80_FR_36587 80 FR 36465 - Fruit, Vegetable, and Specialty Crops-Import Regulations; Changes to Reporting Requirements To Add Electronic Form Filing Option

80 FR 36465 - Fruit, Vegetable, and Specialty Crops-Import Regulations; Changes to Reporting Requirements To Add Electronic Form Filing Option

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 122 (June 25, 2015)

Page Range36465-36467
FR Document2015-15386

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that changed the reporting requirements for commodities exempt from import regulations under section 608(e) (hereinafter referred to as ``8e'') of the Agricultural Marketing Agreement Act of 1937 by adding an option to electronically file an ``Importer's Exempt Commodity Form'' (FV-6 form). These changes were needed to bring the import regulations into conformance with the current practice of filing FV-6 forms electronically using the Marketing Order Online System (MOLS), an internet-based application that was implemented in 2008. The interim rule also changed the import regulations for dates and raisins by moving the FV-6 form-filing procedures for these two commodities to the safeguard procedure regulations for specialty crops and by making other administrative updates. These changes to the import regulations were also required to support the International Trade Data System (ITDS), a key White House economic initiative that will automate the filing of import and export information by the trade. All government agencies that are participating in the ITDS initiative, including AMS, are required by U.S. Customs and Border Protection (hereinafter referred to as ``CBP'') to make updates to import and export regulations to provide for the electronic entry of shipment data.

Federal Register, Volume 80 Issue 122 (Thursday, June 25, 2015)
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Rules and Regulations]
[Pages 36465-36467]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15386]



========================================================================
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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules 
and Regulations

[[Page 36465]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 944, 980, and 999

[Doc. No. AMS-FV-14-0093; FV15-944/980/999-1 FIR]


Fruit, Vegetable, and Specialty Crops--Import Regulations; 
Changes to Reporting Requirements To Add Electronic Form Filing Option

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 changed the reporting 
requirements for commodities exempt from import regulations under 
section 608(e) (hereinafter referred to as ``8e'') of the Agricultural 
Marketing Agreement Act of 1937 by adding an option to electronically 
file an ``Importer's Exempt Commodity Form'' (FV-6 form). These changes 
were needed to bring the import regulations into conformance with the 
current practice of filing FV-6 forms electronically using the 
Marketing Order Online System (MOLS), an internet-based application 
that was implemented in 2008. The interim rule also changed the import 
regulations for dates and raisins by moving the FV-6 form-filing 
procedures for these two commodities to the safeguard procedure 
regulations for specialty crops and by making other administrative 
updates. These changes to the import regulations were also required to 
support the International Trade Data System (ITDS), a key White House 
economic initiative that will automate the filing of import and export 
information by the trade. All government agencies that are 
participating in the ITDS initiative, including AMS, are required by 
U.S. Customs and Border Protection (hereinafter referred to as ``CBP'') 
to make updates to import and export regulations to provide for the 
electronic entry of shipment data.

DATES: Effective June 29, 2015.

