80_FR_32598 80 FR 32488 - Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Referendum Procedures

80 FR 32488 - Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Referendum Procedures

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 110 (June 9, 2015)

Page Range32488-32492
FR Document2015-13646

The U.S. Department of Agriculture (USDA) is proposing to amend the 2013 proposed rule on procedures for conducting a referendum to determine whether issuance of a proposed Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order (Order) is favored by manufacturers of hardwood lumber and hardwood plywood. The procedures would also be used for any subsequent referendum under the Order. USDA is reopening the comment period with respect to specific issues identified in this proposed rule. USDA is taking this action in response to the extensive comments received in response to a separate 2013 proposed rule on specific provisions of the proposed Order. A supplemental notice proposing to amend the 2013 proposed Order is being published separately in this issue of the Federal Register. The changes proposed herein are conforming changes to ensure definitions are the same in the proposed Order and proposed referendum procedures.

Federal Register, Volume 80 Issue 110 (Tuesday, June 9, 2015) 
[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Proposed Rules]
[Pages 32488-32492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13646]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / 
Proposed Rules

[[Page 32488]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1211

[Document Number AMS-FV-11-0074; PR-B2]
RIN 0581-AD24


Hardwood Lumber and Hardwood Plywood Promotion, Research and 
Information Order; Referendum Procedures

AGENCY: Agricultural Marketing Service.

ACTION: Proposed rule; supplemental notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to 
amend the 2013 proposed rule on procedures for conducting a referendum 
to determine whether issuance of a proposed Hardwood Lumber and 
Hardwood Plywood Promotion, Research and Information Order (Order) is 
favored by manufacturers of hardwood lumber and hardwood plywood. The 
procedures would also be used for any subsequent referendum under the 
Order. USDA is reopening the comment period with respect to specific 
issues identified in this proposed rule. USDA is taking this action in 
response to the extensive comments received in response to a separate 
2013 proposed rule on specific provisions of the proposed Order. A 
supplemental notice proposing to amend the 2013 proposed Order is being 
published separately in this issue of the Federal Register. The changes 
proposed herein are conforming changes to ensure definitions are the 
same in the proposed Order and proposed referendum procedures.

DATES: Comments must be received by July 9, 2015.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this supplemental proposal. Comments may be submitted on the 
Internet at: http://www.regulations.gov or to the Promotion and 
Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 
Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-
0244; facsimile: (202) 205-2800. All comments should reference the 
document number and the date and page number of this issue of the 
Federal Register and will be made available for public inspection, 
including name and address, if provided, in the above office during 
regular business hours or it can be viewed at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella, Marketing 
Specialist, Promotion and Economics Division, Fruit and Vegetable 
Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 
0244, Washington, DC 20250-0244; telephone: (301) 334-2891; facsimile 
(301) 334-2896; or electronic mail: [email protected].

SUPPLEMENTARY INFORMATION: This proposal 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 rules were 
published in the Federal Register on November 13, 2013. One proposal 
pertained to the proposed Order (78 FR 68298) and a second pertained to 
proposed referendum procedures (78 FR 67979). Both proposals provided 
for a 60-day comment period which ended January 13, 2014. On January 
16, 2014, a notice was published in the Federal Register that reopened 
and extended the comment period on the proposed Order until February 
18, 2014 (79 FR 1805). A total of 939 comments were received in 
response to the proposed Order and 63 comments were received in 
response to the proposed referendum procedures.

Executive Order 12866 and Executive Order 13563

    Executive Orders 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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This action has been designated as ``non-significant 
regulatory action'' under section 3(f) of Executive Order 12866. 
Accordingly, the Office of Management and Budget (OMB) has waived the 
review process.

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this regulation would not 
have substantial and direct effects on Tribal governments and would not 
have significant Tribal implications.

Executive Order 12988

    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. Section 
524 of the 1996 Act (7 U.S.C. 7423) 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 (7 U.S.C. 7418), a person subject 
to an order may file a written petition with USDA stating that an 
order, any provision of an order, or any obligation imposed in 
connection with an order, is not established in accordance with the 
law, and request a modification of an order or an exemption from an 
order. Any petition filed challenging an order, any provision of an 
order, or any obligation imposed in connection with an order, shall be 
filed within two years after the effective date of an order, provision, 
or obligation subject to challenge in the petition. The petitioner will 
have the opportunity for a hearing on the petition. Thereafter, USDA 
will issue a ruling on the petition. The 1996 Act provides that the 
district court of the United States for any district in which the 
petitioner resides or conducts business shall have the jurisdiction to 
review a final ruling on the petition, if the petitioner files a 
complaint for that purpose not later than 20 days after the date of the 
entry of USDA's final ruling.

Background

    In June 2011, USDA received a proposal for a national research and 
promotion program for hardwood lumber and hardwood plywood from the 
Blue Ribbon Committee (BRC). The BRC is a committee of 14 hardwood 
lumber and hardwood plywood

[[Page 32489]]

industry leaders representing small and large manufacturers 
geographically distributed throughout the United States.
    The BRC proposed a program that would be financed by an assessment 
on hardwood lumber and hardwood plywood manufacturers and administered 
by a board of industry members selected by the Secretary. The purpose 
of the program would be to strengthen the position of hardwood lumber 
and hardwood plywood in the marketplace and maintain and expand markets 
for hardwood lumber and hardwood plywood. A referendum would be held 
among eligible hardwood lumber and hardwood plywood manufacturers to 
determine whether they favor implementation of the program prior to it 
going into effect.
    As previously stated, two proposed rules were published in the 
Federal Register on November 13, 2013. One proposal pertained to the 
proposed Order and a second pertained to proposed referendum 
procedures. Both proposals provided for a 60-day comment period which 
ended January 13, 2014. The comment period on the proposed Order was 
reopened and extended until February 18, 2014. A total of 939 comments 
were received in response to the proposed Order. Sixty-three comments 
were received in response to the proposed referendum procedures. Upon 
review, these 63 comments were actually in reference to the proposed 
Order rather than the referendum procedures.
    Many of the comments included questions about fundamental 
provisions of the program as proposed. As a result, USDA is reopening 
the comment period to solicit additional comments on specific areas in 
the November 2013 proposal regarding the proposed Order. A supplemental 
notice of proposed rulemaking is published elsewhere in this issue of 
the Federal Register to amend the proposed Order.
    USDA is also reopening the comment period to solicit comments on 
proposed conforming changes that are necessary to the November 2013 
proposed rule regarding the referendum procedures to ensure that 
definitions are the same in the proposed Order and referendum 
procedures. The proposed conforming changes open for comment are 
detailed in the section titled Scope of Supplemental Notice of Proposed 
Rulemaking.

