Proposed Rule2025-10717
Christmas Tree Promotion, Research, and Information Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 13, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This proposal invites comments on changes to the Christmas Tree Promotion, Research, and Information Order (Order). These changes include amending the Board's name from "Christmas Tree Promotion Board" to "Real Christmas Tree Board", increasing the administrative expenses cap from 10 to 15 percent, allowing importers to request refunds of assessments paid on trees that were shipped to the United States but were not sold, and increasing the mandatory period to maintain books and records relating to the Order. Many of these changes are administrative in nature. This action would also make several non- substantive clarifications and changes to modernize the Board's procedures.
Full Text
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[Federal Register Volume 90, Number 113 (Friday, June 13, 2025)]
[Proposed Rules]
[Pages 24995-25000]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10717]
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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.
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Federal Register / Vol. 90, No. 113 / Friday, June 13, 2025 /
Proposed Rules
[[Page 24995]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1214
[Doc. No. AMS-SC-24-0004]
Christmas Tree Promotion, Research, and Information Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposal invites comments on changes to the Christmas
Tree Promotion, Research, and Information Order (Order). These changes
include amending the Board's name from ``Christmas Tree Promotion
Board'' to ``Real Christmas Tree Board'', increasing the administrative
expenses cap from 10 to 15 percent, allowing importers to request
refunds of assessments paid on trees that were shipped to the United
States but were not sold, and increasing the mandatory period to
maintain books and records relating to the Order. Many of these changes
are administrative in nature. This action would also make several non-
substantive clarifications and changes to modernize the Board's
procedures.
DATES: Comments must be received by July 14, 2025.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments may be mailed to the Docket
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax:
(202) 720-8938; or submitted electronically by Email:
<a href="/cdn-cgi/l/email-protection#9ccfd1b2c9cfd8ddb2d1ceccb2ddd1cfb2d1d8d8dff3f1f1f9f2e8dce9eff8fdb2fbf3ea"><span class="__cf_email__" data-cfemail="8fdcc2a1dadccbcea1c2dddfa1cec2dca1c2cbcbcce0e2e2eae1fbcffafcebeea1e8e0f9">[email protected]</span></a>; or via internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments should reference the document number and
the date and page number of this issue of the Federal Register. All
comments will be made available for public inspection in the Office of
the Docket Clerk during regular business hours or can be viewed at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments submitted in response to this
proposed rule will be included in the rulemaking record and will be
made available to the public. Please be advised that the identity of
the individuals or entities submitting the comments will be made
public.
FOR FURTHER INFORMATION CONTACT: George Webster, Marketing Specialist,
Market Development Division, Specialty Crops Program, Agricultural
Marketing Service (AMS), U.S. Department of Agriculture (USDA), 1400
Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-
0244; Telephone: (202) 720-8085; or Email: <a href="/cdn-cgi/l/email-protection#fbbc9e94899c9ed5ac9e99888f9e89bb8e889f9ad59c948d"><span class="__cf_email__" data-cfemail="6324060c1104064d3406011017061123161007024d040c15">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This proposed rule affecting the Order (7
CFR part 1214) is authorized by the Commodity Promotion, Research, and
Information Act of 1996 (the Act) (7 U.S.C. 7411-7425).
Executive Orders 12866 and 13563
USDA is issuing this proposed rule in conformance with 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
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 proposed action falls within a category
of regulatory actions that the Office of Management and Budget (OMB)
exempted from Executive Order 12866, and therefore, has not been
reviewed.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. AMS has assessed the impact of this proposed rule
on Indian Tribes and determined that this rule would not have Tribal
implications that require consultation under Executive Order 13175. AMS
hosts a quarterly teleconference with Tribal leaders where matters of
mutual interest regarding the marketing of agricultural products are
discussed. Information about the proposed changes to the regulations
will be shared during an upcoming quarterly call, and Tribal leaders
will be informed about the proposed revisions to the regulation and the
opportunity to submit comments. AMS will work with the USDA Office of
Tribal Relations to ensure meaningful consultation is provided as
needed with regard to these proposed changes to the Order.
