[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Proposed Rules]
[Pages 32867-32868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14180]

Proposed Rules
                                                Federal Register

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.


Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / 
Proposed Rules

[[Page 32867]]


Agricultural Marketing Service

7 CFR Part 57

[Doc. No. AMS-LPS-14-0055]

Revisions to the Electronic Submission of the Import Request of 
Shell Eggs

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.


SUMMARY: This proposed rule invites comments on revising the 
regulations (7 CFR part 57) governing the inspection of eggs. This rule 
would streamline the importation process for table eggs, hatching eggs 
and inedible liquid egg by requiring that applications for inspection 
be submitted electronically.

DATES: Comments on this proposed rule must be received by August 10, 
2015 to be assured of consideration.

ADDRESSES: Interested persons are invited to submit comments concerning 
this proposed rule by using the electronic process available at http://www.regulations.gov. Written comments may also be sent to Michelle 
Degenhart, Assistant to the Director, Quality Assessment Division 
(QAD), Livestock, Poultry, and Seed Program, Agricultural Marketing 
Service, U.S. Department of Agriculture, Stop 0258, Room 3932S, 1400 
Independence Avenue SW., Washington, DC 20250 or by facsimile to (202) 
690-2746. All comments should reference the docket number (AMS-LPS-14-
0055), the date and page number of this issue of the Federal Register. 
All comments will become a matter of public record.

FOR FURTHER INFORMATION CONTACT: Michelle Degenhart, Assistant to the 
Director, QAD, Livestock, Poultry, and Seed Program, Agricultural 
Marketing Service, U.S. Department of Agriculture, Stop 0258, Room 
3932S, 1400 Independence Avenue SW., Washington, DC 20250 or by 
facsimile to (202) 690-2746 or via email 
[email protected].



    The Agricultural Marketing Service (AMS) administers the Shell Egg 
Surveillance Program, a mandatory inspection program for shell eggs 
under the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). 
This inspection program ensures that shell eggs sold to consumers 
contain no more restricted eggs than are permitted in the standards for 
consumer grades. Restricted eggs may contain dirty or cracked shells, 
eggs leaking internal contents, and eggs with meat or blood spots in 
the interior. Regulations governing the EPIA are contained in 7 CFR 
part 57.
    On February 19, 2014, the President signed Executive Order 13659 
(EO), streamlining the export/import process for America's businesses. 
EO 13659 outlines the use of the International Trade Data System (ITDS) 
to modernize and simplify the import and export of cargo. ITDS will 
allow traders to make a single electronic report and the relevant data 
will be distributed to the appropriate agencies. Costs will be reduced 
for business and government. An agency will obtain data more quickly 
through electronic filings. Automated processing will enhance an 
agency's ability to process cargo more expeditiously and to identify 
unsafe, dangerous, or prohibited shipments. This information will be 
assessed electronically by the relevant government agency resulting in 
border related decisions which will be electronically sent back to the 
trade. AMS will incorporate electronic filing of import requests for 
shell eggs to comply with EO 13659.

Automated Commercial Environment (ACE) Interface

    AMS has participated in the development of the ITDS, a government-
wide project to build an electronic ``single-window'' for collecting 
and sharing trade data for reporting imports and exports among Federal 
agencies. The goal of the ITDS is to eliminate the redundant reporting 
of data, replacing multiple filings, many of which are on paper, with a 
single electronic filing. The U.S. Customs and Border Protection (CBP) 
has developed the Automated Commercial Environment (ACE), a U.S. 
commercial trade processing system that automates border processing of 
products. The ACE system connects the trade community and participating 
government agencies by providing a single, centralized, online access 
point. When applicants file entries with the CBP through ACE, relevant 
data is electronically distributed to appropriate government agencies. 
AMS considers any electronic data entered in ACE as certified by the 
applicant. In addition, AMS considers any electronic records, digital 
images, data, or information from a foreign government for foreign 
inspection and foreign establishment certification to be equivalent to 
paper records and certified by the foreign government. When developing, 
procuring, maintaining, or using electronic information technology 
(EIT), Federal agencies are required by Section 508(a) (1) (a) of the 
Rehabilitation Act of 1973 (29 U.S.C. 794d) to ensure that EIT is 
accessible to people with disabilities, including employees and members 
of the public. The ACE interface meets these requirements.
    Therefore, for the reasons specified above, we are proposing to 
amend the shell egg import regulations to include that applicants may 
submit LPS Form 222-Import Request electronically.

Executive Order 12866, 13563 and the Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 603 we 
have performed an initial regulatory flexibility analysis regarding 
economic effects of this proposed rule on small entities. Copies of the 
analysis are available by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, the AMS Administrator has made a 
preliminary determination that, this proposed rule would not have a 
significant impact on a substantial number of small entities.

Executive Order 12988

    This proposal has been reviewed under executive order 12988, Civil

[[Page 32868]]

Justice Reform. If adopted, this rule: would have no retroactive 
effects: and would not require administrative proceedings before 
parties may file suit in court challenging this rule. Pursuant to 
section 23 of the EPIA (21 U.S.C. 1052), states or local jurisdictions 
are preempted from requiring the use of standards of quality, 
condition, weight, quantity, or grade which are in addition to or 
different from Federal standards for any eggs which have moved or are 
moving in interstate or foreign commerce.

Executive Order 13175

    This proposed rule has been reviewed in accordance with the 
requirements of Executive Order 13175. Consultation and coordination 
with Indian Tribal Governments. The review reveals that this regulation 
will not have substantial and direct effects on Tribal governments and 
will not have significant Tribal implications.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35.) the Office of Management and Budget (OMB) has approved the 
information collection and recordkeeping requirements included in this 
proposed rule, and there are no new requirements. Should any changes 
become necessary they would be submitted to OMB for approval. The 
assigned OMB control number is 0581-0113.
    AMS is committed to compliance with the Government Paperwork 
Elimination Act, which requires Government agencies in general to 
provide the public the option of submitting information or transacting 
business electronically to the maximum extent possible.

E-Government Act

    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.

List of Subjects in 7 CFR Part 57

    Eggs and egg products, Exports, Food grades and standards, Imports, 
Reporting and recordkeeping requirements.

    For the reasons set forth in this Proposed Rule, it is proposed 
that 7 CFR part 57 be amended as follows:


1. The authority citation for part 57 continues to read as follows:

    Authority:  21 U.S.C. 1031-1056.

2. Revise Sec.  57.920 to read as follows:

Sec.  57.920  Importer to make application for inspection of imported 

    Each person importing any eggs as defined in these regulations, 
unless exempted by Sec.  57.960 shall make application for inspection 
upon LPS Form 222--Import Request, to the Chief, Grading Branch, 
Poultry Programs, AMS, U.S. Department of Agriculture, Washington, DC 
20250, or to the Poultry Programs, Grading Branch office nearest the 
port where the product is to be offered for importation. The 
application may be filed through electronic submission via 
[email protected], or by accessing the U.S. Customs 
and Border Protection's International Trade Data System. Application 
shall be made as far in advance as possible prior to the arrival of the 
product. Each application shall state the approximate date of product 
arrival in the United States, the name of the ship or other carrier, 
the country from which the product was shipped, the destination, the 
quantity and class of product, and the point of first arrival in the 
United States.

    Dated: June 5, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-14180 Filed 6-9-15; 8:45 am]