82 FR 23999 - Changes to Reporting and Notification Requirements and Other Clarifying Changes for Imported Fruits, Vegetables, and Specialty Crops
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 100 (May 25, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 100 (May 25, 2017)
| Page Range | 23999-24001 | |
| FR Document | 2017-10678 |
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)] [Rules and Regulations] [Pages 23999-24001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10678] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 944, 980, and 999 [Doc. No. AMS-SC-16-0083; SC16-944/980/999-1 FIR] Changes to Reporting and Notification Requirements and Other Clarifying Changes for Imported Fruits, Vegetables, and Specialty Crops AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of the interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that updated reporting and notification requirements associated with, and made clarifying changes to, the fruit, vegetable, and specialty crop import regulations for certain commodities regulated under section 608(e) (hereinafter referred to as ``8e'') of the Agricultural Marketing Agreement Act of 1937. The interim rule shifted the exempt reporting requirement for imported tomatoes destined for noncommercial outlets for experimental purposes from the tomato import regulations to the safeguard procedures section of the vegetable import regulations. In addition, the pistachio import regulations were updated by removing reference to a paper-based notification of entry process. Other administrative changes were made to several of the 8e regulations to replace outdated information. These changes to the import regulations support the International Trade Data System (ITDS), a system that streamlines and automates the filing of import and export information by the trade. DATES: Effective May 30, 2017. FOR FURTHER INFORMATION CONTACT: Shannon Ramirez, Compliance and Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement Branch Chief, Specialty Crops Program, AMS, USDA; Telephone: (202) 720- 2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected]. Small businesses may obtain information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement [[Page 24000]] 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: This rule is issued under section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601- 674), hereinafter referred to as the ``Act.'' Section 8e provides that whenever certain commodities are regulated under Federal marketing orders, imports of those commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, and/or maturity requirements as those in effect for the domestically produced commodities. The Act also authorizes USDA to perform inspections and other related functions (such as commodity sampling) on those imported commodities and to certify whether these requirements have been met. Parts 944, 980, and 999 of title 7 of the Code of Federal Regulations (CFR) specify inspection, certification, and reporting requirements for imported commodities regulated under 8e. These parts also list the imported commodities that may be exempt from grade, size, quality, and/or maturity requirements when imported for specific purposes (such as processing, donation to charitable organizations, or livestock feed). Additionally, these parts specify the form importers must use to report to USDA and the U.S. Customs and Border Protection (CBP) imports of commodities exempt from 8e regulations. USDA is issuing this rule in conformance with Executive Orders 12866, 13771, 13563, and 13175. This rule continues in effect an interim rule clarifying change to part 980, the vegetable import regulations. The interim rule moved the procedure for filing an exempt commodity form for tomatoes destined for noncommercial outlets for experimental purposes from Sec. 980.212 of the tomato import regulations to Sec. 980.501 of the vegetable safeguard procedures import regulations. This change removed reference to a form that does not exist for imports and made the safeguard regulations consistent for all imported vegetables that are exempt from 8e regulations. This rule also continues in effect the change to Sec. 999.600 of the pistachio import regulations that removed the reference to a paper- based notification of entry process, known in the industry as the ``stamp and fax'' process. This paper-based process was replaced by an electronic filing requirement that was developed to comply with the International Trade Data System (ITDS) and was specified within the USDA's Agricultural Marketing Service (AMS) Specialty Crops Inspection Division's regulations in an interim rule published in the Federal Register on December 21, 2016 (81 FR 93571). Removing this outdated information streamlines the regulations and provides consistency among the specialty crop import regulations. This rule also continues in effect other minor administrative changes to Sec. Sec. 944.401, 999.1, and 999.600 of the fruit and specialty crop import regulations. These changes, which include updating agency and program names and removing or updating other information that was duplicative or out of date, helps ensure the import regulations contain accurate information and align with the ITDS objective of streamlining import processes for the trade. AMS has determined that these changes to the fruit, vegetable, and specialty crop import regulations meet CBP's requirements for ITDS by shifting an exempt-tomato reporting requirement to the proper safeguard procedures section of the vegetable import regulations. These