[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Rules and Regulations]
[Pages 35500-35502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17349]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 29, 31, 32, 36, 51, 52, 53, 54, 56, 58, 70, and 160
[Docket Number FV-95-303]
Removal of U.S. Grade Standards and Other Selected Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture is adopting two interim final
rules concerning removal of voluntary U.S. grade standards and other
selected regulations from the Code of Federal Regulations (CFR). This
action is part of the National Performance Review Program to eliminate
unnecessary regulations and improve those that remain in force.
EFFECTIVE DATE: July 30, 1998.
FOR FURTHER INFORMATION CONTACT: Eric Forman, Associate Deputy
Administrator, Fruit and Vegetable Programs, USDA, AMS, Room 2085-S,
P.O. Box 96456, Washington, D.C. 20090-6456, (202) 690-0262.
SUPPLEMENTARY INFORMATION: An interim final rule was published in the
Federal Register on December 4, 1995. That rule removed most of the
voluntary U.S. grade standards and other selected regulations covering
a number of agricultural commodities (dairy products, tobacco, wool,
mohair, fresh and processed fruits and vegetables, livestock, meats and
meat products, eggs, and poultry and rabbit products) from the CFR. A
second interim final rule was published on August 13, 1997 which:
removed from the CFR those standards that had been retained pending
completion of rulemaking at the time an interim final rule was
published on December 4, 1995 which removed most of the U.S. standards
from the CFR; reinstated the U.S. standards for Wisconsin Cigar-Binder
Tobacco, and regulations related to the purchase of samples of wool and
of mohair grades; and, lastly added a new part titled ``Procedures by
Which the Agricultural Marketing Service Develops, Revises, Suspends,
or Terminates Voluntary Official Grade Standards.'' These procedures
were first discussed in the original interim rule and further developed
and published in the August 13, 1997 interim final rule providing
specifics as to the procedures that AMS will follow when developing,
revising, suspending, or terminating voluntary U.S. grade standards.
The Department is making final the December 4, 1995, interim final
rule, and the August 13, 1997, interim final rule. This regulatory
action is being taken as part of the National Performance Review
program to eliminate unnecessary regulations and improve those that
remain in force.
Executive Order 12866
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have preemptive effect
with respect to any State or local laws, regulations, or policies
unless they present an irreconcilable conflict with this rule. This
rule is not intended to have retroactive effect. There are no
administrative procedures which must be exhausted prior to any judicial
challenge to this rule or the application of its provisions.
Effect on Small Entities
This action was reviewed under the Regulatory Flexibility Act (RFA)
(5
[[Page 35501]]
U.S.C. 601 et seq.). The Administrator of AMS has determined that this
action will not have a significant economic impact on a substantial
number of small entities. 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.
The United States standards issued or revised pursuant to the
Agricultural Marketing Act, and issued thereunder, are administered
under the direction of the Administrator of AMS and, as in the past,
will be based on input from interested parties, including various
industries which are mostly comprised of small entities as defined by
the Small Business Administration (13 CFR 121.601). Other users of the
various standards are government agencies including USDA's Farm
Services Agency and the Foreign Agricultural Service.
Removal of voluntary standards and other selected regulations
covering a number of agricultural commodities from the CFR is expected
to benefit the affected industries because it will provide for more
timely improvement in the standards in accordance with the published
procedures. Notice of any actions as to the development, revision,
suspension or termination of U.S. standards will be published in the
Federal Register with request for comment to ensure that all interested
parties, including small businesses as well as the general public, have
an opportunity to have their views considered regarding any actions
taken concerning the U.S. grade standards. This rule will specify a new
CFR part titled ``Procedures by Which the Agricultural Marketing
Service Develops, Revises, Suspends, or Terminates Voluntary Official
Grade Standards.'' These procedures reflect the steps that were
discussed in the original interim final rule concerning the procedures
that AMS will follow when developing, revising, suspending, or
terminating U.S. grade standards.
Paperwork Reduction Act
In accordance with the provisions of the Paperwork Reduction Act,
the information collection requirements contained in the provisions
have been previously approved by the Office of Management and Budget.
Background
The Secretary of Agriculture is authorized under various statutes
to provide various services to provide Federal grading/certification
services and to develop and establish efficient marketing methods and
practices of agricultural commodities. For more than 75 years, AMS has
facilitated the marketing of agricultural commodities by developing
official U.S. grade standards which provide a uniform language that may
be used to describe the characteristics of more than 450 commodities as
valued by the marketplace. These standards are widely used in private
contracts, government procurement, marketing communication and, for
some commodities, consumer information.
Although use of the U.S. standards is usually voluntary, they have
through the years been promulgated as regulations and codified in the
CFR. Rapid changes in consumer preferences, together with associated
changes in commodity characteristics, processing technology, and
marketing practices have often out paced the revision of existing or,
the issuance of new regulations. As a result, the marketplace has been
in some instances burdened with outdated trading language. The
President's regulatory review initiative provided the impetus to
develop new approaches to meet more effectively the needs of U.S.
industry, government agencies, and consumers by reducing the regulatory
burden. As part of this initiative, AMS determined that certain
regulations that were in the CFR which could be administered under the
authority of AMS should be removed from the CFR.
With this objective, on December 4, 1995, AMS published an interim
final rule with a request for comments that removed most of the
voluntary U.S. standards and related regulations from the CFR. That
action included all of the standards except those that at the time were
in rulemaking, incorporated by reference in marketing orders/agreements
appearing at 7 CFR Parts 900 through 999, or those used to implement
government price supports. Those grade standard regulations have
remained in the CFR, even though the text will also be available as AMS
standards along with all other grade standards.
