[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42288-42289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19561]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 149 / Wednesday, August 4, 1999 / 
Proposed Rules  

[[Page 42288]]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 6


Dairy Tariff-Rate Import Quota Licensing

AGENCY: Office of the Secretary, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would make two revisions to Import 
Regulation 1, Revision 8, which governs the administration of the 
tariff-rate import quota (TRQ) licensing system for certain dairy 
products. It would broaden the definition for ``Licensing Authority'' 
and provide for the review and correction of errors made by officers or 
employees of the Federal Government.

DATES: Comments should be received on October 4, 1999 to be assured of 
consideration.

ADDRESSES: Comments should be sent to Richard Warsack, Dairy Import 
Quota Manager, Import Policies and Programs Division, 1400 Independence 
Avenue SW, AG BOX 1021, U.S. Department of Agriculture, Washington, DC 
20250-1021 or e-mail at [email protected]. All comments received 
will be available for public inspection in room 5541-S at the above 
address and during normal business hours.

FOR FURTHER INFORMATION CONTACT: Richard Warsack, Import Policies and 
Programs Division, 1400 Independence Avenue, SW, AG BOX 1021, U.S. 
Department of Agriculture, Washington, DC 20250-1021, or telephone 
(202) 720-2916, or e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12372

    This program is not subject to the provision of Executive Order 
12372, which requires intergovernmental consultation with State or 
local officials. (See notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988. 
The provisions of this proposed rule would have preemptive effect with 
respect to any state or local laws, regulations, or policies which 
conflict with such provisions or which otherwise impede their full 
implementation. The proposed rule would not have retroactive effect. 
The rule does not require that administrative remedies be exhausted 
before suit may be filed.

Executive Order 12866

    This proposed rule is issued in conformance with Executive Order 
12866. It has been determined to be not significant for the purpose of 
E.O. 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget (OMB).

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this proposed rule since the Office of the Secretary is 
not required by 5 U.S.C. 553 or any other provision of law to publish a 
notice of proposed rulemaking with respect to the subject matter of 
this rule.

Paperwork Reduction Act

    In accordance with provisions of the Paperwork Reduction Act of 
1995, the current information collection is approved by OMB under OMB 
control number 0551-0001, expiring on October 31, 2000. The proposed 
rule would not add a paperwork burden on the public.

Background

    This proposed rule would make two revisions to Import Regulation 1, 
Revision 8, that governs the administration of the import licensing 
system for certain dairy products, which are subject to TRQs provided 
for in the Harmonized Tariff Schedule of the United States (HTS). 
Licenses issued annually by the U.S. Department of Agriculture qualify 
importers to enter specific quantities of certain dairy products under 
the low-tier tariff rates established in the HTS. In addition, it 
redesignates Sec. 6.35 as Sec. 6.36; and Sec. 6.36 as Sec. 6.37.

Section 6.21  Definitions

    The proposed rule amends section 6.21 to remove the definition of 
``Licensing Authority'' as the ``Dairy Import Quota Manager, Import 
Policies and Programs Division, Foreign Agricultural Service, U.S. 
Department of Agriculture'' and inserts in lieu thereof ``Any officer 
or employee of the U.S. Department of Agriculture designated to act in 
this position by the Director of the Division charged with managing the 
Dairy Tariff-Rate Import Quota Licensing System, currently the Import 
Policies and Programs Division of the Foreign Agricultural Service.'' 
The proposed amendment would give administrative flexibility to ensure 
that the functions of the Licensing Authority would not be interrupted 
during reorganizations or personnel changes.

Section 6.35  Correction of Errors

    The proposed rule adds a new section 6.35, Correction of errors. 
This section provides that if a person demonstrates, to the 
satisfaction of the Licensing Authority, that errors were made by 
officers or employees of the United States Government, the Licensing 
Authority will review and rectify the errors to the extent possible 
under the regulation. Errors related to activities conducted during 
each calendar year must be brought to the attention of the Licensing 
Authority no later than March 15 of the following calendar year. This 
section also grants the Licensing Authority the authority to transfer 
the applicable amount of the TRQ from Appendix 2 back to Appendix 1, so 
the historical license can be issued in the following calendar year. In 
addition, it provides for the publication of the cumulative changes to 
the appendixes in the Federal Register.

List of Subjects in 7 CFR Part 6

    Agricultural commodities, Cheese, Dairy products, Reports and 
recordkeeping requirements.

Proposed Rule

    Accordingly, it is proposed to amend 7 CFR part 6 subpart--Tariff-
Rate Import Quota Licensing as follows:

Subpart--Tariff-Rate Import Quota Licensing

    1. The authority citation for part 6 continues to read as follows:

    Authority: Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25 
to Chapter 4 and General Note 15 of the Harmonized Tariff Schedule 
of the United States (19 U.S.C. 1202), Pub. L. 97-258, 96 Stat. 
1051, as

[[Page 42289]]

amended (31 U.S.C. 9701), and secs. 103 and 104, Pub. L. 103-465, 
108 Stat. 4819 (19 U.S.C. 3513 and 3601).

    2. Amend Sec. 6.21 by revising the definition of ``Licensing 
Authority'' to read as follows:


Sec. 6.21  Definitions.

* * * * *
    Licensing Authority. Any officer or employee of the U.S. Department 
of Agriculture designated to act in this position by the Director of 
the Division charged with managing the Dairy Tariff-Rate Import Quota 
Licensing System, currently the Import Policies and Programs Division 
of the Foreign Agricultural Service.
    3. Redesignated Secs. 6.35 and 6.36 as Secs. 6.36 and 6.37, 
respectively.
    4. Add a new Sec. 6.35 to read as follows:


Sec. 6.35  Correction of errors.

    (a) If a person demonstrates, to the satisfaction of the Licensing 
Authority, that errors were made by officers or employees of the United 
States Government, the Licensing Authority will review and rectify the 
errors to the extent permitted under this subpart.
    (b) To be considered, a person must provide sufficient 
documentation regarding the error to the Licensing Authority not later 
than March 15 of the calendar year following the calendar year in which 
the error was alleged to have been committed.
    (c) If the error resulted in the loss of a historical license by a 
license holder, the Licensing Authority will transfer the amount of 
such license from Appendix 2 to Appendix 1 in order to provide for the 
issuance of such license in the calendar year following the calendar 
year for which the license was not issued. The cumulative annual 
transfers to Appendix 1 in accordance with this paragraph will be 
published in the Federal Register.

    Signed at Washington, DC on July 26, 1999.
Timothy J. Galvin,
Administrator, Foreign Agricultural Service.
[FR Doc. 99-19561 Filed 8-3-99; 8:45 am]
BILLING CODE 3410-10-P