Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-09-14.xml --- 85 178 Monday, September 14, 2020 Contents Agricultural Marketing Agricultural Marketing Service RULES Watermelon Research and Promotion Plan: Realignment, 56471-56475 2020-17581 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Food Safety and Inspection Service See Forest Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56615-56618, 56620-56621 2020-20213 2020-20214 2020-20215 Charter Amendment: Healthcare Infection Control Practices Advisory Committee, 56615 2020-20184 Meetings: Board of Scientific Counselors, Center for Preparedness and Response, 56618 2020-20187 Clinical Laboratory Improvement Advisory Committee, 56621-56622 2020-20182 Healthcare Infection Control Practices Advisory Committee, 56614-56615 2020-20183 Request for Information: A National Elastomeric Half Mask Respirator Strategy for Use in Healthcare Settings during an Infectious Disease Outbreak/Pandemic, 56618-56620 2020-20115 Coast Guard Coast Guard RULES Drawbridge Operations:

Belle River, LA, 56504 2020-19475 Safety Zones: Corpus Christi Ship Channel, Corpus Christi, TX, 56504 2020-19854 Victoria Barge Canal, Victoria, TX, 56504 2020-19853 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Commodity Credit Commodity Credit Corporation NOTICES Funds Availability:

Seafood Trade Relief Program, 56572-56575 2020-20143 Commodity Futures Commodity Futures Trading Commission RULES Cross-Border Application of the Registration Thresholds and Certain Requirements Applicable to Swap Dealers and Major Swap Participants, 56924-57016 2020-16489 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safety Standard for Bicycle Helmets, 56590-56591 2020-20196 Defense Department Defense Department See Engineers Corps See Navy Department PROPOSED RULES Federal Acquisition Regulation:

Maximizing Use of American-Made Goods, Products, and Materials, 56558-56569 2020-20116 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56591 2020-20146 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: Cambridge Isotype Lab, 56633-56634 2020-20160 Organix, Inc., 56633 2020-20162 Importer of Controlled Substances Application: Cerilliant Corp., 56631-56633 2020-20159 Novitium Pharma, LLC, 56634 2020-20161 Employment and Training Employment and Training Administration NOTICES Change in Status of the Extended Benefit Program:

Nevada, 56634 2020-20192 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedure for Fluorescent Lamp Ballasts, 56475-56498 2020-14646 Engineers Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56591-56592 2020-20145 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California;

San Joaquin Valley Unified Air Pollution Control District and Feather River Air Quality Management District, 56504 2020-17181 Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review, 57018-57072 2020-18114 NOTICES Charter Renewal: National Environmental Justice Advisory Council, 56603 2020-19764 Meetings: Mobile Sources Technical Review Subcommittee, 56602-56603 2020-20157 Proposed Settlement under CERCLA: Charlotte Bay Trading Co., 56602 2020-20139 Farm Service Farm Service Agency NOTICES Funds Availability:

Seafood Trade Relief Program, 56572-56575 2020-20143 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace: Guntersville, AL, 56504 2020-20109 NOTICES Charter Renewal: Aviation Rulemaking Advisory Committee, 56683 2020-20163 Meetings: Research, Engineering, and Development Advisory Committee, 56682-56683 2020-20141 Federal Communications Federal Communications Commission RULES Advanced Methods to Target and Eliminate Unlawful Robocalls, 56504 2020-17268 Rural Digital Opportunity Fund, Connect America Fund, 56504 2020-17728 PROPOSED RULES Petitions for Reconsideration of Action in Proceedings, 56549 2020-16883 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56603-56607 2020-20101 2020-20112 2020-20113 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affirmative Action Program Verification Interface, 56635-56636 2020-20105 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disaster Assistance Registration, 56625-56626 2020-20191 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56595-56597 2020-20166 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Correction, 56597-56598 2020-20170 Application: City of Watervliet, NY, 56594 2020-20164 Community of Elfin Cove Non Profit Corp., DBA Elfin Cove Utility Commission, 56599-56600 2020-20172 Sabine River Authority; LA, TX, 56593-56594 2020-20165 Town of Wells, NY, 56600-56601 2020-20173 Village of Gouverneur, NY, 56601-56602 2020-20171 Environmental Assessments;

