Changes to Reporting and Notification Requirements and Other Clarifying Changes for Imported Fruits, Vegetables, and Specialty Crops, 23999-24001 [2017-10678]
Download as PDF
<![CDATA[
23999
Rules and Regulations
Federal Register
Vol. 82, No. 100
Thursday, May 25, 2017
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2015–0097]
Asian Longhorned Beetle: Update List
of Regulated Articles
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
We are adopting as a final
rule, without change, an interim rule
that amended the Asian longhorned
beetle (ALB) regulations by removing
plants of the genus Celtis, which we
have determined not to be a host plant
of ALB, from the list of regulated
articles. As a result of the interim rule,
there are no longer any restrictions on
the movement of Celtis spp. plants from
areas quarantined for ALB.
DATES: Effective on May 25, 2017, we
are adopting as a final rule the interim
rule published at 81 FR 39175–39176 on
June 16, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia Ferguson, M.S., Senior
Regulatory Policy Specialist, Regulatory
Coordination and Compliance, Imports,
Regulations and Manuals, PPQ, APHIS,
4700 River Road Unit 133, Riverdale,
MD 20737–1236; (301) 851–2352; email:
Claudia.Ferguson@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In an interim rule 1 effective June 16,
2016, and published in the Federal
Register on June 16, 2016 (81 FR 39175–
39176, Docket No. APHIS–2015–0097),
we amended the Asian longhorned
beetle (ALB) regulations in 7 CFR
301.51 by removing plants of the genus
Celtis, which we have determined not to
be a host plant of ALB, from the list of
regulated articles. This action relieved
restrictions on the movement of Celtis
spp. plants from areas quarantined for
ALB.
Comments on the interim rule were
required to be received on or before
August 15, 2016. We did not receive any
comments. Therefore, for the reasons
given in the interim rule, we are
adopting the interim rule as a final rule
without change.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, for this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
Because this rule is waived, it does not
trigger the requirements of Executive
Order 13771.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
PART 301—DOMESTIC QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 301 and
that was published at 81 FR 39175–
39176 on June 16, 2016.
■
Done in Washington, DC, this 19th day of
May 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2017–10675 Filed 5–24–17; 8:45 am]
BILLING CODE 3410–34–P
1 To view the interim rule and supporting
documentation, go to https://www.regulations.gov/#
!docketDetail;D=APHIS-2015-0097.
VerDate Sep<11>2014
15:57 May 24, 2017
Jkt 241001
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 944, 980, and 999
[Doc. No. AMS–SC–16–0083; SC16–944/980/
999–1 FIR]
Changes to Reporting and Notification
Requirements and Other Clarifying
Changes for Imported Fruits,
Vegetables, and Specialty Crops
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of the interim rule
as final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that updated reporting and
notification requirements associated
with, and made clarifying changes to,
the fruit, vegetable, and specialty crop
import regulations for certain
commodities regulated under section
608(e) (hereinafter referred to as ‘‘8e’’) of
the Agricultural Marketing Agreement
Act of 1937. The interim rule shifted the
exempt reporting requirement for
imported tomatoes destined for
noncommercial outlets for experimental
purposes from the tomato import
regulations to the safeguard procedures
section of the vegetable import
regulations. In addition, the pistachio
import regulations were updated by
removing reference to a paper-based
notification of entry process. Other
administrative changes were made to
several of the 8e regulations to replace
outdated information. These changes to
the import regulations support the
International Trade Data System (ITDS),
a system that streamlines and automates
the filing of import and export
information by the trade.
DATES: Effective May 30, 2017.
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 obtain
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
SUMMARY:
E:\FR\FM\25MYR1.SGM
25MYR1
24000
Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations
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 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
and other related functions (such as
commodity sampling) on those
imported commodities and to certify
whether these 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. These
parts also list the imported commodities
that may be exempt from grade, size,
quality, and/or maturity requirements
when imported for specific purposes
(such as processing, donation to
charitable organizations, or livestock
feed). Additionally, these parts specify
the form importers must use to report to
USDA and the U.S. Customs and Border
Protection (CBP) imports of
commodities exempt from 8e
regulations.
USDA is issuing this rule in
conformance with Executive Orders
12866, 13771, 13563, and 13175.
This rule continues in effect an
interim rule clarifying change to part
980, the vegetable import regulations.
The interim rule moved the procedure
for filing an exempt commodity form for
tomatoes destined for noncommercial
outlets for experimental purposes from
§ 980.212 of the tomato import
regulations to § 980.501 of the vegetable
safeguard procedures import
regulations. This change removed
reference to a form that does not exist
for imports and made the safeguard
regulations consistent for all imported
vegetables that are exempt from 8e
regulations.
