proposed order, the Secretary of Products Research, Education, and Helicopters, 2701 N. Forum Drive, Grand Commerce (Secretary) will issue a final Promotion Act of 2018, 15 U.S.C. 8701 Prairie, TX 75052; telephone 972–641–0000 order and appoint a Board to carry out et seq., the Department is enacting a or 800–232–0323; fax 972–641–3775; or at the duties prescribed by that order, https://www.airbus.com/helicopters/services/ research, education, and promotion which would include an industry- program (commonly referred to as a technical-support.html. You may view the funded research, education, and referenced service information at the FAA, checkoff program) for concrete masonry Office of the Regional Counsel, Southwest promotion program. The Department products. The Act specifically Region, 10101 Hillwood Pkwy., Room 6N– also would follow these procedures for authorizes the Secretary to conduct the 321, Fort Worth, TX 76177. any subsequent referendum under the referendum, and states that ‘‘[referenda (2) The subject of this AD is addressed in Act. This proposal also announces the . . . shall be conducted in a manner European Aviation Safety Agency (now intent of the Department to request determined by the Secretary.’’ 15 U.S.C. European Union Aviation Safety Agency) approval by the Office of Management (EASA) AD No. 2017–0035, dated 8706(c)(1). The Act also authorizes the and Budget (OMB) of two new Secretary to ‘‘issue such regulations as 20, 2017. You may view the EASA AD on the information collection requests (ICRs) to internet at https://www.regulations.gov in the may be necessary to carry out [the Act] AD Docket. support implementation of the and the power vested in the Secretary referendum. (i) Subject under [the Act].’’ 15 US.C. 8713. DATES: The Department must receive The Department’s actions to bring the Joint Aircraft Service Component (JASC) comments 16, 2020. program to fruition will include: (1) Code: 7697, Engine Control System Wiring. ADDRESSES: Submit all electronic public implementing an order that will Issued on , 2020. comments via the Federal e-Rulemaking effectuate the purpose of the Act; (2) Lance T. Gant, Portal. Go to conducting a referendum among the Director, Compliance & Airworthiness https://beta.regulations.gov/docket/ industry to determine whether the Division, Aircraft Certification Service. DOC-2020-0003 click the ‘‘Comment industry approves of being subject to the [FR Doc. 2020–22744 Filed 10–14–20; 8:45 am] Now!’’ icon, complete the required implementing order; and, upon an BILLING CODE 4910–13–P fields, and enter or attach your affirmative vote on the order, (3) issuing

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the order and establishing a Board that units are required to pay an initial rate but CBO expects that only producers of will carry out the provisions of the of assessment of $0.01 per concrete concrete block would participate in the order; and (4) performing continuing masonry unit sold. 15 U.S.C. 8705(c)(1). referendum. Because there is little oversight of the Board and program. An The Act does not define the phrase differentiation among concrete blocks across ‘‘subject to assessment’’ and therefore, manufacturers, all producers of concrete industry group, the CMU Checkoff blocks would benefit from an industry-wide Initiative, submitted a proposed order to the Secretary must interpret the statute research and promotion program. the Secretary on 15, 2020. The to determine whether all manufacturers Manufacturers of concrete pavers, on the proposed order was made available for of concrete masonry products should other hand, are able to distinguish their comment in a separate proposed rule participate in the referendum, or products in ways that allow consumers to published in the Federal Register on whether only manufacturers of concrete recognize individual brands. Consequently, , 2020, at 85 FR 52059. 1 masonry units should participate. The those producers have little incentive to Under the Act, the Secretary must phrase ‘‘subject to assessment’’ could participate in an industry-wide marketing conduct the referendum among eligible mean: (1) Meeting only the eligibility effort. Based on information from manufacturers during the 60-day period requirement described above (that is, manufacturers of concrete pavers, CBO expects that those producers would not before the proposed order becomes having manufactured concrete masonry participate in the referendum. effective. 