Availability, etc.: North Baja Pipeline, LLC; North Baja XPress Project, 56598-56599 2020-20169 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: PPM Roaring Brook, LLC, 56594-56595 2020-20167 Petition for Declaratory Order: PennEast Pipeline Co., LLC, 56595 2020-20168 Federal Mediation Federal Mediation and Conciliation Service NOTICES Collaboration between Universities and the Federal Mediation and Conciliation Service, 56607 2020-20177 Student Award Program Announcement, 56607 2020-20174 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56607-56613 2020-20189 Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 56613 2020-20203 Food and Drug Food and Drug Administration NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension: TAKHZYRO, 56622-56623 2020-20104 Food Safety Food Safety and Inspection Service PROPOSED RULES Prior Label Approval System: Expansion of Generic Label Approval, 56538-56548 2020-17340 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity:

CoLinx, LLC (Tapered Roller Bearing Unit and Gearhead Kitting) Crossville, TN; Foreign-Trade Zone 148, Knoxville, TN: Authorization, 56577 2020-20219 Patheon Puerto Rico, Inc., (Pharmaceutical Products) Manati, PR; Foreign-Trade Zone 7, Mayaguez, PR: Proposed, 56577-56578 2020-20216 Rohr, Inc. (Aircraft Engine Parts) Foley and Loxley, AL; Foreign-Trade Zone 82, Mobile, AL: Authorization, 56578 2020-20218 Rohr, Inc. (Aircraft Engine Parts) San Marcos, TX; Foreign-Trade Zone 183, Austin, TX:

Authorization, 56578 2020-20217 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:: Federal and Non-Federal Financial Assistance Instruments, 56575-56576 2020-20195 Environmental Impact Statements; Availability, etc.: Tongass National Forest, Thorne Bay Ranger District, AK; Twin Mountain II Timber Sale, 56576-56577 2020-20190 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation:

Maximizing Use of American-Made Goods, Products, and Materials, 56558-56569 2020-20116 Protecting Life in Global Health Assistance, 56549-56557 2020-17551 NOTICES Methodologies to Identify Excess Personal Property, 56614 2020-18209 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56623-56624 2020-20136 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Affairs Indian Affairs Bureau NOTICES Meetings:

Advisory Board for Exceptional Children, 56626 2020-20185 Indian Employment, Training and Related Services Act, 56626-56627 2020-20186 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 56639-56640 2020-20225 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Limitation on Deduction for Business Interest Expense, 56686-56845 2020-16531 PROPOSED RULES Limitation on Deduction for Business Interest Expense:

Allocation of Interest Expense by Passthrough Entities; Dividends Paid by Regulated Investment Companies; Application of Limitation on Deduction for Business Interest Expense to United States Shareholders of Controlled Foreign Corporations and to Foreign Persons with Effectively Connected Income, 56846-56922 2020-16532 International Trade Adm International Trade Administration NOTICES Upcoming US-UK Financial Innovation Partnership

