81_FR_88035 81 FR 87801 - Dairy Tariff-Rate Quota Import Licensing Program

81 FR 87801 - Dairy Tariff-Rate Quota Import Licensing Program

DEPARTMENT OF AGRICULTURE

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87801-87802
FR Document2016-28384

This final rule amends the Dairy Tariff-Rate Quota Import Licensing Program to clarify that for the purposes of the Dairy Tariff- Rate Quota Import Licensing Program, U.S. Customs and Border Protection import entries submitted electronically, as well as on paper, are acceptable.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016) 
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87801-87802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28384]



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Rules and Regulations
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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / 
Rules and Regulations

[[Page 87801]]



DEPARTMENT OF AGRICULTURE

7 CFR Part 6

RIN 0551-AA82


Dairy Tariff-Rate Quota Import Licensing Program

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Final rule, technical amendment.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Dairy Tariff-Rate Quota Import 
Licensing Program to clarify that for the purposes of the Dairy Tariff-
Rate Quota Import Licensing Program, U.S. Customs and Border Protection 
import entries submitted electronically, as well as on paper, are 
acceptable.

DATES: Effective Date: December 6, 2016.

FOR FURTHER INFORMATION CONTACT: Contact Ron Lord, Director, Import 
Policies and Export Reporting Division, Foreign Agricultural Service, 
1400 Independence Avenue SW., Washington, DC 20250, STOP 1021, email at 
[email protected] or telephone (202) 720-6939.

SUPPLEMENTARY INFORMATION: 

Background

    The Security and Accountability for Every Port Act of 2006 (SAFE 
Port Act) (Pub. L. 109-347) requires that all Federal agencies that 
require documentation for clearing or licensing the importation and 
exportation of cargo to participate in the International Trade Data 
System (ITDS). The ITDS is a government-wide project that, in 
implementing the SAFE Port Act, will allow businesses to electronically 
submit the data required by U.S. Customs and Border Protection (CBP) 
and its Partner Government Agencies (PGAs) through the Automated 
Commercial Environment (ACE). Executive Order 13659, Streamlining the 
Export/Import Process for America's Businesses, signed on February 19, 
2014, requires that all Federal agencies complete their program and 
regulatory changes to comply with the SAFE Port Act by December 31, 
2016.
    Because the SAFE Port Act requires Federal agencies to accept 
electronic data, FAS finds under the good cause exception of the 
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), that the notice 
and comment process is unnecessary to make this technical amendment and 
is publishing this rule as a final rule without requesting comments.
    The current Dairy Tariff-Rate Quota Import Licensing Program 
regulation at 7 CFR 6.29 requires licensed importers to present certain 
documents at the time of CBP entry. To comply with the SAFE Port Act, 
this final rule amends the Dairy Tariff-Rate Quota Import Licensing 
Program regulation to permit the CBP entry of items requiring a dairy 
license by utilizing electronic, as well as paper documentation. No 
other changes are made to the regulation.

Executive Order 12866

    The final rule has been determined to be non-significant under E.O. 
12866 and has been reviewed by the Office of Management and Budget.

Regulatory Flexibility Act

    The Regulatory Flexibility Act ensures that regulatory and 
information requirements are tailored to the size and nature of small 
businesses, small organizations, and small governmental jurisdictions. 
This final rule will not have a significant economic impact on small 
businesses participating in the program.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988. The 
provisions of this final rule would not have a preemptive effect with 
respect to any State or local laws, regulations, or policies which 
conflict with such provision or which otherwise impede their full 
implementation. The final rule would not have a retroactive effect. 
Before any judicial action may be brought forward regarding this final 
rule, all administrative remedies must be exhausted.

National Environmental Policy Act

    The Administrator has determined that this action will not have a 
significant effect on the quality of the human environment. Therefore, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is necessary for this final rule.

Unfunded Mandates Reform Act (Pub. L. 104-4)

    Public Law 104-4 requires consultation with state and local 
officials and Indian tribal governments. This final rule does not 
impose an unfunded mandate or any other requirement on state, local, or 
tribal governments. Accordingly, these programs are not subject to the 
provisions of the Unfunded Mandates Reform Act.

Executive Order 12630

    This Order requires careful evaluation of governmental actions that 
interfere with constitutionally protected property rights. This final 
rule would not interfere with any property rights and, therefore, does 
not need to be evaluated on the basis of the criteria outlined in 
Executive Order 12630.

Government Paperwork Elimination Act

    FAS is committed to compliance with the Government Paperwork 
Elimination Act, which requires Government agencies, in general, to 
provide the public the option of submitting information or transacting 
business electronically to the maximum extent possible.

Delegation From the Office of the Secretary

    The Foreign Agricultural Service has been delegated authority to 
exercise the Department's responsibilities with respect to tariff-rate 
quotes for dairy products under chapter 4 of the Harmonized Tariff 
Schedule of the United States (7 CFR 2.43(a)(12)).

List of Subjects in 7 CFR Part 6

    Agricultural commodities, Dairy, Cheese, Imports, Procedural rules, 
Application requirements, Tariff-rate quota, Reporting and 
recordkeeping requirements.

    For the reasons described in the background, FAS is amending 7 CFR 
part 6 as follows:

[[Page 87802]]

PART 6--IMPORT QUOTAS AND FEES

Subpart--Dairy Tariff-Rate Quota Import Licensing

0
1. The authority citation for Subpart--Dairy Tariff-Rate Quota Import 
Licensing 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 amended (31 U.S.C. 9701), and secs. 103 and 404, Pub. L. 
103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601).


0
2. Revise Sec.  6.29(c), (d), and (e) to read as follows:


Sec.  6.29   Use of licenses.

* * * * *
    (c) If the article entered or withdrawn from warehouse for 
consumption was purchased by the licensee through a direct sale from a 
foreign supplier, the licensee shall present the following documents or 
their authorized electronic equivalent, when available, at the time of 
entry:
    (1) A true and correct copy of a through bill of lading from the 
country; and
    (2) A commercial invoice or bill of sale from the seller, showing 
the quantity and value of the product, the date of purchase and the 
country; or
    (3) Where the article was entered into warehouse by the foreign 
supplier, CBP Form 7501 endorsed by the foreign supplier, and the 
commercial invoice.
    (d) If the article entered was purchased by the licensee via sale-
in-transit, the licensee shall present the following documents or their 
authorized electronic equivalent, when available, at the time of entry:
    (1) A true and correct copy of a through bill of lading endorsed by 
the original consignee of the goods;
    (2) A certified copy of the commercial invoice or bill of sale from 
the foreign supplier to the original consignee of the goods; and
    (3) A commercial invoice or bill of sale from the original 
consignee to the licensee.
    (e) If the article entered was purchased by the licensee in 
warehouse, the licensee shall present the following documents or their 
authorized electronic equivalent, when available, at the time of entry:
    (1) CBP Form 7501 endorsed by the original consignee of the goods;
    (2) A certified copy of the commercial invoice or bill of sale from 
the foreign supplier to the original consignee of the goods; and
    (3) A commercial invoice or bill of sale from the original 
consignee to the licensee.
* * * * *

    Dated: October 19, 2016.
Bryce Quick,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 2016-28384 Filed 12-5-16; 8:45 am]
 BILLING CODE 3410-10-P

