51626 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

5REAL ID Modernization Act, Title X, Div. U of 

the Consolidated Appropriations Act, 2021, Public 

Law No. 116–260 (Dec. 27, 2020). 

6See 6 CFR 37.5(b) and (c). 

7See 86 FR 20320 (April 19, 2021). 

8 86 FR 20320. 

9 86 FR 31987 (June 16, 2021). 

10 86 FR at 20322. 

11 ISO approved the standard on August 19, 2021, 

but it is not available until after publication later 

this year. DHS does not expect any material or 

substantive changes between this draft and the final 

published standard. See www.iso.org/standard/ 

69084.html. 12 86 FR 20320 (April 19, 2021). 

purposes, which the Act defines as 

accessing Federal facilities, boarding 

federally regulated commercial aircraft, 

entering nuclear power plants, and any 

other purposes that the Secretary shall 

determine. The REAL ID Modernization 

Act, enacted in December 2020, clarifies 

that the REAL ID Act applies to mobile 

or digital driver’s licenses that have 

been issued in accordance with 

regulations prescribed by the Secretary.5

Beginning on May 3, 2023, Federal 

agencies may only accept driver’s 

licenses and state-issued identification 

documents for official purposes that are 

REAL ID-compliant and issued by a 

REAL ID compliant state.6

On April 19, 2021, DHS published an 

RFI 7 to solicit comments from the 

public to help inform a potential 

rulemaking that would amend 6 CFR 

part 37 to set the minimum technical 

requirements and security standards for 

mDLs to enable Federal agencies to 

accept mDLs for official purposes under 

the REAL ID Act and regulation.8 The 

RFI announced a comment period 

closing on June 18, 2021. On June 16, 

2021, DHS announced a public meeting 

on the RFI on June 30, 2021, to provide 

an additional forum for comments by 

stakeholders and other interested 

persons regarding the issues identified 

in the RFI and extended the comment 

period until July 30, 2021.9

At the public meeting, several 

commenters suggested the importance 

of public access to the draft industry 

standard ISO/IEC 18013–5, which was 

referenced in the RFI.10 To 

accommodate the public’s interest in 

access to the draft standard, the 

American National Standards Institute 

(ANSI) informed DHS that it will make 

the final draft version of the standard, 

known as a Final Draft International 

Standard, or FDIS, available during the 

remainder of the reopened comment 

period.11 See ‘‘Document Availability’’ 

below for instructions on accessing the 

standard. 

Document Availability 

ANSI, which is a private organization 

not affiliated with DHS, will provide 

public access to the final draft industry 

standard ISO/IEC 18013–5 until October 

18, 2021. ANSI advises interested 

persons to visit the following website to 

obtain access: https://www.survey

monkey.com/r/DQVJYMK. This link 

will direct interested persons to a nongovernment website that is not within 

the Federal government’s control and 

may not follow the same privacy, 

security, or accessibility polices as 

Federal government websites. ANSI 

requires individuals to complete an 

online license agreement form, which 

will ask for name, professional 

affiliation, and email address, before 

view-only access to the final draft 

standard will be granted. ANSI will 

provide access on a view-only basis, 

meaning copies of the document cannot 

be downloaded or modified. Individuals 

who access non-governmental sites to 

view this draft standard are subject to 

the policies of the owner of the website. 

DHS continues to invite comments on 

any aspect of RFI through the reopened 

comment period and welcomes any 

additional comments and information 

that would promote an understanding of 

the broader implications of acceptance 

of mobile or digital driver’s licenses by 

Federal agencies for official purposes. In 

addition to comments on the draft 

standard as discussed in detail in the 

RFI,12 this request includes comments 

relating to the economic, privacy, 

security, environmental, energy, or 

federalism impacts that might result 

from a future rulemaking based on input 

received as a result of the RFI. DHS will 

consider all comments received from 

April 19, 2021, through October 18, 

2021. 

Robert Silvers, 

Under Secretary Office of Strategy, Policy, 

and Plans United States Department of 

Homeland Security. 

