Changes to Reporting Requirements-Vegetable and Specialty Crop Import Regulations; and Other Clarifying Changes-Fruit, Vegetable, and Specialty Crop Import Regulations, 87849-87856 [2016-29016]
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87849
Proposed Rules
Federal Register
Vol. 81, No. 234
Tuesday, December 6, 2016
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 944, 980, and 999
[Doc. No. AMS–SC–16–0064; SC16–980–1
PR]
Changes to Reporting Requirements—
Vegetable and Specialty Crop Import
Regulations; and Other Clarifying
Changes—Fruit, Vegetable, and
Specialty Crop Import Regulations
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
change the reporting requirements for
certain Irish potatoes, tomatoes, and
onions regulated under § 608(e) of the
Agricultural Marketing Agreement Act
of 1937 (section 8e of the Act) by
requiring importers of those regulated
commodities that have been certified by
a designated governmental inspection
service other than the Federal or
Federal-State Inspection Service as
meeting 8e requirements to provide the
inspection certificate number and a
copy of the certificate to AMS
(currently, the Canadian Food
Inspection Agency is the only entity so
designated). In addition, the pistachio
import regulations would be changed to
provide for the electronic filing of
aflatoxin test results and to eliminate a
requirement to report the disposition of
reworked or failed lots of pistachios.
Other changes would be made to several
of the 8e regulations to remove or
replace outdated information. These
changes would allow AMS to confirm
that section 8e regulatory requirements
are being met and would also 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.
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SUMMARY:
Comments must be received by
January 5, 2017.
DATES:
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Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
Internet: https://www.regulations.gov. All
comments should reference the
document number and the date and
page number of this issue of the Federal
Register and will be made available for
public inspection in the Office of the
Docket Clerk during regular business
hours, or can be viewed at: https://
www.regulations.gov. All comments
submitted in response to this proposal
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Shannon Ramirez, Compliance and
Enforcement Specialist, or Vincent
Fusaro, Compliance and Enforcement
Branch Chief, Specialty Crops Program,
AMS, USDA; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Shannon.Ramirez@ams.usda.gov or
VincentJ.Fusaro@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@ams.usda.gov.
This
proposed 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 to certify
SUPPLEMENTARY INFORMATION:
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whether those requirements have been
met.
Parts 944, 980, and 999 of title 7 of the
Code of Federal Regulations (CFR)
specify inspection, certification, and
reporting requirements for imported
commodities regulated under 8e,
including the governmental inspection
services that are authorized to perform
certification.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
12866, 13563, and 13175.
This proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed 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 proposal invites comments on
revisions to the reporting requirements
for certain Irish potatoes, tomatoes, and
onions regulated under part 980, the
vegetable import regulations. This
proposal would require importers of
those regulated commodities that have
been certified by a designated
governmental inspection service other
than the Federal or Federal-State
Inspection Service as meeting 8e
requirements to electronically enter the
inspection certificate number and
upload an electronic copy of the
certificate to AMS. Currently, the
Canadian Food Inspection Agency
(CFIA) is the only designated nonFederal/Federal-State Inspection
Service; therefore, references to the
reporting requirement proposed in this
rule will hereinafter be described as
‘‘CFIA’’ or ‘‘Canadian’’ inspection
certificates and/or inspection
information.
In the event an importer was unable
to enter the CFIA inspection
information electronically, he or she
would be required to provide a copy of
the certificate to AMS via email, mail,
or facsimile.
In addition, this rule proposes
changes to two pistachio import
reporting requirements in § 999.600 of
the specialty crop import regulations:
the Imported Pistachios—Lot
Notification report (form FV–249) and
the Imported Pistachios—Rework and
Failed Lot Disposition report (form FV–
251). Both forms have been previously
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approved for use by the Office of
Management and Budget (OMB) under
OMB No. 0581–0215, Pistachios Grown
in California, Arizona, and New Mexico
(although these two forms are included
in the OMB information collection for
the domestic pistachio marketing order,
they are used strictly for reporting
related to imported pistachios). The
pistachio regulations currently require
that USDA or USDA-accredited
laboratories complete a form FV–249 for
all lots of imported pistachios that fail
to meet aflatoxin requirements and
submit the form to USDA, CBP, and the
importer who requested the aflatoxin
test. The regulations also require that
importers of pistachios complete and
submit to USDA and CBP a form FV–
251 for lots that fail to meet aflatoxin
requirements when the lots are
reworked for further testing or, when
not reworked, are exported, sold for
non-human consumption, or destroyed.
Under this proposal, the form FV–249
would be submitted electronically, and
the regulations would require the
reporting of all aflatoxin test results
(both ‘‘meets’’ and ‘‘fails’’) to USDA.
AMS has confirmed with CBP that it
does not need to receive the FV–249,
and importers already receive ‘‘meets’’
and ‘‘fails’’ test results from the
laboratories in the form of aflatoxin test
certificates; therefore, the laboratories
would electronically submit this form
only to USDA. Importers would no
longer be required to submit the form
FV–251 because AMS has determined
that information provided on this form
is available from other sources. AMS
will consider in the future if the FV–251
should be extracted from the
information collection. Providing for
electronic submission of the FV–249
and removing the requirement that
importers submit the FV–251 would
support the ITDS initiative by
streamlining processes and reducing the
burden on America’s import trade
without compromising AMS’s ability to
ensure compliance with its import
regulations.
This proposed rule would also make
other changes to the fruit, vegetable, and
specialty crop import regulations in
§§ 944.400, 944.401, 980.1, 980.117,
980.212, 999.1, 999.100, 999.300, and
999.400. These changes, which include
updating agency and program names
and contact information, and removing
or updating other information that is out
of date, would help ensure the import
regulations contain accurate information
and align with the ITDS objective of
streamlining import processes for the
trade.
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Certification by Canadian Food
Inspection Agency (CFIA)
In part 980, the following sections
prescribe the grade, size, quality, and
maturity requirements for imported
vegetable commodities that are
regulated under section 8e of the Act:
§ 980.1(b) for potatoes, § 980.117(b) for
onions, and § 980.212(b) for tomatoes.
Further, the following sections in part
980 specify the governmental inspection
services that are designated to certify
that grade, size, quality, and maturity
requirements of the commodities have
been met: § 980.1(f) for potatoes,
§ 980.117(e) for onions, and § 980.212(e)
for tomatoes. Part 980 also specifies that
an inspection certificate issued by a
designated government inspection
service certifying that the potatoes,
onions, and tomatoes meet the import
requirements is required for all imports
(§§ 980.1(g), 980.117(f), and 980.212(f)
for potatoes, onions, and tomatoes,
respectively).
As noted above, the vegetable import
regulations specify those domestic and
foreign government inspection services
that are designated to certify that
imported potatoes, onions, and tomatoes
meet grade, size, quality, and maturity
requirements. Currently, the only
foreign designated governmental
inspection service is the Canadian Food
Inspection Agency (CFIA).
When importers have potatoes,
onions, or tomatoes inspected in Canada
prior to import into the United States,
an inspection certificate is provided to
the importer that certifies that the
commodity meets section 8e import
requirements. These certificates are
comprised of various formats, including
a Certificate of Inspection for Fresh
Fruits and Vegetables—Shipping Point
(also known as E2 and E3 forms) and an
Export Document for C–PIQ
Establishments—Fresh Fruits and
Vegetables (also known as a C–PIQ
form). CFIA issues C–PIQ forms to C–
PIQ establishments that meet the
requirements defined within the CFIA
quality assurance program known as
‘‘Canadian Partners in Quality’’ (C–PIQ).
The C–PIQ program is applicable to
potatoes only (i.e., not onions or
tomatoes). All of these certificates
contain similar information as required
by the vegetable import regulations,
including the date of inspection, the
name of the shipper, the commodity
inspected, the quantity of the
commodity covered by the certificate,
and a statement indicating that the
commodity meets the import
requirements of section 8e of the Act.
Currently, Canadian certificates that
certify that potatoes, onions, and
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tomatoes meet 8e requirements are
presented to the United States Customs
and Border Protection (CBP) at the
United States/Canadian border, prior to
entry into the United States. AMS
conducts periodic reviews at CFIA
offices and potato handling facilities in
various Canadian provinces during
which inspectors from AMS’s Specialty
Crops Inspection (SCI) Division, as well
as Compliance and Enforcement
Specialists from AMS’s Marketing Order
and Agreement Division (MOAD),
observe inspection processes and review
records at traditional shipping points
and maintained under the C–PIQ
program for potatoes exported from
Canada to the United States. However,
importers are not currently required to
submit copies of the Canadian E2, E3, or
C–PIQ certificates or otherwise provide
proof of Canadian inspection to AMS.
Electronic Entry of Canadian Certificate
Information in the Automated
Commercial Environment (ACE)
The United States Customs and
Border Protection’s (CBP) Automated
Commercial Environment (ACE) is the
primary system through which the
global trade community electronically
files information about imports and
exports so that admissibility into the
United States may be determined and
government agencies may monitor
compliance. ACE is the platform that
provides a ‘‘single window’’ through
which the global trade community
electronically files shipment data,
instead of completing or submitting
paper-based forms to report the same
information to different government
agencies. This ‘‘single window’’ concept
is a key component of the International
Trade Data System (ITDS), a 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; 79 FR 10657).
ITDS is designed to greatly reduce the
burden on America’s import and export
trade while still providing information
to government agencies that is necessary
for the United States to ensure
compliance with its laws.
In conjunction with the full
implementation of the ITDS ‘‘single
window,’’ CBP is requiring that
government agencies participating in
the ITDS project, including AMS,
ensure that regulations provide for the
electronic entry of import and/or export
information.
AMS has developed and deployed a
new automated system called the
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Compliance and Enforcement
Management System (CEMS) that
interfaces with CBP’s ACE system in
support of ITDS. CEMS electronically
links with the ACE system to create a
‘‘pipeline’’ through which data is
transmitted between MOAD and CBP.
CEMS validates information
electronically entered by importers in
ACE and transmits messages to CBP
about whether a shipment may be
released for importation into the United
States.
