Merchandise Produced by Convict, Forced, or Indentured Labor; Conforming Amendment and Technical Corrections, 26582-26584 [2017-11908]

Download as PDF 26582 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. VerDate Sep<11>2014 16:16 Jun 07, 2017 Jkt 241001 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. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08JNR1.SGM 08JNR1 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations 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 VerDate Sep<11>2014 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08JNR1.SGM 08JNR1 26584 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 VerDate Sep<11>2014 16:16 Jun 07, 2017 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 http://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: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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: E:\FR\FM\08JNR1.SGM 08JNR1

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]


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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