Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-04-15.xml --- 87 73 Friday, April 15, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Request for Information: Proposed Patient-Centered Outcomes Research Trust Fund Strategic Framework, 22532-22534 2022-08038 Agricultural Marketing Agricultural Marketing Service RULES United States Potato Board Membership and Assessment Methods, 22433-22436 2022-08042 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22499 2022-08093 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mandatory Collection Authority for the Vehicle Inventory and Use Survey, 22501 2022-08112 The American Community Survey and Puerto Rico Community Survey, 22501-22503 2022-08149 Vehicle Inventory and Use Survey, 22503-22504 2022-08148 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 22534 2022-08051 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Quality Reporting Program and Value-Based Purchasing Program; Long-Term Care Facilities to Establish Mandatory Minimum Staffing Levels, 22720-22809 2022-07906 NOTICES Re-Approval of the American Society of Histocompatibility and Immunogenetics as an Accreditation Organization under the Clinical Laboratory Improvement Amendments, 22534-22536 2022-08153 Civil Rights Civil Rights Commission NOTICES Meetings:

Georgia Advisory Committee, 22500-22501 2022-08090 Mississippi Advisory Committee, 22500 2022-08089 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Fireworks Display, Willamette River, Portland, OR, 22496-22498 2022-08049 NOTICES Meetings: National Maritime Security Advisory Committee; Teleconference, 22541-22542 2022-08102 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 22521 2022-08097 Defense Department Defense Department NOTICES Environmental Impact Statements; Availability, etc.: Final Construction and Demonstration of a Prototype Mobile Microreactor, 22521-22523 2022-08039 Defense Nuclear Defense Nuclear Facilities Safety Board RULES Testimony by Employees and Production of Official Records in Legal Proceedings, 22436-22438 2022-08133 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supporting Excellence in Adult Education, 22523-22524 2022-08134 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Standards for Consumer Pool Heaters, 22640-22718 2022-07145 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 22524 2022-08055 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Iowa; 2015 Ozone National Ambient Air Quality Standards Interstate Transport Requirements, 22463-22464 2022-08028 Pesticide Product Performance Data Requirements for Products Claiming Efficacy Against Certain Invertebrate Pests, 22464-22484 2022-07963 NOTICES Environmental Impact Statements; Availability, etc., 22531-22532 2022-08096 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 22438-22441 2022-08213 Pratt and Whitney Division Turbofan Engines, 22441-22444 2022-08045 NOTICES Meetings:

Commercial Space Transportation Advisory Committee, 22615-22616 2022-08076 Noise Exposure Map: Receipt of Noise Compatibility Program and Request for Review, 22616-22617 2022-08046 Permanent Closure of the Public-Use of East Hampton Airport, 22617 2022-08059 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 22543-22548 2022-08143 2022-08146 Final Flood Hazard Determinations, 22549-22551 2022-08136 2022-08139 Proposed Flood Hazard Determinations, 22551-22552 2022-08137 Proposed Flood Hazard Determinations:

Chesterfield County, VA (All Jurisdictions); Withdrawal, 22543 2022-08138 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22524-22525 2022-08124 Application: Northern Natural Gas Co., 22526-22528 2022-08125 Oquirrh Energy Storage, LLC, 22530-22531 2022-08033 PacifiCorp, 22528-22529 2022-08128 Saranac Hydro Energy, LLC, 22525-22526 2022-08034 Combined Filings, 22529-22530 2022-08126 2022-08127 Designation of Commission Staff as Non-Decisional:

Total Gas and Power North America, Aaron Hall, Therese Tran, 22531 2022-08123 Review of Cost Submittals by Other Federal Agencies for Administering the Federal Power Act, 22526 2022-08035 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22617-22619 2022-08140 2022-08141 Positive Train Control Safety Plan and Positive Train Control System: Metro-North Commuter Railroad, 22619-22620 2022-08132 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 22532 2022-08044 Food and Drug Food and Drug Administration NOTICES Guidance:

Bioavailability Studies Submitted in New Drug Applications or Investigational New Drug Applications--General Considerations, 22537-22539 2022-08114 Celiac Disease: Developing Drugs for Adjunctive Treatment to a Gluten-Free Diet, 22536-22537 2022-08116 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 22623-22627 2022-08144 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Scientific Questions to be Examined to Support the Development of the Dietary Guidelines for Americans, 2025-2030, 22540 2022-08043 Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Committee on Heritable Disorders in Newborns and Children, 22539-22540 2022-08053 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Customs and Border Protection Indian Affairs Indian Affairs Bureau NOTICES Indian Child Welfare Act: Designated Tribal Agents for Service of Notice, 22552-22573 2022-08077 Indian Gaming: Extension of Tribal-State Class III Gaming Compact (Rosebud Sioux Tribe and the State of South Dakota), 22573 2022-08078 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service RULES Curation of Federally Owned or Administered Archeological Collections, 22447-22462 2022-07471 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22627-22629 2022-08100 2022-08101 2022-08147 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Patient Protection and Affordable Care Act Patient Protection Notice, 22628-22629 2022-08081 Taxation of Gain or Loss from Certain Nonfunctional Currency Transactions, 22629-22630 2022-08099 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Sodium Nitrite from the Russian Federation, 22504-22505 2022-08082 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Heavy Forged Hand Tools from China; Scheduling of an Expedited Five-Year Review, 22577-22578 2022-08075 Land Land Management Bureau NOTICES Meetings: Subcommittee for the Steens Mountain Advisory Council, Oregon, 22573-22574 2022-08119 NASA National Aeronautics and Space Administration NOTICES Meetings:

Programmatic Environmental Impact Statement for the Mars Sample Return Campaign, 22578-22581 2022-08088 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Daimler Trucks North America, LLC; Receipt, 22622-22623 2022-08108 FCA US, LLC; Approval, 22620-22622 2022-08107 National Institute National Institutes of Health NOTICES Meetings: National Human Genome Research Institute, 22540-22541 2022-08109 National Institute of Allergy and Infectious Diseases, 22541 2022-08087 National Institute on Drug Abuse, 22541 2022-08086 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pollock in the West Yakutat District of the Gulf of Alaska, 22495 2022-08269 Taking or Importing of Marine Mammals: Lighthouse Repair and Tour Operations at Northwest Seal Rock, CA, 22484-22495 2022-08031 NOTICES Meetings: Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review, 22520 2022-08103 New England Fishery Management Council, 22506 2022-08105 Pacific Fishery Management Council, 22505-22506 2022-08104 Western Pacific Fishery Management Council, 22520-22521 2022-08106 Taking or Importing of Marine Mammals:

BNSF Railway Bridge Heavy Maintenance Project in King County, WA, 22506-22520 2022-08135 National Park National Park Service RULES Curation of Federally Owned or Administered Archeological Collections, 22447-22462 2022-07471 NOTICES Inventory Completion: Big Hole National Battlefield, Wisdom, MT, 22576-22577 2022-08121 Channel Islands National Park, Ventura, CA, 22575-22576 2022-08120 Repatriation of Cultural Items: Karshner Museum and Center for Culture and Arts, Puyallup, WA (Formerly the Karshner Museum) and the U.S.