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 Commodity Promotion, Research, and Information Act of 1996
(the 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 sec. 519 of the 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 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
Under the Christmas Tree Promotion, Research, and Information Order
(7 CFR part 1214) (Order), the Christmas Tree Promotion Board (Board),
with USDA oversight, administers a nationally coordinated program of
research, promotion and information designed to maintain and expand
markets for fresh
[[Page 24996]]
cut Christmas trees. The program is financed by assessments on domestic
producers and importers of 500 or more Christmas trees annually. The
Board, which is composed of one importer and eleven domestic producers
from three regions across the United States, unanimously recommended
these proposed changes during a meeting on September 21, 2023. These
proposed changes include: changing the Board name; revising timelines
associated with budget and financial requirements; clarifying
assessment and exemption requirements; and modernizing language in the
Order. The proposal would also make clarifying changes and changes to
administrative requirements.
Board Recommendation To Change Board Name
Currently the Order refers to the Board as the ``Christmas Tree
Promotion Board''. In 2022, the Board rebranded their name on their
website and marketing materials to ``Real Christmas Tree Board'' to
alleviate confusion amongst industry members and distinguish the
program from other national organizations who represent both real and
artificial Christmas trees. This proposed change would align the
language of the Order with the Board's name, as it has been used on
their website and marketing materials since 2022, and would permit the
Board to use the new name for all business purposes. The proposal would
make these changes in sections 1214.2 and 1214.40 of the Order.
Changes to Budget and Financial Requirements
Section 1214.46(p) currently states that the Board must submit a
budget for approval within 60 days after assessments are due to the
Board, which falls on April 15th. This requirement would be removed so
Board staff could provide a more accurate budget when final revenue and
expenses of the current fiscal period are known. To accommodate this
change, a budget submission deadline would be added in section
1214.50(a) which would require the Board to submit a budget for review
no more than 90 days or less than 60 days prior to the fiscal period.
This change would require the budget to be submitted between May 1st
and June 1st, giving the Board additional time to calculate accurate
budget numbers.
Section 1214.50(j) would be revised to increase the maximum
allowable administrative expenses of the Board from 10 percent of
annual revenue to 15 percent. Section 515(e)(5) of the Act (7 U.S.C.
7414(e)(5)) allows a spending limit of up to 15 percent of income for
the fiscal period for administrative costs. In 2021, 2022, and 2023,
the Board's administrative costs were 7.2 percent, 7.3 percent, and 9.3
percent of revenues, respectively. The Board's administrative costs
have increased, largely due to inflation, while revenues have decreased
because of weather events. The Board expects this trend to persist and
therefore seeks to have greater budgetary flexibility that would allow
them to continue paying for administrative costs with decreases in
revenues. Notably, most of the other Orders established pursuant to the
Act have a 15 percent administrative cost cap.
Section 1214.51 outlines the Board's financial statement
requirements. This proposed rule would revise the financial statement
requirement in section 1214.51(a) by requiring financial reporting on a
periodic basis as opposed to quarterly. This proposed change would
align the Order to the Board's current procedure of producing financial
statements monthly. Section 1214.51(c) states the Board must submit an
annual financial statement within 90 days after the fiscal period. This
deadline has proven to be difficult to meet as it falls on October
31st, which is in the middle of the Christmas tree harvesting season
for the industry. In order to meet this deadline, Board members must
meet during their busy season which can negatively affect their
businesses. By extending this deadline to 180 days after the fiscal
period, the Board members will be out of their busy season and able to
meet more easily to review the annual financial statement.
