Publication of Administrative Forfeiture Notices, 8509-8510 [05-3327]

Download as PDF Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Rules and Regulations 8509 TABLE 1.—APPLICABILITY Airplane model Propeller model Fairchild SA226–TC ........................................... Fairchild SA226–AT ........................................... Fairchild SA226–T ............................................. HC–B3TN–5( )/T10282( ) .................................. Garrett TPE331–10UA–511G paragraph (h)(2) of this AD, then do the following: (1) Inspect the blades within 500 hours since the last Hartzell SB No. 136E, or later Revision, inspection, and thereafter within 500 service hour intervals, using Paragraph 3 of the Accomplishment Instructions of Hartzell SB No. 136, Revision Letter ‘‘I,’’ dated April 25, 2003. (2) Replace before further flight all blades showing evidence of cracks or other unairworthy conditions, as noted in Hartzell SB No. 136, Revision Letter ‘‘I,’’ dated April 25, 2003, with airworthy blades. Related Information (o) None. (d) For reference, airplanes incorporating Supplemental Type Certificates (STCs) SA344GL–D, SA4872SW, and SA345GL–D have these engine, propeller, and airplane combinations. (e) The parentheses appearing in the propeller model number indicates the presence or absence of an additional letter(s) that varies the basic propeller model. This AD still applies regardless of whether these letters are present or absent in the propeller model designation. Unsafe Condition (f) This AD results from a review of all currently effective ADs. That review determined that Priority Letter AD 88–24–15 was not published in the Federal Register to make it effective to all operators, as opposed to just the operators who received actual notice of the original Priority Letter AD. This AD also results from the discovery that the original AD omitted an airplane model with a certain STC from the applicability. We are issuing this AD to prevent possible blade failure near the hub which can result in blade separation, engine separation, damage to the airplane, and possible loss of the airplane. Compliance (g) You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Required Actions (h) Within 10 hours time-in-service (TIS) after the effective date of this AD, perform a document search to determine if the following actions have been done: (1) The propeller blades meet the initial and repetitive compliance requirements of Priority Letter AD 88–24–15. (2) The P/N T10282( ) propeller blades have been replaced with P/N T10282N( ), T10282NB( ), T10282NK( ), or T10282NE( ) propeller blades. (i) If the actions in paragraph (h)(1) or (h)(2) of this AD have not been done, then do one of the following: (1) Inspect the blades using Paragraph 3 of the Accomplishment Instructions of Hartzell Service Bulletin (SB) No. 136, Revision Letter ‘‘I,’’ dated April 25, 2003, within 500 hours time-since-new (TSN) or time-since-lastoverhaul (TSLO) and not to exceed two years after the effective date of this AD, whichever occurs first; and thereafter within 500 service-hour intervals; or (2) Replace with P/N T10282N( ), T10282NB( ), T10282NK( ), or T10282NE( ) propeller blades as applicable, within 500 hours TSN or TSLO and not to exceed two years after the effective date of this AD, whichever occurs first. (j) If the actions in paragraph (h)(1) of this AD have been done, but not the actions in VerDate jul<14>2003 12:43 Feb 18, 2005 Jkt 205001 Engine model Hartzell SB No. 136 (k) Since Hartzell SB No. 136E was issued, the SB has been revised to 136F, 136G, 136H, and 136I. Any of these revisions are suitable for determining past compliance, as they are all approved as alternative methods of compliance (AMOC). After the effective date of this AD, compliance is restricted to SB No. 136, Revision Letter ‘‘I,’’ or later versions when approved by an AMOC. Optional Terminating Action (l) Installation of propeller blades, P/N T10282N( ), T10282NB( ), T10282NK( ), or T10282NE( ) as applicable, onto a Hartzell Propeller Inc. model HC–B3TN–5( ) propeller constitutes terminating action to the inspections, repairs, and replacements specified in paragraphs (i) through (j)(2) of this AD. Alternative Methods of Compliance (m) The Manager, Chicago Aircraft Certification Office, has the authority to approve alternate methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Material Incorporated by Reference (n) You must use Hartzell SB No. 136 (HC– SB–61–136), Revison Letter ‘‘I,’’ dated April 25, 2003, to perform the inspections required by this AD. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You can get a copy from Hartzell Propeller Inc. Technical Publications Department, One Propeller Place, Piqua, OH 45356; telephone (937) 778–4200; fax (937) 778–4391. You can review copies at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Issued in Burlington, Massachusetts, on February 11, 2005. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 05–3046 Filed 2–18–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection 19 CFR Part 162 [CBP Dec. 05–02] RIN 1651–AA48 Publication of Administrative Forfeiture Notices Bureau of Customs and Border Protection, Homeland Security. ACTION: Final rule. AGENCY: SUMMARY: This document adopts as a final rule, a proposed amendment to the Bureau of Customs and Border Protection (CBP) Regulations published in the Federal Register on January 14, 2004, to raise the threshold value of seized property for which CBP must publish a forfeiture notice in a newspaper from $2,500 to $5,000. By changing the requirements for publication of administrative forfeiture notices, the amendment significantly reduces the publication costs incurred by CBP, which have often exceeded the value of seized property. EFFECTIVE DATE: March 24, 2005. FOR FURTHER INFORMATION CONTACT: Ricardo Scheller, Seizures & Penalties Branch, (202) 344–1095. SUPPLEMENTARY INFORMATION: Background Section 162.45 of the Customs and Border Protection (CBP) Regulations (19 CFR 162.45) sets forth the procedure that CBP must follow when it seizes and gives notice of intent to forfeit property under administrative forfeiture proceedings, as required by section 607 of the Tariff Act of 1930, as amended (19 U.S.C. 1607). The statutory language E:\FR\FM\22FER1.SGM 22FER1 8510 Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Rules and Regulations allows for administrative forfeiture when CBP seizes (1) a prohibited importation; (2) a transporting conveyance if used to import, export, transport or store a controlled substance or listed chemical; (3) any monetary instrument within the meaning of 31 U.S.C. 5312(a)(3); or (4) any conveyance, merchandise or baggage for which its value does not exceed $500,000. Specifically, § 162.45(b), CBP Regulations, addresses publication of notices under administrative forfeiture proceedings. If the value of seized property exceeds $2,500, current paragraph (b)(1) requires publication of administrative forfeiture notices in a newspaper circulated at the Customs port and in the judicial district where the seizure occurred. All known partiesin-interest are notified of the newspaper and expected dates of publication of the notice. When the value of the seized property does not exceed $2,500, current paragraph (b)(2) of § 162.45 allows CBP to publish a notice of seizure and intent to forfeit by posting it in a conspicuous place accessible to the public at the customhouse nearest the place of seizure. Proposal On January 14, 2004, CBP published a document in the Federal Register (69 FR 2093) proposing to amend the CBP Regulations by changing the requirements for publication of administrative forfeiture notices in § 162.45(b)(1) by raising the value threshold of property for which CBP must publish an administrative forfeiture notice in a newspaper from $2,500 to $5,000. Consequently, the applicability of paragraph (b)(2) would be automatically expanded to seizures of property valued at $5,000 or under, allowing CBP to publish the notice by posting it in a conspicuous place accessible to the public at the customhouse nearest the place of seizure. CBP had last changed the regulation in 1985, when it increased the dollar threshold from $250 to $2,500. Since then, inflation has often caused the costs of publication in large metropolitan areas to exceed $2,500. Thus, in many cases the publication costs can be prohibitive when compared to the value of the property advertised. Adoption of Proposal