15 U.S.C. 8706(a)(1). The products during the 180-day period Department interprets this to mean that prior to voting), or (2) both meeting the Senate Report 115–218, at 4 (Mar. 22, the referendum would be conducted eligibility requirement and being subject 2018). entirely within the 60-day period to the initial rate of assessment. Under Based upon both the language and the preceding the effective date of the order, interpretation (1), the referendum would overarching purpose of the statute, and but specifically requests comments on be conducted among all manufacturers because concrete masonry unit this interpretation. The order shall who had manufactured concrete manufacturers are currently the only become effective only if the Secretary masonry products during the 180-day manufacturers who have an incentive to determines that the order has been period prior to voting. Under participate in this program, the approved by a majority ‘‘yes’’ vote by interpretation (2), because the initial Department interprets the Act to mean both: (1) The total number of concrete rate of assessment is applied only to that only manufacturers subject to the masonry unit manufacturers voting; and concrete masonry units sold, the initial rate of assessment are ‘‘subject to (2) manufacturers who operate a referendum would be conducted among assessment,’’ in accordance with majority of the machine cavities all manufacturers who had interpretation (2). Therefore, for the operated by the manufacturers voting in manufactured concrete masonry units initial referendum, an eligible the referendum. 15 U.S.C. 8706(a)(2). during the 180-day period prior to manufacturer would be a manufacturer A manufacturer will be considered voting. of concrete masonry units that is subject eligible to vote if the manufacturer has Where a statute leaves a gap or is to the initial rate of assessment, that is, manufactured concrete masonry ambiguous, courts will typically look to $0.01 per concrete masonry unit sold by products during a period of at least 180 see whether the agency’s interpretation a manufacturer. See 15 U.S.C. days prior to the first day of the 30-day was reasonable in light of the text, 8705(c)(1). period during which voting in the nature, and purpose of the statute. See, II. Summary of Proposed Rule referendum will occur. 15 U.S.C. e.g., Cuozzo Speed Techs., LLC v. Lee, The Department would conduct the 8706(b)(2). The Act directs the Secretary 136 S. Ct. 2131, 2134 (U.S. 20, referendum. Each manufacturer eligible to conduct the referendum ‘‘among 2016). In the absence of a statutory to vote in the referendum would be [eligible] manufacturers . . . subject to definition, courts ‘‘construe a statutory entitled to one vote. See 15 U.S.C. assessments under section 8705 of this term in accordance with its ordinary or 8706(b)(1). For the order to go into title.’’ As explained below, only natural meaning.’’ FDIC v. Meyer, 510 effect, there must be a majority ‘‘yes’’ manufacturers of concrete masonry U.S. 471, 476 (1994). The most relevant vote by both: (1) The total number of units are subject to assessment under definition of ‘‘subject to’’ is ‘‘affected by concrete masonry unit manufacturers the Act. or possibly affected by’’ something.2 voting; and (2) manufacturers who The Act and the proposed order Only manufacturers of concrete operate a majority of the machine distinguish between concrete masonry masonry units will actually have to pay, cavities operated by the manufacturers products and concrete masonry units. or be affected by, the initial rate of voting in the referendum. See 15 U.S.C. The Act defines concrete masonry assessment. The Department believes, 8706(a)(2). Manufacturers would be products to include a broader category therefore, that the most natural reading required to register by midnight of the of products, including concrete masonry of the statute is that only concrete day prior to the start of the referendum units, as well as hardscape products masonry unit manufacturers are period in order to vote. See 15 U.S.C. such as concrete pavers and segmental ‘‘subject to’’ assessment and therefore 8706(c)(2). the Department would use retaining wall units, manufactured on a eligible to participate in the referendum. block machine using dry-cast concrete. This reading is also consistent with Employer Identification Numbers to Concrete masonry units are a type of the stated purpose of the Act as identify unique manufacturers. The referendum would be conducted concrete masonry product with an described in 15 U.S.C. 8701. Senate by an agent, who would determine the actual width of 3 inches or greater that Report 115–218 includes the referendum period and would provide are manufactured from dry-cast concrete Congressional Budget Office’s (CBO) notification to interested voters to allow using a block machine, including estimate concerning the Act’s impacts, them to register prior to the referendum concrete block and related concrete and notes the following assumption: units used in masonry applications. period, as required by the Act. See 15 The bill [S. 374] would apply to producers U.S.C. 8706(c)(2). The agent would Under the Act and the proposed order, of both concrete block and concrete pavers, only manufacturers of concrete masonry provide registration forms and ballots to eligible voters and would provide 2 ‘‘Subject to.’’ Merriam-Webster.com Dictionary, 1 https://www.federalregister.gov/documents/ Merriam-Webster, https://www.merriam- reasonable public notice of the 2020/08/24/2020-17515/concrete-masonry- webster.com/dictionary/subject%20to. Accessed 20 referendum. See 15 U.S.C. 8706(c)(4). products-research-education-and-promotion-order. Jun. 2020. The agent would also collect and review

