[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Rules and Regulations]
[Pages 959-961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00551]



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 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
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 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.
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 The Code of Federal Regulations is sold by the Superintendent of Documents. 
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  Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules 
and Regulations  

[[Page 959]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Document Number AMS-SC-18-0081, SC-19-326]


Removal of U.S. Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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

SUMMARY: This rule will remove seven voluntary U.S. grade standards and 
one consumer standard for fresh fruits and vegetables from the Code of 
Federal Regulations (CFR). This regulatory action is being taken as 
part of USDA's work to eliminate regulations that are outdated, 
unnecessary, ineffective, or impose costs that exceed benefits. None of 
the eight voluntary standards slated for removal from the CFR are 
related to a current, active marketing order, import regulation, or 
export act. The cost of printing these eight standards in the CFR 
annually exceeds the benefits of further inclusion in the CFR. These 
voluntary standards and all subsequent revisions or new standards for 
these products will be available in a separate publication. The 
standards for the affected commodities will continue to be administered 
by the AMS Specialty Crops Inspection (SCI) Division and catalogued 
using the existing numbering system for voluntary standards. Any 
proposed, new, or revised voluntary standards will appear in the 
Federal Register with the opportunity for public comment.

DATES: Effective February 1, 2019. Comments must be received April 2, 
2019.

ADDRESSES: Interested persons are invited to submit written comments to 
the USDA, Specialty Crops Inspection Division, 100 Riverside Parkway, 
Suite 101, Fredericksburg, VA 22406; fax: (540) 361-1199; or at 
www.regulations.gov. Comments should reference the date and page number 
of this issue of the Federal Register. All comments will be made 
available for public inspection in the above office during regular 
business hours, and can be viewed as submitted, including any personal 
information you provide, on the www.regulations.gov website.

FOR FURTHER INFORMATION CONTACT: Lindsay H. Mitchell at the address 
above, or by phone (540) 361-1120; fax (540) 361-1199; or, email 
[email protected].

SUPPLEMENTARY INFORMATION: On February 24, 2017, President Trump signed 
Executive Order (E.O.) 13777, Enforcing the Regulatory Reform Agenda, 
which established a Federal policy to alleviate unnecessary regulatory 
burdens on the American people. Section 3(d) of the E.O. directs each 
Federal agency to establish a Regulatory Reform Task Force to identify 
regulations that: (i) Eliminate jobs or inhibit job creation; (ii) are 
outdated, unnecessary, or ineffective; (iii) impose costs that exceed 
benefits; (iv) create serious inconsistencies or otherwise interfere 
with regulatory reform initiatives or policies; (v) are inconsistent 
with the requirements of section 515 of the Treasury and General 
Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the 
guidance issued pursuant to that provision; or (vi) derive from or 
implement Executive Orders or other Presidential directives that have 
been subsequently rescinded or substantially modified.
    This regulatory action is being taken as part of the Regulatory 
Reform Agenda to eliminate regulations that are outdated, unnecessary, 
ineffective, or impose costs that exceed benefits.

Executive Orders 12866, 13771, and 13563

    This rule does not meet the definition of a significant regulatory 
action contained in section 3(f) of Executive Order 12866, and is not 
subject to review by the Office of Management and Budget (OMB). 
Additionally, because this rule does not meet the definition of a 
significant regulatory action it does not trigger the requirements 
contained in Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs' '' (February 2, 2017). Executive Orders 12866 and 
13563 direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, reducing costs, harmonizing 
rules, and promoting flexibility.

Executive Order 13175

    This 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 would not have 
substantial and direct effects on Tribal governments nor significant 
Tribal implications.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. There 
are no administrative procedures that must be exhausted prior to any 
judicial challenge to the provisions of this rule.

Regulatory Flexibility Analysis

    This action was reviewed under the Regulatory Flexibility Act (RFA) 
(5 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. Although this action will remove 
provisions from the CFR, small entities should see no change as the 
standards will continue to be administered to ensure their continued 
convenient availability and public input to their formulation.

Background

    The Secretary of Agriculture is authorized to provide Federal 
grading and certification services, and to develop and establish 
efficient marketing methods and practices of agricultural commodities 
with the goal of facilitating the efficient marketing of agricultural 
commodities and allowing consumers to obtain the quality of products 
they desire at a reasonable

