82 FR 11413 - Regulations Issued Under Authority of the Export Apple Act and Export Grapes and Plums; Changes to Export Reporting Requirements

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 35 (February 23, 2017)

Notice is hereby given that the Agricultural Marketing Service (AMS) is reopening the comment period on the proposed rule to change the reporting of export certificate information under regulations issued pursuant to the Export Apple Act (7 CFR part 33) and the Export Grape and Plum Act (7 CFR part 35). The proposed rule would require shippers of apples and grapes exported from the United States to electronically enter an Export Form Certificate number or a USDA- defined exemption code into the Automated Export System (AES). This rule would also define ``shipper,'' shift the current file retention requirement from carriers to shippers, and require shippers to provide, upon request, copies of the certificates to AMS. The proposed rule would also remove obsolete regulations and make clarifying changes. It also announced AMS' intention to request revision to a currently approved information collection for exported apples and grapes.

[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Proposed Rules]
[Page 11413]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03555]


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Proposed Rules
                                                Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / 
Proposed Rules

[[Page 11413]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 33 and 35

[Doc. No. AMS-FV-14-0099; FV15-33/35-1 PR]


Regulations Issued Under Authority of the Export Apple Act and 
Export Grapes and Plums; Changes to Export Reporting Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: Notice is hereby given that the Agricultural Marketing Service 
(AMS) is reopening the comment period on the proposed rule to change 
the reporting of export certificate information under regulations 
issued pursuant to the Export Apple Act (7 CFR part 33) and the Export 
Grape and Plum Act (7 CFR part 35). The proposed rule would require 
shippers of apples and grapes exported from the United States to 
electronically enter an Export Form Certificate number or a USDA-
defined exemption code into the Automated Export System (AES). This 
rule would also define ``shipper,'' shift the current file retention 
requirement from carriers to shippers, and require shippers to provide, 
upon request, copies of the certificates to AMS. The proposed rule 
would also remove obsolete regulations and make clarifying changes. It 
also announced AMS' intention to request revision to a currently 
approved information collection for exported apples and grapes.

DATES: The comment period for the proposed rule published December 5, 
2016 at (81 FR 87486) is extended until April 24, 2017.

ADDRESSES: Interested persons are invited to submit written comments 
concerning the proposal. Comments must be sent to the Docket Clerk, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All 
comments should reference the document number and the date and page 
number of this issue and the December 5, 2016, issue of the Federal 
Register and will be made available for public inspection in the Office 
of the Docket Clerk during regular business hours or can be viewed at: 
http://www.regulations.gov. All comments submitted in response to the 
proposed rule will be included in the record and will be made available 
to the public. Please be advised that the identity of the individuals 
or entities submitting the comments will be made public on the internet 
at the address provided above.

FOR FURTHER INFORMATION CONTACT: Shannon Ramirez, Compliance and 
Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement 
Branch Chief, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (202) 720-2491, Fax: (202) 720-8938, or 
Email: [email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, 
Fax: (202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: A proposed rule was published in the Federal 
Register on December 5, 2016 (81 FR 87486). The proposed rule would 
change the reporting of export certificate information under 
regulations issued pursuant to both the Export Apple Act and the Export 
Grape and Plum Act (7 CFR part 33, ``Regulations Issued Under Authority 
of the Export Apple Act,'' and 7 CFR part 35, ``Export Grapes and 
Plums,'' respectively). Shippers of apples and grapes exported from the 
United States subject to inspection would be required to enter the 
certificate number from inspection certificates (i.e., Export Form 
Certificates) into AES. For apples shipped to Canada in bulk 
containers, which are exempt from inspection requirements, shippers 
would be required to enter a special USDA-defined exemption code in 
lieu of an Export Form Certificate number. Shippers would also be 
required to maintain paper or electronic copies of the certificates and 
to provide copies to AMS upon request. The proposed rule would also 
define ``shipper'' and would remove the requirement that carriers of 
exported apples and grapes retain certificates on file (because the 
requirement to retain the certificates would shift to shippers of 
exported apples and grapes). It would also remove regulations that are 
no longer applicable to grape exports and add structure and language to 
clarify the regulations.
    Plums are not currently regulated under the Export Grape and Plum 
Act; therefore, the proposed change would not impact shipments of plums 
exported from the United States. If plums exported from the United 
States are regulated in the future under the Export Grape and Plum Act, 
the reporting of export certificate information similar to what is 
being proposed for exported grapes and apples would be proposed for 
plums.
    The initial comment period for the proposed rule closed on January 
4, 2017. USDA received a comment from a member of the export apple 
industry requesting that the comment period be extended by 60 days to 
allow more time to comment on the proposed rule. This individual 
expressed concern that while the proposed rule provided for a 60-day 
comment period, additional time was needed beyond the January 4, 2017, 
deadline to allow interested persons to comment.
    After considering the request, USDA is reopening the comment period 
until April 24, 2017. This will provide interested persons more time to 
review the proposed rule, perform a complete analysis, and submit 
written comments.

    Authority: This notice is issued pursuant to the Export Apple 
Act (48 Stat. 124; 7 U.S.C. 581-590) and the Export Grape and Plum 
Act (74 Stat. 734; 75 Stat. 220; 7 U.S.C. 591-599).

    Dated: February 16, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-03555 Filed 2-22-17; 8:45 am]
 BILLING CODE 3410-02-P