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all ballots and determine whether any they do not unduly inhibit the ability of checkoff program would be established ballots are invalid and should not be small entities to compete. The RFA by an order issued by the Secretary that counted. Finally, the agent would recognizes that the size of a business, is subject to approval by an industry prepare a report on the referendum and unit of government, or nonprofit referendum. The program would then be announce the results to the public. The organization can have a bearing on its carried out by a Board, which would Department would use these same ability to comply with Federal develop research and education procedures for any subsequent regulations. Major goals of the RFA are: programs as well as efforts to promote referendum under the Act. For any new (1) To increase agency awareness and concrete masonry products in domestic proposed order, voter eligibility would understanding of the impact of their markets. Board activities would be be based on the scope of such proposed regulations on small business; (2) to funded by assessments on order. require that agencies communicate and manufacturers of concrete masonry explain their findings to the public; and products, based on the number of III. Request for Comments (3) to encourage agencies to use masonry units sold each quarter. A The Department invites comments on flexibility and to provide regulatory proposed order submitted by industry to these procedures for conducting the relief to small entities. the Department on , 2020, referendum to determine whether The RFA emphasizes predicting triggered a referendum deadline of manufacturers of concrete masonry significant adverse impacts on small approximately 8 months from units favor issuance of the proposed entities as a group distinct from other submission. The objectives of, and legal order. entities and on the consideration of basis for, the proposed rule is discussed Classification alternatives that may minimize the earlier in the preamble and are not impacts, while still achieving the stated repeated here. Executive Order 12866 objective of the action. When an agency Number of Affected Entities This rulemaking is not a significant publishes a proposed regulatory action, regulatory action under Executive Order it must either: (1) Certify that the action The proposed order applies to 12866. will not have a significant adverse products manufactured on concrete impact on a substantial number of small Executive Order 13771 block machines and used for entities, and support such a certification construction. As indicated by the data This rule is not subject to the declaration with a factual basis, below and confirmed by industry requirements of Executive Order 13771, demonstrating this outcome, or, (2) if experts, the industry is dominated by because its likely impact is de minimis. such a certification cannot be supported small entities. by a factual basis, prepare and make Executive Order 13132 available for public review an Initial The U.S. Small Business This proposed rule does not contain Regulatory Flexibility Analysis (IRFA) Administration size standard to qualify policies with Federalism implications as that describes the impact of the as a small business in this industry is defined in Executive Order 13132. proposed rule on small entities. 500 or fewer employees.3 According to The IRFA for the proposed Census data, there were 430 firms and Regulatory Flexibility Act: Initial referendum procedures follows below. 686 establishments engaged in concrete Regulatory Flexibility Analysis block and brick manufacturing in 2017.4 The Regulatory Flexibility Act (RFA), Basis and Purpose of the Rule Of these, 401 firms, or 93 percent, first enacted in 1980 and codified at 5 This action is taken under the employed fewer than 500 employees, U.S.C. 600–611, was intended to place authority of the Act, which authorizes a and these small firms accounted for 514 the burden on the government to review research, education, and promotion establishments, or 75 percent of all all new regulations to ensure that, while program for concrete masonry products, establishments, and about 62 percent of accomplishing their intended purposes, also known as a checkoff program. The industry employment.5

TABLE 3—BLOCK AND BRICK MANUFACTURERS 2017 BY BUSINESS SIZE

Estimated Annual Size of business by number of employees Number of Number of Employment receipts payroll firms establishments ($mils) ($mils)

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 Source: U.S. Census Bureau 2017 County Business Patterns and 2017 Economic Census, Table US_6digitnaics_2017, released 01/06/2020.

