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Nomenclature Changes; Technical Amendment

---
identifier: "/us/fr/2020-01668"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Nomenclature Changes; Technical Amendment"
title_number: 0
title_name: "Federal Register"
section_number: "2020-01668"
section_name: "Nomenclature Changes; Technical Amendment"
positive_law: false
currency: "2020-02-10"
last_updated: "2020-02-10"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Agriculture Department"
document_number: "2020-01668"
document_type: "rule"
publication_date: "2020-02-10"
agencies:
  - "Agriculture Department"
  - "Agricultural Marketing Service"
cfr_references:
  - "7 CFR Part null"
fr_citation: "85 FR 7443"
fr_volume: 85
docket_ids:
  - "Doc. No. AMS-LRRS-19-0099"
effective_date: "2020-03-11"
fr_action: "Final rule; technical amendment."
---

#  Administrative procedures.

**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: *[email protected].*

**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. 601 *et 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* .

**List of Subjects**

Cotton.

Administrative practice and procedure, Cotton, Reporting and recordkeeping requirements, Warehouses.

Administrative practice and procedure, Advisory committees, Government publications, Imports, Pesticides and pests, Reporting and recordkeeping requirements, Tobacco.

Apples, Exports, Pears.

Grapes, Plums.

Agricultural commodities, Brokers, Investigations, Penalties, Reporting and recordkeeping requirements.

Administrative practice and procedure, Agricultural commodities, Brokers.

Agricultural commodities.

Administrative practice and procedure, Agricultural commodities, Food grades and standards.

Cattle, Livestock.

Food grades and standards, Food labeling, Meat and meat products, Poultry and poultry products.

Egg and egg products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements.

Egg and egg products, Exports, Food grades and standards, Imports, Reporting and recordkeeping requirements.

Dairy products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements.

Cottonseeds, Reporting and recordkeeping requirements.

Administrative practice and procedure, Agricultural commodities,  Reporting and recordkeeping requirements, Seeds, Vegetables.

Administrative practice and procedure, Agricultural commodities, Intergovernmental relations, Penalties, Pesticides and pests, Reporting and recordkeeping requirements.

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

**7 CFR Part 27**

1. Revise the heading of subchapter A to read as follows:

**SUBCHAPTER A—COMMODITY STANDARDS AND CONTAINER REQUIREMENTS**

**PART 27—COTTON CLASSIFICATION UNDER COTTON FURTURES LEGISLATION**

**7 CFR Part 27**

2. The authority citation for part 27 continues to read as follows:

**Authority:**

7 U.S.C. 15b, 7 U.S.C. 473b, 7 U.S.C. 1622(g).

**7 CFR Part 27**

3. Revise the heading for subpart A to read as follows:

**Subpart A—Requirements**

**Subpart B [Added and Reserved]**

**7 CFR Part 27**

4. Add reserved subpart B.

**PART 28—COTTON CLASSING, TESTING, AND STANDARDS**

**Subpart A—Requirements Under the United States Cotton Standards Act**

**7 CFR Part 28**

5. The authority citation for part 28, subpart A, continues to read as follows:

**Authority:**

7 U.S.C. 55 and 61.

**7 CFR Part 28**

6. Revise the heading for subpart A to read as set forth above.

**PART 29—TOBACCO INSPECTION**

**7 CFR Part 29**

7. The authority citation for part 29 continues to read as follows:

**Authority:**

7 U.S.C. 511-511s.

**7 CFR Part 29**

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**

**7 CFR Part 29**

9. Revise the heading for subpart B to read as follows:

**Subpart B—Requirements**

**7 CFR Part 29**

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**

**7 CFR Part 29**

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**

**7 CFR Part 33**

12. The authority citation for part 33 continues to read as follows:

**Authority:**

Sec. 7, 48 Stat. 124; 7 U.S.C. 587.

**7 CFR Part 33**

13. Revise the heading for part 33 to read as set forth above.

**7 CFR Part 33**

14. The undesignated center heading above § 33.10 is revised to read as follows:

**PROVISIONS**

**7 CFR Part 33**

15. The undesignated center heading above § 33.50 is revised to read as follows:

**MISCELLANEOUS**

**PART 35—EXPORT GRAPES AND PLUMS**

**7 CFR Part 35**

16. The authority citation for part 35 continues to read as follows:

**Authority:**

74 Stat. 734; 75 Stat. 220; 7 U.S.C. 591-599.

**7 CFR Part 35**

17. Amend § 35.7 by removing the footnote and revising the parenthesized cross reference at the end of the paragraph to read as follows:

§ 35.7

* * * (7 CFR part 51).

**Subchapter B—Marketing of Perishable Agricultural Commodities**

**PART 46—REQUIREMENTS (OTHER THAN ADMINISTRATIVE PROCEDURES) UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930**

**7 CFR Part 46**

18. The authority citation for part 46 continues to read as follows:

**Authority:**

7 U.S.C. 499a-499t.

**7 CFR Part 46**

19. Revise the heading for part 46 to read as set forth above.

**PART 47—ADMINISTRATIVE PROCEDURES UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT**

**7 CFR Part 47**

20. The authority citation for part 47 continues to read as follows:

**Authority:**

5 U.S.C. 553; 7 U.S.C. 499f; 7 U.S.C. 499o; 7 CFR 2.22(a)(1)(viii)(L), 2.79(a)(8)(xiii).

**7 CFR Part 47**

21. Revise the heading for part 47 to read as set forth above.

**7 CFR Part 47**

22. Revise the heading for § 47.5 to read as follows:

§ 47.5

**7 CFR Part 47**

23. The undesignated center heading above § 47.6 is revised to read as follows:

**PROVISIONS APPLICABLE TO REPARATION PROCEEDINGS**

**7 CFR Part 47**

24. The undesignated center heading above § 47.46 is revised to read as follows:

**PROVISIONS APPLICABLE TO DISCIPLINARY PROCEEDINGS**

**7 CFR Part 47**

25. Revise the heading for § 47.46 to read as follows:

§ 47.46

**7 CFR Part 47**

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**

**7 CFR Part 48**

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.

**7 CFR Part 48**

28. Revise the heading for part 48 to read as set forth above.

**PART 50—ADMINISTRATIVE PROCEDURES GOVERNING WITHDRAWAL OF INSPECTION AND GRADING SERVICES**

**7 CFR Part 50**

29. The authority citation for part 50 continues to read as follows:

**Authority:**

7 U.S.C. 1621 *et seq.;* 7 CFR 2.35, 2.41.

**7 CFR Part 50**

30. Revise the heading for part 50 to read as set forth above.

**7 CFR Part 50**

31. Revise the heading for § 50.1 to read as follows:

§ 50.1

**7 CFR Part 50**

32. Revise the heading for subpart B to read as follows:

**Subpart B—Supplemental Administrative Procedures**

**Subchapter C—Regulations and Standards Under the Agricultural Marketing Act of 1946 and the Egg Products Inspection Act**

**PART 54—MEATS, PREPARED MEATS, AND MEAT PRODUCTS (GRADING, CERTIFICATION, AND STANDARDS)**

**7 CFR Part 54**

33. The authority citation for part 54 continues to read as follows:

**Authority:**

7 U.S.C. 1621-1627.

**7 CFR Part 54**

34. Revise the heading for subpart A to read as follows:

**Subpart A—Grading of Meats, Prepared Meats, and Meat Products**

**7 CFR Part 54**

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**

**7 CFR Part 56**

36. The authority citation for part 56 continues to read as follows:

**Authority:**

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

**Subpart B [Added and Reserved]**

**7 CFR Part 56**

37. Add reserved subpart B.

**PART 57—INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)**

**7 CFR Part 57**

38. The authority citation for part 57 continues to read as follows:

**Authority:**

21 U.S.C. 1031-1056.

**7 CFR Part 57**

39. Revise the heading for subpart A to read as follows:

**Subpart A—Provisions Governing the Inspection of Eggs**

**7 CFR Part 57**

40. Revise the heading for subpart B to read as follows:

**Subpart B—Administrative Provisions Governing Proceedings Under the Egg Products Inspection Act**

**7 CFR Part 57**

41. The undesignated center heading above § 57.1000 is revised to read as follows:

**SCOPE AND APPLICABILITY OF ADMINISTRATIVE PROVISIONS**

**PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS**

**7 CFR Part 58**

41. The authority citation for part 58 continues to read as follows:

**Authority:**

7 U.S.C. 1621—1627.

**7 CFR Part 58**

42. Revise the heading for part 58 to read as set forth above.

**7 CFR Part 58**

43. Revise the heading for subpart A to read as follows:

**Subpart A—Provisions Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products**

**PART 61—COTTONSEED SOLD OR OFFERED FOR SALE FOR CRUSHING PURPOSES (INSPECTION, SAMPLING AND CERTIFICATION)**

**Subpart A—Requirements**

**7 CFR Part 61**

44. The authority citation for part 61, subpart A, continues to read as follows:

**Authority:**

Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

**7 CFR Part 61**

45. Revise the heading for subpart A to read as set forth above.

**7 CFR Part 61**

46. Revise the heading for § 61.5 to read as follows:

§ 61.5

**PART 75—PROVISIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS**

**7 CFR Part 75**

47. The authority citation for part 75 continues to read as follows:

**Authority:**

7 U.S.C. 1622 and 1624.

**7 CFR Part 75**

48. Revise the heading for part 75 to read as set forth above.

**7 CFR Part 75**

49. Revise the heading for § 75.5 to read as follows:

§ 75.5

**Subchapter E—Commodity Laboratory Testing Programs**

**PART 110—RECORDKEEPING ON RESTRICTED USE PESTICIDES BY CERTIFIED APPLICATIONS; SURVEYS AND REPORTS**

**7 CFR Part 110**

50. The authority citation for part 110 continues to read as follows:

**Authority:**

7 U.S.C. 136a(d)(1)(c), 136i-1, and 450; 7 CFR 2.17, 2.50.

**7 CFR Part 110**

51. Revise the heading for § 110.8 to read as follows:

§ 110.8

Dated: January 27, 2020.

Bruce Summers,

Administrator, Agricultural Marketing Service.