81 FR 40149 - Use of Electronic Information Exchange Systems; Miscellaneous Amendments
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 81, Issue 119 (June 21, 2016)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 119 (June 21, 2016)
| Page Range | 40149-40152 | |
| FR Document | 2016-14616 |
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)] [Rules and Regulations] [Pages 40149-40152] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14616] ======================================================================== 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. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations [[Page 40149]] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 319, 322, 352, and 353 9 CFR Parts 93 and 94 [Docket No. APHIS-2016-0016] Use of Electronic Information Exchange Systems; Miscellaneous Amendments AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending our regulations regarding the importation or exportation of animals and animal products and plants and plant products to address instances where the current regulations require the use of a hard-copy form or specify that a particular document must be submitted in writing. This final rule amends the regulations to provide the flexibility needed for persons to take advantage of electronic systems when a regulation has a limiting requirement. The amendments we are making in this final rule are not to mandate the use of electronic systems or preclude the use of paper documents; rather, they address those instances where our regulations specify a submission method to the exclusion of other methods. DATES: Effective June 21, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Stephen O'Neill, Chief, Regulatory Analysis and Development, PPD, APHIS, 4700 River Road, Unit 118, Riverdale, MD 20737-1231; (301) 851-3072. SUPPLEMENTARY INFORMATION: Background The Security and Accountability for Every Port Act of 2006 (``SAFE Act'') requires the interagency establishment of a single portal system, known as the International Trade Data System (ITDS), to be operated by U.S. Customs and Border Protection (CBP). ITDS is an electronic information exchange capability, or ``single-window,'' through which individuals and businesses will transmit data required by participating agencies for the importation or exportation of cargo. The goal of ITDS is to eliminate redundant data reporting and replace multiple filings, many of which are on paper. ITDS provides individuals and companies involved in international trade with an electronic format to secure necessary certifications, complete required forms, and provide information about the requirements and regulations relevant to the commodity of interest. The Animal and Plant Health Inspection Service (APHIS) has actively participated in the development of ITDS in cooperation with CBP and other Federal agencies. As part of the ITDS initiative, CBP developed the Automated Commercial Environment (ACE), a single, centralized, online access point that connects the trade community and partner government agencies. ACE will allow trade participants access to and management of their trade information via reports; expedite legitimate trade by providing CBP with tools to efficiently process imports/exports and move goods quickly across the border; improve communication, collaboration and compliance efforts between CBP and the trade community; facilitate efficient collection, processing and analysis of commercial import and export data; and provide an information-sharing platform for trade data throughout government agencies. For its part, APHIS is working to enhance trade facilitation in several ways. In some cases, APHIS programs will work within ACE to take required actions. In other cases, legacy systems will be updated to allow for more efficient processing of the information. For example, a new permitting system, E-file, is currently being developed to replace the legacy E-permits system. E-file will be used across APHIS programs, will include advanced functionality, and will provide permitting data directly to ACE to allow for speedier review and admissibility determinations at the ports of arrival. Other APHIS system enhancements will allow for better communication with our CBP Agriculture colleagues concerning pest identification and allow for expansion of e-certification opportunities with our trading partners. APHIS recognizes the advantages provided by the ``single-window'' concept and will continue to incorporate those strategies into future planning. On February 19, 2014, President Obama issued Executive Order (E.O.) 13659, Streamlining the Export/Import Process for America's Businesses, in order to reduce unnecessary procedural requirements to commerce while continuing to protect our national security, public health and safety, the environment, and natural resources. Pursuant to E.O. 13659, participating Federal agencies are to have capabilities, agreements, and other requirements in place to utilize ITDS and supporting systems such as ACE as the primary means of receiving from users the standard set of data and other relevant documentation required for the release of imported cargo and clearance of cargo for export no later than by December 31, 2016. Pursuant to E.O. 13659, APHIS has reviewed its regulations in 7 CFR chapter III and 9 CFR chapter I to identify any provisions that may present an obstacle to the use of ACE/ITDS or similar systems by persons importing plants/plant products or animals/animal products that are subject to APHIS' regulations. In particular, we looked for instances where the regulations required the use of a hard-copy form or specified that a particular document had to be submitted in writing. Where those limiting sorts of requirements were found, this final rule amends the regulations to provide the flexibility needed for persons to take advantage of electronic systems. The amendments we are making in this final rule do not mandate the use of electronic systems or preclude the use of paper documents; rather, the rule simply addresses those instances where our regulations specify a submission method to the exclusion of other methods. In many cases, however, we found our regulations require importers or shippers to provide documents such as import permits or certificates upon arrival in the United States without specifying the medium in which those [[Page 40150]] documents must be provided. We do not believe that provisions written in that manner require any changes since the language used already allows for the use of electronic systems. Effective