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[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Pages 58956-58960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22968]

========================================================================
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. 78, No. 186 / Wednesday, September 25, 2013 / 
Proposed Rules

[[Page 58956]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1217

[Document Number AMS-FV-13-0038]

Softwood Lumber Research, Promotion, Consumer Education and 
Industry Information Order; Changes to the Membership of the Softwood 
Lumber Board

AGENCY: Agricultural Marketing Service.

ACTION: Proposed rule.

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

SUMMARY: This proposal invites comments on changes to the membership of 
the Softwood Lumber Board (Board) established under the Softwood Lumber 
Research, Promotion, Consumer Education and Industry Information Order 
(Order). The Board administers the Order 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. This 
proposal would revise the Board's membership to reflect the diversity 
of the industry in terms of size of operation; allow companies that 
operate in multiple geographic regions to seek representation in any 
region in which they operate (U.S. or import); add flexibility for the 
Board to nominate eligible persons to fill vacancies that occur during 
a term; and re-designate the States of Virginia and West Virginia to 
the U.S. South Region. These changes would help facilitate program 
operations.

DATES: Comments must be received by October 25, 2013.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this 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: 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 proposal is issued under the Order. 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

    The Office of Management and Budget (OMB) has waived the review 
process required by Executive Order 12866 for this action.

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

    This proposal invites comments on changes to the Board's membership 
provisions under the Order. The Board administers the Order with 
oversight by USDA. Under the Order, assessments are collected from U.S. 
manufacturers and importers and used for projects to promote softwood 
lumber within the United States. This proposal would revise the Board's 
membership to reflect the diversity of the industry in terms of size of 
operation; allow companies that operate in multiple regions to seek 
representation in any region in which they operate (U.S. or import); 
add flexibility for the Board to nominate eligible persons to fill 
vacancies that occur during a term; and re-designate the States of 
Virginia and West Virginia to the U.S. South Region. These changes 
would help facilitate program operations and were unanimously 
recommended by the Board in July 2013.
    Pursuant to section 1217.40(b), the Board is composed of 18 or 19 
members, depending upon whether an additional importer member is 
appointed to the Board. Twelve members are domestic manufacturers and 
six members are importers of softwood lumber from Canada. Of the 12 
domestic manufacturers, 6 represent the U.S. South, 5 represent the 
U.S. West and 1 represents the Northeast and Lake States. Of the six 
Canadian importers, four represent Canada West and two represent Canada 
East. An additional importer member may be appointed to represent all 
other importing countries besides Canada. Section 1217.40(c)(2)

[[Page 58957]]

provides authority for the Board to recommend changes to its membership 
and nomination process.
    The Board met on May 7 and 8, 2013, and reviewed program 
operations, including the Board's structure and nomination process. The 
Board reviewed these issues further and made the following four 
recommendations in July 2013.

Board Diversity and Size of Operation

    The Board recommended that its regional membership be revised to 
reflect the diversity of the industry in terms of size of operation. 
About 8 percent of the companies covered under the Order account for 
the top two-thirds of the total annual volume of assessable softwood 
lumber (both domestic and imports). These companies are considered 
large by the industry in terms of size of operation. Some of these 
companies operate in multiple regions and some are both a domestic 
manufacturer and an importer of softwood lumber. Ninety-two percent of 
the companies covered under the Order account for the remaining one-
third of the total annual volume of assessable softwood lumber. These 
are considered small by the industry in terms of size of operation.
    The Board wants to ensure that this diversity is reflected within 
each region. The Board analyzed each region's volume of assessable 
softwood lumber in relation to the region's volume attributed to small 
and large companies. Table 1 below shows this analysis based on 3-year 
average data (2010-2012).

