80_FR_66180 80 FR 65972 - Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Termination of Rulemaking Proceeding

80 FR 65972 - Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Termination of Rulemaking Proceeding

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 208 (October 28, 2015)

Page Range65972-65973
FR Document2015-27448

This action terminates a rulemaking proceeding that proposed to establish a Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order (Order) under authority in the Commodity Promotion, Research and Information Act of 1996 (1996 Act). The Order was proposed by the proponent group, the Blue Ribbon Committee (BRC), and would have authorized a national research and promotion program for hardwood lumber and hardwood plywood. USDA issued a supplemental notice of proposed rulemaking in response to the extensive comments received. Based on comments received, outstanding substantive questions and significant proposed modifications from stakeholders, USDA is terminating the proceeding. Termination of this proceeding will remove ex parte communication prohibitions and allow USDA to engage fully with all interested parties to discuss and consider the evolving needs of the industry going forward.

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Proposed Rules]
[Pages 65972-65973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27448]


========================================================================
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.

========================================================================


Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / 
Proposed Rules

[[Page 65972]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1211

[Doc. No. AMS-FV-11-0074; PR-A1, A2, B and B2]


Hardwood Lumber and Hardwood Plywood Promotion, Research and 
Information Order; Termination of Rulemaking Proceeding

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Termination of proceeding.

-----------------------------------------------------------------------

SUMMARY: This action terminates a rulemaking proceeding that proposed 
to establish a Hardwood Lumber and Hardwood Plywood Promotion, Research 
and Information Order (Order) under authority in the Commodity 
Promotion, Research and Information Act of 1996 (1996 Act). The Order 
was proposed by the proponent group, the Blue Ribbon Committee (BRC), 
and would have authorized a national research and promotion program for 
hardwood lumber and hardwood plywood. USDA issued a supplemental notice 
of proposed rulemaking in response to the extensive comments received. 
Based on comments received, outstanding substantive questions and 
significant proposed modifications from stakeholders, USDA is 
terminating the proceeding. Termination of this proceeding will remove 
ex parte communication prohibitions and allow USDA to engage fully with 
all interested parties to discuss and consider the evolving needs of 
the industry going forward.

DATES: This termination is made on October 29, 2015.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella, Promotion and 
Economics Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-
0244; Telephone: (301) 334-2891, Fax: (301) 334-2896, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding include: 
A proposed rule published in the Federal Register on November 13, 2013 
(78 FR 68298), which provided a 60-day comment period that ended on 
January 13, 2014. On January 16, 2014, a notice was published in the 
Federal Register that reopened and extended the comment period until 
February 18, 2014 (79 FR 2805). A supplemental notice of proposed 
rulemaking was published in the Federal Register on June 9, 2015 (80 FR 
32493). On July 1, 2015, a notice was published in the Federal Register 
that extended the comment period until September 7, 2015 (80 FR 37555).

Preliminary Statement

    In June 2011, USDA received a proposal for a national research and 
promotion program for hardwood lumber and hardwood plywood from the 
BRC. The BRC is a committee of 14 hardwood lumber and hardwood plywood 
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 proposed rule was published in the Federal Register on November 
13, 2013, which provided a 60-day comment period that ended on January 
13, 2014. On January 16, 2014, a notice was published in the Federal 
Register that reopened and extended the comment period until February 
18, 2014. In response to the proposed rule, USDA received over 900 
comments; a significant majority of the comments opposed the proposed 
program. In order to address the voluminous comments, USDA issued a 
supplemental notice of proposed rulemaking on June 9, 2015, which 
reopened the comment period only with respect to specific issues. The 
comment period was extended until September 7, 2015, by a notice in the 
Federal Register on July 1, 2015. In response to the supplemental 
notice, USDA received over 300 comments; a majority of the comments 
continued to oppose the program. Based on all the comments received, 
outstanding substantive questions and significant proposed 
modifications to the proposed program from stakeholders, USDA is 
terminating the proceeding. This action also terminates the proposed 
rules on the referendum procedures.
    Termination of this proceeding will remove ex parte communication 
prohibitions and allow USDA to engage fully with all interested parties 
to discuss and consider the evolving needs of the industry going 
forward. Based on the above, USDA is terminating this rulemaking 
proceeding.