This rule also continues in effect the
change to § 999.600 of the pistachio
import regulations that removed the
reference to a paper-based notification
of entry process, known in the industry
as the ‘‘stamp and fax’’ process. This
VerDate Sep<11>2014
15:57 May 24, 2017
Jkt 241001
paper-based process was replaced by an
electronic filing requirement that was
developed to comply with the
International Trade Data System (ITDS)
and was specified within the USDA’s
Agricultural Marketing Service (AMS)
Specialty Crops Inspection Division’s
regulations in an interim rule published
in the Federal Register on December 21,
2016 (81 FR 93571). Removing this
outdated information streamlines the
regulations and provides consistency
among the specialty crop import
regulations.
This rule also continues in effect
other minor administrative changes to
§§ 944.401, 999.1, and 999.600 of the
fruit and specialty crop import
regulations. These changes, which
include updating agency and program
names and removing or updating other
information that was duplicative or out
of date, helps ensure the import
regulations contain accurate information
and align with the ITDS objective of
streamlining import processes for the
trade.
AMS has determined that these
changes to the fruit, vegetable, and
specialty crop import regulations meet
CBP’s requirements for ITDS by shifting
an exempt-tomato reporting requirement
to the proper safeguard procedures
section of the vegetable import
regulations. These regulations were
revised in 2015 to provide an electronic
filing option; streamline an entry
notification process for imported
pistachios; and remove or revise
duplicative or outdated information.
These changes help reduce the burden
on America’s import trade without
compromising AMS’ ability to ensure
compliance with its import regulations.
In an interim rule published in the
Federal Register on December 5, 2016,
and effective on December 8, 2016 (81
FR 87409, Doc. No. AMS–SC–164–0083,
SC16–944/980/999–1 IR), clarifying
changes were made to part 980 by
moving the exempt-use reporting
requirements for tomatoes destined for
noncommercial outlets for experimental
purposes from § 980.212 (tomato import
regulations) to § 980.501 (safeguard
procedures section for imported
vegetables).
In addition, § 999.600(d) of the
pistachio import regulations was revised
to remove the paper-based ‘‘stamp and
fax’’ process, which has been replaced
by an electronic process that importers
now use to notify AMS of an initial
request for inspection.
Finally, several administrative
changes were made to various sections
in parts 944 and 999 (the fruit and
specialty crop import regulations,
respectively). First, the USDA agency
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
and program names were updated,
where needed. Second, §§ 944.401(e)
(olives) and 999.1(c)(1) (dates) were
changed by simplifying the language
regarding the requirement that
importers provide USDA inspectors
with identifying information about each
lot being inspected. Finally, § 999.1(e)
(dates) was updated by removing a
paragraph titled ‘‘importation,’’ because
it contained redundant and incomplete
information about filing inspection or
exemption documents with CBP.
Executive Orders 12866 and 13771, and
Final Regulatory Flexibility Analysis
This rule does not meet the definition
of a significant regulatory action
contained in section 3(f) of Executive
Order 12866, and is not subject to
review by the Office of Management and
Budget (OMB). Additionally, because
this rule does not meet the definition of
a significant regulatory action it does
not trigger the requirements contained
in Executive Order 13771. See OMB’s
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017 titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
Pursuant to requirements set forth in the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), AMS has considered
the economic impact of this action on
small entities. Accordingly, AMS has
prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
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).
Based on 2015 reporting, USDA
estimates that there were two importers
and two receivers of tomatoes that were
exempt from 8e requirements. Although
USDA does not have access to data
about the business sizes of these
importers and receivers, it is likely that
the majority may be classified as large
entities.
This rule continues in effect the
action that moved the requirements for
reporting imported tomatoes destined
for noncommercial outlets for
experimental purposes, which are
exempt from 8e regulations, from the
tomato import regulations to the
safeguard section of the vegetable
import regulations. This change to the
regulations did not revise the
procedures currently used by importers
and receivers of exempt tomatoes;
E:\FR\FM\25MYR1.SGM
25MYR1
Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations
instead, it shifted the outdated
requirements contained in § 980.212 to
the more appropriate safeguard
procedures section in § 980.501. Most
importers and receivers already file FV–
6 forms electronically with AMS, while
some paper forms are still submitted to
AMS. In 2015, AMS estimates it
received five electronic FV–6 forms and
no paper FV–6 forms for approximately
14,900 pounds of exempt tomatoes.
