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

106231 

Vol. 89, No. 249 

Monday, December 30, 2024 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Doc. No. AMS–SC–23–0009] 

RIN 0581–AE32 

Section 8e Import Inspection Fee 

Structure 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) of the Department of 

Agriculture (USDA) is revising the 

regulations governing the inspection 

and certification for fresh fruits, 

vegetables, and other products by 

amending certain fees charged for 

Section 8e import inspections from a 

per-carlot basis to a per-pound basis, 

reducing the fee for each additional 

sublot by 50 percent, and establishing a 

new fee calculation for lots less than a 

carlot. These revisions recover, as nearly 

as practicable, the costs of performing 

inspection services on imported 

commodities in accordance with the 

Agricultural Marketing Agreement Act 

of 1937. 

DATES: Effective January 29, 2025. 

FOR FURTHER INFORMATION CONTACT: The 

Standardization Branch, Specialty Crops 

Inspection Division, Specialty Crops 

Program, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

National Training and Development 

Center; 100 Riverside Parkway, Suite 

101, Fredericksburg, Virginia 22406; fax: 

(540) 361–1199, or via the internet at: 

https://www.regulations.gov. 

SUPPLEMENTARY INFORMATION: This 

document amends regulations at 7 CFR 

part 51 issued under the Agricultural 

Marketing Act of 1946 (7 U.S.C. 1621– 

1627), as amended. 

Executive Orders 12866, 13563, and 

14094 

The USDA is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 14094. 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 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This final rule falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) has exempted from 

review under Executive Order 12866. 

Executive Order 13175 

This rule has been reviewed under 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments,’’ which requires agencies 

to consider whether their rulemaking 

actions would have Tribal implications. 

AMS has determined that this rule is 

unlikely to have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, ‘‘Civil Justice 

Reform.’’ This action 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. 

Background 

On June 20, 2024, a proposed 

rulemaking was published in the 

Federal Register (89 FR 51850) 

providing a 60-day comment period for 

interested parties to comment on 

proposed changes to Section 8e import 

inspection charges and revisions to the 

fee structure of the Specialty Crop 

Inspection Division (Division). One 

comment in support of the proposal was 

received. Prior to developing proposed 

revisions to the Section 8e fee structure, 

AMS engaged in discussions with State 

partners including Association of Fruit 

and Vegetable Inspection and 

Standardization Agencies (AFVISA) 

members and the Texas Cooperative 

Inspection Program (TCIP), as well as 

industry stakeholders. The outcome of 

those discussions was a positive 

perception of the fee changes as 

proposed. AMS is adopting the 

proposed rulemaking with no changes. 

Through this final rule, AMS will 

charge for certain Section 8e import 

inspections on a per-pound basis and 

implement additional revisions to the 

fee structure of the Division. 

Currently, fees for all terminal market 

inspections, including Section 8e 

import inspections, are charged on a 

carlot basis (7 CFR 51.37). The current 

single carlot fee structure charges per 

conveyance and does not account for 

sampling and inspection time required 

for today’s larger conveyances 

transporting larger volumes. Under this 

final rule, the fees for Section 8e import 

inspections for lots qualifying as a full 

carlot (or a whole lot) or for lots less 

than a full carlot will no longer be 

calculated on a per-carlot basis. Instead, 

those fees will be calculated on a perpound rate basis. The per-pound fee 

structure will better ensure full recovery 

of inspection cost by AMS while 

mitigating the financial impact on 

applicants of additional sublot fees. 

The per-pound rate will be calculated 

by dividing the current inspection fee 

for a full carlot by the average weight by 

pound of a full carlot (40,000 pounds) 

(for example: the current inspection fee 

for a full carlot ($254) divided by 40,000 

will result in a per-pound rate of 

$0.00635). The Division will use 40,000 

lbs. as the appropriate measurement for 

calculating the per-pound rate. AMS 

notes that 40,000 pounds is generally 

recognized as the standard weight of the 

measurement used in USDA–AMS 

inspection practices when identifying a 

full carlot. 

Additionally, AMS will have two 

separate sublot (or additional lot of the 

same product) fees: one for Section 8e 

sublots and one for non-Section 8e 

sublots. For example, under this rule, 

the fee for a Section 8e sublot is reduced 


ddrumheller on DSK120RN23PROD with RULES1
106232 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

by 50 percent, from the current $116 per 

sublot fee (the FY 2025 rate) to $58 per 

sublot. All non-8e inspection fees 

remain unchanged by this rule. The perpound rate for a full carlot or for lots 

less than a full carlot, and the 8e sublot 

fee, are subject to the annual updated 

Specialty Crops Program’s inspections 

fee schedule. 

