81 FR 67140 - Notice of Arrival for Importations of Pesticides and Pesticidal Devices
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY Federal Register Volume 81, Issue 190 (September 30, 2016)
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67140-67144 | |
| FR Document | 2016-23578 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Rules and Regulations] [Pages 67140-67144] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23578] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [Docket No. USCBP-2016-0061; CBP Dec. 16-15] RIN 1515-AE12 Notice of Arrival for Importations of Pesticides and Pesticidal Devices AGENCY: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Interim regulations; solicitation of comments. ----------------------------------------------------------------------- SUMMARY: This document amends the U.S. Customs and Border Protection (CBP) regulations pertaining to the importation of pesticides and pesticidal devices into the United States subject to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, CBP is amending the regulations to permit the option of filing an electronic alternative to the U.S. Environmental Protection Agency's (EPA) ``Notice of Arrival of Pesticides and Devices'' (NOA) paper form, with entry documentation, via any CBP-authorized electronic data interchange system. This change will support modernization [[Page 67141]] initiatives, including implementation of the International Trade Data System (ITDS). This document also makes non-substantive conforming and editorial changes to the CBP regulations. DATES: This interim final rule is effective September 30, 2016. Comments must be submitted on or before October 31, 2016. ADDRESSES: You may submit comments, identified by docket number USCBP- 2016-0061, by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-1177. Instructions: All submissions received must include the agency name and docket title for this rulemaking, and must reference docket number USCBP-2016-0061. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ``Public Participation'' heading of the SUPPLEMENTARY INFORMATION section of the document. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Submitted comments may also be inspected during business days between the hours of 9:00 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 325-0118. FOR FURTHER INFORMATION CONTACT: For questions related to the filing of EPA forms with CBP, contact William R. Scopa, Branch Chief, Partner Government Branch, Inter-Agency Collaboration Division, Office of Trade, U.S. Customs and Border Protection, at william.r.scopa.cbp.dhs.gov. For EPA-related questions, contact Ryne Yarger, Environmental Protection Specialist, Field and External Affairs Division, Office of Pesticide Programs, U.S. Environmental Protection Agency, at [email protected], telephone (703) 605-1193. SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. See ADDRESSES above for information on how to submit comments. U.S. Customs and Border Protection (CBP) also invites comments that relate to the economic, environmental, or federalism effects that might result from this interim rule. Comments that will provide the most assistance to CBP will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. Background I. The Federal Insecticide, Fungicide and Rodenticide Act The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended (7 U.S.C. 136 et seq.), provides for federal regulation of pesticide distribution, sale, and use in the United States. Section 3 of the FIFRA, 7 U.S.C. 136a, requires that, with limited exceptions, all pesticides distributed or sold in the United States must be registered (licensed) by the U.S. Environmental Protection Agency (EPA). Section 17(c)(1) of the FIFRA, 7 U.S.C. 136o(c)(1), provides for EPA review of pesticides and devices being imported into the United States and authorizes U.S. Customs and Border Protection (CBP), at the request of EPA, to delay or refuse admission of imports that appear, from examination, to be adulterated, or misbranded, or otherwise violate the provisions of the FIFRA or are injurious to human health or the environment. Section 17(e) of the FIFRA, 7 U.S.C. 136o(e), provides that CBP, in consultation with EPA, will prescribe regulations for the enforcement of section 17(c). Under the FIFRA, EPA has authority to regulate the distribution or sale of registered and unregistered pesticides and pesticidal devices into the United States. In order to facilitate compliance with the FIFRA, the filing of EPA Form 3540-1 (``Notice of Arrival of Pesticides and Devices,'' hereinafter referred to in this document as ``NOA'') is required to notify EPA of the arrival of imported pesticides and devices and serves to assist EPA and CBP in fulfilling their statutory obligation under the FIFRA to regulate the importation, distribution, or sale of pesticides and devices in the United States. The NOA can be found in fillable .pdf format on EPA's ``Compliance'' Web site at https://www.epa.gov/compliance/epa-form-3540-1-notice-arrival-pesticides-and-devices. II. Current Pesticide and Device Importation Procedures The statutory provisions set