81 FR 93571 - Revisions to Inspection Application Requirements
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 245 (December 21, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93571-93572 | |
| FR Document | 2016-30570 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Rules and Regulations] [Pages 93571-93572] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30570] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations [[Page 93571]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 51 and 52 [Doc. No. AMS-SC-16-0063] Revisions to Inspection Application Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This rule amends the inspection, certification and standards requirements for fresh fruits, vegetables and other products and processed fruits and vegetables, processed products and certain other processed food products (7 CFR parts 51 and 52) by adding an option to allow for electronic submissions of inspection applications. This rule also eliminates outdated terminology referencing submission of inspection applications by telegraph. DATES: Effective December 22, 2016; comments received by February 21, 2017 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit comments via the Internet at http://www.regulations.gov. Comments submitted by mail or courier must be sent in duplicate to Francisco Grazette, United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Specialty Crops Program (SCP), Specialty Crops Inspection (SCI) Division, 1400 Independence Avenue SW., Room 1536, Stop 0240, Washington, DC 20250, FAX (202) 720-0393. All comments should reference the document number, and the date and page number of this issue of the Federal Register. All comments received will be posted without change, including any personal information provided, online at http://www.regulations.gov and will be made available for public inspection at the above physical address during regular business hours. FOR FURTHER INFORMATION CONTACT: Francisco Grazette, USDA, AMS, SCP, SCI Division, 1400 Independence Avenue SW., Room 1536, Stop 0240, Washington, DC 20250-0250; telephone: (202) 720-5870; fax: (202) 720- 0393; email: [email protected]. SUPPLEMENTARY INFORMATION: Section 203(c) (7 U.S.C. 1622(c)) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) (Act of 1946), as amended, directs and authorizes the Secretary of Agriculture to develop and improve standards of quality, condition, quantity, grade, and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices. Parts 51 and 52 of title 7 of the Code of Federal Regulations specify the inspection, certification and standard requirements for fresh and processed fruit, vegetable and specialty crops to ensure uniformity and consistency. The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect and does not preempt any state or local law, regulation, or policy unless it presents an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. This rule amends the inspection, certification and standards requirements for fresh fruits, vegetables and other products and processed fruits and vegetables, processed products and certain other processed food products (7 CFR parts 51 and 52) by adding an option to allow for electronic submissions of inspection applications. This rule also eliminates outdated terminology referencing the telegraph. These changes are administrative in nature and do not impose any new requirements on applicants. Pursuant to Section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674) (Act of 1937), whenever certain commodities are regulated under Federal marketing orders, imports of those commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality or maturity requirements as those in effect for domestically-produced commodities. The Act of 1937 also authorizes USDA to perform inspections and other related functions (such as commodity sampling) on those commodities and to certify whether these requirements have been met. AMS's Specialty Crops Inspection (SCI) Division performs the inspections and other related functions on Section 8e imports in accordance with its authority under the Agricultural Marketing Act of 1946. SCI Division is amending 7 CFR parts 51 and 52 to add the ability to submit initial inspection requests electronically and eliminate terminology referencing the telegraph. Individuals desiring to apply for an inspection for applicable fruit, vegetable, and specialty crop imports must complete and file AMS's form SC-357, Initial Inspection Request for Regulated Imported Commodities, in writing or electronically, to notify AMS of the need for an inspection. Specifically, sections 51.6 and 52.7, ``How to make an application'' and ``Information required in connection with application'', respectively, are being modified by this action. Amending parts 51 and 52 of title 7 to provide for the electronic filing of the application for inspection supports the International Trade Data System (ITDS), a key White House Initiative that has been under development for over ten years and is mandated for completion by December 31, 2016 (pursuant to Executive Order 13659, Streamlining the Export/Import Process for American's