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Vegetable Processor This rule would revise the reporting requirements for imports ofcommodities regulated under SEC 608(e) (hereinafter referred to as"8e") of the Agricultural Marketing Agreement Act of 1937. Thesechanges would require that the inspection certificates generatedfor each lot of such commodities include the Entry Number from theCustoms and Border Patrol (CBP) documentation that accompanies thatlot. The proposed changes would also require that importers ofraisins, dates, and dried prunes report products exempt from 8eimport regulations on AMS Form FV-6--"Importers' Exempt CommodityForm," which is the same form that is currently used by importersof all other commodities exempt from 8e import regulations. Thisproposal also announces the Agricultural Marketing Service's (AMS)intention to request revisions to a currently-approved informationcollection for specified exempt import commodities. These changesare intended to streamline the tracking of imported products andprovide uniformity in electronic reporting systems used by theindustries and the Department of Agriculture (USDA). EFFECTIVE DATE: Comments must be received by July 29, 2008.Pursuant to the Paperwork Reduction Act, comment on the informationcollection burden that would result from this action must bereceived by July 29, 2008. ADDRESSES: Interested persons are invited to submit writtencomments concerning this proposal. Comments should be sent to theDocket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Processor. SUPPLEMENTARY INFORMATION: This proposed rule is issued undersection 8e of the Agricultural Marketing Agreement Act of 1937, asamended (7 U.S.C. 601-674), hereinafter referred to as the "Act."Section 8e provides that whenever certain commodities are regulatedunder Federal marketing orders, imports of those commodities intothe United States are prohibited unless they meet the same orcomparable grade, size, quality, or maturity requirements as thosein effect for the domestically produced commodities. To ensure thatthese requirements are met, the Act also authorizes USDA to performinspections and issue inspection certificates for such importedcommodities. Parts 944, 980, and 999 of title 7 of the Code of FederalRegulations (CFR) specify the information that should be includedon each inspection certificate issued for regulated imports offruits, vegetables, and specialty crops, respectively. Part 999further specifies which forms importers should use to report toUSDA and CBP imports of raisins, dates, and dried prunes that maybe exempt from other 8e requirements. Exempt commodities are thosewhich may be imported for purposes such as processing, donation tocharitable organizations, or animal feed. Under the import regulations contained in parts 944, 980, and 999,inspection certificates issued for imports of certain fruits,vegetables, and specialty crops, respectively, must includespecific information about the lot being inspected. In addition tostating whether the lot meets the import requirements, suchinformation as the date and place of inspection; the name of theapplicant; and the variety, quantity, and identifying marks of thelot inspected are required. Currently, many inspectors note the customs Entry Number pertainingto the lot being inspected, which is taken from the customsdocumentation accompanying that lot, in the "Remarks" section orelsewhere on the inspection certificate. The unique Entry Number isgenerated for each lot by CBP, and may be found on any one of thevarious forms used to report imported lots of fruit, vegetable, andspecialty crop commodities. USDA has found that the Entry Numberprovides an efficient way to identify individual lots ofcommodities and to cross-reference all the documents pertaining toeach lot. If, for instance, a certain lot fails to meet importregulations when first presented, it may be reworked and presentedfor inspection a second time. The Entry Number is used to tie boththe original and any succeeding inspections to that lot.Additionally, if a lot that fails to meet import requirements isdiverted to another market or destroyed, USDA and the importer canuse the Entry Number to track that lot through the process. This rule would make the inclusion of the customs Entry Number onall pertinent inspection certificates mandatory. Including theEntry Number on inspection certificates would allow importers tomore easily demonstrate that the requirements have been met foreach lot of regulated commodity imported into the United States.This action would also allow USDA to more easily track importedlots. Under the import regulations contained in parts 944, 980, and 999,individual lots of some imported commodities may be exempt from 8eregulations if they are to be used in the processing of otherproducts or consumed through some other exempted use, such as bycharitable organizations or as animal feed. However, importers andreceivers are still required to declare intent to import thosecommodities into the United States to CBP and USDA. Mostcommodities are reported using the generic Form FV-6--"Importer'sExempt Commodity Form." Exempt imports of two commodities--raisins and dates--are currentlyreported on forms unique to those commodities. Exempt imports ofraisins are reported on Raisin Form No. 1--"Raisins--Section 8eEntry Declaration" and Raisin Form No. 2--"Raisins--Section 8eCertification of Processor of Reseller." Exempt imports of datesare reported on Date Form No. 1--"Dates--Section 8e EntryDeclaration" and Date Form No. 2--"Dates--Section 8e Certificationof Processor of Reseller." The 8e regulations for dried prunes were indefinitely suspended onMay 27, 2005. The suspended language in SEC 999.200 specifies thatexempt imports of dried prunes are reported on Prune Form No.1--"Prunes--Section 8e Entry Declaration" and Prune Form No.2--"Prunes--Section 8e Certification of Processor of Reseller."Those forms would be used if the suspension was lifted in thefuture. This rule would change the reporting requirements for imported lotsof raisins, dates, and dried prunes that are exempt from other 8eregulations by replacing the commodity-specific import declarationforms described above with the generic Form FV-6. The informationcollected on Raisin, Date, and Prune Forms 1 and 2 is the same asthat collected for other commodities reported on Form FV-6. In itsconversion to the use of electronic reporting systems, USDA isadopting the use of an electronic Form FV-6 to monitor imports ofregulated commodities that are exempt from the import requirements.Replacing the existing raisin, date, and dried prune Forms 1 and 2with the generic Form FV-6 would enable USDA to streamline itsoperations by collecting information electronically and eliminatingunnecessary forms. The purpose of the RFA is to fit regulatory actions to the scale ofbusiness subject to such actions in order that small businesseswill not be unduly or disproportionately burdened. Marketing ordersissued pursuant to the Act, and rules issued thereunder, are uniquein that they are brought about through group action of essentiallysmall entities acting on their own behalf. Import regulationsissued under the Act are based on those established under Federalmarketing orders. Small agricultural business firms, which include importers andreceivers of these commodities, have been defined by the SmallBusiness Administration (13 CFR 121.601) as those having annualreceipts of less than $6,500,000. It is likely that the majority ofthese importers and receivers may be classified as small entities. This rule would revise the reporting requirements for imports ofcommodities regulated under section 8e by requiring that the EntryNumber from the CBP documentation that accompanies each shipment isincluded on all inspection certificates pertaining to that lot.Specifically, regulations under part 944 pertaining to imports ofavocados, grapefruit, table grapes, kiwifruit, oranges, freshprunes (plums), and olives; part 980 pertaining to Irish potatoes,onions, and tomatoes; and part 999 pertaining to dates, walnuts,dried prunes, raisins, and filberts (hazelnuts) would be revised. Requiring that the customs Entry Number be included on theinspection certificates should have very little impact on importersor receivers. The customs documentation containing the Entry Numberassigned to each shipment normally accompanies the shipment andshould be available at the time of inspection. The inspector wouldnote the Entry Number on the inspection certificate. This isalready being done by many inspectors. The inspection certificateis completed by Federal or Federal-State employees. Therefore,there is no regulatory burden on small entities.