82_FR_7746 82 FR 7733 - Regulations Issued Under Authority of the Export Apple Act and Export Grapes and Plums; Changes to Export Reporting Requirements

82 FR 7733 - 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 13 (January 23, 2017)

Page Range7733-7733
FR Document2017-01417

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 and the Export Grape and Plum Act until March 24, 2017. 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 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Proposed Rules]
[Page 7733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01417]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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


Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / 
Proposed Rules

[[Page 7733]]



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.

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

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 and the Export Grape and Plum 
Act until March 24, 2017. 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: Comments must be received by March 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 March 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: January 17, 2017.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2017-01417 Filed 1-19-17; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                                            7733

                                                    Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                   Vol. 82, No. 13

                                                                                                                                                                   Monday, January 23, 2017



                                                    This section of the FEDERAL REGISTER                    DC 20250–0237; Fax: (202) 720–8938; or                 Shippers would also be required to
                                                    contains notices to the public of the proposed          Internet: http://www.regulations.gov. All              maintain paper or electronic copies of
                                                    issuance of rules and regulations. The                  comments should reference the                          the certificates and to provide copies to
                                                    purpose of these notices is to give interested          document number and the date and                       AMS upon request. The proposed rule
                                                    persons an opportunity to participate in the            page number of this issue and the
                                                    rule making prior to the adoption of the final                                                                 would also define ‘‘shipper’’ and would
                                                                                                            December 5, 2016, issue of the Federal                 remove the requirement that carriers of
                                                    rules.
                                                                                                            Register and will be made available for                exported apples and grapes retain
                                                                                                            public inspection in the Office of the                 certificates on file (because the
                                                    DEPARTMENT OF AGRICULTURE                               Docket Clerk during regular business                   requirement to retain the certificates
                                                                                                            hours or can be viewed at: http://                     would shift to shippers of exported
                                                    Agricultural Marketing Service                          www.regulations.gov. All comments
                                                                                                                                                                   apples and grapes). It would also
                                                                                                            submitted in response to the proposed
                                                                                                            rule will be included in the record and                remove regulations that are no longer
                                                    7 CFR Parts 33 and 35
                                                                                                            will be made available to the public.                  applicable to grape exports and add
                                                    [Doc. No. AMS–FV–14–0099; FV15–33/35–1
                                                                                                            Please be advised that the identity of the             structure and language to clarify the
                                                    PR]                                                                                                            regulations.
                                                                                                            individuals or entities submitting the
                                                    Regulations Issued Under Authority of                   comments will be made public on the                       Plums are not currently regulated
                                                    the Export Apple Act and Export                         internet at the address provided above.                under the Export Grape and Plum Act;
                                                    Grapes and Plums; Changes to Export                     FOR FURTHER INFORMATION CONTACT:                       therefore, the proposed change would
                                                    Reporting Requirements                                  Shannon Ramirez, Compliance and                        not impact shipments of plums exported
                                                                                                            Enforcement Specialist, or Vincent                     from the United States. If plums
                                                    AGENCY:  Agricultural Marketing Service,                Fusaro, Compliance and Enforcement                     exported from the United States are
                                                    USDA.                                                   Branch Chief, Marketing Order and                      regulated in the future under the Export
                                                    ACTION: Proposed rule; reopening of                     Agreement Division, Specialty Crops                    Grape and Plum Act, the reporting of
                                                    comment period.                                         Program, AMS, USDA; Telephone: (202)                   export certificate information similar to
                                                                                                            720–2491, Fax: (202) 720–8938, or                      what is being proposed for exported
                                                    SUMMARY:    Notice is hereby given that                 Email: Shannon.Ramirez@ams.usda.gov
                                                    the Agricultural Marketing Service                                                                             grapes and apples would be proposed
