Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15673 

with the affected businesses. The 

number of jobs must be evidenced by a 

written commitment from the business 

to be assisted. 

(1) One job for less than $5,000—25 

points; 

(2) one job for $5,000 but less than 

$10,000—20 points; 

(3) one job for $10,000 but less than 

$15,000—15 points; 

(4) one job for $15,000 but less than 

$20,000—10 points; or 

(5) one job for $20,000 but less than 

$25,000—5 points. 

(i) Size of grant request. Grant Projects 

utilizing funds available under this 

subpart of: 

(1) less than $100,000—25 points; 

(2) $100,000 to $200,000—15 points; 

or 

(3) more than $200,000 but not more 

than $500,000—10 points. 

(j) Indirect cost. Applicant is not 

requesting grant funds to cover their 

administrative or indirect costs-5 points. 

(k) Discretionary points. Either the 

State Director or Administrator may 

assign up to 50 discretionary points to 

an application. Assignment of 

discretionary points must include a 

written justification. Permissible 

justifications are geographic distribution 

of funds, special Secretary of 

Agriculture initiatives such as Priority 

Communities, or a state’s strategic goals. 

Discretionary points may only be 

assigned to initial grants. However, in 

the case where two Projects have the 

same score, the State Director may add 

one point to the Project that best fits the 

State’s strategic plan regardless of 

whether the Project is an initial or 

subsequent grant. 

§§ 4280.436–4280.438 [Reserved] 

Grant Awards and Agreement 

§ 4280.439 Grant awards and agreements. 

The Agency will award and 

administer RBDG grants in accordance 

with applicable Departmental 

regulations, this subpart, and the 

unauthorized grant provisions of 7 CFR 

part 1951, subpart O. 

(a) Letter of conditions. The Agency 

will provide each approved applicant a 

letter of conditions, which sets out the 

conditions under which the grant will 

be made, including, but not limited to, 

an Agency grant agreement. 

(b) Applicant’s intent to meet 

conditions. The applicant must 

complete, sign and return a ‘‘Letter of 

Intent to Meet Conditions,’’ to the 

Agency. If applicant identifies certain 

conditions that the applicant cannot 

meet, the applicant may propose 

alternate conditions to the Agency. The 

Agency must concur with any changes 

proposed by the letter of conditions by 

the applicant before the any grant will 

be made. 

§§ 4280.440–4280.442 [Reserved] 

Post Award Activities and 

Requirements 

§ 4280.443 Grant monitoring and 

servicing. 

RBDG grants will be monitored and 

serviced in accordance with the grant 

agreement, this subpart, and 2 CFR 

chapter IV. 

§§ 4280.444–4280.447 [Reserved] 

§ 4280.448 Transfers and assumptions. 

The Agency will approve transfer and 

assumption requests on grants awarded 

under this subpart on a case by case 

basis, and then only to eligible entities 

under § 4280.416. 

§§ 4280.449–4280.499 [Reserved] 

§ 4280.500 OMB control number. 

The reporting and recordkeeping 

requirements contained in this 

regulation have been approved by the 

Office of Management and Budget 

(OMB) under the provisions of 44 U.S.C. 

chapter 35 and have been assigned OMB 

control numbers 0570–0022 and 0570– 

0024 in accordance with the Paperwork 

Reduction Act of 1995. You are not 

required to respond to this collection of 

information unless it displays a valid 

OMB control number. 

PART 4284—GRANTS 

■ 7. The authority citation for part 4284 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. 

Subpart F also issued under 7 U.S.C 

1932(e). 

Subpart G also issued under 7 U.S.C 

1926(a)(11). 

Subpart J also issued under 7 U.S.C 1621 

note. 

Subpart K also issued under 7 U.S.C. 1621 

note. 

Subpart G—[Removed and Reserved] 

■ 8. Subpart G, consisting of 

§§ 4284.601 through 4284.700, is 

removed and reserved. 

Dated: March 6, 2015. 

Lisa Mensah, 

Under Secretary, Rural Development. 

Dated: March 3, 2015. 

Michael Scuse, 

Under Secretary, Farm and Foreign 

Agricultural Services. 

[FR Doc. 2015–06489 Filed 3–24–15; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 944, 980, and 999 

[Doc. No. AMS–FV–14–0093; FV15–944/980/ 

999–1 IR] 

Fruit, Vegetable, and Specialty Crops— 

Import Regulations; Changes to 

Reporting Requirements To Add 

Electronic Form Filing Option 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule changes the 

reporting requirements for commodities 

exempt from import regulations under 

section 608(e) (hereinafter referred to as 

‘‘8e’’) of the Agricultural Marketing 

Agreement Act of 1937 by adding an 

option to electronically file an 

‘‘Importer’s Exempt Commodity Form’’ 

(FV–6 form). These changes are needed 

to bring the import regulations into 

conformance with the current practice 

of filing FV–6 forms electronically using 

the Marketing Order Online System 

(MOLS), an internet-based application 

that was implemented in 2008. This rule 

also changes the import regulations for 

dates and raisins by moving the FV–6 

form-filing procedures for these two 

commodities to the safeguard procedure 

regulations for specialty crops and by 

making other administrative updates. 

