Importer Security Filing and Additional Carrier Requirements; Correction, 68376-68377 [E9-30570]
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68376
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations
estimated that the Reliability Standards
approved in Order No. 693 would apply
to approximately 682 small entities
(excluding entities in Alaska and
Hawaii), but also pointed out that the
ERO’s Compliance Registry Criteria
allow for a joint action agency,
generation and transmission (G&T)
cooperative or similar organization to
accept compliance responsibility on
behalf of its members. Once these
organizations register with the ERO, the
number of small entities registered with
the ERO will diminish and, thus,
significantly reduce the impact on small
entities.37
31. Finally, as noted above, this Final
Rule addresses revisions of the INT
Reliability Standards, which were
already approved in Order No. 693, and,
therefore, do not create an additional
regulatory impact on small entities.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
VI. Document Availability
32. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE.,
Room 2A, Washington, DC 20426.
33. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
34. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from
FERC Online Support at (202) 502–6652
(toll free at 1–866–208–3676) or e-mail
at ferconlinesupport@ferc.gov, or the
Public Reference Room at
(202) 502–8371, TTY (202) 502–8659.
E-mail the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional
Notification
35. These regulations are effective
January 25, 2010. The Commission has
determined, with the concurrence of the
Administrator of the Office of
37 To be included in the compliance registry, the
ERO determines whether a specific small entity has
a material impact on the Bulk-Power System. If
these small entities should have such an impact
then their compliance is justifiable as necessary for
Bulk-Power System reliability.
VerDate Nov<24>2008
15:17 Dec 23, 2009
Jkt 220001
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996.
List of Subjects in 18 CFR Part 40
Electric power, Electric utilities,
Reporting and recordkeeping
requirements.
By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9–30587 Filed 12–23–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Part 149
[Docket Number USCBP–2007–0077]
RIN 1651–AA70
Importer Security Filing and Additional
Carrier Requirements; Correction
AGENCY: Customs and Border Protection,
Department of Homeland Security.
ACTION: Correcting amendments.
SUMMARY: This document contains
correcting amendments to the interim
final rule entitled ‘‘Importer Security
Filing and Additional Carrier
Requirements’’ published in the Federal
Register on November 25, 2008. The
interim final rule, which requires the
submission of an Importer Security
Filing (ISF) for cargo arriving in the
United States by vessel and a bond to
secure compliance with the ISF
requirement, inadvertently omitted the
liability amounts for breach of the
importer security filing bond and
neglected to make provision for using
the importer security filing bond to
secure a single ISF transaction. This
document clarifies the bond terms
applicable to the importer security filing
bond as set forth in an Appendix to the
Customs and Border Protection bond
regulations by adding the liability
amounts for a breach of the bond and by
adding a paragraph to cover a single
transaction.
DATES: This amendment is effective on
December 24, 2009. The compliance
dates for the regulations are set forth in
19 CFR 4.7c(d), 4.7d(f), and 149.2(g).
FOR FURTHER INFORMATION CONTACT:
Richard Di Nucci, Office of Field
Operations, (202) 344–2513.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
I. Background
On November 25, 2008, Customs and
Border Protection (CBP) published an
interim final rule entitled ‘‘Importer
Security Filing and Additional Carrier
Requirements’’ in the Federal Register
(73 FR 71730). Pursuant to that interim
final rule, an Importer Security Filing
(ISF) must be submitted for cargo
arriving within the limits of a port in the
United States by vessel prior to arrival
of the cargo. Generally, with certain
exceptions, the ISF must be filed no
later than 24 hours before the cargo to
which the information relates is laden
aboard a vessel at a foreign port. The
rule was effective on January 26, 2009.
On July 14, 2009, CBP published a
correction to the interim final rule in the
Federal Register (74 FR 33920) that
amended the regulations by providing
the time frame for transmitting an ISF
for shipments intended to be
transported in-bond for immediate
exportation or for transportation and
exportation. The document also
corrected two CBP Responses to
comments in the preamble text to align
them with the regulatory text.