[FR Doc. 2021–19812 Filed 9–15–21; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1207 

[Document Number AMS–SC–21–0032] 

Amendments to the United States 

Potato Board Membership and 

Assessment Methods 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposal invites 

comments on amendments to the Potato 

Research and Promotion Plan (Plan) as 

recommended by the National Potato 

Promotion Board (Board) and the 

Secretary of the U.S. Department of 

Agriculture (USDA). The Board 

administers the Plan with oversight 

provided by USDA’s Agricultural 

Marketing Service (AMS). The Board 

recommends changing approved sources 

of potato production data used to 

determine the number of Board seats, 

expanding payment methods used to 

remit assessments to include electronic 

submission, and updating the table of 

Harmonized Tariff Schedule of the 

United States (HTS) codes and 

assessment rates for imported potatoes 

and potato products. Finally, proposed 

amendments would insert new language 

eliminating the need to amend the Plan 

just to update the list of relevant HTS 

codes. 

DATES: Comments must be received by 

October 18, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. All 

comments must be submitted through 

the Federal e-rulemaking portal at: 

http://www.regulations.gov and should 

reference the document number, date, 

and page number of this issue of the 

Federal Register. Comments submitted 

in response to this proposed rule will be 

included in the rulemaking record and 

will be made available to the public. 

Please be advised that the identity of 

individuals or entities submitting 

comments will be made public on the 

internet at: http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stacy Jones King, Marketing Specialist, 

Promotion and Economics Division, 

Specialty Crop Program, AMS, USDA, 

Stop 0244, 1400 Independence Avenue 

SW, Room 1406–S, Washington, DC 

20250–0244; telephone: (202) 720–4140; 

or electronic mail: Stacy.JonesKing@

usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal affecting the Plan (7 CFR part 

1207) is authorized under the Potato 

Research and Promotion Act (Act) (7 

U.S.C. 2611–2627). 

Executive Orders 12866 and 13563 

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 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51627 

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. 

Executive Order 13175 

This action has been reviewed in 

accordance with requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. AMS has assessed the 

impact of this proposed rule on Indian 

tribes and determined that this rule 

would not have tribal implications that 

require consultation under Executive 

Order 13175. AMS hosts a quarterly 

teleconference with tribal leaders where 

matters of mutual interest regarding the 

marketing of agricultural products are 

discussed. Information about proposed 

changes to regulations will be shared 

during an upcoming quarterly call, and 

tribal leaders will be informed about 

proposed revisions to the regulation and 

the opportunity to submit comments. 

AMS will work with the USDA Office 

of Tribal Relations to ensure meaningful 

consultation is provided as needed with 

regards to this proposed change to the 

Plan. 

Executive Order 12988 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect. 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 311 of the Act (7 U.S.C. 2620), 

a person subject to a plan may file a 

petition with USDA stating that such 

plan, any provision of such plan, or any 

obligation imposed in connection with 

such plan, is not in accordance with law 

and request a modification of such plan 

or to be exempted therefrom. Such 

person is afforded the opportunity for a 

hearing on the petition. Thereafter, 

USDA will issue a ruling on the 

petition. The Act provides that the 

district court of the United States for 

any district in which the petitioner 

resides or conducts business shall have 

the jurisdiction to review a final ruling 

on the petition, if the petitioner files a 

complaint for that purpose not later 

than 20 days after date of the entry of 

USDA’s final ruling. 

Background 

This proposed rule invites comments 

on proposed amendments to approved 

sources of potato production data used 

to determine the number of Board seats, 

to which each State is entitled. 

Additionally, amendments would 

expand payment methods used to remit 

assessments to include electronic 

submission and update the table of HTS 

codes and assessment rates for imported 

potatoes and potato products. Finally, 

proposed amendments would insert 

new language to avoid future 

amendments to the Plan in the event 

that HTS numbers subject to assessment 

reflected in the table are changed and 

such changes are merely replacements 

of previous numbers. 

Data Sources for Board Membership 

Recommendation 

The Plan became effective on March 

9, 1972. Section 1207.320(b) of the Plan 

provides the formula used to determine 

how many Board member seats each 

State is entitled. Under the Plan, every 

State is eligible to have a Board 

representative and additional members 

based on potato production in that 

State. For each five million 

hundredweight of such production, or 

major fraction thereof, produced within 

each State, such State shall be entitled 

to one additional member. 

The Plan states that total annual 

potato production must come from the 

‘‘latest Crop Production Annual 

Summary Report issued by the Crop 

Reporting Board, U.S. Department of 

Agriculture.’’ See § 1207.320(b). The 

Crop Production Annual Summary 

Report is currently issued by NASS. 