(FIP)Trade Mission to the United Kingdom and Education Trade Mission to India, 56578-56581 2020-20154 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Toner Cartridges, Components Thereof, and Systems Containing Same, 56628-56631 2020-20122 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration See Federal Contract Compliance Programs Office See Mine Safety and Health Administration Land Land Management Bureau NOTICES Realty Action: Segregation of Public Land for Proposed Non-Competitive (Direct) Sale in Moffat County, CO, 56627-56628 2020-20114 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazard Communication, 56636-56637 2020-20194 Mine Accident, Injury, and Illness Report and Quarterly Mine Employment and Coal Production Report, 56637-56638 2020-20193 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation: Maximizing Use of American-Made Goods, Products, and Materials, 56558-56569 2020-20116 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 56638-56639 2020-20108 National Credit National Credit Union Administration RULES Chartering and Field of Membership, 56498-56504 2020-16988 National Endowment for the Humanities National Endowment for the Humanities RULES Processes and Procedures for Issuing Guidance Documents, 56504 2020-18481 NOTICES Meetings: Humanities Panel, 56640-56641 2020-20140 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: National Cancer Institute, 56624 2020-20119 National Human Genome Research Institute, 56625 2020-20120 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Scup Fishery; Adjustment to the 2020 Winter II Quota, 56504 2020-20202 PROPOSED RULES General Provisions for Domestic Fisheries: Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit, 56569-56571 2020-19060 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Region Arbitration; Crab, 56583-56584 2020-20200 Pacific Islands Region Permit Family of Forms, 56587-56588 2020-20201 Endangered and Threatened Species: Take of Anadromous Fish, 56584 2020-20111 Meetings: Caribbean Fishery Management Council, 56587 2020-20207 Gulf of Mexico Fishery Management Council, 56586-56587 2020-20198 New England Fishery Management Council, 56581-56583 2020-20208 North Pacific Fishery Management Council, 56585 2020-20205 Ocean Exploration Advisory Board, 56588-56589 2020-20117 Pacific Fishery Management Council, 56584-56586 2020-20197 2020-20199 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 56628 2020-20188 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Clearance Process for Deployment to the Polar Regions, 56641-56642 2020-20227 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Internet Use Survey, 56589 2020-20204 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56592-56593 2020-20147 2020-20148 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Physical Security for Advanced Reactors, 56548-56549 2020-19907 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Concise Note; Nuclear Material Transaction Report; Material Balance Report; and Physical Inventory Listing, 56642-56643 2020-20138 Patent Patent and Trademark Office NOTICES Performance Review Board, 56589-56590 2020-20181 Personnel Personnel Management Office PROPOSED RULES Temporary and Term Employment, 56536-56538 2020-20038 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Trading With the Enemy Act; Continuation of Certain Authorities (Presidential Determination No. 2020-10 of September 9, 2020), 57073-57075 2020-20377 PBRB Public Buildings Reform Board NOTICES Meetings: Progress on Selling the High Value Assets and Preparations for the Upcoming First Round of Recommendations, etc., 56643-56644 2020-20175 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 56658 2020-20271 Program for Allocation of Regulatory Responsibilities; Filing and Order: Financial Industry Regulatory Authority, Inc., Miami International Securities Exchange, LLC, MIAX PEARL, LLC, and MIAX Emerald, LLC, 56645-56653 2020-20132 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 56644-56645 2020-20124 Cboe BZX Exchange, Inc., 56678-56679 2020-20125 Cboe EDGA Exchange, Inc., 56657-56658 2020-20121 Cboe EDGX Exchange, Inc., 56675-56676 2020-20123 Cboe Exchange, Inc., 56658-56661 2020-20133 MEMX, LLC, 56672-56675 2020-20129 Miami International Securities Exchange, LLC, 56668-56672 2020-20130 Nasdaq BX, Inc., 56677-56678 2020-20128 Nasdaq PHLX, LLC, 56661-56662 2020-20127 NYSE Arca, Inc., 56653-56656 2020-20131 The Nasdaq Stock Market, LLC, 56663-56668 2020-20126 Small Business Small Business Administration NOTICES Major Disaster Declaration: Louisiana, 56680 2020-20106 Michigan; Amendment, 56680 2020-20107 Social Social Security Administration NOTICES Senior Executive Service Performance Review Board Membership, 56680 2020-20176 State Department State Department NOTICES Certification Related to Foreign Military Financing under the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020: Colombia, 56682 2020-20210 Delegation of Functions and Authorities: Part II of the Maritime SAFE Act, 56682 2020-20212 Meetings: Advisory Commission on Public Diplomacy, 56682 2020-20220 Cultural Property Advisory Committee; Additional Agenda Item, 56680-56681 2020-20155 President's Emergency Plan for AIDS Relief Scientific Advisory Board, 56681 2020-20180 Proposal to Extend Cultural Property Agreement between the United States and Bolivia, 56681 2020-20156 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 56686-56922 2020-16531 2020-16532 Part III Commodity Futures Trading Commission, 56924-57016 2020-16489 Part IV Environmental Protection Agency, 57018-57072 2020-18114 Part V Presidential Documents, 57073-57075 2020-20377 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. 85 178 Monday, September 14, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1210 [Document Number AMS-SC-19-0109] Watermelon Research and Promotion Plan; Realignment AGENCY: Agricultural Marketing Service. ACTION: Final rule. SUMMARY: This rule realigns the representation on the National Watermelon Promotion Board (Board) under the Agricultural Marketing Service's

