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Animal and Plant Health Inspection Service, USDA.
Final rule.
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.
Effective February 7, 2019.
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.
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.
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.
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.
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.).
Accordingly, we are amending 7 CFR parts 300, 301, 318, 319, 330, 340, and 355 as follows:
1. The authority citation for part 300 continues to read as follows:
2. 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.
3. The authority citation for part 301 continues to read as follows:
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).
4. Redesignate “Subpart—Preemption and Special Need Requests” as “Subpart A—Preemption and Special Need Requests”.
( printed page 2428)5. Redesignate “Subpart—Imported Plants and Plant Parts” as “Subpart B—Imported Plants and Plant Parts”.
6. Redesignate “Subpart—Fruit Flies” as “Subpart C—Fruit Flies”.
7. Redesignate “Subpart—Black Stem Rust” as “Subpart D—Black Stem Rust”.
8. Redesignate “Subpart—Gypsy Moth” as “Subpart E—Gypsy Moth”.
9. Redesignate “Subpart—Japanese Beetle” as “Subpart F—Japanese Beetle”.
10. Redesignate “Subpart—Pine Shoot Beetle” as Subpart G—Pine Shoot Beetle”.
11. Redesignate “Subpart—Asian Longhorned Beetle” as “Subpart H—Asian Longhorned Beetle”.
12. Redesignate “Subpart—Pink Bollworm” as “Subpart I—Pink Bollworm”.
13. Redesignate “Subpart—Emerald Ash Borer” as “Subpart J—Emerald Ash Borer”.
14. Redesignate “Subpart—South American Cactus Moth” as “Subpart K—South American Cactus Moth”.
15. Redesignate “Subpart—Plum Pox” as “Subpart L—Plum Pox”.
16. Redesignate “Subpart—Citrus Canker” as “Subpart M—Citrus Canker”.
17. Redesignate “Subpart—Citrus Greening and Asian Citrus Psyllid” as “Subpart N—Citrus Greening and Asian Citrus Psyllid”.
18. Redesignate “Subpart—Witchweed” as “Subpart O—Witchweed”.
19. Redesignate “Subpart—Imported Fire Ant” as “Subpart P—Imported Fire Ant”.
20. Redesignate “Subpart—Unshu Oranges [Reserved]” as “Subpart Q—Unshu Oranges [Reserved]”.
21. Redesignate “Subpart—Golden Nematode” as “Subpart R—Golden Nematode”.
22. Redesignate “Subpart—Pale Cyst Nematode” as “Subpart S—Pale Cyst Nematode”.
23. Redesignate “Subpart—Sugarcane Diseases” as “Subpart T—Sugarcane Diseases”.
24. Redesignate “Subpart—Karnal Bunt” as “Subpart U—Karnal Bunt”.
25. Redesignate “Subpart—Corn Cyst Nematode [Reserved]” as “Subpart V—Corn Cyst Nematode [Reserved]”.
26. Redesignate “Subpart—European Larch Canker” as “Subpart W—European Larch Canker”.
27. Redesignate “Subpart—Phytophthora Ramorum” as “Subpart X—Phytophthora Ramorum”.
28. The authority citation for part 318 continues to read as follows:
29. Redesignate “Subpart—Regulated Articles From Hawaii and the Territories” as “Subpart A—Regulated Articles From Hawaii and the Territories”.
30. In § 318.13-1, paragraph (b) is revised to read as follows:
(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.
31. 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.
32. Redesignate “Subpart—Territorial Cotton, Cottonseed, and Cottonseed Products” as “Subpart B—Territorial Cotton, Cottonseed, and Cottonseed Products”.
33. 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”.
34. The authority citation for part 319 is revised to read as follows:
35. Redesignate “Subpart—Preemption” as “Subpart A—Preemption”.
36. Redesignate “Subpart—Requests to Amend the Regulations” as “Subpart B—Requests to Amend the Regulations”.
37. Redesignate “Subpart—Controlled Import Permits” as “Subpart C—Controlled Import Permits”.
38. Redesignate “Subpart—Permits: Application, Issuance, Denial, and Revocation” as “Subpart D—Permits: Allocation, Issuance, Denial, and Revocation”.
39. Redesignate “Subpart—Foreign Cotton and Covers” as “Subpart E—Foreign Cotton and Covers”.
40. 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.
41. Redesignate “Subpart—Sugarcane” as “Subpart F—Sugarcane”.
42. 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.
43. Redesignate “Subpart—Corn Diseases” as “Subpart G—Corn Diseases”.
44. 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.
45. Redesignate “Subpart—Plants for Planting” as “Subpart H—Plants for Planting”.
46. Redesignate “Subpart—Logs, Lumber, and Other Wood Articles” as “Subpart I—Logs, Lumber, and Other Wood Articles”.
47. 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.
48. 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.
49. Redesignate “Subpart—Indian Corn or Maize, Broomcorn, and Related Plants” as “Subpart J—Indian Corn or Maize, Broomcorn, and Related Plants”.
50. 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.
51. Redesignate “Subpart—Rice” as “Subpart K—Rice”.
52. 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.
53. Redesignate “Subpart—Fruits and Vegetables” as “Subpart L—Fruits and Vegetables”.
54. Redesignate “Subpart—Wheat Diseases” as “Subpart M—Wheat Diseases”.
55. 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.
56. Redesignate “Subpart—Packing Materials” as “Subpart N—Packing Materials”.
57. Redesignate “Subpart—Coffee” as “Subpart O—Coffee”.
58. 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.
59. Redesignate “Subpart—Cut Flowers” as “Subpart P—Cut Flowers”.
60. Redesignate “Subpart—Khapra Beetle” as “Subpart Q—Khapra Beetle”.
61. 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.
62. Section 319.75-7 is amended by redesignating footnote 4 as footnote 3.
63. Redesignate “Subpart—Gypsy Moth Host Material from Canada” as “Subpart R—Gypsy Moth Host Material from Canada”.
64. 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.
65. The authority citation for part 330 is revised to read as follows:
66. Redesignate “Subpart—General Provisions” as “Subpart A—General Provisions”.
67. Redesignate “Subpart—Movement of Plant Pests” as “Subpart B—Movement of Plant Pests”.
68. Redesignate “Subpart—Movement of Soil, Stone, and Quarry Products” as “Subpart C—Movement of Soil, Stone, and Quarry Products”.
69. Redesignate “Subpart—Garbage” as “Subpart D—Garbage”.
70. The authority citation for part 340 continues to read as follows:
71. In § 340.0, footnote 1 is amended by removing the words “Subpart—Plants for Planting” and adding the ( printed page 2430) words “Subpart H—Plants for Planting” in their place.
72. The authority citation for part 355 continues to read as follows:
73. Redesignate “Subpart—Purpose and Definitions” as “Subpart A—Purpose and Definitions”.
74. Redesignate “Subpart—Permission to Engage in Business” as “Subpart B—Permission to Engage in Business”.
75. Redesignate “Subpart—Inspections and Related Provisions” as “Subpart C—Inspections and Related Provisions”.
Done in Washington, DC, this 30th day of January 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-01142 Filed 2-6-19; 8:45 am]
BILLING CODE 3410-34-P