Date This final rule amends the regulations regarding the importation or exportation of animals and animal products and plants and plant products to address instances where the regulations require the use of a hard-copy form or specify that a particular document must be submitted in writing. Where those limiting sorts of requirements exist, this final rule amends the regulations to provide the flexibility needed for persons to take advantage of electronic systems without precluding the use of other methods already in place. Accordingly, the Administrator of APHIS has determined that good cause exists under 5 U.S.C. 553 to publish this final rule without prior notice and opportunity for public comment. Since prior notice and other public procedures with respect to this final rule are impracticable, unnecessary, and contrary to the public interest, there is good cause under 5 U.S.C. 553 for making this final rule effective upon publication. Finally, since a notice of proposed rulemaking is not required pursuant to 5 U.S.C. 553, APHIS is not required to prepare and make available for public comment an initial or final regulatory flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Executive Order 12866 This rule is subject to Executive Order 12866. However, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. Paperwork Reduction Act This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. 7 CFR Part 322 Bees, Honey, Imports, Reporting and recordkeeping requirements. 7 CFR Part 352 Customs duties and inspection, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. 7 CFR Part 353 Exports, Plant diseases and pests, Reporting and recordkeeping requirements. 9 CFR Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, 7 CFR parts 319, 322, 352, and 353 and 9 CFR parts 93 and 94 are amended as follows: Title 7--Agriculture PART 319--FOREIGN QUARANTINE NOTICES 0 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450 and 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Sec. 319.6 [Amended] 0 2. In Sec. 319.6, paragraph (e)(4) is amended by removing the words ``written permission'' and adding the word ``authorization'' in their place. 0 3. Section 319.8-4 is revised to read as follows: Sec. 319.8-4 Notice of arrival. Immediately upon arrival at a port of entry of any shipment of cotton or covers, the importer shall submit to an inspector or, in the case of Guam, through the Customs officer of the Government of Guam, notice of such arrival using a form provided for that purpose (Form PPQ-368). Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. (Approved by the Office of Management and Budget under control number 0579-0049) Sec. 319.40-4 [Amended] 0 4. In Sec. 319.40-4, paragraph (a) is amended by removing the words ``A written'' and adding the word ``An'' in their place. Sec. 319.40-9 [Amended] 0 5. In Sec. 319.40-9, paragraph (b)(1) is amended by removing the words ``in writing or by telephone'' and adding the words ``by any authorized method'' in their place. PART 322--BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT 0 6. The authority citation for part 322 continues to read as follows: Authority: 7 U.S.C. 281; 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. 0 7. Section 322.7 is amended as follows: 0 a. By removing the period at the end of paragraph (b)(3) and adding the word ``, or'' in its place. 0 b. By adding paragraph (b)(4). The addition reads as follows: Sec. 322.7 Notice of arrival. * * * * * (b) * * * (4) Using a U.S. Government electronic information exchange system or other authorized method. * * * * * 0 8. Section 322.31 is amended as follows: 0 a. By removing the period at the end of paragraph (b)(3) and adding the word ``, or'' in its place. 0 b. By adding paragraph (b)(4). The addition reads as follows: Sec. 322.31 Notice of arrival. * * * * * (b) * * * (4) Using a U.S. Government electronic information exchange system or other authorized method. * * * * * PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS 0 9. The authority citation for part 352 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. 0 10. Section 352.7 is revised to read as follows: Sec. 352.7 Notice of arrival. Immediately upon arrival of any shipment of plants or plant products (including noxious weeds) subject to this part and covered by a specific permit, the importer shall submit to an inspector notice of such arrival using a form provided for that purpose (Form PPQ-368) and, where relevant, the proposed routing to the proposed U.S. [[Page 40151]] port of exit. Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. Notice of arrival shall not be required for other products or articles subject to this part since other available documentation meets the requirement for this notice. (Approved by the Office of Management and Budget under control number 0579-0049) PART 353--EXPORT CERTIFICATION 0 11. The authority citation for part 353 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Sec. 353.1 [Amended] 0 12. Section 353.1 is amended as follows: 0 a. In the definition of export certificate for processed plant products, by adding the words ``or an approved electronic equivalent'' after the words ``Form 578''. 0 b. In the definition of phytosanitary certificate, by adding the words ``or an approved electronic equivalent'' after the words ``Form 577''. 0 c. In the definition of phytosanitary certificate for reexport, by adding the words ``or an approved electronic equivalent'' after the words ``Form 579''. Sec. 353.2 [Amended] 0 13. Section 353.2 is amended by removing the words ``(PPQ Form 577)'', ``(PPQ Form 579)'', and ``(PPQ Form 578)''. 0 14. In Sec. 353.5, paragraph (a) is revised as follows: Sec. 353.5 Application for certification. (a) To request the services of an inspector, a written application (PPQ Form 572) shall be made as far in advance as possible, and shall be filed in the office of inspection at the port of certification. Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. * * * * * Title 9--Animals and Animal Products PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 0 15. The authority citation for part 93 continues to read as follows: Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. Sec. 93.101 [Amended] 0 16. Section 93.101 is amended as follows: 0 a. In paragraph (d) introductory text, footnote 4 is amended by adding the words ``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' after the numbers ``20737-1231''. 