AMS has determined that the changes
to the vegetable import regulations
proposed in this rule meet CBP’s
requirements for ITDS by providing for
the electronic entry in ACE of
certification information for potatoes,
onions, and tomatoes inspected by CFIA
prior to import into the United States.
This data would be transmitted from
CBP’s ACE to AMS’s CEMS, where it
would be electronically validated. Upon
validation, CEMS would transmit an
electronic message back to ACE
indicating the shipment is cleared for
import into the United States. The
proposed changes to the vegetable
import regulations would automate and
streamline the entry and reporting
process for importers while enhancing
AMS’s ability to ensure compliance
with its import regulations.
These proposed changes would also
provide an option for importers to
provide AMS with a paper copy of a
CFIA certificate, via email, mail, or
facsimile, in the event an importer is
unable to electronically provide the
required certificate number and image
in ACE.
Imported Pistachio Regulation
Reporting Changes
The pistachio import regulations
provide that each pistachio sample
drawn and prepared for aflatoxin testing
by a USDA-authorized inspector be
submitted to a USDA or USDAaccredited laboratory for analysis
(§ 999.600(e)). Lots that fail to meet the
aflatoxin requirements currently must
be reported by the laboratories to USDA,
CBP, and the importer using an
Imported Pistachios—Failed Lot
Notification report (form FV–249),
pursuant to §§ 999.600(e), (g) and (h).
Importers are also currently required to
report the disposition of reworked and
failed lots to USDA and CBP using an
Imported Pistachios—Rework and
Failed Lot Disposition report (form FV–
251), pursuant to §§ 999.600(g) and (h).
Both the FV–249 and FV–251 are paper
forms.
Section 999.600(f) provides that the
laboratories provide an aflatoxin
inspection certificate to importers that
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contains, among other things, a
statement as to whether the lot meets or
fails the import requirements under
section 8e of the Act. Thus, all aflatoxin
test results are provided to importers by
the testing laboratories.
Section 999.600 would be revised by
changing the reporting requirements for
laboratories (form FV–249) and
importers (form FV–251). USDA and
USDA-accredited laboratories currently
submit a paper form FV–249 to USDA,
CBP, and an importer when a lot fails
to meet the aflatoxin requirements of the
pistachio import regulations. The testing
laboratories are now meeting this
requirement and are also voluntarily
providing information to USDA about
lots that meet aflatoxin requirements; in
other words, the laboratories are
providing all aflatoxin test results to
USDA, not just failed lot notifications.
Importers currently complete and
submit to USDA and CBP a paper form
FV–251 to report the disposition of
reworked or failed lots.
To streamline the regulations and
eliminate the paper-based reporting
process, AMS would convert the
existing FV–249 to an electronic format.
The electronic format would provide for
the laboratories to report all aflatoxin
test results to AMS, in line with the
current practice. USDA’s Science and
Technology Program approves and
accredits laboratories to perform
chemical analyses of pistachios for
aflatoxin content. The regulations
would require accredited laboratories to
submit aflatoxin test results to AMS
using the electronic form FV–249, and
USDA laboratories would also use the
electronic form FV–249 to submit test
results to AMS. AMS has determined
that CBP does not require this test result
information, and the laboratories
already provide importers with
certificates for all aflatoxin tests;
therefore, the laboratories would be
required to electronically submit the
FV–249 to only USDA and not to CBP
or importers.
In addition to the changes to
laboratory-reporting requirements,
§ 999.600 would be revised to remove
the requirement that importers report
the disposition of reworked or failed
lots to USDA and CBP using the
Imported Pistachios—Rework and
Failed Lot Disposition report (form FV–
251). When this form was included in
a proposed rule published in the
Federal Register on October 11, 2011
(76 FR 65411) and implemented in a
final rule published in the Federal
Register on August 27, 2012 (77 FR
51686), AMS believed that the most
effective way to ensure compliance with
the rework and failed lot disposition
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requirements of the pistachio import
regulations was to require importers to
submit the form FV–251 with details
about reworked, exported, sold for nonhuman consumption, or destroyed lots.
Since that time, however, AMS has
determined that the information
provided on this form is available from
other sources (for example, destruction
information is available from AMS’s
Specialty Crops Inspection Division) or
requires additional follow up with an
importer. The requirements for rework
and final disposition of failed lots is not
changing; only the reporting associated
with these requirements is changing.
The proposal to remove the requirement
that importers use the paper form FV–
251 would support the full
implementation of ITDS by streamlining
processes and reducing the burden on
importers while allowing AMS to
continue to ensure compliance with
import regulations. AMS will consider
proposing removal of the form FV–251
from the information collection during
the next renewal of the forms package.
Accordingly, §§ 999.600(e), (g), and
(h) would be revised to reflect the
changes to reporting noted above.
Other Changes
To further ensure that the fruit,
vegetable, and specialty crop import
regulations provide accurate
information to the import trade and in
furtherance of streamlining processes in
support of ITDS, the following changes
would be made:
Contact information for inspection
offices and ports of entry, and references
to importers making various advance
arrangements for inspection services
would be revised or removed from the
fruit import regulations at §§ 944.400(a)
(designated inspection services and
procedures), 944.401(c) (olives); the
vegetable import regulations at
§§ 980.1(g)(1)(ii) (potatoes), 980.117(f)(3)
(onions); 980.212(f)(3) (tomatoes); and
in the specialty crop regulations at
§§ 999.1(c)(1) (dates), 999.100(c)(4)
(walnuts), 999.300(c)(3) (raisins), and
999.400(c)(2) (filberts). The contact
information for individual inspection
offices and ports of entry is currently
out of date in many of these sections.
Under ITDS, importers will
electronically file initial requests for
inspection (SC–357, Initial Inspection
Request for Regulated Import
Commodities), which will alert the
appropriate inspection office and CBP
that a regulated commodity will be
arriving that will require inspection at
the port of entry or at another location.
This electronic process will provide the
needed advance notice to the inspection
service. AMS’s Specialty Crops
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Inspection (SCI) Division intends to
amend its inspection application
regulations (7 CFR parts 51 and 52) to
provide for the electronic filing of the
initial request for inspection, thereby
meeting CBP’s requirement that the
regulations of agencies participating in
ITDS be revised to provide for electronic
filing of shipment entry data. This
proposed rule would add contact
information (address, telephone
number, and facsimile numbers) for the
main SCI office in Washington, DC, in
the event importers need any
information about inspection services.
This change would also make the fruit,
vegetable, and specialty crop regulations
more current and consistent.
Proposed administrative changes
would include updating the USDA
agency and program names in
§§ 944.400(a) (designated inspection
services and procedures) and
944.401(a)(5) and (c) (olives) in the fruit
import regulations; 980.1(f) (potatoes),
980.117(e) (onions), and 980.212(e)
(tomatoes) in the vegetable import
regulations; and 999.600(h) (pistachios)
in the specialty crop import regulations.
Additionally, the word ‘‘nectarines’’
would be removed from § 944.400(a)
(designated inspection services and
procedures) of the fruit import
regulations. Nectarines were regulated
in the past but are not currently
regulated under the fruit import
regulations and should not, therefore, be
listed in this section.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this initial regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Small agricultural service firms,
which includes importers, are defined
by the Small Business Administration
(SBA) as those having annual receipts of
less than $7,500,000 (13 CFR 121.201).
This proposed action would change
the import regulations for potatoes,
onions, and tomatoes by requiring
importers to enter the certificate number
and upload an electronic image of the
certificate for those shipments certified
by CFIA as meeting 8e requirements
into CBP’s ACE system, for transmission
to AMS, prior to import into the United
States. If an importer is unable to
provide this information electronically
in ACE, a copy of the certificate would
have to accompany the shipment at
entry into the United States, and the
importer would also have to submit a
copy of the certificate to AMS via email,
mail, or facsimile.
Based on 2015 information from CBP,
USDA estimates there are 25 importers
of potatoes from Canada, 13 importers of
onions from Canada, and 12 importers
of tomatoes from Canada. Although
USDA has limited access to data about
the business sizes of these importers, it
is likely that the majority may be
classified as small entities.
According to data from CBP and
USDA’s Foreign Agricultural Service
(FAS), USDA estimates that in 2015,
there were 894,945,959 pounds of
potatoes, onions, and tomatoes that
were subject to 8e regulations that were
imported from Canada into the U.S. The
table below provides a breakdown of
this information by commodity:
VEGETABLES REGULATED UNDER SECTION 8e—IMPORTED FROM CANADA IN 2015
Number
of entries
Commodity
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Potatoes ...........................................................................................................................................................
Onions ..............................................................................................................................................................
Tomatoes .........................................................................................................................................................
Currently, importers of Canadian
potatoes, onions, and tomatoes that are
certified by CFIA as meeting 8e
requirements are not required to provide
AMS with proof of this certification.
The proposed change to require
electronic entry of a CFIA certificate
number and an electronic copy of the
certificate through ACE would provide
importers with an automated method of
submitting this information to AMS at
the same time they are electronically
entering information about the shipment
as required by other agencies, such as
CBP. This electronic filing option
should streamline business operations,
both for importers of these commodities
and for USDA, which would use the
electronically submitted data to monitor
compliance with 8e regulations.
Electronic submission of this certificate
information would meet CBP’s
requirement to ensure that the
regulations of those government
agencies participating in the ITDS
project, such as AMS, provide for the
electronic submission of required data.
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This change would create a minimal
burden on importers while providing
AMS with the ability to properly
monitor imported vegetable shipments
for compliance with the import
regulations.
In the event an importer would be
unable to electronically provide the
required certificate number and
electronic copy of the certificate in ACE,
this proposed change would require that
a paper copy of the CFIA certificate
accompany the shipment at entry and
would also provide for the submission
of a copy of the certificate to AMS via
email, mail, or facsimile.
