83 FR 27289 - Inspection Application Requirements

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 113 (June 12, 2018)

Page Range		27289-27290
FR Document		2018-12538

The Department of Agriculture (USDA) is adopting as a final rule, without change, an interim rule that amended 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 by adding an option to allow for electronic submissions of inspection applications. The interim rule also eliminated outdated terminology that referenced submission of inspection applications by telegraph.

Federal Register, Volume 83 Issue 113 (Tuesday, June 12, 2018)

[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Rules and Regulations]
[Pages 27289-27290]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12538]



========================================================================
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. 

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


Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Rules 
and Regulations

[[Page 27289]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 51 and 52

[Doc. No. AMS-SC-16-0063 FIR]


Inspection Application Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: The Department of Agriculture (USDA) is adopting as a final 
rule, without change, an interim rule that amended 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 by adding an option 
to allow for electronic submissions of inspection applications. The 
interim rule also eliminated outdated terminology that referenced 
submission of inspection applications by telegraph.

DATES: Effective June 13, 2018.

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.
    USDA is issuing this rule in conformance with Executive Orders 
12866, 13563, and 13175.
    This final 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 continues in effect an interim rule that amended 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 continues in 
effect a change that eliminated outdated terminology referencing the 
telegraph. These changes were administrative in nature and did 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 Act of 1946.
    SCI Division amended 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 its need for an inspection.
    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 system that streamlines the export and 
import process for America's businesses. Implementation of ITDS allows 
businesses to electronically submit import and export cargo data 
required by U.S. Customs and Border Protection (CBP) and its Partner 
Government Agencies (PGAs) through a ``single window'' concept using 
CBP's Automated Commercial Environment (ACE) system.
    The update to the inspection, certification and standards to allow 
for electronic submission of inspection applications meets CBP's 
requirement for ITDS.
    In an interim rule published in the Federal Register on December 
21, 2016, and effective on December 22, 2016 (81 FR 93571, Doc. No. 
AMS-SC-16-0063 IR), Sec. Sec.  51.6 and 52.7 were amended by adding the 
option for electronic submission of inspection applications and 
removing reference to submission by telegraph.

Final 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 final 
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 (13 CFR 121.201). 
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 effect on

[[Page 27290]]

members of the industry as a result of this final rule.
    AMS made 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.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the information collection requirements for the 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 (Regulations 
Governing Inspection Certification, of Fresh & Processed Fruits, 
Vegetables & Other Products 7 CFR part 51 & 52). No changes are 
necessary in those requirements as a result of this action. Should any 
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.
    Comments on the interim rule were required to be received on or 
before March 23, 2017. No comments were received. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: https://www.regulations.gov/document?D=AMS_FRDOC_0001-1559.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. chapter 35); and the E-Gov Act (44 
U.S.C. 101).

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
Accordingly, the interim rule that amended 7 CFR parts 51 and 52, 
published at 81 FR 93571 on December 21, 2016, is adopted as a final 
rule without change.

    Dated: June 6, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-12538 Filed 6-11-18; 8:45 am]
 BILLING CODE 3410-02-P

