82 FR 16019 - Specified Commodities Imported Into the United States, Exempt From Import Regulations; Request for Extension of a Currently Approved Information Collection

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 61 (March 31, 2017)

In accordance with the Paperwork Reduction Act of 1995, this document announces the Agricultural Marketing Service's (AMS) intention to request an extension and revision to currently approved forms used by importers of commodities that are exempt from section 8e import regulations.

[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16019-16020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06336]


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Notices
                                                Federal Register
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Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / 
Notices

[[Page 16019]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-SC-17-0018; SC17-6/7-1]


Specified Commodities Imported Into the United States, Exempt 
From Import Regulations; Request for Extension of a Currently Approved 
Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
document announces the Agricultural Marketing Service's (AMS) intention 
to request an extension and revision to currently approved forms used 
by importers of commodities that are exempt from section 8e import 
regulations.

DATES: Comments on this notice are due by May 30, 2017 to be assured of 
consideration.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this notice. 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: www.regulations.gov. Comments 
should reference the docket number and the date and page number of this 
issue of the Federal Register and will be available for public 
inspection in the Office of the Docket Clerk during regular business 
hours, or can be viewed at: www.regulations.gov. All comments submitted 
in response to this notice will be included in the record and will be 
made available to the public. Please be advised that the identity of 
individuals or entities submitting the comments will be made public on 
the internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Weiya Zeng, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Room 1406-S, Washington, DC 20250-
0237; Telephone: (202) 690-3870; Fax: (202) 720-8938; or Email: 
[email protected].
    Small businesses may request information on this notice by 
contacting Richard Lower, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 
0237, Room 1406-S, Washington, DC 20250-0237; Telephone (202) 720-2491; 
Fax: (202) 720-8938; or Email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Specified Commodities Imported Into the United States Exempt 
from Import Requirements.
    OMB Number: 0581-0167.
    Expiration Date of Approval: August 31, 2017.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: Section 8e of the Agricultural Marketing Agreement Act of 
1937 as amended (7 U.S.C. 601-674; Act) requires that whenever the 
Secretary of Agriculture issues grade, size, quality, or maturity 
regulations under domestic marketing orders, the same or comparable 
regulations must be issued for imported commodities. Import regulations 
apply only during those periods when domestic marketing order 
regulations are in effect.
    The following commodities are subject to section 8e import 
regulations: Avocados; grapefruit; kiwifruit; olives (other than 
Spanish-style); oranges; table grapes; Irish potatoes; onions; 
tomatoes; dates (other than dates for processing); walnuts; raisins; 
pistachios; and hazelnuts (filberts). Imports of these commodities are 
exempt from section 8e requirements if they are imported for such 
outlets as processing, charity, animal feed, seed, and distribution to 
relief agencies.
    Safeguard procedures in the form of importer and receiver reporting 
requirements are used to ensure that the imported commodities are, in 
fact, shipped to authorized, exempt outlets. Reports required under the 
safeguard procedure are similar to the reports currently required by 
most domestic marketing orders, and are required of importers and 
receivers under the following import regulations: (1) Fruits; import 
regulations (7 CFR 944.350); (2) vegetables; import regulations (7 CFR 
980.501); and (3) specialty crops; import regulations (7 CFR 999.500).
    Under these regulations, importers intending to import commodities 
for exempt purposes must complete the ``Importer's Exempt Commodity 
Form'' form. In the previous renewal, the form was denoted as FV-6. As 
AMS's program name has changed from Fruit and Vegetable Program (FV) to 
Specialty Crops Program (SC), the form will also change from FV-6 to 
SC-6. SC-6 is submitted to AMS through the Compliance and Enforcement 
Management System (CEMS). CEMS is an internet-based application which 
allows importers and receivers of fruit, vegetable, and specialty crops 
to complete the form online. If an importer correctly inputs their 
shipment data into CEMS, they will receive and be able to print a 
certificate that accompanies the shipment. Data elements are 
simultaneously transmitted to the receiver and to AMS, where they are 
reviewed for compliance purposes by Marketing Order and Agreement 
Division (MOAD) staff. The receiver retains a copy for recordkeeping 
purposes.
    In rare instances a paper form SC-6 may be used. The hardcopy form 
has four parts, which are distributed as follows: Copy one is presented 
to the U.S. Customs and Border Protection, Department of Homeland 
Security; copy two is filed with MOAD within two days of the commodity 
entering the United States; copy three accompanies the exempt shipment 
to its intended destination, where the receiver certifies its receipt 
and that it will be used for exempt purposes, and files that copy with 
MOAD within two days of receipt; and copy four is retained by the 
importer.
    In addition to renewing the SC-6 form, this information collection 
package does the same for the SC-7 form, ``Civil Penalty Stipulation 
Agreement.'' Title 7, United States Code, Section 601-674 of the 
Agricultural Marketing Agreement Act of 1937, authorizes the Secretary 
of Agriculture to assess a civil penalty of

[[Page 16020]]

not more than $1,100 per violation against any person who violates the 
Section 8e regulations. Investigators complete the form identifying the 
violation committed by the produce importer. Produce importers sign the 
SC-7 form to agree to pay the sum in full settlement. There is no 
burden associated as only a signature is required.
    The information collected through this package is used primarily by 
authorized representatives of the USDA, including AMS Specialty Crops 
Program regional and headquarters staff.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 5 minutes per response.
    Respondents: Importers and receivers of exempt commodities. Based 
on the information collected on the frequency of use for the forms, AMS 
has revised estimates of respondents and responses. Estimates of 
respondents and responses are calculated by taking the raw annual data 
collected from inspections on Section 8e crops entering the U.S. market 
and finding the three-year averages. These numbers represent an 
approximation of the annual burden given the frequent changes in number 
of respondents and responses from year to year. These estimates differ 
from the 2014 renewal burden as the numbers were compiled based on the 
highest number of respondents who could use the form and their 
frequencies instead of averages.
    Estimated Number of Respondents: 79.
    Estimated Number of Total Annual Responses: 6,867.
    Estimated Number of Responses per Respondent: 87.
    Estimated Total Annual Burden on Respondents: 568 hours.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Agency, including whether the information will have practical 
utility; (2) the accuracy of the Agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All comments to this document will be summarized and included in 
the request for OMB approval, and will become a matter of public 
record.

    Dated: March 27, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-06336 Filed 3-30-17; 8:45 am]
 BILLING CODE 3410-02-P