Changes To Clarify Assessments and Exemptions
Section 1214.52(b) would be revised to clarify who is responsible
for paying assessments by referencing the definitions of ``person'' and
``producer'' in sections 1214.14 and 1214.17, respectively. Section
1214.52(c), regarding Christmas tree importers, would be revised to
state that if assessments are not collected at the border by the United
States Customs and Border Protection (Customs), they should be paid
directly to the Board by February 15th of the crop year in which they
are imported. The Board anticipates that assessments from importers
will be collected by Customs, but in the unlikely event that an
assessment is not collected by Customs, importers would be required to
pay such assessment directly to the Board by February 15th of the crop
year in which the trees are imported. Section 1214.52(c)(3) would be
updated to clarify that if assessments are collected by Customs, they
shall be paid when the trees enter the United States.
Section 1214.53(a)(7) would be revised to clarify that importers
who import less than 500 trees annually shall receive a refund from the
Board for assessments collected. The change would remove reference to
producers because assessments are not collected from producers who are
under the de minimis amount specified in section 1214.53(a) but are
collected from importers through Customs.
Section 1214.53(b) would be revised to allow importers the ability
to request a refund for assessments paid on trees imported into the
United States but not sold. This change would ensure that importers are
able to request refunds for assessments paid on any trees that are not
sold after importation. Some importers have faced an issue in which
their retailer will pay only for the trees sold. The Board would like
to give these importers and other importers who may face this problem
in the future opportunity for a refund on trees that are imported into
the United States but not sold. This option is already available to
producers as they can report and pay assessments only on the trees
which they were paid for as opposed to importers who pay assessments on
each tree imported, regardless of its ultimate disposition.
Changes To Modernize Order Language
Several proposed changes would modernize the Order so the Board can
take advantage of different voting and meeting options, specifically
electronic capabilities. Using electronic capabilities would increase
accessibility, enhance efficiency, and decrease administrative costs.
Additionally, the changes would modernize the language to be in line
with current industry practices.
Section 1214.41(a) would be revised to allow producers to vote for
producer nominees by any means of communication available, so long as
the votes cast are verifiable and meet procedural requirements.
Section 1214.44(b) would be revised to lower the minimum days of
advanced notice for Board meetings from 14 to 7 to allow for more
flexibility in scheduling meetings, particularly virtual ones. Section
1214.44(c) would be revised to clarify that Board members abstaining
from any Board vote would not be counted against the motion. The
proposed language is consistent with other orders established pursuant
to the Act.
Section 1214.44(e) currently provides that in lieu of voting at a
properly convened meeting, the Board may take
[[Page 24997]]
action by other means in certain circumstances. In light of advancement
of electronic capabilities, section 1214.44(e) would be revised to
allow meetings by electronic means or by any means of communication
available. Section 1214.102(c) would also be updated to allow the Board
to vote to take action by any means of communication available. The
proposed language in these sections is consistent with other orders
established pursuant to the Act.
The proposed changes would update the Harmonized Tariff Schedule
numbers of Christmas trees that are assessed in sections 1214.52(c) and
1214.101(e).
Clarifying and Administrative Revisions
Section 1214.9, which defines Importer, would be revised to remove
the word ``domestically'' to clarify that the trees are produced
outside of the United States. Section 1214.17, which defines Producer,
would be revised to change the word ``of'' in ``loss of the
production'' to the word ``in'', and to add a semicolon after the
clause ``and who owns, or shares the ownership and risk of loss in the
production of Christmas trees'' for clarity and readability. Section
1214.101(d)(1), which defines ``eligible domestic producer'' in the
context of referendum procedures, would also be revised to change the
word ``of'' in ``loss of the production'' to the word ``in'' for
consistency.
Section 1214.41(e) would be revised to explain that nominees who
are both a producer and an importer, may only seek nomination to the
Board and vote in the nomination process as either a producer or an
importer, but not both.
Section 1214.53(a)(8) would be revised to further explain that the
Board has the power to develop safeguard procedures to prevent improper
use of exemptions from mandatory assessments. As prescribed by the
regulations, any such procedures shall be implemented through
rulemaking by the Secretary.