(AMS)regulations regarding a national research and promotion program for watermelons. This rule reduces the number of production districts and the number of importers on the Board, accordingly. This rule also makes administrative changes to other provisions of the Watermelon Research and Promotion Plan (Plan). DATES: Effective October 14, 2020. FOR FURTHER INFORMATION CONTACT: Stacy Jones King, Agricultural Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone:

(202)731-2117; facsimile:

(202)205-2800; or electronic mail: *Stacy.JonesKing@usda.gov.* SUPPLEMENTARY INFORMATION: This final rule affecting 7 CFR part 1210 is authorized under the Watermelon Research and Promotion Act

(Act)(7 U.S.C. 4901-4916). The Watermelon Research and Promotion Plan is codified at 7 CFR part 1210. Executive Orders 12866, 13563, and 13771 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 final rule falls within a category of regulatory actions that the Office of Management and Budget

(OMB)exempted from Executive Order 12866 review. Additionally, because this 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). Executive Order 13175 This final rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this rule will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Under section 1650 of the Act (7 U.S.C. 4909), a person subject to an order may file a written petition with USDA stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan, is not established in accordance with the law, and request a modification thereof or an exemption therefrom. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. If the petitioner disagrees with USDA's ruling, the petitioner may file, within 20 days, an appeal in the U.S. District Court for the district where the petitioner is an inhabitant or in which the person's principal place of business is located. Background This rule realigns the Board's representation and procedures under the Plan. The realignment reduces the number of production districts under the Plan for producer and handler representation on the Board, and proportionally reduces the number of importer seats from twelve to nine. The Board administers the Plan with oversight by USDA. Under the Plan, assessments are collected from watermelon producers, handlers and importers. The assessments are used to strengthen watermelon's position in the marketplace and to establish, maintain, and expand markets for watermelons. Board Membership Currently, § 1210.320(a) specifies that the Board shall be comprised of producers, handlers, importers and one public representative appointed by the Secretary. Pursuant to § 1210.320(b), the Plan originally divided the United States into seven districts of comparable production volumes of watermelons, and each district is allocated two producer members and two handler members. Section 1210.320(d) specifies that importer representation on the Board shall be proportionate to the percentage of assessments paid by importers to the Board, except that at least one representative of importers shall serve on the Board. The current Board is comprised of 41 members—14 producers (two from each district), 14 handlers (two from each district), 12 importers, and one public member. Review of U.S. Production Section 1210.320(c) requires the Board, at least every five years, to review the districts to determine whether realignment is necessary. In conducting the review, the Board must consider:

(1)The most recent three years of USDA production reports or Board assessment reports if USDA production reports are unavailable;

(2)shifts and trends in quantities of watermelon produced, and

(3)other relevant factors. As a result of the review, the Board may recommend to USDA that the districts be realigned. Pursuant to section 1210.501, the seven current districts are as follows: *District 1* —The State of Florida; *District 2* —The States of Kentucky, North Carolina, South Carolina, Tennessee, Virginia and West Virginia; *District 3* —The State of Georgia; *District 4* —The States of Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Wisconsin, and Washington, DC; *District 5* —The State of California; *District 6* —The State of Texas; *District 7* —The States of Alabama, Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming. The districts listed above were recommended by the Board in 2016 and established through rulemaking by USDA in 2017 (82 FR 44966). In 2019, the Board's Executive Committee conducted a review of the U.S. watermelon production districts to determine whether realignment was necessary. The committee held teleconferences on August 14 and September 11, 2019, and reviewed production data for 2016, 2017 and 2018 from USDA's National Agricultural Statistics Service's

(NASS)Vegetables Annual Summary for 2018 and Market News Reports. Due to changes in the geographical coverage of USDA's data collection on watermelon production, Board assessment data was used for the states for which USDA data was not available. To protect personally identifiable information

