Fruit, Vegetable, and Specialty Crops-Import Regulations; Changes to Reporting Requirements To Add Electronic Form Filing Option, 15673-15679 [2015-06490]
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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations
with the affected businesses. The
number of jobs must be evidenced by a
written commitment from the business
to be assisted.
(1) One job for less than $5,000—25
points;
(2) one job for $5,000 but less than
$10,000—20 points;
(3) one job for $10,000 but less than
$15,000—15 points;
(4) one job for $15,000 but less than
$20,000—10 points; or
(5) one job for $20,000 but less than
$25,000—5 points.
(i) Size of grant request. Grant Projects
utilizing funds available under this
subpart of:
(1) less than $100,000—25 points;
(2) $100,000 to $200,000—15 points;
or
(3) more than $200,000 but not more
than $500,000—10 points.
(j) Indirect cost. Applicant is not
requesting grant funds to cover their
administrative or indirect costs-5 points.
(k) Discretionary points. Either the
State Director or Administrator may
assign up to 50 discretionary points to
an application. Assignment of
discretionary points must include a
written justification. Permissible
justifications are geographic distribution
of funds, special Secretary of
Agriculture initiatives such as Priority
Communities, or a state’s strategic goals.
Discretionary points may only be
assigned to initial grants. However, in
the case where two Projects have the
same score, the State Director may add
one point to the Project that best fits the
State’s strategic plan regardless of
whether the Project is an initial or
subsequent grant.
§§ 4280.436–4280.438
[Reserved]
Grant Awards and Agreement
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§ 4280.439
Grant awards and agreements.
The Agency will award and
administer RBDG grants in accordance
with applicable Departmental
regulations, this subpart, and the
unauthorized grant provisions of 7 CFR
part 1951, subpart O.
(a) Letter of conditions. The Agency
will provide each approved applicant a
letter of conditions, which sets out the
conditions under which the grant will
be made, including, but not limited to,
an Agency grant agreement.
(b) Applicant’s intent to meet
conditions. The applicant must
complete, sign and return a ‘‘Letter of
Intent to Meet Conditions,’’ to the
Agency. If applicant identifies certain
conditions that the applicant cannot
meet, the applicant may propose
alternate conditions to the Agency. The
Agency must concur with any changes
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15673
proposed by the letter of conditions by
the applicant before the any grant will
be made.
DEPARTMENT OF AGRICULTURE
§§ 4280.440–4280.442
7 CFR Parts 944, 980, and 999
[Reserved]
Agricultural Marketing Service
Post Award Activities and
Requirements
[Doc. No. AMS–FV–14–0093; FV15–944/980/
999–1 IR]
§ 4280.443
servicing.
Fruit, Vegetable, and Specialty Crops—
Import Regulations; Changes to
Reporting Requirements To Add
Electronic Form Filing Option
Grant monitoring and
RBDG grants will be monitored and
serviced in accordance with the grant
agreement, this subpart, and 2 CFR
chapter IV.
§§ 4280.444–4280.447
§ 4280.448
[Reserved]
Transfers and assumptions.
The Agency will approve transfer and
assumption requests on grants awarded
under this subpart on a case by case
basis, and then only to eligible entities
under § 4280.416.
§§ 4280.449–4280.499
§ 4280.500
[Reserved]
OMB control number.
The reporting and recordkeeping
requirements contained in this
regulation have been approved by the
Office of Management and Budget
(OMB) under the provisions of 44 U.S.C.
chapter 35 and have been assigned OMB
control numbers 0570–0022 and 0570–
0024 in accordance with the Paperwork
Reduction Act of 1995. You are not
required to respond to this collection of
information unless it displays a valid
OMB control number.
PART 4284—GRANTS
7. The authority citation for part 4284
continues to read as follows:
■
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Subpart F also issued under 7 U.S.C
1932(e).
Subpart G also issued under 7 U.S.C
1926(a)(11).
Subpart J also issued under 7 U.S.C 1621
note.
Subpart K also issued under 7 U.S.C. 1621
note.
Subpart G—[Removed and Reserved]
8. Subpart G, consisting of
§§ 4284.601 through 4284.700, is
removed and reserved.
■
Dated: March 6, 2015.
Lisa Mensah,
Under Secretary, Rural Development.
Dated: March 3, 2015.
Michael Scuse,
Under Secretary, Farm and Foreign
Agricultural Services.
[FR Doc. 2015–06489 Filed 3–24–15; 8:45 am]
BILLING CODE 3410–XY–P
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Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule changes the
reporting requirements for commodities
exempt from import regulations under
section 608(e) (hereinafter referred to as
‘‘8e’’) of the Agricultural Marketing
Agreement Act of 1937 by adding an
option to electronically file an
‘‘Importer’s Exempt Commodity Form’’
(FV–6 form). These changes are needed
to bring the import regulations into
conformance with the current practice
of filing FV–6 forms electronically using
the Marketing Order Online System
(MOLS), an internet-based application
that was implemented in 2008. This rule
also changes the import regulations for
dates and raisins by moving the FV–6
form-filing procedures for these two
commodities to the safeguard procedure
regulations for specialty crops and by
making other administrative updates.
These changes to the import regulations
are also required to support the
International Trade Data System (ITDS),
a key White House economic initiative
that will automate the filing of import
and export information by the trade. All
government agencies that are
participating in the ITDS initiative,
including AMS, are required by U.S.
Customs and Border Protection
(hereinafter referred to as ‘‘CBP’’) to
make updates to import and export
regulations to provide for the electronic
entry of shipment data.
DATES: Effective March 30, 2015;
comments received by May 26, 2015
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
SUMMARY:
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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:
Richard Lower, Senior Marketing
Specialist, or Candice Spalding, Deputy
Director, Marketing Order and
Agreement Division, Fruit and
Vegetable Program, AMS, USDA;
Telephone: (202) 720–2491, Fax: (202)
720–8938, or Email: Richard.Lower@
ams.usda.gov or Candice.Spalding@
ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
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
on those imported commodities and
certify whether these requirements have
been met.
Parts 944, 980, and 999 of title 7 of the
Code of Federal Regulations (CFR)
specify which imported commodities
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. These
parts further specify the form importers
must use to report to USDA and CBP
imports of commodities exempt from 8e
regulations.
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
12866, 13563, and 13175.
This rule has been reviewed under
Executive Order 12988, Civil Justice
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Reform. This rule is not intended to
have retroactive effect.
There are no administrative
procedures that must be exhausted prior
to any judicial challenge to the
provisions of import regulations issued
under section 8e of the Act.
This rule changes §§ 944.350,
980.501, and 999.500 of the import
regulations, which specify safeguard
procedures for fruits, vegetables, and
specialty crops, respectively, that are
exempt from 8e regulations. Currently,
safeguard procedures exist for the
following commodities: Avocados,
grapefruit, kiwifruit, fresh prunes
(suspended indefinitely in 2006), olives,
oranges, table grapes, Irish potatoes,
onions, tomatoes, dates, walnuts,
raisins, and pistachios.
The safeguard procedures require that
importers and receivers certify to AMS
by filing an FV–6 form that an imported
commodity is sent to and used in an
exempt outlet as authorized by the
regulations and as declared on the FV–
6 form. Examples of authorized exempt
uses include processing, livestock feed,
seed, and distribution to charitable
organizations or relief agencies. Prior to
this change, the safeguard procedures
specified requirements for filing a paper
copy of an FV–6 form for an imported
shipment intended for an exempted
purpose, with an ‘‘online’’ submission
option also provided for in § 999.500.
These sections will now provide options
to submit an FV–6 form either
electronically or on paper.
In addition, the three import
safeguard sections have been updated to
reflect that the definition of an importer
includes a customs broker, when that
broker is acting as an importer’s
representative, and to clarify that both
an importer and a receiver must certify
an FV–6 form. Changes have also been
made to update contact information (for
example, agency name, email address,
etc.).
This rule also changes §§ 999.1 and
999.300, the date and raisin import
regulations, respectively, by moving the
procedures for filing FV–6 forms for
dates or raisins that are exempt from 8e
regulations from those sections to the
specialty crops safeguard procedures
section (§ 999.500). This change makes
the safeguard regulations consistent for
walnuts, dates, pistachios, and raisins
that are exempt from 8e regulations.
This rule also makes minor
administrative updates and corrections
to §§ 999.1 and 999.300 (for example,
updating division names and correcting
typographical errors).
