This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

64297 

Vol. 79, No. 209 

Wednesday, October 29, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1217 

[Document Number AMS–FV–12–0023] 

Softwood Lumber Research, 

Promotion, Consumer Education and 

Industry Information Order; Late 

Payment and Interest Charges on Past 

Due Assessments 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule prescribes late 

payment and interest charges on past 

due assessments under the Softwood 

Lumber Research, Promotion, Consumer 

Education and Industry Information 

Order (Order). The Order is 

administered by the Softwood Lumber 

Board (Board) with oversight by the U.S. 

Department of Agriculture (USDA). 

Under the Order, assessments are 

collected from U.S. manufacturers 

(domestic) and importers and used for 

projects to promote softwood lumber 

within the United States. Softwood 

lumber is used in products like flooring, 

siding and framing. This rule 

implements authority contained in the 

Order that allows the Board to collect 

late payment and interest charges on 

past due assessments. This action will 

contribute to effective administration of 

the program. 

DATES: Effective date: This rule is 

effective on January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Maureen T. Pello, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, P.O. Box 831, Beavercreek, 

Oregon, 97004; telephone: (503) 632– 

8848; facsimile (503) 632–8852; or 

electronic mail: Maureen.Pello@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Order. (7 CFR part 

1217). The Order is authorized under 

the Commodity Promotion, Research, 

and Information Act of 1996 (1996 Act) 

(7 U.S.C. 7411–7425). 

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, reducing costs, 

harmonizing rules and promoting 

flexibility. This action has been 

designated as a ‘‘non-significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

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 will not have substantial 

and direct effects on Tribal governments 

and will not have significant Tribal 

implications. 

Executive Order 12988 

This rule 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 

This rule prescribes late payment and 

interest charges on past due assessments 

under the Order. The Order is 

administered by the Board with 

oversight by USDA. Under the Order, 

assessments are collected from domestic 

manufacturers and importers and used 

for projects to promote softwood lumber 

within the United States. Softwood 

lumber is used in products like flooring, 

siding and framing. This rule 

implements authority contained in the 

Order and the 1996 Act that allows the 

Board to collect late payment and 

interest charges on past due 

assessments. This action was 

unanimously recommended by the 

Board and will contribute to effective 

administration of the program. 

Section 1217.52(a) of the Order 

specifies that the Board’s programs and 

expenses shall be paid by assessments 

on domestic manufacturers and 

importers and other income or funds 

available to the Board. Paragraph (l) of 

that section specifies further that when 

a domestic manufacturer or importer 

fails to pay their assessments within 60 

calendar days of when the assessment is 

due, the Board may impose a late 

payment charge and interest. The late 

payment and interest charges must be 

specified in regulations issued by the 

Secretary. All late assessments are 

subject to the late payment charge and 

interest. 

The softwood lumber program was 

promulgated in 2011. Assessment 

collection began in January 2012. 

Assessments on softwood lumber 

domestic shipments and imports are 

due to the Board 30 calendar days after 

the end of each quarter. For example, 

assessments for softwood lumber 

shipped domestically or imported 

during the months of January, February 


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64298 Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 

1Price data was obtained from Random Lengths 

Publications, Inc., and is a framing composite price 

that is designed as a broad measure of price 

movement in the lumber market 

(www.randomlengths.com). 

and March are due to the Board by April 

30. Entities that domestically ship or 

import less than 15 million board feet 

annually are exempt from assessment. 

Additionally, assessed entities do not 

pay assessments on their first 15 million 

board feet domestically shipped or 

imported per year. 

Assessment funds are used for 

promotion activities that are intended to 

benefit all industry members. Thus, it is 

important that all assessed entities pay 

their assessments in a timely manner. 

Entities who fail to pay their 

assessments on time would be able to 

reap the benefits of Board programs at 

the expense of others. In addition, they 

would be able to utilize funds for their 

own use that should otherwise be paid 

to the Board to finance Board programs. 

Board Recommendation 

Thus, the Board met on May 8, 2012, 

and unanimously recommended 

implementing the Order authority 

regarding late payment and interest 

charges. Specifically, the Board 

recommended that a late payment 

charge be imposed on any domestic 

manufacturer or importer who fails to 

make timely remittance to the Board of 

the total assessments for which such 

domestic manufacturer or importer is 

liable. Such late payment will be 

imposed on any assessments not 

received within 60 calendar days of the 

date they are due. This will be a onetime late payment charge equal to 10 

percent of the assessments due before 

interest charges have accrued. The 

Board also recommended that 11⁄2

percent per month interest on the 

outstanding balance, including any late 

payment and accrued interest, be added 

to any accounts for which payment has 

not been received within 60 calendar 

days after the assessments are due. Such 

interest will continue to accrue monthly 

until the outstanding balance is paid to 

the Board. 

This action is expected to help 

facilitate program administration by 

providing an incentive for entities to 

remit their assessments in a timely 

manner, with the intent of creating a fair 

and equitable process among all 

assessed entities. Accordingly, a new 

Subpart C will be added to the Order for 

rules and regulations, and a new section 

1217.520 will be added to Subpart C. 

Final 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 this rule on small entities. 

Accordingly, AMS has considered the 

economic impact of this action on small 

entities. 

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 

(domestic manufacturers and importers) 

as those having annual receipts of no 

more than $7.0 million. 

According to the Board, it is estimated 

that there are currently 385 domestic 

manufacturers of softwood lumber in 

the United States. This number 

represents separate business entities; 

one business entity may include 

multiple sawmills. Using an average 

price of $384 per thousand board feet,1

a domestic manufacturer who ships less 

than about 18 million board feet per 

year would be considered a small entity. 

Using 2013 data, it is estimated that 210 

domestic manufacturers, or 54 percent, 

ship less than 18 million board feet 

annually. 

Likewise, based on Customs and 

Board data, it is estimated there are 

currently 795 importers of softwood 

lumber. Using 2013 Customs data, about 

710 importers, or about 89 percent, 

import less than $7.0 million worth of 

softwood lumber annually. Thus, for 

purposes of the RFA, the majority of 

domestic manufacturers and importers 

of softwood lumber would be 

considered small entities. 

Regarding value of the commodity, 

with domestic production averaging 

about 40 billion board feet in 2013, and 

using an average price of $384 per 

thousand board feet, the average annual 

domestic value for softwood lumber is 

about $15.4 billion. According to 

Customs data, the average annual value 

for softwood lumber imports for 2013 is 

about $4.8 billion. 

This rule prescribes late payment and 

interest charges on past due assessments 

under the Order. The Order is 

administered by the Board with 

oversight by USDA. Under the Order, 

assessments are collected from domestic 

manufacturers and importers and used 

for projects to promote softwood lumber 

within the United States. Softwood 

lumber is used in products like flooring, 

siding and framing. This rule adds a 

new section 1217.520 that specifies a 

late payment charge of 10 percent of the 

assessments due and interest at a rate of 

11⁄2 percent per month on the 

outstanding balance, including any late 

payment and accrued interest. This 

section will be included in a new 

Subpart C—Rules and Regulations. This 

action was unanimously recommended 

by the Board and is authorized under 

section 1217.52(l) of the Order and 

section 517(e) of the 1996 Act. 

Regarding the economic impact of this 

rule on affected entities, this action 

imposes no costs on domestic 

manufacturers and importers who pay 

their assessments on time. It merely 

provides an incentive for entities to 

remit their assessments in a timely 

manner. For all entities who are 

delinquent in paying assessments, both 

large and small, the charges will be 

applied the same. As for the impact on 

the industry as a whole, this action will 

help facilitate program administration 

by providing an incentive for entities to 

remit their assessments in a timely 

manner, with the intent of creating a fair 

and equitable process among all 

assessed entities. 

Additionally, as previously 

mentioned, the Order provides for an 

exemption for entities that domestically 

ship or import less than 15 million 

board feet annually. It is estimated that, 

of the current 385 domestic 

manufacturers, 200, or 52 percent, ship 

less than 15 million board feet per year 

and are thus exempt from paying 

assessments under the Order. Of the 

current 795 importers, it is estimated 

that 730, or 92 percent, import less than 

15 million board feet per year and are 

also exempt from paying assessments. 

Thus, about 185 current domestic 

manufacturers and 65 current importers 

pay assessments under the Order. 

Regarding alternatives, one option to 

the action is to maintain the status quo 

and not prescribe late payment and 

interest charges for past due 

assessments. However, the Board 

determined that implementing such 

charges will help facilitate program 

administration by encouraging entities 

to pay their assessments in a timely 

manner. The Board reviewed rates of 

late payment and interest charges 

prescribed in other research and 

promotion programs and concluded that 

a 10 percent late payment charge and 

interest at a rate of 11⁄2 percent per 

month on the outstanding balance is 

appropriate. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

and recordkeeping requirements that are 

imposed by the Order have been 

approved previously under OMB 

control number 0581–0093. This rule 


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Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 64299 

results in no changes to the information 

collection and recordkeeping 

requirements previously approved and 

imposes no additional reporting and 

recordkeeping burden on domestic 

manufacturers and importers of 

softwood lumber. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

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. 

Regarding outreach efforts, this action 

was discussed by the Board at its first 

meeting held in November 2011 and at 

six committee meetings held via 

teleconference during the first six 

months of 2012. The Board met in May 

2012 and unanimously made its 

recommendation. All of the Board’s 

meetings, including meetings held via 

teleconference, are open to the public 

and interested persons are invited to 

participate and express their views. 