as Final Rule Comments on the proposed amendment to the CBP Regulations were solicited. No comments were received during the public comment period, which closed on March 15, 2004. Upon further consideration of the VerDate jul<14>2003 12:43 Feb 18, 2005 Jkt 205001 matter, CBP has determined to adopt the proposal as published on January 14, 2004. Regulatory Flexibility Act and Executive Order 12866 Approved: February 16, 2005. Robert C. Bonner, Commissioner, Customs and Border Protection. [FR Doc. 05–3327 Filed 2–18–05; 8:45 am] BILLING CODE 4820–02–P The amendment is changing the dollar value threshold governing only the form of public notice, not its substance. Accordingly, CBP certifies that the amendment will not have a significant economic impact on a substantial number of small entities, pursuant to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Accordingly, it is not subject to the regulatory analysis or other requirements of 5 U.S.C. 603 and 604. For the same reasons, this document does not meet the criteria for a ‘‘significant regulatory action’’ as specified in E.O. 12866. INTERNATIONAL TRADE COMMISSION 19 CFR Parts 206 and 207 Investigations Relating to Global and Bilateral Safeguard Actions, Market Disruption, Trade Diversion and Review of Relief Actions; and Investigations of Whether Injury to Domestic Industries Results From Imports Sold at Less Than Fair Value or From Subsidized Exports to the United States International Trade Commission. ACTION: Notice of final rulemaking. AGENCY: Drafting Information The principal author of this document ˜ is Mr. Fernando Pena, Office of Regulations and Rulings, Customs and Border Protection. However, personnel from other Bureau offices participated in its development. SUMMARY: The United States International Trade Commission (Commission) hereby amends its Rules of Practice and Procedure (Rules) regarding antidumping and Signing Authority countervailing duty (AD/CVD) This regulation is being issued by CBP investigations as well as certain safeguard and market disruption in accordance with 19 CFR 0.1(b)(1). proceedings. Under the amended Rules, List of Subjects in 19 CFR Part 162 parties are required to file prehearing briefs no later than five business days Administrative practice and before the hearing, and they must file in procedure, Customs duties and inspection, Drug traffic control, Exports, camera requests no later than seven business days prior to the hearing. Such Imports, Inspection, Law enforcement, in camera requests and any comments Penalties, Prohibited merchandise, to those requests must be served by Restricted merchandise, Reporting and hand-delivery or next-day service. recordkeeping requirements, Search Further, petitions filed after 12 noon warrants, Seizures and forfeitures. will be deemed to be filed the following Amendment to the Regulations business day. The amended Rules no longer require clerical or other staff to I For the reasons stated above, part 162 file an administrative protective order of the CBP Regulations (19 CFR part 162) (APO) application with the is amended as follows. Commission; however, they must sign a form maintained by an authorized APO PART 162—INSPECTION, SEARCH, applicant. Finally, parties must file new AND SEIZURE APO applications in NAFTA appeals. DATES: The effective date of these I 1. The general authority citation for amendments is March 24, 2005. part 162 and the specific authority citation for § 162.45 continues to read as FOR FURTHER INFORMATION CONTACT: Marilyn R. Abbott, Secretary, United follows: States International Trade Commission, Authority: 5 U.S.C. 301; 19 U.S.C. 66, telephone 202–205–2000. Hearing1592, 1593a, 1624. impaired individuals are advised that * * * * * information on this matter can be Section § 162.45 also issued under 19 obtained by contacting the U.S.C. 1607, 1608; Commission’s TDD terminal at 202– * * * * * 205–1810. General information I 2. The first sentence of paragraph (b)(1) concerning the Commission may also be of § 162.45 is amended by removing the obtained by accessing its Internet server (http://www.usitc.gov). monetary amount ‘‘$2,500’’ and adding ‘‘$5,000’’ in its place. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\22FER1.SGM 22FER1

Agencies

[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Rules and Regulations]
[Pages 8509-8510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3327]


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DEPARTMENT OF HOMELAND SECURITY

Customs and Border Protection

19 CFR Part 162

[CBP Dec. 05-02]
RIN 1651-AA48


Publication of Administrative Forfeiture Notices

AGENCY: Bureau of Customs and Border Protection, Homeland Security.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, a proposed amendment to 
the Bureau of Customs and Border Protection (CBP) Regulations published 
in the Federal Register on January 14, 2004, to raise the threshold 
value of seized property for which CBP must publish a forfeiture notice 
in a newspaper from $2,500 to $5,000. By changing the requirements for 
publication of administrative forfeiture notices, the amendment 
significantly reduces the publication costs incurred by CBP, which have 
often exceeded the value of seized property.

EFFECTIVE DATE: March 24, 2005.

FOR FURTHER INFORMATION CONTACT: Ricardo Scheller, Seizures & Penalties 
Branch, (202) 344-1095.

SUPPLEMENTARY INFORMATION:

Background

    Section 162.45 of the Customs and Border Protection (CBP) 
Regulations (19 CFR 162.45) sets forth the procedure that CBP must 
follow when it seizes and gives notice of intent to forfeit property 
under administrative forfeiture proceedings, as required by section 607 
of the Tariff Act of 1930, as amended (19 U.S.C. 1607). The statutory 
language

[[Page 8510]]

allows for administrative forfeiture when CBP seizes (1) a prohibited 
importation; (2) a transporting conveyance if used to import, export, 
transport or store a controlled substance or listed chemical; (3) any 
monetary instrument within the meaning of 31 U.S.C. 5312(a)(3); or (4) 
any conveyance, merchandise or baggage for which its value does not 
exceed $500,000.
    Specifically, Sec.  162.45(b), CBP Regulations, addresses 
publication of notices under administrative forfeiture proceedings. If 
the value of seized property exceeds $2,500, current paragraph (b)(1) 
requires publication of administrative forfeiture notices in a 
newspaper circulated at the Customs port and in the judicial district 
where the seizure occurred. All known parties-in-interest are notified 
of the newspaper and expected dates of publication of the notice.
    When the value of the seized property does not exceed $2,500, 
current paragraph (b)(2) of Sec.  162.45 allows CBP to publish a notice 
of seizure and intent to forfeit by posting it in a conspicuous place 
accessible to the public at the customhouse nearest the place of 
seizure.

Proposal

    On January 14, 2004, CBP published a document in the Federal 
Register (69 FR 2093) proposing to amend the CBP Regulations by 
changing the requirements for publication of administrative forfeiture 
notices in Sec.  162.45(b)(1) by raising the value threshold of 
property for which CBP must publish an administrative forfeiture notice 
in a newspaper from $2,500 to $5,000.
    Consequently, the applicability of paragraph (b)(2) would be 
automatically expanded to seizures of property valued at $5,000 or 
under, allowing CBP to publish the notice by posting it in a 
conspicuous place accessible to the public at the customhouse nearest 
the place of seizure.
    CBP had last changed the regulation in 1985, when it increased the 
dollar threshold from $250 to $2,500. Since then, inflation has often 
caused the costs of publication in large metropolitan areas to exceed 
$2,500. Thus, in many cases the publication costs can be prohibitive 
when compared to the value of the property advertised.

Adoption of Proposal as Final Rule

    Comments on the proposed amendment to the CBP Regulations were 
solicited. No comments were received during the public comment period, 
which closed on March 15, 2004. Upon further consideration of the 
matter, CBP has determined to adopt the proposal as published on 
January 14, 2004.

Regulatory Flexibility Act and Executive Order 12866

    The amendment is changing the dollar value threshold governing only 
the form of public notice, not its substance. Accordingly, CBP 
certifies that the amendment will not have a significant economic 
impact on a substantial number of small entities, pursuant to the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Accordingly, it is not subject to the regulatory analysis or other 
requirements of 5 U.S.C. 603 and 604.
    For the same reasons, this document does not meet the criteria for 
a ``significant regulatory action'' as specified in E.O. 12866.

Drafting Information

    The principal author of this document is Mr. Fernando Pena, Office 
of Regulations and Rulings, Customs and Border Protection. However, 
personnel from other Bureau offices participated in its development.

Signing Authority

    This regulation is being issued by CBP in accordance with 19 CFR 
0.1(b)(1).

List of Subjects in 19 CFR Part 162

    Administrative practice and procedure, Customs duties and 
inspection, Drug traffic control, Exports, Imports, Inspection, Law 
enforcement, Penalties, Prohibited merchandise, Restricted merchandise, 
Reporting and recordkeeping requirements, Search warrants, Seizures and 
forfeitures.

Amendment to the Regulations

0
For the reasons stated above, part 162 of the CBP Regulations (19 CFR 
part 162) is amended as follows.

PART 162--INSPECTION, SEARCH, AND SEIZURE

0
1. The general authority citation for part 162 and the specific 
authority citation for Sec.  162.45 continues to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624.
* * * * *
    Section Sec.  162.45 also issued under 19 U.S.C. 1607, 1608;
* * * * *

0
2. The first sentence of paragraph (b)(1) of Sec.  162.45 is amended by 
removing the monetary amount ``$2,500'' and adding ``$5,000'' in its 
place.

    Approved: February 16, 2005.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
[FR Doc. 05-3327 Filed 2-18-05; 8:45 am]
BILLING CODE 4820-02-P