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Importer’s Exempt Commodity Form
(FV–6)
The import regulations in parts 944,
980, and 999 provide that individual
lots of some imported commodities may
be exempted from 8e requirements if
those commodities are intended to be
used in processing or in some other
exempted outlet, such as a charitable
organization or as livestock feed. To
import exempt commodities into the
United States, importers and receivers
are required to certify to USDA and CBP
as to the intended, authorized exempt
use of those commodities. Certification
is reported by both importers and
receivers using an FV–6 form
(‘‘Importer’s Exempt Commodity
Form’’).
Submission of FV–6 Form
Prior to 2008, an FV–6 form was only
available in a paper format. The paper
FV–6 form is a four-part form that is
used as follows: One part is presented
to CBP by the importer; one part
accompanies the import shipment to its
destination, where the receiver of the
shipment certifies its receipt and
submits that certified copy to AMS’
Marketing Order and Agreement
Division (MOAD) for compliance
purposes; one part is submitted to
MOAD by the importer; and one part is
retained by the importer.
To streamline and automate the FV–
6 filing process, in August 2008, AMS
launched its Marketing Order Online
System (MOLS), an internet-based
application, which continues to be used
today. Using MOLS, importers and
receivers complete an electronic
registration process that allows them to
utilize the system for the completion
and certification of FV–6 forms.
After registering in MOLS, and prior
to importing a commodity for an exempt
purpose, an importer electronically
completes an FV–6 form in MOLS,
certifying that the commodity will be
used in the declared exempt outlet.
After inputting the required FV–6 form
data in MOLS, an importer is able to
print a certificate for the exempt
commodity that accompanies that
shipment into the United States. Each
certificate has a unique identification
number.
The FV–6 form data input into MOLS
by an importer is accessible to the
receiver of the imported commodity as
well as to AMS. The receiver must
certify in MOLS that he or she received
the imported commodity and that it was
or will be used for the declared exempt
purpose; this certification must be
completed within two days of receipt of
the exempt commodity.
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MOAD uses MOLS to monitor
industry compliance with 8e
regulations. Using MOLS and other data
available from CBP, MOAD is able to
identify shipments that require the
submission of FV–6 forms as well as
FV–6 forms that have been initiated but
not yet completed.
The majority of all FV–6 forms are
filed electronically using MOLS.
However, MOAD continues to maintain
a supply of paper FV–6 forms for use in
those rare instances where an importer
or receiver is unable to use MOLS. In
those cases, MOAD tracks the
distribution of the paper forms by
maintaining a log of the form numbers
and the contact information of the
importers to whom the paper forms
were provided.
When MOLS was implemented in
2008, the regulations for imported fruit,
vegetable, and specialty crops were not
updated to provide for the option to
enter an FV–6 form electronically, in
addition to the paper form option.
However, in 2012, the specialty crop
safeguard regulations (§ 999.500) were
amended to include an ‘‘online’’ option
for the submission of FV–6 forms to
MOAD. This ‘‘online’’ submission
change was made in a final rule that was
published in the Federal Register on
August 27, 2012, (77 FR 51686).
This rule updates all of the safeguard
procedures in the fruit, vegetable, and
specialty crop import regulations to add
the option to file an FV–6 form
electronically (for consistency among
the three safeguard procedures, the term
‘‘online’’ in § 999.500 is changed to
‘‘electronically’’). Other changes to the
safeguard procedures include the
following clarifications and updates: (1)
A customs broker, acting as a
representative for an importer, is
considered an ‘‘importer’’; (2) both an
importer and a receiver must certify an
FV–6 form; (3) paper versus electronic
FV–6 form requirements (for example,
an importer and receiver must certify a
paper FV–6 form using a handwritten
signature, whereas certification is
automated when the form is submitted
electronically); and (4) updates to
MOAD and CBP contact information.
These changes do not add new
requirements to the regulations but are
intended to provide clarity and up-todate information.
Date and Raisin Regulation Changes
On January 16, 2009, a final rule was
published in the Federal Register (74
FR 2806) that changed, among other
things, the import regulations for dates
and raisins (§§ 999.1 and 999.300,
respectively) by replacing four
commodity-specific import exemption
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forms with the FV–6 form; specifically,
the FV–6 form replaced Date Forms No.
1 and 2 and Raisin Form Nos. 1 and 2.
In that 2009 action, the form names
were changed in the regulations;
however, the submission requirements
that were associated with the former
date- and raisin-specific forms were not
updated accordingly. As a result, the
date and raisin regulations have
continued to require that a certified FV–
6 form be submitted to MOAD by the
fifth day of the month in the month
following receipt of the exempt dates or
raisins by the receiver. This submission
requirement is associated with the forms
that were replaced in 2009 and is not
applicable to an FV–6 form. Therefore,
the old submission deadline has been
removed by this action.
In addition to removing the obsolete
exempt form submission deadline
requirement, the requirements for filing
an FV–6 form for a shipment of dates or
raisins exempted from 8e regulations
have been moved from §§ 999.1 and
999.300, respectively, to the safeguard
procedures section for specialty crops
(§ 999.500). The import regulations for
dates and raisins still reference the
types of dates and raisins that are
exempted from 8e requirements
provided that those dates and raisins
follow the safeguard procedures
contained in § 999.500.
Prior to this change, § 999.500
contained safeguard procedures for
filing an FV–6 form for walnuts, certain
types of dates, and pistachios, while the
requirements for certain other types of
dates and for raisins were contained in
the import regulations for those two
import commodities. Incorporating the
safeguard procedures for dates and
raisins into the specialty crop safeguard
procedures streamlines and
standardizes the specialty crop
regulations.
Finally, the date and raisin import
regulations are further changed to
include miscellaneous updates, such as
updating agency names, deleting
outdated references to terms no longer
applicable to the regulations, and
correcting typographical errors. These
changes are administrative in nature
and do not impose any new
requirements on importers or receivers.
International Trade Data System (ITDS)
Changing the 8e regulations to
provide for the electronic filing of an
FV–6 form supports the International
Trade Data System (ITDS), a key White
House economic initiative that has been
under development for over ten years
and is mandated for completion by
December 31, 2016 (pursuant to
Executive Order 13659, Streamlining
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15675
the Export/Import Process for America’s
Businesses, signed by President Obama
on February 19, 2014). Under ITDS, the
import and export trade will file
shipment data through an electronic
‘‘single window,’’ instead of completing
multiple paper-based forms to report the
same information to different
government agencies. ITDS will greatly
reduce the burden on America’s import
and export trade while still providing
information necessary for the United
States to ensure compliance with its
laws.
By the end of 2016, the ITDS ‘‘single
window’’ will be presented to the
import and export trade through CBP’s
Automated Commercial Environment
(ACE) platform. ACE will be the primary
system through which the global trade
community will file information about
imports and exports so that
admissibility into the U.S. may be
determined and government agencies
may monitor compliance.
Prior to the implementation of the
ITDS ‘‘single window,’’ CBP is requiring
that the 47 partnering government
agencies that are participating in the
ITDS project, including AMS, ensure
that agency regulations provide for the
electronic entry of import and/or export
information.
MOAD is currently developing a new
automated system called the
Compliance and Enforcement
Management System (CEMS) that will
interface with CBP’s ACE system in
support of ITDS. CEMS will
electronically link with the ACE system
to create a ‘‘pipeline’’ through which
data will be transmitted between MOAD
and CBP. CEMS will contain several
components, including an exempt
imported commodities module that will
replace MOLS. Until CEMS is
implemented, MOLS will continue to
allow for the electronic entry and
certification of FV–6 form data.
The revised reporting requirements
for imported commodities that are
exempt from 8e regulations will bring
the fruit, vegetable, and specialty crop
import regulations into conformance
with the current standard industry
practice of filing FV–6 forms
electronically using MOLS. This change
will also meet CBP’s requirements for
ITDS/ACE by adding the existing
electronic filing option for FV–6 forms
to the safeguard procedures in the
import regulations.
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
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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.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf. Import regulations issued under
the Act are based on those established
under Federal marketing orders.
Small agricultural service firms,
which include importers and receivers
of commodities exempt from import
regulations, are defined by the Small
Business Administration (SBA) as those
having annual receipts of less than
$7,000,000 (13 CFR 121.201). USDA
estimates that there are approximately
220 importers and receivers of
commodities that are 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 small entities.