regulations were revised in 2015 to provide an electronic filing option; streamline an entry notification process for imported pistachios; and remove or revise duplicative or outdated information. These changes help reduce the burden on America's import trade without compromising AMS' ability to ensure compliance with its import regulations. In an interim rule published in the Federal Register on December 5, 2016, and effective on December 8, 2016 (81 FR 87409, Doc. No. AMS-SC- 164-0083, SC16-944/980/999-1 IR), clarifying changes were made to part 980 by moving the exempt-use reporting requirements for tomatoes destined for noncommercial outlets for experimental purposes from Sec. 980.212 (tomato import regulations) to Sec. 980.501 (safeguard procedures section for imported vegetables). In addition, Sec. 999.600(d) of the pistachio import regulations was revised to remove the paper-based ``stamp and fax'' process, which has been replaced by an electronic process that importers now use to notify AMS of an initial request for inspection. Finally, several administrative changes were made to various sections in parts 944 and 999 (the fruit and specialty crop import regulations, respectively). First, the USDA agency and program names were updated, where needed. Second, Sec. Sec. 944.401(e) (olives) and 999.1(c)(1) (dates) were changed by simplifying the language regarding the requirement that importers provide USDA inspectors with identifying information about each lot being inspected. Finally, Sec. 999.1(e) (dates) was updated by removing a paragraph titled ``importation,'' because it contained redundant and incomplete information about filing inspection or exemption documents with CBP. Executive Orders 12866 and 13771, and Final Regulatory Flexibility Analysis This rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order 12866, and is not subject to review by the Office of Management and Budget (OMB). Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small agricultural service firms, which includes importers, are defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,500,000 (13 CFR 121.201). Based on 2015 reporting, USDA estimates that there were two importers and two receivers of tomatoes that were exempt from 8e requirements. Although USDA does not have access to data about the business sizes of these importers and receivers, it is likely that the majority may be classified as large entities. This rule continues in effect the action that moved the requirements for reporting imported tomatoes destined for noncommercial outlets for experimental purposes, which are exempt from 8e regulations, from the tomato import regulations to the safeguard section of the vegetable import regulations. This change to the regulations did not revise the procedures currently used by importers and receivers of exempt tomatoes; [[Page 24001]] instead, it shifted the outdated requirements contained in Sec. 980.212 to the more appropriate safeguard procedures section in Sec. 980.501. Most importers and receivers already file FV-6 forms electronically with AMS, while some paper forms are still submitted to AMS. In 2015, AMS estimates it received five electronic FV-6 forms and no paper FV-6 forms for approximately 14,900 pounds of exempt tomatoes. As part of the full implementation of ITDS, importers and receivers report exempt shipments through CBP's Automated Commercial Environment (ACE) system and AMS' Compliance and Enforcement Management System (CEMS). CEMS was developed by AMS to replace AMS' Marketing Order Online System (MOLS), an online system that was used from its implementation in 2008 until it was replaced by CEMS in 2016. An affirmation of interim rule as final rule was published in the Federal Register on June 25, 2015, (80 FR 36465) that provided for the electronic submission of FV-6 forms, a practice that has existed since MOLS was implemented in 2008 but was not reflected in the regulations. This action imposes no additional burden on importers and receivers of exempt tomatoes. Regarding alternatives to this action, AMS determined that these changes to the regulations were needed to comply with ITDS requirements. Moving an outdated, paper-based exempt form-filing requirement from the import tomato regulations to the safeguard section of the vegetable import regulations standardized the regulations and properly provided for the current requirement of filing a paper or electronic form FV-6, which benefits importers and receivers who import these exempt tomatoes. In addition, changing the pistachio regulations by removing the paper-based ``stamp and fax'' requirement streamlined the regulations and reduced the burden on the trade. The other administrative changes made in the interim rule provided the import trade with accurate information. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements for the form FV-6 (for commodities exempt from 8e requirements) have been previously approved by OMB and assigned OMB No. 0581-0167 (Specific Commodities Imported into United States Exempt From Import Regulations). No changes in the requirements for the FV-6 form as a result of this action are necessary. The shift of the requirements for exempt-use filings from the tomato import regulations to the safeguard section for imported vegetables was administrative in nature and did not change the practice that has existed for many years. Should any changes to form FV-6 become necessary in the future, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large importers or receivers of commodities exempt from 8e regulations. As with all import regulations, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Further, importers are already familiar with the long-existing process and requirement to file FV-6 forms for commodities exempt from 8e regulations. Also, the import trade is fully aware of the ITDS initiative, which is designed to streamline and automate the filing of import shipment data. Comments on the interim rule were required to be received on or before February 3, 2017. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-16-0083-0001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (81 FR 87409, December 5, 2016) will tend to effectuate the declared policy of the Act. List of Subjects 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Olives, Oranges. 7 CFR Part 980 Food grades and standards, Imports, Marketing agreements, Onions, Potatoes, Tomatoes. 7 CFR Part 999 Dates, Filberts, Food grades and standards, Imports, Nuts, Pistachios, Prunes, Raisins, Reporting and recordkeeping requirements, Walnuts. PARTS 944, 980, AND 999--[AMENDED] 0 Accordingly, the interim rule that amended 7 CFR parts 944, 980, and 999 that was published at 81 FR 87409 on December 5, 2016, is adopted as a final rule, without change. Dated: May 19, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-10678 Filed 5-24-17; 8:45 am] BILLING CODE 3410-02-P
![23999
Rules and Regulations Federal Register
Vol. 82, No. 100
Thursday, May 25, 2017
This section of the FEDERAL REGISTER Celtis, which we have determined not to DEPARTMENT OF AGRICULTURE
contains regulatory documents having general be a host plant of ALB, from the list of
applicability and legal effect, most of which regulated articles. This action relieved Agricultural Marketing Service
are keyed to and codified in the Code of
restrictions on the movement of Celtis
Federal Regulations, which is published under 7 CFR Parts 944, 980, and 999
50 titles pursuant to 44 U.S.C. 1510. spp. plants from areas quarantined for
ALB. [Doc. No. AMS–SC–16–0083; SC16–944/980/
The Code of Federal Regulations is sold by Comments on the interim rule were 999–1 FIR]
the Superintendent of Documents.
required to be received on or before
Changes to Reporting and Notification
August 15, 2016. We did not receive any
Requirements and Other Clarifying
DEPARTMENT OF AGRICULTURE comments. Therefore, for the reasons Changes for Imported Fruits,
given in the interim rule, we are Vegetables, and Specialty Crops
Animal and Plant Health Inspection adopting the interim rule as a final rule
Service without change. AGENCY: Agricultural Marketing Service,
This action also affirms the USDA.
7 CFR Part 301 ACTION: Affirmation of the interim rule
information contained in the interim
[Docket No. APHIS–2015–0097] rule concerning Executive Order 12866 as final rule.
and the Regulatory Flexibility Act, SUMMARY: The Department of
Asian Longhorned Beetle: Update List Executive Orders 12372 and 12988, and
of Regulated Articles Agriculture (USDA) is adopting, as a
the Paperwork Reduction Act. final rule, without change, an interim
AGENCY: Animal and Plant Health Further, for this action, the Office of rule that updated reporting and
Inspection Service, USDA. Management and Budget has waived its notification requirements associated
ACTION: Affirmation of interim rule as review under Executive Order 12866. with, and made clarifying changes to,
final rule. Because this rule is waived, it does not the fruit, vegetable, and specialty crop
trigger the requirements of Executive import regulations for certain
SUMMARY: We are adopting as a final commodities regulated under section
rule, without change, an interim rule Order 13771.
608(e) (hereinafter referred to as ‘‘8e’’) of
that amended the Asian longhorned List of Subjects in 7 CFR Part 301 the Agricultural Marketing Agreement
beetle (ALB) regulations by removing Act of 1937. The interim rule shifted the
plants of the genus Celtis, which we Agricultural commodities, Plant
exempt reporting requirement for
have determined not to be a host plant diseases and pests, Quarantine,
imported tomatoes destined for
of ALB, from the list of regulated Reporting and recordkeeping noncommercial outlets for experimental
articles. As a result of the interim rule, requirements, Transportation. purposes from the tomato import
there are no longer any restrictions on regulations to the safeguard procedures
the movement of Celtis spp. plants from PART 301—DOMESTIC QUARANTINE
section of the vegetable import
areas quarantined for ALB. NOTICES regulations. In addition, the pistachio
DATES: Effective on May 25, 2017, we import regulations were updated by
are adopting as a final rule the interim ■ Accordingly, we are adopting as a removing reference to a paper-based
rule published at 81 FR 39175–39176 on final rule, without change, the interim notification of entry process. Other
June 16, 2016. rule that amended 7 CFR part 301 and administrative changes were made to
FOR FURTHER INFORMATION CONTACT: Ms. that was published at 81 FR 39175– several of the 8e regulations to replace
Claudia Ferguson, M.S., Senior 39176 on June 16, 2016. outdated information. These changes to
Regulatory Policy Specialist, Regulatory Done in Washington, DC, this 19th day of the import regulations support the
Coordination and Compliance, Imports, May 2017. International Trade Data System (ITDS),
Regulations and Manuals, PPQ, APHIS, a system that streamlines and automates
Michael C. Gregoire,
4700 River Road Unit 133, Riverdale, the filing of import and export
MD 20737–1236; (301) 851–2352; email: Acting Administrator, Animal and Plant
information by the trade.
