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AGENCY:
Animal and Plant Health Inspection Service, USDA.
ACTION:
Final rule.
SUMMARY:
This rule contains formatting changes to subpart references to bring the headings into conformance with the Office of Federal Register requirements. In addition, we are updating authority citations and making minor editorial changes to the regulations.
DATES:
Effective February 7, 2019.
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FOR FURTHER INFORMATION CONTACT:
For information about this final rule, please contact Ms. Charisse Cleare, Regulatory Analysis and Development, PPD, APHIS, 4700 River Road, Unit 118, Riverdale, MD 20737; (301) 851-2037.
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End Preamble
Start Supplemental Information
SUPPLEMENTARY INFORMATION:
This document makes nomenclature changes to subpart headings in 7 CFR parts 300, 301, 318, 319, 330, 340, and 355 to bring the headings into conformance with the Office of the Federal Register (OFR) requirements. These changes will ensure that all subheadings in the listed parts of title 7 are consistent with OFR nomenclature and formatting conventions. We are also making related changes within the regulations where subparts are referenced.
Miscellaneous
In addition to the changes set forth above, we are updating the authority citations for parts 319 and 330 to reflect a U.S. Code citation that has been redesignated. In the authority citations for parts 319 and 330, 7 U.S.C. 450 will be changed to 7 U.S.C. 1633.
Lastly, we are redesignating footnote 4 as footnote 3 in § 319.75-7. In an interim rule published in the Federal Register on December 29, 2014, (79 FR 77839-77841), we removed footnote 3 from § 319.75-2. When we removed footnote 3, we should have redesignated footnote 4 as footnote 3. In this document, we are making that change.
Effective Date
This rule relates to internal agency management and makes various nonsubstantive changes to the regulations in title 7, Code of Federal Regulations to reflect minor edits, updates to authority citations, and formatting changes to bring language into conformance with the Office of Federal Register requirements. Because the changes contained in this rule are nonsubstantive in nature, notice and other public procedure on this rule are unnecessary and contrary to the public interest. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity to comment are not required, and this rule may be made effective less than 30 days after publication in the Federal Register. Further, since this rule relates to internal agency management, it is exempt from the provisions of Executive Orders 12866, 12988, and 13771. Finally, this action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 501) and, thus, is exempt from the provisions of that Act.
Paperwork Reduction Act
This final rule contains no new reporting, recordkeeping, or third party disclosure requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Start List of Subjects
List of Subjects
- Plant diseases and pests
- Quarantine
- Agricultural commodities
- Plant diseases and pests
- Quarantine
- Reporting and recordkeeping requirements
- Transportation
- Cotton
- Cottonseeds
- Fruits
- Guam
- Plant diseases and pests
- Puerto Rico
- Quarantine
- Transportation
- Vegetables
- Virgin Islands
- Coffee
- Cotton
- Fruits
- Honey
- Imports
- Plants for Planting
- Plant diseases and pests
- Plants
- Quarantine
- Reporting and recordkeeping requirements
- Rice
- Sugar
- Vegetables
- Customs duties and inspection
- Plant diseases and pests
- Quarantine
- Reporting and recordkeeping requirements
- Transportation
- Administrative practice and procedure
- Packaging and containers
- Plant diseases and pests
- Reporting and recordkeeping requirements
- Transportation
- Endangered and threatened species
- Exports
- Law enforcement
- Plants
- Reporting and recordkeeping requirements
End List of Subjects
Accordingly, we are amending 7 CFR parts 300, 301, 318, 319, 330, 340, and 355 as follows:
Start Part
PART 300—INCORPORATION BY REFERENCE
End Part
Start Amendment Part1. The authority citation for part 300 continues to read as follows:
End Amendment Part
Start Authority
7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3.
End Authority
Start Amendment Part2. In § 300.2, paragraph (b) is amended by removing the words “Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles” and adding the words “Subpart I—Logs, Lumber, and Other Wood Articles” in their place.
End Amendment Part
Start Part
PART 301—DOMESTIC QUARANTINE NOTICES
End Part
Start Amendment Part3. The authority citation for part 301 continues to read as follows:
End Amendment Part
Start Authority
7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3.
End Authority
Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note).
[Subpart Redesignated as Subpart A]
Start Amendment Part4. Redesignate “Subpart—Preemption and Special Need Requests” as “Subpart A—Preemption and Special Need Requests”.
End Amendment Part
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[Subpart Redesignated as Subpart B]
Start Amendment Part5. Redesignate “Subpart—Imported Plants and Plant Parts” as “Subpart B—Imported Plants and Plant Parts”.
