[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Rules and Regulations]
[Pages 9367-9369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5325]



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[[Page 9368]]


DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 260-267

[Docket No. 960222044-6044-01; I.D. 022096D]


Removal and Revision of Inspection Standards and Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: In response to the President's Regulatory Reform Initiative, 
NMFS amends the Code of Federal Regulations (CFR) by removing the 
product-specific voluntary Inspection Program (Program) standards for 
grades for fish and fishery products. These standards will be issued as 
Program policies and be contained in the NMFS Fishery Products 
Inspection Manual. The remaining regulations on these standards in the 
CFR are being revised to state the minimum requirements necessary for a 
grade standard to be issued as a Program policy.

EFFECTIVE DATE: March 8, 1996.

FOR FURTHER INFORMATION CONTACT: Richard V. Cano, Inspection Services 
Division, (301) 713-2355.

SUPPLEMENTARY INFORMATION: In an effort to reduce the volume of 
regulations that are maintained in the CFR, the Administration 
instructed all Departments to review their regulations to determine 
what could be eliminated, reinvented or consolidated. NMFS determined 
that it could reduce NOAA's regulatory burden as well as be more 
responsive to the industry's technological advances and the demands of 
the marketplace by issuing its voluntary United States Standards for 
Grades as Program policies instead of publishing them in the CFR. 
Compliance with a voluntary standard issued as a Program policy does 
not relieve any party from the responsibility to comply with the 
provisions of the Federal Food, Drug, and Cosmetic Act or other Federal 
laws and regulations.
    Any notices of application to the Program for a new grade standard 
will continue to be published in the Federal Register for comment.

Background

    NMFS operates a voluntary fee-for-service inspection program so 
that fishery products may be marketed to the best advantage, trading 
may be facilitated, and consumers may be able to obtain the quality 
product they desire. The Program's regulations pertaining to grades of 
fishery products apply primarily to those who use or advertise the 
Program's services to demonstrate compliance with established 
processing requirements and nationally recognized quality criteria. 
Standards for grades are voluntary standards developed pursuant to 
delegated authorities of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1621 et seq.). The Program does not require the use of these 
standards.
    Standards for grades are mechanisms for sorting raw and processed 
fish and fishery products into different levels of quality. 
Distinctions between levels of quality, or grade categories, are made 
within single product groups (e.g., fish portions to fish portions) and 
not across product groups (e.g., fish portions to frozen shrimp). Each 
level of quality is based on the absence of undesirable attributes or 
characteristics. Since each product group has different inherent 
attributes and characteristics, a separate standard for grades is 
necessary for each product group. For example, breaded fish portions 
have inherently different defect characteristics, such as blood spots, 
bones, and scales, than frozen shrimp.
    A major function of the Program's voluntary standards for grades is 
to provide users with a uniform measure of product quality and a 
common, national, commercial language for trade. Nationally recognized 
standards for grades facilitate efficient and orderly marketing of fish 
and fishery products and allow buyers to make informed decisions. 
Additionally, international traders of fish and fishery products 
frequently use the criteria in the grade standards as buyer/seller 
references.
    Development or revision of a grade standard is performed at the 
request of the industry or at the suggestion of NMFS if it is believed 
that considerable technological changes have occurred in an industry 
that render the current standard outdated. In either case, there must 
be adequate interest by affected parties in developing or revising a 
standard, since it must reflect the needs and capabilities of the 
industry and users as a whole. The grade standards are developed 
cooperatively with Government, industry, and users of the standards 
(i.e., Department of Agriculture, Department of Defense, retailers, 
restaurateurs, etc.) participating in technical working groups. The 
draft standard is field-tested and the results collected by NMFS 
inspectors and industry quality assurance personnel are analyzed to 
assess the draft standard's performability.
    The Program intends to retain the same reasonable and reliable 
procedures in the development of grade standards but eliminate the 
inherent delays in formal rulemaking. These time constraints have 
prevented U.S. processors from obtaining the marketing benefits of the 
grade marks and also hindered the consumer's ability to identify and 
choose fishery products of consistent high quality. These delays are 
particularly aggravating and unnecessary when minimal revisions to 
standards are necessary to address changing processing conditions, 
product forms, or market demands. Therefore, NMFS concluded it could 
better serve Program participants and the public if the standards for 
grades were issued as Program policy. This action is consistent with 
the President's Regulatory Reform Initiative to reduce the volume of 
regulations.
    All Program policies are contained within the NMFS Fishery Products 
Inspection Manual and will no longer appear in the CFR. A new paragraph 
at Sec. 260.84 will reference the manual.

Classification

    Because this rule only removes voluntary standards that have been 
determined need not be published as regulations, no useful purpose 
would be served by providing prior notice and opportunity for public 
comment on this rule. Accordingly, under 5 U.S.C. 553(b)(B), the 
Assistant Administrator for Fisheries, NOAA (AA) for good cause, finds 
that it is unnecessary to provide prior notice and an opportunity for 
public comment for this rule. Also, because this rule only removes 
regulations that are no longer needed and the revisions impose no new 
obligations, the AA, for good cause, finds that no useful purpose would 
be served by delaying the rule's effective date for 30 days. Therefore, 
this rule is made effective upon publication.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects

    50 CFR Part 260
    Food grades and standards, Food labeling, Seafood.
    50 CFR 261-267
    Food grades and standards, Frozen foods, Seafood.