This proposed action would also
change the pistachio import regulations
by modifying the reporting requirements
for USDA or USDA-accredited
laboratories that perform chemical
analyses of aflatoxin levels in imported
pistachios. The regulations would
require these laboratories to submit all
aflatoxin test results to USDA instead of
only the results of failed lots; however,
the laboratories are already voluntarily
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20,146
13,591
634
Weight
in pounds
728,594,707
158,918,237
7,333,015
providing all test results to AMS. AMS
reports that most of the aflatoxin
chemical analyses are performed by the
USDA Science and Technology Program
laboratory in Blakely, Georgia, which is
not subject to RFA analysis.
There are currently nine USDAaccredited laboratories that perform
chemical analyses on aflatoxin levels for
imported pistachios to determine if they
meet 8e requirements. Although USDA
does not have access to data about the
business sizes of these laboratories, it is
likely that the majority may be classified
as large entities.
USDA’s Foreign Agricultural Service
(FAS) estimates that in 2015, 2,743,823
pounds of pistachios (shelled and
inshell) were imported into the United
States. According to FAS data, most of
those pistachios were imported from
Turkey, with additional imported
pistachios coming from other countries
that include Canada, Italy, the United
Kingdom, Greece, Thailand, and
Germany. For those pistachios imported
in 2015, AMS received 8 failed lot
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notifications from two of the USDAaccredited laboratories, as required by
the regulations, and voluntarily received
notifications from four of the USDAaccredited laboratories that 54 lots met
8e aflatoxin level requirements. The
total test results received in 2015 (62)
divided among the nine USDAaccredited labs would average 7 test
results per year for each USDAaccredited laboratory. Because the
laboratories currently provide AMS
with both ‘‘meets’’ and ‘‘fails’’ aflatoxin
test results, there is not expected to be
any additional cost as a result of this
action.
Regarding alternatives to this action,
AMS determined that these changes to
the regulations are needed to comply
with the ITDS mandate and to provide
AMS with information it requires to
ensure compliance with its regulations.
As noted earlier, CBP is requiring all
government agencies who are partnering
with CBP on the ITDS initiative
(including AMS) to update their
regulations to provide for the electronic
entry of import and export shipment
data. Providing for the entry of
certificate information in ACE for
potatoes, onions, and tomatoes imported
from Canada that have been certified by
CFIA as meeting 8e requirements
enhances AMS’s ability to monitor
compliance while also meeting the
objectives of ITDS to streamline
processes for the import trade. In
addition, changing the pistachio
regulations by revising the reporting
requirements would streamline the
regulations and reduce the burden on
the trade. The other changes proposed
in this action would also provide the
import trade with accurate information.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), AMS considered the
information collection requirements
necessary for importers to electronically
submit CFIA’s inspection certificates
and certificate numbers, and it was
deemed not to place an additional
paperwork burden on importers. No
changes in the information collection
requirements for the vegetable import
regulations are necessary as a result of
this action. Should any changes become
necessary, they would be submitted to
OMB for approval.
The information collection
requirements for the form FV–249 (for
imported pistachios) have been
previously approved by OMB and
assigned OMB No. 0581–0215
(Pistachios Grown in California,
Arizona, and New Mexico). As noted
earlier, form FV–249 is contained
within the OMB information collection
for the domestic pistachio marketing
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17:00 Dec 05, 2016
Jkt 241001
order but is used strictly for imported
pistachios.
AMS has submitted a request to OMB
to make changes to the information
collection currently approved under
OMB No. 0581–0215, which was last
renewed in 2014, by providing for the
electronic submission of form FV–249;
renaming the existing form Notification
of Aflatoxin Levels to reflect the
inclusion of all aflatoxin test results;
and relaxing the submission
requirements so that laboratories submit
the form to only USDA, eliminating the
need to also submit the form to CBP and
importers. There are currently nine
USDA-accredited laboratories that could
potentially submit all aflatoxin test
results to USDA instead of only failed
test results using the FV–249. As a
result, the number of respondents is
changing from 7 to 9, the estimated
number of responses per respondent is
increasing from 4 to 7, and the annual
burden hours is increasing from 5.6
hours to 12.6 hours. These changes have
been included in AMS’s request to OMB
to revise this information collection.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this proposed rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Rick Lower at
the previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate because (1) the import
industry is fully aware of ITDS and its
goal to streamline and automate paperbased processes and has attended
annual ITDS Trade Support Network
plenary sessions conducted by the U.S.
government over the past few years; (2)
USDA and USDA-accredited
laboratories are already voluntarily
providing all imported pistachio
aflatoxin test results to USDA; and (3)
CPB is requiring the timely update of
import and export regulations to meet
the ITDS electronic data submission
requirement. All written comments
timely received will be considered
before a final determination is made on
this matter.
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87853
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
Olives, Oranges.
7 CFR Part 980
Food grades and standards, Imports,
Marketing agreements, Onions, Potatoes,
Tomatoes.
7 CFR Part 999
Dates, Filberts, Food grades and
standards, Imports, Nuts, Pistachios,
Prunes, Raisins, Reporting and
recordkeeping requirements, Walnuts.
For the reasons set forth in the
preamble, 7 CFR parts 944, 980, and 999
are proposed to be amended as follows:
■ 1. The authority citation for 7 CFR
parts 944, 980, and 999 continues to
read as follows:
Authority: 7 U.S.C. 601–674.
PART 944—FRUITS; IMPORT
REGULATIONS
■
2. Revise § 944.400 to read as follows:
§ 944.400 Designated inspection services
and procedure for obtaining inspection and
certification of imported avocados,
grapefruit, kiwifruit, oranges, prune variety
plums (fresh prunes), and table grapes
regulated under section 8e of the
Agricultural Marketing Agreement Act of
1937, as amended.
(a) The Federal or Federal-State
Inspection Service, Specialty Crops
Program, Agricultural Marketing
Service, United States Department of
Agriculture is hereby designated as the
governmental inspection service for the
purpose of certifying the grade, size,
quality, and maturity of avocados,
grapefruit, oranges, prune variety plums
(fresh prunes), and table grapes that are
imported into the United States.
Agriculture and Agri-Food Canada is
also designated as a governmental
inspection service for the purpose of
certifying grade, size, quality and
maturity of prune variety plums (fresh
prunes) only. Inspection by the Federal
or Federal-State Inspection Service or
the Agriculture and Agri-Food Canada,
with appropriate evidence thereof in the
form of an official inspection certificate,
issued by the respective services,
applicable to the particular shipment of
the specified fruit, is required on all
imports. Inspection and certification by
the Federal or Federal-State Inspection
Service will be available upon
application in accordance with the
Regulations Governing Inspection,
Certification and Standards for Fresh
Fruits, Vegetables, and Other Products
(7 CFR part 51). For further information
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules
about Federal or Federal-State
inspection services, contact Specialty
Crops Inspection Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW., STOP 0240,
Washington, DC 20250–0237; telephone
(202) 720–5870; fax (202) 720–0393.
*
*
*
*
*
■ 3. In § 944.401, revise paragraphs
(a)(5) and (c) to read as follows:
mstockstill on DSK3G9T082PROD with PROPOSALS
§ 944.401
Olive Regulation 1.
(a) * * *
(5) USDA Inspector means an
inspector of the Specialty Crops
Inspection Division, Specialty Crops
Program, Agricultural Marketing
Service, U.S. Department of Agriculture,
or any other duly authorized employee
of the Department.
*
*
*
*
*
(c) The Specialty Crops Inspection
Division, Specialty Crops Program,
Agricultural Marketing Service, U.S.
Department of Agriculture, is hereby
designated as the governmental
inspection service for the purpose of
certifying the grade and size of
processed olives from imported bulk
lots for use in canned ripe olives and
the grade and size of imported canned
ripe olives. Inspection by said
inspection service with appropriate
evidence thereof in the form of an
official inspection certificate, issued by
the service and applicable to the
particular lot of olives, is required. With
respect to imported bulk olives,
inspection and certification shall be
completed prior to use as packaged ripe
olives. With respect to canned ripe
olives, inspection and certification shall
be completed prior to importation. Any
lot of olives which fails to meet the
import requirements and is not being
imported for purposes of contribution to
a charitable organization or processing
into oil may be exported or disposed of
under the supervision of the Specialty
Crops Inspection Division, Specialty
Crops Program, AMS, USDA, with the
cost of certifying the disposal borne by
the importer. Such inspection and
certification services will be available,
upon application, in accordance with
the applicable regulations governing the
inspection and certification of Processed
Fruits and Vegetables, Processed
Products Thereof, and Certain Other
Processed Food Products (part 52 of this
title). * For questions about inspection
services or for further assistance,
contact: Specialty Crops Inspection
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, Room 1536–S, STOP 0240,
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17:00 Dec 05, 2016
Jkt 241001
Washington, DC 20250–0237; telephone
(202) 720–5870; fax (202) 720–0393.
*
*
*
*
*
PART 980—VEGETABLES; IMPORT
REGULATIONS
4. In § 980.1, revise paragraphs (f),
(g)(1)(i), and (g)(1)(ii) to read as follows:
■
§ 980.1
Import regulations; Irish potatoes.
*
*
*
*
*
(f) Designation of governmental
inspection services. The Federal or
Federal-State Inspection Service,
Specialty Crops Program, Agricultural
Marketing Service, U.S. Department of
Agriculture, and the Food of Plant
Origin Division, Plant Products
Directorate, Canadian Food Inspection
Agency, are hereby designated as
governmental inspection services for the
purpose of certifying the grade, size,
quality, and maturity of Irish potatoes
that are imported, or to be imported,
into the United States under the
provisions of § 608e of the Act.
(g) * * *
(1)(i) Inspection and certification by
the Federal or Federal-State Inspection
Service will be available and performed
in accordance with the rules and
regulations governing certification of
fresh fruits, vegetables, and other
products (part 51 of this title), and each
lot shall be made available and
accessible for inspection as provided
therein. Cost of inspection and
certification shall be borne by the
applicant. For questions about
inspection services or for further
assistance, contact: Specialty Crops
Inspection Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW., Room
1536–S, STOP 0240, Washington, DC
20250–0237; telephone (202) 720–5870;
fax (202) 720–0393.