Under this rule, for all Section 8e 

import inspections, AMS will apply the 

current lot separation and sampling 

rates at 7 CFR 51.2(d)(1) through (3). To 

calculate inspection fees for a full carlot, 

AMS will multiply the current perpound rate, using the calculation as 

noted above, by the total weight of the 

full carlot, plus any applicable sublot 

fees. To calculate the inspection fee for 

lots less than a carlot, AMS will 

multiply the current per-pound rate, 

using the per-pound rate calculation as 

noted above, by the total weight of the 

lot, with a minimum charge equivalent 

to 2-hours computed at the current 

established hourly rate, whichever is 

greater, plus any sublot fee(s) as 

applicable. As shown in Table 1, 

applicants importing typical 40,000- 

pound loads comprising one lot will see 

no change in inspection fees under this 

new rule. Table 2 shows that larger size 

loads, which typically require increased 

sampling and inspection, will see a 

proportional increase in fees under this 

new rule. However, loads currently 

subject to additional sublot fees will see 

a significant decrease in fees per sublot 

under this new rule. The fee calculation 

changes under this final rule more 

accurately assess fees on inspected 

volume, better aligning the Division’s 

ability to ensure cost recovery while 

significantly reducing additional sublot 

fees charged to applicants. The 

following comparison of the Section 8e 

fee structure is based on FY 2025 fees. 

Any increase or decrease to Section 8e 

fees will be included in the annual fee 

structure package in subsequent years. 

Columns 1 and 2 of Table 1 compare 

the currently scheduled FY 2025 fee 

structure to the new fee structure for a 

standard 40,000-pound lot. As shown in 

row 1, column 1, the currently 

scheduled FY 2025 fee structure for one 

lot is $254. Row 1, column 2 shows that 

under the new fee structure, the fee for 

one lot will remain at $254 but will be 

expressed at the per pound rate of 

$0.00635 (multiplied by 40,000 

pounds). 

Column 1 (rows 2 through 5) shows 

that without the new fee structure, the 

inspection fee for each additional 

40,000-pound increases by $116. 

Column 2 shows that with the new fee, 

the incremental cost per additional lot 

will be cut in half to $58. Column 3 

shows the cost savings for additional 

lots. 

TABLE 1—SCI SEC. 8e INSPECTION FEES FOR STANDARD 40,000 POUND LOT: COMPARISON OF FY 2025 FEE TO NEW

FEE STRUCTURE

[Showing reduced cost for additional lots] 

Number of lots FY 2025 fee New fee 1 Reduced cost to importer applicant 

(1) (2) (3) 

1 ............................................................. $254 ...................................................... $254 ...................................................... $0. 

2 ............................................................. $370 ...................................................... $297 ...................................................... $58. 

3 ............................................................. $486 ...................................................... $355 ...................................................... $116. 

4 ............................................................. $602 ...................................................... $413 ...................................................... $174. 

5 ............................................................. $718 ...................................................... $471 ...................................................... $232. 

Each additional sublot ............................ Plus $116 .............................................. Plus $58 ................................................ $58 savings per additional sublot. 

1The fee for one standard lot under this rule is $254, unchanged from the FY 2025 fee, but will be expressed as the per-pound equivalent of $0.00605. ($254 inspection cost per 40,000-pound lot divided by 40,000 pounds equals $0.00635 per pound). Each additional lot will cost an additional $58, a 50% reduction from the 

FY 2025 incremental cost of $116. 

Table 2 shows the new fee structure 

for alternative lot sizes under this final 

rule. Row 2 shows again that the 40,000- 

pound lot fee will remain $254. Row 3 

shows that for a 50,000-pound lot, the 

$317.50 inspection fee will be 

determined by multiplying the proposed 

per-pound rate ($0.00635) by 50,000 

pounds. Row 1 shows that for any lot 

weighing less than 40,000 pounds, the 

applicable fee will be a 2-hour 

minimum charge at the currently 

established FY 2025 hourly inspection 

rate of $123 ($123 multiplied by 2 

equals $246). Any increase or decrease 

to the hourly inspection rates will be 

included in the annual fee structure 

package in subsequent years. 