As part of the full implementation of
ITDS, importers and receivers report
exempt shipments through CBP’s
Automated Commercial Environment
(ACE) system and AMS’ Compliance
and Enforcement Management System
(CEMS). CEMS was developed by AMS
to replace AMS’ Marketing Order
Online System (MOLS), an online
system that was used from its
implementation in 2008 until it was
replaced by CEMS in 2016. An
affirmation of interim rule as final rule
was published in the Federal Register
on June 25, 2015, (80 FR 36465) that
provided for the electronic submission
of FV–6 forms, a practice that has
existed since MOLS was implemented
in 2008 but was not reflected in the
regulations. This action imposes no
additional burden on importers and
receivers of exempt tomatoes.
Regarding alternatives to this action,
AMS determined that these changes to
the regulations were needed to comply
with ITDS requirements. Moving an
outdated, paper-based exempt formfiling requirement from the import
tomato regulations to the safeguard
section of the vegetable import
regulations standardized the regulations
and properly provided for the current
requirement of filing a paper or
electronic form FV–6, which benefits
importers and receivers who import
these exempt tomatoes. In addition,
changing the pistachio regulations by
removing the paper-based ‘‘stamp and
fax’’ requirement streamlined the
regulations and reduced the burden on
the trade. The other administrative
changes made in the interim rule
provided the import trade with accurate
information.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
requirements for the form FV–6 (for
commodities exempt from 8e
requirements) have been previously
approved by OMB and assigned OMB
No. 0581–0167 (Specific Commodities
Imported into United States Exempt
From Import Regulations). No changes
in the requirements for the FV–6 form
as a result of this action are necessary.
The shift of the requirements for
exempt-use filings from the tomato
VerDate Sep<11>2014
15:57 May 24, 2017
Jkt 241001
import regulations to the safeguard
section for imported vegetables was
administrative in nature and did not
change the practice that has existed for
many years. Should any changes to form
FV–6 become necessary in the future,
they would be submitted to OMB for
approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
importers or receivers of commodities
exempt from 8e regulations. As with all
import regulations, reports and forms
are periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. In addition, USDA has
not identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
Further, importers are already familiar
with the long-existing process and
requirement to file FV–6 forms for
commodities exempt from 8e
regulations. Also, the import trade is
fully aware of the ITDS initiative, which
is designed to streamline and automate
the filing of import shipment data.
Comments on the interim rule were
required to be received on or before
February 3, 2017. No comments were
received. Therefore, for the reasons
given in the interim rule, we are
adopting the interim rule as a final rule,
without change.
To view the interim rule, go to:
https://www.regulations.gov/
document?D=AMS-SC-16-0083-0001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, 13175,
and 13563; the Paperwork Reduction
Act (44 U.S.C. Chapter 35); and the EGov Act (44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (81 FR 87409, December 5,
2016) will tend to effectuate the
declared policy of the Act.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
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.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
24001
PARTS 944, 980, AND 999—
[AMENDED]
Accordingly, the interim rule that
amended 7 CFR parts 944, 980, and 999
that was published at 81 FR 87409 on
December 5, 2016, is adopted as a final
rule, without change.
■
Dated: May 19, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2017–10678 Filed 5–24–17; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. No. AMS–SC–16–0107; SC17–985–1
FR]
Marketing Order Regulating the
Handling of Spearmint Oil Produced in
the Far West; Salable Quantities and
Allotment Percentages for the 2017–
2018 Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule implements a
recommendation from the Far West
Spearmint Oil Administrative
Committee (Committee) to establish the
quantity of spearmint oil produced in
the Far West, by class, that handlers
may purchase from, or handle on behalf
of, producers during the 2017–2018
marketing year, which begins on June 1,
2017. The Far West production area
includes the states of Washington,
Idaho, Oregon, and designated parts of
Nevada and Utah. The Committee
locally administers the marketing order
and is comprised of spearmint oil
producers operating within the area of
production. This action establishes
salable quantities and allotment
percentages for Class 1 (Scotch)
spearmint oil of 774,645 pounds and 36
percent, respectively, and for Class 3
(Native) spearmint oil of 1,075,051
pounds and 44 percent, respectively.
The Committee recommended these
salable quantities and allotment
percentages to help maintain stability in
the spearmint oil market.
DATES: Effective May 26, 2017.
FOR FURTHER INFORMATION CONTACT: Dale
Novotny, Marketing Specialist, or Gary
Olson, Regional Director, Northwest
Marketing Field Office, Marketing Order
and Agreement Division, Specialty
Crops Program, AMS, USDA;
SUMMARY:
E:\FR\FM\25MYR1.SGM
25MYR1
]]>Agencies
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 23999-24001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10678]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 944, 980, and 999
[Doc. No. AMS-SC-16-0083; SC16-944/980/999-1 FIR]
Changes to Reporting and Notification Requirements and Other
Clarifying Changes for Imported Fruits, Vegetables, and Specialty Crops
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of the interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that updated reporting and
notification requirements associated with, and made clarifying changes
to, the fruit, vegetable, and specialty crop import regulations for
certain commodities regulated under section 608(e) (hereinafter
referred to as ``8e'') of the Agricultural Marketing Agreement Act of
1937. The interim rule shifted the exempt reporting requirement for
imported tomatoes destined for noncommercial outlets for experimental
purposes from the tomato import regulations to the safeguard procedures
section of the vegetable import regulations. In addition, the pistachio
import regulations were updated by removing reference to a paper-based
notification of entry process. Other administrative changes were made
to several of the 8e regulations to replace outdated information. These
changes to the import regulations support the International Trade Data
System (ITDS), a system that streamlines and automates the filing of
import and export information by the trade.
DATES: Effective May 30, 2017.
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 obtain information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
[[Page 24000]]
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 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 and other related functions (such as commodity
sampling) on those imported commodities and to certify whether these
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. These parts
also list the imported commodities that may be exempt from grade, size,
quality, and/or maturity requirements when imported for specific
purposes (such as processing, donation to charitable organizations, or
livestock feed). Additionally, these parts specify the form importers
must use to report to USDA and the U.S. Customs and Border Protection
(CBP) imports of commodities exempt from 8e regulations.
USDA is issuing this rule in conformance with Executive Orders
12866, 13771, 13563, and 13175.
This rule continues in effect an interim rule clarifying change to
part 980, the vegetable import regulations. The interim rule moved the
procedure for filing an exempt commodity form for tomatoes destined for
noncommercial outlets for experimental purposes from Sec. 980.212 of
the tomato import regulations to Sec. 980.501 of the vegetable
safeguard procedures import regulations. This change removed reference
to a form that does not exist for imports and made the safeguard
regulations consistent for all imported vegetables that are exempt from
8e regulations.
This rule also continues in effect the change to Sec. 999.600 of
the pistachio import regulations that removed the reference to a paper-
based notification of entry process, known in the industry as the
``stamp and fax'' process. This paper-based process was replaced by an
electronic filing requirement that was developed to comply with the
International Trade Data System (ITDS) and was specified within the
USDA's Agricultural Marketing Service (AMS) Specialty Crops Inspection
Division's regulations in an interim rule published in the Federal
Register on December 21, 2016 (81 FR 93571). Removing this outdated
information streamlines the regulations and provides consistency among
the specialty crop import regulations.
This rule also continues in effect other minor administrative
changes to Sec. Sec. 944.401, 999.1, and 999.600 of the fruit and
specialty crop import regulations. These changes, which include
updating agency and program names and removing or updating other
information that was duplicative or out of date, helps ensure the
import regulations contain accurate information and align with the ITDS
objective of streamlining import processes for the trade.
AMS has determined that these changes to the fruit, vegetable, and
specialty crop import regulations meet CBP's requirements for ITDS by
shifting an exempt-tomato reporting requirement to the proper safeguard
procedures section of the vegetable import regulations. These
regulations were revised in 2015 to provide an electronic filing
option; streamline an entry notification process for imported
pistachios; and remove or revise duplicative or outdated information.
These changes help reduce the burden on America's import trade without
compromising AMS' ability to ensure compliance with its import
regulations.
In an interim rule published in the Federal Register on December 5,
2016, and effective on December 8, 2016 (81 FR 87409, Doc. No. AMS-SC-
164-0083, SC16-944/980/999-1 IR), clarifying changes were made to part
980 by moving the exempt-use reporting requirements for tomatoes
destined for noncommercial outlets for experimental purposes from Sec.
980.212 (tomato import regulations) to Sec. 980.501 (safeguard
procedures section for imported vegetables).
In addition, Sec. 999.600(d) of the pistachio import regulations
was revised to remove the paper-based ``stamp and fax'' process, which
has been replaced by an electronic process that importers now use to
notify AMS of an initial request for inspection.
Finally, several administrative changes were made to various
sections in parts 944 and 999 (the fruit and specialty crop import
regulations, respectively). First, the USDA agency and program names
were updated, where needed. Second, Sec. Sec. 944.401(e) (olives) and
999.1(c)(1) (dates) were changed by simplifying the language regarding
the requirement that importers provide USDA inspectors with identifying
information about each lot being inspected. Finally, Sec. 999.1(e)
(dates) was updated by removing a paragraph titled ``importation,''
because it contained redundant and incomplete information about filing
inspection or exemption documents with CBP.
