Notice2023-27240
Request for Extension of a Currently Approved Information Collection
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 12, 2023
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, this document announces the Agricultural Marketing Service's (AMS) intention to request an extension to currently approved forms used by importers of commodities that are exempt from section 8e import regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86104-86106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27240]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-SC-23-0049]
Request for Extension of a Currently Approved Information
Collection
AGENCY: Agricultural Marketing Service, USDA.
[[Page 86105]]
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
document announces the Agricultural Marketing Service's (AMS) intention
to request an extension to currently approved forms used by importers
of commodities that are exempt from section 8e import regulations.
DATES: Comments on this notice are due by February 12, 2024 to be
assured of consideration.
ADDRESSES: Interested persons are invited to submit written comments
concerning this notice. Comments must be sent to the Docket Clerk,
Market Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax:
(202) 720-8938; or the internet: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments
should reference the docket 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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All comments
submitted in response to this notice will be included in the record and
will be made available to the public. Please be advised that the
identity of individuals or entities submitting the comments will be
made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Thomas Nalepa, Marketing Specialist,
Market Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237, Room 1406-S, Washington, DC 20250-
0237; Telephone: (202) 720-8085; Fax: (202) 720-8938; or Email:
<a href="/cdn-cgi/l/email-protection#27734f484a46540969464b425746675254434609404851"><span class="__cf_email__" data-cfemail="7024181f1d11035e3e111c15001130050314115e171f06">[email protected]</span></a>.
Small businesses may request information on this notice by
contacting Richard Lower, Market Development Division, Specialty Crops
Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Room 1406-
S, Washington, DC 20250-0237; Telephone (202) 720-8085; Fax: (202) 720-
8938; or Email: <a href="/cdn-cgi/l/email-protection#55073c363d3427317b193a22302715202631347b323a23"><span class="__cf_email__" data-cfemail="cb99a2a8a3aab9afe587a4bcaeb98bbeb8afaae5aca4bd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: Specified Commodities Imported into the United States Exempt
from Import Requirements.
OMB Number: 0581-0167.
Expiration Date of Approval: February 29, 2024.
Type of Request: Extension of a currently approved information
collection.
Abstract: Section 8e (7 U.S.C. 608e) 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.
The following commodities are subject to section 8e import
regulations: avocados; grapefruit; kiwifruit; olives (other than
Spanish-style); oranges; table grapes; Irish potatoes; onions;
tomatoes; dates (other than dates for processing); raisins; pistachios;
and hazelnuts (filberts). 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.
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 part 944.350); (2) vegetables: import regulations (7
CFR part 980.501); and (3) specialty crops: import regulations (7 CFR
part 999.500).
Under these regulations, importers intending to import commodities
for exempt purposes must complete the form SC-6, ``Importer's Exempt
Commodity Form''. SC-6 is submitted to AMS through the Compliance
Enforcement Management System (CEMS). CEMS is an internet-based
application which allows importers and receivers of fruit, vegetable,
and specialty crops to complete the form online. If an importer
correctly inputs their shipment data into CEMS, they will receive and
be able to print a certificate that accompanies the shipment. Data
elements are simultaneously transmitted to the receiver and to AMS,
where they are reviewed for compliance purposes by Market Development
Division (MDD) staff. The receiver retains a copy for recordkeeping
purposes.
In rare instances a paper form SC-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 MDD 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
MDD within two days of receipt; and copy four is retained by the
importer.
In addition to renewing the SC-6 form, this information collection
package does the same for the SC-7 form, ``Civil Penalty Stipulation
Agreement.'' The Act authorizes the Secretary of Agriculture to assess
a civil penalty of not more than $3,391 per violation against any
person who violates the Section 8e regulations. Investigators complete
the form identifying the violation committed by the produce importer.
Produce importers sign the SC-7 form to agree to pay the sum in full
settlement. There is no burden associated as only a signature is
required.
The information collected through this package is used primarily by
authorized representatives of the USDA, including AMS Specialty Crops
Program 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.
Estimates of respondents and responses are calculated by taking the raw
annual data collected from inspections on Section 8e crops entering the
U.S. market and finding the three-year averages. These numbers
represent an approximation of the annual burden given the frequent
changes in number of respondents and responses from year to year.
Estimated Number of Respondents: 73.
Estimated Number of Total Annual Responses: 6,892.
Estimated Number of Responses per Respondent: 337.
Estimated Total Annual Burden on Respondents: 581 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
[[Page 86106]]
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.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-27240 Filed 12-11-23; 8:45 am]
BILLING CODE P
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