[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
________________________________________________________________________
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. 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.
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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 Power of Attorney is an outdated,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