Agricultural Marketing Service 2024 – Federal Register Recent Federal Regulation Documents
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Pears Grown in Oregon and Washington; Marketing Order Approval Requirement
This rulemaking amends Marketing Order No. 927, which regulates the handling of pears grown in Oregon and Washington. The amendment revises the Fresh Pear Committee's (Committee) approval requirement for recommending modifications to the marketing order's fresh pear handling regulations from 80 to 75 percent.
Soybean Promotion and Research: Adjustments to Representation on the United Soybean Board
This final rule adjusts the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was last reapportioned in 2021. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership on the Board is reviewed every 3-years and adjustments are made accordingly. These adjustments decrease Board membership for the State of North Dakota from four members to three members and increase Board membership for the State of New York from one member to two members, thus the total number of Board members will remain at 77. These changes will be reflected in the Soybean Promotion and Research Order (Order) and become effective with the Secretary of Agriculture's (Secretary) appointments for terms in 2025.
Almonds Grown in California; Continuance Referendum
This document directs that a referendum be conducted among eligible almond growers to determine whether they favor continuance of the marketing order regulating the handling of almonds grown in California.
Pistachios Grown in California, Arizona and New Mexico; Decreased Assessment Rate
This proposed rule would implement a recommendation from the Administrative Committee for Pistachios (Committee) to decrease the assessment rate established for the 2024-2025 and subsequent production years from $0.0007 to $0.0003 per pound of assessable pistachios handled under the marketing order. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) for an extension of the currently approved information collection "Plan for Estimating Daily Livestock Slaughter Under Federal Inspection" (OMB 0581-0050).
Pears Grown in Oregon and Washington; Increased Assessment Rate for Fresh Pears
This proposed rulemaking would implement a recommendation from the Fresh Pear Committee (Committee) to increase the assessment rate established for the 2024-2025 and subsequent fiscal periods from $0.468 to $0.516 per 44-pound standard box or equivalent for fresh "summer/ fall" pears and fresh "winter" pears grown in Oregon and Washington. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Formulas for Calculating Hourly and Unit Fees for FGIS Services; Correction
The Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS or Service) published a proposed rulemaking in the Federal Register of October 8, 2024, concerning amendments to its user fee regulations to establish standardized formulas the agency would use to calculate hourly and unit fees. This document will correct the Regulation Identifier Number (RIN) used in the proposed rule.
Price Discovery and Competition in Markets for Fed Cattle
The United States Department of Agriculture's (USDA or Department) Agricultural Marketing Service (AMS or Agency) is seeking advance comment on a proposal to amend the regulations under the Packers and Stockyards Act (P&S Act or Act). The purpose of this advance notice of proposed rulemaking (ANPR) is to solicit feedback on an identified set of regulatory options that AMS could employ to address concerns regarding price discovery and fairness in fed cattle markets. Information from public comments would inform AMS's approach to this topic, including any future regulatory changes.
Certification of Export Port Locations for Alabama and Washington and Geographic Areas Under the Delegated Authority of United States Grain Standards Act
The Agricultural Marketing Service (AMS) is announcing the certification of the Alabama Department of Agriculture and Industries and the Washington State Department of Agriculture to provide official inspection services at the export port locations listed in table 1, below, under the delegated authority of the United States Grain Standards Act (USGSA or Act), as amended. AMS is also announcing the designation of official agencies to provide official services (at other than export port locations) in the geographic areas listed in table 2, below.
Hazelnuts Grown in Oregon and Washington; Continuance Referendum
This document directs that a referendum be conducted among eligible Oregon and Washington hazelnut growers to determine whether they favor continuance of the marketing order regulating the handling of hazelnuts grown in Oregon and Washington.
Formulas for Calculating Hourly and Unit Fees for FGIS Services
The Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS or Service) proposes to amend its user fee regulations to establish standardized formulas the agency would use to calculate hourly and unit fees. The proposed changes would allow FGIS to charge reasonable fees sufficient to cover the costs of providing official services and re-establish a 3-to 6-month operating reserve, as required by the United States Grain Standards Act (USGSA). This proposed rulemaking would also make specified conforming changes and minor technical changes to the regulations to correct two typographical errors.
