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Rule

Subpart Nomenclature Change; Technical Amendment

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Start Preamble

AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Final rule; technical amendment.

SUMMARY:

This document makes nomenclature changes to subpart headings in the Agricultural Marketing Service's regulations to bring the language into conformance with the Office of the Federal Register (OFR) requirements.

DATES:

Effective May 7, 2020.

ADDRESSES:

Specialty Crops Inspection Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0240, Washington, DC 20250-0240.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Contact Brian E. Griffin, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue SW, Room 1536, South Building; Stop 0240, Washington, DC 20250; telephone (202) 720-5021; fax (202) 690-1527; or, email brian.griffin@usda.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

This action, pursuant to 5 U.S.C. 553, amends regulations issued in 7 CFR subtitle B, Regulations of the Department of Agriculture, chapter I, Agricultural Marketing Service (Standards, Inspections, Marketing Practices), Department of Agriculture. This rule is issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and the Egg Products Inspection Act (21 U.S.C. 1031-1056), both as amended. This rule is also issued under 7 CFR parts 51 and 52, which establish grade standards and provide for inspection of certain fresh and processed fruits, vegetables, nuts, and specialty crops under the Agricultural Marketing Act of 1946.

This technical amendment redesignates and revises the heading of title 7, subtitle B, chapter I, subchapter C and of each subpart within 7 CFR parts 51 and 52 so that they are consistent with OFR requirements. The subparts were previously incorporated into 7 CFR parts 51 and 52 without assigned subpart letter designations. Further, some headings in subchapter C include the word “Regulations” in the title, which is inconsistent with OFR approved part and subpart headings, as each part under 7 CFR subtitle B represents a body of regulations.

For example, the heading of subchapter C, “Regulations and Standards under the Agricultural Marketing Act of 1946 and the Egg Products Inspection Act”, is considered redundant by the OFR in that it denotes regulations within a body of regulation. This rule amends subchapter C by revising the heading to read, “Requirements and Standards under the Agricultural Marketing Act of 1946 and the Egg Products Inspection Act.”

As a further example, the heading for 7 CFR part 51 currently includes two footnotes that might be considered regulatory in nature, which is inconsistent with OFR formatting. This rule amends part 51 by removing the footnotes and incorporating the information from the footnotes elsewhere in the part, as needed. The information in Footnote 1 is incorporated into § 51.2 and the information from Footnote 2 is incorporated into a new paragraph (c) to § 51.1.

Similarly, footnotes in subpart headings are removed where the text of the footnote is addressed in another provision of the subpart or part. Likewise, the note accompanying part 52 has been removed because the substance of that note is already in part 52, specifically § 52.57.

As a final example, the first subpart of part 51 is currently titled “Subpart—Regulations.” This rule redesignates the first subpart of part 51 and revises its title to read “Subpart A—Requirements.” This document makes similar redesignations and revisions to the other subparts in parts 51 and 52 to bring them into compliance with OFR requirements.

Additionally, 35 FR 6957, May 1, 1970 provided for a title change from U.S. Standards for Pears for Canning to U.S. Standards for Grades of Pears for Processing. This change has not been reflected in the subsequent Code of Federal Register publications but is recognized in this rule.

This final rule is administrative in nature and makes technical changes to CFR headings that will have no impact on the regulated industries. Accordingly, pursuant to 5 U.S.C. 553(b)(3)(B), notice of proposed rulemaking and opportunity for comment are unnecessary, and there is good cause to proceed with a final rule. Although there is no formal comment period, public comments on this rule are welcome on a continuing basis. Comments should be submitted to the address or email under the FOR FURTHER INFORMATION CONTACT section.

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).

This final rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal Governments nor significant Tribal implications.

AMS is committed to complying with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes.

USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule.

Start List of Subjects

List of Subjects

7 CFR Part 51

  • Food grades and standards
  • Fruits
  • Nuts
  • Reporting and recordkeeping requirements
  • Vegetables

7 CFR Part 52

  • Food grades and standards
  • Food labeling
  • Frozen foods
  • Fruit juices
  • Fruits
  • Reporting and recordkeeping requirements
  • Vegetables
End List of Subjects

For the reasons set forth in the preamble, and under the authority of 7 CFR 2.79, the Department of Agriculture amends 7 CFR chapter I as follows:

Start Printed Page 19379 Start Amendment Part

1. Revise the heading for subchapter C to read as follows:

End Amendment Part

SUBCHAPTER C—REQUIREMENTS AND STANDARDS UNDER THE AGRICULTURAL MARKETING ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT

Start Part

PART 51—FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION, CERTIFICATION, AND STANDARDS)

End Part Start Amendment Part

2. The authority citation for part 51 continues to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1621-1627.

End Authority Start Amendment Part

3. Revise the heading for part 51 (including removal of the footnotes) to read as set forth above.

End Amendment Part

[Subpart Redesignated as Subpart A and Amended]

Start Amendment Part

4. Redesignate “Subpart—Regulations” as subpart A and revise the heading (including removal of the footnote) to read as follows:

End Amendment Part

Subpart A—Requirements

Start Amendment Part

5. Amend § 51.1 by revising the heading and adding paragraph (c) to read as follows:

End Amendment Part
Administration of the regulations in this part.
* * * * *

(c) None of the requirements in this part shall excuse failure to comply with any Federal, State, county, or municipal laws applicable to products covered by the requirements in this part.

Start Amendment Part

6. Amend § 51.2 by redesignating paragraphs (n) through (u) as paragraphs (o) through (v) and adding new paragraph (n) to read as follows:

End Amendment Part
Terms defined.
* * * * *

(n) Other products. Among such other products are the following: Raw nuts, Christmas trees and evergreens; flowers and flower bulbs; and onion sets.

* * * * *

[Subpart Redesignated as Subpart B]

Start Amendment Part

7. Redesignate “Subpart—United States Standards for Grades of Apples” as “Subpart B—United States Standards for Grades of Apples”.

End Amendment Part

[Subpart Redesignated as Subpart C]

Start Amendment Part

8. Redesignate “Subpart—United States Standards for Grades of Apples for Processing” as “Subpart C—United States Standards for Grades of Apples for Processing”.

End Amendment Part

[Subpart Redesignated as Subpart D]

Start Amendment Part

9. Redesignate “Subpart—United States Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Arizona)” as “Subpart D—United States Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Arizona)”.

End Amendment Part

[Subpart Redesignated as Subpart E]

Start Amendment Part

10. Redesignate “Subpart—United States Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona)” as “Subpart E—United States Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona)”.

End Amendment Part

[Subpart Redesignated as Subpart F]

Start Amendment Part

11. Redesignate “Subpart—United States Standards for Grades of Florida Grapefruit” as “Subpart F—United States Standards for Grades of Florida Grapefruit”.

End Amendment Part

[Subpart Redesignated as Subpart G and Amended]

Start Amendment Part

12. Amend “Subpart—United States Standards for Grades of Table Grapes (European or Vinifera Type)” by removing the footnote and redesignating the subpart as “Subpart G—United States Standards for Grades of Table Grapes (European or Vinifera Type)”.

End Amendment Part

[Subpart Redesignated as Subpart H]

Start Amendment Part

13. Redesignate “Subpart—United States Standards for Grades of Florida Oranges and Tangelos” as “Subpart H—United States Standards for Grades of Florida Oranges and Tangelos”.

End Amendment Part

[Subpart Redesignated as Subpart I]

Start Amendment Part

14. Redesignate “Subpart—United States Standards for Cleaned Virginia Type Peanuts in the Shell” as “Subpart I—United States Standards for Cleaned Virginia Type Peanuts in the Shell”.

End Amendment Part

[Subpart Redesignated as Subpart J and Amended]

Start Amendment Part

15. Amend “Subpart—United States Standards for Summer and Fall Pears” by removing the footnote and redesignating the subpart as “Subpart J—United States Standards for Summer and Fall Pears”.

End Amendment Part

[Subpart Redesignated as Subpart K and Amended]

Start Amendment Part

16. Amend “Subpart—United States Standards for Winter Pears” by removing the footnote and redesignating the subpart as “Subpart K—United States Standards for Winter Pears”.

End Amendment Part

[Subpart Redesignated as Subpart L and Amended]

Start Amendment Part

17. Redesignate “Subpart—United States Standards for Pears for Canning” as “Subpart L—United States Standards for Grades of Pears for Processing”.

End Amendment Part

[Subpart Redesignated as Subpart M]

Start Amendment Part

18. Redesignate “Subpart—United States Standards for Grades of Pecans in the Shell” as “Subpart M—United States Standards for Grades of Pecans in the Shell”.

End Amendment Part

[Subpart Redesignated as Subpart N]

Start Amendment Part

19. Redesignate “Subpart—United States Standards for Grades of Shelled Pecans” as “Subpart N—United States Standards for Grades of Shelled Pecans”.

