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

43222 

Vol. 87, No. 138 

Wednesday, July 20, 2022 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1230 

[Doc. No. AMS–LP–22–0032] 

Pork Promotion, Research, and 

Consumer Information Order— 

Decrease in Assessment Rate and 

Importer Assessments 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Pork 

Promotion, Research, and Consumer 

Information Act of 1985 (Act) and the 

Pork Promotion, Research, and 

Consumer Information Order (Order) 

thereunder, this proposed rule would 

decrease the current rate of assessment 

of the market value of live porcine 

animals and decrease the amount of 

assessment per pound due on imported 

pork and pork products. These 

reductions in assessment rates are made 

in response to the increase in the 

average prices of live hogs and reflect 

the National Pork Producers Delegate 

Body’s (Delegate Body) desire to lessen 

the assessment burden on producers 

and make such funds available to pork 

producers and the industry. The 

adjustment in importer assessments also 

would bring the equivalent market value 

of live animals from which imported 

pork and pork products are derived in 

line with the market value of domestic 

porcine animals. A Harmonized Tariff 

Schedule number for prepared or 

preserved pork also would be updated 

in the regulation. 

DATES: Comments must be received by 

August 19, 2022. 

ADDRESSES: Submit comments 

identified by docket number AMS–LP– 

22–0032 online at https://

www.regulations.gov or mail to Maribel 

Reyna, Agricultural Marketing 

Specialist; Research and Promotion 

Division; Livestock and Poultry 

Program, AMS, USDA; Room 2625–S, 

STOP 0251, 1400 Independence Avenue 

SW, Washington, DC 20250–0251. All 

comments will be made available for 

public inspection, including name and 

address, if provided, via internet at 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Maribel Reyna; Agricultural Marketing 

Specialist; Research and Promotion 

Division; Telephone: (202) 302–1139; or 

email to Maribel.Reyna@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This rulemaking does not meet the 

definition of significant regulatory 

action contained in section 3(f) of 

Executive Order (E.O.) 12866 and is not 

subject to review by the Office of 

Management and Budget (OMB). 

Executive Order 12988 

This proposed rule has been reviewed 

under E.O. 12988, Civil Justice Reform. 

This proposal is not intended to have a 

retroactive effect. The Act states that the 

statute is intended to occupy the field 

of promotion and consumer education 

involving pork and pork products and of 

obtaining funds thereof from pork 

producers and that the regulation of 

such activity (other than a regulation or 

requirement relating to a matter of 

public health or the provision of State 

or local funds for such activity) that is 

in addition to or different from the Act 

may not be imposed by a State. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under Sec. 

1625 of the Act, a person subject to an 

order may file a petition with the United 

States Department of Agriculture 

(USDA) stating that such order, a 

provision of such order or an obligation 

imposed in connection with such order 

is not in accordance with the law; and 

requesting a modification of the order or 

an exemption from the order. Such 

person is afforded the opportunity for a 

hearing on the petition. After the 

hearing, the USDA would rule on the 

petition. The Act provides that the 

district court of the United States in the 

district in which a person resides or 

does business has jurisdiction to review 

the USDA’s determination, if a 

complaint is filed no later than 20 days 

after the date such person receives 

notice of such determination. 

Executive Order 13175 

This proposed rule has also been 

reviewed under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments. E.O. 13175 

requires Federal agencies to consult and 

coordinate with tribes on a governmentto-government basis on: (1) policies that 

have tribal implication, including 

regulation, legislative comments, or 

proposed legislation; and (2) other 

policy statements or actions that 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. 

The Agricultural Marketing Service 

(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 E.O. 13175. AMS 

participates on teleconference with 

tribal leaders where matters of mutual 

interest regarding the marketing of 

agricultural products are discussed. 

Information about the proposed changes 

to the assessment rate will be shared 

during the next call, and tribal leaders 

will be informed about 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 the proposed rule. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

This action was reviewed under the 

Regulatory Flexibility Act (5 United 

States Code (U.S.C.) 601 et seq.) in the 

Order initially published in the 

September 5, 1986, issue of the Federal 

Register (51 FR 31898). The AMS 

Administrator determined at that time 

that the Order would not have 

significant economic impact on a 

substantial number of small entities; 

therefore, a regulatory impact analysis 

was not required. The Census of 

Agriculture reports that 64,871 U.S. 

farms produce hogs and pigs in 2017. 