forth in section 17(c) of the FIFRA, 7 U.S.C. 136o(c), are implemented in the CBP regulations at Sec. Sec. 12.110 through 12.117 of title 19 of the Code of Federal Regulations (19 CFR 12.110-12.117) and prescribe the administration of CBP's pesticide and device import program. Currently, when a pesticide or device is to be imported into the United States, the importer of record or its agent must submit, prior to arrival, a NOA to the EPA regional office with responsibility for the port of entry where the merchandise will be entered. EPA reviews and evaluates the information presented on the NOA and determines the disposition to be made of the shipment of the pesticides or devices upon their arrival in the United States. EPA may request additional information to make its determination on whether the pesticides or devices satisfy the requirements of the FIFRA. Upon review of the NOA, EPA will inform CBP of the action to be taken with respect to the shipment. The possible actions include release, detention, or refusal of entry of the shipment. The determination is indicated on the completed NOA form, which is signed by an EPA official and returned to the importer or its agent. The importer or the importer's agent must submit the completed NOA form to CBP along with the documentation required for the entry of merchandise. CBP will follow EPA's disposition instructions in the NOA and notify EPA when discrepancies exist between the NOA and the entry documents. III. Explanation of Interim Amendments to CBP Regulations CBP, in consultation with EPA, is amending the CBP regulations to permit the option of filing an electronic alternative to the NOA with the entry documentation, via any CBP-authorized electronic data interchange system. The NOA may still be filed in a paper format with the EPA prior to arrival of the shipment, and the completed NOA must be filed with CBP at the time of entry. These changes liberalize filing procedures and implement modernization initiatives including the International Trade Data System (ITDS), as established by section 405 of the Security and Accountability for Every (SAFE) Port Act of 2006, Public Law 109-347, 120 Stat. 1884, by utilizing a single-window system for the collection [[Page 67142]] and distribution of standard electronic import and export data required by participating Federal agencies. These amendments will allow electronic collection, processing, sharing, and review of requisite trade data and documents during the cargo import process. A discussion of the amendments to 19 CFR 12.110-12.117, other than non-substantive editorial changes, is set forth below. Section 12.111 Existing Sec. 12.111 (19 CFR 12.111) provides that all imported pesticides are required to be registered under the provisions of section 3 of the FIFRA, and pursuant to 40 CFR 162.10, before being permitted entry into the United States. Devices, although not required to be registered, must not bear any statement, design, or graphic representation that is false or misleading in any particular. CBP is amending this section to update an EPA regulatory citation and to conform to EPA regulations that allow certain pesticides to be imported without registration. Section 12.112 Existing Sec. 12.112(a) (19 CFR 12.112(a)) provides that prior to arrival of pesticides or devices into the United States, the importer must submit a NOA to the Administrator of the EPA. EPA will complete the NOA, indicating the disposition to be made of the shipment of pesticides or devices upon its arrival in the United States, and return it to the importer or its agent. Existing Sec. 12.112(b) exempts importers of chemicals imported for use other than as pesticides from the requirement to submit a NOA. This rule liberalizes the procedures set forth in 19 CFR 12.112(a) by permitting the option of filing an electronic alternative to the NOA, with the entry documentation, via any CBP-authorized electronic data interchange system. The NOA may still be filed in a paper format, however it must be submitted to the EPA prior to arrival of the shipment. Section 12.113 Existing Sec. 12.113 (19 CFR 12.113) prescribes the presentation of the NOA to CBP, and the ramifications of failure to do so. Specifically, paragraph (a) requires that upon arrival of a shipment of pesticides or devices into the United States, the importer or its agent must present the completed NOA to the CBP port director and the port director will notify EPA of any discrepancies between the entry documents for the shipment and the information contained in the NOA. Paragraph (b) provides that where a completed NOA is not presented to CBP upon arrival, the shipment will be detained by CBP at the importer's risk and expense until the completed NOA is presented or until other disposition is ordered by EPA. The detention may not exceed 30 days, unless extended by CBP for good cause for a period not to exceed an additional 30 days. The importer or his agent may also request CBP for an extension of the initial 30-day detention period. Paragraph (c) provides that a shipment that remains detained or undisposed of due to failure to present a completed NOA or non-receipt