Section 1214.71, which details books and records requirements for
producers and importers, would be modified to require that they retain
all relevant records for at least five years to allow the Board to
audit additional years' records and collect any potential past due
assessments.
Section 1214.82(a) would be revised to clarify that a majority of
persons voting in the referendum must be in favor of the program's
continuance. This is consistent with the Act and other orders, as well
as existing procedure under Sections 1214.81(a)(2)(i) and
1214.81(b)(2).
Section 1214.85, which details personal liability, would be revised
to clarify that committee members and agents of the program shall not
be held personally responsible, except for acts of dishonesty or
willful misconduct. The proposed language in these sections is
consistent with other orders established pursuant to the Act.
The term ``fiscal period'' is defined in section 1214.8 of the
Order, however, in sections 1214.50(j) and 1214.53(a)(7), the term
``fiscal year'' is used. These two sections would be updated to ensure
consistent use of ``fiscal period'' throughout the Order.
Throughout the Order, there are multiple references to the minimum
number of Christmas trees produced or imported annually to meet certain
requirements of the Board. Sections 1214.41(c), 1214.41(d), 1214.53(a),
1214.101 would all be revised to ensure consistency in stating that the
number of trees to exceed the de minimis amount is ``500 or more
Christmas trees''.
Formatting Changes
The proposed rule would make several formatting changes. Section
1214.40(a) would correct the alphabetical list of U.S. states.
Additionally, Sec. 1214.101, which consists of definitions, would be
amended to remove the paragraph (a) through (j) designations and would
be reordered in alphabetical order.
Initial Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), agencies are required to examine the impact of the proposed
action on small entities. Accordingly, AMS has considered the economic
impact of this action on such entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to the actions so that small businesses will not be
disproportionately burdened. The Small Business Administration (SBA)
defines, in 13 CFR part 121, small firms which engage in ``agricultural
nursery and tree production'' (domestic manufacturers and importers) as
those having annual receipts of no more than $3.25 million (NAICS code
111421).
According to the 2022 Census of Agriculture published by the
National Agricultural Statistics Service (NASS), it is estimated that
there are 10,113 farms that sold cut Christmas trees in the United
States. According to NASS, the value of cut Christmas trees sold in
2022 was $552,900,000. Dividing that value by the number of farms
yields an average annual producer revenue of $54,672. Therefore, it is
estimated that all farms that sold Christmas trees had revenue under
$3.25 million for the purposes of this RFA analysis \1\ and would be
considered small entities.
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\1\ NASS and Census are the only available data. Given the
limited data, equal revenue is assumed in the calculation to be
distributed across all producers. This is done to give an idea of
how many domestic producers might be considered ``small'' businesses
under the SBA definition.
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Likewise, based on Customs data, there were 150 importers of
nursery and tree production (Harmonized Tariff Schedule codes;
0604.20.00.20, 0604.20.00.40, 0604.20.00.60) in 2023. Of these, 5
importers, or 3 percent, had annual receipts of more than $3.25 million
of nursery and tree production. Thus, most importers would be
considered small entities. The proposed rule would not
disproportionately burden small domestic producers and importers of
agricultural nursery and tree production (NAICS code 111421).
Paperwork Reduction Act
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 0581-0268. One proposed change in this proposal would
increase the number of respondents for a current OMB approved form.
Section 1214.53(b) would be updated to allow importers to request a
refund of assessments paid on Christmas trees that were imported but
not ultimately sold by submitting documentation that they did not
receive payment for the trees. This change would create equality
between producers and importers as currently, producers are only
required to pay assessments on trees that were sold. Should the
industry be in favor of this proposal, the changes to the number of
respondents would be submitted to OMB in concurrence with a finalized
rule to go into effect at the same time.
As with all Federal research and promotion programs, reports and
forms are periodically reviewed to reduce the burden of information
requirements and duplication by industry and public sector agencies.
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
[[Page 24998]]
access to government information and services, and for other purposes.
Regarding alternatives, the Board considered not making the
proposed changes to the Order and leaving it as-is. If the Order was
left unchanged, the administrative cap of 10 percent would continue to
be an issue and could result in the Board becoming out of compliance.
Further, without changing the annual financial statement and budget
requirements, the Board would continue having problems meeting their
submission deadlines which would require increased staff time to
reconcile. Board members would also continue needing to meet during
harvest season which could adversely affect their businesses if these
deadlines are not adjusted. Additionally, confusion amongst industry
members and the media regarding the Board's official name would
persist, and importers of Christmas trees would remain responsible for
assessments paid on trees imported but not sold if the Order is not
updated. After considering these potential issues, the Board decided
against leaving the Order unchanged.
Regarding outreach efforts, the Board discussed this proposal
throughout 2022 and 2023 and the full Board unanimously recommended the
proposed changes during their in-person meeting on September 21, 2023.
The Board is made up of domestic producers and importers. Additionally,
the Board widely circulated a summary of the proposed Order changes
amongst industry members via the Board's e-newsletter, at state and
regional Christmas tree meetings, and through direct communication with
other Christmas tree associations. AMS has performed this initial RFA
analysis regarding the impact of this action on small entities and
invites comments concerning potential effects of this action.
While this proposed rule as set forth below has not yet received
the approval of USDA, it has been determined that it is consistent with
and would effectuate the purposes of the Act. A 30-day comment period
is provided to allow interested persons to respond to this proposal.
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 1214
Administrative practice and procedure, Advertising, Christmas
trees, Marketing agreements, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 1214 as follows:
PART 1214--CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION
ORDER
0
1. The authority citation for 7 CFR part 1214 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
Sec. 1214.2 [Amended]
0
2. Amend Sec. 1214.2 by removing the words ``Christmas Tree Promotion
Board'' and adding in their place the words ``Real Christmas Tree
Board''.
Sec. 1214.9 [Amended]
0
3. Amend Sec. 1214.9 by removing the word ``domestically''.
0
4. Revise Sec. 1214.17 to read as follows:
Sec. 1214.17 Producer.
Producer means any person who is engaged in the production of
Christmas trees in the United States, and who owns, or shares the
ownership and risk of loss in the production of Christmas trees; or a
person who is engaged in the business of producing, or causing to be
domestically produced, Christmas trees beyond personal use and having
value at first point of sale.
0
5. Remove the words ``Christmas Tree Promotion Board'' from the
undesignated center heading above Sec. 1214.40 and add in their place
the words ``Real Christmas Tree Board.''
0
6. Amend Sec. 1214.40 by:
0
a. Removing the words ``Christmas Tree Promotion Board'' from paragraph
(a) wherever they appear and adding in their place the words ``Real
Christmas Tree Board''; and
0
b. Revising paragraph (a)(1)(iii).
The revision reads as follows:
Sec. 1214.40 Establishment and membership.
(a) * * *
(1) * * *
(iii) Four producer members from Region #3--Eastern Region (states
east of the Great Lakes): Alabama, Connecticut, Delaware, Florida,
Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New York, North Carolina,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont,
Virginia, Washington, DC, West Virginia, and all U.S. Territories
located in the Atlantic Ocean and Caribbean Sea, including but not
limited to Puerto Rico.
* * * * *
0
7. Amend Sec. 1214.41 by:
0
a. Revising paragraph (a);
0
b. In paragraph (c), removing the words ``more than 500'' and adding in
their place the words ``500 or more''; and
0
c. Revising and republishing paragraphs (d) and (e).
The revisions and republications read as follows:
Sec. 1214.41 Nominations and appointments.
(a) Voting for producer members will be made by any means of
communication available, electronic or otherwise, provided that votes
cast are verifiable and that procedural requirements are met.
* * * * *
(d) Nomination of producer members will be conducted by the Board.
