Nomenclature Changes; Technical Amendments, 82230-82237 [2023-25238]
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82230
Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations
(m) * * * Applications are to be
received and processed in the State
Office in the State where the business is
located. Funds will be maintained in a
National Office Reserve account. The
Agency will consider applications in the
order they are received by the Agency
on a first come, first served basis.
Priority scoring will not be needed
initially, however towards the end of
the funding period the Agency will need
to assign priority points for the limited
remaining funds and for this purpose
the Agency will score and compare an
application to other pending
applications that are competing for
funding in accordance with 7 CFR
4279.166.
*
*
*
*
*
(4) A lender or borrower may combine
applications for a B&I CARES Act
Program loan for working capital with
an application for B&I appropriated
fiscal year funds. State Offices are
allowed to use the same lender’s
analysis for each request. The existing
Conditional Commitment template can
be used for B&I CARES Act Program
loans and deletion of certain provisions
that do not impact the borrower or
credit quality can be removed. Business
Program Directors are encouraged to
contact the National Office Program
Processing Division with any questions
regarding borrower eligibility, use of
B&I loan proceeds, calculations of the
loan amount or borrower equity, and
any other questions related to a specific
project. The provisions of this section
do not apply to applications for B&I
appropriated fiscal year funds.
Karama Neal,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2023–25908 Filed 11–22–23; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Chapter IX
[Doc. No. AMS–SC–22–0051]
Nomenclature Changes; Technical
Amendments
Agricultural Marketing Service,
Department of Agriculture (USDA).
ACTION: Final rule; technical
amendments.
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AGENCY:
This rule revises the general
regulations for Federal marketing orders
covering fruits, vegetables, and specialty
crops by updating the section regarding
information collections. Further, this
SUMMARY:
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16:40 Nov 22, 2023
Jkt 262001
rule updates nomenclature in the
general regulations, numerous Federal
marketing orders, the import
regulations, the domestic hemp program
regulations, and the peanut handling
regulations administered by the
Agricultural Marketing Service (AMS).
Finally, this rule corrects typographical
errors found in the AMS marketing
order and import regulations and
removes regulations no longer in effect.
These changes are necessary to provide
more accurate information in the
regulations moving forward.
DATES: Effective November 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Matthew Pavone, Branch Chief,
Rulemaking Services Branch, or Andrew
Hatch, Deputy Director of Operations,
Market Development Division,
Agricultural Marketing Service, USDA;
phone: (202) 720–2491 or email:
Matthew.Pavone@usda.gov or
Andrew.Hatch@usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553, makes
updates and corrections to regulations
issued to carry out marketing orders as
defined in 7 CFR 900.2(j). This rule
revises the General Regulations (7 CFR
part 900) and the marketing orders in
numerous other parts of chapter IX that
regulate the handling of fruits,
vegetables, nuts, and specialty crops
(parts 905, 906, 915, 917, 920, 929, 930,
932, 945, 948, 955, 958, 959, 966, 981,
982, 983, 985, 987, 989, and 993) and
imported products (parts 944, 980, and
999). These parts are effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’ In
addition, this rule corrects
typographical errors in the domestic
hemp program regulations (part 990),
which are effective under the
Agricultural Marketing Act of 1946, as
amended. Finally, this rule makes
corrections to the peanut handling
regulations (part 996), which are
effective under Public Law 107–171, the
Farm Security and Rural Investment Act
of 2002, as amended (7 U.S.C. 7958).
This action falls within a category of
regulatory actions that the Office of
Management and Budget (OMB)
exempted from Executive Order 12866
review. Additionally, AMS is issuing
this final rule in conformance with
Executive Orders 12988, 13175, and
13563.
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA),
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
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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. In
addition, 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 and opportunity for public
comment is 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.
Overview of Changes
This final rule makes technical
amendments to regulations in 7 CFR
parts 900, 905, 906, 915, 917, 920, 929,
930, 932, 944, 945, 948, 955, 958, 959,
966, 980, 981, 982, 983, 985, 987, 989,
990, 993, 996, and 999. USDA has
determined that this action is only
administrative in nature. This action
updates the information collection
provisions in § 900.601 to remove
obsolete references and to align current
Office of Management and Budget
(OMB) control numbers and
descriptions with the appropriate
programs. This rule also revises
outdated nomenclature in the general
regulations pertaining to marketing
agreements and marketing orders in 7
CFR part 900; in Federal marketing
orders in 7 CFR parts 905, 915, 932, 945,
958, 966, 987, and 989; in the import
regulations contained in 7 CFR parts
944, 980, and 999; and in the peanut
handling regulations in 7 CFR part 996
to reflect current nomenclature. For
example, the name of the Marketing
Order and Agreement Division has been
changed to Market Development
Division, so references to the former
name have been changed to reflect the
current name. Additionally, this rule
removes obsolete language and some
regulatory sections (§§ 982.254 through
982.255; and §§ 985.234 through
985.236) that are no longer in effect.
Lastly, this action corrects typographical
errors throughout 7 CFR chapter IX. The
final rule does not add to or amend any
existing program requirements.
List of Subjects
7 CFR Part 900
Administrative practice and
procedure, Freedom of information,
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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations
Marketing agreements, Reporting and
recordkeeping requirements.
7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Pummelos, Reporting and
recordkeeping requirements, Tangelos,
Tangerines.
7 CFR Part 906
Grapefruit, Marketing agreements,
Oranges, 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 920
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
7 CFR Part 930
Cherries, Marketing agreements,
Reporting and recordkeeping
requirements.
7 CFR Part 932
Marketing agreements, Olives,
Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
Limes, Olives, Oranges, Plums, Prunes.
7 CFR Parts 945 and 948
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
7 CFR Part 955
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
ddrumheller on DSK120RN23PROD with RULES1
[Amended]
4. In § 900.64, in paragraph (c),
remove the text ‘‘conclusions,and’’ and
add in its place the text ‘‘conclusions,
and’’.
■
§ 900.101
[Amended]
5. In § 900.101, in paragraph (k),
remove the word ‘‘Departent’’ and add
in its place the word ‘‘Department’’.
■
§ 900.211
[Amended]
6. In § 900.211, remove the word
‘‘wilfully’’ and add in its place the word
‘‘willfully’’.
■
§ 900.305
7 CFR Part 989
Grapes, Marketing agreements,
Raisins, Reporting and recordkeeping
requirements.
§ 900.353
[Amended]
7. In § 900.305, in paragraph (b)(2),
remove the word ‘‘requries’’ and add in
its place the word ‘‘requires’’.
■
[Amended]
8. In § 900.353, remove the word
‘‘coopertive’’ and add in its place the
word ‘‘cooperative’’.
■
§ 900.503
[Amended]
9. In § 900.503, in paragraph (c)(3),
remove the word ‘‘discretinary’’ and add
in its place the word ‘‘discretionary’’.
■ 10. In § 900.601, revise paragraph (b)
to read as follows:
■
7 CFR Part 993
Marketing agreements, Plums, Prunes,
Reporting and recordkeeping
requirements.
§ 900.601 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
7 CFR Part 996
Food grades and standards, Marketing
agreements, Peanuts, Reporting and
recordkeeping requirements.
TABLE 1 TO PARAGRAPH (b)
7 CFR Part 999
Dates, Food grades and standards,
Imports, Nuts, Prunes, Raisins,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, AMS amends 7 CFR chapter
IX as follows:
1. The authority citation for part 900
continues 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.
§ 900.4
[Amended]
2. In § 900.4, in paragraph (b)(1)(iii),
remove the word ‘‘ntoice’’ and add in its
place the word ‘‘notice’’.
■
§ 900.14
7 CFR Part 966
Marketing agreements, Reporting and
recordkeeping requirements, Tomatoes.
§ 900.64
7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
■
7 CFR Part 959
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
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7 CFR Part 985
Marketing agreements, Oils and fats,
Reporting and recordkeeping
requirements.
PART 900—GENERAL REGULATIONS
7 CFR Part 958
Onions, Reporting and recordkeeping
requirements.
16:40 Nov 22, 2023
7 CFR Parts 981, 982, and 983
Marketing agreements, Nuts,
Reporting and recordkeeping
requirements.
7 CFR Part 990
Administrative practice and
procedure, Agricultural commodities,
Drugs, Indians, Intergovernmental
relations, Laboratories, License and
registration, Marijuana, Penalties,
Reporting and recordkeeping
requirements.
7 CFR Part 929
Acreage allotments, Cranberries,
Marketing agreements, Reporting and
recordkeeping requirements.
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7 CFR Part 980
Food grades and standards, Imports,
Marketing agreements, Onions, Potatoes,
Tomatoes.
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[Amended]
3. In § 900.14, in paragraph (e),
remove the word ‘‘therof’’ and add in its
place the word ‘‘thereof’’.
■
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*
*
*
(b) Display.
*
*
7 CFR part, where identified
and described
905, Florida Citrus ....................
906, Texas Citrus .....................
915, Florida Avocados ..............
920, California Kiwifruit .............
922, Washington Apricots ........
923, Washington Sweet Cherries ........................................
925, California Desert Grapes ..
927, Oregon & Washington
Pears .....................................
929, Cranberries .......................
930, Tart Cherries ....................
932, California Olives ...............
945, Idaho-Eastern Oregon Potatoes ....................................
948, Colorado Potatoes ............
955, Vidalia Onions ..................
956, Walla Walla Onions ..........
958, Idaho-Eastern Oregon Onions ........................................
959, South Texas Onions .........
966, Florida Tomatoes .............
981, California Almonds ...........
981, California Almond Salmonella ..................................
982, Oregon & Washington Hazelnuts ...................................
983, Pistachios .........................
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Current
OMB control
No.
0581–0189
0581–0189
0581–0189
0581–0189
0581–0189
0581–0189
0581–0189
0581–0189
0581–0189
0581–0177
0581–0178
0581–0178
0581–0178
0581–0178
0581–0178
0581–0178
0581–0178
0581–0178
0581–0178
0581–0242
0581–0178
0581–0215
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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations
TABLE 1 TO PARAGRAPH (b)—
Continued
7 CFR part, where identified
and described
984,
985,
986,
987,
989,
990,
993,
California Walnuts ............
Far West Spearmint Oil ....
Pecans ..............................
California Dates ................
California Raisins .............
Domestic Hemp ................
California Dried Prunes ....
§ 900.700
PART 906—ORANGES AND
GRAPEFRUIT GROWN IN LOWER RIO
GRANDE VALLEY IN TEXAS
Current
OMB control
No.
0581–0178
0581–0178
0581–0291
0581–0178
0581–0178
0581–0318
0581–0178
Authority: 7 U.S.C. 601–674.
§ 906.34
11. In § 900.700, in paragraph (c)(1)
introductory text, remove the text ‘‘FV–
649’’ and add in its place the text ‘‘SC–
649’’.
§ 906.40
PART 915—AVOCADOS GROWN IN
SOUTH FLORIDA
■
12. The authority citation for part 905
continues to read as follows:
§ 915.120
20. The authority citation for part 915
continues to read as follows:
Authority: 7 U.S.C. 601—674.
■
Authority: 7 U.S.C. 601–674.
