This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3699 

Vol. 87, No. 16 

Tuesday, January 25, 2022 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 925 

[Doc. No.: AMS–SC–21–0049; SC21–925–2] 

Amendments to the Marketing Order of 

Grapes Grown in a Southeastern 

California 

AGENCY: Agricultural Marketing Service 

(AMS), Department of Agriculture 

(USDA). 

ACTION: Proposed rule and referendum 

order. 

SUMMARY: This rulemaking proposes 

amendments to Marketing Order No. 

925, which regulates the handling of 

grapes grown in a designated area of 

southeastern California. The proposed 

amendments would change the 

California Desert Grape Administrative 

Committee’s (Committee) size, and its 

quorum and voting requirements. 

DATES: The referendum will be 

conducted from February 14 through 

March 4, 2022. The representative 

period for the referendum is January 1 

through December 31, 2021. 

ADDRESSES: Interested persons with 

questions and comments are invited to 

submit written questions and comments 

to the Docket Clerk, Market 

Development Division, Specialty Crops 

Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; or 

Telephone: (202) 720–2491. 

FOR FURTHER INFORMATION CONTACT: 

Pushpa Kathir, Marketing Specialist, or 

Matthew Pavone, Rulemaking Services 

Branch Chief, Market Development 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW, Stop 0237, Washington, DC 

20250–0237; Telephone: (202) 720– 

2491, or Email: Pushpa.Kathir@usda.gov 

or Matthew.Pavone@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) 720–2491, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 5 U.S.C. 553, proposes amendments 

to regulations issued to carry out a 

marketing order as defined in 7 CFR 

900.2(j) are proposed. This proposal is 

issued under Marketing Order No. 925, 

as amended (7 CFR part 925), regulating 

the handling of grapes grown in a 

designated area of southeastern 

California. Part 925 (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 grape 

producers and handlers operating 

within the area of production, and a 

public member. 

The Department of Agriculture 

(USDA) is issuing this proposed rule in 

conformance with Executive Orders 

12866 and 13563. 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. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

In addition, this proposed 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. The Agricultural 

Marketing Service (AMS) has 

determined this proposed 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 proposal has also been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule shall 

not be deemed to preclude, preempt, or 

supersede any State program covering 

grapes grown in a designated area of 

southeastern California. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 8c(15)(A) of the Act (7 U.S.C. 

608 (15)(A)), 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. A 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 

no later than 20 days after the date of 

entry of the ruling. 

Section 1504 of the Food, 

Conservation, and Energy Act of 2008 

(2008 Farm Bill) (Pub. L. 110–246) 

amended section 8c(17) of the Act, 

which in turn required the addition of 

supplemental rules of practice to 7 CFR 

part 900 (73 FR 49307; August 21, 

2008). The amendment of section 8c(17) 

of the Act and supplemental rules of 

practice authorize the use of informal 

rulemaking (5 U.S.C. 553) to amend 

Federal fruit, vegetable, and nut 

marketing agreements and orders. USDA 

may use informal rulemaking to amend 

marketing orders depending upon the 

nature and complexity of the proposed 

amendments, potential regulatory and 

economic impacts on affected entities, 

and any other relevant matters. 

AMS has considered these factors and 

has determined that the amendments 

proposed herein are not unduly 

complex and the nature of the proposed 

amendments is appropriate for utilizing 

the informal rulemaking process to 

amend the Order. 

The Committee unanimously 

recommended the amendments 

following deliberations at a public 

meeting on April 13, 2021. This 

proposal would amend the Order by 


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3700 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 

changing the Committee’s size, and its 

quorum and voting requirements. 

A proposed rule soliciting comments 

on the proposed amendments was 

published in the Federal Register on 

August 13, 2021 (86 FR 44644). Two 

comments were received in support of 

the proposed amendments, so no 

changes will be made to the proposed 

amendments. 

AMS will conduct a producer 

referendum to determine support for the 

proposed amendments. If appropriate, a 

final rule will then be issued to 

effectuate the amendments, if they are 

favored by producers in the referendum. 

Proposal 1—Reduce Committee Size 

§ 925.20 provides that the Committee 

consists of 12 members and, for each 

member of the Committee, there must be 

an alternate who has the same 

qualifications as the member. This 

proposal would amend § 925.20 by 

reducing the size of the Committee from 

12 to 10 members. The requirement that 

each member has an alternate with the 

same qualifications as the member 

would remain unchanged. Four 

members and their alternates would be 

producers or officers or employees of 

producers (producer members). Four 

members and their alternates would be 

handlers or officers or employees of 

handlers (handler members). One 

member and alternate would be either a 

producer or handler or officer or 

employee thereof. One member and 

alternate would represent the public. 

Since promulgation of the Order in 

1980, the California table grape industry 

has seen reductions of about 55 percent 

of its producers and 58 percent of its 

registered handlers, which makes it 

difficult to find eligible members to fill 

all positions on the Committee. Industry 

consolidation and land development 

pressure due to conversion of lands for 

residential and commercial uses have 

contributed to this decline. Decreasing 

the Committee’s size from 12 members 

to 10 members would make Committee 

membership more reflective of today’s 

industry and enable the Committee to 

fill all its member positions without 

difficulty. 

Proposal 2—Revise Quorum and Voting 

Requirements 

Currently, § 925.30 states that eight 

members of the Committee shall 

constitute a quorum, and any action of 

the committee shall require at least eight 

concurring votes. 

The proposed change would modify 

§ 925.30 to allow six members to 

constitute a quorum including, at a 

minimum, one producer member and 

one handler member, with six 

concurring votes required to pass any 

motion or approve any Committee 

action. 

The Committee is experiencing 

difficulties filling member seats and 

obtaining a quorum at meetings to 

conduct business activities. Adjusting 

current requirements would enable the 

Committee to operate fully, mitigating 

the risk of not establishing a quorum 

during scheduled meetings and not 

having the required votes to pass any 

action. These changes would help to 

streamline the Committee’s operations 

and increase its effectiveness. 

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 proposed 

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 so 

that small businesses will not be unduly 

or disproportionately burdened. 

Small agricultural producers have 

been defined by the Small Business 

Administration (SBA) (13 CFR 121.201) 

as those having annual receipts of no 

more than $1,000,000. Small 

agricultural service firms (handlers) are 

defined as those with annual receipts of 

no more than $30,000,000. 

Proposed amendments to the Order 

would reduce the number of members 

and alternates seats on the Committee 

from 12 to 10 and reduce the quorum 

and voting requirements from 8 to 6 

members. These amendments are 

necessary to reflect the industry’s 

consolidation. Since promulgation of 

the Order in 1980, the California table 

grape industry has lost roughly 55 

percent of its producers and 58 percent 

of its registered handlers. 

Committee reports that there are 21 

producers and 10 handlers of table 

grapes in the production region. 

Committee packout reports show that 

average annual packout for 2018 

through 2020 was 3.2127 million 18- 

pound containers, equivalent to 28,914 

tons. The 3-year average of California 

fresh table grape prices was $1,267 per 

ton. Multiplying quantity by price 

yields an annual average crop value 

estimate of $36.634 million. Dividing 

the average crop value estimate by the 

number of producers (21) yields an 

average crop value per producer of 

$1.744 million, moderately larger than 

the SBA small farm size threshold of 

$1,000,000. Therefore, using the 

estimated prices, packout volume, and 

number of producers and assuming a 

normal bell-curve distribution of 

receipts among producers, AMS 

estimates the majority of producers 

would qualify as large businesses under 

the SBA definition. 

Dividing the average crop value of 

$36.634 million by the number of 

handers (10) yields a per-handler 

estimate of $3.663 million, well below 

the SBA small business threshold of 

$30,000,000 in annual receipts. 

However, that computation measures 

handler annual receipts using producerlevel crop value data, since AMS is 

unable to locate an estimate of a handler 

margin. A range of handler margin 

estimates would be 30 to 40 percent 

above the grower price. Applying those 

two percentages, a range of handler 

annual receipts estimates would be $4.8 

to $5.1 million, still well below 

$30,000,000. Therefore, using these 

estimated prices, utilization volume, 

handler margin estimates and number of 

handlers, AMS estimates that the 

majority of handlers would meet the 

SBA definition of small businesses. 

AMS has determined that the 

proposed amendments would not have 

a significant impact on a substantial 

number of small businesses. Both large 

and small entities would be expected to 

benefit from the Committee’s improved 

ability to address important issues on a 

timely basis. The proposed reduction in 

the number of seats on the Committee, 

and the reduced quorum and voting 

requirements, would not require any 

significant changes in producer or 

handler business operations, and no 

significant industry educational effort 

would be needed. Producers and 

handlers, large and small would incur 

no additional costs. No small businesses 

would be unduly or disproportionately 

burdened. 

The Committee unanimously 

recommended the proposed 

amendments at a public meeting on 

April 13, 2021. If these proposals are 

approved in a referendum, there would 

be no direct financial effects on 

producers or handlers. However, these 

proposed changes would have indirect 

financial effects—decreased 

administrative costs to producers and 

Committee staff stemming from fewer 

resources required to the annual 

preparation of multiple nomination 

notices and meetings, and reduced 

travel expenses associated with carrying 

out annual duties. 