II. Clarification of the ISF Bond Terms
Under the rule, all ISF Importers must
possess a bond as security for the ISF
requirement. Specifically, 19 CFR
149.5(b) provides that the ISF Importer
must possess a basic importation and
entry bond containing all the provisions
of 19 CFR 113.62, a basic custodial bond
containing all the provisions of 19 CFR
113.63, an international carrier bond
containing all the provisions of 19 CFR
113.64, a foreign trade zone operator
bond containing all the provisions of 19
CFR 113.73, or an importer security
filing bond as provided in Appendix D
of part 113 of 19 CFR. In light of this
bond requirement, CBP amended 19
CFR 113.62, 113.63, 113.64, and 113.73,
to provide that the principal agrees to
comply with ISF requirements and in
the event of a breach of the bond, agrees
to pay liquidated damages in the
amount of $5,000 per violation. CBP
also amended Part 113 by adding
Appendix D, titled ‘‘Appendix D to Part
113—Importer Security Filing Bond’’,
which lists the terms of the ISF bond.
However, the liquidated damages
language contained in the Appendix D
ISF bond does not expressly provide for
the payment of liquidated damages in
the amount of $5,000 per violation.
Instead, the Appendix D ISF bond
contains broad language that requires
ISF Importers to pay any amount
prescribed by law or regulation upon
demand by CBP for a violation of 19
E:\FR\FM\24DER1.SGM
24DER1
Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
CFR part 149. CBP is revising the
Appendix D ISF bond language to add
the $5,000 liquidated damages clause
contained in the other bond provisions.
This amendment is consistent with
the background portion of the
Supplementary Information to the
interim final rule. In discussing the
changes made from the Notice of
Proposed Rulemaking, CBP explained
that ‘‘[t]he liquidated damages amount
for violations of the Importer Security
Filing requirements are changed from
the value of the merchandise, as
proposed, to $5,000 for each violation in
proposed §§ 113.62(j), 113.64(e), and
113.73(c) and new § 113.63(g) and
Appendix D to part 113 (emphasis
added).’’ 73 FR 71736. The inclusion of
the $5,000 liquidated damages clause in
the Appendix D ISF bond will bring the
Appendix D ISF bond language into
conformity with sections 113.62, 113.63,
113.64, and 113.73 and with CBP’s
stated intention in the Supplementary
Information section of the interim final
rule.
This document also clarifies the
applicable time period for an Appendix
D ISF bond. The current Appendix D
language states that the bond is effective
for one year beginning with the effective
date and for each succeeding annual
period, or until terminated. The text is
being revised to make clear that the
Appendix D ISF bond may also be used
to cover a single transaction. This
clarification will facilitate compliance
with the ISF requirement by ISF
Importers and is consistent with the
Supplementary Information portion of
the interim final rule in which CBP
stated that it would accept single
transaction bonds on a case-by-case
basis. 73 FR 71760. Despite this
statement, the terms of the Appendix D
ISF bond did not make provision for
using it as security for a single
transaction.
III. Inapplicability of Notice and
Comment and Delayed Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B), CBP
has determined that it would be
impracticable, unnecessary, and
contrary to the public interest to require
notice and public procedure for these
amendments as CBP is simply clarifying
the terms of the importer security filing
bond in Appendix D consistent with
both the preamble of the interim final
rule and the other regulatory language
in other bonds used to secure the ISF.
In addition, the amendment to add text
to clarify that the importer security
filing bond can be used as either a
continuous or single transaction bond
confers a benefit to ISF Importers and
imposes no burden on any interested
VerDate Nov<24>2008
15:17 Dec 23, 2009
Jkt 220001
parties. For these same reasons,
pursuant to 5 U.S.C. 553(d)(1) and
(d)(3), there is good cause for these
amendments to not have a delayed
effective date.
IV. The Regulatory Flexibility Act and
Executive Order 12866
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply. Also,
this amendment does not meet the
criteria for a ‘‘significant regulatory
action’’ as specified in Executive Order
12866.