End Amendment Part
[Subpart Redesignated as Subpart C]
Start Amendment Part6. Redesignate “Subpart—Fruit Flies” as “Subpart C—Fruit Flies”.
End Amendment Part
[Subpart Redesignated as Subpart D]
Start Amendment Part7. Redesignate “Subpart—Black Stem Rust” as “Subpart D—Black Stem Rust”.
End Amendment Part
[Subpart Redesignated as Subpart E]
Start Amendment Part8. Redesignate “Subpart—Gypsy Moth” as “Subpart E—Gypsy Moth”.
End Amendment Part
[Subpart Redesignated as Subpart F]
Start Amendment Part9. Redesignate “Subpart—Japanese Beetle” as “Subpart F—Japanese Beetle”.
End Amendment Part
[Subpart Redesignated as Subpart G]
Start Amendment Part10. Redesignate “Subpart—Pine Shoot Beetle” as Subpart G—Pine Shoot Beetle”.
End Amendment Part
[Subpart Redesignated as Subpart H]
Start Amendment Part11. Redesignate “Subpart—Asian Longhorned Beetle” as “Subpart H—Asian Longhorned Beetle”.
End Amendment Part
[Subpart Redesignated as Subpart I]
Start Amendment Part12. Redesignate “Subpart—Pink Bollworm” as “Subpart I—Pink Bollworm”.
End Amendment Part
[Subpart Redesignated as Subpart J]
Start Amendment Part13. Redesignate “Subpart—Emerald Ash Borer” as “Subpart J—Emerald Ash Borer”.
End Amendment Part
[Subpart Redesignated as Subpart K]
Start Amendment Part14. Redesignate “Subpart—South American Cactus Moth” as “Subpart K—South American Cactus Moth”.
End Amendment Part
[Subpart Redesignated as Subpart L]
Start Amendment Part15. Redesignate “Subpart—Plum Pox” as “Subpart L—Plum Pox”.
End Amendment Part
[Subpart Redesignated as Subpart M]
Start Amendment Part16. Redesignate “Subpart—Citrus Canker” as “Subpart M—Citrus Canker”.
End Amendment Part
[Subpart Redesignated as Subpart N]
Start Amendment Part17. Redesignate “Subpart—Citrus Greening and Asian Citrus Psyllid” as “Subpart N—Citrus Greening and Asian Citrus Psyllid”.
End Amendment Part
[Subpart Redesignated as Subpart O]
Start Amendment Part18. Redesignate “Subpart—Witchweed” as “Subpart O—Witchweed”.
End Amendment Part
[Subpart Redesignated as Subpart P]
Start Amendment Part19. Redesignate “Subpart—Imported Fire Ant” as “Subpart P—Imported Fire Ant”.
End Amendment Part
[Subpart Redesignated as Subpart Q]
Start Amendment Part20. Redesignate “Subpart—Unshu Oranges [Reserved]” as “Subpart Q—Unshu Oranges [Reserved]”.
End Amendment Part
[Subpart Redesignated as Subpart R]
Start Amendment Part21. Redesignate “Subpart—Golden Nematode” as “Subpart R—Golden Nematode”.
End Amendment Part
[Subpart Redesignated as Subpart S]
Start Amendment Part22. Redesignate “Subpart—Pale Cyst Nematode” as “Subpart S—Pale Cyst Nematode”.
End Amendment Part
[Subpart Redesignated as Subpart T]
Start Amendment Part23. Redesignate “Subpart—Sugarcane Diseases” as “Subpart T—Sugarcane Diseases”.
End Amendment Part
[Subpart Redesignated as Subpart U]
Start Amendment Part24. Redesignate “Subpart—Karnal Bunt” as “Subpart U—Karnal Bunt”.
End Amendment Part
[Subpart Redesignated as Subpart V]
Start Amendment Part25. Redesignate “Subpart—Corn Cyst Nematode [Reserved]” as “Subpart V—Corn Cyst Nematode [Reserved]”.
End Amendment Part
[Subpart Redesignated as Subpart W]
Start Amendment Part26. Redesignate “Subpart—European Larch Canker” as “Subpart W—European Larch Canker”.
End Amendment Part
[Subpart Redesignated as Subpart X]
Start Amendment Part27. Redesignate “Subpart—Phytophthora Ramorum” as “Subpart X—Phytophthora Ramorum”.
End Amendment Part
Start Part
PART 318—STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES
End Part
Start Amendment Part28. The authority citation for part 318 continues to read as follows:
End Amendment Part
Start Authority
7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3.
End Authority
[Subpart Redesignated as Subpart A]
Start Amendment Part29. Redesignate “Subpart—Regulated Articles From Hawaii and the Territories” as “Subpart A—Regulated Articles From Hawaii and the Territories”.
End Amendment Part
Start Amendment Part30. In § 318.13-1, paragraph (b) is revised to read as follows:
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Notice of quarantine.
* * * * *
(b) The Secretary has determined that it is necessary to prohibit the interstate movement of cut flowers and fruits and vegetables and plants and portions of plants from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands except as provided in this subpart or as provided in “Subpart B—Territorial Cotton, Cottonseed, and Cottonseed Products” and “Subpart C—Sand, Soil, or Earth, with Plants from Territories and Districts” in this part.
Start Amendment Part31. In § 318.13-6, paragraph (m) is amended by removing the words “Subpart—Fruits and Vegetables” and adding the words “Subpart L—Fruits and Vegetables” in their place.
End Amendment Part
[Subpart Redesignated as Subpart B]
Start Amendment Part32. Redesignate “Subpart—Territorial Cotton, Cottonseed, and Cottonseed Products” as “Subpart B—Territorial Cotton, Cottonseed, and Cottonseed Products”.
End Amendment Part
[Subpart Redesignated as Subpart C]
Start Amendment Part33. Redesignate “Subpart—Sand, Soil, or Earth, with Plants from Territories and Districts” as “Subpart C—Sand, Soil, or Earth, with Plants from Territories and Districts”.
End Amendment Part
Start Part
PART 319—FOREIGN QUARANTINE NOTICES
End Part
Start Amendment Part34. The authority citation for part 319 is revised to read as follows:
End Amendment Part
Start Authority
7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
End Authority
[Subpart Redesignated as Subpart A]
Start Amendment Part35. Redesignate “Subpart—Preemption” as “Subpart A—Preemption”.
End Amendment Part
[Subpart Redesignated as Subpart B]
Start Amendment Part36. Redesignate “Subpart—Requests to Amend the Regulations” as “Subpart B—Requests to Amend the Regulations”.
End Amendment Part
[Subpart Redesignated as Subpart C]
Start Amendment Part37. Redesignate “Subpart—Controlled Import Permits” as “Subpart C—Controlled Import Permits”.
End Amendment Part
[Subpart Redesignated as Subpart D]
Start Amendment Part38. Redesignate “Subpart—Permits: Application, Issuance, Denial, and Revocation” as “Subpart D—Permits: Allocation, Issuance, Denial, and Revocation”.
End Amendment Part
[Subpart Redesignated as Subpart E]
Start Amendment Part39. Redesignate “Subpart—Foreign Cotton and Covers” as “Subpart E—Foreign Cotton and Covers”.
End Amendment Part
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[Amended]
Start Amendment Part40. In § 319.8, paragraph (b) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
[Subpart Redesignated as Subpart F]
Start Amendment Part41. Redesignate “Subpart—Sugarcane” as “Subpart F—Sugarcane”.
End Amendment Part
Start Amendment Part42. In § 319.15, paragraph (b) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
[Subpart Redesignated as Subpart G]
Start Amendment Part43. Redesignate “Subpart—Corn Diseases” as “Subpart G—Corn Diseases”.
End Amendment Part
Start Amendment Part44. In § 319.24, paragraph (b) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
[Subpart Redesignated as Subpart H]
Start Amendment Part45. Redesignate “Subpart—Plants for Planting” as “Subpart H—Plants for Planting”.
End Amendment Part
[Subpart Redesignated as Subpart I]
Start Amendment Part46. Redesignate “Subpart—Logs, Lumber, and Other Wood Articles” as “Subpart I—Logs, Lumber, and Other Wood Articles”.
End Amendment Part
Start Amendment Part47. In § 319.40-2, paragraph (c) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place, and removing the words “Subpart—Fruits and Vegetables” and adding the words “Subpart L—Fruits and Vegetables” in their place.
End Amendment Part
Start Amendment Part48. In § 319.40-9, footnote 2 is amended by removing the words “Subpart—Fruits and Vegetables” and adding the words “Subpart L—Fruits and Vegetables” in their place.
End Amendment Part
[Subpart Redesignated as Subpart J]
Start Amendment Part49. Redesignate “Subpart—Indian Corn or Maize, Broomcorn, and Related Plants” as “Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants”.
End Amendment Part
Start Amendment Part50. In § 319.41, paragraph (d) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
[Subpart Redesignated as Subpart K]
Start Amendment Part51. Redesignate “Subpart—Rice” as “Subpart K—Rice”.