                  Table 1--Regional Analysis of Assessable Softwood Lumber by Size of Operation
----------------------------------------------------------------------------------------------------------------
                                                                    Large companies          Small companies
                                          Assessable volume    -------------------------------------------------
                Region                   (billion board feet)       Regional volume          Regional volume
                                                                  (billion board feet)     (billion board feet)
----------------------------------------------------------------------------------------------------------------
U.S. South...........................                   10.436              5.951 (57%)              4.485 (43%)
U.S. West............................                   10.548              8.017 (76%)              2.511 (24%)
NE and Lake States...................                    0.749              0.229 (31%)              0.520 (69%)
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Canada West..........................                    4.983              3.919 (79%)              1.064 (21%)
Canada East..........................                    2.379              1.315 (55%)              1.064 (45%)
----------------------------------------------------------------------------------------------------------------
* These figures are an average of data from 2010-2012. 2012 is actual Board assessment data from its first year
  of operation. 2010 and 2011 Canadian data is from U.S. Customs and Border Protection. 2010 and 2011 U.S. data
  is from Forest Economic Advisors.

    It is noted that for the U.S. South, while the majority of the 
volume of assessable softwood lumber is attributed to large companies, 
almost 90 percent of the number of companies operating in this region 
are small. The Board considered this in its recommended distribution of 
Board seats as shown in Table 2 below.

                                              Table 2--Allocation of Board Seats Based on Size of Operation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Number of seats
                                                         -----------------------------------------------------------------------------------------------
                    Size of operation                                                       NE and Lake                                    Non-Canadian
                                                            U.S. South       U.S. West        States        Canada east     Canada west      importer
--------------------------------------------------------------------------------------------------------------------------------------------------------
Large companies.........................................               2               4             N/A               1               3             N/A
Small companies.........................................               4               1                               1               1
                                                                       6               5               1               2               4               1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The Northeast and Lake States member and non-Canadian importer member could represent companies of any size.

    Additionally, if there were no eligible nominees for a large or 
small seat within a region, that seat could be filled by a nominee 
representing a company of any size. Should a company's size change 
during a member's term of office, that member could serve for the 
remainder of the term to which they were appointed. Section 1217.40(b) 
would be revised accordingly.
    Further, section 1217.40(c) requires the Board to periodically 
review the geographic distribution of the volume of softwood lumber 
manufactured and shipped within the United States by domestic 
manufacturers and the volume of softwood lumber imported into the 
United States. This section would be revised to require the Board to 
also periodically review the distribution of seats based on size of 
operation and recommend changes as necessary. Section 1217.40(c) would 
be revised accordingly.

Entities That Operate in Multiple Regions (U.S. and/or Import)

    Section 1217.41(b)(3) provides that nominees that are both a 
domestic manufacturer and importer may seek nomination to the Board as 
either a domestic manufacturer or an importer, but not both. Nominees 
who domestically manufacture the majority of their softwood lumber must 
seek representation as a domestic manufacturer and nominees who import 
the majority of their softwood lumber must seek representation as an 
importer. Section 1217.41(b)(4) provides that domestic manufacturers 
who manufacture and domestically ship from more than one U.S. region 
must seek representation in the region of the majority of their 
softwood lumber. Further, section 1217.41(b)(5) provides that importers 
who import from more than one Canadian region must seek representation 
in the region from which they import the majority of their softwood 
lumber.
    As previously mentioned some entities in the softwood lumber 
industry are both domestic manufacturers and importers and operate in 
multiple regions under the Order. Industry members would like the 
flexibility to choose which region they represent and whether they seek 
a position as a domestic manufacturer or an importer

[[Page 58958]]

on the Board. Thus, the Board recommended revising the Order so that 
entities that are U.S. manufacturers and importers and who may operate 
in multiple regions have the ability to seek representation in any 
region in which they operate. This would add flexibility to the 
nomination process by allowing companies to seek representation in 
their region of choice. Paragraphs (3), (4) and (5) of section 
1217.41(b) would be revised accordingly.

Vacancies That Occur Mid-Term

    Section 1217.43(c) currently specifies that if a position becomes 
vacant, nominations to fill the vacancy be conducted using the 
nomination process set forth in the Order (section 1217.41(b)) whereby 
the Board solicits the names of eligible nominees and then conducts 
regional elections. The process is lengthy and can result in a seat 
remaining vacant for an extended period of time. Thus, the Board 
recommended revising the Order to allow the Board the flexibility to 
nominate eligible persons to fill vacancies that occur during a term. 
This would facilitate program operations by helping to ensure that 
vacancies are filled in a timely manner. Section 1217.43(c) would be 
revised accordingly.