V. Amendments
List of Subjects in 19 CFR Part 113
Common carrier, Customs duties and
inspection, Freight, Penalties, Reporting
and recordkeeping requirements, Surety
bonds.
Amendments to the Regulations
Part 113 of title 19, code of Federal
Regulations (19 CFR part 113), is
amended as set forth below.
■
PART 113—CUSTOMS BONDS
1. The general authority citation for
part 113 continues to read as follows:
■
Authority: 19 U.S.C. 66, 1623, 1624.
2. Revise Appendix D to part 113 to
read as follows:
■
Appendix D to Part 113—Importer
Security Filing Bond
This appendix contains the relevant terms
and conditions for Importer Security Filing
Bonds.
Importer Security Filing Bond
KNOW ALL MEN BY THESE PRESENTS,
that lllllllllll of
llllllllllllll, as principal
having Customs and Border Protection (CBP)
Identification Number llllll and
llllllll, as surety are held and
firmly bound unto the United States of
America up to the sum of llllll
dollars ($llllll) for the payment of
which we bind ourselves, our heirs,
executors, administrators, successors, and
assigns, jointly and severally, firmly by these
presents.
Whereas, the named principal (including
the named principal’s employees, agents and
contractors) agrees to comply with all
Importer Security Filing requirements set
forth in 19 CFR part 149, including but not
limited to providing security filing
information to CBP in the manner and in the
time period prescribed by regulation.
If the principal defaults on the conditions
of this obligation, the principal and surety
jointly and severally, agree to pay liquidated
damages of $5,000 for each violation, or such
other amount as may be authorized by law
or regulation upon demand by CBP.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
68377
[Complete this paragraph only for a single
transaction bond]
This single transaction bond secures the
single transaction identified by Importer
Security Filing transaction number
lllllllllll issued by CBP on
llllll, 20llllll.
[Complete this paragraph only for a
continuous bond]
This continuous bond is effective
llllll, 20llllll, and remains
in force for one year beginning with the
effective date and for each succeeding annual
period, or until terminated. This bond
constitutes a separate bond for each period in
the amount listed above for liabilities that
accrue in each period. The intention to
terminate this bond must be conveyed within
the period and manner prescribed in the CBP
Regulations.
This bond is executed on
llllllll, 20llllll.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
lllllllllllllllllllll
(Name)
(Address)
lllllllllllllllllllll
(Name)
(Address)
lllllllllllllllllllll
(Principal Name)
(Seal)
lllllllllllllllllllll
lllllllllllllllllllll
(Principal Address)
lllllllllllllllllllll
(Surety Name)
(Seal)
Surety No. llll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
(Surety Mailing Address)
Surety Agent Name lllllllllll
Surety Agent ID Number lllllllll
Dated: December 18, 2009.
Jayson P. Ahern,
Acting Commissioner.
[FR Doc. E9–30570 Filed 12–23–09; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 650
[FHWA Docket No. FHWA–2009–0074]
RIN 2125–AF33
National Bridge Inspection Standards
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Final rule.
SUMMARY: The American Association of
State Highway and Transportation
Officials (AASHTO) Manual for
Condition Evaluation of Bridges, 1994,
E:\FR\FM\24DER1.SGM
24DER1
]]>Agencies
[Federal Register Volume 74, Number 246 (Thursday, December 24, 2009)]
[Rules and Regulations]
[Pages 68376-68377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30570]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 149
[Docket Number USCBP-2007-0077]
RIN 1651-AA70
Importer Security Filing and Additional Carrier Requirements;
Correction
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains correcting amendments to the interim
final rule entitled ``Importer Security Filing and Additional Carrier
Requirements'' published in the Federal Register on November 25, 2008.
The interim final rule, which requires the submission of an Importer
Security Filing (ISF) for cargo arriving in the United States by vessel
and a bond to secure compliance with the ISF requirement, inadvertently
omitted the liability amounts for breach of the importer security
filing bond and neglected to make provision for using the importer
security filing bond to secure a single ISF transaction. This document
clarifies the bond terms applicable to the importer security filing
bond as set forth in an Appendix to the Customs and Border Protection
bond regulations by adding the liability amounts for a breach of the
bond and by adding a paragraph to cover a single transaction.