This action adds to the import
regulations the existing option of
electronically reporting on shipments of
imported fruits, vegetables, and
specialty crops that are exempt from 8e
regulations. Importers and receivers of
exempt commodities have been filing
FV–6 forms electronically for several
years, since the implementation of
MOLS in 2008. There are an estimated
100 importers and 92 receivers of
commodities exempt from 8e
requirements who report exempt
shipment information electronically
using MOLS. During the two-year
period 2013–2014, USDA information
shows that 637,818,253 pounds of
exempt commodities were electronically
reported on 12,832 FV–6 forms. The
table below provides a breakdown of
this information by commodity:
COMMODITIES REPORTED ELECTRONICALLY AS EXEMPT FROM IMPORT REGULATIONS—2013–2014
Commodity
Pounds
Electronic
FV–6 Forms
757,939
1,029,855
511,965
360
79,858
17,959,787
46,441,261
570,971,367
65,861
33
37
14
1
3
418
1,138
11,172
16
Total ..................................................................................................................................................................
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Avocados .................................................................................................................................................................
Dates ........................................................................................................................................................................
Grapefruit .................................................................................................................................................................
Kiwifruit ....................................................................................................................................................................
Olives .......................................................................................................................................................................
Onions ......................................................................................................................................................................
Oranges ...................................................................................................................................................................
Potatoes ...................................................................................................................................................................
Tomatoes .................................................................................................................................................................
637,818,253
12,832
In comparison, USDA received only
365 paper FV–6 forms from importers
and receivers for all exempted
commodities in 2013–2014. As
mentioned earlier, the majority of FV–
6 forms are filed electronically.
This change to the import regulations
does not revise the procedures currently
used by importers and receivers to
report shipments that are exempt from
8e regulations. Most importers and
receivers already file FV–6 forms
electronically using MOLS and will
continue to do so. In the future,
importers and receivers will report these
exempt shipments electronically
through CBP’s ACE system or MOAD’s
CEMS system, which is currently under
development and will eventually
replace MOLS. This action imposes no
additional cost or burden on importers
and receivers of any size.
The current process of electronically
filing FV–6 forms streamlines business
operations, both for filers of the forms
as well as for USDA, which uses the
electronic form data to monitor
compliance with 8e regulations.
Changing the regulations to include the
current standard industry practice of
filing FV–6 forms electronically also
meets CBP’s requirement to ensure that
the regulations of those government
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agencies participating in the ITDS
project provide for an electronic data
collection. The electronic filing option
for FV–6 forms has existed for many
years, and this change aligns the
regulations with that longstanding
industry practice.
Regarding alternatives to this action,
AMS considered making no changes to
the import regulations. However, AMS
determined that the regulations should
contain complete and accurate
information about the electronic option
that is already available to importers
and receivers to file FV–6 forms. AMS
also determined that moving the
safeguard procedures for dates and
raisins exempted from 8e regulations to
the specialty crop safeguard section will
standardize the regulations, which will
benefit importers and receivers who use
these regulations. Finally, CBP is
requiring all government agencies who
are partnering with CBP on the ITDS
project (including AMS) to update their
regulations to provide for the electronic
entry of import and export shipment
data. Therefore, the alternative to not
update the regulations alternative was
rejected.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
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requirements for the FV–6 form and
imported commodities exempt from 8e
regulations were previously approved
by the Office of Management and
Budget (OMB) and assigned OMB No.
0581–0167 (Specific Commodities
Imported into the United States Exempt
From Import Regulations), effective
August 19, 2014. Administrative
modifications to the FV–6 form and the
shift of exemption authority for dates
and raisins from §§ 999.1 and 999.300,
respectively, to § 999.500, as
necessitated by this rulemaking action,
have been submitted to OMB for
approval. Because importers and
receivers of dates and raisins exempt
from import regulations will continue to
file FV–6 forms, the burden hours
associated with OMB No. 0581–0167
remain unchanged at 17,734 hours.
Should additional 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
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
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duplication by industry and public
sector agencies.
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.
In addition, USDA has not identified
any relevant Federal rules that
duplicate, overlap or conflict with this
rule.
Further, importers and receivers of
commodities exempt from 8e
regulations have been using MOLS for
more than six years to electronically
complete and certify FV–6 forms. The
import trade is also fully aware of the
ITDS initiative, which is designed to
eliminate paper-based manual processes
and replace those processes with
electronic entry methods such as the
one used to electronically file FV–6
forms.
Finally, interested persons are invited
to submit comments on this interim
rule, including the regulatory and
informational impacts of this action on
small businesses.
This rule invites comments on a
change that aligns the fruit, vegetable,
and specialty crop import regulations
with the standard practice of allowing
importers and receivers of exempt
commodities the option to submit FV–
6 forms electronically. Any comments
received will be considered prior to
finalization of this rule.
After consideration of all relevant
material presented, it is found that this
interim rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
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 does not impose
any new requirements on importers or
receivers of imported commodities; (2)
this rule clarifies, updates, and
standardizes exempt commodity formfiling requirements and related
information, which should benefit
importers and receivers; (3) the import
industry is well aware of the ITDS
initiative and its goal to streamline and
automate paper-based processes; (4)
CPB is requiring timely update of
import and export regulations to meet
the ITDS electronic entry requirement;
and (5) this rule provides a 60-day
comment period, and any comments
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received will be considered prior to
finalization of this rule.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
Limes, 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, Prunes,
Raisins, Reporting and recordkeeping
requirements, Walnuts.
For the reasons set forth in the
preamble, 7 CFR parts 944, 980, and 999
are amended as follows:
■ 1. The authority citation for 7 CFR
parts 944 and 980 continues to read as
follows:
Authority: 7 U.S.C. 601–674.
PART 944—FRUITS; IMPORT
REGULATIONS
■
2. Revise § 944.350 to read as follows:
§ 944.350 Safeguard procedures for
avocados, grapefruit, kiwifruit, olives,
oranges, prune variety plums (fresh
prunes), and table grapes, exempt from
grade, size, quality, and maturity
requirements.
(a) Each person who imports or
receives any of the commodities listed
in paragraphs (a)(1) through (5) of this
section shall file (electronically or
paper) an ‘‘Importer’s Exempt
Commodity Form’’ (FV–6) with the
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA. A ‘‘person who imports’’
may include a customs broker, acting as
an importer’s representative (hereinafter
referred to as ‘‘importer’’). A copy of the
completed form (electronic or paper)
shall be provided to the U.S. Customs
and Border Protection. If a paper form
is used, a copy of the form shall
accompany the lot to the exempt outlet
specified on the form. Any lot of any
commodity offered for inspection and,
all or a portion thereof, subsequently
imported as exempt under this
provision shall also be reported on an
FV–6 form. Such form (electronic or
paper) shall be provided to the
Marketing Order and Agreement
Division in accordance with paragraph
(d) of this section. The applicable
commodities are:
(1) Avocados, grapefruit, kiwifruit,
olives, oranges, and prune variety plums
(fresh prunes) for consumption by
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15677
charitable institutions or distribution by
relief agencies;
(2) Avocados, grapefruit, kiwifruit,
oranges, prune variety plums (fresh
prunes), and table grapes for processing;
(3) Olives for processing into oil;
(4) Grapefruit for animal feed; or
(5) Avocados for seed.
(b) Certification of exempt use. (1)
Each importer of an exempt commodity
as specified in paragraph (a) of this
section shall certify on the FV–6 form
(electronic or paper) as to the intended
exempt outlet (e.g., processing, charity,
livestock feed). If certification is made
using a paper FV–6 form, the importer
shall provide a handwritten signature
on the form.
(2) Each receiver of an exempt
commodity as specified in paragraph (a)
of this section shall also receive a copy
of the associated FV–6 form (electronic
or paper) filed by the importer. Within
two days of receipt of the exempt lot,
the receiver shall certify on the form
(electronic or paper) that such lot has
been received and will be utilized in the
exempt outlet as certified by the
importer. If certification is made using
a paper FV–6 form, the receiver shall
provide a handwritten signature on the
form.
(c) It is the responsibility of the
importer to notify the Marketing Order
and Agreement Division of any lot of
exempt commodity rejected by a
receiver, shipped to an alternative
exempt receiver, exported, or otherwise
destroyed. In such cases, a second FV–
6 form must be filed by the importer,
providing sufficient information to
determine ultimate disposition of the
exempt lot, and such disposition shall
be so certified by the final receiver.