These changes to the import regulations 

are also required to 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. All 

government agencies that are 

participating in the ITDS initiative, 

including AMS, are required by U.S. 

Customs and Border Protection 

(hereinafter referred to as ‘‘CBP’’) to 

make updates to import and export 

regulations to provide for the electronic 

entry of shipment data. 

DATES: Effective March 30, 2015; 

comments received by May 26, 2015 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
15674 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 

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: 

Richard Lower, Senior Marketing 

Specialist, or Candice Spalding, Deputy 

Director, Marketing Order and 

Agreement Division, Fruit and 

Vegetable Program, AMS, USDA; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or Email: Richard.Lower@

ams.usda.gov or Candice.Spalding@

ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@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 

on those imported commodities and 

certify whether these requirements have 

been met. 

Parts 944, 980, and 999 of title 7 of the 

Code of Federal Regulations (CFR) 

specify which imported commodities 

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. These 

parts further specify the form importers 

must use to report to USDA and CBP 

imports of commodities exempt from 8e 

regulations. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 13175. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This 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 rule changes §§ 944.350, 

980.501, and 999.500 of the import 

regulations, which specify safeguard 

procedures for fruits, vegetables, and 

specialty crops, respectively, that are 

exempt from 8e regulations. Currently, 

safeguard procedures exist for the 

following commodities: Avocados, 

grapefruit, kiwifruit, fresh prunes 

(suspended indefinitely in 2006), olives, 

oranges, table grapes, Irish potatoes, 

onions, tomatoes, dates, walnuts, 

raisins, and pistachios. 

The safeguard procedures require that 

importers and receivers certify to AMS 

by filing an FV–6 form that an imported 

commodity is sent to and used in an 

exempt outlet as authorized by the 

regulations and as declared on the FV– 

6 form. Examples of authorized exempt 

uses include processing, livestock feed, 

seed, and distribution to charitable 

organizations or relief agencies. Prior to 

this change, the safeguard procedures 

specified requirements for filing a paper 

copy of an FV–6 form for an imported 

shipment intended for an exempted 

purpose, with an ‘‘online’’ submission 

option also provided for in § 999.500. 

These sections will now provide options 

to submit an FV–6 form either 

electronically or on paper. 

In addition, the three import 

safeguard sections have been updated to 

reflect that the definition of an importer 

includes a customs broker, when that 

broker is acting as an importer’s 

representative, and to clarify that both 

an importer and a receiver must certify 

an FV–6 form. Changes have also been 

made to update contact information (for 

example, agency name, email address, 

etc.). 

This rule also changes §§ 999.1 and 

999.300, the date and raisin import 

regulations, respectively, by moving the 

procedures for filing FV–6 forms for 

dates or raisins that are exempt from 8e 

regulations from those sections to the 

specialty crops safeguard procedures 

section (§ 999.500). This change makes 

the safeguard regulations consistent for 

walnuts, dates, pistachios, and raisins 

that are exempt from 8e regulations. 

This rule also makes minor 

administrative updates and corrections 

to §§ 999.1 and 999.300 (for example, 

updating division names and correcting 

typographical errors). 

Importer’s Exempt Commodity Form 

(FV–6) 

The import regulations in parts 944, 

980, and 999 provide that individual 

lots of some imported commodities may 

be exempted from 8e requirements if 

those commodities are intended to be 

used in processing or in some other 

exempted outlet, such as a charitable 

organization or as livestock feed. To 

import exempt commodities into the 

United States, importers and receivers 

are required to certify to USDA and CBP 

as to the intended, authorized exempt 

use of those commodities. Certification 

is reported by both importers and 

receivers using an FV–6 form 

(‘‘Importer’s Exempt Commodity 

Form’’). 

Submission of FV–6 Form 

Prior to 2008, an FV–6 form was only 

available in a paper format. The paper 

FV–6 form is a four-part form that is 

used as follows: One part is presented 

to CBP by the importer; one part 

accompanies the import shipment to its 

destination, where the receiver of the 

shipment certifies its receipt and 

submits that certified copy to AMS’ 

Marketing Order and Agreement 

Division (MOAD) for compliance 

purposes; one part is submitted to 

MOAD by the importer; and one part is 

retained by the importer. 

To streamline and automate the FV– 

6 filing process, in August 2008, AMS 

launched its Marketing Order Online 

System (MOLS), an internet-based 

application, which continues to be used 

today. Using MOLS, importers and 

receivers complete an electronic 

registration process that allows them to 

utilize the system for the completion 

and certification of FV–6 forms. 

