Unknown. Final rule

5,174 words·~24 min read·/register/2023/10/10/2023-22332·

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--- schema: federal-register doc_type: fedreg source_file: FR-2023-10-10.xml --- 88 194 Tuesday, October 10, 2023 Contents Agricultural Marketing Agricultural Marketing Service RULES Olives Grown in California: Marketing Order, 69873-69876 2023-22332 Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon: Increased Assessment Rate, 69876-69879 2023-22331 PROPOSED RULES Pears Grown in Oregon and Washington: Marketing Order, 69888-69891 2023-22335 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 69896 2023-22338 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Extension, 69895-69896 2023-22342 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Healthcare Infection Control Practices Advisory Committee, 69931 2023-22327 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Program Monitoring Activities, 69931-69932 2023-22382 Coast Guard Coast Guard NOTICES Meetings: National Chemical Transportation Safety Advisory Committee, 69936-69937 2023-22410 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 69911 2023-22449 Defense Acquisition Defense Acquisition Regulations System NOTICES Negotiation of a Reciprocal Defense Procurement Agreement with the Republic of India, 69911-69912 2023-22429 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Joint Rules of Appellate Procedure for Courts of Criminal Appeals;

Proposed Changes, 69912-69913 2023-22364 Drug Drug Enforcement Administration RULES Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, 69879-69883 2023-22406 Education Department Education Department RULES Financial Value Transparency and Gainful Employment, 70004-70193 2023-20385 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Help America Vote College Program Application Kits, 69913-69914 2023-22403 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Energy Conservation Standards for Commercial Refrigerators, Freezers, and Refrigerator-Freezers, 70196-70307 2023-21987 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69914 2023-22379 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 69922 2023-22455 2023-22456 2023-22457 Privacy Act; Systems of Records, 69922-69924 2023-22384 Federal Aviation Federal Aviation Administration PROPOSED RULES Airspace Designations and Reporting Points:

Lajitas, TX, 69893-69894 2023-22325 Airworthiness Directives: Various Airplanes, 69891-69893 2023-22352 NOTICES Airport Property: Jacksonville Executive at Craig Airport, Jacksonville, FL, 69982 2023-22365 Federal Communications Federal Communications Commission RULES Empowering Broadband Consumers Through Transparency, 69883 2023-21682 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69925-69930 2023-22424 2023-22425 2023-22426 2023-22427 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings:

Advisory Committee on Economic Inclusion; Correction, 69930 2023-22355 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Bison Pipeline LLC, Northern Border Pipeline Co., Wyoming Interstate Co., LLC, Fort Union Gas Gathering, LLC, 69917-69919 2023-22350 Idaho Falls Power, 69916-69917 2023-22346 Combined Filings, 69920-69922 2023-22400 2023-22401 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Toms River Net Meter Solar, LLC, 69919-69920 2023-22402 Request Under Blanket Authorization and :Establishing Intervention and Protest Deadline:

El Paso Natural Gas Co., LLC, 69914-69916 2023-22345 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action: Proposed Interchange in Georgia, Interstate 20 at County Road 249/Old Mill Road, Morgan and Walton Counties, GA, 69982-69983 2023-22354 Federal Labor Federal Labor Relations Authority RULES Negotiability Proceedings, 69873 C1-2023-19269 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings: Employee Thrift Advisory Council, 69930 2023-22362 Federal Transit Federal Transit Administration NOTICES Funding Opportunity:

Competitive Grants for Rail Vehicle Replacement Program, FY 2024, 69983-69989 2023-22419 Fish Fish and Wildlife Service NOTICES Meetings: Theodore Roosevelt Genius Prize Advisory Council, 69958-69959 2023-22381 Food and Drug Food and Drug Administration NOTICES Information Technology Strategy; Correction, 69932 2023-22388 Revocation of Two Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection and/or Diagnosis of Mpox, 69932-69935 2023-22390 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Salmonella Initiative Program, 69897-69898 2023-22422 Small and Very Small Establishment Outreach Survey, 69898-69899 2023-22356 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 69989-70000 2023-22378 2023-22383 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Derecktor Fort Pierce, LLC; Foreign-Trade Zone 218 (Refurbished Water Vessels and Hulls); Fort Pierce, FL, 69899 2023-22411 Government Printing Government Publishing Office NOTICES Guidance:

Congressionally Mandated Reports, 69930-69931 2023-22336 Meetings: Depository Library Council, 69930 2023-22404 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications, 69879-69883 2023-22406 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Final Endorsement of Credit Instrument, 69954-69955 2023-22420 Land Survey Report for Insured Multifamily Projects, 69955-69956 2023-22418 Project Approval for Single-Family Condominiums, 69953-69954 2023-22415 Property Disposition Foreclosure Sale Bid Kit, 69956-69957 2023-22414 Section 8 Management Assessment Program Certification, 69957-69958 2023-22337 Service Contract Inventory:

Fiscal Year 2021, 69956 2023-22395 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service PROPOSED RULES Transfer of Clean Vehicle Credits Under Section 25E and Section 30D, 70310-70335 2023-22353 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affordable Care Act Grandfathered Health Plan Disclosure, Recordkeeping Requirement, and Change in Carrier Disclosure, 70000 2023-22428 Performance Review Board Membership, 70000-70001 2023-22416 2023-22417 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Carbon Steel Butt-Weld Pipe Fittings from the People's Republic of China, 69909-69910 2023-22368 Certain Corrosion Inhibitors from the People's Republic of China, 69905-69907 2023-22407 Emulsion Styrene-Butadiene Rubber from Mexico, 69907-69909 2023-22369 Fresh Tomatoes from Mexico, 69899-69901 2023-22367 Scope Ruling Applications Filed, 69904-69905 2023-22408 Approved Trade Mission, 69901-69904 2023-22397 International Trade Com International Trade Commission NOTICES Commission Opinion:

Certain Casual Footwear and Packaging Thereof; Correction, 69959 2023-22423 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Progress Report for the STOP Formula Grants Program, 69960-69961 2023-22430 Proposed Consent Decree: CERCLA, 69959-69960 2023-22344 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Request for Examination and/or Treatment, 69961 2023-22330 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation Supplement: Mentor-Protege Program, 69883-69887 2023-21983 NOTICES Privacy Act; System of Records, 69961-69964 2023-22412 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 69964-69965 2023-22409 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings:

Arts and Artifacts Indemnity Panel Advisory Committee, 69965 2023-22398 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Meetings: National Institute on Drug Abuse, 69935-69936 2023-22361 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: U.S. Coral Reef Task Force, 69910-69911 2023-22329 National Science National Science Foundation NOTICES Permits;

Applications, Issuances, etc.: Antarctic Conservation Act, 69965-69966 2023-22366 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Energy Harbor Corp., Energy Harbor Generation LLC., Energy Harbor Nuclear Corp., Perry Nuclear Power Plant, Unit 1, 69967-69969 2023-22374 Meetings; Sunshine Act, 69966 2023-22443 Securities Securities and Exchange Commission NOTICES Order Cancelling Registrations of Certain Municipal Advisors Pursuant to the Securities Exchange Act, 69973 2023-22349 Self-Regulatory Organizations;

Proposed Rule Changes: NYSE American, LLC, 69973-69977 2023-22348 NYSE Arca, Inc., 69969-69973 2023-22347 Small Business Small Business Administration NOTICES Conflicts of Interest: HCAP Partners V, LP, 69980-69981 2023-22431 Disaster Declaration: Florida; Public Assistance Only, 69980 2023-22393 Georgia, 69977-69978 2023-22392 Georgia; Public Assistance Only, 69980 2023-22391 Disaster or Emergency Declaration and Related Determination: Colorado; Public Assistance Only, 69979-69980 2023-22399 Florida, 69980 2023-22396 Exemption under the Small Business Investment Act, Conflicts of Interest:

Everside SBIC I, LP, 69979 2023-22432 Privacy Act; Matching Program, 69978-69979 2023-22389 Surrender of License Of Small Business Investment Company: Escalate Capital Partners SBIC III, LP, 69979 2023-22386 Hudson Ferry Capital II, L.P., 69978 2023-22387 New Canaan Funding Mezzanine V SBIC, LP, 69978 2023-22385 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Beyond the Great Wave: Works by Hokusai from the British Museum, 69982 2023-22360 Scripture and Science:

Our Universe, Ourselves, and Our Place, 69981 2023-22357 Two Works of Art from the Klesch Collection, London, 69981 2023-22358 Wolfgang Tillmans: To look without fear, 69981-69982 2023-22359 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Extension and Redesignation of Cameroon for Temporary Protected Status, 69945-69953 2023-22375 Customs U.S.

Customs and Border Protection NOTICES Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds of Customs Duties, 69937-69939 2023-22413 Immigration U.S. Immigration and Customs Enforcement NOTICES Employment Authorization for Cameroonian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and Current Humanitarian Crisis in Cameroon, 69939-69945 2023-22371 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Veteran Financial and Credit Counseling Services Study, 70001 2023-22339 Separate Parts In This Issue Part II Education Department, 70004-70193 2023-20385 Part III Energy Department, 70196-70307 2023-21987 Part IV Treasury Department, Internal Revenue Service, 70310-70335 2023-22353 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. 88 194 Tuesday, October 10, 2023 Rules and Regulations FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Part 2424 Negotiability Proceedings Corrections In Rule Document 2023-19269, appearing on pages 62445 through 62460 in the issue of Tuesday, September 12, 2023, make the following corrections: § 2424.2 [Corrected] 1.

Beginning on page 62455, in the third column, amendatory instruction 3 is corrected to read as follows: 3. Amend § 2424.2 by revising paragraphs (a), (c)(2) and (c)(3), adding paragraphs (c)(4) through (7), and revising paragraphs

(e)and (f). The revisions and additions read as follows: § 2424.11 [Corrected] 2. On page 62456, in the second column, in the third line from the bottom, “© *Unrequested agency allegation.* ” should read “(c) *Unrequested agency allegation.* ” § 2424.22 [Corrected] 3. On the same page, in the third column, in the fifth line from the bottom, “I *Content.* ” should read, “(c) *Content.* ” § 2424.23 [Corrected] 4. On page 62457, in the second column, in the twenty-seventh and twenty-eighth lines, “€ *Discretionary extension of time limits.* ” should read, “(c) *Discretionary extension of time limits.* ” § 2424.24 [Corrected] 5. On page the page, in the third column, in the fourth line, “I *Content.* ” should read, “(c) *Content.* ” § 2424.25 [Corrected] 6. On page 62458, in the first column, in the twenty-fourth line from the bottom, “I *Content.* ” should read, “(c) *Content.* ” § 2424.31 [Corrected] 7. On page 62459, in the second column, amendatory instruction 14 is corrected to read as follows: 14. Amend § 2424.31 by revising the heading, introductory text, and paragraph

(c)to read as follows: § 2424.32 [Corrected] 8. On page the same page, in the third column, beginning on the nineth line,

(2)and

(e)are corrected to read as set forth below:

(2)Failure to respond to an argument or assertion raised by the other party may, in the Authority's discretion, be treated as conceding such argument or assertion.

