81_FR_1489 81 FR 1481 - Revision To Incorporate the Electronic Submission of the Import Request of Shell Eggs

81 FR 1481 - Revision To Incorporate the Electronic Submission of the Import Request of Shell Eggs

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 8 (January 13, 2016)

Page Range1481-1482
FR Document2016-00438

The Agricultural Marketing Service (AMS) is revising the regulations governing the inspection of eggs to streamline the importation process for table eggs, hatching eggs, and inedible liquid egg by allowing the import request to be filed electronically through the U.S. Customs and Border Protection's (CBP) International Trade Data System.

Federal Register, Volume 81 Issue 8 (Wednesday, January 13, 2016)
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1481-1482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00438]



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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / 
Rules and Regulations

[[Page 1481]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 57

[Doc. No. AMS-LPS-14-0055]
RIN 0581-AD41


Revision To Incorporate the Electronic Submission of the Import 
Request of Shell Eggs

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) is revising the 
regulations governing the inspection of eggs to streamline the 
importation process for table eggs, hatching eggs, and inedible liquid 
egg by allowing the import request to be filed electronically through 
the U.S. Customs and Border Protection's (CBP) International Trade Data 
System.

DATES: This final rule is effective on January 13, 2016.

FOR FURTHER INFORMATION CONTACT: David Bowden, Chief, Standardization 
Branch, Quality Assessment Division, Livestock, Poultry, and Seed 
Program, Agricultural Marketing Service, U.S. Department of 
Agriculture, Stop 0258, Room 3932S, 1400 Independence Avenue SW., 
Washington, DC 20250, by phone (202) 690-3148, or via email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    AMS administers the Shell Egg Surveillance Program, a mandatory 
inspection program for shell eggs under the Egg Products Inspection Act 
(EPIA) (21 U.S.C. 1031 et seq.). This inspection program ensures that 
shell eggs sold to consumers contain no more restricted eggs than are 
permitted in the standards for consumer grades. Restricted eggs may 
contain dirty or cracked shells, eggs leaking internal contents, and 
eggs with meat or blood spots in the interior. Regulations governing 
EPIA are contained in 7 CFR part 57.
    On February 19, 2014, the President signed Executive Order (EO) 
13659, streamlining the export/import process for America's businesses. 
EO 13659 outlines the use of the International Trade Data System 
(ITDS), an efficient and cost effective trade processing infrastructure 
that will modernize and simplify the export and import of cargo. The 
goal of ITDS is to eliminate the redundant reporting of data, replacing 
multiple filings, many of which are on paper, with a single electronic 
filing. AMS participated in the development of ITDS, a government-wide 
project that will allow traders to file shipment data through an 
electronic ``single window'' instead of completing multiple paper-based 
forms to report the same information to different government agencies. 
ITDS will reduce the burden on America's export and import trade, while 
still providing information necessary for the U.S. to ensure compliance 
with its laws. AMS will incorporate electronic filing of import 
requests for shell eggs to comply with EO 13659.

Automated Commercial Environment (ACE) Interface

    CBP has developed the Automated Commercial Environment (ACE), a 
U.S. commercial trade processing system that automates border 
processing of products. The ACE system connects the trade community and 
participating government agencies by providing a single, centralized, 
online access point. When applicants file entries with CBP through ACE, 
relevant data is electronically distributed to appropriate government 
agencies. AMS considers all electronic data entered in ACE as certified 
by the applicant. In addition, AMS considers any electronic records, 
digital images, data, or information from a foreign government for 
foreign inspection and foreign establishment certification to be 
equivalent to paper records and certified by the foreign government. 
When developing, procuring, maintaining, or using electronic 
information technology (EIT), Federal agencies are required by Section 
508(a)(1)(a) of the Rehabilitation Act of 1973 (29 U.S.C. 794d) to 
ensure that EIT is accessible to people with disabilities, including 
employees and members of the public. The ACE interface meets these 
requirements.
    Therefore, for the reasons specified above, we are revising the 
shell egg import regulations to include that applicants may submit LPS 
Form 222-Import Request electronically.

Comments

    A proposed rule to streamline the importation process was published 
in the Federal Register (80 FR 32867) on June 10, 2015. Comments on the 
proposed rule were solicited from interested parties until August 10, 
2015. No comments were received.

