81_FR_78272 81 FR 78057 - Amendments to Quality Systems Verification Programs and Conforming Changes

81 FR 78057 - Amendments to Quality Systems Verification Programs and Conforming Changes

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 215 (November 7, 2016)

Page Range78057-78062
FR Document2016-25690

The Agricultural Marketing Service (AMS) proposes to amend its regulations to better reflect the current needs of Quality Systems Verification Program (QSVP) activities and to implement changes created by the merger of the AMS Livestock and Seed Program and the AMS Poultry Programs. These proposed changes include amending the Livestock, Meat, and Other Agricultural Commodities QSVP to expand the commodities under the QSVP to include those authorized under the Agricultural Marketing Act of 1946 (hereafter referred to as ``the Act''), remove reference to ``Livestock, Meat, and Other Commodities'' in the title, more clearly identify and define the types of programs and services offered under QSVP, and make other technical and administrative changes. Simultaneously, AMS proposes to make conforming changes to the regulations pertaining to the Voluntary Grading of Shell Eggs and Voluntary Grading of Poultry Products and Rabbit Products to remove references to audit activities.

Federal Register, Volume 81 Issue 215 (Monday, November 7, 2016)
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Proposed Rules]
[Pages 78057-78062]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25690]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / 
Proposed Rules

[[Page 78057]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 56, 62, and 70

[Doc. # AMS-LPS-15-0057]


Amendments to Quality Systems Verification Programs and 
Conforming Changes

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) proposes to amend its 
regulations to better reflect the current needs of Quality Systems 
Verification Program (QSVP) activities and to implement changes created 
by the merger of the AMS Livestock and Seed Program and the AMS Poultry 
Programs. These proposed changes include amending the Livestock, Meat, 
and Other Agricultural Commodities QSVP to expand the commodities under 
the QSVP to include those authorized under the Agricultural Marketing 
Act of 1946 (hereafter referred to as ``the Act''), remove reference to 
``Livestock, Meat, and Other Commodities'' in the title, more clearly 
identify and define the types of programs and services offered under 
QSVP, and make other technical and administrative changes. 
Simultaneously, AMS proposes to make conforming changes to the 
regulations pertaining to the Voluntary Grading of Shell Eggs and 
Voluntary Grading of Poultry Products and Rabbit Products to remove 
references to audit activities.

DATES: Comments must be received by January 6, 2017. Pursuant to the 
Paperwork Reduction Act, comments on the information collection burden 
that would result from this rulemaking must be received by January 6, 
2017.

ADDRESSES: Comments should be submitted electronically at 
www.regulations.gov. Comments received will be posted without change, 
including any personal information provided. All comments should 
reference the docket number AMS-LPS-15-0057, the date of submission, 
and the page number of this issue of the Federal Register. Comments may 
also be submitted to: Jeffrey Waite, Branch Chief, Auditing Services 
Branch, Quality Assessment Division; Livestock, Poultry, and Seed 
Program, Agricultural Marketing Service, U.S. Department of 
Agriculture; Room 3932S, STOP 0258, 1400 Independence Avenue SW.; 
Washington, DC 20250-0258. Comments will be made available for public 
inspection at the above address during regular business hours or 
electronically at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jeffrey Waite, Branch Chief, Auditing 
Services Branch, Quality Assessment Division; Livestock, Poultry, and 
Seed Program, Agricultural Marketing Service, U.S. Department of 
Agriculture; Room 3932S, STOP 0258, 1400 Independence Avenue SW; 
Washington, DC 20250-0258; telephone (202) 720-4411; or email to 
[email protected].

SUPPLEMENTARY INFORMATION: 

Executive Orders 12866 and 13563

    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. 
This rulemaking has been determined to be not significant for purposes 
of Executive Order 12866 or Executive Order 13563. Accordingly, the 
Office of Management and Budget (OMB) has waived the review process.

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this proposed regulation 
would not have substantial and direct effects on Tribal governments and 
would not have significant Tribal implications.

Regulatory Flexibility Act

    AMS has determined that this proposed rule will not have a 
significant impact on a substantial number of small entities, as 
defined by the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), 
because the services are voluntary and provided on a fee-for-service 
basis and are not subject to scalability based on the business size. 
The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions so small businesses will not be 
unduly or disproportionately burdened. As such, these changes will not 
impose a significant impact on applicants requesting service under the 
program.
    Currently, approximately 950 applicants subscribe to AMS' 
voluntary, fee-for-services that are subject to the requirements of 
this regulation. The U.S. Small Business Administration's Table of 
Small Business Size Standards matched to the North American Industry 
Classification System Codes identifies small business size by average 
annual receipts or by the average number of employees at a firm. This 
information can be found in the CFR at 13 CFR parts 121.104, 121.106, 
and 121.201.
    AMS requires that all applicants for service provide information 
about their company for the purpose of processing bills. Information 
collected from an applicant includes company name, address, billing 
address, and similar information. AMS does not collect information 
about the size of the business. However, based on working knowledge of 
these operations, AMS estimates that roughly 25 percent of current 
applicants may be classified as small entities. It is not anticipated 
that this action would impose additional costs to applicants, 
regardless of size. Current applicants will not be required to provide 
any additional information to receive service. The effects of this 
proposed rule are not expected to be disproportionately greater or less 
for small applicants than for larger applications. As described above, 
these are voluntary, fee-for-service activities.
    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.

[[Page 78058]]

    USDA has not identified any relevant federal rules that duplicate, 
overlap, or conflict with this rulemaking.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), this proposed rule will not change the information 
collection and recordkeeping requirements previously approved, and will 
not impose additional reporting or recordkeeping burden on users of 
these voluntary services; however, the overall reporting and 
recordkeeping burden would increase due to the anticipated increase in 
number of respondents.
    The information collection and recordkeeping requirements of this 
part have been approved by OMB under 44 U.S.C. Chapter 35 and have been 
assigned OMB Control Number 0581-0128.
    In September 2014, three separate OMB collections--OMB 0581-0127, 
OMB 0581-0124, and OMB 0581-0128--were merged, such that the current 
OMB 0581-0128 pertains to Regulations for Voluntary Grading, 
Certification, and Standards and includes 7 CFR parts 54, 56, 62, and 
70.
    In the past fiscal year, AMS' Livestock, Poultry, and Seed Program 
(LPS) has received approximately 50 inquiries related to the 
verification of non-genetically engineered products. Of these 
inquiries, 72 percent identified with industries outside the scope of 
LPS commodities, including the manufacture of dairy, fruits, 
vegetables, grains, wood products, and food and feed supplements; 8 
percent identified with current industries serviced by LPS (meat and 
poultry manufacturing or processing, laboratories, feed manufactures); 
and 20 percent were identified as a service provider or an association 
not directly related to a service category. AMS does not expect the 
last group to submit an application for service; thus, the group was 
not included as a potential applicant.
    USDA has considered the reporting and recordkeeping burden on 
applicants under this program. Currently, applicants are required to 
complete an application for service and submit documentation. 
Recordkeeping requirements would remain the same, though the overall 
burden is expected to increase due to an increase in applications. As 
previously stated, of approximately 50 inquiries for an existing 
service received by LPS, approximately three-fourths of these inquiries 
represented new commodities, which could potentially increase the 
overall reporting and recordkeeping burden. Accordingly, if the 
proposed rule is adopted, and if two-thirds of the inquirers seek 
service, then LPS estimates the number of respondents will increase by 
25, thereby increasing the overall reporting and recordkeeping burden 
by 602.50 hours, from 1205.80 hours to 1808.30 hours annually.
    Since this action proposes to expand the scope of covered 
commodities, which is expected to increase the number of respondents, 
the already approved OMB 0158-0128 must be revised to reflect the 
increased reporting and recordkeeping burden. Therefore, AMS will 
submit a Justification for Change to OMB for approval to increase these 
burden hours to OMB number 0158-0128.
    A 60-day comment period is provided to allow interested persons an 
opportunity to respond to this proposal. All written comments received 
will be considered before a final determination is made on this matter.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This proposed rule is not intended to have 
retroactive effect. The Act prohibits States or political subdivisions 
of a State to impose any requirement that is in addition to, or 
inconsistent with, any requirement of the Act. There are no civil 
justice implications associated with this proposed rule.

Civil Rights Review

    AMS has considered the potential civil rights implications of this 
proposed rule on minorities, women, or persons with disabilities to 
ensure that no person or group shall be discriminated against on the 
basis of race, color, national origin, gender, religion, age, 
disability, sexual orientation, marital or family status, political 
beliefs, parental status, or protected genetic information. This 
proposed rule does not require affected entities to relocate or alter 
their operations in ways that could adversely affect such persons or 
groups. Further, this proposed rule will not deny any persons or groups 
the benefits of the program or subject any persons or groups to 
discrimination.

Executive Order 13132

    This proposed rule has been reviewed under Executive Order 13132, 
Federalism. This Order directs agencies to construe, in regulations and 
otherwise, a federal statute to preempt State law only when the statute 
contains an express preemption provision. There are no federalism 
implications associated with this proposed rule.