87801 Rules and Regulations Federal Register Vol. 81, No. 234 Tuesday, December 6, 2016 This section of the FEDERAL REGISTER the Export/Import Process for America’s National Environmental Policy Act contains regulatory documents having general Businesses, signed on February 19, applicability and legal effect, most of which The Administrator has determined 2014, requires that all Federal agencies that this action will not have a are keyed to and codified in the Code of complete their program and regulatory Federal Regulations, which is published under significant effect on the quality of the changes to comply with the SAFE Port human environment. Therefore, neither 50 titles pursuant to 44 U.S.C. 1510. Act by December 31, 2016. an Environmental Assessment nor an The Code of Federal Regulations is sold by Because the SAFE Port Act requires Environmental Impact Statement is the Superintendent of Documents. Prices of Federal agencies to accept electronic necessary for this final rule. new books are listed in the first FEDERAL data, FAS finds under the good cause REGISTER issue of each week. Unfunded Mandates Reform Act (Pub. exception of the Administrative L. 104–4) Procedure Act, 5 U.S.C. 553(b)(3)(B), that the notice and comment process is Public Law 104–4 requires DEPARTMENT OF AGRICULTURE consultation with state and local unnecessary to make this technical 7 CFR Part 6 amendment and is publishing this rule officials and Indian tribal governments. as a final rule without requesting This final rule does not impose an RIN 0551–AA82 comments. unfunded mandate or any other requirement on state, local, or tribal Dairy Tariff-Rate Quota Import The current Dairy Tariff-Rate Quota governments. Accordingly, these Licensing Program Import Licensing Program regulation at programs are not subject to the 7 CFR 6.29 requires licensed importers AGENCY: Foreign Agricultural Service, provisions of the Unfunded Mandates to present certain documents at the time Reform Act. USDA. of CBP entry. To comply with the SAFE ACTION: Final rule, technical Port Act, this final rule amends the Executive Order 12630 amendment. Dairy Tariff-Rate Quota Import This Order requires careful evaluation Licensing Program regulation to permit of governmental actions that interfere SUMMARY: This final rule amends the the CBP entry of items requiring a dairy Dairy Tariff-Rate Quota Import with constitutionally protected property license by utilizing electronic, as well as rights. This final rule would not Licensing Program to clarify that for the paper documentation. No other changes purposes of the Dairy Tariff-Rate Quota interfere with any property rights and, are made to the regulation. therefore, does not need to be evaluated Import Licensing Program, U.S. Customs and Border Protection import entries Executive Order 12866 on the basis of the criteria outlined in submitted electronically, as well as on Executive Order 12630. paper, are acceptable. The final rule has been determined to Government Paperwork Elimination be non-significant under E.O. 12866 and Act DATES: Effective Date: December 6, 2016. has been reviewed by the Office of FOR FURTHER INFORMATION CONTACT: Management and Budget. FAS is committed to compliance with Contact Ron Lord, Director, Import the Government Paperwork Elimination Policies and Export Reporting Division, Regulatory Flexibility Act Act, which requires Government Foreign Agricultural Service, 1400 agencies, in general, to provide the Independence Avenue SW., The Regulatory Flexibility Act public the option of submitting Washington, DC 20250, STOP 1021, ensures that regulatory and information information or transacting business email at Ronald.Lord@usda.gov or requirements are tailored to the size and electronically to the maximum extent telephone (202) 720–6939. nature of small businesses, small possible. organizations, and small governmental SUPPLEMENTARY INFORMATION: jurisdictions. This final rule will not Delegation From the Office of the Background have a significant economic impact on Secretary The Security and Accountability for small businesses participating in the The Foreign Agricultural Service has Every Port Act of 2006 (SAFE Port Act) program. been delegated authority to exercise the (Pub. L. 109–347) requires that all Executive Order 12988 Department’s responsibilities with Federal agencies that require respect to tariff-rate quotes for dairy documentation for clearing or licensing This final rule has been reviewed products under chapter 4 of the the importation and exportation of cargo under Executive Order 12988. The Harmonized Tariff Schedule of the to participate in the International Trade provisions of this final rule would not United States (7 CFR 2.43(a)(12)). Data System (ITDS). The ITDS is a have a preemptive effect with respect to List of Subjects in 7 CFR Part 6 government-wide project that, in any State or local laws, regulations, or implementing the SAFE Port Act, will policies which conflict with such Agricultural commodities, Dairy, mstockstill on DSK3G9T082PROD with RULES allow businesses to electronically provision or which otherwise impede Cheese, Imports, Procedural rules, submit the data required by U.S. their full implementation. The final rule Application requirements, Tariff-rate Customs and Border Protection (CBP) would not have a retroactive effect. quota, Reporting and recordkeeping and its Partner Government Agencies Before any judicial action may be requirements. (PGAs) through the Automated brought forward regarding this final For the reasons described in the Commercial Environment (ACE). rule, all administrative remedies must background, FAS is amending 7 CFR Executive Order 13659, Streamlining be exhausted. part 6 as follows: VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1

