[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93571-93572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30570]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 /
Rules and Regulations
[[Page 93571]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 51 and 52
[Doc. No. AMS-SC-16-0063]
Revisions to Inspection Application Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule amends the inspection, certification and standards
requirements for fresh fruits, vegetables and other products and
processed fruits and vegetables, processed products and certain other
processed food products (7 CFR parts 51 and 52) by adding an option to
allow for electronic submissions of inspection applications. This rule
also eliminates outdated terminology referencing submission of
inspection applications by telegraph.
DATES: Effective December 22, 2016; comments received by February 21,
2017 will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit comments via the
Internet at http://www.regulations.gov. Comments submitted by mail or
courier must be sent in duplicate to Francisco Grazette, United States
Department of Agriculture (USDA), Agricultural Marketing Service (AMS),
Specialty Crops Program (SCP), Specialty Crops Inspection (SCI)
Division, 1400 Independence Avenue SW., Room 1536, Stop 0240,
Washington, DC 20250, FAX (202) 720-0393. All comments should reference
the document number, and the date and page number of this issue of the
Federal Register. All comments received will be posted without change,
including any personal information provided, online at http://www.regulations.gov and will be made available for public inspection at
the above physical address during regular business hours.
FOR FURTHER INFORMATION CONTACT: Francisco Grazette, USDA, AMS, SCP,
SCI Division, 1400 Independence Avenue SW., Room 1536, Stop 0240,
Washington, DC 20250-0250; telephone: (202) 720-5870; fax: (202) 720-
0393; email: [email protected].
SUPPLEMENTARY INFORMATION: Section 203(c) (7 U.S.C. 1622(c)) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) (Act of 1946),
as amended, directs and authorizes the Secretary of Agriculture to
develop and improve standards of quality, condition, quantity, grade,
and packaging, and recommend and demonstrate such standards in order to
encourage uniformity and consistency in commercial practices.
Parts 51 and 52 of title 7 of the Code of Federal Regulations
specify the inspection, certification and standard requirements for
fresh and processed fruit, vegetable and specialty crops to ensure
uniformity and consistency.
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Orders 12866, 13563, and 13175.
This interim rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect and does not preempt any state or local law, regulation, or
policy unless it presents an irreconcilable conflict with this rule.
There are no administrative procedures which must be exhausted prior to
any judicial challenge to the provisions of this rule.
This rule amends the inspection, certification and standards
requirements for fresh fruits, vegetables and other products and
processed fruits and vegetables, processed products and certain other
processed food products (7 CFR parts 51 and 52) by adding an option to
allow for electronic submissions of inspection applications. This rule
also eliminates outdated terminology referencing the telegraph. These
changes are administrative in nature and do not impose any new
requirements on applicants.
Pursuant to Section 8e of the Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601-674) (Act of 1937), whenever certain
commodities are regulated under Federal marketing orders, imports of
those commodities into the United States are prohibited unless they
meet the same or comparable grade, size, quality or maturity
requirements as those in effect for domestically-produced commodities.
The Act of 1937 also authorizes USDA to perform inspections and other
related functions (such as commodity sampling) on those commodities and
to certify whether these requirements have been met.
AMS's Specialty Crops Inspection (SCI) Division performs the
inspections and other related functions on Section 8e imports in
accordance with its authority under the Agricultural Marketing Act of
1946.
SCI Division is amending 7 CFR parts 51 and 52 to add the ability
to submit initial inspection requests electronically and eliminate
terminology referencing the telegraph. Individuals desiring to apply
for an inspection for applicable fruit, vegetable, and specialty crop
imports must complete and file AMS's form SC-357, Initial Inspection
Request for Regulated Imported Commodities, in writing or
electronically, to notify AMS of the need for an inspection.
Specifically, sections 51.6 and 52.7, ``How to make an
application'' and ``Information required in connection with
application'', respectively, are being modified by this action.
Amending parts 51 and 52 of title 7 to provide for the electronic
filing of the application for inspection supports the International
Trade Data System (ITDS), a key White House Initiative that has been
under development for over ten years and is mandated for completion by
December 31, 2016 (pursuant to Executive Order 13659, Streamlining the
Export/Import Process for American's Businesses, signed on February 19,
2014, by President Obama (79 FR 10657)). ITDS streamlines the export
and import process for America's businesses. Upon full implementation,
ITDS, through the Automated Commercial Environment (ACE), will allow
businesses to electronically submit the data required by U.S. Customs
and Border Protection (CBP) and its Partner Government Agencies (PGAs)
to import or export cargo through a ``single window'' concept.