[Amended]
13. In § 905.41, in paragraph (c),
remove the words ‘‘short term’’ and add
in their place the word ‘‘short-term’’.
■
§ 905.82
[Amended]
14. In § 905.82, remove the text
‘‘e.s.t.’’ and add in its place the text
‘‘Eastern Standard Time’’.
■
§ 905.153 Procedure for determining
handlers’ permitted quantities of red
seedless grapefruit when a portion of sizes
48 and 56 of such variety is restricted.
*
*
*
*
*
(f) * * * Each new handler shall
provide on a form furnished by the
Committee the Florida citrus fruit
dealer’s license number, their Florida
Department of Agriculture and
Consumer Services, Division of Fruit
and Vegetables, packinghouse
registration number, and the physical
location of the packinghouse where the
red seedless grapefruit is to be prepared
for market. * * *
[Amended]
16. In § 905.161, in paragraph (c)
introductory text, remove the words
‘‘not withstanding’’ and add in their
place the word ‘‘notwithstanding’’.
■
VerDate Sep<11>2014
16:40 Nov 22, 2023
PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
27. The authority citation for part 920
continues to read as follows:
■
Authority: 7 U.S.C. 601—674.
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§ 920.66
PART 930—TART CHERRIES GROWN
IN THE STATES OF MICHIGAN, NEW
YORK, PENNSYLVANIA, OREGON,
UTAH, WASHINGTON, AND
WISCONSIN
[Amended]
29. The authority citation for part 930
continues to read as follows:
■
§ 915.305
■
[Amended]
22. In § 915.305, in paragraph (c),
remove the text ‘‘20 bushel’’ and add in
its place the text ‘‘20-bushel’’.
■ 23. In § 915.306, in paragraph (a)(5),
revise the third sentence to read as
follows:
■
(a) * * *
(5) * * * Only stamps and tape
which have been approved by the
Specialty Crops Inspection Division,
Specialty Crops Program, Agricultural
Marketing Service, U.S. Department of
Agriculture, may be used for purposes
of stamping and sealing containers to
meet these requirements.
*
*
*
*
*
PART 917—FRESH PEARS AND
PEACHES GROWN IN CALIFORNIA
24. The authority citation for part 917
continues to read as follows:
■
Authority: 7 U.S.C. 601—674.
§ 917.18
25. In § 917.18:
a. Lift the suspension of October 27,
2011;
■ b. In paragraph (a), remove the text
‘‘fruit.The’’ and ‘‘aforesaid.In’’ and add
in their places the text ‘‘fruit. The’’ and
‘‘aforesaid. In’’, respectively; and
■ c. Stay the section indefinitely.
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Authority: 7 U.S.C. 601—674.
§ 930.100
Sfmt 4700
[Amended]
30. In § 930.100, in paragraph (c)(1),
remove the text ‘‘200 acre’’ and add in
its place the text ‘‘200-acre’’.
§ 930.162
[Amended]
31. In § 930.162, in paragraphs (c)(1),
(2), and (4), remove the text ‘‘short and
long term’’ wherever it appears and add
in its place the text ‘‘short- and longterm’’.
■
PART 932—OLIVES GROWN IN
CALIFORNIA
32. The authority citation for part 932
continues to read as follows:
■
Authority: 7 U.S.C. 601—674.
§ 932.35
[Amended]
33. In § 932.35, in paragraph (e),
remove the word ‘‘chairman’’ and add
in its place the word ‘‘chairperson’’.
■
§ 932.36
[Amended]
34. In § 932.36, remove the word
‘‘chairman’’ and add in its place the
word ‘‘chairperson’’.
■
§ 932.37
[Amended]
■
■
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[Amended]
28. In § 920.66, remove the word
‘‘priviliges’’ and add in its place the
word ‘‘privileges’’.
■
21. In § 915.120, in paragraphs (b) and
(e), remove the word ‘‘avacados’’
wherever it occurs and add in its place
the word ‘‘avocados’’.
■
§ 915.306 Florida avocado grade, pack,
and container marking regulation.
15. In § 905.153, in paragraph (f),
revise the second sentence to read as
follows:
■
§ 905.161
[Amended]
19. In § 906.40, in the introductory
text, remove the word ‘‘rgulation’’ and
adding in its place the word
‘‘regulation’’.
PART 905—ORANGES, GRAPEFRIT,
TANGERINES, AND PUMMELOS
GROWN IN FLORIDA
§ 905.41
[Amended]
18. In § 906.34, in paragraph (d),
remove the word ‘‘functining’’ and add
in its place the word ‘‘functioning’’.
■
[Amended]
26. In § 917.61:
a. Lift the suspension of October 27,
2011;
■ b. In paragraph (c), remove the word
‘‘therof’’ and add in its place the word
‘‘thereof’’; and
■ c. Stay the section indefinitely.
■
■
■
[Amended]
■
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17. The authority citation for part 906
continues to read as follows:
■
§ 917.61
[Amended]
35. In § 932.37, remove the word
‘‘chairman’’ and add in its place the
word ‘‘chairperson’’.
■
§ 932.39
[Amended]
36. In § 932.39, in paragraph (c),
remove the word ‘‘presecribed’’ and add
in its place the word ‘‘prescribed’’.
■
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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations
§ 932.52
[Amended]
§ 944.312
37. In § 932.52, in paragraph (b)(2),
remove the words ‘‘Processed Products
Branch’’ and add in their place the
words ‘‘Specialty Crops Inspection
Division’’.
■
§ 932.53
[Amended]
38. In § 932.53, in paragraph (a),
remove the words ‘‘Processed Products
Branch’’ and add in their place the
words ‘‘Specialty Crops Inspection
Division’’.
■
§ 932.139
[Amended]
39. In § 932.139, in paragraph (b),
remove the text ‘‘30 day payment’’ and
add in its place the text ‘‘30-day
payment’’.
■
§ 932.152
[Amended]
40. In § 932.152:
a. In paragraph (b), remove the words
‘‘Processed Products Branch (PPB)’’ and
add in their place the words ‘‘Specialty
Crops Inspection Division (SCI)’’.; and
■ b. In paragraph (c)(1) introductory
text, remove the words ‘‘work day’’ and
add in their place the word ‘‘workday’’.
■
■
§ 932.154
[Amended]
41. In § 932.154:
a. In paragraph (a), remove the word
‘‘transfering’’ and add in its place the
word ‘‘transferring’’; and
■ b. In paragraph (c), remove the words
‘‘Processed Products Branch’’ and add
in their place the words ‘‘Specialty
Crops Inspection Division’’.
■
■
PART 944—FRUITS; IMPORT
REGULATIONS
42. The authority citation for part 944
continues to read as follows:
■
Authority: 7 U.S.C. 601—674.
§ 944.28
[Amended]
43. In 944.28:
a. In paragraph (b), remove the text
‘‘Fruit and Vegetable Division’’ and add
in its place the text ‘‘Specialty Crop
Inspection Division’’; and
■ b. In paragraph (c), remove the text
‘‘United States Customs Service’’ and
add in its place ‘‘U.S. Customs and
Border Protection’’.
■
■
ddrumheller on DSK120RN23PROD with RULES1
§ 944.31
[Amended]
44. In § 944.31:
a. In paragraph (c), remove the text
‘‘United States Customs Service’’ and
add in its place ‘‘U.S. Customs and
Border Protection’’; and
■ b. In paragraph (e), remove the text
‘‘Fruit and Vegetable Division’’ and add
in its place the text ‘‘Specialty Crop
Inspection Division’’.
■
■
VerDate Sep<11>2014
16:40 Nov 22, 2023
Jkt 262001
[Amended]
45. In § 944.312:
a. In paragraph (a), remove the word
‘‘parageaph’’ and add in its place the
word ‘‘paragraph’’;
■ b. In paragraph (c), remove the text
‘‘United States Customs Service’’ and
add in its place ‘‘U.S. Customs and
Border Protection’’; and
■ c. In paragraph (f), remove the text
‘‘Fruit and Vegetable Division’’ and add
in its place the text ‘‘Specialty Crop
Inspection Division’’.
■ 46. Revise § 944.350 to read as
follows:
■
■
§ 944.350 Safeguard procedures for
avocados, grapefruit, kiwifruit, olives,
oranges, prune variety plums (fresh
prunes), and table grapes, exempt from
grade, size, quality, and maturity
requirements.
(a) Exempt use. Each person who
imports or receives any of the
commodities listed in paragraphs (a)(1)
through (5) of this section shall file
(electronically or paper) an ‘‘Importer’s
Exempt Commodity Form’’ (SC–6) with
the Market Development Division,
Specialty Crops Program, AMS, USDA.
A ‘‘person who imports’’ may include a
customs broker, acting as an importer’s
representative (hereinafter referred to as
‘‘importer’’). A copy of the completed
form (electronic or paper) shall be
provided to the U.S. Customs and
Border Protection. If a paper form is
used, a copy of the form shall
accompany the lot to the exempt outlet
specified on the form. Any lot of any
commodity offered for inspection and,
all or a portion thereof, subsequently
imported as exempt under this
provision shall also be reported on an
SC–6 form. Such form (electronic or
paper) shall be provided to the Market
Development Division in accordance
with paragraph (d) of this section. The
applicable commodities are:
(1) Avocados, grapefruit, kiwifruit,
olives, oranges, prune variety plums
(fresh prunes) and table grapes for
consumption by charitable institutions
or distribution by relief agencies;
(2) Avocados, grapefruit, kiwifruit,
oranges, prune variety plums (fresh
prunes), and table grapes for processing;
(3) Olives for processing into oil;
(4) Grapefruit for animal feed; or
(5) Avocados for seed.
(b) Certification of exempt use. (1)
Each importer of an exempt commodity
as specified in paragraph (a) of this
section shall certify on the SC–6 form
(electronic or paper) as to the intended
exempt outlet (e.g., processing, charity,
livestock feed). If certification is made
using a paper SC–6 form, the importer
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82233
shall provide a handwritten signature
on the form.
(2) Each receiver of an exempt
commodity as specified in paragraph (a)
of this section shall also receive a copy
of the associated SC–6 form (electronic
or paper) filed by the importer. Within
two days of receipt of the exempt lot,
the receiver shall certify on the form
(electronic or paper) that such lot has
been received and will be utilized in the
exempt outlet as certified by the
importer. If certification is made using
a paper SC–6 form, the receiver shall
provide a handwritten signature on the
form.
(c) Disposition. It is the responsibility
of the importer to notify the Market
Development Division of any lot of
exempt commodity rejected by a
receiver, shipped to an alternative
exempt receiver, exported, or otherwise
destroyed. In such cases, a second SC–
6 form must be filed by the importer,
providing sufficient information to
determine ultimate disposition of the
exempt lot, and such disposition shall
be so certified by the final receiver.
(d) Filing. All SC–6 forms and other
correspondence regarding entry of
exempt commodities must be submitted
electronically, by mail, or by fax to the
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 20250–0237; telephone
(202) 720–2491; email ComplianceInfo@
usda.gov; or fax (202) 720–5698.
§ 944.401
[Amended]
47. In § 944.401:
a. In paragraph (a)(6), remove the text
‘‘the U.S. Bureau of Customs’’ and add
in its place ‘‘U.S. Customs and Border
Protection’’.