The Board staff will seek nominations for each vacant producer seat
from each region from producers who have paid their assessments to the
Board in the most recent fiscal period. Producers who produce Christmas
trees in more than one region may seek nomination only in the region in
which they produce the majority of their Christmas trees. For selection
to the initial Board, the Secretary will notify producers to request
nominations to the Board. Subsequent nominations will be submitted to
the Board office and placed on a ballot that will be sent to known
producers of 500 or more Christmas trees in each region for a vote.
Producers who produce Christmas trees in more than one region may only
vote in the region in which they produce the majority of their
Christmas trees. The nominee receiving the highest number of votes and
the nominee receiving the second highest number of votes shall be
submitted to the Department as the producers' first and second choice
nominees. The Board shall submit nominations to the Secretary not less
than 90 days prior to the expiration of the term of office.
(e) Nominations for the importer member(s) will be conducted by the
Board. The Board will solicit importer nominations from those importers
who have paid their assessments to the Board in the most recent fiscal
period. Nominees that are both a producer and an importer may seek
nomination to the Board and vote in the nomination process as either a
producer or an importer, but not both. For selection to the initial
Board, the Secretary will notify importers to request nominations to
the Board. Subsequent nominations will be submitted to the Board office
and placed on a ballot that will be sent to importers for a vote. The
Board shall submit those nominations to the Secretary not less than 90
days prior to the expiration of the term of office. Two nominees for
each importer position
[[Page 24999]]
will be submitted to the Secretary for consideration.
* * * * *
0
8. Amend Sec. 1214.44 by:
0
a. In paragraph (b), removing the number ``14'' and adding in its place
the number ``7'';
0
b. In paragraph (c), adding the words ``and voting'' after the word
``present''; and
0
c. Revising paragraph (e).
The revision reads as follows:
Sec. 1214.44 Procedure.
* * * * *
(e) The Board may conduct meetings by any means of communication
available, electronic or otherwise, that effectively assembles members
and the public and facilitates open communication.
* * * * *
0
9. Amend Sec. 1214.46 by revising paragraph (p) to read as follows:
Sec. 1214.46 Powers and duties.
* * * * *
(p) To prepare and submit for approval of the Secretary rates of
assessment and a fiscal period budget of the anticipated expenses to be
incurred in the administration of the Order, in accordance with Sec.
1214.50;
* * * * *
0
10. Amend Sec. 1214.50 by revising the first sentence of paragraph (a)
introductory text and paragraph (j) to read as follows:
Sec. 1214.50 Budget and expenses.
(a) No more than 90 days or less than 60 days prior to the fiscal
period, and as may be necessary thereafter, the Board shall prepare and
submit to the Secretary a budget for the fiscal period covering its
anticipated expenses and disbursements in administering this part. * *
*
* * * * *
(j) For fiscal periods beginning 3 or more years after the date of
the establishment of the Board, the Board may not expend for
administration, maintenance, and functioning of the Board in a fiscal
period an amount that exceeds 15 percent of the assessment and other
income received by the Board. Reimbursements to the Secretary required
under paragraph (i) of this section are excluded from this limitation
on spending.
* * * * *
0
11. Amend Sec. 1214.51 by:
0
a. Revising the first sentence of paragraph (a); and
0
b. In paragraph (c), removing the number ``90'' and adding in its place
the number ``180''.
The revision reads as follows:
Sec. 1214.51 Financial statements.
(a) The Board shall prepare and submit financial statements to the
Secretary on a periodic basis, or at any other time requested by the
Secretary. * * *
* * * * *
0
12. Amend Sec. 1214.52 by revising paragraph (b), the second sentence
of paragraph (c) introductory text, and paragraphs (c)(2) and (3) to
read as follows:
Sec. 1214.52 Assessments.
* * * * *
(b) The payment of assessments on domestic Christmas trees that are
cut and sold will be the responsibility of the producer, as defined in
Sec. Sec. 1214.14 and 1214.17.