of the EPA shipment disposition order as to its disposition will be treated as a prohibited importation. CBP will cause the destruction of any such shipment not exported by the consignee within 90 days after the expiration of the detention period. CBP is amending Sec. 12.113 to clarify that CBP must be in receipt of the completed NOA at the time of entry, and not upon arrival, and that an electronic alternative to the NOA may be filed via any CBP- authorized electronic data interchange system with the filing of the entry documentation. Section 12.115 Section 12.115 (19 CFR 12.115) prescribes the terms applicable to when a shipment of detained pesticides or devices may be released to the consignee under bond pending an examination by EPA as to whether the goods comply with the requirements of the FIFRA. CBP is amending this section to conform to 19 CFR part 133 which permits the electronic filing of bonds. Section 12.116 Section 12.116 (19 CFR 12.116) prescribes the manner by which CBP will deliver samples of the imported pesticides or devices, and any related information, to EPA. CBP is amending this provision by removing the reference to ``in writing'' to reflect that CBP may notify the consignee electronically. Inapplicability of Notice and Delayed Effective Date The Administrative Procedure Act (APA) requirements in 5 U.S.C. 553 govern agency rulemaking procedures. Section 553(b) of the APA generally requires notice and public comment before issuance of a final rule. In addition, section 553(d) of the APA requires that a final rule have a 30-day delayed effective date. The APA, however, provides exceptions from the prior notice and public comment requirement and the delayed effective date requirements, when an agency for good cause finds that such procedures are impracticable, unnecessary, or contrary to the public interest. Treasury and CBP find that prior notice and comment procedures are unnecessary and that good cause exists to issue these regulations effective upon publication. Prior procedures are unnecessary because the rule does not substantively alter the underlying rights or interests of importers or filers, but only expands the options available to filers in presenting required information to the agency. Executive Orders 13563 and 12866 Executive Orders (E.O.) 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This interim rule is not a ``significant regulatory action,'' under section 3(f) of E.O. 12866. Accordingly, OMB has not reviewed this regulation. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of a proposed rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions) when the agency is required to publish a general notice of proposed rulemaking for a rule. Since a general notice of proposed rulemaking is not necessary for this rule, CBP is not required to prepare a regulatory flexibility analysis for this rule. Paperwork Reduction Act (PRA) The information collection activities associated with the existing requirements related to the submission of a paper NOA under 19 CFR 12.110-12.117, are currently approved by OMB under OMB control number 2070-0020 (EPA ICR No. 0152.10). This rule adds an electronic filing option to the existing paper filing option, in which the information collection activities for the electronic filing of a NOA have been [[Page 67143]] approved under OMB control number 2070-0020 (EPA ICR No. 0152.11). There is no change in burden hours as a result of this rule. Signing Authority This document is being issued in accordance with Sec. 0.1(a)(1) of the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his or her delegate) to approve regulations related to certain CBP revenue functions. List of Subjects in 19 CFR Part 12 Customs duties and inspection, Entry of merchandise, Imports, Pesticides and devices, Reporting and recordkeeping requirements. Amendments to Part 12 of the CBP Regulations For the reasons set forth in the preamble, 19 CFR part 12 is amended as set forth below. PART 12--SPECIAL CLASSES OF MERCHANDISE 0 1. The general authority citation for part 12, and the specific authority citations for sections 12.110 through 12.117, continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624. * * * * * Sections 12.110 through 12.117 also issued under 19 U.S.C. 1484 and 7 U.S.C. 136 et seq. * * * * * Sec. 12.110 [Amended] 0 2. Section 12.110 is amended: 0 a. In the first sentence, by removing the word ``shall''; and 0 b. In the second sentence, by removing the words ``shall mean'' and adding in their place the word ``means''. Sec. 12.111 [Amended] 0 3. In Sec. 12.111, the first sentence is amended by removing the word ``All'' and adding in its place the word ``Certain'', and by removing the number ``162.10'' and adding in its place the language ``part 152''. 