(PII)of watermelon producers and handlers, the average of 2016-2018 assessment data was converted to a percentage of production. The combined data is shown in Table 1 below. Table 1—State Production Based on USDA and Board Assessment Data 2016-2018 State Percent of 3-year average of U.S. production Alabama 0.2 Arizona 2.9 Arkansas 0.8 California 13.8 Colorado 0.4 Delaware 2.8 Florida 17.9 Georgia 18.0 Hawaii 0.1 Illinois 1.8 Indiana 10.6 Kentucky 0.2 Louisiana 0.1 Maryland 1.9 Michigan 2.3 Mississippi 0.2 Missouri 4.3 Nebraska 0.2 New Mexico 0.6 New York 0.6 North Carolina 4.0 Ohio 0.1 Oklahoma 0.2 Oregon 1.0 South Carolina 1.8 Texas 11.8 Virginia 0.3 Washington 1.1 Upon review, the Board, at its October 26, 2019 meeting, recommended a reduction in the number of U.S. production districts from seven to five, resulting in a total of ten producer members and ten handler members. The proposed action recommended eliminating two districts, retaining two districts as drawn, and creating three new production districts as follows: *District 1* —The State of Florida (no change); *District 2* —The State of Georgia (formerly District 3). *District 3* —The States of Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas. *District 4* —The States of Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, Wisconsin, and Washington, DC. *District 5* —The States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. 1 Table values were rounded to the nearest percent. As shown in Table 2, each district will represent close to 20 percent of the total U.S. production, with a range of approximately 18 to 24.5 percent. USDA has reviewed NASS, Market News, and Board assessment data, and as shown in Table 2, determined that the production estimates are consistent with the Board's recommendation. Table 2—Percent of U.S. Production by District 1 District Board data (%) USDA analysis (%) Difference (%) 1 17.8 18.2 +0.4 2 18.0 18.0 None 3 19.0 19.2 +0.2 4 20.6 20.7 +0.1 5 24.5 23.9 −0.6 Section 1210.501 will be revised accordingly. Review of Imports Section 1210.320(e) requires USDA to evaluate the average annual percentage of assessments paid by importers during the three-year period preceding the date of the evaluation and adjust, to the extent practicable, the number of importer representatives on the Board. Table 4 below shows domestic and import assessment data for watermelons for the years 2016, 2017 and 2018. The data is from the Board's financial audits for 2016, 2017 2 and 2018. 2 National Watermelon Promotion Board, Financial Statements and Supplementary Information, Years Ending March 31, 2016, 2017, and 2018, BDO USA, LLP. Table 4—U.S. and Import Assessment Data for 2016-2018 Year Domestic (U.S.) assessments Import assessments Total 2016 $2,319,704 $1,172,834 $3,492,538 2017 2,347,522 1,049,875 3,397,397 2018 2,311,116 1,041,244 3,352,360 3-Year Average 2,326,114 1,087,984 3,414,098 Percent of Total 68 percent 32 percent Based on this data, the three-year average annual import assessments for watermelons for 2016-2018 was $1,087,984, approximately 32 percent of the Board's assessment income. To make the number of importers on the Board proportionate to the assessments paid as well as to the percentages of U.S. watermelon produced by the reduced number of production districts, the number of importers should decrease from twelve to nine members. With this amendment, the new composition of board membership will be reflected in section 1210.502. According to the Board, this action will accurately reflect the distribution of the production and handling of watermelons, and the resulting reduced number of producer, handler, and importer seats will contribute to the effective administration of the program. Final Regulatory Flexibility Act Analysis In accordance with the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS is required to examine the economic impact of this rule 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 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 $1,000,000 and small agricultural service firms (handlers and importers) as those having annual receipts of no more than $30 million. According to the Board, there are 505 producers, 140 handlers, and 252 importers who were required to pay assessments under the Plan in 2018. NASS data for the 2018 crop year estimated about 350.5 hundredweight (cwt.) of watermelons were produced per acre in the United States, and the 2018 grower price was $16.90 per cwt. 3 Thus, the value of watermelon production per acre in 2018 averaged about $5,923 (350.5 cwt. × $16.90). At that average valuation, a producer would have to farm over 169 acres to receive an annual income from watermelons of $1,000,000 ($1,000,000 divided by $5,923 per acre equals approximately 169 acres). Using 2017 USDA Census of Agriculture data, a maximum of 373 farms had watermelon acreage greater than or equal to 100 acres, and 13,147 out of a total of 13,520 farms producing watermelons reported less than 100 acres of watermelon on their farms. 