In March 2020, USDA’s NASS and 

AMS communicated to the Board that 

NASS would no longer collect potato 

production data for the following ten 

states: Alaska, Illinois, Kansas, 

Maryland, Missouri, Montana, New 

Jersey, New York, North Carolina, and 

Virginia. In June 2020, NASS estimated 

the cost of collecting data at $80,000 per 

year. The Board considered this 

estimate and concluded that the cost to 

collect this information would exceed 

the value of assessments collected from 

the aforementioned ten States. 

Subsequently, the Board decided to 

temporarily freeze the number of seats 

for those ten States at their 2019 

quantities so that the Board could move 

forward with assigning Board member 

seats for 2020 nominations. 

At a July Board 2020 meeting, Board 

staff presented to the Board’s 

Administrative Committee a summary 

of constraints related to the collection of 

production data. During a January 2021 

meeting, Board staff further discussed 

the need to update the Plan with the 

Administrative Committee and made 

the recommendation to amend the Plan 

during a subsequent meeting on March 

9, 2021. 

The Board recommended to use 

production data from audited 

assessment reports in place of NASS 

data for states not included in NASS 

reports. 

As indicated in Table 1, this 

amendment would allow the Board to 

use audited assessment data in 

instances where NASS data is 

unavailable. 

TABLE 1—NASS PRODUCTION AND BOARD PRODUCTION (BOARD) AND NUMBER OF PRODUCER MEMBERS BY STATE

State NASS 2016 

(cwt) 

NASS 2017 

(cwt) 

NASS 2018 

(cwt) 

Board 2018 

(cwt) 

2016–2018 

NASS avg. 

(1,000 cwt) 

2016–2018 

NASS & 

Board Avg. 

(1,000 cwt) 

2020 NASS 

number of 

members 

(cwt/5,000) 

2020 NASS 

& Board 

number of 

members 

(cwt/5,000) 

Alabama (AL) ................... .................... .................... .................... 70 .................... .................... 1 1 

Illinois (IL) ......................... 2,812 3,321 2,850 394 2,994 2,176 1 1 

Kansas (KS) ..................... 1,260 1,558 1,419 483 1,412 1,100 1 1 

Maryland (MD) ................. .................... 913 510 389 474 651 1 1 

Missouri (MO) .................. 2,410 2,423 1,665 1,012 2,166 1,948 1 1 

Montana (MT) .................. 3,685 3,774 3,830 149 3,763 2,536 1 1 

New Jersey (NJ) .............. .................... 600 530 125 377 363 1 1 

New York (NY) ................. 3,552 4,032 4,118 899 3,901 2,828 1 1 

North Carolina (NC) ......... 2,992 3,473 2,318 1,702 2,928 2,722 1 1 

Virginia (VA) ..................... 1,189 1,193 1,034 450 1,139 944 1 1 

51628 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

Assessment Payment Options 

Recommendation 

The Board also recommended to 

include ‘‘electronic submission’’ in the 

list of allowable methods of payment to 

remit assessments and to remove 

references to drafts and money orders. 

The Board staff stated that allowing 

electronic submission (e.g., bank 

transfer payments (Automated Clearing 

House) (ACH) or wire transfer 

payments) of assessments would 

improve and streamline operations by 

lowering the cost of processing mailed 

checks. The Board recommended 

removing references to drafts and 

money orders as handlers no longer use 

these forms of payment. 

Harmonized Tariff Schedule Table 

Recommendation 

Section 1207.510(b)(3) of the Plan 

contains a table that reflects outdated 

HTS codes, assessment rates, and potato 

categories for imports. 

Pursuant to Section 1207.327(b) of the 

Plan, the Board has the authority to 

recommend to the Secretary 

amendments to this Plan. To reduce 

Federal Register publication costs 

associated with amending the Plan to 

update HTS codes, the Board 

recommended removing the HTS chart 

from the Plan and replacing the HTS 

chart with a reference to HTS codes, 

assessment rates and potato categories 

for imports. 

The Secretary has chosen to adopt 

and propose an alternative approach 

that includes amending the Plan by 

updating the current HTS chart, and 

inserting new language to avoid future 

amendments to the Plan in the event 

that an HTS number subject to 

assessment reflected in the table is 

changed and such change is merely a 

replacement of a previous number. This 

proposed change will reduce future 

Federal Register publication costs 

associated with amending the Plan to 

remain consistent with future updated 

HTS numbers that have no impact on 

the description of potato involved. 