(d) All FV–6 forms and other
correspondence regarding entry of
exempt commodities must be submitted
electronically, by mail, or by fax to the
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; telephone (202) 720–
2491; email ComplianceInfo@
ams.usda.gov; or fax (202) 720–5698.
PART 980—VEGETABLES; IMPORT
REGULATIONS
■
3. Revise § 980.501 to read as follows:
§ 980.501 Safeguard procedures for
potatoes, onions, and tomatoes exempt
from grade, size, quality, and maturity
requirements.
(a) Each person who imports or
receives any of the commodities listed
in paragraphs (a)(1) through (4) of this
section shall file (electronically or
paper) an ‘‘Importer’s Exempt
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Commodity Form’’ (FV–6) with the
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA. A ‘‘person who imports’’
may include a customs broker, acting as
an importer’s representative (hereinafter
referred to as ‘‘importer’’). A copy of the
completed form (electronic or paper)
shall be provided to the U.S. Customs
and Border Protection. If a paper form
is used, a copy of the form shall
accompany the lot to the exempt outlet
specified on the form. Any lot of any
commodity offered for inspection and,
all or a portion thereof, subsequently
imported as exempt under this
provision shall also be reported on an
FV–6 form. Such form (electronic or
paper) shall be provided to the
Marketing Order and Agreement
Division in accordance with paragraph
(d) of this section. The applicable
commodities are:
(1) Potatoes, onions or tomatoes for
consumption by charitable institutions
or distribution by relief agencies;
(2) Potatoes, onions, or tomatoes for
processing;
(3) Potatoes or onions for livestock
feed; or
(4) Pearl onions.
(b) Certification of exempt use. (1)
Each importer of an exempt commodity
as specified in paragraph (a) of this
section shall certify on the FV–6 form
(electronic or paper) as to the intended
exempt outlet (e.g., processing, charity,
livestock feed). If certification is made
using a paper FV–6 form, the importer
shall provide a handwritten signature
on the form.
(2) Each receiver of an exempt
commodity as specified in paragraph (a)
of this section shall also receive a copy
of the associated FV–6 form (electronic
or paper) filed by the importer. Within
two days of receipt of the exempt lot,
the receiver shall certify on the form
(electronic or paper) to the Marketing
Order and Agreement Division that such
lot has been received and will be
utilized in the exempt outlet as certified
by the importer. If certification is made
using a paper FV–6 form, the receiver
shall provide a handwritten signature
on the form.
(c) It is the responsibility of the
importer to notify the Marketing Order
and Agreement Division of any lot of
exempt commodity rejected by a
receiver, shipped to an alternative
exempt receiver, returned to the country
of origin, or otherwise disposed of. In
such cases, a second FV–6 form must be
filed by the importer, providing
sufficient information to determine
ultimate disposition of the exempt lot,
and such disposition shall be so
certified by the final receiver.
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Jkt 235001
(d) All FV–6 forms and other
correspondence regarding entry of
exempt commodities must be submitted
electronically, by mail, or by fax to the
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; telephone (202) 720–
2491; email ComplianceInfo@
ams.usda.gov; or fax (202) 720–5698.
PART 999—SPECIALTY CROPS;
IMPORT REGULATIONS
4. The authority citation for 7 CFR
part 999 is revised to read as follows:
■
Authority: 7 U.S.C. 601–674.
5. In § 999.1:
a. Remove paragraph (a)(7);
b. Redesignate paragraphs (a)(8)
through (10) as paragraphs (a)(7)
through (9), respectively;
■ c. Revise newly redesignated
paragraphs (a)(7) and (9);
■ d. Revise paragraph (c)(2)(vi);
■ e. Revise paragraph (d);
■ f. Revise paragraph (e);
■ g. Remove paragraphs (f) and (g); and
■ h. Redesignate paragraphs (h) through
(k) as paragraphs (f) through (i),
respectively.
The revisions read as follows:
■
■
■
§ 999.1 Regulation governing the
importation of dates.
(a) * * *
(7) USDA inspector means an
inspector of the Specialty Crops
Inspection Division, Fruit and Vegetable
Program, or any other duly authorized
employee of the USDA.
*
*
*
*
*
(9) Importation means release from
custody of United States Customs and
Border Protection.
*
*
*
*
*
(c) * * *
(2) * * *
(vi) If the lot fails to meet the import
requirements, a statement to that effect
and the reasons therefor.
(d) Exemptions. (1) Notwithstanding
any other provisions of this section, any
lot of dates for importation which in the
aggregate does not exceed 70 pounds
and any dates that are so denatured as
to render them unfit for human
consumption may be imported exempt
from the provisions of this section.
(2) The grade, size, quality, and
maturity requirements of this section
shall not apply to dates which are
donated to needy persons, prisoners, or
Native Americans on reservations; dates
for processing; or dates prepared or
preserved, but all such dates shall be
subject to the safeguard provisions
contained in § 999.500.
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Fmt 4700
Sfmt 4700
(3) Dates for packaging or dates in
retail packages that fail to meet the
grade, size, quality, and maturity
requirements of this section may be
reclassified as dates for processing for
importation, but such dates shall be
subject to the safeguard provisions
contained in § 999.500.
(e) Importation. No person may
import dates into the United States
unless he or she first files with Customs
and Border Protection at the port at
which the Customs entry is filed, as a
condition of each such importation,
either an inspection certificate or an
executed ‘‘Importer’s Exempt
Commodity Form’’ (FV–6).
*
*
*
*
*
6. In § 999.300:
a. Remove paragraphs (a)(5) and (8);
■ b. Redesignate paragraphs (a)(6) and
(a)(7) as paragraphs (a)(5) and (6),
respectively;
■ c. Revise newly redesignated
paragraphs (a)(5) and (6);
■ d. Revise the last sentence in
paragraph (c)(3); and
■ e. Revise paragraph (e)(2).
The revisions read as follows:
■
■
§ 999.300 Regulation governing
importation of raisins.
(a) * * *
(5) USDA inspector means an
inspector of the Specialty Crops
Inspection Division, Fruit and Vegetable
Program, Agricultural Marketing
Service, U.S. Department of Agriculture,
or any other duly authorized employee
of the U.S. Department of Agriculture.
(6) Importation of raisins means the
release of raisins from custody of the
U.S. Customs and Border Protection.
*
*
*
*
*
(c) * * *
(3) * * * To avoid delay in
scheduling the inspection the applicant
should make advance arrangements
with the USDA inspection office.
*
*
*
*
*
(e) * * *
(2) Any lot of raisins which does not
meet the applicable grade and size
requirements of paragraph (b) of this
section may be imported for use in the
production of alcohol, syrup for
industrial use, or any lot of raisins
which does not meet such requirements
with respect to mechanical damage or
sugaring may be imported for use in the
production of raisin paste, but all such
raisins shall be subject to the safeguard
provisions contained in § 999.500.
*
*
*
*
*
■ 7. Revise § 999.500 to read as follows:
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§ 999.500 Safeguard procedures for
walnuts, dates, pistachios, and raisins
exempt from grade, size, quality, and
maturity requirements.
(a) Each person who imports or
receives any of the commodities listed
in paragraphs (a)(1) through (4) of this
section shall file (electronically or
paper) an ‘‘Importer’s Exempt
Commodity Form’’ (FV–6) with the
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA. A ‘‘person who imports’’
may include a customs broker, acting as
an importer’s representative (hereinafter
referred to as ‘‘importer’’). A copy of the
form (electronic or paper) shall be
provided to the U.S. Customs and
Border Protection. If a paper form is
used, a copy of the form shall
accompany the lot to the exempt outlet
specified on the form. Any lot of any
commodity offered for inspection or
aflatoxin testing and, all or a portion
thereof, subsequently imported as
exempt under this provision shall also
be reported on an FV–6. Such form
(electronic or paper) shall be provided
to the Marketing Order and Agreement
Division in accordance with paragraph
(d) of this section. The applicable
commodities are:
(1) Dates which are donated to needy
persons, prisoners or Native Americans
on reservations; dates for processing;
dates prepared or preserved; or dates for
packaging or dates in retail packages
that fail to meet grade, size, quality, and
maturity requirements and are
reclassified as dates for processing;
(2) Walnuts which are: Green walnuts
(so immature that they cannot be used
for drying and sale as dried walnuts);
walnuts used in non-competitive outlets
such as use by charitable institutions,
relief agencies, governmental agencies
for school lunch programs, and
diversion to animal feed or oil
manufacture;
(3) Substandard pistachios which are
for non-human consumption purposes;
or
(4) Raisins which do not meet grade
and size requirements and are used in
the production of alcohol, or syrup for
industrial use, or which do not meet
grade requirements with respect to
mechanical damage or sugaring and are
used in the production of raisin paste.