Background and Proposed Revisions

    The Act directs and authorizes the Secretary of Agriculture to 
facilitate the competitive and efficient marketing of agricultural 
products. AMS programs support a strategic marketing perspective that 
adapts product and marketing decisions to consumer demands, changing 
domestic and international marketing practices, and new technology. AMS 
provides impartial verification services that ensure agricultural 
products meet specified requirements. These services include AMS' 
grading program, which verifies that product meets USDA grade 
standards. In addition, AMS provides direct certification of products 
in the facilities that manufacture them. Product characteristics such 
as manner of cut, color, and other attributes can be directly examined 
by an AMS employee to determine if a specification has been met, and 
the product can be stamped and marketed as ``USDA Certified'' or ``USDA 
Accepted as Specified.'' These services are voluntary, with users 
paying for the cost of the requested service.
    Over time, industry began to request AMS verification of factors 
that were not apparent through an examination of the livestock or 
products at a processing facility. Industry desired the ability to 
market factors related to raising of the livestock, such as feeding 
regimen, in relation to the resulting products, and to do so with 
assurance to their customers.
    To accommodate these requests for verification, AMS began 
conducting audits of livestock production facilities as a part of its 
third-party verification services. Ultimately, in 2001, AMS developed 
the QSVP, a suite of audit-based programs that can provide confidence 
that process points, such as livestock feeding regimen, are being 
adhered to at the farm or ranch before the livestock are processed and 
enter commerce as a meat product with an associated marketing claim.
    The USDA Process Verified Program (PVP) is one program under QSVP. 
PVP provides producers and marketers of livestock, seed products, and 
poultry products a way to assure customers of their ability to provide 
consistent quality products by having written production and 
manufacturing processes confirmed through independent, third-party 
audits. Under PVP, companies outline their own specific requirements, 
and AMS ensures adherence to those processes via routine audits. This 
is in contrast to other QSVP services offered by AMS, such as the 
Quality Systems Assessment Program (QSA), which have program

[[Page 78059]]

requirements outlined by AMS or a party other than the producers or 
marketer. For example, most of AMS' QSVP audit activities fall under 
the category of Export Verification activities, which are based on 
government-to-government agreements with international trading partners 
regarding specific foreign market requirements.
    Several factors triggered AMS' review of the regulations describing 
QSVP activities. First, an organizational merger in 2013 combined the 
Livestock and Seed Program and Poultry Programs to create the 
Livestock, Poultry, and Seed (LPS) Program within AMS. Prior to the 
merger, both Programs administered parallel QSVP services to their 
respective industries. These activities were carried out under 7 CFR 
part 62 for livestock, meat, and related commodities and under 7 CFR 
part 56 and 7 CFR part 70 for shell eggs and poultry industries, 
respectively.
    Currently, all QSVP services are delivered by the same management 
unit and operate by the same procedures (e.g., application process and 
audit process), and audits are in large measure conducted by the same 
personnel. Therefore, AMS proposes to remove any references to audit 
and verification activities contained in 7 CFR parts 56 and 70 and 
incorporate the commodities currently covered in those parts (i.e., 
shell eggs and poultry) into 7 CFR part 62.
    Because 7 CFR part 62 accurately describes the process by which 
these services are provided, AMS is proposing to amend the definition 
of products describing the commodities covered under voluntary QSVP 
services to include products authorized by the Act. Rather than 
limiting the product type to an individual program within AMS, AMS 
believes it is more appropriate to expand the definition of products to 
efficiently manage the QSVP, including the PVP. AMS seeks to maintain 
uniformity, transparency, and efficiency of service delivery of the 
QSVP, including the PVP. Without expanding the definition of products, 
AMS would be required to establish and maintain duplicate programs in 
each commodity area that would essentially carry out the same functions 
in regard to delivering the QSVP, including the PVP.
    Other changes proposed are administrative in nature. For example, 
because AMS is proposing to expand the scope of commodities that 
companies can voluntary have verified by AMS under a QSVP, AMS is also 
proposing to amend the title of the regulations to remove limiting 
references to ``livestock and meat.'' Additionally, the USDA Office of 
the Inspector General (OIG) completed an audit in 2015 of the PVP and 
recommended that AMS take additional steps to unify the program, as it 
was delivered under the same heading.
    Additional administrative changes are necessary to reflect the 
current terminology and organizational structure of AMS. These 
amendments include changing the name of the Program to reflect the 
merger of the Livestock and Seed Program and Poultry Programs into the 
Livestock, Poultry, and Seed Program. Subsequently, LPS' Quality 
Assessment Division was created to oversee the Audit Services Branch, 
Grading Services Branch, and Standardization Branch. The Audit Services 
Branch replaced the Audit, Review, and Compliance Branch of the 
Livestock and Seed Program and incorporated auditing services that were 
part of the Grading Branch of Poultry Programs. Certain managerial 
titles were also updated with the merger: a Director was established, 
along with an Audit Services Branch Chief.

List of Subjects

7 CFR Part 56

    Grading of shell eggs, Inspections, Marketing practices, Standards.

7 CFR Part 62

    Inspections, Marketing practices, Quality Systems Verification, 
Standards.

7 CFR Part 70

    Inspections, Marketing practices, Standards, Voluntary Grading of 
Poultry Products and Rabbit Products.

    For the reasons set forth in the preamble, AMS proposes to amend 7 
CFR parts 56, 62, and 70 as follows:

PART 56--VOLUNTARY GRADING OF SHELL EGGS

0
1. The authority citation for 7 CFR part 56 continues to read as 
follows:

    Authority:  7 U.S.C. 1621-1627.
0
2. Amend Sec.  56.1 by:
0
a. Removing the paragraph containing the term and definition for 
Auditing services;
0
b. Adding in alphabetical order definitions for Branch and Chief;
0
c. Removing the definition for Chief of the Grading Branch;
0
d. Adding in alphabetical order a definition for Division; and
0
 e. Revising the definitions of Official standards, United States 
Standards for Quality of Individual Shell Eggs, and United States 
Standards, Grades, and Weight Classes for Shell Eggs (AMS 56).
    The additions and revisions read as follows:


Sec.  56.1  Meaning of words and terms defined.

* * * * *
    Branch means the Grading Services Branch for the Quality 
Assessment Division.
* * * * *
    Chief means the Chief of the Grading Services Branch for the 
Quality Assessment Division.
* * * * *
    Division means the Quality Assessment Division of the Livestock, 
Poultry, and Seed Program.
* * * * *
    Official standards means the official U.S. standards grades, and 
weight classes for shell eggs maintained by and available from the 
Livestock, Poultry, and Seed Program.
* * * * *
    United States Standards for Quality of Individual Shell Eggs 
means the official U.S. Standards, Grades, and Weight Classes for 
Shell Eggs (AMS 56) that are maintained by and available from the 
Livestock, Poultry, and Seed Program.
* * * * *
    United States Standards, Grades, and Weight Classes for Shell 
Eggs (AMS 56) means the official U.S. standards, grades, and weight 
classes for shell eggs that are maintained by and available from the 
Livestock, Poultry, and Seed Program.
* * * * *


Sec.  56.28  [Amended]

0
3. Amend Sec.  56.28 by removing paragraph (d).
0
4. Amend Sec.  56.46 by revising paragraph (a), revising paragraphs 
(b)(1)(i) through (iii), and removing paragraph (d).
    The revisions read as follows:


Sec.  56.46  On a fee basis.

    (a) Unless otherwise provided in this part, the fees to be charged 
and collected for any service performed, in accordance with this part, 
on a fee basis shall be based on the applicable formulas specified in 
this section. For each calendar year or crop year, AMS will calculate 
the rate for grading services, per hour per program employee using the 
following formulas:
    (1) Regular rate. The total AMS grading personnel direct pay 
divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase, plus the benefits rate, plus the 
operating rate, plus the allowance for bad debt rate. If applicable, 
travel expenses may also be added to the cost of providing the service.
    (2) Overtime rate. The total AMS grading personnel direct pay 
divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 1.5 plus 
the benefits rate, plus the

[[Page 78060]]

operating rate, plus an allowance for bad debt. If applicable, travel 
expenses may also be added to the cost of providing the service.
    (3) Holiday rate. The total AMS grading personnel direct pay 
divided by direct hours which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 2, plus 
benefits rate, plus the operating rate, plus an allowance for bad debt. 
If applicable, travel expenses may also be added to the cost of 
providing the service.
    (b)(1) * * *
    (i) Benefits rate. The total AMS grading direct benefits costs 
divided by the total hours (regular, overtime, and holiday) worked, 
which is then multiplied by the next calendar year's percentage cost of 
living increase. Some examples of direct benefits are health insurance, 
retirement, life insurance, and Thrift Savings Plan (TSP) retirement 
basic and matching contributions.
    (ii) Operating rate. The total AMS grading operating costs divided 
by total hours (regular, overtime, and holiday) worked, which is then 
multiplied by the percentage of inflation.
    (iii) Allowance for bad debt rate. Total AMS grading allowance for 
bad debt divided by total hours (regular, overtime, and holiday) 
worked.
* * * * *
0
5. Amend Sec.  56.61 by revising paragraph (b) to read as follows:


Sec.  56.61  Where to file an appeal.

* * * * *
    (b) All other appeal requests. Any interested party who is not 
satisfied with the determination of the class, quality, quantity, or 
condition of product which has left the official plant where it was 
graded or which was graded other than in an official plant may request 
an appeal grading by filing such request with the regional director in 
the area where the product is located or with the Chief.
0
6. Amend Sec.  56.64 by revising paragraph (c) to read as follows:


Sec.  56.64  Who shall perform the appeal.

