82_FR_26691 82 FR 26582 - Merchandise Produced by Convict, Forced, or Indentured Labor; Conforming Amendment and Technical Corrections

82 FR 26582 - Merchandise Produced by Convict, Forced, or Indentured Labor; Conforming Amendment and Technical Corrections

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range26582-26584
FR Document2017-11908

This document amends the U.S. Customs and Border Protection regulations to reflect section 910 of the Trade Facilitation and Trade Enforcement Act of 2015 by removing the ``consumptive demand'' clause from the regulations concerning the prohibition on the importation of merchandise produced by convict, forced, or indentured labor. It also updates the regulations to reflect the correct name of the agency and includes a minor procedural change with regard to the filing of proof of admissibility.

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26582-26584]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11908]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. No. 17-04]
RIN 1515-AE22


Merchandise Produced by Convict, Forced, or Indentured Labor; 
Conforming Amendment and Technical Corrections

AGENCY:  U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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

SUMMARY: This document amends the U.S. Customs and Border Protection 
regulations to reflect section 910 of the Trade Facilitation and Trade 
Enforcement Act of 2015 by removing the ``consumptive demand'' clause 
from the regulations concerning the prohibition on the importation of 
merchandise produced by convict, forced, or indentured labor. It also 
updates the regulations to reflect the correct name of the agency and 
includes a minor procedural change with regard to the filing of proof 
of admissibility.

DATES: This final rule is effective on June 8, 2017.

FOR FURTHER INFORMATION CONTACT: Thomas Kendrick, Trade Remedy Law 
Enforcement Directorate, Office of Trade, [email protected], 
(202) 863-6057.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 307 of the Tariff Act of 1930, as amended (19 U.S.C. 1307) 
prohibits

[[Page 26583]]

the importation of merchandise that has been mined, produced, or 
manufactured, wholly or in part, in any foreign country by forced 
labor, including prison labor and forced child labor. Despite this 
general prohibition, the Tariff Act of 1930 included a ``consumptive 
demand'' clause, which allowed for the importation of forced-labor-
derived goods if the goods were not produced in such quantities in the 
United States as to meet the ``consumptive demands'' of the United 
States.
    On February 24, 2016, the President signed into law the Trade 
Facilitation and Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114-
125). Section 910 of TFTEA repeals the ``consumptive demand'' clause in 
section 307 of the Tariff Act of 1930, thereby eliminating the 
consumptive demand exception to the prohibition on importation of goods 
made with convict labor, forced labor, or indentured servitude. This 
amendment went into effect on March 10, 2016.

II. Amendments to the Regulations To Remove the ``Consumptive Demand'' 
Clause

    The regulations corresponding to section 307 of the Tariff Act of 
1930, as amended, are contained within title 19 of the Code of Federal 
Regulations (CFR) at 19 CFR 12.42-12.45, ``Merchandise Produced by 
Convict, Forced, or Indentured Labor.'' This document amends these 
regulations to remove the ``consumptive demand'' exception from the 
general prohibition against the importation of goods produced by 
convict, forced, or indentured labor. While U.S. Customs and Border 
Protection (CBP) has been enforcing the ban on the importation of 
merchandise produced through convict, forced, or indentured labor 
without taking consumptive demand into consideration since section 910 
of TFTEA has gone into effect, this conforming amendment is necessary 
to ensure that 19 CFR reflects the recent statutory amendment. This 
rulemaking is limited to this conforming amendment and other minor non-
substantive amendments.
    The non-substantive amendments included in this rulemaking are 
amendments to correct a spelling error, replace outdated references to 
``Customs'' with ``CBP'', and make a minor procedural change. The 
change in terminology from ``Customs'' to ``CBP'' is consistent with 
the transfer of the legacy U.S. Customs Service of the Department of 
the Treasury to the Department of Homeland Security (DHS) in 2003 and 
the subsequent renaming of the agency as U.S. Customs and Border 
Protection (CBP) by DHS on March 31, 2007. See 72 FR 20131, April 23, 
2007. See also 75 FR 12445, March 16, 2010.
    The procedural change involves the addition of a person (i.e., the 
Port Director) to whom an importer may submit proof of admissibility 
when contending that an article was not mined, produced, or 
manufactured in any part with the use of a prohibited class of labor. 
The current regulation (19 CFR 12.43(b)) provides that the importer 
shall submit this information to the Commissioner. To provide more 
flexibility, and for consistency with 19 CFR 12.42(b), CBP is amending 
this provision to allow for the proof of admissibility to be submitted 
to the Commissioner of CBP or to the Port Director.

III. Inapplicability of Notice and Delayed Effective Date

    The Administrative Procedure Act (APA) generally requires agencies 
to publish a notice of proposed rulemaking in the Federal Register and 
provide interested persons the opportunity to submit comments. See 5 
U.S.C. 553(b) and (c). However, certain exceptions are provided.
    The APA provides an exception from notice and comment procedures 
when an agency finds for good cause that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' See 
5 U.S.C. 553(b)(3)(B). In this case, CBP finds that good cause exists 
for dispensing with notice and public procedure as unnecessary because 
the conforming amendment and technical corrections set forth in this 
document are required to ensure that 19 CFR reflects both the recent 
amendments to the underlying statutory authority effected by section 
910 of TFTEA and the most up-to-date terminology. For this same reason, 
pursuant to 5 U.S.C. 553(d)(3), CBP finds that good cause exists for 
dispensing with the requirement for a delayed effective date.
    The APA also provides an exception to the prior notice and comment 
requirement for ``rules of agency organization, procedure, or 
practice.'' See 5 U.S.C. 553(b)(A). The procedural change discussed 
above, i.e., including an additional person to whom an importer may 
submit proof of admissibility when contending that an article was not 
mined, produced, or manufactured in any part with the use of a 
prohibited class of labor, is a minor change that has been promulgated 
for agency efficiency purposes, and is a rule of internal agency 
procedure.

IV. Statutory and Regulatory Requirements

A. Executive Orders 12866 and 13563

    Executive Orders 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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. As these amendments are a conforming amendment and 
technical corrections to the regulations to reflect statutory changes 
and to make minor non-substantive edits, these amendments do not meet 
the criteria for a ``significant regulatory action,'' under section 
3(f) of Executive Order 12866.
The Regulatory Flexibility Act
    Because this document is not subject to the notice and public 
procedure requirements of 5 U.S.C. 553, it is not subject to the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

B. Paperwork Reduction Act

    There is no new collection of information required in this 
document; therefore, the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507) are inapplicable.

C. Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or 
that of his delegate) to approve regulations related to certain customs 
revenue functions.

List of Subjects in 19 CFR Part 12

    Customs duties and inspection, Reporting and recordkeeping 
requirements.

Amendments to the CBP Regulations

    For the reasons stated above in the preamble, CBP amends 19 CFR 
part 12 as set forth below.

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 continues and the 
specific authority for Sections 12.42 through 12.44 is revised to read 
as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff

[[Page 26584]]

Schedule of the United States (HTSUS)), 1624.
* * * * *
    Sections 12.42 through 12.44 also issued under 19 U.S.C. 1307, 
Pub. L. 105-61 (111 Stat. 1272), and Public L. 114-125 (130 Stat. 
122);
* * * * *


0
2. Amend Sec.  12.42 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a), remove the words ``Commissioner of Customs'' and 
add in their place ``Commissioner of CBP'';
0
c. Revise paragraph (b);
0
d. In paragraphs (c), (d), (e), and (f) remove the words ``Commissioner 
of Customs'' and add in their place ``Commissioner of CBP''; and
0
e. In paragraph (g), remove the word ``specifed'' and add in its place 
``specified'' and remove the word ``Customs'' and add in its place 
``CBP'';
    The revisions read as follows:


Sec.  12.42   Findings of Commissioner of CBP.

* * * * *
    (b) Any person outside CBP who has reason to believe that 
merchandise produced in the circumstances mentioned in paragraph (a) of 
this section is being, or is likely to be, imported into the United 
States may communicate his belief to any port director or the 
Commissioner of CBP. Every such communication shall contain, or be 
accompanied by:
    (1) A full statement of the reasons for the belief;
    (2) A detailed description or sample of the merchandise; and
    (3) All pertinent facts obtainable as to the production of the 
merchandise abroad.
* * * * *


Sec.  12.43   [Amended]

0
3. In Sec.  12.43, in paragraphs (a) and (b), remove the words 
``Commissioner of Customs'' and add in their place the words ``port 
director or Commissioner of CBP''.


Sec.  12.44   [Amended]

0
5. Amend Sec.  12.44 as follows:
0
a. In paragraphs (a) and (b) remove all instances of the words 
``Commissioner of Customs'' and add in their place ``Commissioner of 
CBP''; and
0
b. In paragraph (c) remove the word ``Customs'' and add in its place 
``CBP''.

    Dated: June 5, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-11908 Filed 6-7-17; 8:45 am]
BILLING CODE 9111-14-P



                                                  26582               Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations

                                                  Part A, Subpart III, Section 44701:                     (b) Affected ADs                                          (3) For service information identified in
                                                  ‘‘General requirements.’’ Under that                      None.                                                this AD, contact General Electric Company,
                                                  section, Congress charges the FAA with                                                                         GE-Aviation, Room 285, 1 Neumann Way,
                                                                                                          (c) Applicability                                      Cincinnati, OH 45215, phone: 513–552–3272;
                                                  promoting safe flight of civil aircraft in
                                                                                                            This AD applies to all GEnx–1B64, –1B64/             fax: 513–552–3329; email: geae.aoc@ge.com.
                                                  air commerce by prescribing regulations                                                                           (4) You may view this service information
                                                  for practices, methods, and procedures                  P1, –1B64/P2, –1B67, –1B67/P1, –1B67/P2,
                                                                                                          –1B70, 1B70/P1, –1B70/P2, –1B70/75/P1,                 at the FAA, Engine & Propeller Directorate,
                                                  the Administrator finds necessary for                                                                          1200 District Avenue, Burlington, MA. For
                                                                                                          –1B70/75/P2, –1B70C/P1, –1B70C/P2,
                                                  safety in air commerce. This regulation                 –1B74/75/P1, –1B74/75/P2, –1B76A/P2                    information on the availability of this
                                                  is within the scope of that authority                   engines with outer left side signal fuel               material at the FAA, call 781–238–7125.
                                                  because it addresses an unsafe condition                manifold, part number (P/N) 2403M46G01,                (j) Material Incorporated by Reference
                                                  that is likely to exist or develop on                   and CAGE code 05813, installed.
                                                                                                                                                                    None.
                                                  products identified in this rulemaking
                                                                                                          (d) Subject                                              Issued in Burlington, Massachusetts, on
                                                  action.
                                                                                                            Joint Aircraft System Component (JASC)               May 30, 2017.
                                                  Regulatory Findings                                     Code 7313, Fuel Injector Nozzle.                       Robert J. Ganley,
                                                    This AD will not have federalism                      (e) Unsafe Condition                                   Acting Manager, Engine & Propeller
                                                  implications under Executive Order                        This AD was prompted by fracture of the              Directorate, Aircraft Certification Service.
                                                  13132. This AD will not have a                          fuel manifold which led to an in-flight                [FR Doc. 2017–11781 Filed 6–7–17; 8:45 am]
                                                  substantial direct effect on the States, on             shutdown of the engine. We are issuing this            BILLING CODE 4910–13–P
                                                  the relationship between the national                   AD to prevent fracture of the fuel manifold,
                                                  government and the States, or on the                    engine fire, and damage to the airplane.
                                                  distribution of power and                               (f) Compliance                                         DEPARTMENT OF HOMELAND
                                                  responsibilities among the various                                                                             SECURITY
                                                                                                             Comply with this AD within the
                                                  levels of government.
                                                                                                          compliance times specified, unless already
                                                    For the reasons discussed above, I                    done.                                                  U.S. Customs and Border Protection
                                                  certify that this AD:                                      (1) Inspect the outer left side signal fuel
                                                    (1) Is not a ‘‘significant regulatory                 manifold, P/N 2403M46G01 and CAGE code                 DEPARTMENT OF THE TREASURY
                                                  action’’ under Executive Order 12866,                   05813, to determine if the part has additional
                                                    (2) Is not a ‘‘significant rule’’ under               marking ‘‘XB,’’ ‘‘INS,’’ or ‘‘KB’’ adjacent to         19 CFR Part 12
                                                  DOT Regulatory Policies and Procedures                  part number. If the part is marked with ‘‘XB,’’
                                                                                                          ‘‘INS,’’ or ‘‘KB,’’ then no further action is          [CBP Dec. No. 17–04]
                                                  (44 FR 11034, February 26, 1979),
                                                    (3) Will not affect intrastate aviation               required.                                              RIN 1515–AE22
                                                                                                             (2) For parts without additional marking
                                                  in Alaska to the extent that it justifies
                                                                                                          ‘‘XB,’’ ‘‘INS,’’ or ‘‘KB’’ adjacent to the part        Merchandise Produced by Convict,
                                                  making a regulatory distinction, and                    number, within 12 months after the effective
                                                    (4) Will not have a significant                                                                              Forced, or Indentured Labor;
                                                                                                          date of this AD, replace the outer left side
                                                  economic impact, positive or negative,                  signal fuel manifold with a part eligible for
                                                                                                                                                                 Conforming Amendment and Technical
                                                  on a substantial number of small entities               installation.                                          Corrections
                                                  under the criteria of the Regulatory                                                                           AGENCY:  U.S. Customs and Border
                                                                                                          (g) Installation Prohibition
                                                  Flexibility Act.                                                                                               Protection, Department of Homeland
                                                                                                             After the effective date of this AD, do not
                                                  List of Subjects in 14 CFR Part 39                      install an outer left side signal fuel manifold,       Security; Department of the Treasury.
                                                                                                          P/N 2403M46G01, and CAGE code 05813,                   ACTION: Final rule.
                                                    Air transportation, Aircraft, Aviation
                                                                                                          onto an engine, unless additional marking
                                                  safety, Incorporation by reference,                     ‘‘XB,’’ ‘‘INS,’’ or ‘‘KB’’ is adjacent to the part     SUMMARY:    This document amends the
                                                  Safety.                                                 number.                                                U.S. Customs and Border Protection
                                                  Adoption of the Amendment                                                                                      regulations to reflect section 910 of the
                                                                                                          (h) Alternative Methods of Compliance
                                                                                                          (AMOCs)
                                                                                                                                                                 Trade Facilitation and Trade
                                                    Accordingly, under the authority                                                                             Enforcement Act of 2015 by removing
                                                  delegated to me by the Administrator,                     The Manager, Engine Certification Office,            the ‘‘consumptive demand’’ clause from
                                                  the FAA amends 14 CFR part 39 as                        FAA, may approve AMOCs for this AD. Use
                                                                                                          the procedures found in 14 CFR 39.19 to
                                                                                                                                                                 the regulations concerning the
                                                  follows:                                                                                                       prohibition on the importation of
                                                                                                          make your request. You may email your
                                                                                                          request to: ANE-AD-AMOC@faa.gov.                       merchandise produced by convict,
                                                  PART 39—AIRWORTHINESS
                                                                                                                                                                 forced, or indentured labor. It also
                                                  DIRECTIVES                                              (i) Related Information                                updates the regulations to reflect the
                                                                                                             (1) For more information about this AD,             correct name of the agency and includes
                                                  ■ 1. The authority citation for part 39                 contact Christopher McGuire, Aerospace
                                                  continues to read as follows:                                                                                  a minor procedural change with regard
                                                                                                          Engineer, Engine Certification Office, FAA,            to the filing of proof of admissibility.
                                                      Authority: 49 U.S.C. 106(g), 40113, 44701.          Engine & Propeller Directorate, 1200 District
                                                                                                          Avenue, Burlington, MA 01803; phone: 781–              DATES: This final rule is effective on
                                                  § 39.13   [Amended]                                     238–7120; fax: 781–238–7199; email:                    June 8, 2017.
                                                  ■ 2. The FAA amends § 39.13 by adding                   chris.mcguire@faa.gov.                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                             (2) GE GEnx-1B Service Bulletin (SB) 73–            Thomas Kendrick, Trade Remedy Law
                                                  the following new airworthiness
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                          0051 R00, dated November 4, 2016; GE                   Enforcement Directorate, Office of
                                                  directive (AD):                                         GEnx–1B SB 73–0052 R00, dated October 28,              Trade, Thomas.Kendrick@dhs.gov, (202)
                                                  2017–12–02 General Electric Company:                    2016; and GE GEnx–1B SB 73–0053 R00,
                                                                                                                                                                 863–6057.
                                                      Amendment 39–18917; Docket No.                      dated November 15, 2016, can be obtained
                                                      FAA–2017–0016; Directorate Identifier               from GE using the contact information in               SUPPLEMENTARY INFORMATION:
                                                      2016–NE–31–AD.                                      paragraph (i)(3) of this AD. These SBs,                I. Background
                                                                                                          respectively, describe procedures for
                                                  (a) Effective Date                                      inspecting, repairing, and replacing the outer            Section 307 of the Tariff Act of 1930,
                                                    This AD is effective July 13, 2017.                   left side signal fuel manifold.                        as amended (19 U.S.C. 1307) prohibits


                                             VerDate Sep<11>2014   16:16 Jun 07, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\08JNR1.SGM   08JNR1


                                                                      Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations                                            26583

                                                  the importation of merchandise that has                 and Border Protection (CBP) by DHS on                  IV. Statutory and Regulatory
                                                  been mined, produced, or                                March 31, 2007. See 72 FR 20131, April                 Requirements
                                                  manufactured, wholly or in part, in any                 23, 2007. See also 75 FR 12445, March
                                                                                                                                                                 A. Executive Orders 12866 and 13563
                                                  foreign country by forced labor,                        16, 2010.
                                                  including prison labor and forced child                    The procedural change involves the                     Executive Orders 13563 and 12866
                                                  labor. Despite this general prohibition,                addition of a person (i.e., the Port                   direct agencies to assess the costs and
                                                  the Tariff Act of 1930 included a                       Director) to whom an importer may                      benefits of available regulatory
                                                  ‘‘consumptive demand’’ clause, which                    submit proof of admissibility when                     alternatives and, if regulation is
                                                  allowed for the importation of forced-                  contending that an article was not                     necessary, to select regulatory
                                                  labor-derived goods if the goods were                   mined, produced, or manufactured in                    approaches that maximize net benefits
                                                  not produced in such quantities in the                  any part with the use of a prohibited                  (including potential economic,
                                                  United States as to meet the                            class of labor. The current regulation (19             environmental, public health and safety
                                                  ‘‘consumptive demands’’ of the United                   CFR 12.43(b)) provides that the importer               effects, distributive impacts, and
                                                  States.                                                 shall submit this information to the                   equity). Executive Order 13563
                                                     On February 24, 2016, the President                  Commissioner. To provide more                          emphasizes the importance of
                                                  signed into law the Trade Facilitation                  flexibility, and for consistency with 19               quantifying both costs and benefits, of
                                                  and Trade Enforcement Act of 2015                       CFR 12.42(b), CBP is amending this                     reducing costs, of harmonizing rules,
                                                  (TFTEA) (Pub. L. 114–125). Section 910                  provision to allow for the proof of                    and of promoting flexibility. As these
                                                  of TFTEA repeals the ‘‘consumptive                      admissibility to be submitted to the                   amendments are a conforming
                                                  demand’’ clause in section 307 of the                   Commissioner of CBP or to the Port                     amendment and technical corrections to
                                                  Tariff Act of 1930, thereby eliminating                 Director.                                              the regulations to reflect statutory
                                                  the consumptive demand exception to                                                                            changes and to make minor non-
                                                  the prohibition on importation of goods                 III. Inapplicability of Notice and                     substantive edits, these amendments do
                                                  made with convict labor, forced labor,                  Delayed Effective Date                                 not meet the criteria for a ‘‘significant
                                                  or indentured servitude. This                              The Administrative Procedure Act                    regulatory action,’’ under section 3(f) of
                                                  amendment went into effect on March                     (APA) generally requires agencies to                   Executive Order 12866.
                                                  10, 2016.                                               publish a notice of proposed rulemaking                The Regulatory Flexibility Act
                                                  II. Amendments to the Regulations To                    in the Federal Register and provide
                                                  Remove the ‘‘Consumptive Demand’’                       interested persons the opportunity to                     Because this document is not subject
                                                  Clause                                                  submit comments. See 5 U.S.C. 553(b)                   to the notice and public procedure
                                                                                                          and (c). However, certain exceptions are               requirements of 5 U.S.C. 553, it is not
                                                     The regulations corresponding to                                                                            subject to the provisions of the
                                                  section 307 of the Tariff Act of 1930, as               provided.
                                                                                                             The APA provides an exception from                  Regulatory Flexibility Act (5 U.S.C. 601
                                                  amended, are contained within title 19                                                                         et seq.).
                                                  of the Code of Federal Regulations (CFR)                notice and comment procedures when
                                                  at 19 CFR 12.42–12.45, ‘‘Merchandise                    an agency finds for good cause that                    B. Paperwork Reduction Act
                                                  Produced by Convict, Forced, or                         those procedures are ‘‘impracticable,
                                                                                                          unnecessary, or contrary to the public                   There is no new collection of
                                                  Indentured Labor.’’ This document                                                                              information required in this document;
                                                  amends these regulations to remove the                  interest.’’ See 5 U.S.C. 553(b)(3)(B). In
                                                                                                          this case, CBP finds that good cause                   therefore, the provisions of the
                                                  ‘‘consumptive demand’’ exception from                                                                          Paperwork Reduction Act of 1995 (44
                                                  the general prohibition against the                     exists for dispensing with notice and
                                                                                                          public procedure as unnecessary                        U.S.C. 3507) are inapplicable.
                                                  importation of goods produced by
                                                  convict, forced, or indentured labor.                   because the conforming amendment and                   C. Signing Authority
                                                  While U.S. Customs and Border                           technical corrections set forth in this
                                                                                                                                                                   This regulation is being issued in
                                                  Protection (CBP) has been enforcing the                 document are required to ensure that 19
                                                                                                                                                                 accordance with 19 CFR 0.1(a)(1),
                                                  ban on the importation of merchandise                   CFR reflects both the recent
                                                                                                                                                                 pertaining to the Secretary of the
                                                  produced through convict, forced, or                    amendments to the underlying statutory
                                                                                                                                                                 Treasury’s authority (or that of his
                                                  indentured labor without taking                         authority effected by section 910 of
                                                                                                                                                                 delegate) to approve regulations related
                                                  consumptive demand into consideration                   TFTEA and the most up-to-date
                                                                                                                                                                 to certain customs revenue functions.
                                                  since section 910 of TFTEA has gone                     terminology. For this same reason,
                                                  into effect, this conforming amendment                  pursuant to 5 U.S.C. 553(d)(3), CBP                    List of Subjects in 19 CFR Part 12
                                                  is necessary to ensure that 19 CFR                      finds that good cause exists for                         Customs duties and inspection,
                                                  reflects the recent statutory amendment.                dispensing with the requirement for a                  Reporting and recordkeeping
                                                  This rulemaking is limited to this                      delayed effective date.                                requirements.
                                                  conforming amendment and other                             The APA also provides an exception
                                                  minor non-substantive amendments.                       to the prior notice and comment                        Amendments to the CBP Regulations
                                                     The non-substantive amendments                       requirement for ‘‘rules of agency                        For the reasons stated above in the
                                                  included in this rulemaking are                         organization, procedure, or practice.’’                preamble, CBP amends 19 CFR part 12
                                                  amendments to correct a spelling error,                 See 5 U.S.C. 553(b)(A). The procedural                 as set forth below.
                                                  replace outdated references to                          change discussed above, i.e., including
                                                  ‘‘Customs’’ with ‘‘CBP’’, and make a                    an additional person to whom an                        PART 12—SPECIAL CLASSES OF
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  minor procedural change. The change in                  importer may submit proof of                           MERCHANDISE
                                                  terminology from ‘‘Customs’’ to ‘‘CBP’’                 admissibility when contending that an
                                                  is consistent with the transfer of the                  article was not mined, produced, or                    ■ 1. The general authority citation for
                                                  legacy U.S. Customs Service of the                      manufactured in any part with the use                  part 12 continues and the specific
                                                  Department of the Treasury to the                       of a prohibited class of labor, is a minor             authority for Sections 12.42 through
                                                  Department of Homeland Security                         change that has been promulgated for                   12.44 is revised to read as follows:
                                                  (DHS) in 2003 and the subsequent                        agency efficiency purposes, and is a rule                Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
                                                  renaming of the agency as U.S. Customs                  of internal agency procedure.                          (General Note 3(i), Harmonized Tariff



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                                                  26584               Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations

                                                  Schedule of the United States (HTSUS)),                 DEPARTMENT OF HOMELAND                                 of Lake Washington. The normal
                                                  1624.                                                   SECURITY                                               operating schedule for the three subject
                                                  *      *     *       *      *                                                                                  bridges is in 33 CFR 117.1051. During
                                                    Sections 12.42 through 12.44 also issued              Coast Guard                                            this deviation period, the Ballard Bridge
                                                  under 19 U.S.C. 1307, Pub. L. 105–61 (111                                                                      and University Bridge need not open to
                                                  Stat. 1272), and Public L. 114–125 (130 Stat.           33 CFR Part 117                                        marine vessels from 10 p.m. on July 4,
                                                  122);                                                                                                          2017, to 1:00 a.m. on July 5, 2017, and
                                                                                                          [Docket No. USCG–2017–0456]
                                                  *     *     *     *     *                                                                                      the Fremont Bridge need not open to
                                                  ■ 2. Amend § 12.42 as follows:                          Drawbridge Operation Regulation;                       marine vessels from 9 p.m. on July 4,
                                                  ■ a. Revise the section heading;                        Lake Washington Ship Canal, Seattle,                   2017, to 00:30 a.m. on July 5, 2017.
                                                  ■ b. In paragraph (a), remove the words                 WA                                                        Waterway usage on Lake Washington
                                                  ‘‘Commissioner of Customs’’ and add in                                                                         Ship Canal ranges from commercial tug
                                                  their place ‘‘Commissioner of CBP’’;                    AGENCY: Coast Guard, DHS.                              and barge to small pleasure craft. The
                                                  ■ c. Revise paragraph (b);                              ACTION:Notice of deviation from                        Coast Guard conducted outreach to
                                                  ■ d. In paragraphs (c), (d), (e), and (f)               drawbridge regulation.                                 known users of this waterway for
                                                  remove the words ‘‘Commissioner of                                                                             feedback on the deviation and received
                                                  Customs’’ and add in their place                        SUMMARY:    The Coast Guard has issued a               no objections. Vessels able to pass
                                                  ‘‘Commissioner of CBP’’; and                            temporary deviation from the operating                 through the bridges in the closed-to-
                                                  ■ e. In paragraph (g), remove the word                  schedule that governs the Ballard                      navigation position may do so at
                                                  ‘‘specifed’’ and add in its place                       Bridge, mile 1.1, the Fremont Bridge,                  anytime. Both bridges will be able to
                                                  ‘‘specified’’ and remove the word                       mile 2.6, and the University Bridge,                   open for emergencies, and there is no
                                                  ‘‘Customs’’ and add in its place ‘‘CBP’’;               mile 4.3, all crossing the Lake                        immediate alternate route for vessels to
                                                     The revisions read as follows:                       Washington Ship Canal at Seattle, WA.                  pass. The Coast Guard will also inform
                                                                                                          The deviation is necessary to                          the users of the waterways through our
                                                  § 12.42    Findings of Commissioner of CBP.             accommodate the 4th of July fireworks                  Local and Broadcast Notices to Mariners
                                                  *     *     *     *      *                              event. This deviation allows the bridges               of the change in operating schedule for
                                                    (b) Any person outside CBP who has                    to remain in the closed-to-navigation                  the bridge so that vessel operators can
                                                  reason to believe that merchandise                      position to allow for the safe movement                arrange their transits to minimize any
                                                  produced in the circumstances                           of event participants.                                 impact caused by the temporary
                                                  mentioned in paragraph (a) of this                      DATES: This deviation is effective from                deviation.
                                                  section is being, or is likely to be,                   9 p.m. on July 4, 2017, to 1 a.m. on July                 In accordance with 33 CFR 117.35(e),
                                                  imported into the United States may                     5, 2017.                                               the drawbridge must return to its regular
                                                  communicate his belief to any port                      ADDRESSES: The docket for this                         operating schedule immediately at the
                                                  director or the Commissioner of CBP.                    deviation, [USCG–2017–0456] is                         end of the effective period of this
                                                  Every such communication shall                          available at http://www.regulations.gov.               temporary deviation. This deviation
                                                  contain, or be accompanied by:                          Type the docket number in the                          from the operating regulations is
                                                    (1) A full statement of the reasons for               ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                   authorized under 33 CFR 117.35.
                                                  the belief;                                             Click on Open Docket Folder on the line
                                                    (2) A detailed description or sample                                                                           Dated: June 2, 2017.
                                                                                                          associated with this deviation.                        Steven M. Fischer,
                                                  of the merchandise; and
                                                    (3) All pertinent facts obtainable as to              FOR FURTHER INFORMATION CONTACT: If                    Bridge Administrator, Thirteenth Coast Guard
                                                  the production of the merchandise                       you have questions on this temporary                   District.
                                                  abroad.                                                 deviation, call or email Mr. Steven                    [FR Doc. 2017–11901 Filed 6–7–17; 8:45 am]
                                                                                                          Fischer, Bridge Administrator,
                                                  *     *     *     *      *                              Thirteenth Coast Guard District;
                                                                                                                                                                 BILLING CODE 9110–04–P

                                                  § 12.43    [Amended]                                    telephone 206–220–7282, email d13-pf-
                                                                                                          d13bridges@uscg.mil.                                   DEPARTMENT OF HOMELAND
                                                  ■ 3. In § 12.43, in paragraphs (a) and (b),
                                                  remove the words ‘‘Commissioner of                      SUPPLEMENTARY INFORMATION: Seattle                     SECURITY
                                                  Customs’’ and add in their place the                    Department of Transportation, the
                                                  words ‘‘port director or Commissioner                   owner of the impacted drawbridges,                     Coast Guard
                                                  of CBP’’.                                               requested a temporary deviation from
                                                                                                          the operating schedule for the Ballard                 33 CFR Part 165
                                                  § 12.44    [Amended]                                    Bridge, mile 1.1, the Fremont Bridge,                  [Docket Number USCG–2017–0488]
                                                  ■  5. Amend § 12.44 as follows:                         mile 2.6, and the University Bridge,
                                                                                                          mile 4.3, all crossing the Lake                        RIN 1625–AA00
                                                  ■  a. In paragraphs (a) and (b) remove all
                                                  instances of the words ‘‘Commissioner                   Washington Ship Canal at Seattle, WA,
                                                                                                          to facilitate safe passage of participants             Safety Zone; Columbia River, Goble,
                                                  of Customs’’ and add in their place                                                                            OR
                                                  ‘‘Commissioner of CBP’’; and                            in the 4th of July fireworks event. The
                                                  ■ b. In paragraph (c) remove the word                   Ballard Bridge provides a vertical                     AGENCY:    Coast Guard, DHS.
                                                  ‘‘Customs’’ and add in its place ‘‘CBP’’.               clearance of 29 feet in the closed-to-                 ACTION:   Temporary final rule.
                                                                                                          navigation position; the University
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                    Dated: June 5, 2017.
                                                                                                          Bridge provides a vertical clearance of                SUMMARY:   The Coast Guard is
                                                  Kevin K. McAleenan,                                     30 feet in the closed-to-navigation                    establishing a temporary safety zone
                                                  Acting Commissioner, U.S. Customs and                   position; the Fremont Bridge provides a                along the navigable waters of the
                                                  Border Protection.                                      vertical clearance of 14 feet (31 feet of              Columbia River in Goble, OR. The safety
                                                  Timothy E. Skud,                                        vertical clearance for the center 36                   zone is needed to protect personnel,
                                                  Deputy Assistant Secretary of the Treasury.             horizontal feet) in the closed-to-                     vessels, and the marine environment
                                                  [FR Doc. 2017–11908 Filed 6–7–17; 8:45 am]              navigation position. Vertical clearances               from potential hazards created by vessel
                                                  BILLING CODE 9111–14–P                                  are referenced to the Mean Water Level                 removal and remediation operations


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Document Created: 2018-11-14 10:07:02
Document Modified: 2018-11-14 10:07:02
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.
DatesThis final rule is effective on June 8, 2017.
ContactThomas Kendrick, Trade Remedy Law Enforcement Directorate, Office of Trade, [email protected], (202) 863-6057.
FR Citation82 FR 26582 
RIN Number1515-AE22
CFR AssociatedCustoms Duties and Inspection and Reporting and Recordkeeping Requirements

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