0 4. Section 12.112 is amended by revising paragraph (a) to read as follows: Sec. 12.112 Notice of Arrival of pesticides and devices filed with the Administrator. (a) General. An importer or the importer's agent desiring to import pesticides or devices into the United States must submit to the Administrator, prior to the arrival of the shipment in the United States, a Notice of Arrival of Pesticides and Devices (Notice of Arrival) on U.S. Environmental Protection Agency (EPA) Form 3540-1. The Administrator will complete the Notice of Arrival and provide notification to the importer or the importer's agent indicating the disposition to be made of a pesticide or device upon its entry into the United States. In the alternative, the importer or the importer's agent may file an electronic alternative to the Notice of Arrival, with the filing of the entry documentation, via any CBP-authorized electronic data interchange system. * * * * * 0 5. Section 12.113 is revised to read as follows: Sec. 12.113 Arrival and entry of shipment of pesticides and devices. (a) Notice of Arrival form filed with CBP. Upon entry of a shipment of pesticides or devices into the United States, and concurrent with the filing of the entry documentation, CBP must be in receipt of a completed Notice of Arrival of Pesticides and Devices (Notice of Arrival) on U.S. Environmental Protection Agency (EPA) Form 3540-1 or its electronic alternative submitted via any CBP-authorized electronic data interchange system. A completed Notice of Arrival must have been signed by the Administrator and indicate any action to be taken by CBP with respect to the shipment. CBP will compare entry information for the shipment of pesticides or devices with the information in the Notice of Arrival and notify the Administrator of any discrepancies. (b) EPA Notice of Arrival declaration form not presented. When a shipment of pesticides or devices arrives and entry is attempted in the United States without a completed Notice of Arrival having been filed with CBP pursuant to paragraph (a) of this section, the shipment will be detained by CBP at the importer's risk and expense until the completed Notice of Arrival is presented to CBP or until other disposition is ordered by the Administrator. Such detention is not to exceed a period of 30-calendar days, or such additional extended 30- calendar day detention period as CBP may for good cause authorize. An importer or its agent may request an extension of the initial 30- calendar day detention period by filing a request with the director of the CBP port of entry. (c) Disposition of pesticides or devices remaining under detention. A shipment of pesticides or devices that remains detained or undisposed of due to the failure to timely submit to CBP a completed Notice of Arrival will be treated as a prohibited importation. CBP will cause the destruction of any such shipment not exported by the consignee within 90-calendar days after the expiration of the detention period specified or authorized by paragraph (b) of this section. 0 6. Section 12.114 is revised to read as follows: Sec. 12.114 Release or refusal of delivery. If the EPA directs the port director to release the shipment of pesticides or devices, the shipment will be released to the consignee. If the EPA directs the port director to refuse delivery of the shipment, the shipment will be refused delivery and treated as a prohibited importation. The port director will cause the destruction of any shipment refused delivery and not exported by the consignee within 90-calendar days after notice of such refusal of delivery. 0 7. Section 12.115 is revised to read as follows: Sec. 12.115 Release under bond of shipment detained for examination. If the EPA so directs, a shipment of pesticides or devices will be detained at the importer's risk and expense by the port director pending an examination by the Administrator to determine whether the shipment complies with the requirements of the Act. However, a shipment detained for examination may be released to the consignee prior to a determination by the Administrator provided a bond is furnished on CBP Form 301, or its electronic equivalent, containing the bond conditions set forth in Sec. 113.62 of this chapter, for the return of the merchandise to CBP custody, and upon entry of the merchandise and the satisfaction of all other applicable laws. The bond will be in an amount deemed appropriate by CBP. When a shipment of pesticides or devices is released to the consignee under bond, the pesticides or devices must not be used or otherwise disposed of until the determination on compliance with the requirements of the Act is made by the Administrator. Sec. 12.116 [Amended] 0 8. Section Sec. 12.116 is amended: in the first and last sentences, by removing the word ``shall'' each place that it appears and adding in each place the word ``will''; and, in the last sentence, by removing the phrase ``, in writing,''. Sec. 12.117 [Amended] 0 9. Section 12.117 is amended by removing the word ``shall'' each place [[Page 67144]] that it appears and adding in each place the word ``will''. R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. Approved: September 26, 2016. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2016-23578 Filed 9-29-16; 8:45 am] BILLING CODE 9111-14-P
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INITIAL COMMENTS—Continued
Abbreviation Commenter
Baker ........................................................................................................ Greta Baker.
