Unknown. Final rule
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/register/2023/01/30/2023-01701A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2023-01-30.xml --- 88 19 Monday, January 30, 2023 Contents Agricultural Marketing Agricultural Marketing Service RULES Handling Regulations: California and Imported Kiwifruit, 5721-5724 2023-01701 PROPOSED RULES Milk in the Appalachian, Southeast, and Florida Areas: Hearing on Proposed Amendments to Marketing Agreements and Orders, 5800-5810 2023-01459 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Natural Resources Conservation Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5850-5851 2023-01812 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Consumer Financial Protection Circular: Unlawful Negative Option Marketing Practices, 5727-5730 2023-01560 PROPOSED RULES Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders, 6088-6142 2022-27385 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Committee on Immunization Practices, 5883-5884 2023-01802 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 5882 2023-01800 National Center for Health Statistics, ICD-10 Coordination and Maintenance Committee, 5882-5883 2023-01801 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5886-5887 2023-01822 Meetings: Advisory Panel on Outreach and Education, 5884-5886 2023-01797 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Program-Specific Performance Progress Report, 5887-5888 2023-01762 Coast Guard Coast Guard RULES Safety Zone: Chinese Harbor; Santa Cruz Island, CA, 5782-5783 2023-01751 Potomac River and Anacostia River, and Adjacent Waters;
Washington, DC, 5784 2023-01706 PROPOSED RULES Safety Zone: Restricted Visibility in Tampa Bay; Tampa Bay, Tampa, FL, 5824-5826 2023-01755 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Joint Report: Differences in Accounting and Capital Standards among the Federal Banking Agencies as of September 30, 2022;
Report to Congressional Committees, 5960-5962 2023-01697 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Update of Challenge Period for Validation of Asserted Restrictions on Technical Data and Computer Software, 5843-5844 2023-01814 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplement; Disclosure of Employment of Individuals Who Work in the People's Republic of China, 5863-5864 2023-01850 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5864-5869 2023-01794 2023-01795 2023-01799 2023-01805 2023-01806 2023-01808 2023-01810 2023-01815 2023-01825 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances Application: Globyz Pharma, LLC, 5920 2023-01816 Education Department Education Department RULES Adjustment of Civil Monetary Penalties for Inflation, 5784-5787 2023-01596 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Student Assistance General Provision, Verification Student Aid Application Information, 5869-5870 2023-01734 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Request for Information: Grant Program to Facilitate the Siting of Interstate Electricity Transmission Lines, 5870-5871 2023-01820 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Redesignation of the Ohio portion of the Cincinnati, Ohio-Kentucky Area to Attainment of the 2015 Ozone Standard;
Correction, 5787-5788 2023-01505 Significant New Use Rules on Certain Chemical Substances (21-1.5e); Correction, 5788-5789 2023-01503 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: 2015 8-Hour Ozone Nonattainment Area Requirements; Clean Fuels or Advanced Control Technology for Boilers; San Joaquin Valley and Los Angeles South Coast Air Basin, CA, 5835-5840 2023-01504 California; Antelope Valley Air Quality Management District; Stationary Source Permits;
New Source Review, 5826-5833 2023-01500 California; San Diego County Air Pollution Control District; Oxides of Nitrogen, 5833-5835 2023-01124 Wisconsin; Volatile Organic Compound Reasonably Available Control Technology for Miscellaneous Industrial Adhesives and Miscellaneous Metal and Plastic Parts Coatings, 5840-5843 2023-01723 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Superfund, 5873-5874 2023-01786 Criteria for Classification of Solid Waste Disposal Facilities and Practices, 5876-5877 2023-01784 Institutional Dual Use Research of Concern Policy Compliance, 5874 2023-01783 State and Federal Emission Guidelines for Hospital/Medical/Infectious Waste Incinerators, 5875-5876 2023-01760 Treatment of Indian Tribes in a Similar Manner as States for Purposes of the Clean Water Act, 5874-5875 2023-01785 Pesticide Registration Review:
Decisions and Case Closures for Several Pesticides, 5877-5878 2023-01787 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 5878 2023-01927 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Increasing Land, Capital, and Market Access Program, 5851-5852 2023-01754 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Point Hope, AK, 5730-5731 2023-01607 Yankton, SD, 5731-5733 2023-01790 Instrument Flight Rules Altitudes, 5733-5748 2023-01633 PROPOSED RULES Airspace Designations and Reporting Points:
Bethel, AK, 5823-5824 2023-01791 Airworthiness Directives: Airbus SAS Airplanes, 5814-5819 2023-01702 2023-01835 Bombardier, Inc. Airplanes, 5819-5822 2023-01673 Safety Management Systems, 5812-5814 2023-01788 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Human Space Flight Requirements for Crew/Space Flight Participants, 5956 2023-01777 Airport Improvement Program: Deadline for Notification of Intent to Use Primary, Cargo, and Nonprimary Entitlement Funds Available to Date for Fiscal Year 2023, 5955 2023-01733 Petition for Exemption;
Summary of Petition Received: Lyla G. Coyne, 5955-5956 2023-01843 Venture Travel, LLC dba Taquan Air, 5957 2023-01758 Petition for Exemption; Summary: Unconventional Concepts, Inc., 5956-5957 2023-01729 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5878-5880 2023-01809 2023-01821 Meetings: Deletion of Items, 5879 2023-01831 Federal Deposit Federal Deposit Insurance Corporation NOTICES Joint Report:
Differences in Accounting and Capital Standards among the Federal Banking Agencies as of September 30, 2022; Report to Congressional Committees, 5960-5962 2023-01697 Federal Emergency Federal Emergency Management Agency NOTICES Assistance to Firefighters Grant Program, 5898-5903 2023-01832 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 5871-5873 2023-01856 2023-01857 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Black Mesa Energy, LLC, 5871 2023-01858 Sun Streams Expansion, LLC, 5872 2023-01855 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 5880-5881 2023-01966 2023-01968 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 5881-5882 2023-01851 Joint Report: Differences in Accounting and Capital Standards among the Federal Banking Agencies as of September 30, 2022;
Report to Congressional Committees, 5960-5962 2023-01697 Privacy Act; Systems of Records, 5881 2023-01759 Federal Trade Federal Trade Commission RULES Premerger Notification: Reporting and Waiting Period Requirements, 5748-5774 2023-01584 Federal Transit Federal Transit Administration NOTICES Proposed Updates to Joint Development Circular, 5957-5958 2023-01830 Fish Fish and Wildlife Service RULES Civil Monetary Penalty Inflation Adjustment, 5796-5798 2023-01726 PROPOSED RULES Migratory Bird Hunting:
Proposed 2023-24 Frameworks for Migratory Bird Hunting Regulations, 6054-6086 2023-01644 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Premarket Approval of Medical Devices, 5888-5891 2023-01849 Guidance: Acromegaly: Developing Drugs for Treatment, 5891-5892 2023-01766 Evaluating Donor Eligibility using Individual Risk-Based Questions to Reduce the Risk of Human Immunodeficiency Virus Transmission by Blood and Blood Products, 5894-5895 2023-01796 Practices To Prevent Unsafe Contamination of Animal Feed from Drug Carryover, 5896-5897 2023-01764 Meetings:
Nonprescription Drugs Advisory Committee and the Anesthetic and Analgesic Drug Products Advisory Committee, 5893-5894 2023-01761 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Production Authority: Teijin Carbon Fibers, Inc.; Foreign-Trade Zone 38; Spartanburg County, SC, 5853-5854 2023-01828 Authorization of Production Activity: Volkswagen Group of America, Chattanooga Operations, LLC, Foreign-Trade Zone 134, Chattanooga, TN, 5853 2023-01782 Geological Geological Survey NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Production Estimate, 5905-5906 2023-01773 Request for Comments: Helium Supply Risk, 5904-5905 2023-01852 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Interest Rate on Overdue Debts, 5897 2023-01731 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.