Executive Order 12866, 13563, and the Regulatory Flexibility Act

    This action has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget (OMB).
    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 603, we 
have performed an initial regulatory flexibility analysis regarding 
economic effects of this final rule on small entities. Copies of the 
analysis are available by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Based on the information we have, AMS has determined that this 
regulation, as revised, will not have a significant impact on a 
substantial number of small entities.

Executive Order 12988

    This action has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action would have no retroactive effects and would 
not require administrative proceedings before parties may file suit in 
court challenging this rule. Pursuant to section 23 of the EPIA (21 
U.S.C. 1052), states or local jurisdictions are preempted from 
requiring the use of standards of quality, condition, weight, quantity, 
or grade which are in addition to or different from Federal standards 
for any eggs which have moved or are moving in interstate or foreign 
commerce.

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal

[[Page 1482]]

Governments. The review reveals that this regulation will not have 
substantial and direct effects on tribal governments and will not have 
significant tribal implications.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), OMB has approved the information collection and 
recordkeeping requirements included in this final rule, and there are 
no new requirements. Should any changes become necessary, they would be 
submitted to OMB for approval. The assigned OMB control number is 0581-
0113.
    AMS is committed to compliance with the Government Paperwork 
Elimination Act, which requires that, when practicable, Federal 
agencies allow individuals to submit information and transact with the 
agency electronically.

E-Government Act

    AMS is committed to complying with the E-Government Act of 2002 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.

List of Subjects in 7 CFR Part 57

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

    For the reasons set forth in the preamble, 7 CFR part 57 is amended 
as follows:

PART 57--REGULATIONS GOVERNING THE INSPECTION OF EGGS (EGG PRODUCTS 
INSPECTION ACT)

0
1. The authority citation for part 57 continues to read as follows:

    Authority:  21 U.S.C. 1031-1056.


0
2. Revise Sec.  57.920 to read as follows:


Sec.  57.920  Importer to make application for inspection of imported 
eggs.

    Each person importing any eggs as defined in these regulations, 
unless exempted by Sec.  57.960 shall make application for inspection 
upon LPS Form 222- Import Request. The application may be submitted to 
the address located on LPS Form 222, filed through electronic 
submission via [email protected], or by accessing the 
U.S. Customs and Border Protection's International Trade Data System. 
Application shall be made as far in advance as possible prior to the 
arrival of the product. Each application shall state the approximate 
date of product arrival in the United States, the name of the ship or 
other carrier, the country from which the product was shipped, the 
destination, the quantity and class of product, and the point of first 
arrival in the United States.

    Dated: January 7, 2016.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-00438 Filed 1-12-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                                     1481

                                                  Rules and Regulations                                                                                          Federal Register
                                                                                                                                                                 Vol. 81, No. 8