3 See ‘‘Table of Small Business Size Standards state and industry that were specified under 5 See ‘‘2017 SUSB Annual Data Tables by Matched to North American Industry Classification common ownership or control and an establishment Establishment Industry’’ on the U.S. Census Bureau System Codes’’ on the U.S. Small Business is a single physical location at which business is website. For more information, see the County Administration website. conducted or services or industrial operations are Business Patterns methodology on the Census 4 A firm is a business organization consisting of performed. See ‘‘Statistics of U.S. Businesses website. one or more domestic establishments in the same Glossary’’ on the U.S. Census Bureau website.

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Costs to Affected Entities cavities in operation, their Employer individuals desiring to submit This action would impose a reporting Identification Number, and similar comments on the collection of burden on eligible manufacturers of identifying information. information requirements should see the concrete masonry units. To participate Estimated burden: 0.5 hour per ADDRESSES section of this notice. The in the referendum, eligible application. final rule will respond to any public manufacturers would register with the Respondents: Manufacturers of comments on the ICRs contained in this Department in advance of the concrete masonry units. proposal. Notwithstanding any other Estimated Number of Respondents: referendum period. Eligible provision of the law, no person is 690. manufacturers would have the required to respond to, and no person Estimated Number of Responses per opportunity to complete and submit a will be subject to penalty for failure to Respondent: 1. comply with, a collection of information ballot to the Department indicating Estimated Total Annual Burden on whether or not they favor subject to the requirements of the PRA, Respondents: 345 hours. unless that collection of information implementation of the proposed order. (2) Ballot. To conduct a referendum The specific burdens for registration and displays a currently valid OMB control the Department will issue ballots to number. the ballot are detailed later in this allow eligible voters to participate. The document in the section titled ballot shall provide for recording National Environmental Policy Act ‘‘Paperwork Reduction Act’’. essential information, including that The Department estimates that the This proposed rule will not needed for ascertaining whether the respondent burden of the referendum is significantly affect the quality of the person voting, or on whose behalf the 0.5 hours for registration and 0.25 hours human environment. Therefore, an vote is cast, is an eligible voter. The to complete the ballot and that environmental assessment or Department will restrict the information approximately 690 small businesses will Environmental Impact Statement is not request to that information needed to be affected. This results in a total required to be prepared under the determine a voter’s eligibility. estimated burden on small businesses of National Environmental Policy Act of 517.5 hours. According to the Bureau of Information will include the name and 1969. address of the manufacturer, status as a Labor Statistics, the median pay for List of Subjects in 15 CFR Part 1500 industrial production managers is manufacturer of concrete masonry units, $50.71 per hour.6 Thus, the Department affirmation that they have manufactured Administrative practice and estimates that the cost to firms of concrete masonry units within 180 days procedure, Advertising, Consumer participating in the referendum will of the beginning of the referendum information, Marketing agreements, average $38.03. period, manufacturer Employer Concrete masonry promotion, Reporting Identification Number, the number of and recordkeeping requirements. Paperwork Reduction Act cavities the manufacturer has in For the reasons stated in the The information collection requests operation, and similar verification preamble, the Under Secretary for (‘‘ICRs’’) in these proposed referendum information. Economic Affairs proposes to amend 15 procedures have been submitted for Estimated Burden: 0.25 hour per CFR part 1500, proposed to be added approval to OMB under the Paperwork ballot. August 24, 2020, at 85 FR 52059, as set Respondents: Manufacturers of Reduction Act of 1995, 44 U.S.C. 3501 forth below: et seq. This section describes the new concrete masonry units. ICRs and the estimated time to fulfill Estimated Number of Respondents: PART 1500—CONCRETE MASONRY each requirement. There are two new 690. RESEARCH, EDUCATION, AND ICRs associated with the proposed Estimated Number of Responses per PROMOTION referendum procedures—one dealing Respondent: 1. Estimated Total Annual Burden on with the voter registration process and ■ 1. The authority citation for part 1500 Respondents: 172.5 hours. a second with the ballot that voters will continues to read as follows: As part of its continuing effort to use during the referendum. reduce paperwork and respondent Authority: 15 U.S.C. 8701–8717. (1) Registration. The Act requires burden, the Department invites the ■ 2. Add subpart B to read as follows: manufacturers who wish to participate general public and other Federal in the referendum