0 b. In paragraph (f)(2)(iii)(B) introductory text, by adding the words ``, available electronically or through other authorized method'' after the words ``Form 17-8''. Sec. 93.103 [Amended] 0 17. In Sec. 93.103, paragraph (a)(1) introductory text, footnote 8 is amended by adding the words ``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' after the numbers ``20737-1231''. 0 18. In Sec. 93.206, paragraph (c) is added to read as follows: Sec. 93.206 Declaration and other documents for poultry. * * * * * (c) Any declaration, permit, or other document for poultry required under this subpart may be issued and presented using a U.S. Government electronic information exchange system or other authorized method. Sec. 93.215 [Amended] 0 19. In Sec. 93.215, paragraph (a)(2) is amended by removing the word ``paper'' and adding the word ``document'' in its place, and by removing the words ``attached to'' and adding the words ``included with'' in their place. 0 20. In Sec. 93.305, paragraph (c) is added to read as follows: Sec. 93.305 Declaration and other documents for horses. * * * * * (c) Any declaration, permit, or other document for horses required under this subpart may be issued and presented using a U.S. Government electronic information exchange system or other authorized method. 0 21. In Sec. 93.407, paragraph (c) is added to read as follows: Sec. 93.407 Declaration and other documents for ruminants. * * * * * (c) Any declaration, permit, or other document for ruminants required under this subpart may be issued and presented using a U.S. Government electronic information exchange system or other authorized method. Sec. 93.421 [Amended] 0 22. In Sec. 93.421, paragraph (a)(2) is amended by removing the word ``paper'' and adding the word ``document'' in its place, and by removing the words ``attached to'' and adding the words ``included with'' in their place. 0 23. In Sec. 93.506, paragraph (c) is added to read as follows: Sec. 93.506 Declaration and other documents for swine. * * * * * (c) Any declaration, permit, or other document for swine required under this subpart may be issued and presented using a U.S. Government electronic information exchange system or other authorized method. Sec. 93.519 [Amended] 0 24. In Sec. 93.519, paragraph (a)(2) is amended by removing the word ``paper'' and adding the word ``document'' in its place, and by removing the words ``attached to'' and adding the words ``included with'' in their place. 0 25. In Sec. 93.704, paragraph (b) is revised to read as follows: Sec. 93.704 Import permit. * * * * * (b) Import permit required. Any person who desires to import a hedgehog or tenrec must submit an application (VS Form 17-129) for an import permit. Applications are available from the Import-Export Animals Staff, National Center for Import-Export, Veterinary Services, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231 or by visiting http://www.aphis.usda.gov/animal_health/permits/. A separate application must be prepared for each shipment. * * * * * 0 26. In Sec. 93.802, paragraph (b) is revised to read as follows: Sec. 93.802 Import permit. * * * * * (b) An application for an import permit may be obtained from the Import-Export Animals Staff, National Center for Import-Export, Veterinary Services, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231 or by visiting http://www.aphis.usda.gov/animal_health/permits/. * * * * * Sec. 93.804 [Amended] 0 27. Section 93.804 introductory text is amended by adding the words ``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' after the numbers ``20737-1231'' and by [[Page 40152]] removing the words ``It must state:'' and adding the words ``Forms may be provided to the inspector using a U.S. Government electronic information exchange system or other authorized method. The completed form must state:'' in their place. 0 28. In Sec. 93.905, paragraph (b) is added to read as follows: Sec. 93.905 Declaration and other documents for live fish, fertilized eggs, and gametes. * * * * * (b) Any declaration, permit, or other document for live fish, fertilized eggs, and gametes required under this subpart may be issued and presented using a U.S. Government electronic information exchange system or other authorized method. * * * * * PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 0 29. The authority citation for part 94 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. Sec. 94.6 [Amended] 0 30. In Sec. 94.6, paragraph (d) is amended by adding the words ``or visit http://www.aphis.usda.gov/animal_health/permits/'' at the end of the sentence. Sec. 94.15 [Amended] 0 31 In Sec. 94.15, paragraphs (b)(1) and (c)(1) are amended by adding the words ``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' after the numbers ``20737-1231''. 0 32. In Sec. 94.24, paragraph (b)(2) is revised to read as follows: Sec. 94.24 Restrictions on importation of meat and edible products from ovines and caprines due to bovine spongiform encephalopathy. * * * * * (b) * * * (2) The person importing the gelatin obtains a United States Veterinary Permit for Importation and Transportation of Controlled Materials and Organisms and Vectors by filing a permit application on VS Form 16-3. Permit applications are available from APHIS, Veterinary Services, National Center for Import and Export, 4700 River Road Unit 38, Riverdale, MD 20737-1231, or at http://www.aphis.usda.gov/animal_health/permits/. Forms may be submitted using a U.S. Government electronic information exchange system or other authorized method. The application for such a permit must state the intended use of the gelatin and name and address of the consignee in the United States. Sec. 94.27 [Amended] 0 33. In Sec. 94.27, the introductory text of paragraph (b) is amended by adding the words ``Notification may be made using a U.S. Government electronic information exchange system or other authorized method.'' after the words ``before such transit.'' Done in Washington, DC, this 15th day of June 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-14616 Filed 6-20-16; 8:45 am] BILLING CODE 3410-34-P
![40149
Rules and Regulations Federal Register
Vol. 81, No. 119
Tuesday, June 21, 2016
This section of the FEDERAL REGISTER requires the interagency establishment allow for better communication with
contains regulatory documents having general of a single portal system, known as the our CBP Agriculture colleagues
applicability and legal effect, most of which International Trade Data System (ITDS), concerning pest identification and allow
are keyed to and codified in the Code of to be operated by U.S. Customs and for expansion of e-certification
Federal Regulations, which is published under Border Protection (CBP). ITDS is an opportunities with our trading partners.
