22436 Federal Register / Vol. 87, No. 73 / Friday, April 15, 2022 / Rules and Regulations 

reflects potato production in the United 

States. 

* * * * * 

■ 4. Amend § 1207.510 by revising 

paragraph (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 the new numbers. 

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. Amend § 1207.513 by revising 

paragraph (c)(1) to read as follows: 

§ 1207.513 Payment of assessments. 

* * * * * 

(c) * * * (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. 2022–08042 Filed 4–14–22; 8:45 am] 

BILLING CODE 3410–02–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1707 

[Docket No. DNFSB–2022–0001] 

Testimony by DNFSB Employees and 

Production of Official Records in Legal 

Proceedings 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Direct final rule. 

SUMMARY: The Touhy regulations of the 

Defense Nuclear Facilities Board 

(DNFSB or the Board) set forth 

procedures for responding to requests 

for information, documents, or 

testimony for use in legal proceedings. 

This direct final rule revises the 

regulations by clarifying that Touhy 

regulations only apply when the United 

States or the Board is not a party to the 

underlying legal proceedings. 

DATES: This final rule is effective July 

14, 2022 unless significant adverse 

comments are received by May 16, 2022. 

If the direct final rule is withdrawn as 

a result of such comments, timely notice 

of the withdrawal will be published in 

the Federal Register. 

ADDRESSES: You may submit comments 

at any time prior to the comment 

deadline by the following methods: 

Email: Send an email to comment@

dnfsb.gov. Please include ‘‘Touhy 

Regulations Comments’’ in the subject 

line of your email. 

Mail: Send hard copy comments to 

the Defense Nuclear Facilities Safety 

Board, Attn: Office of the General 

Counsel, 625 Indiana Avenue NW, Suite 

700, Washington, DC 20004–2901. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Hargrave, Associate General 

Counsel, Defense Nuclear Facilities 

Safety Board, 625 Indiana Avenue NW, 

Suite 700, Washington, DC 20004–2901, 

(202) 694–7000. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 5 U.S.C. 301, the 

‘‘Housekeeping Statute,’’ and in 

response to a demand for official 

information that arises out of a legal 

proceeding, many agencies have 

regulations governing the production of 

official information and employee 

testimony relating to official 

information. Known as Touhy 

regulations, after United States ex rel. v. 

Touhy v. Ragen, 340 U.S. 462 (1951), 

these regulations usually prohibit 

unauthorized disclosures of official 

information by employees. These 

regulations also establish procedures for 

agencies responding to subpoenas 

seeking official information or employee 


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Federal Register / Vol. 87, No. 73 / Friday, April 15, 2022 / Rules and Regulations 22437 

testimony relating to official 

information. 

The Board’s Touhy regulations are 

located at 10 CFR part 1707, subpart B 

(§§ 1707.201 through 1707.210). Those 

regulations were established in 2001 

and have not been amended previously. 

The Board is amending its Touhy 

regulations at this time to clarify the 

legal proceedings to which the 

regulations apply. 

Section 1707.102—Applicability 

This direct final rule revises the 

introductory text to remove language 

suggesting that Touhy regulations apply 

when the Board is a party to the legal 

proceeding. This amendment clarifies 

that the regulations apply when the 

United States or the Board is not a party 

to the legal proceeding and will make 

the rule consistent with case law. 

II. Regulatory Analysis 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

5 U.S.C. 601–612, agencies must 

consider the impact of their rulemakings 

on ‘‘small entities’’ (small businesses, 

small organizations, and local 

governments) when publishing 

regulations subject to the notice and 

comment requirements of the 

Administrative Procedure Act. As noted 

below in section III. Rulemaking 

Procedure, the Board has determined 

that notice and the opportunity to 

comment are unnecessary because this 

rulemaking constitutes a limited, 

routine change to clarify the type of 

litigation these regulations apply to. 

Therefore, no analysis is required by the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, as amended, 5 

U.S.C. 804. This rule will not result in 

an annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act 

This rule contains no new reporting 

or recordkeeping requirements under 

the Paperwork Reduction Act (PRA) of 

1995, 44 U.S.C. 3501 et seq. This update 

to the Board’s Touhy regulations does 

not require or request information from 

members of the public. Therefore, this 

rulemaking is not covered by the 

restrictions of the PRA. 

Executive Order 12988 and Executive 

Order 13132—Federalism 

According to Executive Orders 12988 

and 13132, agencies must state in clear 

language the preemptive effect, if any, of 

new regulations. The amendments to 

the agency’s Touhy regulations affect 

only how the Board responds to 

requests for information in legal 

proceedings, and therefore, have no 

effect on preemption of State, tribal, or 

local government laws or otherwise 

have federalism implications. 

Congressional Review Act 

This action is not a ‘‘rule’’ as defined 

in the Congressional Review Act (5 

U.S.C. 804(3)), which excludes any rule 

of agency organization, procedure, or 

practice that does not substantially 

affect the rights or obligations of nonagency parties. 

