This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

18765 

Vol. 79, No. 65 

Friday, April 4, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 33 

[Doc. No. AMS–FV–14–0022; FV14–33–1 IR] 

Regulations Issued Under the Export 

Apple Act; Exempting Bulk Shipments 

to Canada From Minimum 

Requirements and Inspection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This interim rule revises the 

regulations issued under the Export 

Apple Act to exempt bulk shipments of 

apples to Canada from the minimum 

requirements and inspection provisions 

of the Export Apple Act, and to add a 

definition for bulk containers. The rule 

is necessary because section 10009 of 

the Agricultural Act of 2014 amended 

the Export Apple Act to exempt apples 

shipped to Canada in bulk containers 

weighing more than 100 pounds from 

inspection requirements. 

DATES: Effective April 7, 2014; 

comments received by June 3, 2014 will 

be considered prior to issuance of a final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

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: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Regional 

Director, Southeast Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or Email: 

Jennie.Varela@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Section 

10009 of the Agricultural Act of 2014 

amended section 4 of the Export Apple 

Act (7 U.S.C. 584) to add an exemption 

for apples shipped to Canada in bulk 

containers, and add a definition for bulk 

container to section 9 of the Export 

Apple Act (7 U.S.C. 589). 

The Export Apple Act (Act) promotes 

the foreign trade of U.S. grown apples 

by authorizing the implementation of 

regulations with minimum quality, 

container marking, and inspection 

requirements. These amendments to the 

Act require amendments to the 

regulations in 7 CFR part 33. 

Sections 33.10 and 33.11 of the 

regulations require, in part, that apples 

shipped to any foreign destination must 

meet minimum requirements and be 

inspected by the Federal or FederalState Inspection Service. Section 33.12 

specifies apples not subject to 

regulation. 

This rule implements the 

amendments to the Act by adding a new 

§ 33.8 (Bulk container) under 

‘‘Definitions’’ to define a bulk container 

as a container that contains a quantity 

of apples weighing more than 100 

pounds. This action also revises § 33.12 

by adding an additional paragraph 

exempting bulk shipments to Canada 

from all requirements under this part. 

Thus, any bulk container of apples 

being shipped to Canada is exempt from 

the minimum requirements and 

inspection provisions. Inspection would 

still be required for apples shipped in 

containers of less than 100 pounds that 

are not otherwise exempt. 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This action has 

been designated as a ‘‘non-significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments. The review reveals that 

this regulation would not have 

substantial and direct effects on Tribal 

governments and would not have 

significant Tribal implications. 

Executive Order 12988 

This interim rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect and shall not 

abrogate nor nullify any other statute, 

whether State or Federal, dealing with 

the same subjects as this Act; but is 

intended that all such statutes shall 

remain in full force and effect except in 

so far as they are inconsistent herewith 

or repugnant hereto (7 U.S.C. 587). 

The Act provides administrative 

proceedings that must be exhausted 

before parties may file suit in court. 

Pursuant to 7 U.S.C. 586 and sections 

33.13 and 33.14 of the regulations, any 

person subject to the Act may file with 

USDA a request for hearing, along with 

a written responsive answer to alleged 

violations of the provisions of the Act 

and regulations, no later than 10 days 

after service of notice of alleged 

violations, and is afforded the 

opportunity for a hearing on said 

request. After opportunity for hearing, 

the Secretary is authorized to refuse the 

issuance of certificates under this Act 

for periods not exceeding 90 days. 


TKELLEY on DSK3SPTVN1PROD with RULES
18766 Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations 

1 15 U.S.C. 70 et seq. 

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, 

including shippers, exporters, and 

carriers, are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$7,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000 

(13 CFR 121.201). 

The industry estimates there are 

approximately 7,500 apple producers in 

the U.S. The National Agricultural 

Statistics Service reports the 2012 apple 

crop was valued at nearly $3.1 billion. 

