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[Federal Register: June 28, 2011 (Volume 76, Number 124)]
[Notices]               
[Page 37766-37767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn11-40]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FV-11-0053; FV11-944-1 NC]

 
Specified Commodities Imported Into the United States, Exempt 
From Import Regulations; Request for Extension of a Currently Approved 
Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501), this document announces the Agricultural Marketing 
Service's (``AMS'') intention to request an extension for the forms 
currently used by importers of commodities that are exempt from section 
8e import regulations.

DATES: Comments on this document must be received by August 29, 2011.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this document. Comments should be sent to the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
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 available for public inspection in the office of the Docket 
Clerk during regular business hours, or can be viewed at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sasha Nel, Marketing Specialist, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue, SW., Stop 0237, Room 1406-S, 
Washington, DC 20250-0237; Tel: (202) 205-2829; E-mail: 
sasha.nel@ams.usda.gov.
    Small businesses may request information on complying with this and 
other marketing order and/or agreement regulations by viewing a guide 
at the following Web site: http://www.ams.usda.gov/ 
MarketingOrdersSmallBusinessGuide; or by contacting Laurel May, 
Marketing

[[Page 37767]]

Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 
1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or E-mail: 
Laurel.May@ams.usda.gov.

SUPPLEMENTARY INFORMATION: Title: Specified Commodities Imported Into 
the United States Exempt from Import Requirements.
    OMB Number: 0581-0167.
    Expiration Date of Approval: December 31, 2011.
    Type of Request: Extension of a currently-approved information 
collection.
    Abstract: Section 8e of the Agricultural Marketing Agreement Act of 
1937 as amended (7 U.S.C. 601-674; Act) requires that whenever the 
Secretary of Agriculture issues grade, size, quality, or maturity 
regulations under domestic marketing orders, the same or comparable 
regulations must be issued for imported commodities. Import regulations 
apply only during those periods when domestic marketing order 
regulations are in effect.
    Currently, the following commodities are subject to section 8e 
import regulations: Avocados; grapefruit; kiwifruit; olives; oranges; 
fresh prunes; table grapes; potatoes; onions; tomatoes; dates (other 
than dates for processing); walnuts; dried prunes (suspended); raisins; 
and hazelnuts. Imports of these commodities are exempt from section 8e 
requirements if they are imported for such outlets as processing, 
charity, animal feed, seed, and distribution to relief agencies when 
those outlets are exempt under the applicable marketing orders.
    Safeguard procedures in the form of importer and receiver reporting 
requirements are used to ensure that the imported commodities are, in 
fact, shipped to authorized, exempt outlets. Reports required under the 
safeguard procedure are similar to the reports currently required by 
most domestic marketing orders, and are required of importers and 
receivers under the following import regulations: (1) Fruits; import 
regulations (7 CFR 944.350); (2) vegetables; import regulations (7 CFR 
980.501); and (3) specialty crops; import regulations (7 CFR 999.500).
    Under these regulations, importers wishing to import commodities 
for exempt purposes must complete form FV-6, the ``Importer's Exempt 
Commodity Form,'' prior to importation, through the Marketing Order 
Online System (MOLS). Launched in August 2008, MOLS is an Internet-
based application, managed by the USDA, which allows importers and 
receivers of fruit, vegetable, and specialty crops to review and search 
for FV-6 certificates online. If an importer correctly inputs his 
shipment data into MOLS, he will receive and be able to print a 
certificate that accompanies the shipment. Data are simultaneously 
transmitted to the receiver and to AMS, where it is reviewed for 
compliance purposes by Marketing Order Administration Branch (MOAB) 
staff, in the USDA's Fruit and Vegetable Programs.
    In rare instances a paper form FV-6 may be used. The hardcopy form 
has four parts, which are distributed as follows: Copy one is presented 
to the U.S. Customs and Border Protection, Department of Homeland 
Security; copy two is filed with MOAB within two days of the commodity 
entering the United States; copy three accompanies the exempt shipment 
to its intended destination, where the receiver certifies its receipt 
and that it will be used for exempt purposes, and files that copy with 
MOAB within two days of receipt; and copy four is retained by the 
importer.
    USDA utilizes this information to ensure that imported goods 
destined for exempt outlets are given no less favorable treatment that 
that afforded to domestic goods destined for the same exempt outlets. 
These exemptions are consistent with section 8e import regulations 
under the Act.
    In addition to renewing the FV-6 form, this information collection 
package does the same for the FV-7 form, ``Civil Penalty Stipulation 
Agreement.'' Produce importers sign the FV-7 form, for which there is 
no burden associated because only a signature is required, to admit 
that they violated section 8e import requirements and are seeking a 
reduced fine or penalty.
    The information collected through this package is used primarily by 
authorized representatives of the USDA, including AMS Fruit and 
Vegetable Programs regional and headquarters staff.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 5 minutes per response.
    Respondents: Importers and receivers of exempt commodities.
    Estimated Number of Respondents: 250.
    Estimated Number of Total Annual Responses: 8,454.70.
    Estimated Number of Responses per Respondent: 33.82
    Estimated Total Annual Burden on Respondents: 697.59 hours.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Agency, including whether the information will have practical 
utility; (2) the accuracy of the Agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All comments to this document will be summarized and included in 
the request for OMB approval, and will become a matter of public 
record.

    Dated: June 22, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-16129 Filed 6-27-11; 8:45 am]
BILLING CODE 3410-02-P
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