Department of the Interior, Bureau of Indian Affairs, Washington, DC, 22574-22575 2022-08122 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Invoice Submissions by Contractors for Contracts/Orders, 22583-22584 2022-08145 NRCareers (Monster Government Solutions), 22582-22583 2022-08142 Meetings: Advisory Committee on Reactor Safeguards, 22581-22582 2022-08098 Meetings; Sunshine Act, 22584-22585 2022-08231 Postal Regulatory Postal Regulatory Commission NOTICES Mail Classification Schedule, 22585-22586 2022-08095 Rural Business Rural Business-Cooperative Service NOTICES Application Deadline for the Rural Innovation Stronger Economy Grant Program for Fiscal Year 2022, 22499-22500 2022-08243 Securities Securities and Exchange Commission RULES Technical Amendments to Commission Rules and Forms, 22444-22447 2022-06972 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Cboe Exchange, Inc., 22594-22599 2022-08067 Financial Industry Regulatory Authority, Inc., 22599-22601 2022-08069 Miami International Securities Exchange, LLC, 22591, 22605-22607 2022-08068 2022-08072 Miami International Securities Exchange, LLC and MIAX Emerald, LLC, 22587 2022-08066 MIAX Emerald, LLC, 22601, 22605 2022-08070 2022-08071 MIAX PEARL, LLC, 22586-22587, 22611 2022-08060 2022-08061 2022-08073 New York Stock Exchange, LLC, 22607-22611 2022-08065 NYSE American, LLC, 22591-22594 2022-08064 NYSE Arca, Inc., 22587-22591 2022-08063 NYSE National, Inc., 22601-22604 2022-08062 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 22612-22613 2022-08115 2022-08117 Disaster Declaration: Oklahoma, 22611-22612 2022-08085 Requests for Nominations: Advisory Committee on Veterans Business Affairs, 22613 2022-08083 State Department State Department NOTICES Determination under the Foreign Assistance Act to Provide Assistance to Ukraine, 22613-22614 2022-08111 Determination under the Foreign Assistance Act to Provide Military Assistance to the Philippines to Support Counterterrorism Operations, 22614-22615 2022-08110 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Aircraft Repair Station Security, 22552 2022-08094 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Visa Waiver Program Carrier Agreement, 22542-22543 2022-08113 Veteran Affairs Veterans Affairs Department NOTICES Funding Opportunity: Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program, 22630-22638 2022-08040 Separate Parts In This Issue Part II Energy Department, 22640-22718 2022-07145 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 22720-22809 2022-07906 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. 87 73 Friday, April 15, 2022 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1207 [Doc. No. AMS-SC-21-0032] Amendments to the United States Potato Board Membership and Assessment Methods AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule changes the approved data sources used to determine the number of National Potato Promotion Board (Board) seats, expands payment methods used to remit assessments to include electronic submission, and updates the table of Harmonized Tariff Schedule of the United States

(HTS)codes and assessment rates for imported potatoes and potato products. Finally, this rule includes new language eliminating the need to amend the Potato Research and Promotion Plan to update the list of relevant HTS codes. DATES: Effective May 16, 2022. FOR FURTHER INFORMATION CONTACT: Alexandra Caryl, Branch Chief of Mid-Atlantic Region, Market Development Division, Specialty Crop Program, AMS, USDA, Stop 0244, 1400 Independence Avenue SW, Room 1406-S, Washington, DC 20250-0244; telephone:

(202)253-4768; or electronic mail: *Alexandra.Caryl@usda.gov.* SUPPLEMENTARY INFORMATION: This rule, affecting the Potato Research and Promotion Plan

(Plan)(7 CFR part 1207) is authorized under the Potato Research and Promotion Act

(Act)(7 U.S.C. 2611-2627). Executive Orders 12866 and 13563 The U.S. Department of Agriculture

(USDA)is issuing this 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. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The Agricultural Marketing Service