(e)*Failure to participate in conferences; failure to respond to Authority orders.* Where a party fails to participate in a post-petition conference pursuant to § 2424.23, a direction or proceeding under § 2424.31, or otherwise fails to provide timely or responsive information pursuant to an Authority order, including an Authority procedural order directing the correction of technical deficiencies in filing, the Authority may, in addition to those actions set forth in paragraph

(d)of this section, take any other action that, in the Authority's discretion, it deems appropriate, including dismissal of the petition for review (with or without prejudice to the exclusive representative's refiling of the petition for review), and granting the petition for review and directing bargaining or rescission of an agency head disapproval under 5 U.S.C. 7114(c) (with or without conditions). § 2424.40 [Corrected] 9. On same page, in the same column, in the sixth line from the bottom, “(d) *Cases involving provisions.* ” should read, “(c) *Cases involving provisions.* ” [FR Doc. C1-2023-19269 Filed 10-5-23; 8:45 am] BILLING CODE 0099-10-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Doc. No. AMS-SC-22-0094] Olives Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule implements a recommendation from the California Olive Committee (Committee) to increase the assessment rate established for the 2023 fiscal year and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective November 9, 2023. FOR FURTHER INFORMATION CONTACT: Jeremy Sasselli, Marketing Specialist, or Gary Olson, Chief, West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA; Telephone:

(559)487-5901 or Email: *Jeremy.Sasselli@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)720-8085, 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 rule is issued under Marketing Order No. 932, as amended (7 CFR part 932), regulating the handling of olives grown in California. Part 932 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 administers the Order and is comprised of producers and handlers of olives operating within the area of production and may have one public member. The Agricultural Marketing Service

(AMS)is issuing this final rule in conformance with Executive Orders 12866, 13563, and 14094. Executive Orders 12866 and 13563 direct agencies to assess 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. Executive Order 14094 updates and modernizes Executive Order 12866 and directs agencies to conduct proactive outreach to engage interested and affected parties through a variety of means, such as through field offices, and alternative platforms and media. 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 that this rule is unlikely to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, California olive handlers are subject to assessments. Funds to administer the Order are derived from such assessments. The assessment rate established herein will be applicable to all assessable olives beginning on January 1, 2023, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, 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. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the District Court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. The Order provides authority for the Committee, with the approval of AMS, to formulate an annual budget of expenses and to collect assessments from handlers to administer the program. The members are familiar with the Committee's needs and with the costs of goods and services in their local area, and can formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting, and all directly affected persons have an opportunity to participate and provide input. This final rule increases the assessment rate from $16 per ton of assessed olives, the rate that was established for the 2022 and subsequent fiscal years, to $35 per ton of assessed olives for the 2023 and subsequent fiscal years. The higher rate is the result of the significantly lower crop size in 2022 (fruit that is marketed over the course of the 2023 fiscal year) and the need to maintain the Committee's financial reserve. The Committee met on December 13, 2022, and unanimously recommended 2023 fiscal year expenditures of $1,154,412 and an assessment rate of $35 per ton of assessed olives. In comparison, last year's budgeted expenditures were $1,245,085. The assessment rate of $35 is $19 higher than the rate currently in effect. Producer receipts show a yield of 19,912 tons of assessable olives from the 2022 crop year, which is substantially less than the quantity of olives harvested in the 2021 crop year, in which 46,359 tons of assessable olives were produced. Olives harvested in 2022 will be marketed over the course of the 2023 fiscal year, which begins on January 1, 2023. The 19,912 tons of assessable olives from the 2022 crop should generate $696,920 in assessment revenue at the $35 per ton assessment rate. The balance of funds needed to cover budgeted expenditures will come from interest income, Federal grants, and the Committee's financial reserve. The 2023 fiscal year assessment rate increase is appropriate to ensure the Committee has sufficient revenue to fund the recommended 2023 fiscal year budgeted expenditures. Funds in the reserve are expected to remain within the Order's requirement of no more than approximately one fiscal year's budgeted expenses. The Order has a fiscal year and a crop year that are independent of each other. The crop year is a 12-month period that begins on August 1 of each year and ends on July 31 of the following year. The fiscal year is the 12-month period that begins on January 1 and ends on December 31 of each year. Olives are an alternate-bearing crop, with a large crop