After registering in MOLS, and prior 

to importing a commodity for an exempt 

purpose, an importer electronically 

completes an FV–6 form in MOLS, 

certifying that the commodity will be 

used in the declared exempt outlet. 

After inputting the required FV–6 form 

data in MOLS, an importer is able to 

print a certificate for the exempt 

commodity that accompanies that 

shipment into the United States. Each 

certificate has a unique identification 

number. 

The FV–6 form data input into MOLS 

by an importer is accessible to the 

receiver of the imported commodity as 

well as to AMS. The receiver must 

certify in MOLS that he or she received 

the imported commodity and that it was 

or will be used for the declared exempt 

purpose; this certification must be 

completed within two days of receipt of 

the exempt commodity. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15675 

MOAD uses MOLS to monitor 

industry compliance with 8e 

regulations. Using MOLS and other data 

available from CBP, MOAD is able to 

identify shipments that require the 

submission of FV–6 forms as well as 

FV–6 forms that have been initiated but 

not yet completed. 

The majority of all FV–6 forms are 

filed electronically using MOLS. 

However, MOAD continues to maintain 

a supply of paper FV–6 forms for use in 

those rare instances where an importer 

or receiver is unable to use MOLS. In 

those cases, MOAD tracks the 

distribution of the paper forms by 

maintaining a log of the form numbers 

and the contact information of the 

importers to whom the paper forms 

were provided. 

When MOLS was implemented in 

2008, the regulations for imported fruit, 

vegetable, and specialty crops were not 

updated to provide for the option to 

enter an FV–6 form electronically, in 

addition to the paper form option. 

However, in 2012, the specialty crop 

safeguard regulations (§ 999.500) were 

amended to include an ‘‘online’’ option 

for the submission of FV–6 forms to 

MOAD. This ‘‘online’’ submission 

change was made in a final rule that was 

published in the Federal Register on 

August 27, 2012, (77 FR 51686). 

This rule updates all of the safeguard 

procedures in the fruit, vegetable, and 

specialty crop import regulations to add 

the option to file an FV–6 form 

electronically (for consistency among 

the three safeguard procedures, the term 

‘‘online’’ in § 999.500 is changed to 

‘‘electronically’’). Other changes to the 

safeguard procedures include the 

following clarifications and updates: (1) 

A customs broker, acting as a 

representative for an importer, is 

considered an ‘‘importer’’; (2) both an 

importer and a receiver must certify an 

FV–6 form; (3) paper versus electronic 

FV–6 form requirements (for example, 

an importer and receiver must certify a 

paper FV–6 form using a handwritten 

signature, whereas certification is 

automated when the form is submitted 

electronically); and (4) updates to 

MOAD and CBP contact information. 

These changes do not add new 

requirements to the regulations but are 

intended to provide clarity and up-todate information. 

Date and Raisin Regulation Changes 

On January 16, 2009, a final rule was 

published in the Federal Register (74 

FR 2806) that changed, among other 

things, the import regulations for dates 

and raisins (§§ 999.1 and 999.300, 

respectively) by replacing four 

commodity-specific import exemption 

forms with the FV–6 form; specifically, 

the FV–6 form replaced Date Forms No. 

1 and 2 and Raisin Form Nos. 1 and 2. 

In that 2009 action, the form names 

were changed in the regulations; 

however, the submission requirements 

that were associated with the former 

date- and raisin-specific forms were not 

updated accordingly. As a result, the 

date and raisin regulations have 

continued to require that a certified FV– 

6 form be submitted to MOAD by the 

fifth day of the month in the month 

following receipt of the exempt dates or 

raisins by the receiver. This submission 

requirement is associated with the forms 

that were replaced in 2009 and is not 

applicable to an FV–6 form. Therefore, 

the old submission deadline has been 

removed by this action. 

In addition to removing the obsolete 

exempt form submission deadline 

requirement, the requirements for filing 

an FV–6 form for a shipment of dates or 

raisins exempted from 8e regulations 

have been moved from §§ 999.1 and 

999.300, respectively, to the safeguard 

procedures section for specialty crops 

(§ 999.500). The import regulations for 

dates and raisins still reference the 

types of dates and raisins that are 

exempted from 8e requirements 

provided that those dates and raisins 

follow the safeguard procedures 

contained in § 999.500. 

Prior to this change, § 999.500 

contained safeguard procedures for 

filing an FV–6 form for walnuts, certain 

types of dates, and pistachios, while the 

requirements for certain other types of 

dates and for raisins were contained in 

the import regulations for those two 

import commodities. Incorporating the 

safeguard procedures for dates and 

raisins into the specialty crop safeguard 

procedures streamlines and 

standardizes the specialty crop 

regulations. 