Executive Orders 12866 and 13771, and Final Regulatory Flexibility
Analysis
This rule does not meet the definition of a significant regulatory
action contained in section 3(f) of Executive Order 12866, and is not
subject to review by the Office of Management and Budget (OMB).
Additionally, because this rule does not meet the definition of a
significant regulatory action it does not trigger the requirements
contained in Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs' '' (February 2, 2017). Pursuant to requirements set forth in the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered
the economic impact of this action on small entities. Accordingly, AMS
has prepared this final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened.
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).
Based on 2015 reporting, USDA estimates that there were two
importers and two receivers of tomatoes that were exempt from 8e
requirements. Although USDA does not have access to data about the
business sizes of these importers and receivers, it is likely that the
majority may be classified as large entities.
This rule continues in effect the action that moved the
requirements for reporting imported tomatoes destined for noncommercial
outlets for experimental purposes, which are exempt from 8e
regulations, from the tomato import regulations to the safeguard
section of the vegetable import regulations. This change to the
regulations did not revise the procedures currently used by importers
and receivers of exempt tomatoes;
[[Page 24001]]
instead, it shifted the outdated requirements contained in Sec.
980.212 to the more appropriate safeguard procedures section in Sec.
980.501. Most importers and receivers already file FV-6 forms
electronically with AMS, while some paper forms are still submitted to
AMS. In 2015, AMS estimates it received five electronic FV-6 forms and
no paper FV-6 forms for approximately 14,900 pounds of exempt tomatoes.
As part of the full implementation of ITDS, importers and receivers
report exempt shipments through CBP's Automated Commercial Environment
(ACE) system and AMS' Compliance and Enforcement Management System
(CEMS). CEMS was developed by AMS to replace AMS' Marketing Order
Online System (MOLS), an online system that was used from its
implementation in 2008 until it was replaced by CEMS in 2016. An
affirmation of interim rule as final rule was published in the Federal
Register on June 25, 2015, (80 FR 36465) that provided for the
electronic submission of FV-6 forms, a practice that has existed since
MOLS was implemented in 2008 but was not reflected in the regulations.
This action imposes no additional burden on importers and receivers of
exempt tomatoes.
Regarding alternatives to this action, AMS determined that these
changes to the regulations were needed to comply with ITDS
requirements. Moving an outdated, paper-based exempt form-filing
requirement from the import tomato regulations to the safeguard section
of the vegetable import regulations standardized the regulations and
properly provided for the current requirement of filing a paper or
electronic form FV-6, which benefits importers and receivers who import
these exempt tomatoes. In addition, changing the pistachio regulations
by removing the paper-based ``stamp and fax'' requirement streamlined
the regulations and reduced the burden on the trade. The other
administrative changes made in the interim rule provided the import
trade with accurate information.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements for the form FV-6
(for commodities exempt from 8e requirements) have been previously
approved by OMB and assigned OMB No. 0581-0167 (Specific Commodities
Imported into United States Exempt From Import Regulations). No changes
in the requirements for the FV-6 form as a result of this action are
necessary. The shift of the requirements for exempt-use filings from
the tomato import regulations to the safeguard section for imported
vegetables was administrative in nature and did not change the practice
that has existed for many years. Should any changes to form FV-6 become
necessary in the future, they would be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large importers or receivers of
commodities exempt from 8e regulations. As with all import regulations,
reports and forms are periodically reviewed to reduce information
requirements and duplication by industry and public sector agencies. In
addition, USDA has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this rule.
Further, importers are already familiar with the long-existing
process and requirement to file FV-6 forms for commodities exempt from
8e regulations. Also, the import trade is fully aware of the ITDS
initiative, which is designed to streamline and automate the filing of
import shipment data.
Comments on the interim rule were required to be received on or
before February 3, 2017. No comments were received. Therefore, for the
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-16-0083-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866, 12988, 13175, and 13563; the
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (81 FR 87409, December 5, 2016) will tend to
effectuate the declared policy of the Act.
List of Subjects
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, 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.
PARTS 944, 980, AND 999--[AMENDED]
0
Accordingly, the interim rule that amended 7 CFR parts 944, 980, and
999 that was published at 81 FR 87409 on December 5, 2016, is adopted
as a final rule, without change.
Dated: May 19, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-10678 Filed 5-24-17; 8:45 am]
BILLING CODE 3410-02-P
