This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

89275 

Vol. 88, No. 247 

Wednesday, December 27, 2023 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 3 

[Docket No. USDA–2023–0016] 

Debt Management; Administrative 

Updates 

AGENCY: Office of the Secretary, USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Department of Agriculture’s debt 

management regulations by making two 

minor clarifying changes pertaining to 

entities or programs to which some or 

all of the regulations do not apply. 

DATES: Effective December 27, 2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Elvis Tull, Branch Chief, Office of the 

Chief Financial Officer, USDA; 202– 

205–5369. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The regulations in 7 CFR part 3, ‘‘Debt 

Management,’’ prescribe standards and 

procedures for use by U.S. Department 

of Agriculture (USDA) agencies in the 

collection, compromise, suspension, or 

termination of debts owed to the United 

States. This rule clarifies the scope of 

debt collection activity as it applies to 

public international organizations and 

the availability of administrative review 

under 7 CFR part 3 for certain debt 

collection activities involving the 

Commodity Credit Corporation (CCC). 

First, § 3.1, ‘‘Purpose and scope,’’ 

includes categories of debt collection 

actions to which 7 CFR part 3 does not 

apply. One of those categories, found in 

paragraph (c)(3), is the ‘‘[c]ollection of 

debts owed by foreign governments and, 

sovereign institutions of foreign 

governments.’’ 

This amendment clarifies that, in 

addition to debts owed by foreign 

governments and sovereign institutions 

of foreign governments, debts owed by 

public international organizations are 

outside the scope of USDA’s debt 

collection regulations. A public 

international organization is an 

organization entitled to enjoy privileges, 

exemptions, and immunities as an 

international organization under the 

International Organizations Immunities 

Act (22 U.S.C. 288–288f). Examples 

include the Organization for Economic 

Cooperation and Development (OECD) 

and the United Nations. This 

amendment aligns USDA’s debt 

collection regulations with those of 

other U.S. Government agencies, such as 

the Department of State and the United 

States Agency for International 

Development, that work with public 

international organizations. Consistent 

with the treatment of public 

international organizations under U.S. 

law, these agencies group the collection 

of debts owed by public international 

organizations along with the collection 

of debts owed by foreign governments 

and sovereign institutions of foreign 

governments in the list of debt 

collection actions to which their debt 

management regulations do not apply. 

Therefore, USDA amends § 3.1(c)(3) to 

include public international 

organizations. 

Second, 7 CFR part 3, subpart F, 

establishes consolidated administrative 

review procedures for debts subject to 

administrative offset, administrative 

wage garnishment, and disclosure to 

credit reporting agencies under subparts 

D and E of part 3. However, there is a 

list in § 3.60(b) of certain debt collection 

proceedings initiated by USDA agencies 

that are subject to the separate 

administrative review procedures in 7 

CFR part 11, National Appeals Division, 

rather than the procedures in 7 CFR part 

3, subpart F. Among the debt collection 

proceedings listed in § 3.60(b) are those 

initiated by CCC. 

The statutory authority for the 

National Appeals Division only 

specifically requires coverage for the 

CCC ‘‘with respect to domestic 

programs’’ (7 U.S.C. 6991(2)(B)). This 

draws a statutory distinction between 

domestic CCC programs and CCC 

programs administered outside the 

United States by USDA’s Foreign 

Agricultural Service. To clarify that 

non-domestic CCC programs are 

addressed under the administrative 

review procedures of 7 CFR part 3, 

subpart F, and not subject to the 

procedures provided in 7 CFR part 11, 

USDA amends 7 CFR 3.60(b) by adding 

the qualifier ‘‘(with respect to domestic 

programs)’’ to the mention of CCCinitiated debt collection proceedings. 

II. Notice and Comment Not Required 

This rule is ministerial in nature and 

makes only clarifying, technical 

adjustments to align USDA’s debt 

management regulations. Accordingly, 

pursuant to the administrative 

procedure provisions in 5 U.S.C. 553, 

USDA finds, for good cause, that prior 

notice and other public procedure with 

respect to this action are not necessary 

and this rule may be made effective less 

than 30 days after publication in the 

Federal Register. Therefore, this rule 

will be effective upon publication in the 

Federal Register. 

III. Procedural Requirements 

Executive Orders 12866 and 14094 

The Office of Management and Budget 

(OMB) has determined that this 

regulatory action does not meet the 

criteria for significant regulatory action 

pursuant to Executive Order 12866, 

Regulatory Planning and Review, as 

amended by Executive Order 14094, 

Modernizing Regulatory Review. 

As noted, this rule is ministerial in 

nature and makes only clarifying, 

technical adjustments to align USDA’s 

debt management regulations. 

Accordingly, there are no economic 

impacts associated with this action. 