FOR FURTHER INFORMATION CONTACT: Richard Lower, Senior Compliance and 
Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement 
Branch Chief, Marketing Order and Agreement Division, Fruit and 
Vegetable Program, AMS, USDA; Telephone: (202) 720-2491, Fax: (202) 
720-8938, or Email: Richard.Lower@ams.usda.gov or 
VincentJ.Fusaro@ams.usda.gov.
    Small businesses may request information on complying with this 
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement 
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence 
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.'' Section 8e provides that 
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, and/or maturity requirements as those in effect for the 
domestically produced commodities. The Act also authorizes USDA to 
perform inspections on those imported commodities and certify whether 
these requirements have been met.
    Parts 944, 980, and 999 of title 7 of the Code of Federal 
Regulations (CFR) specify which imported commodities may be exempt from 
grade, size, quality, and/or maturity requirements when imported for 
specific purposes, such as processing, donation to charitable 
organizations, or livestock feed. These parts further specify the form 
importers must use to report to USDA and CBP imports of commodities 
exempt from 8e regulations.
    In an interim rule published in the Federal Register on March 25, 
2015, and effective on March 30, 2015 (80 FR 15673, Doc. No. AMS-FV-14-
0093, FV15-944/980/999-1 IR), Sec. Sec.  944.350, 980.501, and 999.500 
of the import regulations were changed to allow for the electronic 
filing of an ``Importer's Exempt Commodity Form'' (FV-6 form). Changes 
were also made to these three import safeguard sections to reflect that 
the definition of an importer includes a customs broker, when that 
broker is acting as an importer's representative, and to clarify that 
both an importer and a receiver must certify an FV-6 form. 
Additionally, changes were made in these three sections to update AMS 
contact information. The interim rule also changed Sec. Sec.  999.1 and 
999.300, the date and raisin import regulations, respectively, by 
moving the procedures for filing FV-6 forms for dates or raisins that 
are exempt from 8e regulations from those sections to the specialty 
crops safeguard procedures section (Sec.  999.500). Finally, the 
interim rule also made minor administrative updates and corrections to 
Sec. Sec.  999.1 and 999.300, such as updating AMS division names and 
correcting typographical errors.
    The Department of Agriculture (USDA) is issuing this final rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform, and 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 import regulations 
issued under section 8e of the Act.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (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. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf. Import regulations issued under 
the Act are based on those established under Federal marketing orders.

[[Page 36466]]

    Small agricultural service firms, which include importers and 
receivers of commodities exempt from import regulations, are defined by 
the Small Business Administration (SBA) as those having annual receipts 
of less than $7,000,000 (13 CFR 121.201). USDA estimates that there are 
approximately 220 importers and receivers of commodities that are 
exempt from 8e requirements. Although USDA does not have access to data 
about the business sizes of these importers and receivers, it is likely 
that the majority may be classified as small entities.
    This action continues in effect an interim rule that added to the 
import regulations the existing option of electronically reporting on 
shipments of imported fruits, vegetables, and specialty crops that are 
exempt from 8e regulations. Importers and receivers of exempt 
commodities have been filing FV-6 forms electronically for several 
years, since the implementation of MOLS in 2008. There are an estimated 
100 importers and 92 receivers of commodities exempt from 8e 
requirements who report exempt shipment information electronically 
using MOLS. During the two-year period 2013-2014, USDA information 
shows that 637,818,253 pounds of exempt commodities were electronically 
reported on 12,832 FV-6 forms. The table below provides a breakdown of 
this information by commodity:

 Commodities Reported Electronically as Exempt From Import Regulations--
                                2013-2014
------------------------------------------------------------------------
                                                          Electronic  FV-
               Commodity                     Pounds           6 forms
------------------------------------------------------------------------
Avocados..............................           757,939              33
Dates.................................         1,029,855              37
Grapefruit............................           511,965              14
Kiwifruit.............................               360               1
Olives................................            79,858               3
Onions................................        17,959,787             418
Oranges...............................        46,441,261           1,138
Potatoes..............................       570,971,367          11,172
Tomatoes..............................            65,861              16
                                       ---------------------------------
    Total.............................       637,818,253          12,832
------------------------------------------------------------------------