Regulatory Flexibility Act and Paperwork Reduction Act

    As part of the proceeding conducted for this rulemaking, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601-612) and the 
Paperwork Reduction Act of 1955 (Pub. L. 104-13) were considered. 
Because this action terminates the underlying rulemaking proceeding, 
the economic conditions of small entities are not changed as a result 
of this action, nor have any compliance requirements changed. Also, 
this action does not provide for any new or changed reporting and 
recordkeeping requirements. Accordingly, all supporting forms for the 
proposed program will be withdrawn.

Termination of Proceeding

    In view of the foregoing, it is hereby determined that the 
proceeding proposing a national research and promotion program for 
hardwood lumber and hardwood plywood should be and is hereby 
terminated.

List of Subjects in 7 CFR Part 1211

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Hardwood lumber promotion, Hardwood 
plywood promotion, Reporting and recordkeeping requirements.

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


[[Page 65973]]


    Dated: October 23, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-27448 Filed 10-27-15; 8:45 am]
BILLING CODE 3410-02-P



                                               65972

                                               Proposed Rules                                                                                                Federal Register
                                                                                                                                                             Vol. 80, No. 208

                                                                                                                                                             Wednesday, October 28, 2015



                                               This section of the FEDERAL REGISTER                    2891, Fax: (301) 334–2896, or Email:                  Federal Register on July 1, 2015. In
                                               contains notices to the public of the proposed          Patricia.Petrella@ams.usda.gov.                       response to the supplemental notice,
                                               issuance of rules and regulations. The                  SUPPLEMENTARY INFORMATION: Prior                      USDA received over 300 comments; a
                                               purpose of these notices is to give interested
                                                                                                       documents in this proceeding include:                 majority of the comments continued to
                                               persons an opportunity to participate in the
                                               rule making prior to the adoption of the final          A proposed rule published in the                      oppose the program. Based on all the
                                               rules.                                                  Federal Register on November 13, 2013                 comments received, outstanding
                                                                                                       (78 FR 68298), which provided a 60-day                substantive questions and significant
                                                                                                       comment period that ended on January                  proposed modifications to the proposed
                                               DEPARTMENT OF AGRICULTURE                               13, 2014. On January 16, 2014, a notice               program from stakeholders, USDA is
                                                                                                       was published in the Federal Register                 terminating the proceeding. This action
                                               Agricultural Marketing Service                          that reopened and extended the                        also terminates the proposed rules on
                                                                                                       comment period until February 18, 2014                the referendum procedures.
                                               7 CFR Part 1211                                         (79 FR 2805). A supplemental notice of
                                                                                                       proposed rulemaking was published in                    Termination of this proceeding will
                                               [Doc. No. AMS–FV–11–0074; PR–A1, A2, B                  the Federal Register on June 9, 2015 (80              remove ex parte communication
                                               and B2]                                                 FR 32493). On July 1, 2015, a notice was              prohibitions and allow USDA to engage
                                                                                                       published in the Federal Register that                fully with all interested parties to
                                               Hardwood Lumber and Hardwood                            extended the comment period until                     discuss and consider the evolving needs
                                               Plywood Promotion, Research and                         September 7, 2015 (80 FR 37555).                      of the industry going forward. Based on
                                               Information Order; Termination of                                                                             the above, USDA is terminating this
                                               Rulemaking Proceeding                                   Preliminary Statement                                 rulemaking proceeding.
                                               AGENCY:    Agricultural Marketing Service,                 In June 2011, USDA received a
                                                                                                       proposal for a national research and                  Regulatory Flexibility Act and
                                               USDA.                                                                                                         Paperwork Reduction Act
                                                                                                       promotion program for hardwood
                                               ACTION: Termination of proceeding.                      lumber and hardwood plywood from                        As part of the proceeding conducted
                                               SUMMARY:   This action terminates a                     the BRC. The BRC is a committee of 14                 for this rulemaking, the provisions of
                                               rulemaking proceeding that proposed to                  hardwood lumber and hardwood                          the Regulatory Flexibility Act (5 U.S.C.
                                               establish a Hardwood Lumber and                         plywood industry leaders representing
                                                                                                                                                             601–612) and the Paperwork Reduction