27289

Rules and Regulations Federal Register
Vol. 83, No. 113

Tuesday, June 12, 2018

This section of the FEDERAL REGISTER inspection, certification and standard fruit, vegetable, and specialty crop
contains regulatory documents having general requirements for fresh and processed imports must complete and file AMS’s
applicability and legal effect, most of which fruit, vegetable and specialty crops to form SC–357, Initial Inspection Request
are keyed to and codified in the Code of ensure uniformity and consistency. for Regulated Imported Commodities, in
Federal Regulations, which is published under USDA is issuing this rule in writing or electronically, to notify AMS
50 titles pursuant to 44 U.S.C. 1510.
conformance with Executive Orders of its need for an inspection.
The Code of Federal Regulations is sold by 12866, 13563, and 13175. Amending parts 51 and 52 of title 7
the Superintendent of Documents. This final rule has been reviewed to provide for the electronic filing of the
under Executive Order 12988, Civil application for inspection supports the
Justice Reform. This rule is not intended International Trade Data System (ITDS),
DEPARTMENT OF AGRICULTURE to have retroactive effect and does not a system that streamlines the export and
preempt any state or local law, import process for America’s
Agricultural Marketing Service regulation, or policy unless it presents businesses. Implementation of ITDS
an irreconcilable conflict with this rule. allows businesses to electronically
7 CFR Parts 51 and 52 There are no administrative procedures submit import and export cargo data
[Doc. No. AMS–SC–16–0063 FIR] which must be exhausted prior to any required by U.S. Customs and Border
judicial challenge to the provisions of Protection (CBP) and its Partner
Inspection Application Requirements this rule. Government Agencies (PGAs) through a
AGENCY: Agricultural Marketing Service, This rule continues in effect an ‘‘single window’’ concept using CBP’s
USDA. interim rule that amended the Automated Commercial Environment
inspection, certification and standards (ACE) system.
ACTION: Affirmation of interim rule as
requirements for fresh fruits, vegetables The update to the inspection,
final rule. and other products and processed fruits certification and standards to allow for
SUMMARY: The Department of and vegetables, processed products and electronic submission of inspection
Agriculture (USDA) is adopting as a certain other processed food products (7 applications meets CBP’s requirement
final rule, without change, an interim CFR parts 51 and 52) by adding an for ITDS.
rule that amended the inspection, option to allow for electronic In an interim rule published in the
certification and standards requirements submissions of inspection applications. Federal Register on December 21, 2016,
for fresh fruits, vegetables and other This rule also continues in effect a and effective on December 22, 2016 (81
products and processed fruits and change that eliminated outdated FR 93571, Doc. No. AMS–SC–16–0063
vegetables, processed products and terminology referencing the telegraph. IR), §§ 51.6 and 52.7 were amended by
certain other processed food products These changes were administrative in adding the option for electronic
by adding an option to allow for nature and did not impose any new submission of inspection applications
electronic submissions of inspection requirements on applicants. and removing reference to submission
applications. The interim rule also Pursuant to Section 8e of the by telegraph.
eliminated outdated terminology that Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674) Final Regulatory Flexibility Analysis
referenced submission of inspection
applications by telegraph. (Act of 1937), whenever certain Pursuant to the requirements of the
commodities are regulated under Regulatory Flexibility Act (RFA), 5
DATES: Effective June 13, 2018.
Federal marketing orders, imports of U.S.C. 601–612, AMS has considered
FOR FURTHER INFORMATION CONTACT: those commodities into the United the economic impact of this action on
Francisco Grazette, USDA, AMS, SCP, States are prohibited unless they meet small entities. Accordingly, AMS has
SCI Division, 1400 Independence the same or comparable grade, size, prepared this final regulatory flexibility
Avenue SW, Room 1536, Stop 0240, quality or maturity requirements as analysis.
Washington, DC 20250–0250; telephone: those in effect for domestically The purpose of the RFA is to fit
(202) 720–5870; fax: (202) 720–0393; produced commodities. The Act of 1937 regulatory actions to the scale of
email: Francisco.Grazette@ also authorizes USDA to perform businesses subject to such actions in
ams.usda.gov. inspections and other related functions order that small businesses will not be
SUPPLEMENTARY INFORMATION: Section (such as commodity sampling) on those unduly or disproportionately burdened.
203(c) (7 U.S.C. 1622(c)) of the commodities and to certify whether Small agricultural producers are
Agricultural Marketing Act of 1946 (7 these requirements have been met. defined by the Small Business
U.S.C. 1621–1627) (Act of 1946), as AMS’s Specialty Crops Inspection Administration (SBA) as those having
amended, directs and authorizes the (SCI) Division performs the inspections annual receipts of no more than
Secretary of Agriculture to develop and and other related functions on Section $750,000 and small agricultural service
improve standards of quality, condition, 8e imports in accordance with its firms are defined as those having annual
sradovich on DSK3GMQ082PROD with RULES

quantity, grade, and packaging, and authority under the Act of 1946. receipts of no more than $7.5 million
recommend and demonstrate such SCI Division amended 7 CFR parts 51 (13 CFR 121.201). Under these
standards in order to encourage and 52 to add the ability to submit definitions, AMS estimates the number
uniformity and consistency in initial inspection requests electronically of companies affected is approximately
commercial practices. and eliminate terminology referencing 60,000 with 24,000, or 40%, of the
Parts 51 and 52 of title 7 of the Code the telegraph. Individuals desiring to companies considered small businesses.
of Federal Regulations specify the apply for an inspection for applicable AMS does not foresee any effect on

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27290 Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Rules and Regulations

members of the industry as a result of 21, 2016, is adopted as a final rule costs to the public as explained in the
this final rule. without change. preamble of the DoD-level FOIA rule
AMS made these administrative Dated: June 6, 2018. published at 83 FR 5196–5197.
changes to allow for the use of current This rule is not significant under
Bruce Summers,
technology by allowing the application Executive Order (E.O.) 12866,
Administrator, Agricultural Marketing ‘‘Regulatory Planning and Review,’’
for inspection to be submitted Service.
electronically and eliminating therefore, E.O. 13771, ‘‘Reducing
[FR Doc. 2018–12538 Filed 6–11–18; 8:45 am]
references to filing applications for Regulation and Controlling Regulatory
BILLING CODE 3410–02–P Costs’’ does not apply.
service by telegraph.
In accordance with the Paperwork List of Subjects in 32 CFR Part 287
Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection DEPARTMENT OF DEFENSE Freedom of information.
requirements for the SC–357, Initial
Office of the Secretary PART 287—[REMOVED]
Inspection Request for Regulated
Imported Commodities, was previously ■ Accordingly, by the authority of 5
approved by the Office of Management 32 CFR Part 287
U.S.C. 301, 32 CFR part 287 is removed.
and Budget (OMB) and assigned OMB [Docket ID: DOD–2017–OS–0019]
Dated: June 7, 2018.
No. 0581–0125, effective August 1, 2016 RIN 0790–AJ60 Aaron T. Siegel,
(Regulations Governing Inspection
Certification, of Fresh & Processed Alternate OSD Federal Register Liaison
Defense Information Systems Agency Officer, Department of Defense.
Fruits, Vegetables & Other Products 7 Freedom of Information Act Program [FR Doc. 2018–12569 Filed 6–11–18; 8:45 am]
CFR part 51 & 52). No changes are
necessary in those requirements as a AGENCY: Defense Information Systems BILLING CODE 5001–06–P