* * * * *
    (c) Whenever practical, an appeal grading shall be conducted 
jointly by two graders. The assignment of the grader(s) who will make 
the appeal grading requested under Sec.  56.61(b) shall be made by the 
regional director or the Chief.

PART 62--QUALITY SYSTEMS VERIFICATION PROGRAMS

0
7. The authority citation for 7 CFR part 62 continues to read as 
follows:

    Authority:  7 U.S.C. 1621-1627.
0
8. Amend part 62 by revising the heading to read as set forth above and 
revising all references to ``Livestock and Seed Program'' to read 
``Livestock, Poultry, and Seed Program,'' and revise all references to 
``LS Program'' to read ``LPS Program'' wherever they occur.

Subpart A--Quality Systems Verification Programs

0
9. Amend part 62 by revising the heading to Subpart A to read as set 
forth above.
0
10. Amend Sec.  62.000 by:
0
a. Removing the definitions for Branch and Chief;
0
b. Revising the definition of Conformance;
0
c. Adding in alphabetical order definitions for Division and Division 
Director;
0
d. Removing the definition of Livestock; and
0
e. Revising the definitions for Products, QSVP Procedures, and Quality 
Systems Verification Programs (QSVP).
    The revisions and additions read as follows:


Sec.  62.000  Meaning of terms.

* * * * *
    Conformance. The fulfillment of criteria or a requirement.
* * * * *
    Division. The Quality Assessment Division (QAD) of the 
Livestock, Poultry, and Seed Program.
    Division Director. The Director of QAD, or any officer or 
employee of the Livestock, Poultry, and Seed Program to whom 
authority has been delegated, or to whom authority may be delegated, 
to act in the Director's stead.
* * * * *
    Products. All agricultural commodities and services within the 
scope of the Agricultural Marketing Act of 1946, et seq.
    QSVP Procedures. The requirements and guidelines set forth by 
the Agricultural Marketing Service regarding the development, 
documentation, and implementation of QSVP.
* * * * *
    Quality System Verification Programs (QSVP). A collection of 
voluntary, audit-based, user-fee programs that allow applicants to 
have program documentation and program processes assessed by an AMS 
auditor.
* * * * *


Sec.  62.200  [Amended]

0
11. Amend Sec.  62.200 by removing paragraph (b).
0
12. Revise Sec.  62.202 to read as follows:


Sec.  62.202  How to apply for service.

    Applicants may apply for QSVP services by submitting the following 
information to the QAD office by email to [email protected] 
or by mail to: USDA, AMS, LPS, QAD, 1400 Independence Avenue SW., STOP 
0258, Washington, DC 20250-0258.
    (a) A completed LPS-109, Application for Service;
    (b) A letter requesting QSVP services; and
    (c) A complete copy of the applicant's program documentation, as 
described in the QSVP procedures.
0
13. Revise Sec.  62.203 to read as follows:


Sec.  62.203  How to withdraw service.

    Service may be withdrawn by the applicant at any time, provided 
that the applicant notifies QAD in writing of his/her desire to 
withdraw the application for service and pays any expenses the 
Department has incurred in connection with such application.
0
14. Amend Sec.  62.207 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  62.207  Official assessment.

* * * * *
    (b) Program assessment. Auditors and USDA officials shall conduct 
an on-site assessment of the applicant's program to ensure provisions 
of the applicant's program documentation have been implemented and 
conform to QSVP procedures.
    (c) Program determination. Applicants determined to meet or not 
meet QSVP procedures or the applicant's program requirements shall be 
notified of their program's approval or disapproval.
* * * * *
0
15. Amend Sec.  62.208 by revising the introductory text and paragraphs 
(a), (b), and (e) to read as follows:


Sec.  62.208  Publication of QSVP assessment status.

    Approved programs shall be posted for public reference on the 
agency Web site. Such postings shall include:
    (a) Applicant name and contact information; and
    (b) Products, services, process points, or standards included in 
the scope of approval.
* * * * *
    (e) Any other information deemed necessary by the Director.
0
16. Revise Sec.  62.209 to read as follows:


Sec.  62.209  Reassessment.

    Approved programs are subject to periodic reassessments to ensure 
ongoing conformance with LPS QSVP procedures covered under the scope of 
approval. The frequency of reassessments shall be based on LPS QSVP 
procedures, or as determined by the Director.

[[Page 78061]]

0
17. Amend Sec.  62.210 by revising paragraph (b) introductory text, 
(b)(5), and (c) to read as follows:


Sec.  62.210  Denial, suspension, or cancellation of service.

* * * * *
    (b) QSVP services may be suspended if the applicant fails to 
maintain its program requirements, or conform to LPS Program QSVP 
procedures; such as failure to:
* * * * *
    (5) Submit significant changes to an approved program and seek 
approval from the Program Manager or Program Review Committee, as 
appropriate, prior to implementation of significant changes to an 
approved program;
* * * * *
    (c) QSVP services may be cancelled, an application may be rejected, 
or program assessment may be terminated if the Director or his designee 
determines that a nonconformance has remained uncorrected beyond a 
reasonable amount of time.
0
18. In Sec.  62.211, revise the introductory text and paragraph (a) to 
read as follows:


Sec.  62.211  Appeals.

    Appeals of adverse decisions under this part, may be made in 
writing to the Director at 1400 Independence Avenue SW.; Room 3932-S, 
STOP 0258; Washington, DC 20250-0201. Appeals must be made within 30 
days of receipt of adverse decision.
    (a) Procedure for appeals. Actions under this paragraph concerning 
decision of appeals of the Director shall be conducted in accordance 
with the Rules of Practice Governing Formal Adjudicatory Proceedings 
Instituted by the Secretary under various statutes set forth at 7 CFR 
1.130 through 1.151 and the Supplemental Rules of Practice in 7 CFR 
part 50.
* * * * *
0
19. Revise Sec.  62.213 to read as follows:


Sec.  62.213  Official identification.

    The following, as shown in Figure 1, constitutes official 
identification to show product or services produced under an approved 
USDA Process Verified Program (PVP):
[GRAPHIC] [TIFF OMITTED] TP07NO16.002

    (a) Products or services produced under an approved USDA PVP may 
use the ``USDA Process Verified'' statement and the ``USDA Process 
Verified'' shield, so long as each is used in direct association with a 
clear description of the process verified points approved by the 
Division.
    (b) The USDA Process Verified shield must replicate the form and 
design of the example in Figure 1 and must be printed legibly and 
conspicuously:
    (1) On a white background with a gold trimmed shield, with the term 
``USDA'' in white overlaying a blue upper third of the shield, the term 
``PROCESS'' in black overlaying a white middle third of the shield, and 
term ``VERIFIED'' in white overlaying a red lower third of the shield.
    (2) On a white or transparent background with a black trimmed 
shield, with the term ``USDA'' in white overlaying a black upper third 
of the shield, the term ``PROCESS'' in black overlaying a white middle 
third of the shield, and the term ``VERIFIED'' in white overlaying a 
black lower third of the shield.
    (c) Use of the ``USDA Process Verified'' statement and the ``USDA 
Process Verified'' shield shall be approved in writing by the Director 
prior to use by an applicant.
0
20. Amend Sec.  62.300 by revising paragraph (e) to read as follows:


Sec.  62.300  Fees and other costs of service.

* * * * *
    (e) Other costs. When costs, other than those costs specified in 
paragraphs (a) through (c) of this section, are involved in providing 
the QSVP services, the applicant shall be responsible for these costs. 
The amount of these costs shall be determined administratively by the 
Division. However, the applicant will be notified of these costs before 
the service is rendered.
0
21. Revise Sec.  62.400 to read as follows:


Sec.  62.400  OMB control number assigned pursuant to the Paperwork 
Reduction Act.

    The information collection and recordkeeping requirements of this 
part have been approved by OMB under 44 U.S.C. Chapter 35 and have been 
assigned OMB Control Number 0581-0128.

PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS

0
22. The authority citation for part 70 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.

0
23. Amend Sec.  70.1 by:
0
a. Removing the definition for Auditing services;
0
 b. Adding in alphabetical order definitions for Branch and Chief;
0
c. Removing the definition of Chief of the Grading Branch; and
0
d. Adding in alphabetical order a definition for Division.
    The additions read as follows:


Sec.  70.1  Definitions.

* * * * *
    Branch means the Grading Services Branch for the Quality 
Assessment Division.
* * * * *
    Chief means the Chief of the Grading Services Branch for the 
Quality Assessment Division.
    Division means the Quality Assessment Division of the Livestock, 
Poultry, and Seed Program, AMS.
* * * * *


Sec.  70.4  [Amended]

0
24. Amend Sec.  70.4 by removing paragraph (c).
0
25. Amend Sec.  70.6 by revising paragraph (a) to read as follows:


Sec.  70.6  OMB control number.

    (a) Purpose. The collecting of information requirements in this 
part has been approved by the Office of Management and Budget (OMB) and 
assigned OMB control number 0581-0128.
* * * * *
0
26. Amend Sec.  70.71 by revising the introductory text and paragraphs 
(a) and (b)(1)(i) through (iii) and by removing paragraph (d).
    The revisions read as follows:


Sec.  70.71  On a fee basis.