to register in advance Subpart B—Referendum Procedures agencies to comment on proposed and/ of the referendum period. The Secretary or continuing information collections, Sec. will need adequate information from all 1500.100 General. as required by the Paperwork Reduction interested voters to determine whether 1500.101 Definitions. Act. The Department solicits comments they are eligible to participate in the 1500.102 Voting. concerning: Whether these ICRs are referendum. The Department will 1500.103 Instructions. necessary for the proper performance of restrict the information request to that 1500.104 Agents. the functions of the Department, 1500.105 Ballots. information needed to ensure eligibility including whether the information has 1500.106 Referendum report. of the requester to participate in the practical utility; the accuracy of the 1500.107 Confidential information. referendum. Types of information will Department’s estimates of the burden of 1500.108 OMB control number. include name, contact information the ICRs; the quality, utility, and clarity (address, phone number, email), status Subpart B—Referendum Procedures of the information to be collected; and as a manufacturer of concrete masonry whether the burden of collection of units, affirmation of having § 1500.100 General. information on those who are to manufactured concrete masonry units Agents will conduct a referendum in respond, including through the use of within 180 days prior to the beginning accordance with this subpart. automated collection techniques or of the referendum period, the number of other forms of information technology, § 1500.101 Definitions. may be minimized. The information 6 See the Occupational Outlook Handbook on the In addition to the definitions found in Bureau of Labor Statistics website, https:// collection request may be viewed on the subpart A of this part, the following www.bls.gov/ooh/. Reginfo.gov website. Organizations and definitions apply:

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Agent means the individual or (f) Voters are to cast ballots by the information. Such sources of publicity individuals the Secretary designates to means specified by the Secretary. may include, but are not limited to conduct the referendum. (g) If the Department requests, webinars and other such media Eligible manufacturer means any manufacturers shall provide proof of vehicles; and person who is currently a manufacturer sales, proof of cavities in operation, or (2) By such other means as the agent of concrete masonry units and has any other such proof the Department may deem advisable; manufactured a concrete masonry unit deems necessary to establish voting (e) Send to eligible manufacturers within 180 days of the referendum eligibility. Failure to provide the whose names and addresses are known period. requested proof to the Department will to the agent, the instructions on voting, Employer Identification Number result in ineligibility to participate in a ballot, and a summary of the terms means the number generally issued to the referendum. and conditions of the proposed order. Agents will not refuse a ballot to any businesses by the U.S. Department of § 1500.103 Instructions. Treasury. An Employer Identification person who claims to be eligible to vote; The agent(s) shall conduct the Number (EIN) is also known as a (f) At the end of the referendum referendum, in the manner provided in Federal Tax Identification Number and period, collect, open, number, and this subpart, under the supervision of is used to identify a business entity. For review the ballots and tabulate the the Secretary. The Secretary may more information on EINs and how to results in the presence of the Lead prescribe additional instructions, apply go to https://www.irs.gov/ Executive authorized to monitor the consistent with the provisions of this businesses. referendum process; subpart, to govern the procedure to be Lead Executive means the individual (g) Prepare a report on the followed by the agent(s). Such agent(s) or individuals the Secretary designates referendum; and shall: to oversee the conduct of the (h) Announce the results to the (a) Determine the period during public. referendum. which voters may cast ballots; Referendum period means the period (b) Provide notification to allow § 1500.104 Agents. of time, not less than 30 days, that the interested voters to register in advance The Secretary may appoint agent(s) to Secretary or his agent determines of the referendum period. The conduct the referendum. Agent(s) may appropriate for conducting the Department will restrict the information appoint any individual or individuals referendum. requested to that information needed to necessary or desirable to assist the agent Registration means the form and ensure eligibility of request or to in performing such agent’s functions process eligible manufacturers who participate in the referendum. Types of under this subpart. The agent authorizes wish to vote must complete and follow information will include name, contact each individual so appointed to perform in order to vote. Voters must register by information (address, phone number, any or all of the functions which, in the midnight of the day prior to the email), status as a manufacturer of absence of such appointment, shall be beginning of the referendum