82_FR_16080 82 FR 16019 - Specified Commodities Imported Into the United States, Exempt From Import Regulations; Request for Extension of a Currently Approved Information Collection

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)

Page Range16019-16020
FR Document2017-06336

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 Issue 61 (Friday, March 31, 2017)
[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]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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


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.

-----------------------------------------------------------------------

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



                                                                                                                                                                                               16019

                                                Notices                                                                                                       Federal Register
                                                                                                                                                              Vol. 82, No. 61

                                                                                                                                                              Friday, March 31, 2017



                                                This section of the FEDERAL REGISTER                    be made public on the internet at the                 procedure are similar to the reports
                                                contains documents other than rules or                  address provided above.                               currently required by most domestic
                                                proposed rules that are applicable to the               FOR FURTHER INFORMATION CONTACT:                      marketing orders, and are required of
                                                public. Notices of hearings and investigations,                                                               importers and receivers under the
                                                committee meetings, agency decisions and
                                                                                                        Weiya Zeng, Marketing Order and
                                                                                                        Agreement Division, Specialty Crops                   following import regulations: (1) Fruits;
                                                rulings, delegations of authority, filing of
                                                petitions and applications and agency                   Program, AMS, USDA, 1400                              import regulations (7 CFR 944.350); (2)
                                                statements of organization and functions are            Independence Avenue SW., STOP 0237,                   vegetables; import regulations (7 CFR
                                                examples of documents appearing in this                 Room 1406–S, Washington, DC 20250–                    980.501); and (3) specialty crops; import
                                                section.                                                0237; Telephone: (202) 690–3870; Fax:                 regulations (7 CFR 999.500).
                                                                                                        (202) 720–8938; or Email: weiya.zeng@                    Under these regulations, importers
                                                                                                        ams.usda.gov.                                         intending to import commodities for
                                                DEPARTMENT OF AGRICULTURE                                  Small businesses may request                       exempt purposes must complete the
                                                                                                        information on this notice by contacting              ‘‘Importer’s Exempt Commodity Form’’
                                                Agricultural Marketing Service                          Richard Lower, Marketing Order and                    form. In the previous renewal, the form
                                                                                                        Agreement Division, Specialty Crops                   was denoted as FV–6. As AMS’s
                                                [Doc. No. AMS–SC–17–0018; SC17–6/7–1]                   Program, AMS, USDA, 1400                              program name has changed from Fruit
                                                                                                        Independence Avenue SW., STOP 0237,                   and Vegetable Program (FV) to Specialty
                                                Specified Commodities Imported Into                     Room 1406–S, Washington, DC 20250–                    Crops Program (SC), the form will also
                                                the United States, Exempt From Import                   0237; Telephone (202) 720–2491; Fax:                  change from FV–6 to SC–6. SC–6 is
                                                Regulations; Request for Extension of                   (202) 720–8938; or Email:                             submitted to AMS through the
                                                a Currently Approved Information                        Richard.Lower@ams.usda.gov.                           Compliance and Enforcement
                                                Collection                                                                                                    Management System (CEMS). CEMS is
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                AGENCY: Agricultural Marketing Service,                    Title: Specified Commodities                       an internet-based application which
                                                USDA.                                                   Imported Into the United States Exempt                allows importers and receivers of fruit,
                                                                                                        from Import Requirements.                             vegetable, and specialty crops to
                                                ACTION: Notice and request for
                                                                                                           OMB Number: 0581–0167.                             complete the form online. If an importer
                                                comments.
                                                                                                           Expiration Date of Approval: August                correctly inputs their shipment data into
                                                SUMMARY:  In accordance with the                        31, 2017.                                             CEMS, they will receive and be able to
                                                Paperwork Reduction Act of 1995, this                      Type of Request: Extension and                     print a certificate that accompanies the
                                                document announces the Agricultural                     revision of a currently approved                      shipment. Data elements are
                                                Marketing Service’s (AMS) intention to                  information collection.                               simultaneously transmitted to the
                                                request an extension and revision to                       Abstract: Section 8e of the                        receiver and to AMS, where they are
                                                currently approved forms used by                        Agricultural Marketing Agreement Act                  reviewed for compliance purposes by
                                                importers of commodities that are                       of 1937 as amended (7 U.S.C. 601–674;                 Marketing Order and Agreement
                                                exempt from section 8e import                           Act) requires that whenever the                       Division (MOAD) staff. The receiver
                                                regulations.                                            Secretary of Agriculture issues grade,                retains a copy for recordkeeping
                                                                                                        size, quality, or maturity regulations                purposes.
                                                DATES: Comments on this notice are due                                                                           In rare instances a paper form SC–6
                                                                                                        under domestic marketing orders, the
                                                by May 30, 2017 to be assured of                                                                              may be used. The hardcopy form has
                                                                                                        same or comparable regulations must be
                                                consideration.                                                                                                four parts, which are distributed as
                                                                                                        issued for imported commodities.
                                                ADDRESSES:   Interested persons are                     Import regulations apply only during                  follows: Copy one is presented to the
                                                invited to submit written comments                      those periods when domestic marketing                 U.S. Customs and Border Protection,
                                                concerning this notice. Comments must                   order regulations are in effect.                      Department of Homeland Security; copy
                                                be sent to the Docket Clerk, Marketing                     The following commodities are                      two is filed with MOAD within two
                                                Order and Agreement Division,                           subject to section 8e import regulations:             days of the commodity entering the
                                                Specialty Crops Program, AMS, USDA,                     Avocados; grapefruit; kiwifruit; olives               United States; copy three accompanies
                                                1400 Independence Avenue SW., STOP                      (other than Spanish-style); oranges;                  the exempt shipment to its intended
                                                0237, Washington, DC 20250–0237; Fax:                   table grapes; Irish potatoes; onions;                 destination, where the receiver certifies
                                                (202) 720–8938; or Internet:                            tomatoes; dates (other than dates for                 its receipt and that it will be used for
                                                www.regulations.gov. Comments should                    processing); walnuts; raisins; pistachios;            exempt purposes, and files that copy
                                                reference the docket number and the                     and hazelnuts (filberts). Imports of these            with MOAD within two days of receipt;
                                                date and page number of this issue of                   commodities are exempt from section 8e                and copy four is retained by the
                                                the Federal Register and will be                        requirements if they are imported for                 importer.
                                                available for public inspection in the                  such outlets as processing, charity,                     In addition to renewing the SC–6
                                                Office of the Docket Clerk during regular                                                                     form, this information collection
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                                                                                                        animal feed, seed, and distribution to
                                                business hours, or can be viewed at:                    relief agencies.                                      package does the same for the SC–7
                                                www.regulations.gov. All comments                          Safeguard procedures in the form of                form, ‘‘Civil Penalty Stipulation
                                                submitted in response to this notice will               importer and receiver reporting                       Agreement.’’ Title 7, United States
                                                be included in the record and will be                   requirements are used to ensure that the              Code, Section 601–674 of the
                                                made available to the public. Please be                 imported commodities are, in fact,                    Agricultural Marketing Agreement Act
                                                advised that the identity of individuals                shipped to authorized, exempt outlets.                of 1937, authorizes the Secretary of
                                                or entities submitting the comments will                Reports required under the safeguard                  Agriculture to assess a civil penalty of


