[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40149-40152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14616]



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  Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules 
and Regulations  

[[Page 40149]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 319, 322, 352, and 353

9 CFR Parts 93 and 94

[Docket No. APHIS-2016-0016]


Use of Electronic Information Exchange Systems; Miscellaneous 
Amendments

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending our regulations regarding the importation or 
exportation of animals and animal products and plants and plant 
products to address instances where the current regulations require the 
use of a hard-copy form or specify that a particular document must be 
submitted in writing. This final rule amends the regulations to provide 
the flexibility needed for persons to take advantage of electronic 
systems when a regulation has a limiting requirement. The amendments we 
are making in this final rule are not to mandate the use of electronic 
systems or preclude the use of paper documents; rather, they address 
those instances where our regulations specify a submission method to 
the exclusion of other methods.

DATES: Effective June 21, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen O'Neill, Chief, Regulatory 
Analysis and Development, PPD, APHIS, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1231; (301) 851-3072.

SUPPLEMENTARY INFORMATION:

Background

    The Security and Accountability for Every Port Act of 2006 (``SAFE 
Act'') requires the interagency establishment of a single portal 
system, known as the International Trade Data System (ITDS), to be 
operated by U.S. Customs and Border Protection (CBP). ITDS is an 
electronic information exchange capability, or ``single-window,'' 
through which individuals and businesses will transmit data required by 
participating agencies for the importation or exportation of cargo. The 
goal of ITDS is to eliminate redundant data reporting and replace 
multiple filings, many of which are on paper. ITDS provides individuals 
and companies involved in international trade with an electronic format 
to secure necessary certifications, complete required forms, and 
provide information about the requirements and regulations relevant to 
the commodity of interest. The Animal and Plant Health Inspection 
Service (APHIS) has actively participated in the development of ITDS in 
cooperation with CBP and other Federal agencies.
    As part of the ITDS initiative, CBP developed the Automated 
Commercial Environment (ACE), a single, centralized, online access 
point that connects the trade community and partner government 
agencies. ACE will allow trade participants access to and management of 
their trade information via reports; expedite legitimate trade by 
providing CBP with tools to efficiently process imports/exports and 
move goods quickly across the border; improve communication, 
collaboration and compliance efforts between CBP and the trade 
community; facilitate efficient collection, processing and analysis of 
commercial import and export data; and provide an information-sharing 
platform for trade data throughout government agencies.
    For its part, APHIS is working to enhance trade facilitation in 
several ways. In some cases, APHIS programs will work within ACE to 
take required actions. In other cases, legacy systems will be updated 
to allow for more efficient processing of the information. For example, 
a new permitting system, E-file, is currently being developed to 
replace the legacy E-permits system. E-file will be used across APHIS 
programs, will include advanced functionality, and will provide 
permitting data directly to ACE to allow for speedier review and 
admissibility determinations at the ports of arrival. Other APHIS 
system enhancements will allow for better communication with our CBP 
Agriculture colleagues concerning pest identification and allow for 
expansion of e-certification opportunities with our trading partners. 
APHIS recognizes the advantages provided by the ``single-window'' 
concept and will continue to incorporate those strategies into future 
planning.
    On February 19, 2014, President Obama issued Executive Order (E.O.) 
13659, Streamlining the Export/Import Process for America's Businesses, 
in order to reduce unnecessary procedural requirements to commerce 
while continuing to protect our national security, public health and 
safety, the environment, and natural resources. Pursuant to E.O. 13659, 
participating Federal agencies are to have capabilities, agreements, 
and other requirements in place to utilize ITDS and supporting systems 
such as ACE as the primary means of receiving from users the standard 
set of data and other relevant documentation required for the release 
of imported cargo and clearance of cargo for export no later than by 
December 31, 2016.
    Pursuant to E.O. 13659, APHIS has reviewed its regulations in 7 CFR 
chapter III and 9 CFR chapter I to identify any provisions that may 
present an obstacle to the use of ACE/ITDS or similar systems by 
persons importing plants/plant products or animals/animal products that 
are subject to APHIS' regulations.
    In particular, we looked for instances where the regulations 
required the use of a hard-copy form or specified that a particular 
document had to be submitted in writing. Where those limiting sorts of 
requirements were found, this final rule amends the regulations to 
provide the flexibility needed for persons to take advantage of 
electronic systems. The amendments we are making in this final rule do 
not mandate the use of electronic systems or preclude the use of paper 
documents; rather, the rule simply addresses those instances where our 
regulations specify a submission method to the exclusion of other 
methods.
    In many cases, however, we found our regulations require importers 
or shippers to provide documents such as import permits or certificates 
upon arrival in the United States without specifying the medium in 
which those