On March 11, 1996, in response to requests by representatives of
the dairy and meat industries, USDA published a notice in the Federal
Register that it would reopen and extend the comment period until July
10, 1996. The industry association comments asked for more time to
evaluate how the changes AMS was initiating would impact their
respective industries.
Twenty one comments were received from interested persons in
connection with the interim final rule. Those commenting included
representatives of trade associations, a food processor, a state
department of agriculture and other interested persons. The majority of
comments were commodity specific and were addressed on an AMS program
basis with regard to the appropriate commodity topic.
One comment expressed its concern about the process AMS would
follow with regard to drafting new or revising existing standards and
wanted assurance that AMS would continue to solicit input from industry
when developing and revising U.S. grade standards.
Taking into account the various comments received in response to
the request for comment on the December 4, 1995 interim final rule, AMS
prepared a second interim final rule which was published in the Federal
Register on August 13, 1997. That rule addressed by Program and
commodity the specific concerns or comments from industry.
One comment was received in response to the August 13, 1997,
interim final rule. The American Meat Institute stated that their ``* *
* initial reservations to the December 1995 version of the rule
regarding the ability of industry to fully participate in the
development of future changes to grade standards appear to have been
resolved. * * * '' The August 13, 1997, interim final rule codified in
Part 36 of 7 CFR procedures that AMS will follow when developing,
revising, suspending, or terminating U.S. grade standards.
Further, during the period of time since the comment period ended,
AMS has had an opportunity to revise several grade standards using the
procedures that were established under Part 36. At this time AMS is
confident that the procedures effectively provide for public input.
This action will make final those regulations. As has been
longstanding practice, the standards for the various commodities will
be administered by the respective commodity programs within AMS. Also,
AMS has had time to evaluate the effectiveness of procedures that were
published in Part 36 and believes that they are serving their intended
purposes. Accordingly, it is appropriate that the provisions of the
December 4, 1995, interim final rule, and the August 13, 1997, interim
final rule be made final, without change.
List of Subjects
7 CFR Part 29
Administrative practice and procedure, Advisory committees,
Government publications, Imports, Pesticides and pests, Reporting and
recordkeeping requirements, Tobacco.
7 CFR Part 31
Wool.
[[Page 35502]]
7 CFR Part 32
Mohair.
7 CFR Part 36
Administrative practice and procedure, Agricultural commodities,
Food grades and standards, Reporting and recordkeeping requirements.
7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
7 CFR Part 52
Food grades and standards, Food labeling, Frozen foods, Fruit
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.
7 CFR Part 53
Cattle, Hogs, Livestock, Sheep.
7 CFR Part 54
Food grades and standards, Food labeling, Meat and meat products.
7 CFR Part 56
Eggs and egg products, Food grades and standards, Food labeling,
Reporting and recordkeeping requirements.
7 CFR Part 58
Dairy products, Food grades and standards, Food labeling, Reporting
and recordkeeping requirements.
7 CFR Part 70
Food grades and standards, Food labeling, Poultry and poultry
products, Rabbits and rabbit products, Reporting and recordkeeping
requirements.
7 CFR Part 160
Administrative practice and procedure, Advertising, Forests and
forest products, Labeling, Packaging and containers, Reporting and
recordkeeping requirements.
PART 29--TOBACCO INSPECTION
PART 31--WOOL STANDARDS
PART 32--MOHAIR STANDARDS
PART 36--PROCEDURES BY WHICH THE AGRICULTURAL MARKETING SERVICE
DEVELOPS, REVISES, SUSPENDS, OR TERMINATES VOLUNTARY OFFICIAL GRADE
STANDARDS
PART 51--FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS 1
2 (INSPECTION, CERTIFICATION, AND STANDARDS)
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS 3
PART 53--LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS)
PART 54--MEATS, PREPARED MEATS, AND MEAT PRODUCTS (GRADING,
CERTIFICATION, AND STANDARDS)
PART 56--GRADING OF SHELL EGGS AND U.S. STANDARDS, GRADES, AND
WEIGHT CLASSES FOR SHELL EGGS
PART 58--GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR
APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS
4
PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS
AND U.S. CLASSES, STANDARDS, AND GRADES
PART 160--REGULATIONS AND STANDARDS FOR NAVAL STORES
Accordingly the interim final rule amending 7 CFR Parts 29, 31, 32,
51, 52, 53, 54, 56, 58, 70, and 160, which was published at 60 FR 62172
on December 4, 1995, and the interim final rule amending 7 CFR Parts
29, 31, 32, 36, 52, 53, 54, and 58, which was published at 62 FR 43430
on August 13, 1997, are adopted as final rules, without change.
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\1\ Among such other products are the following: Raw nuts,
Christmas trees and evergreens; flowers and flower bulbs; and onion
sets.
\2\ None of the requirements in the regulations of this part
shall excuse failure to comply with any Federal, State, county, or
municipal laws applicable to products covered in the regulations in
this part.
\3\ Among such other processed food products are the following:
Honey; molasses, except for stockfeed; nuts and nut products, except
oil; sugar (cane, beet, and maple); sirups (blended), sirups, except
from grain; tea; cocoa; coffee; spices; condiments.
\4\ Compliance with these standards does not excuse failure to
comply with the provisions of the Federal Food, Drug and Cosmetic
Act.
Dated: June 24, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-17349 Filed 6-29-98; 8:45 am]
BILLING CODE 3410-02-P