30462 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 

reasons is supported by the evidence 

submitted for the pass over request. 

(d) Agency’s obligation while request 

for objection is pending. Subject to the 

exception set forth in paragraph (e) of 

this section, if an agency makes an 

objection against an applicant for a 

position (including seeking to pass over 

the applicant), and the individual that 

the agency wishes to select would be 

within reach of selection only if the 

objection is sustained, or the pass over 

granted, that agency may not make a 

selection for the position until a final 

ruling is made. 

(e) Applicability of paragraphs (c) and 

(d). Paragraphs (c) and (d) of this section 

do not apply if the agency has more 

than one position to fill from the same 

certificate and holds open (in the event 

the objection is not sustained or the pass 

over request is denied) a position that 

could be filled by the individual against 

whom an objection or a pass over 

request has been filed. 

(f) Procedures for objections and pass 

overs. Agencies must follow the 

procedures for objecting to or requesting 

to pass over an eligible that are 

published by OPM in the Delegated 

Examining Operations Handbook. 

(g) No appeal rights to Merit Systems 

Protection Board (MSPB). An individual 

may not appeal to the MSPB a decision 

by OPM or an agency with delegated 

authority to sustain an objection 

pursuant to this part, including a 

decision to grant a pass over request, 

irrespective of the reason for the 

decision. 

[FR Doc. E9–15184 Filed 6–25–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

15 CFR Part 301 

[Docket No. 080102004–9266–02; FDMS 

Docket No. ITA–2009–0002] 

RIN 0625–AA75 

Changes in Procedures for Florence 

Agreement Program 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Departments of 

Commerce and Treasury (‘‘the 

Departments’’) and Customs and Border 

Protection (‘‘CBP’’) issue this rule to 

amend the regulations governing the 

duty-free entry of scientific instruments 

and apparatus into the United States by 

educational and nonprofit institutions 

to implement technical changes 

required by the passage of the 

Miscellaneous Trade and Technical 

Corrections Act of 2004, to update the 

regulations to comport with current CBP 

practices and changes made in the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’), to add a Web 

site address for Statutory Import 

Programs Staff (‘‘SIPS’’), and to remove 

references to spectrometers pursuant to 

Presidential Proclamation 7011 of June 

30, 1997. We also amend the regulations 

to reflect the nomenclature changes 

made necessary by the transfer of the 

legacy Customs Service of the 

Department of the Treasury to the 

Department of Homeland Security. 

DATES: This rule is effective July 27, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Jesse Cortes, (202) 482–3986, Room 

3712, U.S. Department of Commerce, 

14th Street and Constitution Ave., NW., 

Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

The Departments and Customs and 

Border Protection (CBP), Department of 

Homeland Security, issue this rule to 

amend the regulations found in Part 

301, Chapter III, Subtitle B of Title 15 

of the Code of Federal Regulations (CFR) 

relating to their responsibilities under 

the Educational, Scientific, and Cultural 

Materials Importation Act of 1966 (the 

‘‘Act’’) (Pub. L. 89–651, as amended by 

Pub. L. 106–36; 80 Stat. 897). The Act 

implements U.S. treaty obligations 

under Annex D of the Florence 

Agreement, relating to the import of 

scientific instruments and apparatus. 

Treaty signatories agreed to waive 

duties on such imports if there is no 

scientifically equivalent instrument 

being manufactured in the country of 

importation and the instrument is to be 

used by a nonprofit institution 

established for scientific research or 

educational purposes. 

The purpose of this rulemaking is to 

update the regulations by implementing 

various proposed technical and 

conforming changes to part 301 of title 

15 of the CFR. Section 10.114 of the CBP 

regulations (19 CFR 10.114) crossreferences the location of the 

consolidated regulations of the 

Commerce and Treasury Departments 

relating to the entry of instruments and 

apparatus for educational and scientific 

institutions in 15 CFR part 301. A brief 

overview of the amendments to part 301 

of title 15 of the CFR is set forth below. 

A more detailed discussion on the 

background of these amendments may 

be found in the preamble to the notice 

of proposed rulemaking (73 FR 76571, 

December 17, 2008). 

Explanation of Amendments 

This document amends 15 CFR 301 

by making technical changes to replace 

‘‘U.S. Customs Service’’ and similar 

references throughout the regulations 

with its new designation, ‘‘Customs and 

Border Protection’’ or CBP. This 

document also amends 15 CFR 

301.8(a)(4) by deleting, in its entirety, 

any reference to the 180-day time period 

for the suspension of liquidation of 

entries of scientific instruments 

classified under subheading 9810.00.60 

Harmonized Tariff Schedule of the 

United States (HTSUS) due to the 

subsequent amendments to 19 

U.S.C.1504 since section 301.8(a)(4) was 

promulgated. Section 301.8(c) is 

amended to delete references to the 90- 

day protest period for such entries due 

to the statutory amendments made by 

the Miscellaneous Trade and Technical 

Corrections Act of 2004 to 19 U.S.C. 

1514(c)(3). A technical change is made 

to section 301.3(b) by including the 

Statutory Import Programs Staff (SIPS) 

Web site address to let interested parties 

know that the application for duty-free 

entry of scientific instruments (Form 

ITA–338P) may be obtained from that 

Web site. Finally, sections 301.2(j) and 

(o) are amended to remove the 

references to spectrometers since the 

Presidential Proclamation 7011 of June 

30, 1997, made spectrometers free of 

duty. 

Conclusion 

In light of the fact that no comments 

were submitted in response to the 

solicitation of public comment on the 

proposed rule published in the Federal 

Register (73 FR 76571) on December 17, 

2008, the Departments are adopting the 

proposed regulations without change. 

Administrative Law Requirements 

Regulatory Flexibility Act. In 

accordance with the Regulatory 

Flexibility Act (‘‘RFA’’), 5 U.S.C. 601 et 

seq., the Chief Counsel for Regulation at 

the Department of Commerce has 

certified to the Chief Counsel for 

Advocacy, Small Business 

Administration, that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this certification 

was published in the proposed rule and 

is not repeated here. No comments were 

received on the certification or on the 

economic effects of the rule more 

generally. 

Paperwork Reduction Act. This 

rulemaking does not contain revised 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30463 

collection of information requirements 

subject to review and approval by the 

Office of Management and Budget 

(‘‘OMB’’) under the Paperwork 

Reduction Act of 1995. Collection 

activities are currently approved by the 

OMB under control number 0625–0037. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information unless 

it displays a currently valid OMB 

control number. 

Executive Order 12866. It has been 

determined that this rulemaking is not 

significant for purposes of Executive 

Order 12866. 

Signing Authority. With respect to the 

responsibility of the Department of the 

Treasury in issuing these joint 

regulations of the Commerce and 

Treasury Departments, it is noted that 

the Secretary of the Treasury retains the 

sole authority to approve regulation 

relating to certain customs revenue 

functions pursuant to 19 CFR 0.1(a)(1). 

Accordingly, this document is being 

signed by the Secretary of the Treasury 

(or his/her delegate), and by the 

Commissioner of CBP, who is signing 

this document as the delegate of the 

Secretary of the Department of 

Homeland Security. 

List of Subjects in 15 CFR Part 301 

Administrative practice and 

procedure, Customs duties and 

inspection, Educational facilities, 

Imports, Nonprofit organizations, 

Scientific equipment. 

Amendments to the Regulations 

■ For the reasons set forth in the 

preamble, part 301 of title 15 of the CFR 

(15 CFR Part 301) is amended as 

follows: 

PART 301—[AMENDED] 

■ 1. The authority citation for part 301 

is amended to read as follows: 

Authority: Sec. 6(c), Pub. L. 89–651, 80 

Stat. 897, 899; Sec. 2402, Pub. L. 106–36, 113 

Stat. 127, 168; 19 U.S.C. 1514(c)(3)); and 

Presidential Proclamation 7011, signed on 

June 30, 1997. 

§ 301.1 [Amended] 

■ 2. Section 301.1 is amended by 

removing ‘‘Secretary of the Treasury 

(U.S. Customs Service)’’ in paragraph 

(c)(2) and adding ‘‘Customs and Border 

Protection’’ in its place. 

§ 301.2 [Amended] 

■ 3. Section 301.2 is amended as 

follows: 

■ a. Paragraph (b) is amended by 

removing ‘‘Customs means the U.S. 

Customs Service and ‘The 

Commissioner’ means Commissioner of 

the U.S. Customs Service’’ and adding 

‘‘The Commissioner means 

Commissioner of Customs and Border 

Protection’’ in its place; 

■ b. Paragraph (c) is amended by 

removing ‘‘Customs Port’’ and adding 

‘‘CBP Port’’ in its place; 

■ c. The third sentence of paragraph (j) 

is amended by removing ‘‘automatic 

sampling equipment sold for use with a 

variety of mass spectrometers’’ and 

adding ‘‘a vacuum evaporator sold for 

use with an electron microscope’’ in its 

place; 

■ d. Paragraph (o) is amended by 

removing ‘‘mass spectrometer’’ and ‘‘xray spectrometer’’. 

§ 301.3 [Amended] 

■ 4. Section 301.3 is amended as 

follows: 

■ a. The first sentence of paragraph (b) 

is amended by removing ‘‘20230, or’’ 

and adding ‘‘20230, the Web site at 

http://ia.ita.doc.gov/sips/index.html, 

or’’ in its place; 

■ b. Paragraph (c) is amended by 

removing the words ‘‘U.S. Customs 

Service, Department of the Treasury,’’ 

and adding ‘‘U.S. Customs and Border 

Protection’’ in its place. 

■ 5. Section 301.8 is amended as 

follows: 

■ a. Paragraph (a)(4) is revised; 

■ b. The second sentence of paragraph 

(c) is amended by removing ‘‘, within 90 

days after notice of liquidation’’. 

The revision reads as follows: 

§ 301.8 Instructions for entering 

instruments through U.S. Customs and 

Border Protection under subheading 

9810.00.60, HTSUS. 

* * * * * 

(a) * * * 

(4) If a claim for duty-free entry under 

subheading 9810.00.60, HTSUS is made 

but is not accompanied by a copy of the 

properly stamped form, a deposit of the 

estimated duty is required. Before the 

entry is liquidated, the applicant must 

file with the CBP Port a properly 

stamped copy of the application form. 

In the event that the CBP Port does not 

receive a copy of the properly stamped 

application form before liquidation, the 

instrument shall be classified and 

liquidated in the ordinary course, 

without regard for subheading 

9810.00.60, HTSUS. 

* * * * * 

§§ 301.1, 301.2, 301.4, 301.5, 301.8, 301.9, 

301.10 [Amended] 

■ 6. In addition to the amendments set 

forth above, 15 CFR Part 301 is amended 

by removing ‘‘U.S. Customs Service’’, 

‘‘U.S. Customs’’, or ‘‘Customs’’ and 

adding ‘‘Customs and Border 

Protection’’ in its place in the following 

places: 

■ a. Second sentence in § 301.1(d); 

■ b. Fourth sentence in § 301.2(k); 

■ c. Section 301.4 heading, and first 

sentence of § 301.4(a) introductory text; 

■ d. Second sentence in § 301.5(d)(1)(ii); 

■ e. Section 301.8 heading, § 301.8(a)(3), 

(b) heading and first and second 

sentences, and (d) first and second 

sentences; 

■ f. Section § 301.9(b) and § 301.9(c); 

and 

■ g. Second sentence in § 301.10(a). 

§§ 301.7, 301.8, 301.9 [Amended] 

■ 7. In addition to the amendments set 

forth above, 15 CFR Part 301 is amended 

by removing ‘‘Customs Port’’ and adding 

‘‘CBP Port’’ in its place in the following 

places: 

■ a. First sentence in § 301.7(b); and 

■ b. Third sentence of § 301.9(a) 

introductory text. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration, Department of Commerce. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection, Department of Homeland 

Security. 

Timothy Skud, 

Deputy Assistant Secretary, Department of 

the Treasury. 

[FR Doc. E9–14884 Filed 6–25–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

[Docket No. FDA–2009–N–0665] 

Oral Dosage Form New Animal Drugs; 

Trilostane 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect the 

supplemental approval of a new animal 

drug application (NADA) filed by 

Dechra, Ltd. The supplemental NADA 

provides for the addition of a 10- 

milligram capsule size of trilostane, 

used in dogs for treatment of 

hyperadrenocorticism. 

DATES: This rule is effective June 26, 

2009.