Merchandise Produced by Convict, Forced, or Indentured Labor; Conforming Amendment and Technical Corrections, 26582-26584 [2017-11908]
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska to the extent that it justifies
making a regulatory distinction, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
asabaliauskas on DSKBBXCHB2PROD with RULES
■
2017–12–02 General Electric Company:
Amendment 39–18917; Docket No.
FAA–2017–0016; Directorate Identifier
2016–NE–31–AD.
(a) Effective Date
This AD is effective July 13, 2017.
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None.
(c) Applicability
This AD applies to all GEnx–1B64, –1B64/
P1, –1B64/P2, –1B67, –1B67/P1, –1B67/P2,
–1B70, 1B70/P1, –1B70/P2, –1B70/75/P1,
–1B70/75/P2, –1B70C/P1, –1B70C/P2,
–1B74/75/P1, –1B74/75/P2, –1B76A/P2
engines with outer left side signal fuel
manifold, part number (P/N) 2403M46G01,
and CAGE code 05813, installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7313, Fuel Injector Nozzle.
(e) Unsafe Condition
This AD was prompted by fracture of the
fuel manifold which led to an in-flight
shutdown of the engine. We are issuing this
AD to prevent fracture of the fuel manifold,
engine fire, and damage to the airplane.
(3) For service information identified in
this AD, contact General Electric Company,
GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, phone: 513–552–3272;
fax: 513–552–3329; email: geae.aoc@ge.com.
(4) You may view this service information
at the FAA, Engine & Propeller Directorate,
1200 District Avenue, Burlington, MA. For
information on the availability of this
material at the FAA, call 781–238–7125.
(j) Material Incorporated by Reference
None.
Issued in Burlington, Massachusetts, on
May 30, 2017.
Robert J. Ganley,
Acting Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2017–11781 Filed 6–7–17; 8:45 am]
BILLING CODE 4910–13–P
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(1) Inspect the outer left side signal fuel
manifold, P/N 2403M46G01 and CAGE code
05813, to determine if the part has additional
marking ‘‘XB,’’ ‘‘INS,’’ or ‘‘KB’’ adjacent to
part number. If the part is marked with ‘‘XB,’’
‘‘INS,’’ or ‘‘KB,’’ then no further action is
required.
(2) For parts without additional marking
‘‘XB,’’ ‘‘INS,’’ or ‘‘KB’’ adjacent to the part
number, within 12 months after the effective
date of this AD, replace the outer left side
signal fuel manifold with a part eligible for
installation.
DEPARTMENT OF HOMELAND
SECURITY
(g) Installation Prohibition
After the effective date of this AD, do not
install an outer left side signal fuel manifold,
P/N 2403M46G01, and CAGE code 05813,
onto an engine, unless additional marking
‘‘XB,’’ ‘‘INS,’’ or ‘‘KB’’ is adjacent to the part
number.
AGENCY:
(h) Alternative Methods of Compliance
(AMOCs)
The Manager, Engine Certification Office,
FAA, may approve AMOCs for this AD. Use
the procedures found in 14 CFR 39.19 to
make your request. You may email your
request to: ANE-AD-AMOC@faa.gov.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
§ 39.13
(b) Affected ADs
(i) Related Information
(1) For more information about this AD,
contact Christopher McGuire, Aerospace
Engineer, Engine Certification Office, FAA,
Engine & Propeller Directorate, 1200 District
Avenue, Burlington, MA 01803; phone: 781–
238–7120; fax: 781–238–7199; email:
chris.mcguire@faa.gov.
(2) GE GEnx-1B Service Bulletin (SB) 73–
0051 R00, dated November 4, 2016; GE
GEnx–1B SB 73–0052 R00, dated October 28,
2016; and GE GEnx–1B SB 73–0053 R00,
dated November 15, 2016, can be obtained
from GE using the contact information in
paragraph (i)(3) of this AD. These SBs,
respectively, describe procedures for
inspecting, repairing, and replacing the outer
left side signal fuel manifold.