4 Therefore, assuming watermelon producers operate no more than one farm, a majority of all U.S. watermelon farms would be classified as small businesses. 3 Vegetables, 2018 Summary, March 2019, USDA, p. 10.; *https://downloads.usda.library.cornell.edu/usda-esmis/files/02870v86p/gm80j322z/5138jn50j/vegean19.pdf.* 4 2017 Census of Agriculture, April 11, 2019, USDA, National Agricultural Statistics Service, p. 39; *https://www.nass.usda.gov/Publications/AgCensus/2017/Full_Report/Volume_1,_Chapter_1_US/usv1.pdf.* Also based on the Board's data, using a price of $0.169 per pound and the number of pounds handled annually, none of the watermelon handlers have receipts over the $30 million threshold. 5 6 Therefore, all watermelon handlers will be considered small businesses. A handler would have to ship over 177 million pounds of watermelons to be considered large (177,514,793 × $0.169 f.o.b. equals approximately $30,000,000). 5 Vegetables, 2018 Summary, March 2019, USDA, *https://downloads.usda.library.cornell.edu/usda-esmis/files/02870v86p/gm80j322z/5138jn50j/vegean19.pdf.* 6 National Watermelon Promotion Board assessment records, 2016-2018. Based on 2018 Customs data, over 99 percent of watermelon importers shipped less than $30 million worth of watermelons that year. Based on the above-mentioned data the majority of watermelon producers, handlers and importers that will be affected by this rule will be classified as small entities. Regarding the value of the commodity, based on 2018 NASS data, the value of the U.S. watermelon crop was about $656.6 million. 7 According to Customs data, the value of 2018 imports was about $312.4 million. 7 Vegetables, 2018 Summary, March 2019, USDA, p. 10. The rule revises sections 1210.321, 1210.403, 1210.501 and 1210.502 of the Plan to reduce the number of U.S. production districts from seven to five, thus eliminating two districts, retaining two districts as drawn, and creating three new districts. Accordingly, section 1210.320 requires the number of importer members to also decrease proportionately from 12 to 9 members, for a total of 30 Board members. The revisions are administrative in nature; therefore, there should be no economic impact on producers, handlers, or importers. Under the program, the United States is currently divided into seven districts of comparable production volumes of watermelons, and each district is allocated two producer members and two handler members. Further, importer representation on the Board must be, to the extent practicable, proportionate to the percentage of assessments paid by importers, except there must be at least one importer on the Board. Regarding the economic impact of the proposed rule on affected entities, neither the reduction in the number of production districts nor the reduction in Board membership imposes any additional costs on industry members. The recommended changes are necessary to improve the Board's ability to ensure both a quorum at Board meetings and a sufficient number of potential nominees. Further, the accompanying reduction of importer seats from twelve to nine provides for the equitable representation of producers, handlers and importers on the Board. Regarding alternatives, the Board considered another scenario in realigning the districts. This scenario (Scenario 1) would have divided the U.S. into four production districts as follows: District 1 would be comprised of the States of Florida, North Carolina, and South Carolina; District 2 would be comprised of the States of Connecticut, Delaware, Georgia, Maryland, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and Washington, DC; District 3 would be comprised of the States of Alabama, Arkansas, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Ohio, Oklahoma, Tennessee, and Texas. District 4 would be comprised of the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming. In accordance with the Plan, both scenarios preserve the composition of 2 producers and 2 handlers per district. Ultimately the Board recommended Scenario 2 at their October 26, 2019, retaining the State of Florida as District 1, changing the district designation for Georgia from District 3 to District 2, and creating new Districts 3, 4, and 5. The changes to the size of the Board, number of production districts, and number of importer members are administrative in nature and have no economic impact on entities covered under the program. As some producers and handlers operate in multiple districts, they would be able to seek nomination for a district of their choice. Reporting and Recordkeeping Requirements In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Plan's information collection requirements have been previously approved by OMB under OMB control number 0581-0093. This rule does not result in a change to the information collection and recordkeeping requirements previously approved and does not impose additional reporting requirements or recordkeeping burden on domestic producers, handlers, or importers of watermelon. As with all Federal research and promotion programs, reports and forms are