50765 Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Rules and Regulations 
administration, $284,000 for marketing 
activities, $379,485 for research, and $42,900 for inspection. Budgeted expenses for these items during the 2021 fiscal year were $531,300, $238,000, $334,531, and $48,000, respectively. The Committee deliberated on many of the expenses, weighed the relative value of various programs or projects, and decreased their expenses for marketing and research activities while increasing program administration. Overall, the 2022 budget of $1,245,085 is $93,254 more than the $1,151,831 budgeted for the 2021 fiscal year. 
Prior to arriving at this budget and 
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 increased olive production. The assessment rate of $16.00 per ton of assessable olives was derived by considering anticipated expenses, the high 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 2020 crop year was $1,060 per ton and the quantity of assessable olives harvested in the 2021 crop year is 43,336 tons, which makes total producer revenue $45,936,160 ($1,060 multiplied by 43,336 tons). Therefore, utilizing the assessment rate of $16.00 per ton, the assessment revenue for the 2022 fiscal year as a percentage of total producer revenue is expected to be approximately 1.5 percent ($16.00 multiplied by 43,336 tons divided by $45,936,160 multiplied by 100). 
This action will decrease 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, decreasing the assessment rate reduces the burden on handlers and may also reduce the burden on producers. 
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 November 10, 2021, 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 in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. 
This rule does 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. 
USDA has not identified any relevant 
Federal rules that duplicate, overlap, or conflict with this final rule. 
A proposed rule concerning this 
action was published in the Federal Register on April 14, 2022 (87 FR 
22142). Copies of the proposed rule were also mailed or sent via email to all olive handlers. A copy of the proposed rule was made available through the internet by AMS and https://www.regulations.gov. A 60-day 
comment period ending June 13, 2022, 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 final rule is consistent with and will 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 is amending 7 CFR part 932 as follows: 
PART 932—OLIVES GROWN IN 
CALIFORNIA 
■1. The authority citation for 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, 2022, an 
assessment rate of $16.00 per ton is established for California olives. 
Erin Morris, 
Associate Administrator, Agricultural 
Marketing Service. 
[FR Doc. 2022–17759 Filed 8–17–22; 8:45 am] 
BILLING CODE P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Food and Drug Administration 
21 CFR Part 1141 
[Docket No. FDA–2019–N–3065] 
RIN 0910–AI39 
Tobacco Products; Required Warnings 
for Cigarette Packages and Advertisements; Delayed Effective Date 
AGENCY : Food and Drug Administration, 
HHS. 
ACTION : Final rule; delay of effective 
date. 
SUMMARY : As required by an order 
issued by the U.S. District Court for the Eastern District of Texas, this action delays the effective date of the final rule (‘‘Tobacco Products; Required Warnings for Cigarette Packages and Advertisements’’), which published on March 18, 2020. The new effective date is October 6, 2023. 
DATES : The effective date of the rule 
amending 21 CFR part 1141 published at 85 FR 15638, March 18, 2020, and delayed at 85 FR 32293, May 29, 2020; 86 FR 3793, January 15, 2021; 86 FR 36509, July 12, 2021; 86 FR 50855, September 13, 2021; 86 FR 70052, December 9, 2021; 87 FR 11295, March 1, 2022; and 87 FR 32990, June 1, 2022, is further delayed until October 6, 2023. 
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1R.J. Reynolds Tobacco Co. et al. v. United States 
Food and Drug Administration et al., No. 6:20–cv– 
00176 (E.D. Tex. filed April 3, 2020). 
2R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. May 8, 2020) (order granting joint motion 
and establishing schedule), Doc. No. 33. 
3R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. December 2, 2020) (order granting Plaintiffs’ motion and postponing effective date), Doc. No. 80. 
4R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. March 2, 2021) (order granting Plaintiffs’ motion and postponing effective date), Doc. No. 89. 
5R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. May 21, 2021) (order granting Plaintiffs’ motion and postponing effective date), Doc. No. 91. 6R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. August 18, 2021) (order postponing 
effective date), Doc. No. 92. 
7R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. November 12, 2021) (order postponing effective date), Doc. No. 93. 
8R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. February 10, 2022) (order postponing effective date), Doc. No. 94. 
9R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. May 10, 2022) (order postponing effective date), Doc. No. 96. 
10R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. August 10, 2022) (order granting Plaintiffs’ motion and postponing effective date), Doc. No. 100. FOR FURTHER INFORMATION CONTACT : 
Courtney Smith, Office of Regulations, 
Center for Tobacco Products, Food and Drug Administration, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993–0002, 1–877–287–1371, email: CTPRegulations@fda.hhs.gov. 
