Unknown. Final rule

3,696 words·~17 min read·/register/2023/07/14/2023-14856·

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--- schema: federal-register doc_type: fedreg source_file: FR-2023-07-14.xml --- 88 134 Friday, July 14, 2023 Contents Agricultural Marketing Agricultural Marketing Service RULES United States Standards for Soybeans, 45055-45057 2023-14856 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Business-Cooperative Service NOTICES Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing, 45238-45239 2023-15014 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45215-45218 2023-14953 2023-14955 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Hospital Outpatient Prospective Payment System: Remedy for the 340B-Acquired Drug Payment Policy for Calendar Years 2018-2022; Correction, 45126 C1-2023-14623 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45218-45219 2023-14985 C1-2023-14176 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Guidance for Tribal Temporary Assistance for Needy Families Program, 45219-45220 2023-15001 Civil Rights Civil Rights Commission NOTICES Meetings: Massachusetts Advisory Committee, 45133 2023-14895 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Hurricanes and Tropical Storms in Captain of the Port Zone North Carolina, 45123-45126 2023-14945 NOTICES Request for Membership Applications: National Merchant Mariner Medical Advisory Committee, 45232-45233 2023-14947 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Development Community Development Financial Institutions Fund NOTICES Meetings:

Community Development Advisory Board, 45271-45272 2023-14960 Defense Acquisition Defense Acquisition Regulations System NOTICES Request for Information: Department of Defense Contract Finance Study Follow-up Activity, 45190-45191 2023-14959 Defense Department Defense Department See Defense Acquisition Regulations System Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: eZ-Audit: Electronic Submission of 90/10 Revenue Attestations for Proprietary Institutions, 45191 2023-14936 Applications for New Awards:

Demonstration Grants for Indian Children and Youth Program--Native American Teacher Retention Initiative; Correction, 45192 2023-14928 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting, 45089-45098 2023-14642 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

California; 1997 Annual Fine Particulate Matter Serious and Clean Air Act Section 189(d) Nonattainment Area Requirements; San Joaquin Valley, CA, 45276-45323 2023-14687 NOTICES Environmental Impact Statements; Availability, etc., 45205 2023-14937 2023-14968 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Southwest United States, 45058-45060 2023-14948 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures;

Miscellaneous Amendments, 45060-45063 2023-14931 2023-14932 PROPOSED RULES Airworthiness Directives: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 45102-45106 2023-14880 Airbus SAS Airplanes, 45112-45118 2023-14851 2023-14878 Austro Engine GmbH Engines, 45118-45121 2023-14751 Bombardier, Inc., Airplanes, 45121-45123 2023-14879 Rolls-Royce Deutschland Ltd and Co KG Turbofan Engines, 45106-45109 2023-14837 Safran Helicopter Engines, S.A.(Type Certificate Previously Held by Turbomeca, S.A.

) Engines, 45109-45112 2023-14843 Federal Communications Federal Communications Commission PROPOSED RULES Radio Broadcasting Services: Lihue, HI, 45126-45127 2023-15009 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45205-45214 2023-14792 2023-14800 2023-14801 2023-14914 2023-14915 2023-14916 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45196-45197 2023-14989 Application:

Black Canyon Hydro, LLC; Seminoe Pumped Storage Project; Revised Schedule, 45199-45200 2023-14991 Montana Department of Natural Resources and Conservation, 45194-45195 2023-14899 Spencer Mountain Hydropower, LLC, 45197-45198 2023-14990 Complaint: HF Sinclair Refining and Marketing, LLC; Valero Marketing and Supply Co. v. SFPP, LP, 45194 2023-14996 Zenith Energy Terminals Holdings, LLC v. Tallgrass Pony Express Pipeline, LLC, and Tallgrass Terminals, LLC, 45195-45196 2023-14997 Effectiveness of Exempt Wholesale Generator Status:

Umbriel Solar, LLC, Cattlemen Solar Park, LLC, Crooked Lake Solar, LLC, et al., 45193-45194 2023-14993 Environmental Assessments; Availability, etc.: Great Basin Gas Transmission Co.; 2024 Expansion Project, 45202 2023-14987 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Columbia Gas Transmission, LLC, 45198-45199 2023-14897 National Fuel Gas Supply Corp., 45200-45201 2023-14896 Meetings: New England Winter Gas-Electric Forum; Inviting Post-Forum Comments, 45192-45193 2023-14995 Scoping Period:

Florida Gas Transmission Co., LLC, 45202-45205 2023-14900 Surrender of Preliminary Permit: Daybreak Power, Inc., 45200 2023-14988 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action: Little Cottonwood Canyon Project in Utah; Record of Decision, 45268-45269 2023-14992 Federal Reserve Federal Reserve System RULES Reserve Requirements of Depository Institutions (Regulation D), 45057-45058 2023-14637 Federal Trade Federal Trade Commission RULES Rules of Practice, 45063 C1-2023-12630 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45214-45215 2023-14913 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Policy Regarding Voluntary Prelisting Conservation Actions, 45243-45245 2023-14943 Food and Drug Food and Drug Administration RULES Nomenclature Change for Dockets Management; Technical Amendment, 45063-45068 2023-14716 NOTICES Charter Amendments, Establishments, Renewals and Terminations: National Mammography Quality Assurance Advisory Committee, 45226-45227 2023-14919 Debarment Order:

Mark Moffett; Conviction Reversal; Final Order Withdrawing, 45228-45229 2023-14929 Guidance: Manufacturing Changes and Comparability for Human Cellular and Gene Therapy Products, 45222-45223 2023-14917 Postmarketing Studies and Clinical Trials: Determining Good Cause for Noncompliance with the Federal Food, Drug, and Cosmetic Act, 45225-45226 2023-14905 Meetings: Pediatric Advisory Committee, 45220-45221 2023-14923 Request for Applications: New Members of the Clinical Trials Transformation Initiative/Food and Drug Administration Patient Engagement Collaborative, 45223-45225 2023-14920 Requests for Nominations:

Industry Organizations Interested in Participating in the Selection Process for Nonvoting Industry Representatives and Nonvoting Industry Representatives on Public Advisory Committees, 45227-45228 2023-14922 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 45272-45273 2023-14964 Government Printing Government Publishing Office NOTICES Congressionally Mandated Reports: Office of Management and Budget/Government Publishing Office Guidance, 45215 2023-14966 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 Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Committee on Heritable Disorders in Newborns and Children, 45229-45230 2023-14957 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2024 Rental Housing Finance Survey, 45233-45234 2023-14950 Manufactured Home Construction and Safety Standards Act Reporting Requirements, 45237-45238 2023-14938 Public Housing Capital Fund Amendments to the Annual Contributions Contract, 45242-45243 2023-14970 Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing, 45238-45239 2023-15014 Privacy Act;

Systems of Records, 45234-45237, 45239-45242 2023-14907 2023-14909 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Tribal-State Class III Gaming Compacts in the State of California (Federated Indians of Graton Rancheria, California and State of California), 45245-45246 2023-14894 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Meetings: National Museum and Library Services Board; Correction, 45248 2023-14978 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Tax-Exempt Organization Complaint (Referral), 45273-45274 2023-14954 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Freight Rail Couplers and Parts Thereof from the People's Republic of China, 45135-45140 2023-14891 2023-14892 Dioctyl Terephthalate from the Republic of Korea, 45140-45141 2023-14934 Multilayered Wood Flooring from the People's Republic of China, 45142-45143 2023-14933 Prestressed Concrete Steel Wire Strand from Ukraine, 45133-45135 2023-14984 Request for Panel Review:

United States-Mexico-Canada Agreement, 45141-45142 2023-14921 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prohibited Transaction Class Exemption 1985-68 to Permit Employee Benefit Plans to Invest in Customer Notes of Employers, 45247 2023-14908 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contractor and Subcontractor Compensation Plans, 45247-45248 2023-14898 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Examining Distraction and Driver Monitoring Systems to Improve Driver Safety, 45269-45271 2023-14949 National Institute National Institute of Standards and Technology NOTICES Meetings: Advisory Committee on Earthquake Hazards Reduction, 45146 2023-14963 National Conference on Weights and Measures 2023 Annual, 45143-45146 2023-14969 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 45231-45232 2023-14958 2023-14974 National Center for Advancing Translational Sciences, 45230 2023-14956 National Eye Institute, 45230 2023-14975 2023-14979 National Institute of Neurological Disorders and Stroke, 45231 2023-14926 National Institute on Deafness and Other Communication Disorders, 45231 2023-14976 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Dusky Rockfish in the West Yakutat District of the Gulf of Alaska, 45098-45099 2023-14972 Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska, 45098 2023-14952 NOTICES Environmental Assessments; Availability, etc.: Funding, Procurement, and Operation of Small Uncrewed Aircraft Systems, 45148-45149 2023-14951 Fisheries of the Exclusive Economic Zone off Alaska: Research Priorities for the North Pacific Fishery Management Council, 45147-45148 2023-14924 Permits;