Businesses, signed on February 19, 2014, by President Obama (79 FR 10657)). ITDS streamlines the export and import process for America's businesses. Upon full implementation, ITDS, through the Automated Commercial Environment (ACE), will allow businesses to electronically submit the data required by U.S. Customs and Border Protection (CBP) and its Partner Government Agencies (PGAs) to import or export cargo through a ``single window'' concept. The update to the inspection, certification and standards requirements to allow for electronic submission of [[Page 93572]] inspection applications will meet CBP's requirement for ITDS. Initial Regulatory Flexibility Analysis Pursuant to the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of no more than $750,000 and small agricultural service firms are defined as those having annual receipts of no more than $7.5 million. Under these definitions, AMS estimates the number of companies affected is approximately 60,000, with 24,000, or 40%, of the companies considered small businesses. AMS does not foresee any negative impact on members of the industry, regardless of size, as a result of this interim rule. AMS is making these administrative changes to allow for the use of current technology by allowing the application for inspection to be submitted electronically and eliminating references to filing applications for service by telegraph. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements for form SC-357, Initial Inspection Request for Regulated Imported Commodities, was previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0125, effective August 1, 2016. AMS has determined that no changes are required to the information collection requirements as a result of the changes in this action. Should additional changes become necessary, they would be submitted to OMB for approval. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. This rule invites comments on updates to application requirements and the administrative change to the inspection, certification and standards requirements for fresh and processed fruit, vegetable, and specialty crops. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act of 1946. Pursuant to 5 U.S.C. 553, AMS has found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect because: (1) The changes in this rule reflect current practices; (2) the import industry is aware of the ITDS initiative and its goal to automate paper-based processes; (3) CBP is requiring the timely update of import regulations to meet the ITDS electronic data submission requirement; and (4) this rule provides a 60-day comment period, and all comments received will be considered prior to the finalization of this rule. List of Subjects 7 CFR Part 51 Food grades and standards, Fruits, Nuts, Reporting and recordkeeping, Vegetables. 7 CFR Part 52 Food grades and standards, Food labeling, Frozen foods, Fruits, Reporting and recordkeeping requirements, Vegetables. 0 For the reasons set forth in the preamble, 7 CFR parts 51 and 52 are amended as follows: 0 1. The authority citation for parts 51 and 52 continues to read as follows: Authority: 7 U.S.C. 1621-1627. PART 51--FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS (INSPECTION, CERTIFICATION, AND STANDARDS) 0 2. Revise Sec. 51.6 to read as follows: Sec. 51.6 How to make application. An application for inspection service may be filed in an office of inspection at any market referred to in Sec. 51.4 (b), (c), or (d) or with any inspector. It may be made in writing, orally, electronically, or by telephone. If made orally or by telephone, the inspector may require that it be confirmed by the applicant in writing or electronically. An application may be made for one or more lots, or it may be in the nature of a blanket application for inspection of all designated lots of a given commodity within a particular period, or for all designated lots loaded or received at a specified point. PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS 0 3. Revise Sec. 52.7 paragraph (a) to read as follows: Sec. 52.7 Information required in connection with application. (a) Application for inspection service shall be made in the English language and may be made orally (in person or by telephone), in writing, or electronically. If an application for inspection is made orally, written confirmation may be required by the inspection service involved. * * * * * Dated: December 14, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-30570 Filed 12-20-16; 8:45 am] BILLING CODE 3410-02-P
![93571
Rules and Regulations Federal Register
Vol. 81, No. 245
Wednesday, December 21, 2016
This section of the FEDERAL REGISTER available for public inspection at the commodities are regulated under
contains regulatory documents having general above physical address during regular Federal marketing orders, imports of
applicability and legal effect, most of which business hours. those commodities into the United
are keyed to and codified in the Code of States are prohibited unless they meet
FOR FURTHER INFORMATION CONTACT:
Federal Regulations, which is published under the same or comparable grade, size,
50 titles pursuant to 44 U.S.C. 1510.