■ b. In paragraph (b)(12) introductory
text, remove the word ‘‘limited-use’’ and
add in its place the words ‘‘limited
use’’.
■
■
§ 944.503
[Amended]
48. In § 944.503, in paragraph (c),
remove the text ‘‘United States Customs
Service’’ and add in its place ‘‘U.S.
Customs and Border Protection’’.
■
§ 944.550
[Amended]
49. In § 944.550:
a. In paragraph (b), remove the text
‘‘Fruit and Vegetable Division’’ and add
in its place the text ‘‘Specialty Crop
Inspection Division’’; and
■ b. In paragraph (c), remove the text
‘‘United States Customs Service’’ and
add in its place ‘‘U.S. Customs and
Border Protection’’.
■
■
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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations
PART 945—IRISH POTATOES GROWN
IN CERTAIN DESIGNATED COUNTIES
IN IDAHO, AND MALHEUR COUNTY,
OREGON
§ 955.42
50. The authority citation for part 945
continues to read as follows:
PART 958—ONIONS GROWN IN
CERTAIN DESIGNATED COUNTIES IN
IDAHO, AND MALHEUR COUNTRY,
OREGON
■
Authority: 7 U.S.C. 601–674.
§ 945.42
[Amended]
60. In § 955.42, in paragraph (e),
remove the word ‘‘seasons’s’’ and add in
its place the word ‘‘season’s’’.
■
[Amended]
51. In § 945.42, in paragraph (e),
remove the words ‘‘short term’’ and add
in their place the word ‘‘short-term’’.
■
52. In § 945.341:
■ a. In paragraph (b)(3)(i), remove the
word ‘‘complaince’’ and add in its place
the word ‘‘compliance’’; and
■ b. In paragraph (d)(2), remove the text
‘‘Fresh Products Branch, Fruit and
Vegetable Division’’ and adding in its
place ‘‘Specialty Crops Inspection
Division, Specialty Crops Program’’.
■
PART 948—IRISH POTATOES GROWN
IN COLORADO
61. The authority citation for part 958
continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
§ 958.27
[Amended]
62. In § 958.27, in the ‘‘District No. 6’’
paragraph in paragraph (a), remove the
word ‘‘Meredian’’ and add in its place
the word ‘‘Meridian’’.
■
§ 958.86
[Amended]
63. In § 958.86, remove the word
‘‘wilful’’ and add in its place the word
‘‘willful’’.
■
§ 958.91
Authority: 7 U.S.C. 601–674.
§ 948.51
[Amended]
54. In § 948.51, in the third sentence,
remove the word ‘‘Committeemen’’ and
add in its place the word
‘‘Committeepersons’’.
■
§ 948.63
[Amended]
64. In § 958.91, in the first paragraph
of the agreement, remove the text ‘‘Fruit
and Vegetable Division’’ and add in its
place the text ‘‘Market Development
Division, Specialty Crops Program’’.
PART 959—ONIONS GROWN IN
SOUTH TEXAS
65. The authority citation for part 959
continues to read as follows:
■
[Amended]
Authority: 7 U.S.C. 601–674.
55. In § 948.63, in paragraph (a)(1),
remove the words ‘‘chairman’’ and
‘‘officers’ ’’ and add in their places the
words ‘‘chairperson’’ and ‘‘officers’’,
respectively.
■
§ 948.142
66. In § 959.4, remove the word ‘‘De
Witt’’ and add in its place the word
‘‘DeWitt’’.
■
[Amended]
67. In § 959.24, in paragraph (b),
remove the words ‘‘Jim Hogg De Witt’’
and add in its place ‘‘Jim Hogg, DeWitt’’.
■
56. In § 948.142, remove the words
‘‘one ach’’ and add in their place the
words ‘‘on each’’.
PART 966—TOMATOES GROWN IN
FLORIDA
[Amended]
57. In § 948.386, in the third sentence
in paragraph (g), remove the word
‘‘extend’’ and add in its place the word
‘‘extent’’.
■
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PART 955—VIDALIA ONIONS GROWN
IN GEORGIA
58. The authority citation for 7 CFR
part 955 continues to read as follows:
Authority: 7 U.S.C. 601–674.
[Amended]
59. In § 955.4, in the last sentence,
remove the word ‘‘Truetlen’’ and add in
its place the word ‘‘Treutlen’’.
■
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Authority: 7 U.S.C. 601–674.
[Amended]
69. In § 966.323:
a. In paragraph (d)(1), remove the
word ‘‘cerasiform’’ and add in its place
the word ‘‘cerasiforme’’; and
■ b. In paragraph (d)(5), remove the text
‘‘Fresh Products Branch, Fruit and
Vegetable Programs’’ and add in its
place the text ‘‘Specialty Crops
Inspection Division, Specialty Crops
Program’’.
■
■
■
§ 955.4
68. The authority citation for part 966
continues to read as follows:
■
§ 966.323
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Authority: 7 U.S.C. 601–674.
§ 980.1
[Amended]
71. In § 980.1:
a. In paragraph (b)(1), remove the text
‘‘Area II’’ and add in its place the text
‘‘Area 2’’;
■ b. In paragraph (g)(1)(ii), remove the
text ‘‘Marketing Order and Agreement
Division’’ and add in its place the text
‘‘Market Development Division’’, and
remove the text ‘‘8eImports@
ams.usda.gov’’ and add in its place
‘‘ComplianceInfo@usda.gov;’’ and
■ c. In paragraph (i)(2), remove the text
‘‘the U.S. Customs Service’’ and add in
its place ‘‘U.S. Customs and Border
Protection’’.
■
■
§ 980.117
[Amended]
72. In § 980.117:
a. In paragraph (d), remove the word
‘‘supercede’’ and add in its place the
word ‘‘supersede’’; and
■ b. In paragraph (f)(3), remove the text
‘‘Marketing Order and Agreement
Division’’ and add in its place the text
‘‘Market Development Division’’, and
remove the text ‘‘8eImports@
ams.usda.gov’’ and add in its place
‘‘ComplianceInfo@usda.gov’’.
Sfmt 4700
§ 980.212
[Amended]
73. In § 980.212:
a. In paragraph (b)(1), remove the text
‘‘Fresh Products Branch, Fruit and
Vegetable Programs’’ and add in its
place the text ‘‘Specialty Crop
Inspection Division, Specialty Crops
Program’’;
■ b. In paragraph (f)(3), remove the text
‘‘Marketing Order and Agreement
Division’’ and add it its place the text
‘‘Market Development Division’’, and
remove the text ‘‘8eImports@
ams.usda.gov’’ and add in its place
‘‘ComplianceInfo@usda.gov’’; and
■ c. In paragraph (h), remove the text
‘‘the United States Bureau of Customs’’
and add in its place ‘‘U.S. Customs and
Border Protection’’, and remove the
word ‘‘cerasiform’’ and add in its place
the word ‘‘cerasiforme’’.
■ 74. Revise § 980.501 to read as
follows:
■
■
[Amended]
§ 959.24
[Amended]
■
§ 948.386
§ 959.4
70. The authority citation for part 980
continues to read as follows:
■
■
■
■
53. The authority citation for part 948
continues to read as follows:
■
PART 980—VEGETABLES; IMPORT
REGULATIONS
§ 980.501 Safeguard procedures for
potatoes, onions, and tomatoes exempt
from grade, size, quality, and maturity
requirements.
(a) Exempt use. Each person who
imports or receives any of the
commodities listed in paragraphs (a)(1)
through (5) of this section shall file
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(electronically or paper) an ‘‘Importer’s
Exempt Commodity Form’’ (SC–6) with
the Market Development Division,
Specialty Crops Program, AMS, USDA.
A ‘‘person who imports’’ may include a
customs broker, acting as an importer’s
representative (hereinafter referred to as
‘‘importer’’). A copy of the completed
form (electronic or paper) shall be
provided to the U.S. Customs and
Border Protection. If a paper form is
used, a copy of the form shall
accompany the lot to the exempt outlet
specified on the form. Any lot of any
commodity offered for inspection and,
all or a portion thereof, subsequently
imported as exempt under this
provision shall also be reported on an
SC–6 form. Such form (electronic or
paper) shall be provided to the Market
Development Division in accordance
with paragraph (d) of this section. The
applicable commodities are:
(1) Potatoes, onions or tomatoes for
consumption by charitable institutions
or distribution by relief agencies;
(2) Potatoes, onions, or tomatoes for
processing;
(3) Potatoes or onions for livestock
feed; or
(4) Pearl onions; or
(5) Tomatoes to be used in
noncommercial outlets for experimental
(b) Certification of exempt use. (1)
Each importer of an exempt commodity
as specified in paragraph (a) of this
section shall certify on the SC–6 form
(electronic or paper) as to the intended
exempt outlet (e.g., processing, charity,
livestock feed). If certification is made
using a paper SC–6 form, the importer
shall provide a handwritten signature
on the form.
(2) Each receiver of an exempt
commodity as specified in paragraph (a)
of this section shall also receive a copy
of the associated SC–6 form (electronic
or paper) filed by the importer. Within
two days of receipt of the exempt lot,
the receiver shall certify on the form
(electronic or paper) to the Market
Development Division that such lot has
been received and will be utilized in the
exempt outlet as certified by the
importer. If certification is made using
a paper SC–6 form, the receiver shall
provide a handwritten signature on the
form.
(c) Disposition. It is the responsibility
of the importer to notify the Market
Development Division of any lot of
exempt commodity rejected by a
receiver, shipped to an alternative
exempt receiver, returned to the country
of origin, or otherwise disposed of. In
such cases, a second SC–6 form must be
filed by the importer, providing
sufficient information to determine
ultimate disposition of the exempt lot,
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and such disposition shall be so
certified by the final receiver.
(d) Filing. All SC–6 forms and other
correspondence regarding entry of
exempt commodities must be submitted
electronically, by mail, or by fax to the
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 20250–0237; telephone
(202) 720–2491; email ComplianceInfo@
usda.gov; or fax (202) 720–5698.
PART 981—ALMONDS GROWN IN
CALIFORNIA
75. The authority citation for part 981
continues to read as follows:
■
82235
Authority: 7 U.S.C. 601–674.
85. Revise the undesignated center
heading following § 982.20 to read as
follows:
■
Hazelnut Marketing Board
§ 982.33
[Amended]
86. In § 982.33, in paragraph (b),
remove the text ‘‘beginning with the
1996–97 marketing year,’’.
■
§ 982.53
[Amended]
87. In § 982.53, remove the word
‘‘insure’’ and add in its place the word
‘‘ensure’’.
■
Subpart C [Removed and Reserved]
Authority: 7 U.S.C. 601–674.
§ 981.19
88. Remove and reserve subpart C,
consisting of §§ 982.254 and 982.255.
■
[Amended]
76. In § 981.19, remove the text
‘‘twelve month’’ and add in its place the
word ‘‘twelve-month’’.
■
§ 981.21
[Amended]
PART 983—PISTACHIOS GROWN IN
CALIFORNIA, ARIZONA, AND NEW
MEXICO
89. The authority citation for part 983
continues to read as follows:
77. In § 981.21, remove the word
‘‘kernelweight’’ and add in its place the
words ‘‘kernel weight’’.