Many of those farms are likely to be 

classified as small business by having 

total sales less than the $3.5 million 

threshold set by the Small Business 

Administration (SBA) definition (13 

CFR 121.201). AMS does not believe 

that this rule change will have a 

significant or differential economic 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 138 / Wednesday, July 20, 2022 / Proposed Rules 43223 

1Specifically, the Barrow and Gilt National Base 

Live Equivalent Price (51–52% Lean) rose from its 

2018–20 average of $45.7 to $67.29 per cwt. 

2 Kaiser, Harry M. ‘‘An Economic Analysis of the 

National Pork Board Checkoff Program’’ Publication 

of the National Pork Board, January 2022. 

impact on small producers because total 

assessments paid are proportionate to 

the value of hogs sold by a producer. 

This proposed rule would decrease 

the rate of the assessment from 0.40 

percent of the market value of porcine 

animals to 0.35 percent and decrease the 

amount of assessment per pound due on 

imported pork and pork products. While 

domestic assessments are only made to 

live porcine animals, assessments on 

imports are made to both live animal 

imports and post-slaughter pork and 

pork products. This update to the 

regulations updates assessments on the 

imported product based on the 

Harmonized Tariff Schedule (HTS) to 

bring the equivalent market value of live 

animals from which imported pork and 

pork products are derived in line with 

the market value of domestic porcine 

animals. 

From 2018 to 2020, total checkoff 

revenue ranged from $72.3 million to 

$77.6 million. In that time, 95.6 percent 

of all revenue was from domestic sales 

and 4.4 was derived from assessments 

on imported hogs and pork products. Of 

domestic revenue, 98.6 percent was 

derived from market hogs and 1.4 

percent was derived from feeder hogs. 

In 2021, total checkoff revenue 

increased approximately 41 percent to 

$103.6 million, an increase primarily 

reflecting the 47 percent increase in live 

hog prices.1 Despite the price increase, 

both the share of all revenue derived 

from imports and the share of domestic 

revenue share derived from live hogs 

was mostly unchanged in 2021 relative 

to previous years. 

The assessment decrease would 

reduce annual funding of the 

promotion, research, and consumer 

information program by an estimated 

$13.5 million under the assumption that 

2021 market conditions persist. This 

decrease reflects both a $12.3 million 

reduction in domestic assessments 

stemming from the 12.5 percent 

decrease in the rate of assessment for 

live hogs (i.e., the change from 0.40 to 

0.35 percent assessment for live weight 

hogs), which totaled $98.4 million in 

2021 and a $1.2 million reduction in 

importer assessments. 

In 2021, the gross market value of all 

swine marketed in the United States 

was approximately $27 billion. The 

proposed assessment decrease reflects 

the Delegate Body’s desire to lessen the 

assessment burden on producers and 

make such funds available to pork 

producers and the industry. The 

expected benefit of the rule change is 

savings of $13.5 million in assessments 

that would have been paid under the 

existing rule. The expected cost of the 

rule is the potential loss of returns 

accruing to the industry from 

promotion, research, and consumer 

information programs paid for by the 

National Pork Board using assessment 

funds. While these programs have been 

shown to earn positive returns in 

academic studies when considering pre2021 data, the sharp 2021 increase in 

assessment revenue is likely to create 

diminishing marginal returns to 

advertising.2 However, even with the 

proposed reduction in assessment rates, 

total program funds will have still 

increased significantly above 2020 

levels owing to the ongoing increase in 

price levels, assuming the general 

market conditions of 2021 persist. For 

these reasons, the economic impact of 

the proposed assessments is not 

expected to be a significant part of the 

total market value of swine. 

Accordingly, the AMS Administrator 

determined that this action will not 

have a significant economic impact on 

substantial number of small entities. 

The information collection 

requirements have been previously 

approved by the OMB and have been 

assigned OMB control number 0581– 

0093. Reapproval for the information 

collection will not be necessary since 

the rate assessment does not 

substantially change the assessment 

collection process. 

