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



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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 to and codified in the Code of Federal Regulations, which is published 
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  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.

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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interim rule also eliminated outdated terminology that referenced 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