Regulations Issued Under the Export Apple Act; Exempting Bulk Shipments to Canada From Minimum Requirements and Inspection, 18765-18766 [2014-07543]
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18765
Rules and Regulations
Federal Register
Vol. 79, No. 65
Friday, April 4, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 33
[Doc. No. AMS–FV–14–0022; FV14–33–1 IR]
Regulations Issued Under the Export
Apple Act; Exempting Bulk Shipments
to Canada From Minimum
Requirements and Inspection
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This interim rule revises the
regulations issued under the Export
Apple Act to exempt bulk shipments of
apples to Canada from the minimum
requirements and inspection provisions
of the Export Apple Act, and to add a
definition for bulk containers. The rule
is necessary because section 10009 of
the Agricultural Act of 2014 amended
the Export Apple Act to exempt apples
shipped to Canada in bulk containers
weighing more than 100 pounds from
inspection requirements.
DATES: Effective April 7, 2014;
comments received by June 3, 2014 will
be considered prior to issuance of a final
rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. All comments
should reference the document number
and the date and page number of this
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: https://www.regulations.gov. All
TKELLEY on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:26 Apr 03, 2014
Jkt 232001
comments submitted in response to this
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:
Jennie M. Varela, Marketing Specialist,
or Christian D. Nissen, Regional
Director, Southeast Marketing Field
Office, Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or Email:
Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Section
10009 of the Agricultural Act of 2014
amended section 4 of the Export Apple
Act (7 U.S.C. 584) to add an exemption
for apples shipped to Canada in bulk
containers, and add a definition for bulk
container to section 9 of the Export
Apple Act (7 U.S.C. 589).
The Export Apple Act (Act) promotes
the foreign trade of U.S. grown apples
by authorizing the implementation of
regulations with minimum quality,
container marking, and inspection
requirements. These amendments to the
Act require amendments to the
regulations in 7 CFR part 33.
Sections 33.10 and 33.11 of the
regulations require, in part, that apples
shipped to any foreign destination must
meet minimum requirements and be
inspected by the Federal or FederalState Inspection Service. Section 33.12
specifies apples not subject to
regulation.
This rule implements the
amendments to the Act by adding a new
§ 33.8 (Bulk container) under
‘‘Definitions’’ to define a bulk container
as a container that contains a quantity
of apples weighing more than 100
pounds. This action also revises § 33.12
by adding an additional paragraph
exempting bulk shipments to Canada
from all requirements under this part.
Thus, any bulk container of apples
being shipped to Canada is exempt from
the minimum requirements and
inspection provisions. Inspection would
still be required for apples shipped in
containers of less than 100 pounds that
are not otherwise exempt.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Executive Order 12866 and Executive
Order 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. This action has
been designated as a ‘‘non-significant
regulatory action’’ under section 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
(OMB) has waived the review process.
Executive Order 13175
This action has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments. The review reveals that
this regulation would not have
substantial and direct effects on Tribal
governments and would not have
significant Tribal implications.
Executive Order 12988
This interim rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect and shall not
abrogate nor nullify any other statute,
whether State or Federal, dealing with
the same subjects as this Act; but is
intended that all such statutes shall
remain in full force and effect except in
so far as they are inconsistent herewith
or repugnant hereto (7 U.S.C. 587).
The Act provides administrative
proceedings that must be exhausted
before parties may file suit in court.
Pursuant to 7 U.S.C. 586 and sections
33.13 and 33.14 of the regulations, any
person subject to the Act may file with
USDA a request for hearing, along with
a written responsive answer to alleged
violations of the provisions of the Act
and regulations, no later than 10 days
after service of notice of alleged
violations, and is afforded the
opportunity for a hearing on said
request. After opportunity for hearing,
the Secretary is authorized to refuse the
issuance of certificates under this Act
for periods not exceeding 90 days.
E:\FR\FM\04APR1.SGM
04APR1
18766
Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
TKELLEY on DSK3SPTVN1PROD with RULES
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this initial 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,
including shippers, exporters, and
carriers, are defined by the Small
Business Administration (SBA) as those
having annual receipts of less than
$7,000,000, and small agricultural
producers are defined as those having
annual receipts of less than $750,000
(13 CFR 121.201).
The industry estimates there are
approximately 7,500 apple producers in
the U.S. The National Agricultural
Statistics Service reports the 2012 apple
crop was valued at nearly $3.1 billion.
Assuming a normal distribution, most
apple producers can be classified as
small entities. According to industry
statistics, there are approximately 60
apple exporters subject to regulation
under the Act. Foreign Agricultural
Service data estimates the value of fresh
apple exports to Canada at
approximately $190 million. Assuming
a normal distribution, the majority of
apple exporters are small businesses.
Based on the above calculations, it can
be concluded that the majority of apple
producers and exporters may be
classified as small entities.
This rule is issued under the authority
of the Export Apple Act, as amended (7
U.S.C. 581–590). This rule revises
‘‘Regulations Issued Under Authority of
the Export Apple Act’’ (7 CFR part 33).