    In comparison, USDA received only 365 paper FV-6 forms from 
importers and receivers for all exempted commodities in 2013-2014. As 
mentioned earlier, the majority of FV-6 forms are filed electronically.
    This change to the import regulations did not revise the procedures 
currently used by importers and receivers to report shipments that are 
exempt from 8e regulations. Most importers and receivers were already 
filing FV-6 forms electronically using MOLS and will continue to do so. 
In the future, importers and receivers will report these exempt 
shipments electronically through CBP's ACE system or MOAD's CEMS 
system, which is currently under development and will eventually 
replace MOLS. This change imposed no additional cost or burden on 
importers and receivers of any size.
    The current process of electronically filing FV-6 forms streamlines 
business operations, both for filers of the forms as well as for USDA, 
which uses the electronic form data to monitor compliance with 8e 
regulations. Changing the regulations to include the current standard 
industry practice of filing FV-6 forms electronically also met CBP's 
requirement to ensure that the regulations of those government agencies 
participating in the ITDS project provide for an electronic data 
collection. The electronic filing option for FV-6 forms has existed for 
many years, and this change aligned the regulations with that 
longstanding industry practice.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection requirements for the FV-6 form 
and imported commodities exempt from 8e regulations were previously 
approved by the Office of Management and Budget (OMB) and assigned OMB 
No. 0581-0167 (Specific Commodities Imported into the United States 
Exempt From Import Regulations), effective August 19, 2014. 
Administrative modifications to the FV-6 form and the shift of 
exemption authority for dates and raisins from Sec. Sec.  999.1 and 
999.300, respectively, to Sec.  999.500, as necessitated by the interim 
rulemaking action, have been submitted to OMB for approval. Because 
importers and receivers of dates and raisins exempt from import 
regulations will continue to file FV-6 forms, the burden hours 
associated with OMB No. 0581-0167 remain unchanged at 17,734 hours. 
Should additional changes become necessary, they would be submitted to 
OMB for approval.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large importers or receivers of 
commodities exempt from 8e regulations. As with all import regulations, 
reports and forms are periodically reviewed to reduce information 
requirements and duplication by industry and public sector agencies.
    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 final rule.
    Further, importers and receivers of commodities exempt from 8e 
regulations have been using MOLS for more than six years to 
electronically complete and certify FV-6 forms. The import trade is 
also fully aware of the ITDS initiative, which is designed to eliminate 
paper-based manual processes and replace those processes with 
electronic entry methods such as the one used to electronically file 
FV-6 forms.
    Comments on the interim rule were required to be received on or 
before May 26, 2015. 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: http://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0093-0001.
    This action also affirms information contained in the interim rule 
concerning

[[Page 36467]]

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).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (80 FR 15673, March 25, 2015) will tend to effectuate 
the declared policy of the Act.

List of Subjects

7 CFR Part 944

    Avocados, Food grades and standards, Grapefruit, Grapes, Imports, 
Kiwifruit, Limes, Olives, Oranges.

7 CFR Part 980

    Food grades and standards, Imports, Marketing agreements, Onions, 
Potatoes, Tomatoes.

7 CFR Part 999

    Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes, 
Raisins, Reporting and recordkeeping requirements, Walnuts.

    Accordingly, the interim rule that amended 7 CFR parts 944, 980, 
and 999 that was published at 80 FR 15673 on March 25, 2015, is adopted 
as a final rule, without change.

    Dated: June 18, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-15386 Filed 6-24-15; 8:45 am]
 BILLING CODE P



                                                                                                                                                                                            36465

                                           Rules and Regulations                                                                                          Federal Register
                                                                                                                                                          Vol. 80, No. 122