The Act (7 U.S.C. 4801–4819), 

enacted on December 23, 1985, 

authorized the establishment of a 

national pork promotion, research, and 

consumer information program. The 

final Order at 7 CFR part 1230 

establishing a pork promotion, research, 

and consumer information program was 

published in the September 5, 1986, 

issue of the Federal Register (51 FR 

31898; as corrected, at 51 FR 36383 and 

amended at 53 FR 1909, 53 FR 30243, 

56 FR 4, 56 FR 51635, 60 FR 29962, 61 

FR 28002, 62 FR 26205, 63 FR 45935, 

64 FR 44643, 66 FR 67071, 67 FR 58320, 

and 69 FR 9924) and assessments began 

on November 1, 1986. The program was 

funded by an initial assessment rate of 

0.25 percent of the market value of all 

porcine animals marketed in the United 

States and on imported porcine animals 

with an equivalent assessment on pork 

and pork products. However, that rate 

was increased to 0.35 percent effective 

December 1, 1991 (56 FR 51635) and to 

0.45 percent effective September 3, 1995 

(60 FR 29962). Further, the rate was 

decreased to 0.40 percent effective 

September 30, 2002 (67 FR 58320). The 

import assessments were decreased by 

five-hundredths to seven-hundredths of 

a cent per pound effective April 2, 2004, 

to reflect a decrease in the 2002 average 

price for domestic barrows and gilts (69 

FR 9924). The total annual assessment 

rate collected in 2021 was $103.6 

million. Assessments on imported pork 

and pork products accounted for about 

$4.5 million of the total. 

The Order requires that producers pay 

to the National Pork Board an 

assessment of 0.40 percent of the market 

value of each porcine animal upon sale 

(7 CFR 1230.112). However, for 

purposes of collecting and remitting 

assessments, porcine animals are 

divided into three separate categories (1) 

feeder pigs, (2) slaughter hogs, and (3) 

breeding stock. Regulations under 7 CFR 

1230.71 specifies that purchasers of 

feeder pigs, slaughter hogs, and 

breeding stock shall collect an 

assessment on these animals if 

assessments are due. Section 1230.71(b) 

of the Order further provides that for the 

purpose of collecting and remitting 

assessments persons engaged as a 

commission merchant, auction market, 

or livestock market in the business of 

receiving such porcine animals for sale 

on commission for or on behalf of a 

producer shall be deemed to be a 

purchaser. 

Section 1230.110(a) requires 

importers of porcine animals to pay U.S. 

Customs Service (USCS), upon 

importation, the assessment of 0.40 

percent of the porcine animal’s declared 

value and importers of pork and pork 

products to pay USCS, upon 

importation, the assessment of 0.40 

percent of the market value of the live 

porcine animals from which such pork 

and pork products were produced. 

The Act and Order contain provisions 

for adjusting the rate of assessment. The 

Delegate Body has the responsibility to 

recommend the rate of assessment to the 

Department. The 2022 Delegate Body, at 

its annual meeting March 9–11, 2022, in 

Louisville, Kentucky, voted to 

recommend to the USDA the rate of 

assessment of 0.40 percent be decreased 

to 0.35 percent. In 2022, the Secretary 

appointed 155 members to serve on the 

Delegate Body, including 150 producers 

and 5 importers. At the Delegate Body 

annual meeting, 145 Delegates were 

present representing 101,017.5 valid 

share votes. There were 98,797.6 share 

votes cast following floor debate of the 

resolution for the rate assessment 

reduction. There were 93,151.3 share 

votes cast in favor of the 0.05 percent 

decrease in checkoff rate assessment. A 

simple majority of share votes is 


khammond on DSKJM1Z7X2PROD with PROPOSALS
43224 Federal Register / Vol. 87, No. 138 / Wednesday, July 20, 2022 / Proposed Rules 

3 In the 2021 publication ‘‘An Economic Analysis 

of the National Pork Board Checkoff Program’’, 

Kaiser finds that benefit-cost ratios (BCR) for 

expenditure components of pork assessments to 

range from 71.58 to 1.37 using data from 1976 to 

2020. At the lower bound of that range, the 1.37 

BCR value indicates that a dollar invested in 

promotion raises returns to producer by 1.37. That 

research also finds that the 90 percent lower bound 

for the marginal benefit-cost ratio is less one for the 

category of demand enhancing research (indicating 

negative producer returns) and between 5 and 7 for 

pork advertising and non-advertising promotion. 

