United States-Peru Trade Promotion Agreement, 64031-64032 [2012-25668]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations (a) From an initial condition of stabilized flight at VC/MC, the airplane is upset so as to take up a new flight path 7.5 degrees below the initial path. Control application, up to full authority, is made to try and maintain this new flight path. Twenty seconds after initiating the upset, manual recovery is made at a load factor of 1.5 g (0.5 acceleration increment), or such greater load factor that is automatically applied by the system with the pilot’s pitch control neutral. Power, as specified in § 25.175(b)(1)(iv), is assumed until recovery is initiated, at which time power reduction and the use of pilot controlled drag devices may be used. (b) From a speed below VC/MC, with power to maintain stabilized level flight at this speed, the airplane is upset so as to accelerate through VC/MC at a flight path 15 degrees below the initial path (or at the steepest nose-down attitude that the system will permit with full control authority if less than 15 degrees). The pilot’s controls may be in the neutral position after reaching VC/ MC and before recovery is initiated. Recovery may be initiated three seconds after operation of high-speed warning system by application of a load of 1.5g (0.5 acceleration increment), or such greater load factor that is automatically applied by the system with the pilot’s pitch control neutral. Power may be reduced simultaneously. All other means of decelerating the airplane, the use of which is authorized up to the highest speed reached in the maneuver, may be used. The interval between successive pilot actions must not be less than one second. 2. The applicant must also demonstrate that the speed margin, established as above, will not be exceeded in inadvertent or gust-induced upsets resulting in initiation of the dive from non-symmetric attitudes, unless the airplane is protected by the flight control laws from getting into nonsymmetric upset conditions. The upset maneuvers described in AC 25–7B, Change 1, section 32, paragraphs c(3)(a) and (c) may be used to comply with this requirement. 3. Detected loss of the high-speed protection function must be less than 10¥3 per flight hour. 4. Failures of the system must be annunciated to the pilots. Flight manual instructions must be provided that reduce the maximum operating speeds. The new operating speeds, Vmax/Mmax, must be reduced to a value that maintains a speed margin between these speeds and VD/MD that is consistent with showing compliance with § 25.335(b) without the benefit of the high-speed protection system. VerDate Mar<15>2010 17:06 Oct 17, 2012 Jkt 229001 5. Dispatch of the airplane with the high-speed protection system inoperative could be allowed under an approved minimum equipment list that would require flight manual instructions to indicate reduced maximum operating speeds, as described in paragraph (4). In addition, the cockpit display of the reduced operating speeds, as well as the overspeed warning for exceeding those speeds, must be equivalent to that of the normal airplane with the high-speed protection system operative. Also, it must be shown that no additional hazards are introduced with the highspeed protection system inoperative. Issued in Renton, Washington, on October 11, 2012. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–25605 Filed 10–17–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 10, 24, 162, 163, and 178 [USCBP–2011–0043; CBP Dec. 12–18] RIN 1515–AD79 United States-Peru Trade Promotion Agreement U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCIES: This document adopts as a final rule, with one change, interim amendments to the U.S. Customs and Border Protection (CBP) regulations which were published in the Federal Register on November 3, 2011, as CBP Dec. 11–22, to implement the preferential tariff treatment and other customs-related provisions of the United States-Peru Trade Promotion Agreement. SUMMARY: DATES: Final rule effective November 19, 2012. FOR FURTHER INFORMATION CONTACT: Textile Operational Aspects: Nancy Mondich, Trade Policy and Programs, Office of International Trade, (202) 863– 6524. Other Operational Aspects: Katrina Chang, Trade Policy and Programs, Office of International Trade, (202) 863– 6532. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 64031 Legal Aspects: Karen Greene, Regulations and Rulings, Office of International Trade, (202) 325–0041. SUPPLEMENTARY INFORMATION: Background On November 3, 2011, CBP published CBP Dec. 11–22 in the Federal Register (76 FR 68067) setting forth interim amendments to implement the preferential tariff treatment and other customs-related provisions of the United States-Peru Trade Promotion Agreement (PTPA). Please refer to that document for further background information. In order to provide transparency and facilitate their use, the majority of the PTPA implementing regulations set forth in that interim rule and adopted as final in this document have been included within Subpart Q in Part 10 of the CBP regulations (19 CFR Part 10). However, in those cases in which PTPA implementation is more appropriate in the context of an existing regulatory provision, the PTPA regulatory text has been incorporated in an existing Part within the CBP regulations. CBP Dec. 11–22 also set forth a number of cross-references and other consequential changes to existing regulatory provisions to clarify the relationship between those existing provisions and the new PTPA implementing regulations. Although the interim regulatory amendments were promulgated without prior public notice and comment procedures and took effect on November 3, 2011, CBP Dec. 11–22 provided for the submission of public comments which would be considered before adoption of the interim regulations as a final rule, and the prescribed public comment closed on January 3, 2012. CBP received no comments. Conclusion After further review of the matter, and in light of the fact that no comments were submitted in response to CBP’s solicitation of public comment, CBP has determined to adopt as final, with a technical correction, the interim rule published in the Federal Register (76 FR 68067) on November 3, 