Grain Inspection Advisory Committee Meeting
In accordance with the Federal Advisory Committee Act, as amended, this notice announces an upcoming meeting of the Grain Inspection Advisory Committee (Committee). The Committee meets no less than once annually to advise the Secretary of Agriculture on the programs and services delivered by the Agricultural Marketing Service (AMS) under the U.S. Grain Standards Act. Recommendations by the Committee help AMS meet the needs of its customers, who operate in a dynamic and changing marketplace.
Soybean Promotion, Research, and Information Program: Results of Soybean Request for Referendum
The results of the Agricultural Marketing Service's (AMS) Request for Referendum indicate that too few soybean producers wanted a referendum on the Soybean Promotion and Research Order (Order) for one to be conducted. The Request for Referendum was conducted from May 6, 2024, through May 31, 2024, at the U.S. Department of Agriculture's (USDA) Farm Service Agency County offices. To trigger a referendum, 41,336 soybean producers, which represents 10 percent of the total nationwide soybean producers, needed to complete a valid Request for Referendum. The total number of soybean producers participating in the referendum was 229. The number of valid petitions received was 207.
USDA Farmers Market Application; Notice of Request for an Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval, from the Office of Management and Budget, for an extension and revision of the currently approved information collection for USDA Farmers Market Application.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Increased Assessment Rate
This proposed rule would implement a recommendation from the Idaho-Eastern Oregon Potato Committee (Committee) to increase the assessment rate established for the 2024-2025 fiscal period and subsequent fiscal periods from $0.002 to $0.003 per hundredweight of potatoes handled under the marketing order. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements
This proposed rulemaking would implement a recommendation from the Avocado Administrative Committee (Committee) to change the maturity requirements under the marketing order for avocados grown in South Florida. This action would update the avocado maturity shipping schedule to allow certain sizes and weights of the Beta avocado variety to be shipped earlier. A corresponding change would be made to the avocado import regulation as required under the Agricultural Marketing Agreement Act of 1937.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2024 Amendments)
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, decreasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is updating the Import Assessment Table to account for changes since the last assessment adjustment in 2023.
Opportunity To Comment on Applicants for the Southeast Texas U.S. Grain Standards Act Designation Area
Midsouth Grain Inspection Service and Grain Inspection Services of Texas, LLC have applied for designation under the U.S. Grain Standards Act to provide official services in the Southeast Texas designation area. The geographic area is described in the SUPPLEMENTARY INFORMATION section below. The Agricultural Marketing Service (AMS) is asking for comments on these applicants.
Raisins Produced From Grapes Grown in California; Recommended Decision and Opportunity To File Written Exceptions to Proposed Amendment of Marketing Order No. 989
This recommended decision proposes to amend Marketing Order No. 989 (Order), which regulates the handling of raisins produced from grapes grown in California. The Raisin Administrative Committee, which locally administers the Order, recommended amendments that would reduce Committee size, eliminate the designated cooperative bargaining association member seat, lower quorum requirements, remove producer district representation, remove the requirement for separate member and alternate nominations for independent and small cooperative producers, remove factors for establishing marketing policy, add language to clarify the quality of reconditioned raisins, add authority to accept voluntary contributions, and add language regarding ownership of intellectual property. In addition, the Agricultural Marketing Service (AMS) may make any such changes to the Order as may be necessary to conform to any amendment that may result from the hearing. This recommended decision invites written exceptions on the proposed amendments.
Meeting of the Fruit and Vegetable Industry Advisory Committee
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a two-day meeting of the Fruit and Vegetable Industry Advisory Committee (FVIAC). This meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and provide recommendations and ideas on how the USDA can tailor programs and services to better meet the needs of the U.S. produce industry. Agenda items may include, but are not limited to, administrative matters and consideration of recommendations pertaining to labor and production, food safety, infrastructure and sustainability, consumption and nutrition, and data reporting and analysis.
Meeting of the National Organic Standards Board
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the National Organic Standards Board (NOSB). The NOSB assists USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act (OFPA).
Fair and Competitive Livestock and Poultry Markets
The Agricultural Marketing Service (AMS) is extending the public comment period an additional 15 days regarding proposed revisions to the regulations under the Packers and Stockyards Act, 1921, that promote fair and competitive markets in the livestock, meats, poultry, and live poultry markets.