These estimates, however, only consider the effects 

of changing program expenditure by 1 percent. 

AMS believes that for some promotional activities 

funded by the checkoff the BCR may fall below one 

if expenditure increases by 41 percent as it did in 

2021. 

required to pass the resolution (7 CFR 

1230.36). The assessment rate decrease 

will also apply to the amount of 

assessment on imported pork and pork 

products pursuant to the 7 CFR 

1230.110. 

Methodology and Analysis 

AMS weighed the costs and benefits 

of the proposed change in pork 

assessment rates, acknowledging the 

role the Delegate Body plays in the 

disposition of funds and its insight into 

the effect of an assessment decrease. 

The cost of the assessment reduction is 

the reduced funds available for research, 

promotion and consumer information of 

pork and pork products and activities 

that strengthen and increase demand for 

lives hogs sold by producers paying the 

assessment. Economic research has 

shown that such research and 

promotion programs generally yield 

positive net returns to producers, a 

finding confirmed in the National Pork 

Board’s own commissioned evaluation 

of the program based on data through 

2020. While this finding would initially 

suggest that a reduction in the 

assessment would reduce returns to 

pork producers (and thus fails a cost 

benefit analysis test), AMS notes the 

sharp increase in pork prices in the 

intervening period as a mitigating factor 

to relying solely on that study. 

Between 2018 and 2020, the national 

barrows and gilt national base live 

weight equivalent price for 51–51% lean 

hogs was $45.69 per cwt on a slaughter 

of 131.5 million head. In 2021, the price 

rose 47% to $67.29 per cwt while 

slaughter only fell 2 percent to 129.0 

million head. Together, these changes 

have caused checkoff revenue to 

increase 41 percent between 2020 and 

2021. While the reduced assessment 

will lower expected assessment revenue 

in future years from 2021, AMS still 

expects revenue to be greater than the 

2018–2020 average in 2022 and in 

future years owing to the expected 

continuation of elevated prices. 

In its assessments of the costs of the 

proposed rule, AMS assumed that 

demand for hogs and pork products is 

unchanged in the short run by any 

reduction in promotion expenditure that 

may result from the reduced assessment. 

As such, AMS finds there would be no 

cost to the proposed rule change in 

terms of reduced demand for pork. AMS 

notes that research and promotion 

spending is likely to exhibit 

diminishing marginal returns, meaning 

that the large increase in promotion 

expenditure from the 2021 increase in 

assessment revenue is unlikely to 

generate economic returns as those 

returns estimated from data in earlier 

periods, which started at a lower level.3

AMS also notes that the National Pork 

Board, subject to the Secretary’s 

approval, determines specifically how 

assessment revenue is spent to promote 

pork consumption and enhance 

demand. Subsequently, it is also likely 

to know the point at which the highest 

return promotional opportunities have 

been exhausted and that additional 

advertising becomes ineffective. Based 

on its independent analysis of market 

trends and the research on returns to the 

pork checkoff program, AMS agrees 

with the National Pork Board and its 

Delegate Body in recommending the 

reduction in the assessment rate. 

AMS notes that total assessment 

revenue is expected to remain above the 

2020 level despite the assessment rate 

reduction. On this point, AMS 

calculated the total reduction in 

assessment revenue as the sum of the 

reduction in domestic and foreign 

revenue. Between 2018 and 2020, about 

95.6 percent of assessment revenue was 

from domestic assessments on live hogs, 

most of which are market hogs although 

all types of hogs pay the same 

assessment rate. AMS estimated the 

reduction in domestic revenue of $12.3 

by multiplying 2021 domestic revenue 

level of $97.3 million by the 12.5 

percent reduction in the rate of 

assessment (i.e., the change in the 

assessment rate from 0.4 to 0.35 dollars 

per hundred weight.) 

