Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-11-18.xml --- 86 220 Thursday, November 18, 2021 Contents Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rate: Domestic Dates Produced or Packed in Riverside County, CA, 64343-64345 2021-25115 PROPOSED RULES Increased Assessment Rate: Texas Oranges and Grapefruit, 64408-64410 2021-25116 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs:

Quarterly Listing of Program Issuances—July through September 2021, 64492-64506 2021-25103 Coast Guard Coast Guard RULES Safety Zone: Haro Strait, San Juan County, WA, 64372-64373 2021-25198 Steak Restaurant Fireworks, San Francisco Bay, San Francisco, CA, 64369-64371 2021-25142 Umbach Fireworks Scattering, Yellow Bluff San Francisco Bay, Sausalito, CA, 64373-64376 2021-25141 Special Local Regulation: Seminole Hard Rock Winterfest Holiday Boat Parade, 64369 2021-25149 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act;

Systems of Records, 64448-64452 2021-25136 Commodity Futures Commodity Futures Trading Commission RULES Changing Position Title of Judgment Officer to Administrative Judge, 64349-64362 2021-24449 Comptroller Comptroller of the Currency NOTICES Joint Report: Differences in Accounting and Capital Standards Among the Federal Banking Agencies as of September 30, 2021; Report to Congressional Committees, 64475-64477 2021-25159 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Carriages and Strollers, 64345-64349 2021-25140 Corporation Corporation for National and Community Service NOTICES Privacy Act;

Systems of Records, 64458-64462 2021-24868 Defense Department Defense Department RULES Federal Acquisition Regulation: Revision of Definition of Commercial Item; Correction, 64407 2021-25028 Protection of Privacy and Access to and Amendment of Individual Records under the Privacy Act; Technical Amendment, 64367-64369 2021-25067 Drug Drug Enforcement Administration RULES Designation as a List I Chemical: Methyl alpha-phenylacetoacetate, a Precursor Chemical Used in the Illicit Manufacture of Phenylacetone, Methamphetamine, and Amphetamine, 64362-64366 2021-24952 NOTICES Decision and Order:

Pronto Pharmacy, LLC, 64714-64746 2021-25133 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 21st Century Community Learning Centers Annual Performance Report, 64462 2021-25148 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64528-64529 2021-25162 Proposed Exemptions: Certain Prohibited Transaction Restrictions, 64688-64711 2021-25139 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants:

Flexible Polyurethane Foam Fabrication Operations Residual Risk and Technology Review and Flexible Polyurethane Foam Production and Fabrication Area Source Technology Review, 64385-64407 2021-24019 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Washington; Update to the Yakima Regional Clean Air Agency Wood Heater and Burn Ban Regulations, 64438-64440 2021-25042 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus SAS Airplanes, 64416-64419 2021-25072 Medical Certification Standards for Commercial Balloon Operations, 64419-64438 2021-24141 Federal Communications Federal Communications Commission PROPOSED RULES Internet Protocol Relay Service Compensation Methodology, 64440-64444 2021-24945 Federal Deposit Federal Deposit Insurance Corporation NOTICES Joint Report: Differences in Accounting and Capital Standards Among the Federal Banking Agencies as of September 30, 2021; Report to Congressional Committees, 64475-64477 2021-25159 Termination of Receivership, 64468 2021-25105 Federal Energy Federal Energy Regulatory Commission NOTICES Application Amendment and Establishing Intervening Deadline:

Driftwood Pipeline, LLC, 64464-64465 2021-25178 Combined Filings, 64465-64467 2021-25174 Environmental Impact Statements; Availability, etc.: Iroquois Gas Transmission System, LP; Proposed Enhancement by Compression Project, 64467-64468 2021-25179 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Dunns Bridge Solar Center, LLC, 64463 2021-25175 Innovative Owner 43, LLC, 64462-64463 2021-25176 Meetings: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection;

Further Supplemental Notice of Technical Conference, 64463-64464 2021-25177 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Privacy Act; Systems of Records, 64468-64475 2021-25184 2021-25189 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Entry-Level Driver Training; Ohio Department of Education, 64591-64593 2021-25118 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 64478 2021-25180 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 64477-64478 2021-25195 Joint Report:

Differences in Accounting and Capital Standards Among the Federal Banking Agencies as of September 30, 2021; Report to Congressional Committees, 64475-64477 2021-25159 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Privacy Act; Systems of Records, 64478-64481 2021-24712 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64491-64492 2021-25104 Petition for Prior Approval: Sartorius Stedim Biotech S.A.'s Proposed Acquisition of Novasep Process SAS's Chromatography Equipment Business, 64481-64491 2021-25150 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Central California Distinct Population Segment of the California Tiger Salamander; Churchill Family Properties Residential Development Project, San Benito County, CA: Draft Habitat Conservation Plan and Draft Categorical Exclusion, 64522-64523 2021-25120 Incidental Take Permit Application and Proposed Habitat Conservation Plan: Scrub-Jay, Volusia County, FL; Categorical Exclusion, 64521-64522 2021-25119 Food and Drug Food and Drug Administration NOTICES Withdrawal of Approval of Abbreviated New Drug Applications:

Discovery Therapeutics, LLC, et al., 64506 2021-25111 Food and Nutrition Food and Nutrition Service NOTICES Request for Information: Center for Women, Infants, and Children Modernization and Delivery, 64445-64446 2021-25145 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: AbbVie, Inc., Foreign-Trade Zone 22, Chicago, IL, 64452-64453 2021-25186 Forest Forest Service NOTICES Meetings: Del Norte County Resource Advisory Committee, 64446-64447 2021-25106 Southwest Montana Resource Advisory Committee, 64448 2021-25107 Tri-County Resource Advisory Committee, 64447 2021-25108 General Services General Services Administration RULES Federal Acquisition Regulation:

Revision of Definition of Commercial Item; Correction, 64407 2021-25028 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Housing Counseling Notice of Funding Opportunity, 64514-64515 2021-25143 Privacy Act; Systems of Records, 64511-64521 2021-25109 2021-25114 2021-25117 Industry Industry and Security Bureau NOTICES Publication of a Report on the Effect of Imports of Transformers and Transformer Components on the National Security: An Investigation Conducted under the Trade Expansion Act, as Amended, 64606-64685 2021-24958 Report on the Effect of Imports of Vanadium on the National Security: An Investigation Conducted under the Trade Expansion Act, as Amended, 64748-64789 2021-24957 Interior Interior Department See Fish and Wildlife Service See Office of Natural Resources Revenue International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Cased Pencils from the People's Republic of China, 64453-64454 2021-25187 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Tissue Paper Products from China, 64527 2021-25196 Certain Variable Speed Wind Turbine Generators and Components Thereof, 64525-64527 2021-25134 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country, 64528 2021-25157 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration See Workers Compensation Programs Office NASA National Aeronautics and Space Administration NOTICES Intent To Grant a Partially Exclusive Patent License, 64531 2021-25137 Intent To Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License, 64530-64531 2021-25144 National Archives National Archives and Records Administration RULES Federal Acquisition Regulation:

Revision of Definition of Commercial Item; Correction, 64407 2021-25028 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 64531-64532 2021-25131 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance: Michelin North America, Inc., 64595-64597 2021-25113 Transamerica Tire Co.

Ltd., 64593-64595 2021-25112 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 64506-64507 2021-25161 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 64454-64455 2021-25165 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 64457-64458 2021-25164 Gulf of Mexico Fishery Management Council, 64455 2021-25155 New England Fishery Management Council, 64455-64457 2021-25156 Permit Application:

Marine Mammals; File No. 22187, 64457 2021-25151 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 64532 2021-25110 Meetings; Sunshine Act, 64532 2021-25223 Occupational Safety Health Adm Occupational Safety and Health Administration RULES COVID-19 Vaccination and Testing; Emergency Temporary Standard; Ratification of Department's Actions, 64366-64367 2021-25167 Occupational Safety Health Rev Occupational Safety and Health Review Commission NOTICES Privacy Act;