                                                                                                                                                          Thursday, June 25, 2015



                                           This section of the FEDERAL REGISTER                    including AMS, are required by U.S.                    FV15–944/980/999–1 IR), §§ 944.350,
                                           contains regulatory documents having general            Customs and Border Protection                          980.501, and 999.500 of the import
                                           applicability and legal effect, most of which           (hereinafter referred to as ‘‘CBP’’) to                regulations were changed to allow for
                                           are keyed to and codified in the Code of                make updates to import and export                      the electronic filing of an ‘‘Importer’s
                                           Federal Regulations, which is published under           regulations to provide for the electronic              Exempt Commodity Form’’ (FV–6 form).
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   entry of shipment data.                                Changes were also made to these three
                                           The Code of Federal Regulations is sold by              DATES: Effective June 29, 2015.                        import safeguard sections to reflect that
                                           the Superintendent of Documents. Prices of              FOR FURTHER INFORMATION CONTACT:                       the definition of an importer includes a
                                           new books are listed in the first FEDERAL               Richard Lower, Senior Compliance and                   customs broker, when that broker is
                                           REGISTER issue of each week.                            Enforcement Specialist, or Vincent                     acting as an importer’s representative,
                                                                                                   Fusaro, Compliance and Enforcement                     and to clarify that both an importer and
                                                                                                   Branch Chief, Marketing Order and                      a receiver must certify an FV–6 form.
                                           DEPARTMENT OF AGRICULTURE                               Agreement Division, Fruit and                          Additionally, changes were made in
                                                                                                   Vegetable Program, AMS, USDA;                          these three sections to update AMS
                                           Agricultural Marketing Service                                                                                 contact information. The interim rule
                                                                                                   Telephone: (202) 720–2491, Fax: (202)
                                                                                                   720–8938, or Email: Richard.Lower@                     also changed §§ 999.1 and 999.300, the
                                           7 CFR Parts 944, 980, and 999                                                                                  date and raisin import regulations,
                                                                                                   ams.usda.gov or VincentJ.Fusaro@
                                           [Doc. No. AMS–FV–14–0093; FV15–944/980/                 ams.usda.gov.                                          respectively, by moving the procedures
                                           999–1 FIR]                                                 Small businesses may request                        for filing FV–6 forms for dates or raisins
                                                                                                   information on complying with this                     that are exempt from 8e regulations
                                           Fruit, Vegetable, and Specialty Crops—                  regulation by contacting Jeffrey Smutny,               from those sections to the specialty
                                           Import Regulations; Changes to                          Marketing Order and Agreement                          crops safeguard procedures section
                                           Reporting Requirements To Add                           Division, Fruit and Vegetable Program,                 (§ 999.500). Finally, the interim rule
                                           Electronic Form Filing Option                           AMS, USDA, 1400 Independence                           also made minor administrative updates
                                                                                                   Avenue SW., STOP 0237, Washington,                     and corrections to §§ 999.1 and 999.300,
                                           AGENCY:   Agricultural Marketing Service,
                                                                                                   DC 20250–0237; Telephone: (202) 720–                   such as updating AMS division names
                                           USDA.
                                                                                                   2491, Fax: (202) 720–8938, or Email:                   and correcting typographical errors.
                                           ACTION: Affirmation of interim rule as                                                                            The Department of Agriculture
                                           final rule.                                             Jeffrey.Smutny@ams.usda.gov.
                                                                                                                                                          (USDA) is issuing this final rule in
                                                                                                   SUPPLEMENTARY INFORMATION: This rule
                                           SUMMARY:    The Department of                                                                                  conformance with Executive Orders
                                                                                                   is issued under section 8e of the
                                           Agriculture (USDA) is adopting, as a                                                                           12866, 13563, and 13175.
                                                                                                   Agricultural Marketing Agreement Act                      This final rule has been reviewed
                                           final rule, without change, an interim                  of 1937, as amended (7 U.S.C. 601–674),                under Executive Order 12988, Civil
                                           rule that changed the reporting                         hereinafter referred to as the ‘‘Act.’’                Justice Reform, and is not intended to
                                           requirements for commodities exempt                     Section 8e provides that whenever                      have retroactive effect.
                                           from import regulations under section                   certain commodities are regulated under                   There are no administrative
                                           608(e) (hereinafter referred to as ‘‘8e’’) of           Federal marketing orders, imports of                   procedures that must be exhausted prior
                                           the Agricultural Marketing Agreement                    those commodities into the United                      to any judicial challenge to the
                                           Act of 1937 by adding an option to                      States are prohibited unless they meet                 provisions of import regulations issued
                                           electronically file an ‘‘Importer’s                     the same or comparable grade, size,                    under section 8e of the Act.
                                           Exempt Commodity Form’’ (FV–6 form).                    quality, and/or maturity requirements as
                                           These changes were needed to bring the                  those in effect for the domestically                   Final Regulatory Flexibility Analysis
                                           import regulations into conformance                     produced commodities. The Act also                        Pursuant to requirements set forth in
                                           with the current practice of filing FV–                 authorizes USDA to perform inspections                 the Regulatory Flexibility Act (RFA) (5
                                           6 forms electronically using the                        on those imported commodities and                      U.S.C. 601–612), the Agricultural
                                           Marketing Order Online System                           certify whether these requirements have                Marketing Service (AMS) has
                                           (MOLS), an internet-based application                   been met.                                              considered the economic impact of this
                                           that was implemented in 2008. The                          Parts 944, 980, and 999 of title 7 of the           action on small entities. Accordingly,
                                           interim rule also changed the import                    Code of Federal Regulations (CFR)                      AMS has prepared this final regulatory
                                           regulations for dates and raisins by                    specify which imported commodities                     flexibility analysis.
                                           moving the FV–6 form-filing procedures                  may be exempt from grade, size, quality,                  The purpose of the RFA is to fit
                                           for these two commodities to the                        and/or maturity requirements when                      regulatory actions to the scale of
                                           safeguard procedure regulations for                     imported for specific purposes, such as                businesses subject to such actions in
                                           specialty crops and by making other                     processing, donation to charitable                     order that small businesses will not be
                                           administrative updates. These changes                   organizations, or livestock feed. These                unduly or disproportionately burdened.
                                           to the import regulations were also                     parts further specify the form importers               Marketing orders issued pursuant to the
                                           required to support the International                   must use to report to USDA and CBP                     Act, and the rules issued thereunder, are
Lhorne on DSK7TPTVN1PROD with RULES