period. concrete masonry units, affirmation of performed by the agent. § 1500.102 Voting. having manufactured concrete masonry units within 180 days prior to the § 1500.105 Ballots. (a) Each eligible manufacturer shall be beginning of the referendum period, the The agent(s) shall accept all ballots entitled to cast one vote. number of cavities in operation, their cast. However, if an agent determines a (b) The order shall become effective Employer Identification Number, and need for additional review for any only if the Secretary determines that the similar identifying information; reason, the agent shall endorse above order has been approved by a majority (c) Provide ballots and related the voter’s signature on the ballot with of manufacturers voting who also material to voters for use in the a statement to the effect that the ballot represent a majority of the machine referendum. The ballot shall provide for needs additional scrutiny. The agent cavities in operation of those recording essential information, will attach to the ballot information manufacturers voting in the referendum. including information needed for regarding the reasons for additional (c) In order to vote, a manufacturer ascertaining whether the person voting, review, the results of any investigations must register by midnight of the day or on whose behalf the vote is cast, is made with respect to the review, and prior to the start of the referendum an eligible voter. The Department will the final disposition of the review. period. restrict the information requested to that Agents will not count ballots found to (d) For referendum purposes the information needed to determine a be invalid on the basis that: Department will use Employer voter’s eligibility. Information will (a) The ballot is blank, missing a vote, Identification Numbers (EIN) to identify include the name and address of the has no signature; unique manufacturers. manufacturer, status as a manufacturer (b) Both voting boxes are marked in (e) The Secretary does not authorize of concrete masonry units, affirmation the vote section; proxy voting. However, an officer or that they have manufactured concrete (c) The ballot is in a state that agents employee of an eligible manufacturer, masonry units within 180 days of the cannot determine the vote; or an administrator, executor, or trustee of beginning of the referendum period, (d) The ballot has a name that is an eligible entity may cast a ballot on manufacturer Employer Identification different on the ballot from that of the behalf of such entity provided that any Number, the number of cavities the registered voter. (However, agents will individual so voting shall certify that manufacturer has in operation, and accept power of attorney votes with such individual is an officer or similar verification information; proper documentation.) employee of the eligible entity, or an (d) Give reasonable public notice of administrator, executor, or trustee of an the referendum: § 1500.106 Referendum report. eligible entity and that such individual (1) By using available media or public Unless otherwise directed, the Lead has the authority to take such action. information sources, without incurring Executive shall prepare and submit to Upon request of an agent, the individual advertising expense, to publicize the the Secretary a report on the results of shall submit adequate evidence of such dates, method of voting, eligibility the referendum, the manner in which authority. requirements, and other pertinent the agent(s) conducted the referendum,

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the kind of public notice given, and existing exemptions for readoption. This email at [email protected], Kevin R. other information the Lead Executive NPRM also initiates three rounds of Amer, Deputy General Counsel, by finds pertinent to the analysis of the public comment on the newly-proposed email at [email protected], or Terry referendum and its results. exemptions. Interested parties are Hart, Assistant General Counsel, by invited to make full legal and email at [email protected]. Each can § 1500.107 Confidential information. evidentiary submissions in support of or be contacted by telephone by calling The ballots and other information or in opposition to the proposed (202) 707–8350. reports that reveal, or tend to reveal, the exemptions, in accordance with the SUPPLEMENTARY INFORMATION: On June vote of any person covered under the requirements set forth below. 22, 2020, the Office published a order and the voter list shall be strictly DATES: Initial written comments notification of inquiry requesting confidential and shall not be disclosed. (including documentary evidence) and petitions to renew current exemptions, § 1500.108 OMB control number. multimedia evidence from proponents oppositions to the renewal petitions, The control number assigned to the and other members of the public who and petitions for newly proposed information collection requirement in support the adoption of a proposed exemptions in connection with the this subpart by the Office of exemption, as well as parties that eighth triennial section 1201 Management and Budget pursuant to the neither support nor oppose an rulemaking.1 In response, the Office Paperwork Reduction Act of 1995, 44 exemption but seek to share pertinent received thirty-two renewal petitions, U.S.C. 3501 et seq., is OMB control information about a proposal, are due eight comments in opposition to number xxxx. 14, 2020. Written response renewal of a current exemption, and comments (including documentary seven comments supporting renewal of Dated: 4, 2020. evidence) and multimedia evidence a current exemption.2 These comments Kenneth White, from those who oppose the adoption of are discussed further below. In addition, Senior Policy Analyst, Under Secretary for a proposed exemption are due February the Office received twenty-six petitions Economic Affairs. 9, 2021. Written reply comments from for new exemptions or expansion of [FR Doc. 2020–20035 Filed 10–14–20; 8:45 am] supporters of particular proposals and previously granted exemptions. BILLING CODE 3510–20–P parties that neither support nor oppose With this NPRM, the Office sets forth a proposal are due , 2021. the exemptions that it intends to Commenting parties should be aware recommend for readoption without the LIBRARY OF CONGRESS that rather than reserving time for need for further development of the potential extensions of time to file administrative record, and outlines the U.S. Copyright Office comments, the Office has already proposed classes for new exemptions for established what it believes to be the which the Office initiates three rounds 37 CFR Part 201 most generous possible deadlines of public comment. [Docket No. 2020–11] consistent with the goal of concluding the triennial proceeding in a timely I. Standard for Evaluating Proposed Exemptions To Permit Circumvention fashion. Exemptions of Access Controls on Copyrighted ADDRESSES: The Copyright Office is As the notification of inquiry Works using the regulations.gov system for the explained, for a temporary exemption AGENCY: U.S. Copyright Office, Library submission and posting of comments in from the prohibition on circumvention of Congress. this proceeding. All comments are to be granted through the triennial therefore to be submitted electronically rulemaking, it must be established that ACTION: Notice of proposed rulemaking. through regulations.gov. The Office is ‘‘persons who are users of a copyrighted SUMMARY: The United States Copyright accepting two types of comments. First, work are, or are likely to be in the Office is conducting the eighth triennial commenters who wish briefly to express succeeding 3-year period, adversely rulemaking proceeding under the Digital general support for or opposition to a affected by the prohibition . . . in their Millennium Copyright Act (‘‘DMCA’’), proposed exemption may submit such ability to make noninfringing uses concerning possible temporary comments electronically by typing into under [title 17] of a particular class of exemptions to the DMCA’s prohibition the comment field on regulations.gov. copyrighted works.’’ 3 To define an against circumvention of technological Second, commenters who wish to appropriate class of copyrighted works, measures that control access to provide a fuller legal and evidentiary the Office begins with the broad copyrighted works. In this proceeding, basis for their position may upload a the Copyright Office is considering Word or PDF document, but such longer 1 85 FR 37399 (, 2020). petitions for the renewal of exemptions submissions must be completed using 2 The comments received in response to the the long-comment form provided on the notification of inquiry are available at https:// that were granted during the seventh www.regulations.gov/docketBrowser?rpp=25&so= triennial rulemaking along with Office’s website at https:// DESC&sb=comment petitions for new exemptions to engage www.copyright.gov/1201/2021. Specific DueDate&po=0&dct=PS&D=COLC-2020-0010 and in activities not currently permitted by instructions for submitting comments, on the Copyright Office website. Renewal petitions including multimedia evidence that are available at https://www.copyright.gov/1201/ existing exemptions. On June 22, 2020, 2021/petitions/renewal/, and petitions for new the Office published a notification of cannot be uploaded through exemptions are available at https:// inquiry requesting petitions to renew regulations.gov, are also available on www.copyright.gov/1201/2021/petitions/proposed/. existing exemptions and comments in that web page. If a commenter cannot References to renewal petitions and comments are meet a particular submission by party name (abbreviated where appropriate) and response to those petitions, as well as a brief identification of the previously granted petitions for new exemptions. Having requirement, please contact the Office exemption, followed by either ‘‘Renewal Pet.,’’ carefully considered the comments using the contact information below for ‘‘Supp.’’ (for comments supporting an exemption), received in response to that notification, special instructions. or ‘‘Opp.’’ (for comments opposing an exemption). References to petitions for new exemptions are by in this notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: party name (abbreviated where appropriate), the (‘‘NPRM’’), the Office announces its Regan A. Smith, General Counsel and Office’s proposed class number, and ‘‘Pet.’’ intention to recommend each of the Associate Register of Copyrights, by 3 17 U.S.C. 1201(a)(1)(C).

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