                                               Hardwood Plywood Promotion,                             small and large manufacturers
                                                                                                                                                             Act of 1955 (Pub. L. 104–13) were
                                               Research and Information Order (Order)                  geographically distributed throughout
                                                                                                                                                             considered. Because this action
                                               under authority in the Commodity                        the United States.
                                                                                                          The BRC proposed a program that                    terminates the underlying rulemaking
                                               Promotion, Research and Information                                                                           proceeding, the economic conditions of
                                               Act of 1996 (1996 Act). The Order was                   would be financed by an assessment on
                                                                                                       hardwood lumber and hardwood                          small entities are not changed as a result
                                               proposed by the proponent group, the                                                                          of this action, nor have any compliance
                                               Blue Ribbon Committee (BRC), and                        plywood manufacturers and
                                                                                                       administered by a board of industry                   requirements changed. Also, this action
                                               would have authorized a national                                                                              does not provide for any new or
                                               research and promotion program for                      members selected by the Secretary. The
                                                                                                       purpose of the program would be to                    changed reporting and recordkeeping
                                               hardwood lumber and hardwood
                                                                                                       strengthen the position of hardwood                   requirements. Accordingly, all
                                               plywood. USDA issued a supplemental
                                                                                                       lumber and hardwood plywood in the                    supporting forms for the proposed
                                               notice of proposed rulemaking in
                                               response to the extensive comments                      marketplace and maintain and expand                   program will be withdrawn.
                                               received. Based on comments received,                   markets for hardwood lumber and
                                                                                                                                                             Termination of Proceeding
                                               outstanding substantive questions and                   hardwood plywood.
                                               significant proposed modifications from                    A proposed rule was published in the                 In view of the foregoing, it is hereby
                                               stakeholders, USDA is terminating the                   Federal Register on November 13, 2013,                determined that the proceeding
                                               proceeding. Termination of this                         which provided a 60-day comment                       proposing a national research and
                                               proceeding will remove ex parte                         period that ended on January 13, 2014.                promotion program for hardwood
                                               communication prohibitions and allow                    On January 16, 2014, a notice was                     lumber and hardwood plywood should
                                               USDA to engage fully with all interested                published in the Federal Register that
                                                                                                                                                             be and is hereby terminated.
                                               parties to discuss and consider the                     reopened and extended the comment
                                               evolving needs of the industry going                    period until February 18, 2014. In                    List of Subjects in 7 CFR Part 1211
                                               forward.                                                response to the proposed rule, USDA
                                                                                                       received over 900 comments; a                           Administrative practice and
                                               DATES:  This termination is made on                     significant majority of the comments                  procedure, Advertising, Consumer
                                               October 29, 2015.
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                                                                                       opposed the proposed program. In order                information, Marketing agreements,
                                               FOR FURTHER INFORMATION CONTACT:                        to address the voluminous comments,                   Hardwood lumber promotion,
                                               Patricia A. Petrella, Promotion and                     USDA issued a supplemental notice of                  Hardwood plywood promotion,
                                               Economics Division, Specialty Crops                     proposed rulemaking on June 9, 2015,                  Reporting and recordkeeping
                                               Program, AMS, USDA, 1400                                which reopened the comment period                     requirements.
                                               Independence Avenue SW., Room                           only with respect to specific issues. The               Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
                                               1406–S, Stop 0244, Washington, DC                       comment period was extended until                     7401.
                                               20250–0244; Telephone: (301) 334–                       September 7, 2015, by a notice in the


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                                                                   Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Proposed Rules                                         65973

