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, 8589-8590 [2019-01546]
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8589
Rules and Regulations
Federal Register
Vol. 84, No. 47
Monday, March 11, 2019
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.
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
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
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Power of Attorney is an outdated,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: francisco.grazette@
ams.usda.gov.
amozie on DSK9F9SC42PROD with RULES
SUMMARY:
Section
203(c) (7 U.S.C. 1622(c)) of the
Agricultural Marketing Act of 1946 (7
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:17 Mar 08, 2019
Jkt 247001
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
§§ 51.19 and 52.18 referencing power of
attorney. Further, language in
§ 51.19(a)(3) will be added to § 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.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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:
1. The authority citation for parts 51
and 52 continues to read as follows:
■
Authority: 7 U.S.C. 1621–1627.
E:\FR\FM\11MRR1.SGM
11MRR1
8590
Federal Register / Vol. 84, No. 47 / Monday, March 11, 2019 / Rules and Regulations
PART 51—FRESH FRUITS,
VEGETABLES AND OTHER
PRODUCTS (INSPECTION,
CERTIFICATION, AND STANDARDS)
2. In § 51.19:
a. Redesignate paragraphs (a)
introductory text and (a)(1) through (4)
as paragraphs (a)(1) introductory text
and (a)(1)(i) through (iv), respectively;
■ b. Revise newly redesignated
paragraph (a)(1)(ii);
■ c. Add the word ‘‘or’’ at the end of
paragraph (a)(1)(iii); and
■ 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:
■
■
§ 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
3. In § 52.18:
a. Redesignate paragraphs (a)
introductory text and (a)(1) through (3)
as paragraphs (a)(1) introductory text
and (a)(1)(i) through (iii), respectively;
■ b. Revise newly redesignated
paragraph (a)(1)(ii);
■ c. Designate the undesignated
paragraph following newly redesignated
paragraph (a)(1)(iii) as paragraph (a)(2)
and revise newly designated paragraph
(a)(2); and
■ d. Revise paragraph (b).
The revisions read as follows:
■
■
amozie on DSK9F9SC42PROD with RULES
§ 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
VerDate Sep<11>2014
17:17 Mar 08, 2019
Jkt 247001
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
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1000
[Docket no. AMS–DA–18–0096]
Federal Milk Marketing Orders—
Amending the Class I Skim Milk Price
Formula
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule amends the
Class I skim milk price formula for milk
pooled under Federal milk marketing
orders (FMMO) as required by the
Agriculture Improvement Act of 2018
(2018 Farm Bill). Under the amended
price formula, the Class I skim milk
price will be the simple average of the
monthly advanced pricing factors for
Class III and Class IV skim milk, plus
$0.74 per cwt, plus the applicable
adjusted Class I differential. Prior to this
amendment, the Class I skim milk price
was the higher of the two advanced
pricing factors, plus the applicable
adjusted Class I differential.
DATES: This rule becomes effective May
1, 2019.
FOR FURTHER INFORMATION CONTACT: Erin
Taylor, Acting Director, Order
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Formulation and Enforcement Division,
USDA/AMS/Dairy Program, STOP 0231,
Room 2963, 1400 Independence Ave.
SW, Washington, DC 20250–0231;
telephone: (202) 720–7311; or email:
erin.taylor@usda.gov.
SUPPLEMENTARY INFORMATION: On
December 20, 2018, the Agriculture
Improvement Act of 2018 (Pub. L. 115–
334)(2018 Farm Bill) amended the
Agricultural Marketing Agreement Act
of 1937,1 as amended (AMAA), by
revising the provision related to
determining the monthly Class I skim
milk price for Class I milk regulated
under each of the FMMO. Amendment
to the AMAA requires conforming
changes to the FMMO regulations that
specify the Class I skim milk price
formula. Previously, the regulations
specified that the Class I skim milk
price was the higher of the monthly
advanced pricing factors for Class III
and Class IV skim milk, plus the
applicable adjusted Class I differential.
This rule revises the regulations to
specify that the Class I skim milk price
will be the simple average of the two
advanced pricing factors, plus $0.74,
plus the applicable adjusted Class I
differential. In accordance with the 2018
Farm Bill, the amendment is effective
indefinitely, until further modified, and
may not be modified earlier than two
years after the effective date of this rule.
The formula may be modified after the
two-year period through the standard
FMMO amendment process.
Final Action
In accordance with the 2018 Farm
Bill, this final rule amends the Class I
skim milk price formula for milk pooled
under Federal milk marketing orders.
Under the amended price formula, the
Class I skim milk price will be the
simple average of the monthly advanced
pricing factors for Class III and Class IV
skim milk, plus $0.74 per cwt, plus the
applicable adjusted Class I differential.
Section 1403(b)(2)(B) of the 2018
Farm Bill provides that the
implementation of the regulations to
amend the Class I skim milk price
formula shall not be subject to the
notice and comment requirements of the
Administrative Procedure Act (5 U.S.C.
553), the notice and hearing
requirements of section 8c(3) of the
Agricultural Adjustment Act (7 U.S.C.
608c(3)), the order amendment
requirements of section 8c(17) of that
Act (7 U.S.C. 608c(17)), nor a
referendum under section 8c(19) of the
same Act (7 U.S.C. 608c(19)).
Additionally, this final rule must
become effective on May 1, 2019, as
17
U.S.C 601–674, 7253
E:\FR\FM\11MRR1.SGM
11MRR1
]]>Agencies
[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]
========================================================================
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.
========================================================================
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: francisco.grazette@ams.usda.gov.
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
