Fees for Certain Services, 3730-3734 [07-335]
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8A918 Marine Boilers.
Control(s)
AT applies to entire entry ..
UN applies to entire entry
License Requirements
Reason for Control: RS, AT, UN.
Controls
RS applies to entire entry ..
AT applies to entire entry ..
UN applies to entire entry
AT Column 1.
Iraq, North
Korea, and
Rwanda.
Country chart
RS Column 2.
AT Column 1.
Iraq, North
Korea, and
Rwanda.
23. In Supplement No. 1 to part 774,
Category 9—‘‘Propulsion Systems,
Space Vehicles and Related Equipment’’
is amended by revising the ‘‘License
Requirements’’ section of ECCNs 9A018,
9A991, 9D018, and 9E018 to read as
follows:
9A018 Equipment on the Wassenaar
Arrangement Munitions List.
I
License Requirements
Reason for Control: NS, RS, AT, UN.
Control(s)
NS applies to entire entry ..
RS applies to 9A018.a and
b.
AT applies to entire entry ..
UN applies to entire entry
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9E018 ‘‘Technology’’ for the
‘‘development’’ of equipment
controlled by 9A018.
License Requirements
Reason for Control: NS, RS, AT, UN.
Control(s)
Country chart
NS applies to entire entry ..
RS applies to 9A018.a and
.b.
AT applies to entire entry ..
UN applies to entire entry
NS Column 1.
RS Column 2.
AT Column 1.
Iraq, North
Korea, and
Rwanda.
Dated: January 22, 2007.
Christopher A. Padilla,
Assistant Secretary for Export
Administration.
[FR Doc. E7–1180 Filed 1–25–07; 8:45 am]
BILLING CODE 3510–33–P
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Iraq, North
Korea, and
Rwanda.
DEPARTMENT OF HOMELAND
SECURITY
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9A991 ‘‘Aircraft’’, n.e.s., and gas
turbine engines not controlled by
9A001 or 9A101 and parts and
components, n.e.s.
Bureau of Customs and Border
Protection
License Requirements
Reason for Control: AT, UN.
19 CFR Parts 24 and 111
Control(s)
AT applies to entire entry ..
UN applies to 9A991.a ......
DEPARTMENT OF THE TREASURY
[USCBP–2006–0035; CBP Dec. 07–01]
Country chart
AT Column 1.
Iraq, North
Korea, and
Rwanda.
License Requirement Notes: There is no de
minimis level for foreign-made aircraft
described by this entry that incorporate
Commercial Standby Instrument Systems
(CSIS) that integrate QRS11–00100–100/101
Micromachined Angular Rate Sensors (see
§ 734.4(a) of the EAR).
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9D018 ‘‘Software’’ for the ‘‘use’’ of
equipment controlled by 9A018.
License Requirements
Reason for Control: NS, RS, AT, UN.
Control(s)
NS applies to entire entry ..
RS applies to 9A018.a and
.b.
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NS Column 1.
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Jkt 211001
RIN 1505–AB62
Fees for Certain Services
AGENCIES: Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
SUMMARY: This document amends the
rules dealing with customs financial
and accounting procedures by revising
the fees charged for certain customs
inspectional services under section
13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985, as
amended, and incorporates two
technical corrections to the existing fee
chart.
DATES: Final rule effective April 1, 2007.
FOR FURTHER INFORMATION CONTACT: For
information concerning user fee policy
and rates, contact Mr. Jerry Petty,
Director, Cost Management Division,
1300 Pennsylvania Avenue NW., Room
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4.5A, Washington, DC 20229.
Telephone: (202) 344–1317.
SUPPLEMENTARY INFORMATION:
Background
CBP collects fees to pay for the costs
incurred in providing customs services
in connection with certain activities
under the authority of section 13031 of
the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), as
amended, codified at section 19 U.S.C.
58c.
On October 22, 2004, the President
signed the American Jobs Creation Act
of 2004 (Pub. L. 108–357). Section 892
of the American Jobs Creation Act
amended 19 U.S.C. 58c to renew the
fees provided under COBRA, which
would have otherwise expired March 1,
2005, and to allow the Secretary of the
Treasury to increase such fees by an
amount not to exceed 10 percent in the
period beginning fiscal year 2006
through the period for which fees are
authorized by law. Regulations
concerning user fees, among other
customs revenue functions, are
promulgated under the authority of the
Secretary of the Treasury pursuant to
Treasury Department Order No. 100–16.
(See Appendix to 19 CFR Part 0).
On April 24, 2006, CBP published a
notice of proposed rulemaking in the
Federal Register (71 FR 20922)
proposing to amend the regulations in
accordance with the current statutory
provisions by increasing the fees for: (1)
Customs services provided in
connection with the arrival of certain
commercial vessels, commercial trucks,
railroad cars, private aircraft and private
vessels, passengers aboard commercial
aircraft and commercial vessels, and
barges or other bulk carrier arrivals, (2)
each item of dutiable mail for which a
customs officer prepares
documentation, and (3) annual customs
brokers permits. The comment period
ended on May 24, 2006.
Discussion of Comments
A total of six commenters responded
to the solicitation of comments on the
notice of proposed rulemaking. These
comments were received from the
recreational boating associations,
industry and travel agent products
services, carrier/vessel concerns, air
transport associations, and other
members of the general traveling and
importing public. The comments are
discussed below.
Comment: One commenter supported
the proposed fee increases as
appropriate to reflect the costs incurred
by the agency for services provided. The
commenter also suggested raising the
annual maximum fees and each of the
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annual fee caps by the maximum 10%
permitted by law.
CBP response: The COBRA, as
amended (Pub. L. 108–357, Section
892), does not authorize an increase in
annual fee caps. Therefore, the
suggestion to raise the annual maximum
fees and each of the annual fee caps
involves legislative policy issues. In the
absence of further legislative changes,
CBP is bound by the current statutory
provisions which do not provide the
legal basis to support such regulatory
changes suggested by the commenter.
Comment: One commenter suggested
that CBP establish an on-line ACE
(Automated Commercial Environment)
carrier account capable of tracking
among other things all CBP fees and
tonnage taxes as well as penalties issued
by CBP and the United States Coast
Guard to a vessel. The commenter also
suggested that the ACE account record
should be capable of displaying
accumulated fees charged to each vessel
regardless of which SCAC (Standard
Carrier Alpha Code) and carrier bond
were associated with those charges.
CBP response: This comment relates
to issues that are beyond the scope of
the proposed rulemaking.
Comment: An association
representing private vessel owners
stated its opposition to the increase in
the annual decal fee for private vessels
from $25.00 to $27.50, on the basis that
it is inherently unfair. The commenter
stated that while the annual decal fee
currently applies to vessels 30 feet in
length or greater, CBP must expend an
equal amount of time and expense on all
vessels crossing the border, not just
those 30 feet in length or greater. The
commenter suggested that if CBP retains
the annual decal fee of $25.00, but
removes the specific exemption for
private pleasure vessels of less than 30
feet in length, that this action would
generate far more revenue for CBP than
raising the annual decal fee only for
vessels 30 feet in length or greater to
$27.50.
CBP response: The specific exemption
for private pleasure vessels of less than
30 feet in length not carrying goods
required to be declared was included in
19 CFR 24.22(e), when it was
promulgated because CBP incurs no
processing costs in clearing private
pleasure vessels of less than 30 feet in
length not carrying goods required to be
declared. Pursuant to the amended
COBRA (Pub. L. 108–357, section 892),
and in relevant part, fees may be
charged in amounts that are reasonably
related to the costs of providing customs
services. CBP is not authorized to
collect a fee because the agency would
like to generate more revenue.
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Accordingly, we cannot implement the
commenter’s suggested course of action.
Comment: Two commenters stated
that the final rule should specify the
effective date of the user fee increase
applicable to commercial airline
passengers. One commenter suggested
the effective date should be no earlier
than 60 to 90 days after the final rule is
published, and two commenters
requested sufficient time to allow the
industry to adjust their systems to
collect the increased fee. One
commenter urged that the regulations be
amended to make clear and precise that
the proper amount of the user fee to be
collected from a passenger shall be the
amount of the fee in effect at the time
that a ticket is issued. One commenter
stated that the increased fee should
apply only to tickets issued on and after
the effective date, so that carriers do not
have to collect an additional fifty cents
for tickets already issued.
CBP response: We have specified that
the final rule’s effective date will be
more than 60 days after the date it is
published to permit industry to adjust
their systems to collect the increased fee
amounts.
In response to the commenter’s
concern about the proper amount of the
user fee to be collected, the statute sets
forth the general rule that the fee shall
be collected from the passenger by the
person who issues a transportation
document or ticket and that such
collection shall take place when the
document or ticket is issued. The
collection procedures in the regulations
at § 24.22(g)(4)(ii), state, in relevant part,
that the collection of the fees shall take
place when a through ticket or travel
document is issued.
Given this statutory and regulatory
specificity and clarity, amending the
regulations as this commenter suggests
is not necessary. The increased fee shall
apply prospectively, that is, only to
tickets issued on and after the effective
date of the fee increase. For example, if
a ticket has been issued prior to the
effective date of the increased fee rates,
and the flight does not take place until
after the effective date of the increased
fee rates, CBP is not authorized by law
to retroactively collect the fifty cents
from the carrier. As such, the date that
the ticket is issued is the relevant event
to which the effective date provision
applies.
Comment: One commenter stated that
the proposed rule to increase the
customs user fee paid by international
passengers arriving by commercial
aircraft from $5.00 to $5.50 did not
suggest that these passengers would
actually experience a more efficient and
pleasant clearance process upon arrival
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in the United States. The commenter
suggested that the number of CBP
officers at U.S. airports must be
increased to meet the demands of
increasing international traffic and
prevent passengers from waiting in long
lines in the inspection facilities.
CBP response: In FY 2005
approximately 73% of the total
collections in the COBRA user fee
account came from international air
passengers. These passengers stand to
benefit from the additional revenue
collected. CBP estimates that the
additional revenue will support the
following central priorities of increased
staffing of no less than 200 new CBP
Officer positions, and the funding of
overtime pay which will allow for more
targeting, enforcement, special
operations, and backfilling, where
necessary.
More officers on more shifts would
allow CBP to fully match staff-toworkload and address any workload
movement quickly, thereby meeting
CBP’s processing goals as well as
providing better service to passengers.
Comment: One commenter noted that
the Secretary of the Treasury is required
by statute to apply the funds generated
by the customs user fees to cover
specific costs. The commenter stated
that the statute allows the funds to be
used for the salaries of full-time and
part-time CBP officers only after five
other costs, such as overtime
compensation and premium pay, have
been met. The commenter stated
nothing in the proposed rule gives any
information about how the user fee
funds are allocated among the various
options and how they interrelate, e.g.,
could overtime compensation be
decreased in order to hire additional
full-time or part-time CBP officers at
airports.
CBP response: The statute specifically
stipulates the order of reimbursements
from the user fees collected for costs
incurred. First, the Secretary of the
Treasury shall directly reimburse from
the fees collected the amount paid for
the costs incurred by the Secretary in:
Paying overtime compensation,
premium pay, and agency contributions
to the Civil Service Retirement and
Disability Fund; providing all
preclearance services for which the
recipients of such services are not
required to reimburse the Secretary of
the Treasury; and paying foreign
language proficiency awards. To the
extent funds remain available,
reimbursements for costs incurred in
providing salaries for full-time and parttime inspectional personnel and
equipment that enhance customs
services for those persons or entities
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that are required to pay fees under
paragraphs (1) through (8) of subsection
(a) of 19 U.S.C. 58c are distributed on
a basis proportionate to the fees
collected under subsection (a)(1)
through (a)(8) of 19 U.S.C. 58c. To the
extent funds remain available,
reimbursements are made for costs
incurred in providing salaries for up to
50 full-time equivalent inspectional
positions to provide preclearance
services. See 19 U.S.C. 58c(f)(3)(A)(i)–
(iii). This is the allocation authorized by
the statute.
Fees collected under subsection (a) of
19 U.S.C. 58c, with two exceptions,
shall be deposited as offsetting receipts
into the Customs User Fee Account.
Section 13031(f) of the Consolidated
Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)) was amended by
section 892 of Pub. L. 108–357 to
specify that, except as otherwise
provided in the subsection, all funds in
the Customs User Fee Account shall be
available to pay the costs incurred by
CBP in conducting customs revenue
functions as defined in section 415 of
the Homeland Security Act of 2002
(other than functions performed by the
Office of International Affairs referred to
in section 415(8) of that Act), and for
automation (including the Automation
Commercial Environment computer
system), and for no other purpose.
Paragraph (f)(2) of 19 U.S.C. 58c also
states that so long as there is a surplus
of funds in the Customs User Fee
Account, the Secretary of the Treasury
may not reduce personnel staffing levels
for providing commercial clearance and
preclearance services.
Comment: One commenter stated it
was difficult to determine whether air
passengers paying the proposed
increases in customs user fees will
derive any benefits or whether the
proposed increases were justified
because the proposed rule does not
provide the types of costs included in
the chart showing the fiscal year 2004
obligations, and does not account for
savings from the consolidation of
certain agricultural, customs, and
immigration inspection functions into
CBP.
CBP response: The customs user fees
are authorized by statute. In Public Law
108–357, the Congress authorized the
Secretary of the Treasury to charge fees
in amounts that are reasonably related
to the costs of providing customs
services in connection with the activity
or item for which the fee is charged,
except that in no case may the fee
charged exceed by more than 10 percent
the amount otherwise prescribed. The
amounts of the proposed fees are
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reasonably related to the costs of
providing customs services.
The types of costs associated with
providing customs services include
salaries and benefits, overtime, rent,
supplies and equipment, training,
travel, utilities, and overhead. The
increased fees will support more CBP
officer positions at airports and new
technology and equipment. As a result,
air passengers will benefit from
enhanced and timely passenger
facilitation.
Regarding the question of whether the
proposed increases account for savings
from the consolidation of the
immigration, customs and agricultural
functions in aircraft passenger
processing, a CBP officer accounts for
time and costs spent performing these
services separately according to work
activity and function. The inspectional
services provided and the associated
costs are identified as legacy Customs,
legacy Immigration, and legacy
Agriculture functions, depending on
which legacy organization performed
each function.
While certain components of the
legacy agencies have been combined to
form CBP, the statutory and regulatory
authorities for those agencies and
associated functions have not been
consolidated. Therefore, all user fees are
collected in distinct accounts (Customs
User Fee Account, Immigration User Fee
Account, Land Border Inspection Fee
Account, etc.) and are only used to
cover costs based on function and
authorized by their respective
legislation. User fee program costs are
also segregated from all other costs.
Comment: Two commenters stated
that the immigration, customs, and
agriculture user fees should be
consolidated into a single user fee for
CBP inspection services provided to air
passengers. The commenters stated that
consolidation of the three inspectional
fees would provide for greater
efficiency. One commenter stated that
consolidation of the user fees would
result in more streamlined and
transparent accounting, and would
enable the agency to look at the cost of
an air passenger inspection in relation
to what an air passenger pays in user
fees.
CBP response: While certain
components of the legacy agencies have
been combined to form CBP, the
statutory and regulatory authorities for
these agencies and their associated
functions remain unchanged. The legacy
Customs user fee authority resides with
the Secretary of the Treasury. The
legacy INS user fee authority resides
with the Attorney General. The legacy
APHIS user fee authority resides with
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the Secretary of Agriculture. Presently,
CBP has no authority to consolidate user
fees. In the administration and
collection of user fees, CBP is bound by
current statutory law and must capture
user fee costs based on function, that is,
agriculture, customs, and immigration.
CBP receives only a portion of the total
user fees from the immigration and
agriculture user fee accounts. Since CBP
lacks the necessary authority to modify
the immigration and agriculture user
fees, a consolidated average cost of an
inspection is neither appropriate nor
possible at this time. However, CBP
recognizes the benefits of consolidation,
including streamlining the collection
process and improving the management
of the user fees. CBP is looking at
options to improve the structuring of
fees.
Comment: One commenter stated that
aviation security is a matter of national
security, a Federal Government
responsibility that should be funded
accordingly, and not by increasing user
fees.
CBP response: The user fees are for
the customs inspection and processing
of passengers as authorized by the
COBRA statute and the authority to
increase the fees is specifically provided
in law. Moreover, most aviation security
inspection is performed outside of the
context of these user fees.
Comment: One commenter stated that
the airline industry faces a
disproportionate and ever increasing tax
burden. The commenter stated that
implementation of this proposal would
clearly worsen this inequitable situation
and further stultify an airline’s ability to
serve the traveling and shipping public.
CBP response: While CBP
understands the concerns of the airline
industry, the authority to increase
inspection fees was specifically
provided in law two years ago, and this
increase is consistent with that statute.
Comment: One commenter stated that
the statement in the notice of proposed
rulemaking regarding the minimal
impact on business from the increase in
user fees since user fees come from
individual travelers, demonstrates a
basic misunderstanding of the realities
of contemporary airline economics. The
commenter stated that the intense
competition in the airline industry
forces carriers to absorb these taxes and
fees. The commenter stated that it is the
airline, and ultimately its employees
and shareholders, that principally bear
the burden of increased fees.
CBP response: CBP notes that under
the statute, entities issuing a document
or ticket are authorized to collect the
customs fee from an individual at the
time the document or ticket is issued.
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This regulation does not change the
method for collecting that fee, nor does
this rule establish a new class of fees; it
is only increasing the current fee
collected by a maximum of 10 percent.
Comment: One commenter stated that
it has repeatedly requested an analysis
of the actual average cost of an
inspection for airline passengers since
the consolidation of the three border
inspection agencies, Immigration and
Naturalization Service (INS), U.S.
Customs Service (Customs), and the
Animal and Plant Health Inspection
Service (APHIS) into CBP. The
commenter stated that among the
justifications for the consolidation were
greater efficiency, enhanced cost
savings, and a more coordinated
approach to the way in which
inspection user fees were levied. The
commenter stated that the proposed rule
provides no analytical information on
the cost of an inspection. The
commenter concluded that no fee
increase should be implemented absent
the cost information and an opportunity
to comment in response.
CBP response: The current fees
charged and collected for the provision
of customs services in connection with
the arrival of passengers aboard a
commercial vessel or commercial
aircraft are set by statute at 19 U.S.C.
58c. Public Law 108–357 authorizes the
Secretary of the Treasury to charge fees
in amounts that are reasonably related
to the costs of providing customs
services in connection with the activity
or item for which the fee is charged,
except that in no case may the fee
charged exceed by more than 10 percent
the amount otherwise authorized. CBP
has proposed to raise the customs user
fees for related customs inspectional
services based on costs and as
authorized by the statute. CBP has
analyzed the costs of providing customs
services and the fee collections for these
corresponding customs services, and
has published the collections received
and obligations incurred in Fiscal Year
2004, in the Federal Register (71 FR
20922) on April 24, 2006.
Comment: One commenter stated that
the collection of a $1.75 fee from
commercial vessel passengers (to be
raised by 10 percent in the proposed
rule to $1.93) for the exact same
inspection that airline passengers
experience, results in fee collections
from airline passengers that subsidize
the inspections of cruise ship
passengers. The commenter stated that
this inequity needed to be rectified.
CBP response: The current fees
charged and collected for the provision
of customs services in connection with
the arrival of passengers aboard a
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commercial vessel or commercial
aircraft are set by statute at 19 U.S.C.
58c. In fiscal year 2006, and in each
succeeding fiscal year for which fees are
authorized, Public Law 108–357
authorizes the Secretary of the Treasury
to charge fees in amounts that are
reasonably related to the costs of
providing customs services in
connection with the activity or item for
which the fee is charged, except that in
no case may the fee charged exceed by
more than 10 percent the amount
otherwise authorized. As the respective
fees are established by statute, this
comment is beyond the scope of this
rulemaking.
Conclusion of Comment Analysis
Based upon the analysis of the
comments as discussed above, CBP has
decided to adopt the proposed rule
published on April 24, 2006, without
change.
Additional Changes to the Regulations
In addition to the changes of the fee
amounts in the regulatory text of Parts
24 and 111, as proposed in the proposed
rulemaking published on April 24,
2006, the final regulations incorporate
two technical corrections to the fee
chart at 19 CFR 24.22(g)(2). The fee
chart was intended as a tool to help
readers understand the application of
the fee structure explained in the
regulatory text at 19 CFR 24.22(g)(1).
However, in two locations, the fee chart
did not accurately reflect the regulatory
text.
The fee chart is being corrected to
reflect the regulatory text at 19 CFR
24.22(g)(1)(i)(A) and (B). Paragraph
(g)(1)(i)(A) provides for the collection of
a fee for services provided in connection
with the arrival of passengers aboard
commercial aircraft from Canada,
Mexico, any territories and possessions
of the United States, and any adjacent
islands (‘‘Specified Location’’ (SL)),
when the journey of the arriving
passenger originates in a place outside
the United States other than an SL. The
chart is accordingly amended to state
that a fee is assessed in such a situation.
The chart is also amended to reflect the
language of paragraph (g)(1)(i)(B) that a
fee is assessed when the journey of the
arriving passenger from an SL originates
in the United States and includes travel
to a country other than to an SL.
The Regulatory Flexibility Act
This rule generally affects individuals
and large commercial carriers. The
increase in fees is 10 percent over the
amounts currently paid by users of the
customs services for which each fee is
charged. Accordingly, CBP certifies that
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this final rule will not have a significant
impact on a substantial number of small
entities because the majority of fees will
come from individual travelers into the
United States. Therefore, it is not
subject to the analysis provisions of the
Regulatory Flexibility Act, as amended
(5 U.S.C. 601 et seq.). The American
Jobs Creation Act specifically provides
that the Secretary of the Treasury shall
charge fees that are reasonably related to
these activities.
Executive Order 12866
This rule does not meet the criteria for
a ‘‘significant regulatory action’’ as
specified in E.O. 12866. Accordingly, a
regulatory impact analysis is not
required.
Signing Authority
This document is being issued in
accordance with § 0.1(a) of Chapter I of
Title 19, Code of Federal Regulations
(19 CFR 0.1) pertaining to the exercise
of authority to approve regulations in 19
CFR chapter I.
List of Subjects
19 CFR Part 24
Accounting, Claims, Customs duties
and inspection, Fees, Financial and
accounting procedures, Imports, Taxes,
User fees.
19 CFR Part 111
Administrative practice and
procedure, Brokers, Customs duties and
inspection, Imports, Licensing.
Amendments to the Regulations
For the reasons set forth above, parts
24 and 111 of the Customs and Border
Protection Regulations (19 CFR parts 24
and 111) are amended as follows:
I
PART 24—CUSTOMS FINANCIAL AND
ACCOUNTING PROCEDURE
1. The authority citation for part 24
continues to read in part as follows:
I
Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c,
66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C.
9701; Public Law 107–296, 116 Stat. 2135 (6
U.S.C. 1 et seq.).
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2. Amend § 24.22 as follows:
a. In paragraph (b)(1)(i), the figure
‘‘$397’’ is removed and, in its place, the
figure ‘‘$437’’ is added.
I b. In paragraph (b)(2)(i), the figure
‘‘$100’’ is removed and, in its place, the
figure ‘‘$110’’ is added.
I c. In paragraph (c)(1), the figure ‘‘$5’’
is removed and, in its place, the figure
‘‘$5.50’’ is added.
I
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d. In paragraph (d)(1), the figure
‘‘$7.50’’ is removed and, in its place, the
figure ‘‘$8.25’’ is added.
I e. In paragraph (e)(1), the figure ‘‘$25’’
is removed and, in its place, the figure
‘‘$27.50’’ is added.
I f. In paragraph (e)(2), the figure ‘‘$25’’
is removed and, in its place, the figure
‘‘$27.50’’ is added.
I g. In paragraph (f), the figure ‘‘$5’’ is
removed and, in its place, the figure
‘‘$5.50’’ is added.
I
h. In paragraph (g)(1)(i), the figure
‘‘$5’’ is removed and, in its place, the
figure ‘‘$5.50’’ is added.
I i. In paragraph (g)(1)(ii), the figure
‘‘$1.75’’ is removed and, in its place, the
figure ‘‘$1.93’’ is added.
I j. In paragraph (g)(2), the table is
revised to read as set forth below.
I k. In paragraph (g)(5)(v), the figure
‘‘$5’’ is removed and, in its place, the
figure ‘‘$5.50’’ is added; and, the figure
‘‘$1.75’’ is removed and, in its place, the
figure ‘‘$1.93’’ is added.
I
l. In paragraph (i)(7), the figure ‘‘$5’’
is removed and, in its place, the figure
‘‘$5.50’’ is added.
I m. In paragraph (i)(8), the figure
‘‘$1.75’’ is removed and, in its place, the
figure ‘‘$1.93’’ is added.
The revision reads as follows:
I
§ 24.22
*
Fees for certain services.
*
*
(g) * * *
(2) * * *
Fee status for arrival from SL
Place where journey originates (see (g)(1)(iv))
Vessel
SL ............................................................................................................................
Other than SL or U.S. .............................................................................................
U.S.* ........................................................................................................................
U.S.** .......................................................................................................................
*
*
*
*
*
ACTION:
PART 111—CUSTOMS BROKERS
3. The authority citation for part 111
continues to read in part as follows:
I
Authority: 19 U.S.C. 66, 1202, (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1624, 1641.
*
*
*
*
*
Section 111.96 also issued under 19 U.S.C.
58c; 31 U.S.C. 9701.
4. Section 111.19 is amended in
paragraph (c) by removing all the figures
reading ‘‘$125’’ and adding in their
place the figure ‘‘$138’’.
I 5. Section 111.96 is amended in
paragraph (c) by removing all the figures
reading ‘‘$125’’ and adding in their
place the figure ‘‘$138’’.
I
SUMMARY: This document contains
correction to final regulations (TD 9276)
that were published in the Federal
Register on Tuesday, July 25, 2006 (71
FR 42049), amending the regulations
that provide for determining the amount
of income tax withholding on
supplemental wages. These regulations
apply to all employers and others
making supplemental wage payments to
employees.
The correction is effective
January 1, 2007.
DATES:
FOR FURTHER INFORMATION CONTACT:
A.G. Kelley, (202) 622–6040 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
Deborah J. Spero,
Acting Commissioner, Bureau of Customs and
Border Protection.
Approved: January 23, 2007.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07–335 Filed 1–25–07; 8:45 am]
Background
BILLING CODE 9114–14–P
DEPARTMENT OF THE TREASURY
As published, final regulations (TD
9276) contain an error that may prove to
be misleading and is in need of
clarification.
Internal Revenue Service
List of Subjects in 26 CFR Part 31
mstockstill on PROD1PC62 with RULES
[TD 9276]
RIN 1545–BD96
Jkt 211001
No fee .........
$5.50 ...........
No fee .........
$5.50 ...........
No fee .........
$5.50 ...........
N/A ..............
$5.50 ...........
Frm 00030
Fmt 4700
Sfmt 4700
No fee.
$5.50.
N/A.
$5.50.
Paragraph 1. The authority citation
for part 31 continues to read, in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
I Par. 2. Section 31.3402(g)–1(a)(8) is
amended by revising the last sentence of
Example 3 paragraph (iv). The revision
reads as follows:
§ 31.3402(g)–1
payments.
Supplemental wage
(a) * * *
(8) * * *
Example 3. * * *
(iv) * * * If R elects to use optional
flat rate withholding provided under
paragraph (a)(7)(iii)(F) of this section,
withholding would be calculated at 25
percent of the $1,000,000 portion of the
payment and would be $250,000.
*
*
*
*
*
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E7–1051 Filed 1–25–07; 8:45 am]
BILLING CODE 4830–01–P
Accordingly, 26 CFR part 31 is
corrected by making the following
correcting amendment:
PO 00000
Aircraft
PART 31—EMPLOYMENT TAXES AND
COLLECTION OF INCOME TAX AT
SOURCE
I
Internal Revenue Service (IRS),
Treasury.
AGENCY:
Fee status for arrival from
other than SL
Vessel
Correction of Publication
Flat Rate Supplemental Wage
Withholding; Correction
15:24 Jan 25, 2007
Need for Correction
Employment taxes, Income taxes,
Penalties, Pensions, Railroad retirement,
Reporting and recordkeeping
requirements, Social Security,
Unemployment compensation.
26 CFR Part 31
VerDate Aug<31>2005
The final regulations that are the
subject of this correction are under
sections 3401 and 3402 of the Internal
Revenue Code.
*
Aircraft
$1.93
1.93
1.93
1.93
Correcting amendment.
*
E:\FR\FM\26JAR1.SGM
26JAR1
Agencies
[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3730-3734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-335]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 24 and 111
[USCBP-2006-0035; CBP Dec. 07-01]
RIN 1505-AB62
Fees for Certain Services
AGENCIES: Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the rules dealing with customs financial
and accounting procedures by revising the fees charged for certain
customs inspectional services under section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985, as amended, and incorporates
two technical corrections to the existing fee chart.
DATES: Final rule effective April 1, 2007.
FOR FURTHER INFORMATION CONTACT: For information concerning user fee
policy and rates, contact Mr. Jerry Petty, Director, Cost Management
Division, 1300 Pennsylvania Avenue NW., Room 4.5A, Washington, DC
20229. Telephone: (202) 344-1317.
SUPPLEMENTARY INFORMATION:
Background
CBP collects fees to pay for the costs incurred in providing
customs services in connection with certain activities under the
authority of section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), as amended, codified at section 19
U.S.C. 58c.
On October 22, 2004, the President signed the American Jobs
Creation Act of 2004 (Pub. L. 108-357). Section 892 of the American
Jobs Creation Act amended 19 U.S.C. 58c to renew the fees provided
under COBRA, which would have otherwise expired March 1, 2005, and to
allow the Secretary of the Treasury to increase such fees by an amount
not to exceed 10 percent in the period beginning fiscal year 2006
through the period for which fees are authorized by law. Regulations
concerning user fees, among other customs revenue functions, are
promulgated under the authority of the Secretary of the Treasury
pursuant to Treasury Department Order No. 100-16. (See Appendix to 19
CFR Part 0).
On April 24, 2006, CBP published a notice of proposed rulemaking in
the Federal Register (71 FR 20922) proposing to amend the regulations
in accordance with the current statutory provisions by increasing the
fees for: (1) Customs services provided in connection with the arrival
of certain commercial vessels, commercial trucks, railroad cars,
private aircraft and private vessels, passengers aboard commercial
aircraft and commercial vessels, and barges or other bulk carrier
arrivals, (2) each item of dutiable mail for which a customs officer
prepares documentation, and (3) annual customs brokers permits. The
comment period ended on May 24, 2006.
Discussion of Comments
A total of six commenters responded to the solicitation of comments
on the notice of proposed rulemaking. These comments were received from
the recreational boating associations, industry and travel agent
products services, carrier/vessel concerns, air transport associations,
and other members of the general traveling and importing public. The
comments are discussed below.
Comment: One commenter supported the proposed fee increases as
appropriate to reflect the costs incurred by the agency for services
provided. The commenter also suggested raising the annual maximum fees
and each of the
[[Page 3731]]
annual fee caps by the maximum 10% permitted by law.
CBP response: The COBRA, as amended (Pub. L. 108-357, Section 892),
does not authorize an increase in annual fee caps. Therefore, the
suggestion to raise the annual maximum fees and each of the annual fee
caps involves legislative policy issues. In the absence of further
legislative changes, CBP is bound by the current statutory provisions
which do not provide the legal basis to support such regulatory changes
suggested by the commenter.
Comment: One commenter suggested that CBP establish an on-line ACE
(Automated Commercial Environment) carrier account capable of tracking
among other things all CBP fees and tonnage taxes as well as penalties
issued by CBP and the United States Coast Guard to a vessel. The
commenter also suggested that the ACE account record should be capable
of displaying accumulated fees charged to each vessel regardless of
which SCAC (Standard Carrier Alpha Code) and carrier bond were
associated with those charges.
CBP response: This comment relates to issues that are beyond the
scope of the proposed rulemaking.
Comment: An association representing private vessel owners stated
its opposition to the increase in the annual decal fee for private
vessels from $25.00 to $27.50, on the basis that it is inherently
unfair. The commenter stated that while the annual decal fee currently
applies to vessels 30 feet in length or greater, CBP must expend an
equal amount of time and expense on all vessels crossing the border,
not just those 30 feet in length or greater. The commenter suggested
that if CBP retains the annual decal fee of $25.00, but removes the
specific exemption for private pleasure vessels of less than 30 feet in
length, that this action would generate far more revenue for CBP than
raising the annual decal fee only for vessels 30 feet in length or
greater to $27.50.
CBP response: The specific exemption for private pleasure vessels
of less than 30 feet in length not carrying goods required to be
declared was included in 19 CFR 24.22(e), when it was promulgated
because CBP incurs no processing costs in clearing private pleasure
vessels of less than 30 feet in length not carrying goods required to
be declared. Pursuant to the amended COBRA (Pub. L. 108-357, section
892), and in relevant part, fees may be charged in amounts that are
reasonably related to the costs of providing customs services. CBP is
not authorized to collect a fee because the agency would like to
generate more revenue. Accordingly, we cannot implement the commenter's
suggested course of action.
Comment: Two commenters stated that the final rule should specify
the effective date of the user fee increase applicable to commercial
airline passengers. One commenter suggested the effective date should
be no earlier than 60 to 90 days after the final rule is published, and
two commenters requested sufficient time to allow the industry to
adjust their systems to collect the increased fee. One commenter urged
that the regulations be amended to make clear and precise that the
proper amount of the user fee to be collected from a passenger shall be
the amount of the fee in effect at the time that a ticket is issued.
One commenter stated that the increased fee should apply only to
tickets issued on and after the effective date, so that carriers do not
have to collect an additional fifty cents for tickets already issued.
CBP response: We have specified that the final rule's effective
date will be more than 60 days after the date it is published to permit
industry to adjust their systems to collect the increased fee amounts.
In response to the commenter's concern about the proper amount of
the user fee to be collected, the statute sets forth the general rule
that the fee shall be collected from the passenger by the person who
issues a transportation document or ticket and that such collection
shall take place when the document or ticket is issued. The collection
procedures in the regulations at Sec. 24.22(g)(4)(ii), state, in
relevant part, that the collection of the fees shall take place when a
through ticket or travel document is issued.
Given this statutory and regulatory specificity and clarity,
amending the regulations as this commenter suggests is not necessary.
The increased fee shall apply prospectively, that is, only to tickets
issued on and after the effective date of the fee increase. For
example, if a ticket has been issued prior to the effective date of the
increased fee rates, and the flight does not take place until after the
effective date of the increased fee rates, CBP is not authorized by law
to retroactively collect the fifty cents from the carrier. As such, the
date that the ticket is issued is the relevant event to which the
effective date provision applies.
Comment: One commenter stated that the proposed rule to increase
the customs user fee paid by international passengers arriving by
commercial aircraft from $5.00 to $5.50 did not suggest that these
passengers would actually experience a more efficient and pleasant
clearance process upon arrival in the United States. The commenter
suggested that the number of CBP officers at U.S. airports must be
increased to meet the demands of increasing international traffic and
prevent passengers from waiting in long lines in the inspection
facilities.
CBP response: In FY 2005 approximately 73% of the total collections
in the COBRA user fee account came from international air passengers.
These passengers stand to benefit from the additional revenue
collected. CBP estimates that the additional revenue will support the
following central priorities of increased staffing of no less than 200
new CBP Officer positions, and the funding of overtime pay which will
allow for more targeting, enforcement, special operations, and
backfilling, where necessary.
More officers on more shifts would allow CBP to fully match staff-
to-workload and address any workload movement quickly, thereby meeting
CBP's processing goals as well as providing better service to
passengers.
Comment: One commenter noted that the Secretary of the Treasury is
required by statute to apply the funds generated by the customs user
fees to cover specific costs. The commenter stated that the statute
allows the funds to be used for the salaries of full-time and part-time
CBP officers only after five other costs, such as overtime compensation
and premium pay, have been met. The commenter stated nothing in the
proposed rule gives any information about how the user fee funds are
allocated among the various options and how they interrelate, e.g.,
could overtime compensation be decreased in order to hire additional
full-time or part-time CBP officers at airports.
CBP response: The statute specifically stipulates the order of
reimbursements from the user fees collected for costs incurred. First,
the Secretary of the Treasury shall directly reimburse from the fees
collected the amount paid for the costs incurred by the Secretary in:
Paying overtime compensation, premium pay, and agency contributions to
the Civil Service Retirement and Disability Fund; providing all
preclearance services for which the recipients of such services are not
required to reimburse the Secretary of the Treasury; and paying foreign
language proficiency awards. To the extent funds remain available,
reimbursements for costs incurred in providing salaries for full-time
and part-time inspectional personnel and equipment that enhance customs
services for those persons or entities
[[Page 3732]]
that are required to pay fees under paragraphs (1) through (8) of
subsection (a) of 19 U.S.C. 58c are distributed on a basis
proportionate to the fees collected under subsection (a)(1) through
(a)(8) of 19 U.S.C. 58c. To the extent funds remain available,
reimbursements are made for costs incurred in providing salaries for up
to 50 full-time equivalent inspectional positions to provide
preclearance services. See 19 U.S.C. 58c(f)(3)(A)(i)-(iii). This is the
allocation authorized by the statute.
Fees collected under subsection (a) of 19 U.S.C. 58c, with two
exceptions, shall be deposited as offsetting receipts into the Customs
User Fee Account. Section 13031(f) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) was amended by section
892 of Pub. L. 108-357 to specify that, except as otherwise provided in
the subsection, all funds in the Customs User Fee Account shall be
available to pay the costs incurred by CBP in conducting customs
revenue functions as defined in section 415 of the Homeland Security
Act of 2002 (other than functions performed by the Office of
International Affairs referred to in section 415(8) of that Act), and
for automation (including the Automation Commercial Environment
computer system), and for no other purpose. Paragraph (f)(2) of 19
U.S.C. 58c also states that so long as there is a surplus of funds in
the Customs User Fee Account, the Secretary of the Treasury may not
reduce personnel staffing levels for providing commercial clearance and
preclearance services.
Comment: One commenter stated it was difficult to determine whether
air passengers paying the proposed increases in customs user fees will
derive any benefits or whether the proposed increases were justified
because the proposed rule does not provide the types of costs included
in the chart showing the fiscal year 2004 obligations, and does not
account for savings from the consolidation of certain agricultural,
customs, and immigration inspection functions into CBP.
CBP response: The customs user fees are authorized by statute. In
Public Law 108-357, the Congress authorized the Secretary of the
Treasury to charge fees in amounts that are reasonably related to the
costs of providing customs services in connection with the activity or
item for which the fee is charged, except that in no case may the fee
charged exceed by more than 10 percent the amount otherwise prescribed.
The amounts of the proposed fees are reasonably related to the costs of
providing customs services.
The types of costs associated with providing customs services
include salaries and benefits, overtime, rent, supplies and equipment,
training, travel, utilities, and overhead. The increased fees will
support more CBP officer positions at airports and new technology and
equipment. As a result, air passengers will benefit from enhanced and
timely passenger facilitation.
Regarding the question of whether the proposed increases account
for savings from the consolidation of the immigration, customs and
agricultural functions in aircraft passenger processing, a CBP officer
accounts for time and costs spent performing these services separately
according to work activity and function. The inspectional services
provided and the associated costs are identified as legacy Customs,
legacy Immigration, and legacy Agriculture functions, depending on
which legacy organization performed each function.
While certain components of the legacy agencies have been combined
to form CBP, the statutory and regulatory authorities for those
agencies and associated functions have not been consolidated.
Therefore, all user fees are collected in distinct accounts (Customs
User Fee Account, Immigration User Fee Account, Land Border Inspection
Fee Account, etc.) and are only used to cover costs based on function
and authorized by their respective legislation. User fee program costs
are also segregated from all other costs.
Comment: Two commenters stated that the immigration, customs, and
agriculture user fees should be consolidated into a single user fee for
CBP inspection services provided to air passengers. The commenters
stated that consolidation of the three inspectional fees would provide
for greater efficiency. One commenter stated that consolidation of the
user fees would result in more streamlined and transparent accounting,
and would enable the agency to look at the cost of an air passenger
inspection in relation to what an air passenger pays in user fees.
CBP response: While certain components of the legacy agencies have
been combined to form CBP, the statutory and regulatory authorities for
these agencies and their associated functions remain unchanged. The
legacy Customs user fee authority resides with the Secretary of the
Treasury. The legacy INS user fee authority resides with the Attorney
General. The legacy APHIS user fee authority resides with the Secretary
of Agriculture. Presently, CBP has no authority to consolidate user
fees. In the administration and collection of user fees, CBP is bound
by current statutory law and must capture user fee costs based on
function, that is, agriculture, customs, and immigration. CBP receives
only a portion of the total user fees from the immigration and
agriculture user fee accounts. Since CBP lacks the necessary authority
to modify the immigration and agriculture user fees, a consolidated
average cost of an inspection is neither appropriate nor possible at
this time. However, CBP recognizes the benefits of consolidation,
including streamlining the collection process and improving the
management of the user fees. CBP is looking at options to improve the
structuring of fees.
Comment: One commenter stated that aviation security is a matter of
national security, a Federal Government responsibility that should be
funded accordingly, and not by increasing user fees.
CBP response: The user fees are for the customs inspection and
processing of passengers as authorized by the COBRA statute and the
authority to increase the fees is specifically provided in law.
Moreover, most aviation security inspection is performed outside of the
context of these user fees.
Comment: One commenter stated that the airline industry faces a
disproportionate and ever increasing tax burden. The commenter stated
that implementation of this proposal would clearly worsen this
inequitable situation and further stultify an airline's ability to
serve the traveling and shipping public.
CBP response: While CBP understands the concerns of the airline
industry, the authority to increase inspection fees was specifically
provided in law two years ago, and this increase is consistent with
that statute.
Comment: One commenter stated that the statement in the notice of
proposed rulemaking regarding the minimal impact on business from the
increase in user fees since user fees come from individual travelers,
demonstrates a basic misunderstanding of the realities of contemporary
airline economics. The commenter stated that the intense competition in
the airline industry forces carriers to absorb these taxes and fees.
The commenter stated that it is the airline, and ultimately its
employees and shareholders, that principally bear the burden of
increased fees.
CBP response: CBP notes that under the statute, entities issuing a
document or ticket are authorized to collect the customs fee from an
individual at the time the document or ticket is issued.
[[Page 3733]]
This regulation does not change the method for collecting that fee, nor
does this rule establish a new class of fees; it is only increasing the
current fee collected by a maximum of 10 percent.
Comment: One commenter stated that it has repeatedly requested an
analysis of the actual average cost of an inspection for airline
passengers since the consolidation of the three border inspection
agencies, Immigration and Naturalization Service (INS), U.S. Customs
Service (Customs), and the Animal and Plant Health Inspection Service
(APHIS) into CBP. The commenter stated that among the justifications
for the consolidation were greater efficiency, enhanced cost savings,
and a more coordinated approach to the way in which inspection user
fees were levied. The commenter stated that the proposed rule provides
no analytical information on the cost of an inspection. The commenter
concluded that no fee increase should be implemented absent the cost
information and an opportunity to comment in response.
CBP response: The current fees charged and collected for the
provision of customs services in connection with the arrival of
passengers aboard a commercial vessel or commercial aircraft are set by
statute at 19 U.S.C. 58c. Public Law 108-357 authorizes the Secretary
of the Treasury to charge fees in amounts that are reasonably related
to the costs of providing customs services in connection with the
activity or item for which the fee is charged, except that in no case
may the fee charged exceed by more than 10 percent the amount otherwise
authorized. CBP has proposed to raise the customs user fees for related
customs inspectional services based on costs and as authorized by the
statute. CBP has analyzed the costs of providing customs services and
the fee collections for these corresponding customs services, and has
published the collections received and obligations incurred in Fiscal
Year 2004, in the Federal Register (71 FR 20922) on April 24, 2006.
Comment: One commenter stated that the collection of a $1.75 fee
from commercial vessel passengers (to be raised by 10 percent in the
proposed rule to $1.93) for the exact same inspection that airline
passengers experience, results in fee collections from airline
passengers that subsidize the inspections of cruise ship passengers.
The commenter stated that this inequity needed to be rectified.
CBP response: The current fees charged and collected for the
provision of customs services in connection with the arrival of
passengers aboard a commercial vessel or commercial aircraft are set by
statute at 19 U.S.C. 58c. In fiscal year 2006, and in each succeeding
fiscal year for which fees are authorized, Public Law 108-357
authorizes the Secretary of the Treasury to charge fees in amounts that
are reasonably related to the costs of providing customs services in
connection with the activity or item for which the fee is charged,
except that in no case may the fee charged exceed by more than 10
percent the amount otherwise authorized. As the respective fees are
established by statute, this comment is beyond the scope of this
rulemaking.
Conclusion of Comment Analysis
Based upon the analysis of the comments as discussed above, CBP has
decided to adopt the proposed rule published on April 24, 2006, without
change.
Additional Changes to the Regulations
In addition to the changes of the fee amounts in the regulatory
text of Parts 24 and 111, as proposed in the proposed rulemaking
published on April 24, 2006, the final regulations incorporate two
technical corrections to the fee chart at 19 CFR 24.22(g)(2). The fee
chart was intended as a tool to help readers understand the application
of the fee structure explained in the regulatory text at 19 CFR
24.22(g)(1). However, in two locations, the fee chart did not
accurately reflect the regulatory text.
The fee chart is being corrected to reflect the regulatory text at
19 CFR 24.22(g)(1)(i)(A) and (B). Paragraph (g)(1)(i)(A) provides for
the collection of a fee for services provided in connection with the
arrival of passengers aboard commercial aircraft from Canada, Mexico,
any territories and possessions of the United States, and any adjacent
islands (``Specified Location'' (SL)), when the journey of the arriving
passenger originates in a place outside the United States other than an
SL. The chart is accordingly amended to state that a fee is assessed in
such a situation. The chart is also amended to reflect the language of
paragraph (g)(1)(i)(B) that a fee is assessed when the journey of the
arriving passenger from an SL originates in the United States and
includes travel to a country other than to an SL.
The Regulatory Flexibility Act
This rule generally affects individuals and large commercial
carriers. The increase in fees is 10 percent over the amounts currently
paid by users of the customs services for which each fee is charged.
Accordingly, CBP certifies that this final rule will not have a
significant impact on a substantial number of small entities because
the majority of fees will come from individual travelers into the
United States. Therefore, it is not subject to the analysis provisions
of the Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.).
The American Jobs Creation Act specifically provides that the Secretary
of the Treasury shall charge fees that are reasonably related to these
activities.
Executive Order 12866
This rule does not meet the criteria for a ``significant regulatory
action'' as specified in E.O. 12866. Accordingly, a regulatory impact
analysis is not required.
Signing Authority
This document is being issued in accordance with Sec. 0.1(a) of
Chapter I of Title 19, Code of Federal Regulations (19 CFR 0.1)
pertaining to the exercise of authority to approve regulations in 19
CFR chapter I.
List of Subjects
19 CFR Part 24
Accounting, Claims, Customs duties and inspection, Fees, Financial
and accounting procedures, Imports, Taxes, User fees.
19 CFR Part 111
Administrative practice and procedure, Brokers, Customs duties and
inspection, Imports, Licensing.
Amendments to the Regulations
0
For the reasons set forth above, parts 24 and 111 of the Customs and
Border Protection Regulations (19 CFR parts 24 and 111) are amended as
follows:
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
0
1. The authority citation for part 24 continues to read in part as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
* * * * *
0
2. Amend Sec. 24.22 as follows:
0
a. In paragraph (b)(1)(i), the figure ``$397'' is removed and, in its
place, the figure ``$437'' is added.
0
b. In paragraph (b)(2)(i), the figure ``$100'' is removed and, in its
place, the figure ``$110'' is added.
0
c. In paragraph (c)(1), the figure ``$5'' is removed and, in its place,
the figure ``$5.50'' is added.
[[Page 3734]]
0
d. In paragraph (d)(1), the figure ``$7.50'' is removed and, in its
place, the figure ``$8.25'' is added.
0
e. In paragraph (e)(1), the figure ``$25'' is removed and, in its
place, the figure ``$27.50'' is added.
0
f. In paragraph (e)(2), the figure ``$25'' is removed and, in its
place, the figure ``$27.50'' is added.
0
g. In paragraph (f), the figure ``$5'' is removed and, in its place,
the figure ``$5.50'' is added.
0
h. In paragraph (g)(1)(i), the figure ``$5'' is removed and, in its
place, the figure ``$5.50'' is added.
0
i. In paragraph (g)(1)(ii), the figure ``$1.75'' is removed and, in its
place, the figure ``$1.93'' is added.
0
j. In paragraph (g)(2), the table is revised to read as set forth
below.
0
k. In paragraph (g)(5)(v), the figure ``$5'' is removed and, in its
place, the figure ``$5.50'' is added; and, the figure ``$1.75'' is
removed and, in its place, the figure ``$1.93'' is added.
0
l. In paragraph (i)(7), the figure ``$5'' is removed and, in its place,
the figure ``$5.50'' is added.
0
m. In paragraph (i)(8), the figure ``$1.75'' is removed and, in its
place, the figure ``$1.93'' is added.
The revision reads as follows:
Sec. 24.22 Fees for certain services.
* * * * *
(g) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Fee status for arrival from SL Fee status for arrival from other than
Place where journey originates -------------------------------------- SL
(see (g)(1)(iv)) -----------------------------------------
Vessel Aircraft Vessel Aircraft
----------------------------------------------------------------------------------------------------------------
SL.............................. $1.93 No fee.............. No fee............. No fee.
Other than SL or U.S............ 1.93 $5.50............... $5.50.............. $5.50.
U.S.*........................... 1.93 No fee.............. N/A................ N/A.
U.S.**.......................... 1.93 $5.50............... $5.50.............. $5.50.
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 111--CUSTOMS BROKERS
0
3. The authority citation for part 111 continues to read in part as
follows:
Authority: 19 U.S.C. 66, 1202, (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1624, 1641.
* * * * *
Section 111.96 also issued under 19 U.S.C. 58c; 31 U.S.C. 9701.
0
4. Section 111.19 is amended in paragraph (c) by removing all the
figures reading ``$125'' and adding in their place the figure ``$138''.
0
5. Section 111.96 is amended in paragraph (c) by removing all the
figures reading ``$125'' and adding in their place the figure ``$138''.
Deborah J. Spero,
Acting Commissioner, Bureau of Customs and Border Protection.
Approved: January 23, 2007.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 07-335 Filed 1-25-07; 8:45 am]
BILLING CODE 9114-14-P