Regulatory Flexibility Act 

The provisions of the Regulatory 

Flexibility Act relating to an initial and 

final regulatory flexibility analysis (5 

U.S.C. 603, 604) are not applicable to 

this final rule because USDA was not 

required to publish notice of proposed 

rulemaking under 5 U.S.C. 553 or any 

other law. Accordingly, a regulatory 

flexibility analysis is not required. 

Paperwork Reduction Act 

This final rule imposes no new 

reporting or recordkeeping requirements 

necessitating clearance by OMB. 

List of Subjects in 7 CFR Part 3 

Administrative practice and 

procedure, Claims, Government 

employees, Income taxes, Loan 

programs—agriculture, Penalties, 

Reporting and recordkeeping 

requirements, Wages. 


ddrumheller on DSK120RN23PROD with RULES1
89276 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 

Accordingly, USDA amends 7 CFR 

part 3 as follows: 

PART 3—DEBT MANAGEMENT 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1506, 

1981, 1981a, 1981d, and 2008h; 15 U.S.C. 

714b; 31 U.S.C. 3701, 3711, 3716–18, and 

3720B; and 31 CFR parts 285 and 901–904. 

■ 2. In § 3.1, revise paragraph (c)(3) to 

read as follows: 

§ 3.1 Purpose and scope. 

* * * * * 

(c) * * * 

(3) Collection of debts owed by 

foreign governments, sovereign 

institutions of foreign governments, or 

public international organizations. 

* * * * * 

§ 3.60 [Amended] 

■ 3. In § 3.60, in paragraph (b), add the 

words ‘‘(with respect to domestic 

programs)’’ after the acronym ‘‘CCC’’. 

Ethel Butler, 

Fiscal Policy Division Director, Office of the 

Chief Financial Officer, U.S. Department of 

Agriculture. 

[FR Doc. 2023–28408 Filed 12–26–23; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–SC–21–0054] 

Marketing Order for Oranges, 

Grapefruit, Tangerines, and Pummelos 

Grown in Florida 

AGENCY: Agricultural Marketing Service, 

(USDA). 

ACTION: Final rule. 

SUMMARY: This rulemaking amends 

Marketing Order 905, which regulates 

the handling of oranges, grapefruit, 

tangerines, and pummelos grown in 

Florida. The amendments reduce the 

size of the Citrus Administrative 

Committee (Committee), lower the 

quorum requirements, revise the 

nomination and selection processes, and 

remove the requirement to allocate 

committee seats based on volume from 

each district. A new section will 

provide the Committee authority to 

receive voluntary contributions for 

promotion and research projects. Also, 

conforming changes were made to help 

align the marketing order with the 

amendments. 

DATES: This rule is effective January 26, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Geronimo Quinones, Marketing 

Specialist, or Matthew Pavone, Chief, 

Rulemaking Services Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Geronimo.Quinones@usda.gov or 

Matthew.Pavone@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

finalizes amendments to regulations 

issued to carry out a marketing order as 

defined in 7 CFR 900.2(j). This rule is 

issued under Marketing Order No. 905, 

as amended (7 CFR part 905), regulating 

the handling of oranges, grapefruit, 

tangerines, and pummelos grown in 

Florida. Part 905, referred to as the 

‘‘Order,’’ is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ The 

Committee locally administers the 

Order and is composed of citrus 

producers and shippers operating 

within the area of production, and a 

non-industry member. 

The Agricultural Marketing Service 

(AMS) is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 12866 and 13563 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

In addition, this rule has been 

reviewed under Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

Tribal implications. AMS has 

determined this rule is unlikely to have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

This rule has also been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule shall 

not be deemed to preclude, preempt, or 

supersede any State program covering 

oranges, grapefruit, tangerines, and 

pummelos grown in Florida. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 8c(15)(A) of the Act (7 U.S.C. 

608c(15)(A)), any handler subject to an 

order may file with USDA a petition 

stating that the order, any provision of 

the order, or any obligation imposed in 

connection with the order is not in 

accordance with law and requesting a 

modification of the order or to be 

exempted therefrom. A handler is 

afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

no later than 20 days after the date of 

entry of the ruling. 

Section 8c(17) of the Act and the 

supplemental rules of practice authorize 

the use of informal rulemaking (5 U.S.C. 

553) to amend Federal fruit, vegetable, 

and nut marketing agreements and 

orders. In determining whether informal 

rulemaking is appropriate, AMS is 

required to consider the nature and 

complexity of the proposed 

amendments, the potential regulatory 

and economic impacts on affected 

entities, and any other relevant matters. 

AMS has considered these factors and 

has determined that the amendments in 

this final rule are not unduly complex. 

The amendments are primarily 

administrative in nature and adapt the 

Committee’s rules of practice to better 

reflect the current state of the Florida 

citrus industry. In addition, as 

discussed in the Final Regulatory 

Flexibility Analysis section below, the 

amendments are not expected to impose 

any costs on affected entities. 


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