Unknown. Final rule

5,214 words·~24 min read·/register/2019/11/04/2019-21015·

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--- schema: federal-register doc_type: fedreg source_file: FR-2019-11-04.xml --- 84 213 Monday, November 4, 2019 Contents Agricultural Marketing Agricultural Marketing Service RULES Tomatoes Grown in Florida: Modification of Handling Regulations, 59289-59292 2019-21015 Agriculture Agriculture Department See Agricultural Marketing Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59377-59389 2019-23999 2019-24000 2019-24001 2019-24002 2019-24003 2019-24004 2019-24005 2019-24006 Coast Guard Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59395-59398 2019-24023 2019-24024 2019-24025 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation E—Electronic Fund Transfer Act and Regulation Z—Truth in Lending Act, 59446-59449 2019-23960 Economic Analysis Bureau Economic Analysis Bureau NOTICES Meetings:

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Proposals, Submissions, and Approvals: State Energy Program, 59367-59368 2019-24041 Energy Conservation Program: Waiver from External Power Supplies Test Procedure; Anker Innovations, Ltd., 59365-59367 2019-24046 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Northern Sierra Air Quality Management District; Reasonably Available Control Technology, 59331-59335 2019-23828 Ohio;

Revisions to NO <sup>x</sup> SIP Call Rules, 59327-59331 2019-23704 Texas; Revisions to Control of Air Pollution by Permits for New Construction or Modification, 59325-59327 2019-23676 Significant New Use Rules on Certain Chemical Substances, 59335-59349 2019-23388 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: On-Highway Motorcycle Certification and Compliance Program, 59375-59376 2019-24067 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

BRP-Rotax GmbH and Co KG Engines, 59292-59294 2019-24029 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 59294-59297 2019-23950 2019-23951 PROPOSED RULES Airworthiness Directives: Dassault Aviation Airplanes, 59315-59318 2019-23990 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 59376 2019-24173 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59372-59374 2019-23980 2019-23984 Application:

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Cardiovascular and Renal Drugs Advisory Committee; Establishment of a Public Docket, 59389-59390 2019-23978 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Production Activity: Black and Decker (U.S.), Inc. (Lithium Ion Battery Assembly for Cordless Power Tools), Mission, TX; Foreign-Trade Zone 12; McAllen, TX, 59352 2019-24037 Subzone Application: Frank's International, LLC, New Iberia/Lafayette, LA; Foreign-Trade Zone 124, Gramercy, LA, 59351-59352 2019-24035 The Lobster Trap Co., Bourne, MA;

Foreign-Trade Zone 28; New Bedford, MA, 59351 2019-24034 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Infant Mortality, 59390-59391 2019-24060 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.

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Determinations, Modifications, and Rulings, etc.: Certain Height-Adjustable Desk Platforms and Components Thereof, 59416-59418 2019-23988 Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same, 59415-59416 2019-23989 Land Land Management Bureau NOTICES Record of Decision: Ray Land Exchange Final Supplemental Environmental Impact Statement/Proposed Plan Amendment, Arizona, 59414-59415 2019-24056 Legal Legal Services Corporation NOTICES Grant Awards for the Delivery of Civil Legal Services to Eligible Low-Income Clients Beginning January 1, 2020, 59418-59421 2019-24039 Maritime Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: United States Merchant Marine Academy Alumni Survey, 59437 2019-24022 Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ENDLESS ROMANCE (Motor Vessel), 59444-59445 2019-24013 Vessel HURRICANE (Motor Vessel), 59445-59446 2019-24014 Vessel IMAGINE THAT (Motor Vessel), 59440-59441 2019-24015 Vessel KONA STAR (Motor Vessel), 59438-59439 2019-24016 Vessel LATITUDE (Sailboat), 59437-59438 2019-24017 Vessel LIBERTY (Motor Vessel), 59443-59444 2019-24018 Vessel MADEMOISELLE CANDICE (Pontoon Boat), 59441-59442 2019-24019 Vessel MAGRATHEA (Sailing Vessel), 59442-59443 2019-24020 Vessel OLIMPO (Motor Vessel), 59439-59440 2019-24021 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59421-59422 2019-23965 National Endowment for the Humanities National Endowment for the Humanities RULES Privacy Act; Implementation, 59313-59314 2019-22374 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 59391-59392 2019-23994 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 59395 2019-23992 National Heart, Lung, and Blood Institute, 59391, 59393, 59395 2019-23991 2019-23997 2019-23998 National Institute of Diabetes and Digestive and Kidney Diseases, 59392-59393 2019-23996 Prospective Grant of an Exclusive Patent License:

Autologous Cell Graft of Manufactured Retinal Pigment Epithelium Cell(s) on a Biodegradable Support Scaffold Transplanted Sub-Retinally for Intra-Ocular Ophthalmic Treatment of Age-Related Macular Degeneration in Humans, 59393-59394 2019-23995 Ointments for the Topical Administration to Treat Neuropathic and/or Ischemic Skin Ulcers in Humans, 59394 2019-23993 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States:

Habitat Clam Dredge Exemption Framework, 59349-59350 2019-23768 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 59358-59360 2019-23964 Hearings: Final Agenda Regarding Proposed Waiver and Regulations Governing the Taking of Marine Mammals, 59360-59362 2019-24042 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 59423 2019-24092 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Child Soldiers Prevention Act of 2008;

Presidential Determination and Certification Respecting (Presidential Determination No. 2020-01 of October 18, 2019), 59517-59520 2019-24195 Trafficking in Persons; Foreign Governments' Efforts Regarding (Presidential Determination No. 2020-02 of October 18, 2019), 59521-59523 2019-24196 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Long-Term Stock Exchange, Inc., 59427-59428 2019-23977 Nasdaq GEMX, LLC, 59428-59432 2019-23975 Nasdaq ISE, LLC, 59423-59427 2019-23974 Nasdaq MRX, LLC, 59432-59435 2019-23976 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 59436 2019-24062 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: TSA infoBoards, 59402-59403 2019-23969 TSA Pre-Check Application Program, 59401-59402 2019-23971 Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network See Internal Revenue Service PROPOSED RULES Assessment of Fees on Certain Bank Holding Companies and Nonbank Financial Companies to Cover the Expenses of the Financial Research Fund, 59320-59325 2019-23906 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations:

El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, 59403-59410 2019-24047 Separate Parts In This Issue Part II Health and Human Services Department, Food and Drug Administration, 59452-59516 2019-23870 Part III Presidential Documents, 59517-59523 2019-24195 2019-24196 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 213 Monday, November 4, 2019 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 [Doc.

No. AMS-SC-18-0075; SC19-966-1 FR] Tomatoes Grown in Florida; Modification of Handling Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule implements a recommendation from the Florida Tomato Committee (Committee) to change the handling regulations under the marketing order regulating the handling of tomatoes grown in Florida. This action removes the standard weight requirements for tomato containers under the handling regulations. DATES:

Effective December 4, 2019. FOR FURTHER INFORMATION CONTACT: Steven W. Kauffman, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone:

(863)324-3375, Fax:

(863)291-8614, or Email: *Steven.Kauffman@usda.gov* or *Christian.Nissen@usda.gov.* Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Richard.Lower@usda.gov.* SUPPLEMENTARY INFORMATION: This final rule, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This final rule is issued under Marketing Agreement No. 125 and Marketing Order No. 966, as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida. Part 966 (referred to as the “Order”) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the marketing order and is comprised of producers operating within the production area. The Department of Agriculture

(USDA)is issuing this final rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget

(OMB)exempted from Executive Order 12866 review. Additionally, because this final rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to a marketing order may file with USDA a petition stating that the marketing order, any provision of the marketing order, or any obligation imposed in connection with the marketing order is not in accordance with law and request a modification of the marketing order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This final rule eliminates the standard weight certification requirement established under the Order. This action will relieve handlers from the time and cost associated with tomato inspection for standard weight certification at handling facilities. The Committee unanimously approved this recommendation at public meetings held on August 24, 2018, and September 6, 2018. Section 966.52 of the Order provides authority to the Committee to establish pack and container requirements for tomatoes grown within the regulated area. This includes fixing the size, weight, capacity, dimensions, markings, or pack of the container which may be used in the packaging, transportation, sale, shipment, or other handling of tomatoes. Section 966.323 sets forth the handling regulations for Florida tomatoes. Section 966.323(a)(3)(i) designates the container requirements for weight and establishes that § 51.1863 of the U.S. Tomato Standards (7 CFR 51.1863), which specifies the standard weight requirement, shall apply to all containers. Section 966.60 requires Florida tomatoes to be inspected and certified by authorized representatives of the Federal or Federal-State Inspection Service (FSIS), or such other inspection service as the Secretary shall designate. The Florida Department of Agriculture and Consumer Services is an agency employing state workers who collaborate with the USDA to provide inspection services to areas not serviced by federal employees. FSIS currently certifies to standard weight as part of the inspection process. The Committee met on August 24, 2018, and September 6, 2018, to discuss current standard weight procedures and compliance with the standard weight certification requirements. Representatives from USDA's Specialty Crop Inspection Division