Finally, the date and raisin import 

regulations are further changed to 

include miscellaneous updates, such as 

updating agency names, deleting 

outdated references to terms no longer 

applicable to the regulations, and 

correcting typographical errors. These 

changes are administrative in nature 

and do not impose any new 

requirements on importers or receivers. 

International Trade Data System (ITDS) 

Changing the 8e regulations to 

provide for the electronic filing of an 

FV–6 form supports the International 

Trade Data System (ITDS), a key 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). Under ITDS, the 

import and export trade will file 

shipment data through an electronic 

‘‘single window,’’ instead of completing 

multiple paper-based forms to report the 

same information to different 

government agencies. ITDS will greatly 

reduce the burden on America’s import 

and export trade while still providing 

information necessary for the United 

States to ensure compliance with its 

laws. 

By the end of 2016, the ITDS ‘‘single 

window’’ will be presented to the 

import and export trade through CBP’s 

Automated Commercial Environment 

(ACE) platform. ACE will be the primary 

system through which the global trade 

community will file information about 

imports and exports so that 

admissibility into the U.S. may be 

determined and government agencies 

may monitor compliance. 

Prior to the implementation of the 

ITDS ‘‘single window,’’ CBP is requiring 

that the 47 partnering government 

agencies that are participating in the 

ITDS project, including AMS, ensure 

that agency regulations provide for the 

electronic entry of import and/or export 

information. 

MOAD is currently developing a new 

automated system called the 

Compliance and Enforcement 

Management System (CEMS) that will 

interface with CBP’s ACE system in 

support of ITDS. CEMS will 

electronically link with the ACE system 

to create a ‘‘pipeline’’ through which 

data will be transmitted between MOAD 

and CBP. CEMS will contain several 

components, including an exempt 

imported commodities module that will 

replace MOLS. Until CEMS is 

implemented, MOLS will continue to 

allow for the electronic entry and 

certification of FV–6 form data. 

The revised reporting requirements 

for imported commodities that are 

exempt from 8e regulations will bring 

the fruit, vegetable, and specialty crop 

import regulations into conformance 

with the current standard industry 

practice of filing FV–6 forms 

electronically using MOLS. This change 

will also meet CBP’s requirements for 

ITDS/ACE by adding the existing 

electronic filing option for FV–6 forms 

to the safeguard procedures in the 

import regulations. 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
15676 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 

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. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Import regulations issued under 

the Act are based on those established 

under Federal marketing orders. 

Small agricultural service firms, 

which include importers and receivers 

of commodities exempt from import 

regulations, are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$7,000,000 (13 CFR 121.201). USDA 

estimates that there are approximately 

220 importers and receivers of 

commodities that are 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 small entities. 

This action adds to the import 

regulations the existing option of 

electronically reporting on shipments of 

imported fruits, vegetables, and 

specialty crops that are exempt from 8e 

regulations. Importers and receivers of 

exempt commodities have been filing 

FV–6 forms electronically for several 

years, since the implementation of 

MOLS in 2008. There are an estimated 

100 importers and 92 receivers of 

commodities exempt from 8e 

requirements who report exempt 

shipment information electronically 

using MOLS. During the two-year 

period 2013–2014, USDA information 

shows that 637,818,253 pounds of 

exempt commodities were electronically 

reported on 12,832 FV–6 forms. The 

table below provides a breakdown of 

this information by commodity: 

COMMODITIES REPORTED ELECTRONICALLY AS EXEMPT FROM IMPORT REGULATIONS—2013–2014 

Commodity Pounds Electronic 

FV–6 Forms 

Avocados ................................................................................................................................................................. 757,939 33 

Dates ........................................................................................................................................................................ 1,029,855 37 

Grapefruit ................................................................................................................................................................. 511,965 14 

Kiwifruit .................................................................................................................................................................... 360 1 

Olives ....................................................................................................................................................................... 79,858 3 

Onions ...................................................................................................................................................................... 17,959,787 418 

Oranges ................................................................................................................................................................... 46,441,261 1,138 

Potatoes ................................................................................................................................................................... 570,971,367 11,172 

Tomatoes ................................................................................................................................................................. 65,861 16 

Total .................................................................................................................................................................. 637,818,253 12,832 

In comparison, USDA received only 

365 paper FV–6 forms from importers 

and receivers for all exempted 

commodities in 2013–2014. As 

mentioned earlier, the majority of FV– 

6 forms are filed electronically. 

This change to the import regulations 

does not revise the procedures currently 

used by importers and receivers to 

report shipments that are exempt from 

8e regulations. Most importers and 

receivers already file FV–6 forms 

electronically using MOLS and will 

continue to do so. In the future, 

importers and receivers will report these 

exempt shipments electronically 

through CBP’s ACE system or MOAD’s 

CEMS system, which is currently under 

development and will eventually 

replace MOLS. This action imposes no 

additional cost or burden on importers 

and receivers of any size. 

The current process of electronically 

filing FV–6 forms streamlines business 

operations, both for filers of the forms 

as well as for USDA, which uses the 

electronic form data to monitor 

compliance with 8e regulations. 

Changing the regulations to include the 

current standard industry practice of 

filing FV–6 forms electronically also 

meets CBP’s requirement to ensure that 

the regulations of those government 

agencies participating in the ITDS 

project provide for an electronic data 

collection. The electronic filing option 

for FV–6 forms has existed for many 

years, and this change aligns the 

regulations with that longstanding 

industry practice. 

Regarding alternatives to this action, 

AMS considered making no changes to 

the import regulations. However, AMS 

determined that the regulations should 

contain complete and accurate 

information about the electronic option 

that is already available to importers 

and receivers to file FV–6 forms. AMS 

also determined that moving the 

safeguard procedures for dates and 

raisins exempted from 8e regulations to 

the specialty crop safeguard section will 

standardize the regulations, which will 

benefit importers and receivers who use 

these regulations. Finally, CBP is 

requiring all government agencies who 

are partnering with CBP on the ITDS 

project (including AMS) to update their 

regulations to provide for the electronic 

entry of import and export shipment 

data. Therefore, the alternative to not 

update the regulations alternative was 

rejected. 

In accordance with the Paperwork 

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

Chapter 35), the information collection 

requirements for the FV–6 form and 

imported commodities exempt from 8e 

regulations were previously approved 

by the Office of Management and 

Budget (OMB) and assigned OMB No. 

0581–0167 (Specific Commodities 

Imported into the United States Exempt 

From Import Regulations), effective 

August 19, 2014. Administrative 

modifications to the FV–6 form and the 

shift of exemption authority for dates 

and raisins from §§ 999.1 and 999.300, 

respectively, to § 999.500, as 

necessitated by this rulemaking action, 

have been submitted to OMB for 

approval. Because importers and 

receivers of dates and raisins exempt 

from import regulations will continue to 

file FV–6 forms, the burden hours 

associated with OMB No. 0581–0167 

remain unchanged at 17,734 hours. 

Should additional 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 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15677 

duplication by industry and public 

sector agencies. 

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. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

rule. 

Further, importers and receivers of 

commodities exempt from 8e 

regulations have been using MOLS for 

more than six years to electronically 

complete and certify FV–6 forms. The 

import trade is also fully aware of the 

ITDS initiative, which is designed to 

eliminate paper-based manual processes 

and replace those processes with 

electronic entry methods such as the 

one used to electronically file FV–6 

forms. 

Finally, interested persons are invited 

to submit comments on this interim 

rule, including the regulatory and 

informational impacts of this action on 

small businesses. 

This rule invites comments on a 

change that aligns the fruit, vegetable, 

and specialty crop import regulations 

with the standard practice of allowing 

importers and receivers of exempt 

commodities the option to submit FV– 

6 forms electronically. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, it is found that this 

interim rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

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 does not impose 

any new requirements on importers or 

receivers of imported commodities; (2) 

this rule clarifies, updates, and 

standardizes exempt commodity formfiling requirements and related 

information, which should benefit 

importers and receivers; (3) the import 

industry is well aware of the ITDS 

initiative and its goal to streamline and 

automate paper-based processes; (4) 

CPB is requiring timely update of 

import and export regulations to meet 

the ITDS electronic entry requirement; 

and (5) this rule provides a 60-day 

comment period, and any comments 

received will be considered prior to 

finalization of this rule. 

List of Subjects 

7 CFR Part 944 

Avocados, Food grades and standards, 

Grapefruit, Grapes, Imports, Kiwifruit, 

Limes, 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, Prunes, 

Raisins, Reporting and recordkeeping 

requirements, Walnuts. 

For the reasons set forth in the 

preamble, 7 CFR parts 944, 980, and 999 

are amended as follows: 

■ 1. The authority citation for 7 CFR 

parts 944 and 980 continues to read as 

follows: 

Authority: 7 U.S.C. 601–674. 

PART 944—FRUITS; IMPORT 

REGULATIONS 

■ 2. Revise § 944.350 to read as follows: 

§ 944.350 Safeguard procedures for 

avocados, grapefruit, kiwifruit, olives, 

oranges, prune variety plums (fresh 

prunes), and table grapes, exempt from 

grade, size, quality, and maturity 

requirements. 