TABLE 2—SCI 8e INSPECTION FEES FOR ALTERNATIVE LOT SIZES

[Proposed inspection rate per pound] 

Alternative lot sizes Pounds per lot Inspection fee per lot 1 2

1 Less than full (standard) lot ...................................... (1) .............................................................................. $246.00 minimum. 

2 Standard Lot .............................................................. 40,000 ....................................................................... $254.00. 

3 Lot 25% larger than standard ................................... 50,000 ....................................................................... $317.50. 

1For lots less than a standard lot, the fees are computed by multiplying pounds per lot by rate per pound ($0.00635) with a minimum charge equivalent to 2-hours 

applied at the current established FY 2025 hourly inspection rate of $123. 2 Inspection fee per lot for standard lot or larger [(2) and (3)] are computed by multiplying pounds per lot by rate per pound ($0.00635). 

Final Regulatory Flexibility Analysis 

Pursuant to the requirement set forth 

in the Regulatory Flexibility Act (RFA), 

AMS has considered the economic 

impact of this action on small entities. 

Accordingly, AMS provides 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. 

The action described herein is being 

taken for several reasons, including that 

additional user fee revenues are needed 

to cover the costs of (1) providing 

current program operations and 

services; (2) improving the timeliness in 

which inspection services are provided; 

and (3) improving the work 

environment. AMS regularly reviews its 

user-fee financed programs to determine 

if the fees are adequate. 

This rule revises the regulations 

governing the inspection and 

certification for fresh fruits, vegetables, 

and other products by increasing certain 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106233 

fees charged for Section 8e import 

inspections on a per-pound basis. These 

revisions recover, as nearly as 

practicable, the costs of performing 

inspection services on imported 

commodities in accordance with the 

Agricultural Marketing Agreement Act 

of 1937. 

Since the inspection fees to be 

charged under this final rule’s new rate 

structure are proportional to size of lots, 

smaller businesses (importers) are not 

unduly or disproportionately burdened. 

This new fee structure, for imports 

subject to Section 8e grading 

requirements, balances cost increases 

(for lots larger than 40,000 pounds) with 

cost decreases for additional sublots. 

The fee for a standard 40,000-pound lot 

remains unchanged. 

Tables 3 and 4 show the impact on 

the nine Section 8e commodities 

affected by this rule, using data from 

USDA’s Compliance Enforcement 

Management System (CEMS) database, 

which lists the weight of each lot 

inspected over the three-year period FY 

2021 through FY 2023. Table 3 puts the 

number of inspections into two 

categories: column 1 shows the number 

of lots that weighed 40,000 pounds or 

less, and column 2 shows the number of 

lots that weighed more than 40,000 

pounds. Column 3 presents the sum of 

columns 1 and 2. The last row of 

column 3 shows that the total number 

of inspections for the three-year period 

was 611,475. 

TABLE 3—8e COMMODITIES IMPORTED: NUMBER OF INSPECTIONS, CATEGORIZED BY SIZE OF LOT INSPECTED, USING

40,000-POUND STANDARD LOT SIZE THRESHOLD

[FY2021–FY2023 1] 

≤40,000 lbs. 

per lot 

>40,000 lbs. 

per lot 

Total 

inspections 

Pct of total 

inspections 

(percent) 

Cumulative 

percent 

1 2 3 4 5 

Avocados ............................................................................. 395,812 64,139 459,951 75.2 75.2 

Onions .................................................................................. 17,026 51,918 68,944 11.3 86.5 

Grapes ................................................................................. 35,434 5,445 40,879 6.7 93.2 

Oranges ............................................................................... 9,955 8,219 18,174 3.0 96.2 

Kiwifruit ................................................................................. 8,208 7,358 15,566 2.5 98.7 

Tomatoes ............................................................................. 3,925 33 3,958 0.6 99.3 

Grapefruit ............................................................................. 2,314 1,051 3,365 0.6 99.90 

Filberts ................................................................................. 240 109 349 0.1 99.95 

Potatoes ............................................................................... 193 96 289 0.05 100.0 

9 commodities ...................................................................... 473,107 138,368 611,475 ........................ ........................

1Source: Compliance Enforcement Management System (CEMS) database, Market Development Division, Specialty Crops Program, Agricultural Marketing Service, USDA. 

