81 FR 93572 - United States Standards for Grades of Canned Vegetables
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 | 93572-93574 | |
| FR Document | 2016-30619 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Rules and Regulations] [Pages 93572-93574] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30619] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 52 [Document Number AMS-FV-15-0049, FV-16-332] United States Standards for Grades of Canned Vegetables AGENCY: Agricultural Marketing Service, USDA. ACTION: Final notice of U.S. grade standards. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising 18 U.S. grade standards for canned vegetables issued on or before August 3, 1998. AMS is replacing the two-term grading system (dual nomenclature) with a single term to describe each quality level for the grade standards identified in this document. Terms using the letter grade will be retained and the descriptive term will be eliminated. For example, grade standards using the term ``U.S. Grade A'' or ``U.S. Fancy'' will be revised to use only the term ``U.S. Grade [[Page 93573]] A.'' Likewise, grade standards using the term ``U.S. Grade B'' or ``U.S. Extra Standard'' will be revised to use the single term ``U.S. Grade B.'' These changes will bring the grade standards in line with the present quality levels being marketed today and provide guidance in the effective use of these products. Editorial changes will also be made to the grade standards that conform to recent changes made in other grade standards. DATES: These grade standards go into effect January 20, 2017. ADDRESSES: Standardization Branch, Specialty Crops Inspection Division, Specialty Crops Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 0709- South Building; STOP 0247, Washington, DC 20250. FOR FURTHER INFORMATION CONTACT: Dana N. White, at the address above, by phone (202) 720-5870; fax (202) 690-1527; or email: [email protected]. Copies of the revised U.S. standards for grades for the 18 canned vegetables covered by this document will be available on the Internet at http://www.ams.usda.gov/grades-standards/vegetables. SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 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.'' AMS is committed to carrying out this authority in a manner that facilitates the marketing of agricultural commodities and makes copies of official standards available upon request. The U.S. standards for grades of fruits and vegetables not connected with Federal Marketing Orders or U.S. import requirements no longer appear in the Code of Federal Regulations, but are maintained by USDA, AMS, Specialty Crops Program and are available on the internet at: http://www.ams.usda.gov/grades-standards/vegetables. AMS revised these U.S. Standards for Grades using the procedures that appear in part 36 of title 7 of the Code of Federal Regulations (7 CFR part 36). BACKGROUND: AMS periodically reviews the grade standards for usefulness in serving the industry. AMS has determined that changes to 18 grade standards covering various canned vegetables are required. More recently developed grade standards use a single term, such as ``U.S. Grade A'' or ``U.S. Grade B,'' to describe each level of quality within a grade standard. Older grade standards used dual nomenclature, such as ``U.S. Grade A'' and ``U.S. Fancy,'' ``U.S. Grade B'' and ``U.S. Extra Standard,'' and ``U.S. Grade C'' and ``U.S. Standard,'' to describe the same level of quality. The terms ``U.S. Fancy,'' ``U.S. Extra Standard,'' and ``U.S. Standard'' will be removed and the terms ``U.S. Grade A,'' ``U.S. Grade B,'' and ``U.S. Grade C'' will be used exclusively. AMS proposed editorial changes to these grade standards, i.e., updating addresses to obtain copies of the grade standards, removing specific addresses for licensed suppliers of color standards and inspection aids, and updating Code of Federal Regulations references where applicable. Contact information for current licensed suppliers is available in the Fresh and Processed Equipment Catalog on the AMS Web site at: http://www.ams.usda.gov/grades-standards/how-purchase-equipment-and-visual-aids. SUPPLEMENTARY INFORMATION: These revisions will provide a format that is consistent with those of other grade standards (75 FR 43141). The following table summarizes the changes made by AMS. ---------------------------------------------------------------------------------------------------------------- Change level of quality U.S. Standards for grades of canned Effective date designation to single Other revisions proposed term ---------------------------------------------------------------------------------------------------------------- Asparagus............................. 06/20/73 Yes...................... Update address for standards. Correct Standard of Identity citation. Beets................................. 08/03/98 Yes...................... Update address for standards. Carrots............................... 08/03/98 Yes...................... Update address for standards. Chili Sauce........................... 10/20/53 Yes...................... Update address for standards. Corn, Cream Style..................... 07/01/57 Yes...................... Update address for standards. Add Standard of Identity citation. Add Latin name. Hominy................................ 