End Amendment Part
Start Amendment Part52. In § 319.55, paragraph (d) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
[Subpart Redesignated as Subpart L]
Start Amendment Part53. Redesignate “Subpart—Fruits and Vegetables” as “Subpart L—Fruits and Vegetables”.
End Amendment Part
[Subpart Redesignated as Subpart M]
Start Amendment Part54. Redesignate “Subpart—Wheat Diseases” as “Subpart M—Wheat Diseases”.
End Amendment Part
Start Amendment Part55. In § 319.59-2, paragraph (c) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
[Subpart Redesignated as Subpart N]
Start Amendment Part56. Redesignate “Subpart—Packing Materials” as “Subpart N—Packing Materials”.
End Amendment Part
[Subpart Redesignated as Subpart O]
Start Amendment Part57. Redesignate “Subpart—Coffee” as “Subpart O—Coffee”.
End Amendment Part
Start Amendment Part58. In § 319.73-2, paragraph (b) is amended by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
[Subpart Redesignated as Subpart P]
Start Amendment Part59. Redesignate “Subpart—Cut Flowers” as “Subpart P—Cut Flowers”.
End Amendment Part
[Subpart Redesignated as Subpart Q]
Start Amendment Part60. Redesignate “Subpart—Khapra Beetle” as “Subpart Q—Khapra Beetle”.
End Amendment Part
Start Amendment Part61. In § 319.75-2, footnote 1 is amended by removing the words “Subpart—Fruits and Vegetables” and adding the words “Subpart L—Fruits and Vegetables” in their place and by removing the words “Subpart—Plants for Planting” and adding the words “Subpart H—Plants for Planting” in their place.
End Amendment Part
Start Amendment Part62. Section 319.75-7 is amended by redesignating footnote 4 as footnote 3.
End Amendment Part
[Subpart Redesignated as Subpart R]
Start Amendment Part63. Redesignate “Subpart—Gypsy Moth Host Material from Canada” as “Subpart R—Gypsy Moth Host Material from Canada”.
End Amendment Part
Start Amendment Part64. In § 319.77-4, footnotes 1 and 2 are amended by removing the words “Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles” and adding the words “Subpart I—Logs, Lumber, and Other Wood Articles” in their place.
End Amendment Part
Start Part
PART 330—FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE
End Part
Start Amendment Part65. The authority citation for part 330 is revised to read as follows:
End Amendment Part
Start Authority
7 U.S.C. 1633, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
End Authority
[Subpart Redesignated as Subpart A]
Start Amendment Part66. Redesignate “Subpart—General Provisions” as “Subpart A—General Provisions”.
End Amendment Part
[Subpart Redesignated as Subpart B]
Start Amendment Part67. Redesignate “Subpart—Movement of Plant Pests” as “Subpart B—Movement of Plant Pests”.
End Amendment Part
[Subpart Redesignated as Subpart C]
Start Amendment Part68. Redesignate “Subpart—Movement of Soil, Stone, and Quarry Products” as “Subpart C—Movement of Soil, Stone, and Quarry Products”.
End Amendment Part
[Subpart Redesignated as Subpart D]
Start Amendment Part69. Redesignate “Subpart—Garbage” as “Subpart D—Garbage”.
End Amendment Part
Start Part
PART 340—INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE PLANT PESTS
End Part
Start Amendment Part70. The authority citation for part 340 continues to read as follows:
End Amendment Part
Start Authority
7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
End Authority
Start Amendment Part71. In § 340.0, footnote 1 is amended by removing the words “Subpart—Plants for Planting” and adding the Start Printed Page 2430words “Subpart H—Plants for Planting” in their place.
End Amendment Part
Start Part
PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS
End Part
Start Amendment Part72. The authority citation for part 355 continues to read as follows:
End Amendment Part
Start Authority
16 U.S.C. 1532, 1538, and 1540; 7 CFR 2.22, 2.80, and 371.3.
End Authority
[Subpart Redesignated as Subpart A]
Start Amendment Part73. Redesignate “Subpart—Purpose and Definitions” as “Subpart A—Purpose and Definitions”.
End Amendment Part
[Subpart Redesignated as Subpart B]
Start Amendment Part74. Redesignate “Subpart—Permission to Engage in Business” as “Subpart B—Permission to Engage in Business”.
End Amendment Part
[Subpart Redesignated as Subpart C]
Start Amendment Part75. Redesignate “Subpart—Inspections and Related Provisions” as “Subpart C—Inspections and Related Provisions”.
End Amendment Part
Start Signature
Done in Washington, DC, this 30th day of January 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
End Signature
End Supplemental Information
[FR Doc. 2019-01142 Filed 2-6-19; 8:45 am]
BILLING CODE 3410-34-P
