Technical Corrections to U.S. Customs and Border Protection Regulations, 73306-73310 [2012-29632]
Download as PDF
<![CDATA[
73306
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
Discussion of Changes
46 U.S.C. 12107, was repealed by
§ 1115(a) of the Coast Guard
Authorization Act of 1996, Public Law
104–324 (October 19, 1996).
Accordingly, this document makes
conforming amendments to 19 CFR Part
4 by removing references to the Great
Lakes endorsement in § 4.7; by
removing paragraphs (b)(11) and (b)(12)
of § 4.21, which pertain to vessels with
Great Lakes endorsements, and by
removing paragraph (b) of § 4.83, which
also pertains to vessels with Great Lakes
endorsements. In addition, paragraph (a)
of § 4.7 contains a typographical error.
As such, paragraph (a) in § 4.7 is
amended by replacing the word
‘‘Statment’’ with the word ‘‘Statement’’.
Section 4.85 of the CBP regulations (19
CFR 4.85) concerns vessels with residue
cargo for domestic ports. Section 4.85
contains a reference to a Great Lakes
license endorsement, which was
formally repealed, as discussed above.
Accordingly, this document makes
conforming amendments to paragraph
(a) in § 4.85.
Sections 4.80 and 4.80a of the CBP
regulations (19 CFR 4.80 and 4.80a)
concern coastwise transportation of
passengers or merchandise. Each section
contains certain outdated statutory
references. Public Law 109–304, titled
‘‘To complete the codification of title
46, United States Code, ‘‘Shipping’’, as
positive law’’ enacted on October 6,
2006, recodified, reorganized and
amended title 46, United States Code,
including its Appendix. The Jones Act,
formerly 46 U.S.C. App. 883, is
recodified as 46 U.S.C. 55102. The
Passenger Vessel Services Act, formerly
46 U.S.C. App. 289, is now recodified as
46 U.S.C. 55103. Former 46 U.S.C. App.
289c is recodified and now found at 46
U.S.C. 55104. Former 46 U.S.C.
12106(d) is recodified and now found at
46 U.S.C. 12117. Accordingly, this
document makes the necessary
technical amendments to paragraphs (b),
(f) and (h) of § 4.80 and paragraphs (b),
(c) and (d) of § 4.80a to conform to the
above-referenced statutory changes.
Part 4
Section 4.7 of the CBP regulations (19
CFR 4.7) sets forth requirements
regarding vessel manifests. Section 4.21
of the CBP regulations (19 CFR 4.21)
concerns exemptions from tonnage
taxes. Section 4.83 of the CBP
regulations (19 CFR 4.83) governs trade
between United States ports on the
Great Lakes and other ports of the
United States. Sections 4.7, 4.21 and
4.83 each contain references to a Great
Lakes license endorsement. The
statutory provision providing for a Great
Lakes endorsement, formerly found in
Part 24
Section 24.5 of the CBP regulations
(19 CFR 24.5) contains the legacy
agency name and an outdated office
name and address for CBP’s National
Finance Center. Accordingly, § 24.5(f) is
amended to remove the outdated
information and replace it with the
current agency name, office name, and
address of the National Finance Center.
Section 24.24 of the CBP regulations
(19 CFR 24.24) sets forth CBP’s financial
and accounting procedures. This section
makes reference to the ‘‘Office of
Finance.’’ On November 23, 2009, CBP
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Parts 4, 24, 101, 102, 127, 159,
161 and 177
[CBP Dec. 12–21]
Technical Corrections to U.S. Customs
and Border Protection Regulations
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule.
AGENCY:
U.S. Customs and Border
Protection (CBP) periodically reviews its
regulations to ensure that they are
current, correct, and consistent.
Through this review process, CBP has
discovered a number of discrepancies.
This document amends various sections
of title 19 of the Code of Federal
Regulations (19 CFR) to correct those
discrepancies.
DATES: The final rule is effective
December 10, 2012.
FOR FURTHER INFORMATION CONTACT:
Maria Lloyd, Trade and Commercial
Regulations Branch, Regulations and
Rulings, Office of International Trade,
(202) 325–0369.
SUPPLEMENTARY INFORMATION:
SUMMARY:
srobinson on DSK4SPTVN1PROD with
Background
It is the policy of U.S. Customs and
Border Protection (CBP) to periodically
review title 19 of the Code of Federal
Regulations (19 CFR) to ensure that it is
accurate and up-to-date so that the
importing and general public are aware
of CBP requirements and procedures
regarding import-related activities. As
part of this review policy, CBP has
determined that certain corrections are
necessary affecting parts 4, 24, 101, 102,
127, 159, 161 and 177 of the CBP
regulations (19 CFR parts 4, 24, 101,
102, 127, 159, 161 and 177).
