This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

13587 

Vol. 89, No. 37 

Friday, February 23, 2024 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Doc. No. AMS–SC–23–0021] 

Dried Prunes Produced in California; 

Suspension of the Marketing Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule suspends the 

Federal marketing order regulating dried 

prunes produced in California (Order) 

effective August 1, 2023, through July 

31, 2030. After operating for 18 years 

without handling regulations, the Prune 

Administrative Committee (Committee) 

recommended the Agricultural 

Marketing Service (AMS) indefinitely 

suspend the Order. After reviewing the 

Committee’s recommendation, AMS 

determined that regulatory suspension 

with a sunset provision of seven years 

is appropriate. This suspension period 

extends through the end of the 2029– 

2030 crop year and provides industry 

sufficient time to assess whether the 

Order’s reinstatement is beneficial. If no 

recommendation is made by the 

Committee to reinstate the Order by the 

end of the 2029–2030 crop year, AMS 

will proceed to terminate the Order. 

DATES: This rule is effective March 25, 

2024, except for amendatory instruction 

3 staying part 993, which is effective 

August 1, 2023, through July 31, 2030, 

stay part 993. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Sasselli, Marketing Specialist, or 

Barry Broadbent, Acting Chief, West 

Region Branch, Market Development 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (559) 487– 

5901, or Email: Jeremy.Sasselli@

usda.gov or Barry.Broadbent@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 Agreement No. 110 and 

Marketing Order No. 993, both as 

amended (7 CFR part 993), regulating 

the handling of dried prunes produced 

in California. Part 993 (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 is comprised of producers 

and handlers of dried prunes operating 

within the area of production, and one 

public member. 

AMS is issuing this final rule in 

conformance with Executive Orders 

12866 and 13563, and 14094. 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. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. 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 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. 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 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. 

This final rule suspends the Order’s 

regulatory provisions. The Committee 

recommended this action at its March 

22, 2023, meeting. Section 993.90(a) of 

the Order provides that the Secretary 

shall terminate or suspend the operation 

of any or all of the provisions of the 

Order, whenever the Secretary finds that 

such provisions do not tend to 

effectuate the declared policy of the Act. 

The Committee meets regularly to 

consider recommendations for 

modification, suspension, or 

termination of the Order, and such 

meetings are open to the public where 

interested persons may express their 

views at these meetings. AMS reviews 

Committee recommendations, including 

information provided by the Committee 

and from other available sources, and 

determines whether such 

recommendations would tend to 

effectuate the declared policy of the Act. 

On May 27, 2005, following a 

recommendation from the Committee, 

AMS indefinitely suspended handling 

and reporting requirements under the 

Order, extended the temporary 

suspension of outgoing inspection and 

volume control regulations, and 

extended the temporary suspension of 

the Prune Import Regulation (70 FR 

30610). Since 2005, the Committee has 


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continued to perform the administrative 

duties prescribed under the Order, 

including the collection of assessments, 

conducting Committee nominations, 

and assessing whether to recommend a 

marketing policy, which may include 

handling regulations. 

On March 22, 2023, the Committee 

held a public meeting to consider the 

future of regulation under the Order. 

The Committee determined that the 

2005 suspension of handling and 

volume regulations did not adversely 

impact the marketing of California 

prunes and that there is no value in 

funding the administrative duties 

prescribed under the Order when the 

handling regulations and reserve control 

provisions are not in effect. The 

Committee discussed terminating the 

Order but rejected the idea because its 

members believe the sector of industry 

is not yet ready to terminate, given the 

length of time and expense that would 

be required to establish a new marketing 

order should regulation again be 

deemed necessary in the future. In 

addition, several Committee members 

expressed the opinion that future 

market conditions may warrant 

regulation, particularly volume control, 

and urged the Committee not to 

terminate the Order at this time. After 

much deliberation, the Committee voted 

unanimously to indefinitely suspend 

the Order with the expectation that the 

Order would either remain indefinitely 

suspended or AMS would at a future 

time act to terminate the Order if no 

recommendation for reinstatement is 

submitted by industry. In the event of 

no such recommendation for 

reinstatement, the Committee would 

take the necessary steps to ensure an 

orderly and complete termination of the 

Order. 

