Dairy Import Licensing Program, 76253-76254 [2010-30714]
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76253
Rules and Regulations
Federal Register
Vol. 75, No. 235
Wednesday, December 8, 2010
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.
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.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 6
RIN 0551–AA70
Dairy Import Licensing Program
Office of the Secretary, USDA.
Final rule.
AGENCY:
ACTION:
This final rule amends the
historical license reduction provisions
of the Dairy Tariff-Rate Import Quota
Licensing Program 7 CFR part 6, by
suspending the provisions with respect
to the reduction of historical licenses
based on surrenders of unused
quantities until 2016.
DATES: Effective Date: January 1, 2011.
FOR FURTHER INFORMATION CONTACT: Ron
Lord, Branch Chief, Sugar and Dairy
Branch, Import and Trade Support
Programs Division, Foreign Agricultural
Service, Stop 1021, 1400 Independence
Avenue, SW., Washington, DC 20250–
1021; telephone (202) 720–6939; or
e-mail at: ronald.lord@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jlentini on DSKJ8SOYB1PROD with RULES
Executive Order 12866
The final rule has been determined to
be not 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
VerDate Mar<15>2010
17:00 Dec 07, 2010
Jkt 223001
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.
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
Foreign Agricultural Service (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.
Background
FAS administers the Dairy Tariff-Rate
Import Quota Licensing Program, 7 CFR
6.20–6.37, that provides for the issuance
of licenses to import certain dairy
articles under tariff-rate quotas (TRQ),
as established in the Harmonized Tariff
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Schedule of the United States. These
dairy products may only be imported
into the United States at the in-quota
rate, by or for the account of a person
or firm to whom such licenses have
been issued, and only in accordance
with the terms and conditions of the
program. Section 6.25(b)(1)(i) provides
that if a licensee surrenders more than
50 percent of a historical license at least
3 out of the 5 prior years, that license
will be permanently reduced to the
average amount entered during those
5 years. Any amounts permanently
reduced are transferred to the nonhistorical quota, which is allocated by a
lottery. In 2008, the Secretary amended
the regulation, suspending section
6.25(b)(1)(i) for 2 years until January 1,
2011. Subsequent market developments
have caused the Department to again reconsider the license reduction
provisions of the Dairy Import Licensing
Program.
Summary of public comments: The
Secretary published a proposed rule in
the Federal Register (75 FR 62692–23),
October 13, 2010, providing that the
provisions of 7 CFR 6.25, with respect
to the reduction of historical licenses,
based on unused amounts would be
suspended for an additional 5 years
until 2016. The Department requested
that public comments be submitted by
November 12, 2010. Comments were
submitted by 29 importing companies,
3 associations, a counsel to the Cheese
Importers Association of America and
several of its member companies, a
customs broker, a manufacturer of dairy
products, and a Congressman all in
favor of the proposed 5-year suspension
of the dairy import license reduction
provision.
The factors cited in favor of a further
5-year suspension included the
declining availability of cheese from the
European Union (EU), a weaker U.S.
dollar, and the general economic
weakness in the United States. Some
companies with historical licenses
stated that the U.S. food market benefits
from reliable and longer-term supplychain relationships which may be more
easily maintained by companies which
have historical licenses.
Many of the companies emphasized
that a 5-year suspension of the historical
license reduction provision would allow
additional time for license holders to
adjust to economy-wide factors outside
their control, including changes in the
E:\FR\FM\08DER1.SGM
08DER1
76254
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations
EU’s supply and demand situation for
dairy products, as well as to changes in
the U.S. market.
Conclusion: The quota-fill rates for
Swiss, Gruyere, and low-fat type
cheeses have continued to remain low
even after transfer to the lottery system
in recent years. Market conditions are
always subject to fluctuation and
change, and it is incumbent upon all
license holders to adjust to these
changing conditions. To allow
additional time to adjust to changes in
EU supply and demand, due to its longterm dairy policy changes, the
Department will again temporarily
suspend the historical license reduction
provisions for a period of 5 years,
commencing January 1, 2011. Historical
license reductions will again be
implemented beginning 2016, as set
forth in the proposed rule. In 2016,
historical license reductions will be
based on import data from years 2011
through 2015.
List of Subjects in 7 CFR Part 6
Agricultural commodities, Cheese,
Dairy products, and Imports.
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
404, Pub. L. 103–465, 108 Stat. 4819 (19
U.S.C. 3513 and 3601).
2. Section 6.25 (b) is revised to read
as follows:
■
Allocation of Licenses.
jlentini on DSKJ8SOYB1PROD with RULES
*
*
*
*
(b) Historical licenses for the 2011
and subsequent quota years (Appendix
1).
