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.

Rules and Regulations Federal Register

27289 

Vol. 83, No. 113 

Tuesday, June 12, 2018 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 51 and 52 

[Doc. No. AMS–SC–16–0063 FIR] 

Inspection Application Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting as a 

final rule, without change, an interim 

rule that amended the inspection, 

certification and standards requirements 

for fresh fruits, vegetables and other 

products and processed fruits and 

vegetables, processed products and 

certain other processed food products 

by adding an option to allow for 

electronic submissions of inspection 

applications. The interim rule also 

eliminated outdated terminology that 

referenced submission of inspection 

applications by telegraph. 

DATES: Effective June 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Francisco Grazette, USDA, AMS, SCP, 

SCI Division, 1400 Independence 

Avenue SW, Room 1536, Stop 0240, 

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 to 

ensure uniformity and consistency. 

USDA is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 13175. 

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. 

This rule continues in effect an 

interim rule that amended the 

inspection, certification and standards 

requirements for fresh fruits, vegetables 

and other products and processed fruits 

and vegetables, processed products and 

certain other processed food products (7 

CFR parts 51 and 52) by adding an 

option to allow for electronic 

submissions of inspection applications. 

This rule also continues in effect a 

change that eliminated outdated 

terminology referencing the telegraph. 

These changes were administrative in 

nature and did not impose any new 

requirements on applicants. 

Pursuant to Section 8e of the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674) 

(Act of 1937), whenever certain 

commodities are regulated under 

Federal marketing orders, imports of 

those commodities into the United 

States are prohibited unless they meet 

the same or comparable grade, size, 

quality or maturity requirements as 

those in effect for domestically 

produced commodities. The Act of 1937 

also authorizes USDA to perform 

inspections and other related functions 

(such as commodity sampling) on those 

commodities and to certify whether 

these requirements have been met. 

AMS’s Specialty Crops Inspection 

(SCI) Division performs the inspections 

and other related functions on Section 

8e imports in accordance with its 

authority under the Act of 1946. 

SCI Division amended 7 CFR parts 51 

and 52 to add the ability to submit 

initial inspection requests electronically 

and eliminate terminology referencing 

the telegraph. Individuals desiring to 

apply for an inspection for applicable 

fruit, vegetable, and specialty crop 

imports must complete and file AMS’s 

form SC–357, Initial Inspection Request 

for Regulated Imported Commodities, in 

writing or electronically, to notify AMS 

of its need for an inspection. 

Amending parts 51 and 52 of title 7 

to provide for the electronic filing of the 

application for inspection supports the 

International Trade Data System (ITDS), 

a system that streamlines the export and 

import process for America’s 

businesses. Implementation of ITDS 

allows businesses to electronically 

submit import and export cargo data 

required by U.S. Customs and Border 

Protection (CBP) and its Partner 

Government Agencies (PGAs) through a 

‘‘single window’’ concept using CBP’s 

Automated Commercial Environment 

(ACE) system. 

The update to the inspection, 

certification and standards to allow for 

electronic submission of inspection 

applications meets CBP’s requirement 

for ITDS. 

In an interim rule published in the 

Federal Register on December 21, 2016, 

and effective on December 22, 2016 (81 

FR 93571, Doc. No. AMS–SC–16–0063 

IR), §§ 51.6 and 52.7 were amended by 

adding the option for electronic 

submission of inspection applications 

and removing reference to submission 

by telegraph. 

Final Regulatory Flexibility Analysis 

Pursuant to the requirements of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601–612, AMS has considered 

the economic impact of this action on 

small entities. Accordingly, AMS has 

prepared this final regulatory flexibility 

analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Small agricultural producers are 

defined by the Small Business 

Administration (SBA) as those having 

annual receipts of no more than 

$750,000 and small agricultural service 

firms are defined as those having annual 

receipts of no more than $7.5 million 

(13 CFR 121.201). Under these 

definitions, AMS estimates the number 

of companies affected is approximately 

60,000 with 24,000, or 40%, of the 

companies considered small businesses. 

AMS does not foresee any effect on 


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27290 Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Rules and Regulations 

members of the industry as a result of 

this final rule. 