Claudia.Ferguson@aphis.usda.gov. Health Inspection Service.
DATES: Effective May 30, 2017.
[FR Doc. 2017–10675 Filed 5–24–17; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 3410–34–P
FOR FURTHER INFORMATION CONTACT:
Background Shannon Ramirez, Compliance and
Enforcement Specialist, or Vincent
In an interim rule 1 effective June 16,
Fusaro, Compliance and Enforcement
2016, and published in the Federal
Branch Chief, Specialty Crops Program,
Register on June 16, 2016 (81 FR 39175–
AMS, USDA; Telephone: (202) 720–
39176, Docket No. APHIS–2015–0097),
2491, Fax: (202) 720–8938, or Email:
we amended the Asian longhorned
Shannon.Ramirez@ams.usda.gov or
beetle (ALB) regulations in 7 CFR
VincentJ.Fusaro@ams.usda.gov.
301.51 by removing plants of the genus
Small businesses may obtain
1 To view the interim rule and supporting information on complying with this
documentation, go to http://www.regulations.gov/# regulation by contacting Richard Lower,
!docketDetail;D=APHIS-2015-0097. Marketing Order and Agreement
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![Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations 24001
instead, it shifted the outdated import regulations to the safeguard PARTS 944, 980, AND 999—
requirements contained in § 980.212 to section for imported vegetables was [AMENDED]
the more appropriate safeguard administrative in nature and did not
procedures section in § 980.501. Most change the practice that has existed for ■ Accordingly, the interim rule that
importers and receivers already file FV– many years. Should any changes to form amended 7 CFR parts 944, 980, and 999
6 forms electronically with AMS, while FV–6 become necessary in the future, that was published at 81 FR 87409 on
some paper forms are still submitted to they would be submitted to OMB for December 5, 2016, is adopted as a final
AMS. In 2015, AMS estimates it approval. rule, without change.
received five electronic FV–6 forms and This rule will not impose any Dated: May 19, 2017.
no paper FV–6 forms for approximately additional reporting or recordkeeping
Bruce Summers,
14,900 pounds of exempt tomatoes. requirements on either small or large
Acting Administrator, Agricultural Marketing
As part of the full implementation of importers or receivers of commodities
Service.
ITDS, importers and receivers report exempt from 8e regulations. As with all
[FR Doc. 2017–10678 Filed 5–24–17; 8:45 am]
exempt shipments through CBP’s import regulations, reports and forms
Automated Commercial Environment are periodically reviewed to reduce BILLING CODE 3410–02–P
(ACE) system and AMS’ Compliance information requirements and
and Enforcement Management System duplication by industry and public
(CEMS). CEMS was developed by AMS sector agencies. In addition, USDA has DEPARTMENT OF AGRICULTURE
to replace AMS’ Marketing Order not identified any relevant Federal rules Agricultural Marketing Service
Online System (MOLS), an online that duplicate, overlap, or conflict with
system that was used from its this rule. 7 CFR Part 985
implementation in 2008 until it was Further, importers are already familiar
replaced by CEMS in 2016. An with the long-existing process and [Doc. No. AMS–SC–16–0107; SC17–985–1
affirmation of interim rule as final rule requirement to file FV–6 forms for FR]
was published in the Federal Register commodities exempt from 8e
on June 25, 2015, (80 FR 36465) that regulations. Also, the import trade is Marketing Order Regulating the
provided for the electronic submission fully aware of the ITDS initiative, which Handling of Spearmint Oil Produced in
of FV–6 forms, a practice that has is designed to streamline and automate the Far West; Salable Quantities and
existed since MOLS was implemented the filing of import shipment data. Allotment Percentages for the 2017–
in 2008 but was not reflected in the Comments on the interim rule were 2018 Marketing Year
regulations. This action imposes no required to be received on or before AGENCY: Agricultural Marketing Service,
additional burden on importers and February 3, 2017. No comments were USDA.
receivers of exempt tomatoes. received. Therefore, for the reasons
ACTION: Final rule.