result of this action. Should any changes Agency, DoD.
become necessary, they would be ACTION: Final rule.
submitted to OMB for approval. DEPARTMENT OF HOMELAND
AMS is committed to complying with SUMMARY: This final rule removes DoD’s SECURITY
the E-Government Act, to promote the regulation concerning the Defense
use of the internet and other Information Systems Agency (DISA) Coast Guard
information technologies to provide Freedom of Information Act program.
increased opportunities for citizen On February 6, 2018, the DoD published 33 CFR Part 165
access to Government information and a FOIA program final rule as a result of [Docket No. USCG–2018–0534]
services, and for other purposes. the FOIA Improvement Act of 2016.
In addition, USDA has not identified When the DoD FOIA program rule was Safety Zones; Annual Fireworks
any relevant Federal rules that revised, it included DoD component Displays Within the Sector Columbia
duplicate, overlap or conflict with this information and removed the River Captain of the Port Zone
rule. requirement for component
AGENCY: Coast Guard, DHS.
Comments on the interim rule were supplementary rules. The DoD now has
one DoD-level rule for the FOIA ACTION: Notice of enforcement of
required to be received on or before
program that contains all the codified regulation.
March 23, 2017. No comments were
received. Therefore, for the reasons information required for the SUMMARY: The Coast Guard will enforce
given in the interim rule, we are Department. Therefore, this part can be regulations for two safety zones at
adopting the interim rule as a final rule, removed from the CFR. various locations in the Sector Columbia
without change. DATES: This rule is effective on June 12, River Captain of the Port zone. This
To view the interim rule, go to: 2018. action is necessary to provide for the
https://www.regulations.gov/ FOR FURTHER INFORMATION CONTACT: safety of life on these navigable waters
document?D=AMS_FRDOC_0001-1559. Robin Berger at 301–225–6104. during fireworks displays. During the
This action also affirms information SUPPLEMENTARY INFORMATION: It has been times these safety zone regulations are
contained in the interim rule concerning determined that publication of this CFR subject to enforcement, persons and
Executive Orders 12866, 12988, 13175, part removal for public comment is vessels are prohibited from being in the
and 13563; the Paperwork Reduction impracticable, unnecessary, and safety zone unless authorized by the
Act (44 U.S.C. chapter 35); and the contrary to public interest since it is Captain of the Port Sector Columbia
E-Gov Act (44 U.S.C. 101). based on removing DoD internal River or a designated representative.
List of Subjects policies and procedures that are DATES: The regulations in 33 CFR
publically available on the Department’s 165.1315 will be enforced for the safety
7 CFR Part 51 website. zones identified in the SUPPLEMENTARY
Food grades and standards, Fruits, DISA internal guidance concerning INFORMATION section below for the dates
Nuts, Reporting and recordkeeping, the implementation of the FOIA within and times in July 2018 specified in this
Vegetables. DISA will continue to be published in document.
DISA Instruction 630–225–8 (available FOR FURTHER INFORMATION CONTACT: If
7 CFR Part 52 you have questions about this notice of
at http://disa.mil/∼/media/Files/DISA/
sradovich on DSK3GMQ082PROD with RULES

Food grades and standards, Food About/Publication/Instruction/ enforcement, call or email LCDR Laura
labeling, Frozen foods, Fruits, Reporting di6302258.pdf). Springer, Waterways Management
and recordkeeping requirements, This rule is one of 14 separate DoD Division, Marine Safety Unit Portland,
Vegetables. FOIA rules. With the finalization of the Coast Guard; telephone 503–240–9319,
■ Accordingly, the interim rule that DoD-level FOIA rule at 32 CFR part 286, email msupdxwwm@uscg.mil.
amended 7 CFR parts 51 and 52, the Department is eliminating the need SUPPLEMENTARY INFORMATION: These
published at 81 FR 93571 on December for this separate FOIA rule and reducing following two safety zones found in 33

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Document Created: 2018-06-12 00:47:40
Document Modified: 2018-06-12 00:47:40

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		Affirmation of interim rule as final rule.
Dates		Effective June 13, 2018.
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		83 FR 27289
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

83 FR 27289 - Inspection Application Requirements

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 83, Issue 113 (June 12, 2018)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service