(ii) If certification is provided by a
designated governmental inspection
service other than the Federal or
Federal-State Inspection Service, in
accordance with 980.1(f), an importer
shall electronically transmit to USDA,
prior to entry, the certificate number
and an electronic image of the certificate
using the U.S. Customs and Border
Protection’s Automated Commercial
Environment system. If this information
is not provided electronically prior to
entry, a paper copy of the certificate
must accompany the shipment at the
time of entry, and a copy of the
certificate must be submitted by email,
mail, or fax to the Marketing Order and
Agreement Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW., STOP 0237,
Washington, DC 20250–0237; telephone
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Frm 00006
Fmt 4702
Sfmt 4702
(202) 720–2491; email ComplianceInfo@
ams.usda.gov; or fax (202) 720–5698.
*
*
*
*
*
■ 5. In § 980.117, revise paragraphs (e),
(f)(2), and (f)(3) to read as follows:
§ 980.117
Import regulations; onions.
*
*
*
*
*
(e) Designation of governmental
inspection service. The Federal or
Federal-State Inspection Service,
Specialty Crops Program, Agricultural
Marketing Service, U.S. Department of
Agriculture, and the Food of Plant
Origin Division, Plant Products
Directorate, Canadian Food Inspection
Agency, are hereby designated as
governmental inspection services for the
purpose of certifying the grade, size,
quality, and maturity of onions that are
imported, or to be imported, into the
United States under the provisions of
section 8e of the Act.
(f) * * *
(2) Inspection and certification by the
Federal or Federal-State Inspection
Service will be available and performed
in accordance with the rules and
regulations governing certification of
fresh fruits, vegetables and other
products (7 CFR part 51). Each lot shall
be made available and accessible for
inspection as provided therein. Cost of
inspection and certification shall be
borne by the applicant. For questions
about inspection services or for further
assistance, contact: Specialty Crops
Inspection Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, Room 1536–
S, STOP 0240, Washington, DC 20250–
0237; telephone (202) 720–5870; fax
(202) 720–0393.
(3) If certification is provided by a
designated governmental inspection
service other than the Federal or
Federal-State Inspection Service, in
accordance with 980.117(e), an importer
shall electronically transmit to USDA,
prior to entry, the certificate number
and an electronic image of the certificate
using the U.S. Customs and Border
Protection’s Automated Commercial
Environment system. If this information
is not provided electronically prior to
entry, a paper copy of the certificate
must accompany the shipment at the
time of entry, and a copy of the
certificate must be submitted by email,
mail, or fax to the Marketing Order and
Agreement Division, Specialty Crops
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.
*
*
*
*
*
■ 6. In § 980.212, revise paragraphs (e),
(f)(2), and (f)(3) to read as follows:
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules
§ 980.212
Import regulations; tomatoes.
mstockstill on DSK3G9T082PROD with PROPOSALS
*
PART 999—SPECIALTY CROPS;
IMPORT REGULATIONS
§ 999.100
[Amended].
7. In § 999.100, amend paragraph
(c)(4) by removing the last sentence.
■
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17:00 Dec 05, 2016
Jkt 241001
8. In § 999.300, revise paragraph (c)(3)
to read as follows:
■
*
*
*
*
(e) Designation of governmental
inspection service. The Federal or
Federal-State Inspection Service,
Specialty Crops Program, Agricultural
Marketing Service, U.S. Department of
Agriculture, and the Food of Plant
Origin Division, Plant Products
Directorate, Canadian Food Inspection
Agency, are hereby designated as
governmental inspection services for the
purpose of certifying the grade, size,
quality, and maturity of tomatoes that
are imported, or to be imported, into the
United States under the provisions of
section 8e of the Act.
(f) * * *
(2) Inspection and certification by the
Federal or Federal-State Inspection
Service will be available and performed
in accordance with the rules and
regulations governing certification of
fresh fruits, vegetables and other
products (7 CFR part 51). Each lot shall
be made available and accessible for
inspection as provided therein. Cost of
inspection and certification shall be
borne by the applicant. For questions
about inspection services or for further
assistance, contact: Specialty Crops
Inspection Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW., Room
1536–S, STOP 0240, Washington, DC
20250–0237; telephone (202) 720–5870;
fax (202) 720–0393.
(3) If certification is provided by a
designated governmental inspection
service other than the Federal or
Federal-State Inspection Service, in
accordance with 980.212(e), an importer
shall electronically transmit to USDA,
prior to entry, the certificate number
and an electronic image of the certificate
using the U.S. Customs and Border
Protection’s Automated Commercial
Environment system. If this information
is not provided electronically prior to
entry, a paper copy of the certificate
must accompany the shipment at the
time of entry, and a copy of the
certificate must be submitted by email,
mail, or fax to the Marketing Order and
Agreement Division, Specialty Crops
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.
*
*
*
*
*
§ 999.300 Regulation governing
importation of raisins.
*
*
*
*
*
(c) * * *
(3) Whenever raisins are offered for
inspection, the applicant shall furnish
any labor and pay any costs incurred in
moving and opening containers as may
be necessary for proper sampling and
inspection. The applicant shall also
furnish the USDA inspector the entry
number and such other identifying
information for each lot as the inspector
may request.
*
*
*
*
*
■ 9. In § 999.400, revise paragraph (c)(2)
to read as follows:
§ 999.400 Regulation governing the
importation of filberts.
*
*
*
*
*
(c) * * *
(2) Inspection. Inspection shall be
performed by USDA inspectors in
accordance with the Regulations
Governing the Inspection and
Certification of Fresh Fruits and
Vegetables and Related Products (7 CFR
part 51). The cost of each such
inspection and related certification shall
be borne by the applicant. Whenever
filberts are offered for inspection, the
applicant shall furnish any labor and
pay any costs incurred in moving and
opening containers as may be necessary
for proper sampling and inspection. The
applicant shall also furnish the USDA
inspector the entry number and such
other identifying information for each
lot as the inspector may request.
Inspection must be completed prior to
the importation of filberts.
*
*
*
*
*
■ 10. Amend § 999.600 by:
■ a. Revising paragraphs (e)(2) and
(e)(3);
■ b. Revising paragraph (g);
■ c. Redesignating paragraph (h)(1) as
(h) and revising newly redesignated
paragraph (h); and
■ d. Removing paragraph (h)(2).
The revisions to read as follows:
§ 999.600 Regulation governing the
importation of pistachios.
*
*
*
*
*
(e) * * *
(2) Lots that require a single test
sample will be certified as ‘‘negative’’
on the aflatoxin inspection certificate if
the sample has an aflatoxin level at or
below 15 ppb. If the aflatoxin level is
above 15 ppb, the lot fails. The
laboratory shall electronically submit
the results to USDA (Form FV–249) as
described in paragraph (h) of this
section.
PO 00000
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Fmt 4702
Sfmt 4702
87855
(3) Lots that require two test samples
will be certified as ‘‘negative’’ on the
aflatoxin inspection certificate if Test
Sample #1 has an aflatoxin level at or
below 10 ppb. If the aflatoxin level of
Test Sample #1 is above 20 ppb, the lot
fails and the laboratory shall
electronically submit the results to
USDA (Form FV–249) as described in
paragraph (h) of this section. If the
aflatoxin level of Test Sample #1 is
above 10 ppb and at or below 20 ppb,
the laboratory may, at the importer’s
discretion, analyze Test Sample #2 and
average the test results of Test Samples
#1 and #2. Alternately, the importer
may elect to withdraw the lot from
testing, rework the lot, and resubmit it
for testing after reworking. If the
importer directs the laboratory to
proceed with the analysis of Test
Sample #2, a lot will be certified as
negative to aflatoxin and the laboratory
shall issue an aflatoxin inspection
certificate if the averaged result of Test
Samples #1 and #2 is at or below 15
ppb. If the average aflatoxin level of Test
Samples #1 and #2 is above 15 ppb, the
lot fails. The laboratory shall
electronically submit the results to
USDA (Form FV–249) as described in
paragraph (h) of this section.
*
*
*
*
*
(g) Failed lots/rework procedure. Any
lot or portion thereof that fails to meet
the import requirements prior to or after
reconditioning may be exported, sold
for non-human consumption, or
disposed of under the supervision the
Federal or Federal-State Inspection
Programs, with the costs of certifying
the disposal of such lot paid by the
importer.
(1) Inshell rework procedure for
aflatoxin. If inshell rework is selected as
a remedy to meet the aflatoxin
requirements of this part, then 100
percent of the product within that lot
shall be removed from the bulk and/or
retail packaging containers and
reworked to remove the portion of the
lot that caused the failure. Reworking
shall consist of mechanical, electronic,
or manual procedures normally used in
the handling of pistachios. The
reworked lot shall be sampled and
tested for aflatoxin as specified in
paragraphs (d) and (e) of this section,
except that the lot sample size and the
test sample size shall be doubled. If,
after the lot has been reworked and
tested, it fails the aflatoxin test for a
second time, the lot may be shelled and
the kernels reworked, sampled, and
tested in the manner specified for an
original lot of kernels, or the failed lot
may be exported, used for non-human
consumption, or otherwise disposed of.
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules
(2) Kernel rework procedure for
aflatoxin. If pistachio kernel rework is
selected as a remedy to meet the
aflatoxin requirements of this part, then
100 percent of the product within that
lot shall be removed from the bulk and/
or retail packaging containers and
reworked to remove the portion of the
lot that caused the failure. Reworking
shall consist of mechanical, electronic,
or manual procedures normally used in
the handling of pistachios. The
reworked lot shall be sampled and
tested for aflatoxin as specified in
paragraphs (d) and (e) of this section.
(3) Failed lot reporting. If a lot fails to
meet the aflatoxin requirements of this
part, the testing laboratory shall
electronically submit the results to
USDA (Form FV–249) as described in
paragraph (h) of this section within 10
working days of the test failure. This
information must be submitted each
time a lot fails aflatoxin testing.
(h) Reports and Recordkeeping. Form
FV–249, Notification of Aflatoxin
Levels. Each USDA or USDA-accredited
laboratory shall notify the Marketing
Order and Agreement Division,
Specialty Crops Program, AMS, USDA
of all aflatoxin test results for all lots by
electronically submitting this form
within 10 days of testing.
