[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Notices]
[Pages 68087-68088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28424]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. FV03-944-1 NC]


Notice of Request for Extension and Revision of a Currently 
Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), this notice announces the Agricultural Marketing 
Service's (AMS) intention to request an extension for and revision to a 
currently approved information collection for specified exempt import 
commodities.

[[Page 68088]]


DATES: Comments on this notice must be received by January 7, 2003.

ADDITIONAL INFORMATION OR COMMENTS: Contact Valerie L. Emmer-Scott, 
Marketing Specialist, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., room 
2525-S., STOP 0237, Washington, DC 20250-0237; Fax: (202) 205-2829, or 
e-mail: [email protected].
    Small businesses may request information on this notice by 
contacting Jay Guerber, Regulatory Fairness Representative, Marketing 
Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 
1400 Independence Avenue, SW., room 2525-S., Stop 0237, Washington, DC 
20250-0237; telephone: (202) 720-2491, Fax: (202) 720-8938, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Specified Commodities Imported into the United States Exempt 
from Import Requirements.
    OMB Number: 0581-0167.
    Expiration Date of Approval: May 31, 2003.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: Section 8e of the Agricultural Marketing Agreement Act of 
1937 (Act), as amended (7 U.S.C. 601-674) requires that whenever the 
Secretary of Agriculture issues grade, size, quality, or maturity 
regulations under domestic marketing orders for certain commodities, 
the same or comparable regulations on imports of those commodities must 
be issued. 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, dates (other than dates for processing), hazelnuts, 
grapefruit, table grapes, kiwifruit, limes (suspended), olives (other 
than Spanish-styles olives), onions, oranges, Irish potatoes, prunes, 
raisins, tomatoes, and walnuts. However, imports of these commodities 
are exempt from such 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 
order.
    Safeguard procedures in the form of importer and receiver importing 
requirements are used to ensure that the imported commodity is provided 
to authorized exempt outlets. The safeguard procedures are similar to 
the reports currently required by most domestic marketing orders. The 
import regulations require importers and receivers of imported fruit, 
vegetable, and specialty crops to submit a form, as provided in 
sections 944.350, 980.501, and 999.500.
    An importer wishing to import commodities for exempt purposes must 
complete, prior to importation, an Importer's Exempt Commodity Form 
(FV-6), which is a four-part form. Copy one is presented to the U.S. 
Customs Service. The importer files copy two with the Marketing Order 
Administration Branch (MOAB) of the Fruit and Vegetable Programs, AMS, 
within two days after the commodity enters the United States. The third 
copy of the form accompanies the exempt shipment to its intended 
destination. The receiver certifies that the commodity has been 
received and that it will be utilized for authorized exempt purposes. 
The receiver then files copy three with MOAB, within two days after 
receiving the commodity. The fourth copy is retained by the importer.
    The Department of Agriculture (Department) utilizes this 
information to ensure that imported goods destined for exempt outlets 
are given no less favorable treatment than that afforded to domestic 
goods destined for such exempt outlets. These exemptions are consistent 
with Section 8e import regulations under the Act.
    This form requires the minimum amount of information necessary to 
effectively carry out the requirements of the Act, and its use is 
necessary to fulfill the intent of the Act, and to administer Section 
8e compliance activities.
    In addition, included in this extension and revision of a currently 
approved information collection is another form titled, ``Civil Penalty 
Stipulation Agreement'' (FV-7). This form provides AMS with an 
additional tool to obtain resolution of certain cases under the Act 
without the cost of going to a hearing. Stipulation agreements may be 
appropriate for, but limited to, instances of minor violations of a 
marketing order or marketing agreement or Section 8e of the AMAA. 
However, AMS is not under any obligation to issue stipulation 
agreements. The only requirement for this form is a signature, 
therefore, there is no burden on the person if they agree to the 
Agreement and return it.
    The information collected is used primarily by authorized 
representatives of the Department, including AMS, Fruit and Vegetable 
Programs' regional and headquarters staff. AMS is the primary user of 
the information.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average .17 hours per response.
    Respondents: Importers and receivers of exempt commodities.
    Estimated Number of Respondents: 300.
    Estimated Number of Responses per Respondent: 50.
    Estimated Total Annual Burden on Respondents: 2,550 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.
    Comments should reference OMB No. 0581-0167 and be mailed to Docket 
Clerk, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW., room 2525-S., STOP 0237, Washington, DC 20250-0237; Fax: 
(202) 205-2829, or e-mail: [email protected]. Comments should 
reference the docket number and the date and page number of this issue 
of the Federal Register. All comments received will be available for 
public inspection in the Office of the Docket Clerk during regular USDA 
business hours at 14th and Independence Ave., SW., Washington, DC, room 
2525-S.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

    Dated: November 4, 2002.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 02-28424 Filed 11-7-02; 8:45 am]
BILLING CODE 3410-02-P