A proposed rule concerning this 

action was published in the Federal 

Register on May 13, 2014 (92 FR 27212). 

The Board distributed copies of the rule 

via email to domestic manufacturers 

and importers. Finally, the proposal was 

made available through the Internet by 

USDA and the Office of the Federal 

Register. A 60-day comment period 

ending July 14, 2014, was provided to 

allow interested persons to comment. 

No comments were received. 

After consideration of all relevant 

matters presented, including the 

information and recommendation 

submitted by the Board and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, is 

consistent with and will effectuate the 

purposes of the 1996 Act. 

List of Subjects in 7 CFR Part 1217 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Softwood Lumber promotion, Reporting 

and recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1217 is amended 

as follows: 

PART 1217—SOFTWOOD LUMBER 

RESEARCH, PROMOTION, 

CONSUMER EDUCATION AND 

INDUSTRY INFORMATION ORDER 

■ 1. The authority citation for 7 CFR 

part 1217 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

■ 2. Subpart C, consisting of § 1217.520, 

is added to read as follows: 

Subpart C—Rules and Regulations 

§ 1217.520 Late payment and interest 

charges for past due assessments. 

(a) A late payment charge shall be 

imposed on any domestic manufacturer 

or importer who fails to make timely 

remittance to the Board of the total 

assessments for which they are liable. 

The late payment will be imposed on 

any assessments not received within 60 

calendar days of the date they are due. 

This one-time late payment charge shall 

be 10 percent of the assessments due 

before interest charges have accrued. 

(b) In addition to the late payment 

charge, 11⁄2 percent per month interest 

on the outstanding balance, including 

any late payment and accrued interest, 

will be added to any accounts for which 

payment has not been received by the 

Board within 60 calendar days after the 

day assessments are due. Interest will 

continue to accrue monthly until the 

outstanding balance is paid to the 

Board. 

Dated: October 23, 2014. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2014–25657 Filed 10–28–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 103 

[CIS No. 2517–11; Docket No. USCIS–2012– 

0006] 

RIN 1615–AC01 

Notices of Decisions and Documents 

Evidencing Lawful Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The Department of Homeland 

Security (DHS) is amending its 

regulations governing when U.S. 

Citizenship and Immigration Services 

(USCIS) will issue correspondence, 

notices of decisions, and documents 

evidencing lawful status in the United 

States to an applicant, petitioner, 

attorney, or accredited representative. 

Specifically, this final rule explains how 

USCIS will issue requests, notices, 

cards, and original documents to 

applicants, petitioners, and their 

attorneys or accredited representatives 

of record. This final rule also amends 

the regulations to allow represented 

applicants to specifically consent to and 

request that any notices, decisions, and 

secure identity documents be sent solely 

to the official business address of the 

applicants’ attorney or accredited 

representative, as reflected on a 

properly executed Notice of Entry of 

Appearance as Attorney or Accredited 

Representative. Further, through this 

final rule, DHS clarifies USCIS 

notification practices relating to 

represented parties. These changes will 

conform USCIS notice procedures to 

account for the full range of stakeholder 

norms, including industry preferences, 

in response to stakeholder comments. 

DATES: Effective Date: This final rule is 

effective on January 27, 2015. 

Comment Date: Written comments on 

the final rule must be submitted on or 

before December 29, 2014. Written 

comments on the Paperwork Reduction 

Act (PRA) section of this final rule 

(regarding the revisions to the Form G– 

28, Notice of Entry of Appearance as 

Attorney or Accredited Representative 

and Form G–28I, Notice of Entry of 

Appearance as Attorney in Matters 

Outside the Geographic Confines of the 

United States) must be submitted on or 

before November 28, 2014. 

ADDRESSES: You may submit comments, 

identified by DHS docket number 

USCIS–2012–0006 by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: You may submit comments 

directly to USCIS by email at 

uscisfrcomment@uscis.dhs.gov. Include 

DHS docket number USCIS–2012–0006 

in the subject line of the message. 

• Mail: Comments may be submitted 

to: DHS, USCIS, Office of Policy and 

Strategy, Chief, Regulatory Coordination 

Division, 20 Massachusetts Avenue 

NW., Washington, DC 20529–2140. To 

ensure proper handling, please 

reference DHS docket number USCIS– 

2012–0006 on your correspondence. 

This mailing address may be used for 

paper, disk, or CD–ROM submissions. 

• Hand Delivery/Courier: Laura 

Dawkins, Chief, Regulatory 

Coordination Division, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 20 Massachusetts 

Avenue NW., Washington, DC 20529– 


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