50 titles pursuant to 44 U.S.C. 1510.
electronic information exchange APHIS recognizes the advantages
The Code of Federal Regulations is sold by capability, or ‘‘single-window,’’ through provided by the ‘‘single-window’’
the Superintendent of Documents. Prices of which individuals and businesses will concept and will continue to
new books are listed in the first FEDERAL transmit data required by participating incorporate those strategies into future
REGISTER issue of each week. agencies for the importation or planning.
exportation of cargo. The goal of ITDS On February 19, 2014, President
is to eliminate redundant data reporting Obama issued Executive Order (E.O.)
DEPARTMENT OF AGRICULTURE and replace multiple filings, many of 13659, Streamlining the Export/Import
which are on paper. ITDS provides Process for America’s Businesses, in
Animal and Plant Health Inspection individuals and companies involved in order to reduce unnecessary procedural
Service international trade with an electronic requirements to commerce while
format to secure necessary certifications, continuing to protect our national
7 CFR Parts 319, 322, 352, and 353 complete required forms, and provide security, public health and safety, the
information about the requirements and environment, and natural resources.
9 CFR Parts 93 and 94 regulations relevant to the commodity of Pursuant to E.O. 13659, participating
[Docket No. APHIS–2016–0016] interest. The Animal and Plant Health Federal agencies are to have
Inspection Service (APHIS) has actively capabilities, agreements, and other
Use of Electronic Information participated in the development of ITDS requirements in place to utilize ITDS
Exchange Systems; Miscellaneous in cooperation with CBP and other and supporting systems such as ACE as
Amendments Federal agencies. the primary means of receiving from
As part of the ITDS initiative, CBP users the standard set of data and other
AGENCY: Animal and Plant Health developed the Automated Commercial relevant documentation required for the
Inspection Service, USDA. Environment (ACE), a single, release of imported cargo and clearance
ACTION: Final rule. centralized, online access point that of cargo for export no later than by
connects the trade community and December 31, 2016.
SUMMARY: We are amending our
partner government agencies. ACE will Pursuant to E.O. 13659, APHIS has
regulations regarding the importation or
allow trade participants access to and reviewed its regulations in 7 CFR
exportation of animals and animal
management of their trade information chapter III and 9 CFR chapter I to
products and plants and plant products
via reports; expedite legitimate trade by identify any provisions that may present
to address instances where the current
providing CBP with tools to efficiently an obstacle to the use of ACE/ITDS or
regulations require the use of a hard-
process imports/exports and move similar systems by persons importing
copy form or specify that a particular
goods quickly across the border; plants/plant products or animals/animal
document must be submitted in writing.
improve communication, collaboration products that are subject to APHIS’
This final rule amends the regulations to
and compliance efforts between CBP regulations.
provide the flexibility needed for
and the trade community; facilitate In particular, we looked for instances
persons to take advantage of electronic
efficient collection, processing and where the regulations required the use
systems when a regulation has a
analysis of commercial import and of a hard-copy form or specified that a
limiting requirement. The amendments
export data; and provide an particular document had to be
we are making in this final rule are not
information-sharing platform for trade submitted in writing. Where those
to mandate the use of electronic systems
data throughout government agencies. limiting sorts of requirements were
or preclude the use of paper documents;
For its part, APHIS is working to found, this final rule amends the
rather, they address those instances
enhance trade facilitation in several regulations to provide the flexibility
where our regulations specify a
ways. In some cases, APHIS programs needed for persons to take advantage of
submission method to the exclusion of
will work within ACE to take required electronic systems. The amendments we
other methods.
actions. In other cases, legacy systems are making in this final rule do not
DATES: Effective June 21, 2016. will be updated to allow for more mandate the use of electronic systems or
FOR FURTHER INFORMATION CONTACT: Mr. efficient processing of the information. preclude the use of paper documents;
Stephen O’Neill, Chief, Regulatory For example, a new permitting system, rather, the rule simply addresses those
Analysis and Development, PPD, E-file, is currently being developed to instances where our regulations specify
APHIS, 4700 River Road, Unit 118, replace the legacy E-permits system. E- a submission method to the exclusion of
Riverdale, MD 20737–1231; (301) 851– file will be used across APHIS other methods.