                                           Trade Data System (ITDS), a key White                   imports of commodities exempt from 8e                  unique in that they are brought about
                                           House economic initiative that will                     regulations.                                           through group action of essentially
                                           automate the filing of import and export                   In an interim rule published in the                 small entities acting on their own
                                           information by the trade. All                           Federal Register on March 25, 2015,                    behalf. Import regulations issued under
                                           government agencies that are                            and effective on March 30, 2015 (80 FR                 the Act are based on those established
                                           participating in the ITDS initiative,                   15673, Doc. No. AMS–FV–14–0093,                        under Federal marketing orders.


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                                           36466                      Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations

                                             Small agricultural service firms,                                          is likely that the majority may be                                            100 importers and 92 receivers of
                                           which include importers and receivers                                        classified as small entities.                                                 commodities exempt from 8e
                                           of commodities exempt from import                                               This action continues in effect an                                         requirements who report exempt
                                           regulations, are defined by the Small                                        interim rule that added to the import                                         shipment information electronically
                                           Business Administration (SBA) as those                                       regulations the existing option of                                            using MOLS. During the two-year
                                           having annual receipts of less than                                          electronically reporting on shipments of                                      period 2013–2014, USDA information
                                           $7,000,000 (13 CFR 121.201). USDA                                            imported fruits, vegetables, and                                              shows that 637,818,253 pounds of
                                           estimates that there are approximately                                       specialty crops that are exempt from 8e                                       exempt commodities were electronically
                                           220 importers and receivers of                                               regulations. Importers and receivers of                                       reported on 12,832 FV–6 forms. The
                                           commodities that are exempt from 8e                                          exempt commodities have been filing
                                                                                                                                                                                                      table below provides a breakdown of
                                           requirements. Although USDA does not                                         FV–6 forms electronically for several
                                                                                                                                                                                                      this information by commodity:
                                           have access to data about the business                                       years, since the implementation of
                                           sizes of these importers and receivers, it                                   MOLS in 2008. There are an estimated

                                                                 COMMODITIES REPORTED ELECTRONICALLY AS EXEMPT FROM IMPORT REGULATIONS—2013–2014
                                                                                                                                                                                                                                         Electronic
                                                                                                                       Commodity                                                                                          Pounds        FV–6 forms

                                           Avocados .............................................................................................................................................................             757,939             33
                                           Dates ....................................................................................................................................................................       1,029,855             37
                                           Grapefruit .............................................................................................................................................................           511,965             14
                                           Kiwifruit ................................................................................................................................................................             360              1
                                           Olives ...................................................................................................................................................................          79,858              3
                                           Onions ..................................................................................................................................................................       17,959,787            418
                                           Oranges ...............................................................................................................................................................         46,441,261          1,138
                                           Potatoes ...............................................................................................................................................................       570,971,367         11,172
                                           Tomatoes .............................................................................................................................................................              65,861             16

                                                  Total ..............................................................................................................................................................    637,818,253         12,832



