[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Rules and Regulations]
[Pages 8589-8590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01546]



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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. 47 / Monday, March 11, 2019 / Rules 
and Regulations  

[[Page 8589]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 51 and 52

[Doc. No. AMS-SC-16-0106]


Fresh Fruits, Vegetables and Other Products Inspection, 
Certification and Standards and Processed Fruits and Vegetables, 
Processed Products Thereof, and Certain Other Processed Food Products; 
Removal of Power of Attorney and Other Administrative Changes

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule modifies regulations and standards issued pursuant 
to the Agricultural Marketing Act of 1946 by removing references to 
power of attorney. Further, this rule modifies language to ensure 
consistency between the regulations and standards for fresh and 
processed fruits and vegetables. Power of Attorney is an outdated, 
cumbersome tool that increases the cost and record retention 
requirements for stakeholders when conducting business. We are making 
these changes to eliminate these requirements. This will allow us to 
provide services to our customers faster and without the financial and 
record retention burden. The functions of the Power of Attorney are 
currently done by a Supervisor or ``inspector in charge''.

DATES:  Effective March 11, 2019.

FOR FURTHER INFORMATION CONTACT: Francisco Grazette, USDA, AMS, SCP, 
SCI Division, 1400 Independence Avenue SW, Room 1536, Stop 0247, 
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. This action removes 
the current language in Sec. Sec.  51.19 and 52.18 referencing power of 
attorney. Further, language in Sec.  51.19(a)(3) will be added to Sec.  
52.18 and language in part 52 referencing ``inspector in charge'' will 
be added to part 51 to make the sections consistent. Power of Attorney 
is an outdated, cumbersome tool that increases the cost and record 
retention requirements for stakeholders when conducting business. We 
are making these changes to eliminate these requirements. This will 
allow us to provide services to our customers faster and without the 
financial and record retention burden. The functions of the Power of 
Attorney are currently done by a Supervisor or ``inspector in charge''.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 13563, and 13175. This action falls 
within a category of regulatory actions that the Office of Management 
and Budget (OMB) exempted from Executive Order 12866 review. 
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).
    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.

Administrative Procedure Act and Regulatory Flexibility Act

    This final rule revises agency rules of practice and procedure. 
Under the Administrative Procedure Act, prior notice and opportunity 
for comment are not required for the revision of agency rules of 
practice and procedure. 5 U.S.C. 553(b)(3)(A). Only substantive rules 
require publication 30 days prior to their effective date. 5 U.S.C. 
553(d). Therefore, this final rule is effective upon publication in the 
Federal Register.
    In addition, because prior notice and opportunity for comment are 
not required, this final rule is exempt from the requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

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.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this final rule.

List of Subjects

7 CFR Part 51

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

7 CFR Part 52

    Food grades and standards, Food labeling, Frozen foods, Fruit 
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.

    For the reasons set forth in the preamble, 7 CFR parts 51 and 52 
are amended as follows:

0
1. The authority citation for parts 51 and 52 continues to read as 
follows:

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

[[Page 8590]]

PART 51--FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS (INSPECTION, 
CERTIFICATION, AND STANDARDS)

0
2. In Sec.  51.19:
0
a. Redesignate paragraphs (a) introductory text and (a)(1) through (4) 
as paragraphs (a)(1) introductory text and (a)(1)(i) through (iv), 
respectively;
0
b. Revise newly redesignated paragraph (a)(1)(ii);
0
c. Add the word ``or'' at the end of paragraph (a)(1)(iii); and
0
d. Designate the undesignated paragraph following newly redesignated 
paragraph (a)(1)(iv) as paragraph (a)(2) and revise newly designated 
paragraph (a)(2).
    The revisions read as follows:


Sec.  51.19   Issuance of certificates.

    (a)(1) * * *
    (ii) An inspector designated by the Administrator as the 
``inspector in charge,'' when the certificate represents composite 
inspection of several persons;
* * * * *
    (2) Provided, That in all cases the inspection certificate shall be 
prepared in accordance with the official memoranda of the inspector or 
inspectors who performed the inspection.
* * * * *

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS 
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS

0
3. In Sec.  52.18:
0
a. Redesignate paragraphs (a) introductory text and (a)(1) through (3) 
as paragraphs (a)(1) introductory text and (a)(1)(i) through (iii), 
respectively;
0
b. Revise newly redesignated paragraph (a)(1)(ii);
0
c. Designate the undesignated paragraph following newly redesignated 
paragraph (a)(1)(iii) as paragraph (a)(2) and revise newly designated 
paragraph (a)(2); and
0
d. Revise paragraph (b).
    The revisions read as follows:


Sec.  52.18   Issuance of certificates.

    (a)(1) * * *
    (ii) Another employee of the Inspection Service who has been 
authorized by the Administrator to act in a supervisory capacity.
* * * * *
    (2) In all cases the inspection certificate shall be prepared in 
accordance with the facts set forth in the official memoranda made by 
the inspector or inspectors in connection with the inspection. Whenever 
a certificate is signed by an inspector in charge, that title must 
appear in connection with the signature.
    (b) A certificate of loading shall be issued and signed by the 
inspector or licensed sampler authorized to check the loading of a 
specific lot of processed products: Provided, That, another employee of 
the inspection service authorized by the Administrator to act in a 
supervisory capacity or designated as the ``inspector in charge,'' may 
sign such certificate of loading covering any processed product 
checkloaded by an inspector or licensed sampler and authorized by the 
Administrator to affix the inspector's or licensed sampler's signature 
to a certificate of loading which has been prepared in accordance with 
the facts set forth in the notes made by the inspector or licensed 
sampler in connection with the checkloading of a specific lot of 
processed products.

    Dated: February 4, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-01546 Filed 3-8-19; 8:45 am]
 BILLING CODE 3410-02-P