* * * * *
    (a) For each calendar year, AMS will calculate the rate for grading 
services, per hour per program employee using the following formulas:
    (1) Regular rate. The total AMS grading personnel direct pay 
divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase, plus the benefits rate, plus the 
operating rate, plus the allowance for bad debt rate. If applicable, 
travel expenses may also be

[[Page 78062]]

added to the cost of providing the service.
    (2) Overtime rate. The total AMS grading personnel direct pay 
divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 1.5 plus 
the benefits rate, plus the operating rate, plus an allowance for bad 
debt. If applicable, travel expenses may also be added to the cost of 
providing the service.
    (3) Holiday rate. The total AMS grading personnel direct pay 
divided by direct hours, which is then multiplied by the next year's 
percentage of cost of living increase and then multiplied by 2, plus 
benefits rate, plus the operating rate, plus an allowance for bad debt. 
If applicable, travel expenses may also be added to the cost of 
providing the service.
    (b)(1) * * *
    (i) Benefits rate. The total AMS grading direct benefits costs 
divided by the total hours (regular, overtime, and holiday) worked, 
which is then multiplied by the next calendar year's percentage cost of 
living increase. Some examples of direct benefits are health insurance, 
retirement, life insurance, and Thrift Savings Plan (TSP) retirement 
basic and matching contributions.
    (ii) Operating rate. AMS' grading total operating costs divided by 
total hours (regular, overtime, and holiday) worked, which is then 
multiplied by the percentage of inflation.
    (iii) Allowance for bad debt rate. Total AMS grading allowance for 
bad debt divided by total hours (regular, overtime, and holiday) 
worked.
* * * * *
0
27. Amend Sec.  70.101 by revising paragraph (b) to read as follows:


Sec.  70.101  Where to file an appeal.

* * * * *
    (b) All other appeal requests. Any interested party who is not 
satisfied with the determination of the class, quality, quantity, or 
condition of product which has left the official plant where it was 
graded, or which was graded other than in an official plant, may 
request an appeal grading by filing such request with the regional 
director in the area where the product is located or with the Chief.
0
28. Amend Sec.  70.104 by revising paragraph (c) to read as follows:


Sec.  70.104  Who shall perform the appeal.

* * * * *
    (c) Whenever practical, an appeal grading shall be conducted 
jointly by two graders. The assignment of the grader(s) who will make 
the appeal grading requested under Sec.  70.101(b) shall be made by the 
regional director or the Chief.

    Dated: October 19, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-25690 Filed 11-4-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                               78057

                                               Proposed Rules                                                                                                Federal Register
                                                                                                                                                             Vol. 81, No. 215

                                                                                                                                                             Monday, November 7, 2016



                                               This section of the FEDERAL REGISTER                    reference the docket number AMS–LPS–                  Regulatory Flexibility Act
                                               contains notices to the public of the proposed          15–0057, the date of submission, and                     AMS has determined that this
                                               issuance of rules and regulations. The                  the page number of this issue of the
                                               purpose of these notices is to give interested                                                                proposed rule will not have a significant
                                                                                                       Federal Register. Comments may also                   impact on a substantial number of small
                                               persons an opportunity to participate in the            be submitted to: Jeffrey Waite, Branch
                                               rule making prior to the adoption of the final                                                                entities, as defined by the Regulatory
                                               rules.
                                                                                                       Chief, Auditing Services Branch,                      Flexibility Act (RFA) (5 U.S.C. 601–
                                                                                                       Quality Assessment Division; Livestock,               612), because the services are voluntary
                                                                                                       Poultry, and Seed Program, Agricultural               and provided on a fee-for-service basis
                                               DEPARTMENT OF AGRICULTURE                               Marketing Service, U.S. Department of                 and are not subject to scalability based
                                                                                                       Agriculture; Room 3932S, STOP 0258,                   on the business size. The purpose of the
                                               Agricultural Marketing Service                          1400 Independence Avenue SW.;                         RFA is to fit regulatory actions to the
                                                                                                       Washington, DC 20250–0258.                            scale of businesses subject to such
                                               7 CFR Parts 56, 62, and 70                              Comments will be made available for                   actions so small businesses will not be
                                               [Doc. # AMS–LPS–15–0057]
                                                                                                       public inspection at the above address                unduly or disproportionately burdened.
                                                                                                       during regular business hours or                      As such, these changes will not impose
                                               Amendments to Quality Systems                           electronically at www.regulations.gov.                a significant impact on applicants
                                               Verification Programs and Conforming                    FOR FURTHER INFORMATION CONTACT:                      requesting service under the program.
                                               Changes                                                 Jeffrey Waite, Branch Chief, Auditing                    Currently, approximately 950
                                                                                                       Services Branch, Quality Assessment                   applicants subscribe to AMS’ voluntary,
                                               AGENCY:  Agricultural Marketing Service,                                                                      fee-for-services that are subject to the
                                                                                                       Division; Livestock, Poultry, and Seed
                                               USDA.                                                                                                         requirements of this regulation. The
                                                                                                       Program, Agricultural Marketing
                                               ACTION: Proposed rule.                                                                                        U.S. Small Business Administration’s
                                                                                                       Service, U.S. Department of Agriculture;
                                                                                                       Room 3932S, STOP 0258, 1400                           Table of Small Business Size Standards
                                               SUMMARY:   The Agricultural Marketing
                                                                                                       Independence Avenue SW; Washington,                   matched to the North American
                                               Service (AMS) proposes to amend its
                                                                                                       DC 20250–0258; telephone (202) 720–                   Industry Classification System Codes
                                               regulations to better reflect the current
                                                                                                       4411; or email to jeffrey.waite@                      identifies small business size by average
                                               needs of Quality Systems Verification
                                                                                                       ams.usda.gov.                                         annual receipts or by the average
                                               Program (QSVP) activities and to
                                                                                                                                                             number of employees at a firm. This
                                               implement changes created by the                        SUPPLEMENTARY INFORMATION:                            information can be found in the CFR at
                                               merger of the AMS Livestock and Seed
                                                                                                       Executive Orders 12866 and 13563                      13 CFR parts 121.104, 121.106, and
                                               Program and the AMS Poultry Programs.
                                                                                                                                                             121.201.
                                               These proposed changes include                             Executive Orders 12866 and 13563                      AMS requires that all applicants for
                                               amending the Livestock, Meat, and                       direct agencies to assess all costs and               service provide information about their
                                               Other Agricultural Commodities QSVP                     benefits of available regulatory                      company for the purpose of processing
                                               to expand the commodities under the                     alternatives and, if regulation is                    bills. Information collected from an
                                               QSVP to include those authorized under                  necessary, to select regulatory                       applicant includes company name,
                                               the Agricultural Marketing Act of 1946                  approaches that maximize net benefits                 address, billing address, and similar
                                               (hereafter referred to as ‘‘the Act’’),                 (including potential economic,                        information. AMS does not collect
                                               remove reference to ‘‘Livestock, Meat,                  environmental, public health and safety               information about the size of the
                                               and Other Commodities’’ in the title,                   effects, distributive impacts, and                    business. However, based on working
                                               more clearly identify and define the                    equity). Executive Order 13563                        knowledge of these operations, AMS
                                               types of programs and services offered                  emphasizes the importance of                          estimates that roughly 25 percent of
                                               under QSVP, and make other technical                    quantifying both costs and benefits,                  current applicants may be classified as
                                               and administrative changes.                             reducing costs, harmonizing rules, and                small entities. It is not anticipated that
                                               Simultaneously, AMS proposes to make                    promoting flexibility. This rulemaking                this action would impose additional
                                               conforming changes to the regulations                   has been determined to be not                         costs to applicants, regardless of size.
                                               pertaining to the Voluntary Grading of                  significant for purposes of Executive                 Current applicants will not be required
                                               Shell Eggs and Voluntary Grading of                     Order 12866 or Executive Order 13563.                 to provide any additional information to
                                               Poultry Products and Rabbit Products to                 Accordingly, the Office of Management                 receive service. The effects of this
                                               remove references to audit activities.                  and Budget (OMB) has waived the                       proposed rule are not expected to be
                                               DATES: Comments must be received by                     review process.                                       disproportionately greater or less for
                                               January 6, 2017. Pursuant to the                                                                              small applicants than for larger
                                               Paperwork Reduction Act, comments on                    Executive Order 13175
                                                                                                                                                             applications. As described above, these
                                               the information collection burden that                    This action has been reviewed in                    are voluntary, fee-for-service activities.
                                               would result from this rulemaking must                  accordance with the requirements of                      AMS is committed to complying with
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               be received by January 6, 2017.                         Executive Order 13175, Consultation                   the E-Government Act of 2002 to
                                               ADDRESSES: Comments should be                           and Coordination with Indian Tribal                   promote the use of the Internet and
                                               submitted electronically at                             Governments. The review reveals that                  other information technologies to
                                               www.regulations.gov. Comments                           this proposed regulation would not have               provide increased opportunities for
                                               received will be posted without change,                 substantial and direct effects on Tribal              citizen access to government
                                               including any personal information                      governments and would not have                        information and services, and for other
                                               provided. All comments should                           significant Tribal implications.                      purposes.