                                                                                                            or VincentJ.Fusaro@ams.usda.gov.                       for plums.
                                                    (AMS) is reopening the comment period                     Small businesses may request
                                                    on the proposed rule to change the                      information on complying with this                        The initial comment period for the
                                                    reporting of export certificate                         regulation by contacting Richard Lower,                proposed rule closed on January 4,
                                                    information under regulations issued                    Marketing Order and Agreement                          2017. USDA received a comment from
                                                    pursuant to the Export Apple Act and                    Division, Specialty Crops Program,                     a member of the export apple industry
                                                    the Export Grape and Plum Act until                     AMS, USDA, 1400 Independence                           requesting that the comment period be
                                                    March 24, 2017. The proposed rule                       Avenue SW., STOP 0237, Washington,                     extended by 60 days to allow more time
                                                    would require shippers of apples and                    DC 20250–0237; Telephone: (202) 720–                   to comment on the proposed rule. This
                                                    grapes exported from the United States                  2491, Fax: (202) 720–8938, or Email:                   individual expressed concern that while
                                                    to electronically enter an Export Form                  Richard.Lower@ams.usda.gov.                            the proposed rule provided for a 60-day
                                                    Certificate number or a USDA-defined                    SUPPLEMENTARY INFORMATION: A                           comment period, additional time was
                                                    exemption code into the Automated                       proposed rule was published in the                     needed beyond the January 4, 2017,
                                                    Export System (AES). This rule would                    Federal Register on December 5, 2016                   deadline to allow interested persons to
                                                    also define ‘‘shipper,’’ shift the current              (81 FR 87486). The proposed rule would                 comment.
                                                    file retention requirement from carriers                change the reporting of export certificate
                                                    to shippers, and require shippers to                                                                              After considering the request, USDA
                                                                                                            information under regulations issued
                                                    provide, upon request, copies of the                                                                           is reopening the comment period until
                                                                                                            pursuant to both the Export Apple Act
                                                    certificates to AMS. The proposed rule                                                                         March 24, 2017. This will provide
                                                                                                            and the Export Grape and Plum Act (7
                                                    would also remove obsolete regulations                  CFR part 33, ‘‘Regulations Issued Under                interested persons more time to review
                                                    and make clarifying changes. It also                    Authority of the Export Apple Act,’’ and               the proposed rule, perform a complete
                                                    announced AMS’ intention to request                     7 CFR part 35, ‘‘Export Grapes and                     analysis, and submit written comments.
                                                    revision to a currently approved                        Plums,’’ respectively). Shippers of                      Authority: This notice is issued pursuant
                                                    information collection for exported                     apples and grapes exported from the                    to the Export Apple Act (48 Stat. 124; 7
                                                    apples and grapes.                                      United States subject to inspection                    U.S.C. 581–590) and the Export Grape and
                                                    DATES: Comments must be received by                     would be required to enter the                         Plum Act (74 Stat. 734; 75 Stat. 220; 7 U.S.C.
                                                    March 24, 2017.                                         certificate number from inspection                     591–599).
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    ADDRESSES: Interested persons are                       certificates (i.e., Export Form                          Dated: January 17, 2017.
                                                    invited to submit written comments                      Certificates) into AES. For apples
                                                                                                                                                                   Elanor Starmer,
                                                    concerning the proposal. Comments                       shipped to Canada in bulk containers,
                                                    must be sent to the Docket Clerk,                       which are exempt from inspection                       Administrator, Agricultural Marketing
                                                    Marketing Order and Agreement                           requirements, shippers would be                        Service.
                                                    Division, Specialty Crops Program,                      required to enter a special USDA-                      [FR Doc. 2017–01417 Filed 1–19–17; 8:45 am]
                                                    AMS, USDA, 1400 Independence                            defined exemption code in lieu of an                   BILLING CODE 3410–02–P
                                                    Avenue SW., STOP 0237, Washington,                      Export Form Certificate number.


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Document Created: 2017-01-20 01:29:54
Document Modified: 2017-01-20 01:29:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; reopening of comment period.
DatesComments must be received by March 24, 2017.
ContactShannon 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]
FR Citation82 FR 7733 
CFR Citation7 CFR 33
7 CFR 35

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