(AMS)has assessed the impact of this final rule on Indian tribes and determined that this rule will not have tribal implications that require consultation under Executive Order 13175. AMS hosts a quarterly teleconference with tribal leaders where matters of mutual interest regarding the marketing of agricultural products are discussed. Information about the changes to the regulations were shared during a quarterly call on April 9, 2020, and tribal leaders were informed about the revisions to the regulation and the opportunity to submit comments. AMS is committed to working with the USDA Office of Tribal Relations to ensure meaningful consultation is provided, as needed, with regards to this change to the Plan. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). The Congressional Review Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 311 of the Act (7 U.S.C. 2620), a person subject to a plan may file a petition with USDA stating that such plan, any provision of such plan, or any obligation imposed in connection with such plan, is not in accordance with law and request a modification of such plan or to be exempted therefrom. Such person is afforded the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The Congressional Review Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition if the petitioner files a complaint for that purpose not later than 20 days after date of the entry of USDA's final ruling. Background This rule amends the Plan's allowed sources of potato production data used to determine the number of Board seats to which each State is entitled. Additionally, this rule expands payment methods used to remit assessments to include electronic submission, and updates the table of HTS codes and assessment rates for imported potatoes and potato products. Finally, this rule inserts new language to avoid future amendments to the Plan if HTS numbers subject to assessment reflected in the table are changed and such changes are merely a replacement of previous numbers. Data Sources for Board Membership The Plan became effective on March 9, 1972. Section 1207.320(b) of the Plan provides the formula used to determine how many Board member seats to which each State is entitled. Under the Plan every State is eligible to have a representative on the Board and is eligible to have additional members based on the potato production levels in that State. For each five million hundredweight of such production, or major fraction thereof, produced within each State, such State shall be entitled to one member. The Plan states potato production totals must come from the “latest Crop Production Annual Summary Report issued by the Crop Reporting Board, U.S. Department of Agriculture.” See § 1207.320(b). The Crop Production Annual Summary Report is currently issued by the National Agricultural Statistics Service (NASS). In March 2020, USDA's NASS and AMS communicated to the Board that NASS will no longer be collecting potato production data for the following ten states: Alaska, Illinois, Kansas, Maryland, Missouri, Montana, New Jersey, New York, North Carolina, and Virginia. In June 2020, NASS estimated the cost of collecting the data to approximately $80,000 per year. The Board considered this estimate and concluded that the cost to collect this information will exceed the value of assessments collected from the ten States. Subsequently, the Board decided to temporarily freeze the number of seats for those ten States at their 2019 quantities so it could move forward with the assignment of Board member seats for 2020 nominations. At the July Board 2020 meeting, Board staff presented to the Board's Administrative Committee a summary of constraints related to the collection of production data. During a January 2021 meeting, Board staff further discussed the need to update the Plan with the Administrative Committee and made the recommendation to amend the Plan during a subsequent meeting on March 9, 2021. The Board recommended to use production data from audited assessment reports in place of NASS data for states that have not been included in NASS reports. As indicated in Table 1, this amendment will allow the Board to use audited assessment data in instances where NASS data is unavailable. Table 1—NASS Production and Board Production (Board) and Number of Producer Members by State State NASS 2016

(cwt)NASS 2017

(cwt)NASS 2018

(cwt)Board 2018

(cwt)2016-2018 NASS avg. (1,000 cwt) 2016-2018 NASS & Board avg. (1,000 cwt) 2020 NASS number of members (cwt/5,000) 2020 NASS & Board number of members (cwt/5,000) Alabama

(AL)70 1 1 Illinois

(IL)2,812 3,321 2,850 394 2,994 2,176 1 1 Kansas

(KS)1,260 1,558 1,419 483 1,412 1,100 1 1 Maryland

(MD)913 510 389 474 651 1 1 Missouri

(MO)2,410 2,423 1,665 1,012 2,166 1,948 1 1 Montana

(MT)3,685 3,774 3,830 149 3,763 2,536 1 1 New Jersey

(NJ)600 530 125 377 363 1 1 New York

(NY)3,552 4,032 4,118 899 3,901 2,828 1 1 North Carolina

(NC)2,992 3,473 2,318 1,702 2,928 2,722 1 1 Virginia

(VA)1,189 1,193 1,034 450 1,139 944 1 1 Assessment Payment Options This rule will allow electronic submission in the list of allowable methods of payment to remit assessments and remove references to drafts and money orders. The Board staff stated that allowing electronic submission ( *e.g.,* bank transfer payments (Automated Clearing House)

(ACH)or wire transfer payments) of assessments will improve and streamline operations by lowering the cost of processing mailed checks. This change will remove references to drafts and money orders as handlers are no longer using these forms of payment. Harmonized Tariff Schedule Table Section 1207.510(b)(3) of the Plan contains an HTS table that reflects outdated HTS codes, assessment rates, and potato categories for imports. Pursuant to Section 1207.327(b) of the Plan, the Board has the authority to recommend to AMS amendments to this Plan. To reduce **Federal Register** publication costs associated with amending the Plan to remain consistent with updated HTS codes, the Board recommended removing the actual HTS chart from the Plan and replacing the HTS chart with a reference to the HTS codes, assessment rates and potato categories for imports. AMS has adopted an alternative approach that includes amending the Plan by updating the current HTS chart and inserting new language to avoid future amendments to the Plan if an HTS number subject to assessment reflected in the table is changed and such change is merely a replacement of a previous number. This change will reduce future **Federal Register** publication costs associated with amending the Plan to remain consistent with future updated HTS numbers that have no impact on the description of potato involved. 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 impact of the final rule on small entities. Accordingly, AMS has considered the economic impact of this action on small 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