(c) * * * If Customs does not collect an assessment from an
importer, the importer will be responsible for paying the assessment
directly to the Board in accordance with paragraph (e) of this section.
(1) * * *
(2) The import assessment shall be uniformly applied to imported
Christmas trees that are identified by the numbers 0604.20.00.20,
0604.20.00.40, and 0604.20.00.60 in the Harmonized Tariff Schedule of
the United States or any other numbers used to identify Christmas trees
in that schedule.
(3) If collected by Customs, the assessments due on imported
Christmas trees shall be paid when the Christmas trees enter into the
United States.
* * * * *
0
13. Amend Sec. 1214.53 by revising paragraphs (a)(6) and (7), the
first sentence of paragraph (a)(8), and the first sentence of paragraph
(b)(1) to read as follows:
Sec. 1214.53 Exemption from and refunds of assessments.
(a) * * *
(6) Producers and importers who received an exemption certificate
from the Board but domestically produced or imported 500 or more
Christmas trees during the fiscal period shall pay the Board the
applicable assessments owed and submit any necessary reports to the
Board pursuant to Sec. 1214.70.
(7) Importers who did not apply to the Board for an exemption and
imported less than 500 Christmas trees during the fiscal period shall
receive a refund from the Board for the applicable assessments within
30 calendar days after the end of the fiscal period. Board staff shall
determine the assessments paid and refund the amount due to the
importers accordingly.
(8) The Board may develop additional safeguard procedures as it
deems necessary for accurately accounting for this exemption and to
prevent improper use of this exemption. * * *
(b) * * *
(1) Importers who are exempt from assessment or certify and provide
verification that Christmas trees were not sold shall be eligible for a
refund of assessments collected by Customs during the applicable fiscal
period. * * *
* * * * *
Sec. 1214.71 [Amended]
0
14. Amend Sec. 1214.71 by removing the word ``two'' and adding in its
place the word ``five''.
Sec. 1214.82 [Amended]
0
15. Amend Sec. 1214.82 in paragraph (a) by adding the words ``a
majority of'' after the words ``not favored by''.
0
16. Revise Sec. 1214.85 to read as follows:
Sec. 1214.85 Personal liability.
No member, committee member, agent, or employee of the Board shall
be held personally responsible, either individually or jointly with
others, in any way whatsoever, to any person for errors in judgment,
mistakes, or other acts, either of commission or omission, as such
member, committee member, agent, or employee, except for acts of
dishonesty or willful misconduct.
0
17. Amend Sec. 1214.101 by:
0
a. Removing the first-level paragraph designations from paragraphs (a)
through (j);
0
b. Reordering the definitions in alphabetical order; and
0
c. Revising the introductory text and paragraph (1) of the definition
of ``Eligible domestic producer'' and the first sentence of the
definition of ``Eligible importer''.
The revisions read as follows:
Sec. 1214.101 Definitions.
* * * * *
Eligible domestic producer means any person who domestically
produces 500 or more Christmas trees annually in the United States, and
who:
(1) Owns, or shares the ownership and risk of loss in the
production of Christmas trees;
* * * * *
Eligible importer means any person importing 500 or more Christmas
trees annually into the United States as a principal or as an agent,
broker, or consignee of any person who produces or handles Christmas
trees outside of the United States for sale in the United States, and
who is listed as the importer
[[Page 25000]]
of record for such Christmas trees that are identified in the
Harmonized Tariff Schedule of the United States by the numbers
0604.20.00.20, 0604.20.00.40, and 0604.20.00.60 during the
representative period. * * *
* * * * *
0
18. Amend Sec. 1214.102 by revising paragraph (c) to read as follows:
Sec. 1214.102 Voting.
* * * * *
(c) All ballots are to be cast by any means of communication
available, electronic or otherwise, as instructed by the Department.
* * * * *
Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2025-10717 Filed 6-12-25; 8:45 am]
BILLING CODE 3410-02-P
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