[Federal Register Volume 65, Number 6 (Monday, January 10, 2000)]
[Rules and Regulations]
[Pages 1297-1298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-409]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 6 / Monday, January 10, 2000 / Rules 
and Regulations  

[[Page 1297]]


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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.

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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 [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 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]
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