87802 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations PART 6—IMPORT QUOTAS AND FEES (3) A commercial invoice or bill of published yearly and effective on sale from the original consignee to the September 15. Subpart—Dairy Tariff-Rate Quota licensee. FOR FURTHER INFORMATION CONTACT: Import Licensing * * * * * Kenneth Ready, Airspace Policy Group, Dated: October 19, 2016. Office of Airspace Services, Federal ■ 1. The authority citation for Subpart— Bryce Quick, Aviation Administration, 800 Dairy Tariff-Rate Quota Import Independence Avenue SW., Licensing continues to read as follows: Acting Administrator, Foreign Agricultural Service. Washington, DC 20591; telephone: (202) Authority: Additional U.S. Notes 6, 7, 8, 267–8783. 12, 14, 16–23 and 25 to Chapter 4 and [FR Doc. 2016–28384 Filed 12–5–16; 8:45 am] SUPPLEMENTARY INFORMATION: General Note 15 of the Harmonized Tariff BILLING CODE 3410–10–P Schedule of the United States (19 U.S.C. Authority for This Rulemaking 1202), Pub. L. 97–258, 96 Stat. 1051, as amended (31 U.S.C. 9701), and secs. 103 and The FAA’s authority to issue rules DEPARTMENT OF TRANSPORTATION 404, Pub. L. 103–465, 108 Stat. 4819 (19 regarding aviation safety is found in U.S.C. 3513 and 3601). Federal Aviation Administration Title 49 of the United States Code. Subtitle I, Section 106 describes the ■ 2. Revise § 6.29(c), (d), and (e) to read 14 CFR Part 71 authority of the FAA Administrator. as follows: Subtitle VII, Aviation Programs, § 6.29 Use of licenses. [Docket No. FAA–2016–9265; Airspace describes in more detail the scope of the Docket No. 16–ANM–11] agency’s authority. This rulemaking is * * * * * (c) If the article entered or withdrawn RIN 2120–AA66 promulgated under the authority from warehouse for consumption was described in Subtitle VII, Part A, purchased by the licensee through a Amendment of VOR Federal Airways Subpart I, Section 40103. Under that direct sale from a foreign supplier, the V–235 and V–293 in the Vicinity of section, the FAA is charged with licensee shall present the following Cedar City, Utah prescribing regulations to assign the use documents or their authorized of the airspace necessary to ensure the AGENCY: Federal Aviation electronic equivalent, when available, at safety of aircraft and the efficient use of Administration (FAA), DOT. the time of entry: airspace. This regulation is within the ACTION: Final rule. scope of that authority as it modifies the (1) A true and correct copy of a through bill of lading from the country; SUMMARY: This action amends the legal air traffic service route structure in the and description of the Very High Frequency north central United States to maintain (2) A commercial invoice or bill of Omnidirectional Range (VOR) Federal the efficient flow of air traffic. sale from the seller, showing the airways V–235 and V–293 in the Availability and Summary of quantity and value of the product, the vicinity of Cedar City, UT. The FAA is Documents for Incorporation by date of purchase and the country; or taking this action because the Cedar City Reference (3) Where the article was entered into VOR/DME, included as part of the V– This document amends FAA Order warehouse by the foreign supplier, CBP 235 and V–293 route structure, is being 7400.11A, Airspace Designations and Form 7501 endorsed by the foreign renamed the Enoch VOR/DME. Reporting Points, dated August 3, 2016, supplier, and the commercial invoice. DATES: Effective date 0901 UTC, March and effective September 15, 2016. FAA (d) If the article entered was 2, 2017. The Director of the Federal Order 7400.11A is publicly available as purchased by the licensee via sale-in- Register approves this incorporation by listed in the ADDRESSES section of this transit, the licensee shall present the reference action under title 1, Code of document. FAA Order 7400.11A lists following documents or their authorized Federal Regulations, part 51, subject to Class A, B, C, D, and E airspace areas, electronic equivalent, when available, at the annual revision of FAA, Order air traffic service routes, and reporting the time of entry: 7400.11 and publication of conforming points. (1) A true and correct copy of a amendments. through bill of lading endorsed by the ADDRESSES: FAA Order 7400.11A, The Rule original consignee of the goods; Airspace Designations and Reporting This action amends Title 14 Code of (2) A certified copy of the commercial Points, and subsequent amendments can Federal Regulations (14 CFR) part 71 by invoice or bill of sale from the foreign be viewed online at http://www.faa.gov/ amending the legal description of VOR supplier to the original consignee of the air_traffic/publications/. For further Federal airways V–235 and V–293, in goods; and information, you can contact the the vicinity of Cedar City, UT. (3) A commercial invoice or bill of Airspace Policy Group, Federal Aviation Currently, V–235 and V–293 have Cedar sale from the original consignee to the Administration, 800 Independence City, UT, [VOR/DME] included as part licensee. Avenue SW., Washington, DC 20591; of their route structure. The Cedar City (e) If the article entered was telephone: (202) 267–8783. The Order is VOR and the Cedar City Airport share purchased by the licensee in warehouse, also available for inspection at the the same name, but are not co-located the licensee shall present the following National Archives and Records and are greater than 5 nautical miles documents or their authorized Administration (NARA). For apart. To eliminate the possibility of electronic equivalent, when available, at information on the availability of FAA confusion, and a potential flight safety mstockstill on DSK3G9T082PROD with RULES the time of entry: Order 7400.11A at NARA, call (202) issue, the Cedar City VOR/DME is (1) CBP Form 7501 endorsed by the 741–6030, or go to http:// renamed the Enoch VOR/DME; and will original consignee of the goods; www.archives.gov/federal_register/ have a new facility identifier (ENK). (2) A certified copy of the commercial code_of_federal-regulations/ Airways with Cedar City, UT, [VOR/ invoice or bill of sale from the foreign ibr_locations.html. DME] included in their legal supplier to the original consignee of the FAA Order 7400.11, Airspace descriptions will be amended to reflect goods; and Designations and Reporting Points, is the name change. The name change of VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1


Document Created: 2016-12-06 02:18:28
Document Modified: 2016-12-06 02:18:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule, technical amendment.
ContactContact Ron Lord, Director, Import Policies and Export Reporting Division, Foreign Agricultural Service, 1400 Independence Avenue SW., Washington, DC 20250, STOP 1021, email at [email protected] or telephone (202) 720-6939.
FR Citation81 FR 87801 
RIN Number0551-AA82
CFR AssociatedAgricultural Commodities; Dairy; Cheese; Imports; Procedural Rules; Application Requirements; Tariff-Rate Quota and Reporting and Recordkeeping Requirements
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