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Rules and Regulations
Federal Register Vol. 86, No. 36
Thursday, February 25, 2021

Agricultural Marketing Service
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 falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review.

7 CFR Part 1217

Executive Order 13175

Document Number AMSSC200014

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.

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.

DEPARTMENT OF AGRICULTURE

Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order;
Assessment Rate Increase Agricultural Marketing Service, USDA.
ACTION: Final rule.
AGENCY:

This rule amends the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order Order to increase the assessment rate from $0.35 to $0.41
per thousand board feet mbf. The Order is administered by the Softwood Lumber Board Board with oversight by the U.S. Department of Agriculture USDA. This rule will also add the conversion factor for square meters to board feet and makes one conforming change.

SUMMARY:

DATES:

Effective Date: April 1, 2021.

FOR FURTHER INFORMATION CONTACT:

Andrea Ricci, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406S, Stop 0244, Washington, DC
202500244; telephone: 202 5721442;
facsimile: 202 2052800; or electronic mail: Andrea.Ricci@usda.gov.
SUPPLEMENTARY INFORMATION: This final rule affecting 7 CFR part 1217 herein the Order is authorized under the Commodity Promotion, Research, and Information Act of 1996 1996 Act 7
U.S.C. 74117425.
Executive Orders 12866 and 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
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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, must 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 USDAs final ruling.

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Background This rule amends the Order by increasing the assessment rate from $0.35 to $0.41 per mbf of softwood lumber shipped within or imported into the United States. The Order is administered by the Board with oversight by the USDA. Under the program, assessments are collected from domestic manufacturers and importers and used for research and promotion projects designed to strengthen the position of softwood lumber in the marketplace. The additional funds will enable the Board to maintain its existing programs, while supporting new programs that will help maintain and expand markets for softwood lumber.
This rule will also add the conversion factor for square meters to board feet and make one conforming change.
The Order specifies that the funds to cover the Boards expenses shall be paid by assessments on manufacturers for the U.S. market, other income of the Board, and other funds available to the Board.
Domestic manufacturers pay assessments based on the volume of softwood lumber shipped within the United States and importers pay assessments based on the volume of softwood lumber imported to the United States. Assessments are collected per mbf of softwood lumber, except that no entity shall pay an assessment on the first 15 million board feet mmbf of softwood lumber otherwise subject to assessments in a fiscal year. Domestic manufacturers are required to remit to the Board assessments owed no later than 30 calendar days of the month following the end of the quarter in which the softwood lumber was shipped. Importers are responsible for paying assessments to the Board on softwood lumber imported into the United States through the U.S. Customs and Border Protection CBP. If CBP
does not collect an assessment from the importer, the importer is responsible for paying the assessment to the Board no later than 30 calendar days of the month following the end of the quarter in which the softwood lumber was imported. Domestic manufacturers and importers must also remit to the Board required reports.
The Order also provides for exemptions from assessments. Section 1217.53 specifies that U.S.
manufacturers and importers that domestically ship and/or import less
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