03/10/58 Yes...................... Update address for standards. Leafy Greens.......................... 09/01/73 Yes...................... Update address for standards. Add titles to Tables IV and V. Correct Standard of Identity citation. Okra.................................. 07/08/57 Yes...................... Update address for standards. Okra and Tomatoes or Tomatoes and Okra 12/24/57 Yes...................... Update address for standards. Onions................................ 11/02/57 Yes...................... Update address for standards. Add titles for Tables II and III. Add Standard of Identity citation. Peas and Carrots...................... 07/20/70 Yes...................... Update address for standards. Peas, Field and Black-eye Peas........ 07/01/57 Yes...................... Update address for standards. Replace ``U.S. Grade D'' with ``Substandard.'' Pimientos............................. 10/23/67 Yes...................... Update address for standards. Pumpkin (Squash)...................... 07/01/57 Yes...................... Update address for standards. Sauerkraut............................ 05/13/63 Yes...................... Update address for standards. Spinach............................... 05/08/71 Yes...................... Update address for standards. Correct Standard of Identity citation. Squash (Summer Type).................. 05/25/59 Yes...................... Update address for standards. Succotash............................. 05/24/67 Yes...................... Update address for standards. Replace ``U.S. Grade D'' with ``Substandard.'' Put ``proportion of ingredients'' in outline form. ---------------------------------------------------------------------------------------------------------------- [[Page 93574]] These revisions provide a common language for trade and better reflect the current marketing of fruits and vegetables. On June 17, 2016, AMS published a Proposed Notice in the Federal Register (81 FR 39596) soliciting comments on replacing the two-term grading system with a single term to describe each quality level for the grade standards identified in this document. Two comments were received by August 16, 2016, the closing date of the public comment period, from one private citizen and one individual associated with a tribal government agency. The two comments supported the replacement of the two-term grading system with a single term as a positive step forward. USDA stands by its decision to replace the two-term grading system (dual nomenclature) with a single term. Based on the information gathered, AMS is removing the two-term grading system (dual nomenclature) and making editorial changes to the aforementioned U.S. Standards for Grade. The revision brings these grade standards in line with other recently amended standards and current terminology, and updates the standards to more accurately represent today's marketing practices. Authority: 7 U.S.C. 1621-1627. Dated: December 15, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-30619 Filed 12-20-16; 8:45 am] BILLING CODE 3410-02-P
![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
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![93574 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations
These revisions provide a common 20250–2308, Telephone: (202) 720– Congressional Review Act
language for trade and better reflect the 9110. OIG has determined that this rule is
current marketing of fruits and not a major rule as defined by the
SUPPLEMENTARY INFORMATION: The
vegetables. Congressional Review Act, 5 U.S.C. 804.
regulation on USDA–OIG’s organization,
On June 17, 2016, AMS published a
functions, and delegations of authority List of Subjects in 7 CFR Part 2610
Proposed Notice in the Federal Register
was last published in 1995 (60 FR
(81 FR 39596) soliciting comments on Authority delegations (Government
52840). Since that time, OIG has had
replacing the two-term grading system agencies), Organization and functions
several internal reorganizations. In order
with a single term to describe each (Government agencies).
to provide the public with current
quality level for the grade standards
information regarding OIG’s ■ For the reasons set forth in the
identified in this document. Two
organization, functions, and delegations preamble, the Office of Inspector
comments were received by August 16,
of authority, OIG is amending its General revises 7 CFR part 2610 to read
2016, the closing date of the public
regulations. as follows:
comment period, from one private
citizen and one individual associated Administrative Procedure Act PART 2610—ORGANIZATION,
with a tribal government agency. This rule relates to agency FUNCTIONS, AND DELEGATIONS OF
The two comments supported the organization and internal agency AUTHORITY
replacement of the two-term grading management. Pursuant to 5 U.S.C.
system with a single term as a positive 553(A), such rules are not subject to the
Sec.
step forward. USDA stands by its 2610.1 General statement.
requirement to provide public notice of 2610.2 Headquarters organization.
decision to replace the two-term grading proposed rulemaking and opportunity
system (dual nomenclature) with a 2610.3 Regional organization.
for public comment. Therefore, notice 2610.4 Requests for service.
single term. and comment before the effective date 2610.5 Delegations of authority.