Applications, Issuances, etc.: Marine Mammals and Endangered Species, 45146-45147 2023-14918 Taking or Importing of Marine Mammals: City of Cordova Harbor Rebuild Project, Cordova, AK, 45149-45172 2023-14686 Marine Geophysical Survey of the Blake Plateau in the Northwest Atlantic Ocean, 45172-45190 2023-14946 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 45246 2023-14961 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 45248 2023-15092 Patent Patent and Trademark Office RULES Changes to the Representation of Others before the United States Patent and Trademark Office, 45078-45088 2023-14606 Personnel Personnel Management Office PROPOSED RULES Federal Employees' Retirement System: Present Value Conversion Factors for Spouses of Deceased Separated Employees, 45100-45102 2023-14983 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS U.S. Nationals Abroad, Hostage-Taking and Wrongful Detention;

Continuation of National Emergency (Notice of July 12, 2023), 45325-45327 2023-15138 Rural Business Rural Business-Cooperative Service NOTICES Funding Opportunity: Rural Energy for America Program Technical Assistance Grant Program, 45128-45133 2023-14832 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45259-45262 2023-14998 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Amendments to the National Market System Plan Governing the Consolidated Audit Trail, 45253 2023-15000 Joint Standards for Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies, 45263 2023-14999 Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq Phlx, LLC, 45253-45259 2023-14911 The Nasdaq Stock Market, LLC, 45248-45253 2023-14910 Small Business Small Business Administration NOTICES Disaster Declaration: Maine; Public Assistance Only, 45264 2023-15004 North Dakota;

Public Assistance Only, 45263-45264 2023-15005 State Department State Department RULES Visas: Nonimmigrant Visas; Immigrant Visas, 45068-45077 2023-14538 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Dispute Resolution Procedures under the Fixing America's Surface Transportation Act, 45264-45265 2023-14941 Petitions for Declaratory Orders and Petitions for Relief Not Otherwise Specified, 45266-45267 2023-14942 Report of Fuel Cost, Consumption, and Surcharge Revenue, 45265-45266 2023-14940 Exemption:

Acquisition; Carolina Coastal Railway, Inc.; Line of Clinton Industrial Switching District, Inc., d/b/a Clinton Terminal Railroad Co., 45266 2023-14982 Request for Nominations: Railroad-Shipper Transportation Advisory Council Vacancy, 45267-45268 2023-14967 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Foreign Assets Control Office See Internal Revenue Service NOTICES Government Securities:

Call for Large Position Reports, 45274 2023-15006 Separate Parts In This Issue Part II Environmental Protection Agency, 45276-45323 2023-14687 Part III Presidential Documents, 45325-45327 2023-15138 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. 88 134 Friday, July 14, 2023 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 800 and 810 [Doc.

No. AMS-AMS-22-0083] United States Standards for Soybeans AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is revising the United States Standards for Soybeans by removing soybeans of other colors

(SBOC)as an official factor. In addition, AMS is revising the table of Grade Limits and Breakpoints for Soybeans to reflect this change. DATES: This rule is effective September 1, 2023. FOR FURTHER INFORMATION CONTACT: Barry Gomoll, USDA AMS; Telephone:

(202)720-8286; Email: *Barry.L.Gomoll@usda.gov.* SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 551 *et seq.,* amends regulations, at 7 CFR part 800 and part 810, issued under the United States Grain Standards Act (7 U.S.C. 71-87k), as amended (USGSA). Section 4 of the USGSA (7 U.S.C. 76(a)) grants the Secretary of Agriculture the authority to establish standards for grain regarding kind, class, quality, and condition. Background In response to requests from grain industry representatives, AMS published a proposed rule in the **Federal Register** on March 31, 2023 (88 FR 19229), inviting interested parties to comment on the proposed removal of SBOC as an official factor for soybeans. AMS regularly reviews grain standards to ensure their effectiveness in meeting the quality requirements of grain moving in the value chain. An increase in the amount of SBOC in officially graded soybean lots over the past two years has led to a decrease in the marketability of U.S. soybeans versus those from other exporting countries. In the proposed rule, AMS invited stakeholders to comment on the effect of removing SBOC as an official grade-determining factor. Additionally, the proposed rule addressed making the standards effective on an expediated timeline. According to the USGSA, “No standards established or amendments or revocations of standards under this chapter shall become effective less than one calendar year after promulgation thereof, unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner” (7 U.S.C. 76(b)(1)). In the proposed rule, AMS argued that effecting the standards change in a shorter timeframe is in the public's interest and invited comments to determine if this is the case. Comment Review AMS received 14 comments in response to the proposed rule. All 14 comments were in favor of the proposed changes. The comments received were submitted by individuals, small businesses, trade organizations, and producer advocacy groups. Two commenters were national and state organizations representing soybean growers. Another comment was submitted by a large grain trade organization and was cosigned by 43 organizations that represent grain handling, storage, export, processing, as well as seed and feed sectors. The remainder of comments were from individuals representing small producers and trade businesses. Many comments expressed favor toward the proposed rule, noting that there is no significant difference in end-use quality between soybeans with differing levels of SBOC. Nine of the comments included this information, in some form or another. Of these, four specifically cited the study that AMS conducted, based on the recommendation of the Grain Inspection Advisory Committee. 1 1 *https://www.ams.usda.gov/sites/default/files/media/FGISSBOCStudy.pdf.* Five of the comments noted that the inclusion of SBOC, as a grade factor, causes U.S. soybeans to be less competitive in the world export market. Two of these comments also noted that other major soybean producing countries do not use a factor like SBOC to determine soybean quality. Some comments referenced the negative impact that higher levels of SBOC had on growers and handlers of soybeans. Five commenters mentioned that SBOC, as a grade determining factor, has led to reduced income for growers who failed to meet the standard for U.S. No. 2 Yellow Soybeans on SBOC alone. Two comments noted that higher SBOC levels has led to increased operational cost, such as having to pay for extra inspections or trucking soybeans longer distances to find buyers. Commenters also asserted that keeping SBOC, as a grading criterion, would be contrary to the stated objectives of the USGSA, which states that the grading standards shall “offer users of such standards the best possible information from which to determine end-product yield and quality of grain” and “reflect the economic value-based characteristics in the end uses of grain” (7 U.S.C. 74(b)(3)). AMS agrees with the commentors. The comment process is designed to give interested parties an opportunity to present data, views, and arguments. The needs of the trade in soybeans requires this change for U.S. soybeans to be competitive in the export market, and the available data shows that SBOC does not affect soybean quality. Therefore, AMS is amending the standards for soybeans. Implementation Period AMS invited interested parties to comment on whether the proposed changes should go into effect by September 1, 2023. The Agency sought such comments because the USGSA requires that changes to the grain standards may not be made effective within one calendar year of their promulgation “unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner” (7 U.S.C. 76(b)(1)). This provision was put into place to allow industry participants adequate time to adjust and transition to new standards. However, in this case, the soybeans that are more likely to exhibit discolored seedcoats and trigger higher determinations of SBOC in soybean samples are already present in the supply chain. Additionally, based on AMS research showing that the color variation does not materially affect the end use of the soybeans, the Agency did not foresee any deleterious effects to farmers or merchandisers by making the rule effective sooner. As a result of the request for comments regarding the implementation period, AMS received a comment from a national producer organization that strongly urged the Agency to implement the rule in advance of the 2023-2024 soybean marketing year, which begins on September 1, 2023. All other comments were in support of implementing the proposed rule, as published. In light of the comment urging AMS to adopt the new standard quickly, the standard “shall become effective less than one calendar year after promulgation thereof” because “the public health, interest, or safety require that [this standard] become effective sooner [than one year.]” (7 U.S.C. 76(b)(1)). The current standard is unnecessarily increasing costs to the public and farmers, and unnecessarily foreclosing markets for otherwise commercially indistinguishable soybeans. Therefore, AMS will maintain September 1, 2023, as the effective date for implementing the changes contained in this final rule. AMS Action AMS is revising 7 CFR part 810, Subpart J, United States Standards for Soybeans to eliminate SBOC as an official factor but retain it in the standards as part of the definition of the class Yellow soybeans. AMS is also revising 7 CFR 800.86 Inspection of shiplot, unit train, and lash barge grain in single lots, paragraph (c)(2), by removing SBOC from Table 17. List of Subjects 7 CFR Part 800 Administrative practice and procedure, Conflict of interests, Exports, Freedom of information, Grains, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 7 CFR Part 810 Exports, Grain. For reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR parts 800 and 810 as follows: PART 800—GENERAL REGULATIONS 1. The authority citation for part 800 continues to read as follows: Authority: 7 U.S.C. 71-87k. 2. Amend § 800.86 by revising Table 17 to paragraph (c)(2) to read as follows: § 800.86 Inspection of shiplot, unit train, and lash barge grain in single lots.