■
§ 981.33
§ 983.92
■
[Amended]
78. In § 981.33, in paragraph (c),
remove the text ‘‘three year’’ and add in
its place the word ‘‘three-year’’.
■
§ 981.61
[Amended]
79. In § 981.61, in paragraph (a),
remove the work ‘kernelweight’’ and
add in its place the words ‘‘kernel
weight’’.
■
§ 981.70
Authority: 7 U.S.C. 601–674.
90. In § 983.92, remove the text ‘‘5,000
pound quantity’’ and add in its place
the text ‘‘5,000-pound quantity’’.
■
PART 985—MARKETING ORDER
REGULATING THE HANDLING OF
SPEARMINT OIL PRODUCED IN THE
FAR WEST
91. The authority citation for part 985
continues to read as follows:
■
[Amended]
80. In § 981.70, in the last sentence,
remove the word ‘‘insure’’ and add in its
place the word ‘‘ensure’’.
§ 985.154
§ 981.442
■
■
[Amended]
81. In § 981.442, in paragraph (a)(5),
remove the text ‘‘50 percent
requirement’’ and add in its place ‘‘50percent requirement’’.
■
§ 981.467
[Amended]
82. In § 981.467:
a. In the first sentence in paragraph(b),
remove the word ‘‘quanity’’ and add in
its place the word ‘‘quantity’’; and
■ b. Remove paragraphs (c) and (d).
■
■
§ 981.481
[Amended]
83. In § 981.481, in the last sentence
in paragraph (a), remove the text ‘‘a
half’’ and add in its place the text ‘‘onehalf’’.
■
PART 982—HAZELNUTS GROWN IN
OREGON AND WASHINGTON
84. The authority citation for part 982
continues to read as follows:
■
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[Amended]
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Authority: 7 U.S.C. 601–674.
[Amended]
92. In § 985.154, in paragraph (b),
remove the word ‘‘insure’’ and add in its
place the word ‘‘ensure’’.
PART 987—DOMESTIC DATES
PRODUCED OR PACKED IN
RIVERSIDE COUNTY, CALIFORNIA
93. The authority citation for part 987
continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
§ 987.12
[Amended]
94. In § 987.12, in paragraph (c),
remove the word ‘‘exeption’’ and add in
its place the word ‘‘exception’’.
■
§ 987.41
[Amended]
95. In § 987.41, in paragraph (c),
remove the text ‘‘Processed Products
Standardization and Inspection Branch’’
and add in its place the text ‘‘Specialty
Crop Inspection Division’’.
■
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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations
§ 987.112
§ 990.1
[Amended]
96. In § 987.112:
■ a. In paragraph (a), remove the word
‘‘shiped’’ and add in its place the word
‘‘shipped’’; and
■ b. In paragraph (d), remove the word
‘‘fieldrun’’ and add in its place the word
‘‘field-run’’.
■
§ 987.112a
[Amended]
97. In § 987.112a:
a. In paragraph (b)(2), remove the text
‘‘semi-dry of dry’’ and add in its place
the text ‘‘semi-dry or dry’’ and remove
the text ‘‘, except beginning February
21, 1997, and ending October 31, 1997,
the 10 percent tolerance shall be
increased to 15 percent’’;
■ b. In paragraph (c)(2), remove the text
‘‘, except beginning February 21, 1997,
and ending October 31, 1997, the 10
percent tolerance shall be increased to
15 percent’’; and
■ c. In the last sentence in paragraph
(d)(3), remove the word ‘‘excercise’’ and
add in its place the word ‘‘exercise’’.
■
■
§ 987.145
[Amended]
98. In § 987.145, in the first sentence
in paragraph (b)(2), remove the word
‘‘credited’’ and add in its place the word
‘‘Credited’’ and remove the word
‘‘exceds’’ and add in its place the word
‘‘exceeds’’.
■
§ 987.172
[Amended]
[Amended]
101. In § 989.58, in paragraph (e)(5),
remove the word ‘‘insure’’ and add in its
place the word ‘‘ensure’’.
■
[Amended]
102. In § 989.159, in paragraph (c)(2),
remove the text ‘‘FV 146’’ wherever it
appears and add in its place the text
‘‘SC–146’’.
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103. The authority citation for part
990 continues to read as follows:
Authority: 7 U.S.C. 1639o note, 1639p,
1639q, 1639r.
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PART 993—DRIED PRUNES
PRODUCED IN CALIFORNIA
106. The authority citation for part
993 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
§ 993.49
[Amended]
107. In § 993.49:
a. Lift the suspension of May 27, 2005;
b. In paragraph (b), remove the word
‘‘resepct’’ and add in its place the word
‘‘respect’’; and
■ c. Stay the section indefinitely.
■
■
■
§ 993.50
[Amended]
108. In § 993.50:
a. Lift the suspension of May 27, 2005;
b. In the fifth sentence in paragraph
(g), remove the word ‘‘insure’’ and add
in its place the word ‘‘ensure’’; and
■ c. Stay the section indefinitely.
■
■
■
§ 993.56
[Amended]
[Amended]
110. In § 993.149:
a. Lift the suspension of May 27, 2005;
b. In paragraph (c)(2)(vii), remove the
word ‘‘offgrade’’ and add in its place the
word ‘‘off-grade’’; and
■ c. Stay the section indefinitely.
Authority: 7 U.S.C. 601–674.
■
105. In § 990.3, in paragraph
(a)(2)(iii)(B) introductory text, removed
the word ‘‘cannabisplant’’ and add in its
place the words ‘‘cannabis plant’’.
PART 996—MINIMUM QUALITY AND
HANDLING STANDARDS FOR
DOMESTIC AND IMPORTED PEANUTS
MARKETED IN THE UNITED STATES
113. The authority citation for part
996 continues to read as follows:
■
Authority: 7 U.S.C. 7958.
■
■
■
■
100. The authority citation for part
989 continues to read as follows:
PART 990—DOMESTIC HEMP
PRODUCTION PROGRAM
[Amended]
§ 993.149
■
■
§ 990.3
109. In § 993.56:
a. Lift the suspension of May 27, 2005;
b. In the second and third sentences,
remove the word ‘‘setaside’’ and add in
its place the word ‘‘set-aside’’; and
■ c. Stay the section indefinitely.
PART 989—RAISINS PRODUCED
FROM GRAPES GROWN IN
CALIFORNIA
§ 989.159
104. In § 990.1, in the definition of
‘‘USDA licensee’’, remove the word
‘‘planto’’ and add in its place the words
‘‘plan to’’.
■
■
■
■
99. In § 987.172, in paragraph (b),
remove the text ‘‘one half’’ and add in
its place the text ‘‘one-half’’.
■
§ 989.58
[Amended]
§ 993.162
[Amended]
111. In § 993.162:
a. Lift the suspension of May 27, 2005;
b. In paragraph (b)(3), remove the
word ‘‘he’’ and add in its place the word
‘‘the’’; and
■ c. Stay the section indefinitely.
■
■
■
§ 993.515
[Amended]
112. In § 993.515:
a. Lift the suspension of May 27, 2005;
b. In paragraph (b) introductory text,
remove the word ‘‘nonmenclature’’ and
add in its place the word
‘‘nomenclature’’; and
■ c. Stay the section indefinitely.
■
■
■
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§ 996.71
[Amended]
114. In § 996.71, in paragraph (b),
remove the text ‘‘Southeast Marketing
Field Office, Marketing Order and
Agreement Division’’ and add in its
place the text ‘‘Southeast Region
Branch, Market Development Division’’.
■
PART 999—SPECIALTY CROPS;
IMPORT REGULATIONS
115. The authority citation for part
999 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
§ 999.1
[Amended]
116. In § 999.1, in paragraph (a)(7),
remove the text ‘‘Fruit and Vegetable
Program’’ and add in its place
‘‘Specialty Crops Program’’.
■
§ 999.100
[Amended]
117. In § 999.100:
a. In paragraph (a)(5), remove the text
‘‘Fresh Products Standardization and
Inspection Branch of the Fruit and
Vegetable Division, Consumer and
Marketing Service’’ and add in its place
‘‘Specialty Crops Inspection Division,
Specialty Crops Program, Agricultural
Marketing Service’’;
■ b. In paragraph (a)(6), remove the text
‘‘United States Customs Service’’ and
add in its place ‘‘U.S. Customs and
Border Protection’’; and
■ c. In paragraph (b)(2), remove the text
‘‘effective January 25, 1959’’.
■ 118. In § 999.200:
■ a. Lift the suspension of January 16,
2009;
■ b. Revise paragraphs (a)(10) through
(12);
■ c. In paragraph (b)(5), remove the text
‘‘Form FV–6’’ and add in its place the
text ‘‘Form SC–6’’;
■ d. Revise paragraph (e)(1);
■ e. In paragraph (e)(2), remove the text
‘‘Form FV–6’’ and add in its place the
text ‘‘Form SC–6’’; and
■ f. Stay the section indefinitely.
The revisions read as follows.
■
■
§ 999.200 Regulation governing the
importation of prunes.
(a) * * *
(10) Specialty Crops Program means
the Specialty Crops Program of the
Agricultural Marketing Service, U.S.
Department of Agriculture, Washington,
DC 20250.
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(11) USDA inspector means an
inspector of the Specialty Crops
Inspection Division, Specialty Crops
Program, or any other duly authorized
employee of the USDA.
(12) Importation means release from
custody of U.S. Customs and Border
Protection.
*
*
*
*
*
(e) * * *
(1) General. Prior to importation of
any prunes, the person importing such
prunes shall file an inspection
certificate with the Collector of Customs
at the port at which the customs entry
is filed. In addition, if such prunes are
manufacturing grade substandard
prunes, such person shall also file with
the Collector of Customs an executed
Form SC–6—‘Importer’s Exempt
Commodity Form.’ Promptly after such
filing, such person shall transmit a copy
of this form to the Specialty Crops
Program. No person may import, sell, or
use any manufacturing grade
substandard prunes other than for use as
set forth in paragraph (b)(5) of this
section. Each person importing
manufacturing grade substandard
prunes shall obtain from each
purchaser, no later than the time of
delivery to such purchaser, and file with
the Specialty Crops Program not later
than the 5th day of the month following
the month in which the prunes were
delivered, an executed Form SC–6—
‘Importer’s Exempt Commodity Form.’
One copy of this executed form shall be
retained by the importer and one copy
shall be retained by the purchaser.
*
*
*
*
*
■
§ 999.300
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[Amended]
119. In § 999.300, in paragraph (a)(5),
remove the text ‘‘Fruit and Vegetable
Program’’ and add in its place the text
‘‘Specialty Crops Program’’.
■
§ 999.400
§ 999.500 Safeguard procedures for
walnuts, dates, pistachios, and raisins
exempt from grade, size, quality, and
maturity requirements.
*
*
*
*
*
(c) It is the responsibility of the
importer to notify the Market
Development Division of any lot of
exempt commodity rejected by a
receiver, shipped to an alternative
exempt receiver, exported, or otherwise
disposed of. In such cases, a second SC–
6 form must be filed by the importer,
providing sufficient information to
determine ultimate disposition of the
exempt lot, and such disposition shall
be so certified by the final receiver.