[[Page 960]]

cost. 7 U.S.C. 1621-1627. For more than 100 years, AMS has facilitated 
the marketing of agricultural commodities by developing official U.S. 
grade standards that provide a uniform language that may be used to 
describe the characteristics of more than 450 commodities. These 
standards are widely used in private contracts, government procurement, 
marketing communication, and, for some commodities, consumer 
information.
    Although use of most of the U.S. standards is voluntary, through 
the years, they have 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 outpaced the process of revising and 
issuing regulations. As a result, in some instances, industry and the 
marketplace have been burdened with outdated trading language. The 
President's Regulatory Reform Agenda has provided the impetus to 
develop new approaches to meet more effectively the needs of U.S. 
industry, government agencies, and consumers while reducing the 
regulatory burden. To meet this initiative, regulations that are 
currently in the CFR that could be administered under the authority of 
AMS are being removed from the CFR. This includes all official grade 
standards except those that currently are in the rulemaking process, 
incorporated by reference in marketing orders/agreements appearing in 7 
CFR parts 900 through 999, or used to implement government price 
supports. Those grade standards will continue to appear in the CFR 
although the text will also be available from AMS as are all other 
grade standards.
    This rule eliminates selected standards that comprise approximately 
30 pages of the CFR covering U.S. and consumer standards for fresh 
fruits and vegetables.
    The following is an outline of standards being removed from the 
CFR, and those that will remain in the CFR and the reason they are not 
being removed.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
7 Part 51....................  Fresh Fruits, Vegetables and Other
                                Products (Inspection, Certification, and
                                Standards)
                                    Standards Being Removed From CFR
         CFR Section                             Title
51.475-494...................  Subpart--United States Standards for
                                Grades of Cantaloups.
51.560-588...................  Subpart--United States Standards for
                                Celery.
51.595-613...................  Subpart--United States Consumer Standards
                                for Celery Stalks.
51.1000-1016.................  Subpart--United States Standards for
                                Persian (Tahiti) Limes.
51.1210-1223.................  Subpart--United States Standards for
                                Grades of Peaches.
51.2925-2934.................  Subpart--United States Standards for
                                Grades of Apricots.
51.3145-3160.................  Subpart--United States Standards for
                                Grades of Nectarines.
51.3740-3749.................  Subpart--United States Standards for
                                Grades of Honey Dew and Honey Ball Type
                                Melons.
                               Regulations Being Retained in CFR Because
                                  They Provide Operational Regulations
         CFR Section                             Title
51.1-62......................  Subpart--Regulations.
                                Standards Being Retained in CFR Because
                                    They are Currently Referenced in
                                   Marketing Orders/Agreements, Import
                                       Regulations, or Export Acts
         CFR Section                             Title
51.300-322...................  Subpart--United States Standards for
                                Grades of Apples.
51.340-349...................  Subpart--United States Standards for
                                Grades of Apples for Processing.
51.620-653...................  Subpart--United States Standards for
                                Grades of Grapefruit (Texas and States
                                Other Than Florida, California, and
                                Arizona).
51.680-714...................  Subpart--United States Standards for
                                Grades of Oranges (Texas and States
                                Other Than Florida, California, and
                                Arizona).
51.750-784...................  Subpart--United States Standards for
                                Grades of Florida Grapefruit.
51.880-914...................  Subpart--U.S. Standards for Grades of
                                Table Grapes (European or Vinifera
                                Type).
51.1140-1179.................  Subpart--United States Standards for
                                Grades of Florida Oranges and Tangelos.
51.1260-1280.................  Subpart--United States Standards for
                                Summer and Fall Pears.
51.1300-1323.................  Subpart--United States Standards for
                                Winter Pears.
51.1345-1359.................  Subpart--United States Standards for
                                Pears for Canning.
51.1400-1416.................  Subpart--United States Standards for
                                Grades of Pecans in the Shell.
51.1430-1451.................  Subpart--United States Standards for
                                Grades of Shelled Pecans.
51.1520-1538.................  Subpart--United States Standards for
                                Grades of Fresh Plums and Prunes.
51.1540-1566.................  Subpart--United States Standards for
                                Grades of Potatoes.
51.1575-1587.................  Subpart--United States Consumer Standards
                                for Potatoes.
51.1810-1837.................  Subpart--United States Standards for
                                Grades of Florida Tangerines.
51.1855-1877.................  Subpart--United States Standards for
                                Grades of Fresh Tomatoes.
51.1900-1913.................  Subpart--United States Consumer Standards
                                for Fresh Tomatoes.
51.1995-2009.................  Subpart--United States Standards for
                                Grades of Filberts in the Shell.
51.2075-2091.................  Subpart--United States Standards for
                                Grades of Almonds in the Shell.
51.2105-2131.................  Subpart--United States Standards for
                                Grades of Shelled Almonds.
51.2275-2296.................  Subpart--United States Standards for
                                Shelled English Walnuts (Juglans Regia).
51.2335-2341.................  Subpart--United States Standards for
                                Grades of Kiwifruit.
51.2540-2549.................  Subpart--United States Standards for
                                Grades of Pistachio Nuts in the Shell.
51.2555-2562.................  Subpart--United States Standards for
                                Grades of Shelled Pistachio Nuts.
51.2646-2660.................  Subpart--United States Standards for
                                Grades for Sweet Cherries.
51.2830-2854.................  Subpart--United States Standards for
                                Grades of Onions (Other Than Bermuda-
                                Granex-Grano and Creole Types).
51.2945-2966.................  Subpart--United States Standards for
                                Grades of Walnuts in the Shell.
51.3050-3069.................  Subpart--United States Standards for
                                Florida Avocados.
51.3195-3212.................  Subpart--United States Standards for
                                Grades of Bermuda-Granex-Grano Type
                                Onions.
51.3410-3418.................  Subpart--United States Standards for
                                Grades of Potatoes for Processing.
                                Standards Being Retained in CFR Because
                                    They are Currently Referenced in
                                    Government Price Support Programs
         CFR Section                             Title
51.1235-1242.................  Subpart--United States Standards for
                                Grades of Cleaned Virginia Type Peanuts
                                in the Shell.