[[Page 9369]]

    Dated: February 29, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR Chapter VI is 
amended as follows:
PART 260--INSPECTION AND CERTIFICATION
    1. The authority citation for part 260 continues to read as 
follows:

    Authority: Section 6, 70 Stat. 1122, 16 U.S.C. 742e; secs. 203, 
205, 60 Stat. 1087, 1090 as amended; 7 U.S.C. 1622, 1624; 
Reorganization Plan No. 4 of 1970 (84 Stat. 2090).

    2. Section 260.84 is added under the undersignated center heading 
``miscellaneous'' to read as follows:
Sec. 260.84  Policies and procedures.
    The policies and procedures pertaining to any of the inspection 
services are contained within the NMFS Fishery Products Inspection 
Manual. The policies and procedures are available from the Secretary to 
any interested party by writing to Document Approval and Supply 
Services Branch, Inspection Services Division, P.O. Drawer 1207, 3207 
Frederic St., Pascagoula, MS 39568-1207.
    3. Part 261 is revised to read as follows:

PART 261--UNITED STATES STANDARDS FOR GRADES

Sec. 261.101  Standard description.
Sec. 261.102  Publication and removal of U.S. Grade Standards.
Sec. 261.103  Basis for determination of a U.S. Standard for Grades.
Authority:  7 U.S.C. 1621-1630

Sec. 261.101  Standard description.

    A U.S. Standard for Grades authorized under this part is a standard 
for a fish or fishery product that has been developed and adopted by 
the voluntary seafood inspection program pursuant to the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and other authorities 
delegated to the U.S. Department of Commerce.


Sec. 261.102  Publication and removal of U.S. Grade Standards.

    (a) The voluntary U.S. Standards for Grades adopted pursuant to 
this part shall be issued as Program policies and contained within the 
NMFS Fishery Products Inspection Manual. Compliance with voluntary 
standards issued as Program policies within the manual shall satisfy 
the requirements of this part. Compliance with a voluntary standard 
issued as a Program policy does not relieve any party from the 
responsibility to comply with the provisions of the Federal Food, Drug, 
and Cosmetic Act; or other Federal laws and regulations.
    (b) Notification of an application for a new grade standard shall 
be published in the Federal Register. If adopted, the grade standard 
shall be issued as a Program policy and contained in the NMFS Fishery 
Products Inspection Manual.
    (c) Recision and revision of a U.S. Standard for Grades will be 
made a Program policy amendment and contained in the NMFS Fishery 
Products Inspection Manual.
    (d) The NMFS Fishery Products Inspection Manual is available to 
interested parties.
Sec. 261.103  Basis for determination of a U.S. Standard for Grades.
    (a) To address the inherently distinct and dissimilar attributes 
found in the fishery product groups, each standard for grades should 
have a different scope and product description, product forms, sample 
sizes, definition of defects, etc. The Secretary will make the final 
determination regarding the content of a U.S. Standard for Grades.
    (b) A proposal for a new or revised U.S. grade standard may include 
the following:
    (1) Scope and product description, which describes the products 
that are eligible for grading using the standard (e.g., fish portion, 
fish fillet).
    (2) Product forms, which describe the types, styles and market 
forms covered by the standard (e.g., skin-off, tail-on, headless).
    (3) Grade and inspection marks, which describe the grades and 
inspection mark criteria for each grade category (e.g., Grade A 
 15 points).
    (4) Grade determination, which describes the means by which the 
grade is determined (i.e., the factors rated by score points and those 
that are not). Standards may contain defect grouping limiting rules 
that contain additional provisions that must be met.
    (5) Sampling, which describes the method of sampling and sample 
unit sizes (e.g., 10 portions, 8 ounces, etc.).
    (6) Procedures that describe the process used to determine the 
product grade (e.g., label declarations, sensory evaluation).
    (7) Definitions of defects, which outline the defects associated 
with the products covered by the standard, defines them, and describes 
the method of counting or measuring the defects. This section may 
provide associated defect points or reference a defect table (e.g., 
bruises, blood spots, bones, black spots, coating defects, 1-inch 
squares, percent by weight, ratios).
    (8) Defect point assessment, which describes how to assess points 
and provides any special guidance that may be necessary to the 
particular standard (e.g., defect points for certain categories are 
added together and divided by the weight of the sample unit; the number 
of instances are counted to determine if it is slight, moderate, or 
excessive defect).
    (9) Tolerances for lot certification, which provide the sections 
from Title 50 CFR that regulate lot certification.
    (10) Hygiene, which specifies the sections of applicable Federal 
regulations regulating the safe, wholesome production of food for human 
consumption.
    (11) Methods of analysis, which describe the methods of analysis 
that will be used in the evaluation of the products covered by the 
standard for grades (e.g., net weight, deglazing, debreading).
    (12) Defect table, which is the table of defects and associated 
points to be assessed for each defect.
PARTS 262 THROUGH 267--[REMOVED]
    4. Under the authority of 16 U.S.C. 742e and 7 U.S.C. 1622, 1624, 
parts 262 through 267 are removed.
[FR Doc. 96-5325 Filed 3-7-96; 8:45 am]
BILLING CODE 3510-22-F