(SCI)and from FSIS were present to participate in the discussion. These representatives informed Committee members that some handling facilities were not maintaining compliance with the standard weight certification requirements. The current inspection sampling rate for standard weight certification is 36 containers sampled based on a lot size of 1600 containers. FSIS currently samples eight tomato containers from each lot for grade and size inspection, and these containers are also weighed as part of the sampling for standard weight. To comply with standard weight certification procedures, an additional 28 containers should be weighed. To lower the inspection time and cost, many tomato handlers provide an employee to sample and weigh the additional 28 containers to reach the total 36 samples required for the standard weight certification of each lot. The containers weighed must meet the prescribed inspection requirements in 7 CFR 51.1863 for certification of the lot. Section 51.1863 specifies that when packages are marked to a net weight of 15 pounds or more, the net weight of the contents shall not be less than the designated net weight and shall not exceed the designated weight by more than 2 pounds. To allow for variations incident to proper sizing, not more than 15 percent, by count, of the packages in any lot may fail to meet the requirements for standard weight. Most of the tomatoes produced in the production area are packed in 25-pound containers. In their discussion, Committee members stated that the current sampling rate requires costly labor and is a time-consuming process that is difficult to maintain due to the handling volume in many operations. One industry member stated that the volume of lots inspected at some handling operations can total around 50 lots in a single 24-hour period. If 50 lots were inspected in one day this would equal a total of 1800 samples selected for recording the weight. The handler's employee would be responsible for pulling and weighing 1400 of these 25-pound samples to meet the standard weight requirement. Thus, high volume handlers may have to employ multiple people to perform the weight inspections. The labor provided by the handler expedites the certification process and is lower than the cost of having FSIS inspectors weigh the additional cartons. However, standard weight certification is still expensive to maintain. One member stated that providing the necessary employees at their handling facility to properly administer the certification program cost an extra $80,000 a year above the fees charged by FSIS inspection. The Committee asked if it might be possible to lower the sampling rate while maintaining the certification process as the container sampling size for standard weight is several times greater than the number of containers sampled by FSIS when certifying for grade and size. SCI stated that certification at a rate lower than 36 samples would require a study that could statistically support a new sampling rate. SCI indicated a study would possibly take a year to develop, implement, and analyze the results. Committee members expressed concern over the time and cost of carrying out such a study, and that the best course of action may be to remove the requirement for standard weight inspection. In discussing the value of the weight certification program, Committee members stated that receivers of Florida tomato shipments still perform weight inspections regardless of the required weight certification. Even with the standard weight certification, there are occasions when weight is an issue and the shipper often rectifies any discrepancies by making an adjustment to the shipment for the receiver. At both meetings, Committee members expressed that handling operations are spending thousands of dollars annually to meet the certification requirement without realizing a significant benefit from the program. Committee members stated that the expense of labor and inspection time for certification is difficult to justify since the handler already makes an adjustment for the receiver regardless of the certification. Committee members also stated that tomato handlers outside the regulated area are not required to maintain standard weight certification. One member indicated that eliminating the standard weight requirement on Florida tomato handlers would allow the industry's inspection procedures to be more comparable to handlers outside the regulated area. Another commenter stated that most handlers are now using in-line scales to weigh each container and did not see the benefit of requiring standard weight certification. Removing the standard weight requirement will allow handlers to avoid the time and labor costs associated with the certification process. The Committee believes there is no longer enough benefit to justify maintaining the standard weight certification, and unanimously recommended eliminating the standard weight requirements for the 2019-20 and subsequent fiscal periods. Committee members agreed that maintaining the individual net weight requirements for containers is still a valuable component of the Order. The current net weight requirements state all tomatoes packed by a registered handler shall be packed in containers of 10, 20, and 25 pounds designated net weights. The net weight of the contents shall not be less than the designated net weight and shall not exceed the designated net weight by more than two pounds. This action will not modify that requirement. With this action, FSIS will still sample the required containers to perform size and grade inspection along with recording the weights from each sample. FSIS shall provide a record of the weights from the eight samples inspected for size and grade upon request. The Committee noted that the eight samples weighed by FSIS will provide an independent record to reference in addition to the in-line automated weighing systems used by many handlers. The Committee believes the eight samples weighed by FSIS in conjunction with the automated weighing systems will provide ample information regarding the container weights for each lot. Further, eliminating the standard weight requirement will not preclude the handler from requesting a standard weight inspection. Section 8e of the Act (7 U.S.C. 608e-1) provides that when certain domestically produced commodities, including tomatoes, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. No corresponding change to the import regulations is required as this action changes the container requirements. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 75 producers of Florida tomatoes in the production area and 37 handlers subject to regulation under the Order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). According to industry and Committee data, the average annual price for fresh Florida tomatoes during the 2017-18 season was approximately $12.56 per 25-pound container, and total fresh shipments were 25.9 million containers. Using the average price and shipment information, the number of handlers, and assuming a normal distribution, the majority of handlers have average annual receipts of more than $7,500,000, ($12.56 times 25.9 million containers equals $325,304,000 divided by 37 handlers equals $8,792,000 per handler). In addition, based on production data, an estimated producer price of $6.00 per 25-pound container, the number of Florida tomato producers, and assuming a normal distribution, the average annual producer revenue is above $750,000 ($6.00 times 25.9 million containers equals $155,400,000 divided by 75 producers equals $2,072,000 per producer). Thus, the majority of handlers and producers of Florida tomatoes may be classified as large entities. This final rule eliminates the standard weight certification requirement under the Order. The Committee determined there is no longer enough benefit to justify the cost and time required for the standard weight certification. This action will enable handlers to reduce inspection time and labor