Since 1980, the number of producers 

and handlers operating in the industry 

has decreased, which makes it difficult 

to find enough members to fill positions 

on the Committee. Decreasing the 

Committee’s size would make it more 

reflective of today’s industry. No 


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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 3701 

1This order shall not become effective unless and 

until the requirements of § 900.14 of the rules of 

practice and procedure governing proceedings to 

formulate marketing agreements and marketing 

orders have been met. 

economic impact is expected if the 

proposed amendments are approved 

because they would not establish any 

new regulatory requirements on 

handlers, nor would they have any 

assessment or funding implications. 

There would be no change in financial 

costs associated with reporting or 

recordkeeping requirements if this 

proposal is approved. 

Alternatives to this proposal, 

including making no changes at this 

time, were considered by the 

Committee. Due to changes in the 

industry, AMS believes the proposals 

are justified and necessary to ensure the 

Committee’s ability to locally 

administer the program. Reducing the 

size of the Committee would enable it 

to satisfy membership, and quorum and 

voting requirements fully, thereby 

ensuring a more efficient and orderly 

flow of business. 

Paperwork Reduction Act 

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. 0581–0189, Fruit 

Crops. No changes in those 

requirements are necessary because of 

this action. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

California table grape 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 action. 

The Committee’s meetings are widely 

publicized throughout the southeastern 

California table grape production area. 

All interested persons are invited to 

attend the meetings, whether held 

virtually or in-person, and encouraged 

to participate in Committee 

deliberations on all issues. As with all 

Committee meetings, the April 13, 2021, 

meeting was public, and all entities, 

both large and small, were encouraged 

to express their views on the proposed 

amendments. 

A proposed rule concerning this 

action was published in the Federal 

Register on August 13, 2021 (86 FR 

44644). A copy of the rule was sent via 

email to the Committee Manager for 

disposal to all Committee members and 

California table grape handlers. Finally, 

the proposed rule was made available 

by USDA through the internet and the 

office of the Federal Register. A 60-day 

comment period ending October 12, 

2021, was provided to allow interested 

persons to respond to the proposal. Two 

comments were received during the 

comment period, both of which were in 

support of the proposed amendments. 

However, one commentor was 

concerned that the restructure of the 

Committee might limit the participation 

of interested parties in the industry. 

Further, the commentor suggested 

adding a requirement for periodic 

review of the Committee structure to the 

regulations. 

USDA and the Committee encourage 

the participation of all eligible 

interested parties in the administration 

of the Order. The proposed restructuring 

of the Committee is not intended to 

limit the participation of individuals on 

the Committee, but rather to reflect the 

current industry demographic and to 

facilitate the ability of the Committee to 

function moving forward. Furthermore, 

the Committee has the ability to 

recommend changes to the Committee 

structure when it is deemed 

appropriate, and the addition of a 

regulatory review requirement is not 

necessary. As such, no changes will be 

made to the amendments 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. 

Findings and Conclusions 

The findings and conclusions, and 

general findings and determinations 

included in the proposed rule set forth 

in the August 13, 2021, issue of the 

Federal Register are hereby approved 

and adopted. 

Marketing Order 

Annexed hereto and made a part 

hereof is the document entitled ‘‘Order 

Amending the Order Regulating the 

Handling of Grapes Grown in a 

Designated Area of Southeastern 

California.’’ This document has been 

decided upon as the detailed and 

appropriate means of effectuating the 

foregoing findings and conclusions. It is 

hereby ordered that this entire proposed 

rule be published in the Federal 

Register. 

Referendum Order 

It is hereby directed that a referendum 

be conducted in accordance with the 

procedure for the conduct of referenda 

(7 CFR 900.400 through 900.407) to 

determine whether the annexed order 

amending the Order regulating the 

handling of grapes grown in a 

designated area of southeastern 

California is approved by growers, as 

defined under the terms of the Order, 

who during the representative period 

were engaged in the production of 

grapes in the production area. The 

representative period for the conduct of 

such referendum is hereby determined 

to be January 1, 2021, through December 

31, 2021. 

The agents designated by the 

Secretary to conduct the referendum are 

Jeffery Rymer and Gary D. Olsen, 

Western Region Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA; Telephone: (559) 

487–5901, Fax: (559) 487–5906, or 

Email: Jeffery.Rymer@usda.gov or 

GaryD.Olsen@usda.gov, respectively. 