2011. The technical correction is made to § 10.918(c)(1)(ii) to reflect amendments to additional U.S. Note 4(d) to subchapter XXI of chapter 98 of the Harmonized Tariff Schedule of the United States (HTSUS) effected by Presidential Proclamation 8240 of April 17, 2008, whereby the tariff numbers of subheading ‘‘5402.19.30,’’ and subheading ‘‘5402.19.60’’ were added. As CBP Dec. 11–22 inadvertently omitted inclusion of these two tariff numbers within 19 CFR 10.918(c)(1)(ii), E:\FR\FM\18OCR1.SGM 18OCR1 64032 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations the technical correction is necessary to conform the CBP regulations to the current version of the HTSUS. Executive Order 12866 This document is not a regulation subject to the provisions of Executive Order 12866 of September 30, 1993 (58 FR 51735, October 1993), because it pertains to a foreign affairs function of the United States and implements an international agreement, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866. mstockstill on DSK4VPTVN1PROD with RULES Regulatory Flexibility Act CBP Dec. 11–22 was issued as an interim rule rather than a notice of proposed rulemaking because CBP had determined that the interim regulations involve a foreign affairs function of the United States pursuant to section 553(a)(1) of the APA. Because no notice of proposed rulemaking was required, the provisions of the Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.), do not apply. Accordingly, this final rule is not subject to the regulatory analysis requirements or other requirements of 5 U.S.C. 603 and 604. Paperwork Reduction Act The collections of information contained in these regulations have previously been reviewed and approved by the Office of Management and Budget in accordance with the requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1651–0117. The collections of information in these regulations are in §§ 10.903 and 10.904. This information is required in connection with claims for preferential tariff treatment under the PTPA and the Act and will be used by CBP to determine eligibility for tariff preference under the PTPA and the Act. The likely respondents are business organizations including importers, exporters and manufacturers. The estimated average annual burden associated with the collection of information in this final rule is 0.2 hours per respondent or recordkeeper. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Management and Budget, Attention: Desk Officer for the Department of Homeland Security, Office of Information and Regulatory Affairs, Washington, DC 20503. A copy should also be sent to the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, U.S. Customs and VerDate Mar<15>2010 17:06 Oct 17, 2012 Jkt 229001 Border Protection, 799 9th Street NW., 5th Floor, Washington, DC 20229–1179. Under the Paperwork Reduction Act, an agency may not conduct or sponsor, and an individual is not required to respond to, a collection of information unless it displays a valid OMB control number. United States), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314; Signing Authority This document is being issued in accordance with § 0.1(a)(1) of the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations related to certain CBP revenue functions. § 10.918 List of Subjects 19 CFR Part 10 Alterations, Bonds, Customs duties and inspection, Exports, Imports, Preference programs, Repairs, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 24 Accounting, Customs duties and inspection, Financial and accounting procedures, Reporting and recordkeeping requirements, Trade agreements, User fees. 19 CFR Part 162 Administrative practice and procedure, Customs duties and inspection, Penalties, Trade agreements. 19 CFR Part 163 Administrative practice and procedure, Customs duties and inspection, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 178 Administrative practice and procedure, Exports, Imports, Reporting and recordkeeping requirements. Amendments to the CBP Regulations Accordingly, the interim rule amending Parts 10, 24, 162, 163, and 178 of the CBP regulations (19 CFR Parts 10, 24, 162, 163, and 178), which was published at 76 FR 68067 on November 3, 2011, is adopted as a final rule with one change as discussed above and set forth below. * * * * * Sections 10.901 through 10.934 also issued under 19 U.S.C. 1202 (General Note 32, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 110– 138, 121 Stat. 1455 (19 U.S.C. 3805 note). [Amended] 2. In § 10.918, paragraph (c)(1)(ii) is amended by adding, in numerical order, a reference to ‘‘5402.19.30, 5402.19.60,’’. ■ David V. Aguilar, Deputy Commissioner, U.S. Customs and Border Protection. Approved: October 15, 2012. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2012–25668 Filed 10–17–12; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 12 Special Classes of Merchandise CFR Correction In Title 19 of the Code of Federal Regulations, Parts 0 to 140, revised as of April 1, 2012, on page 441, in § 12.112 (a), the words ‘‘(Index of Pesticide Products located in the Environmental Protection Agency’s handbook entitled Recognition and Management of Pesticide Poisonings, found at http:// www.epa.gov)’’ are corrected to read ‘‘(Environmental Protection Agency Form 3540–1)’’. [FR Doc. 2012–25792 Filed 10–17–12; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–357] Schedules of Controlled Substances: Extension of Temporary Placement of Methylone Into Schedule I of the Controlled Substances Act PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. AGENCY: 1. The general authority citation for Part 10 and the specific authority for new Subpart Q continue to read as follows: SUMMARY: ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Drug Enforcement Administration, Department of Justice. ACTION: Final order. This Final Order is issued by the Administrator of the Drug Enforcement Administration (DEA) to extend the temporary scheduling of methylone (3,4-methylenedioxy-Nmethylcathinone) including its salts, E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Rules and Regulations]
[Pages 64031-64032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25668]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 10, 24, 162, 163, and 178