(1) A person issued a historical
license for the 2010 quota year will be
issued a historical license in the same
amount for the same article from the
same country for the 2011 quota year
and for each subsequent quota year
except that:
(i) Beginning with the 2016 quota
year, a person who has surrendered
more than 50 percent of such historical
license in at least three of the prior 5
quota years will thereafter be issued a
17:00 Dec 07, 2010
Jkt 223001
BILLING CODE 3410–10–P
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
7 CFR Part 802
[Docket # GIPSA–2010–FGIS–0012]
RIN 0580–AB19
The Grain Inspection, Packers
and Stockyards Administration (GIPSA)
Federal Grain Inspection Service (FGIS)
is amending the regulations issued
under the United States Grain Standards
Act (USGSA), as amended, to
incorporate by reference the applicable
requirements of the 2008 edition of the
National Institute of Standards and
Technology (NIST) Handbook 44,
‘‘Specifications, Tolerances, and Other
Technical Requirements for Weighing
and Measuring Devices,’’ (NIST
Handbook 44, issued October 2007).
DATES: This rule is effective March 8,
2011 without further action, unless
adverse comments or written notice of
intent to submit adverse comments are
received by January 7, 2011. If adverse
comments are received, GIPSA will
publish a timely withdrawal of the rule
in the Federal Register. The
incorporation by reference of certain
publications in this rule is approved by
the Director of the Federal Register as of
March 8, 2011.
ADDRESSES: We invite you to submit
comments on this direct final rule by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Tess Butler, GIPSA, USDA,
1400 Independence Avenue, SW., room
1643–S, Washington, DC 20260–3642.
PO 00000
Frm 00002
Fmt 4700
• E-mail comments to
comments.gipsa@usda.gov.
• Fax: (202) 690–2173.
Instructions: All comments will
become a matter of public record and
should be identified as ‘‘NIST Handbook
44 IBF Comments,’’ making reference to
the date and page number of this issue
of the Federal Register. Comments will
be available for public inspection at
https://www.regulations.gov and in the
above office during regular business
hours (7 CFR 1.27(b)). Please contact the
GIPSA Management Support Staff at
(202) 720–7486 to make an appointment
to read the comments received.
FOR FURTHER INFORMATION CONTACT:
Robert S. Lijewski, Director, Field
Management Division by E-mail at
robert.s.lijewski@usda.gov, or by
telephone at (202) 720–0228.
SUPPLEMENTARY INFORMATION:
Background
Official Performance and Procedural
Requirements for Grain Weighing
Equipment and Related Grain Handling
Systems
SUMMARY:
Subpart—Dairy Tariff-Rate Import
Quota Licensing
VerDate Mar<15>2010
[FR Doc. 2010–30714 Filed 12–7–10; 8:45 am]
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Direct final rule.
PART 6—IMPORT QUOTAS AND FEES
*
Issued at Washington, DC, the 30th day of
November 2010.
Robert Riemenschneider,
Acting Administrator, Foreign Agricultural
Service.
AGENCY:
For the reasons set out in the
preamble, 7 CFR part 6 is amended as
follows:
■
§ 6.25
license in an amount equal to the
average annual quantity entered during
those 5 quota years.
(ii) [Reserved]
*
*
*
*
*
Sfmt 4700
Under the provisions of the USGSA (7
U.S.C. 71–87k), grain exported from the
U.S. must be officially inspected and
weighed. Sections 802 and 802.1 of the
USGSA regulations (7 CFR 802.0–802.1)
set forth certain procedures,
specifications, tolerances, and other
technical requirements for grain
weighing equipment and related grain
handling systems used in performing
Class X and Class Y official weighing
services. GIPSA management has
reviewed these regulations and
determined that they still serve their
intended purpose, are consistent with
GIPSA’s statutory authority and policy,
and should remain in effect. In order to
update the USGSA regulations,
however, GIPSA is incorporating by
reference the 2008 edition of NIST
Handbook 44 into the USGSA
regulations (7 CFR 802.0(a)). Those
provisions in NIST Handbook 44 that
obviously do not pertain to GIPSA
services are not being incorporated and
are listed in section 802.0(b) of the
USGSA regulations (7 CFR 802.0(b)).
Direct Final Action
GIPSA is revising § 802.0(a) of the
USGSA regulations (7 CFR 802.0(a)) by
incorporating by reference the following
sections only of the 2008 edition of
NIST Handbook 44:
Section 1.10
Section 2.20
Section 2.22
Systems
Section 2.23
General Code
Scales
Automatic Bulk Weighing
Weights
Pursuant to 5 U.S.C. 553, it is found
and determined upon good cause that it
is impracticable, unnecessary, and
contrary to public interest to give
preliminary notice prior to putting this
E:\FR\FM\08DER1.SGM
08DER1
Agencies
[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76253-76254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30714]
========================================================================
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.