costs associated with the standard weight program. This rule revises § 966.323. Authority for these changes is provided in § 966.52. It is not anticipated that this action will impose additional costs on handlers or growers, regardless of size. This action is intended to reduce expenses incurred for labor and inspection time associated with the certification process for standard weight. The current inspection sampling rate for standard weight certification based on a lot size of 1600 containers is 36 containers. FSIS currently samples eight tomato containers from each lot for grade and size inspection, and these containers are also weighed as part of the sampling for standard weight. To comply with standard weight certification procedures, an additional 28 containers need to be weighed. To lower the inspection time and cost, many tomato handlers provide an employee to sample and weigh the additional 28 containers to reach the total 36 samples required for the standard weight certification of each lot. Total fresh shipments of Florida tomatoes for the 2017-18 season were 25.9 million 25-pound containers. This volume represents approximately 16,188 normal lots of tomatoes requiring inspection for standard weight. Using 2017-18 volume, this change will eliminate the requirement that inspection personnel or handler employees lift, weigh, and record approximately 453,265 25-pound containers during a similar season. This analysis illustrates the laborious nature involved in the standard weight inspection and certification process. Avoiding the time and labor costs associated with standard weight certification will reduce expenses for the Florida tomato industry. This action will reduce the labor required for the inspection process by thousands of hours every year, reducing the cost for handlers. The expense of labor for inspection can vary widely between handler employees and the FSIS. However, one Committee member stated that this action will save his handling operation $80,000 every year. This action is expected to lower handler cost associated with the inspection process. The benefits of this rule are expected to be equally available to all Florida fresh tomato handlers, regardless of size. The Committee considered an alternative to this action. Prior to this recommendation, the Committee discussed lowering the sampling size for the standard weight certification program with the SCI. However, after further discussion on the inspection process and the time it could possibly take to review, the Committee determined the standard weight program no longer provided enough benefit to justify the cost and time required for certification. Therefore, the alternative was rejected. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178 Vegetable and Specialty Crops. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This final rule will not impose any additional reporting or recordkeeping requirements on either small or large Florida tomato handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. No public comments were received regarding the initial regulatory flexibility analysis. 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. The Committee's meetings were widely publicized throughout the Florida tomato industry, and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the August 24 and September 6, 2018, meetings were public meetings, and all entities, both large and small, were able to express their views on this issue. A proposed rule concerning this action was published in the **Federal Register** on April 16, 2019 (84 FR 15528). Copies of the proposed rule were sent via email to Committee members and Florida tomato handlers. Additionally, the rule was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending May 16, 2019, was provided to allow interested persons to respond to the proposal. During the comment period, five comments were received in response to the proposal. Four of the comments favored the proposed change, but expressed some concerns over the potential impact of the change. Three of these comments supported the action from a financial and economic standpoint. Two commenters stated the net weight requirements were enough to ensure quality. The concerns raised included the impact on quality and labor. Two commenters were concerned about consumers receiving a quality product. One commenter supported lifting the regulation for small entities, but that inspection and certification be maintained for large entities. This action only removes the standard weight requirement. All lots of tomatoes will still be inspected for quality and net weight, helping to ensure consumers receive a consistent product meeting the established quality standards. In its discussions, the Committee indicated without a standard weight certification, the net weights will still be checked by the receiver and adjustments can be make accordingly. Further, eliminating the standard weight requirement will not preclude the handler from requesting a standard weight inspection if that is preferred by the customer. Two comments questioned the impact of this change on the labor force. During the Committee's deliberations, handlers described assigning some employees to assist in the process as a cost-saving measure compared to having FSIS provide additional staff to do the sampling. Committee members stated the current sampling rate is a costly, time-consuming process that is difficult to maintain due to the handling volume in many operations. The Committee anticipates improved efficiency in inspection time and labor costs. One individual also recommended developing an alternative process for certification that could allow handlers to continue receiving certification. As previously stated, the Committee discussed alternative means for certification and determined the standard weight program no longer provided enough benefit to justify the cost and time required to develop that alternative. The remaining comment pertained to issues not applicable to the proposed rule. Accordingly, based on the comments received, no changes will be made to the rule as proposed. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/rules-regulations/moa/small-businesses.* Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matter presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 966 Marketing agreements, Reporting and recordkeeping requirements, Tomatoes. For the reasons set forth in the preamble, 7 CFR part 966 is amended as follows: PART 966—TOMATOES GROWN IN FLORIDA 1. The authority citation for 7 CFR part 966 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Revise § 966.110 to read as follows: § 966.110 Order. *Order* means Order No. 966 (§§ 966.1 through 966.92) regulating the handling of tomatoes grown in Florida, also referenced in this part as *marketing order and agreement.* 3. Revise § 966.111 to read as follows: § 966.111 Marketing Agreement. The Marketing Agreement associated with Order No. 966 is Marketing Agreement No. 125. 4. Amend § 966.323 by revising paragraphs (a)(3)(i) and the last two sentences of paragraph

(g)to read as follows: § 966.323 Handling regulation.

(a)* * *

(3)* * *

(i)All tomatoes packed by a registered handler shall be packed in containers of 10, 20, and 25 pounds designated net weights. The net weight of the contents shall not be less than the designated net weight and shall not exceed the designated net weight by more than two pounds.

(g)* * * *U.S. tomato standards* means the revised United States Standards for Fresh Tomatoes (7 CFR 51.1855 through 51.1877) effective October 1, 1991, as amended, or variations thereof specified in this section, provided that § 51.1863 shall not apply to tomatoes covered by this part. Other terms in this section shall have the same meaning as when used in this part and the U.S. tomato standards. Dated: September 23, 2019. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2019-21015 Filed 11-1-19; 8:45 am]

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