                                                                                                                                                                 Wednesday, January 13, 2016



                                                  This section of the FEDERAL REGISTER                    may contain dirty or cracked shells, eggs              is accessible to people with disabilities,
                                                  contains regulatory documents having general            leaking internal contents, and eggs with               including employees and members of
                                                  applicability and legal effect, most of which           meat or blood spots in the interior.                   the public. The ACE interface meets
                                                  are keyed to and codified in the Code of                Regulations governing EPIA are                         these requirements.
                                                  Federal Regulations, which is published under           contained in 7 CFR part 57.                               Therefore, for the reasons specified
                                                  50 titles pursuant to 44 U.S.C. 1510.
                                                                                                             On February 19, 2014, the President                 above, we are revising the shell egg
                                                  The Code of Federal Regulations is sold by              signed Executive Order (EO) 13659,                     import regulations to include that
                                                  the Superintendent of Documents. Prices of              streamlining the export/import process                 applicants may submit LPS Form 222-
                                                  new books are listed in the first FEDERAL               for America’s businesses. EO 13659                     Import Request electronically.
                                                  REGISTER issue of each week.                            outlines the use of the International                  Comments
                                                                                                          Trade Data System (ITDS), an efficient
                                                                                                          and cost effective trade processing                      A proposed rule to streamline the
                                                  DEPARTMENT OF AGRICULTURE                               infrastructure that will modernize and                 importation process was published in
                                                                                                          simplify the export and import of cargo.               the Federal Register (80 FR 32867) on
                                                  Agricultural Marketing Service                          The goal of ITDS is to eliminate the                   June 10, 2015. Comments on the
                                                                                                          redundant reporting of data, replacing                 proposed rule were solicited from
                                                  7 CFR Part 57                                           multiple filings, many of which are on                 interested parties until August 10, 2015.
                                                  [Doc. No. AMS–LPS–14–0055]                              paper, with a single electronic filing.                No comments were received.
                                                  RIN 0581–AD41
                                                                                                          AMS participated in the development of                 Executive Order 12866, 13563, and the
                                                                                                          ITDS, a government-wide project that                   Regulatory Flexibility Act
                                                  Revision To Incorporate the Electronic                  will allow traders to file shipment data
                                                                                                                                                                    This action has been determined to be
                                                  Submission of the Import Request of                     through an electronic ‘‘single window’’
                                                                                                                                                                 not significant for the purposes of
                                                  Shell Eggs                                              instead of completing multiple paper-
                                                                                                                                                                 Executive Order 12866 and, therefore,
                                                                                                          based forms to report the same
                                                  AGENCY:  Agricultural Marketing Service,                                                                       has not been reviewed by the Office of
                                                                                                          information to different government
                                                  USDA.                                                                                                          Management and Budget (OMB).
                                                                                                          agencies. ITDS will reduce the burden                     In accordance with the Regulatory
                                                  ACTION: Final rule.                                     on America’s export and import trade,                  Flexibility Act, 5 U.S.C. 603, we have
                                                                                                          while still providing information                      performed an initial regulatory
                                                  SUMMARY:   The Agricultural Marketing                   necessary for the U.S. to ensure
                                                  Service (AMS) is revising the                                                                                  flexibility analysis regarding economic
                                                                                                          compliance with its laws. AMS will                     effects of this final rule on small
                                                  regulations governing the inspection of                 incorporate electronic filing of import
                                                  eggs to streamline the importation                                                                             entities. Copies of the analysis are
                                                                                                          requests for shell eggs to comply with                 available by contacting the person listed
                                                  process for table eggs, hatching eggs,                  EO 13659.
                                                  and inedible liquid egg by allowing the                                                                        under FOR FURTHER INFORMATION
                                                  import request to be filed electronically               Automated Commercial Environment                       CONTACT.
                                                  through the U.S. Customs and Border                     (ACE) Interface                                           Based on the information we have,
                                                  Protection’s (CBP) International Trade                                                                         AMS has determined that this
                                                                                                             CBP has developed the Automated                     regulation, as revised, will not have a
                                                  Data System.                                            Commercial Environment (ACE), a U.S.
                                                  DATES: This final rule is effective on
                                                                                                                                                                 significant impact on a substantial
                                                                                                          commercial trade processing system that                number of small entities.
                                                  January 13, 2016.                                       automates border processing of
                                                  FOR FURTHER INFORMATION CONTACT:                        products. The ACE system connects the                  Executive Order 12988
                                                  David Bowden, Chief, Standardization                    trade community and participating                         This action has been reviewed under
                                                  Branch, Quality Assessment Division,                    government agencies by providing a                     Executive Order 12988, Civil Justice
                                                  Livestock, Poultry, and Seed Program,                   single, centralized, online access point.              Reform. This action would have no
                                                  Agricultural Marketing Service, U.S.                    When applicants file entries with CBP                  retroactive effects and would not require
                                                  Department of Agriculture, Stop 0258,                   through ACE, relevant data is                          administrative proceedings before
                                                  Room 3932S, 1400 Independence                           electronically distributed to appropriate              parties may file suit in court challenging
                                                  Avenue SW., Washington, DC 20250, by                    government agencies. AMS considers all                 this rule. Pursuant to section 23 of the
                                                  phone (202) 690–3148, or via email                      electronic data entered in ACE as                      EPIA (21 U.S.C. 1052), states or local
                                                  David.Bowden@ams.usda.gov.                              certified by the applicant. In addition,               jurisdictions are preempted from
                                                  SUPPLEMENTARY INFORMATION:                              AMS considers any electronic records,                  requiring the use of standards of quality,
                                                                                                          digital images, data, or information from              condition, weight, quantity, or grade
                                                  Background                                              a foreign government for foreign                       which are in addition to or different
                                                    AMS administers the Shell Egg                         inspection and foreign establishment                   from Federal standards for any eggs
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Surveillance Program, a mandatory                       certification to be equivalent to paper                which have moved or are moving in
                                                  inspection program for shell eggs under                 records and certified by the foreign                   interstate or foreign commerce.
                                                  the Egg Products Inspection Act (EPIA)                  government. When developing,
                                                  (21 U.S.C. 1031 et seq.). This inspection               procuring, maintaining, or using                       Executive Order 13175
                                                  program ensures that shell eggs sold to                 electronic information technology (EIT),                 This action has been reviewed in
                                                  consumers contain no more restricted                    Federal agencies are required by Section               accordance with the requirements of
                                                  eggs than are permitted in the standards                508(a)(1)(a) of the Rehabilitation Act of              Executive Order 13175, Consultation
                                                  for consumer grades. Restricted eggs                    1973 (29 U.S.C. 794d) to ensure that EIT               and Coordination with Indian Tribal