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U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. No. 17–04]
RIN 1515–AE22
Merchandise Produced by Convict,
Forced, or Indentured Labor;
Conforming Amendment and Technical
Corrections
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
This document amends the
U.S. Customs and Border Protection
regulations to reflect section 910 of the
Trade Facilitation and Trade
Enforcement Act of 2015 by removing
the ‘‘consumptive demand’’ clause from
the regulations concerning the
prohibition on the importation of
merchandise produced by convict,
forced, or indentured labor. It also
updates the regulations to reflect the
correct name of the agency and includes
a minor procedural change with regard
to the filing of proof of admissibility.
DATES: This final rule is effective on
June 8, 2017.
FOR FURTHER INFORMATION CONTACT:
Thomas Kendrick, Trade Remedy Law
Enforcement Directorate, Office of
Trade, Thomas.Kendrick@dhs.gov, (202)
863–6057.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Section 307 of the Tariff Act of 1930,
as amended (19 U.S.C. 1307) prohibits
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asabaliauskas on DSKBBXCHB2PROD with RULES
the importation of merchandise that has
been mined, produced, or
manufactured, wholly or in part, in any
foreign country by forced labor,
including prison labor and forced child
labor. Despite this general prohibition,
the Tariff Act of 1930 included a
‘‘consumptive demand’’ clause, which
allowed for the importation of forcedlabor-derived goods if the goods were
not produced in such quantities in the
United States as to meet the
‘‘consumptive demands’’ of the United
States.
On February 24, 2016, the President
signed into law the Trade Facilitation
and Trade Enforcement Act of 2015
(TFTEA) (Pub. L. 114–125). Section 910
of TFTEA repeals the ‘‘consumptive
demand’’ clause in section 307 of the
Tariff Act of 1930, thereby eliminating
the consumptive demand exception to
the prohibition on importation of goods
made with convict labor, forced labor,
or indentured servitude. This
amendment went into effect on March
10, 2016.
II. Amendments to the Regulations To
Remove the ‘‘Consumptive Demand’’
Clause
The regulations corresponding to
section 307 of the Tariff Act of 1930, as
amended, are contained within title 19
of the Code of Federal Regulations (CFR)
at 19 CFR 12.42–12.45, ‘‘Merchandise
Produced by Convict, Forced, or
Indentured Labor.’’ This document
amends these regulations to remove the
‘‘consumptive demand’’ exception from
the general prohibition against the
importation of goods produced by
convict, forced, or indentured labor.
While U.S. Customs and Border
Protection (CBP) has been enforcing the
ban on the importation of merchandise
produced through convict, forced, or
indentured labor without taking
consumptive demand into consideration
since section 910 of TFTEA has gone
into effect, this conforming amendment
is necessary to ensure that 19 CFR
reflects the recent statutory amendment.
This rulemaking is limited to this
conforming amendment and other
minor non-substantive amendments.
The non-substantive amendments
included in this rulemaking are
amendments to correct a spelling error,
replace outdated references to
‘‘Customs’’ with ‘‘CBP’’, and make a
minor procedural change. The change in
terminology from ‘‘Customs’’ to ‘‘CBP’’
is consistent with the transfer of the
legacy U.S. Customs Service of the
Department of the Treasury to the
Department of Homeland Security
(DHS) in 2003 and the subsequent
renaming of the agency as U.S. Customs
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16:16 Jun 07, 2017
Jkt 241001
and Border Protection (CBP) by DHS on
March 31, 2007. See 72 FR 20131, April
23, 2007. See also 75 FR 12445, March
16, 2010.
The procedural change involves the
addition of a person (i.e., the Port
Director) to whom an importer may
submit proof of admissibility when
contending that an article was not
mined, produced, or manufactured in
any part with the use of a prohibited
class of labor. The current regulation (19
CFR 12.43(b)) provides that the importer
shall submit this information to the
Commissioner. To provide more
flexibility, and for consistency with 19
CFR 12.42(b), CBP is amending this
provision to allow for the proof of
admissibility to be submitted to the
Commissioner of CBP or to the Port
Director.
III. Inapplicability of Notice and
Delayed Effective Date
The Administrative Procedure Act
(APA) generally requires agencies to
publish a notice of proposed rulemaking
in the Federal Register and provide
interested persons the opportunity to
submit comments. See 5 U.S.C. 553(b)
and (c). However, certain exceptions are
provided.
The APA provides an exception from
notice and comment procedures when
an agency finds for good cause that
those procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ See 5 U.S.C. 553(b)(3)(B). In
this case, CBP finds that good cause
exists for dispensing with notice and
public procedure as unnecessary
because the conforming amendment and
technical corrections set forth in this
document are required to ensure that 19
CFR reflects both the recent
amendments to the underlying statutory
authority effected by section 910 of
TFTEA and the most up-to-date
terminology. For this same reason,
pursuant to 5 U.S.C. 553(d)(3), CBP
finds that good cause exists for
dispensing with the requirement for a
delayed effective date.
The APA also provides an exception
to the prior notice and comment
requirement for ‘‘rules of agency
organization, procedure, or practice.’’
See 5 U.S.C. 553(b)(A). The procedural
change discussed above, i.e., including
an additional person to whom an
importer may submit proof of
admissibility when contending that an
article was not mined, produced, or
manufactured in any part with the use
of a prohibited class of labor, is a minor
change that has been promulgated for
agency efficiency purposes, and is a rule
of internal agency procedure.
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26583
IV. Statutory and Regulatory
Requirements
A. Executive Orders 12866 and 13563
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. As these
amendments are a conforming
amendment and technical corrections to
the regulations to reflect statutory
changes and to make minor nonsubstantive edits, these amendments do
not meet the criteria for a ‘‘significant
regulatory action,’’ under section 3(f) of
Executive Order 12866.
The Regulatory Flexibility Act
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
B. Paperwork Reduction Act
There is no new collection of
information required in this document;
therefore, the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507) are inapplicable.
C. Signing Authority
This regulation is being issued in
accordance with 19 CFR 0.1(a)(1),
pertaining to the Secretary of the
Treasury’s authority (or that of his
delegate) to approve regulations related
to certain customs revenue functions.
List of Subjects in 19 CFR Part 12
Customs duties and inspection,
Reporting and recordkeeping
requirements.
Amendments to the CBP Regulations
For the reasons stated above in the
preamble, CBP amends 19 CFR part 12
as set forth below.
PART 12—SPECIAL CLASSES OF
MERCHANDISE
1. The general authority citation for
part 12 continues and the specific
authority for Sections 12.42 through
12.44 is revised to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations
Schedule of the United States (HTSUS)),
1624.
*
*
*
*
DEPARTMENT OF HOMELAND
SECURITY
*
Sections 12.42 through 12.44 also issued
under 19 U.S.C. 1307, Pub. L. 105–61 (111
Stat. 1272), and Public L. 114–125 (130 Stat.
122);
*
*
*
*
*
■ 2. Amend § 12.42 as follows:
■ a. Revise the section heading;
■ b. In paragraph (a), remove the words
‘‘Commissioner of Customs’’ and add in
their place ‘‘Commissioner of CBP’’;
■ c. Revise paragraph (b);
■ d. In paragraphs (c), (d), (e), and (f)
remove the words ‘‘Commissioner of
Customs’’ and add in their place
‘‘Commissioner of CBP’’; and
■ e. In paragraph (g), remove the word
‘‘specifed’’ and add in its place
‘‘specified’’ and remove the word
‘‘Customs’’ and add in its place ‘‘CBP’’;
The revisions read as follows:
§ 12.42
Findings of Commissioner of CBP.
*
*
*
*
*
(b) Any person outside CBP who has
reason to believe that merchandise
produced in the circumstances
mentioned in paragraph (a) of this
section is being, or is likely to be,
imported into the United States may
communicate his belief to any port
director or the Commissioner of CBP.
Every such communication shall
contain, or be accompanied by:
(1) A full statement of the reasons for
the belief;
(2) A detailed description or sample
of the merchandise; and
(3) All pertinent facts obtainable as to
the production of the merchandise
abroad.
*
*
*
*
*
§ 12.43
[Amended]
3. In § 12.43, in paragraphs (a) and (b),
remove the words ‘‘Commissioner of
Customs’’ and add in their place the
words ‘‘port director or Commissioner
of CBP’’.
■
§ 12.44
[Amended]
5. Amend § 12.44 as follows:
a. In paragraphs (a) and (b) remove all
instances of the words ‘‘Commissioner
of Customs’’ and add in their place
‘‘Commissioner of CBP’’; and
■ b. In paragraph (c) remove the word
‘‘Customs’’ and add in its place ‘‘CBP’’.
asabaliauskas on DSKBBXCHB2PROD with RULES
■
■
Dated: June 5, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and
Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017–11908 Filed 6–7–17; 8:45 am]
BILLING CODE 9111–14–P
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Jkt 241001
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0456]
Drawbridge Operation Regulation;
Lake Washington Ship Canal, Seattle,
WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Ballard
Bridge, mile 1.1, the Fremont Bridge,
mile 2.6, and the University Bridge,
mile 4.3, all crossing the Lake
Washington Ship Canal at Seattle, WA.
The deviation is necessary to
accommodate the 4th of July fireworks
event. This deviation allows the bridges
to remain in the closed-to-navigation
position to allow for the safe movement
of event participants.
DATES: This deviation is effective from
9 p.m. on July 4, 2017, to 1 a.m. on July
5, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0456] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: Seattle
Department of Transportation, the
owner of the impacted drawbridges,
requested a temporary deviation from
the operating schedule for the Ballard
Bridge, mile 1.1, the Fremont Bridge,
mile 2.6, and the University Bridge,
mile 4.3, all crossing the Lake
Washington Ship Canal at Seattle, WA,
to facilitate safe passage of participants
in the 4th of July fireworks event. The
Ballard Bridge provides a vertical
clearance of 29 feet in the closed-tonavigation position; the University
Bridge provides a vertical clearance of
30 feet in the closed-to-navigation
position; the Fremont Bridge provides a
vertical clearance of 14 feet (31 feet of
vertical clearance for the center 36
horizontal feet) in the closed-tonavigation position. Vertical clearances
are referenced to the Mean Water Level
SUMMARY:
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of Lake Washington. The normal
operating schedule for the three subject
bridges is in 33 CFR 117.1051. During
this deviation period, the Ballard Bridge
and University Bridge need not open to
marine vessels from 10 p.m. on July 4,
2017, to 1:00 a.m. on July 5, 2017, and
the Fremont Bridge need not open to
marine vessels from 9 p.m. on July 4,
2017, to 00:30 a.m. on July 5, 2017.
Waterway usage on Lake Washington
Ship Canal ranges from commercial tug
and barge to small pleasure craft. The
Coast Guard conducted outreach to
known users of this waterway for
feedback on the deviation and received
no objections. Vessels able to pass
through the bridges in the closed-tonavigation position may do so at
anytime. Both bridges will be able to
open for emergencies, and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: June 2, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2017–11901 Filed 6–7–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0488]
RIN 1625–AA00
Safety Zone; Columbia River, Goble,
OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
along the navigable waters of the
Columbia River in Goble, OR. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by vessel
removal and remediation operations
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26582-26584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11908]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. No. 17-04]
RIN 1515-AE22
Merchandise Produced by Convict, Forced, or Indentured Labor;
Conforming Amendment and Technical Corrections
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
regulations to reflect section 910 of the Trade Facilitation and Trade
Enforcement Act of 2015 by removing the ``consumptive demand'' clause
from the regulations concerning the prohibition on the importation of
merchandise produced by convict, forced, or indentured labor. It also
updates the regulations to reflect the correct name of the agency and
includes a minor procedural change with regard to the filing of proof
of admissibility.
DATES: This final rule is effective on June 8, 2017.
FOR FURTHER INFORMATION CONTACT: Thomas Kendrick, Trade Remedy Law
Enforcement Directorate, Office of Trade, Thomas.Kendrick@dhs.gov,
(202) 863-6057.
SUPPLEMENTARY INFORMATION:
I. Background
Section 307 of the Tariff Act of 1930, as amended (19 U.S.C. 1307)
prohibits
[[Page 26583]]
the importation of merchandise that has been mined, produced, or
manufactured, wholly or in part, in any foreign country by forced
labor, including prison labor and forced child labor. Despite this
general prohibition, the Tariff Act of 1930 included a ``consumptive
demand'' clause, which allowed for the importation of forced-labor-
derived goods if the goods were not produced in such quantities in the
United States as to meet the ``consumptive demands'' of the United
States.
On February 24, 2016, the President signed into law the Trade
Facilitation and Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114-
125). Section 910 of TFTEA repeals the ``consumptive demand'' clause in
section 307 of the Tariff Act of 1930, thereby eliminating the
consumptive demand exception to the prohibition on importation of goods
made with convict labor, forced labor, or indentured servitude. This
amendment went into effect on March 10, 2016.
II. Amendments to the Regulations To Remove the ``Consumptive Demand''
Clause
The regulations corresponding to section 307 of the Tariff Act of
1930, as amended, are contained within title 19 of the Code of Federal
Regulations (CFR) at 19 CFR 12.42-12.45, ``Merchandise Produced by
Convict, Forced, or Indentured Labor.'' This document amends these
regulations to remove the ``consumptive demand'' exception from the
general prohibition against the importation of goods produced by
convict, forced, or indentured labor. While U.S. Customs and Border
Protection (CBP) has been enforcing the ban on the importation of
merchandise produced through convict, forced, or indentured labor
without taking consumptive demand into consideration since section 910
of TFTEA has gone into effect, this conforming amendment is necessary
to ensure that 19 CFR reflects the recent statutory amendment. This
rulemaking is limited to this conforming amendment and other minor non-
substantive amendments.
The non-substantive amendments included in this rulemaking are
amendments to correct a spelling error, replace outdated references to
``Customs'' with ``CBP'', and make a minor procedural change. The
change in terminology from ``Customs'' to ``CBP'' is consistent with
the transfer of the legacy U.S. Customs Service of the Department of
the Treasury to the Department of Homeland Security (DHS) in 2003 and
the subsequent renaming of the agency as U.S. Customs and Border
Protection (CBP) by DHS on March 31, 2007. See 72 FR 20131, April 23,
2007. See also 75 FR 12445, March 16, 2010.
The procedural change involves the addition of a person (i.e., the
Port Director) to whom an importer may submit proof of admissibility
when contending that an article was not mined, produced, or
manufactured in any part with the use of a prohibited class of labor.
The current regulation (19 CFR 12.43(b)) provides that the importer
shall submit this information to the Commissioner. To provide more
flexibility, and for consistency with 19 CFR 12.42(b), CBP is amending
this provision to allow for the proof of admissibility to be submitted
to the Commissioner of CBP or to the Port Director.
III. Inapplicability of Notice and Delayed Effective Date
The Administrative Procedure Act (APA) generally requires agencies
to publish a notice of proposed rulemaking in the Federal Register and
provide interested persons the opportunity to submit comments. See 5
U.S.C. 553(b) and (c). However, certain exceptions are provided.
The APA provides an exception from notice and comment procedures
when an agency finds for good cause that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' See
5 U.S.C. 553(b)(3)(B). In this case, CBP finds that good cause exists
for dispensing with notice and public procedure as unnecessary because
the conforming amendment and technical corrections set forth in this
document are required to ensure that 19 CFR reflects both the recent
amendments to the underlying statutory authority effected by section
910 of TFTEA and the most up-to-date terminology. For this same reason,
pursuant to 5 U.S.C. 553(d)(3), CBP finds that good cause exists for
dispensing with the requirement for a delayed effective date.
The APA also provides an exception to the prior notice and comment
requirement for ``rules of agency organization, procedure, or
practice.'' See 5 U.S.C. 553(b)(A). The procedural change discussed
above, i.e., including an additional person to whom an importer may
submit proof of admissibility when contending that an article was not
mined, produced, or manufactured in any part with the use of a
prohibited class of labor, is a minor change that has been promulgated
for agency efficiency purposes, and is a rule of internal agency
procedure.
IV. Statutory and Regulatory Requirements
A. Executive Orders 12866 and 13563
Executive Orders 13563 and 12866 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. As these amendments are a conforming amendment and
technical corrections to the regulations to reflect statutory changes
and to make minor non-substantive edits, these amendments do not meet
the criteria for a ``significant regulatory action,'' under section
3(f) of Executive Order 12866.
The Regulatory Flexibility Act
Because this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
B. Paperwork Reduction Act
There is no new collection of information required in this
document; therefore, the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3507) are inapplicable.
C. Signing Authority
This regulation is being issued in accordance with 19 CFR
0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or
that of his delegate) to approve regulations related to certain customs
revenue functions.
List of Subjects in 19 CFR Part 12
Customs duties and inspection, Reporting and recordkeeping
requirements.
Amendments to the CBP Regulations
For the reasons stated above in the preamble, CBP amends 19 CFR
part 12 as set forth below.
PART 12--SPECIAL CLASSES OF MERCHANDISE
0
1. The general authority citation for part 12 continues and the
specific authority for Sections 12.42 through 12.44 is revised to read
as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff
[[Page 26584]]
Schedule of the United States (HTSUS)), 1624.
* * * * *
Sections 12.42 through 12.44 also issued under 19 U.S.C. 1307,
Pub. L. 105-61 (111 Stat. 1272), and Public L. 114-125 (130 Stat.
122);
* * * * *
0
2. Amend Sec. 12.42 as follows:
0
a. Revise the section heading;
0
b. In paragraph (a), remove the words ``Commissioner of Customs'' and
add in their place ``Commissioner of CBP'';
0
c. Revise paragraph (b);
0
d. In paragraphs (c), (d), (e), and (f) remove the words ``Commissioner
of Customs'' and add in their place ``Commissioner of CBP''; and
0
e. In paragraph (g), remove the word ``specifed'' and add in its place
``specified'' and remove the word ``Customs'' and add in its place
``CBP'';
The revisions read as follows:
Sec. 12.42 Findings of Commissioner of CBP.
* * * * *
(b) Any person outside CBP who has reason to believe that
merchandise produced in the circumstances mentioned in paragraph (a) of
this section is being, or is likely to be, imported into the United
States may communicate his belief to any port director or the
Commissioner of CBP. Every such communication shall contain, or be
accompanied by:
(1) A full statement of the reasons for the belief;
(2) A detailed description or sample of the merchandise; and
(3) All pertinent facts obtainable as to the production of the
merchandise abroad.
* * * * *
Sec. 12.43 [Amended]
0
3. In Sec. 12.43, in paragraphs (a) and (b), remove the words
``Commissioner of Customs'' and add in their place the words ``port
director or Commissioner of CBP''.
Sec. 12.44 [Amended]
0
5. Amend Sec. 12.44 as follows:
0
a. In paragraphs (a) and (b) remove all instances of the words
``Commissioner of Customs'' and add in their place ``Commissioner of
CBP''; and
0
b. In paragraph (c) remove the word ``Customs'' and add in its place
``CBP''.
Dated: June 5, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-11908 Filed 6-7-17; 8:45 am]
BILLING CODE 9111-14-P