TABLE 4—8e COMMODITIES IMPORTED: PERCENT OF INSPECTIONS, CATEGORIZED BY SIZE OF LOT INSPECTED, USING

40,000-POUND STANDARD LOT SIZE THRESHOLD

[FY2021–FY2023] 

≤40,000 lbs. per lot 

(%) 

>40,000 lbs. per lot 

(%) 

Avocados ................................................................................................................................. 86 14 

Onions ...................................................................................................................................... 25 75 

Grapes ..................................................................................................................................... 87 13 

Oranges ................................................................................................................................... 55 45 

Kiwifruit .................................................................................................................................... 53 47 

Tomatoes ................................................................................................................................. 99 1 

Grapefruit ................................................................................................................................. 69 31 

Filberts ..................................................................................................................................... 69 31 

Potatoes ................................................................................................................................... 67 33 

9 commodities .......................................................................................................................... 77 23 

Table 4 shows that for all nine 

commodities combined, 77 percent of 

the inspections would have had equal or 

lower fees if charged with the new fee 

structure. Twenty-three percent of the 

lots would have been subject to higher 

fees. Looking at individual years (not 

shown), the percentage of inspections 

representing lots weighing 40,000 

pounds or less for FY 2021, FY 2022 

and FY 2023 was 73, 75, and 80 percent, 

respectively. Therefore, for a large 

majority of annual inspections, the cost 

per individual inspection would have 

been the same or lower than with the 

previous fee system in place. 

The impacts of the revised fee 

structure vary significantly by 

commodity. Table 4 shows that for six 

of the nine commodities, at least two 

thirds of the lots inspected would have 

had equal or lower fees (i.e., lots 

weighing 40,000 pounds or less— 

avocadoes, grapes, tomatoes, grapefruit, 

filberts, potatoes) under the revised fee 

structure. One commodity, onions, 

would have had the opposite result, 

with 25 percent of lots seeing lower 

fees, and 75 percent higher. This 

variation would be offset by the onion 

industry’s prevalence of additional 

sublots in inspections. See Table 1, ‘‘SCI 

Sec. 8e Inspection Fees for Standard 

40,000 Pound Lot: Comparison of FY 

2025 Fee to New Fee Structure, 

Showing Reduced Cost for Additional 

Lots.’’ For oranges and kiwifruit, the 

results were about even; slightly more 

than 50 percent of the lots weighed 

equal to or less than 40,000 pounds and, 

therefore, would have been subject to 

lower fees. 


ddrumheller on DSK120RN23PROD with RULES1
106234 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

This analysis assumes that each lot is 

sampled and inspected independently. 

This may overstate the extent of higher 

fees because under the new fee structure 

the cost declines for each additional 

sublot, as shown in Table 1. To the 

extent that the lots for which fees were 

charged in the CEMS database are 

actually sublots associated with an 

inspected lot from a particular importer, 

the value in Table 4, column (2) (i.e., for 

lots more than 40,000 pounds) 

overstates the percentage of lots that 

would have been subject to a higher fee. 

It is also important to note that certain 

commodities represented larger 

proportions of the lots inspected, as 

shown in columns (4) and (5) of Table 

3. Just over 75 percent of the inspected 

lots were for avocadoes. Adding the 

next four commodities in terms of the 

magnitude of total inspections (onions, 

grapes, oranges, and kiwifruit) raises the 

cumulative percentage up to nearly 99 

percent. Four commodities (tomatoes, 

grapefruit, filbert, and potatoes) 

represented about 1.3 percent of the 

total number of lots inspected. 

This analysis shows that the fee 

impacts vary by commodity, with 

smaller fees per inspected lot expected 

for eight of the nine commodities, 

suggesting that for a large majority of 

annual inspections the cost per 

individual inspection would be the 

same or lower than with the fee system 

that would otherwise be in place in FY 

2025 and future years. 

Comments 

AMS received one comment from the 

Texas International Produce Association 

(TIPA) in full support of implementing 

this rule, noting the changes not only 

help prevent increased food prices but 

also reflects a modernization of the fresh 

produce industry. 

USDA has determined that this rule is 

consistent with and will effectuate the 

purpose of the Agricultural Marketing 

Act of 1946. Therefore, AMS is 

amending certain fees charged for 

Section 8e import inspections from a 

per-carlot basis to a per-pound basis, 

reducing the fee for each additional 

sublot by 50 percent, and establishing a 

new fee calculation for lots less than a 

carlot. 