periodically reviewed to reduce 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 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. The Board met on October 26, 2019, and recommended realignment of the Board by reducing the number of production districts and proportionally reducing the number of importer seats on the Board from twelve to nine. A proposed rule concerning this action was published in the **Federal Register** on April 27, 2020 (85 FR 23248). A 30-day comment period ending May 27, 2020, was provided to allow interested persons to submit comments. Analysis of Comments Eleven comments were received in response to the proposed rule. Of those eleven comments, ten supported the proposed realignment and reduction in production districts and the reduction of three importer seats. One comment expressed concerns with the proposal. The comments that supported the proposed changes concur that the proposal accurately reflects changes in the volume of imports and the geographical distribution of watermelon production in the United States. Further, the consolidation of some districts also reflects consolidations throughout the watermelon industry and will make it easier for the Board to find qualified candidates to fill vacancies. Several commenters mentioned that as an added benefit, the reduction in Board membership will also reduce costs for Board meetings, thereby leaving more funds available for watermelon research and promotion activities. One comment expressed concerns with the proposed rule. The commenter expressed concern that the justification for the Board's recommendation was ambiguous because the “other relevant factors” considered as part of the § 1210.320(c) review were not formally defined or explained in the proposal. At its October 26, 2019 Board meeting, which was open to the public, the Board discussed three relevant factors in addition to the production and import data presented in the proposal. First, Board members shared their observations that consolidation in the watermelon industry over the past decade had substantially reduced the number of eligible producers and handlers in the production districts as they are currently drawn. A related issue also discussed was the fact that despite concerted outreach efforts, obtaining enough candidates and nominees to be considered for appointment to the Board had become extremely difficult in recent years. Finally, several members observed that attendance at Board meetings has declined to the point where it is consistently difficult to ensure a quorum. No changes have been made to the proposed rule based on the comments received. After consideration of all relevant matters presented, including the information and recommendation submitted by the Board, the comments received, and other relevant information, it is hereby found that this rule, as hereinafter set forth, is consistent with and would effectuate the purposes of the Act. List of Subjects in 7 CFR Part 1210 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Reporting and recordkeeping requirements, Watermelon promotion. For the reasons set forth in the preamble, 7 CFR part 1210 is amended as follows: PART 1210—WATERMELON RESEARCH AND PROMOTION PLAN 1. The authority citation for 7 CFR part 1210 continues to read as follows: Authority: 7 U.S.C. 4901-4916 and 7 U.S.C. 7401. Subpart C—Rules and Regulations 2. In § 1210.321, revise paragraph (f)(1) to read as follows: § 1210.321 Realignment of districts.

(f)* * *

(1)No State in a multi-State district shall have more than three producer and handler representatives concurrently on the Board. 3. In § 1210.403, revise paragraph

(c)to read as follows: § 1210.403 Voting Procedures.

(c)In multi-State districts, the convention chairperson will direct the eligible producer voters and handler voters from each State to caucus separately for the purpose of electing a State spokesperson for each group. Election of each State spokesperson shall be by simple majority of all individual voters in attendance. In lieu of written ballots, a State spokesperson may be elected by voice vote or a show of hands. The role of the State spokesperson is to coordinate State voting and to cast all State votes. 4. Revise § 1210.501 to read as follows: § 1210.501 Realignment of districts. In accordance with § 1210.320(c) of the Plan, the districts shall be as follows:

(a)*District 1* —The State of Florida.

(b)*District 2* —The State of Georgia.

(c)*District 3* —The States of Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas.

(d)*District 4* —The States of Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, Wisconsin, and Washington, DC.

(g)*District 5* —The States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. 5. Revise § 1210.502 to read as follows: § 1210.502 Board members. The Board consists of 10 producers, 10 handlers, nine importers, and one public member appointed by the Secretary. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020-17581 Filed 9-11-20; 8:45 am]

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