[Federal Register: August 4, 1999 (Volume 64, Number 149)] [Proposed Rules] [Page 42288-42289] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr04au99-12] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ 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. ======================================================================== [[Page 42288]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 warsack@fas.usda.gov. 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 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 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