The Committee recommended to AMS 

the Order’s suspension for an indefinite 

period to allow for the reinstatement of 

regulation to remain an option and to 

provide industry time to assess the 

market environment and other external 

factors affecting California prunes. 

Under the suspension, handlers would 

no longer be required to pay 

assessments. The Committee believes 

this cost savings benefits both small and 

large handlers, and that producers will 

also be relieved of some costs because 

such payments are often passed onto 

them by handlers. 

After reviewing the Committee’s 

recommendation and supporting 

materials, AMS included a sunset 

provision that if no recommendation is 

received by July 31, 2030, AMS will 

then issue a rule proposing termination 

of the Order. The Committee agrees that 

a suspension period of seven years is 

adequate time for the California prune 

industry to assess future market 

conditions and reestablishment of the 

Order, if warranted. 

This final rule lifts the portions of the 

Order currently under suspension and 

suspends the entire Order for seven 

years, beginning in the 2023–2024 crop 

year, which started on August 1, 2023, 

and ending with the 2029–2030 crop 

year, which ends on July 31, 2030. If 

industry does not recommend 

reinstating the Order by the end of the 

suspension period, AMS will issue a 

proposal to terminate the Order. 

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 600 

producers of dried prunes in the 

production area and 27 handlers subject 

to regulation under the Order. Small 

agricultural producers are defined by 

the Small Business Administration 

(SBA) as those having annual receipts 

less than $3,500,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $34,000,000 (13 CFR 121.201). 

According to the National 

Agricultural Statistics Service (NASS), 

the average producer price for California 

dried prunes for the 2021 crop was 

$2,000 per ton. NASS further reported 

2021 crop year production for California 

dried prunes was 74,000 tons. The 

estimated total 2021–22 crop year value 

of California dried prunes is 

$148,000,000 (74,000 tons times $2,000 

per ton equals $148,000,000). Dividing 

the estimated total crop value by the 

estimated number of producers (600) 

yields an estimated average receipt per 

producer of $246,667, which is 

considerably lower than the $3,500,000 

SBA small agricultural producer 

threshold. 

In addition, according to USDA 

Market News data, the reported average 

terminal market price for 2022 for 

California dried prunes was $39.04 per 

carton. Dividing the average carton price 

by the 28-pound carton size yields an 

estimated price per pound of $1.39. 

($39.04 average price divided by 28 

pounds). Multiplying $1.39 per pound 

by 2,000 pounds yields $2,780 per ton, 

which, when multiplied by total 

estimated 2021 production of 74,000 

tons, yields estimated total handler 

receipts of $205,720,000. Dividing this 

figure by the 27 regulated handlers 

yields estimated average annual handler 

receipts of $7,619,259, well below the 

$34 million SBA threshold for small 

agricultural service firms. Therefore, 

using the above data, the majority of 

producers and handlers of California 

dried prunes may be classified as small 

entities. 

This final rule suspends all provisions 

of the Order starting August 1, 2023, 

through July 31, 2030. On March 22, 

2023, the Committee voted unanimously 

to indefinitely suspend the Order after 

determining that the 2005 suspension of 

handling regulations, volume control 

and reporting requirements did not 

negatively impact the marketing of 

California prunes and that the costs to 

continue the Order outweighs its benefit 

to industry. The Committee believes the 

suspension will provide a cost savings 

to large and small handlers and 

producers. 

After reviewing the Committee’s 

recommendation and other supporting 

material, AMS included a sunset 

provision that if no recommendation for 

reinstatement is received during the 

suspension period, AMS will proceed to 

terminate the Order. 

This action suspends the Federal 

marketing order regulating dried prunes 

produced in California though July 31, 

2030. Authority for this action is 

provided in section 993.90(a) of the 

Order. 

Committee meetings are widely 

publicized throughout the production 

area. The California dried prune 

industry and all interested persons are 

invited to attend the meetings and 

participate in Committee deliberations 

on all issues. Similarly, the March 22, 

2023, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

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 Crops. OMB’s three-year 

approval of the forms in the Vegetable 

Crops package expires March 31, 2024. 