                                              In comparison, USDA received only                                         regulations with that longstanding                                            duplication by industry and public
                                           365 paper FV–6 forms from importers                                          industry practice.                                                            sector agencies.
                                           and receivers for all exempted                                                  In accordance with the Paperwork                                              AMS is committed to complying with
                                           commodities in 2013–2014. As                                                 Reduction Act of 1995 (44 U.S.C.                                              the E-Government Act, to promote the
                                           mentioned earlier, the majority of FV–                                       Chapter 35), the information collection                                       use of the internet and other
                                           6 forms are filed electronically.                                            requirements for the FV–6 form and                                            information technologies to provide
                                              This change to the import regulations                                     imported commodities exempt from 8e                                           increased opportunities for citizen
                                           did not revise the procedures currently                                                                                                                    access to Government information and
                                                                                                                        regulations were previously approved
                                           used by importers and receivers to                                                                                                                         services, and for other purposes.
                                                                                                                        by the Office of Management and
                                           report shipments that are exempt from                                                                                                                         In addition, USDA has not identified
                                                                                                                        Budget (OMB) and assigned OMB No.
                                           8e regulations. Most importers and                                                                                                                         any relevant Federal rules that
                                                                                                                        0581–0167 (Specific Commodities
                                           receivers were already filing FV–6 forms                                                                                                                   duplicate, overlap or conflict with this
                                                                                                                        Imported into the United States Exempt
                                           electronically using MOLS and will                                                                                                                         final rule.
                                                                                                                        From Import Regulations), effective
                                           continue to do so. In the future,                                                                                                                             Further, importers and receivers of
                                                                                                                        August 19, 2014. Administrative
                                           importers and receivers will report these                                                                                                                  commodities exempt from 8e
                                                                                                                        modifications to the FV–6 form and the
                                           exempt shipments electronically                                                                                                                            regulations have been using MOLS for
                                                                                                                        shift of exemption authority for dates                                        more than six years to electronically
                                           through CBP’s ACE system or MOAD’s
                                                                                                                        and raisins from §§ 999.1 and 999.300,                                        complete and certify FV–6 forms. The
                                           CEMS system, which is currently under
                                           development and will eventually                                              respectively, to § 999.500, as                                                import trade is also fully aware of the
                                           replace MOLS. This change imposed no                                         necessitated by the interim rulemaking                                        ITDS initiative, which is designed to
                                           additional cost or burden on importers                                       action, have been submitted to OMB for                                        eliminate paper-based manual processes
                                           and receivers of any size.                                                   approval. Because importers and                                               and replace those processes with
                                              The current process of electronically                                     receivers of dates and raisins exempt                                         electronic entry methods such as the
                                           filing FV–6 forms streamlines business                                       from import regulations will continue to                                      one used to electronically file FV–6
                                           operations, both for filers of the forms                                     file FV–6 forms, the burden hours                                             forms.
                                           as well as for USDA, which uses the                                          associated with OMB No. 0581–0167                                                Comments on the interim rule were
                                           electronic form data to monitor                                              remain unchanged at 17,734 hours.                                             required to be received on or before May
                                           compliance with 8e regulations.                                              Should additional changes become                                              26, 2015. No comments were received.
                                           Changing the regulations to include the                                      necessary, they would be submitted to                                         Therefore, for the reasons given in the
                                           current standard industry practice of                                        OMB for approval.                                                             interim rule, we are adopting the
                                           filing FV–6 forms electronically also                                           This rule will not impose any                                              interim rule as a final rule, without
                                           met CBP’s requirement to ensure that                                         additional reporting or recordkeeping                                         change.
Lhorne on DSK7TPTVN1PROD with RULES




                                           the regulations of those government                                          requirements on either small or large                                            To view the interim rule, go to:
                                           agencies participating in the ITDS                                           importers or receivers of commodities                                         http://www.regulations.gov/
                                           project provide for an electronic data                                       exempt from 8e regulations. As with all                                       #!documentDetail;D=AMS-FV-14-0093-
                                           collection. The electronic filing option                                     import regulations, reports and forms                                         0001.
                                           for FV–6 forms has existed for many                                          are periodically reviewed to reduce                                              This action also affirms information
                                           years, and this change aligned the                                           information requirements and                                                  contained in the interim rule concerning


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                                                              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations                                         36467

