Notice of Request for Information (RFI) Inviting Input on the Sugar Re-Export Programs, 54449-54451 [2022-19134]

Download as PDF 54449 Notices Federal Register Vol. 87, No. 171 Tuesday, September 6, 2022 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. Public Availability of FY 2020 Service Contract Inventory Office of Contracting and Procurement, Departmental Administration, Office of the Secretary, Department of Agriculture. AGENCY: Notice of public availability FY 2020 Service Contract Inventories. ACTION: In accordance with Division C of the Consolidated Appropriations Act of 2010, the Department of Agriculture is publishing this notice to advise the public of access to the FY 2019 Service Contract Inventory. This inventory provides information on FY 2020 Service Contract actions with a dollar value over $25,000. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory was developed in accordance with guidance issued on September 7, 2018, by the Office of Management and Budget (OMB), Office of Federal Procurement Policy (OFPP). The Department of Agriculture has posted its inventory at the Office of Contracting and Procurement homepage. The 2020 inventory is accessible at the following link: Service Contract Inventories | USDA. SUMMARY: FOR FURTHER INFORMATION CONTACT: jspears on DSK121TN23PROD with NOTICES Contact Curt Brown, Office of Contracting & Procurement, at (202) 309–0929, or Curt.Brown@usda.gov with questions, comments, or additional information request. Signed in Washington, DC. Tiffany Taylor, Director, Office of Contracting & Procurement. BILLING CODE 3410–T–P Foreign Agricultural Service Notice of Request for Information (RFI) Inviting Input on the Sugar Re-Export Programs AGENCY: Foreign Agricultural Service, USDA. ACTION: DEPARTMENT OF AGRICULTURE [FR Doc. 2022–19173 Filed 9–2–22; 8:45 am] DEPARTMENT OF AGRICULTURE Request for information. The Foreign Agricultural Service (FAS) of the U.S. Department of Agriculture is requesting public comments from interested parties on administration of the Sugar Re-Export Programs, which include the Refined Sugar Re-Export Program, the Sugar Containing Products Re-Export Program, and the Polyhydric Alcohol Program. This request for information (RFI) seeks voluntary comment from interested stakeholders and members of the public on these re-export programs. SUMMARY: Comments on this notice must be received by November 7, 2022 to be assured of consideration. DATES: USDA invites submission of comments through one of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Email: FAS will accept electronic comments emailed to FAS.Sugars@ usda.gov. The email should contain the subject line, ‘‘Response to RFI: Inviting Input on the Sugar Re-Export Programs’’. Instructions: Response to this RFI is voluntary. All comments submitted in response to this RFI will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. USDA will make the comments publicly available via https://www.regulations.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: William Janis, U.S. Department of Agriculture, Foreign Agricultural Service, telephone 202–720–2194, email FAS.Sugars@usda.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:04 Sep 02, 2022 Jkt 256001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Background Sugar Re-Export Programs Pursuant to Additional U.S. Note 6 to chapter 17 of the Harmonized Tariff Schedule of the United States (HTSUS), FAS administers and manages three inter-related programs in the sugar market: the Refined Sugar Re-Export Program, the Sugar Containing Products Re-Export Program, and the Polyhydric Alcohol Program (collectively ‘‘Sugar Re-Export Programs’’) (7 CFR part 1530). FAS issues licenses to qualified sugar refiners, manufacturers of sugarcontaining products (SCP), and producers of polyhydric alcohol not for human consumption that apply for these programs. Under the Refined Sugar Re-Export Program, USDA issues licenses to sugar refiners to import low-duty raw sugar unrestricted by the raw sugar TRQ provided for in Additional U.S. Note 5(a)(i) in chapter 17 of the HTSUS and exempt from the requirement that imports be accompanied by a Certificate for Quota Eligibility (CQE) issued to the foreign exporter in accordance with 15 CFR part 2011. An equivalent quantity of domestically produced refined sugar must either be exported by the licensee or provided by the licensee to licensed U.S. manufacturers for use in exported SCP or licensed producers for use in polyhydric alcohol for non-food purposes. Under the Sugar-Containing Products Re-Export Program, USDA issues licenses to U.S. manufacturers of SCP to purchase refined sugar from refiners with refined sugar re-export licenses for use in SCP to be exported to the world market. Under the Polyhydric Alcohol Program, USDA issues licenses to U.S. producers of polyhydric alcohols to purchase refined sugar from refiners with refined sugar re-export licenses for use in the production of polyhydric alcohols, except polyhydric alcohols used as a substitute for sugar in human food consumption. By statute, ‘‘for purposes of Additional U.S. Note 6 to chapter 17 of the Harmonized Tariff Schedule of the United States and the reexport programs and polyhydric alcohol program administered by the Secretary, all refined sugars (whether derived from sugar beets or sugarcane) produced by cane sugar refineries and beet sugar processors shall be fully substitutable E:\FR\FM\06SEN1.SGM 06SEN1 54450 Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices for the export of sugar and sugarcontaining products under those programs.’’ (7 U.S.C. 7272(h)) Request for Information This RFI is a general solicitation for public comment, including from stakeholders involved directly or indirectly in the Sugar Re-Export Programs. This input will inform FAS on the public’s views of the current administration of these programs. Specific questions to which comments are requested are listed below. Respondents may provide nonconfidential input concerning any or all of these questions. We also welcome comment on any topics related to the Sugar Re-Export Programs but not covered in these questions. jspears on DSK121TN23PROD with NOTICES The Sugar Re-Export Programs 1. The Sugar Re-Export Programs regulations define ‘‘Refiner’’ to mean ‘‘any person in the U.S. Customs Territory that refines raw cane sugar through affination or defecation, clarification, and further purification by absorption or crystallization.’’ (7 CFR 1530.101). We seek the public’s views on this definition. a. What role does ‘‘absorption’’ play, if any, within the sugar refining purification process? In particular, please comment on what production steps ‘‘absorption’’ entails and whether and how it is possible for a refiner to purify raw cane sugar by using absorption as part of the sugar refining purification process. Please provide any relevant accredited standards, international standards, or other scientific guides, or links thereto. b. What role does ‘‘adsorption’’ play, if any, within the sugar refining purification process. In particular, please comment on what production steps ‘‘adsorption’’ entails and whether and how it is possible for a refiner to purify raw cane sugar by using adsorption as part of the sugar refining purification process. Please provide any relevant accredited standards, international standards, or other scientific guides, or links thereto. c. Is it possible to use both absorption and adsorption during the sugar refining purification process? When and in what context? Please explain and provide any relevant accredited standards, international standards, or other scientific guides, or links thereto. d. Should sugar refining be redefined to include purification by ‘‘adsorption and crystallization’’ rather than ‘‘absorption or crystallization’’? Please explain and provide any relevant accredited standards, international VerDate Sep<11>2014 20:04 Sep 02, 2022 Jkt 256001 standards, or other scientific guides, or links thereto. e. To account for future technological advancements in refining sugar, should a performance-driven definition replace the current process-based definition of refiner? If so, please describe your recommended approach or performance-based definition and any relevant accredited standards, international standards, or other scientific guides, or links thereto. One example of a performance-driven definition is: ‘‘Refiner means any entity that increases the polarity of raw cane sugar for further processing from less than 99.5 to 99.8 (99.86% sucrose by volume) or more, determined on a dry basis, and produces sugar with ICUMSA Color Units of 45 or lower.’’ 2. Pursuant to 7 CFR 1530.105(m) and 7 CFR 1530.113, the Licensing Authority has waived paragraph (k) of section 1530.105, which requires that a licensee must retain ownership for the product until exported from the U.S. Customs Territory. This waiver is available at https://www.fas.usda.gov/ programs/sugar-import-program/sugarre-export-program-waivers-issuedjanuary-14-2002. Under this waiver, licensed refiners and manufacturers may sell refined sugar and SCP to a U.S. order party (e.g., a broker, wholesaler/ distributor), who has arranged for the sale and export of the merchandise to a foreign buyer, or to a foreign entity in the United States, who has purchased the merchandise for export (‘‘third party exporters’’). a. Please comment on the extent to which licensed refiners and manufacturers use third party exporters. b. Please provide your views on the benefits of or issues raised by this activity, if any. 3. Pursuant to 7 CFR 1530.105(m) and 7 CFR 1530.113, the Licensing Authority has waived paragraph (l) of section 1530.105, which prohibits a refiner from assigning its license without the