AMS’s submission of the renewal 

package prior to its expiration will 

retain prune forms but will drawdown 

the information collection burden to 


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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 13589 

zero during the time when respondents 

will not be completing and submitting 

the forms during the seven-year 

suspension. 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 

California dried prune 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 October 12, 2023 (88 FR 

70608). Copies of the proposed rule 

were also mailed or sent via email to 

California prune 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 November 13, 

2023, was provided for interested 

persons to respond to the proposal. 

AMS received two comments. The first 

comment was in support of the 

proposal. The second commenter 

presented an alternative to the proposed 

suspension to transfer all remaining 

marketing order provisions over to the 

State of California Department of Food 

and Agriculture. In response to the 

second comment, the Committee 

determined, and AMS agrees, that there 

is no value in funding the 

administrative duties prescribed under 

the Order when the handling 

regulations and reserve control 

provisions are not in effect. 

Additionally, AMS determined that the 

suspension period, as established 

herein, will provide ample time for the 

consideration of other marketing 

programs should the prune industry 

choose to seek out such alternatives and 

request that AMS terminate the Order 

prior to the end of the suspension 

period. However, if no such request to 

terminate early is submitted or, 

conversely, a petition for reinstatement 

is not received during the suspension 

period, AMS will proceed with 

terminating the Order at end of the 

2029–2030 crop year. 

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 993 

Marketing agreements, Plums, Prunes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 993 as 

follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ 1. The authority citation for part 993 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Effective March 25, 2024, in part 

993, lift the suspension of May 27, 2005, 

on §§ 993.21d, 993.41, 993.48, 993.49, 

993.50, 993.51, 993.52, 993.53, 993.54, 

993.55, 993.56, 993.57, 993.58, 993.59, 

993.62, 993.65, 993.72, 993.73, 993.74, 

993.75, 993.97, 993.104, 993.105, 

993.106, 993.107, 993.108, 993.149, 

993.150, 993.156, 993.157, 993.158, 

993.159, 993.162, 993.165, 993.172, 

993.173, 993.174, 993.400, 993.409, 

993.501, 993.503, 993.504, 993.505, 

993.506, 993.515, 993.516, 993.517, 

993.518, 993.601, and 993.602. 

PART 993—[STAYED] 

■ 3. Effective August 1, 2023, through 

July 31, 2030, stay part 993. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–03630 Filed 2–22–24; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2022–1135] 

Airworthiness Criteria: Special Class 

Airworthiness Criteria for the 

Blackshape S.p.A., Model BK160–200 

Very Light Airplane 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Issuance of final airworthiness 

criteria. 

SUMMARY: The FAA announces the 

airworthiness criteria for the Blackshape 

S.p.A., Model BK160–200 Very Light 

Airplane (VLA). This document sets 

forth the airworthiness criteria that the 

FAA finds to be appropriate and 

applicable for the VLA design. 

DATES: These airworthiness criteria are 

effective February 23, 2024. 

FOR FURTHER INFORMATION CONTACT: Tara 

Fitzgerald, Certification Coordination 

Section, AIR–613, Certification 

Engagement Branch, Policy and 

Standards Division, Aircraft 

Certification Service, Federal Aviation 

Administration; telephone 781–238– 

7130; email tara.fitzgerald@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The European Union Aviation Safety 

Agency (EASA) submitted an 

application to the FAA, on behalf of 

Blackshape S.p.A., on February 10, 

2020, for a type certificate for the Model 

BK160–200 VLA. Under 14 CFR 

21.17(b), VLA are a special class of 

aircraft that utilize airworthiness criteria 

the FAA finds to be appropriate to the 

specific type design. 

The BK160–200 is a single 

reciprocating engine airplane (Lycoming 

IO–320–D1B with constant speed 

Hartzell propeller), full carbon 

composite low wing design, with a 

retractable tri-cycle landing gear. It has 

conventional control systems (elevator, 

aileron, rudder, flaps, and longitudinal 

trim) and provides seats for two persons 

in a tandem seat configuration with a 

maximum takeoff gross weight (MTGW) 

of 850 kilograms (kg) (1,874 pounds). It 

also has advanced avionic displays, a 

stall speed of 50 knots, a rechargeable 

lithium-ion battery, and will perform 

night visual flight rules (VFR) 

operations. 

Discussion of Comments 

The FAA issued a notice of proposed 

airworthiness criteria for the Blackshape 


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