[[Page 40150]]

documents must be provided. We do not believe that provisions written 
in that manner require any changes since the language used already 
allows for the use of electronic systems.

Effective Date

    This final rule amends the regulations regarding the importation or 
exportation of animals and animal products and plants and plant 
products to address instances where the regulations require the use of 
a hard-copy form or specify that a particular document must be 
submitted in writing. Where those limiting sorts of requirements exist, 
this final rule amends the regulations to provide the flexibility 
needed for persons to take advantage of electronic systems without 
precluding the use of other methods already in place. Accordingly, the 
Administrator of APHIS has determined that good cause exists under 5 
U.S.C. 553 to publish this final rule without prior notice and 
opportunity for public comment.
    Since prior notice and other public procedures with respect to this 
final rule are impracticable, unnecessary, and contrary to the public 
interest, there is good cause under 5 U.S.C. 553 for making this final 
rule effective upon publication.
    Finally, since a notice of proposed rulemaking is not required 
pursuant to 5 U.S.C. 553, APHIS is not required to prepare and make 
available for public comment an initial or final regulatory flexibility 
analysis under the Regulatory Flexibility Act (5 U.S.C. 603 and 604).

Executive Order 12866

    This rule is subject to Executive Order 12866. However, for this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects

7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

7 CFR Part 322

    Bees, Honey, Imports, Reporting and recordkeeping requirements.

7 CFR Part 352

    Customs duties and inspection, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

7 CFR Part 353

    Exports, Plant diseases and pests, Reporting and recordkeeping 
requirements.

9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR parts 319, 322, 352, and 353 and 9 CFR parts 93 
and 94 are amended as follows:

Title 7--Agriculture

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450 and 7701-7772 and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.6  [Amended]

0
2. In Sec.  319.6, paragraph (e)(4) is amended by removing the words 
``written permission'' and adding the word ``authorization'' in their 
place.

0
3. Section 319.8-4 is revised to read as follows:


Sec.  319.8-4  Notice of arrival.

    Immediately upon arrival at a port of entry of any shipment of 
cotton or covers, the importer shall submit to an inspector or, in the 
case of Guam, through the Customs officer of the Government of Guam, 
notice of such arrival using a form provided for that purpose (Form 
PPQ-368). Forms will be submitted using a U.S. Government electronic 
information exchange system or other authorized method.

(Approved by the Office of Management and Budget under control 
number 0579-0049)


Sec.  319.40-4  [Amended]

0
4. In Sec.  319.40-4, paragraph (a) is amended by removing the words 
``A written'' and adding the word ``An'' in their place.


Sec.  319.40-9  [Amended]

0
5. In Sec.  319.40-9, paragraph (b)(1) is amended by removing the words 
``in writing or by telephone'' and adding the words ``by any authorized 
method'' in their place.

PART 322--BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT

0
6. The authority citation for part 322 continues to read as follows:

    Authority: 7 U.S.C. 281; 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 
2.22, 2.80, and 371.3.


0
7. Section 322.7 is amended as follows:
0
a. By removing the period at the end of paragraph (b)(3) and adding the 
word ``, or'' in its place.
0
b. By adding paragraph (b)(4).
    The addition reads as follows:


Sec.  322.7  Notice of arrival.

* * * * *
    (b) * * *
    (4) Using a U.S. Government electronic information exchange system 
or other authorized method.
* * * * *

0
8. Section 322.31 is amended as follows:
0
a. By removing the period at the end of paragraph (b)(3) and adding the 
word ``, or'' in its place.
0
b. By adding paragraph (b)(4).
    The addition reads as follows:


Sec.  322.31  Notice of arrival.

* * * * *
    (b) * * *
    (4) Using a U.S. Government electronic information exchange system 
or other authorized method.
* * * * *

PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS

0
9. The authority citation for part 352 continues to read as follows:

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.


0
10. Section 352.7 is revised to read as follows:


Sec.  352.7  Notice of arrival.

    Immediately upon arrival of any shipment of plants or plant 
products (including noxious weeds) subject to this part and covered by 
a specific permit, the importer shall submit to an inspector notice of 
such arrival using a form provided for that purpose (Form PPQ-368) and, 
where relevant, the proposed routing to the proposed U.S.

[[Page 40151]]

port of exit. Forms will be submitted using a U.S. Government 
electronic information exchange system or other authorized method. 
Notice of arrival shall not be required for other products or articles 
subject to this part since other available documentation meets the 
requirement for this notice.

(Approved by the Office of Management and Budget under control 
number 0579-0049)

PART 353--EXPORT CERTIFICATION

0
11. The authority citation for part 353 continues to read as follows:

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  353.1  [Amended]

0
12. Section 353.1 is amended as follows:
0
a. In the definition of export certificate for processed plant 
products, by adding the words ``or an approved electronic equivalent'' 
after the words ``Form 578''.
0
b. In the definition of phytosanitary certificate, by adding the words 
``or an approved electronic equivalent'' after the words ``Form 577''.
0
c. In the definition of phytosanitary certificate for reexport, by 
adding the words ``or an approved electronic equivalent'' after the 
words ``Form 579''.


Sec.  353.2  [Amended]

0
13. Section 353.2 is amended by removing the words ``(PPQ Form 577)'', 
``(PPQ Form 579)'', and ``(PPQ Form 578)''.

0
14. In Sec.  353.5, paragraph (a) is revised as follows:


Sec.  353.5  Application for certification.

    (a) To request the services of an inspector, a written application 
(PPQ Form 572) shall be made as far in advance as possible, and shall 
be filed in the office of inspection at the port of certification. 
Forms will be submitted using a U.S. Government electronic information 
exchange system or other authorized method.
* * * * *

Title 9--Animals and Animal Products

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

0
15. The authority citation for part 93 continues to read as follows:

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  93.101  [Amended]

0
16. Section 93.101 is amended as follows:
0
a. In paragraph (d) introductory text, footnote 4 is amended by adding 
the words ``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' after the numbers ``20737-1231''.
0
b. In paragraph (f)(2)(iii)(B) introductory text, by adding the words 
``, available electronically or through other authorized method'' after 
the words ``Form 17-8''.


Sec.  93.103  [Amended]

0
17. In Sec.  93.103, paragraph (a)(1) introductory text, footnote 8 is 
amended by adding the words ``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' after the numbers ``20737-1231''.

0
18. In Sec.  93.206, paragraph (c) is added to read as follows:


Sec.  93.206  Declaration and other documents for poultry.

* * * * *
    (c) Any declaration, permit, or other document for poultry required 
under this subpart may be issued and presented using a U.S. Government 
electronic information exchange system or other authorized method.


Sec.  93.215  [Amended]

0
19. In Sec.  93.215, paragraph (a)(2) is amended by removing the word 
``paper'' and adding the word ``document'' in its place, and by 
removing the words ``attached to'' and adding the words ``included 
with'' in their place.

0
20. In Sec.  93.305, paragraph (c) is added to read as follows:


Sec.  93.305  Declaration and other documents for horses.

* * * * *
    (c) Any declaration, permit, or other document for horses required 
under this subpart may be issued and presented using a U.S. Government 
electronic information exchange system or other authorized method.

0
21. In Sec.  93.407, paragraph (c) is added to read as follows:


Sec.  93.407  Declaration and other documents for ruminants.

* * * * *
    (c) Any declaration, permit, or other document for ruminants 
required under this subpart may be issued and presented using a U.S. 
Government electronic information exchange system or other authorized 
method.


Sec.  93.421  [Amended]

0
22. In Sec.  93.421, paragraph (a)(2) is amended by removing the word 
``paper'' and adding the word ``document'' in its place, and by 
removing the words ``attached to'' and adding the words ``included 
with'' in their place.

0
23. In Sec.  93.506, paragraph (c) is added to read as follows:


Sec.  93.506  Declaration and other documents for swine.

* * * * *
    (c) Any declaration, permit, or other document for swine required 
under this subpart may be issued and presented using a U.S. Government 
electronic information exchange system or other authorized method.


Sec.  93.519  [Amended]

0
24. In Sec.  93.519, paragraph (a)(2) is amended by removing the word 
``paper'' and adding the word ``document'' in its place, and by 
removing the words ``attached to'' and adding the words ``included 
with'' in their place.

0
25. In Sec.  93.704, paragraph (b) is revised to read as follows:


Sec.  93.704  Import permit.

* * * * *
    (b) Import permit required. Any person who desires to import a 
hedgehog or tenrec must submit an application (VS Form 17-129) for an 
import permit. Applications are available from the Import-Export 
Animals Staff, National Center for Import-Export, Veterinary Services, 
APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231 or by visiting 
http://www.aphis.usda.gov/animal_health/permits/. A separate 
application must be prepared for each shipment.
* * * * *

0
26. In Sec.  93.802, paragraph (b) is revised to read as follows:


Sec.  93.802  Import permit.

* * * * *
    (b) An application for an import permit may be obtained from the 
Import-Export Animals Staff, National Center for Import-Export, 
Veterinary Services, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231 or by visiting http://www.aphis.usda.gov/animal_health/permits/.
* * * * *


Sec.  93.804  [Amended]

0
27. Section 93.804 introductory text is amended by adding the words 
``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' 
after the numbers ``20737-1231'' and by

[[Page 40152]]

removing the words ``It must state:'' and adding the words ``Forms may 
be provided to the inspector using a U.S. Government electronic 
information exchange system or other authorized method. The completed 
form must state:'' in their place.


0
28. In Sec.  93.905, paragraph (b) is added to read as follows:


Sec.  93.905  Declaration and other documents for live fish, fertilized 
eggs, and gametes.

* * * * *
    (b) Any declaration, permit, or other document for live fish, 
fertilized eggs, and gametes required under this subpart may be issued 
and presented using a U.S. Government electronic information exchange 
system or other authorized method.
* * * * *

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, 
HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL 
SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM 
ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

0
29. The authority citation for part 94 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.


Sec.  94.6  [Amended]

0
30. In Sec.  94.6, paragraph (d) is amended by adding the words ``or 
visit http://www.aphis.usda.gov/animal_health/permits/'' at the end of 
the sentence.


Sec.  94.15  [Amended]

0
31 In Sec.  94.15, paragraphs (b)(1) and (c)(1) are amended by adding 
the words ``or by visiting http://www.aphis.usda.gov/animal_health/permits/'' after the numbers ``20737-1231''.

0
32. In Sec.  94.24, paragraph (b)(2) is revised to read as follows:


Sec.  94.24  Restrictions on importation of meat and edible products 
from ovines and caprines due to bovine spongiform encephalopathy.

* * * * *
    (b) * * *
    (2) The person importing the gelatin obtains a United States 
Veterinary Permit for Importation and Transportation of Controlled 
Materials and Organisms and Vectors by filing a permit application on 
VS Form 16-3. Permit applications are available from APHIS, Veterinary 
Services, National Center for Import and Export, 4700 River Road Unit 
38, Riverdale, MD 20737-1231, or at http://www.aphis.usda.gov/animal_health/permits/. Forms may be submitted using a U.S. Government 
electronic information exchange system or other authorized method. The 
application for such a permit must state the intended use of the 
gelatin and name and address of the consignee in the United States.


Sec.  94.27  [Amended]

0
33. In Sec.  94.27, the introductory text of paragraph (b) is amended 
by adding the words ``Notification may be made using a U.S. Government 
electronic information exchange system or other authorized method.'' 
after the words ``before such transit.''

    Done in Washington, DC, this 15th day of June 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-14616 Filed 6-20-16; 8:45 am]
 BILLING CODE 3410-34-P