written permission of the Licensing Authority, and the definitions of ‘‘transfer’’ and ‘‘date of transfer’’ in section 1530.101 whereby a ‘‘transfer’’ requires the transfer of legal title of the program sugar from a licensed refiner to a licensed SCP manufacturer or polyhydric alcohol producer. These waivers are available at https:// www.fas.usda.gov/programs/sugarimport-program/sugar-re-exportprogram-waivers-issued-january-142002. Under the waivers, an SCP manufacturer or polyhydric producer may purchase raw cane sugar in foreign markets and import it using a refiner’s license under the Refined Sugar Reexport Program. The SCP manufacturer PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 or polyhydric alcohol producer may maintain legal title of the imported sugar throughout the entire process, from importation as raw cane sugar, through refining, and final transfer to the license of the SCP manufacturer or polyhydric alcohol producer. This practice has become known as ‘‘toll refining.’’ a. Please comment on the extent to which licensees are engaging in toll refining. b. Please provide your views on the benefits of or issues raised by toll refining, if any. 4. Pursuant to section 1530.113, the Licensing Authority has waived the definition of ‘‘refined sugar’’ in section 1530.101, which provided that ‘‘Refined sugar means any product that is produced by a refiner by refining raw cane sugar and that can be marketed as commercial, industrial or retail sugar.’’ The Licensing Authority redefined ‘‘refined sugar’’ to mean ‘‘sugar whose content of sucrose by weight, in a dry state, corresponds to a polarimeter reading of 99.5 degrees or more, or any brown sugar regardless of polarity manufactured from refined sugar.’’ The waiver and definition are available at https://www.fas.usda.gov/programs/ sugar-import-program/sugar-re-exportprogram-waivers-issued-january-142002. Please provide your views on this definition of ‘‘refined sugar.’’ 5. Do you have any other comments, concerns or suggested improvements regarding the Sugar Re-export Programs? Any information obtained from this RFI is intended to be used by the Government on a non-attribution basis for reviewing operation of the Sugar ReExport Programs. This RFI does not constitute a formal solicitation for proposals or abstracts. Your response to this notice will be treated as information only. FAS will not reimburse any costs incurred in responding to this RFI. Respondents are advised that FAS is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted under this RFI. Responses to this RFI do not bind FAS to any further actions related to this topic. Responses will become government property. No confidential information, such as confidential business information or proprietary information, should be submitted in comments for this RFI. Comments received in response to this notice will be a matter of public record and will be made available for public inspection and posted without change and as received, including any business information or personal information provided in the comments, such as E:\FR\FM\06SEN1.SGM 06SEN1 Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices names and addresses. Please do not include anything in your comment submission that you do not wish to share with the general public. Aileen Mannix, Acting Licensing Authority, Foreign Agricultural Service. [FR Doc. 2022–19134 Filed 9–2–22; 8:45 am] BILLING CODE 3410–10–P DEPARTMENT OF AGRICULTURE Forest Service Notice of Proposed New Fee Sites Forest Service, Agriculture (USDA). ACTION: Notice of proposed new fee sites. AGENCY: The Mt. Baker-Snoqualmie National Forest is proposing to charge new fees at multiple recreation sites listed in SUPPLEMENTARY INFORMATION of this notice. Funds from fees would be used for operation, maintenance, and improvements of these recreation sites. Many sites have recently been reconstructed or amenities are being added to improve services and experiences. An analysis of nearby developed recreation sites with similar amenities shows the proposed fees are reasonable and typical of similar sites in the area. DATES: If approved, the new fee would be implemented no earlier than six months following the publication of this notice in the Federal Register. ADDRESSES: Mt. Baker-Snoqualmie National Forest, 2930 Wetmore Avenue, Suite 3A, Everett, Washington 98201. FOR FURTHER INFORMATION CONTACT: Amy Linn, Recreation Program Manager, 503–307–7002 or amy.linn@ usda.gov. SUMMARY: The Federal Lands Recreation Enhancement Act (Title VII, Pub. L. 108–447) directed the Secretary of Agriculture to publish a six-month advance notice in the Federal Register whenever new recreation fee areas are established. The fees are only proposed at this time and will be determined upon further analysis and public comment. Reasonable fees, paid by users of these sites, will help ensure that the Forest