Initial Regulatory Flexibility Act 

Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS is required to examine the 

impact of the proposed rule on small 

entities. Accordingly, AMS has 

considered the economic impact of this 

action on small entities. 

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 

disproportionately burdened. The Small 

Business Administration (SBA) defines, 

in 13 CFR part 121, small agricultural 

producers as those having annual 

receipts of no more than $1 million and 

small agricultural service firms 

(handlers) as those having annual 

receipts of no more than $30 million. 

According to the Board, there were 60 

importers, 955 handlers, and 

approximately 2,500 producers and 

handlers in 2020. 

Most producers would be classified as 

small agricultural production businesses 

under the criteria established by the 

SBA (no more than $1 million in annual 

potato sales). According to the 2017 

Census of Agriculture, published by 

NASS in 2019, there were 16,554 potato 

farms with bearing acreage. Of these 

16,554 farms, 1,417 sold potatoes whose 

annual market value met or exceeded $1 

million. Based on these figures, 91 

percent of U.S. potato producers are 

considered to be ‘‘small’’ under the SBA 

standards. USDA recognizes the 

potential inclusion in its count of 

‘‘small’’ farms those farms whose sales 

of potatoes were exactly $1 million in 

market value; however, USDA lacks the 

data to remedy this, and the number of 

farms who meet this criterion is likely 

quite small. 

This proposal would amend 

§§ 1207.320, 1207.502, 1207.510 and 

1207.513. 

Regarding the economic impact of this 

proposed rule on affected entities, this 

action would impose no costs on 

producers, handlers, or importers. 

Proposed changes are administrative in 

nature and would allow the Board to 

effectively carry out the requirements of 

the Plan. 

In response to the discontinuation of 

NASS collection of potato production 

data for 10 States, USDA considered the 

following alternatives to the proposed 

amendment: Take no action and hold 

constant production level figures for the 

10 States to the final year for which 

NASS published data; or, fund NASS’ 

collection of data for the 10 States using 

Board resources. The first of these 

alternatives would result in the 

potential for Board representation that is 

inconsistent with domestic production. 

Potato production fluctuates 

significantly from year to year. 

Consequently, distribution of Board 

member seats based on a fixed 

production figure would prevent the 

Board from adequately reflecting 

changes that occur in the industry over 

time; therefore, this is not a viable 

alternative. The second alternative 

would result in an annual cost to the 

Board of approximately $80,000 to 

restore the collection of potato 

production data by NASS for the 10 

States which it has omitted. This 

amount exceeds the total value of 

assessments collected from these 10 

States, making this alternative not 

viable. 

In accordance with OMB regulation [5 

CFR part 1320], which implements 

information collection requirements 

imposed by the Paperwork Reduction 

Act of 1995 [44 U.S.C. 3501 et seq.], 

there are no new requirements 

contained in this rule. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this proposed rule. 

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. 

Regarding outreach efforts, all Board 

meetings were open to the public and 

interested persons were invited to 

participate and express their views. No 

concerns were raised. 

We have performed this initial RFA 

regarding the impact of this proposed 

action on small entities and we invite 

comments concerning potential effects 

of this action on small businesses. 

While this proposed rule as set forth 

below has not yet received the approval 

of USDA, it has been determined that it 

is consistent with and would effectuate 

the purposes of the Act. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. All written comments 

received in response to this proposed 

rule will be considered prior to 

finalizing this action. 

List of Subjects in 7 CFR Part 1207 

Advertising, Agricultural research, 

Imports, Potatoes, Reporting and 

recordkeeping requirements. 

For reasons set forth in the preamble, 

7 CFR part 1207 is proposed to be 

amended as follows: 

PART 1207—POTATO RESEARCH 

AND PROMOTION PLAN 

■ 1. The authority citation for 7 CFR 

part 1207 continues to read as follows: 

Authority: 7 U.S.C. 2611–2627; 7 U.S.C. 

7401. 

■ 2. Revise § 1207.320(b) to read as 

follows: 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51629 

§ 1207.320 Establishment and 

membership. 

