[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Rules and Regulations]
[Pages 19378-19381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06616]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 51 and 52
[Doc. No. AMS-LRRS-19-0099; SC-19-331]
Subpart Nomenclature Change; Technical Amendment
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; technical amendment.
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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.
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
[email protected].
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 Sec. 51.2 and the information from Footnote 2
is incorporated into a new paragraph (c) to Sec. 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 Sec.
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.
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.
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:
[[Page 19379]]
0
1. Revise the heading for subchapter C to read as follows:
SUBCHAPTER C--REQUIREMENTS AND STANDARDS UNDER THE AGRICULTURAL
MARKETING ACT OF 1946 AND THE EGG PRODUCTS INSPECTION ACT
PART 51--FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION,
CERTIFICATION, AND STANDARDS)
0
2. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
3. Revise the heading for part 51 (including removal of the footnotes)
to read as set forth above.
[Subpart Redesignated as Subpart A and Amended]
0
4. Redesignate ``Subpart--Regulations'' as subpart A and revise the
heading (including removal of the footnote) to read as follows:
Subpart A--Requirements
0
5. Amend Sec. 51.1 by revising the heading and adding paragraph (c) to
read as follows:
Sec. 51.1 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.
0
6. Amend Sec. 51.2 by redesignating paragraphs (n) through (u) as
paragraphs (o) through (v) and adding new paragraph (n) to read as
follows:
Sec. 51.2 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]
0
7. Redesignate ``Subpart--United States Standards for Grades of
Apples'' as ``Subpart B--United States Standards for Grades of
Apples''.
[Subpart Redesignated as Subpart C]
0
8. Redesignate ``Subpart--United States Standards for Grades of Apples
for Processing'' as ``Subpart C--United States Standards for Grades of
Apples for Processing''.
[Subpart Redesignated as Subpart D]
0
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)''.
[Subpart Redesignated as Subpart E]
0
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)''.
[Subpart Redesignated as Subpart F]
0
11. Redesignate ``Subpart--United States Standards for Grades of
Florida Grapefruit'' as ``Subpart F--United States Standards for Grades
of Florida Grapefruit''.
[Subpart Redesignated as Subpart G and Amended]
0
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)''.
[Subpart Redesignated as Subpart H]
0
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''.
[Subpart Redesignated as Subpart I]
0
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''.
[Subpart Redesignated as Subpart J and Amended]
0
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''.
[Subpart Redesignated as Subpart K and Amended]
0
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''.
[Subpart Redesignated as Subpart L and Amended]
0
17. Redesignate ``Subpart--United States Standards for Pears for
Canning'' as ``Subpart L--United States Standards for Grades of Pears
for Processing''.
[Subpart Redesignated as Subpart M]
0
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''.
[Subpart Redesignated as Subpart N]
0
19. Redesignate ``Subpart--United States Standards for Grades of
Shelled Pecans'' as ``Subpart N--United States Standards for Grades of
Shelled Pecans''.
[Subpart Redesignated as Subpart O]
0
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''.
[Subpart Redesignated as Subpart P and Amended]
0
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''.
[Subpart Redesignated as Subpart Q]
0
22. Redesignate ``Subpart--United States Consumer Standards for
Potatoes'' as ``Subpart Q--United States Consumer Standards for
Potatoes''.
[Subpart Redesignated as Subpart R]
0
23. Redesignate ``Subpart--United States Standards for Grades of
Florida Tangerines'' as ``Subpart R--United States Standards for Grades
of Florida Tangerines''.
[Subpart Redesignated as Subpart S and Amended]
0
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''.
[Subpart Redesignated as Subpart T]
0
25. Redesignate ``Subpart--United States Consumer Standards for Fresh
[[Page 19380]]
Tomatoes'' as ``Subpart T--United States Consumer Standards for Fresh
Tomatoes''.
[Subpart Redesignated as Subpart U and Amended]
0
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''.
[Subpart Redesignated as Subpart V]
0
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''.
[Subpart Redesignated as Subpart W]
0
28. Redesignate ``Subpart--United States Standards for Grades of
Shelled Almonds'' as ``Subpart W--United States Standards for Grades of
Shelled Almonds''.
[Subpart Redesignated as Subpart X]
0
29. Redesignate ``Subpart--United States Standards for Shelled English
Walnuts (Juglans Regia)'' as ``Subpart X--United States Standards for
Shelled English Walnuts (Juglans Regia)''.
[Subpart Redesignated as Subpart Y]
0
30. Redesignate ``Subpart--United States Standards for Grades of
Kiwifruit'' as ``Subpart Y--United States Standards for Grades of
Kiwifruit''.
[Subpart Redesignated as Subpart Z]
0
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''.
[Subpart Redesignated as Subpart AA]
0
32. Redesignate ``Subpart--United States Standards for Grades of
Shelled Pistachio Nuts'' as ``Subpart AA--United States Standards for
Grades of Shelled Pistachio Nuts''.
[Subpart Redesignated as Subpart BB and Amended]
0
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''.
[Subpart Redesignated as Subpart CC]
0
34. Redesignate ``Subpart--United States Standards for Shelled Runner
Type Peanuts'' as ``Subpart CC--United States Standards for Shelled
Runner Type Peanuts''.
[Subpart Redesignated as Subpart DD]
0
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''.
[Subpart Redesignation as Subpart EE]
0
36. Redesignate ``Subpart--United States Standards for Shelled Virginia
Type Peanuts'' as ``Subpart EE--United States Standards for Shelled
Virginia Type Peanuts''.
[Subpart Redesignated as Subpart FF]
0
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)''.
[Subpart Redesignated as Subpart GG]
0
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''.
[Subpart Redesignated as Subpart HH]
0
39. Redesignate ``Subpart--United States Standards for Florida
Avocados'' as ``Subpart HH--United States Standards for Florida
Avocados''.
[Subpart Redesignated as Subpart II]
0
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''.
[Subpart Redesignated as Subpart JJ and Amended]
0
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''.
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS
0
42. The authority citation for part 52 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
43. The heading for part 52 is revised (including removal of the
footnote) to read as set forth above.
0
44. In part 52, remove the note preceding the authority citation.
[Subpart Redesignated as Subpart A and Amended]
0
45. Redesignate ``Subpart--Regulations Governing Inspection and
Certification'' as subpart A and revise the heading to read as follows:
Subpart A--Requirements Governing Inspection and Certification
0
46. Amend Sec. 52.2 by adding in alphabetical order the definition
``Other processed food products'' to read as follows:
Sec. 52.2 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]
0
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''.
[Subpart Redesignated as Subpart C]
0
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''.
[Subpart Redesignated as Subpart D]
0
49. Redesignate ``Subpart--United States Standards for Grades of
Dates'' as ``Subpart D--United States Standards for Grades of Dates''.
[[Page 19381]]
[Subpart Redesignated as Subpart E and Amended]
0
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''.
[Subpart Redesignated as Subpart F]
0
51. Redesignate ``Subpart--United States Standards for Grades of Dried
Prunes'' as ``Subpart F--United States Standards for Grades of Dried
Prunes''.
[Subpart Redesignated as Subpart G and Amended]
0
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''.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-06616 Filed 4-6-20; 8:45 am]
BILLING CODE 3410-02-P