End Amendment Part

[Subpart Redesignated as Subpart O]

Start Amendment Part

20. Redesignate “Subpart—United States Standards for Grades of Fresh Plums and Prunes” as “Subpart O—United States Standards for Grades of Fresh Plums and Prunes”.

End Amendment Part

[Subpart Redesignated as Subpart P and Amended]

Start Amendment Part

21. Amend “Subpart—United States Standards for Grades of Potatoes” by removing the footnote and redesignating the subpart as “Subpart P—United States Standards for Grades of Potatoes”.

End Amendment Part

[Subpart Redesignated as Subpart Q]

Start Amendment Part

22. Redesignate “Subpart—United States Consumer Standards for Potatoes” as “Subpart Q—United States Consumer Standards for Potatoes”.

End Amendment Part

[Subpart Redesignated as Subpart R]

Start Amendment Part

23. Redesignate “Subpart—United States Standards for Grades of Florida Tangerines” as “Subpart R—United States Standards for Grades of Florida Tangerines”.

End Amendment Part

[Subpart Redesignated as Subpart S and Amended]

Start Amendment Part

24. Amend “Subpart—United States Standards for Fresh Tomatoes” by removing the footnote and redesignating the subpart as “Subpart S—United States Standards for Fresh Tomatoes”.

End Amendment Part

[Subpart Redesignated as Subpart T]

Start Amendment Part

25. Redesignate “Subpart—United States Consumer Standards for Fresh Start Printed Page 19380Tomatoes” as “Subpart T—United States Consumer Standards for Fresh Tomatoes”.

End Amendment Part

[Subpart Redesignated as Subpart U and Amended]

Start Amendment Part

26. Amend “Subpart—United States Standards for Grades of Filberts in the Shell” by removing the footnote and redesignating the subpart as “Subpart U—United States Standards for Grades of Filberts in the Shell”.

End Amendment Part

[Subpart Redesignated as Subpart V]

Start Amendment Part

27. Redesignate “Subpart—United States Standards for Grades of Almonds in the Shell” as “Subpart V—United States Standards for Grades of Almonds in the Shell”.

End Amendment Part

[Subpart Redesignated as Subpart W]

Start Amendment Part

28. Redesignate “Subpart—United States Standards for Grades of Shelled Almonds” as “Subpart W—United States Standards for Grades of Shelled Almonds”.

End Amendment Part

[Subpart Redesignated as Subpart X]

Start Amendment Part

29. Redesignate “Subpart—United States Standards for Shelled English Walnuts (Juglans Regia)” as “Subpart X—United States Standards for Shelled English Walnuts (Juglans Regia)”.

End Amendment Part

[Subpart Redesignated as Subpart Y]

Start Amendment Part

30. Redesignate “Subpart—United States Standards for Grades of Kiwifruit” as “Subpart Y—United States Standards for Grades of Kiwifruit”.

End Amendment Part

[Subpart Redesignated as Subpart Z]

Start Amendment Part

31. Redesignate “Subpart—United States Standards for Grades of Pistachio Nuts in the Shell” as “Subpart Z—United States Standards for Grades of Pistachio Nuts in the Shell”.

End Amendment Part

[Subpart Redesignated as Subpart AA]

Start Amendment Part

32. Redesignate “Subpart—United States Standards for Grades of Shelled Pistachio Nuts” as “Subpart AA—United States Standards for Grades of Shelled Pistachio Nuts”.

End Amendment Part

[Subpart Redesignated as Subpart BB and Amended]

Start Amendment Part

33. Amend “Subpart—United States Standards for Grades for Sweet Cherries” by removing the footnote and redesignating the subpart as “Subpart BB—United States Standards for Grades for Sweet Cherries”.

End Amendment Part

[Subpart Redesignated as Subpart CC]

Start Amendment Part

34. Redesignate “Subpart—United States Standards for Shelled Runner Type Peanuts” as “Subpart CC—United States Standards for Shelled Runner Type Peanuts”.

End Amendment Part

[Subpart Redesignated as Subpart DD]

Start Amendment Part

35. Redesignate “Subpart—United States Standards for Grades of Shelled Spanish Type Peanuts” as “Subpart DD—United States Standards for Grades of Shelled Spanish Type Peanuts”.

End Amendment Part

[Subpart Redesignation as Subpart EE]

Start Amendment Part

36. Redesignate “Subpart—United States Standards for Shelled Virginia Type Peanuts” as “Subpart EE—United States Standards for Shelled Virginia Type Peanuts”.