AMS estimated the reduction in 

import assessment revenue using trade 

data available from the USDA Foreign 

Agricultural Service. This data shows 

that approximately 49 percent of 

assessment revenue from imports in 

2021 was derived from live hog 

assessments, which, like domestic hogs, 

would see a 12.5 percent reduction in 

the rate of assessment. The remaining 51 

percent of pork and processed pork 

products would see variable decreases 

in the rate of assessments, all of which 

are larger in magnitude than the 12.5 

percent in the live hog rate. AMS 

calculated the average rate reduction for 

these pork and processed products to be 

38.6 percent based on each product’s 

average value share of imports between 

2019 and 2021. AMS then calculated a 

change in the rate of all import 

assessments of 25.9 percent, calculated 

as the sum of the 49 percent revenue 

share for live hogs times the 12.5 

assessment reduction plus the 51 

percent revenue share for pork products 

times the 38.6 percent reduction. 

Applying the average rate of assessment 

to the $4.53 million in assessment 

revenue from imports in 2021, AMS 

found that import revenue would fall by 

$1.2 million. 

The adjustment in importer 

assessments also would bring the 

equivalent market value of live animals 

from which imported pork and pork 

products are derived in line with the 

market value of domestic porcine 

animals. Since the original rule was put 

in place, the wholesale-to-farm price 

spread for pork has increased from 38.7 

percent in 2002 to 74 percent between 

2019 and 2021, as report by the USDA 

Economic Research Service. Other 

things equal, a widening price spread 

will cause assessments on finished 

wholesale products to increase relative 

to hogs. This rule reduces the 

assessment rate for imported processed 

products by 38.6 percent on average but 

only 12.5 percent for live hogs. 

This is not the first reduction in 

assessment rate for this program. As 

mentioned above, the program was 

funded by an initial assessment rate of 

0.25 percent. The rate was increased to 

0.35 percent effective December 1, 1991 

(56 FR 51635) and then to 0.45 percent 

effective September 3, 1995 (60 FR 

29962). Further, the rate was decreased 

to 0.40 percent effective September 30, 

2002 (67 FR 58320). The import 

assessments were decreased by fivehundredths to seven-hundredths of a 

cent per pound effective April 2, 2004, 

to reflect a decrease in the 2002 average 

price for domestic barrows and gilts (69 

FR 9924). 

From 2012 to current, working off a 

comparable rate decrease, the Board has 

continued to build industry initiatives 

that have long-term return on 

investment impact for pork producers. 

Over the years, the Board has initiated 

several major projects that continue to 

add value to the industry regardless of 

budget such as building trust and 

adding value through a positive image 

of US Pork, establishing US Pork as the 

global leader in sustainability 

agriculture, preventing and preparing 

for foreign animal diseases, and 

strengthening state and industry 

partnerships to build support that keeps 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 138 / Wednesday, July 20, 2022 / Proposed Rules 43225 

people, pigs and the planet as leading 

fundamentals. Even with the proposed 

rate reduction, AMS has no reason to 

believe that the Board could not 

effectively continue its goal to develop 

and expand markets for pork and pork 

products by funding promotion, 

research, and consumer information 

initiatives. 

Further, over the past 10 years the 

National Pork Board has averaged 

producer checkoff revenue of $80.6 

million. Even with an estimated $13.5 

million ($12.3 million of that decrease 

deriving from reduced domestic 

assessments and $1.2 million deriving 

from reduced importer assessments) 

reduction in assessment revenue, the 

total assessment revenue would still fall 

above the last 10-year average 

assessment revenue. 

AMS assumes that the reduction in 

promotional spending from the new 

rates would have a negligibly small 

effect on demand, especially given the 

still substantial increase in promotion 

spending above historic levels. For this 

reason, the costs of the rule would be 

small as well. The benefits of the rule, 

however, would be the direct saving to 

producers of $13.5 million in reduced 

assessment payments. Together, AMS 

assesses that the benefits to this rule 

change would exceed its costs. 

List of Subjects in 7 CFR Part 1230 

Administrative practice and 

procedure, Advertising, Agriculture 

research, Meat and meat products, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

1230 as follows: 

PART 1230—PORK PROMOTION, 

RESEARCH, AND CONSUMER 

INFORMATION 

■ 1. The authority citation for part 7 

CFR part 1230 continues to read as 

follows: 

Authority: 7 U.S.C. 4801–4819. 