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                                                16020                           Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices

                                                not more than $1,100 per violation                      request for OMB approval, and will                    in Wide Usage’’ (7 U.S.C. 2404).
                                                against any person who violates the                     become a matter of public record.                     Renewing the PVP Board is necessary
                                                Section 8e regulations. Investigators                     Dated: March 27, 2017.                              and in the public interest.
                                                complete the form identifying the                       Bruce Summers,                                           The PVPA provides that ‘‘the Board
                                                violation committed by the produce
                                                                                                        Acting Administrator, Agricultural Marketing          shall consist of individuals who are
                                                importer. Produce importers sign the                    Service.                                              experts in various areas of varietal
                                                SC–7 form to agree to pay the sum in
                                                full settlement. There is no burden                     [FR Doc. 2017–06336 Filed 3–30–17; 8:45 am]           development covered by this Act.’’ The
                                                associated as only a signature is                       BILLING CODE 3410–02–P                                Board membership ‘‘shall include
                                                required.                                                                                                     farmer representation and shall be
                                                   The information collected through                                                                          drawn approximately equally from the
                                                this package is used primarily by                       DEPARTMENT OF AGRICULTURE                             private or seed industry sector and from
                                                authorized representatives of the USDA,                                                                       the sector of government or the public.’’
                                                                                                        Agricultural Marketing Service
                                                including AMS Specialty Crops Program                                                                         The Board consists of 14 members, each
                                                regional and headquarters staff.                        [Document No. AMS–ST–16–0120]                         of whom is appointed for a 2-year
                                                   Estimate of Burden: The public                                                                             period, with no member appointed for
                                                reporting burden for this collection of                 Renewal of the Plant Variety Protection               more than three 2-year periods.
                                                information is estimated to average 5                   Board Charter
                                                                                                                                                              Nominations are made by farmers’
                                                minutes per response.                                   AGENCY: Agricultural Marketing Service,               associations, trade associations in the
                                                   Respondents: Importers and receivers                 USDA.                                                 seed industry, professional associations
                                                of exempt commodities. Based on the                                                                           representing expertise in seed
                                                                                                        ACTION: Notice.
                                                information collected on the frequency                                                                        technology, plant breeding, and variety
                                                of use for the forms, AMS has revised                   SUMMARY:    In accordance with the                    development, public and private
                                                estimates of respondents and responses.                 Federal Advisory Committee Act                        research and development institutions
                                                Estimates of respondents and responses                  (FACA), this notice announces that the                (13 members) and the USDA (one
                                                are calculated by taking the raw annual                 Secretary of Agriculture intends to
                                                data collected from inspections on                                                                            member).
                                                                                                        renew the Plant Variety Protection
                                                Section 8e crops entering the U.S.                      Board (PVP Board) Charter.                               Equal opportunity practices, in
                                                market and finding the three-year                                                                             agreement with USDA
                                                                                                        FOR FURTHER INFORMATION CONTACT: Paul
                                                averages. These numbers represent an                    Zankowski, USDA, Agricultural                         nondiscrimination policies, will be
                                                approximation of the annual burden                      Marketing Service (AMS), Plant Variety                followed in all membership
                                                given the frequent changes in number of                 Protection Office; 1400 Independence                  appointments to the Board. To ensure
                                                respondents and responses from year to                  Avenue SW., Room 4512; Washington,                    that the suggestions of the Board have
                                                year. These estimates differ from the                   DC 20250, or by telephone at (202) 720–               taken into account the needs of the
                                                2014 renewal burden as the numbers                      1128 or by internet: http://                          diverse groups served by USDA,