can continue maintaining and improving recreation sites like this for future generations. As part of this proposal, the Evans Creek, Lower Sandy, and Ranger Creek Campgrounds are proposed at $20 per night. The Evans Creek and Ranger Creek group campgrounds are proposed jspears on DSK121TN23PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:04 Sep 02, 2022 Jkt 256001 at $75 per night with group sizes of 40 and 70 people respectively. A $5 dayuse fee per vehicle is proposed at Beaver Lake, Cable Drop, Camp Brown, Deception Falls, Dingford Creek, Frog Mountain, Garfield Ledges, Government Meadows Horse Camp, Jennifer Dunn, Lonesome Lake, Pratt Bar, Sauk Mountain, and White Chuck Overlook Day use areas. Lower Sauk, Marblemount, Old Sauk Universal Access, and White Chuck boat launches would be added to improve services and facilities. The Northwest Forest Pass and the full suite of Interagency passes would be honored. New fees would provide increased visitor opportunities, as well as increased staffing to address operations and maintenance needs that are intended to enhance customer service. Once public involvement is complete, these new fees will be reviewed by a Recreation Resource Advisory Committee prior to a final decision and implementation. Advanced reservations for campgrounds and group sites will be available through www.recreation.gov or by calling 1–877–444–6777. The reservation service charges an $8.00 fee for reservations. Dated: August 30, 2022. Sandra Watts, Acting Associate Deputy Chief, National Forest System. [FR Doc. 2022–19186 Filed 9–2–22; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF AGRICULTURE Forest Service Notice of Proposed New Fee Sites Forest Service, Agriculture (USDA). ACTION: Notice of proposed new fee sites. AGENCY: The Mt. Hood National Forest is proposing to charge new fees at multiple recreation sites listed in SUPPLEMENTARY INFORMATION of this notice. Funds from fees would be used for operation, maintenance, and improvements of these recreation sites. Many sites have recently been reconstructed or amenities are being added to improve services and experiences. An analysis of nearby developed recreation sites with similar amenities shows the proposed fees are reasonable and typical of similar sites in the area. DATES: If approved, the new fee would be implemented no earlier than six SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 54451 months following the publication of this notice in the Federal Register. Mt. Hood National Forest, 16400 Champion Way, Sandy, OR 97055. ADDRESSES: Mt. Hood National Forest, Headquarters, 16400 Champion Way, Sandy, OR 97055 or (503) 668–1700. FOR FURTHER INFORMATION CONTACT: The Federal Lands Recreation Enhancement Act (title VII, Pub. L. 108–447) directed the Secretary of Agriculture to publish a six-month advance notice in the Federal Register whenever new recreation fee areas are established. The fees are only proposed at this time and will be determined upon further analysis and public comment. Reasonable fees, paid by users of these sites, will help ensure that the Forest can continue maintaining and improving recreation sites like this for future generations. As part of this proposal, the Two Rivers, Polallie, Little John Sno-Park, Keeps Mill, Badger Lake, Bonney Meadows, Fifteen Mile, Underhill, Little Badger and White River Station Campgrounds are proposed at $10 per night. In addition, this proposal would implement new fees at one recreation rental: Trillium Yurt, proposed at $100 a night. A proposed $5 per vehicle dayuse fee at Lolo Pass, East Fork, Fifteen Mile, Badger Lake, Little Badger, Bonney Meadows, and Underhill Trailheads; Little Fan Creek and Peg Leg picnic sites; and Rock Creek, McCubbins Day Use, and La Dee Flat Off-Highway Vehicle (OHV) Staging Area would be added to improve services and facilities. The full suite of Interagency passes would be honored. A new special recreation climbing permit: Mt. Hood Climbing Permit is being proposed at $20 per person for a twoday permit with a $100 annual pass also available. New fees would provide increased visitor opportunities, as well as increased staffing to address operations and maintenance needs that are intended to enhance customer service. Once public involvement is complete, these new fees will be reviewed by a Recreation Resource Advisory Committee prior to a final decision and implementation. Advanced reservations for the campgrounds and the yurt will be available through www.recreation.gov or by calling 1–877–444–6777. The reservation service charges an $8.00 fee for reservations. SUPPLEMENTARY INFORMATION: E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54449-54451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19134]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Notice of Request for Information (RFI) Inviting Input on the 
Sugar Re-Export Programs