DATES: This amendment is effective on December 24, 2009. The compliance
dates for the regulations are set forth in 19 CFR 4.7c(d), 4.7d(f), and
149.2(g).
FOR FURTHER INFORMATION CONTACT: Richard Di Nucci, Office of Field
Operations, (202) 344-2513.
SUPPLEMENTARY INFORMATION:
I. Background
On November 25, 2008, Customs and Border Protection (CBP) published
an interim final rule entitled ``Importer Security Filing and
Additional Carrier Requirements'' in the Federal Register (73 FR
71730). Pursuant to that interim final rule, an Importer Security
Filing (ISF) must be submitted for cargo arriving within the limits of
a port in the United States by vessel prior to arrival of the cargo.
Generally, with certain exceptions, the ISF must be filed no later than
24 hours before the cargo to which the information relates is laden
aboard a vessel at a foreign port. The rule was effective on January
26, 2009. On July 14, 2009, CBP published a correction to the interim
final rule in the Federal Register (74 FR 33920) that amended the
regulations by providing the time frame for transmitting an ISF for
shipments intended to be transported in-bond for immediate exportation
or for transportation and exportation. The document also corrected two
CBP Responses to comments in the preamble text to align them with the
regulatory text.
II. Clarification of the ISF Bond Terms
Under the rule, all ISF Importers must possess a bond as security
for the ISF requirement. Specifically, 19 CFR 149.5(b) provides that
the ISF Importer must possess a basic importation and entry bond
containing all the provisions of 19 CFR 113.62, a basic custodial bond
containing all the provisions of 19 CFR 113.63, an international
carrier bond containing all the provisions of 19 CFR 113.64, a foreign
trade zone operator bond containing all the provisions of 19 CFR
113.73, or an importer security filing bond as provided in Appendix D
of part 113 of 19 CFR. In light of this bond requirement, CBP amended
19 CFR 113.62, 113.63, 113.64, and 113.73, to provide that the
principal agrees to comply with ISF requirements and in the event of a
breach of the bond, agrees to pay liquidated damages in the amount of
$5,000 per violation. CBP also amended Part 113 by adding Appendix D,
titled ``Appendix D to Part 113--Importer Security Filing Bond'', which
lists the terms of the ISF bond. However, the liquidated damages
language contained in the Appendix D ISF bond does not expressly
provide for the payment of liquidated damages in the amount of $5,000
per violation. Instead, the Appendix D ISF bond contains broad language
that requires ISF Importers to pay any amount prescribed by law or
regulation upon demand by CBP for a violation of 19
[[Page 68377]]
CFR part 149. CBP is revising the Appendix D ISF bond language to add
the $5,000 liquidated damages clause contained in the other bond
provisions.
This amendment is consistent with the background portion of the
Supplementary Information to the interim final rule. In discussing the
changes made from the Notice of Proposed Rulemaking, CBP explained that
``[t]he liquidated damages amount for violations of the Importer
Security Filing requirements are changed from the value of the
merchandise, as proposed, to $5,000 for each violation in proposed
Sec. Sec. 113.62(j), 113.64(e), and 113.73(c) and new Sec. 113.63(g)
and Appendix D to part 113 (emphasis added).'' 73 FR 71736. The
inclusion of the $5,000 liquidated damages clause in the Appendix D ISF
bond will bring the Appendix D ISF bond language into conformity with
sections 113.62, 113.63, 113.64, and 113.73 and with CBP's stated
intention in the Supplementary Information section of the interim final
rule.
This document also clarifies the applicable time period for an
Appendix D ISF bond. The current Appendix D language states that the
bond is effective for one year beginning with the effective date and
for each succeeding annual period, or until terminated. The text is
being revised to make clear that the Appendix D ISF bond may also be
used to cover a single transaction. This clarification will facilitate
compliance with the ISF requirement by ISF Importers and is consistent
with the Supplementary Information portion of the interim final rule in
which CBP stated that it would accept single transaction bonds on a
case-by-case basis. 73 FR 71760. Despite this statement, the terms of
the Appendix D ISF bond did not make provision for using it as security
for a single transaction.
