[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87801-87802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28384]



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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