Regarding alternatives to this action, given in the interim rule, we are
AMS determined that these changes to adopting the interim rule as a final rule, SUMMARY: This final rule implements a
the regulations were needed to comply without change. recommendation from the Far West
with ITDS requirements. Moving an To view the interim rule, go to: Spearmint Oil Administrative
outdated, paper-based exempt form- https://www.regulations.gov/ Committee (Committee) to establish the
filing requirement from the import document?D=AMS-SC-16-0083-0001. quantity of spearmint oil produced in
tomato regulations to the safeguard This action also affirms information the Far West, by class, that handlers
section of the vegetable import contained in the interim rule concerning may purchase from, or handle on behalf
regulations standardized the regulations Executive Orders 12866, 12988, 13175, of, producers during the 2017–2018
and properly provided for the current and 13563; the Paperwork Reduction marketing year, which begins on June 1,
requirement of filing a paper or Act (44 U.S.C. Chapter 35); and the E- 2017. The Far West production area
electronic form FV–6, which benefits Gov Act (44 U.S.C. 101). includes the states of Washington,
importers and receivers who import After consideration of all relevant
Idaho, Oregon, and designated parts of
these exempt tomatoes. In addition, material presented, it is found that
Nevada and Utah. The Committee
changing the pistachio regulations by finalizing the interim rule, without
locally administers the marketing order
removing the paper-based ‘‘stamp and change, as published in the Federal
and is comprised of spearmint oil
fax’’ requirement streamlined the Register (81 FR 87409, December 5,
producers operating within the area of
regulations and reduced the burden on 2016) will tend to effectuate the
production. This action establishes
the trade. The other administrative declared policy of the Act.
salable quantities and allotment
changes made in the interim rule
List of Subjects percentages for Class 1 (Scotch)
provided the import trade with accurate
spearmint oil of 774,645 pounds and 36
information. 7 CFR Part 944
In accordance with the Paperwork percent, respectively, and for Class 3
Avocados, Food grades and standards, (Native) spearmint oil of 1,075,051
Reduction Act of 1995 (44 U.S.C. Grapefruit, Grapes, Imports, Kiwifruit,
Chapter 35), the information collection pounds and 44 percent, respectively.
Olives, Oranges. The Committee recommended these
requirements for the form FV–6 (for
commodities exempt from 8e 7 CFR Part 980 salable quantities and allotment
requirements) have been previously percentages to help maintain stability in
Food grades and standards, Imports, the spearmint oil market.
approved by OMB and assigned OMB Marketing agreements, Onions, Potatoes,
No. 0581–0167 (Specific Commodities DATES: Effective May 26, 2017.
Tomatoes.
Imported into United States Exempt FOR FURTHER INFORMATION CONTACT: Dale
From Import Regulations). No changes 7 CFR Part 999 Novotny, Marketing Specialist, or Gary
in the requirements for the FV–6 form Dates, Filberts, Food grades and Olson, Regional Director, Northwest
as a result of this action are necessary. standards, Imports, Nuts, Pistachios, Marketing Field Office, Marketing Order
The shift of the requirements for Prunes, Raisins, Reporting and and Agreement Division, Specialty
exempt-use filings from the tomato recordkeeping requirements, Walnuts. Crops Program, AMS, USDA;
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Document Created: 2018-11-08 08:53:28
Document Modified: 2018-11-08 08:53:28
| 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 | Affirmation of the interim rule as final rule. | |
| Dates | Effective May 30, 2017. | |
| Contact | Shannon Ramirez, Compliance and Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement Branch Chief, Specialty Crops Program, AMS, USDA; Telephone: (202) 720- 2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected] | |
| FR Citation | 82 FR 23999 | |
| CFR Citation | 7
CFR
944 7 CFR 980 7 CFR 999 | |
| CFR Associated | Avocados; Food Grades and Standards; Grapefruit; Grapes; Imports; Kiwifruit; Olives; Oranges; Marketing Agreements; Onions; Potatoes; Tomatoes; Dates; Filberts; Nuts; Pistachios; Prunes; Raisins; Reporting and Recordkeeping Requirements and Walnuts |
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