Onions Grown in South Texas; Increased Assessment Rate
This final rule implements a recommendation from the South Texas Onion Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods from $0.05 to $0.08 per 50-pound container or equivalent for South Texas onions. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Walnuts Grown in California; Increased Assessment Rate
This proposed rulemaking would implement a recommendation from the California Walnut Board (Board) to increase the assessment rate established for the 2024-2025 and subsequent marketing years from $0.011 to $0.0125 per inshell pound of California walnuts. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program Advisory Council: Notice of Intent To Establish Charter and Solicitation for Nominations
This notice announces the U.S. Department of Agriculture (USDA) Secretary's intent to establish the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program Advisory Council (Council) under the Growing Climate Solutions Act and in accordance with the Federal Advisory Committee Act (FACA), solicits nominations for membership on the Council, and solicits nominations for a pool of candidates to fill future unexpected vacancies in any of the position categories should that occur.
Tart Cherries Grown in the States of Michigan, et al.; Free and Restricted Percentages for the 2023-24 Crop Year
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to establish free and restricted percentages for the 2023-24 crop year under the Federal marketing order for tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This action establishes the proportion of tart cherries from the 2023-24 crop that may be handled in commercial outlets. Adjusting supply to meet market demand should stabilize marketing conditions and help improve grower returns.
National Organic Program: 2025 Sunset Review and Substance Renewals
This document announces the renewal of 47 substances listed on the National List of Allowed and Prohibited Substances within the U.S. Department of Agriculture's organic regulations. This document reflects the outcome of the 2025 sunset review processes and addresses recommendations submitted to the Secretary of Agriculture, through the USDA's Agricultural Marketing Service, by the National Organic Standards Board.
Notice of Request for an Extension of a Currently Approved Information Collection
This notice announces the Agricultural Marketing Service's (AMS) intention to request approval, from the Office of Management and Budget, for an extension of the currently approved information collection request Web-Based Supply Chain Management (WBSCM) system. This information collection is necessary to support the procurement of agricultural commodities for domestic and international nutrition assistance programs. AMS issues invitations to purchase fresh and processed commodities for domestic and international nutrition assistance programs on a year-round basis. The extension of the information collection request is required to continue using the WBSCM system, which allows respondents to submit information entered and received electronically in WBSCM. Vendors will be able to access electronically. The information collection burden for respondents should not increase.
Onions Grown in South Texas; Redistricting and Reapportionment of Committee Membership
This final rule implements a recommendation from the South Texas Onion Committee (Committee) to reestablish the districts in the production area and reapportion representation on the Committee. This action reduces the number of districts from two to one and reapportions membership to reflect changes in the industry, provide equitable representation on the Committee, and create the opportunity for more producers and handlers to serve on the Committee.
Raisins Produced From Grapes Grown in California; Temporary Relaxation of Substandard and Maturity Dockage Requirements
This final rule adopts, without change, an interim final rule that temporarily changes the substandard and maturity dockage requirements for raisins covered under the Federal marketing order for raisins produced from grapes grown in California (Order). For the 2023- 2024 crop year, the minimum requirements for substandard and maturity dockage in the marketing order's handling regulations are relaxed to accommodate raisins adversely impacted by severe weather conditions.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Amendments to the Marketing Order
This rulemaking proposes amendments to Marketing Order No. 930, which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The proposed amendments would modify the basis for calculating district representation on the Cherry Industry Administrative Board ("Board"), change the starting date for the term of office for Board members, simplify the way a Board member's sales constituency is determined, clarify how the sales constituency applies to alternate Board members, change the timeframe for submitting nominations, and clarify when districts are subject to volume regulation.