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Request for information.

-----------------------------------------------------------------------

SUMMARY: The Foreign Agricultural Service (FAS) of the U.S. Department 
of Agriculture is requesting public comments from interested parties on 
administration of the Sugar Re-Export Programs, which include the 
Refined Sugar Re-Export Program, the Sugar Containing Products Re-
Export Program, and the Polyhydric Alcohol Program. This request for 
information (RFI) seeks voluntary comment from interested stakeholders 
and members of the public on these re-export programs.

DATES: Comments on this notice must be received by November 7, 2022 to 
be assured of consideration.

ADDRESSES: USDA invites submission of comments through one of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Email: FAS will accept electronic comments emailed to 
[email protected]. The email should contain the subject line, 
``Response to RFI: Inviting Input on the Sugar Re-Export Programs''.
    Instructions: Response to this RFI is voluntary. All comments 
submitted in response to this RFI will be included in the record and 
will be made available to the public. Please be advised that the 
substance of the comments and the identity of the individuals or 
entities submitting the comments will be subject to public disclosure. 
USDA will make the comments publicly available via https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: William Janis, U.S. Department of 
Agriculture, Foreign Agricultural Service, telephone 202-720-2194, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

Sugar Re-Export Programs

    Pursuant to Additional U.S. Note 6 to chapter 17 of the Harmonized 
Tariff Schedule of the United States (HTSUS), FAS administers and 
manages three inter-related programs in the sugar market: the Refined 
Sugar Re-Export Program, the Sugar Containing Products Re-Export 
Program, and the Polyhydric Alcohol Program (collectively ``Sugar Re-
Export Programs'') (7 CFR part 1530). FAS issues licenses to qualified 
sugar refiners, manufacturers of sugar-containing products (SCP), and 
producers of polyhydric alcohol not for human consumption that apply 
for these programs.
    Under the Refined Sugar Re-Export Program, USDA issues licenses to 
sugar refiners to import low-duty raw sugar unrestricted by the raw 
sugar TRQ provided for in Additional U.S. Note 5(a)(i) in chapter 17 of 
the HTSUS and exempt from the requirement that imports be accompanied 
by a Certificate for Quota Eligibility (CQE) issued to the foreign 
exporter in accordance with 15 CFR part 2011. An equivalent quantity of 
domestically produced refined sugar must either be exported by the 
licensee or provided by the licensee to licensed U.S. manufacturers for 
use in exported SCP or licensed producers for use in polyhydric alcohol 
for non-food purposes.
    Under the Sugar-Containing Products Re-Export Program, USDA issues 
licenses to U.S. manufacturers of SCP to purchase refined sugar from 
refiners with refined sugar re-export licenses for use in SCP to be 
exported to the world market.
    Under the Polyhydric Alcohol Program, USDA issues licenses to U.S. 
producers of polyhydric alcohols to purchase refined sugar from 
refiners with refined sugar re-export licenses for use in the 
production of polyhydric alcohols, except polyhydric alcohols used as a 
substitute for sugar in human food consumption.
    By statute, ``for purposes of Additional U.S. Note 6 to chapter 17 
of the Harmonized Tariff Schedule of the United States and the reexport 
programs and polyhydric alcohol program administered by the Secretary, 
all refined sugars (whether derived from sugar beets or sugarcane) 
produced by cane sugar refineries and beet sugar processors shall be 
fully substitutable

[[Page 54450]]

for the export of sugar and sugar-containing products under those 
programs.'' (7 U.S.C. 7272(h))

Request for Information

    This RFI is a general solicitation for public comment, including 
from stakeholders involved directly or indirectly in the Sugar Re-
Export Programs. This input will inform FAS on the public's views of 
the current administration of these programs. Specific questions to 
which comments are requested are listed below. Respondents may provide 
non-confidential input concerning any or all of these questions. We 
also welcome comment on any topics related to the Sugar Re-Export 
Programs but not covered in these questions.