rmajette on DSK2TPTVN1PROD with RULES
3072. programs, will include advanced In many cases, however, we found our
SUPPLEMENTARY INFORMATION: functionality, and will provide regulations require importers or
permitting data directly to ACE to allow shippers to provide documents such as
Background for speedier review and admissibility import permits or certificates upon
The Security and Accountability for determinations at the ports of arrival. arrival in the United States without
Every Port Act of 2006 (‘‘SAFE Act’’) Other APHIS system enhancements will specifying the medium in which those
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![40150 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
documents must be provided. We do not 7 CFR Part 352 § 319.40–9 [Amended]
believe that provisions written in that ■ 5. In § 319.40–9, paragraph (b)(1) is
manner require any changes since the Customs duties and inspection,
Imports, Plant diseases and pests, amended by removing the words ‘‘in
language used already allows for the use writing or by telephone’’ and adding the
of electronic systems. Quarantine, Reporting and
recordkeeping requirements, words ‘‘by any authorized method’’ in
Effective Date Transportation. their place.
This final rule amends the regulations 7 CFR Part 353 PART 322—BEES, BEEKEEPING
regarding the importation or exportation BYPRODUCTS, AND BEEKEEPING
Exports, Plant diseases and pests, EQUIPMENT
of animals and animal products and
Reporting and recordkeeping
plants and plant products to address
requirements. ■ 6. The authority citation for part 322
instances where the regulations require
the use of a hard-copy form or specify 9 CFR Part 93 continues to read as follows:
that a particular document must be Authority: 7 U.S.C. 281; 7 U.S.C. 7701–
submitted in writing. Where those Animal diseases, Imports, Livestock, 7772 and 7781–7786; 7 CFR 2.22, 2.80, and
limiting sorts of requirements exist, this Poultry and poultry products, 371.3.
final rule amends the regulations to Quarantine, Reporting and
■ 7. Section 322.7 is amended as
provide the flexibility needed for recordkeeping requirements.
follows:
persons to take advantage of electronic 9 CFR Part 94 ■ a. By removing the period at the end
systems without precluding the use of of paragraph (b)(3) and adding the word
other methods already in place. Animal diseases, Imports, Livestock, ‘‘, or’’ in its place.
Accordingly, the Administrator of Meat and meat products, Milk, Poultry ■ b. By adding paragraph (b)(4).
APHIS has determined that good cause and poultry products, Reporting and The addition reads as follows:
exists under 5 U.S.C. 553 to publish this recordkeeping requirements.
final rule without prior notice and § 322.7 Notice of arrival.
Accordingly, 7 CFR parts 319, 322,
opportunity for public comment. 352, and 353 and 9 CFR parts 93 and 94 * * * * *
are amended as follows: (b) * * *
Since prior notice and other public
(4) Using a U.S. Government
procedures with respect to this final
Title 7—Agriculture electronic information exchange system
rule are impracticable, unnecessary, and
or other authorized method.
contrary to the public interest, there is
good cause under 5 U.S.C. 553 for PART 319—FOREIGN QUARANTINE * * * * *
making this final rule effective upon NOTICES ■ 8. Section 322.31 is amended as
publication. follows:
■ 1. The authority citation for part 319 ■ a. By removing the period at the end
Finally, since a notice of proposed continues to read as follows: of paragraph (b)(3) and adding the word
rulemaking is not required pursuant to
Authority: 7 U.S.C. 450 and 7701–7772 ‘‘, or’’ in its place.
5 U.S.C. 553, APHIS is not required to and 7781–7786; 21 U.S.C. 136 and 136a; 7 ■ b. By adding paragraph (b)(4).
prepare and make available for public CFR 2.22, 2.80, and 371.3. The addition reads as follows:
comment an initial or final regulatory
flexibility analysis under the Regulatory § 319.6 [Amended] § 322.31 Notice of arrival.
Flexibility Act (5 U.S.C. 603 and 604). * * * * *
■ 2. In § 319.6, paragraph (e)(4) is
Executive Order 12866 amended by removing the words (b) * * *
‘‘written permission’’ and adding the (4) Using a U.S. Government
This rule is subject to Executive Order word ‘‘authorization’’ in their place. electronic information exchange system
12866. However, for this action, the or other authorized method.
Office of Management and Budget has ■ 3. Section 319.8–4 is revised to read
* * * * *
waived its review under Executive as follows:
Order 12866. § 319.8–4 Notice of arrival. PART 352—PLANT QUARANTINE
Paperwork Reduction Act SAFEGUARD REGULATIONS
Immediately upon arrival at a port of
entry of any shipment of cotton or ■ 9. The authority citation for part 352
This rule contains no information
covers, the importer shall submit to an continues to read as follows:
collection or recordkeeping
inspector or, in the case of Guam,
requirements under the Paperwork Authority: 7 U.S.C. 7701–7772 and 7781–
through the Customs officer of the 7786; 21 U.S.C. 136 and 136a; 31 U.S.C.
