59790 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

§ 457.121 Arizona-California citrus crop 

insurance provisions. 

* * * * * 

3. Insurance Guarantees, Coverage 

Levels, and Prices 

* * * * * 

(b) Instead of reporting your 

production of marketable fresh fruit for 

the current crop year, as required by 

section 3(f)(1) of the Basic Provisions, 

there is a lag year and you are required 

to report production from two crop 

years ago by the production reporting 

date, e.g., 2023 crop year production 

must be reported by the production 

reporting date for the 2025 crop year. 

* * * * * 

■ 5. In § 457.131 in the ‘‘Macadamia Nut 

Crop Provisions’’, section 3: 

■ i. In paragraph (c), remove the words 

‘‘The yield used to compute your 

production guarantee will be 

determined in accordance with Actual 

Production History (APH) regulations, 7 

CFR part 400, subpart G, and applicable 

policy provisions’’ and add ‘‘Your 

approved yield will be determined in 

accordance with sections 3 and 5 of the 

Basic Provisions’’ in their place; and 

■ ii. Revise paragraph (d). 

The revision reads as follows: 

§ 457.131 Macadamia nut crop insurance 

provisions. 

* * * * * 

3. Insurance Guarantees, Coverage 

Levels, and Prices 

* * * * * 

(d) Instead of reporting your 

production for the current crop year, as 

required by section 3(f)(1) of the Basic 

Provisions, there is a lag year and you 

are required to report production from 

two crop years ago by the production 

reporting date, e.g., 2023 crop year 

production must be reported by the 

production reporting date for the 2025 

crop year. 

* * * * * 

■ 6. In § 457.175, in the ‘‘California 

Avocado Crop Provisions’’, in section 3, 

revise paragraph (e) and the last two 

sentences of paragraph (f)(2) to read as 

follows: 

§ 457.175 California avocado crop 

insurance provisions. 

* * * * * 

3. Insurance Guarantees, Coverage 

Levels, and Prices 

* * * * * 

(e) Instead of reporting your 

production for the current crop year as 

required by section 3(f)(1) of the Basic 

Provisions, you are required to report 

the production for the crop year that 

ended on the October 31 immediately 

preceding the cancellation date, e.g., 

2023 crop year production must be 

reported by the production reporting 

date for the 2025 crop year. 

(f) * * * 

(2) * * * The percentages will be 

those described in sections 3 and 5 of 

the Basic Provisions. All other 

provisions of sections 3 and 5 of the 

Basic Provisions apply. 

* * * * * 

Marcia Bunger, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2023–18689 Filed 8–29–23; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–TP–0012] 

RIN 1904–AD47 

Energy Conservation Program: Test 

Procedure for Room Air Conditioners 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Correcting amendments. 

SUMMARY: On March 29, 2021, the U.S. 

Department of Energy (‘‘DOE’’) 

published a final rule that amended the 

test procedure for room air conditioners 

(‘‘room ACs’’). This document corrects 

errors in the amended regulatory text as 

it appeared in the March 2021 final rule. 

Neither the errors nor the corrections in 

this document affect the substance of 

the rulemaking or any conclusions 

reached in support of the final rule. 

DATES: Effective August 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Lucas Adin, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 287– 

5904. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Sarah Butler, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–1777. Email: 

sarah.butler@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DOE published a final rule in the 

Federal Register on March 29, 2021, 

amending the procedure for room ACs 

at title 10 of the Code of Federal 

Regulations (‘‘CFR’’), part 430, subpart 

B, appendix F (‘‘appendix F’’). 86 FR 

16446. Since publication of the final 

rule, DOE identified errors in the 

regulatory text for the room AC test 

procedure. The first identified error in 

the regulatory text is in section 4.2.1 of 

appendix F, which states, ‘‘If the unit 

has an inactive mode, as defined in 

section 2.14 of this appendix, as defined 

in section 2.17 of this appendix, 

measure and record the average inactive 

mode power, Pia, in watts.’’ Since the 

term ‘‘inactive mode’’ is defined in 

section 2.14, the phrase ‘‘as defined in 

section 2.17’’ is erroneous and should 

be removed from that sentence. The 

second error is in section 5.3.6, in 

which the term ‘‘AECia/om’’ is defined to 

mean ‘‘annual energy consumption in 

inactive mode of off mode, in kWh/year, 

determined in section 5.1 of this 

appendix.’’ Section 5.1 correctly defines 

‘‘AECia/om’’ as annual energy 

consumption in inactive mode and off 

mode. Thus, the definition in section 

5.3.6 should read ‘‘annual energy 

consumption in inactive mode and off 

mode, in kWh/year, determined in 

section 5.1 of this appendix.’’ Similarly, 

the definition for ‘‘AECia/om’’ in sections 

5.2.2 and 5.3.7 should also read ‘‘annual 

energy consumption in inactive mode 

and off mode, in kWh/year, determined 

in section 5.1 of this appendix.’’ 

II. Need for Correction 

As published, the regulatory text in 

the March 2021 final rule may result in 

confusion as to the meaning of these 

terms and the references to provisions 

elsewhere in the test procedure. Because 

this final rule would simply correct 

errors in the text without making 

substantive changes in the March 2021 

final rule, the changes addressed in this 

document are technical in nature. 