Francisco Grazette, USDA, AMS, SCP,
SCI Division, 1400 Independence quality or maturity requirements as
The Code of Federal Regulations is sold by Avenue SW., Room 1536, Stop 0240, those in effect for domestically-
the Superintendent of Documents. Prices of Washington, DC 20250–0250; telephone: produced commodities. The Act of 1937
new books are listed in the first FEDERAL (202) 720–5870; fax: (202) 720–0393; also authorizes USDA to perform
REGISTER issue of each week. email: Francisco.Grazette@ inspections and other related functions
ams.usda.gov. (such as commodity sampling) on those
SUPPLEMENTARY INFORMATION: Section
commodities and to certify whether
DEPARTMENT OF AGRICULTURE these requirements have been met.
203(c) (7 U.S.C. 1622(c)) of the
Agricultural Marketing Act of 1946 (7 AMS’s Specialty Crops Inspection
Agricultural Marketing Service (SCI) Division performs the inspections
U.S.C. 1621–1627) (Act of 1946), as
amended, directs and authorizes the and other related functions on Section
7 CFR Parts 51 and 52 8e imports in accordance with its
Secretary of Agriculture to develop and
[Doc. No. AMS–SC–16–0063] improve standards of quality, condition, authority under the Agricultural
quantity, grade, and packaging, and Marketing Act of 1946.
Revisions to Inspection Application SCI Division is amending 7 CFR parts
Requirements recommend and demonstrate such
standards in order to encourage 51 and 52 to add the ability to submit
AGENCY: Agricultural Marketing Service, uniformity and consistency in initial inspection requests electronically
USDA. commercial practices. and eliminate terminology referencing
ACTION: Interim rule with request for Parts 51 and 52 of title 7 of the Code the telegraph. Individuals desiring to
comments. of Federal Regulations specify the apply for an inspection for applicable
inspection, certification and standard fruit, vegetable, and specialty crop
SUMMARY: This rule amends the requirements for fresh and processed imports must complete and file AMS’s
inspection, certification and standards fruit, vegetable and specialty crops to form SC–357, Initial Inspection Request
requirements for fresh fruits, vegetables ensure uniformity and consistency. for Regulated Imported Commodities, in
and other products and processed fruits The Department of Agriculture writing or electronically, to notify AMS
and vegetables, processed products and (USDA) is issuing this rule in of the need for an inspection.
certain other processed food products (7 conformance with Executive Orders Specifically, sections 51.6 and 52.7,
CFR parts 51 and 52) by adding an 12866, 13563, and 13175. ‘‘How to make an application’’ and
option to allow for electronic This interim rule has been reviewed ‘‘Information required in connection
submissions of inspection applications. under Executive Order 12988, Civil with application’’, respectively, are
This rule also eliminates outdated Justice Reform. This rule is not intended being modified by this action.
terminology referencing submission of to have retroactive effect and does not Amending parts 51 and 52 of title 7
inspection applications by telegraph. preempt any state or local law, to provide for the electronic filing of the
DATES: Effective December 22, 2016; regulation, or policy unless it presents application for inspection supports the
comments received by February 21, an irreconcilable conflict with this rule. International Trade Data System (ITDS),
2017 will be considered prior to There are no administrative procedures a key White House Initiative that has
issuance of a final rule. which must be exhausted prior to any been under development for over ten
ADDRESSES: Interested persons are judicial challenge to the provisions of years and is mandated for completion
invited to submit comments via the this rule. by December 31, 2016 (pursuant to
Internet at http://www.regulations.gov. This rule amends the inspection, Executive Order 13659, Streamlining
Comments submitted by mail or courier certification and standards requirements the Export/Import Process for
must be sent in duplicate to Francisco for fresh fruits, vegetables and other American’s Businesses, signed on
Grazette, United States Department of products and processed fruits and February 19, 2014, by President Obama
Agriculture (USDA), Agricultural vegetables, processed products and (79 FR 10657)). ITDS streamlines the
Marketing Service (AMS), Specialty certain other processed food products (7 export and import process for America’s
Crops Program (SCP), Specialty Crops CFR parts 51 and 52) by adding an businesses. Upon full implementation,
Inspection (SCI) Division, 1400 option to allow for electronic ITDS, through the Automated
Independence Avenue SW., Room 1536, submissions of inspection applications. Commercial Environment (ACE), will
Stop 0240, Washington, DC 20250, FAX This rule also eliminates outdated allow businesses to electronically
asabaliauskas on DSK3SPTVN1PROD with RULES
(202) 720–0393. All comments should terminology referencing the telegraph. submit the data required by U.S.