Citizenship and Immigration Services Indian Affairs Indian Affairs Bureau NOTICES Land Acquisitions: Tohono O'odham Nation, Far West Valley Site, Maricopa County, AZ, 5906 2023-01829 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau See Office of Natural Resources Revenue RULES Practices before the Department, 5789-5796 2023-00990 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Revenue Procedure; Rules for Certain Rental Real Estate Activities, 5962-5963 2023-01793 International Trade Adm International Trade Administration RULES Request for Information: Aluminum Import Monitoring and Analysis System, 5775-5776 2023-01464 NOTICES Meetings: Advisory Committee on Supply Chain Competitiveness, 5854 2023-01824 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
High Pressure Steel Cylinders from China, 5919 2023-01776 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Replacement Automotive Lamps, 5919-5920 2023-01823 Steel Concrete Reinforcing Bar from Japan, Taiwan, and Turkey, 5918-5919 2023-01756 Justice Department Justice Department See Drug Enforcement Administration RULES Civil Monetary Penalties Inflation Adjustments, 5776-5781 2023-01704 NOTICES Proposed Consent Decree: CERCLA, 5920-5921 2023-01836 Clean Air Act, 5921 2023-01792 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Surface Management Activities under the General Mining Law, 5906-5907 2023-01747 Management Management and Budget Office NOTICES 2022 Statutory Pay-As-You-Go Act Annual Report, 5927-5930 2023-01771 NASA National Aeronautics and Space Administration NOTICES New Conflict of Interest and Conflict of Commitment Policy for Recipients of Financial Assistance Awards, 5930-5932 2023-00890 National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standards:
Rear Impact Guards; Denial of Petition for Rulemaking, 5844-5845 2023-01523 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 5897-5898 2023-01833 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska, 5798-5799 2023-01767 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 34, 5845-5849 2023-01710 NOTICES Meetings: East Coast Fisheries of the United States, 5855 2023-01842 Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 5854 2023-01841 National Sea Grant Advisory Board, 5855-5856 2023-01768 Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy Construction at Naval Station Newport, RI, 5856-5860 2023-01807 National Park National Park Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Certification of Identity and Consent Form, 5908-5909 2023-01817 National Underground Railroad Network to Freedom Program, 5915-5916 2023-01818 Draft Director's Order No. 83A Concerning National Park Service Policies and Procedures Governing Public Health Protection and Disease Prevention, 5909-5910 2023-01752 Intent to Repatriate Cultural Items: Ralph Foster Museum, College of the Ozarks, Point Lookout, MO, 5912-5913 2023-01846 Inventory Completion:
Field Museum of Natural History, Chicago, IL, 5914-5915 2023-01840 Michigan State Police, Dimondale, MI, 5907-5908 2023-01847 Michigan State University, East Lansing, MI, 5910 2023-01848 Museum of Us, San Diego, CA, 5914 2023-01839 Vassar College, Poughkeepsie, NY, 5913-5914 2023-01844 William S. Webb Museum of Anthropology, University of Kentucky, Lexington, KY, 5910-5912 2023-01845 National Resources Natural Resources Conservation Service NOTICES Meetings: Urban Agriculture and Innovative Production Advisory Committee, 5852-5853 2023-01853 Navy Navy Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5869 2023-01826 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Industrial Radiographic Operations and Training, 5811-5812 2023-01487 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Standard for Process Safety Management of Highly Hazardous Chemicals, 5923-5925 2023-01778 Application for Expansion of Recognition and Proposed Modification to the Nationally Recognized Testing Laboratory Program's List of Appropriate Test Standards:
CSA Group Testing and Certification Inc., 5921-5923 2023-01780 Ocean Energy Management Ocean Energy Management Bureau PROPOSED RULES Renewable Energy Modernization Rule, 5968-6052 2023-00668 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Royalty and Production Reporting, 5916-5918 2023-01000 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Patent and Patent Trial and Appeal Board Pro Bono Programs, 5862-5863 2023-01749 Patent Law Treaty, 5862 2023-01753 Patent Term Extension and Adjustment, 5861-5862 2023-01750 Post Allowance and Reissue, 5860-5861 2023-01748 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 5932 2023-01949 Rural Utilities Rural Utilities Service RULES Rural eConnectivity Program, 5724-5727 2023-01621 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5941, 5952-5953 2023-01739 2023-01740 2023-01741 Application: AEW Capital Management, LP, 5938-5941 2023-01737 Fidelity Private Credit Fund and Fidelity Diversifying Solutions, LLC, 5947-5948 2023-01735 Meetings; Sunshine Act, 5938 2023-01972 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 5932-5934 2023-01746 Cboe Exchange, Inc., 5934-5938 2023-01744 National Securities Clearing Corp., 5953 2023-01742 NYSE American, LLC, 5942-5947 2023-01745 NYSE Arca, Inc., 5948-5952 2023-01743 State Department State Department NOTICES Charter Renewal:
Overseas Security Advisory Council, 5953-5954 2023-01813 Culturally Significant Objects Being Imported for Exhibition: Gego: Measuring Infinity, 5954 2023-01765 Meetings: Preparation for International Maritime Organization Sub-Committee on Ship Systems and Equipment Meeting, 5954-5955 2023-01732 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations:
Intelligent Transportation Systems Program Advisory Committee, 5958-5960 2023-01769 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Security Officer Medical Questionnaire, 5903 2023-01798 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bank Enterprise Award Program Application, 5964 2023-01811 Hizballah Financial Sanctions Regulations Report on Closure by U.S.
Financial Institutions of Correspondent Accounts and Payable-Through Accounts, 5963-5964 2023-01757 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Extend/Change Nonimmigrant Status, 5903-5904 2023-01763 Veteran Affairs Veterans Affairs Department NOTICES Meetings: National Research Advisory Council, 5965 2023-01838 Rehabilitation Research and Development Service Scientific Merit Review Board, 5964-5965 2023-01837 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Claim for Reimbursement of Benefit Payments and Claims Expense under the War Hazards Act, 5926-5927 2023-01781 Death Gratuity, 5925-5926 2023-01779 Separate Parts In This Issue Part II Interior Department, Ocean Energy Management Bureau, 5968-6052 2023-00668 Part III Interior Department, Fish and Wildlife Service, 6054-6086 2023-01644 Part IV Bureau of Consumer Financial Protection, 6088-6142 2022-27385 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. 88 19 Monday, January 30, 2023 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 920 and 944 [Doc. No. AMS-SC-21-0098] California and Imported Kiwifruit; Handling Regulations AGENCY: Agricultural Marketing Service, Department of Agriculture (USDA).
ACTION: Final rule. SUMMARY: This rule implements a recommendation from the Kiwifruit Administrative Committee (Committee) to modify the handling regulations prescribed under the Federal marketing order for kiwifruit grown in California. This action revises the size and uniformity requirements for all varieties of *Actinidia chinensis* species kiwifruit, which is commonly known as golden kiwifruit, regulated under the marketing order. A corresponding change is also made to the kiwifruit import regulation as required under section 8e of the Agricultural Marketing Agreement Act of 1937.
DATES: Effective March 1, 2023. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior Marketing Specialist, or Gary Olson, Regional Director, Western Region Field Office, Market Development Division, Specialty Crops Program, AMS, USDA; Telephone:
(503)326-2724, or Email: *Barry.Broadbent@usda.gov* or *GaryD.Olson@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. 920, as amended (7 CFR part 920), regulating the handling of kiwifruit grown in California. Part 920 (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 comprises kiwifruit growers operating within the production area, and a public member. This final rule is also issued under section 8e of the Act (7 U.S.C. 608e-1), which provides that whenever certain specified commodities, including kiwifruit, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for domestically produced commodities. The Agricultural Marketing Service
(AMS)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. AMS has determined this final 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. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with the United States Department of Agriculture
(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. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed no later than 20 days after the date of the entry of the ruling. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. Under the provisions of the Order, fresh market shipments of kiwifruit produced in California are required to be inspected and are subject to grade, size, quality, maturity, pack, and container requirements. This final rule revises the minimum size and uniformity requirements for certain varieties of kiwifruit handled under the Order. As required by section 8e of the Act, the revision to the minimum size requirement will also be applied to the import regulations for kiwifruit. Section 920.51 of the Order provides authority for the Committee to recommend regulations to the Secretary. Section 920.52 of the Order provides authority for the establishment of handling regulations. Further, § 920.53 provides the authority to recommend the modification, suspension, or termination of such regulations when the Committee finds that industry conditions so dictate. Section 920.302 establishes the minimum grade, size, quality, maturity, pack, and container requirements for kiwifruit handled subject to the Order. Under the authority of § 920.53, the Committee determined that the production and marketing conditions for some varieties of kiwifruit have changed and that the handling requirements should be modified accordingly. Prior to this rule change, the handling regulations required that all varieties of kiwifruit be a minimum Size 45, defined as a maximum of 55 pieces of fruit in an 8-pound sample. In addition, kiwifruit packed in containers were required to be fairly uniform in size. At its meeting on September 29, 2021, the Committee unanimously recommended modifying the regulations to accommodate varieties of *Actinidia chinensis* species kiwifruit that are characteristically smaller in size and less uniform than the more common varieties grown in California that are *Actinidia deliciosa* species. No other species of kiwifruit are known to be grown in California. This final rule relaxes the minimum size requirement for all varieties of *Actinidia chinensis* species kiwifruit to Size 49, defined in the requirements as a maximum of 64 pieces of fruit in an 8-pound sample. In addition, the final rule exempts all varieties of *Actinidia chinensis* species kiwifruit from the requirement that fruit packed in a container be fairly uniform in size. At the time that the Order's handling regulations were established in 1985, practically all the kiwifruit grown in California were varieties of the *Actinidia deliciosa* species. As such, the requirements were implemented to accommodate the characteristics of those varieties. Recently, production of varieties of *Actinidia chinensis* species kiwifruit has been increasing in California. This sector of the industry now accounts for approximately eight percent of the acreage and five percent of the production in the state. Given the natural characteristics of *Actinidia chinensis* species kiwifruit, the current minimum size and uniformity requirements preclude some high-quality kiwifruit from entering the fresh market. Relaxing the minimum requirements for those varieties will allow growers to market more of their fruit in the fresh market, increasing their total revenue. The change is expected to benefit domestic kiwifruit growers, handlers, and consumers. Section 8e of the Act provides that when certain domestically produced commodities, including kiwifruit, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Since this action modifies the minimum size requirement for varieties of *Actinidia chinensis* species kiwifruit under the domestic handling regulations, a corresponding change is made to the import regulations. Minimum grade, size, quality, and maturity requirements for kiwifruit imported into the United States are currently in effect under § 944.550 (7 CFR 944.550). Paragraph
(a)of that section specifies the minimum size requirement. This final rule lowers the minimum size requirement for varieties of *Actinidia chinensis* species kiwifruit to Size 49, defined as a maximum of 64 pieces of kiwifruit in an 8-pound sample. In accordance with the Act, under the kiwifruit import regulations, imported kiwifruit are not subject to container and pack requirements. Accordingly, the change in the Order's uniformity requirement does not affect the kiwifruit import requirements. The relaxation in the size requirements for imports of *Actinidia chinensis* varieties will allow a greater quantity of kiwifruit to be imported. The change is expected to benefit kiwifruit importers and consumers of imported kiwifruit. 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 action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Import regulations issued under the Act are based on those established under Federal marketing orders. There are approximately 133 kiwifruit growers in the production area and 20 handlers subject to regulation under the Order. In addition, there are approximately 80 importers of kiwifruit. Small producers of kiwifruit are defined by the Small Business Administration
(SBA)as those having annual receipts less than $3,000,000. Small agricultural service firms, which include kiwifruit handlers and importers, are defined by the SBA as those having annual receipts of less than $30,000,000. The SBA threshold for growers changed in between the proposed and the final rule. Thus, AMS changed the RFA to reflect the new amount in this final rule. The change did not impact the number of growers considered to be small. The USDA National Agricultural Statistics Service
(NASS)reported that total production of California kiwifruit for the 2020-2021 season was 39,760 tons. NASS further reported that the average producer price was $1,920 per ton over that period. Multiplying $1,920 per ton by the production quantity of 39,760 tons yields an annual crop revenue estimate of $76,339,200. The average annual fresh kiwifruit revenue for each of the 133 growers for the 2020-2021 season is therefore calculated to be $573,979 ($76,339,200 divided by 133), which is less than the SBA threshold of $3,000,000 for small producers of kiwifruit. Therefore, on average and given a normal distribution, the majority of growers may be classified as small businesses. In addition, based on information reported by USDA's Market News Service (Market News), the average Free On Board (F.O.B.) shipping point price for California kiwifruit over the 2020-2021 season was $23.28 per 9 kilogram container (19.8 pounds equivalent). Multiplying $23.28 by the shipment quantity of 4,016,162 containers (39,760 tons times 2,000 pounds per ton divided by 19.8 pounds) yields an annual crop revenue estimate of $93,496,251. The average annual fresh kiwifruit revenue for each of the 20 handlers is therefore calculated to be $4,674,813 ($93,496,251 divided by 20), which is below the SBA threshold of $30,000,000 for agricultural service firms. Therefore, on average and assuming a normal distribution, the majority of the handlers may be classified as small businesses. Further, USDA's Foreign Agricultural Service reported 80,279 metric tons of kiwifruit were imported during the 2020-2021 season with a reported value of $184,488,000. Using that data, the average revenue for each of the approximately 80 kiwifruit importers would be $2,306,100 ($184,488,000 divided by 80), which is below the $30,000,000 SBA threshold for small agricultural service firms. As such, the majority of kiwifruit importers may be classified as small businesses. This final rule relaxes the minimum size and uniformity requirements prescribed in the Order's handling regulations. The final rule lowers the minimum size requirement for all varieties of *Actinidia chinensis* species kiwifruit from Size 45 to 49, defined in the requirements as a maximum of 64 pieces of fruit in an 8-pound sample. In addition, the final rule exempts all varieties of *Actinidia chinensis* species kiwifruit from the Order's container requirement that fruit be fairly uniform in size. This action will not impose any additional costs to the industry. It is expected to increase revenue to handlers and growers of *Actinidia chinensis* species varieties of kiwifruit, as smaller size fruit, and fruit that lacks uniformity, will be allowed to enter the market. The quality of fruit to consumers is not expected to be significantly affected, as relaxing the size and uniformity requirements will not impact the Order's minimum quality requirements. All kiwifruit marketed under the Order will continue to be packed to the minimum grade of KAC No.1. The Committee considered alternatives to the recommended changes, including taking no action and continuing to regulate according to the requirements as currently established. In addition, the Committee considered lowering the size requirements for all varieties of kiwifruit. However, the Committee determined that the minimum size requirement is effective for *Actinidia deliciosa* varieties and that it should not be changed. The Committee also considered establishing other minimum sizes for *Actinidia chinensis* varieties higher and lower than the minimum size recommended but believed that Size 49 will allow more fruit to be marketed and still maintain the high standards of California kiwifruit. Ultimately, the Committee determined that relaxation of the handling regulation, as recommended, is in the best interests of the growers, handlers, and consumers of California kiwifruit and rejected all other alternatives. Committee meetings were widely publicized throughout the California kiwifruit industry. All interested persons were invited to attend meetings and participate in Committee deliberations. Like all Committee meetings, the September 27, 2021, meeting was a public meeting, and all entities, both large and small, were able to express their views on this issue. Also, the embassies of countries that export kiwifruit to the United States, and known kiwifruit importers, will be notified of this final rule upon its publication. Finally, interested persons were invited to submit comments on the proposed rule, including the regulatory and informational 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. 0581-0189, Fruit 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 does not impose any additional reporting or recordkeeping requirements on either small or large kiwifruit 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 has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final 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. A proposed rule concerning this action was published in the **Federal Register** on June 17, 2022 (87 FR 36412). Copies of the proposed rule were also mailed or sent via email to all California kiwifruit handlers. A copy of the proposed rule was made available through the internet by AMS. A 60-day comment period ending August 16, 2022, was provided for interested persons to respond to the proposal. Three comments were received in favor of the rule. Accordingly, no changes have been 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: *https://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 recommendations submitted by the Committee and other available information, USDA has determined that this final rule is consistent with and will effectuate the purposes of the Act. In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this final rule. List of Subjects 7 CFR Part 920 Kiwifruit, Marketing agreements, Reporting and recordkeeping requirements. 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges, Plums, Prunes. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR parts 920 and 944 as follows: PART 920—KIWIFRUIT GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 920 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Amend § 920.302 by: a. Revising paragraphs (a)(2), (a)(4) heading, and (a)(4)(i); and b. In paragraph (a)(4)(ii)(A): i. Designating the table as table 1 to paragraph (a)(4)(ii)(A); ii. Revising the three column headings; iii. Removing the entry for “45 or smaller” and adding an entry for “45” in its place; and iv. Adding an entry for “49” in numerical order and footnotes 1 and 2 at the end of the table. The revisions and additions read as follows: § 920.302 Grade, size, pack, and container regulations.