Clarification Regarding Exports and Imports

    In this document, USDA is clarifying that exports would be covered 
under the program. The background section of the November 2013 proposed 
rule on referendum procedures (78 FR 67979) inadvertently stated that 
exports would be exempted from the proposed program. USDA is also 
reiterating that imports would not be covered under the program. 
Several commenters raised this question during the comment period in 
response to the November 2013 proposed Order.
    In this document, USDA is also informing stakeholders of a 
supplemental notice of proposed rulemaking published elsewhere in this 
issue of the Federal Register to the separate 2013 proposal concerning 
the proposed Order (November 13, 2013; 78 FR 68298).

Scope of Supplemental Notice of Proposed Rulemaking

Proposed Modifications to Previously Proposed Provisions

    USDA is proposing to revise provisions of the previously proposed 
referendum procedures to make conforming changes to ensure definitions 
are the same in the proposed Order and proposed referendum procedures. 
USDA is also proposing to add five definitions that were inadvertently 
omitted from the November 2013 proposed referendum procedures. USDA 
requests comments on the proposed revisions which are described in the 
following paragraphs.

Definitions

    USDA proposes to simplify section 1211.101 of the November 2013 
proposed referendum procedures by removing the paragraph designations 
for the listed definitions. The definitions would continue to be listed 
in alphabetical order.

Eligible Hardwood Lumber and Hardwood Plywood Manufacturer

    USDA is proposing to modify the term ``eligible hardwood lumber and 
hardwood plywood manufacturer'' as defined in the November 2013 
proposed referendum procedures in section 1211.101 (previously proposed 
paragraph (d)) to mean any current hardwood lumber manufacturer with 
annual sales of $2 million or more and current hardwood plywood 
manufacturers with annual sales of $10 million or more during the 
representative period. The November 2013 proposed rule inadvertently 
indicated that only sales within the United States would be included in 
this definition. The designation regarding paragraph (d) in section 
1211.101 would be removed.

Green Air Dried (G/AD)

    USDA is proposing to add a new definition to section 1211.101 of 
the November 2013 proposed referendum procedures to define the term 
``green air dried (G/AD)'' to mean green hardwood lumber or hardwood 
lumber that has been dried by exposure to air in a yard or shed, 
without artificial heat. This term is needed to address concerns raised 
by commenters regarding how green air dried lumber would be handled 
under the proposed program.

Green (G) Hardwood Lumber

    USDA is proposing to add a new definition to section 1211.101 of 
the November 2013 proposed referendum procedures to define the term 
``green hardwood lumber'' to mean hardwood lumber that has not been 
kiln dried or air dried. This term was inadvertently omitted from the 
November 2013 proposed referendum procedures.

Hardwood Lumber

    USDA is proposing to modify the term ``hardwood lumber'' as defined 
in the November 2013 proposed referendum procedures in section 1211.101 
(previously proposed paragraph (e)) to clarify that it includes yellow 
poplar in the list of trees referenced, and that the respective trees 
must be grown in the United States. This modification is proposed in 
response to comments received requesting that the term be clarified. 
Thus, the term hardwood lumber would mean timber from the wood of a 
cypress tree or a deciduous, broad leafed tree (including but not 
limited to aspen, birch, cypress, poplar, yellow poplar, maple, cherry, 
walnut and oak) grown in the United States that has been sawn into 
boards or blocks by a sawmill in the United States. The designation 
regarding paragraph (e) in section 1211.101 would be removed.

Hardwood Lumber Products

    USDA is proposing to add a new definition to section 1211.101 of 
the November 2013 proposed referendum procedures to define the term 
``hardwood lumber products'' to mean hardwood G/AD/KD lumber that has 
been transformed into products that remain boards meeting or exceeding 
the level of ``Grade 3A Common'' as defined by National Hardwood Lumber 
Association Rules for the Inspection of Hardwood & Cypress effective 
January 1, 2015 (http://nhla.com/rulesbook), or equivalent proprietary 
standard, as recommended by the Board and approved by the Secretary. 
The Grade 3A Common standard would provide minimum requirements for 
covered hardwood in terms of width, length and

[[Page 32490]]

other factors. This third party standard would be incorporated by 
reference in section 1211.101 and would specify the current version of 
the cited third-party standard and would include information on the 
availability of this standard to meet requirements for incorporation by 
reference. For purposes of the Order, hardwood lumber would not include 
industrial products which remain in board or block form such as ties, 
cants, crane mat material and pallet stock or products which are 
transformed from boards or blocks of lumber into other products such as 
furniture, tight cooperage, cabinetry, and constructed pallets. The 
term hardwood lumber products was inadvertently omitted from the 
November 2013 proposed referendum procedures.

Hardwood Lumber Value-Added Products

    USDA is proposing to add a new definition to section 1211.101 of 
the November 2013 proposed referendum procedures to define the term 
``hardwood lumber value-added products'' to mean products which remain 
in the general shape of hardwood lumber boards, but have undergone 
additional processing beyond surfacing or cutting to a particular size. 
Hardwood lumber value-added products include products such as solid 
wood unfinished strip flooring, all-sides surfaced boards, finger-
jointed strips ripped to width, and moldings. For purposes of the 
proposed Order, hardwood lumber value-added products would not include 
industrial products which remain in board or block form such as ties, 
cants, crane mat material, and pallet stock or products which are 
transformed from boards or blocks of lumber into other products, such 
as furniture, tight cooperage, cabinetry, and constructed pallets. 
Further, it would not include multi-component or further manufactured 
products such as furniture, cabinets, cabinet doors, prefinished or 
engineered flooring, pallets, or dimension or glued components for 
cabinets or furniture. The term hardwood lumber value-added products 
was inadvertently omitted from the November 2013 referendum procedures.

Kiln Dried (KD)

    USDA is proposing to add a new definition to section 1211.101 of 
the November 2013 proposed referendum procedures to define the term 
``kiln dried (KD)'' to mean hardwood lumber that has been seasoned in a 
kiln by means of artificial heat, humidity and circulation. The term 
kiln dried was also inadvertently omitted from the November 2013 
referendum procedures.

Order

    USDA is also proposing an editorial change to proposed section 
1211.101 (previously proposed paragraph (h)) of the November 2013 
proposed referendum procedures to clarify that the Order means the 
Hardwood Lumber and Hardwood Plywood Promotion, Research and 
Information Order. The designation regarding paragraph (h) in section 
1211.101 would be removed.
    USDA is proposing to modify the referenda criteria specified in the 
November 2013 proposed rule in paragraphs (a) and (b) of proposed 
section 1211.81 to require approval by a majority of manufacturers 
voting in the referendum who also represent a majority of the volume 
represented in the referendum. It should be noted that USDA is 
proposing to modify the referendum criteria in the proposed Order, 
published separately.

Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 
601-612), AMS is required to examine the impact of the proposed rule on 
small entities. Accordingly, AMS has considered the economic impact of 
this action on such entities.\1\
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    \1\ The complete Regulatory Flexibility Act Analysis appears in 
the proposed rule at 78 FR 67980.
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    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions so that small businesses will not be 
disproportionately burdened. The Small Business Administration defines, 
in 13 CFR part 121, small agricultural producers as those having annual 
receipts of no more than $750,000 and small agricultural service firms 
(manufacturers) as those having annual receipts of no more than $7.0 
million.
    According to information submitted by the proponents, it is 
estimated that there are 2,804 hardwood lumber manufacturers and 36 
hardwood plywood manufacturers in the United States annually. This 
number represents separate business entities and includes exempted and 
assessed entities under the Order; one business entity may include 
multiple sawmills. It is estimated that 85 to 90 percent of the 
manufacturers are small businesses.
    In this document, USDA is proposing to amend the November 2013 
proposed rule regarding referendum procedures to determine whether 
issuance of a proposed Order for hardwood lumber and hardwood plywood 
is favored by a majority of manufacturers voting in the referendum who 
also represent a majority of the volume represented in the referendum. 
USDA is reopening the comment period only with respect to specific 
issues identified in this proposed rule. USDA is taking the action in 
response to extensive comments received in response to the November 
2013 proposed rule. The proposed referendum procedures are authorized 
under the 1996 Act.
    Regarding the economic impact of the changes proposed in this 
supplemental notice, most of the changes are for the purpose of 
clarification and would have no economic impact on affected entities. 
The changes proposed are conforming changes to ensure definitions are 
the same in the proposed Order and proposed referendum procedures. The 
changes pertain to section 1211.101 and include: Adding definitions for 
the following terms--green air dried (G/AD), green (G) hardwood lumber, 
hardwood lumber products, hardwood lumber value-added products, and 
kiln dried; and clarifying the terms hardwood lumber and Order. The 
section was also simplified to remove the paragraph designations.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the referendum ballot, which represents the information 
collection and recordkeeping requirements that may be imposed by this 
rule, has been submitted to the OMB for approval.
    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.

Incorporation by Reference

    As previously mentioned, USDA is proposing to add a new definition 
to section 1211.101 of the November 2013 proposed rule to define the 
term ``hardwood lumber products.'' This definition would be linked to a 
grade standard defined in the National Hardwood Lumber Association 
Rules for the Inspection of Hardwood & Cypress. This standard is 
discussed in more detail in the Hardwood lumber products section 
elsewhere in this document and is available online.
    While the proposal set forth below has not received the approval of 
USDA, it is determined that the proposed referendum procedures, and the 
revisions proposed herein, are consistent with and would effectuate the 
purposes of the 1996 Act.

[[Page 32491]]

    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. Thirty-days is deemed appropriate because 
this proposal supplements a November 2013 proposed rule regarding 
referendum procedures applicable to a proposed national promotion 
program for hardwood lumber and plywood. All written comments received 
in response to this proposed rule by the date specified will be 
considered prior to finalizing this action.
    The entire proposed referendum procedures are published for ease of 
reference.

List of Subjects in 7 CFR Part 1211

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Hardwood lumber, Hardwood plywood, 
Incorporation by reference, Promotion, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, it is proposed that 
Title 7, Chapter XI of the Code of Federal Regulations, as proposed to 
be amended on November 13, 2013 (78 FR 67979) and elsewhere in this 
issue of the Federal Register, be further amended as follows:

PART 1211--HARDWOOD LUMBER AND HARDWOOD PLYWOOD PROMOTION, RESEARCH 
AND INFORMATION ORDER

0
1. The authority citation for 7 CFR part 1211 continues to read as 
follows:

    Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.

0
2. Subpart B of 7 CFR part 1211 is added to read as follows:
Subpart B--Referendum Procedures
Sec.
1211.100 General.
1211.101 Definitions.
1211.102 Voting.
1211.103 Instructions.
1211.104 Subagents.
1211.105 Ballots.
1211.106 Referendum report.
1211.107 Confidential information.
1211.108 OMB Control number.

Subpart B--Referendum Procedures


Sec.  1211.100  General.

    Referenda to determine whether eligible hardwood lumber and 
hardwood plywood manufacturers favor the issuance, continuance, 
amendment, suspension, or termination of the Hardwood Lumber and 
Hardwood Plywood Promotion, Research and Information Order shall be 
conducted in accordance with this subpart.


Sec.  1211.101  Definitions.

    For the purposes of this subpart:
    Administrator means the Administrator of the Agricultural Marketing 
Service, with power to delegate, or any officer or employee of the U.S. 
Department of Agriculture to whom authority has been delegated or may 
hereafter be delegated to act in the Administrator's stead.
    Covered hardwood means hardwood lumber, hardwood lumber products, 
hardwood value-added lumber products, and hardwood plywood to which an 
assessment has been or may be levied pursuant to the Order.
    Department or USDA means the U.S. Department of Agriculture or any 
officer or employee of the Department to whom authority has heretofore 
been delegated, or to whom authority may hereafter be delegated, to act 
in the Secretary's stead.
    Eligible hardwood lumber and hardwood plywood manufacturer means 
any current hardwood lumber manufacturer with annual sales of $2 
million or more and current hardwood plywood manufacturers with annual 
sales of $10 million or more during the representative period.
    Green air dried (G/AD) means green hardwood lumber or hardwood 
lumber that has been dried by exposure to air in a yard or shed, 
without artificial heat.
    Green (G) hardwood lumber means hardwood lumber that has not been 
kiln dried or air dried.
    Hardwood lumber means timber from the wood of a cypress tree or a 
deciduous, broad-leafed tree (including but not limited to aspen, 
birch, cypress, poplar, yellow poplar, maple, cherry, walnut, and oak) 
grown in the United States that that has been sawn into boards or 
blocks by a sawmill in the United States.
    Hardwood lumber products means hardwood G/AD/KD lumber that has 
been transformed into products that remain boards meeting or exceeding 
the level of ``Grade 3A Common'' as defined by National Hardwood Lumber 
Association Rules for the Inspection of Hardwood & Cypress effective 
January 1, 2015 (http://nhla.com/rulesbook), or equivalent proprietary 
standard, as recommended by the Board and approved by the Secretary. 
For purposes of this Order, hardwood lumber does not include industrial 
products which remain in board or block form such as ties, cants, crane 
mat material, and pallet stock or products which are transformed from 
boards or blocks of lumber into other products such as furniture, tight 
cooperage, cabinetry, and constructed pallets.
    (1) The following standard is incorporated by reference into this 
part with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent 
amendment to the standard by the standard-setting organization will not 
affect the USDA standard unless and until amended by USDA. Material is 
incorporated as it exists on the date of approval and a notice of any 
change in the material will be published in the Federal Register. All 
approved material can be obtained from National Hardwood Lumber 
Association, P.O. Box 34518, Memphis, TN 38184; phone (901) 377-1818; 
http://www.nhla.com/. It is available for inspection at the Promotion 
and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 
Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-
0244; facsimile: (202) 205-2800, and is available from the sources 
listed below. It is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (2) [Reserved]
    Hardwood lumber value-added products means products which remain in 
the general shape of hardwood lumber boards, but have undergone 
additional processing beyond surfacing or cutting to a particular size. 
Hardwood lumber value-added products include products such as solid 
wood unfinished strip flooring, all-sides surfaced boards, finger-
jointed strips ripped to width, and moldings. For purposes of this 
Order, hardwood lumber value-added products does not include industrial 
products which remain in board or block form such as ties, cants, crane 
mat material, and pallet stock or products which are transformed from 
boards or blocks of lumber into other products, such as furniture, 
tight cooperage, cabinetry, and constructed pallets. Further, it does 
not include multi-component or further manufactured products such as 
furniture, cabinets, cabinet doors, prefinished or engineered flooring, 
pallets, or dimension or glued components for cabinets or furniture.
    Hardwood plywood means a panel product, the decorative face of 
which is made from hardwood veneer intended for interior use composed 
of an assembly of layers or plies of veneer or veneers in combination 
with lumber core, particleboard, medium density fiberboard core, 
hardboard core, or special core or special back material joined with an 
adhesive.