Bardin ....................................................................................................... David J. Bardin.
BPA ........................................................................................................... Bonneville Power Administration.
Briggs ........................................................................................................ Kevin Briggs.
CEA .......................................................................................................... Canadian Electricity Association.
CSP .......................................................................................................... Center for Security Policy.
EIS ............................................................................................................ Electric Infrastructure Security Council.
Emprimus .................................................................................................. Emprimus LLC.
Exelon ....................................................................................................... Exelon Corporation.
Gaunt ........................................................................................................ Charles T. Gaunt.
Holdeman ................................................................................................. Eric Holdeman.
Hydro One ................................................................................................ Hydro One Networks Inc.
ITC ............................................................................................................ International Transmission Company.
Lloyd’s ....................................................................................................... Lloyd’s America, Inc.
JINSA ........................................................................................................ Jewish Institute for National Security Affairs.
Joint ISOs/RTOs ....................................................................................... ISO New England Inc., Midcontinent Independent Transmission Sys-
tem Operator, Inc., Independent Electricity System Operator, New
York Independent System Operator, Inc., and PJM Interconnection,
L.L.C.
Kappenman .............................................................................................. John G. Kappenman and Curtis Birnbach.
Morris ........................................................................................................ Eric S. Morris.
NERC ........................................................................................................ North American Electric Reliability Corporation.
Resilient Societies .................................................................................... Foundation for Resilient Societies.
Roodman .................................................................................................. David Roodman.
Trade Associations ................................................................................... American Public Power Association, Edison Electric Institute, Electricity
Consumers Resource Council, Electric Power Supply Association,
Large Public Power Council, National Rural Electric Cooperative As-
sociation.
Tri-State .................................................................................................... Tri-State Generation and Transmission Association, Inc.
USGS ........................................................................................................ United States Geological Survey.
SUPPLEMENTAL COMMENTS
AEP ........................................................................................................... American Electric Power Service Corporation.
Bardin ....................................................................................................... David J. Bardin.
CSP .......................................................................................................... Center for Security Policy.
Gaunt ........................................................................................................ Charles T. Gaunt.
IEEE .......................................................................................................... IEEE Power and Energy Society Transformers Committee.
Kappenman .............................................................................................. John G. Kappenman and Curtis Birnbach.
NERC ........................................................................................................ North American Electric Reliability Corporation.
Resilient Societies .................................................................................... Foundation for Resilient Societies.
Roodman .................................................................................................. David Roodman.
Trade Associations ................................................................................... American Public Power Association, Edison Electric Institute, Electricity
Consumers Resource Council, Electric Power Supply Association,
Large Public Power Council, National Rural Electric Cooperative As-
sociation.
USGS ........................................................................................................ United States Geological Survey.
[FR Doc. 2016–23441 Filed 9–29–16; 8:45 am] DEPARTMENT OF HOMELAND ACTION:Interim regulations; solicitation
BILLING CODE 6717–01–P SECURITY of comments.
U.S. Customs and Border Protection SUMMARY: This document amends the
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY (CBP) regulations pertaining to the
importation of pesticides and pesticidal
19 CFR Part 12 devices into the United States subject to
the Federal Insecticide, Fungicide, and
[Docket No. USCBP–2016–0061; CBP Dec. Rodenticide Act (FIFRA). Specifically,
16–15] CBP is amending the regulations to
asabaliauskas on DSK3SPTVN1PROD with RULES
permit the option of filing an electronic
RIN 1515–AE12 alternative to the U.S. Environmental
Notice of Arrival for Importations of Protection Agency’s (EPA) ‘‘Notice of
Pesticides and Pesticidal Devices Arrival of Pesticides and Devices’’
(NOA) paper form, with entry
AGENCY: U.S. Customs and Border documentation, via any CBP-authorized
Protection, Department of Homeland electronic data interchange system. This
Security; Department of the Treasury. change will support modernization
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approved under OMB control number Arrival) on U.S. Environmental will cause the destruction of any such
2070–0020 (EPA ICR No. 0152.11). Protection Agency (EPA) Form 3540–1. shipment not exported by the consignee
There is no change in burden hours as The Administrator will complete the within 90-calendar days after the
a result of this rule. Notice of Arrival and provide expiration of the detention period
notification to the importer or the specified or authorized by paragraph (b)
Signing Authority importer’s agent indicating the of this section.