(d) All SC–6 forms and other
correspondence regarding entry of
exempt commodities must be submitted
electronically, by mail, or by fax to the
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 20250–0237; telephone
(202) 720–2491; email ComplianceInfo@
usda.gov; or fax (202) 720–5698.
§ 999.600
[Amended]
122. In § 999.600:
a. In paragraph (a)(8) remove the text
‘‘Federal Inspection Service, Fruit and
Vegetable Programs’’ and add in its
place ‘‘Specialty Crops Inspection
Division, Specialty Crops Program’’; and
■ b. In paragraph (h), remove the text
‘‘Marketing Order and Agreement
Division’’ and add in its place ‘‘Market
Development Division’’.
■
■
[FR Doc. 2023–25238 Filed 11–22–23; 8:45 am]
BILLING CODE P
[Amended]
120. In § 999.400:
a. In paragraph (a)(5), remove the text
‘‘Food Safety and Quality Service’’ and
add in its place ‘‘Specialty Crops
Inspection Division, Specialty Crops
Program’’; and
■ b. In paragraph (a)(6), remove the text
‘‘United States Bureau of Customs’’ and
add in its place ‘‘U.S. Customs and
Border Protection’’.
■ 121. In § 999.500:
■ a. In paragraph (a) introductory text
wherever it appears, remove the text
‘‘Marketing Order and Agreement
Division’’ and add in its place the text
‘‘Market Development Division’’;
■ b. Remove the text ‘‘FV–6’’ wherever
it appears and add in its place the text
‘‘SC–6’’; and
■
■
ddrumheller on DSK120RN23PROD with RULES1
c. Revise paragraphs (c) and (d).
The revisions read as follows.
VerDate Sep<11>2014
16:40 Nov 22, 2023
Jkt 262001
DEPARTMENT OF ENERGY
10 CFR Part 1045
[EHSS–RM–22–WSHP]
RIN 1992–AA62
Organizational Changes in Certain
Department of Energy Health, Safety,
and Security Regulations; Correction
Office of Environment, Health,
Safety and Security, U.S. Department of
Energy.
ACTION: Final rule; correction.
AGENCY:
On June 26, 2023, the U.S.
Department of Energy (DOE) issued a
final rule that inadvertently contained
inaccurate amendatory instructions so
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
82237
that the revisions in certain sections of
the Code of Federal Regulations (CFR)
could not be made. This document
corrects the CFR.
DATES: Effective November 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Mr. James Dillard, U.S. Department of
Energy, Office of Environment, Health,
Safety and Security, Mailstop EHSS–11,
1000 Independence Ave. SW,
Washington, DC 20585, Telephone:
(301) 903–1165, or by Email at:
james.dillard@hq.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of General
Counsel, GC–33, 1000 Independence
Ave. SW, Washington, DC 20585,
Telephone: (202) 287–6111, or by Email
at: jennifer.tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On February 10, 2022, DOE updated
its organizational structure and changed
certain titles and reporting duties within
DOE’s Office of Environment, Health,
Safety and Security (EHSS). Certain of
the EHSS’s functions are subject to
regulations in title 10 of the CFR. As a
result of the changes, title 10 of the CFR
contained references to DOE
organizational names and positions that
are no longer current. On June 26, 2023,
DOE issued a final rule that made
amendments to 10 CFR parts 602, 710,
712, 725, 835, 850, 851, 1016, 1017,
1045, and 1046 to reflect the new titles
and organizational names. 88 FR 41289.
II. Need for Correction
One of the changes DOE made in its
June 26, 2023, amendments was to
change the title of the ‘‘Associate Under
Secretary for Environment, Health,
Safety and Security’’ (also referred to as
the ‘‘Associate Under Secretary of
Environment, Health, Safety and
Security’’ in 10 CFR part 1045) to the
‘‘Director, Office of Environment,
Health, Safety and Security’’ in 10 CFR
parts 602, 710, 712, 835, 850, 851, 1016,
1045, and 1046. However, the
rulemaking inadvertently contained
inaccurate amendatory instructions at
10 CFR 1045.80, 1045.180, 1045.210,
1045.215, and 1045.220 such that all the
revisions in 10 CFR part 1045 could not
be made.
The purpose of this final rule
technical correction is to correct
references to the ‘‘Associate Under
Secretary of Environment, Health,
Safety and Security’’ and the ‘‘Associate
Under Secretary for Environment,
Health, Safety and Security’’ and
instead reference the ‘‘Director, Office of
Environment, Health, Safety and
Security’’ in 10 CFR part 1045.
E:\FR\FM\24NOR1.SGM
24NOR1
Agencies
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82230-82237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25238]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Chapter IX
[Doc. No. AMS-SC-22-0051]
Nomenclature Changes; Technical Amendments
AGENCY: Agricultural Marketing Service, Department of Agriculture
(USDA).
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: This rule revises the general regulations for Federal
marketing orders covering fruits, vegetables, and specialty crops by
updating the section regarding information collections. Further, this
rule updates nomenclature in the general regulations, numerous Federal
marketing orders, the import regulations, the domestic hemp program
regulations, and the peanut handling regulations administered by the
Agricultural Marketing Service (AMS). Finally, this rule corrects
typographical errors found in the AMS marketing order and import
regulations and removes regulations no longer in effect. These changes
are necessary to provide more accurate information in the regulations
moving forward.
DATES: Effective November 24, 2023.
FOR FURTHER INFORMATION CONTACT: Matthew Pavone, Branch Chief,
Rulemaking Services Branch, or Andrew Hatch, Deputy Director of
Operations, Market Development Division, Agricultural Marketing
Service, USDA; phone: (202) 720-2491 or email: [email protected]
or [email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, makes
updates and corrections to regulations issued to carry out marketing
orders as defined in 7 CFR 900.2(j). This rule revises the General
Regulations (7 CFR part 900) and the marketing orders in numerous other
parts of chapter IX that regulate the handling of fruits, vegetables,
nuts, and specialty crops (parts 905, 906, 915, 917, 920, 929, 930,
932, 945, 948, 955, 958, 959, 966, 981, 982, 983, 985, 987, 989, and
993) and imported products (parts 944, 980, and 999). These parts are
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' In
addition, this rule corrects typographical errors in the domestic hemp
program regulations (part 990), which are effective under the
Agricultural Marketing Act of 1946, as amended. Finally, this rule
makes corrections to the peanut handling regulations (part 996), which
are effective under Public Law 107-171, the Farm Security and Rural
Investment Act of 2002, as amended (7 U.S.C. 7958).
This action falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review. Additionally, AMS is issuing this final rule in
conformance with Executive Orders 12988, 13175, and 13563.
Section 553(b)(3)(B) of the Administrative Procedure Act (APA),
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. 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. In addition, 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 and opportunity
for public comment is 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.
Overview of Changes
This final rule makes technical amendments to regulations in 7 CFR
parts 900, 905, 906, 915, 917, 920, 929, 930, 932, 944, 945, 948, 955,
958, 959, 966, 980, 981, 982, 983, 985, 987, 989, 990, 993, 996, and
999. USDA has determined that this action is only administrative in
nature. This action updates the information collection provisions in
Sec. 900.601 to remove obsolete references and to align current Office
of Management and Budget (OMB) control numbers and descriptions with
the appropriate programs. This rule also revises outdated nomenclature
in the general regulations pertaining to marketing agreements and
marketing orders in 7 CFR part 900; in Federal marketing orders in 7
CFR parts 905, 915, 932, 945, 958, 966, 987, and 989; in the import
regulations contained in 7 CFR parts 944, 980, and 999; and in the
peanut handling regulations in 7 CFR part 996 to reflect current
nomenclature. For example, the name of the Marketing Order and
Agreement Division has been changed to Market Development Division, so
references to the former name have been changed to reflect the current
name. Additionally, this rule removes obsolete language and some
regulatory sections (Sec. Sec. 982.254 through 982.255; and Sec. Sec.
985.234 through 985.236) that are no longer in effect. Lastly, this
action corrects typographical errors throughout 7 CFR chapter IX. The
final rule does not add to or amend any existing program requirements.
List of Subjects
7 CFR Part 900
Administrative practice and procedure, Freedom of information,
[[Page 82231]]
Marketing agreements, Reporting and recordkeeping requirements.
7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
7 CFR Part 906
Grapefruit, Marketing agreements, Oranges, 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 920
Kiwifruit, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 929
Acreage allotments, Cranberries, Marketing agreements, Reporting
and recordkeeping requirements.
7 CFR Part 930
Cherries, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 932
Marketing agreements, Olives, Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges, Plums, Prunes.
7 CFR Parts 945 and 948
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
7 CFR Part 955
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
7 CFR Part 958
Onions, Reporting and recordkeeping requirements.
7 CFR Part 959
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
7 CFR Part 966
Marketing agreements, Reporting and recordkeeping requirements,
Tomatoes.
7 CFR Part 980
Food grades and standards, Imports, Marketing agreements, Onions,
Potatoes, Tomatoes.
7 CFR Parts 981, 982, and 983
Marketing agreements, Nuts, Reporting and recordkeeping
requirements.
7 CFR Part 985
Marketing agreements, Oils and fats, Reporting and recordkeeping
requirements.
7 CFR Part 987
Dates, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 989
Grapes, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.
7 CFR Part 990
Administrative practice and procedure, Agricultural commodities,
Drugs, Indians, Intergovernmental relations, Laboratories, License and
registration, Marijuana, Penalties, Reporting and recordkeeping
requirements.
7 CFR Part 993
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
7 CFR Part 996
Food grades and standards, Marketing agreements, Peanuts, Reporting
and recordkeeping requirements.
7 CFR Part 999
Dates, Food grades and standards, Imports, Nuts, Prunes, Raisins,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, AMS amends 7 CFR chapter
IX as follows:
PART 900--GENERAL REGULATIONS
0
1. The authority citation for part 900 continues 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.
Sec. 900.4 [Amended]
0
2. In Sec. 900.4, in paragraph (b)(1)(iii), remove the word ``ntoice''
and add in its place the word ``notice''.
Sec. 900.14 [Amended]
0
3. In Sec. 900.14, in paragraph (e), remove the word ``therof'' and
add in its place the word ``thereof''.
Sec. 900.64 [Amended]
0
4. In Sec. 900.64, in paragraph (c), remove the text
``conclusions,and'' and add in its place the text ``conclusions, and''.
Sec. 900.101 [Amended]
0
5. In Sec. 900.101, in paragraph (k), remove the word ``Departent''
and add in its place the word ``Department''.
Sec. 900.211 [Amended]
0
6. In Sec. 900.211, remove the word ``wilfully'' and add in its place
the word ``willfully''.
Sec. 900.305 [Amended]
0
7. In Sec. 900.305, in paragraph (b)(2), remove the word ``requries''
and add in its place the word ``requires''.
Sec. 900.353 [Amended]
0
8. In Sec. 900.353, remove the word ``coopertive'' and add in its
place the word ``cooperative''.
Sec. 900.503 [Amended]
0
9. In Sec. 900.503, in paragraph (c)(3), remove the word
``discretinary'' and add in its place the word ``discretionary''.