The update to the inspection, certification and standards
requirements to allow for electronic submission of
[[Page 93572]]
inspection applications will meet CBP's requirement for ITDS.
Initial Regulatory Flexibility Analysis
Pursuant to the requirements of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this action on small entities. Accordingly, AMS has prepared this
initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened.
Small agricultural producers are defined by the Small Business
Administration (SBA) as those having annual receipts of no more than
$750,000 and small agricultural service firms are defined as those
having annual receipts of no more than $7.5 million. Under these
definitions, AMS estimates the number of companies affected is
approximately 60,000, with 24,000, or 40%, of the companies considered
small businesses. AMS does not foresee any negative impact on members
of the industry, regardless of size, as a result of this interim rule.
AMS is making these administrative changes to allow for the use of
current technology by allowing the application for inspection to be
submitted electronically and eliminating references to filing
applications for service by telegraph.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements for form SC-357,
Initial Inspection Request for Regulated Imported Commodities, was
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0125, effective August 1, 2016. AMS has
determined that no changes are required to the information collection
requirements as a result of the changes in this action. Should
additional changes become necessary, they would be submitted to OMB for
approval. AMS is committed to complying with the E-Government Act, to
promote the use of the internet and other information technologies to
provide increased opportunities for citizen access to Government
information and services, and for other purposes.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap or conflict with this rule.
Finally, interested persons are invited to submit comments on this
interim rule, including the regulatory and informational impacts of
this action on small businesses.
This rule invites comments on updates to application requirements
and the administrative change to the inspection, certification and
standards requirements for fresh and processed fruit, vegetable, and
specialty crops. Any comments received will be considered prior to
finalization of this rule.
After consideration of all relevant material presented, it is found
that this interim rule, as hereinafter set forth, will tend to
effectuate the declared policy of the Act of 1946. Pursuant to 5 U.S.C.
553, AMS has found and determined upon good cause that it is
impracticable, unnecessary, and contrary to the public interest to give
preliminary notice prior to putting this rule into effect because: (1)
The changes in this rule reflect current practices; (2) the import
industry is aware of the ITDS initiative and its goal to automate
paper-based processes; (3) CBP is requiring the timely update of import
regulations to meet the ITDS electronic data submission requirement;
and (4) this rule provides a 60-day comment period, and all comments
received will be considered prior to the finalization of this rule.
List of Subjects
7 CFR Part 51
Food grades and standards, Fruits, Nuts, Reporting and
recordkeeping, Vegetables.
7 CFR Part 52
Food grades and standards, Food labeling, Frozen foods, Fruits,
Reporting and recordkeeping requirements, Vegetables.
0
For the reasons set forth in the preamble, 7 CFR parts 51 and 52 are
amended as follows:
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1. The authority citation for parts 51 and 52 continues to read as
follows:
Authority: 7 U.S.C. 1621-1627.
PART 51--FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS (INSPECTION,
CERTIFICATION, AND STANDARDS)
0
2. Revise Sec. 51.6 to read as follows:
Sec. 51.6 How to make application.
An application for inspection service may be filed in an office of
inspection at any market referred to in Sec. 51.4 (b), (c), or (d) or
with any inspector. It may be made in writing, orally, electronically,
or by telephone. If made orally or by telephone, the inspector may
require that it be confirmed by the applicant in writing or
electronically. An application may be made for one or more lots, or it
may be in the nature of a blanket application for inspection of all
designated lots of a given commodity within a particular period, or for
all designated lots loaded or received at a specified point.
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS
0
3. Revise Sec. 52.7 paragraph (a) to read as follows:
Sec. 52.7 Information required in connection with application.
(a) Application for inspection service shall be made in the English
language and may be made orally (in person or by telephone), in
writing, or electronically. If an application for inspection is made
orally, written confirmation may be required by the inspection service
involved.
* * * * *
Dated: December 14, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-30570 Filed 12-20-16; 8:45 am]
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