[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14736-14741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06882]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 900, 915, 917, 923, 925, 932, 946, 948, 953, 955, 956, 
958, 981, 984, 987, and 993

[Doc. No. AMS-SC-17-0083; SC18-915-l FR]


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 
requirements.

DATES: This rule is effective May 7, 2018.

ADDRESSES: Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, 
DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Senior Marketing 
Specialist, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA, Post Office Box 952, Moab, UT 84532; Telephone: 
(202) 557-4783, Fax: (435) 259-1502, or Julie Santoboni, Rulemaking 
Branch Chief, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, 
DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or 
Email: [email protected] or [email protected].
    Small businesses may request information on this proceeding by 
contacting Richard Lower, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 
720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, 
amends regulations issued to carry out a marketing order as defined in 
7 CFR 900.2(j). This rule is issued under the General regulations (part 
900) and the marketing orders in numerous other parts of title 7, that 
regulate the handling of fruits, vegetables and nuts (parts 915, 917, 
923, 925, 932, 946, 948,

[[Page 14737]]

953, 955, 956, 958, 981, 984, 987, and 993). These parts (referred to 
as ``Order'' or ``Orders''), are effective under the Agricultural 
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), 
hereinafter referred to as the ``Act.''
    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 the Office of 
Management and Budget's (OMB) Memorandum titled ``Interim Guidance 
Implementing Section 2 of the Executive Order of January 30, 2017 
titled `Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' 
(February 2, 2017).

Preliminary Statement

    This document makes nomenclature changes to subpart headings in 
part 900 and Orders 915, 917, 923, 925, 932, 946, 948, 953, 955, 956, 
958, 981, 984, 987, and 993 to bring the language into conformance with 
the Office of the Federal Register (OFR) requirements. These changes 
will ensure that all subpart headings in part 900 and the Orders are 
consistent with OFR nomenclature and formatting used throughout the 
Code of Federal Regulations (CFR).

A. What does this technical amendment do?

    This technical amendment redesignates and revises the heading of 
each subpart within part 900 and each of the Orders so that it is 
consistent with OFR requirements. These subparts were improperly 
incorporated into the Orders without an assigned subpart letter. 
Further, some subpart headings were titled ``Rules and Regulations,'' 
which is inconsistent with approved subpart headings, as each Order, 
defined as a part under chapter IX, volume 8, title 7 of the CFR, 
``AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; 
FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE,'' represents a 
body of regulations. For example, part 915, encompasses regulations of 
the Order for avocados grown in south Florida. The first subpart of 
this part is correctly titled ``Order Regulating Handling,'' but lacks 
the correct designation as ``subpart A.'' This rule amends that subpart 
by redesignating it as ``Subpart A-Order Regulating Handling.'' The 
second subpart of part 915 is both undesignated and erroneously titled, 
``Subpart-Rules and Regulations.'' This title is considered redundant 
by the OFR in that it denotes regulations within a body of regulation. 
This rule amends that subpart by redesignating it as ``subpart B'' and 
revising the heading to read, ``Subpart B-Administrative 
Requirements.'' This document makes similar amendments to redesignate 
and revise headings of all subparts of the listed Orders to bring them 
into compliance with OFR requirements. Not all marketing orders are 
addressed in this rule as some marketing orders do not contain subpart 
headings that require corrections.

B. Why is this technical amendment issued as a final rule?

    Section 553(b)(3)(B) of 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, the agency may issue a rule without 
providing notice and an opportunity for public comment. The 
Agricultural Marketing Service (AMS) has determined that there is good 
cause for making this technical amendment final without prior proposal 
and opportunity for comment because the redesignations and revised 
headings will have no impact on the regulations of the affected parts. 
AMS has determined that public comment on such ministerial changes is 
unnecessary and that therefore there is good cause under 5 U.S.C. 
553(b)(3)(B) for proceeding with a final rule.
    Further, because a notice of proposed rulemaking and 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 a continuing basis. 
Comments should be submitted to the address or email under FOR FURTHER 
INFORMATION CONTACT.

List of Subjects

7 CFR Part 900

    Administrative practice and procedure, Freedom of information, 
Marketing agreements, Reporting and recordkeeping requirements.

7 CFR Part 915

    Avocados, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 917

    Marketing agreements, Peaches, Pears, Plums, Reporting and 
recordkeeping requirements.

7 CFR Part 923

    Cherries, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 925

    Grapes, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 932

    Marketing agreements, Olives, Reporting and recordkeeping 
requirements.

7 CFR Part 946

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

7 CFR Part 948

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

7 CFR Part 953

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

7 CFR Part 955

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

7 CFR Part 956

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

7 CFR Part 958

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

7 CFR Part 981

    Marketing agreements, Nuts, Reporting and recordkeeping 
requirements.

7 CFR Part 984

    Marketing agreements, Nuts, Reporting and recordkeeping 
requirements.

7 CFR Part 987

    Dates, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 993

    Marketing agreements, Plums, Prunes, Reporting and recordkeeping 
requirements.


[[Page 14738]]


    For the reasons set forth in the preamble, AMS amends 7 CFR parts 
900, 915, 917, 923, 925, 932, 946, 948, 953, 955, 956, 958, 981, 984, 
987 and 993 as follows:

PART 900--GENERAL REGULATIONS

0
1. The authority citation for 7 CFR part 900 is revised to read as 
follows:

    Authority: 7 U.S.C. 601-674; 7 U.S.C. 7401; 5 U.S.C. 301, 552; 
and 44 U.S.C. Ch. 35.

[Subpart Redesignated as Subpart A]

0
2. Redesignate ``Subpart-Rules of Practice and Procedure Governing 
Proceedings to Formulate Marketing Agreements and Marketing Orders'' as 
``Subpart A-Procedural Requirements Governing Proceedings to Formulate 
Marketing Agreements and Marketing Orders''.

[Subpart Redesignated as Subpart B]

0
3. Redesignate ``Subpart--Supplemental Rules of Practice Governing 
Proceedings to Amend Federal Milk Marketing Agreements and Marketing 
Orders'' as ``Subpart B--Supplemental Procedural Requirements Governing 
Proceedings to Amend Federal Milk Marketing Agreements and Marketing 
Orders''.

[Subpart Redesignated as Subpart C]

0
4. Redesignate ``Subpart--Supplemental Rules of Practice Governing 
Proceedings to Amend Fruit, Vegetable and Nut Marketing Agreements and 
Marketing Orders'' as ``Subpart C--Supplemental Procedural Requirements 
Governing Proceedings to Amend Fruit, Vegetable and Nut Marketing 
Agreements and Marketing Orders''.

[Subpart Redesignated as Subpart D]

0
5. Redesignate ``Subpart--Rules of Practice Governing Proceedings on 
Petitions To Modify or To Be Exempted From Marketing Orders'' as 
``Subpart D--Procedural Requirements Governing Proceedings on Petitions 
To Modify or To Be Exempted From Marketing Orders''.

[Subpart Redesignated as Subpart E]

0
6. Redesignate ``Subpart--Supplemental Rules of Practice for Marketing 
Orders, Marketing Agreements, and Requirements Issued Pursuant to 7 
U.S.C. 608b(b) and 7 U.S.C. 608e Covering Fruits, Vegetables, and 
Nuts'' as ``Subpart E--Supplemental Procedural Requirements for 
Marketing Orders, Marketing Agreements, and Requirements Covering 
Fruits, Vegetables, and Nuts''.

[Subpart Redesignated as Subpart F]

0
7. Redesignate ``Subpart--Procedure Governing Meetings To Arbitrate and 
Mediate Disputes Relating to Sales of Milk or Its Products'' to 
``Subpart F--Procedure Governing Meetings To Arbitrate and Mediate 
Disputes Relating to Sales of Milk or Its Products''.

[Subpart Redesignated as Subpart G and Amended]

0
8. Redesignate ``Subpart--Miscellaneous Regulations'' as subpart G and 
revise the heading to read as follows:

Subpart G--Miscellaneous Requirements

[Subpart Redesignated as Subpart H]

0
9. Redesignate ``Subpart--Procedure for Conduct of Referenda To 
Determine Producer Approval of Milk Marketing Orders To Be Made 
Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as 
Amended'' as ``Subpart H--Procedure for Conduct of Referenda To 
Determine Producer Approval of Milk Marketing Orders To Be Made 
Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as 
Amended''.

[Subpart Redesignated as Subpart I]

0
10. Redesignate ``Subpart--Procedure for Determining the Qualification 
of Cooperative Milk Marketing Associations'' as ``Subpart I--Procedure 
for Determining the Qualification of Cooperative Milk Marketing 
Associations''.

[Subpart Redesignated as Subpart J]

0
11. Redesignate ``Subpart--Procedure for the Conduct of Referenda in 
Connection With Marketing Orders for Fruits, Vegetables, and Nuts 
Pursuant to the Agricultural Marketing Agreement Act of 1937, as 
Amended'' as ``Subpart J--Procedure for the Conduct of Referenda in 
Connection With Marketing Orders for Fruits, Vegetables, and Nuts 
Pursuant to the Agricultural Marketing Agreement Act of 1937, as 
Amended''.

[Subpart Redesignated as Subpart K]

0
12. Redesignate ``Subpart--Public Information'' as ``Subpart K--Public 
Information''.

[Subpart Redesignated as Subpart L]

0
13. Redesignate ``Subpart--Information Collection'' as ``Subpart L--
Information Collection''.

[Subpart Redesignated as Subpart M]

0
14. Redesignate ``Subpart--Assessment of Exemptions'' as ``Subpart M--
Assessment of Exemptions''.

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON

PART 925--GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN 
CALIFORNIA

PART 932--OLIVES GROWN IN CALIFORNIA

PART 946--IRISH POTATOES GROWN IN WASHINGTON

PART 948--IRISH POTATOES GROWN IN COLORADO

PART 953--IRISH POTATOES GROWN IN SOUTHEASTERN STATES

PART 955--VIDALIA ONIONS GROWN IN GEORGIA

PART 956--SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHWEST 
WASHINGTON AND NORTHEAST OREGON

PART 958--ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND 
MALHEUR COUNTY, OREGON

PART 981--ALMONDS GROWN IN CALIFORNIA

PART 984--WALNUTS GROWN IN CALIFORNIA

PART 987--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, 
CALIFORNIA

PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA

0
15. The authority citation for 7 CFR parts 915, 917, 923, 925, 932, 
946, 948, 953, 955, 956, 958, 981, 984, 987 and 993 continues to read 
as follows:

    Authority: 7 U.S.C. 601-674.

[[Page 14739]]

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

[Subpart Redesignated as Subpart A]

0
16. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
17. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C]

0
18. Redesignate ``Subpart--Assessment Rates'' as ``Subpart C--
Assessment Rates''.

[Subpart Redesignated as Subpart D and Amended]

0
19. Redesignate ``Subpart--Container and Pack Regulations'' as subpart 
D and revise the heading to read as follows:

Subpart D--Container and Pack Requirements

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

[Subpart Redesignated as Subpart A]

0
20. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
21. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C and Amended]

0
22. Redesignate ``Subpart--Grade and Size Regulation'' as subpart C and 
revise the heading to read as follows:

Subpart C--Grade and Size Requirements

PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON

[Subpart Redesignated as Subpart A]

0
23. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

PART 925--GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN 
CALIFORNIA


Sec. Sec.  925.1 through 925.69  [Designated as Subpart A]

0
24. Designate Sec. Sec.  925.1 through 925.69 as subpart A and add a 
heading for subpart A to read as follows:

Subpart A--Order Regulating Handling

[Subpart Redesignated as Subpart B and Amended]

0
25. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C]

0
26. Redesignate ``Subpart--Assessment Rates'' as ``Subpart C--
Assessment Rates''.

PART 932--OLIVES GROWN IN CALIFORNIA

[Subpart Redesignated as Subpart A]

0
27. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
28. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

PART 946--IRISH POTATOES GROWN IN WASHINGTON

[Subpart Redesignated as Subpart A]

0
29. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
30. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C and Amended]

0
31. Redesignate ``Subpart--Handling Regulations'' as subpart C and 
revise the heading to read as follows:

Subpart C--Handling Requirements

PART 948--IRISH POTATOES GROWN IN COLORADO

[Subpart Redesignated as Subpart A]

0
32. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
33. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C]

0
34. Redesignate ``Subpart--Accounting and Collections'' as ``Subpart 
C--Accounting and Collections''.

[Subpart Redesignated as Subpart D and Amended]

0
35. Redesignate ``Subpart--Handling Regulations'' as subpart D and 
revise the heading to read as follows:

Subpart D--Handling Requirements

PART 953--IRISH POTATOES GROWN IN SOUTHEASTERN STATES

[Subpart Redesignated as Subpart A]

0
36. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
37. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C]

0
38. Redesignate ``Subpart--Assessment Rates'' as ``Subpart C--
Assessment Rates''.

[Subpart Redesignated as Subpart D and Amended]

0
39. Redesignate ``Subpart--Handling Regulations'' as subpart D and 
revise the heading to read as follows:

[[Page 14740]]

Subpart D--Handling Requirements

PART 955--VIDALIA ONIONS GROWN IN GEORGIA


Sec. Sec.  955.1 through 955.92  [Designated as Subpart A]

0
40. Designate Sec. Sec.  955.1 through 955.92 as subpart A and add a 
heading for subpart A to read as follows:

Subpart A--Order Regulating Handling

[Subpart Redesignated as Subpart B and Amended]

0
41. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

PART 956--SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST 
WASHINGTON AND NORTHEAST OREGON


Sec. Sec.  956.1 through 956.96  [Designated as Subpart A]

0
42. Designate Sec. Sec.  956.1 through 956.96 as subpart A and add a 
heading for subpart A to read as follows:

Subpart A--Order Regulating Handling

[Subpart Redesignated as Subpart B and Amended]

0
43. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

PART 958--ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND 
MALHEUR COUNTY, OREGON

[Subpart Redesignated as Subpart A]

0
44. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
45. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C and Amended]

0
46. Redesignate ``Subpart--Handling Regulations'' as subpart C and 
revise the heading to read as follows:

Subpart C--Handling Requirements

PART 981--ALMONDS GROWN IN CALIFORNIA

[Subpart Redesignated as Subpart A]

0
47. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B]

0
48. Redesignate ``Subpart--Assessment Rates'' as ``Subpart B--
Assessment Rates''.

[Subpart Redesignated as Subpart C and Amended]

0
49. Redesignate ``Subpart--Administrative Rules and Regulations'' as 
subpart C and revise the heading to read as follows:

Subpart C--Administrative Requirements

PART 984--WALNUTS GROWN IN CALIFORNIA

[Subpart Redesignated as Subpart A]

0
50. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B]

0
51. Redesignate ``Subpart--Assessment Rates'' as ``Subpart B--
Assessment Rates''.

[Subpart Redesignated as Subpart C and Amended]

0
52. Redesignate ``Subpart--Administrative Rules and Regulations'' as 
subpart C and revise the heading to read as follows:

Subpart C--Administrative Requirements

PART 987--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, 
CALIFORNIA

[Subpart Redesignated as Subpart A]

0
53. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
54. Redesignate ``Subpart--Administrative Rules'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C]

0
55. Redesignate ``Subpart--Assessment Rates'' as ``Subpart C--
Assessment Rates''.

PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA

[Subpart Redesignated as Subpart A]

0
56. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
57. Redesignate ``Subpart--Administrative Rules and Regulations'' as 
subpart B and revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C]

0
58. Redesignate ``Subpart--Assessment Rates'' as ``Subpart C--
Assessment Rates''.

[Subpart Redesignated as Subpart D and Amended]

0
59. Redesignate ``Subpart--Undersized Prune Regulation'' as subpart D 
and revise the heading to read as follows:

Subpart D--Undersized Prune Requirements

[Subpart Redesignated as Subpart E]

0
60. Redesignate ``Subpart--Pack Specification as to Size'' as ``Subpart 
E--Pack Specification as to Size''.

[Subpart Redesignated as Subpart F and Amended]

0
61. Redesignate ``Subpart--Grade Regulations'' as subpart F and revise 
the heading to read as follows:

[[Page 14741]]

Subpart F--Grade Requirements

    Dated: March 30, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2018-06882 Filed 4-5-18; 8:45 am]
 BILLING CODE 3410-02-P