Intent To Request Renewal From OMB of One Current Public Collection of Information: Air Cargo Security Requirements, 58969-58970 [E9-27349]

Download as PDF Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA–2004–19515] Intent To Request Renewal From OMB of One Current Public Collection of Information: Air Cargo Security Requirements mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Transportation Security Administration, DHS. ACTION: 60-day Notice. SUMMARY: The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), OMB control number 1652–0040, abstracted below that we will submit to the Office of Management and Budget (OMB) for renewal in compliance with the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. The collections of information that make up this ICR involve five broad categories affecting airports, passenger aircraft operators, foreign air carriers, indirect air carriers operating under a security program, and all-cargo carriers: security programs, security threat assessments (STA), known shipper data via the Known Shipper Management System (KSMS), cargo screening reporting, and evidence of compliance recordkeeping. TSA seeks continued OMB approval in order to secure passenger aircraft carrying cargo as authorized in the Aviation and Transportation Security Act, and to meet the screening requirements for cargo transported on passenger aircraft within the deadlines established in the Implementing Recommendations of the 9/11 Commission Act of 2007. DATES: Send your comments by January 15, 2010. ADDRESSES: Comments may be e-mailed to TSAPRA@dhs.gov or delivered to the TSA Paperwork Reduction Act (PRA) Officer, Office of Information Technology (OIT), TSA–40, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6040. FOR FURTHER INFORMATION CONTACT: Please e-mail TSA.PRA@dhs.gov with questions or comments. SUPPLEMENTARY INFORMATION: Comments Invited In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 unless it displays a valid OMB control number. The ICR documentation is available at http://www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to— (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Information Collection Requirement OMB Control Number 1652–0040 Air Cargo Security requirements, 49 CFR parts 1540, 1542, 1544, 1546, and 1548. TSA is seeking renewal of an expiring collection of information. Congress set forth in the Aviation and Transportation Security Act (ATSA), Public Law 107– 71, two specific requirements for TSA in the area of air cargo security: (1) To provide for screening of all property, including U.S. mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft; and (2) to establish a system to screen, inspect, report, or otherwise ensure the security of all cargo that is to be transported in all-cargo aircraft as soon as practicable. In the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110–53, Congress requires that 50 percent of cargo transported on passenger aircraft be screened by February 2009, and 100 percent of such cargo be screened by August 2010. While aviation security requirements have greatly reduced the vulnerability of the air cargo system, TSA, in cooperation with industry stakeholders, identified additional gaps in the existing cargo security requirements that must be filled to reduce the likelihood of cargo tampering or unauthorized access to the aircraft with malicious intent. TSA must proceed with this ICR for this program in order to meet the Congressional mandates and current regulations (49 CFR 1542.209, 1544.205, 1546.205, and part 1548) that enable them to accept, screen, and transport air cargo. The uninterrupted collection of this information will allow TSA to continue to ensure implementation of these vital PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 58969 security measures for the protection of the traveling public. Data Collection This information collection requires the ‘‘regulated entities,’’ who may include passenger and all-cargo aircraft operators, foreign air carriers, and indirect air carriers (IACs), to implement a standard security program or to submit modifications to TSA for approval, and update such programs as necessary. The regulated entities must also collect personal information and submit such information to TSA so that TSA may conduct security threat assessments (STA) for individuals with unescorted access to cargo. This includes each individual who is a general partner, officer or director of an IAC or an applicant to be an IAC, and certain owners of an IAC or an applicant to be an IAC; and any individual who has responsibility for screening cargo under 49 CFR parts 1544, 1546, or 1548. Aircraft operators and foreign air carriers must report the volume of accepted and screened cargo transported on passenger aircraft. Further, TSA will collect identifying information for both companies and individuals whom aircraft operators, foreign air carriers, and IACs have qualified to ship cargo on passenger aircraft, also referred to as ‘‘known shippers.’’ This information is primarily collected electronically via the Known Shipper Management System (KSMS). Whenever the information cannot be entered on KSMS, the regulated entity must conduct a physical visit of the shipper using the Aviation Security Known Shipper Verification Form and subsequently enter that information into KSMS. These regulated entities must also maintain records including records pertaining to security programs, training, and compliance. The forms used in this collection of information include the Aviation Security Known Shipper Verification Form, Cargo Reporting Template, and the Security Threat Assessment Application. Estimated Burden Hours The hour burden associated with the initial submission of security programs is estimated by TSA to be 4 hours for each of the 152 new aircraft operator, foreign air carrier and IAC average annual regulated entites for an average annual hour burden of 606 hours. The hour burden associated with the security program updates is estimated by TSA to be 4 hours for each of the 4,509 aircraft operators, foreign air carriers, and IACs for an average annual hour burden of 18,036 hours. TSA estimates one percent of IACs (42) will E:\FR\FM\16NON1.SGM 16NON1 58970 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices file an appeal at 5 hours per appeal for an average annual hour burden of 210 hours. For the STA requirement, based on a 15-minute estimate for each of the average 40,003 annual responses, TSA estimates that the average annual burden will be 10,001 hours. For the Known Shipper Management System (KSMS), given that the IAC or aircraft operator must input a name, address, and telephone number, TSA estimates it will take 2 minutes for the 792,000 electronic submissions for a total annual burden of 26,400 hours. Also for KSMS, TSA estimates it will take one hour for the 8,000 manual submissions for a total annual burden of 8,000 hours. TSA estimates out of the 480 total aircraft operators and foreign air carriers impacted by TSA regulations, 135 aircraft operators and foreign air carriers will submit cargo screening reporting information because not all aircraft operators and foreign air carriers transport cargo. TSA estimates this will take an estimated one hour per week (52 hours per year) for a total average annual burden of 6,994 hours. For recordkeeping, based on a 5-minute estimate for each of the 40,003 average annual responses, TSA estimates that the total average annual burden will be 3,320 hours. Issued in Arlington, Virginia, on November 9, 2009. Joanna Johnson, TSA Paperwork Reduction Act Officer, Office of Information Technology. [FR Doc. E9–27349 Filed 11–13–09; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Issuance of Final Determination Concerning Toner Cartridges and Image Drums mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of final determination. SUMMARY: This document provides notice that the Bureau of U.S. Customs and Border Protection (‘‘CBP’’) has issued a final determination concerning the country of origin of certain toner cartridges and image drums to be offered to the United States Government under an undesignated government procurement contract. Based upon the facts presented, in the final VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 determination CBP concluded that Japan is the country of origin of the subject toner cartridges and the United States is the country of origin of the subject image drums for purposes of U.S. Government procurement. DATES: The final determination was issued on November 9, 2009. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within December 16, 2009. FOR FURTHER INFORMATION CONTACT: Karen S. Greene, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202–325–0041). SUPPLEMENTARY INFORMATION: Notice is hereby given that on November 9, 2009, pursuant to subpart B of part 177, Customs Regulations (19 CFR part 177, subpart B), CBP issued a final determination concerning the country of origin of certain toner cartridges and image drums to be offered to the United States Government under an undesignated government procurement contract. This final determination, in HQ W563548, was issued at the request of Oki Data Americas, Inc. under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511–18). The final determination concluded that, based upon the facts presented, the replacement in the United States of minor components of U.S. and foreign origin and the addition of Japaneseorigin toner to a Chinese-origin toner cartridge do not substantially transform the toner cartridge into a product of the United States. Therefore, the last country in which the toner cartridge undergoes a substantial transformation is based on the essential character of the toner cartridge, which is the toner from Japan. Based upon the facts presented, the final determination also concluded that the disassembly in the United States of a Thai-origin image drum, the cleaning and reassembly of salvageable parts, and the replacement of a significant number of parts essential to the functionality of the image drum result in a substantial transformation of the components into a product of the United States. Section 177.29, Customs Regulations (19 CFR 177.29), provides that notice of final determinations shall be published in the Federal Register within 60 days of the date the final determination is issued. Section 177.30, CBP Regulations (19 CFR 177.30), provides that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 final determination within 30 days of publication of such determination in the Federal Register. Dated: November 9, 2009. Sandra L. Bell, Executive Director, Office of Regulations and Rulings, Office of International Trade. Attachment HQ W563548 November 9, 2009 MAR–2–05 RR:CTF:VS W563548 KSG CATEGORY: Marking Mr. Stephen E. Becker Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, N.W., Washington, DC 20037–1122 RE: U.S. Government Procurement; Title III, Trade Agreements Act of 1979 (19 U.S.C. § 2511); Subpart B, Part 177, Customs and Border Protection Regulations (19 CFR § 177); Final Determination; country of origin of remanufactured toner cartridges and image drums Dear Mr. Becker: This is in response to your letter dated July 28, 2006, requesting a final determination on behalf of Oki Data Americas, Inc. (‘‘Oki Data’’), pursuant to subpart B of Part 177, Customs Regulations (19 C.F.R. § 177.21 et seq.). Under these regulations, which implement Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. § 2511 et seq.), U.S. Customs and Border Protection (‘‘CBP’’) issues country of origin advisory rulings and final determinations on whether an article is or would be a product of a designated foreign country or instrumentality for the purpose of granting waivers of certain ‘‘Buy American’’ restrictions in U.S. law or practice for products offered for sale to the U.S. Government. This final determination concerns the country of origin of certain remanufactured toner cartridges and image drums. We note that Oki Data is a party-at-interest within the meaning of 19 C.F.R. § 177.22(d)(1) and is entitled to request this final determination. In issuing this final determination, we have given consideration to the arguments presented during a meeting at our offices on November 17, 2006, and your additional submissions dated September 12, 2006, September 28, 2006, November 17, 2006, and November 30, 2006, which include photographs of the articles at various stages of the processes performed. FACTS: I. Toner Cartridges You advise us that Oki Data will remanufacture C7300/7500 Series toner cartridges at its facility in Mount Laurel, New Jersey. You state that the spent toner cartridges were originally manufactured in China and that the toner cartridges were used in printers in the United States. You also indicate that the actual cartridges lack any notation of their origin. You advise that the toner cartridge is comprised of 52 parts plus toner. The remanufactured cartridge will consist of 20 newly manufactured parts: 14 from the E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58969-58970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27349]



[[Page 58969]]

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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

[Docket No. TSA-2004-19515]


Intent To Request Renewal From OMB of One Current Public 
Collection of Information: Air Cargo Security Requirements

AGENCY: Transportation Security Administration, DHS.

ACTION: 60-day Notice.

-----------------------------------------------------------------------

SUMMARY: The Transportation Security Administration (TSA) invites 
public comment on one currently approved Information Collection Request 
(ICR), OMB control number 1652-0040, abstracted below that we will 
submit to the Office of Management and Budget (OMB) for renewal in 
compliance with the Paperwork Reduction Act. The ICR describes the 
nature of the information collection and its expected burden. The 
collections of information that make up this ICR involve five broad 
categories affecting airports, passenger aircraft operators, foreign 
air carriers, indirect air carriers operating under a security program, 
and all-cargo carriers: security programs, security threat assessments 
(STA), known shipper data via the Known Shipper Management System 
(KSMS), cargo screening reporting, and evidence of compliance 
recordkeeping. TSA seeks continued OMB approval in order to secure 
passenger aircraft carrying cargo as authorized in the Aviation and 
Transportation Security Act, and to meet the screening requirements for 
cargo transported on passenger aircraft within the deadlines 
established in the Implementing Recommendations of the 9/11 Commission 
Act of 2007.

DATES: Send your comments by January 15, 2010.

ADDRESSES: Comments may be e-mailed to TSAPRA@dhs.gov or delivered to 
the TSA Paperwork Reduction Act (PRA) Officer, Office of Information 
Technology (OIT), TSA-40, Transportation Security Administration, 601 
South 12th Street, Arlington, VA 20598-6040.

FOR FURTHER INFORMATION CONTACT:  Please e-mail TSA.PRA@dhs.gov with 
questions or comments.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), an agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a valid OMB control number. The ICR documentation is available 
at http://www.reginfo.gov. Therefore, in preparation for OMB review and 
approval of the following information collection, TSA is soliciting 
comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.

Information Collection Requirement

    OMB Control Number 1652-0040 Air Cargo Security requirements, 49 
CFR parts 1540, 1542, 1544, 1546, and 1548. TSA is seeking renewal of 
an expiring collection of information. Congress set forth in the 
Aviation and Transportation Security Act (ATSA), Public Law 107-71, two 
specific requirements for TSA in the area of air cargo security: (1) To 
provide for screening of all property, including U.S. mail, cargo, 
carry-on and checked baggage, and other articles, that will be carried 
aboard a passenger aircraft; and (2) to establish a system to screen, 
inspect, report, or otherwise ensure the security of all cargo that is 
to be transported in all-cargo aircraft as soon as practicable. In the 
Implementing Recommendations of the 9/11 Commission Act of 2007, Public 
Law 110-53, Congress requires that 50 percent of cargo transported on 
passenger aircraft be screened by February 2009, and 100 percent of 
such cargo be screened by August 2010.
    While aviation security requirements have greatly reduced the 
vulnerability of the air cargo system, TSA, in cooperation with 
industry stakeholders, identified additional gaps in the existing cargo 
security requirements that must be filled to reduce the likelihood of 
cargo tampering or unauthorized access to the aircraft with malicious 
intent. TSA must proceed with this ICR for this program in order to 
meet the Congressional mandates and current regulations (49 CFR 
1542.209, 1544.205, 1546.205, and part 1548) that enable them to 
accept, screen, and transport air cargo. The uninterrupted collection 
of this information will allow TSA to continue to ensure implementation 
of these vital security measures for the protection of the traveling 
public.

Data Collection

    This information collection requires the ``regulated entities,'' 
who may include passenger and all-cargo aircraft operators, foreign air 
carriers, and indirect air carriers (IACs), to implement a standard 
security program or to submit modifications to TSA for approval, and 
update such programs as necessary. The regulated entities must also 
collect personal information and submit such information to TSA so that 
TSA may conduct security threat assessments (STA) for individuals with 
unescorted access to cargo. This includes each individual who is a 
general partner, officer or director of an IAC or an applicant to be an 
IAC, and certain owners of an IAC or an applicant to be an IAC; and any 
individual who has responsibility for screening cargo under 49 CFR 
parts 1544, 1546, or 1548. Aircraft operators and foreign air carriers 
must report the volume of accepted and screened cargo transported on 
passenger aircraft. Further, TSA will collect identifying information 
for both companies and individuals whom aircraft operators, foreign air 
carriers, and IACs have qualified to ship cargo on passenger aircraft, 
also referred to as ``known shippers.'' This information is primarily 
collected electronically via the Known Shipper Management System 
(KSMS). Whenever the information cannot be entered on KSMS, the 
regulated entity must conduct a physical visit of the shipper using the 
Aviation Security Known Shipper Verification Form and subsequently 
enter that information into KSMS. These regulated entities must also 
maintain records including records pertaining to security programs, 
training, and compliance. The forms used in this collection of 
information include the Aviation Security Known Shipper Verification 
Form, Cargo Reporting Template, and the Security Threat Assessment 
Application.

Estimated Burden Hours

    The hour burden associated with the initial submission of security 
programs is estimated by TSA to be 4 hours for each of the 152 new 
aircraft operator, foreign air carrier and IAC average annual regulated 
entites for an average annual hour burden of 606 hours.
    The hour burden associated with the security program updates is 
estimated by TSA to be 4 hours for each of the 4,509 aircraft 
operators, foreign air carriers, and IACs for an average annual hour 
burden of 18,036 hours. TSA estimates one percent of IACs (42) will

[[Page 58970]]

file an appeal at 5 hours per appeal for an average annual hour burden 
of 210 hours.
    For the STA requirement, based on a 15-minute estimate for each of 
the average 40,003 annual responses, TSA estimates that the average 
annual burden will be 10,001 hours.
    For the Known Shipper Management System (KSMS), given that the IAC 
or aircraft operator must input a name, address, and telephone number, 
TSA estimates it will take 2 minutes for the 792,000 electronic 
submissions for a total annual burden of 26,400 hours. Also for KSMS, 
TSA estimates it will take one hour for the 8,000 manual submissions 
for a total annual burden of 8,000 hours.
    TSA estimates out of the 480 total aircraft operators and foreign 
air carriers impacted by TSA regulations, 135 aircraft operators and 
foreign air carriers will submit cargo screening reporting information 
because not all aircraft operators and foreign air carriers transport 
cargo. TSA estimates this will take an estimated one hour per week (52 
hours per year) for a total average annual burden of 6,994 hours. For 
recordkeeping, based on a 5-minute estimate for each of the 40,003 
average annual responses, TSA estimates that the total average annual 
burden will be 3,320 hours.

    Issued in Arlington, Virginia, on November 9, 2009.
Joanna Johnson,
TSA Paperwork Reduction Act Officer, Office of Information Technology.
[FR Doc. E9-27349 Filed 11-13-09; 8:45 am]
BILLING CODE 9110-05-P