                                                 Dated: October 23, 2015.                              Comments also are available for Web                   Where the Commission has previously
                                               Rex A. Barnes,                                          site viewing and printing in the                      made a determination of a rule’s impact
                                               Associate Administrator, Agricultural                   Commission’s Public Reference Room,                   on small businesses, the determination
                                               Marketing Service.                                      100 F Street NE., Washington, DC 20549                is noted on the list.
                                               [FR Doc. 2015–27448 Filed 10–27–15; 8:45 am]            on official business days between the                    The Commission particularly solicits
                                               BILLING CODE 3410–02–P                                  hours of 10:00 a.m. and 3:00 p.m. All                 public comment on whether the rules
                                                                                                       comments received will be posted                      listed below affect small businesses in
                                                                                                       without change; we do not edit personal               new or different ways than when they
                                               SECURITIES AND EXCHANGE                                 identifying information from                          were first adopted. The rules and forms
                                                                                                       submissions. You should submit only                   listed below are scheduled for review by
                                               COMMISSION
                                                                                                       information that you wish to make                     staff of the Commission during the next
                                               17 CFR Chapter II                                       available publicly.                                   12 months. The list includes 21 rules
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      adopted by the Commission in 2004.
                                               [Release Nos. 33–9965, 34–76240, 39–2507,                                                                        Title: Shareholder Reports and
                                               IC–31879, IA–4238; File No. S7–21–15]                   Anne Sullivan, Office of the General
                                                                                                                                                             Quarterly Portfolio Disclosure of
                                                                                                       Counsel, 202–551–5019.
                                                                                                                                                             Registered Management Investment
                                               List of Rules To Be Reviewed Pursuant                   SUPPLEMENTARY INFORMATION: The                        Companies.
                                               to the Regulatory Flexibility Act                       Regulatory Flexibility Act (‘‘RFA’’),                    Citation: 17 CFR 270.30b1–5; 17 CFR
                                                                                                       codified at 5 U.S.C. 600–611, requires                270.30a–2; 17 CFR 270.30a–3; 17 CFR
                                               AGENCY:  Securities and Exchange
                                                                                                       an agency to review its rules that have               270.30d–1; 17 CFR 249.331; 17 CFR
                                               Commission.
                                                                                                       a significant economic impact upon a                  249.332; 17 CFR 239.14; 17 CFR
                                               ACTION: Publication of list of rules                    substantial number of small entities
                                               scheduled for review.                                                                                         239.15A; 17 CFR 239.17; 17 CFR
                                                                                                       within ten years of the publication of                274.11A; 17 CFR 274.11a–1; 17 CFR
                                               SUMMARY:    The Securities and Exchange                 such rules as final rules. 5 U.S.C. 610(a).           274.11b; 17 CFR 274.130; 17 CFR
                                               Commission is publishing a list of rules                The purpose of the review is ‘‘to                     274.128; 17 CFR 210.6; and 17 CFR
                                               to be reviewed pursuant to Section 610                  determine whether such rules should be                210.12.
                                               of the Regulatory Flexibility Act. The                  continued without change, or should be                   Authority: 15 U.S.C. 77e, 77f, 77g,
                                               list is published to provide the public                 amended or rescinded . . . to minimize                77h, 77j, 77s(a), and 77z–3; 78j(b), 78l,
                                               with notice that these rules are                        any significant economic impact of the                78m, 78o(d), 78w(a), and 78mm; 80a–
                                               scheduled for review by the agency and                  rules upon a substantial number of such               6(c), 80a–8, 80a–24, 80a–24(a), 80a–29,
                                               to invite public comment on whether                     small entities.’’ 5 U.S.C. 610(a). The                80a–30, and 80a–37.
                                               the rules should be continued without                   RFA sets forth specific considerations                   Description: The amendments require
                                               change, or should be amended or                         that must be addressed in the review of               open-end management investment
                                               rescinded to minimize any significant                   each rule:                                            companies to disclose fund expenses
                                               economic impact of the rules upon a                        • The continued need for the rule;                 borne by shareholders during the
