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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. FV99-944-1 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.

DATES: Comments on this notice must be received by November 12, 1999.

ADDITIONAL INFORMATION OR COMMENTS: Contact Valerie L. Emmer-Scott,

Marketing Specialist, Marketing Order Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room 2525-S., P.O. Box 96456,

Washington, DC 20090-6456; Tel: (202) 205-2829, Fax: (202) 720-5698, 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, 2000.

Type of Request: Extension and revision of a currently approved

information collection.

Abstract: Section 8e of the Agricultural Marketing Agreement Act of

1937 (AMAA), 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, olives (other than Spanish-

style 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 reporting

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 AMAA

without the cost of going to a hearing. Stipulation agreements may be

appropriate for, but not 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 .1698 hours per response.

Respondents: Importers and receivers of exempt commodities.

Estimated Number of Respondents: 1,920.

Estimated Number of Responses per Respondent: 5.

Estimated Total Annual Burden on Respondents: 1,632 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

[[Page 49439]]

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, P.O. Box 96456, Room

2525-S, Washington, D.C. 20090-6456; Fax (202) 720-5698; 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., S.W., Washington, D.C., 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.

Signed: September 7, 1999

Robert C. Keeney

Deputy Administrator, Fruit and Vegetable Programs

[FR Doc. 99-23790 Filed 9-10-99; 8:45 am]

BILLING CODE 3410-02-p