■ 2. Section 1230.110 is revised to read 

as follows: 

§ 1230.110 Assessments on imported pork 

and pork products. 

(a) The following Harmonized Tariff 

Schedule (HTS) categories of imported 

live porcine animals are subject to 

assessment at the rate specified. 

Live porcine 

animals Article description Assessment 

0103.10.0000 ....... Purebred breeding animals ..................................................... 0.35 percent Customs Entered Value. 

0103.91.00 ........... Other: Weighing less than 50 kg each.

0103.91.0010 ....... Weighing less than 7 kg each ................................................. 0.35 percent Customs Entered Value. 

0103.91.0020 ....... Weighing 7 kg or more but less than 23 kg each .................. 0.35 percent Customs Entered Value. 

0103.91.0030 ....... Weighing 23 kg or more but less than 50 kg each ................ 0.35 percent Customs Entered Value. 

0103.92.00 ........... Weighing 50 kg or more each.

0103.92.0010 ....... Imported for immediate slaughter ........................................... 0.35 percent Customs Entered Value. 

0103.92.0090 ....... Other ........................................................................................ 0.35 percent Customs Entered Value. 

(b) The following HTS categories of 

imported pork and pork products are 

subject to assessment at the rates 

specified. 

Pork and pork 

products Article description 

Assessment 

Cents/lb Cents/kg 

0203 ..................... Meat of swine, fresh, chilled, or frozen: Fresh or chilled: .................... ....................

0203.11.0000 ....... Carcasses and half-carcasses ...................................................................................................... .15 .390920 

0203.12.1010 ....... Processed hams and cuts thereof, with bone in .......................................................................... .15 .390920 

0203.12.1020 ....... Processed shoulders and cuts thereof, with bone in .................................................................... .15 .390920 

0203.12.9010 ....... Other hams and cuts thereof, with bone in .................................................................................. .15 .390920 

0203.12.9020 ....... Other shoulders and cuts thereof, with bone in ............................................................................ .15 .390920 

0203.19.2010 ....... Processed spare ribs .................................................................................................................... .18 .457058 

0203.19.2090 ....... Processed other ............................................................................................................................ .18 .457058 

0203.19.4010 ....... Bellies ............................................................................................................................................ .15 .390920 

0203.19.4090 ....... Other ............................................................................................................................................. .15 .390920 

0203.21.0000 ....... Frozen carcasses and half-carcasses .......................................................................................... .15 .390920 

0203.22.1000 ....... Frozen-processed hams, shoulders, and cuts thereof, with bone in ............................................ .15 .390920 

0203.22.9000 ....... Frozen-other hams, shoulders, and cuts thereof, with bone in .................................................... .15 .390920 

0203.29.2000 ....... Frozen processed other ................................................................................................................ .18 .457058 

0203.29.4000 ....... Frozen other: Other ....................................................................................................................... .15 .390920 

0206 ..................... Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, 

chilled, or frozen: 

.................... ....................

0206.30.0000 ....... Of swine, fresh or chilled .............................................................................................................. .15 .390920 

0206.41.0000 ....... Of swine, frozen: Livers ................................................................................................................ .15 .390920 

0206.49.0000 ....... Of swine, frozen: Other: .15 .390920 

0210 ..................... Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat 

or meat offal: 

.................... ....................

0210.11.0010 ....... Meat of swine: Hams and cuts thereof, with bone in ................................................................... .15 .390920 

0210.11.0020 ....... Meat of swine: Shoulders and cuts thereof, with bone in ............................................................ .15 .390920 

0210.12.0020 ....... Meat of swine: Bellies (streaky) and cuts thereof, Bacon ............................................................ .15 .390920 

0210.12.0040 ....... Meat of swine: Bellies (streaky) and cuts thereof, Other ............................................................. .15 .390920 

0210.19.0010 ....... Meat of swine: Canadian style bacon ........................................................................................... .18 .457058 

0210.19.0090 ....... Meat of Swine: Other .................................................................................................................... .18 .457058 

1601 ..................... Sausages and similar products, of meat, meat offal or blood; food preparations based on 

these products: 

.................... ....................


khammond on DSKJM1Z7X2PROD with PROPOSALS
43226 Federal Register / Vol. 87, No. 138 / Wednesday, July 20, 2022 / Proposed Rules 

Pork and pork 

products Article description 

Assessment 

Cents/lb Cents/kg 

1601.00.2010 ....... Pork canned .................................................................................................................................. .23 .567288 

1601.00.2090 ....... Pork other ...................................................................................................................................... .23 .567288 

1602 ..................... Other prepared or preserved meat, meat offal or blood: .................... ....................