0
10. In Sec. 900.601, revise paragraph (b) to read as follows:
Sec. 900.601 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) Display.
Table 1 to Paragraph (b)
------------------------------------------------------------------------
Current OMB
7 CFR part, where identified and described control No.
------------------------------------------------------------------------
905, Florida Citrus........................................ 0581-0189
906, Texas Citrus.......................................... 0581-0189
915, Florida Avocados...................................... 0581-0189
920, California Kiwifruit.................................. 0581-0189
922, Washington Apricots................................... 0581-0189
923, Washington Sweet Cherries............................. 0581-0189
925, California Desert Grapes.............................. 0581-0189
927, Oregon & Washington Pears............................. 0581-0189
929, Cranberries........................................... 0581-0189
930, Tart Cherries......................................... 0581-0177
932, California Olives..................................... 0581-0178
945, Idaho-Eastern Oregon Potatoes......................... 0581-0178
948, Colorado Potatoes..................................... 0581-0178
955, Vidalia Onions........................................ 0581-0178
956, Walla Walla Onions.................................... 0581-0178
958, Idaho-Eastern Oregon Onions........................... 0581-0178
959, South Texas Onions.................................... 0581-0178
966, Florida Tomatoes...................................... 0581-0178
981, California Almonds.................................... 0581-0178
981, California Almond Salmonella.......................... 0581-0242
982, Oregon & Washington Hazelnuts......................... 0581-0178
983, Pistachios............................................ 0581-0215
[[Page 82232]]
984, California Walnuts.................................... 0581-0178
985, Far West Spearmint Oil................................ 0581-0178
986, Pecans................................................ 0581-0291
987, California Dates...................................... 0581-0178
989, California Raisins.................................... 0581-0178
990, Domestic Hemp......................................... 0581-0318
993, California Dried Prunes............................... 0581-0178
------------------------------------------------------------------------
Sec. 900.700 [Amended]
0
11. In Sec. 900.700, in paragraph (c)(1) introductory text, remove the
text ``FV-649'' and add in its place the text ``SC-649''.
PART 905--ORANGES, GRAPEFRIT, TANGERINES, AND PUMMELOS GROWN IN
FLORIDA
0
12. The authority citation for part 905 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 905.41 [Amended]
0
13. In Sec. 905.41, in paragraph (c), remove the words ``short term''
and add in their place the word ``short-term''.
Sec. 905.82 [Amended]
0
14. In Sec. 905.82, remove the text ``e.s.t.'' and add in its place
the text ``Eastern Standard Time''.
0
15. In Sec. 905.153, in paragraph (f), revise the second sentence to
read as follows:
Sec. 905.153 Procedure for determining handlers' permitted quantities
of red seedless grapefruit when a portion of sizes 48 and 56 of such
variety is restricted.
* * * * *
(f) * * * Each new handler shall provide on a form furnished by the
Committee the Florida citrus fruit dealer's license number, their
Florida Department of Agriculture and Consumer Services, Division of
Fruit and Vegetables, packinghouse registration number, and the
physical location of the packinghouse where the red seedless grapefruit
is to be prepared for market. * * *
Sec. 905.161 [Amended]
0
16. In Sec. 905.161, in paragraph (c) introductory text, remove the
words ``not withstanding'' and add in their place the word
``notwithstanding''.
PART 906--ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY
IN TEXAS
0
17. The authority citation for part 906 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 906.34 [Amended]
0
18. In Sec. 906.34, in paragraph (d), remove the word ``functining''
and add in its place the word ``functioning''.
Sec. 906.40 [Amended]
0
19. In Sec. 906.40, in the introductory text, remove the word
``rgulation'' and adding in its place the word ``regulation''.
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
0
20. The authority citation for part 915 continues to read as follows:
Authority: 7 U.S.C. 601--674.
Sec. 915.120 [Amended]
0
21. In Sec. 915.120, in paragraphs (b) and (e), remove the word
``avacados'' wherever it occurs and add in its place the word
``avocados''.
Sec. 915.305 [Amended]
0
22. In Sec. 915.305, in paragraph (c), remove the text ``20 bushel''
and add in its place the text ``20-bushel''.
0
23. In Sec. 915.306, in paragraph (a)(5), revise the third sentence to
read as follows:
Sec. 915.306 Florida avocado grade, pack, and container marking
regulation.
(a) * * *
(5) * * * Only stamps and tape which have been approved by the
Specialty Crops Inspection Division, Specialty Crops Program,
Agricultural Marketing Service, U.S. Department of Agriculture, may be
used for purposes of stamping and sealing containers to meet these
requirements.
* * * * *
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
0
24. The authority citation for part 917 continues to read as follows:
Authority: 7 U.S.C. 601--674.
Sec. 917.18 [Amended]
0
25. In Sec. 917.18:
0
a. Lift the suspension of October 27, 2011;
0
b. In paragraph (a), remove the text ``fruit.The'' and ``aforesaid.In''
and add in their places the text ``fruit. The'' and ``aforesaid. In'',
respectively; and
0
c. Stay the section indefinitely.
Sec. 917.61 [Amended]
0
26. In Sec. 917.61:
0
a. Lift the suspension of October 27, 2011;
0
b. In paragraph (c), remove the word ``therof'' and add in its place
the word ``thereof''; and
0
c. Stay the section indefinitely.
PART 920--KIWIFRUIT GROWN IN CALIFORNIA
0
27. The authority citation for part 920 continues to read as follows:
Authority: 7 U.S.C. 601--674.
Sec. 920.66 [Amended]
0
28. In Sec. 920.66, remove the word ``priviliges'' and add in its
place the word ``privileges''.
PART 930--TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK,
PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN
0
29. The authority citation for part 930 continues to read as follows:
Authority: 7 U.S.C. 601--674.
Sec. 930.100 [Amended]
0
30. In Sec. 930.100, in paragraph (c)(1), remove the text ``200 acre''
and add in its place the text ``200-acre''.
Sec. 930.162 [Amended]
0
31. In Sec. 930.162, in paragraphs (c)(1), (2), and (4), remove the
text ``short and long term'' wherever it appears and add in its place
the text ``short- and long-term''.
PART 932--OLIVES GROWN IN CALIFORNIA
0
32. The authority citation for part 932 continues to read as follows:
Authority: 7 U.S.C. 601--674.
Sec. 932.35 [Amended]
0
33. In Sec. 932.35, in paragraph (e), remove the word ``chairman'' and
add in its place the word ``chairperson''.
Sec. 932.36 [Amended]
0
34. In Sec. 932.36, remove the word ``chairman'' and add in its place
the word ``chairperson''.
Sec. 932.37 [Amended]
0
35. In Sec. 932.37, remove the word ``chairman'' and add in its place
the word ``chairperson''.
Sec. 932.39 [Amended]
0
36. In Sec. 932.39, in paragraph (c), remove the word ``presecribed''
and add in its place the word ``prescribed''.
[[Page 82233]]
Sec. 932.52 [Amended]
0
37. In Sec. 932.52, in paragraph (b)(2), remove the words ``Processed
Products Branch'' and add in their place the words ``Specialty Crops
Inspection Division''.
Sec. 932.53 [Amended]
0
38. In Sec. 932.53, in paragraph (a), remove the words ``Processed
Products Branch'' and add in their place the words ``Specialty Crops
Inspection Division''.
Sec. 932.139 [Amended]
0
39. In Sec. 932.139, in paragraph (b), remove the text ``30 day
payment'' and add in its place the text ``30-day payment''.
Sec. 932.152 [Amended]
0
40. In Sec. 932.152:
0
a. In paragraph (b), remove the words ``Processed Products Branch
(PPB)'' and add in their place the words ``Specialty Crops Inspection
Division (SCI)''.; and
0
b. In paragraph (c)(1) introductory text, remove the words ``work day''
and add in their place the word ``workday''.
Sec. 932.154 [Amended]
0
41. In Sec. 932.154:
0
a. In paragraph (a), remove the word ``transfering'' and add in its
place the word ``transferring''; and
0
b. In paragraph (c), remove the words ``Processed Products Branch'' and
add in their place the words ``Specialty Crops Inspection Division''.
PART 944--FRUITS; IMPORT REGULATIONS
0
42. The authority citation for part 944 continues to read as follows:
Authority: 7 U.S.C. 601--674.
Sec. 944.28 [Amended]
0
43. In 944.28:
0
a. In paragraph (b), remove the text ``Fruit and Vegetable Division''
and add in its place the text ``Specialty Crop Inspection Division'';
and
0
b. In paragraph (c), remove the text ``United States Customs Service''
and add in its place ``U.S. Customs and Border Protection''.
Sec. 944.31 [Amended]
0
44. In Sec. 944.31:
0
a. In paragraph (c), remove the text ``United States Customs Service''
and add in its place ``U.S. Customs and Border Protection''; and
0
b. In paragraph (e), remove the text ``Fruit and Vegetable Division''
and add in its place the text ``Specialty Crop Inspection Division''.
Sec. 944.312 [Amended]
0
45. In Sec. 944.312:
0
a. In paragraph (a), remove the word ``parageaph'' and add in its place
the word ``paragraph'';
0
b. In paragraph (c), remove the text ``United States Customs Service''
and add in its place ``U.S. Customs and Border Protection''; and
0
c. In paragraph (f), remove the text ``Fruit and Vegetable Division''
and add in its place the text ``Specialty Crop Inspection Division''.
0
46. Revise Sec. 944.350 to read as follows:
Sec. 944.350 Safeguard procedures for avocados, grapefruit,
kiwifruit, olives, oranges, prune variety plums (fresh prunes), and
table grapes, exempt from grade, size, quality, and maturity
requirements.
(a) Exempt use. Each person who imports or receives any of the
commodities listed in paragraphs (a)(1) through (5) of this section
shall file (electronically or paper) an ``Importer's Exempt Commodity
Form'' (SC-6) with the Market Development Division, Specialty Crops
Program, AMS, USDA. A ``person who imports'' may include a customs
broker, acting as an importer's representative (hereinafter referred to
as ``importer''). A copy of the completed form (electronic or paper)
shall be provided to the U.S. Customs and Border Protection. If a paper
form is used, a copy of the form shall accompany the lot to the exempt
outlet specified on the form. Any lot of any commodity offered for
inspection and, all or a portion thereof, subsequently imported as
exempt under this provision shall also be reported on an SC-6 form.
Such form (electronic or paper) shall be provided to the Market
Development Division in accordance with paragraph (d) of this section.
The applicable commodities are:
(1) Avocados, grapefruit, kiwifruit, olives, oranges, prune variety
plums (fresh prunes) and table grapes for consumption by charitable
institutions or distribution by relief agencies;
(2) Avocados, grapefruit, kiwifruit, oranges, prune variety plums
(fresh prunes), and table grapes for processing;
(3) Olives for processing into oil;
(4) Grapefruit for animal feed; or
(5) Avocados for seed.
(b) Certification of exempt use. (1) Each importer of an exempt
commodity as specified in paragraph (a) of this section shall certify
on the SC-6 form (electronic or paper) as to the intended exempt outlet
(e.g., processing, charity, livestock feed). If certification is made
using a paper SC-6 form, the importer shall provide a handwritten
signature on the form.