                                           Executive Orders 12866, 12988, 13175,                   MAGNASTOR® System listing within                       301–415–3781; email: Solomon.Sahle@
                                           and 13563; the Paperwork Reduction                      the ‘‘List of approved spent fuel storage              nrc.gov.
                                           Act (44 U.S.C. Chapter 35); and the                     casks’’ to include Amendment No. 5 to                  SUPPLEMENTARY INFORMATION:
                                           E-Gov Act (44 U.S.C. 101).                              Certificate of Compliance (CoC) No.
                                              After consideration of all relevant                  1031. Amendment No. 5 makes                            I. Discussion
                                           material presented, it is found that                    numerous changes to the Technical                        On April 15, 2015 (80 FR 20149), the
                                           finalizing the interim rule, without                    Specifications (TSs) including adding a                NRC published a direct final rule
                                           change, as published in the Federal                     new damaged fuel assembly, revising                    amending its regulations in § 72.214 of
                                           Register (80 FR 15673, March 25, 2015)                  the maximum or minimum enrichments                     Title 10 of the Code of Federal
                                           will tend to effectuate the declared                    for three fuel assembly designs, adding                Regulations (10 CFR) by revising the
                                           policy of the Act.                                      four-zone preferential loading for                     NAC International, Inc., MAGNASTOR®
                                                                                                   pressurized-water reactor fuel                         System listing within the ‘‘List of
                                           List of Subjects
                                                                                                   assemblies and increasing the maximum                  approved spent fuel storage casks’’ to
                                           7 CFR Part 944                                          dose rates in limiting condition for                   include Amendment No. 5 to CoC No.
                                             Avocados, Food grades and standards,                  operation (LCO) 3.3.1, and other                       1031. Amendment No. 5 makes
                                           Grapefruit, Grapes, Imports, Kiwifruit,                 editorial changes to Appendices A and                  numerous changes to the TSs including
                                           Limes, Olives, Oranges.                                 B of the TSs.                                          adding a new damaged fuel assembly,
                                                                                                   DATES: Effective Date: The effective date              revising the maximum or minimum
                                           7 CFR Part 980                                          of June 29, 2015, for the direct final rule            enrichments for three fuel assembly
                                             Food grades and standards, Imports,                   published April 15, 2015 (80 FR 20149),                designs, adding four-zone preferential
                                           Marketing agreements, Onions, Potatoes,                 is confirmed.                                          loading for pressurized-water reactor
                                           Tomatoes.                                               ADDRESSES: Please refer to Docket ID                   fuel assemblies and increasing the
                                                                                                   NRC–2014–0261 when contacting the                      maximum dose rates in LCO 3.3.1, and
                                           7 CFR Part 999
                                                                                                   NRC about the availability of                          other editorial changes to Appendices A
                                             Dates, Filberts, Food grades and                      information for this action. You may                   and B of the TSs.
                                           standards, Imports, Nuts, Prunes,                       obtain publicly-available information
                                           Raisins, Reporting and recordkeeping                                                                           II. Public Comments on the Companion
                                                                                                   related to this action by any of the                   Proposed Rule
                                           requirements, Walnuts.                                  following methods:
                                             Accordingly, the interim rule that                       • Federal Rulemaking Web site: Go to                  In the direct final rule, the NRC stated
                                           amended 7 CFR parts 944, 980, and 999                   http://www.regulations.gov and search                  that if no significant adverse comments
                                           that was published at 80 FR 15673 on                    for Docket ID NRC–2014–0261. Address                   were received, the direct final rule
                                           March 25, 2015, is adopted as a final                   questions about NRC dockets to Carol                   would become effective on June 29,
                                           rule, without change.                                   Gallagher; telephone: 301–415–3463;                    2015. The NRC received two identical
                                             Dated: June 18, 2015.                                 email: Carol.Gallagher@nrc.gov. For                    public comments from private citizens
                                                                                                   technical questions, contact the                       on the companion proposed rule (80 FR
                                           Rex A. Barnes,
                                                                                                   individual listed in the FOR FURTHER                   20171). Electronic copies of these
                                           Associate Administrator, Agricultural                                                                          comments can be obtained from the
                                           Marketing Service.                                      INFORMATION CONTACT section of this
                                                                                                   document.                                              Federal rulemaking Web site, http://
                                           [FR Doc. 2015–15386 Filed 6–24–15; 8:45 am]
                                                                                                                                                          www.regulations.gov, by searching for
                                           BILLING CODE P                                             • NRC’s Agencywide Documents
                                                                                                                                                          Docket ID NRC–2014–0261. The
                                                                                                   Access and Management System
                                                                                                                                                          comments also are available in ADAMS
                                                                                                   (ADAMS): You may obtain publicly-
                                                                                                                                                          under Accession No. ML15147A691.
                                           NUCLEAR REGULATORY                                      available documents online in the
                                                                                                                                                          For the reasons discussed in more detail
                                           COMMISSION                                              ADAMS Public Documents collection at
                                                                                                                                                          in Section III, ‘‘Public Comment
                                                                                                   http://www.nrc.gov/reading-rm/
                                                                                                                                                          Analysis,’’ of this document, none of the
                                           10 CFR Part 72                                          adams.html. To begin the search, select
                                                                                                                                                          comments received are considered
                                                                                                   ‘‘ADAMS Public Documents’’ and then
                                           [NRC–2014–0261]                                                                                                significant adverse comments.
                                                                                                   select ‘‘Begin Web-based ADAMS
                                           RIN 3150–AJ50                                           Search.’’ For problems with ADAMS,                     III. Public Comment Analysis
                                                                                                   please contact the NRC’s Public                           The NRC received two identical
                                           List of Approved Spent Fuel Storage                     Document Room (PDR) reference staff at                 comments from private citizens on the
                                           Casks: NAC International, Inc.,                         1–800–397–4209, 301–415–4737, or by                    proposed rule. As explained in the April
                                           MAGNASTOR® System; Certificate of                       email to pdr.resource@nrc.gov. The                     15, 2015, direct final rule (80 FR 20149),
                                           Compliance No. 1031, Amendment                          ADAMS accession number for each                        the NRC would withdraw the direct
                                           No. 5                                                   document referenced (if it is available in             final rule only if it received a
                                                                                                   ADAMS) is provided the first time that                 ‘‘significant adverse comment.’’ This is
                                           AGENCY:   Nuclear Regulatory
                                                                                                   it is mentioned in the SUPPLEMENTARY                   a comment where the commenter
                                           Commission.
                                                                                                   INFORMATION section.
                                           ACTION: Direct final rule; confirmation of                                                                     explains why the rule would be
                                                                                                      • NRC’s PDR: You may examine and                    inappropriate, including challenges to
                                           effective date.                                         purchase copies of public documents at                 the rule’s underlying premise or
                                           SUMMARY:   The U.S. Nuclear Regulatory                  the NRC’s PDR, Room O–1F21, One                        approach, or would be ineffective or
                                           Commission (NRC) is confirming the                      White Flint North, 11555 Rockville                     unacceptable without a change. A
Lhorne on DSK7TPTVN1PROD with RULES




