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)

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, 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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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.

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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]
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