[[Page 32492]]

    Kiln dried (KD) means hardwood lumber that has been seasoned in a 
kiln by means of artificial heat, humidity and circulation.
    Manufacturing means the process of transforming logs into hardwood 
lumber, or the process of creating hardwood lumber products, value-
added hardwood lumber products, or hardwood plywood.
    Order means the Hardwood Lumber and Hardwood Plywood Promotion, 
Research and Information Order.
    Person means any individual, group of individuals, partnership, 
corporation, association, cooperative, or any other legal entity. For 
the purpose of this definition, the term ``partnership'' includes, but 
is not limited to:
    (a) A spouse who has title to, or leasehold interest in, a hardwood 
lumber manufacturing entity as tenants in common, joint tenants, 
tenants by the entirety, or, under community property laws, as 
community property; and
    (b) So called ``joint ventures'' wherein one or more parties to an 
agreement, informal or otherwise, contributed land, facilities, 
capital, labor, management, equipment, or other services, or any 
variation of such contributions by two or more parties, so that it 
results in the manufacturing of covered hardwood lumber and the 
authority to transfer title to the hardwood lumber so manufactured.
    Referendum agent or agent means the individual or individuals 
designated by the Secretary to conduct the referendum.
    Representative period means the period designated by the 
Department.
    United States means collectively the 50 states, the District of 
Columbia, the Commonwealth of Puerto Rico, and the territories and 
possessions of the United States.


Sec.  1211.102  Voting.

    (a) Each eligible manufacturer of covered hardwood lumber shall be 
entitled to cast only one ballot in the referendum. However, each 
manufacturer in a landlord/tenant relationship or a divided ownership 
arrangement involving totally independent entities cooperating only to 
manufacture covered hardwood lumber, in which more than one of the 
parties is a manufacturer, shall be entitled to cast one ballot in the 
referendum covering only such manufacturer's share of ownership.
    (b) Proxy voting is not authorized, but an officer or employee of 
an eligible corporate manufacturer, or an administrator, executor or 
trustee of an eligible entity 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 entity, or an 
administrator, executive, or trustee of an eligible entity 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) A single entity who manufactures covered hardwood lumber may 
cast one vote in the referendum.
    (d) All ballots are to be cast by mail or other means, as 
instructed by the Department.


Sec.  1211.103  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 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 voter;
    (c) Give reasonable public notice of the referendum:
    (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 
and radio; and
    (2) By such other means as the agent may deem advisable.
    (d) Mail to eligible manufacturers whose names and addresses are 
known to the referendum agent, the instructions on voting, a ballot, 
and a summary of the terms and conditions of the proposed Order. No 
person who claims to be eligible to vote 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.


Sec.  1211.104  Subagents.

    The referendum agent may appoint any individual or individuals 
necessary or desirable to assist the agent in performing such agent's 
functions of this subpart. Each individual so appointed may be 
authorized by the agent to perform any or all of the functions which, 
in the absence of such appointment, shall be performed by the agent.


Sec.  1211.105  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 invalid under this subpart shall not be 
counted.


Sec.  1211.106  Referendum report.

    Except as otherwise directed, the referendum agent shall prepare 
and submit to the Administrator a report on the results of the 
referendum, the manner in which it was conducted, the extent and kind 
of public notice given, and other information pertinent to the analysis 
of the referendum and its results.


Sec.  1211.107  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.  1211.108  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. is OMB 
control number 0581-NEW.

    Dated: June 1, 2015.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2015-13646 Filed 6-8-15; 8:45 am]
BILLING CODE 3410-02-P

