[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Rules and Regulations]
[Pages 65365-65366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27310]
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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-2010-0041; CBP Dec. 11-19]
RIN 1515-AD68
United States-OMAN Free Trade Agreement
AGENCIES: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document adopts as a final rule, without change, interim
amendments to the Customs and Border Protection (``CBP'') regulations
which were published in the Federal Register on January 6, 2011, as CBP
Dec. 11-01 to implement the preferential tariff treatment and other
customs-related provisions of the United States--Oman Free Trade
Agreement entered into by the United States and the Sultanate of Oman.
DATES: Final rule effective November 21, 2011.
FOR FURTHER INFORMATION CONTACT: Textile Operational Aspects: Nancy
Mondich, Office of International Trade, (202) 863-6524. Other
Operational Aspects: Seth Mazze, Office of
[[Page 65366]]
International Trade, (202) 863-6567. Legal Aspects: Elif Eroglu, Office
of International Trade, (202) 325-0277.
SUPPLEMENTARY INFORMATION:
Background
On January 19, 2006, the United States and the Sultanate of Oman
(the ``Parties'') entered into the U.S.-Oman Free Trade Agreement
(``OFTA'' or ``Agreement''). The provisions of the OFTA were adopted by
the United States with the enactment of the United States-Oman Free
Trade Agreement Implementation Act (the ``Act''), Public Law 109-283,
120 Stat. 1191 (19 U.S.C. 3805 note), on September 26, 2006. Section
206 of the Act requires that regulations be prescribed as necessary
pending the President issuing a proclamation to implement the
Agreement.
Following Presidential Proclamation 8332, CBP published on January
6, 2011, CBP Dec. 11-01 in the Federal Register (76 FR 697), setting
forth interim amendments to implement the preferential tariff treatment
and customs-related provisions of the OFTA. In order to provide
transparency and facilitate their use, the majority of the OFTA
implementing regulations set forth in CBP Dec. 11-01 were included
within new subpart P in part 10 of the CBP regulations (19 CFR part
10). However, in those cases in which OFTA implementation was more
appropriate in the context of an existing regulatory provision, the
OFTA regulatory text was incorporated in an existing part within the
CBP regulations. For a detailed description of the pertinent provisions
of the Agreement and of the OFTA implementing regulations, please see
CBP Dec. 11-01.
Although the interim regulatory amendments were promulgated without
prior public notice and comments procedures and took effect on January
6, 2011, CBP Dec. 11-01 provided for the submission of public comments
that would be considered before adopting the interim regulations as a
final rule. The prescribed comment period closed on March 7, 2011.
Discussion of Comment Received in Response to CBP Dec. 11-01
One favorable response was received to the solicitation of comments
on the interim rule set forth in CBP Dec. 11-01 which recommended that
the government have more free trade agreements like the OFTA.
Conclusion
Accordingly, CBP believes that the interim regulations published as
CBP Dec. 11-01 should be adopted as a final rule without change.
Executive Order 12866
This document is not a regulation or rule 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. 11-01 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 Administrative Procedure Act.
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 to this rulemaking. 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 in these regulations are under
review 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. 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.
The collections of information in these regulations are in
Sec. Sec. 10.863, 10.864, 10.881, and 10.884. This information is
required in connection with claims for preferential tariff treatment
and for the purpose of the exercise of other rights under the OFTA and
the Act and will be used by CBP to determine eligibility for a tariff
preference or other rights or benefits under the OFTA 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.
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 customs revenue functions.
List of Subjects
19 CFR Part 10
Customs duties and inspection, Exports, Imports, Reporting and
recordkeeping requirements.
19 CFR Part 24
Accounting, Customs duties and inspection, Reporting and
recordkeeping requirements.
19 CFR Part 162
Administrative practice and procedure, Customs duties and
inspection, Reporting and recordkeeping requirements.
19 CFR Part 163
Administrative practice and procedure, Customs duties and
inspection, Exports, Imports, Reporting and recordkeeping requirements.
19 CFR Part 178
Reporting and recordkeeping requirements.
Amendments to the CBP Regulations
0
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 697 on January 6, 2011, is adopted as a final
rule without change.
Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
Approved: October 18, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-27310 Filed 10-20-11; 8:45 am]
BILLING CODE 9111-14-P