                                           effective date of June 29, 2015, for the                Pike, Rockville, Maryland 20852.                       comment is adverse and significant if:
                                           direct final rule that was published in                 FOR FURTHER INFORMATION CONTACT:                          (1) The comment opposes the rule and
                                           the Federal Register on April 15, 2015.                 Solomon Sahle, Office of Nuclear                       provides a reason sufficient to require a
                                           This direct final rule amended the                      Material Safety and Safeguards, U.S.                   substantive response in a notice-and-
                                           NRC’s spent fuel storage regulations by                 Nuclear Regulatory Commission,                         comment process. For example, a
                                           revising the NAC International, Inc.,                   Washington, DC 20555–0001; telephone:                  substantive response is required when:


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Document Created: 2015-12-15 14:16:48
Document Modified: 2015-12-15 14:16:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAffirmation of interim rule as final rule.
DatesEffective June 29, 2015.
ContactRichard Lower, Senior Compliance and Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement Branch Chief, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected]
FR Citation80 FR 36465 
CFR Citation7 CFR 944
7 CFR 980
7 CFR 999
CFR AssociatedAvocados; Food Grades and Standards; Grapefruit; Grapes; Imports; Kiwifruit; Limes; Olives; Oranges; Marketing Agreements; Onions; Potatoes; Tomatoes; Dates; Filberts; Nuts; Prunes; Raisins; Reporting and Recordkeeping Requirements and Walnuts

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