(SBA)defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $1 million and small agricultural service firms (handlers) as those having annual receipts of no more than $30 million. According to the Board, there were approximately 60 importers, 955 handlers, and 1,500 producers in 2020. These numbers are used in computations, explained in the following paragraphs, to develop estimates of the proportion of small and large businesses using the size criteria of the Small Business Administration. Large agricultural producers under the criteria established by the SBA are those with $1 million or more in annual sales. Producers that pay Board assessments have a minimum of 5 acres of potatoes. The 2017 Agricultural Census reported 2,420 farms with 5 or more harvested acres of potatoes, of which 1,283 (53 percent) had annual sales of $1,000,000 or more. Although there is a difference between the Board producer number and the Census farm number estimate, a majority the of potato producers responsible for paying assessments would likely be classified as large businesses according to the SBA criteria. The SBA threshold size for a large agricultural service firm is $30 million in annual sales. The Board estimate of the number of potato handlers in 2020 was 955. According to NASS, the total value of the 2020 U.S. potato crop was $3.9 billion. Dividing $3.9 billion by 955 yields an annual estimate of potato sales per handler of approximately $4.1 million, well below the $30 million, threshold for a large agricultural service firm. Applying handler margins of twenty to fifty percent (representing a range of possible handler costs above the farm-level value) would increase that $4.1 million sales per handler number to between $4.9 and $6.2 million, still well below the $30 million SBA threshold. In addition, the NASS $3.9 billion U.S. crop value for 2020 overstates to a moderate extent the crop value relevant to this computation because an unknown, but likely small, portion of that annual potato crop value was provided by farms with less than 5 harvested acres. With estimated average annual sales per handler in a moderate range above or below $4 million, it can be stated that a majority of potato handlers are small agricultural service firms, according to SBA criteria. The Board received approximately $14.5 million in 2020 assessments ($0.03 per hundredweight, abbreviated as cwt) and reported that about 20 percent of those assessments ($2.9 million) were paid by potato importers. Dividing $2.9 million by the $0.03 per cwt assessment rate yields a potato import quantity estimate of 96.67 million cwt. Multiplying the 96.67 million cwt imported quantity by the NASS 2020 average U.S. grower price per cwt of $9.30 yields a 2020 import value estimate of $899 million. Dividing that imported potato value estimate by the number of importers

(60)yields an average annual sales value per importer estimate of about $15 million. This average annual sales value per importer estimate was computed using an average farm-level price. It does not include a margin to account for importer costs of marketing, for which there is no publicly available information. Using the $15 million figure, and applying a possible range of importer margins of 20 to 50 percent, would yield an annual average sales value per importer range of $18.0 to $22.5 million. Since these numbers are below the SBA threshold level of $30 million, and assuming a normal distribution, a majority of potato importers are determined to be small agricultural service businesses. This rule will amend §§ 1207.320, 1207.502, 1207.510 and 1207.513. Regarding the economic impact of this final rule on affected entities, this action will impose no costs on producers, handlers, or importers. The changes are administrative in nature and will allow the Board to effectively carry out the requirements of the Plan. In response to the discontinuation of NASS collection of potato production data for 10 States, USDA considered the following alternatives to the chosen amendment language: Take no action and hold constant the production figures for the 10 States to the final year for which NASS published data; or fund NASS collection of data for the 10 States using Board resources. The first of these alternatives will result in the potential for Board representation that is inconsistent with domestic production. Potato production sees relatively high fluctuation from year to year. Consequently, distribution of Board member seats based on a fixed production figure will prevent the Board from adequately reflecting the changes that occur in the industry over time; therefore, this is not a viable alternative. The second alternative will result in an annual cost to the Board of $80,000 to restore the collection of potato production data by NASS for the 10 States which it has omitted. As this amount exceeds the total value of assessments collected from these 10 States, this is also not a viable alternative. The amendments encapsulated by this final rule will streamline and improve Board operations. In accordance with OMB regulation [5 CFR part 1320], which implements information collection requirements imposed by the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 *et seq.* ], there are no new requirements contained in this rule. As with all Federal 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. Regarding outreach efforts, all the Board's meetings are open to the public and interested persons are invited to participate and express their views. No concerns were raised. AMS has performed this final RFA analysis regarding the impact of this action on small entities. A proposed rule concerning this action was published in the **Federal Register** on September 16, 2021 (86 FR 51626). A 30-day comment period ending October 18, 2021, was provided to allow interested persons to submit comments. One comment was received in response to the proposed rule. This comment was immaterial to the topic of this rule. Therefore, no changes have been made to the proposed rule based on the comment received. After consideration of all relevant matters presented, including the information and recommendation submitted by the Board, the comments received, and other relevant information, AMS has determined that this rule, as hereinafter set forth, is consistent with and will effectuate the purposes of the Act. List of Subjects in 7 CFR Part 1207 Advertising, Agricultural research, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 1207 as follows: PART 1207—POTATO RESEARCH AND PROMOTION PLAN 1. The authority citation for 7 CFR part 1207 continues to read as follows: Authority: 7 U.S.C. 2611-2627; 7 U.S.C. 7401. 2. Amend § 1207.320 by revising paragraph