III. Inapplicability of Notice and Comment and Delayed Effective Date
Pursuant to 5 U.S.C. 553(b)(3)(B), CBP has determined that it would
be impracticable, unnecessary, and contrary to the public interest to
require notice and public procedure for these amendments as CBP is
simply clarifying the terms of the importer security filing bond in
Appendix D consistent with both the preamble of the interim final rule
and the other regulatory language in other bonds used to secure the
ISF. In addition, the amendment to add text to clarify that the
importer security filing bond can be used as either a continuous or
single transaction bond confers a benefit to ISF Importers and imposes
no burden on any interested parties. For these same reasons, pursuant
to 5 U.S.C. 553(d)(1) and (d)(3), there is good cause for these
amendments to not have a delayed effective date.
IV. The Regulatory Flexibility Act and Executive Order 12866
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply. Also, this amendment does not meet the criteria for a
``significant regulatory action'' as specified in Executive Order
12866.
V. Amendments
List of Subjects in 19 CFR Part 113
Common carrier, Customs duties and inspection, Freight, Penalties,
Reporting and recordkeeping requirements, Surety bonds.
Amendments to the Regulations
0
Part 113 of title 19, code of Federal Regulations (19 CFR part 113), is
amended as set forth below.
PART 113--CUSTOMS BONDS
0
1. The general authority citation for part 113 continues to read as
follows:
Authority: 19 U.S.C. 66, 1623, 1624.
0
2. Revise Appendix D to part 113 to read as follows:
Appendix D to Part 113--Importer Security Filing Bond
This appendix contains the relevant terms and conditions for
Importer Security Filing Bonds.
Importer Security Filing Bond
KNOW ALL MEN BY THESE PRESENTS, that ---------------------- of
----------------------------, as principal having Customs and Border
Protection (CBP) Identification Number ------------ and ------------
----, as surety are held and firmly bound unto the United States of
America up to the sum of ------------ dollars ($------------) for
the payment of which we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally,
firmly by these presents.
Whereas, the named principal (including the named principal's
employees, agents and contractors) agrees to comply with all
Importer Security Filing requirements set forth in 19 CFR part 149,
including but not limited to providing security filing information
to CBP in the manner and in the time period prescribed by
regulation.
If the principal defaults on the conditions of this obligation,
the principal and surety jointly and severally, agree to pay
liquidated damages of $5,000 for each violation, or such other
amount as may be authorized by law or regulation upon demand by CBP.
[Complete this paragraph only for a single transaction bond]
This single transaction bond secures the single transaction
identified by Importer Security Filing transaction number ----------
------------ issued by CBP on ------------, 20------------.
[Complete this paragraph only for a continuous bond]
This continuous bond is effective ------------, 20------------,
and remains in force for one year beginning with the effective date
and for each succeeding annual period, or until terminated. This
bond constitutes a separate bond for each period in the amount
listed above for liabilities that accrue in each period. The
intention to terminate this bond must be conveyed within the period
and manner prescribed in the CBP Regulations.
This bond is executed on ----------------, 20------------.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
-----------------------------------------------------------------------
(Name) (Address)
-----------------------------------------------------------------------
(Name) (Address)
-----------------------------------------------------------------------
(Principal Name) (Seal)
-----------------------------------------------------------------------
-----------------------------------------------------------------------
(Principal Address)
-----------------------------------------------------------------------
(Surety Name) (Seal)
Surety No. --------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
(Surety Mailing Address)
Surety Agent Name------------------------------------------------------
Surety Agent ID Number-------------------------------------------------
Dated: December 18, 2009.
Jayson P. Ahern,
Acting Commissioner.
[FR Doc. E9-30570 Filed 12-23-09; 8:45 am]
BILLING CODE 9111-14-P
