[Federal Register: January 10, 2000 (Volume 65, Number 6)] [Rules and Regulations] [Page 1297-1298] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr10ja00-1] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== [[Page 1297]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 6 RIN Number 0551-AA58 Dairy Tariff-Rate Import Quota Licensing AGENCY: Office of the Secretary, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule makes two revisions to Import Regulation 1, Revision 8, which governs the administration of the tariff-rate import quota (TRQ) licensing system for certain dairy products. It broadens the definition for ``Licensing Authority'' and provides for the review and correction of errors made by officers or employees of the Federal Government. EFFECTIVE DATE: This final rule is effective on February 9, 2000. FOR FURTHER INFORMATION CONTACT: Richard P. Warsack, Dairy Import Quota Manager, Import Policies and Programs Division, 1400 Independence Avenue SW, AG BOX 1021, U.S. Department of Agriculture, Washington, DC 20250-1021 or e-mail at warsack@fas.usda.gov. SUPPLEMENTARY INFORMATION: Executive Order 12372 This program is not subject to the provision of Executive Order 12372, which requires intergovernmental consultation with State or local officials. (See notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983). Executive Order 12988 This final rule has been reviewed under Executive Order 12988. The provisions of this final rule would have preemptive effect with respect to any state or local laws, regulations, or policies which conflict with such provisions or which otherwise impede their full implementation. The final rule would not have retroactive effect. The rule does not require that administrative remedies be exhausted before suit may be filed. Executive Order 12866 This final rule is issued in conformance with Executive Order 12866. It has been determined to be not significant for the purpose of E.O. 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this final rule since the Office of the Secretary is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of this rule. Paperwork Reduction Act In accordance with provisions of the Paperwork Reduction Act of 1995, the current information collection is approved by OMB under OMB control number 0551-0001, expiring on October 31, 2000. The final rule would not add a paperwork burden on the public. Background This final rule revises Import Regulation 1, Revision 8, that governs the administration of the import licensing system for certain dairy products, which are subject to TRQs provided for in the Harmonized Tariff Schedule of the United States (HTS). The final rule amends Sec. 6.21 by changing the definition of ``Licensing Authority.'' Also, the final rule adds a new Sec. 6.35, Correction of Errors. This section provides that if a person demonstrates, to the satisfaction of the Licensing Authority, that errors were made by officers or employees of the United States Government, the Licensing Authority will review and rectify the errors to the extent possible under the regulation. Licenses issued annually by the U.S. Department of Agriculture qualify importers to enter specific quantities of certain dairy products under the low-tier tariff rates established in the HTS. Discussion of Major Comments One comment was received in response to the proposed rule published in the Federal Register, 64 FR 42288, August 4, 1999. The comment stated that the proposed rule should not set a deadline for discovery of errors. Based on the comment, the Department reviewed the proposed rule and extended the deadline date for notification to the Licensing Authority in the final rule from March 15 to August 31 of the calendar year following the calendar year during which the alleged error occurred. The Department believes that changing the proposed deadline date from March 15 to August 31 provides licensees adequate time to review their final license portfolio which USDA would have issued in mid-March of the same year. In addition, USDA chose the August 31 date for administrative reasons because it is the last day before the beginning of the next application period for dairy product import licenses. The Department believes that all licensees should know immediately upon receiving the final licenses in mid-March whether the license amounts in their current portfolio are correct or if an error has been committed. The Department clarified Sec. 6.35(b) and added language to indicate that licensees must notify the Department of any errors by letter, postmarked not later than August 31. List of Subjects in 7 CFR Part 6 Agricultural commodities, Cheese, Dairy products, Reports and recordkeeping requirements. Final Rule Accordingly, 7 CFR part 6 subpart--Dairy Tariff-Rate Import Quota Licensing is amended to read as follows: PART 6--[AMENDED] Subpart--Tariff-Rate Import Quota Licensing 1. The authority citation for part 6 subpart--Dairy Tariff-Rate Import Quota 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 104, Pub. L. 103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601). [[Page 1298]] 2. Amend Sec. 6.21 by revising the definition of Licensing Authority to read as follows: Sec. 6.21 Definitions. * * * * * Licensing Authority. Any officer or employee of the U.S. Department of Agriculture designated to act in this position by the Director of the Division charged with managing the Dairy Tariff-Rate Import Quota Licensing System, currently the Import Policies and Programs Division of the Foreign Agricultural Service. * * * * * 3. Redesignate Sec. 6.35 and 6.36 as Sec. 6.36 and 6.37 respectively. 4. Add a new Sec. 6.35 to read as follows: Sec. 6.35 Correction of errors. (a) If a person demonstrates, to the satisfaction of the Licensing Authority, that errors were made by officers or employees of the United States Government, the Licensing Authority will review and rectify the errors to the extent permitted under this subpart. (b) To be considered, a person must provide sufficient documentation regarding the error to the Licensing Authority by letter, postmarked not later than August 31 of the calendar year following the calendar year in which the error was alleged to have been committed. (c) If the error resulted in the loss of a historical license by a license holder, the Licensing Authority will transfer the amount of such license from Appendix 2 to Appendix 1 in order to provide for the issuance of such license in the calendar year following the calendar year for which the license was revoked. The cumulative annual transfers to Appendix 1 in accordance with this paragraph will be published in the Federal Register. Signed at Washington, DC on November 29, 1999. Timothy J. Galvin, Administrator, Foreign Agricultural Service. [FR Doc. 00-409 Filed 1-7-00; 8:45 am] BILLING CODE 3410-10-P