Assuming a normal distribution, most 

apple producers can be classified as 

small entities. According to industry 

statistics, there are approximately 60 

apple exporters subject to regulation 

under the Act. Foreign Agricultural 

Service data estimates the value of fresh 

apple exports to Canada at 

approximately $190 million. Assuming 

a normal distribution, the majority of 

apple exporters are small businesses. 

Based on the above calculations, it can 

be concluded that the majority of apple 

producers and exporters may be 

classified as small entities. 

This rule is issued under the authority 

of the Export Apple Act, as amended (7 

U.S.C. 581–590). This rule revises 

‘‘Regulations Issued Under Authority of 

the Export Apple Act’’ (7 CFR part 33). 

In accordance with the provisions of 

section 10009 of the Agricultural Act of 

2014, this action exempts apples 

shipped to Canada in bulk containers 

from the minimum requirements and 

inspection provisions issued under the 

Act. This action also adds the definition 

of ‘‘bulk container’’ as a container that 

contains a quantity of apples weighing 

more than 100 pounds. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirements have been previously 

approved by the Office of Management 

and Budget (OMB) and assigned OMB 

No. 0581–0143, (Export Fruit 

Regulations). No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

apple shippers, exporters, or carriers. 

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 interim rule. 

Interested persons are invited to 

submit comments on this interim rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. Any comments 

received will be considered prior to 

finalization of this rule. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule has to be 

implemented because of amendments 

by the Agricultural Act of 2014 to the 

Act; (2) this rule provides a 60-day 

comment period, and any comments 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 33 

Apples, Exports, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 33 is amended as 

follows: 

PART 33—REGULATIONS ISSUED 

UNDER AUTHORITY OF THE EXPORT 

APPLE ACT 

■ 1. The authority citation for 7 CFR 

part 33 continues to read as follows: 

Authority: 48 Stat. 124; 7 U.S.C. 581–590. 

■ 2. Section 33.8 is added to read as 

follows: 

§ 33.8 Bulk container. 

Bulk container means a container that 

contains a quantity of apples weighing 

more than 100 pounds. 

■ 3. In § 33.12, paragraph (d) is added to 

read as follows: 

§ 33.12 Apples not subject to regulation. 

* * * * * 

(d) Apples shipped to Canada in bulk 

containers. 

Dated: March 12, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–07543 Filed 4–3–14; 8:45 am] 

BILLING CODE P 

FEDERAL TRADE COMMISSION 

16 CFR Part 303 

Rules and Regulations Under the 

Textile Fiber Products Identification 

Act 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Final rule. 

SUMMARY: The Commission amends the 

rules and regulations under the Textile 

Fiber Products Identification Act 

(‘‘Textile Rules’’ or ‘‘Rules’’) to 

incorporate the updated International 

Organization for Standardization 

(‘‘ISO’’) standard 2076:2010(E); allow 

certain hang-tags that do not disclose 

the product’s full fiber content; better 

address electronic commerce by 

amending the definition of the terms 

‘‘invoice’’ and ‘‘invoice or other paper’’; 

update the guaranty provisions by, 

among other things, replacing the 

requirement that suppliers provide a 

guaranty signed under penalty of 

perjury with a certification, and revising 

the form used to file continuing 

guaranties with the Commission under 

the Textile, Fur, and Wool Acts 

accordingly; and clarify several other 

provisions. 

DATES: The amended Rules are effective 

on May 5, 2014. The incorporation by 

reference of the ISO standard 

2076:2010(E) is approved by the 

Director of the Federal Register as of 

May 5, 2014. 

ADDRESSES: Requests for copies of the 

amended Rules should be sent to the 

Public Reference Branch, Room 130, 

Federal Trade Commission, 

Washington, DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Robert M. Frisby, Attorney, (202) 326– 

2098, and Amanda B. Kostner, Attorney, 

(202) 326–2880, Federal Trade 

Commission, Division of Enforcement, 

Bureau of Consumer Protection, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Textile Fiber Products 

Identification Act (‘‘Textile Act’’) 1 and 


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