* * * * * 

(b) Producer membership on the 

Board shall be determined on the basis 

of potato production reported in the 

latest Crop Production Annual 

Summary Report issued by the National 

Agricultural Statistics Service of the 

U.S. Department of Agriculture. If a 

State’s potato production data is not 

provided by the National Agricultural 

Statistics Service, the Board may use an 

alternative data source that reliably 

reflects potato production in the United 

States. Unless the Secretary, upon 

recommendation of the Board, 

determines an alternate basis, for each 

five million hundredweight of such 

production, or major fraction thereof, 

produced within each State, such State 

shall be entitled to one member. 

However, each State shall initially be 

entitled to at least one member. 

* * * * * 

■ 3. Revise § 1207.502(a) to read as 

follows: 

§ 1207.502 Determination of membership. 

(a) Pursuant to § 1207.320 and the 

recommendation of the Board, annual 

producer memberships on the Board 

shall be determined on the basis of the 

average potato production during the 3 

preceding years in each State as set forth 

in the Crop Production Annual 

Summary Reports issued by the 

National Agricultural Statistics Service 

of the U.S. Department of Agriculture. If 

a State’s potato production data is not 

provided by the National Agricultural 

Statistics Service, the Board may use an 

alternative data source that reliably 

reflects potato production in the United 

States. 

* * * * * 

■ 4. Revise § 1207.510 (b)(3) to read as 

follows: 

§ 1207.510 Levy of assessments. 

* * * * * 

(b) * * * 

(3) The Harmonized Tariff Schedule 

(HTS) categories and assessment rates 

on imported tablestock potatoes and 

frozen or processed potatoes for 

ultimate consumption by humans and 

on imported seed potatoes are listed in 

the following table. In the event that any 

HTS number subject to assessment is 

changed and such change is merely a 

replacement of a previous number and 

has no impact on the description of the 

potatoes, assessments will continue to 

be collected based on these new 

numbers. 

TABLE 2 TO PARAGRAPH (b)(3) 

Tablestock potatoes, frozen or processed potatoes, and seed potatoes 

Assessment 

Cents/cwt Cents/kg 

0701.10.0020 ........................................................................................................................................................... 3.0 0.066 

0701.10.0040 ........................................................................................................................................................... 3.0 0.066 

0701.90.1000 ........................................................................................................................................................... 3.0 0.066 

0701.90.5015 ........................................................................................................................................................... 3.0 0.066 

0701.90.5025 ........................................................................................................................................................... 3.0 0.066 

0701.90.5035 ........................................................................................................................................................... 3.0 0.066 

0701.90.5045 ........................................................................................................................................................... 3.0 0.066 

0701.90.5055 ........................................................................................................................................................... 3.0 0.066 

0701.90.5065 ........................................................................................................................................................... 3.0 0.066 

0710.10.0000 ........................................................................................................................................................... 6.0 0.132 

2004.10.4000 ........................................................................................................................................................... 6.0 0.132 

2004.10.8020 ........................................................................................................................................................... 6.0 0.132 

2004.10.8040 ........................................................................................................................................................... 6.0 0.132 

2005.20.0070 ........................................................................................................................................................... 4.716 0.104 

0712.90.3000 ........................................................................................................................................................... 21.429 0.472 

1105.10.0000 ........................................................................................................................................................... 21.429 0.472 

1105.20.0000 ........................................................................................................................................................... 21.429 0.472 

2005.20.0040 ........................................................................................................................................................... 21.429 0.472 

2005.20.0020 ........................................................................................................................................................... 12.240 0.27 

1108.13.0010 ........................................................................................................................................................... 27.0 0.595 

* * * * * 

■ 5. Revise § 1207.513 (c)(1) to read as 

follows: 

§ 1207.513 Payment of assessments. 

* * * * * 

(c) Payment directly to the Board. (1) 

Except as provided in paragraphs (b) 

and (d) of this section, each designated 

handler or importer shall remit 

assessments directly to the Board by 

check or electronic payment. Checks are 

to be made payable to the National 

Potato Promotion Board or the Board’s 

official doing business as name. 

Payment is due not later than 10 days 

after the end of the month such 

assessment is due together with a report 

(preferably on Board forms) thereon. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–19676 Filed 9–15–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–DET–0022] 

RIN 1904–AF25 

Energy Conservation Program: 

Proposed Determination of Air 

Cleaners as a Covered Consumer 

Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of proposed 

determination and request for comment. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) has tentatively