Order Amending the Order Regulating 

the Handling of Grapes Grown in a 

Designated Area of Southeastern 

California 1

Findings and Determinations 

The findings hereinafter set forth are 

supplementary to the findings and 

determinations which were previously 

made in connection with the issuance of 

Marketing Order 925; and all said 

previous findings and determinations 

are hereby ratified and affirmed, except 

insofar as such findings and 

determinations may be in conflict with 

the findings and determinations set 

forth herein. 

1. Marketing Order 925 as hereby 

proposed to be amended and all the 

terms and conditions thereof, would 

tend to effectuate the declared policy of 

the Act; 

2. Marketing Order 925 as hereby 

proposed to be amended regulates the 

handling of grapes grown in a 

designated area of southeastern 

California and is applicable only to 

persons in the respective classes of 

commercial and industrial activity 

specified in the Order; 

3. Marketing Order 925 as hereby 

proposed to be amended is limited in 


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3702 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 

application to the smallest regional 

production area which is practicable, 

consistent with carrying out the 

declared policy of the Act, and the 

issuance of several marketing orders 

applicable to subdivisions of the 

production area would not effectively 

carry out the declared policy of the Act; 

4. Marketing Order 925 as hereby 

proposed to be amended prescribes, 

insofar as practicable, such different 

terms applicable to different parts of the 

production area as are necessary to give 

due recognition to the differences in the 

production and marketing of grapes 

produced or packed in the production 

area; and 

5. All handling of grapes produced or 

packed in the production area as 

defined in Marketing Order 925 is in the 

current of interstate or foreign 

commerce or directly burdens, 

obstructs, or affects such commerce. 

Order Relative to Handling 

It is therefore ordered, that on and 

after the effective date hereof, all 

handling of grapes grown in a 

designated area of southeastern 

California shall be in conformity to, and 

in compliance with, the terms and 

conditions of the said Order as hereby 

proposed to be amended as follows: 

The provisions of the proposed 

marketing order amending the Order 

contained in the proposed rule issued 

by the Administrator and published in 

the Federal Register (86 FR 44644) on 

August 13, 2021, will be and are the 

terms and provisions of this order 

amending the Order and are set forth in 

full herein. 

List of Subjects in 7 CFR Part 925 

Grapes, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

925 as follows: 

PART 925—GRAPES GROWN IN A 

DESIGNATED AREA OF 

SOUTHEASTERN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 925 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 925.20, revise paragraph (a) to 

read as follows: 

§ 925.20 Establishment and membership. 

(a) There is hereby established a 

California Desert Grape Committee 

consisting of 10 members, each of whom 

shall have an alternate who shall have 

the same qualifications as the member. 

Four of the members and their alternates 

shall be producers, or officers or 

employees of producers (producer 

members). Four of the members and 

their alternates shall be handlers, or 

officers or employees of handlers 

(handler members). One member and 

alternate shall be either a producer or 

handler, or an officer or employee 

thereof. One member and alternate shall 

represent the public. 

* * * * * 

■ 3. In § 925.30, revise paragraph (a) to 

read as follows: 

§ 925.30 Procedure. 

(a) Six members of the committee 

shall constitute a quorum, including at 

a minimum one producer member and 

one handler member, and any action of 

the committee shall require at least six 

concurring votes. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–01306 Filed 1–24–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–STD–0035 and EERE– 

2021–TP–0036] 

Energy Conservation Program: Test 

Procedure and Energy Conservation 

Standards for Consumer Products; 

Consumer Air Cleaners 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is initiating rulemaking 

activities to consider potential test 

procedure and energy conservation 

standards for consumer air cleaners. 

Through this request for information 

(‘‘RFI’’), DOE seeks data and 

information regarding development and 

evaluation of a new test procedure that 

would be reasonably designed to 

produce test results which reflect energy 

use during a representative average use 

cycle for the product without being 

unduly burdensome to conduct. 

Additionally, this RFI solicits 

information regarding the development 

and evaluation of potential new energy 

conservation standards for consumer air 

cleaners, and whether such standards 

would result in significant energy 

savings, be technologically feasible and 

economically justified. DOE also 

welcomes written comments from the 

public on any subject within the scope 

of this document (including those topics 

not specifically raised), as well as the 

submission of data and other relevant 

information. 

DATES: Written comments and 

information are requested and will be 

accepted on or before February 24, 2022. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2021–BT–STD–0035 and 

EERE–2021–BT–TP–0036, by any of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: to 

AirCleaners2021STD0035@ee.doe.gov or 

AirCleaners2021TP0036@ee.doe.gov. 

Include docket number EERE–2021–BT– 

STD–0035 and EERE–2021–BT–TP– 

0036 in the subject line of the message. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

IV of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing Coronavirus disease 2019 

(‘‘COVID–19’’) pandemic. DOE is 

currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 


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