This document is being issued in disposition to be made of a pesticide or
accordance with § 0.1(a)(1) of the CBP device upon its entry into the United ■ 6. Section 12.114 is revised to read as
regulations (19 CFR 0.1(a)(1)) pertaining States. In the alternative, the importer or follows:
to the authority of the Secretary of the the importer’s agent may file an
§ 12.114 Release or refusal of delivery.
Treasury (or his or her delegate) to electronic alternative to the Notice of
approve regulations related to certain Arrival, with the filing of the entry If the EPA directs the port director to
CBP revenue functions. documentation, via any CBP-authorized release the shipment of pesticides or
electronic data interchange system. devices, the shipment will be released
List of Subjects in 19 CFR Part 12
* * * * * to the consignee. If the EPA directs the
Customs duties and inspection, Entry port director to refuse delivery of the
■ 5. Section 12.113 is revised to read as
of merchandise, Imports, Pesticides and shipment, the shipment will be refused
follows:
devices, Reporting and recordkeeping delivery and treated as a prohibited
requirements. § 12.113 Arrival and entry of shipment of importation. The port director will
pesticides and devices.
Amendments to Part 12 of the CBP cause the destruction of any shipment
Regulations (a) Notice of Arrival form filed with refused delivery and not exported by the
CBP. Upon entry of a shipment of
For the reasons set forth in the consignee within 90-calendar days after
pesticides or devices into the United
preamble, 19 CFR part 12 is amended as notice of such refusal of delivery.
States, and concurrent with the filing of
set forth below. the entry documentation, CBP must be ■ 7. Section 12.115 is revised to read as
in receipt of a completed Notice of follows:
PART 12—SPECIAL CLASSES OF Arrival of Pesticides and Devices
MERCHANDISE (Notice of Arrival) on U.S. § 12.115 Release under bond of shipment
detained for examination.
■ 1. The general authority citation for Environmental Protection Agency (EPA)
part 12, and the specific authority Form 3540–1 or its electronic alternative If the EPA so directs, a shipment of
citations for sections 12.110 through submitted via any CBP-authorized pesticides or devices will be detained at
12.117, continue to read as follows: electronic data interchange system. A the importer’s risk and expense by the
completed Notice of Arrival must have port director pending an examination by
Authority: 5 U.S.C. 301; 19 U.S.C. 66, been signed by the Administrator and
1202 (General Note 3(i), Harmonized Tariff
the Administrator to determine whether
indicate any action to be taken by CBP the shipment complies with the
Schedule of the United States (HTSUS)),
with respect to the shipment. CBP will requirements of the Act. However, a
1624.
compare entry information for the shipment detained for examination may
* * * * * shipment of pesticides or devices with be released to the consignee prior to a
Sections 12.110 through 12.117 also issued the information in the Notice of Arrival determination by the Administrator
under 19 U.S.C. 1484 and 7 U.S.C. 136 et seq. and notify the Administrator of any provided a bond is furnished on CBP
* * * * * discrepancies. Form 301, or its electronic equivalent,
(b) EPA Notice of Arrival declaration
§ 12.110 [Amended] form not presented. When a shipment of containing the bond conditions set forth
pesticides or devices arrives and entry in § 113.62 of this chapter, for the return
■ 2. Section 12.110 is amended:
is attempted in the United States of the merchandise to CBP custody, and
■ a. In the first sentence, by removing
without a completed Notice of Arrival upon entry of the merchandise and the
the word ‘‘shall’’; and
■ b. In the second sentence, by having been filed with CBP pursuant to satisfaction of all other applicable laws.
removing the words ‘‘shall mean’’ and paragraph (a) of this section, the The bond will be in an amount deemed
adding in their place the word ‘‘means’’. shipment will be detained by CBP at the appropriate by CBP. When a shipment
importer’s risk and expense until the of pesticides or devices is released to
§ 12.111 [Amended] completed Notice of Arrival is presented the consignee under bond, the
■ 3. In § 12.111, the first sentence is to CBP or until other disposition is pesticides or devices must not be used
amended by removing the word ‘‘All’’ ordered by the Administrator. Such or otherwise disposed of until the
and adding in its place the word detention is not to exceed a period of determination on compliance with the
‘‘Certain’’, and by removing the number 30-calendar days, or such additional requirements of the Act is made by the
‘‘162.10’’ and adding in its place the extended 30-calendar day detention Administrator.