System of Records, 64532-64534 2021-25166 Investment Security Office of Investment Security PROPOSED RULES Regulations Pertaining to Certain Investments in the United States by Foreign Persons and Regulations Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States, 64438 C1-2021-24597 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Oil and Gas Valuation, 64523-64525 2021-24341 Postal Service Postal Service RULES Domestic Competitive Products Pricing and Mailing Standards Changes, 64376-64384 2021-25059 Presidential Documents Presidential Documents EXECUTIVE ORDERS Infrastructure Investment and Jobs Act;

Implementation (EO 14052), 64335-64336 2021-25286 Native Americans and Indigenous People; Efforts to Improve Public Safety and Criminal Justice and Address the Crisis of the Missing and Murdered (EO 14053), 64337-64341 2021-25287 ADMINISTRATIVE ORDERS Nicaragua; Continuation of National Emergency (Notice of November 16, 2021), 64791-64793 2021-25340 Railroad Retirement Railroad Retirement Board NOTICES 2022 Railroad Experience Rating Proclamations, Monthly Compensation Base and Other Determinations, 64534-64536 2021-25154 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64536, 64566-64570, 64575 2021-25170 2021-25171 2021-25172 2021-25173 Meetings: Investor Advisory Committee, 64569 2021-25188 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 64554-64556 2021-25126 Cboe BZX Exchange, Inc., 64539-64552 2021-25129 Investors Exchange, LLC, 64552-64554 2021-25128 New York Stock Exchange, LLC, 64561-64566 2021-25125 NYSE American, LLC, 64580-64585 2021-25127 NYSE Arca, Inc., 64570-64575 2021-25124 NYSE Chicago, Inc., 64556-64561 2021-25123 NYSE National, Inc., 64576-64580 2021-25122 The Nasdaq Stock Market, LLC, 64536-64539 2021-25130 Small Business Small Business Administration PROPOSED RULES Past Performance Ratings for Small Business Joint Venture Members and Small Business First-Tier Subcontractors, 64410-64416 2021-25002 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64585-64590 2021-25138 Trade Representative Trade Representative, Office of United States NOTICES Termination of Actions in Digital Services Tax Investigations of Austria, France, Italy, Spain, and the United Kingdom and Further Monitoring, 64590-64591 2021-25199 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration NOTICES Privacy Act;

Systems of Records, 64597-64600 2021-25153 Treasury Treasury Department See Comptroller of the Currency See Office of Investment Security NOTICES Terrorism Risk Insurance Program 2022 Data Call, 64600-64603 2021-25181 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Permission to Reapply for Admission into the United States After Deportation or Removal, 64510-64511 2021-25193 Application for Temporary Protected Status, 64509-64510 2021-25194 Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Arrival and Departure Record, Nonimmigrant Visa Waiver Arrival/Departure, Electronic System for Travel Authorization, 64508-64509 2021-25147 Electronic Visa Update System, 64507-64508 2021-25146 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Loan Electronic Reporting Interface System, 64603-64604 2021-25197 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Uniform Billing Form, 64529-64530 2021-25163 Separate Parts In This Issue Part II Commerce Department, Industry and Security Bureau, 64606-64685 2021-24958 Part III Labor Department, Employee Benefits Security Administration, 64688-64711 2021-25139 Part IV Justice Department, Drug Enforcement Administration, 64714-64746 2021-25133 Part V Commerce Department, Industry and Security Bureau, 64748-64789 2021-24957 Part VI Presidential Documents, 64791-64793 2021-25340 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. 86 220 Thursday, November 18, 2021 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Doc. No. AMS-SC-21-0056; SC21-987-1 FR] Domestic Dates Produced or Packed in Riverside County, California;

Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule implements a recommendation from the California Date Administrative Committee (Committee) to increase the assessment rate for the 2020-21 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective December 20, 2021. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior Marketing Specialist, West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA;

Telephone:

(503)326-2724, or Email: *Barry.Broadbent@usda.gov.* Small businesses may request information on complying with this regulation by contacting Richard Lower, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, or Email: *Richard.Lower@usda.gov.* SUPPLEMENTARY INFORMATION: This action, 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 Order No. 987, as amended (7 CFR part 987), regulating the handling of domestic dates produced or packed in Riverside County, California. Part 987, (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 Order and is comprised of producers and producer-handlers operating within the area of production. The Department of Agriculture

(USDA)is issuing this final 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 action falls within a category of regulatory actions that the Office of Management and Budget

(OMB)exempted from Executive Order 12866 review. This final rule has been reviewed under Executive Order 13175—Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications. The Agricultural Marketing Service

(AMS)has determined that this rule is unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, California date handlers are subject to assessments. Funds to administer the Order are derived from such assessments. The assessment rate is applicable to all assessable dates for the 2020-21 crop year, and will continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act (7 U.S.C. 608(15)(A)), any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such 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. The Order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members are familiar with the Committee's needs and with the costs of goods and services in their local area and can formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. This rule increases the assessment rate from $0.15 per hundredweight, the rate that was established for the 2018-19 and subsequent crop years, to $0.20 per hundredweight of dates handled for the 2020-21 and subsequent crop years. The Committee recommended the increased assessment rate to compensate for increasing administrative expenses. The higher assessment rate will provide sufficient funds to cover most of the 2020-21 crop year anticipated expenses, with the balance coming from other income and the Committee's financial reserve. The Committee met on June 25, 2020, and unanimously recommended increasing the assessment rate from $0.15 per hundredweight to $0.20 per hundredweight to fund necessary administrative expenses and maintain a sufficient operating reserve. The assessment rate increase will provide sufficient funds to cover most of the Committee's 2020-21 crop year budgeted expenses, with the balance coming from other revenue sources and reserve funds. The Committee estimates the 2020-21 domestic date crop to be 32,000,000 pounds (320,000 hundredweight), which is expected to generate $64,000 in assessment income at the $0.20 per hundredweight assessment rate. The Committee anticipates other income of approximately $5,000. Total income of $69,000, combined with $6,250 from the financial reserve, will provide enough funds to cover 2020-21 crop year budgeted expenditures. Reserve funds remaining at the end of the 2020-21 crop year are expected to be $28,750. The Committee's budget for the 2020-21 crop year is estimated to be $75,250. The Committee's expenses include $47,000 for management, $19,250 for office administration, and $9,000 for the financial audit. In comparison, the previous crop year's total budget was $74,200, and the administrative expenses were $43,000, $21,200, and $10,000, respectively. The assessment rate recommended by the Committee was derived by considering anticipated expenses, the expected volume of dates handled, and the amount of funds available in the operating reserve. Income derived from handler assessments of $64,000 (320,000 hundredweight assessed at a rate of $0.20 per hundredweight) will be adequate to cover most of the Committee's budgeted expenses of $75,250, with the balance covered from $5,000 in other income and $6,250 from reserve funds. After expending $6,250, the ending 2020-21 crop year balance in the financial reserve is expected to be $28,750, which would be less than the average of the annual expenses of the preceding five years as mandated by § 987.72(d). The assessment rate established by this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Meetings are public and held virtually or in a hybrid style with participants having a choice whether to attend in person or virtually. All interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's budget for subsequent crop years will be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this rule 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 70 date producers in the production area and 11 date handlers subject to regulation under the Order. The Small Business Administration defines small agricultural producers as those having annual receipts of less than $1,000,000, and small agricultural service firms as those whose annual receipts are less than $30,000,000. (13 CFR 121.201) According to the National Agricultural Statistics Service (NASS), data for the most-recently completed crop year

