[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42288-42289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19561]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 149 / Wednesday, August 4, 1999 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 6
Dairy Tariff-Rate Import Quota Licensing
AGENCY: Office of the Secretary, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would make two revisions to Import
Regulation 1, Revision 8, which governs the administration of the
tariff-rate import quota (TRQ) licensing system for certain dairy
products. It would broaden the definition for ``Licensing Authority''
and provide for the review and correction of errors made by officers or
employees of the Federal Government.
DATES: Comments should be received on October 4, 1999 to be assured of
consideration.
ADDRESSES: Comments should be sent to Richard Warsack, Dairy Import
Quota Manager, Import Policies and Programs Division, 1400 Independence
Avenue SW, AG BOX 1021, U.S. Department of Agriculture, Washington, DC
20250-1021 or e-mail at warsack@fas.usda.gov. All comments received
will be available for public inspection in room 5541-S at the above
address and during normal business hours.
FOR FURTHER INFORMATION CONTACT: Richard Warsack, Import Policies and
Programs Division, 1400 Independence Avenue, SW, AG BOX 1021, U.S.
Department of Agriculture, Washington, DC 20250-1021, or telephone
(202) 720-2916, or e-mail at warsack@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12372
This program is not subject to the provision of Executive Order
12372, which requires intergovernmental consultation with State or
local officials. (See notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988.
The provisions of this proposed rule would have preemptive effect with
respect to any state or local laws, regulations, or policies which
conflict with such provisions or which otherwise impede their full
implementation. The proposed rule would not have retroactive effect.
The rule does not require that administrative remedies be exhausted
before suit may be filed.
Executive Order 12866
This proposed rule is issued in conformance with Executive Order
12866. It has been determined to be not significant for the purpose of
E.O. 12866 and, therefore, has not been reviewed by the Office of
Management and Budget (OMB).
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this proposed rule since the Office of the Secretary is
not required by 5 U.S.C. 553 or any other provision of law to publish a
notice of proposed rulemaking with respect to the subject matter of
this rule.
Paperwork Reduction Act
In accordance with provisions of the Paperwork Reduction Act of
1995, the current information collection is approved by OMB under OMB
control number 0551-0001, expiring on October 31, 2000. The proposed
rule would not add a paperwork burden on the public.
Background
This proposed rule would make two revisions to Import Regulation 1,
Revision 8, that governs the administration of the import licensing
system for certain dairy products, which are subject to TRQs provided
for in the Harmonized Tariff Schedule of the United States (HTS).
Licenses issued annually by the U.S. Department of Agriculture qualify
importers to enter specific quantities of certain dairy products under
the low-tier tariff rates established in the HTS. In addition, it
redesignates Sec. 6.35 as Sec. 6.36; and Sec. 6.36 as Sec. 6.37.
Section 6.21 Definitions
The proposed rule amends section 6.21 to remove the definition of
``Licensing Authority'' as the ``Dairy Import Quota Manager, Import
Policies and Programs Division, Foreign Agricultural Service, U.S.
Department of Agriculture'' and inserts in lieu thereof ``Any officer
or employee of the U.S. Department of Agriculture designated to act in
this position by the Director of the Division charged with managing the
Dairy Tariff-Rate Import Quota Licensing System, currently the Import
Policies and Programs Division of the Foreign Agricultural Service.''
The proposed amendment would give administrative flexibility to ensure
that the functions of the Licensing Authority would not be interrupted
during reorganizations or personnel changes.
Section 6.35 Correction of Errors
The proposed rule adds a new section 6.35, Correction of errors.
This section provides that if a person demonstrates, to the
satisfaction of the Licensing Authority, that errors were made by
officers or employees of the United States Government, the Licensing
Authority will review and rectify the errors to the extent possible
under the regulation. Errors related to activities conducted during
each calendar year must be brought to the attention of the Licensing
Authority no later than March 15 of the following calendar year. This
section also grants the Licensing Authority the authority to transfer
the applicable amount of the TRQ from Appendix 2 back to Appendix 1, so
the historical license can be issued in the following calendar year. In
addition, it provides for the publication of the cumulative changes to
the appendixes in the Federal Register.
List of Subjects in 7 CFR Part 6
Agricultural commodities, Cheese, Dairy products, Reports and
recordkeeping requirements.
Proposed Rule
Accordingly, it is proposed to amend 7 CFR part 6 subpart--Tariff-
Rate Import Quota Licensing as follows:
Subpart--Tariff-Rate Import Quota Licensing
1. The authority citation for part 6 continues to read as follows:
Authority: Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25
to Chapter 4 and General Note 15 of the Harmonized Tariff Schedule
of the United States (19 U.S.C. 1202), Pub. L. 97-258, 96 Stat.
1051, as
[[Page 42289]]
amended (31 U.S.C. 9701), and secs. 103 and 104, Pub. L. 103-465,
108 Stat. 4819 (19 U.S.C. 3513 and 3601).
2. Amend Sec. 6.21 by revising the definition of ``Licensing
Authority'' to read as follows:
Sec. 6.21 Definitions.
* * * * *
Licensing Authority. Any officer or employee of the U.S. Department
of Agriculture designated to act in this position by the Director of
the Division charged with managing the Dairy Tariff-Rate Import Quota
Licensing System, currently the Import Policies and Programs Division
of the Foreign Agricultural Service.
3. Redesignated Secs. 6.35 and 6.36 as Secs. 6.36 and 6.37,
respectively.
4. Add a new Sec. 6.35 to read as follows:
Sec. 6.35 Correction of errors.
(a) If a person demonstrates, to the satisfaction of the Licensing
Authority, that errors were made by officers or employees of the United
States Government, the Licensing Authority will review and rectify the
errors to the extent permitted under this subpart.
(b) To be considered, a person must provide sufficient
documentation regarding the error to the Licensing Authority not later
than March 15 of the calendar year following the calendar year in which
the error was alleged to have been committed.
(c) If the error resulted in the loss of a historical license by a
license holder, the Licensing Authority will transfer the amount of
such license from Appendix 2 to Appendix 1 in order to provide for the
issuance of such license in the calendar year following the calendar
year for which the license was not issued. The cumulative annual
transfers to Appendix 1 in accordance with this paragraph will be
published in the Federal Register.
Signed at Washington, DC on July 26, 1999.
Timothy J. Galvin,
Administrator, Foreign Agricultural Service.
[FR Doc. 99-19561 Filed 8-3-99; 8:45 am]
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