language ‘‘part 152’’. period as CBP may for good cause
authorize. An importer or its agent may § 12.116 [Amended]
■ 4. Section 12.112 is amended by
revising paragraph (a) to read as follows: request an extension of the initial 30- ■ 8. Section § 12.116 is amended: in the
calendar day detention period by filing first and last sentences, by removing the
§ 12.112 Notice of Arrival of pesticides and a request with the director of the CBP word ‘‘shall’’ each place that it appears
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devices filed with the Administrator. port of entry.
and adding in each place the word
(a) General. An importer or the (c) Disposition of pesticides or devices
importer’s agent desiring to import remaining under detention. A shipment ‘‘will’’; and, in the last sentence, by
pesticides or devices into the United of pesticides or devices that remains removing the phrase ‘‘, in writing,’’.
States must submit to the Administrator, detained or undisposed of due to the § 12.117 [Amended]
prior to the arrival of the shipment in failure to timely submit to CBP a
the United States, a Notice of Arrival of completed Notice of Arrival will be ■ 9. Section 12.117 is amended by
Pesticides and Devices (Notice of treated as a prohibited importation. CBP removing the word ‘‘shall’’ each place
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that it appears and adding in each place rulemaking. All comments received will complied with by members of the public
the word ‘‘will’’. be posted without change to https:// submitting petitions for duty
edis.usitc.gov including any personal suspensions and reductions under
R. Gil Kerlikowske,
information provided. For paper copies, section 3(b)(1)(A) of that Act.
Commissioner, U.S. Customs and Border a signed original and 8 copies of each The Commission is promulgating
Protection. rules governing the submission and
set of comments should be submitted to
Approved: September 26, 2016. Lisa R. Barton, Secretary, U.S. consideration of petitions for duty
Timothy E. Skud, International Trade Commission, 500 E suspensions and reductions under the
Deputy Assistant Secretary of the Treasury. Street SW., Room 112A, Washington, Act. Section 3 of the Act establishes a
[FR Doc. 2016–23578 Filed 9–29–16; 8:45 am] DC 20436. process for the submission and
BILLING CODE 9111–14–P For access to the docket to read consideration of petitions for duty
background documents or comments suspensions and reductions. More
received, go to https://edis.usitc.gov specifically, it directs the Commission
INTERNATIONAL TRADE and/or the U.S. International Trade to publish a notice by October 15, 2016,
COMMISSION Commission, 500 E Street SW., Room that requests members of the public to
112A, Washington, DC 20436. submit petitions to the Commission for
19 CFR Part 220 FOR FURTHER INFORMATION CONTACT: Lisa
duty suspensions and reductions,
R. Barton, Secretary, telephone (202) provided that they can demonstrate that
Rules Relating to the Submission and they are likely beneficiaries of such duty
205–2000 or William Gearhart, Esquire,
Consideration of Petitions for Duty suspensions or reductions. The Act also
Office of the General Counsel, United
Suspensions and Reductions provides that the petitioners must
States International Trade Commission,
telephone (202) 205–3091. Hearing- submit disclosure forms with respect to
AGENCY: United States International
such duty suspensions and reductions.
Trade Commission. impaired individuals are advised that
The petitions and disclosure forms must
ACTION: Interim rule with request for information on this matter can be
be submitted during the 60-day period
comments. obtained by contacting the
beginning on the date of publication of
Commission’s TDD terminal at 202–
SUMMARY: The United States the Commission’s notice. Section 3 of
205–1810. General information
International Trade Commission the Act also lists the types of
concerning the Commission may also be
(Commission) is adopting interim rules information that must be included in a
obtained by accessing its Web site at
that will amend the Commission’s Rules petition.