SUPPLEMENTARY INFORMATION : In the 
Federal Register of March 18, 2020, the Food and Drug Administration (FDA or Agency) issued a final rule establishing new cigarette health warnings for cigarette packages and advertisements. The final rule implements a provision of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) (Pub. L. 111–31) that requires FDA to issue regulations requiring color graphics depicting the negative health consequences of smoking to accompany 
new textual warning label statements. The Tobacco Control Act amends the Federal Cigarette Labeling and Advertising Act of 1965 (Pub. L. 89–92) to require each cigarette package and advertisement to bear one of the new required warnings. The final rule specifies the 11 new textual warning label statements and accompanying color graphics. Pursuant to section 201(b) of the Tobacco Control Act, the rule was published with an effective date of June 18, 2021, 15 months after the date of publication of the final rule. 
On April 3, 2020, the final rule was 
challenged in the U.S. District Court for the Eastern District of Texas.
1On May 
8, 2020, the court granted a joint motion to govern proceedings in that case and postpone the effective date of the final rule by 120 days.
2On December 2, 2020, 
the court granted a new motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.
3On March 2, 2021, the court 
granted another motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.
4On 
May 21, 2021, the court granted another motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.
5On August 18, 
2021, the court issued an order to postpone the effective date of the final 
rule by an additional 90 days.6On 
November 12, 2021, the court issued another order to postpone the effective date of the final rule by an additional 90 days.
7On February 10, 2022, the court 
issued another order to postpone the 
effective date of the final rule by an additional 90 days.
8On May 10, 2022, 
the court issued another order to 
postpone the effective date of the final rule by an additional 90 days.
9On 
August 10, 2022, the court granted a 
motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.
10The court ordered 
that the new effective date of the final 
rule is October 6, 2023. Pursuant to the court order, any obligation to comply with a deadline tied to the effective date is similarly postponed, and those obligations and deadlines are now tied to the postponed effective date. 
To the extent that 5 U.S.C. 553 applies 
to this action, the Agency’s implementation of this action without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based 
on the good cause exception in 5 U.S.C. 553(b)(B). Seeking public comment is impracticable, unnecessary, and contrary to the public interest. The 90- day postponement of the effective date, until October 6, 2023, is required by court order in accordance with the court’s authority to postpone a rule’s effective date pending judicial review (5 U.S.C. 705). Seeking prior public comment on this postponement would have been impracticable, as well as contrary to the public interest in the orderly issuance and implementation of regulations. 
Dated: August 12, 2022. 
Lauren K. Roth, 
Associate Commissioner for Policy. 
[FR Doc. 2022–17761 Filed 8–17–22; 8:45 am] 
BILLING CODE 4164–01–P DEPARTMENT OF LABOR 
Occupational Safety and Health 
Administration 
29 CFR Part 1956 
[Docket No. OSHA–0022–0008] 
RIN 1218–AD41 
Massachusetts State Plan for State and 
Local Government Employers; Initial Approval Determination 
AGENCY : Occupational Safety and Health 
Administration (OSHA), Labor. 
ACTION : Final rule. 
SUMMARY : The Massachusetts State and 
Local Government Only State Plan, a State occupational safety and health, applicable only to Massachusetts State and local Government employees (workers of the State and its political subdivisions), is approved as a developmental plan under the Occupational Safety and Health Act of 1970 and OSHA regulations. OSHA’s decision to grant the Massachusetts State Plan initial approval is based on its determination that the Massachusetts State Plan meets, or will meet within three years, OSHA’s State Plan approval criteria, and that Massachusetts has provided adequate assurances that it will be at least as effective as Federal OSHA in protecting the safety and health of Massachusetts State and local Government workers. The Massachusetts State Plan is eligible to receive funding from the Department of Labor’s Fiscal Year 2022 budget. 
DATES : This final rule is effective August 
18, 2022. 
FOR FURTHER INFORMATION CONTACT : For 
press inquiries: Contact Francis Meilinger, Director, Office of Communications, U.S. Department of Labor; telephone (202) 693–1999; email meilinger.francis2@dol.gov. 
For general and technical 
information: Contact Douglas J. 
Kalinowski, Director, OSHA Directorate of Cooperative and State Programs, U.S. Department of Labor; telephone (202) 693–2200; email: kalinowski.doug@dol.gov. 
Copies of this Federal Register 
document and news releases: Copies of this Federal Register document and 
other documents referenced herein are available at www.regulations.gov, the 
Federal eRulemaking Portal, in Docket No. OSHA–2022–0008. Electronic copies of this document, as well as news releases and other relevant information, are also available at OSHA’s web page at: www.osha.gov. 
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