Opportunities for United States Grain Standards Act Designation in the Lower Northwest Texas Area; the Southeast Texas Area; the Keokuk, Iowa Area; and the Fargo, North Dakota Area
The Agricultural Marketing Service (AMS) requests comments on the need for U.S. Grain Standards Act (USGSA) services in the newly formed Lower Northwest Texas and Southeast Texas geographic areas described below in the SUPPLEMENTARY INFORMATION section. AMS is also asking persons, entities, or governmental agencies interested in providing official inspection and weighing services, in those areas, to apply for designation. The designated USGSA authority for two official agencies, Keokuk Grain Inspection (Keokuk) and North Dakota Grain Inspection, Inc. (NDGI), will end on the prescribed dates listed in the SUPPLEMENTARY INFORMATION section below. AMS is requesting designation applications from interested persons, entities, or governmental agencies that would like to provide official inspection and weighing services for the areas presently served by these two agencies. In addition to this request for applications, AMS seeks comments on the quality of services provided by Keokuk and NDGI.
Softwood Lumber Research, Promotion, Consumer Education, and Information Order; Adjustment to Membership
This final rule implements recommendations from the Softwood Lumber Board (Board) to modify the membership by adding alternate positions for certain seats and a public member. In addition to these Board recommended changes, Harmonized Tariff Schedule (HTS) numbers for softwood lumber are also updated with the latest numbers from the U.S. International Trade Commission. The Board administers the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order) with oversight by the U.S. Department of Agriculture (USDA).
Paper and Paper-Based Packaging Promotion, Research and Information Order; Clarifying Changes
The Agricultural Marketing Service (AMS) proposes multiple clarifying amendments to the Paper and Paper-Based Packaging Promotion, Research and Information Order (Order). The amendments include revising the definition of importer; adding a definition for partnership; clarifying the nominations process; clarifying language about in person and electronic voting for any Board meetings; updating the timing of financial reporting; and revising requirements for when exemptions can be requested. These actions would modify language in the Order to bring it up to date with current industry practices.
Milk in the Northeast and Other Marketing Areas; Proposed Amendments to Marketing Agreements and Orders
This decision proposes to amend the pricing provisions in the 11 Federal Milk Marketing Orders (FMMOs).
Olives Grown in California; Decreased Assessment Rate
This action decreases the assessment rate established for the 2024 fiscal year and subsequent fiscal years for California olives as recommended by the California Olive Committee. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Cranberries Grown in Massachusetts, et al.; Termination of Marketing Order and Data Collection Requirements for Cranberries Not Subject to the Marketing Order
This rulemaking terminates Federal Marketing Order No. 929 regulating the handling of cranberries grown in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York, and the rules and regulations issued thereunder. The data collection, reporting and recordkeeping requirements applicable to cranberries not subject to the marketing order are also terminated (7 CFR part 926). This rulemaking also removes the marketing order from the Code of Federal Regulations.
Solicitation of Nominations for Members of the USDA Grain Inspection Advisory Committee
The Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking nominations for individuals to serve on the USDA Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise AMS on the programs and services it delivers under the U.S. Grain Standards Act (USGSA). The committee is governed in accordance with the Federal Advisory Committee Act. Recommendations by the Advisory Committee help AMS better meet the needs of its customers who operate in a dynamic and changing marketplace.
Watermelon Research and Promotion Plan; Increased Assessment Rate
This proposed rulemaking would implement a recommendation from the National Watermelon Promotion Board to increase the assessment rate from six cents per hundredweight to nine cents per hundredweight. Domestic watermelon producers of 10 acres or more and domestic first handlers of watermelons would each pay four and a half cents per hundredweight, and importers of 150,000 pounds or more annually of watermelons would pay nine cents per hundredweight. This proposed rulemaking would also amend current regulatory language to correct non- substantive and typographical errors.
Fruit and Vegetable Industry Advisory Committee Call for Nominations
The Fruit and Vegetable Industry Advisory Committee (FVIAC or Committee) was established to develop recommendations for submission to the Secretary of Agriculture (Secretary) on issues affecting the U.S. produce industry. Through this notice, the USDA is requesting nominations to fill up to 25 upcoming vacancies on the FVIAC. The Secretary will appoint industry representative to serve a two-year term of office that would commence in 2024. The Secretary invites those individuals, organizations, and groups affiliated with the categories listed in the SUPPLEMENTARY INFORMATION section to nominate individuals or themselves for membership on the FVIAC.