                                          VerDate Sep<11>2014   13:12 Nov 04, 2016   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\07NOP1.SGM   07NOP1


                                               78058                Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Proposed Rules

                                                 USDA has not identified any relevant                  rule is adopted, and if two-thirds of the             Background and Proposed Revisions
                                               federal rules that duplicate, overlap, or               inquirers seek service, then LPS                         The Act directs and authorizes the
                                               conflict with this rulemaking.                          estimates the number of respondents                   Secretary of Agriculture to facilitate the
                                                                                                       will increase by 25, thereby increasing               competitive and efficient marketing of
                                               Paperwork Reduction Act
                                                                                                       the overall reporting and recordkeeping               agricultural products. AMS programs
                                                 In accordance with the Paperwork                      burden by 602.50 hours, from 1205.80
                                               Reduction Act of 1995 (44 U.S.C.                                                                              support a strategic marketing
                                                                                                       hours to 1808.30 hours annually.                      perspective that adapts product and
                                               Chapter 35), this proposed rule will not                   Since this action proposes to expand
                                               change the information collection and                                                                         marketing decisions to consumer
                                                                                                       the scope of covered commodities,
                                               recordkeeping requirements previously                                                                         demands, changing domestic and
                                                                                                       which is expected to increase the
                                               approved, and will not impose                                                                                 international marketing practices, and
                                                                                                       number of respondents, the already
                                               additional reporting or recordkeeping                                                                         new technology. AMS provides
                                                                                                       approved OMB 0158–0128 must be
                                               burden on users of these voluntary                                                                            impartial verification services that
                                                                                                       revised to reflect the increased reporting
                                               services; however, the overall reporting                                                                      ensure agricultural products meet
                                                                                                       and recordkeeping burden. Therefore,
                                               and recordkeeping burden would                                                                                specified requirements. These services
                                                                                                       AMS will submit a Justification for
                                               increase due to the anticipated increase                                                                      include AMS’ grading program, which
                                                                                                       Change to OMB for approval to increase
                                               in number of respondents.                                                                                     verifies that product meets USDA grade
                                                                                                       these burden hours to OMB number
                                                 The information collection and                                                                              standards. In addition, AMS provides
                                                                                                       0158–0128.
                                               recordkeeping requirements of this part                                                                       direct certification of products in the
                                                                                                          A 60-day comment period is provided
                                               have been approved by OMB under 44                                                                            facilities that manufacture them.
                                                                                                       to allow interested persons an
                                               U.S.C. Chapter 35 and have been                                                                               Product characteristics such as manner
                                                                                                       opportunity to respond to this proposal.
                                               assigned OMB Control Number 0581–                                                                             of cut, color, and other attributes can be
                                                                                                       All written comments received will be
                                               0128.                                                                                                         directly examined by an AMS employee
                                                                                                       considered before a final determination
                                                 In September 2014, three separate                                                                           to determine if a specification has been
                                                                                                       is made on this matter.
                                               OMB collections—OMB 0581–0127,                                                                                met, and the product can be stamped
                                               OMB 0581–0124, and OMB 0581–                            Executive Order 12988                                 and marketed as ‘‘USDA Certified’’ or
                                               0128—were merged, such that the                           This proposed rule has been reviewed                ‘‘USDA Accepted as Specified.’’ These
                                               current OMB 0581–0128 pertains to                       under Executive Order 12988, Civil                    services are voluntary, with users
                                               Regulations for Voluntary Grading,                      Justice Reform. This proposed rule is                 paying for the cost of the requested
                                               Certification, and Standards and                        not intended to have retroactive effect.              service.
                                               includes 7 CFR parts 54, 56, 62, and 70.                The Act prohibits States or political                    Over time, industry began to request
                                                 In the past fiscal year, AMS’                         subdivisions of a State to impose any                 AMS verification of factors that were
                                               Livestock, Poultry, and Seed Program                    requirement that is in addition to, or                not apparent through an examination of
                                               (LPS) has received approximately 50                     inconsistent with, any requirement of                 the livestock or products at a processing
                                               inquiries related to the verification of                the Act. There are no civil justice                   facility. Industry desired the ability to
                                               non-genetically engineered products. Of                 implications associated with this                     market factors related to raising of the
                                               these inquiries, 72 percent identified                  proposed rule.                                        livestock, such as feeding regimen, in
                                               with industries outside the scope of LPS                                                                      relation to the resulting products, and to
                                               commodities, including the                              Civil Rights Review                                   do so with assurance to their customers.
                                               manufacture of dairy, fruits, vegetables,                  AMS has considered the potential                      To accommodate these requests for
                                               grains, wood products, and food and                     civil rights implications of this                     verification, AMS began conducting
                                               feed supplements; 8 percent identified                  proposed rule on minorities, women, or                audits of livestock production facilities
                                               with current industries serviced by LPS                 persons with disabilities to ensure that              as a part of its third-party verification
                                               (meat and poultry manufacturing or                      no person or group shall be                           services. Ultimately, in 2001, AMS
                                               processing, laboratories, feed                          discriminated against on the basis of                 developed the QSVP, a suite of audit-
                                               manufactures); and 20 percent were                      race, color, national origin, gender,                 based programs that can provide
                                               identified as a service provider or an                  religion, age, disability, sexual                     confidence that process points, such as
                                               association not directly related to a                   orientation, marital or family status,                livestock feeding regimen, are being
                                               service category. AMS does not expect                   political beliefs, parental status, or                adhered to at the farm or ranch before
                                               the last group to submit an application                 protected genetic information. This                   the livestock are processed and enter
                                               for service; thus, the group was not                    proposed rule does not require affected               commerce as a meat product with an
                                               included as a potential applicant.                      entities to relocate or alter their                   associated marketing claim.
                                                 USDA has considered the reporting                     operations in ways that could adversely                  The USDA Process Verified Program
                                               and recordkeeping burden on applicants                  affect such persons or groups. Further,               (PVP) is one program under QSVP. PVP
                                               under this program. Currently,                          this proposed rule will not deny any                  provides producers and marketers of
                                               applicants are required to complete an                  persons or groups the benefits of the                 livestock, seed products, and poultry
                                               application for service and submit                      program or subject any persons or                     products a way to assure customers of
                                               documentation. Recordkeeping                            groups to discrimination.                             their ability to provide consistent
                                               requirements would remain the same,                                                                           quality products by having written
                                               though the overall burden is expected to                Executive Order 13132                                 production and manufacturing
                                               increase due to an increase in                            This proposed rule has been reviewed                processes confirmed through
                                               applications. As previously stated, of                  under Executive Order 13132,                          independent, third-party audits. Under
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               approximately 50 inquiries for an                       Federalism. This Order directs agencies               PVP, companies outline their own
                                               existing service received by LPS,                       to construe, in regulations and                       specific requirements, and AMS ensures
                                               approximately three-fourths of these                    otherwise, a federal statute to preempt               adherence to those processes via routine
                                               inquiries represented new commodities,                  State law only when the statute contains              audits. This is in contrast to other QSVP
                                               which could potentially increase the                    an express preemption provision. There                services offered by AMS, such as the
                                               overall reporting and recordkeeping                     are no federalism implications                        Quality Systems Assessment Program
                                               burden. Accordingly, if the proposed                    associated with this proposed rule.                   (QSA), which have program


                                          VerDate Sep<11>2014   13:12 Nov 04, 2016   Jkt 241001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\07NOP1.SGM   07NOP1


                                                                    Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Proposed Rules                                               78059