(a) Each person who imports or 

receives any of the commodities listed 

in paragraphs (a)(1) through (5) of this 

section shall file (electronically or 

paper) an ‘‘Importer’s Exempt 

Commodity Form’’ (FV–6) with the 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA. A ‘‘person who imports’’ 

may include a customs broker, acting as 

an importer’s representative (hereinafter 

referred to as ‘‘importer’’). A copy of the 

completed form (electronic or paper) 

shall be provided to the U.S. Customs 

and Border Protection. If a paper form 

is used, a copy of the form shall 

accompany the lot to the exempt outlet 

specified on the form. Any lot of any 

commodity offered for inspection and, 

all or a portion thereof, subsequently 

imported as exempt under this 

provision shall also be reported on an 

FV–6 form. Such form (electronic or 

paper) shall be provided to the 

Marketing Order and Agreement 

Division in accordance with paragraph 

(d) of this section. The applicable 

commodities are: 

(1) Avocados, grapefruit, kiwifruit, 

olives, oranges, and prune variety plums 

(fresh prunes) for consumption by 

charitable institutions or distribution by 

relief agencies; 

(2) Avocados, grapefruit, kiwifruit, 

oranges, prune variety plums (fresh 

prunes), and table grapes for processing; 

(3) Olives for processing into oil; 

(4) Grapefruit for animal feed; or 

(5) Avocados for seed. 

(b) Certification of exempt use. (1) 

Each importer of an exempt commodity 

as specified in paragraph (a) of this 

section shall certify on the FV–6 form 

(electronic or paper) as to the intended 

exempt outlet (e.g., processing, charity, 

livestock feed). If certification is made 

using a paper FV–6 form, the importer 

shall provide a handwritten signature 

on the form. 

(2) Each receiver of an exempt 

commodity as specified in paragraph (a) 

of this section shall also receive a copy 

of the associated FV–6 form (electronic 

or paper) filed by the importer. Within 

two days of receipt of the exempt lot, 

the receiver shall certify on the form 

(electronic or paper) that such lot has 

been received and will be utilized in the 

exempt outlet as certified by the 

importer. If certification is made using 

a paper FV–6 form, the receiver shall 

provide a handwritten signature on the 

form. 

(c) It is the responsibility of the 

importer to notify the Marketing Order 

and Agreement Division of any lot of 

exempt commodity rejected by a 

receiver, shipped to an alternative 

exempt receiver, exported, or otherwise 

destroyed. In such cases, a second FV– 

6 form must be filed by the importer, 

providing sufficient information to 

determine ultimate disposition of the 

exempt lot, and such disposition shall 

be so certified by the final receiver. 

(d) All FV–6 forms and other 

correspondence regarding entry of 

exempt commodities must be submitted 

electronically, by mail, or by fax to the 

Marketing Order and Agreement 

Division, Fruit and Vegetable 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 980—VEGETABLES; IMPORT 

REGULATIONS 

■ 3. Revise § 980.501 to read as follows: 

§ 980.501 Safeguard procedures for 

potatoes, onions, and tomatoes exempt 

from grade, size, quality, and maturity 

requirements. 

(a) Each person who imports or 

receives any of the commodities listed 

in paragraphs (a)(1) through (4) of this 

section shall file (electronically or 

paper) an ‘‘Importer’s Exempt 


asabaliauskas on DSK5VPTVN1PROD with RULES
15678 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 

Commodity Form’’ (FV–6) with the 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA. A ‘‘person who imports’’ 

may include a customs broker, acting as 

an importer’s representative (hereinafter 

referred to as ‘‘importer’’). A copy of the 

completed form (electronic or paper) 

shall be provided to the U.S. Customs 

and Border Protection. If a paper form 

is used, a copy of the form shall 

accompany the lot to the exempt outlet 

specified on the form. Any lot of any 

commodity offered for inspection and, 

all or a portion thereof, subsequently 

imported as exempt under this 

provision shall also be reported on an 

FV–6 form. Such form (electronic or 

paper) shall be provided to the 

Marketing Order and Agreement 

Division in accordance with paragraph 

(d) of this section. The applicable 

commodities are: 

(1) Potatoes, onions or tomatoes for 

consumption by charitable institutions 

or distribution by relief agencies; 

(2) Potatoes, onions, or tomatoes for 

processing; 

(3) Potatoes or onions for livestock 

feed; or 

(4) Pearl onions. 

(b) Certification of exempt use. (1) 

Each importer of an exempt commodity 

as specified in paragraph (a) of this 

section shall certify on the FV–6 form 

(electronic or paper) as to the intended 

exempt outlet (e.g., processing, charity, 

livestock feed). If certification is made 

using a paper FV–6 form, the importer 

shall provide a handwritten signature 

on the form. 

(2) Each receiver of an exempt 

commodity as specified in paragraph (a) 

of this section shall also receive a copy 

of the associated FV–6 form (electronic 

or paper) filed by the importer. Within 

two days of receipt of the exempt lot, 

the receiver shall certify on the form 

(electronic or paper) to the Marketing 

Order and Agreement Division that such 

lot has been received and will be 

utilized in the exempt outlet as certified 

by the importer. If certification is made 

using a paper FV–6 form, the receiver 

shall provide a handwritten signature 

on the form. 

(c) It is the responsibility of the 

importer to notify the Marketing Order 

and Agreement Division of any lot of 

exempt commodity rejected by a 

receiver, shipped to an alternative 

exempt receiver, returned to the country 

of origin, or otherwise disposed of. In 

such cases, a second FV–6 form must be 

filed by the importer, providing 

sufficient information to determine 

ultimate disposition of the exempt lot, 

and such disposition shall be so 

certified by the final receiver. 

(d) All FV–6 forms and other 

correspondence regarding entry of 

exempt commodities must be submitted 

electronically, by mail, or by fax to the 

Marketing Order and Agreement 

Division, Fruit and Vegetable 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 

■ 4. The authority citation for 7 CFR 

part 999 is revised to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 5. In § 999.1: 

■ a. Remove paragraph (a)(7); 

■ b. Redesignate paragraphs (a)(8) 

through (10) as paragraphs (a)(7) 

through (9), respectively; 

■ c. Revise newly redesignated 

paragraphs (a)(7) and (9); 

■ d. Revise paragraph (c)(2)(vi); 

■ e. Revise paragraph (d); 

■ f. Revise paragraph (e); 

■ g. Remove paragraphs (f) and (g); and 

■ h. Redesignate paragraphs (h) through 

(k) as paragraphs (f) through (i), 

respectively. 

The revisions read as follows: 

§ 999.1 Regulation governing the 

importation of dates. 

(a) * * * 

(7) USDA inspector means an 

inspector of the Specialty Crops 

Inspection Division, Fruit and Vegetable 

Program, or any other duly authorized 

employee of the USDA. 

* * * * * 

(9) Importation means release from 

custody of United States Customs and 

Border Protection. 

* * * * * 

(c) * * * 

(2) * * * 

(vi) If the lot fails to meet the import 

requirements, a statement to that effect 

and the reasons therefor. 

(d) Exemptions. (1) Notwithstanding 

any other provisions of this section, any 

lot of dates for importation which in the 

aggregate does not exceed 70 pounds 

and any dates that are so denatured as 

to render them unfit for human 

consumption may be imported exempt 

from the provisions of this section. 

(2) The grade, size, quality, and 

maturity requirements of this section 

shall not apply to dates which are 

donated to needy persons, prisoners, or 

Native Americans on reservations; dates 

for processing; or dates prepared or 

preserved, but all such dates shall be 

subject to the safeguard provisions 

contained in § 999.500. 

(3) Dates for packaging or dates in 

retail packages that fail to meet the 

grade, size, quality, and maturity 

requirements of this section may be 

reclassified as dates for processing for 

importation, but such dates shall be 

subject to the safeguard provisions 

contained in § 999.500. 

(e) Importation. No person may 

import dates into the United States 

unless he or she first files with Customs 

and Border Protection at the port at 

which the Customs entry is filed, as a 

condition of each such importation, 

either an inspection certificate or an 

executed ‘‘Importer’s Exempt 

Commodity Form’’ (FV–6). 

* * * * * 

■ 6. In § 999.300: 

■ a. Remove paragraphs (a)(5) and (8); 

■ b. Redesignate paragraphs (a)(6) and 

(a)(7) as paragraphs (a)(5) and (6), 

respectively; 

■ c. Revise newly redesignated 

paragraphs (a)(5) and (6); 

■ d. Revise the last sentence in 

paragraph (c)(3); and 

■ e. Revise paragraph (e)(2). 

The revisions read as follows: 

§ 999.300 Regulation governing 

importation of raisins. 

(a) * * * 

(5) USDA inspector means an 

inspector of the Specialty Crops 

Inspection Division, Fruit and Vegetable 

Program, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

or any other duly authorized employee 

of the U.S. Department of Agriculture. 

(6) Importation of raisins means the 

release of raisins from custody of the 

U.S. Customs and Border Protection. 

* * * * * 

(c) * * * 

(3) * * * To avoid delay in 

scheduling the inspection the applicant 

should make advance arrangements 

with the USDA inspection office. 

* * * * * 

(e) * * * 

(2) Any lot of raisins which does not 

meet the applicable grade and size 

requirements of paragraph (b) of this 

section may be imported for use in the 

production of alcohol, syrup for 

industrial use, or any lot of raisins 

which does not meet such requirements 

with respect to mechanical damage or 

sugaring may be imported for use in the 

production of raisin paste, but all such 

raisins shall be subject to the safeguard 

provisions contained in § 999.500. 

* * * * * 

■ 7. Revise § 999.500 to read as follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15679 

§ 999.500 Safeguard procedures for 

walnuts, dates, pistachios, and raisins 

exempt from grade, size, quality, and 

maturity requirements. 

(a) Each person who imports or 

receives any of the commodities listed 

in paragraphs (a)(1) through (4) of this 

section shall file (electronically or 

paper) an ‘‘Importer’s Exempt 

Commodity Form’’ (FV–6) with the 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA. A ‘‘person who imports’’ 

may include a customs broker, acting as 

an importer’s representative (hereinafter 

referred to as ‘‘importer’’). A copy of the 

form (electronic or paper) shall be 

provided to the U.S. Customs and 

Border Protection. If a paper form is 

used, a copy of the form shall 

accompany the lot to the exempt outlet 

specified on the form. Any lot of any 

commodity offered for inspection or 

aflatoxin testing and, all or a portion 

thereof, subsequently imported as 

exempt under this provision shall also 

be reported on an FV–6. Such form 

(electronic or paper) shall be provided 

to the Marketing Order and Agreement 

Division in accordance with paragraph 

(d) of this section. The applicable 

commodities are: 

(1) Dates which are donated to needy 

persons, prisoners or Native Americans 

on reservations; dates for processing; 

dates prepared or preserved; or dates for 

packaging or dates in retail packages 

that fail to meet grade, size, quality, and 

maturity requirements and are 

reclassified as dates for processing; 

(2) Walnuts which are: Green walnuts 

(so immature that they cannot be used 

for drying and sale as dried walnuts); 

walnuts used in non-competitive outlets 

such as use by charitable institutions, 

relief agencies, governmental agencies 

for school lunch programs, and 

diversion to animal feed or oil 

manufacture; 

(3) Substandard pistachios which are 

for non-human consumption purposes; 

or 

(4) Raisins which do not meet grade 

and size requirements and are used in 

the production of alcohol, or syrup for 

industrial use, or which do not meet 

grade requirements with respect to 

mechanical damage or sugaring and are 

used in the production of raisin paste. 

(b) Certification of exempt use. (1) 

Each importer of an exempt commodity 

as specified in paragraph (a) of this 

section shall certify on the FV–6 form 

(electronic or paper) as to the intended 

exempt outlet (e.g., processing, charity, 

livestock feed). If certification is made 

using a paper FV–6 form, the importer 

shall provide a handwritten signature 

on the form. 

(2) Each receiver of an exempt 

commodity as specified in paragraph (a) 

of this section shall also receive a copy 

of the associated FV–6 form (electronic 

or paper) filed by the importer. Within 

two days of receipt of the exempt lot, 

the receiver shall certify on the form 

(electronic or paper) that such lot has 

been received and will be utilized in the 

exempt outlet as certified by the 

importer. If certification is made using 

a paper FV–6 form, the receiver shall 

provide a handwritten signature on the 

form. 

(c) It is the responsibility of the 

importer to notify the Marketing Order 

and Agreement Division of any lot of 

exempt commodity rejected by a 

receiver, shipped to an alternative 

exempt receiver, exported, or otherwise 

disposed of. In such cases, a second FV– 

6 form must be filed by the importer, 

providing sufficient information to 

determine ultimate disposition of the 

exempt lot, and such disposition shall 

be so certified by the final receiver. 

(d) All FV–6 forms and other 

correspondence regarding entry of 

exempt commodities must be submitted 

electronically, by mail, or by fax to the 

Marketing Order and Agreement 

Division, Fruit and Vegetable 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. 

Dated: March 17, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–06490 Filed 3–24–15; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2014–0120] 

RIN 3150–AJ42 

List of Approved Spent Fuel Storage 

Casks: Holtec International HI–STORM 

Underground Maximum Capacity 

Canister Storage System, Certificate of 

Compliance No. 1040; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is correcting a final 

rule that was published in the Federal 

Register (FR) on March 6, 2015. The 

final rule amends the NRC’s spent fuel 

storage regulations by adding the Holtec 

International HI–STORM Underground 

Maximum Capacity Canister Storage 

System, Certificate of Compliance No. 

1040, to the ‘‘List of approved spent fuel 

storage casks.’’ This action is necessary 

to correct the Certificate Expiration Date 

from March 6, 2035, to April 6, 2035. 

DATES: This correction is effective April 

6, 2015. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0120 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0120. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Gregory R. Trussell, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–6445, email: Gregory.Trussell@

nrc.gov. 

SUPPLEMENTARY INFORMATION: In the FR 

on March 6, 2014, in FR Doc. 2015– 

05238, on page 12078, second column, 

under the heading ‘‘§ 72.214 List of 

approved spent fuel storage casks,’’ 

eleventh line, the ‘‘Certificate Expiration 

Date’’ of ‘‘March 6, 2035’’ is corrected to 

read ‘‘April 6, 2035.’’ 

Dated at Rockville, Maryland, this 18th day 

of March 2015. 


asabaliauskas on DSK5VPTVN1PROD with RULES