Finding of No Significant 

Environmental Impact 

The direct final rule amends the 

Board’s regulations for responding to 

requests for information in legal 

proceedings. The procedural change to 

the Touhy implementing regulations 

will not result in significant impacts 

affecting the quality of the human 

environment, unavoidable adverse 

environmental effects, rejection of 

reasonable alternatives to the proposed 

action, or irreversible or irretrievable 

commitments of environmental 

resources. The agency has not consulted 

with any other agencies in making this 

determination. 

III. Rulemaking Procedure 

The Board is publishing this rule 

without a prior proposal because it is a 

limited, clarifying change, and the 

Board does not anticipate any 

significant adverse public comments. 

This amendment will become effective 

on July 14, 2022. However, if the Board 

receives a significant adverse comment 

by May 16, 2022, then the Board will 

publish a document in the Federal 

Register withdrawing this rule and 

publishing the changes as a notice of 

proposed rulemaking. The Board will 

respond to the significant adverse 

comment(s) in that notice of proposed 

rulemaking and take an additional 30 

days of comments before publishing any 

final rule. If no significant adverse 

comment is received, the Board will 

publish a document that confirms the 

effective date of this direct final rule. 

A significant adverse comment is a 

comment in which the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the Board 

staff to reevaluate (or reconsider) its 

position or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the Board. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition; 

or 

(3) The comment causes the Board to 

make a change (other than editorial) to 

the rule. 

List of Subjects in 10 CFR part 1707 

Administrative practice and 

procedure, Conflict of interests, Courts, 

Government employees, Records, 

Subpoenas, Testimony. 

For the reasons described in the 

preamble, the Board amends 10 CFR 

part 1707 as follows: 

PART 1707—TESTIMONY BY DNFSB 

EMPLOYEES AND PRODUCTION OF 

OFFICIAL RECORDS IN LEGAL 

PROCEEDINGS 

■ 1. The authority citation for part 1707 

continues to read as follows: 

Authority: 42 U.S.C. 2286b(c); 44 U.S.C. 

3101–3107, 3301–3303a, 3308–3314. 

Subpart A—General Provisions 

■ 2. Amend § 1707.102 by revising the 

introductory text to read as follows: 

§ 1707.102 Applicability. 

This part applies to demands and 

requests to employees for factual, 


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22438 Federal Register / Vol. 87, No. 73 / Friday, April 15, 2022 / Rules and Regulations 

opinion, or expert testimony relating to 

official information, or for production of 

official records or information, in legal 

proceedings in which the United States 

or the DNFSB is not a named party. 

However, it does not apply to: 

* * * * * 

Dated: April 12, 2022. 

Joyce Connery, 

Chairperson. 

[FR Doc. 2022–08133 Filed 4–14–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0389; Project 

Identifier MCAI–2022–00291–T; Amendment 

39–22003; AD 2022–07–15] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A318, A319, A320, 

and A321 series airplanes. This AD was 

prompted by the detection of several 

channel failures on a newly developed 

braking and steering control unit 

(BSCU). This AD requires replacing 

affected BSCUs and revising the 

operator’s existing FAA-approved 

minimum equipment list (MEL), as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. This AD also 

limits the installation of affected parts. 

The FAA is issuing this AD to address 

the unsafe condition on these products. 

DATES: This AD becomes effective May 

2, 2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 2, 2022. 

The FAA must receive comments on 

this AD by May 31, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For EASA material incorporated by 

reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this IBR material on the EASA 

website at https://ad.easa.europa.eu. 

For Airbus SAS material IBR in this AD, 

contact Airbus SAS, Airworthiness 

Office—EIAS, Rond-Point Emile 

Dewoitine No: 2, 31700 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax 

+33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

internet https://www.airbus.com. You 

may view this material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0389. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0389; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

AD, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, Large 

Aircraft Section, FAA, International 

Validation Branch, 2200 South 216th 

St., Des Moines, WA 98198; telephone 

206–231–3225; email Dan.Rodina@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2022–0389; 

Project Identifier MCAI–2022–00291–T’’ 

at the beginning of your comments. The 

most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 

amend this final rule because of those 

comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Dan Rodina, 

Aerospace Engineer, Large Aircraft 

Section, FAA, International Validation 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; telephone 206–231– 

3225; email Dan.Rodina@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2022–0032, 

dated March 3, 2022 (EASA AD 2022– 

0032) (also referred to as the MCAI), to 

correct an unsafe condition for all 

Airbus SAS Model A318–111, –112, 

–121, and –122 airplanes; Model A319– 

111, –112, –113, –114, –115, –131, –132, 

–133, –151N, –153N, and –171N 

airplanes; Model A320–211, –212, –214, 

–215, –216, –231, –232, –233, –251N, 

–252N, –253N, –271N, –272N, and 

–273N airplanes; and Model A321–111, 

–112, –131, –211, –212, –213, –231, 

–232, –251N, –251NX, –252N, –252NX, 

–253N, –253NX, –271N, –271NX, 

–272N, and –272NX airplanes. Model 


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