32488 Proposed Rules Federal Register Vol. 80, No. 110 Tuesday, June 9, 2015 This section of the FEDERAL REGISTER AMS, USDA, 1400 Independence has been designated as ‘‘non-significant contains notices to the public of the proposed Avenue SW., Room 1406–S, Stop 0244, regulatory action’’ under section 3(f) of issuance of rules and regulations. The Washington, DC 20250–0244; facsimile: Executive Order 12866. Accordingly, purpose of these notices is to give interested (202) 205–2800. All comments should the Office of Management and Budget persons an opportunity to participate in the reference the document number and the (OMB) has waived the review process. rule making prior to the adoption of the final rules. date and page number of this issue of Executive Order 13175 the Federal Register and will be made available for public inspection, This action has been reviewed in including name and address, if accordance with the requirements of DEPARTMENT OF AGRICULTURE provided, in the above office during Executive Order 13175, Consultation Agricultural Marketing Service regular business hours or it can be and Coordination with Indian Tribal viewed at http://www.regulations.gov. Governments. The review reveals that 7 CFR Part 1211 FOR FURTHER INFORMATION CONTACT: this regulation would not have Patricia A. Petrella, Marketing substantial and direct effects on Tribal [Document Number AMS–FV–11–0074; PR– governments and would not have B2] Specialist, Promotion and Economics Division, Fruit and Vegetable Program, significant Tribal implications. RIN 0581–AD24 AMS, USDA, 1400 Independence Executive Order 12988 Hardwood Lumber and Hardwood Avenue SW., Room 1406–S, Stop 0244, This proposal has been reviewed Plywood Promotion, Research and Washington, DC 20250–0244; telephone: under Executive Order 12988, Civil Information Order; Referendum (301) 334–2891; facsimile (301) 334– Justice Reform. It is not intended to Procedures 2896; or electronic mail: have retroactive effect. Section 524 of Patricia.Petrella@ams.usda.gov. the 1996 Act (7 U.S.C. 7423) provides AGENCY: Agricultural Marketing Service. SUPPLEMENTARY INFORMATION: This that it shall not affect or preempt any ACTION: Proposed rule; supplemental proposal is issued pursuant to the other Federal or state law authorizing notice of proposed rulemaking. Commodity Promotion, Research and promotion or research relating to an Information Act of 1996 (1996 Act) (7 agricultural commodity. SUMMARY: The U.S. Department of U.S.C. 7411–7425). Under section 519 of the 1996 Act (7 Agriculture (USDA) is proposing to As part of this rulemaking process, U.S.C. 7418), a person subject to an amend the 2013 proposed rule on two proposed rules were published in order may file a written petition with procedures for conducting a referendum the Federal Register on November 13, USDA stating that an order, any to determine whether issuance of a 2013. One proposal pertained to the provision of an order, or any obligation proposed Hardwood Lumber and proposed Order (78 FR 68298) and a imposed in connection with an order, is Hardwood Plywood Promotion, second pertained to proposed not established in accordance with the Research and Information Order (Order) referendum procedures (78 FR 67979). law, and request a modification of an is favored by manufacturers of Both proposals provided for a 60-day order or an exemption from an order. hardwood lumber and hardwood comment period which ended January Any petition filed challenging an order, plywood. The procedures would also be 13, 2014. On January 16, 2014, a notice any provision of an order, or any used for any subsequent referendum was published in the Federal Register obligation imposed in connection with under the Order. USDA is reopening the that reopened and extended the an order, shall be filed within two years comment period with respect to specific comment period on the proposed Order after the effective date of an order, issues identified in this proposed rule. until February 18, 2014 (79 FR 1805). A provision, or obligation subject to USDA is taking this action in response total of 939 comments were received in challenge in the petition. The petitioner to the extensive comments received in response to the proposed Order and 63 will have the opportunity for a hearing response to a separate 2013 proposed comments were received in response to on the petition. Thereafter, USDA will rule on specific provisions of the the proposed referendum procedures. issue a ruling on the petition. The 1996 proposed Order. A supplemental notice Act provides that the district court of proposing to amend the 2013 proposed Executive Order 12866 and Executive the United States for any district in Order is being published separately in Order 13563 which the petitioner resides or conducts this issue of the Federal Register. The Executive Orders 12866 and 13563 business shall have the jurisdiction to changes proposed herein are conforming direct agencies to assess all costs and review a final ruling on the petition, if changes to ensure definitions are the benefits of available regulatory the petitioner files a complaint for that same in the proposed Order and alternatives and, if regulation is purpose not later than 20 days after the proposed referendum procedures. necessary, to select regulatory date of the entry of USDA’s final ruling. DATES: Comments must be received by approaches that maximize net benefits July 9, 2015. Background tkelley on DSK3SPTVN1PROD with PROPOSALS (including potential economic, ADDRESSES: Interested persons are environmental, public health and safety In June 2011, USDA received a invited to submit written comments effects, distributive impacts, and proposal for a national research and concerning this supplemental proposal. equity). Executive Order 13563 promotion program for hardwood Comments may be submitted on the emphasizes the importance of lumber and hardwood plywood from Internet at: http://www.regulations.gov quantifying both costs and benefits, of the Blue Ribbon Committee (BRC). The or to the Promotion and Economics reducing costs, of harmonizing rules, BRC is a committee of 14 hardwood Division, Fruit and Vegetable Program, and of promoting flexibility. This action lumber and hardwood plywood VerDate Sep<11>2014 17:11 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\09JNP1.SGM 09JNP1

Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Proposed Rules 32489 industry leaders representing small and November 2013 proposed rule on Green Air Dried (G/AD) large manufacturers geographically referendum procedures (78 FR 67979) USDA is proposing to add a new distributed throughout the United inadvertently stated that exports would definition to section 1211.101 of the States. be exempted from the proposed November 2013 proposed referendum The BRC proposed a program that program. USDA is also reiterating that procedures to define the term ‘‘green air would be financed by an assessment on imports would not be covered under the dried (G/AD)’’ to mean green hardwood hardwood lumber and hardwood program. Several commenters raised lumber or hardwood lumber that has plywood manufacturers and this question during the comment been dried by exposure to air in a yard administered by a board of industry period in response to the November or shed, without artificial heat. This members selected by the Secretary. The 2013 proposed Order. term is needed to address concerns purpose of the program would be to In this document, USDA is also raised by commenters regarding how strengthen the position of hardwood informing stakeholders of a green air dried lumber would be lumber and hardwood plywood in the supplemental notice of proposed handled under the proposed program. marketplace and maintain and expand rulemaking published elsewhere in this markets for hardwood lumber and Green (G) Hardwood Lumber issue of the Federal Register to the hardwood plywood. A referendum USDA is proposing to add a new separate 2013 proposal concerning the would be held among eligible hardwood definition to section 1211.101 of the proposed Order (November 13, 2013; 78 lumber and hardwood plywood November 2013 proposed referendum FR 68298). manufacturers to determine whether procedures to define the term ‘‘green they favor implementation of the Scope of Supplemental Notice of hardwood lumber’’ to mean hardwood program prior to it going into effect. Proposed Rulemaking lumber that has not been kiln dried or As previously stated, two proposed air dried. This term was inadvertently rules were published in the Federal Proposed Modifications to Previously Proposed Provisions omitted from the November 2013 Register on November 13, 2013. One proposed referendum procedures. proposal pertained to the proposed USDA is proposing to revise Order and a second pertained to Hardwood Lumber provisions of the previously proposed proposed referendum procedures. Both referendum procedures to make USDA is proposing to modify the term proposals provided for a 60-day conforming changes to ensure ‘‘hardwood lumber’’ as defined in the comment period which ended January definitions are the same in the proposed November 2013 proposed referendum 13, 2014. The comment period on the Order and proposed referendum procedures in section 1211.101 proposed Order was reopened and procedures. USDA is also proposing to (previously proposed paragraph (e)) to extended until February 18, 2014. A add five definitions that were clarify that it includes yellow poplar in total of 939 comments were received in inadvertently omitted from the the list of trees referenced, and that the response to the proposed Order. Sixty- November 2013 proposed referendum respective trees must be grown in the three comments were received in procedures. USDA requests comments United States. This modification is response to the proposed referendum on the proposed revisions which are proposed in response to comments procedures. Upon review, these 63 described in the following paragraphs. received requesting that the term be comments were actually in reference to clarified. Thus, the term hardwood the proposed Order rather than the Definitions lumber would mean timber from the referendum procedures. wood of a cypress tree or a deciduous, Many of the comments included USDA proposes to simplify section broad leafed tree (including but not questions about fundamental provisions 1211.101 of the November 2013 limited to aspen, birch, cypress, poplar, of the program as proposed. As a result, proposed referendum procedures by yellow poplar, maple, cherry, walnut USDA is reopening the comment period removing the paragraph designations for and oak) grown in the United States that to solicit additional comments on the listed definitions. The definitions has been sawn into boards or blocks by specific areas in the November 2013 would continue to be listed in a sawmill in the United States. The proposal regarding the proposed Order. alphabetical order. designation regarding paragraph (e) in A supplemental notice of proposed Eligible Hardwood Lumber and section 1211.101 would be removed. rulemaking is published elsewhere in Hardwood Plywood Manufacturer Hardwood Lumber Products this issue of the Federal Register to amend the proposed Order. USDA is proposing to modify the term USDA is proposing to add a new USDA is also reopening the comment ‘‘eligible hardwood lumber and definition to section 1211.101 of the period to solicit comments on proposed hardwood plywood manufacturer’’ as November 2013 proposed referendum conforming changes that are necessary defined in the November 2013 proposed procedures to define the term to the November 2013 proposed rule referendum procedures in section ‘‘hardwood lumber products’’ to mean regarding the referendum procedures to 1211.101 (previously proposed hardwood G/AD/KD lumber that has ensure that definitions are the same in paragraph (d)) to mean any current been transformed into products that the proposed Order and referendum hardwood lumber manufacturer with remain boards meeting or exceeding the procedures. The proposed conforming annual sales of $2 million or more and level of ‘‘Grade 3A Common’’ as defined changes open for comment are detailed current hardwood plywood by National Hardwood Lumber in the section titled Scope of manufacturers with annual sales of $10 Association Rules for the Inspection of tkelley on DSK3SPTVN1PROD with PROPOSALS Supplemental Notice of Proposed million or more during the Hardwood & Cypress effective January Rulemaking. representative period. The November 1, 2015 (http://nhla.com/rulesbook), or 2013 proposed rule inadvertently equivalent proprietary standard, as Clarification Regarding Exports and indicated that only sales within the recommended by the Board and Imports United States would be included in this approved by the Secretary. The Grade In this document, USDA is clarifying definition. The designation regarding 3A Common standard would provide that exports would be covered under the paragraph (d) in section 1211.101 would minimum requirements for covered program. The background section of the be removed. hardwood in terms of width, length and VerDate Sep<11>2014 17:11 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\09JNP1.SGM 09JNP1

32490 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Proposed Rules other factors. This third party standard also inadvertently omitted from the majority of manufacturers voting in the would be incorporated by reference in November 2013 referendum procedures. referendum who also represent a section 1211.101 and would specify the majority of the volume represented in Order current version of the cited third-party the referendum. USDA is reopening the standard and would include USDA is also proposing an editorial comment period only with respect to information on the availability of this change to proposed section 1211.101 specific issues identified in this standard to meet requirements for (previously proposed paragraph (h)) of proposed rule. USDA is taking the incorporation by reference. For the November 2013 proposed action in response to extensive purposes of the Order, hardwood referendum procedures to clarify that comments received in response to the lumber would not include industrial the Order means the Hardwood Lumber November 2013 proposed rule. The products which remain in board or and Hardwood Plywood Promotion, proposed referendum procedures are block form such as ties, cants, crane mat Research and Information Order. The authorized under the 1996 Act. material and pallet stock or products designation regarding paragraph (h) in Regarding the economic impact of the which are transformed from boards or section 1211.101 would be removed. changes proposed in this supplemental blocks of lumber into other products USDA is proposing to modify the notice, most of the changes are for the such as furniture, tight cooperage, referenda criteria specified in the purpose of clarification and would have cabinetry, and constructed pallets. The November 2013 proposed rule in no economic impact on affected entities. term hardwood lumber products was paragraphs (a) and (b) of proposed The changes proposed are conforming inadvertently omitted from the section 1211.81 to require approval by changes to ensure definitions are the November 2013 proposed referendum a majority of manufacturers voting in same in the proposed Order and procedures. the referendum who also represent a proposed referendum procedures. The Hardwood Lumber Value-Added majority of the volume represented in changes pertain to section 1211.101 and Products the referendum. It should be noted that include: Adding definitions for the USDA is proposing to modify the following terms—green air dried (G/ USDA is proposing to add a new referendum criteria in the proposed AD), green (G) hardwood lumber, definition to section 1211.101 of the Order, published separately. hardwood lumber products, hardwood November 2013 proposed referendum Regulatory Flexibility Act Analysis lumber value-added products, and kiln procedures to define the term dried; and clarifying the terms ‘‘hardwood lumber value-added In accordance with the Regulatory hardwood lumber and Order. The products’’ to mean products which Flexibility Act (RFA) (5 U.S.C. 601– section was also simplified to remove remain in the general shape of 612), AMS is required to examine the the paragraph designations. hardwood lumber boards, but have impact of the proposed rule on small undergone additional processing In accordance with the Paperwork entities. Accordingly, AMS has Reduction Act of 1995 (44 U.S.C. beyond surfacing or cutting to a considered the economic impact of this particular size. Hardwood lumber value- Chapter 35), the referendum ballot, action on such entities.1 which represents the information added products include products such The purpose of the RFA is to fit as solid wood unfinished strip flooring, collection and recordkeeping regulatory actions to the scale of requirements that may be imposed by all-sides surfaced boards, finger-jointed businesses subject to such actions so strips ripped to width, and moldings. this rule, has been submitted to the that small businesses will not be OMB for approval. For purposes of the proposed Order, disproportionately burdened. The Small hardwood lumber value-added products AMS is committed to complying with Business Administration defines, in 13 would not include industrial products the E-Government Act, to promote the CFR part 121, small agricultural which remain in board or block form use of the Internet and other producers as those having annual such as ties, cants, crane mat material, information technologies to provide receipts of no more than $750,000 and and pallet stock or products which are increased opportunities for citizen small agricultural service firms transformed from boards or blocks of access to Government information and (manufacturers) as those having annual lumber into other products, such as services, and for other purposes. receipts of no more than $7.0 million. furniture, tight cooperage, cabinetry, According to information submitted Incorporation by Reference and constructed pallets. Further, it by the proponents, it is estimated that would not include multi-component or As previously mentioned, USDA is there are 2,804 hardwood lumber further manufactured products such as proposing to add a new definition to manufacturers and 36 hardwood furniture, cabinets, cabinet doors, section 1211.101 of the November 2013 plywood manufacturers in the United prefinished or engineered flooring, proposed rule to define the term States annually. This number represents pallets, or dimension or glued ‘‘hardwood lumber products.’’ This separate business entities and includes components for cabinets or furniture. definition would be linked to a grade exempted and assessed entities under The term hardwood lumber value-added standard defined in the National the Order; one business entity may products was inadvertently omitted Hardwood Lumber Association Rules include multiple sawmills. It is from the November 2013 referendum for the Inspection of Hardwood & estimated that 85 to 90 percent of the procedures. Cypress. This standard is discussed in manufacturers are small businesses. more detail in the Hardwood lumber Kiln Dried (KD) In this document, USDA is proposing products section elsewhere in this to amend the November 2013 proposed document and is available online. tkelley on DSK3SPTVN1PROD with PROPOSALS USDA is proposing to add a new rule regarding referendum procedures to definition to section 1211.101 of the While the proposal set forth below determine whether issuance of a November 2013 proposed referendum has not received the approval of USDA, proposed Order for hardwood lumber procedures to define the term ‘‘kiln it is determined that the proposed and hardwood plywood is favored by a dried (KD)’’ to mean hardwood lumber referendum procedures, and the that has been seasoned in a kiln by 1 The complete Regulatory Flexibility Act revisions proposed herein, are means of artificial heat, humidity and Analysis appears in the proposed rule at 78 FR consistent with and would effectuate circulation. The term kiln dried was 67980. the purposes of the 1996 Act. VerDate Sep<11>2014 17:11 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\09JNP1.SGM 09JNP1

Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Proposed Rules 32491 A 30-day comment period is provided § 1211.101 Definitions. with the approval of the Director of the to allow interested persons to respond For the purposes of this subpart: Federal Register in accordance with 5 to this proposal. Thirty-days is deemed Administrator means the U.S.C. 552(a) and 1 CFR part 51. Any appropriate because this proposal Administrator of the Agricultural subsequent amendment to the standard supplements a November 2013 Marketing Service, with power to by the standard-setting organization will proposed rule regarding referendum delegate, or any officer or employee of not affect the USDA standard unless and procedures applicable to a proposed the U.S. Department of Agriculture to until amended by USDA. Material is national promotion program for whom authority has been delegated or incorporated as it exists on the date of hardwood lumber and plywood. All may hereafter be delegated to act in the approval and a notice of any change in written comments received in response Administrator’s stead. the material will be published in the to this proposed rule by the date Covered hardwood means hardwood Federal Register. All approved material specified will be considered prior to lumber, hardwood lumber products, can be obtained from National finalizing this action. hardwood value-added lumber Hardwood Lumber Association, P.O. The entire proposed referendum products, and hardwood plywood to Box 34518, Memphis, TN 38184; phone procedures are published for ease of which an assessment has been or may (901) 377–1818; http://www.nhla.com/. reference. be levied pursuant to the Order. It is available for inspection at the Department or USDA means the U.S. Promotion and Economics Division, List of Subjects in 7 CFR Part 1211 Department of Agriculture or any officer Fruit and Vegetable Program, AMS, Administrative practice and or employee of the Department to whom USDA, 1400 Independence Avenue procedure, Advertising, Consumer authority has heretofore been delegated, SW., Room 1406–S, Stop 0244, information, Marketing agreements, or to whom authority may hereafter be Washington, DC 20250–0244; facsimile: Hardwood lumber, Hardwood plywood, delegated, to act in the Secretary’s stead. (202) 205–2800, and is available from Incorporation by reference, Promotion, Eligible hardwood lumber and the sources listed below. It is also Reporting and recordkeeping hardwood plywood manufacturer means available for inspection at the National requirements. any current hardwood lumber Archives and Records Administration For the reasons set forth in the manufacturer with annual sales of $2 (NARA). For information on the preamble, it is proposed that Title 7, million or more and current hardwood availability of this material at NARA, Chapter XI of the Code of Federal plywood manufacturers with annual call (202) 741–6030 or go to http:// Regulations, as proposed to be amended sales of $10 million or more during the www.archives.gov/federal_register/ on November 13, 2013 (78 FR 67979) representative period. code_of_federal_regulations/ibr_ and elsewhere in this issue of the Green air dried (G/AD) means green locations.html. Federal Register, be further amended as hardwood lumber or hardwood lumber (2) [Reserved] follows: that has been dried by exposure to air in a yard or shed, without artificial heat. Hardwood lumber value-added Green (G) hardwood lumber means products means products which remain PART 1211—HARDWOOD LUMBER in the general shape of hardwood AND HARDWOOD PLYWOOD hardwood lumber that has not been kiln dried or air dried. lumber boards, but have undergone PROMOTION, RESEARCH AND additional processing beyond surfacing INFORMATION ORDER Hardwood lumber means timber from the wood of a cypress tree or a or cutting to a particular size. Hardwood ■ 1. The authority citation for 7 CFR deciduous, broad-leafed tree (including lumber value-added products include part 1211 continues to read as follows: but not limited to aspen, birch, cypress, products such as solid wood unfinished poplar, yellow poplar, maple, cherry, strip flooring, all-sides surfaced boards, Authority: 7 U.S.C. 7411–7425; 7 U.S.C. finger-jointed strips ripped to width, 7401. walnut, and oak) grown in the United States that that has been sawn into and moldings. For purposes of this ■ 2. Subpart B of 7 CFR part 1211 is boards or blocks by a sawmill in the Order, hardwood lumber value-added added to read as follows: United States. products does not include industrial Subpart B—Referendum Procedures Hardwood lumber products means products which remain in board or hardwood G/AD/KD lumber that has block form such as ties, cants, crane mat Sec. 1211.100 General. been transformed into products that material, and pallet stock or products 1211.101 Definitions. remain boards meeting or exceeding the which are transformed from boards or 1211.102 Voting. level of ‘‘Grade 3A Common’’ as defined blocks of lumber into other products, 1211.103 Instructions. by National Hardwood Lumber such as furniture, tight cooperage, 1211.104 Subagents. Association Rules for the Inspection of cabinetry, and constructed pallets. 1211.105 Ballots. Hardwood & Cypress effective January Further, it does not include multi- 1211.106 Referendum report. 1, 2015 (http://nhla.com/rulesbook), or component or further manufactured 1211.107 Confidential information. products such as furniture, cabinets, 1211.108 OMB Control number. equivalent proprietary standard, as recommended by the Board and cabinet doors, prefinished or engineered Subpart B—Referendum Procedures approved by the Secretary. For purposes flooring, pallets, or dimension or glued of this Order, hardwood lumber does components for cabinets or furniture. § 1211.100 General. not include industrial products which Hardwood plywood means a panel Referenda to determine whether remain in board or block form such as product, the decorative face of which is tkelley on DSK3SPTVN1PROD with PROPOSALS eligible hardwood lumber and ties, cants, crane mat material, and made from hardwood veneer intended hardwood plywood manufacturers favor pallet stock or products which are for interior use composed of an the issuance, continuance, amendment, transformed from boards or blocks of assembly of layers or plies of veneer or suspension, or termination of the lumber into other products such as veneers in combination with lumber Hardwood Lumber and Hardwood furniture, tight cooperage, cabinetry, core, particleboard, medium density Plywood Promotion, Research and and constructed pallets. fiberboard core, hardboard core, or Information Order shall be conducted in (1) The following standard is special core or special back material accordance with this subpart. incorporated by reference into this part joined with an adhesive. 