Reduction Act of 1995 (44 U.S.C. 3501
Government of Guam, notice of such 9701; 7 CFR 2.22, 2.80, and 371.3.
et seq.).
arrival using a form provided for that
List of Subjects purpose (Form PPQ–368). Forms will be ■ 10. Section 352.7 is revised to read as
submitted using a U.S. Government follows:
7 CFR Part 319
electronic information exchange system § 352.7 Notice of arrival.
Coffee, Cotton, Fruits, Imports, Logs, or other authorized method. Immediately upon arrival of any
Nursery stock, Plant diseases and pests, (Approved by the Office of Management and shipment of plants or plant products
Quarantine, Reporting and Budget under control number 0579–0049) (including noxious weeds) subject to
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recordkeeping requirements, Rice, this part and covered by a specific
Vegetables. § 319.40–4 [Amended]
permit, the importer shall submit to an
7 CFR Part 322 ■ 4. In § 319.40–4, paragraph (a) is inspector notice of such arrival using a
amended by removing the words ‘‘A form provided for that purpose (Form
Bees, Honey, Imports, Reporting and written’’ and adding the word ‘‘An’’ in PPQ–368) and, where relevant, the
recordkeeping requirements. their place. proposed routing to the proposed U.S.
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![Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40151
port of exit. Forms will be submitted Authority: 7 U.S.C. 1622 and 8301–8317; § 93.421 [Amended]
using a U.S. Government electronic 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.4.
■ 22. In § 93.421, paragraph (a)(2) is
information exchange system or other amended by removing the word ‘‘paper’’
authorized method. Notice of arrival § 93.101 [Amended] and adding the word ‘‘document’’ in its
shall not be required for other products place, and by removing the words
or articles subject to this part since other ■ 16. Section 93.101 is amended as
follows: ‘‘attached to’’ and adding the words
available documentation meets the ‘‘included with’’ in their place.
■ a. In paragraph (d) introductory text,
requirement for this notice. ■ 23. In § 93.506, paragraph (c) is added
footnote 4 is amended by adding the
(Approved by the Office of Management and words ‘‘or by visiting http:// to read as follows:
Budget under control number 0579–0049) www.aphis.usda.gov/animal_health/
§ 93.506 Declaration and other documents
permits/’’ after the numbers ‘‘20737–
PART 353—EXPORT CERTIFICATION for swine.
1231’’.
■ b. In paragraph (f)(2)(iii)(B) * * * * *
■ 11. The authority citation for part 353 (c) Any declaration, permit, or other
introductory text, by adding the words
continues to read as follows: document for swine required under this
‘‘, available electronically or through
Authority: 7 U.S.C. 7701–7772 and 7781– other authorized method’’ after the subpart may be issued and presented
7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, words ‘‘Form 17–8’’. using a U.S. Government electronic
2.80, and 371.3. information exchange system or other
§ 93.103 [Amended] authorized method.
§ 353.1 [Amended]
■ 17. In § 93.103, paragraph (a)(1) § 93.519 [Amended]
■ 12. Section 353.1 is amended as introductory text, footnote 8 is amended
follows: by adding the words ‘‘or by visiting ■ 24. In § 93.519, paragraph (a)(2) is
■ a. In the definition of export http://www.aphis.usda.gov/animal_ amended by removing the word ‘‘paper’’
certificate for processed plant products, health/permits/’’ after the numbers and adding the word ‘‘document’’ in its
by adding the words ‘‘or an approved ‘‘20737–1231’’. place, and by removing the words
electronic equivalent’’ after the words ■ 18. In § 93.206, paragraph (c) is added ‘‘attached to’’ and adding the words
‘‘Form 578’’. to read as follows: ‘‘included with’’ in their place.
■ b. In the definition of phytosanitary ■ 25. In § 93.704, paragraph (b) is
certificate, by adding the words ‘‘or an § 93.206 Declaration and other documents revised to read as follows:
approved electronic equivalent’’ after for poultry.
the words ‘‘Form 577’’. * * * * * § 93.704 Import permit.
■ c. In the definition of phytosanitary (c) Any declaration, permit, or other * * * * *
certificate for reexport, by adding the document for poultry required under (b) Import permit required. Any
words ‘‘or an approved electronic this subpart may be issued and person who desires to import a
equivalent’’ after the words ‘‘Form 579’’. presented using a U.S. Government hedgehog or tenrec must submit an
electronic information exchange system application (VS Form 17–129) for an
§ 353.2 [Amended] or other authorized method. import permit. Applications are
■ 13. Section 353.2 is amended by available from the Import-Export
§ 93.215 [Amended]
removing the words ‘‘(PPQ Form 577)’’, Animals Staff, National Center for
‘‘(PPQ Form 579)’’, and ‘‘(PPQ Form ■ 19. In § 93.215, paragraph (a)(2) is Import-Export, Veterinary Services,
578)’’. amended by removing the word ‘‘paper’’ APHIS, 4700 River Road Unit 39,
and adding the word ‘‘document’’ in its Riverdale, MD 20737–1231 or by
■ 14. In § 353.5, paragraph (a) is revised place, and by removing the words visiting http://www.aphis.usda.gov/
as follows: ‘‘attached to’’ and adding the words animal_health/permits/. A separate
§ 353.5 Application for certification. ‘‘included with’’ in their place. application must be prepared for each
■ 20. In § 93.305, paragraph (c) is added shipment.