https://www.usitc.gov. Section 3 of the Act requires that the
of Practice and Procedure and establish SUPPLEMENTARY INFORMATION: The Commission publish on its Web site all
a new part governing the submission preamble below is designed to assist of the petitions that contain the required
and consideration of petitions for duty readers in understanding these information and the related disclosure
suspensions and reductions under the amendments to the Commission’s Rules forms no later than 30 days after the
American Manufacturing of Practice and Procedure (the Rules). close of the 60-day filing period. It also
Competitiveness Act of 2016. This preamble provides background provides that members of the public
DATES: information, a regulatory analysis of the will have 45 days from the date of the
Effective date: September 30, 2016. amendments, a section-by-section notice’s publication to submit
Deadline for filing written comments: explanation of the amendments, and a comments to the Commission regarding
November 29, 2016. description of the amendments to the the petitions and disclosure forms. The
ADDRESSES: You may submit comments, Rules. The Commission encourages Commission must make those
identified by docket number MISC–046, members of the public to comment on comments available to the public on the
rulemaking regarding petitions for duty whether the language of the Commission’s Web site.
suspensions and reductions, by any of amendments is sufficiently clear for These amendments establish new
the following methods: users to understand, and to submit any Commission rules governing the
—Federal eRulemaking Portal: https:// other comments they wish to make on submission of petitions and the issuance
www.regulations.gov. Follow the the amendments. of the Commission’s reports to the
instructions for submitting comments. These amendments are being Congress under the Act. The new rules
—Agency Web site: https:// promulgated in accordance with the identify the types of entities that may
edis.usitc.gov. Follow the instructions Administrative Procedure Act (5 U.S.C. file a petition, describe the information
for submitting comments on the Web 553) (APA), and will be codified in 19 that must be included in a petition,
site. CFR part 220. provide procedures for public comment,
—Mail: For paper submission. U.S. and describe the schedule for filing
International Trade Commission, 500 Background
petitions and public comments. The
E Street SW., Room 112A, Section 335 of the Tariff Act of 1930 new rules also describe the content of
Washington, DC 20436. (19 U.S.C. 1335) authorizes the the preliminary and final reports that
—Hand Delivery/Courier: U.S. Commission to adopt such reasonable the Commission must submit to the
International Trade Commission, 500 procedures, rules and regulations as it Congress, and the time for submitting
E Street SW., Room 112A, deems necessary to carry out its those reports, and otherwise establish
Washington, DC 20436. From the functions and duties. In addition, procedures relating to the Commission’s
asabaliauskas on DSK3SPTVN1PROD with RULES
hours of 8:45 a.m. to 5:15 p.m. section 3(b)(5) of the American review and processing of the petitions
Instructions: All submissions received Manufacturing Competitiveness Act of under the Act.
must include the agency name and 2016, Public Law 114–159, 130 Stat. 396
docket number (MISC–046, Rulemaking (19 U.S.C. 1332 note) (the Act) directs Procedure for Adopting the Interim
Regarding Petitions for Duty the Commission to prescribe and Amendments
Suspensions/Reductions), along with a publish in the Federal Register and on The Commission ordinarily
cover letter stating the nature of the a publicly available internet Web site of promulgates amendments to the Code of
commenter’s interest in the proposed the Commission procedures to be Federal Regulations in accordance with
VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\30SER1.SGM 30SER1](https://thefederalregister.org/doc/81_FR_67330/page/5.svg)
Document Created: 2018-02-09 13:33:26
Document Modified: 2018-02-09 13:33:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim regulations; solicitation of comments. | |
| Dates | This interim final rule is effective September 30, 2016. Comments must be submitted on or before October 31, 2016. | |
| Contact | For questions related to the filing of EPA forms with CBP, contact William R. Scopa, Branch Chief, Partner Government Branch, Inter-Agency Collaboration Division, Office of Trade, U.S. Customs and Border Protection, at william.r.scopa.cbp.dhs.gov. For EPA-related questions, contact Ryne Yarger, Environmental Protection Specialist, Field and External Affairs Division, Office of Pesticide Programs, U.S. Environmental Protection Agency, at [email protected], telephone (703) 605-1193. | |
| FR Citation | 81 FR 67140 | |
| RIN Number | 1515-AE12 | |
| CFR Associated | Customs Duties and Inspection; Entry of Merchandise; Imports; Pesticides and Devices and Reporting and Recordkeeping Requirements |
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