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Published Document: 2020-01668 (85 FR 7443)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Agricultural Marketing Service, USDA.
ACTION:
Final rule; technical amendment.
SUMMARY:
This document makes nomenclature changes to the headings for a subchapter and various parts, subparts, and sections of the Code of Federal Regulations administered by the Agricultural Marketing Service (AMS). This action is necessary to conform with Office of the Federal Register requirements for regulatory language.
DATES:
This rule is effective March 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Laurel L. May, Regulatory Analyst, Agricultural Marketing Service, USDA, 1400 Independence Ave. SW, Stop 0231, Washington, DC 20250-0231; phone: (202) 690-1366, fax: (202) 690-0552, or email:
Laurel.May@usda.gov.
SUPPLEMENTARY INFORMATION:
This final rule makes technical amendments to certain headings in the Code of Federal Regulations (CFR). The CFR is divided into titles, subtitles, chapters, subchapters, parts, subparts, sections, and subsections. Currently, some of the regulations administered by AMS in 7 CFR chapter I contain headings or footnotes that do not comply with Office of the Federal Register (OFR) requirements, which require the use of descriptive terms in regulatory headings and require that subparts be properly designated. The technical amendments in this final rule will ensure that the headings in 7 CFR chapter I are consistent with OFR nomenclature and formatting used throughout the CFR. This rule addresses many of the necessary changes in 7 CFR chapter I; the remainder are being addressed in concurrent actions by the individual AMS programs that administer the particular regulations.
This rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017).
The Administrative Procedure Act (APA) (5 U.S.C. 553(B)(3)(b)) provides that when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, an agency my issue a rule without providing notice and an opportunity for public comment. AMS has determined that there is good cause for making this technical amendment final without prior proposal and opportunity for comment because the revisions are not substantive and will have no impact on the regulatory requirements in the affected parts. AMS has determined that public comment on such administrative changes is unnecessary and that there is good cause under the APA for proceeding with a final rule.
Further, because a notice of proposed rulemaking an opportunity for public comment are not required to be given for this rule under the APA or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601et seq.) are not applicable. Accordingly, this rule is issued in final form. Although there is no formal comment period, public comments on this rule are welcome on an ongoing basis. Comments should be submitted to the address or email under
FOR FURTHER INFORMATION CONTACT
.
8. Revise the heading for subpart A to read as follows:
Subpart A—Policy Statement and Provisions Governing the Extension of Tobacco Inspection and Price Support Services to New Markets and to Additional Sales on Designated Markets
9. Revise the heading for subpart B to read as follows:
Subpart B—Requirements
10. Revise the heading for subpart F to read as follows:
Subpart F—Policy Statement and Provisions Governing the Identification and Certification of Nonquota Tobacco Produced and Marketed in a Quota Area
11. Revise the heading for subpart G to read as follows:
Subpart G—Policy Statement and Provisions Governing Availability of Tobacco Inspection and Price Support Services to Flue-Cured Tobacco on Designated Markets
PART 33—REQUIREMENTS UNDER THE EXPORT APPLE ACT
12. The authority citation for part 33 continues to read as follows:
26. The undesignated center heading above § 47.47 is revised to read as follows:
PROVISIONS APPLICABLE TO THE DETERMINATION AS TO WHETHER A PERSON IS RESPONSIBLY CONNECTED WITH A LICENSEE UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT
PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT
27. The authority citation for part 48 continues to read as follows:
Authority: Sec. 3, 44, Stat. 1355, as amended; 7 U.S.C. 494.
28. Revise the heading for part 48 to read as set forth above.
PART 50—ADMINISTRATIVE PROCEDURES GOVERNING WITHDRAWAL OF INSPECTION AND GRADING SERVICES
29. The authority citation for part 50 continues to read as follows:
34. Revise the heading for subpart A to read as follows:
Subpart A—Grading of Meats, Prepared Meats, and Meat Products
35. Revise the heading for subpart C to read as follows:
Subpart C—Provisions Governing the Certification of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products
PART 56—VOLUNTARY GRADING OF SHELL EGGS
36. The authority citation for part 56 continues to read as follows:
Authority: 7. U.S.C. 1621-1627.
Subpart B [Added and Reserved]
37. Add reserved subpart B.
PART 57—INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)
38. The authority citation for part 57 continues to read as follows: