[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86104-86106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov. 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: https://www.regulations.gov. 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: 
[email protected].
    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: [email protected].

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]
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