In accordance with the provisions of
section 10009 of the Agricultural Act of
2014, this action exempts apples
shipped to Canada in bulk containers
from the minimum requirements and
inspection provisions issued under the
Act. This action also adds the definition
of ‘‘bulk container’’ as a container that
contains a quantity of apples weighing
more than 100 pounds.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
requirements have been previously
approved by the Office of Management
and Budget (OMB) and assigned OMB
No. 0581–0143, (Export Fruit
Regulations). No changes in those
requirements as a result of this action
are necessary. Should any changes
VerDate Mar<15>2010
16:26 Apr 03, 2014
Jkt 232001
become necessary, they would be
submitted to OMB for approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
apple shippers, exporters, or carriers.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this interim rule.
Interested persons are invited to
submit comments on this interim rule,
including the regulatory and
informational impacts of this action on
small businesses. Any comments
received will be considered prior to
finalization of this rule.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) This rule has to be
implemented because of amendments
by the Agricultural Act of 2014 to the
Act; (2) this rule provides a 60-day
comment period, and any comments
received will be considered prior to
finalization of this rule.
List of Subjects in 7 CFR Part 33
Apples, Exports, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR part 33 is amended as
follows:
PART 33—REGULATIONS ISSUED
UNDER AUTHORITY OF THE EXPORT
APPLE ACT
1. The authority citation for 7 CFR
part 33 continues to read as follows:
■
Authority: 48 Stat. 124; 7 U.S.C. 581–590.
2. Section 33.8 is added to read as
follows:
■
§ 33.8
Bulk container.
Bulk container means a container that
contains a quantity of apples weighing
more than 100 pounds.
3. In § 33.12, paragraph (d) is added to
read as follows:
■
§ 33.12
Apples not subject to regulation.
*
*
*
*
*
(d) Apples shipped to Canada in bulk
containers.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Dated: March 12, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–07543 Filed 4–3–14; 8:45 am]
BILLING CODE P
FEDERAL TRADE COMMISSION
16 CFR Part 303
Rules and Regulations Under the
Textile Fiber Products Identification
Act
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Final rule.
AGENCY:
The Commission amends the
rules and regulations under the Textile
Fiber Products Identification Act
(‘‘Textile Rules’’ or ‘‘Rules’’) to
incorporate the updated International
Organization for Standardization
(‘‘ISO’’) standard 2076:2010(E); allow
certain hang-tags that do not disclose
the product’s full fiber content; better
address electronic commerce by
amending the definition of the terms
‘‘invoice’’ and ‘‘invoice or other paper’’;
update the guaranty provisions by,
among other things, replacing the
requirement that suppliers provide a
guaranty signed under penalty of
perjury with a certification, and revising
the form used to file continuing
guaranties with the Commission under
the Textile, Fur, and Wool Acts
accordingly; and clarify several other
provisions.
SUMMARY:
The amended Rules are effective
on May 5, 2014. The incorporation by
reference of the ISO standard
2076:2010(E) is approved by the
Director of the Federal Register as of
May 5, 2014.
ADDRESSES: Requests for copies of the
amended Rules should be sent to the
Public Reference Branch, Room 130,
Federal Trade Commission,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Robert M. Frisby, Attorney, (202) 326–
2098, and Amanda B. Kostner, Attorney,
(202) 326–2880, Federal Trade
Commission, Division of Enforcement,
Bureau of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION:
DATES:
I. Introduction
The Textile Fiber Products
Identification Act (‘‘Textile Act’’) 1 and
1 15
E:\FR\FM\04APR1.SGM
U.S.C. 70 et seq.
04APR1
Agencies
[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Rules and Regulations]
[Pages 18765-18766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07543]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules
and Regulations
[[Page 18765]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 33
[Doc. No. AMS-FV-14-0022; FV14-33-1 IR]
Regulations Issued Under the Export Apple Act; Exempting Bulk
Shipments to Canada From Minimum Requirements and Inspection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule revises the regulations issued under the
Export Apple Act to exempt bulk shipments of apples to Canada from the
minimum requirements and inspection provisions of the Export Apple Act,
and to add a definition for bulk containers. The rule is necessary
because section 10009 of the Agricultural Act of 2014 amended the
Export Apple Act to exempt apples shipped to Canada in bulk containers
weighing more than 100 pounds from inspection requirements.
DATES: Effective April 7, 2014; comments received by June 3, 2014 will
be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. All comments should reference the document number
and the date and page number of this 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: https://www.regulations.gov. All comments submitted in response to this 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: Jennie M. Varela, Marketing
Specialist, or Christian D. Nissen, Regional Director, Southeast
Marketing Field Office, Marketing Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863)
325-8793, or Email: Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
SUPPLEMENTARY INFORMATION: Section 10009 of the Agricultural Act of
2014 amended section 4 of the Export Apple Act (7 U.S.C. 584) to add an
exemption for apples shipped to Canada in bulk containers, and add a
definition for bulk container to section 9 of the Export Apple Act (7
U.S.C. 589).