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                                                  1482             Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations

                                                  Governments. The review reveals that                    as far in advance as possible prior to the             SUPPLEMENTARY INFORMATION:
                                                  this regulation will not have substantial               arrival of the product. Each application
                                                  and direct effects on tribal governments                shall state the approximate date of                    Background
                                                  and will not have significant tribal                    product arrival in the United States, the                 On October 1, 2015, the final rule,
                                                  implications.                                           name of the ship or other carrier, the                 ‘‘Changes to Production Certificates and
                                                                                                          country from which the product was                     Approvals,’’ 80 FR 59021, was
                                                  Paperwork Reduction Act
                                                                                                          shipped, the destination, the quantity                 published in the Federal Register. In
                                                     In accordance with the Paperwork                     and class of product, and the point of
                                                  Reduction Act of 1995 (44 U.S.C.                                                                               that final rule the FAA revised the
                                                                                                          first arrival in the United States.
                                                  Chapter 35), OMB has approved the                                                                              regulations pertaining to certification
                                                                                                            Dated: January 7, 2016.                              requirements for products and articles
                                                  information collection and
                                                                                                          Rex A. Barnes,                                         in part 21 of Title 14 of the Code of
                                                  recordkeeping requirements included in
                                                  this final rule, and there are no new                   Associate Administrator, Agricultural                  Federal Regulations (14 CFR) and
                                                                                                          Marketing Service.                                     removed certain marking requirements
                                                  requirements. Should any changes
                                                  become necessary, they would be                         [FR Doc. 2016–00438 Filed 1–12–16; 8:45 am]            in 14 CFR part 45 applicable to fixed-
                                                  submitted to OMB for approval. The                      BILLING CODE 3410–02–P                                 pitch wooden propellers. The final rule
                                                  assigned OMB control number is 0581–                                                                           afforded production approval holders
                                                  0113.                                                                                                          (PAHs) a number of privileges not
                                                     AMS is committed to compliance                       DEPARTMENT OF TRANSPORTATION                           currently permitted under current
                                                  with the Government Paperwork                                                                                  regulations.
                                                  Elimination Act, which requires that,                   Federal Aviation Administration
                                                                                                                                                                    On December 17, 2015, a correction to
                                                  when practicable, Federal agencies
                                                                                                          14 CFR Parts 21 and 45                                 the final rule, ‘‘Changes to Production
                                                  allow individuals to submit information
                                                  and transact with the agency                                                                                   Certificates and Approvals; Correction,’’
                                                                                                          [Docket No. FAA–2013–0933; Amdt. Nos.
                                                  electronically.                                                                                                80 FR 78650, was published in the
                                                                                                          21–98A and 45–29A
                                                                                                                                                                 Federal Register. In that correction, the
                                                  E-Government Act                                        RIN 2120–AK20                                          FAA revised the effective date of the
                                                     AMS is committed to complying with                                                                          final rule to permit an earlier
                                                                                                          Changes to Production Certificates                     implementation of the rule’s provisions
                                                  the E-Government Act of 2002 to
                                                                                                          and Approvals; Correction
                                                  promote the use of the Internet and                                                                            that allow production approval holders
                                                  other information technologies to                       AGENCY:  Federal Aviation                              to issue authorized release documents
                                                  provide increased opportunities for                     Administration, DOT.                                   for aircraft engines, propellers, and
                                                  citizen access to government                            ACTION: Final rule; correction.                        articles. It also permits an earlier
                                                  information and services, and for other                                                                        implementation date for production
                                                  purposes.                                               SUMMARY:     The Federal Aviation                      certificate holders to manufacture and
                                                  List of Subjects in 7 CFR Part 57                       Administration (FAA) is correcting a                   install interface components, and
                                                                                                          final rule correction published on                     provides earlier relief from the current
                                                    Eggs and egg products, Exports, Food                  December 17, 2015. In that correction,                 requirement that fixed-pitch wooden
                                                  grades and standards, Imports,                          the FAA changed the effective date of
                                                  Reporting and recordkeeping                                                                                    propellers be marked using an approved
                                                                                                          the final rule to permit an earlier                    fireproof method.
                                                  requirements.                                           implementation of the rule’s provisions
                                                    For the reasons set forth in the                      that allow production approval holders                    In the correction to the final rule, it
                                                  preamble, 7 CFR part 57 is amended as                   to issue authorized release documents                  stated that the FAA and EASA have
                                                  follows:                                                for aircraft engines, propellers, and                  agreed to delay the implementation of
                                                                                                          articles. It also permits an earlier                   Change 5 to the Maintenance Annex
                                                  PART 57—REGULATIONS                                     implementation date for production                     Guidance (MAG) until March 29, 2016.
                                                  GOVERNING THE INSPECTION OF                             certificate holders to manufacture and                 The March 29, 2016 referenced date is
                                                  EGGS (EGG PRODUCTS INSPECTION                           install interface components, and                      incorrect, and the correct date is April
                                                  ACT)                                                    provides earlier relief from the current               1, 2016. This action corrects an error in
                                                  ■ 1. The authority citation for part 57                 requirement that fixed-pitch wooden                    the preamble of that document.
                                                  continues to read as follows:                           propellers be marked using an approved
                                                                                                          fireproof method. This action corrects                 Correction
                                                      Authority: 21 U.S.C. 1031–1056.                     an error in the preamble of that                          In FR Doc. 2015-31639, beginning on
                                                  ■   2. Revise § 57.920 to read as follows:              document.                                              page 78650 in the Federal Register of
                                                  § 57.920 Importer to make application for               DATES: This correction is effective                    December 17, 2015, make the following
                                                  inspection of imported eggs.                            January 13, 2016.                                      correction to the preamble:
                                                    Each person importing any eggs as                     FOR FURTHER INFORMATION CONTACT:     For                  On page 78651, in the first column,
                                                  defined in these regulations, unless                    technical questions concerning this                    twelfth line, correct ‘‘March 29’’ to read
                                                  exempted by § 57.960 shall make                         action, contact Priscilla Steward or                   ‘‘April 1’’.
                                                  application for inspection upon LPS                     Robert Cook, Aircraft Certification
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                                                                   Issued under authority provided by 49
                                                  Form 222- Import Request. The                           Service, Production Certification
                                                                                                                                                                 U.S.C. 106(f), 44701(a), and 44703 in
                                                  application may be submitted to the                     Section, AIR–112, Federal Aviation
                                                                                                                                                                 Washington, DC, on December 24, 2015.
                                                  address located on LPS Form 222, filed                  Administration, 800 Independence
                                                  through electronic submission via                       Avenue SW., Washington, DC 20591;                      Lirio Liu,
                                                  QAD.importrequesteggs@ams.usda.gov,                     telephone (202) 267–1656; email:                       Director, Office of Rulemaking.
                                                  or by accessing the U.S. Customs and                    priscilla.steward@faa.gov or telephone:                [FR Doc. 2016–00307 Filed 1–12–16; 8:45 am]
                                                  Border Protection’s International Trade                 (202) 267–1590; email: robert.cook@                    BILLING CODE 4910–13–P
                                                  Data System. Application shall be made                  faa.gov.


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Document Created: 2016-01-13 01:01:11
Document Modified: 2016-01-13 01:01:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on January 13, 2016.
ContactDavid Bowden, Chief, Standardization Branch, Quality Assessment Division, Livestock, Poultry, and Seed Program, Agricultural Marketing Service, U.S. Department of Agriculture, Stop 0258, Room 3932S, 1400 Independence Avenue SW., Washington, DC 20250, by phone (202) 690-3148, or via email [email protected]
FR Citation81 FR 1481 
RIN Number0581-AD41
CFR AssociatedEggs and Egg Products; Exports; Food Grades and Standards; Imports and Reporting and Recordkeeping Requirements

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