                                               requirements outlined by AMS or a                       Additionally, the USDA Office of the                  § 56.1 Meaning of words and terms
                                               party other than the producers or                       Inspector General (OIG) completed an                  defined.
                                               marketer. For example, most of AMS’                     audit in 2015 of the PVP and                          *        *      *     *        *
                                               QSVP audit activities fall under the                    recommended that AMS take additional                    Branch means the Grading Services Branch
                                               category of Export Verification                         steps to unify the program, as it was                 for the Quality Assessment Division.
                                               activities, which are based on                          delivered under the same heading.                     *        *      *     *        *
                                               government-to-government agreements                        Additional administrative changes are                Chief means the Chief of the Grading
                                               with international trading partners                     necessary to reflect the current                      Services Branch for the Quality Assessment
                                               regarding specific foreign market                       terminology and organizational                        Division.
                                               requirements.                                           structure of AMS. These amendments                    *        *      *     *        *
                                                  Several factors triggered AMS’ review                include changing the name of the                        Division means the Quality Assessment
                                               of the regulations describing QSVP                      Program to reflect the merger of the                  Division of the Livestock, Poultry, and Seed
                                               activities. First, an organizational                    Livestock and Seed Program and Poultry                Program.
                                               merger in 2013 combined the Livestock                   Programs into the Livestock, Poultry,                 *        *      *     *        *
                                               and Seed Program and Poultry Programs                   and Seed Program. Subsequently, LPS’                    Official standards means the official U.S.
                                               to create the Livestock, Poultry, and                   Quality Assessment Division was                       standards grades, and weight classes for shell
                                               Seed (LPS) Program within AMS. Prior                                                                          eggs maintained by and available from the
                                                                                                       created to oversee the Audit Services
                                               to the merger, both Programs                                                                                  Livestock, Poultry, and Seed Program.
                                                                                                       Branch, Grading Services Branch, and
                                               administered parallel QSVP services to                  Standardization Branch. The Audit                     *        *      *     *        *
                                               their respective industries. These                                                                              United States Standards for Quality of
                                                                                                       Services Branch replaced the Audit,
                                               activities were carried out under 7 CFR                                                                       Individual Shell Eggs means the official U.S.
                                                                                                       Review, and Compliance Branch of the                  Standards, Grades, and Weight Classes for
                                               part 62 for livestock, meat, and related                Livestock and Seed Program and                        Shell Eggs (AMS 56) that are maintained by
                                               commodities and under 7 CFR part 56                     incorporated auditing services that were              and available from the Livestock, Poultry,
                                               and 7 CFR part 70 for shell eggs and                    part of the Grading Branch of Poultry                 and Seed Program.
                                               poultry industries, respectively.                       Programs. Certain managerial titles were
                                                  Currently, all QSVP services are                                                                           *        *      *     *        *
                                                                                                       also updated with the merger: a Director                United States Standards, Grades, and
                                               delivered by the same management unit                   was established, along with an Audit                  Weight Classes for Shell Eggs (AMS 56)
                                               and operate by the same procedures                      Services Branch Chief.                                means the official U.S. standards, grades, and
                                               (e.g., application process and audit                                                                          weight classes for shell eggs that are
                                               process), and audits are in large measure               List of Subjects                                      maintained by and available from the
                                               conducted by the same personnel.                        7 CFR Part 56                                         Livestock, Poultry, and Seed Program.
                                               Therefore, AMS proposes to remove any                                                                         *        *      *     *        *
                                               references to audit and verification                      Grading of shell eggs, Inspections,
                                               activities contained in 7 CFR parts 56                  Marketing practices, Standards.                       § 56.28      [Amended]
                                               and 70 and incorporate the commodities                  7 CFR Part 62                                         ■ 3. Amend § 56.28 by removing
                                               currently covered in those parts (i.e.,                                                                       paragraph (d).
                                                                                                         Inspections, Marketing practices,
                                               shell eggs and poultry) into 7 CFR part                                                                       ■ 4. Amend § 56.46 by revising
                                                                                                       Quality Systems Verification, Standards.
                                               62.                                                                                                           paragraph (a), revising paragraphs
                                                  Because 7 CFR part 62 accurately                     7 CFR Part 70                                         (b)(1)(i) through (iii), and removing
                                               describes the process by which these                      Inspections, Marketing practices,                   paragraph (d).
                                               services are provided, AMS is proposing                 Standards, Voluntary Grading of Poultry                 The revisions read as follows:
                                               to amend the definition of products
                                                                                                       Products and Rabbit Products.                         § 56.46      On a fee basis.
                                               describing the commodities covered
                                               under voluntary QSVP services to                          For the reasons set forth in the                       (a) Unless otherwise provided in this
                                               include products authorized by the Act.                 preamble, AMS proposes to amend 7                     part, the fees to be charged and
                                               Rather than limiting the product type to                CFR parts 56, 62, and 70 as follows:                  collected for any service performed, in
                                               an individual program within AMS,                                                                             accordance with this part, on a fee basis
                                                                                                       PART 56—VOLUNTARY GRADING OF
                                               AMS believes it is more appropriate to                                                                        shall be based on the applicable
                                                                                                       SHELL EGGS
                                               expand the definition of products to                                                                          formulas specified in this section. For
                                               efficiently manage the QSVP, including                  ■ 1. The authority citation for 7 CFR                 each calendar year or crop year, AMS
                                               the PVP. AMS seeks to maintain                          part 56 continues to read as follows:                 will calculate the rate for grading
                                               uniformity, transparency, and efficiency                                                                      services, per hour per program
                                                                                                           Authority: 7 U.S.C. 1621–1627.
                                               of service delivery of the QSVP,                        ■ 2. Amend § 56.1 by:                                 employee using the following formulas:
                                               including the PVP. Without expanding                    ■ a. Removing the paragraph containing                   (1) Regular rate. The total AMS
                                               the definition of products, AMS would                   the term and definition for Auditing                  grading personnel direct pay divided by
                                               be required to establish and maintain                   services;                                             direct hours, which is then multiplied
                                               duplicate programs in each commodity                    ■ b. Adding in alphabetical order                     by the next year’s percentage of cost of
                                               area that would essentially carry out the               definitions for Branch and Chief;                     living increase, plus the benefits rate,
                                               same functions in regard to delivering                  ■ c. Removing the definition for Chief of             plus the operating rate, plus the
                                               the QSVP, including the PVP.                            the Grading Branch;                                   allowance for bad debt rate. If
                                                  Other changes proposed are                           ■ d. Adding in alphabetical order a                   applicable, travel expenses may also be
                                               administrative in nature. For example,
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                                                                                       definition for Division; and                          added to the cost of providing the
                                               because AMS is proposing to expand                      ■ e. Revising the definitions of Official             service.
                                               the scope of commodities that                           standards, United States Standards for                   (2) Overtime rate. The total AMS
                                               companies can voluntary have verified                   Quality of Individual Shell Eggs, and                 grading personnel direct pay divided by
                                               by AMS under a QSVP, AMS is also                        United States Standards, Grades, and                  direct hours, which is then multiplied
                                               proposing to amend the title of the                     Weight Classes for Shell Eggs (AMS 56).               by the next year’s percentage of cost of
                                               regulations to remove limiting                            The additions and revisions read as                 living increase and then multiplied by
                                               references to ‘‘livestock and meat.’’                   follows:                                              1.5 plus the benefits rate, plus the


                                          VerDate Sep<11>2014   13:12 Nov 04, 2016   Jkt 241001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\07NOP1.SGM    07NOP1


                                               78060                Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Proposed Rules

                                               operating rate, plus an allowance for                       Authority: 7 U.S.C. 1621–1627.                    information to the QAD office by email
                                               bad debt. If applicable, travel expenses                ■  8. Amend part 62 by revising the                   to QAD.Auditservice@ams.usda.gov or
                                               may also be added to the cost of                        heading to read as set forth above and                by mail to: USDA, AMS, LPS, QAD,
                                               providing the service.                                  revising all references to ‘‘Livestock and            1400 Independence Avenue SW., STOP
                                                  (3) Holiday rate. The total AMS                      Seed Program’’ to read ‘‘Livestock,                   0258, Washington, DC 20250–0258.
                                               grading personnel direct pay divided by                 Poultry, and Seed Program,’’ and revise                 (a) A completed LPS–109,
                                               direct hours which is then multiplied by                all references to ‘‘LS Program’’ to read              Application for Service;
                                               the next year’s percentage of cost of                   ‘‘LPS Program’’ wherever they occur.                    (b) A letter requesting QSVP services;
                                               living increase and then multiplied by                                                                        and
                                               2, plus benefits rate, plus the operating               Subpart A—Quality Systems                               (c) A complete copy of the applicant’s
                                               rate, plus an allowance for bad debt. If                Verification Programs                                 program documentation, as described in
                                               applicable, travel expenses may also be                 ■ 9. Amend part 62 by revising the                    the QSVP procedures.
                                               added to the cost of providing the                      heading to Subpart A to read as set forth             ■ 13. Revise § 62.203 to read as follows:
                                               service.                                                above.
                                                  (b)(1) * * *                                                                                               § 62.203   How to withdraw service.
                                                                                                       ■ 10. Amend § 62.000 by:
                                                  (i) Benefits rate. The total AMS                     ■ a. Removing the definitions for                       Service may be withdrawn by the
                                               grading direct benefits costs divided by                Branch and Chief;                                     applicant at any time, provided that the
                                               the total hours (regular, overtime, and                 ■ b. Revising the definition of                       applicant notifies QAD in writing of his/
                                               holiday) worked, which is then                          Conformance;                                          her desire to withdraw the application
                                               multiplied by the next calendar year’s                  ■ c. Adding in alphabetical order                     for service and pays any expenses the
                                               percentage cost of living increase. Some                definitions for Division and Division                 Department has incurred in connection
                                               examples of direct benefits are health                  Director;                                             with such application.
                                               insurance, retirement, life insurance,                  ■ d. Removing the definition of                       ■ 14. Amend § 62.207 by revising
                                               and Thrift Savings Plan (TSP)                           Livestock; and                                        paragraphs (b) and (c) to read as follows:
                                               retirement basic and matching                           ■ e. Revising the definitions for
                                               contributions.                                                                                                § 62.207   Official assessment.
                                                                                                       Products, QSVP Procedures, and
                                                  (ii) Operating rate. The total AMS                   Quality Systems Verification Programs                 *     *     *     *     *
                                               grading operating costs divided by total                (QSVP).                                                 (b) Program assessment. Auditors and
                                               hours (regular, overtime, and holiday)                    The revisions and additions read as                 USDA officials shall conduct an on-site
                                               worked, which is then multiplied by the                 follows:                                              assessment of the applicant’s program to
                                               percentage of inflation.                                                                                      ensure provisions of the applicant’s
                                                  (iii) Allowance for bad debt rate. Total             § 62.000    Meaning of terms.                         program documentation have been
                                               AMS grading allowance for bad debt                      *      *      *      *       *                        implemented and conform to QSVP
                                               divided by total hours (regular,                           Conformance. The fulfillment of criteria or        procedures.
                                               overtime, and holiday) worked.                          a requirement.                                          (c) Program determination.
                                               *       *    *     *     *                              *      *      *      *       *                        Applicants determined to meet or not
                                               ■ 5. Amend § 56.61 by revising                            Division. The Quality Assessment Division           meet QSVP procedures or the
                                               paragraph (b) to read as follows:                       (QAD) of the Livestock, Poultry, and Seed             applicant’s program requirements shall
                                                                                                       Program.                                              be notified of their program’s approval
                                               § 56.61   Where to file an appeal.                        Division Director. The Director of QAD, or          or disapproval.
                                                                                                       any officer or employee of the Livestock,
                                               *     *     *    *     *                                                                                      *     *     *     *     *
                                                                                                       Poultry, and Seed Program to whom
                                                 (b) All other appeal requests. Any                                                                          ■ 15. Amend § 62.208 by revising the
                                                                                                       authority has been delegated, or to whom
                                               interested party who is not satisfied                   authority may be delegated, to act in the             introductory text and paragraphs (a), (b),
                                               with the determination of the class,                    Director’s stead.                                     and (e) to read as follows:
                                               quality, quantity, or condition of
                                                                                                       *      *      *      *       *
                                               product which has left the official plant                 Products. All agricultural commodities and
                                                                                                                                                             § 62.208   Publication of QSVP assessment
                                               where it was graded or which was                                                                              status.
                                                                                                       services within the scope of the Agricultural
                                               graded other than in an official plant                  Marketing Act of 1946, et seq.                           Approved programs shall be posted
                                               may request an appeal grading by filing                   QSVP Procedures. The requirements and               for public reference on the agency Web
                                               such request with the regional director                 guidelines set forth by the Agricultural              site. Such postings shall include:
                                               in the area where the product is located                Marketing Service regarding the                          (a) Applicant name and contact
                                               or with the Chief.                                      development, documentation, and                       information; and
                                               ■ 6. Amend § 56.64 by revising                          implementation of QSVP.                                  (b) Products, services, process points,
                                               paragraph (c) to read as follows:                       *      *      *      *       *                        or standards included in the scope of
                                                                                                         Quality System Verification Programs                approval.
                                               § 56.64   Who shall perform the appeal.                 (QSVP). A collection of voluntary, audit-
                                                                                                       based, user-fee programs that allow
                                                                                                                                                             *      *    *     *     *
                                               *     *    *     *    *
                                                                                                       applicants to have program documentation                 (e) Any other information deemed
                                                 (c) Whenever practical, an appeal
                                                                                                       and program processes assessed by an AMS              necessary by the Director.
                                               grading shall be conducted jointly by
                                                                                                       auditor.                                              ■ 16. Revise § 62.209 to read as follows:
                                               two graders. The assignment of the
                                               grader(s) who will make the appeal                      *      *      *      *       *                        § 62.209   Reassessment.
                                               grading requested under § 56.61(b) shall                                                                        Approved programs are subject to
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                                                                                       § 62.200    [Amended]
                                               be made by the regional director or the                                                                       periodic reassessments to ensure
                                               Chief.                                                  ■ 11. Amend § 62.200 by removing
                                                                                                       paragraph (b).                                        ongoing conformance with LPS QSVP
                                                                                                       ■ 12. Revise § 62.202 to read as follows:             procedures covered under the scope of
                                               PART 62—QUALITY SYSTEMS
                                                                                                                                                             approval. The frequency of
                                               VERIFICATION PROGRAMS                                   § 62.202    How to apply for service.                 reassessments shall be based on LPS
                                               ■ 7. The authority citation for 7 CFR                     Applicants may apply for QSVP                       QSVP procedures, or as determined by
                                               part 62 continues to read as follows:                   services by submitting the following                  the Director.


                                          VerDate Sep<11>2014   13:12 Nov 04, 2016   Jkt 241001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\07NOP1.SGM   07NOP1


                                                                    Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Proposed Rules                                               78061

                                               ■ 17. Amend § 62.210 by revising                                                                              have been approved by OMB under 44
                                               paragraph (b) introductory text, (b)(5),                                                                      U.S.C. Chapter 35 and have been
                                               and (c) to read as follows:                                                                                   assigned OMB Control Number 0581–
                                                                                                                                                             0128.
                                               § 62.210 Denial, suspension, or
                                               cancellation of service.                                                                                      PART 70—VOLUNTARY GRADING OF
                                               *      *    *     *      *                                                                                    POULTRY PRODUCTS AND RABBIT
                                                                                                                                                             PRODUCTS
                                                  (b) QSVP services may be suspended
                                               if the applicant fails to maintain its                                                                        ■ 22. The authority citation for part 70
                                               program requirements, or conform to                                                                           continues to read as follows:
                                               LPS Program QSVP procedures; such as                                                                              Authority: 7 U.S.C. 1621–1627.
                                               failure to:
                                                                                                                                                             ■ 23. Amend § 70.1 by:
                                               *      *    *     *      *                                 (a) Products or services produced                  ■ a. Removing the definition for
                                                  (5) Submit significant changes to an                 under an approved USDA PVP may use                    Auditing services;
                                               approved program and seek approval                      the ‘‘USDA Process Verified’’ statement               ■ b. Adding in alphabetical order
                                               from the Program Manager or Program                     and the ‘‘USDA Process Verified’’                     definitions for Branch and Chief;
                                                                                                       shield, so long as each is used in direct             ■ c. Removing the definition of Chief of
                                               Review Committee, as appropriate, prior
                                                                                                       association with a clear description of               the Grading Branch; and
                                               to implementation of significant
                                                                                                       the process verified points approved by               ■ d. Adding in alphabetical order a
                                               changes to an approved program;                                                                               definition for Division.
                                                                                                       the Division.
                                               *      *    *     *      *                                 (b) The USDA Process Verified shield                 The additions read as follows:
                                                  (c) QSVP services may be cancelled,                  must replicate the form and design of                 § 70.1       Definitions.
                                               an application may be rejected, or                      the example in Figure 1 and must be
                                                                                                       printed legibly and conspicuously:                    *        *       *     *        *
                                               program assessment may be terminated                                                                            Branch means the Grading Services Branch
                                               if the Director or his designee                            (1) On a white background with a gold              for the Quality Assessment Division.
                                               determines that a nonconformance has                    trimmed shield, with the term ‘‘USDA’’
                                                                                                       in white overlaying a blue upper third                *        *       *     *        *
                                               remained uncorrected beyond a                                                                                   Chief means the Chief of the Grading
                                               reasonable amount of time.                              of the shield, the term ‘‘PROCESS’’ in                Services Branch for the Quality Assessment
                                                                                                       black overlaying a white middle third of              Division.
                                               ■ 18. In § 62.211, revise the introductory
                                                                                                       the shield, and term ‘‘VERIFIED’’ in                    Division means the Quality Assessment
                                               text and paragraph (a) to read as follows:              white overlaying a red lower third of the             Division of the Livestock, Poultry, and Seed
                                               § 62.211   Appeals.                                     shield.                                               Program, AMS.
                                                                                                          (2) On a white or transparent                      *        *       *     *        *
                                                 Appeals of adverse decisions under                    background with a black trimmed
                                               this part, may be made in writing to the                shield, with the term ‘‘USDA’’ in white               § 70.4       [Amended]
                                               Director at 1400 Independence Avenue                    overlaying a black upper third of the                 ■ 24. Amend § 70.4 by removing
                                               SW.; Room 3932–S, STOP 0258;                            shield, the term ‘‘PROCESS’’ in black                 paragraph (c).
                                               Washington, DC 20250–0201. Appeals                      overlaying a white middle third of the                ■ 25. Amend § 70.6 by revising
                                               must be made within 30 days of receipt                  shield, and the term ‘‘VERIFIED’’ in                  paragraph (a) to read as follows:
                                               of adverse decision.                                    white overlaying a black lower third of
                                                                                                                                                             § 70.6       OMB control number.
                                                 (a) Procedure for appeals. Actions                    the shield.
                                                                                                          (c) Use of the ‘‘USDA Process                        (a) Purpose. The collecting of
                                               under this paragraph concerning                                                                               information requirements in this part
                                                                                                       Verified’’ statement and the ‘‘USDA
                                               decision of appeals of the Director shall                                                                     has been approved by the Office of
                                                                                                       Process Verified’’ shield shall be
                                               be conducted in accordance with the                     approved in writing by the Director                   Management and Budget (OMB) and
                                               Rules of Practice Governing Formal                      prior to use by an applicant.                         assigned OMB control number 0581–
                                               Adjudicatory Proceedings Instituted by                  ■ 20. Amend § 62.300 by revising                      0128.
                                               the Secretary under various statutes set                paragraph (e) to read as follows:                     *     *      *    *      *
                                               forth at 7 CFR 1.130 through 1.151 and                                                                        ■ 26. Amend § 70.71 by revising the
                                               the Supplemental Rules of Practice in 7                 § 62.300    Fees and other costs of service.          introductory text and paragraphs (a) and
                                               CFR part 50.                                            *     *     *     *      *                            (b)(1)(i) through (iii) and by removing
                                               *     *     *    *     *                                  (e) Other costs. When costs, other                  paragraph (d).
                                                                                                       than those costs specified in paragraphs                The revisions read as follows:
                                               ■ 19. Revise § 62.213 to read as follows:
                                                                                                       (a) through (c) of this section, are
                                                                                                                                                             § 70.71       On a fee basis.
                                               § 62.213   Official identification.                     involved in providing the QSVP
                                                                                                       services, the applicant shall be                      *      *     *    *     *
                                                 The following, as shown in Figure 1,                  responsible for these costs. The amount                  (a) For each calendar year, AMS will
                                               constitutes official identification to                  of these costs shall be determined                    calculate the rate for grading services,
                                               show product or services produced                       administratively by the Division.                     per hour per program employee using
                                               under an approved USDA Process                          However, the applicant will be notified               the following formulas:
                                                                                                                                                                (1) Regular rate. The total AMS
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               Verified Program (PVP):                                 of these costs before the service is
                                                                                                       rendered.                                             grading personnel direct pay divided by
                                                                                                       ■ 21. Revise § 62.400 to read as follows:             direct hours, which is then multiplied
                                                                                                                                                             by the next year’s percentage of cost of
                                                                                                       § 62.400 OMB control number assigned                  living increase, plus the benefits rate,
                                                                                                       pursuant to the Paperwork Reduction Act.              plus the operating rate, plus the
                                                                                                         The information collection and                      allowance for bad debt rate. If
                                                                                                                                                                                                            EP07NO16.002</GPH>