Virginia and West Virginia

    Section 1217.40(b)(1)(iii) specifies that the States of Virginia 
and West Virginia are included as part of the Northeast and Lake States 
Region under the Order. However, softwood lumber from Virginia and West 
Virginia is predominately pine, a much different species from the white 
spruce and red pine in the Northeast and Lake States, respectively. 
Thus, the Board recommended that the Order be revised to re-designate 
the States of Virginia and West Virginia as part of the U.S. South. The 
volume of softwood lumber from Virginia and West Virginia is relatively 
small (284 million board feet in 2012), so this change would have no 
impact on the regional distribution of seats on the Board. This change 
would align Virginia and West Virginia with the region in which they 
have more in common. Section 1217.40(b)(1)(iii) would be revised 
accordingly.
    This proposal would also make two minor changes to the Order. In 
paragraph (b) of section 1217.70 on reports, the last sentence would be 
modified to specify that importers who pay their assessments directly 
to the Board must submit their report that accompanies the payment of 
collected assessments within 30 calendar days after the end of the 
quarter in which the softwood lumber was imported as opposed to 30 
calendar days after importation. This language was inadvertently 
omitted from the final rule that implemented the Order (76 FR 46185; 
August 2, 2012) and would bring the Order in line with current industry 
practices. This proposal would also change the OMB control number in 
section 1217.108 from 0581-NEW to 0581-0264, the control number 
assigned by the OMB.

Initial 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 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 
about 446 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 $322 
per thousand board feet,\1\ a domestic manufacturer who ships less than 
about 25 million board feet per year would be considered a small 
entity. Using 2012 data, it is estimated that about 270 domestic 
manufacturers, or about 60 percent,\2\ ship less than 25 million board 
feet annually.
---------------------------------------------------------------------------

    \1\ Price 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).
    \2\ Percentages were obtained from the American Lumber Standard 
Committee, Inc. (ALSC). The ALSC administers an accreditation 
program for the grade marking of lumber produced under the American 
Softwood Lumber Standard (Voluntary Product Standard 20).
---------------------------------------------------------------------------

    Likewise, based on data from U.S. Customs and Border Protection 
(Customs) and the Board, it is estimated there are currently about 767 
importers of softwood lumber. Using 2012 Customs data, about 699 
importers, or about 91 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 28.5 billion board feet in 2012, and using an average 
price of $322 per thousand board feet, the average annual domestic 
value for softwood lumber is about $9.2 billion. According to Customs 
data, the average annual value for softwood lumber imports for 2012 is 
about $3.5 billion.
    This proposal invites comments on four changes to the Order 
regarding the Board's membership. Paragraphs (1) and (2) of section 
1217.40(b) would be revised to reflect the diversity of the industry in 
terms of size of operation; paragraph 1217.40(c) would be revised to 
require the Board to periodically review this distribution. Paragraphs 
(3), (4) and (5) of section 1217.41(b) would be revised to allow 
companies that operate in multiple regions to seek representation in 
any region in which they operate. Section 1217.43(c) would be revised 
to add flexibility for the Board to nominate eligible persons to fill 
vacancies that occur during a term. Section 1217.40(b)(1)(iii) would be 
revised to re-designate the States of Virginia and West Virginia to the 
U.S. South Region. These changes were unanimously recommended by the 
Board and are authorized under section 1217.40(c)(2) of the Order and 
section 515(b)(3) of the 1996 Act.
    Regarding the economic impact of this proposed rule on affected 
entities, these changes are administrative in nature and would have no 
economic impact on entities covered under the program. These changes 
would help maintain the Board's balance in terms of size of operation 
by geographic region; add flexibility so that multi-region companies 
could choose which region they represent on the Board; help ensure that 
mid-term vacancies are filled in a timely manner; and better align the 
States of Virginia and West Virginia.
    Regarding alternatives, the Board explored various options 
regarding the diversity of size of operation. The Board considered 
establishing a separate region for multi-region companies and companies 
that are both a domestic manufacturer and an importer. The Board also 
considered establishing some ``at large'' seats for multi-region 
companies. The Board considered weighting an entity's vote in a 
regional election by volume. The Board also considered maintaining the 
status quo and not changing the Order in this regard. After much 
deliberation, the Board opted to recommend allocating