                                                were compiled based on the highest                      www.regulations.gov, or by Email:                     membership shall include, to the extent
                                                number of respondents who could use                     paul.zankowski@ams.usda.gov.                          practicable, individuals with
                                                the form and their frequencies instead of                                                                     demonstrated ability to represent
                                                                                                        SUPPLEMENTARY INFORMATION: The Plant
                                                averages.                                                                                                     minorities, women, and persons with
                                                   Estimated Number of Respondents:                     Variety Protection Act (PVPA) (7 U.S.C.
                                                                                                        2321 et seq.) provides legal protection in            disabilities.
                                                79.
                                                   Estimated Number of Total Annual                     the form of intellectual property rights                 The Charter for the PVP Board will be
                                                Responses: 6,867.                                       to developers of new varieties of plants,             available on the Web site at: http://
                                                   Estimated Number of Responses per                    which are reproduced sexually by seed                 www.ams.usda.gov/PVPO or may be
                                                Respondent: 87.                                         or are tuber-propagated. A Certificate of             requested by contacting the individual
                                                   Estimated Total Annual Burden on                     Plant Variety Protection is awarded to                identified in the FOR FURTHER
                                                Respondents: 568 hours.                                 an owner of a crop variety after an                   INFORMATION CONTACT section of this
                                                   Comments are invited on: (1) Whether                 examination shows that it is new,                     notice.
                                                the proposed collection of information                  distinct from other varieties, and
                                                is necessary for the proper performance                 genetically uniform and stable through                   USDA prohibits discrimination in all
                                                of the functions of the Agency,                         successive generations. The term of                   its programs and activities on the basis
                                                including whether the information will                  protection is 20 years for most crops and             of race, color, national origin, gender,
                                                have practical utility; (2) the accuracy of             25 years for trees, shrubs, and vines.                religion, age, disability, political beliefs,
                                                the Agency’s estimate of the burden of                    The PVPA also provides for a                        sexual orientation, and marital or family
                                                the proposed collection of information,                 statutory Board (7 U.S.C. 2327) to be                 status. Persons with disabilities who
                                                including the validity of the                           appointed by the Secretary of                         require alternative means for
                                                methodology and assumptions used; (3)                   Agriculture. The duties of the Board are              communication of program information
                                                ways to enhance the quality, utility and                to: (1) Advise the Secretary concerning               (Braille, large print, or audiotape.)
                                                clarity of the information to be                        the adoption of rules and regulations to              should contact USDA’s Target Center at
                                                collected; and (4) ways to minimize the                 facilitate the proper administration of               202–720–2600 (voice and TTY).
                                                burden of the collection of information                 the Act; (2) provide advisory counsel to                 To file a written complaint of
                                                                                                        the Secretary on appeals concerning
sradovich on DSK3GMQ082PROD with NOTICES




                                                on those who are to respond, including                                                                        discrimination, write USDA, Office of
                                                through the use of appropriate                          decisions on applications by the PVP
                                                                                                                                                              the Assistant Secretary for Civil Rights,
                                                automated, electronic, mechanical, or                   Office and on requests for emergency
                                                                                                        public-interest compulsory licenses; and              1400 Independence Avenue SW.,
                                                other technological collection
                                                                                                        (3) advise the Secretary on any other                 Washington, DC 20250–9410 or call
                                                techniques or other forms of information
                                                technology.                                             matters under the Regulations and Rules               202–720–5964 (voice and TTY). USDA
                                                   All comments to this document will                   of Practice and on all questions under                is an equal opportunity provider and
                                                be summarized and included in the                       Section 44 of the Act, ‘‘Public Interest              employer.


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Document Created: 2017-03-31 01:37:50
Document Modified: 2017-03-31 01:37:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesComments on this notice are due by May 30, 2017 to be assured of consideration.
ContactWeiya 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]
FR Citation82 FR 16019 

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