End Amendment Part

[Subpart Redesignated as Subpart FF]

Start Amendment Part

37. Redesignate “Subpart—United States Standards for Grades of Onions (Other Than Bermuda-Granex-Grano and Creole Types)” as “Subpart FF—United States Standards for Grades of Onions (Other Than Bermuda-Granex-Grano and Creole Types)”.

End Amendment Part

[Subpart Redesignated as Subpart GG]

Start Amendment Part

38. Redesignate “Subpart—United States Standards for Grades of Walnuts in the Shell” as “Subpart GG—United States Standards for Grades of Walnuts in the Shell”.

End Amendment Part

[Subpart Redesignated as Subpart HH]

Start Amendment Part

39. Redesignate “Subpart—United States Standards for Florida Avocados” as “Subpart HH—United States Standards for Florida Avocados”.

End Amendment Part

[Subpart Redesignated as Subpart II]

Start Amendment Part

40. Redesignate “Subpart—United States Standards for Grades of Bermuda-Granex-Grano Type Onions” as “Subpart II—United States Standards for Grades of Bermuda-Granex-Grano Type Onions”.

End Amendment Part

[Subpart Redesignated as Subpart JJ and Amended]

Start Amendment Part

41. Amend “Subpart—United States Standards for Grades of Potatoes for Processing” by removing the footnote and redesignating the subpart as “Subpart JJ—United States Standards for Grades of Potatoes for Processing”.

End Amendment Part Start Part

PART 52—PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS

End Part Start Amendment Part

42. The authority citation for part 52 continues to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1621-1627.

End Authority Start Amendment Part

43. The heading for part 52 is revised (including removal of the footnote) to read as set forth above.

End Amendment Part Start Amendment Part

44. In part 52, remove the note preceding the authority citation.

End Amendment Part

[Subpart Redesignated as Subpart A and Amended]

Start Amendment Part

45. Redesignate “Subpart—Regulations Governing Inspection and Certification” as subpart A and revise the heading to read as follows:

End Amendment Part

Subpart A—Requirements Governing Inspection and Certification

Start Amendment Part

46. Amend § 52.2 by adding in alphabetical order the definition “Other processed food products” to read as follows:

End Amendment Part
Terms defined.
* * * * *

Other processed food products. Among such other processed food products are the following: Honey; molasses, except for stockfeed; nuts and nut products, except oil; sugar (cane, beet, and maple); sirups (blended), sirups, except from grain; tea; cocoa; coffee; spices; condiments.

* * * * *

[Subpart Redesignated as Subpart B and Amended]

Start Amendment Part

47. Amend “Subpart—United States Standards for Grades of Canned Red Tart Pitted Cherries” by removing the footnote and redesignating the subpart as “Subpart B—United States Standards for Grades of Canned Red Tart Pitted Cherries”.

End Amendment Part

[Subpart Redesignated as Subpart C]

Start Amendment Part

48. Redesignate “Subpart—United States Standards for Grades of Frozen Red Tart Pitted Cherries” as “Subpart C—United States Standards for Grades of Frozen Red Tart Pitted Cherries”.

End Amendment Part

[Subpart Redesignated as Subpart D]

Start Amendment Part

49. Redesignate “Subpart—United States Standards for Grades of Dates” as “Subpart D—United States Standards for Grades of Dates”.

End Amendment Part Start Printed Page 19381

[Subpart Redesignated as Subpart E and Amended]

Start Amendment Part

50. Amend “Subpart—United States Standards for Grades of Processed Raisins” by removing the footnote and redesignating the subpart as “Subpart E—United States Standards for Grades of Processed Raisins”.

End Amendment Part

[Subpart Redesignated as Subpart F]

Start Amendment Part

51. Redesignate “Subpart—United States Standards for Grades of Dried Prunes” as “Subpart F—United States Standards for Grades of Dried Prunes”.

End Amendment Part

[Subpart Redesignated as Subpart G and Amended]

Start Amendment Part

52. Amend “Subpart—United States Standards for Grades of Canned Ripe Olives” by removing the footnote and redesignating the subpart as “Subpart G—United States Standards for Grades of Canned Ripe Olives”.

End Amendment Part Start Signature

Bruce Summers,

Administrator, Agricultural Marketing Service.

End Signature End Supplemental Information

[FR Doc. 2020-06616 Filed 4-6-20; 8:45 am]

BILLING CODE 3410-02-P