List of Subjects in 7 CFR Part 51 

Agricultural commodities, Food 

grades and standards, Fruits, Nuts, 

Reporting and recordkeeping 

requirements, Vegetables. 

For reasons set forth in the preamble, 

the Agricultural Marketing Service 

amends 7 CFR part 51 as follows: 

PART 51—FRESH FRUITS, 

VEGETABLES, AND OTHER 

PRODUCTS (INSPECTION, 

CERTIFICATION, AND STANDARDS) 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 7 U.S.C. 1621—1627. 

■ 2. Revise § 51.37 to read as follows: 

§ 51.37 Charges for fees, rates, and 

expenses. 

For each carlot of product inspected, 

a fee or rate determined in accordance 

with §§ 51.38, 51.39, and 51.40, and 

expenses determined in accordance 

with § 51.41, shall be paid by the 

applicant. 

§§ 51.39 through 51.62 [Redesignated as 

§§ 51.40 through 51.63] 

■ 3. Redesignate §§ 51.39 through 51.62 

as §§ 51.40 through 51.63 as follows: 

Old section New section 

Schedule of Fees and Charges at Destination Markets (undesignated center heading) 

§ 51.37 (unchanged) § 51.37 (unchanged). 

§ 51.38 (unchanged) § 51.38 (unchanged). 

§ 51.39 ....................... § 51.40. 

§ 51.40 ....................... § 51.41. 

§ 51.41 ....................... § 51.42. 

§ 51.42 ....................... § 51.43. 

§ 51.43 ....................... § 51.44. 

§ 51.44 ....................... § 51.45. 

Schedule of Fees and Charges at Shipping Point Areas (undesignated center 

heading) 

§ 51.45 ....................... § 51.46. 

Miscellaneous (undesignated center 

heading) 

.

§ 51.46 ....................... § 51.47. 

§ 51.47 ....................... § 51.48. 

§ 51.48 ....................... § 51.49. 

§ 51.49 ....................... § 51.50. 

§ 51.50 ....................... § 51.51. 

§ 51.51 ....................... § 51.52. 

§ 51.52 ....................... § 51.53. 

Requirements for Plants Operating Under 

Continuous Inspection on a Contract 

Basis (undesignated center heading) 

§ 51.53 ....................... § 51.54. 

§ 51.54 ....................... § 51.55. 

§ 51.55 ....................... § 51.56. 

§ 51.56 ....................... § 51.57. 

§ 51.57 ....................... § 51.58. 

§ 51.58 ....................... § 51.59. 

§ 51.59 ....................... § 51.60. 

§ 51.60 ....................... § 51.61. 

§ 51.61 ....................... § 51.62. 

§ 51.62 ....................... § 51.63. 

■ 4. Add new § 51.39 to read as follows: 

§ 51.39 Charges for fees and rates for 8e 

import inspection. 

(a) 8e import inspection fees charged 

on a per-pound basis.—(1) Establishing 

the per-pound inspection rate. To 

compute the per-pound inspection rate, 

divide the current per-lot inspection fee 

for a full carlot (whole lot) by 40,000 

(the generally accepted weight by pound 

of a full carlot). 

(2) Applying the per-pound rate. The 

per-pound inspection rate shall be 

applied to the following lot sizes as 

follows: 

(i) For a full carlot, multiply the perpound rate by the total weight of the full 

carlot plus any applicable fees for 

additional lots of the same product as 

described in paragraph (b) of this 

section. 

(ii) For lots less than a full carlot, 

multiply the per-pound rate by the total 

weight of the lot with a minimum fee 

equivalent to a 2-hour charge computed 

at the current established hourly rate, 

whichever is greater, plus any 

applicable fees for additional lots of the 

same product as described in paragraph 

(b) of this section. 

(b) 8e import inspection fees charged 

on additional lots of the same product. 

To compute the inspection fee for 

additional lots of the same product, 

multiply each additional lot by one-half 

of the current non-8e additional lot of 

the same product inspection fee. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–31144 Filed 12–27–24; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2, 20, 26, 50, 51, 55, 73, 

140, 170, and 171 

[NRC–2011–0087] 

RIN 3150–AI96 

Non-Power Production or Utilization 

Facility License Renewal 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule and guidance; 

issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations that govern the license 

renewal process for certain production 

or utilization facilities. In this final rule, 

the NRC collectively refers to these 

facilities as non-power production or 

utilization facilities (NPUFs). This final 


ddrumheller on DSK120RN23PROD with RULES1