*
*
*
*
*
Dated: November 29, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–29016 Filed 12–5–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2016–9320; Airspace
Docket No. 15–AWP–2]
Proposed Establishment of Class E
Airspace, Weed, CA
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
mstockstill on DSK3G9T082PROD with PROPOSALS
AGENCY:
This action proposes to
establish Class E airspace extending
upward from 700 feet above the surface
at Weed Airport, Weed, CA, to support
the development of Instrument Flight
Rules (IFR) operations under standard
instrument approach and departure
procedures at the airport, and for the
safety and management of IFR
SUMMARY:
VerDate Sep<11>2014
17:00 Dec 05, 2016
Jkt 241001
operations within the National Airspace
System.
DATES: Comments must be received on
or before January 20, 2017.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: 1–
800–647–5527, or (202) 366–9826. You
must identify FAA Docket No. FAA–
2016–9320; Airspace Docket No. 15–
AWP–2, at the beginning of your
comments. You may also submit
comments through the Internet at https://
www.regulations.gov. You may review
the public docket containing the
proposal, any comments received, and
any final disposition in person in the
Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays.
FAA Order 7400.11A, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_traffic/
publications/. For further information,
you can contact the Airspace Policy
Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC, 20591;
telephone: 202–267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11A at NARA, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT: Tom
Clark, Federal Aviation Administration,
Operations Support Group, Western
Service Center, 1601 Lind Avenue SW.,
Renton, WA 98057; telephone (425)
203–4511.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part, A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
establish controlled airspace at Weed
Airport, Weed, CA.
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Persons wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2016–9320/Airspace
Docket No. 15–AWP–2.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 1601 Lind
Avenue SW., Renton, WA 98057.
E:\FR\FM\06DEP1.SGM
06DEP1
]]>Agencies
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Proposed Rules]
[Pages 87849-87856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29016]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 /
Proposed Rules
[[Page 87849]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 944, 980, and 999
[Doc. No. AMS-SC-16-0064; SC16-980-1 PR]
Changes to Reporting Requirements--Vegetable and Specialty Crop
Import Regulations; and Other Clarifying Changes--Fruit, Vegetable, and
Specialty Crop Import Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would change the reporting requirements for
certain Irish potatoes, tomatoes, and onions regulated under Sec.
608(e) of the Agricultural Marketing Agreement Act of 1937 (section 8e
of the Act) by requiring importers of those regulated commodities that
have been certified by a designated governmental inspection service
other than the Federal or Federal-State Inspection Service as meeting
8e requirements to provide the inspection certificate number and a copy
of the certificate to AMS (currently, the Canadian Food Inspection
Agency is the only entity so designated). In addition, the pistachio
import regulations would be changed to provide for the electronic
filing of aflatoxin test results and to eliminate a requirement to
report the disposition of reworked or failed lots of pistachios. Other
changes would be made to several of the 8e regulations to remove or
replace outdated information. These changes would allow AMS to confirm
that section 8e regulatory requirements are being met and would also
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.
DATES: Comments must be received by January 5, 2017.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. All
comments should reference the document number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours, or can be viewed at: https://www.regulations.gov. All
comments submitted in response to this proposal will be included in the
record and will be made available to the public. Please be advised that
the identity of the individuals or entities submitting the comments
will be made public on the Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Shannon Ramirez, Compliance and
Enforcement Specialist, or Vincent Fusaro, Compliance and Enforcement
Branch Chief, Specialty Crops Program, AMS, USDA; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Shannon.Ramirez@ams.usda.gov or
VincentJ.Fusaro@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491,
Fax: (202) 720-8938, or Email: Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This proposed 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 to certify
whether those requirements have been met.
Parts 944, 980, and 999 of title 7 of the Code of Federal
Regulations (CFR) specify inspection, certification, and reporting
requirements for imported commodities regulated under 8e, including the
governmental inspection services that are authorized to perform
certification.
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 12866, 13563, and 13175.
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This proposed 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 proposal invites comments on revisions to the reporting
requirements for certain Irish potatoes, tomatoes, and onions regulated
under part 980, the vegetable import regulations. This proposal would
require importers of those regulated commodities that have been
certified by a designated governmental inspection service other than
the Federal or Federal-State Inspection Service as meeting 8e
requirements to electronically enter the inspection certificate number
and upload an electronic copy of the certificate to AMS. Currently, the
Canadian Food Inspection Agency (CFIA) is the only designated non-
Federal/Federal-State Inspection Service; therefore, references to the
reporting requirement proposed in this rule will hereinafter be
described as ``CFIA'' or ``Canadian'' inspection certificates and/or
inspection information.
In the event an importer was unable to enter the CFIA inspection
information electronically, he or she would be required to provide a
copy of the certificate to AMS via email, mail, or facsimile.
In addition, this rule proposes changes to two pistachio import
reporting requirements in Sec. 999.600 of the specialty crop import
regulations: the Imported Pistachios--Lot Notification report (form FV-
249) and the Imported Pistachios--Rework and Failed Lot Disposition
report (form FV-251). Both forms have been previously
[[Page 87850]]
approved for use by the Office of Management and Budget (OMB) under OMB
No. 0581-0215, Pistachios Grown in California, Arizona, and New Mexico
(although these two forms are included in the OMB information
collection for the domestic pistachio marketing order, they are used
strictly for reporting related to imported pistachios). The pistachio
regulations currently require that USDA or USDA-accredited laboratories
complete a form FV-249 for all lots of imported pistachios that fail to
meet aflatoxin requirements and submit the form to USDA, CBP, and the
importer who requested the aflatoxin test. The regulations also require
that importers of pistachios complete and submit to USDA and CBP a form
FV-251 for lots that fail to meet aflatoxin requirements when the lots
are reworked for further testing or, when not reworked, are exported,
sold for non-human consumption, or destroyed.
Under this proposal, the form FV-249 would be submitted
electronically, and the regulations would require the reporting of all
aflatoxin test results (both ``meets'' and ``fails'') to USDA. AMS has
confirmed with CBP that it does not need to receive the FV-249, and
importers already receive ``meets'' and ``fails'' test results from the
laboratories in the form of aflatoxin test certificates; therefore, the
laboratories would electronically submit this form only to USDA.
Importers would no longer be required to submit the form FV-251 because
AMS has determined that information provided on this form is available
from other sources. AMS will consider in the future if the FV-251
should be extracted from the information collection. Providing for
electronic submission of the FV-249 and removing the requirement that
importers submit the FV-251 would support the ITDS initiative by
streamlining processes and reducing the burden on America's import
trade without compromising AMS's ability to ensure compliance with its
import regulations.
This proposed rule would also make other changes to the fruit,
vegetable, and specialty crop import regulations in Sec. Sec. 944.400,
944.401, 980.1, 980.117, 980.212, 999.1, 999.100, 999.300, and 999.400.
These changes, which include updating agency and program names and
contact information, and removing or updating other information that is
out of date, would help ensure the import regulations contain accurate
information and align with the ITDS objective of streamlining import
processes for the trade.
Certification by Canadian Food Inspection Agency (CFIA)
In part 980, the following sections prescribe the grade, size,
quality, and maturity requirements for imported vegetable commodities
that are regulated under section 8e of the Act: Sec. 980.1(b) for
potatoes, Sec. 980.117(b) for onions, and Sec. 980.212(b) for
tomatoes. Further, the following sections in part 980 specify the
governmental inspection services that are designated to certify that
grade, size, quality, and maturity requirements of the commodities have
been met: Sec. 980.1(f) for potatoes, Sec. 980.117(e) for onions, and
Sec. 980.212(e) for tomatoes. Part 980 also specifies that an
inspection certificate issued by a designated government inspection
service certifying that the potatoes, onions, and tomatoes meet the
import requirements is required for all imports (Sec. Sec. 980.1(g),
980.117(f), and 980.212(f) for potatoes, onions, and tomatoes,
respectively).
As noted above, the vegetable import regulations specify those
domestic and foreign government inspection services that are designated
to certify that imported potatoes, onions, and tomatoes meet grade,
size, quality, and maturity requirements. Currently, the only foreign
designated governmental inspection service is the Canadian Food
Inspection Agency (CFIA).
When importers have potatoes, onions, or tomatoes inspected in
Canada prior to import into the United States, an inspection
certificate is provided to the importer that certifies that the
commodity meets section 8e import requirements. These certificates are
comprised of various formats, including a Certificate of Inspection for
Fresh Fruits and Vegetables--Shipping Point (also known as E2 and E3
forms) and an Export Document for C-PIQ Establishments--Fresh Fruits
and Vegetables (also known as a C-PIQ form). CFIA issues C-PIQ forms to
C-PIQ establishments that meet the requirements defined within the CFIA
quality assurance program known as ``Canadian Partners in Quality'' (C-
PIQ). The C-PIQ program is applicable to potatoes only (i.e., not
onions or tomatoes). All of these certificates contain similar
information as required by the vegetable import regulations, including
the date of inspection, the name of the shipper, the commodity
inspected, the quantity of the commodity covered by the certificate,
and a statement indicating that the commodity meets the import
requirements of section 8e of the Act.
Currently, Canadian certificates that certify that potatoes,
onions, and tomatoes meet 8e requirements are presented to the United
States Customs and Border Protection (CBP) at the United States/
Canadian border, prior to entry into the United States. AMS conducts
periodic reviews at CFIA offices and potato handling facilities in
various Canadian provinces during which inspectors from AMS's Specialty
Crops Inspection (SCI) Division, as well as Compliance and Enforcement
Specialists from AMS's Marketing Order and Agreement Division (MOAD),
observe inspection processes and review records at traditional shipping
points and maintained under the C-PIQ program for potatoes exported
from Canada to the United States. However, importers are not currently
required to submit copies of the Canadian E2, E3, or C-PIQ certificates
or otherwise provide proof of Canadian inspection to AMS.