(2019)shows that the producer price for fresh market California dates was $4,130 per ton. With the estimated 16,000-ton crop, the total farm gate value for California date producers was approximately $66,080,000 (16,000 times $4,130). Therefore, the average fresh market date revenue for the 70 producers within the production area is approximately $944,000 ($66,080,000 divided by 70). Thus, assuming a normal bell-curve distribution of receipts among producers, AMS estimates the majority of producers would qualify as small businesses under the SBA definition. Furthermore, USDA Market News reported an average terminal market price of $50.88 per 11-pound carton for the 2019-20 crop year. With approximately 32,000,000 pounds handled, the industry would have shipped an estimated 2,909,091 11-pound cartons (32,000,000 divided by 11) of packaged dates for a total value of $148,014,550 (2,909,091 times $50.88). With 11 date handlers within the production area, the average revenue per handler is estimated to be $13,455,868 for the 2019-20 crop year ($148,014,550 divided by 11). Thus, most California date handlers would be considered small businesses under the SBA definition. This final rule increases the assessment rate collected from handlers for the 2020-21 and subsequent crop years from $0.15 to $0.20 per hundredweight of dates handled. The Committee unanimously recommended 2020-21 crop year expenditures of $75,250 and an assessment rate of $0.20 per hundredweight of dates, which is $0.05 higher than the rate currently in effect. The quantity of assessable dates for the 2020-21 crop year is estimated to be 32,000,000 pounds (320,000 hundredweight). The $0.20 per hundredweight assessment rate is expected to provide $64,000 in assessment income. Income derived from handlers' assessments, plus $5,000 of other income and $6,250 from the Committee's authorized reserve, will be adequate to cover the Committee's budgeted expenses for the 2020-21 crop year. The total budget recommended by the Committee for the 2020-21 crop year is $75,250, compared to $74,200 for the 2019-20 crop year. The Committee recommended the higher assessment rate to fully fund ongoing program expenses without depleting its operating reserve. The income generated from the higher assessment rate, combined with other income and a small amount from the financial reserve, will be sufficient to cover anticipated 2020-21 expenses and to maintain a financial reserve within the limit specified by the Order. Section 987.72(d) states that the Committee may maintain an operating monetary reserve not to exceed the average of one year's expenses incurred during the most recent five preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. The Committee estimated that funds in its reserve were approximately $35,000 at the beginning of the 2020-21 crop year. It expects to utilize $6,250 of the reserve during the year, leaving a reserve of approximately $28,750 to start the 2021-22 crop year, which would be within the limit specified in the Order. The Committee reviewed and unanimously recommended 2020-21 crop year expenditures of $75,250. The Committee considered several factors before making its recommendation, including the size of the anticipated 2020-21 crop, the Committee's estimated 2020-21 reserve carry-in, other sources of income, and its anticipated expenses. Further, the Committee considered several alternative expenditure levels and assessment rates, including not changing the assessment rate or adjusting expenses. Ultimately, the Committee recommended the $0.20 per hundredweight assessment rate to fund the program's expenses and maintain its reserve at a reasonable level. A review of historical and preliminary information pertaining to the upcoming crop year indicates that the producer price for the 2020-21 crop year is estimated to be $201.50 per hundredweight of dates. Utilizing that price, the estimated crop size, and the $0.20 per hundredweight assessment rate, the estimated assessment revenue for the 2020-21 crop year as a percentage of total producer revenue is approximately 0.1 percent ($0.20 per hundredweight divided by $201.50 per hundredweight). This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived by the operation of the Order. In addition, the Committee meetings were widely publicized throughout the California date industry. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. The June 25, 2020 Committee meeting was a virtually held public meeting and all entities, both large and small, were able to express views on this issue. Interested persons were invited to submit comments on the proposed rule, including the regulatory and information collection impacts of this action on small businesses. 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 the Office of Management and Budget

(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 California date 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. 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. A proposed rule concerning this action was published in the **Federal Register** on August 26, 2021 (86 FR 47599). Copies of the proposal were provided by the Committee to members and handlers. Finally, the proposed rule was made available through the internet by USDA and the **Federal Register** . A 15-day comment period ending September 10, 2021, was provided to allow interested persons to respond to the proposal. No comments were received. Accordingly, 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 material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 987 is amended as follows: PART 987—DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE, CALIFORNIA 1. The authority citation for part 987 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 987.339 is revised to read as follows: § 987.339 Assessment rate. On and after October 1, 2020, an assessment rate of $0.20 per hundredweight is established for dates produced or packed in Riverside County, California. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2021-25115 Filed 11-17-21; 8:45 am]

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