1602.41.2020 ....... Of swine: Boned and cooked and packed in airtight containers holding less than 1 kg ............. .25 .611380 

1602.41.2040 ....... Of swine: Shoulders and cuts thereof: Other boned and cooked and packed in airtight containers..25 .611380 

1602.41.9000 ....... Of swine: Other ............................................................................................................................. .15 .390920 

1602.42.2020 ....... Of swine: Shoulders and cuts thereof: Boned and cooked and packed in airtight containers 

holding less than 1 kg.

.25 .611380 

1602.42.2040 ....... Of swine: Shoulders and cuts thereof: Other boned and cooked and packed in airtight containers..25 .611380 

1602.42.4000 ....... Of swine: Other shoulders and cuts thereof ................................................................................. .15 .390920 

1602.49.2000 ....... Of swine: Other, including mixtures: Not containing cereals or vegetables: Boned and cooked 

and packed in air-tight containers.

.23 .567288 

1602.49.4000 ....... Of swine: Other, including mixtures: Not containing cereals or vegetables: Other ...................... .18 .457058 

1602.49.9000 ....... Of swine: Other, including mixtures: Other ................................................................................... .18 .457058 

■ 3. Section 1230.112 is revised to read 

as follows: 

§ 1230.112 Rate of assessment. 

In accordance with § 1230.71(d) the 

rate of assessment shall be 0.35 percent 

of market value. 

Melissa Bailey, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–15266 Filed 7–19–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2021–BT–STD–0027] 

RIN 1904–AD34 

Energy Conservation Program: Energy 

Conservation Standards for 

Commercial Water Heating Equipment; 

Reopening of Comment Period 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking; 

reopening of public comment period. 

SUMMARY: On May 19, 2022, the U.S. 

Department of Energy (DOE or the 

Department) published in the Federal 

Register a notice of proposed 

rulemaking and announcement of 

public meeting regarding energy 

conservation standards for commercial 

water heaters. DOE received three 

requests to extend the public comment 

period by 60 days. DOE has reviewed 

and denied these requests. But, 

considering the particular 

circumstances of DOE’s denial of these 

petitions, the Department is reopening 

the public comment period to allow 

comments to be submitted until August 

1, 2022. 

DATES: The comment period for the 

notice of proposed rulemaking 

published in the Federal Register on 

May 19, 2022 (87 FR 30610) is reopened 

until August 1, 2022. Written 

comments, data, and information are 

requested and will be accepted on and 

before August 1, 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–0027, by 

any of the following methods: 

(1) Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC, 20585–0121. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a compact 

disc (‘‘CD’’), in which case it is not 

necessary to include printed copies. 

(3) Email: to CommWater 

Heaters2021STD0027@ee.doe.gov. 

Include docket number EERE–2021–BT– 

STD–0027 in the subject line of the 

message. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. 

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. 

The docket web pages can be found 

at: www.regulations.gov/docket/EERE2021-BT-STD-0027. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. 

FOR FURTHER INFORMATION CONTACT:

Ms. Julia Hegarty, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC, 20585–0121. Telephone: (240) 597– 

6737. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Matthew Ring, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC, 20585–0121. 

Telephone: (202) 586–2555. Email: 

Matthew.Ring@hq.doe.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: On May 

19, 2022, DOE published in the Federal 

Register a notice of proposed 

rulemaking (‘‘NOPR’’) and 

announcement of public meeting 

regarding energy conservation standards 

for commercial water heaters. DOE 

stated it would accept written 

comments, data, and information on the 

proposal by July 18, 2022. 87 FR 30610. 

On June 17, 2022, DOE received a 

joint comment from the American 

Public Gas Association (‘‘APGA’’), 

American Gas Association (‘‘AGA’’), 

Plumbing-Heating- Cooling 

Contractors—National Association 


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