Tomatoes Grown in Florida; Increased Assessment Rate
This rulemaking implements a recommendation from the Florida Tomato Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods from $0.025 to $0.035 per 25-pound container of tomatoes or equivalent. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Fair and Competitive Livestock and Poultry Markets
The United States Department of Agriculture's (USDA or Department) Agricultural Marketing Service (AMS) proposes to amend the regulations under the Packers and Stockyards Act of 1921 (the P&S Act or the Act) to clarify the unfair practices that the P&S Act prohibits. The proposed rule would define unfair practices as conduct that harms market participants and conduct that harms the market. Combined, these comprehensively define the contours of "unfair practices" under the P&S Act. The purpose of this proposed rule is to promote fair and competitive markets in the livestock, meats, poultry, and live poultry markets.
U.S. Grade Standards for Pecans in the Shell and Shelled Pecans
The Agricultural Marketing Service (AMS) is revising the U.S. Standards for Grades of Pecans in the Shell and the U.S. Standards for Grades of Shelled Pecans by replacing the current grades with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and U.S. Standard grades. In addition, AMS is updating terminology, definitions, and defect scoring guides.
Section 8e Import Inspection Fee Structure
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the regulations governing the inspection and certification for fresh fruits, vegetables, and other products by amending certain fees charged for Section 8e import inspections from a per-carlot basis to a per-pound basis, reducing the fee for each additional sublot by 50 percent, and establishing a new fee calculation for lots less than a carlot. These revisions are necessary to recover, as nearly as practicable, the costs of performing inspection services on imported commodities in accordance with the Agricultural Marketing Agreement Act of 1937.
Soybean Promotion and Research: Adjustments to Representation on the United Soybean Board
The Agricultural Marketing Service (AMS) proposes to adjust the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was last reapportioned in 2021. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership on the Board is reviewed every 3 years and adjustments are made accordingly. The proposed changes would result in a decrease in Board membership for the State of North Dakota from 4 members to 3 members and an increase in Board membership for the State of New York from 1 member to 2 members, thus the total number of Board members would remain at 77. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective with the Secretary of Agriculture's (Secretary) appointments for terms in the year 2025.
Notice of Request for an Extension of a Currently Approved Information Collection: Qualitative Feedback on Agency Service Delivery
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB), for an extension of a currently approved information collection associated with qualitative customer and stakeholder feedback on service delivery by the AMS.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) for an extension of and revision to the currently approved information collection 0581-0328 for the Pecan Promotion, Research, and Information Program.
Poultry Grower Payment Systems and Capital Improvement Systems
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS or the Agency) is soliciting comments on proposed revisions to its regulations under the Packers and Stockyards Act, 1921 (P&S Act or Act). The proposal would prohibit certain payment practices under poultry grower ranking systems (commonly known as tournaments) in contract poultry production for broiler chickens, require live poultry dealers (LPDs) to adopt policies and procedures for operating a fair ranking system for broiler growers, and require LPDs to provide certain information to broiler growers when the LPD requests or requires the grower to make additional capital investments (ACIs). AMS proposes these changes in response to numerous complaints from growers about the use of tournament systems. AMS intends for the proposed regulations to increase transparency and address deception and unfairness in broiler grower payments, tournament operations, and capital improvement systems.
Fees for Official Inspection and Weighing Services Under the United Stated Grain Standards Act
The Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS or the Service) is revising the fee schedule for official inspection and weighing services performed under the United States Grain Standards Act (USGSA), as amended. Specifically, this interim rule announces the new rates for the remainder of fiscal year 2024, and until such time as new fees are set by a final rule. AMS intends to follow this rulemaking with a notice of proposed rulemaking establishing a new regulatory fee formula. The necessary and immediate changes to the current fees will prevent FGIS cessation of services due to insufficient required funding and, most urgently, avoid significant negative impacts to the $54 billion grain export industry. This interim rule will allow FGIS to fully recover the actual costs of providing services and re-establish a 3- to 6-month operating reserve, consistent with the USGSA, and, in doing so, ensure uninterrupted essential grain inspection services that enable U.S. companies to continue exporting and marketing U.S. grain around the world.
Meeting of the Advisory Committee on Universal Cotton Standards
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the Advisory Committee on Universal Cotton Standards (Committee). This meeting is being convened to review the Universal Standards for American Upland cotton that are prepared by USDA and make recommendations to the Secretary of Agriculture regarding the establishment, revision, or change of the standards.
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