AMS made these administrative 

changes to allow for the use of current 

technology by allowing the application 

for inspection to be submitted 

electronically and eliminating 

references to filing applications for 

service by telegraph. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the information collection 

requirements for the SC–357, Initial 

Inspection Request for Regulated 

Imported Commodities, was previously 

approved by the Office of Management 

and Budget (OMB) and assigned OMB 

No. 0581–0125, effective August 1, 2016 

(Regulations Governing Inspection 

Certification, of Fresh & Processed 

Fruits, Vegetables & Other Products 7 

CFR part 51 & 52). No changes are 

necessary in those requirements as a 

result of this action. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

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. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

rule. 

Comments on the interim rule were 

required to be received on or before 

March 23, 2017. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: 

https://www.regulations.gov/ 

document?D=AMS_FRDOC_0001-1559. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, 13175, 

and 13563; the Paperwork Reduction 

Act (44 U.S.C. chapter 35); and the 

E-Gov Act (44 U.S.C. 101). 

List of Subjects 

7 CFR Part 51 

Food grades and standards, Fruits, 

Nuts, Reporting and recordkeeping, 

Vegetables. 

7 CFR Part 52 

Food grades and standards, Food 

labeling, Frozen foods, Fruits, Reporting 

and recordkeeping requirements, 

Vegetables. 

■ Accordingly, the interim rule that 

amended 7 CFR parts 51 and 52, 

published at 81 FR 93571 on December 

21, 2016, is adopted as a final rule 

without change. 

Dated: June 6, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–12538 Filed 6–11–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 287 

[Docket ID: DOD–2017–OS–0019] 

RIN 0790–AJ60 

Defense Information Systems Agency 

Freedom of Information Act Program 

AGENCY: Defense Information Systems 

Agency, DoD. 

ACTION: Final rule. 

SUMMARY: This final rule removes DoD’s 

regulation concerning the Defense 

Information Systems Agency (DISA) 

Freedom of Information Act program. 

On February 6, 2018, the DoD published 

a FOIA program final rule as a result of 

the FOIA Improvement Act of 2016. 

When the DoD FOIA program rule was 

revised, it included DoD component 

information and removed the 

requirement for component 

supplementary rules. The DoD now has 

one DoD-level rule for the FOIA 

program that contains all the codified 

information required for the 

Department. Therefore, this part can be 

removed from the CFR. 

DATES: This rule is effective on June 12, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Robin Berger at 301–225–6104. 

SUPPLEMENTARY INFORMATION: It has been 

determined that publication of this CFR 

part removal for public comment is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on removing DoD internal 

policies and procedures that are 

publically available on the Department’s 

website. 

DISA internal guidance concerning 

the implementation of the FOIA within 

DISA will continue to be published in 

DISA Instruction 630–225–8 (available 

at http://disa.mil/∼/media/Files/DISA/ 

About/Publication/Instruction/ 

di6302258.pdf). 

This rule is one of 14 separate DoD 

FOIA rules. With the finalization of the 

DoD-level FOIA rule at 32 CFR part 286, 

the Department is eliminating the need 

for this separate FOIA rule and reducing 

costs to the public as explained in the 

preamble of the DoD-level FOIA rule 

published at 83 FR 5196–5197. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ 

therefore, E.O. 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ does not apply. 

List of Subjects in 32 CFR Part 287 

Freedom of information. 

PART 287—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 287 is removed. 

Dated: June 7, 2018. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2018–12569 Filed 6–11–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0534] 

Safety Zones; Annual Fireworks 

Displays Within the Sector Columbia 

River Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

regulations for two safety zones at 

various locations in the Sector Columbia 

River Captain of the Port zone. This 

action is necessary to provide for the 

safety of life on these navigable waters 

during fireworks displays. During the 

times these safety zone regulations are 

subject to enforcement, persons and 

vessels are prohibited from being in the 

safety zone unless authorized by the 

Captain of the Port Sector Columbia 

River or a designated representative. 

DATES: The regulations in 33 CFR 

165.1315 will be enforced for the safety 

zones identified in the SUPPLEMENTARY

INFORMATION section below for the dates 

and times in July 2018 specified in this 

document. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LCDR Laura 

Springer, Waterways Management 

Division, Marine Safety Unit Portland, 

Coast Guard; telephone 503–240–9319, 

email msupdxwwm@uscg.mil. 

SUPPLEMENTARY INFORMATION: These 

following two safety zones found in 33 


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