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32492 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Proposed Rules Kiln dried (KD) means hardwood voting in a referendum shall certify that performing such agent’s functions of lumber that has been seasoned in a kiln such individual is an officer or this subpart. Each individual so by means of artificial heat, humidity employee of the eligible entity, or an appointed may be authorized by the and circulation. administrator, executive, or trustee of an agent to perform any or all of the Manufacturing means the process of eligible entity and that such individual functions which, in the absence of such transforming logs into hardwood has the authority to take such action. appointment, shall be performed by the lumber, or the process of creating Upon request of the referendum agent, agent. hardwood lumber products, value- the individual shall submit adequate added hardwood lumber products, or evidence of such authority. § 1211.105 Ballots. hardwood plywood. (c) A single entity who manufactures Order means the Hardwood Lumber The referendum agent and subagents covered hardwood lumber may cast one and Hardwood Plywood Promotion, shall accept all ballots cast. However, if vote in the referendum. Research and Information Order. (d) All ballots are to be cast by mail an agent or subagent deems that a ballot Person means any individual, group or other means, as instructed by the should be challenged for any reason, the of individuals, partnership, corporation, Department. agent or subagent shall endorse above association, cooperative, or any other their signature, on the ballot, a legal entity. For the purpose of this § 1211.103 Instructions. statement to the effect that such ballot definition, the term ‘‘partnership’’ The referendum agent shall conduct was challenged, by whom challenged, includes, but is not limited to: the referendum, in the manner provided the reasons therefore, the results of any (a) A spouse who has title to, or in this subpart, under the supervision of investigations made with respect leasehold interest in, a hardwood the Administrator. The Administrator thereto, and the disposition thereof. lumber manufacturing entity as tenants may prescribe additional instructions, Ballots invalid under this subpart shall in common, joint tenants, tenants by the consistent with the provisions of this not be counted. entirety, or, under community property subpart, to govern the procedure to be laws, as community property; and followed by the referendum agent. Such § 1211.106 Referendum report. (b) So called ‘‘joint ventures’’ wherein agent shall: Except as otherwise directed, the one or more parties to an agreement, (a) Determine the period during referendum agent shall prepare and informal or otherwise, contributed land, which ballots may be cast; (b) Provide ballots and related submit to the Administrator a report on facilities, capital, labor, management, material to be used in the referendum. the results of the referendum, the equipment, or other services, or any variation of such contributions by two The ballot shall provide for recording manner in which it was conducted, the or more parties, so that it results in the essential information, including that extent and kind of public notice given, manufacturing of covered hardwood needed for ascertaining whether the and other information pertinent to the lumber and the authority to transfer title person voting, or on whose behalf the analysis of the referendum and its to the hardwood lumber so vote is cast, is an eligible voter; results. manufactured. (c) Give reasonable public notice of § 1211.107 Confidential information. Referendum agent or agent means the the referendum: individual or individuals designated by (1) By using available media or public The ballots and other information or the Secretary to conduct the information sources, without incurring reports that reveal, or tend to reveal, the referendum. advertising expense, to publicize the vote of any person covered under the Representative period means the dates, places, method of voting, Order and the voter list shall be strictly period designated by the Department. eligibility requirements, and other confidential and shall not be disclosed. United States means collectively the pertinent information. Such sources of 50 states, the District of Columbia, the publicity may include, but are not § 1211.108 OMB control number. Commonwealth of Puerto Rico, and the limited to, print and radio; and The control number assigned to the territories and possessions of the United (2) By such other means as the agent information collection requirement in States. may deem advisable. (d) Mail to eligible manufacturers this subpart by the Office of § 1211.102 Voting. whose names and addresses are known Management and Budget pursuant to the (a) Each eligible manufacturer of to the referendum agent, the Paperwork Reduction Act of 1995, 44 covered hardwood lumber shall be instructions on voting, a ballot, and a U.S.C. is OMB control number 0581– entitled to cast only one ballot in the summary of the terms and conditions of NEW. referendum. However, each the proposed Order. No person who Dated: June 1, 2015. manufacturer in a landlord/tenant claims to be eligible to vote shall be Rex A. Barnes, relationship or a divided ownership refused a ballot; arrangement involving totally Associate Administrator. (e) At the end of the voting period, independent entities cooperating only to [FR Doc. 2015–13646 Filed 6–8–15; 8:45 am] collect, open, number, and review the manufacture covered hardwood lumber, ballots and tabulate the results in the BILLING CODE 3410–02–P in which more than one of the parties presence of an agent of a third party is a manufacturer, shall be entitled to authorized to monitor the referendum cast one ballot in the referendum process; tkelley on DSK3SPTVN1PROD with PROPOSALS covering only such manufacturer’s share (f) Prepare a report on the referendum; of ownership. and (b) Proxy voting is not authorized, but (g) Announce the results to the public. an officer or employee of an eligible corporate manufacturer, or an § 1211.104 Subagents. administrator, executor or trustee of an The referendum agent may appoint eligible entity may cast a ballot on any individual or individuals necessary behalf of such entity. Any individual so or desirable to assist the agent in VerDate Sep<11>2014 17:11 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 9990 E:\FR\FM\09JNP1.SGM 09JNP1


Document Created: 2015-12-15 15:25:42
Document Modified: 2015-12-15 15:25:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; supplemental notice of proposed rulemaking.
DatesComments must be received by July 9, 2015.
ContactPatricia A. Petrella, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (301) 334-2891; facsimile (301) 334-2896; or electronic mail: [email protected]
FR Citation80 FR 32488 
RIN Number0581-AD24
CFR AssociatedAdministrative Practice and Procedure; Advertising; Consumer Information; Marketing Agreements; Hardwood Lumber; Hardwood Plywood; Incorporation by Reference; Promotion and Reporting and Recordkeeping Requirements
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