========================================================================
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 /
Rules and Regulations
[[Page 76253]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 6
RIN 0551-AA70
Dairy Import Licensing Program
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the historical license reduction
provisions of the Dairy Tariff-Rate Import Quota Licensing Program 7
CFR part 6, by suspending the provisions with respect to the reduction
of historical licenses based on surrenders of unused quantities until
2016.
DATES: Effective Date: January 1, 2011.
FOR FURTHER INFORMATION CONTACT: Ron Lord, Branch Chief, Sugar and
Dairy Branch, Import and Trade Support Programs Division, Foreign
Agricultural Service, Stop 1021, 1400 Independence Avenue, SW.,
Washington, DC 20250-1021; telephone (202) 720-6939; or e-mail at:
ronald.lord@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The final rule has been determined to be not 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
Foreign Agricultural Service (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.
Background
FAS administers the Dairy Tariff-Rate Import Quota Licensing
Program, 7 CFR 6.20-6.37, that provides for the issuance of licenses to
import certain dairy articles under tariff-rate quotas (TRQ), as
established in the Harmonized Tariff Schedule of the United States.
These dairy products may only be imported into the United States at the
in-quota rate, by or for the account of a person or firm to whom such
licenses have been issued, and only in accordance with the terms and
conditions of the program. Section 6.25(b)(1)(i) provides that if a
licensee surrenders more than 50 percent of a historical license at
least 3 out of the 5 prior years, that license will be permanently
reduced to the average amount entered during those 5 years. Any amounts
permanently reduced are transferred to the non-historical quota, which
is allocated by a lottery. In 2008, the Secretary amended the
regulation, suspending section 6.25(b)(1)(i) for 2 years until January
1, 2011. Subsequent market developments have caused the Department to
again re-consider the license reduction provisions of the Dairy Import
Licensing Program.
Summary of public comments: The Secretary published a proposed rule
in the Federal Register (75 FR 62692-23), October 13, 2010, providing
that the provisions of 7 CFR 6.25, with respect to the reduction of
historical licenses, based on unused amounts would be suspended for an
additional 5 years until 2016. The Department requested that public
comments be submitted by November 12, 2010. Comments were submitted by
29 importing companies, 3 associations, a counsel to the Cheese
Importers Association of America and several of its member companies, a
customs broker, a manufacturer of dairy products, and a Congressman all
in favor of the proposed 5-year suspension of the dairy import license
reduction provision.
The factors cited in favor of a further 5-year suspension included
the declining availability of cheese from the European Union (EU), a
weaker U.S. dollar, and the general economic weakness in the United
States. Some companies with historical licenses stated that the U.S.
food market benefits from reliable and longer-term supply-chain
relationships which may be more easily maintained by companies which
have historical licenses.
Many of the companies emphasized that a 5-year suspension of the
historical license reduction provision would allow additional time for
license holders to adjust to economy-wide factors outside their
control, including changes in the
[[Page 76254]]
EU's supply and demand situation for dairy products, as well as to
changes in the U.S. market.
Conclusion: The quota-fill rates for Swiss, Gruyere, and low-fat
type cheeses have continued to remain low even after transfer to the
lottery system in recent years. Market conditions are always subject to
fluctuation and change, and it is incumbent upon all license holders to
adjust to these changing conditions. To allow additional time to adjust
to changes in EU supply and demand, due to its long-term dairy policy
changes, the Department will again temporarily suspend the historical
license reduction provisions for a period of 5 years, commencing
January 1, 2011. Historical license reductions will again be
implemented beginning 2016, as set forth in the proposed rule. In 2016,
historical license reductions will be based on import data from years
2011 through 2015.
List of Subjects in 7 CFR Part 6
Agricultural commodities, Cheese, Dairy products, and Imports.
0
For the reasons set out in the preamble, 7 CFR part 6 is amended as
follows:
PART 6--IMPORT QUOTAS AND FEES
Subpart--Dairy Tariff-Rate Import Quota Licensing
0
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 404, Pub. L.
103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601).
0
2. Section 6.25 (b) is revised to read as follows:
Sec. 6.25 Allocation of Licenses.
* * * * *
(b) Historical licenses for the 2011 and subsequent quota years
(Appendix 1).
(1) A person issued a historical license for the 2010 quota year
will be issued a historical license in the same amount for the same
article from the same country for the 2011 quota year and for each
subsequent quota year except that:
(i) Beginning with the 2016 quota year, a person who has
surrendered more than 50 percent of such historical license in at least
three of the prior 5 quota years will thereafter be issued a license in
an amount equal to the average annual quantity entered during those 5
quota years.
(ii) [Reserved]
* * * * *
Issued at Washington, DC, the 30th day of November 2010.
Robert Riemenschneider,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 2010-30714 Filed 12-7-10; 8:45 am]
BILLING CODE 3410-10-P