The Sugar Re-Export Programs

    1. The Sugar Re-Export Programs regulations define ``Refiner'' to 
mean ``any person in the U.S. Customs Territory that refines raw cane 
sugar through affination or defecation, clarification, and further 
purification by absorption or crystallization.'' (7 CFR 1530.101). We 
seek the public's views on this definition.
    a. What role does ``absorption'' play, if any, within the sugar 
refining purification process? In particular, please comment on what 
production steps ``absorption'' entails and whether and how it is 
possible for a refiner to purify raw cane sugar by using absorption as 
part of the sugar refining purification process. Please provide any 
relevant accredited standards, international standards, or other 
scientific guides, or links thereto.
    b. What role does ``adsorption'' play, if any, within the sugar 
refining purification process. In particular, please comment on what 
production steps ``adsorption'' entails and whether and how it is 
possible for a refiner to purify raw cane sugar by using adsorption as 
part of the sugar refining purification process. Please provide any 
relevant accredited standards, international standards, or other 
scientific guides, or links thereto.
    c. Is it possible to use both absorption and adsorption during the 
sugar refining purification process? When and in what context? Please 
explain and provide any relevant accredited standards, international 
standards, or other scientific guides, or links thereto.
    d. Should sugar refining be redefined to include purification by 
``adsorption and crystallization'' rather than ``absorption or 
crystallization''? Please explain and provide any relevant accredited 
standards, international standards, or other scientific guides, or 
links thereto.
    e. To account for future technological advancements in refining 
sugar, should a performance-driven definition replace the current 
process-based definition of refiner? If so, please describe your 
recommended approach or performance-based definition and any relevant 
accredited standards, international standards, or other scientific 
guides, or links thereto. One example of a performance-driven 
definition is: ``Refiner means any entity that increases the polarity 
of raw cane sugar for further processing from less than 99.5 to 99.8 
(99.86% sucrose by volume) or more, determined on a dry basis, and 
produces sugar with ICUMSA Color Units of 45 or lower.''
    2. Pursuant to 7 CFR 1530.105(m) and 7 CFR 1530.113, the Licensing 
Authority has waived paragraph (k) of section 1530.105, which requires 
that a licensee must retain ownership for the product until exported 
from the U.S. Customs Territory. This waiver is available at https://www.fas.usda.gov/programs/sugar-import-program/sugar-re-export-program-waivers-issued-january-14-2002. Under this waiver, licensed refiners 
and manufacturers may sell refined sugar and SCP to a U.S. order party 
(e.g., a broker, wholesaler/distributor), who has arranged for the sale 
and export of the merchandise to a foreign buyer, or to a foreign 
entity in the United States, who has purchased the merchandise for 
export (``third party exporters'').
    a. Please comment on the extent to which licensed refiners and 
manufacturers use third party exporters.
    b. Please provide your views on the benefits of or issues raised by 
this activity, if any.
    3. Pursuant to 7 CFR 1530.105(m) and 7 CFR 1530.113, the Licensing 
Authority has waived paragraph (l) of section 1530.105, which prohibits 