(b)to read as follows: § 1207.320 Establishment and membership.

(b)Producer membership upon the Board shall be determined on the basis of the potato production reported in the latest Crop Production Annual Summary Report issued by the National Agricultural Statistics Service of the U.S. Department of Agriculture. If a State's potato production data is not provided by the National Agricultural Statistics Service, the Board may use an alternative data source that reliably reflects potato production in the United States. Unless the Secretary, upon recommendation of the Board, determines an alternate basis, for each five million hundredweight of such production, or major fraction thereof, produced within each State, such State shall be entitled to one member. However, each State shall initially be entitled to at least one member. 3. Amend § 1207.502 by revising paragraph

(a)to read as follows: § 1207.502 Determination of membership.

(a)Pursuant to § 1207.320 and the recommendation of the Board, annual producer memberships on the Board shall be determined on the basis of the average potato production of the 3 preceding years in each State as set forth in the Crop Production Annual Summary Reports issued by the National Agricultural Statistics Service of the U.S. Department of Agriculture. If a State's potato production data is not provided by the National Agricultural Statistics Service, the Board may use an alternative data source that reliably reflects potato production in the United States. 4. Amend § 1207.510 by revising paragraph (b)(3) to read as follows: § 1207.510 Levy of assessments.

(b)* * *

(3)The Harmonized Tariff Schedule

(HTS)categories and assessment rates on imported tablestock potatoes and frozen or processed potatoes for ultimate consumption by humans and on imported seed potatoes are listed in the following table. In the event that any HTS number subject to assessment is changed and such change is merely a replacement of a previous number and has no impact on the description of the potatoes, assessments will continue to be collected based on the new numbers. Tablestock potatoes, frozen or processed potatoes, and seed potatoes Assessment Cents/cwt Cents/kg 0701.10.0020 3.0 0.066 0701.10.0040 3.0 0.066 0701.90.1000 3.0 0.066 0701.90.5015 3.0 0.066 0701.90.5025 3.0 0.066 0701.90.5035 3.0 0.066 0701.90.5045 3.0 0.066 0701.90.5055 3.0 0.066 0701.90.5065 3.0 0.066 0710.10.0000 6.0 0.132 2004.10.4000 6.0 0.132 2004.10.8020 6.0 0.132 2004.10.8040 6.0 0.132 2005.20.0070 4.716 0.104 0712.90.3000 21.429 0.472 1105.10.0000 21.429 0.472 1105.20.0000 21.429 0.472 2005.20.0040 21.429 0.472 2005.20.0020 12.240 0.27 1108.13.0010 27.0 0.595 5. Amend § 1207.513 by revising paragraph (c)(1) to read as follows: § 1207.513 Payment of assessments.

(c)* * *

(1)Except as provided in paragraphs

(b)and

(d)of this section, each designated handler or importer shall remit assessments directly to the Board by check or electronic payment. Checks are to be made payable to the National Potato Promotion Board or the Board's official doing business as name. Payment is due not later than 10 days after the end of the month such assessment is due together with a report (preferably on Board forms) thereon. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2022-08042 Filed 4-14-22; 8:45 am]

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