Electronic Entry of Canadian Certificate Information in the Automated
Commercial Environment (ACE)
The United States Customs and Border Protection's (CBP) Automated
Commercial Environment (ACE) is the primary system through which the
global trade community electronically files information about imports
and exports so that admissibility into the United States may be
determined and government agencies may monitor compliance. ACE is the
platform that provides a ``single window'' through which the global
trade community electronically files shipment data, instead of
completing or submitting paper-based forms to report the same
information to different government agencies. This ``single window''
concept is a key component of the International Trade Data System
(ITDS), a 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; 79 FR 10657). ITDS is designed to greatly
reduce the burden on America's import and export trade while still
providing information to government agencies that is necessary for the
United States to ensure compliance with its laws.
In conjunction with the full implementation of the ITDS ``single
window,'' CBP is requiring that government agencies participating in
the ITDS project, including AMS, ensure that regulations provide for
the electronic entry of import and/or export information.
AMS has developed and deployed a new automated system called the
[[Page 87851]]
Compliance and Enforcement Management System (CEMS) that interfaces
with CBP's ACE system in support of ITDS. CEMS electronically links
with the ACE system to create a ``pipeline'' through which data is
transmitted between MOAD and CBP. CEMS validates information
electronically entered by importers in ACE and transmits messages to
CBP about whether a shipment may be released for importation into the
United States.
AMS has determined that the changes to the vegetable import
regulations proposed in this rule meet CBP's requirements for ITDS by
providing for the electronic entry in ACE of certification information
for potatoes, onions, and tomatoes inspected by CFIA prior to import
into the United States. This data would be transmitted from CBP's ACE
to AMS's CEMS, where it would be electronically validated. Upon
validation, CEMS would transmit an electronic message back to ACE
indicating the shipment is cleared for import into the United States.
The proposed changes to the vegetable import regulations would automate
and streamline the entry and reporting process for importers while
enhancing AMS's ability to ensure compliance with its import
regulations.
These proposed changes would also provide an option for importers
to provide AMS with a paper copy of a CFIA certificate, via email,
mail, or facsimile, in the event an importer is unable to
electronically provide the required certificate number and image in
ACE.
Imported Pistachio Regulation Reporting Changes
The pistachio import regulations provide that each pistachio sample
drawn and prepared for aflatoxin testing by a USDA-authorized inspector
be submitted to a USDA or USDA-accredited laboratory for analysis
(Sec. 999.600(e)). Lots that fail to meet the aflatoxin requirements
currently must be reported by the laboratories to USDA, CBP, and the
importer using an Imported Pistachios--Failed Lot Notification report
(form FV-249), pursuant to Sec. Sec. 999.600(e), (g) and (h).
Importers are also currently required to report the disposition of
reworked and failed lots to USDA and CBP using an Imported Pistachios--
Rework and Failed Lot Disposition report (form FV-251), pursuant to
Sec. Sec. 999.600(g) and (h). Both the FV-249 and FV-251 are paper
forms.
Section 999.600(f) provides that the laboratories provide an
aflatoxin inspection certificate to importers that contains, among
other things, a statement as to whether the lot meets or fails the
import requirements under section 8e of the Act. Thus, all aflatoxin
test results are provided to importers by the testing laboratories.
Section 999.600 would be revised by changing the reporting
requirements for laboratories (form FV-249) and importers (form FV-
251). USDA and USDA-accredited laboratories currently submit a paper
form FV-249 to USDA, CBP, and an importer when a lot fails to meet the
aflatoxin requirements of the pistachio import regulations. The testing
laboratories are now meeting this requirement and are also voluntarily
providing information to USDA about lots that meet aflatoxin
requirements; in other words, the laboratories are providing all
aflatoxin test results to USDA, not just failed lot notifications.
Importers currently complete and submit to USDA and CBP a paper form
FV-251 to report the disposition of reworked or failed lots.
To streamline the regulations and eliminate the paper-based
reporting process, AMS would convert the existing FV-249 to an
electronic format. The electronic format would provide for the
laboratories to report all aflatoxin test results to AMS, in line with
the current practice. USDA's Science and Technology Program approves
and accredits laboratories to perform chemical analyses of pistachios
for aflatoxin content. The regulations would require accredited
laboratories to submit aflatoxin test results to AMS using the
electronic form FV-249, and USDA laboratories would also use the
electronic form FV-249 to submit test results to AMS. AMS has
determined that CBP does not require this test result information, and
the laboratories already provide importers with certificates for all
aflatoxin tests; therefore, the laboratories would be required to
electronically submit the FV-249 to only USDA and not to CBP or
importers.
In addition to the changes to laboratory-reporting requirements,
Sec. 999.600 would be revised to remove the requirement that importers
report the disposition of reworked or failed lots to USDA and CBP using
the Imported Pistachios--Rework and Failed Lot Disposition report (form
FV-251). When this form was included in a proposed rule published in
the Federal Register on October 11, 2011 (76 FR 65411) and implemented
in a final rule published in the Federal Register on August 27, 2012
(77 FR 51686), AMS believed that the most effective way to ensure
compliance with the rework and failed lot disposition requirements of
the pistachio import regulations was to require importers to submit the
form FV-251 with details about reworked, exported, sold for non-human
consumption, or destroyed lots. Since that time, however, AMS has
determined that the information provided on this form is available from
other sources (for example, destruction information is available from
AMS's Specialty Crops Inspection Division) or requires additional
follow up with an importer. The requirements for rework and final
disposition of failed lots is not changing; only the reporting
associated with these requirements is changing. The proposal to remove
the requirement that importers use the paper form FV-251 would support
the full implementation of ITDS by streamlining processes and reducing
the burden on importers while allowing AMS to continue to ensure
compliance with import regulations. AMS will consider proposing removal
of the form FV-251 from the information collection during the next
renewal of the forms package.
Accordingly, Sec. Sec. 999.600(e), (g), and (h) would be revised
to reflect the changes to reporting noted above.
Other Changes
To further ensure that the fruit, vegetable, and specialty crop
import regulations provide accurate information to the import trade and
in furtherance of streamlining processes in support of ITDS, the
following changes would be made:
Contact information for inspection offices and ports of entry, and
references to importers making various advance arrangements for
inspection services would be revised or removed from the fruit import
regulations at Sec. Sec. 944.400(a) (designated inspection services
and procedures), 944.401(c) (olives); the vegetable import regulations
at Sec. Sec. 980.1(g)(1)(ii) (potatoes), 980.117(f)(3) (onions);
980.212(f)(3) (tomatoes); and in the specialty crop regulations at
Sec. Sec. 999.1(c)(1) (dates), 999.100(c)(4) (walnuts), 999.300(c)(3)
(raisins), and 999.400(c)(2) (filberts). The contact information for
individual inspection offices and ports of entry is currently out of
date in many of these sections. Under ITDS, importers will
electronically file initial requests for inspection (SC-357, Initial
Inspection Request for Regulated Import Commodities), which will alert
the appropriate inspection office and CBP that a regulated commodity
will be arriving that will require inspection at the port of entry or
at another location. This electronic process will provide the needed
advance notice to the inspection service. AMS's Specialty Crops
[[Page 87852]]
Inspection (SCI) Division intends to amend its inspection application
regulations (7 CFR parts 51 and 52) to provide for the electronic
filing of the initial request for inspection, thereby meeting CBP's
requirement that the regulations of agencies participating in ITDS be
revised to provide for electronic filing of shipment entry data. This
proposed rule would add contact information (address, telephone number,
and facsimile numbers) for the main SCI office in Washington, DC, in
the event importers need any information about inspection services.
This change would also make the fruit, vegetable, and specialty crop
regulations more current and consistent.
Proposed administrative changes would include updating the USDA
agency and program names in Sec. Sec. 944.400(a) (designated
inspection services and procedures) and 944.401(a)(5) and (c) (olives)
in the fruit import regulations; 980.1(f) (potatoes), 980.117(e)
(onions), and 980.212(e) (tomatoes) in the vegetable import
regulations; and 999.600(h) (pistachios) in the specialty crop import
regulations. Additionally, the word ``nectarines'' would be removed
from Sec. 944.400(a) (designated inspection services and procedures)
of the fruit import regulations. Nectarines were regulated in the past
but are not currently regulated under the fruit import regulations and
should not, therefore, be listed in this section.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this initial regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened.
Small agricultural service firms, which includes importers, are
defined by the Small Business Administration (SBA) as those having
annual receipts of less than $7,500,000 (13 CFR 121.201).
This proposed action would change the import regulations for
potatoes, onions, and tomatoes by requiring importers to enter the
certificate number and upload an electronic image of the certificate
for those shipments certified by CFIA as meeting 8e requirements into
CBP's ACE system, for transmission to AMS, prior to import into the
United States. If an importer is unable to provide this information
electronically in ACE, a copy of the certificate would have to
accompany the shipment at entry into the United States, and the
importer would also have to submit a copy of the certificate to AMS via
email, mail, or facsimile.
Based on 2015 information from CBP, USDA estimates there are 25
importers of potatoes from Canada, 13 importers of onions from Canada,
and 12 importers of tomatoes from Canada. Although USDA has limited
access to data about the business sizes of these importers, it is
likely that the majority may be classified as small entities.
According to data from CBP and USDA's Foreign Agricultural Service
(FAS), USDA estimates that in 2015, there were 894,945,959 pounds of
potatoes, onions, and tomatoes that were subject to 8e regulations that
were imported from Canada into the U.S. The table below provides a
breakdown of this information by commodity:
Vegetables Regulated Under Section 8e--Imported From Canada in 2015
------------------------------------------------------------------------
Number of Weight in
Commodity entries pounds
------------------------------------------------------------------------
Potatoes............................ 20,146 728,594,707
Onions.............................. 13,591 158,918,237
Tomatoes............................ 634 7,333,015
------------------------------------------------------------------------
Currently, importers of Canadian potatoes, onions, and tomatoes
that are certified by CFIA as meeting 8e requirements are not required
to provide AMS with proof of this certification. The proposed change to
require electronic entry of a CFIA certificate number and an electronic
copy of the certificate through ACE would provide importers with an
automated method of submitting this information to AMS at the same time
they are electronically entering information about the shipment as
required by other agencies, such as CBP. This electronic filing option
should streamline business operations, both for importers of these
commodities and for USDA, which would use the electronically submitted
data to monitor compliance with 8e regulations. Electronic submission
of this certificate information would meet CBP's requirement to ensure
that the regulations of those government agencies participating in the
ITDS project, such as AMS, provide for the electronic submission of
required data. This change would create a minimal burden on importers
while providing AMS with the ability to properly monitor imported
vegetable shipments for compliance with the import regulations.