III. Procedural Issues and Regulatory 

Review 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the March 2021 final rule 

remain unchanged for this final rule 

technical correction. These 

determinations are set forth in the 

March 2021 final rule. 86 FR 16446, 

16472. 

Pursuant to the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), 

DOE finds that there is good cause to 

not issue a separate notice to solicit 

public comment on the changes 

contained in this document. Issuing a 

separate notice to solicit public 

comment would be impracticable, 

unnecessary, and contrary to the public 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59791 

interest. Neither the errors nor the 

corrections in this document affect the 

substance of the March 2021 final rule 

or any of the conclusions reached in 

support of the final rule. Providing prior 

notice and an opportunity for public 

comment on correcting objective, 

typographical errors that do not change 

the substance of the test procedure 

serves no useful purpose. 

Further, this rule correcting a 

regulatory text error makes nonsubstantive changes to the test 

procedure. As such, this rule is not 

subject to the 30-day delay in effective 

date requirement of 5 U.S.C. 553(d) 

otherwise applicable to rules that make 

substantive changes. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on August 23, 2023, 

by Francisco Alejandro Moreno, Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on August 23, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE corrects part 430 of 

chapter II, subchapter D, of title 10 of 

the Code of Federal Regulations by 

making the following correcting 

amendments: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Amend Appendix F to subpart B of 

part 430 by: 

■ a. Revising section 4.2.1; 

■ b. In section 5.2.2, revising the 

definitions of ‘‘AECia/om’’; 

■ c. In section 5.3.6, revising the 

definitions of ‘‘AECia/om’’; and 

■ d. In section 5.3.7, revising the 

definitions of ‘‘AECia/om’’. 

The revisions read as follows: 

Appendix F to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Room Air 

Conditioners 

* * * * * 

4. * * * 

4.2 * * * 

4.2.1 If the unit has an inactive mode, as 

defined in section 2.14 of this appendix, 

measure and record the average inactive 

mode power, Pia, in watts. 

* * * * * 

5. * * * 

5.2 * * * 

5.2.2 * * * 

AECia/om = annual energy consumption in 

inactive mode and off mode, in kWh/year, 

determined in section 5.1 of this appendix. 

* * * * * 

5.3 * * * 

* * * * * 

5.3.6 * * * 

AECia/om = annual energy consumption in 

inactive mode and off mode, in kWh/year, 

determined in section 5.1 of this appendix. 

* * * * * 

5.3.7 * * * 

AECia/om = annual energy consumption in 

inactive mode and off mode, in kWh/year, 

determined in section 5.1 of this appendix. 

* * * * * 

[FR Doc. 2023–18529 Filed 8–29–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 766 

[Docket No. 230824–0204] 

RIN 0694–AJ36 

Revisions of Temporary Denial Order 

Provisions To Allow for Extended 

Renewals in Certain Circumstances 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to create an additional option for 

the renewal of temporary denial orders 

(TDOs) by allowing BIS, under certain 

circumstances, to request that the 

Assistant Secretary for Export 

Enforcement renew an existing TDO for 

a period of no more than one year, 

rather than the current renewal period 

of no more than 180 days. This final 

rule also makes some conforming 

changes to remove references to the 

‘‘EAA,’’ the Export Administration Act 

(EAA), and add in their place references 

to ‘‘ECRA,’’ the Export Control Reform 

Act (ECRA), to reflect the EAR’s current 

statutory authority. 

DATES: This rule is effective on August 

29, 2023. 

FOR FURTHER INFORMATION CONTACT: John 

Sonderman, Director, Office of Export 

Enforcement, Bureau of Industry and 

Security, Phone: (202) 482–5079, Email: 

EEinquiry@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A. Amendment of Temporary Denial 

Order Provisions To Allow for Extended 

Renewals in Certain Circumstances 

This final rule amends § 766.24 of the 

EAR (15 CFR parts 730 through 774) by 

adding an additional sentence after the 

first sentence of paragraph (d)(1). 

Specifically, this final rule creates an 

additional option for the renewal of 

temporary denial orders (TDOs) by 

allowing BIS, under certain 

circumstances, to request that the 

Assistant Secretary for Export 

Enforcement renew an existing TDO for 

a period of no more than one year, 

rather than the current renewal period 

of no more than 180 days. 

This final rule does not change the 

current language set forth in the first 

sentence of paragraph (d)(1), which 

allows BIS to request the renewal of a 

TDO for a period of 180 days by 

demonstrating that such a renewal is 

necessary in the public interest to 

prevent an imminent violation of the 

EAR. Rather, this final rule allows BIS 

to request the renewal of a TDO for an 

extended period by demonstrating that 

a party that is subject to an existing TDO 

has engaged in a pattern of repeated, 

ongoing and/or continuous apparent 

violations of the EAR. 

Under the current standard set forth 

in § 766.24(d)(1), a ‘‘violation may be 

‘imminent’ either in time or degree of 

likelihood’’ (15 CFR 766.24(b)(3)), and 

BIS may show ‘‘either that a violation is 

about to occur, or that the general 

circumstances of the matter under 

investigation or case under criminal or 

administrative charges demonstrate a 

likelihood of future violations.’’ Id. As 

to the likelihood of future violations, 

BIS may show that the violation under 

investigation or charge ‘‘is significant, 

deliberate, covert and/or likely to occur 


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