reference the document number, and the These changes are administrative in Customs and Border Protection (CBP)
date and page number of this issue of nature and do not impose any new and its Partner Government Agencies
the Federal Register. All comments requirements on applicants. (PGAs) to import or export cargo
received will be posted without change, Pursuant to Section 8e of the through a ‘‘single window’’ concept.
including any personal information Agricultural Marketing Agreement Act The update to the inspection,
provided, online at http:// of 1937, as amended (7 U.S.C. 601–674) certification and standards requirements
www.regulations.gov and will be made (Act of 1937), whenever certain to allow for electronic submission of
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![93572 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations
inspection applications will meet CBP’s rule, including the regulatory and may require that it be confirmed by the
requirement for ITDS. informational impacts of this action on applicant in writing or electronically.
small businesses. An application may be made for one or
Initial Regulatory Flexibility Analysis
This rule invites comments on more lots, or it may be in the nature of
Pursuant to the requirements of the updates to application requirements and a blanket application for inspection of
Regulatory Flexibility Act (RFA) (5 the administrative change to the all designated lots of a given commodity
U.S.C. 601–612), AMS has considered inspection, certification and standards within a particular period, or for all
the economic impact of this action on requirements for fresh and processed designated lots loaded or received at a
small entities. Accordingly, AMS has fruit, vegetable, and specialty crops. specified point.
prepared this initial regulatory Any comments received will be
flexibility analysis. considered prior to finalization of this PART 52—PROCESSED FRUITS AND
The purpose of the RFA is to fit rule. VEGETABLES, PROCESSED
regulatory actions to the scale of After consideration of all relevant PRODUCTS THEREOF, AND CERTAIN
businesses subject to such actions in material presented, it is found that this OTHER PROCESSED FOOD
order that small businesses will not be interim rule, as hereinafter set forth, PRODUCTS
unduly or disproportionately burdened. will tend to effectuate the declared
Small agricultural producers are ■ 3. Revise § 52.7 paragraph (a) to read
policy of the Act of 1946. Pursuant to as follows:
defined by the Small Business 5 U.S.C. 553, AMS has found and
Administration (SBA) as those having determined upon good cause that it is § 52.7 Information required in connection
annual receipts of no more than impracticable, unnecessary, and with application.
$750,000 and small agricultural service contrary to the public interest to give (a) Application for inspection service
firms are defined as those having annual preliminary notice prior to putting this shall be made in the English language
receipts of no more than $7.5 million. rule into effect because: (1) The changes and may be made orally (in person or
Under these definitions, AMS estimates in this rule reflect current practices; (2) by telephone), in writing, or
the number of companies affected is the import industry is aware of the ITDS electronically. If an application for
approximately 60,000, with 24,000, or initiative and its goal to automate paper- inspection is made orally, written
40%, of the companies considered small based processes; (3) CBP is requiring the confirmation may be required by the
businesses. AMS does not foresee any timely update of import regulations to inspection service involved.
negative impact on members of the meet the ITDS electronic data
industry, regardless of size, as a result * * * * *
submission requirement; and (4) this
of this interim rule. rule provides a 60-day comment period, Dated: December 14, 2016.