(b) Certification of exempt use. (1)
Each importer of an exempt commodity
as specified in paragraph (a) of this
section shall certify on the FV–6 form
(electronic or paper) as to the intended
exempt outlet (e.g., processing, charity,
livestock feed). If certification is made
using a paper FV–6 form, the importer
shall provide a handwritten signature
on the form.
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17:13 Mar 24, 2015
Jkt 235001
(2) Each receiver of an exempt
commodity as specified in paragraph (a)
of this section shall also receive a copy
of the associated FV–6 form (electronic
or paper) filed by the importer. Within
two days of receipt of the exempt lot,
the receiver shall certify on the form
(electronic or paper) that such lot has
been received and will be utilized in the
exempt outlet as certified by the
importer. If certification is made using
a paper FV–6 form, the receiver shall
provide a handwritten signature on the
form.
(c) It is the responsibility of the
importer to notify the Marketing Order
and Agreement Division of any lot of
exempt commodity rejected by a
receiver, shipped to an alternative
exempt receiver, exported, or otherwise
disposed of. In such cases, a second FV–
6 form must be filed by the importer,
providing sufficient information to
determine ultimate disposition of the
exempt lot, and such disposition shall
be so certified by the final receiver.
(d) All FV–6 forms and other
correspondence regarding entry of
exempt commodities must be submitted
electronically, by mail, or by fax to the
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; telephone (202) 720–
2491; email ComplianceInfo@
ams.usda.gov; or fax (202) 720–5698.
Dated: March 17, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2015–06490 Filed 3–24–15; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
RIN 3150–AJ42
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
Underground Maximum Capacity
Canister Storage System, Certificate of
Compliance No. 1040; Correction
Nuclear Regulatory
Commission.
ACTION: Final rule; correction.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is correcting a final
rule that was published in the Federal
Register (FR) on March 6, 2015. The
final rule amends the NRC’s spent fuel
storage regulations by adding the Holtec
SUMMARY:
Frm 00015
Fmt 4700
International HI–STORM Underground
Maximum Capacity Canister Storage
System, Certificate of Compliance No.
1040, to the ‘‘List of approved spent fuel
storage casks.’’ This action is necessary
to correct the Certificate Expiration Date
from March 6, 2035, to April 6, 2035.
This correction is effective April
6, 2015.
DATES:
Please refer to Docket ID
NRC–2014–0120 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0120. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
[NRC–2014–0120]
PO 00000
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Sfmt 4700
Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–6445, email: Gregory.Trussell@
nrc.gov.
In the FR
on March 6, 2014, in FR Doc. 2015–
05238, on page 12078, second column,
under the heading ‘‘§ 72.214 List of
approved spent fuel storage casks,’’
eleventh line, the ‘‘Certificate Expiration
Date’’ of ‘‘March 6, 2035’’ is corrected to
read ‘‘April 6, 2035.’’
SUPPLEMENTARY INFORMATION:
Dated at Rockville, Maryland, this 18th day
of March 2015.
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]]>Agencies
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15673-15679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06490]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 944, 980, and 999
[Doc. No. AMS-FV-14-0093; FV15-944/980/999-1 IR]
Fruit, Vegetable, and Specialty Crops--Import Regulations;
Changes to Reporting Requirements To Add Electronic Form Filing Option
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule changes the reporting requirements for commodities
exempt from import regulations under section 608(e) (hereinafter
referred to as ``8e'') of the Agricultural Marketing Agreement Act of
1937 by adding an option to electronically file an ``Importer's Exempt
Commodity Form'' (FV-6 form). These changes are needed to bring the
import regulations into conformance with the current practice of filing
FV-6 forms electronically using the Marketing Order Online System
(MOLS), an internet-based application that was implemented in 2008.
This rule also changes the import regulations for dates and raisins by
moving the FV-6 form-filing procedures for these two commodities to the
safeguard procedure regulations for specialty crops and by making other
administrative updates. These changes to the import regulations are
also required to support the International Trade Data System (ITDS), a
key White House economic initiative that will automate the filing of
import and export information by the trade. All government agencies
that are participating in the ITDS initiative, including AMS, are
required by U.S. Customs and Border Protection (hereinafter referred to
as ``CBP'') to make updates to import and export regulations to provide
for the electronic entry of shipment data.
DATES: Effective March 30, 2015; comments received by May 26, 2015 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
[[Page 15674]]
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: Richard Lower, Senior Marketing
Specialist, or Candice Spalding, Deputy Director, Marketing Order and
Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:
(202) 720-2491, Fax: (202) 720-8938, or Email:
Richard.Lower@ams.usda.gov or Candice.Spalding@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.
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 on those imported commodities and certify whether
these requirements have been met.
Parts 944, 980, and 999 of title 7 of the Code of Federal
Regulations (CFR) specify which imported commodities 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. These parts further specify the form
importers must use to report to USDA and CBP imports of commodities
exempt from 8e regulations.
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Orders 12866, 13563, and 13175.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
There are no administrative procedures that must be exhausted prior
to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
This rule changes Sec. Sec. 944.350, 980.501, and 999.500 of the
import regulations, which specify safeguard procedures for fruits,
vegetables, and specialty crops, respectively, that are exempt from 8e
regulations. Currently, safeguard procedures exist for the following
commodities: Avocados, grapefruit, kiwifruit, fresh prunes (suspended
indefinitely in 2006), olives, oranges, table grapes, Irish potatoes,
onions, tomatoes, dates, walnuts, raisins, and pistachios.
The safeguard procedures require that importers and receivers
certify to AMS by filing an FV-6 form that an imported commodity is
sent to and used in an exempt outlet as authorized by the regulations
and as declared on the FV-6 form. Examples of authorized exempt uses
include processing, livestock feed, seed, and distribution to
charitable organizations or relief agencies. Prior to this change, the
safeguard procedures specified requirements for filing a paper copy of
an FV-6 form for an imported shipment intended for an exempted purpose,
with an ``online'' submission option also provided for in Sec.
999.500. These sections will now provide options to submit an FV-6 form
either electronically or on paper.
In addition, the three import safeguard sections have been updated
to reflect that the definition of an importer includes a customs
broker, when that broker is acting as an importer's representative, and
to clarify that both an importer and a receiver must certify an FV-6
form. Changes have also been made to update contact information (for
example, agency name, email address, etc.).
This rule also changes Sec. Sec. 999.1 and 999.300, the date and
raisin import regulations, respectively, by moving the procedures for
filing FV-6 forms for dates or raisins that are exempt from 8e
regulations from those sections to the specialty crops safeguard
procedures section (Sec. 999.500). This change makes the safeguard
regulations consistent for walnuts, dates, pistachios, and raisins that
are exempt from 8e regulations. This rule also makes minor
administrative updates and corrections to Sec. Sec. 999.1 and 999.300
(for example, updating division names and correcting typographical
errors).
Importer's Exempt Commodity Form (FV-6)
The import regulations in parts 944, 980, and 999 provide that
individual lots of some imported commodities may be exempted from 8e
requirements if those commodities are intended to be used in processing
or in some other exempted outlet, such as a charitable organization or
as livestock feed. To import exempt commodities into the United States,
importers and receivers are required to certify to USDA and CBP as to
the intended, authorized exempt use of those commodities. Certification
is reported by both importers and receivers using an FV-6 form
(``Importer's Exempt Commodity Form'').
Submission of FV-6 Form
Prior to 2008, an FV-6 form was only available in a paper format.
The paper FV-6 form is a four-part form that is used as follows: One
part is presented to CBP by the importer; one part accompanies the
import shipment to its destination, where the receiver of the shipment
certifies its receipt and submits that certified copy to AMS' Marketing
Order and Agreement Division (MOAD) for compliance purposes; one part
is submitted to MOAD by the importer; and one part is retained by the
importer.