(a) To request the services of an
inspector, a written application (PPQ to read as follows: * * * * *
Form 572) shall be made as far in § 93.305 Declaration and other documents ■ 26. In § 93.802, paragraph (b) is
advance as possible, and shall be filed for horses. revised to read as follows:
in the office of inspection at the port of * * * * * § 93.802 Import permit.
certification. Forms will be submitted (c) Any declaration, permit, or other
using a U.S. Government electronic document for horses required under this * * * * *
information exchange system or other (b) An application for an import
subpart may be issued and presented
authorized method. permit may be obtained from the
using a U.S. Government electronic
Import-Export Animals Staff, National
* * * * * information exchange system or other
Center for Import-Export, Veterinary
authorized method.
Title 9—Animals and Animal Products Services, APHIS, 4700 River Road Unit
■ 21. In § 93.407, paragraph (c) is added
38, Riverdale, MD 20737–1231 or by
to read as follows: visiting http://www.aphis.usda.gov/
PART 93—IMPORTATION OF CERTAIN
ANIMALS, BIRDS, FISH, AND § 93.407 Declaration and other documents animal_health/permits/.
POULTRY, AND CERTAIN ANIMAL, for ruminants. * * * * *
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BIRD, AND POULTRY PRODUCTS; * * * * *
(c) Any declaration, permit, or other § 93.804 [Amended]
REQUIREMENTS FOR MEANS OF
CONVEYANCE AND SHIPPING document for ruminants required under ■ 27. Section 93.804 introductory text is
CONTAINERS this subpart may be issued and amended by adding the words ‘‘or by
presented using a U.S. Government visiting http://www.aphis.usda.gov/
■ 15. The authority citation for part 93 electronic information exchange system animal_health/permits/’’ after the
continues to read as follows: or other authorized method. numbers ‘‘20737–1231’’ and by
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![40152 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
removing the words ‘‘It must state:’’ and APHIS, Veterinary Services, National Pages/rules/proposed.aspx. Follow the
adding the words ‘‘Forms may be Center for Import and Export, 4700 instructions for submitting comments.
provided to the inspector using a U.S. River Road Unit 38, Riverdale, MD • Email: Address to regcomments@
Government electronic information 20737–1231, or at http:// ncua.gov. Include ‘‘[Your name]
exchange system or other authorized www.aphis.usda.gov/animal_health/ Comments on ‘‘Civil Monetary Penalty
method. The completed form must permits/. Forms may be submitted using Inflation Adjustment’’ in the email
state:’’ in their place. a U.S. Government electronic subject line.
information exchange system or other • Fax: (703) 518–6319. Use the
■ 28. In § 93.905, paragraph (b) is added subject line described above for email.
to read as follows: authorized method. The application for
such a permit must state the intended • Mail: Address to Gerard Poliquin,
§ 93.905 Declaration and other documents use of the gelatin and name and address Secretary of the Board, National Credit
for live fish, fertilized eggs, and gametes. of the consignee in the United States. Union Administration, 1775 Duke
* * * * * Street, Alexandria, Virginia 22314–
(b) Any declaration, permit, or other § 94.27 [Amended] 3428.
document for live fish, fertilized eggs, ■ 33. In § 94.27, the introductory text of • Hand Delivery/Courier: Same as
and gametes required under this subpart paragraph (b) is amended by adding the mail address.
Public Inspection: All public
may be issued and presented using a words ‘‘Notification may be made using
comments are available on the agency’s
U.S. Government electronic information a U.S. Government electronic
Web site at http://www.ncua.gov/
exchange system or other authorized information exchange system or other
RegulationsOpinionsLaws/comments as
method. authorized method.’’ after the words
submitted, except as may not be
* * * * * ‘‘before such transit.’’
possible for technical reasons. Public
Done in Washington, DC, this 15th day of comments will not be edited to remove
PART 94—RINDERPEST, FOOT-AND- June 2016. any identifying or contact information.
MOUTH DISEASE, NEWCASTLE Kevin Shea, Paper copies of comments may be
DISEASE, HIGHLY PATHOGENIC Administrator, Animal and Plant Health inspected in NCUA’s law library at 1775
AVIAN INFLUENZA, AFRICAN SWINE Inspection Service. Duke Street, Alexandria, Virginia 22314,
FEVER, CLASSICAL SWINE FEVER, [FR Doc. 2016–14616 Filed 6–20–16; 8:45 am] by appointment weekdays between 9:00
SWINE VESICULAR DISEASE, AND a.m. and 3:00 p.m. To make an
BILLING CODE 3410–34–P
BOVINE SPONGIFORM appointment, call (703) 518–6546 or
ENCEPHALOPATHY: PROHIBITED send an email to OGCMail@ncua.gov.
AND RESTRICTED IMPORTATIONS
NATIONAL CREDIT UNION FOR FURTHER INFORMATION CONTACT: Ian
■ 29. The authority citation for part 94 ADMINISTRATION Marenna, Senior Trial Attorney, at 1775
continues to read as follows: Duke Street, Alexandria, VA 22314, or
12 CFR Part 747 telephone: (703) 518–6540.
Authority: 7 U.S.C. 450, 7701–7772, 7781–
7786, and 8301–8317; 21 U.S.C. 136 and RIN 3133–AE59 SUPPLEMENTARY INFORMATION:
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and I. Legal Background
371.4. Civil Monetary Penalty Inflation II. Calculation of Adjustments
Adjustment III. Regulatory Procedures
§ 94.6 [Amended]
AGENCY: National Credit Union I. Legal Background
■ 30. In § 94.6, paragraph (d) is Administration (NCUA).
amended by adding the words ‘‘or visit A. Statutory Requirements and
ACTION: Interim final rule with request
http://www.aphis.usda.gov/animal_ Overview of Changes Enacted in 2015
health/permits/’’ at the end of the for comments.
sentence. The Debt Collection Improvement Act
SUMMARY: The NCUA Board (Board) is of 1996 1 (DCIA) amended the Federal
§ 94.15 [Amended] amending its regulations to adjust the Civil Penalties Inflation Adjustment Act
maximum amount of each civil of 1990 2 (FCPIA Act) to require every
■ 31 In § 94.15, paragraphs (b)(1) and monetary penalty (CMP) within its
(c)(1) are amended by adding the words federal agency to enact regulations that
jurisdiction to account for inflation. adjust each CMP provided by law under
‘‘or by visiting http:// This action, including the amount of the
www.aphis.usda.gov/animal_health/ its jurisdiction by the rate of inflation at
adjustments, is required under the least once every four years. The Board
permits/’’ after the numbers ‘‘20737– Federal Civil Penalties Inflation
1231’’. most recently adjusted CMPs within its
Adjustment Act of 1990, as amended by jurisdiction in September 2015.3
■ 32. In § 94.24, paragraph (b)(2) is the Debt Collection Improvement Act of In November 2015, Congress further
revised to read as follows: 1996 and the Federal Civil Penalties amended the CMP inflation
§ 94.24 Restrictions on importation of
Inflation Adjustment Act Improvements requirements in the Bipartisan Budget
meat and edible products from ovines and Act of 2015. Act of 2015,4 which contains the
caprines due to bovine spongiform DATES: This interim final rule is Federal Civil Penalties Inflation
encephalopathy. effective July 21, 2016. Comments must Adjustment Act Improvements Act of
* * * * * be received on or before July 21, 2016. 2015 (the 2015 amendments).5 This
(b) * * * ADDRESSES: You may submit comments
(2) The person importing the gelatin
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by any of the following methods (Please 1 Public Law 104–134, sec. 31001(s), 110 Stat.
obtains a United States Veterinary send comments by one method only): 1321–373 (Apr. 26, 1996). The law is codified at 28
U.S.C. 2461 note.
Permit for Importation and • Federal eRulemaking Portal: http:// 2 Public Law 101–410, 104 Stat. 890 (Oct. 5,
Transportation of Controlled Materials www.regulations.gov. Follow the 1990), also codified at 28 U.S.C. 2461 note.
and Organisms and Vectors by filing a instructions for submitting comments. 3 80 FR 57284 (Sept. 23, 2015).
permit application on VS Form 16–3. • NCUA Web site: https:// 4 Public Law 114–74, 129 Stat. 584 (Nov. 2, 2015).
Permit applications are available from www.ncua.gov/regulation-supervision/ 5 129 Stat. 599.
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Document Created: 2016-06-21 01:30:28
Document Modified: 2016-06-21 01:30:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 21, 2016. | |
| Contact | Mr. Stephen O'Neill, Chief, Regulatory Analysis and Development, PPD, APHIS, 4700 River Road, Unit 118, Riverdale, MD 20737-1231; (301) 851-3072. | |
| FR Citation | 81 FR 40149 | |
| CFR Citation | 7
CFR
319 7 CFR 322 7 CFR 352 7 CFR 353 9 CFR 93 9 CFR 94 | |
| CFR Associated | Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice; Vegetables; Bees; Honey; Customs Duties and Inspection; Transportation; Exports; Animal Diseases; Livestock; Poultry and Poultry Products; Meat and Meat Products and Milk |
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