a refiner from assigning its license without the written permission of 
the Licensing Authority, and the definitions of ``transfer'' and ``date 
of transfer'' in section 1530.101 whereby a ``transfer'' requires the 
transfer of legal title of the program sugar from a licensed refiner to 
a licensed SCP manufacturer or polyhydric alcohol producer. These 
waivers are available at https://www.fas.usda.gov/programs/sugar-import-program/sugar-re-export-program-waivers-issued-january-14-2002. 
Under the waivers, an SCP manufacturer or polyhydric producer may 
purchase raw cane sugar in foreign markets and import it using a 
refiner's license under the Refined Sugar Re-export Program. The SCP 
manufacturer or polyhydric alcohol producer may maintain legal title of 
the imported sugar throughout the entire process, from importation as 
raw cane sugar, through refining, and final transfer to the license of 
the SCP manufacturer or polyhydric alcohol producer. This practice has 
become known as ``toll refining.''
    a. Please comment on the extent to which licensees are engaging in 
toll refining.
    b. Please provide your views on the benefits of or issues raised by 
toll refining, if any.
    4. Pursuant to section 1530.113, the Licensing Authority has waived 
the definition of ``refined sugar'' in section 1530.101, which provided 
that ``Refined sugar means any product that is produced by a refiner by 
refining raw cane sugar and that can be marketed as commercial, 
industrial or retail sugar.'' The Licensing Authority redefined 
``refined sugar'' to mean ``sugar whose content of sucrose by weight, 
in a dry state, corresponds to a polarimeter reading of 99.5 degrees or 
more, or any brown sugar regardless of polarity manufactured from 
refined sugar.'' The waiver and definition are available at https://www.fas.usda.gov/programs/sugar-import-program/sugar-re-export-program-waivers-issued-january-14-2002. Please provide your views on this 
definition of ``refined sugar.''
    5. Do you have any other comments, concerns or suggested 
improvements regarding the Sugar Re-export Programs?
    Any information obtained from this RFI is intended to be used by 
the Government on a non-attribution basis for reviewing operation of 
the Sugar Re-Export Programs. This RFI does not constitute a formal 
solicitation for proposals or abstracts. Your response to this notice 
will be treated as information only. FAS will not reimburse any costs 
incurred in responding to this RFI. Respondents are advised that FAS is 
under no obligation to acknowledge receipt of the information received 
or provide feedback to respondents with respect to any information 
submitted under this RFI. Responses to this RFI do not bind FAS to any 
further actions related to this topic. Responses will become government 
property.
    No confidential information, such as confidential business 
information or proprietary information, should be submitted in comments 
for this RFI. Comments received in response to this notice will be a 
matter of public record and will be made available for public 
inspection and posted without change and as received, including any 
business information or personal information provided in the comments, 
such as

[[Page 54451]]

names and addresses. Please do not include anything in your comment 
submission that you do not wish to share with the general public.

Aileen Mannix,
Acting Licensing Authority, Foreign Agricultural Service.
[FR Doc. 2022-19134 Filed 9-2-22; 8:45 am]
BILLING CODE 3410-10-P

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