In the event an importer would be unable to electronically provide
the required certificate number and electronic copy of the certificate
in ACE, this proposed change would require that a paper copy of the
CFIA certificate accompany the shipment at entry and would also provide
for the submission of a copy of the certificate to AMS via email, mail,
or facsimile.
This proposed action would also change the pistachio import
regulations by modifying the reporting requirements for USDA or USDA-
accredited laboratories that perform chemical analyses of aflatoxin
levels in imported pistachios. The regulations would require these
laboratories to submit all aflatoxin test results to USDA instead of
only the results of failed lots; however, the laboratories are already
voluntarily providing all test results to AMS. AMS reports that most of
the aflatoxin chemical analyses are performed by the USDA Science and
Technology Program laboratory in Blakely, Georgia, which is not subject
to RFA analysis.
There are currently nine USDA-accredited laboratories that perform
chemical analyses on aflatoxin levels for imported pistachios to
determine if they meet 8e requirements. Although USDA does not have
access to data about the business sizes of these laboratories, it is
likely that the majority may be classified as large entities.
USDA's Foreign Agricultural Service (FAS) estimates that in 2015,
2,743,823 pounds of pistachios (shelled and inshell) were imported into
the United States. According to FAS data, most of those pistachios were
imported from Turkey, with additional imported pistachios coming from
other countries that include Canada, Italy, the United Kingdom, Greece,
Thailand, and Germany. For those pistachios imported in 2015, AMS
received 8 failed lot
[[Page 87853]]
notifications from two of the USDA-accredited laboratories, as required
by the regulations, and voluntarily received notifications from four of
the USDA-accredited laboratories that 54 lots met 8e aflatoxin level
requirements. The total test results received in 2015 (62) divided
among the nine USDA-accredited labs would average 7 test results per
year for each USDA-accredited laboratory. Because the laboratories
currently provide AMS with both ``meets'' and ``fails'' aflatoxin test
results, there is not expected to be any additional cost as a result of
this action.
Regarding alternatives to this action, AMS determined that these
changes to the regulations are needed to comply with the ITDS mandate
and to provide AMS with information it requires to ensure compliance
with its regulations. As noted earlier, CBP is requiring all government
agencies who are partnering with CBP on the ITDS initiative (including
AMS) to update their regulations to provide for the electronic entry of
import and export shipment data. Providing for the entry of certificate
information in ACE for potatoes, onions, and tomatoes imported from
Canada that have been certified by CFIA as meeting 8e requirements
enhances AMS's ability to monitor compliance while also meeting the
objectives of ITDS to streamline processes for the import trade. In
addition, changing the pistachio regulations by revising the reporting
requirements would streamline the regulations and reduce the burden on
the trade. The other changes proposed in this action would also provide
the import trade with accurate information.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), AMS considered the information collection requirements
necessary for importers to electronically submit CFIA's inspection
certificates and certificate numbers, and it was deemed not to place an
additional paperwork burden on importers. No changes in the information
collection requirements for the vegetable import regulations are
necessary as a result of this action. Should any changes become
necessary, they would be submitted to OMB for approval.
The information collection requirements for the form FV-249 (for
imported pistachios) have been previously approved by OMB and assigned
OMB No. 0581-0215 (Pistachios Grown in California, Arizona, and New
Mexico). As noted earlier, form FV-249 is contained within the OMB
information collection for the domestic pistachio marketing order but
is used strictly for imported pistachios.
AMS has submitted a request to OMB to make changes to the
information collection currently approved under OMB No. 0581-0215,
which was last renewed in 2014, by providing for the electronic
submission of form FV-249; renaming the existing form Notification of
Aflatoxin Levels to reflect the inclusion of all aflatoxin test
results; and relaxing the submission requirements so that laboratories
submit the form to only USDA, eliminating the need to also submit the
form to CBP and importers. There are currently nine USDA-accredited
laboratories that could potentially submit all aflatoxin test results
to USDA instead of only failed test results using the FV-249. As a
result, the number of respondents is changing from 7 to 9, the
estimated number of responses per respondent is increasing from 4 to 7,
and the annual burden hours is increasing from 5.6 hours to 12.6 hours.
These changes have been included in AMS's request to OMB to revise this
information collection.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this proposed rule.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions
about the compliance guide should be sent to Rick Lower at the
previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. Thirty days is deemed appropriate because (1)
the import industry is fully aware of ITDS and its goal to streamline
and automate paper-based processes and has attended annual ITDS Trade
Support Network plenary sessions conducted by the U.S. government over
the past few years; (2) USDA and USDA-accredited laboratories are
already voluntarily providing all imported pistachio aflatoxin test
results to USDA; and (3) CPB is requiring the timely update of import
and export regulations to meet the ITDS electronic data submission
requirement. All written comments timely received will be considered
before a final determination is made on this matter.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Olives, Oranges.
7 CFR Part 980
Food grades and standards, Imports, Marketing agreements, Onions,
Potatoes, Tomatoes.
7 CFR Part 999
Dates, Filberts, Food grades and standards, Imports, Nuts,
Pistachios, Prunes, Raisins, Reporting and recordkeeping requirements,
Walnuts.
For the reasons set forth in the preamble, 7 CFR parts 944, 980,
and 999 are proposed to be amended as follows:
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1. The authority citation for 7 CFR parts 944, 980, and 999 continues
to read as follows:
Authority: 7 U.S.C. 601-674.
PART 944--FRUITS; IMPORT REGULATIONS
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2. Revise Sec. 944.400 to read as follows:
Sec. 944.400 Designated inspection services and procedure for
obtaining inspection and certification of imported avocados,
grapefruit, kiwifruit, oranges, prune variety plums (fresh prunes), and
table grapes regulated under section 8e of the Agricultural Marketing
Agreement Act of 1937, as amended.
(a) The Federal or Federal-State Inspection Service, Specialty
Crops Program, Agricultural Marketing Service, United States Department
of Agriculture is hereby designated as the governmental inspection
service for the purpose of certifying the grade, size, quality, and
maturity of avocados, grapefruit, oranges, prune variety plums (fresh
prunes), and table grapes that are imported into the United States.
Agriculture and Agri-Food Canada is also designated as a governmental
inspection service for the purpose of certifying grade, size, quality
and maturity of prune variety plums (fresh prunes) only. Inspection by
the Federal or Federal-State Inspection Service or the Agriculture and
Agri-Food Canada, with appropriate evidence thereof in the form of an
official inspection certificate, issued by the respective services,
applicable to the particular shipment of the specified fruit, is
required on all imports. Inspection and certification by the Federal or
Federal-State Inspection Service will be available upon application in
accordance with the Regulations Governing Inspection, Certification and
Standards for Fresh Fruits, Vegetables, and Other Products (7 CFR part
51). For further information
[[Page 87854]]
about Federal or Federal-State inspection services, contact Specialty
Crops Inspection Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW., STOP 0240, Washington, DC 20250-0237;
telephone (202) 720-5870; fax (202) 720-0393.
* * * * *
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3. In Sec. 944.401, revise paragraphs (a)(5) and (c) to read as
follows:
Sec. 944.401 Olive Regulation 1.
(a) * * *
(5) USDA Inspector means an inspector of the Specialty Crops
Inspection Division, Specialty Crops Program, Agricultural Marketing
Service, U.S. Department of Agriculture, or any other duly authorized
employee of the Department.
* * * * *
(c) The Specialty Crops Inspection Division, Specialty Crops
Program, Agricultural Marketing Service, U.S. Department of
Agriculture, is hereby designated as the governmental inspection
service for the purpose of certifying the grade and size of processed
olives from imported bulk lots for use in canned ripe olives and the
grade and size of imported canned ripe olives. Inspection by said
inspection service with appropriate evidence thereof in the form of an
official inspection certificate, issued by the service and applicable
to the particular lot of olives, is required. With respect to imported
bulk olives, inspection and certification shall be completed prior to
use as packaged ripe olives. With respect to canned ripe olives,
inspection and certification shall be completed prior to importation.
Any lot of olives which fails to meet the import requirements and is
not being imported for purposes of contribution to a charitable
organization or processing into oil may be exported or disposed of
under the supervision of the Specialty Crops Inspection Division,
Specialty Crops Program, AMS, USDA, with the cost of certifying the
disposal borne by the importer. Such inspection and certification
services will be available, upon application, in accordance with the
applicable regulations governing the inspection and certification of
Processed Fruits and Vegetables, Processed Products Thereof, and
Certain Other Processed Food Products (part 52 of this title). * For
questions about inspection services or for further assistance, contact:
Specialty Crops Inspection Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, Room 1536-S, STOP 0240, Washington,
DC 20250-0237; telephone (202) 720-5870; fax (202) 720-0393.
* * * * *
PART 980--VEGETABLES; IMPORT REGULATIONS
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4. In Sec. 980.1, revise paragraphs (f), (g)(1)(i), and (g)(1)(ii) to
read as follows:
Sec. 980.1 Import regulations; Irish potatoes.
* * * * *
(f) Designation of governmental inspection services. The Federal or
Federal-State Inspection Service, Specialty Crops Program, Agricultural
Marketing Service, U.S. Department of Agriculture, and the Food of
Plant Origin Division, Plant Products Directorate, Canadian Food
Inspection Agency, are hereby designated as governmental inspection
services for the purpose of certifying the grade, size, quality, and
maturity of Irish potatoes that are imported, or to be imported, into
the United States under the provisions of Sec. 608e of the Act.