(c)* * *

(2)* * * Table 17 to Paragraph (c)(2) Grade Maximum limits of— Damaged kernels Heat-damaged (percent) GL BP Total (percent) GL BP Foreign Material (percent) GL BP Splits (percent) GL BP U.S. No. 1 0.2 0.2 2.0 0.8 1.0 0.2 10.0 1.6 U.S. No. 2 0.5 0.3 3.0 0.9 2.0 0.3 20.0 2.2 U.S. No. 3 1 1.0 0.5 5.0 1.2 3.0 0.4 30.0 2.5 U.S. No. 4 2 3.0 0.9 8.0 1.5 5.0 0.5 40.0 2.7 1 Soybeans which are purple mottled or stained shall be graded not higher than U.S. No. 3. 2 Soybeans which are materially weathered shall be graded not higher than U.S. No. 4. PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN 3. The authority citation for part 810 continues to read as follows: Authority: 7 U.S.C. 71-87k. 4. Amend § 810.1602 by revising paragraph (a)(1), removing paragraph (g), and redesignating paragraph

(h)as paragraph (g). The revisions read as follows. § 810.1602 Definition of other terms.

(a)* * *

(1)*Yellow soybeans.* Soybeans that have yellow or green seed coats and which, in cross section, are yellow or have a yellow tinge, and may include not more than 10.0 percent of soybeans of other colors. Soybeans of other colors are soybeans that have black or bicolored seedcoats, as well as soybeans that have green seedcoats and are green in cross section. Bicolored soybeans will have seed coats of two colors, one of which is brown or black, and the brown or black color covers 50 percent of the seed coats. The hilum of a soybean is not considered a part of the seed coat for this determination. 5. Revise § 810.1603 to read as follows: § 810.1603 Basis of determination. Each determination of class, heat-damaged kernels, damaged kernels, and splits is made on the basis of the grain when free from foreign material. Other determinations not specifically provided for under the general provisions are made on the basis of the grain as a whole. 6. Revise § 810.1604 to read as follows: § 810.1604 Grades and grade requirements for soybeans. Grading factors Grades U. S. Nos. 1 2 3 4 Maximum percent limits of: Damaged kernels: Heat (part of total) 0.2 0.5 1.0 3.0 Total 2.0 3.0 5.0 8.0 Foreign material 1.0 2.0 3.0 5.0 Splits 10.0 20.0 30.0 40.0 Maximum count limits of: Other materials: Animal filth 9 9 9 9 Castor beans 1 1 1 1 Crotalaria seeds 2 2 2 2 Glass 0 0 0 0 Stones 1 3 3 3 3 Unknown foreign substance 3 3 3 3 Total 2 10 10 10 10 U.S. Sample grade are soybeans that:

(a)Do not meet the requirements for U.S. Nos. 1, 2, 3, or 4; or

(b)Have a musty, sour, or commercially objectionable foreign odor (except garlic odor); or

(c)Are heating or otherwise of distinctly low quality. 1 In addition to the maximum count limit, stones must exceed 0.1 percent of the sample weight. 2 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, and unknown foreign substances. The weight of stones is not applicable for total other material. Melissa Bailey, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2023-14856 Filed 7-13-23; 8:45 am]

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