To streamline and automate the FV-6 filing process, in August 2008,
AMS launched its Marketing Order Online System (MOLS), an internet-
based application, which continues to be used today. Using MOLS,
importers and receivers complete an electronic registration process
that allows them to utilize the system for the completion and
certification of FV-6 forms.
After registering in MOLS, and prior to importing a commodity for
an exempt purpose, an importer electronically completes an FV-6 form in
MOLS, certifying that the commodity will be used in the declared exempt
outlet. After inputting the required FV-6 form data in MOLS, an
importer is able to print a certificate for the exempt commodity that
accompanies that shipment into the United States. Each certificate has
a unique identification number.
The FV-6 form data input into MOLS by an importer is accessible to
the receiver of the imported commodity as well as to AMS. The receiver
must certify in MOLS that he or she received the imported commodity and
that it was or will be used for the declared exempt purpose; this
certification must be completed within two days of receipt of the
exempt commodity.
[[Page 15675]]
MOAD uses MOLS to monitor industry compliance with 8e regulations.
Using MOLS and other data available from CBP, MOAD is able to identify
shipments that require the submission of FV-6 forms as well as FV-6
forms that have been initiated but not yet completed.
The majority of all FV-6 forms are filed electronically using MOLS.
However, MOAD continues to maintain a supply of paper FV-6 forms for
use in those rare instances where an importer or receiver is unable to
use MOLS. In those cases, MOAD tracks the distribution of the paper
forms by maintaining a log of the form numbers and the contact
information of the importers to whom the paper forms were provided.
When MOLS was implemented in 2008, the regulations for imported
fruit, vegetable, and specialty crops were not updated to provide for
the option to enter an FV-6 form electronically, in addition to the
paper form option. However, in 2012, the specialty crop safeguard
regulations (Sec. 999.500) were amended to include an ``online''
option for the submission of FV-6 forms to MOAD. This ``online''
submission change was made in a final rule that was published in the
Federal Register on August 27, 2012, (77 FR 51686).
This rule updates all of the safeguard procedures in the fruit,
vegetable, and specialty crop import regulations to add the option to
file an FV-6 form electronically (for consistency among the three
safeguard procedures, the term ``online'' in Sec. 999.500 is changed
to ``electronically''). Other changes to the safeguard procedures
include the following clarifications and updates: (1) A customs broker,
acting as a representative for an importer, is considered an
``importer''; (2) both an importer and a receiver must certify an FV-6
form; (3) paper versus electronic FV-6 form requirements (for example,
an importer and receiver must certify a paper FV-6 form using a
handwritten signature, whereas certification is automated when the form
is submitted electronically); and (4) updates to MOAD and CBP contact
information. These changes do not add new requirements to the
regulations but are intended to provide clarity and up-to-date
information.
Date and Raisin Regulation Changes
On January 16, 2009, a final rule was published in the Federal
Register (74 FR 2806) that changed, among other things, the import
regulations for dates and raisins (Sec. Sec. 999.1 and 999.300,
respectively) by replacing four commodity-specific import exemption
forms with the FV-6 form; specifically, the FV-6 form replaced Date
Forms No. 1 and 2 and Raisin Form Nos. 1 and 2. In that 2009 action,
the form names were changed in the regulations; however, the submission
requirements that were associated with the former date- and raisin-
specific forms were not updated accordingly. As a result, the date and
raisin regulations have continued to require that a certified FV-6 form
be submitted to MOAD by the fifth day of the month in the month
following receipt of the exempt dates or raisins by the receiver. This
submission requirement is associated with the forms that were replaced
in 2009 and is not applicable to an FV-6 form. Therefore, the old
submission deadline has been removed by this action.
In addition to removing the obsolete exempt form submission
deadline requirement, the requirements for filing an FV-6 form for a
shipment of dates or raisins exempted from 8e regulations have been
moved from Sec. Sec. 999.1 and 999.300, respectively, to the safeguard
procedures section for specialty crops (Sec. 999.500). The import
regulations for dates and raisins still reference the types of dates
and raisins that are exempted from 8e requirements provided that those
dates and raisins follow the safeguard procedures contained in Sec.
999.500.
Prior to this change, Sec. 999.500 contained safeguard procedures
for filing an FV-6 form for walnuts, certain types of dates, and
pistachios, while the requirements for certain other types of dates and
for raisins were contained in the import regulations for those two
import commodities. Incorporating the safeguard procedures for dates
and raisins into the specialty crop safeguard procedures streamlines
and standardizes the specialty crop regulations.
Finally, the date and raisin import regulations are further changed
to include miscellaneous updates, such as updating agency names,
deleting outdated references to terms no longer applicable to the
regulations, and correcting typographical errors. These changes are
administrative in nature and do not impose any new requirements on
importers or receivers.
International Trade Data System (ITDS)
Changing the 8e regulations to provide for the electronic filing of
an FV-6 form supports the International Trade Data System (ITDS), a key
White House economic initiative that has been under development for
over ten years and is mandated for completion by December 31, 2016
(pursuant to Executive Order 13659, Streamlining the Export/Import
Process for America's Businesses, signed by President Obama on February
19, 2014). Under ITDS, the import and export trade will file shipment
data through an electronic ``single window,'' instead of completing
multiple paper-based forms to report the same information to different
government agencies. ITDS will greatly reduce the burden on America's
import and export trade while still providing information necessary for
the United States to ensure compliance with its laws.
By the end of 2016, the ITDS ``single window'' will be presented to
the import and export trade through CBP's Automated Commercial
Environment (ACE) platform. ACE will be the primary system through
which the global trade community will file information about imports
and exports so that admissibility into the U.S. may be determined and
government agencies may monitor compliance.
Prior to the implementation of the ITDS ``single window,'' CBP is
requiring that the 47 partnering government agencies that are
participating in the ITDS project, including AMS, ensure that agency
regulations provide for the electronic entry of import and/or export
information.
MOAD is currently developing a new automated system called the
Compliance and Enforcement Management System (CEMS) that will interface
with CBP's ACE system in support of ITDS. CEMS will electronically link
with the ACE system to create a ``pipeline'' through which data will be
transmitted between MOAD and CBP. CEMS will contain several components,
including an exempt imported commodities module that will replace MOLS.
Until CEMS is implemented, MOLS will continue to allow for the
electronic entry and certification of FV-6 form data.
The revised reporting requirements for imported commodities that
are exempt from 8e regulations will bring the fruit, vegetable, and
specialty crop import regulations into conformance with the current
standard industry practice of filing FV-6 forms electronically using
MOLS. This change will also meet CBP's requirements for ITDS/ACE by
adding the existing electronic filing option for FV-6 forms to the
safeguard procedures in the import regulations.
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
[[Page 15676]]
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. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf. Import regulations issued under
the Act are based on those established under Federal marketing orders.
Small agricultural service firms, which include importers and
receivers of commodities exempt from import regulations, are defined by
the Small Business Administration (SBA) as those having annual receipts
of less than $7,000,000 (13 CFR 121.201). USDA estimates that there are
approximately 220 importers and receivers of commodities that are
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 small entities.
This action adds to the import regulations the existing option of
electronically reporting on shipments of imported fruits, vegetables,
and specialty crops that are exempt from 8e regulations. Importers and
receivers of exempt commodities have been filing FV-6 forms
electronically for several years, since the implementation of MOLS in
2008. There are an estimated 100 importers and 92 receivers of
commodities exempt from 8e requirements who report exempt shipment
information electronically using MOLS. During the two-year period 2013-
2014, USDA information shows that 637,818,253 pounds of exempt
commodities were electronically reported on 12,832 FV-6 forms. The
table below provides a breakdown of this information by commodity:
Commodities Reported Electronically as Exempt From Import Regulations--
2013-2014
------------------------------------------------------------------------
Electronic FV-
Commodity Pounds 6 Forms
------------------------------------------------------------------------
Avocados................................ 757,939 33
Dates................................... 1,029,855 37
Grapefruit.............................. 511,965 14
Kiwifruit............................... 360 1
Olives.................................. 79,858 3
Onions.................................. 17,959,787 418
Oranges................................. 46,441,261 1,138
Potatoes................................ 570,971,367 11,172
Tomatoes................................ 65,861 16
-------------------------------
Total............................... 637,818,253 12,832
------------------------------------------------------------------------
In comparison, USDA received only 365 paper FV-6 forms from
importers and receivers for all exempted commodities in 2013-2014. As
mentioned earlier, the majority of FV-6 forms are filed electronically.
This change to the import regulations does not revise the
procedures currently used by importers and receivers to report
shipments that are exempt from 8e regulations. Most importers and
receivers already file FV-6 forms electronically using MOLS and will
continue to do so. In the future, importers and receivers will report
these exempt shipments electronically through CBP's ACE system or
MOAD's CEMS system, which is currently under development and will
eventually replace MOLS. This action imposes no additional cost or
burden on importers and receivers of any size.
The current process of electronically filing FV-6 forms streamlines
business operations, both for filers of the forms as well as for USDA,
which uses the electronic form data to monitor compliance with 8e
regulations. Changing the regulations to include the current standard
industry practice of filing FV-6 forms electronically also meets CBP's
requirement to ensure that the regulations of those government agencies
participating in the ITDS project provide for an electronic data
collection. The electronic filing option for FV-6 forms has existed for
many years, and this change aligns the regulations with that
longstanding industry practice.
Regarding alternatives to this action, AMS considered making no
changes to the import regulations. However, AMS determined that the
regulations should contain complete and accurate information about the
electronic option that is already available to importers and receivers
to file FV-6 forms. AMS also determined that moving the safeguard
procedures for dates and raisins exempted from 8e regulations to the
specialty crop safeguard section will standardize the regulations,
which will benefit importers and receivers who use these regulations.
Finally, CBP is requiring all government agencies who are partnering
with CBP on the ITDS project (including AMS) to update their
regulations to provide for the electronic entry of import and export
shipment data. Therefore, the alternative to not update the regulations
alternative was rejected.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements for the FV-6 form
and imported commodities exempt from 8e regulations were previously
approved by the Office of Management and Budget (OMB) and assigned OMB
No. 0581-0167 (Specific Commodities Imported into the United States
Exempt From Import Regulations), effective August 19, 2014.
Administrative modifications to the FV-6 form and the shift of
exemption authority for dates and raisins from Sec. Sec. 999.1 and
999.300, respectively, to Sec. 999.500, as necessitated by this
rulemaking action, have been submitted to OMB for approval. Because
importers and receivers of dates and raisins exempt from import
regulations will continue to file FV-6 forms, the burden hours
associated with OMB No. 0581-0167 remain unchanged at 17,734 hours.
Should additional 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 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
[[Page 15677]]
duplication by industry and public sector agencies.
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.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap or conflict with this rule.
Further, importers and receivers of commodities exempt from 8e
regulations have been using MOLS for more than six years to
electronically complete and certify FV-6 forms. The import trade is
also fully aware of the ITDS initiative, which is designed to eliminate
paper-based manual processes and replace those processes with
electronic entry methods such as the one used to electronically file
FV-6 forms.
Finally, interested persons are invited to submit comments on this
interim rule, including the regulatory and informational impacts of
this action on small businesses.
This rule invites comments on a change that aligns the fruit,
vegetable, and specialty crop import regulations with the standard
practice of allowing importers and receivers of exempt commodities the
option to submit FV-6 forms electronically. Any comments received will
be considered prior to finalization of this rule.
After consideration of all relevant material presented, it is found
that this interim rule, as hereinafter set forth, will tend to
effectuate the declared policy of the Act.
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 does not impose any new requirements on
importers or receivers of imported commodities; (2) this rule
clarifies, updates, and standardizes exempt commodity form-filing
requirements and related information, which should benefit importers
and receivers; (3) the import industry is well aware of the ITDS
initiative and its goal to streamline and automate paper-based
processes; (4) CPB is requiring timely update of import and export
regulations to meet the ITDS electronic entry requirement; and (5) this
rule provides a 60-day comment period, and any comments received will
be considered prior to finalization of this rule.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, 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, Prunes,
Raisins, Reporting and recordkeeping requirements, Walnuts.
For the reasons set forth in the preamble, 7 CFR parts 944, 980,
and 999 are amended as follows:
0
1. The authority citation for 7 CFR parts 944 and 980 continues to read
as follows:
Authority: 7 U.S.C. 601-674.
PART 944--FRUITS; IMPORT REGULATIONS
0
2. Revise Sec. 944.350 to read as follows:
Sec. 944.350 Safeguard procedures for avocados, grapefruit,
kiwifruit, olives, oranges, prune variety plums (fresh prunes), and
table grapes, exempt from grade, size, quality, and maturity
requirements.
(a) Each person who imports or receives any of the commodities
listed in paragraphs (a)(1) through (5) of this section shall file
(electronically or paper) an ``Importer's Exempt Commodity Form'' (FV-
6) with the Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA. A ``person who imports'' may include a customs
broker, acting as an importer's representative (hereinafter referred to
as ``importer''). A copy of the completed form (electronic or paper)
shall be provided to the U.S. Customs and Border Protection. If a paper
form is used, a copy of the form shall accompany the lot to the exempt
outlet specified on the form. Any lot of any commodity offered for
inspection and, all or a portion thereof, subsequently imported as
exempt under this provision shall also be reported on an FV-6 form.
Such form (electronic or paper) shall be provided to the Marketing
Order and Agreement Division in accordance with paragraph (d) of this
section. The applicable commodities are:
(1) Avocados, grapefruit, kiwifruit, olives, oranges, and prune
variety plums (fresh prunes) for consumption by charitable institutions
or distribution by relief agencies;
(2) Avocados, grapefruit, kiwifruit, oranges, prune variety plums
(fresh prunes), and table grapes for processing;
(3) Olives for processing into oil;
(4) Grapefruit for animal feed; or
(5) Avocados for seed.
(b) Certification of exempt use. (1) Each importer of an exempt
commodity as specified in paragraph (a) of this section shall certify
on the FV-6 form (electronic or paper) as to the intended exempt outlet
(e.g., processing, charity, livestock feed). If certification is made
using a paper FV-6 form, the importer shall provide a handwritten
signature on the form.
(2) Each receiver of an exempt commodity as specified in paragraph
(a) of this section shall also receive a copy of the associated FV-6
form (electronic or paper) filed by the importer. Within two days of
receipt of the exempt lot, the receiver shall certify on the form
(electronic or paper) that such lot has been received and will be
utilized in the exempt outlet as certified by the importer. If
certification is made using a paper FV-6 form, the receiver shall
provide a handwritten signature on the form.
(c) It is the responsibility of the importer to notify the
Marketing Order and Agreement Division of any lot of exempt commodity
rejected by a receiver, shipped to an alternative exempt receiver,
exported, or otherwise destroyed. In such cases, a second FV-6 form
must be filed by the importer, providing sufficient information to
determine ultimate disposition of the exempt lot, and such disposition
shall be so certified by the final receiver.
(d) All FV-6 forms and other correspondence regarding entry of
exempt commodities must be submitted electronically, by mail, or by fax
to the Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington,
DC 20250-0237; telephone (202) 720-2491; email
ComplianceInfo@ams.usda.gov; or fax (202) 720-5698.
PART 980--VEGETABLES; IMPORT REGULATIONS
0
3. Revise Sec. 980.501 to read as follows:
Sec. 980.501 Safeguard procedures for potatoes, onions, and tomatoes
exempt from grade, size, quality, and maturity requirements.
(a) Each person who imports or receives any of the commodities
listed in paragraphs (a)(1) through (4) of this section shall file
(electronically or paper) an ``Importer's Exempt
[[Page 15678]]
Commodity Form'' (FV-6) with the Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA. A ``person who
imports'' may include a customs broker, acting as an importer's
representative (hereinafter referred to as ``importer''). A copy of the
completed form (electronic or paper) shall be provided to the U.S.
Customs and Border Protection. If a paper form is used, a copy of the
form shall accompany the lot to the exempt outlet specified on the
form. Any lot of any commodity offered for inspection and, all or a
portion thereof, subsequently imported as exempt under this provision
shall also be reported on an FV-6 form. Such form (electronic or paper)
shall be provided to the Marketing Order and Agreement Division in
accordance with paragraph (d) of this section. The applicable
commodities are:
(1) Potatoes, onions or tomatoes for consumption by charitable
institutions or distribution by relief agencies;
(2) Potatoes, onions, or tomatoes for processing;
(3) Potatoes or onions for livestock feed; or
(4) Pearl onions.
(b) Certification of exempt use. (1) Each importer of an exempt
commodity as specified in paragraph (a) of this section shall certify
on the FV-6 form (electronic or paper) as to the intended exempt outlet
(e.g., processing, charity, livestock feed). If certification is made
using a paper FV-6 form, the importer shall provide a handwritten
signature on the form.
(2) Each receiver of an exempt commodity as specified in paragraph
(a) of this section shall also receive a copy of the associated FV-6
form (electronic or paper) filed by the importer. Within two days of
receipt of the exempt lot, the receiver shall certify on the form
(electronic or paper) to the Marketing Order and Agreement Division
that such lot has been received and will be utilized in the exempt
outlet as certified by the importer. If certification is made using a
paper FV-6 form, the receiver shall provide a handwritten signature on
the form.
(c) It is the responsibility of the importer to notify the
Marketing Order and Agreement Division of any lot of exempt commodity
rejected by a receiver, shipped to an alternative exempt receiver,
returned to the country of origin, or otherwise disposed of. In such
cases, a second FV-6 form must be filed by the importer, providing
sufficient information to determine ultimate disposition of the exempt
lot, and such disposition shall be so certified by the final receiver.
(d) All FV-6 forms and other correspondence regarding entry of
exempt commodities must be submitted electronically, by mail, or by fax
to the Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington,
DC 20250-0237; telephone (202) 720-2491; email
ComplianceInfo@ams.usda.gov; or fax (202) 720-5698.
PART 999--SPECIALTY CROPS; IMPORT REGULATIONS
0
4. The authority citation for 7 CFR part 999 is revised to read as
follows:
Authority: 7 U.S.C. 601-674.
0
5. In Sec. 999.1:
0
a. Remove paragraph (a)(7);
0
b. Redesignate paragraphs (a)(8) through (10) as paragraphs (a)(7)
through (9), respectively;
0
c. Revise newly redesignated paragraphs (a)(7) and (9);
0
d. Revise paragraph (c)(2)(vi);
0
e. Revise paragraph (d);
0
f. Revise paragraph (e);
0
g. Remove paragraphs (f) and (g); and
0
h. Redesignate paragraphs (h) through (k) as paragraphs (f) through
(i), respectively.
The revisions read as follows:
Sec. 999.1 Regulation governing the importation of dates.
(a) * * *
(7) USDA inspector means an inspector of the Specialty Crops
Inspection Division, Fruit and Vegetable Program, or any other duly
authorized employee of the USDA.
* * * * *
(9) Importation means release from custody of United States Customs
and Border Protection.
* * * * *
(c) * * *
(2) * * *
(vi) If the lot fails to meet the import requirements, a statement
to that effect and the reasons therefor.
(d) Exemptions. (1) Notwithstanding any other provisions of this
section, any lot of dates for importation which in the aggregate does
not exceed 70 pounds and any dates that are so denatured as to render
them unfit for human consumption may be imported exempt from the
provisions of this section.
(2) The grade, size, quality, and maturity requirements of this
section shall not apply to dates which are donated to needy persons,
prisoners, or Native Americans on reservations; dates for processing;
or dates prepared or preserved, but all such dates shall be subject to
the safeguard provisions contained in Sec. 999.500.
(3) Dates for packaging or dates in retail packages that fail to
meet the grade, size, quality, and maturity requirements of this
section may be reclassified as dates for processing for importation,
but such dates shall be subject to the safeguard provisions contained
in Sec. 999.500.
(e) Importation. No person may import dates into the United States
unless he or she first files with Customs and Border Protection at the
port at which the Customs entry is filed, as a condition of each such
importation, either an inspection certificate or an executed
``Importer's Exempt Commodity Form'' (FV-6).
* * * * *
0
6. In Sec. 999.300:
0
a. Remove paragraphs (a)(5) and (8);
0
b. Redesignate paragraphs (a)(6) and (a)(7) as paragraphs (a)(5) and
(6), respectively;
0
c. Revise newly redesignated paragraphs (a)(5) and (6);
0
d. Revise the last sentence in paragraph (c)(3); and
0
e. Revise paragraph (e)(2).
The revisions read as follows:
Sec. 999.300 Regulation governing importation of raisins.
(a) * * *
(5) USDA inspector means an inspector of the Specialty Crops
Inspection Division, Fruit and Vegetable Program, Agricultural
Marketing Service, U.S. Department of Agriculture, or any other duly
authorized employee of the U.S. Department of Agriculture.
(6) Importation of raisins means the release of raisins from
custody of the U.S. Customs and Border Protection.
* * * * *
(c) * * *
(3) * * * To avoid delay in scheduling the inspection the applicant
should make advance arrangements with the USDA inspection office.
* * * * *
(e) * * *
(2) Any lot of raisins which does not meet the applicable grade and
size requirements of paragraph (b) of this section may be imported for
use in the production of alcohol, syrup for industrial use, or any lot
of raisins which does not meet such requirements with respect to
mechanical damage or sugaring may be imported for use in the production
of raisin paste, but all such raisins shall be subject to the safeguard
provisions contained in Sec. 999.500.
* * * * *
0
7. Revise Sec. 999.500 to read as follows:
[[Page 15679]]
Sec. 999.500 Safeguard procedures for walnuts, dates, pistachios, and
raisins exempt from grade, size, quality, and maturity requirements.
(a) Each person who imports or receives any of the commodities
listed in paragraphs (a)(1) through (4) of this section shall file
(electronically or paper) an ``Importer's Exempt Commodity Form'' (FV-
6) with the Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA. A ``person who imports'' may include a customs
broker, acting as an importer's representative (hereinafter referred to
as ``importer''). A copy of the form (electronic or paper) shall be
provided to the U.S. Customs and Border Protection. If a paper form is
used, a copy of the form shall accompany the lot to the exempt outlet
specified on the form. Any lot of any commodity offered for inspection
or aflatoxin testing and, all or a portion thereof, subsequently
imported as exempt under this provision shall also be reported on an
FV-6. Such form (electronic or paper) shall be provided to the
Marketing Order and Agreement Division in accordance with paragraph (d)
of this section. The applicable commodities are:
(1) Dates which are donated to needy persons, prisoners or Native
Americans on reservations; dates for processing; dates prepared or
preserved; or dates for packaging or dates in retail packages that fail
to meet grade, size, quality, and maturity requirements and are
reclassified as dates for processing;
(2) Walnuts which are: Green walnuts (so immature that they cannot
be used for drying and sale as dried walnuts); walnuts used in non-
competitive outlets such as use by charitable institutions, relief
agencies, governmental agencies for school lunch programs, and
diversion to animal feed or oil manufacture;
(3) Substandard pistachios which are for non-human consumption
purposes; or
(4) Raisins which do not meet grade and size requirements and are
used in the production of alcohol, or syrup for industrial use, or
which do not meet grade requirements with respect to mechanical damage
or sugaring and are used in the production of raisin paste.
(b) Certification of exempt use. (1) Each importer of an exempt
commodity as specified in paragraph (a) of this section shall certify
on the FV-6 form (electronic or paper) as to the intended exempt outlet
(e.g., processing, charity, livestock feed). If certification is made
using a paper FV-6 form, the importer shall provide a handwritten
signature on the form.
(2) Each receiver of an exempt commodity as specified in paragraph
(a) of this section shall also receive a copy of the associated FV-6
form (electronic or paper) filed by the importer. Within two days of
receipt of the exempt lot, the receiver shall certify on the form
(electronic or paper) that such lot has been received and will be
utilized in the exempt outlet as certified by the importer. If
certification is made using a paper FV-6 form, the receiver shall
provide a handwritten signature on the form.
(c) It is the responsibility of the importer to notify the
Marketing Order and Agreement Division of any lot of exempt commodity
rejected by a receiver, shipped to an alternative exempt receiver,
exported, or otherwise disposed of. In such cases, a second FV-6 form
must be filed by the importer, providing sufficient information to
determine ultimate disposition of the exempt lot, and such disposition
shall be so certified by the final receiver.
(d) All FV-6 forms and other correspondence regarding entry of
exempt commodities must be submitted electronically, by mail, or by fax
to the Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington,
DC 20250-0237; telephone (202) 720-2491; email
ComplianceInfo@ams.usda.gov; or fax (202) 720-5698.
Dated: March 17, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-06490 Filed 3-24-15; 8:45 am]
BILLING CODE P