                                               substantial number of such small                           • The nature of complaints or                      reporting period in reports to
                                               entities.                                               comments received concerning the rule                 shareholders; permit a management
                                                                                                       from the public;                                      investment company registered under
                                               DATES:Comments should be submitted                         • The complexity of the rule;                      the Investment Company Act to include
                                               by November 27, 2015.                                      • The extent to which the rule                     a summary portfolio schedule in its
                                               ADDRESSES: Comments may be                              overlaps, duplicates or conflicts with                reports to shareholders; exempt money
                                               submitted by any of the following                       other federal rules, and, to the extent               market funds from including a portfolio
                                               methods:                                                feasible, with state and local                        schedule in reports to shareholders
                                                                                                       governmental rules; and                               provided that the complete portfolio
                                               Electronic Comments
                                                                                                          • The length of time since the rule                schedule is filed with the Commission
                                                 • Use the Commission’s Internet                       has been evaluated or the degree to                   on Form N–CSR and is provided to
                                               comment form (http://www.sec.gov/                       which technology, economic conditions,                shareholders free of charge; require
                                               rules/other.shtml); or                                  or other factors have changed in the area             reports to shareholders by funds to
                                                 • Send an email to rule-comments@                     affected by the rule. 5 U.S.C. 610(c).                include a tabular or graphic
                                               sec.gov. Please include File Number                        The Securities and Exchange                        presentation of a fund’s portfolio
                                               [S7–21–15] on the subject line; or                      Commission, as a matter of policy,                    holdings by identifiable categories;
                                                 • Use the Federal eRulemaking Portal                  reviews all final rules that it published             require a fund to file its complete
                                               (http://www.regulations.gov). Follow the                for notice and comment to assess not                  portfolio schedule as of the end of its
                                               instructions for submitting comments.                   only their continued compliance with                  first and third fiscal quarters with the
                                               Paper Comments                                          the RFA, but also to assess generally                 Commission on new Form N–Q and
                                                                                                       their continued utility. When the                     certified by the fund’s principal
                                                 • Send paper comments to Brent                        Commission implemented the Act in                     executive and financial officers; and
                                               Fields, Secretary, Securities and                       1980, it stated that it ‘‘intend[ed] to               require a mutual fund to include
                                               Exchange Commission, 100 F Street NE.,                  conduct a broader review [than that                   Management’s Discussion of Fund
                                               Washington, DC 20549–1090.                              required by the RFA], with a view to                  Performance in its annual report to
                                               All submissions should refer to File No.                identifying those rules in need of                    shareholders.
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               S7–21–15. This file number should be                    modification or even rescission.’’                       Prior Commission Determination
                                               included on the subject line if email is                Securities Act Release No. 6302 (Mar.                 Under 5 U.S.C. 601: A Final Regulatory
                                               used. To help us process and review                     20, 1981), 46 FR 19251 (Mar. 30, 1981).               Flexibility Analysis was prepared in
                                               your comments more efficiently, please                  The list below is therefore broader than              accordance with 5 U.S.C. 604 in
                                               use only one method. The Commission                     that required by the RFA, and may                     conjunction with the Commission’s
                                               will post all comments on the                           include rules that do not have a                      adoption of Release No. 33–8393 (Feb.
                                               Commission’s Internet Web site (http://                 significant economic impact on a                      27, 2004). The Commission considered
                                               www.sec.gov/rules/other.shtml).                         substantial number of small entities.                 comments received on the proposing


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Document Created: 2018-02-27 08:58:16
Document Modified: 2018-02-27 08:58:16
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
ActionTermination of proceeding.
DatesThis termination is made on October 29, 2015.
ContactPatricia A. Petrella, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250- 0244; Telephone: (301) 334-2891, Fax: (301) 334-2896, or Email: [email protected]
FR Citation80 FR 65972 
CFR AssociatedAdministrative Practice and Procedure; Advertising; Consumer Information; Marketing Agreements; Hardwood Lumber Promotion; Hardwood Plywood Promotion and Reporting and Recordkeeping Requirements

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