                                                                                                       recordkeeping requirements of this part               applicable, travel expenses may also be


                                          VerDate Sep<11>2014   13:12 Nov 04, 2016   Jkt 241001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\07NOP1.SGM    07NOP1


                                               78062                Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Proposed Rules

                                               added to the cost of providing the                      grading requested under § 70.101(b)                   Search.’’ For problems with ADAMS,
                                               service.                                                shall be made by the regional director or             please contact the NRC’s Public
                                                  (2) Overtime rate. The total AMS                     the Chief.                                            Document Room (PDR) reference staff at
                                               grading personnel direct pay divided by                   Dated: October 19, 2016.                            1–800–397–4209, 301–415–4737, or by
                                               direct hours, which is then multiplied                                                                        email to pdr.resource@nrc.gov.
                                                                                                       Elanor Starmer,
                                               by the next year’s percentage of cost of                                                                         • NRC’s PDR: You may examine and
                                                                                                       Administrator, Agricultural Marketing
                                               living increase and then multiplied by                                                                        purchase copies of public documents at
                                                                                                       Service.
                                               1.5 plus the benefits rate, plus the                                                                          the NRC’s PDR, Room O1–F21, One
                                                                                                       [FR Doc. 2016–25690 Filed 11–4–16; 8:45 am]
                                               operating rate, plus an allowance for                                                                         White Flint North, 11555 Rockville
                                                                                                       BILLING CODE 3410–02–P
                                               bad debt. If applicable, travel expenses                                                                      Pike, Rockville, Maryland 20852.
                                               may also be added to the cost of                                                                              FOR FURTHER INFORMATION CONTACT:
                                               providing the service.                                                                                        Daniel I. Doyle, Office of Nuclear
                                                  (3) Holiday rate. The total AMS                      NUCLEAR REGULATORY                                    Reactor Regulation, telephone: 301–
                                               grading personnel direct pay divided by                 COMMISSION                                            415–3748, email: Daniel.Doyle@nrc.gov;
                                               direct hours, which is then multiplied                                                                        or Mark Resner, Office of Nuclear
                                               by the next year’s percentage of cost of                10 CFR Part 73
                                                                                                                                                             Security and Incident Response,
                                               living increase and then multiplied by                  [NRC–2016–0145]                                       telephone: 301–287–3680, email:
                                               2, plus benefits rate, plus the operating                                                                     Mark.Resner@nrc.gov. Both are staff
                                                                                                       RIN 3150–AJ79
                                               rate, plus an allowance for bad debt. If                                                                      members of the U.S. Nuclear Regulatory
                                               applicable, travel expenses may also be                 Role of Third Parties in Access                       Commission, Washington, DC 20555–
                                               added to the cost of providing the                      Authorization and Fitness-for-Duty                    0001.
                                               service.                                                Determinations
                                                  (b)(1) * * *                                                                                               SUPPLEMENTARY INFORMATION:
                                                  (i) Benefits rate. The total AMS                     AGENCY:  Nuclear Regulatory                           I. Background
                                               grading direct benefits costs divided by                Commission.
                                               the total hours (regular, overtime, and                                                                          On June 6, 2016, the Commission
                                                                                                       ACTION: Public meeting.
                                               holiday) worked, which is then                                                                                approved an NRC staff recommendation
                                               multiplied by the next calendar year’s                  SUMMARY:   The U.S. Nuclear Regulatory                to proceed with the rulemaking process
                                               percentage cost of living increase. Some                Commission (NRC) plans to hold a                      to further explore the issues raised in an
                                               examples of direct benefits are health                  public meeting to discuss a rulemaking                NRC staff paper regarding the role of
                                               insurance, retirement, life insurance,                  activity regarding the role of third                  third party arbitrators in licensee access
                                               and Thrift Savings Plan (TSP)                           parties in access authorization and                   authorization and fitness-for-duty
                                               retirement basic and matching                           fitness-for-duty determinations. The                  determinations (ADAMS Accession No.
                                               contributions.                                          purpose of the meeting is to provide                  ML16158A286). The NRC is in the early
                                                  (ii) Operating rate. AMS’ grading total              information on the background and                     stages of developing a regulatory basis
                                               operating costs divided by total hours                  status of this rulemaking activity and to             document that will describe the
                                               (regular, overtime, and holiday) worked,                obtain input from interested                          regulatory issue, options to address the
                                               which is then multiplied by the                         stakeholders.                                         issue, and the recommended option.
                                               percentage of inflation.                                                                                      The NRC will consider the information
                                                                                                       DATES:   The public meeting will be held              shared at the meeting in the
                                                  (iii) Allowance for bad debt rate. Total             on November 16, 2016. See Section II,
                                               AMS grading allowance for bad debt                                                                            development of the regulatory basis
                                                                                                       Public Meeting, of this document for                  document.
                                               divided by total hours (regular,                        more information on the meeting.
                                               overtime, and holiday) worked.                                                                                II. Public Meeting
                                                                                                       ADDRESSES: Please refer to Docket ID
                                               *       *    *     *     *                              NRC–2016–0145 when contacting the                        The public meeting will be on
                                               ■ 27. Amend § 70.101 by revising
                                                                                                       NRC about the availability of                         November 16, 2016, from 1:00 p.m. to
                                               paragraph (b) to read as follows:                       information regarding this meeting. You               4:00 p.m. (EST) in the Commission
                                               § 70.101   Where to file an appeal.                     may obtain publicly-available                         Hearing Room, 11555 Rockville Pike,
                                               *     *     *    *     *                                information related to this meeting                   Rockville, Maryland 20852. Interested
                                                 (b) All other appeal requests. Any                    using any of the following methods:                   stakeholders may attend in person or via
                                               interested party who is not satisfied                      • Federal Rulemaking Web site: Go to               teleconference and Webinar. The
                                               with the determination of the class,                    http://www.regulations.gov and search                 purpose of the meeting is to provide
                                               quality, quantity, or condition of                      for Docket ID NRC–2016–0145. Address                  background information on this
                                               product which has left the official plant               questions about NRC dockets to Carol                  rulemaking activity and obtain
                                               where it was graded, or which was                       Gallagher; telephone: 301–415–3463;                   stakeholder input in order to enhance
                                               graded other than in an official plant,                 email: Carol.Gallagher@nrc.gov. For                   the NRC’s understanding of the
                                               may request an appeal grading by filing                 technical questions, contact the                      associated issues. Further, the staff will
                                               such request with the regional director                 individuals listed in the FOR FURTHER                 address the various opportunities for the
                                               in the area where the product is located                INFORMATION CONTACT section of this                   public to participate in the rulemaking
                                               or with the Chief.                                      document.                                             process. The NRC will not provide
                                               ■ 28. Amend § 70.104 by revising                           • NRC’s Agencywide Documents                       formal written responses to the oral
                                                                                                       Access and Management System                          comments made at this meeting. In
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               paragraph (c) to read as follows:
                                                                                                       (ADAMS): You may obtain publicly-                     addition, the NRC is not providing an
                                               § 70.104   Who shall perform the appeal.                available documents online in the                     opportunity to submit written public
                                               *     *    *     *    *                                 ADAMS Public Documents collection at                  comments in connection with this
                                                 (c) Whenever practical, an appeal                     http://www.nrc.gov/reading-rm/                        meeting.
                                               grading shall be conducted jointly by                   adams.html. To begin the search, select                  Information for the teleconference and
                                               two graders. The assignment of the                      ‘‘ADAMS Public Documents’’ and then                   Webinar is available in the meeting
                                               grader(s) who will make the appeal                      select ‘‘Begin Web-based ADAMS                        notice, which can be accessed through


                                          VerDate Sep<11>2014   13:12 Nov 04, 2016   Jkt 241001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\07NOP1.SGM   07NOP1



Document Created: 2018-02-14 08:21:54
Document Modified: 2018-02-14 08:21:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by January 6, 2017. Pursuant to the Paperwork Reduction Act, comments on the information collection burden that would result from this rulemaking must be received by January 6, 2017.
ContactJeffrey Waite, Branch Chief, Auditing Services Branch, Quality Assessment Division; Livestock, Poultry, and Seed Program, Agricultural Marketing Service, U.S. Department of Agriculture; Room 3932S, STOP 0258, 1400 Independence Avenue SW; Washington, DC 20250-0258; telephone (202) 720-4411; or email to [email protected]
FR Citation81 FR 78057 
CFR Citation7 CFR 56
7 CFR 62
7 CFR 70
CFR AssociatedGrading of Shell Eggs; Inspections; Marketing Practices; Standards; Quality Systems Verification and Voluntary Grading of Poultry Products and Rabbit Products

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR