Fruit, Vegetable, and Specialty Crops-Import Regulations; Changes to Reporting Requirements To Add Electronic Form Filing Option, 36465-36467 [2015-15386]
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36465
Rules and Regulations
Federal Register
Vol. 80, No. 122
Thursday, June 25, 2015
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 Parts 944, 980, and 999
[Doc. No. AMS–FV–14–0093; FV15–944/980/
999–1 FIR]
Fruit, Vegetable, and Specialty Crops—
Import Regulations; Changes to
Reporting Requirements To Add
Electronic Form Filing Option
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that changed 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 were 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. The
interim rule also changed 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 were 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,
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SUMMARY:
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13:54 Jun 24, 2015
Jkt 235001
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 June 29, 2015.
FOR FURTHER INFORMATION CONTACT:
Richard Lower, Senior Compliance and
Enforcement Specialist, or Vincent
Fusaro, Compliance and Enforcement
Branch Chief, 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 VincentJ.Fusaro@
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.
In an interim rule published in the
Federal Register on March 25, 2015,
and effective on March 30, 2015 (80 FR
15673, Doc. No. AMS–FV–14–0093,
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
FV15–944/980/999–1 IR), §§ 944.350,
980.501, and 999.500 of the import
regulations were changed to allow for
the electronic filing of an ‘‘Importer’s
Exempt Commodity Form’’ (FV–6 form).
Changes were also made to these three
import safeguard sections 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.
Additionally, changes were made in
these three sections to update AMS
contact information. The interim rule
also changed §§ 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). Finally, the interim rule
also made minor administrative updates
and corrections to §§ 999.1 and 999.300,
such as updating AMS division names
and correcting typographical errors.
The Department of Agriculture
(USDA) is issuing this final rule in
conformance with Executive Orders
12866, 13563, and 13175.
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform, and 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.
Final 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 final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
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.
E:\FR\FM\25JNR1.SGM
25JNR1
36466
Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations
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 continues in effect an
interim rule that added 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
did not revise the procedures currently
used by importers and receivers to
report shipments that are exempt from
8e regulations. Most importers and
receivers were already filing 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 change imposed 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
met 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 aligned the
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13:54 Jun 24, 2015
Jkt 235001
regulations with that longstanding
industry practice.
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 §§ 999.1 and 999.300,
respectively, to § 999.500, as
necessitated by the interim 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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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
final 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.
Comments on the interim rule were
required to be received on or before May
26, 2015. No comments were received.
Therefore, for the reasons given in the
interim rule, we are adopting the
interim rule as a final rule, without
change.
To view the interim rule, go to:
https://www.regulations.gov/
#!documentDetail;D=AMS-FV-14-00930001.
This action also affirms information
contained in the interim rule concerning
E:\FR\FM\25JNR1.SGM
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Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations
Executive Orders 12866, 12988, 13175,
and 13563; the Paperwork Reduction
Act (44 U.S.C. Chapter 35); and the
E-Gov Act (44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (80 FR 15673, March 25, 2015)
will tend to effectuate the declared
policy of the Act.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
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.
Accordingly, the interim rule that
amended 7 CFR parts 944, 980, and 999
that was published at 80 FR 15673 on
March 25, 2015, is adopted as a final
rule, without change.
Dated: June 18, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2015–15386 Filed 6–24–15; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0261]
RIN 3150–AJ50
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.,
MAGNASTOR® System; Certificate of
Compliance No. 1031, Amendment
No. 5
Nuclear Regulatory
Commission.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is confirming the
effective date of June 29, 2015, for the
direct final rule that was published in
the Federal Register on April 15, 2015.
This direct final rule amended the
NRC’s spent fuel storage regulations by
revising the NAC International, Inc.,
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SUMMARY:
VerDate Sep<11>2014
13:54 Jun 24, 2015
Jkt 235001
MAGNASTOR® System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 5 to
Certificate of Compliance (CoC) No.
1031. Amendment No. 5 makes
numerous changes to the Technical
Specifications (TSs) including adding a
new damaged fuel assembly, revising
the maximum or minimum enrichments
for three fuel assembly designs, adding
four-zone preferential loading for
pressurized-water reactor fuel
assemblies and increasing the maximum
dose rates in limiting condition for
operation (LCO) 3.3.1, and other
editorial changes to Appendices A and
B of the TSs.
DATES: Effective Date: The effective date
of June 29, 2015, for the direct final rule
published April 15, 2015 (80 FR 20149),
is confirmed.
ADDRESSES: Please refer to Docket ID
NRC–2014–0261 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly-available information
related to this action by any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0261. 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. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in the SUPPLEMENTARY
INFORMATION section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O–1F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Solomon Sahle, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
36467
301–415–3781; email: Solomon.Sahle@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
On April 15, 2015 (80 FR 20149), the
NRC published a direct final rule
amending its regulations in § 72.214 of
Title 10 of the Code of Federal
Regulations (10 CFR) by revising the
NAC International, Inc., MAGNASTOR®
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 5 to CoC No.
1031. Amendment No. 5 makes
numerous changes to the TSs including
adding a new damaged fuel assembly,
revising the maximum or minimum
enrichments for three fuel assembly
designs, adding four-zone preferential
loading for pressurized-water reactor
fuel assemblies and increasing the
maximum dose rates in LCO 3.3.1, and
other editorial changes to Appendices A
and B of the TSs.
II. Public Comments on the Companion
Proposed Rule
In the direct final rule, the NRC stated
that if no significant adverse comments
were received, the direct final rule
would become effective on June 29,
2015. The NRC received two identical
public comments from private citizens
on the companion proposed rule (80 FR
20171). Electronic copies of these
comments can be obtained from the
Federal rulemaking Web site, https://
www.regulations.gov, by searching for
Docket ID NRC–2014–0261. The
comments also are available in ADAMS
under Accession No. ML15147A691.
For the reasons discussed in more detail
in Section III, ‘‘Public Comment
Analysis,’’ of this document, none of the
comments received are considered
significant adverse comments.
III. Public Comment Analysis
The NRC received two identical
comments from private citizens on the
proposed rule. As explained in the April
15, 2015, direct final rule (80 FR 20149),
the NRC would withdraw the direct
final rule only if it received a
‘‘significant adverse comment.’’ This is
a comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Rules and Regulations]
[Pages 36465-36467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15386]
========================================================================
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. 80, No. 122 / Thursday, June 25, 2015 / Rules
and Regulations
[[Page 36465]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 944, 980, and 999
[Doc. No. AMS-FV-14-0093; FV15-944/980/999-1 FIR]
Fruit, Vegetable, and Specialty Crops--Import Regulations;
Changes to Reporting Requirements To Add Electronic Form Filing Option
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that changed 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
were 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. The interim rule also changed 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 were 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 June 29, 2015.
FOR FURTHER INFORMATION CONTACT: Richard Lower, Senior Compliance and
Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement
Branch Chief, 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
VincentJ.Fusaro@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.
In an interim rule published in the Federal Register on March 25,
2015, and effective on March 30, 2015 (80 FR 15673, Doc. No. AMS-FV-14-
0093, FV15-944/980/999-1 IR), Sec. Sec. 944.350, 980.501, and 999.500
of the import regulations were changed to allow for the electronic
filing of an ``Importer's Exempt Commodity Form'' (FV-6 form). Changes
were also made to these three import safeguard sections 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.
Additionally, changes were made in these three sections to update AMS
contact information. The interim rule also changed 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). Finally, the
interim rule also made minor administrative updates and corrections to
Sec. Sec. 999.1 and 999.300, such as updating AMS division names and
correcting typographical errors.
The Department of Agriculture (USDA) is issuing this final rule in
conformance with Executive Orders 12866, 13563, and 13175.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform, and 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.
Final 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 final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. 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.
[[Page 36466]]
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 continues in effect an interim rule that added 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 did not revise the procedures
currently used by importers and receivers to report shipments that are
exempt from 8e regulations. Most importers and receivers were already
filing 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 change imposed 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 met 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 aligned the regulations with that
longstanding industry practice.
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 the interim
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 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 final 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.
Comments on the interim rule were required to be received on or
before May 26, 2015. No comments were received. Therefore, for the
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0093-0001.
This action also affirms information contained in the interim rule
concerning
[[Page 36467]]
Executive Orders 12866, 12988, 13175, and 13563; the Paperwork
Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C.
101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (80 FR 15673, March 25, 2015) will tend to effectuate
the declared policy of the Act.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, 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.
Accordingly, the interim rule that amended 7 CFR parts 944, 980,
and 999 that was published at 80 FR 15673 on March 25, 2015, is adopted
as a final rule, without change.
Dated: June 18, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-15386 Filed 6-24-15; 8:45 am]
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