The Export Apple Act (Act) promotes the foreign trade of U.S. grown
apples by authorizing the implementation of regulations with minimum
quality, container marking, and inspection requirements. These
amendments to the Act require amendments to the regulations in 7 CFR
part 33.
Sections 33.10 and 33.11 of the regulations require, in part, that
apples shipped to any foreign destination must meet minimum
requirements and be inspected by the Federal or Federal-State
Inspection Service. Section 33.12 specifies apples not subject to
regulation.
This rule implements the amendments to the Act by adding a new
Sec. 33.8 (Bulk container) under ``Definitions'' to define a bulk
container as a container that contains a quantity of apples weighing
more than 100 pounds. This action also revises Sec. 33.12 by adding an
additional paragraph exempting bulk shipments to Canada from all
requirements under this part.
Thus, any bulk container of apples being shipped to Canada is
exempt from the minimum requirements and inspection provisions.
Inspection would still be required for apples shipped in containers of
less than 100 pounds that are not otherwise exempt.
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This action has been designated as a ``non-significant regulatory
action'' under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget (OMB) has waived the review process.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments. The review reveals that this regulation would not
have substantial and direct effects on Tribal governments and would not
have significant Tribal implications.
Executive Order 12988
This interim rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect and
shall not abrogate nor nullify any other statute, whether State or
Federal, dealing with the same subjects as this Act; but is intended
that all such statutes shall remain in full force and effect except in
so far as they are inconsistent herewith or repugnant hereto (7 U.S.C.
587).
The Act provides administrative proceedings that must be exhausted
before parties may file suit in court. Pursuant to 7 U.S.C. 586 and
sections 33.13 and 33.14 of the regulations, any person subject to the
Act may file with USDA a request for hearing, along with a written
responsive answer to alleged violations of the provisions of the Act
and regulations, no later than 10 days after service of notice of
alleged violations, and is afforded the opportunity for a hearing on
said request. After opportunity for hearing, the Secretary is
authorized to refuse the issuance of certificates under this Act for
periods not exceeding 90 days.
[[Page 18766]]
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this initial 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, including shippers, exporters,
and carriers, are defined by the Small Business Administration (SBA) as
those having annual receipts of less than $7,000,000, and small
agricultural producers are defined as those having annual receipts of
less than $750,000 (13 CFR 121.201).
The industry estimates there are approximately 7,500 apple
producers in the U.S. The National Agricultural Statistics Service
reports the 2012 apple crop was valued at nearly $3.1 billion. Assuming
a normal distribution, most apple producers can be classified as small
entities. According to industry statistics, there are approximately 60
apple exporters subject to regulation under the Act. Foreign
Agricultural Service data estimates the value of fresh apple exports to
Canada at approximately $190 million. Assuming a normal distribution,
the majority of apple exporters are small businesses. Based on the
above calculations, it can be concluded that the majority of apple
producers and exporters may be classified as small entities.
This rule is issued under the authority of the Export Apple Act, as
amended (7 U.S.C. 581-590). This rule revises ``Regulations Issued
Under Authority of the Export Apple Act'' (7 CFR part 33). In
accordance with the provisions of section 10009 of the Agricultural Act
of 2014, this action exempts apples shipped to Canada in bulk
containers from the minimum requirements and inspection provisions
issued under the Act. This action also adds the definition of ``bulk
container'' as a container that contains a quantity of apples weighing
more than 100 pounds.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0143, (Export Fruit Regulations). No changes in
those requirements as a result of this action are necessary. Should any
changes become necessary, they would be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large apple shippers, exporters, or
carriers.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this interim rule.
Interested persons are invited to submit comments on this interim
rule, including the regulatory and informational impacts of this action
on small businesses. Any comments received will be considered prior to
finalization of this rule.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) This rule has to be implemented because of amendments by
the Agricultural Act of 2014 to the Act; (2) this rule provides a 60-
day comment period, and any comments received will be considered prior
to finalization of this rule.
List of Subjects in 7 CFR Part 33
Apples, Exports, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 33 is amended
as follows:
PART 33--REGULATIONS ISSUED UNDER AUTHORITY OF THE EXPORT APPLE ACT
0
1. The authority citation for 7 CFR part 33 continues to read as
follows:
Authority: 48 Stat. 124; 7 U.S.C. 581-590.
0
2. Section 33.8 is added to read as follows:
Sec. 33.8 Bulk container.
Bulk container means a container that contains a quantity of apples
weighing more than 100 pounds.
0
3. In Sec. 33.12, paragraph (d) is added to read as follows:
Sec. 33.12 Apples not subject to regulation.
* * * * *
(d) Apples shipped to Canada in bulk containers.
Dated: March 12, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-07543 Filed 4-3-14; 8:45 am]
BILLING CODE P