(a)* * *
(2)*Size requirements.* Such kiwifruit, except for varieties of the *Actinidia chinensis* species, shall be at least a minimum Size 45, defined as a maximum of 55 pieces of fruit in an 8-pound sample. Varieties of the *Actinidia chinensis* species shall be at least a minimum Size 49, defined as a maximum of 64 pieces of fruit in an 8-pound sample.
(4)*Pack requirements.*
(i)Kiwifruit packed in containers with cell compartments, cardboard fillers, or molded trays shall be of proper size for the cells, fillers, or molds in which they are packed. Such fruit, except for varieties of the *Actinidia chinensis* species, shall be fairly uniform in size. (ii)(A) * * * Table 1 to Paragraph (a)(4)(ii)(A) —Size Designation and Size Variation Chart Size designation Maximum number of fruit per 8-pound sample Size variation tolerance (diameter) 1 * * * * * * * 45 55 1/4 -inch (6.4 mm). 2 49 64 Not applicable. 1 Not applicable to *Actinidia chinensis* species varieties. 2 Applicable only to *Actinidia chinensis* species varieties. PART 944—FRUITS; IMPORT REGULATIONS 3. The authority citation for 7 CFR part 944 continues to read as follows: Authority: 7 U.S.C. 601-674. 4. Amend § 944.550 by revising paragraph
(a)to read as follows: § 944.550 Kiwifruit import regulation.
(a)Pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended, the importation into the United States of any kiwifruit is prohibited unless such kiwifruit meets all the requirements of a U.S. No. 1 grade as defined in the United States Standards for Grades of Kiwifruit (7 CFR 51.2335 through 51.2340), except that the kiwifruit shall be “not badly misshapen,” and an additional tolerance of 16 percent is provided for kiwifruit that is “badly misshapen,” and except that such kiwifruit shall have a minimum of 6.2 percent soluble solids. Such fruit, except for varieties of the *Actinidia chinensis* species, shall be at least Size 45, which means there shall be a maximum of 55 pieces of fruit in an 8-pound sample. Varieties of the *Actinidia chinensis* species shall be at least Size 49, which means there shall be a maximum of 64 pieces of fruit in an 8-pound sample. The average weight of all samples in a specific lot must weigh at least 8 pounds (3.632 kilograms), provided that no individual sample may be less than 7 pounds 12 ounces (3.472 kilograms). Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2023-01701 Filed 1-27-23; 8:45 am]
Connectionstraces to 6
7 references not yet in our index
- 7 CFR 900.2(j)
- 7 CFR 920
- 7 USC 601-674
- 7 CFR 944.550
- 5 USC 601-612
- 7 CFR 944
- 7 CFR 51.2335
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Cite7 CFR 900.2(j)
Cite7 CFR 920
Cite7 USC 601-674
Cite7 CFR 944.550
Cite5 USC 601-612
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