Based on the information gathered,
are being waived. Authority: 5 U.S.C. 301, 552; Inspector
AMS is removing the two-term grading
system (dual nomenclature) and making Executive Orders 12866 and 13563 General Act of 1978, as amended, 5 U.S.C.
app.; 7 U.S.C. 2270.
editorial changes to the aforementioned OIG has reviewed this rule to ensure
U.S. Standards for Grade. The revision its consistency with the regulatory § 2610.1 General statement.
brings these grade standards in line with philosophy and principles set forth in (a) The Inspector General Act of 1978,
other recently amended standards and Executive Orders 12866 and 13563. OIG as amended, 5 U.S.C. app. (IG Act),
current terminology, and updates the has determined that this rule is non- established an Office of Inspector
standards to more accurately represent significant within the meaning of General (OIG) in the U.S. Department of
today’s marketing practices. Executive Order 12866. Therefore, this Agriculture (USDA) and transferred to it
Authority: 7 U.S.C. 1621–1627. rule is not required to be and has not the functions, powers, and duties of
Dated: December 15, 2016. been reviewed by the Office of offices referred to in the Department as
Elanor Starmer, Management and Budget (OMB). the ‘‘Office of Investigation’’ and the
‘‘Office of Audit,’’ previously assigned
Administrator, Agricultural Marketing Regulatory Flexibility Act
Service. to the OIG created by the Secretary’s
These regulations will not have a Memoranda 1915 and 1727, dated
[FR Doc. 2016–30619 Filed 12–20–16; 8:45 am]
significant economic impact on a March 23, 1977, and October 5, 1977,
BILLING CODE 3410–02–P
substantial number of small entities. respectively. Under the IG Act, OIG was
Therefore, a regulatory flexibility established as an independent and
DEPARTMENT OF AGRICULTURE analysis as provided by the Regulatory objective unit, headed by the Inspector
Flexibility Act, as amended, is not General (IG), who is appointed by the
Office of Inspector General required. President and reports to and is under
the general supervision of the Secretary.
Executive Order 12291 (b) OIG conducts and supervises
7 CFR Part 2610
This rule relates to internal agency audits and investigations relating to
Organization, Functions, and organization and management. Department programs and operations;
Delegations of Authority Therefore, it is exempt from the provides leadership and coordination
provisions of Executive Order 12291. and recommends policies for activities
AGENCY: Office of Inspector General, designed to promote economy,
USDA. Paperwork Reduction Act
efficiency, and effectiveness in the
ACTION: Final rule. These regulations impose no administration of, and to prevent and
additional reporting and recordkeeping detect fraud and abuse in, such
SUMMARY: The U.S. Department of requirements. Therefore, clearance by programs and operations; and provides
Agriculture (USDA), Office of Inspector OMB is not required. a means for keeping the Secretary of
General (OIG) amends its regulation
Agriculture and the Congress fully and
relating to organization, functions, and Federalism (Executive Order 13132)
currently informed about problems and
delegations of authority. The This rule does not have Federalism deficiencies relating to the
amendments are necessary to reflect
asabaliauskas on DSK3SPTVN1PROD with RULES
implications, as set forth in Executive administration of such programs and
reorganizations within OIG. Order 13132. It will not have substantial operations and the necessity for and
DATES: Effective December 21, 2016. direct effects on the States, on the progress of corrective action.
FOR FURTHER INFORMATION CONTACT: relationship between the national (c) The IG has specific duties,
Christy Slamowitz, Counsel to the government and the States, or on the responsibilities, and authorities
Inspector General, U.S. Department of distribution of power and pursuant to the IG Act, including to:
Agriculture, 1400 Independence Avenue responsibilities among the various (1) Provide policy direction for, and
SW., Room 441–E, Washington, DC levels of government. conduct, supervise, and coordinate
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Document Created: 2018-02-14 09:11:39
Document Modified: 2018-02-14 09:11:39
| 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 | Final notice of U.S. grade standards. | |
| Dates | These grade standards go into effect January 20, 2017. | |
| FR Citation | 81 FR 93572 |
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