[[Page 961]]

 
51.2710-2721.................  Subpart--United States Standards for
                                Grades of Shelled Runner Type Peanuts.
51.2730-2741.................  Subpart--United States Standards for
                                Grades of Shelled Spanish Type Peanuts.
51.2750-2763.................  Subpart--United States Standards for
                                Grades of Shelled Virginia Type Peanuts.
------------------------------------------------------------------------

    To ensure that standards will continue to be developed, issued, and 
revised in accordance with procedures that ensure a fair and open 
process, all new and proposed revisions to existing AMS standards will 
be published in the Federal Register as a ``Notice'' with a public 
comment period. A final version of each standard also will be published 
in the Federal Register as a notice and will continue to be made 
available by AMS.
    In developing new or revising existing grade standards, the 
Administrator will consider three factors: (1) A new or revised 
standard must be needed to facilitate trade in a particular commodity; 
(2) there must be demonstrated interest and support from the affected 
industry or other interested parties for a voluntary standard; and, (3) 
the standard must be practical to use.
    Initial requests for development or revision of a standard may come 
from the industry, trade or consumer groups, State departments of 
agriculture, the U.S. Department of Agriculture, or others. Once a 
request has been received, AMS coordinates procedures to gather 
information needed to move forward with the new or revised standard. 
After this process is completed, AMS publishes a notice of proposed 
standards in the Federal Register to solicit comments from interested 
parties (normally the comment period is 60 days). After evaluating the 
comments received from interested parties, AMS determines whether to 
proceed, develop a new proposal, or terminate the process.
    The public is informed of the outcome of the process through a 
notice to trade and a notice in the Federal Register. In addition, the 
AMS program that handles the commodity will distribute copies of each 
standard, upon request, as a pamphlet or other means.
    Pursuant to 5 U.S.C. 553, AMS has determined that it is 
impracticable, unnecessary, and contrary to the public interest to give 
preliminary notice prior to putting this rule into effect and that good 
cause exists for making it effective immediately because: (1) The 
standards are voluntary; (2) no changes are being made to the standards 
by this rule; (3) this action is in accordance with the President's 
Regulatory Reform Agenda.

List of Subjects in 7 CFR Part 51

    Food grades and standards, Fruits, Nuts, Reporting and 
recordkeeping requirements, Vegetables.

    For reasons set forth in the preamble, 7 CFR part 51 is amended as 
follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  7 U.S.C. 1621-1627.

Subpart [Removed]

0
2. The subpart entitled ``United States Standards for Grades of 
Cantaloups,'' consisting of Sec. Sec.  51.475 through 51.494c, is 
removed.

Subpart [Removed]

0
3. The subpart entitled ``United States Standards for Celery'' 
consisting of Sec. Sec.  51.560 through 51.588, is removed.

Subpart [Removed]

0
4. The subpart entitled ``United States Consumer Standards for Celery 
Stalks,'' consisting of Sec. Sec.  51.595 through 51.613, is removed.

Subpart [Removed]

0
5. The subpart entitled ``United States Standards for Persian (Tahiti) 
Limes,'' consisting of Sec. Sec.  51.1000 through 51.1016, is removed.

Subpart [Removed]

0
6. The subpart entitled ``United States Standards for Grades of 
Peaches,'' consisting of Sec. Sec.  51.1210 through 51.1223, is 
removed.

Subpart [Removed]

0
7. The subpart entitled ``United States Standards for Grades of 
Apricots,'' consisting of Sec. Sec.  51.2925 through 51.2934, is 
removed.

Subpart [Removed]

0
8. The subpart entitled ``United States Standards for Grades of 
Nectarines,'' consisting of Sec. Sec.  51.3145 through 51.3160, is 
removed.

Subpart [Removed]

0
9. The subpart entitled ``United States Standards for Grades of Honey 
Dew and Honey Ball Type Melons,'' consisting of Sec. Sec.  51.3740 
through 51.3749, is removed.

    Dated: January 26, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-00551 Filed 1-31-19; 8:45 am]
 BILLING CODE 3410-02-P