[[Page 58959]]

regional seats based on an analysis of the volume of softwood lumber 
within each region and the volume of assessable softwood lumber covered 
under the Order.
    The Board considered maintaining the status quo regarding multi-
region companies who may also be a domestic manufacturer and importer, 
filling mid-term vacancies and the regional designation for the States 
of Virginia and West Virginia. The Board ultimately recommended 
modifications to these Order provisions.
    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 0581-0264. This proposed rule would impose no additional 
reporting and recordkeeping burden on domestic manufacturer 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 proposed 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, these actions were discussed by the 
Board at meetings on May 7 and 8, 2013. The Board's Executive Committee 
discussed these issues on January 7, June 3 and 10, and July 1, 2013. 
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.
    We have performed this initial RFA analysis regarding the impact of 
this proposed action on small entities and we invite comments 
concerning potential effects of this action on small businesses.
    While this proposed rule set forth below has not received the 
approval of USDA, it has been determined that it is consistent with and 
would effectuate the purposes of the 1996 Act.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. Thirty days is deemed appropriate because 
this action needs to be in place no later than February 2014 to allow 
sufficient time for the election process and appointments for the term 
of office beginning January 1, 2015. All written comments received in 
response to this proposed rule by the date specified will be considered 
prior to finalizing this action.

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 
proposed to be amended as follows:

PART 1217--SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION 
AND INDUSTRY INFORMATION ORDER

0
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.
0
2. Amend Sec.  1217.40 by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (b)(1), (b)2) introductory text, (b)(2)(i), and 
(b)(2)(ii);
0
c. Revising the introductory text to paragraph (c) and paragraphs 
(c)(2) and (c)(3)
    The changes to read as follows:

Sec.  1217.40  Establishment and membership.

    (a) Establishment of the Board. There is hereby established a 
Softwood Lumber Board to administer the terms and provisions of this 
Order and promote the use of softwood lumber. The Board shall be 
composed of manufacturers for the U.S. market who manufacture and 
domestically ship or import 15 million board feet or more of softwood 
lumber in the United States during a fiscal period. Seats on the Board 
shall be apportioned based on the volume of softwood lumber 
manufactured and shipped within the United States by domestic 
manufacturers and the volume of softwood lumber imported into the 
United States. Seats on the Board shall also be apportioned based on 
size of operation within each geographic region, as specified in 
paragraphs (b)(1)(i), (b)(1)(ii), (b)(2)(i), and (b)(2)(ii) of this 
section. For purposes of this section, large means manufacturers for 
the U.S. market who account for the top two-thirds of the total annual 
volume of assessable softwood lumber and small means those who account 
for the remaining one-third of the total annual volume of assessable 
softwood lumber. If there are no eligible nominees for a large or small 
seat within a region, that seat may be filled by a nominee representing 
an eligible manufacturer for the U.S. market of any size. Should the 
size of a manufacturer for the U.S. market change during a member's 
term of office, that member could serve for the remainder of the term.
    (b) * * *
    (1) Domestic manufacturers. Twelve members shall be domestic 
manufacturers from the following three regions:
    (i) Six members shall be from the U.S. South Region, which consists 
of the states of Alabama, Arkansas, Florida, Georgia, Louisiana, 
Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, 
Texas, Virginia and West Virginia. Of these six members, two must be 
large and four must be small;
    (ii) Five members shall be from the U.S. West Region, which 
consists of the states of Alaska, Arizona, California, Colorado, 
Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South 
Dakota, Utah, Washington and Wyoming. Of these five members, four must 
be large and one must be small; and
    (iii) One member shall be from the Northeast and Lake States 
Region, which consists of the states of Connecticut, Delaware, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, 
New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, 
Wisconsin and all other parts of the United States not listed in 
paragraphs (b)(1)(i), (b)(1)(ii), or (b)(1)(iii) of this section.
    (2) Importers. Six members shall be importers who represent the 
following regions:
    (i) Four members shall import softwood lumber from the Canadian 
West Region, which consists of the provinces of British Columbia and 
Alberta. Of these four members, three must be large and one must be 
small; and
    (ii) Two members shall import softwood lumber from the Canadian 
East Region, which consists of the Canadian territories and all other 
Canadian provinces not listed in paragraph (b)(2)(i) of this section 
that import softwood lumber into the United States. Of these two 
members, one must be large and one must be small.
    (iii) * * *
    (c) In each five-year period, but not more frequently than once in 
each three-year period, the Board shall:
    (1) * * *
    (2) Review, based on a three-year average, the distribution of the 
size of operations within each region; and
    (3) If warranted, recommend to the Secretary the reapportionment of 
the

[[Page 58960]]

Board membership to reflect changes in the geographical distribution of 
the volume of softwood lumber manufactured and shipped within the 
United States by domestic manufacturers and the volume of softwood 
lumber imported into the United States. The destination of volumes 
between regions and the distribution of the size of operations within 
regions shall also be considered. The number of Board members may also 
be changed. Any changes in Board composition shall be implemented by 
the Secretary through rulemaking.
0
3. Amend Sec.  1217.41 by
0
a. Revising the introductory text to paragraph (b);
0
b. Revising paragraphs (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5).
    The changes to read as follows:

Sec.  1217.41  Nominations and appointments.

    (a) * * *
    (b) Subsequent nominations shall be conducted as follows:
    (1) The Board shall conduct outreach to all segments of the 
softwood lumber industry. Softwood lumber domestic manufacturers and 
importers may submit nominations to the Board. Subsequent nominees must 
domestically manufacture and/or import 15 million board feet or more of 
softwood lumber per fiscal year;
    (2) Domestic manufacturers and importer nominees may provide the 
Board a short background statement outlining their qualifications to 
serve on the Board;
    (3) Nominees that are both a domestic manufacturer and an importer 
may seek nomination to the Board and vote in the nomination process as 
either a domestic manufacturer or an importer, but not both. Such 
nominees must domestically manufacture and import 15 million board feet 
or more of softwood lumber per fiscal year;
    (4) The names of domestic manufacturer nominees shall be placed on 
a ballot by region. The ballots along with the background statements 
shall be mailed to domestic manufacturers in each respective region for 
a vote. Domestic manufacturers who manufacture softwood lumber in more 
than one region may seek nomination and vote in one region of their 
choice. The votes shall be tabulated for each region with the nominee 
receiving the highest number of votes at the top of the list in 
descending order by vote. The top two candidates for each position 
shall be submitted to the Secretary;
    (5) The names of importer nominees shall be placed on a ballot by 
region. The ballots along with the background statements shall be 
mailed to importers in each respective region for a vote. Importers who 
import softwood lumber from more than one region may seek nomination 
and vote in one region of their choice. The votes shall be tabulated 
for each region with the nominee receiving the highest number of votes 
at the top of the list in descending order by vote. The top two 
candidates for each position shall be submitted to the Secretary.
* * * * *
0
4. Amend Sec.  1217.43 by revising paragraph (c) to read as follows:

Sec.  1217.43  Removal and vacancies.

    (a) * * *
    (b) * * *
    (c) If a position becomes vacant, nominations to fill the vacancy 
may be conducted using the nominations process set forth in Sec.  
1217.41(b) or the Board may nominate eligible persons. A vacancy will 
not be required to be filled if the unexpired term is less than six 
months.
0
5. Amend Sec.  1217.70 by revising paragraph (b) to read as follows:

Sec.  1217.70  Reports.

* * * * *
    (b) For domestic manufacturers, such information shall accompany 
the collected payment of assessments on a quarterly basis specified in 
Sec.  1217.52. For importers who pay their assessments directly to the 
Board, such information shall accompany the payment of collected 
assessments within 30 calendar days after the end of the quarter in 
which the softwood lumber was imported.
0
6. Section 1217.108 is revised to read as follows:

Sec.  1217.108  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, 4 U.S.C. is OMB 
control number 0581-0264.

    Dated: September 17, 2013.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2013-22968 Filed 9-24-13; 8:45 am]
BILLING CODE 3410-02-P
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