Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Termination of Rulemaking Proceeding, 65972-65973 [2015-27448]

Download as PDF 65972 Proposed Rules Federal Register Vol. 80, No. 208 Wednesday, October 28, 2015 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. 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: Preliminary Statement Agricultural Marketing Service, USDA. ACTION: Termination of proceeding. 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. SUMMARY: 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– Lhorne on DSK5TPTVN1PROD with PROPOSALS DATES: VerDate Sep<11>2014 15:06 Oct 27, 2015 Jkt 238001 2891, Fax: (301) 334–2896, or Email: Patricia.Petrella@ams.usda.gov. 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). 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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. E:\FR\FM\28OCP1.SGM 28OCP1 Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Proposed Rules 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 SECURITIES AND EXCHANGE COMMISSION 17 CFR Chapter II [Release Nos. 33–9965, 34–76240, 39–2507, IC–31879, IA–4238; File No. S7–21–15] List of Rules To Be Reviewed Pursuant to the Regulatory Flexibility Act Securities and Exchange Commission. ACTION: Publication of list of rules scheduled for review. AGENCY: The Securities and Exchange Commission is publishing a list of rules to be reviewed pursuant to Section 610 of the Regulatory Flexibility Act. The list is published to provide the public with notice that these rules are scheduled for review by the agency and to invite public comment on whether the rules should be continued without change, or should be amended or rescinded to minimize any significant economic impact of the rules upon a substantial number of such small entities. SUMMARY: Comments should be submitted by November 27, 2015. ADDRESSES: Comments may be submitted by any of the following methods: DATES: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/other.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number [S7–21–15] on the subject line; or • Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments. Lhorne on DSK5TPTVN1PROD with PROPOSALS Paper Comments • Send paper comments to Brent Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File No. S7–21–15. This file number should be included on the subject line if email is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (http:// www.sec.gov/rules/other.shtml). VerDate Sep<11>2014 15:06 Oct 27, 2015 Jkt 238001 Comments also are available for Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Anne Sullivan, Office of the General Counsel, 202–551–5019. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (‘‘RFA’’), codified at 5 U.S.C. 600–611, requires an agency to review its rules that have a significant economic impact upon a substantial number of small entities within ten years of the publication of such rules as final rules. 5 U.S.C. 610(a). The purpose of the review is ‘‘to determine whether such rules should be continued without change, or should be amended or rescinded . . . to minimize any significant economic impact of the rules upon a substantial number of such small entities.’’ 5 U.S.C. 610(a). The RFA sets forth specific considerations that must be addressed in the review of each rule: • The continued need for the rule; • The nature of complaints or comments received concerning the rule from the public; • The complexity of the rule; • The extent to which the rule overlaps, duplicates or conflicts with other federal rules, and, to the extent feasible, with state and local governmental rules; and • The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. 5 U.S.C. 610(c). The Securities and Exchange Commission, as a matter of policy, reviews all final rules that it published for notice and comment to assess not only their continued compliance with the RFA, but also to assess generally their continued utility. When the Commission implemented the Act in 1980, it stated that it ‘‘intend[ed] to conduct a broader review [than that required by the RFA], with a view to identifying those rules in need of modification or even rescission.’’ Securities Act Release No. 6302 (Mar. 20, 1981), 46 FR 19251 (Mar. 30, 1981). The list below is therefore broader than that required by the RFA, and may include rules that do not have a significant economic impact on a substantial number of small entities. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 65973 Where the Commission has previously made a determination of a rule’s impact on small businesses, the determination is noted on the list. The Commission particularly solicits public comment on whether the rules listed below affect small businesses in new or different ways than when they were first adopted. The rules and forms listed below are scheduled for review by staff of the Commission during the next 12 months. The list includes 21 rules adopted by the Commission in 2004. Title: Shareholder Reports and Quarterly Portfolio Disclosure of Registered Management Investment Companies. Citation: 17 CFR 270.30b1–5; 17 CFR 270.30a–2; 17 CFR 270.30a–3; 17 CFR 270.30d–1; 17 CFR 249.331; 17 CFR 249.332; 17 CFR 239.14; 17 CFR 239.15A; 17 CFR 239.17; 17 CFR 274.11A; 17 CFR 274.11a–1; 17 CFR 274.11b; 17 CFR 274.130; 17 CFR 274.128; 17 CFR 210.6; and 17 CFR 210.12. Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, 77s(a), and 77z–3; 78j(b), 78l, 78m, 78o(d), 78w(a), and 78mm; 80a– 6(c), 80a–8, 80a–24, 80a–24(a), 80a–29, 80a–30, and 80a–37. Description: The amendments require open-end management investment companies to disclose fund expenses borne by shareholders during the reporting period in reports to shareholders; permit a management investment company registered under the Investment Company Act to include a summary portfolio schedule in its reports to shareholders; exempt money market funds from including a portfolio schedule in reports to shareholders provided that the complete portfolio schedule is filed with the Commission on Form N–CSR and is provided to shareholders free of charge; require reports to shareholders by funds to include a tabular or graphic presentation of a fund’s portfolio holdings by identifiable categories; require a fund to file its complete portfolio schedule as of the end of its first and third fiscal quarters with the Commission on new Form N–Q and certified by the fund’s principal executive and financial officers; and require a mutual fund to include Management’s Discussion of Fund Performance in its annual report to shareholders. Prior Commission Determination Under 5 U.S.C. 601: A Final Regulatory Flexibility Analysis was prepared in accordance with 5 U.S.C. 604 in conjunction with the Commission’s adoption of Release No. 33–8393 (Feb. 27, 2004). The Commission considered comments received on the proposing E:\FR\FM\28OCP1.SGM 28OCP1

Agencies

[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Proposed Rules]
[Pages 65972-65973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 
Patricia.Petrella@ams.usda.gov.

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