(2021)followed by a small crop (2022). For this assessment rate rule, the actual 2022 crop year receipts are used to determine the assessment rate for the 2023 fiscal year. The major expenditures recommended by the Committee for the 2023 fiscal year include $547,700 for program administration, $193,000 for marketing activities, $325,712 for research, and $88,000 for inspection. Budgeted expenses for these items during the 2022 fiscal year were $538,700; $284,000; $379,485; and $42,900, respectively. The assessment rate recommended by the Committee resulted from consideration of anticipated fiscal year expenses, actual olive tonnage received by handlers during the 2022 crop year, and the amount in the Committee's financial reserve. Income derived from handler assessments and other revenue sources is expected to be adequate to cover budgeted expenses. The assessment rate established in this rulemaking will continue in effect indefinitely unless modified, suspended, or terminated by AMS upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or AMS. Committee meetings are open to the public and interested persons may express their views at these meetings. AMS will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's budget for subsequent fiscal years will be reviewed and, as appropriate, approved by AMS. 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 final rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 800 producers of olives in the production area and 2 handlers subject to regulation under the Order. Small agricultural producers of olives are defined by the Small Business Administration

(SBA)as those having annual olive receipts of less than $3.5 million (NAICS code 111339, Other Noncitrus Fruit Farming), and small agricultural service firms are defined as those whose annual receipts are less than $34 million (NAICS code 115114, Postharvest Crop Activities) (13 CFR 121.201). Because of the large year-to-year variation in California olive production, it is helpful to use two-year averages of seasonal average grower price when undertaking calculations relating to average grower revenue. The National Agricultural Statistics Service

(NASS)reported season average grower prices of olives utilized for canning for 2020 and 2021 of $1,060 and $1,110 per ton, respectively, with a two-year average price of $1,085. The appropriate quantities to consider are the annual assessable olive quantities, which were 19,912 tons in 2022 and 43,336 tons in 2021, with two-year average production of 31,624 tons. Multiplying 31,624 tons by the two-year average grower price of $1,085 yields a two-year average crop value of $34.312 million. Dividing the crop value by the number of olive producers

(800)yields calculated annual average revenue per producer of $42,890, much less than SBA's size standard of $3.5 million. Thus, the majority of olive producers may be classified as small entities. Dividing the $34.312 million average crop value by 2 (the number of handlers) equals $17.156 million, which is the annual average olive crop value processed by each of the 2 handlers over the two-year period. Subtracting $17.156 million average crop value from the large handler size threshold of $34 million yields a difference of $16.844 million. Dividing the $16.844 million difference by $17.156 average crop value processed by each of the handlers yields an average manufacturing margin of 98 percent to be considered large handlers. A key question is whether 98 percent is a reasonable estimate of a manufacturing margin for the olive canning process. A review of economic literature on canned food manufacturing margins found no recent published estimates. A series of Economic Research Service reports on cost components of farm to retail price spreads, published in the late 1970s and early 1980s, found that margins above crop value for a canned vegetable product were in the range of 76 to 85 percent. These margins are somewhat below the computed margin estimate of 98 percent to reach the $34 million SBA threshold to be a large, canned olive handler. Although the studies are not recent, key observations are that canning technology has not changed significantly in that time period, but canning costs may have risen somewhat. Therefore, the conclusion to be drawn from these computations is that the two handlers are slightly below the large handler threshold of $34 million in annual canned olive sales, using two-year average data, and assuming that the 2 handlers are about the same size. In a large crop year, one or both handlers could be considered large handlers, depending on the proportion of the olive crop that each of the handlers processed. For example, the 2021 quantity of assessable olives was 43,336 tons, and half of that quantity was 21,668 tons. Multiplying that tonnage by the average grower price of $1,085 per ton yields a crop value per handler estimate of $23.51 million. To reach the $34 million size threshold would mean canning costs of at least $10.49 million, which would be a manufacturing margin of 45 percent ($10.49/$23.51)—well below the range of canning margins shown above. The contrasting examples presented here show that in terms of canned olive sales, the processors can be viewed as either being above or below the SBA large handler size threshold, depending on the assumptions used in alternative calculations. This final rule increases the assessment rate collected from handlers for the 2023 and subsequent fiscal years from $16 to $35 per ton of assessable olives. The Committee unanimously recommended 2023 expenditures of $1,154,412 and an assessment rate of $35 per ton. The increased assessment rate of $35 is $19 higher than the 2022 rate. The quantity of assessable olives harvested in the 2022 crop year was 19,912 tons, as compared to 46,359 tons in 2021. Olives are an alternate-bearing crop, with a large crop

(2021)followed by a small crop (2022). Income derived from the $35 per ton assessment rate, along with interest income, Federal grants, and funds from the authorized reserve, should be adequate to meet this fiscal year's budgeted expenditures. The Committee's financial reserve is projected to be sufficient to partially fund 2023 fiscal year budgeted expenditures and remain within the requirements of § 932.40(a)(2) of the Order. The major expenditures recommended by the Committee for the 2023 fiscal year include $547,700 for program administration, $193,000 for marketing activities, $325,712 for research, and $88,000 for inspection. Budgeted expenses for these items during the 2022 fiscal year were $538,700; $284,000; $379,485; and $42,900 respectively. The Committee deliberated on many of the expenses, weighed the relative value of various programs or projects, and decreased the budgeted expenses for research and marketing activities, while increasing the budget for administration and inspection program costs. Overall, the 2023 fiscal year budget of $1,154,412 is $90,673 less than the $1,245,085 budgeted for the 2022 fiscal year. Prior to arriving at the budget and recommended assessment rate, the Committee considered information from various sources including the Committee's Executive, Marketing, Inspection, and Research Subcommittees. Alternate expenditure levels were discussed by these groups, based upon the relative value of various projects to the olive industry and the decreased olive production. The assessment rate of $35 per ton of assessable olives was derived by considering anticipated expenses, the relatively low volume of assessable olives, the current balance in the monetary reserve, and additional pertinent factors. A review of NASS information indicates that the average producer price for the 2021 crop year, the most recent crop year surveyed by NASS, was $851 per ton. The quantity of assessable olives harvested during the 2022 crop year was 19,912 tons, which makes estimated total producer revenue $16,945,112 ($851 multiplied by 19,912 tons). Therefore, using the assessment rate of $35 per ton, the assessment revenue for the 2023 fiscal year as a percentage of estimated total producer revenue is expected to be approximately 4.1 percent ($35 multiplied by 19,912 tons divided by $16,945,112 multiplied by 100). This action increases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, these costs are expected to be offset by the benefits derived by the operation of the Order. The Committee's meetings are widely publicized throughout the production area. The olive industry and all interested persons are invited to attend the meetings and participate in Committee deliberations on all issues. Like all Committee meetings, the December 13, 2022, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In addition, interested persons were invited to submit comments on this rule, including the regulatory and information collection impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178 Vegetable and Specialty Crops. No changes are necessary in those requirements as a result of this action. Should any changes become necessary, they will be submitted to OMB for approval. This final rule will not impose any additional reporting or recordkeeping requirements on either small or large California olive handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. AMS has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action. A proposed rule concerning this action was published in the **Federal Register** on June 16, 2023 (88 FR 39374). Copies of the proposed rule were also mailed or sent via email to California olive handlers. A copy of the proposed rule was made available through the internet by AMS via *https://www.regulations.gov.* A 30-day comment period ending July 17, 2023, was provided for interested persons to respond to the proposal. No comments were received. 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, AMS has determined that this rule tends to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 932 Marketing agreements, Olives, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 932 as follows: PART 932—OLIVES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 932 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 932.230 is revised to read as follows: § 932.230 Assessment rate. On and after January 1, 2023, an assessment rate of $35.00 per ton is established for California olives. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2023-22332 Filed 10-6-23; 8:45 am]

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