(g) * * *
(1)(i) Inspection and certification by the Federal or Federal-State
Inspection Service will be available and performed in accordance with
the rules and regulations governing certification of fresh fruits,
vegetables, and other products (part 51 of this title), and each lot
shall be made available and accessible for inspection as provided
therein. Cost of inspection and certification shall be borne by the
applicant. For questions about inspection services or for further
assistance, contact: Specialty Crops Inspection Division, Specialty
Crops Program, AMS, USDA, 1400 Independence Avenue SW., Room 1536-S,
STOP 0240, Washington, DC 20250-0237; telephone (202) 720-5870; fax
(202) 720-0393.
(ii) If certification is provided by a designated governmental
inspection service other than the Federal or Federal-State Inspection
Service, in accordance with 980.1(f), an importer shall electronically
transmit to USDA, prior to entry, the certificate number and an
electronic image of the certificate using the U.S. Customs and Border
Protection's Automated Commercial Environment system. If this
information is not provided electronically prior to entry, a paper copy
of the certificate must accompany the shipment at the time of entry,
and a copy of the certificate must be submitted by email, mail, or fax
to the Marketing Order and Agreement Division, Specialty Crops 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.
* * * * *
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5. In Sec. 980.117, revise paragraphs (e), (f)(2), and (f)(3) to read
as follows:
Sec. 980.117 Import regulations; onions.
* * * * *
(e) Designation of governmental inspection service. The Federal or
Federal-State Inspection Service, Specialty Crops Program, Agricultural
Marketing Service, U.S. Department of Agriculture, and the Food of
Plant Origin Division, Plant Products Directorate, Canadian Food
Inspection Agency, are hereby designated as governmental inspection
services for the purpose of certifying the grade, size, quality, and
maturity of onions that are imported, or to be imported, into the
United States under the provisions of section 8e of the Act.
(f) * * *
(2) Inspection and certification by the Federal or Federal-State
Inspection Service will be available and performed in accordance with
the rules and regulations governing certification of fresh fruits,
vegetables and other products (7 CFR part 51). Each lot shall be made
available and accessible for inspection as provided therein. Cost of
inspection and certification shall be borne by the applicant. For
questions about inspection services or for further assistance, contact:
Specialty Crops Inspection Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, Room 1536-S, STOP 0240, Washington,
DC 20250-0237; telephone (202) 720-5870; fax (202) 720-0393.
(3) If certification is provided by a designated governmental
inspection service other than the Federal or Federal-State Inspection
Service, in accordance with 980.117(e), an importer shall
electronically transmit to USDA, prior to entry, the certificate number
and an electronic image of the certificate using the U.S. Customs and
Border Protection's Automated Commercial Environment system. If this
information is not provided electronically prior to entry, a paper copy
of the certificate must accompany the shipment at the time of entry,
and a copy of the certificate must be submitted by email, mail, or fax
to the Marketing Order and Agreement Division, Specialty Crops 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.
* * * * *
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6. In Sec. 980.212, revise paragraphs (e), (f)(2), and (f)(3) to read
as follows:
[[Page 87855]]
Sec. 980.212 Import regulations; tomatoes.
* * * * *
(e) Designation of governmental inspection service. The Federal or
Federal-State Inspection Service, Specialty Crops Program, Agricultural
Marketing Service, U.S. Department of Agriculture, and the Food of
Plant Origin Division, Plant Products Directorate, Canadian Food
Inspection Agency, are hereby designated as governmental inspection
services for the purpose of certifying the grade, size, quality, and
maturity of tomatoes that are imported, or to be imported, into the
United States under the provisions of section 8e of the Act.
(f) * * *
(2) Inspection and certification by the Federal or Federal-State
Inspection Service will be available and performed in accordance with
the rules and regulations governing certification of fresh fruits,
vegetables and other products (7 CFR part 51). Each lot shall be made
available and accessible for inspection as provided therein. Cost of
inspection and certification shall be borne by the applicant. For
questions about inspection services or for further assistance, contact:
Specialty Crops Inspection Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW., Room 1536-S, STOP 0240, Washington,
DC 20250-0237; telephone (202) 720-5870; fax (202) 720-0393.
(3) If certification is provided by a designated governmental
inspection service other than the Federal or Federal-State Inspection
Service, in accordance with 980.212(e), an importer shall
electronically transmit to USDA, prior to entry, the certificate number
and an electronic image of the certificate using the U.S. Customs and
Border Protection's Automated Commercial Environment system. If this
information is not provided electronically prior to entry, a paper copy
of the certificate must accompany the shipment at the time of entry,
and a copy of the certificate must be submitted by email, mail, or fax
to the Marketing Order and Agreement Division, Specialty Crops 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
Sec. 999.100 [Amended].
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7. In Sec. 999.100, amend paragraph (c)(4) by removing the last
sentence.
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8. In Sec. 999.300, revise paragraph (c)(3) to read as follows:
Sec. 999.300 Regulation governing importation of raisins.
* * * * *
(c) * * *
(3) Whenever raisins are offered for inspection, the applicant
shall furnish any labor and pay any costs incurred in moving and
opening containers as may be necessary for proper sampling and
inspection. The applicant shall also furnish the USDA inspector the
entry number and such other identifying information for each lot as the
inspector may request.
* * * * *
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9. In Sec. 999.400, revise paragraph (c)(2) to read as follows:
Sec. 999.400 Regulation governing the importation of filberts.
* * * * *
(c) * * *
(2) Inspection. Inspection shall be performed by USDA inspectors in
accordance with the Regulations Governing the Inspection and
Certification of Fresh Fruits and Vegetables and Related Products (7
CFR part 51). The cost of each such inspection and related
certification shall be borne by the applicant. Whenever filberts are
offered for inspection, the applicant shall furnish any labor and pay
any costs incurred in moving and opening containers as may be necessary
for proper sampling and inspection. The applicant shall also furnish
the USDA inspector the entry number and such other identifying
information for each lot as the inspector may request. Inspection must
be completed prior to the importation of filberts.
* * * * *
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10. Amend Sec. 999.600 by:
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a. Revising paragraphs (e)(2) and (e)(3);
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b. Revising paragraph (g);
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c. Redesignating paragraph (h)(1) as (h) and revising newly
redesignated paragraph (h); and
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d. Removing paragraph (h)(2).
The revisions to read as follows:
Sec. 999.600 Regulation governing the importation of pistachios.
* * * * *
(e) * * *
(2) Lots that require a single test sample will be certified as
``negative'' on the aflatoxin inspection certificate if the sample has
an aflatoxin level at or below 15 ppb. If the aflatoxin level is above
15 ppb, the lot fails. The laboratory shall electronically submit the
results to USDA (Form FV-249) as described in paragraph (h) of this
section.
(3) Lots that require two test samples will be certified as
``negative'' on the aflatoxin inspection certificate if Test Sample #1
has an aflatoxin level at or below 10 ppb. If the aflatoxin level of
Test Sample #1 is above 20 ppb, the lot fails and the laboratory shall
electronically submit the results to USDA (Form FV-249) as described in
paragraph (h) of this section. If the aflatoxin level of Test Sample #1
is above 10 ppb and at or below 20 ppb, the laboratory may, at the
importer's discretion, analyze Test Sample #2 and average the test
results of Test Samples #1 and #2. Alternately, the importer may elect
to withdraw the lot from testing, rework the lot, and resubmit it for
testing after reworking. If the importer directs the laboratory to
proceed with the analysis of Test Sample #2, a lot will be certified as
negative to aflatoxin and the laboratory shall issue an aflatoxin
inspection certificate if the averaged result of Test Samples #1 and #2
is at or below 15 ppb. If the average aflatoxin level of Test Samples
#1 and #2 is above 15 ppb, the lot fails. The laboratory shall
electronically submit the results to USDA (Form FV-249) as described in
paragraph (h) of this section.
* * * * *
(g) Failed lots/rework procedure. Any lot or portion thereof that
fails to meet the import requirements prior to or after reconditioning
may be exported, sold for non-human consumption, or disposed of under
the supervision the Federal or Federal-State Inspection Programs, with
the costs of certifying the disposal of such lot paid by the importer.
(1) Inshell rework procedure for aflatoxin. If inshell rework is
selected as a remedy to meet the aflatoxin requirements of this part,
then 100 percent of the product within that lot shall be removed from
the bulk and/or retail packaging containers and reworked to remove the
portion of the lot that caused the failure. Reworking shall consist of
mechanical, electronic, or manual procedures normally used in the
handling of pistachios. The reworked lot shall be sampled and tested
for aflatoxin as specified in paragraphs (d) and (e) of this section,
except that the lot sample size and the test sample size shall be
doubled. If, after the lot has been reworked and tested, it fails the
aflatoxin test for a second time, the lot may be shelled and the
kernels reworked, sampled, and tested in the manner specified for an
original lot of kernels, or the failed lot may be exported, used for
non-human consumption, or otherwise disposed of.
[[Page 87856]]
(2) Kernel rework procedure for aflatoxin. If pistachio kernel
rework is selected as a remedy to meet the aflatoxin requirements of
this part, then 100 percent of the product within that lot shall be
removed from the bulk and/or retail packaging containers and reworked
to remove the portion of the lot that caused the failure. Reworking
shall consist of mechanical, electronic, or manual procedures normally
used in the handling of pistachios. The reworked lot shall be sampled
and tested for aflatoxin as specified in paragraphs (d) and (e) of this
section.
(3) Failed lot reporting. If a lot fails to meet the aflatoxin
requirements of this part, the testing laboratory shall electronically
submit the results to USDA (Form FV-249) as described in paragraph (h)
of this section within 10 working days of the test failure. This
information must be submitted each time a lot fails aflatoxin testing.
(h) Reports and Recordkeeping. Form FV-249, Notification of
Aflatoxin Levels. Each USDA or USDA-accredited laboratory shall notify
the Marketing Order and Agreement Division, Specialty Crops Program,
AMS, USDA of all aflatoxin test results for all lots by electronically
submitting this form within 10 days of testing.
* * * * *
Dated: November 29, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-29016 Filed 12-5-16; 8:45 am]
BILLING CODE P