AMS is making these administrative and all comments received will be Elanor Starmer,
changes to allow for the use of current considered prior to the finalization of Administrator, Agricultural Marketing
technology by allowing the application this rule. Service.
for inspection to be submitted [FR Doc. 2016–30570 Filed 12–20–16; 8:45 am]
electronically and eliminating List of Subjects BILLING CODE 3410–02–P
references to filing applications for 7 CFR Part 51
service by telegraph.
Food grades and standards, Fruits, DEPARTMENT OF AGRICULTURE
Paperwork Reduction Act Nuts, Reporting and recordkeeping,
In accordance with the Paperwork Vegetables. Agricultural Marketing Service
Reduction Act of 1995 (44 U.S.C.
7 CFR Part 52
Chapter 35), the information collection 7 CFR Part 52
requirements for form SC–357, Initial Food grades and standards, Food
Inspection Request for Regulated labeling, Frozen foods, Fruits, Reporting [Document Number AMS–FV–15–0049, FV–
16–332]
Imported Commodities, was previously and recordkeeping requirements,
approved by the Office of Management Vegetables. United States Standards for Grades of
and Budget (OMB) and assigned OMB ■ For the reasons set forth in the Canned Vegetables
No. 0581–0125, effective August 1, preamble, 7 CFR parts 51 and 52 are
2016. AMS has determined that no amended as follows: AGENCY: Agricultural Marketing Service,
changes are required to the information ■ 1. The authority citation for parts 51
USDA.
collection requirements as a result of the and 52 continues to read as follows: ACTION: Final notice of U.S. grade
changes in this action. Should standards.
additional changes become necessary, Authority: 7 U.S.C. 1621–1627.
they would be submitted to OMB for SUMMARY: The Agricultural Marketing
PART 51—FRESH FRUITS, Service (AMS) of the Department of
approval. AMS is committed to VEGETABLES AND OTHER
complying with the E-Government Act, Agriculture (USDA) is revising 18 U.S.
PRODUCTS (INSPECTION, grade standards for canned vegetables
to promote the use of the internet and CERTIFICATION, AND STANDARDS)
other information technologies to issued on or before August 3, 1998.
provide increased opportunities for ■ 2. Revise § 51.6 to read as follows: AMS is replacing the two-term grading
citizen access to Government system (dual nomenclature) with a
asabaliauskas on DSK3SPTVN1PROD with RULES
information and services, and for other § 51.6 How to make application. single term to describe each quality
purposes. An application for inspection service level for the grade standards identified
In addition, USDA has not identified may be filed in an office of inspection in this document. Terms using the letter
any relevant Federal rules that at any market referred to in § 51.4 (b), grade will be retained and the
duplicate, overlap or conflict with this (c), or (d) or with any inspector. It may descriptive term will be eliminated. For
rule. be made in writing, orally, example, grade standards using the term
Finally, interested persons are invited electronically, or by telephone. If made ‘‘U.S. Grade A’’ or ‘‘U.S. Fancy’’ will be
to submit comments on this interim orally or by telephone, the inspector revised to use only the term ‘‘U.S. Grade
VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1](https://thefederalregister.org/doc/81_FR_93816/page/2.svg)
Document Created: 2018-02-14 09:12:05
Document Modified: 2018-02-14 09:12:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim rule with request for comments. | |
| Dates | Effective December 22, 2016; comments received by February 21, 2017 will be considered prior to issuance of a final rule. | |
| Contact | Francisco Grazette, USDA, AMS, SCP, SCI Division, 1400 Independence Avenue SW., Room 1536, Stop 0240, Washington, DC 20250-0250; telephone: (202) 720-5870; fax: (202) 720- 0393; email: [email protected] | |
| FR Citation | 81 FR 93571 | |
| CFR Citation | 7
CFR
51 7 CFR 52 | |
| CFR Associated | Food Grades and Standards; Fruits; Nuts; Reporting and Recordkeeping; Vegetables; Food Labeling; Frozen Foods and Reporting and Recordkeeping Requirements |
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