(2) Each receiver of an exempt commodity as specified in paragraph
(a) of this section shall also receive a copy of the associated SC-6
form (electronic or paper) filed by the importer. Within two days of
receipt of the exempt lot, the receiver shall certify on the form
(electronic or paper) that such lot has been received and will be
utilized in the exempt outlet as certified by the importer. If
certification is made using a paper SC-6 form, the receiver shall
provide a handwritten signature on the form.
(c) Disposition. It is the responsibility of the importer to notify
the Market Development Division of any lot of exempt commodity rejected
by a receiver, shipped to an alternative exempt receiver, exported, or
otherwise destroyed. In such cases, a second SC-6 form must be filed by
the importer, providing sufficient information to determine ultimate
disposition of the exempt lot, and such disposition shall be so
certified by the final receiver.
(d) Filing. All SC-6 forms and other correspondence regarding entry
of exempt commodities must be submitted electronically, by mail, or by
fax to the Market Development Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-
0237; telephone (202) 720-2491; email [email protected]; or fax
(202) 720-5698.
Sec. 944.401 [Amended]
0
47. In Sec. 944.401:
0
a. In paragraph (a)(6), remove the text ``the U.S. Bureau of Customs''
and add in its place ``U.S. Customs and Border Protection''.
0
b. In paragraph (b)(12) introductory text, remove the word ``limited-
use'' and add in its place the words ``limited use''.
Sec. 944.503 [Amended]
0
48. In Sec. 944.503, in paragraph (c), remove the text ``United States
Customs Service'' and add in its place ``U.S. Customs and Border
Protection''.
Sec. 944.550 [Amended]
0
49. In Sec. 944.550:
0
a. In paragraph (b), remove the text ``Fruit and Vegetable Division''
and add in its place the text ``Specialty Crop Inspection Division'';
and
0
b. In paragraph (c), remove the text ``United States Customs Service''
and add in its place ``U.S. Customs and Border Protection''.
[[Page 82234]]
PART 945--IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN
IDAHO, AND MALHEUR COUNTY, OREGON
0
50. The authority citation for part 945 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 945.42 [Amended]
0
51. In Sec. 945.42, in paragraph (e), remove the words ``short term''
and add in their place the word ``short-term''.
0
52. In Sec. 945.341:
0
a. In paragraph (b)(3)(i), remove the word ``complaince'' and add in
its place the word ``compliance''; and
0
b. In paragraph (d)(2), remove the text ``Fresh Products Branch, Fruit
and Vegetable Division'' and adding in its place ``Specialty Crops
Inspection Division, Specialty Crops Program''.
PART 948--IRISH POTATOES GROWN IN COLORADO
0
53. The authority citation for part 948 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 948.51 [Amended]
0
54. In Sec. 948.51, in the third sentence, remove the word
``Committeemen'' and add in its place the word ``Committeepersons''.
Sec. 948.63 [Amended]
0
55. In Sec. 948.63, in paragraph (a)(1), remove the words ``chairman''
and ``officers' '' and add in their places the words ``chairperson''
and ``officers'', respectively.
Sec. 948.142 [Amended]
0
56. In Sec. 948.142, remove the words ``one ach'' and add in their
place the words ``on each''.
Sec. 948.386 [Amended]
0
57. In Sec. 948.386, in the third sentence in paragraph (g), remove
the word ``extend'' and add in its place the word ``extent''.
PART 955--VIDALIA ONIONS GROWN IN GEORGIA
0
58. The authority citation for 7 CFR part 955 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 955.4 [Amended]
0
59. In Sec. 955.4, in the last sentence, remove the word ``Truetlen''
and add in its place the word ``Treutlen''.
Sec. 955.42 [Amended]
0
60. In Sec. 955.42, in paragraph (e), remove the word ``seasons's''
and add in its place the word ``season's''.
PART 958--ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND
MALHEUR COUNTRY, OREGON
0
61. The authority citation for part 958 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 958.27 [Amended]
0
62. In Sec. 958.27, in the ``District No. 6'' paragraph in paragraph
(a), remove the word ``Meredian'' and add in its place the word
``Meridian''.
Sec. 958.86 [Amended]
0
63. In Sec. 958.86, remove the word ``wilful'' and add in its place
the word ``willful''.
Sec. 958.91 [Amended]
0
64. In Sec. 958.91, in the first paragraph of the agreement, remove
the text ``Fruit and Vegetable Division'' and add in its place the text
``Market Development Division, Specialty Crops Program''.
PART 959--ONIONS GROWN IN SOUTH TEXAS
0
65. The authority citation for part 959 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 959.4 [Amended]
0
66. In Sec. 959.4, remove the word ``De Witt'' and add in its place
the word ``DeWitt''.
Sec. 959.24 [Amended]
0
67. In Sec. 959.24, in paragraph (b), remove the words ``Jim Hogg De
Witt'' and add in its place ``Jim Hogg, DeWitt''.
PART 966--TOMATOES GROWN IN FLORIDA
0
68. The authority citation for part 966 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 966.323 [Amended]
0
69. In Sec. 966.323:
0
a. In paragraph (d)(1), remove the word ``cerasiform'' and add in its
place the word ``cerasiforme''; and
0
b. In paragraph (d)(5), remove the text ``Fresh Products Branch, Fruit
and Vegetable Programs'' and add in its place the text ``Specialty
Crops Inspection Division, Specialty Crops Program''.
PART 980--VEGETABLES; IMPORT REGULATIONS
0
70. The authority citation for part 980 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 980.1 [Amended]
0
71. In Sec. 980.1:
0
a. In paragraph (b)(1), remove the text ``Area II'' and add in its
place the text ``Area 2'';
0
b. In paragraph (g)(1)(ii), remove the text ``Marketing Order and
Agreement Division'' and add in its place the text ``Market Development
Division'', and remove the text ``[email protected]'' and add in
its place ``[email protected];'' and
0
c. In paragraph (i)(2), remove the text ``the U.S. Customs Service''
and add in its place ``U.S. Customs and Border Protection''.
Sec. 980.117 [Amended]
0
72. In Sec. 980.117:
0
a. In paragraph (d), remove the word ``supercede'' and add in its place
the word ``supersede''; and
0
b. In paragraph (f)(3), remove the text ``Marketing Order and Agreement
Division'' and add in its place the text ``Market Development
Division'', and remove the text ``[email protected]'' and add in
its place ``[email protected]''.
Sec. 980.212 [Amended]
0
73. In Sec. 980.212:
0
a. In paragraph (b)(1), remove the text ``Fresh Products Branch, Fruit
and Vegetable Programs'' and add in its place the text ``Specialty Crop
Inspection Division, Specialty Crops Program'';
0
b. In paragraph (f)(3), remove the text ``Marketing Order and Agreement
Division'' and add it its place the text ``Market Development
Division'', and remove the text ``[email protected]'' and add in
its place ``[email protected]''; and
0
c. In paragraph (h), remove the text ``the United States Bureau of
Customs'' and add in its place ``U.S. Customs and Border Protection'',
and remove the word ``cerasiform'' and add in its place the word
``cerasiforme''.
0
74. Revise Sec. 980.501 to read as follows:
Sec. 980.501 Safeguard procedures for potatoes, onions, and tomatoes
exempt from grade, size, quality, and maturity requirements.
(a) Exempt use. Each person who imports or receives any of the
commodities listed in paragraphs (a)(1) through (5) of this section
shall file
[[Page 82235]]
(electronically or paper) an ``Importer's Exempt Commodity Form'' (SC-
6) with the Market Development Division, Specialty Crops Program, AMS,
USDA. A ``person who imports'' may include a customs broker, acting as
an importer's representative (hereinafter referred to as ``importer'').
A copy of the completed form (electronic or paper) shall be provided to
the U.S. Customs and Border Protection. If a paper form is used, a copy
of the form shall accompany the lot to the exempt outlet specified on
the form. Any lot of any commodity offered for inspection and, all or a
portion thereof, subsequently imported as exempt under this provision
shall also be reported on an SC-6 form. Such form (electronic or paper)
shall be provided to the Market Development Division in accordance with
paragraph (d) of this section. The applicable commodities are:
(1) Potatoes, onions or tomatoes for consumption by charitable
institutions or distribution by relief agencies;
(2) Potatoes, onions, or tomatoes for processing;
(3) Potatoes or onions for livestock feed; or
(4) Pearl onions; or
(5) Tomatoes to be used in noncommercial outlets for experimental
(b) Certification of exempt use. (1) Each importer of an exempt
commodity as specified in paragraph (a) of this section shall certify
on the SC-6 form (electronic or paper) as to the intended exempt outlet
(e.g., processing, charity, livestock feed). If certification is made
using a paper SC-6 form, the importer shall provide a handwritten
signature on the form.
(2) Each receiver of an exempt commodity as specified in paragraph
(a) of this section shall also receive a copy of the associated SC-6
form (electronic or paper) filed by the importer. Within two days of
receipt of the exempt lot, the receiver shall certify on the form
(electronic or paper) to the Market Development Division that such lot
has been received and will be utilized in the exempt outlet as
certified by the importer. If certification is made using a paper SC-6
form, the receiver shall provide a handwritten signature on the form.
(c) Disposition. It is the responsibility of the importer to notify
the Market Development Division of any lot of exempt commodity rejected
by a receiver, shipped to an alternative exempt receiver, returned to
the country of origin, or otherwise disposed of. In such cases, a
second SC-6 form must be filed by the importer, providing sufficient
information to determine ultimate disposition of the exempt lot, and
such disposition shall be so certified by the final receiver.
(d) Filing. All SC-6 forms and other correspondence regarding entry
of exempt commodities must be submitted electronically, by mail, or by
fax to the Market Development Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-
0237; telephone (202) 720-2491; email [email protected]; or fax
(202) 720-5698.
PART 981--ALMONDS GROWN IN CALIFORNIA
0
75. The authority citation for part 981 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 981.19 [Amended]
0
76. In Sec. 981.19, remove the text ``twelve month'' and add in its
place the word ``twelve-month''.
Sec. 981.21 [Amended]
0
77. In Sec. 981.21, remove the word ``kernelweight'' and add in its
place the words ``kernel weight''.
Sec. 981.33 [Amended]
0
78. In Sec. 981.33, in paragraph (c), remove the text ``three year''
and add in its place the word ``three-year''.
Sec. 981.61 [Amended]
0
79. In Sec. 981.61, in paragraph (a), remove the work `kernelweight''
and add in its place the words ``kernel weight''.
Sec. 981.70 [Amended]
0
80. In Sec. 981.70, in the last sentence, remove the word ``insure''
and add in its place the word ``ensure''.
Sec. 981.442 [Amended]
0
81. In Sec. 981.442, in paragraph (a)(5), remove the text ``50 percent
requirement'' and add in its place ``50-percent requirement''.
Sec. 981.467 [Amended]
0
82. In Sec. 981.467:
0
a. In the first sentence in paragraph(b), remove the word ``quanity''
and add in its place the word ``quantity''; and
0
b. Remove paragraphs (c) and (d).
Sec. 981.481 [Amended]
0
83. In Sec. 981.481, in the last sentence in paragraph (a), remove the
text ``a half'' and add in its place the text ``one-half''.
PART 982--HAZELNUTS GROWN IN OREGON AND WASHINGTON
0
84. The authority citation for part 982 continues to read as follows:
Authority: 7 U.S.C. 601-674.
0
85. Revise the undesignated center heading following Sec. 982.20 to
read as follows:
Hazelnut Marketing Board
Sec. 982.33 [Amended]
0
86. In Sec. 982.33, in paragraph (b), remove the text ``beginning with
the 1996-97 marketing year,''.
Sec. 982.53 [Amended]
0
87. In Sec. 982.53, remove the word ``insure'' and add in its place
the word ``ensure''.
Subpart C [Removed and Reserved]
0
88. Remove and reserve subpart C, consisting of Sec. Sec. 982.254 and
982.255.
PART 983--PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO
0
89. The authority citation for part 983 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 983.92 [Amended]
0
90. In Sec. 983.92, remove the text ``5,000 pound quantity'' and add
in its place the text ``5,000-pound quantity''.
PART 985--MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL
PRODUCED IN THE FAR WEST
0
91. The authority citation for part 985 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 985.154 [Amended]
0
92. In Sec. 985.154, in paragraph (b), remove the word ``insure'' and
add in its place the word ``ensure''.
PART 987--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
0
93. The authority citation for part 987 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 987.12 [Amended]
0
94. In Sec. 987.12, in paragraph (c), remove the word ``exeption'' and
add in its place the word ``exception''.
Sec. 987.41 [Amended]
0
95. In Sec. 987.41, in paragraph (c), remove the text ``Processed
Products Standardization and Inspection Branch'' and add in its place
the text ``Specialty Crop Inspection Division''.
[[Page 82236]]
Sec. 987.112 [Amended]
0
96. In Sec. 987.112:
0
a. In paragraph (a), remove the word ``shiped'' and add in its place
the word ``shipped''; and
0
b. In paragraph (d), remove the word ``fieldrun'' and add in its place
the word ``field-run''.
Sec. 987.112a [Amended]
0
97. In Sec. 987.112a:
0
a. In paragraph (b)(2), remove the text ``semi-dry of dry'' and add in
its place the text ``semi-dry or dry'' and remove the text ``, except
beginning February 21, 1997, and ending October 31, 1997, the 10
percent tolerance shall be increased to 15 percent'';
0
b. In paragraph (c)(2), remove the text ``, except beginning February
21, 1997, and ending October 31, 1997, the 10 percent tolerance shall
be increased to 15 percent''; and
0
c. In the last sentence in paragraph (d)(3), remove the word
``excercise'' and add in its place the word ``exercise''.
Sec. 987.145 [Amended]
0
98. In Sec. 987.145, in the first sentence in paragraph (b)(2), remove
the word ``credited'' and add in its place the word ``Credited'' and
remove the word ``exceds'' and add in its place the word ``exceeds''.
Sec. 987.172 [Amended]
0
99. In Sec. 987.172, in paragraph (b), remove the text ``one half''
and add in its place the text ``one-half''.
PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA
0
100. The authority citation for part 989 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 989.58 [Amended]
0
101. In Sec. 989.58, in paragraph (e)(5), remove the word ``insure''
and add in its place the word ``ensure''.
Sec. 989.159 [Amended]
0
102. In Sec. 989.159, in paragraph (c)(2), remove the text ``FV 146''
wherever it appears and add in its place the text ``SC-146''.
PART 990--DOMESTIC HEMP PRODUCTION PROGRAM
0
103. The authority citation for part 990 continues to read as follows:
Authority: 7 U.S.C. 1639o note, 1639p, 1639q, 1639r.
Sec. 990.1 [Amended]
0
104. In Sec. 990.1, in the definition of ``USDA licensee'', remove the
word ``planto'' and add in its place the words ``plan to''.
Sec. 990.3 [Amended]
0
105. In Sec. 990.3, in paragraph (a)(2)(iii)(B) introductory text,
removed the word ``cannabisplant'' and add in its place the words
``cannabis plant''.
PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA
0
106. The authority citation for part 993 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 993.49 [Amended]
0
107. In Sec. 993.49:
0
a. Lift the suspension of May 27, 2005;
0
b. In paragraph (b), remove the word ``resepct'' and add in its place
the word ``respect''; and
0
c. Stay the section indefinitely.
Sec. 993.50 [Amended]
0
108. In Sec. 993.50:
0
a. Lift the suspension of May 27, 2005;
0
b. In the fifth sentence in paragraph (g), remove the word ``insure''
and add in its place the word ``ensure''; and
0
c. Stay the section indefinitely.
Sec. 993.56 [Amended]
0
109. In Sec. 993.56:
0
a. Lift the suspension of May 27, 2005;
0
b. In the second and third sentences, remove the word ``setaside'' and
add in its place the word ``set-aside''; and
0
c. Stay the section indefinitely.
Sec. 993.149 [Amended]
0
110. In Sec. 993.149:
0
a. Lift the suspension of May 27, 2005;
0
b. In paragraph (c)(2)(vii), remove the word ``offgrade'' and add in
its place the word ``off-grade''; and
0
c. Stay the section indefinitely.
Sec. 993.162 [Amended]
0
111. In Sec. 993.162:
0
a. Lift the suspension of May 27, 2005;
0
b. In paragraph (b)(3), remove the word ``he'' and add in its place the
word ``the''; and
0
c. Stay the section indefinitely.
Sec. 993.515 [Amended]
0
112. In Sec. 993.515:
0
a. Lift the suspension of May 27, 2005;
0
b. In paragraph (b) introductory text, remove the word
``nonmenclature'' and add in its place the word ``nomenclature''; and
0
c. Stay the section indefinitely.
PART 996--MINIMUM QUALITY AND HANDLING STANDARDS FOR DOMESTIC AND
IMPORTED PEANUTS MARKETED IN THE UNITED STATES
0
113. The authority citation for part 996 continues to read as follows:
Authority: 7 U.S.C. 7958.
Sec. 996.71 [Amended]
0
114. In Sec. 996.71, in paragraph (b), remove the text ``Southeast
Marketing Field Office, Marketing Order and Agreement Division'' and
add in its place the text ``Southeast Region Branch, Market Development
Division''.
PART 999--SPECIALTY CROPS; IMPORT REGULATIONS
0
115. The authority citation for part 999 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 999.1 [Amended]
0
116. In Sec. 999.1, in paragraph (a)(7), remove the text ``Fruit and
Vegetable Program'' and add in its place ``Specialty Crops Program''.
Sec. 999.100 [Amended]
0
117. In Sec. 999.100:
0
a. In paragraph (a)(5), remove the text ``Fresh Products
Standardization and Inspection Branch of the Fruit and Vegetable
Division, Consumer and Marketing Service'' and add in its place
``Specialty Crops Inspection Division, Specialty Crops Program,
Agricultural Marketing Service'';
0
b. In paragraph (a)(6), remove the text ``United States Customs
Service'' and add in its place ``U.S. Customs and Border Protection'';
and
0
c. In paragraph (b)(2), remove the text ``effective January 25, 1959''.
0
118. In Sec. 999.200:
0
a. Lift the suspension of January 16, 2009;
0
b. Revise paragraphs (a)(10) through (12);
0
c. In paragraph (b)(5), remove the text ``Form FV-6'' and add in its
place the text ``Form SC-6'';
0
d. Revise paragraph (e)(1);
0
e. In paragraph (e)(2), remove the text ``Form FV-6'' and add in its
place the text ``Form SC-6''; and
0
f. Stay the section indefinitely.
The revisions read as follows.
Sec. 999.200 Regulation governing the importation of prunes.
(a) * * *
(10) Specialty Crops Program means the Specialty Crops Program of
the Agricultural Marketing Service, U.S. Department of Agriculture,
Washington, DC 20250.
[[Page 82237]]
(11) USDA inspector means an inspector of the Specialty Crops
Inspection Division, Specialty Crops Program, or any other duly
authorized employee of the USDA.
(12) Importation means release from custody of U.S. Customs and
Border Protection.
* * * * *
(e) * * *
(1) General. Prior to importation of any prunes, the person
importing such prunes shall file an inspection certificate with the
Collector of Customs at the port at which the customs entry is filed.
In addition, if such prunes are manufacturing grade substandard prunes,
such person shall also file with the Collector of Customs an executed
Form SC-6--`Importer's Exempt Commodity Form.' Promptly after such
filing, such person shall transmit a copy of this form to the Specialty
Crops Program. No person may import, sell, or use any manufacturing
grade substandard prunes other than for use as set forth in paragraph
(b)(5) of this section. Each person importing manufacturing grade
substandard prunes shall obtain from each purchaser, no later than the
time of delivery to such purchaser, and file with the Specialty Crops
Program not later than the 5th day of the month following the month in
which the prunes were delivered, an executed Form SC-6--`Importer's
Exempt Commodity Form.' One copy of this executed form shall be
retained by the importer and one copy shall be retained by the
purchaser.
* * * * *
Sec. 999.300 [Amended]
0
119. In Sec. 999.300, in paragraph (a)(5), remove the text ``Fruit and
Vegetable Program'' and add in its place the text ``Specialty Crops
Program''.
Sec. 999.400 [Amended]
0
120. In Sec. 999.400:
0
a. In paragraph (a)(5), remove the text ``Food Safety and Quality
Service'' and add in its place ``Specialty Crops Inspection Division,
Specialty Crops Program''; and
0
b. In paragraph (a)(6), remove the text ``United States Bureau of
Customs'' and add in its place ``U.S. Customs and Border Protection''.
0
121. In Sec. 999.500:
0
a. In paragraph (a) introductory text wherever it appears, remove the
text ``Marketing Order and Agreement Division'' and add in its place
the text ``Market Development Division'';
0
b. Remove the text ``FV-6'' wherever it appears and add in its place
the text ``SC-6''; and
0
c. Revise paragraphs (c) and (d).
The revisions read as follows.
Sec. 999.500 Safeguard procedures for walnuts, dates, pistachios, and
raisins exempt from grade, size, quality, and maturity requirements.
* * * * *
(c) It is the responsibility of the importer to notify the Market
Development Division of any lot of exempt commodity rejected by a
receiver, shipped to an alternative exempt receiver, exported, or
otherwise disposed of. In such cases, a second SC-6 form must be filed
by the importer, providing sufficient information to determine ultimate
disposition of the exempt lot, and such disposition shall be so
certified by the final receiver.
(d) All SC-6 forms and other correspondence regarding entry of
exempt commodities must be submitted electronically, by mail, or by fax
to the Market Development Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237;
telephone (202) 720-2491; email [email protected]; or fax (202)
720-5698.
Sec. 999.600 [Amended]
0
122. In Sec. 999.600:
0
a. In paragraph (a)(8) remove the text ``Federal Inspection Service,
Fruit and Vegetable Programs'' and add in its place ``Specialty Crops
Inspection Division, Specialty Crops Program''; and
0
b. In paragraph (h), remove the text ``Marketing Order and Agreement
Division'' and add in its place ``Market Development Division''.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-25238 Filed 11-22-23; 8:45 am]
BILLING CODE P