[USCBP-2011-0043; CBP Dec. 12-18]
RIN 1515-AD79


United States-Peru Trade Promotion Agreement

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document adopts as a final rule, with one change, interim 
amendments to the U.S. Customs and Border Protection (CBP) regulations 
which were published in the Federal Register on November 3, 2011, as 
CBP Dec. 11-22, to implement the preferential tariff treatment and 
other customs-related provisions of the United States-Peru Trade 
Promotion Agreement.

DATES: Final rule effective November 19, 2012.

FOR FURTHER INFORMATION CONTACT:
    Textile Operational Aspects: Nancy Mondich, Trade Policy and 
Programs, Office of International Trade, (202) 863-6524.
    Other Operational Aspects: Katrina Chang, Trade Policy and 
Programs, Office of International Trade, (202) 863-6532.
    Legal Aspects: Karen Greene, Regulations and Rulings, Office of 
International Trade, (202) 325-0041.

SUPPLEMENTARY INFORMATION: 

Background

    On November 3, 2011, CBP published CBP Dec. 11-22 in the Federal 
Register (76 FR 68067) setting forth interim amendments to implement 
the preferential tariff treatment and other customs-related provisions 
of the United States-Peru Trade Promotion Agreement (PTPA). Please 
refer to that document for further background information. In order to 
provide transparency and facilitate their use, the majority of the PTPA 
implementing regulations set forth in that interim rule and adopted as 
final in this document have been included within Subpart Q in Part 10 
of the CBP regulations (19 CFR Part 10). However, in those cases in 
which PTPA implementation is more appropriate in the context of an 
existing regulatory provision, the PTPA regulatory text has been 
incorporated in an existing Part within the CBP regulations. CBP Dec. 
11-22 also set forth a number of cross-references and other 
consequential changes to existing regulatory provisions to clarify the 
relationship between those existing provisions and the new PTPA 
implementing regulations.
    Although the interim regulatory amendments were promulgated without 
prior public notice and comment procedures and took effect on November 
3, 2011, CBP Dec. 11-22 provided for the submission of public comments 
which would be considered before adoption of the interim regulations as 
a final rule, and the prescribed public comment closed on January 3, 
2012. CBP received no comments.

Conclusion

    After further review of the matter, and in light of the fact that 
no comments were submitted in response to CBP's solicitation of public 
comment, CBP has determined to adopt as final, with a technical 
correction, the interim rule published in the Federal Register (76 FR 
68067) on November 3, 2011. The technical correction is made to Sec.  
10.918(c)(1)(ii) to reflect amendments to additional U.S. Note 4(d) to 
subchapter XXI of chapter 98 of the Harmonized Tariff Schedule of the 
United States (HTSUS) effected by Presidential Proclamation 8240 of 
April 17, 2008, whereby the tariff numbers of subheading 
``5402.19.30,'' and subheading ``5402.19.60'' were added. As CBP Dec. 
11-22 inadvertently omitted inclusion of these two tariff numbers 
within 19 CFR 10.918(c)(1)(ii),

[[Page 64032]]

the technical correction is necessary to conform the CBP regulations to 
the current version of the HTSUS.

Executive Order 12866

    This document is not a regulation subject to the provisions of 
Executive Order 12866 of September 30, 1993 (58 FR 51735, October 
1993), because it pertains to a foreign affairs function of the United 
States and implements an international agreement, as described above, 
and therefore is specifically exempted by section 3(d)(2) of Executive 
Order 12866.

Regulatory Flexibility Act

    CBP Dec. 11-22 was issued as an interim rule rather than a notice 
of proposed rulemaking because CBP had determined that the interim 
regulations involve a foreign affairs function of the United States 
pursuant to section 553(a)(1) of the APA. Because no notice of proposed 
rulemaking was required, the provisions of the Regulatory Flexibility 
Act, as amended (5 U.S.C. 601 et seq.), do not apply. Accordingly, this 
final rule is not subject to the regulatory analysis requirements or 
other requirements of 5 U.S.C. 603 and 604.

Paperwork Reduction Act

    The collections of information contained in these regulations have 
previously been reviewed and approved by the Office of Management and 
Budget in accordance with the requirements of the Paperwork Reduction 
Act (44 U.S.C. 3507) under control number 1651-0117. The collections of 
information in these regulations are in Sec. Sec.  10.903 and 10.904. 
This information is required in connection with claims for preferential 
tariff treatment under the PTPA and the Act and will be used by CBP to 
determine eligibility for tariff preference under the PTPA and the Act. 
The likely respondents are business organizations including importers, 
exporters and manufacturers.
    The estimated average annual burden associated with the collection 
of information in this final rule is 0.2 hours per respondent or 
recordkeeper. Comments concerning the accuracy of this burden estimate 
and suggestions for reducing this burden should be directed to the 
Office of Management and Budget, Attention: Desk Officer for the 
Department of Homeland Security, Office of Information and Regulatory 
Affairs, Washington, DC 20503. A copy should also be sent to the Trade 
and Commercial Regulations Branch, Regulations and Rulings, Office of 
International Trade, U.S. Customs and Border Protection, 799 9th Street 
NW., 5th Floor, Washington, DC 20229-1179. Under the Paperwork 
Reduction Act, an agency may not conduct or sponsor, and an individual 
is not required to respond to, a collection of information unless it 
displays a valid OMB control number.

Signing Authority

    This document is being issued in accordance with Sec.  0.1(a)(1) of 
the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of 
the Secretary of the Treasury (or his/her delegate) to approve 
regulations related to certain CBP revenue functions.

List of Subjects

19 CFR Part 10

    Alterations, Bonds, Customs duties and inspection, Exports, 
Imports, Preference programs, Repairs, Reporting and recordkeeping 
requirements, Trade agreements.

19 CFR Part 24

    Accounting, Customs duties and inspection, Financial and accounting 
procedures, Reporting and recordkeeping requirements, Trade agreements, 
User fees.

19 CFR Part 162

    Administrative practice and procedure, Customs duties and 
inspection, Penalties, Trade agreements.

19 CFR Part 163

    Administrative practice and procedure, Customs duties and 
inspection, Exports, Imports, Reporting and recordkeeping requirements, 
Trade agreements.

19 CFR Part 178

    Administrative practice and procedure, Exports, Imports, Reporting 
and recordkeeping requirements.

Amendments to the CBP Regulations

    Accordingly, the interim rule amending Parts 10, 24, 162, 163, and 
178 of the CBP regulations (19 CFR Parts 10, 24, 162, 163, and 178), 
which was published at 76 FR 68067 on November 3, 2011, is adopted as a 
final rule with one change as discussed above and set forth below.

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

0
1. The general authority citation for Part 10 and the specific 
authority for new Subpart Q continue to read as follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508, 
1623, 1624, 3314;
* * * * *
    Sections 10.901 through 10.934 also issued under 19 U.S.C. 1202 
(General Note 32, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 110-138, 
121 Stat. 1455 (19 U.S.C. 3805 note).


Sec.  10.918  [Amended]

0
2. In Sec.  10.918, paragraph (c)(1)(ii) is amended by adding, in 
numerical order, a reference to ``5402.19.30, 5402.19.60,''.

David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
    Approved: October 15, 2012.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012-25668 Filed 10-17-12; 8:45 am]
BILLING CODE 9111-14-P