[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
________________________________________________________________________
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.
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.
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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part of USDA's work to eliminate regulations that are outdated,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.
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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.
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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