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
reorganized the ‘‘Office of Finance’’ as
the ‘‘Office of Administration’’ and
changed its name to better
communicate, internally and externally,
the scope of the office’s responsibilities.
The Office of Administration oversees
all aspects of financial management and
accountability for CBP including:
accounting and budget; financial
systems; procurement and acquisition;
facilities and engineering; asset
management and investment
management, and oversight of all
financial operations within CBP. As
appropriate, the term ‘‘Office of
Finance’’ is removed wherever it
appears and is replaced with the term
‘‘Office of Administration’’.
Accordingly, this document makes nonsubstantive amendments to
§§ 24.24(c)(8)(i), 24.24(e)(1)(ii),
24.24(e)(2)(iii), 24.24(e)(3)(ii), 24.24
(e)(4)(iii) and 24.24(e)(4)(iv)(A) to reflect
the correct nomenclature and to
§ 24.24(e)(4)(iv)(B)(5), to reflect the
nomenclature change of ‘‘Customs’’ to
‘‘CBP.’’
Section 24.26 of the CBP regulations
(19 CFR 24.26) contains in various
paragraphs an outdated office name,
that is, the Financial Management
Service Center, and an outdated address
for CBP’s National Finance Center to
where certain applications to participate
in a program are to be mailed.
Accordingly, paragraphs (b), (c), (d) and
(g) of § 24.26 are amended to replace the
outdated office name and address with
the current office name, Revenue
Division, and address of the National
Finance Center. Section 24.26 is further
amended by replacing the word
‘‘Customs’’ with the term ‘‘CBP’’ in
paragraphs (a), (c), (d), (e)(1), and (f).
Part 101
Section 101.9 of the CBP regulations
(19 CFR 101.9) sets forth the test
programs or procedures for evaluating
the effectiveness of new technologies or
operational procedures. Section 101.9
contains a typographical error in the
citation of section 411(a)(2) of the Tariff
Act of 1930. Section 101.9 is amended
by correcting the citation to read ‘‘(19
U.S.C. 1411(a)(2)),’’ in paragraph (b).
Section 101.9 is further amended by
replacing the words ‘‘Commissioner of
Customs’’ with the words
‘‘Commissioner of CBP’’; by replacing
the reference to ‘‘Customs Regulations’’
with a reference to ‘‘CBP regulations’’;
and by replacing the word ‘‘shall’’ with
the word ‘‘will’’.
Part 102
Section 102.20 of the CBP regulations
(19 CFR 102.20) sets forth the specific
rules of origin by tariff classification. In
E:\FR\FM\10DER1.SGM
10DER1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
paragraph (f) of § 102.20, titled ‘‘Section
VI: Chapters 28 through 38’’, the entry
for 2933.11—2934.99 contains
duplicative tariff numbers that should
appear only in the column headed,
‘‘HTSUS.’’ As such, section 102.20(f) is
amended by removing the tariff
numbers ‘‘2933.11—2934.99:’’ that are
set forth before the sentence that begins
with the words, ‘‘A change to’’ in the
column headed, ‘‘tariff shift and/or
other requirements’’.
Paragraph (q) of § 102.20, titled
‘‘Section XVIII: Chapters 90 through 92’’
contains a typographical error in the
entry for subheading 9001.10, HTSUS,
that provides for the tariff shift rule
which encompasses optical fibers and
optical fiber bundles and cables. As
such, section 102.20(q) is amended by
removing the typographical error of the
word ‘‘performs’’ and replacing it with
the word ‘‘preforms’’ in the entry for
subheading 9001.90, HTSUS.
srobinson on DSK4SPTVN1PROD with
Parts 127
Section 127.43 of the CBP regulations
(19 CFR 127.43) sets forth regulations
regarding establishing title to unclaimed
and abandoned merchandise which has
vested in the government. This section
makes a reference to the outdated
‘‘Office of Finance.’’ Accordingly, this
document amends § 127.43(e) to reflect
the correct nomenclature.
Part 159
Sections 159.41 and 159.47 of the CBP
regulations (19 CFR 159.41 and 159.47)
concern the special duties of
antidumping and countervailing,
respectively. These sections contain an
outdated reference to the Department of
Commerce’s International Trade
Administration (ITA) regulations. ITA
promulgated a single new part 351 and
removed parts 353 and 355 from 19 CFR
chapter III by a final rule published in
the Federal Register (62 FR 27296, May
19, 1997). Accordingly, §§ 159.41 and
159.47 are amended to conform the CBP
regulations with the ITA regulations by
removing the outdated reference to part
353 and replacing it with part 351.
Section 159.63 of the CBP regulations
(19 CFR 159.63) pertains to CBP
receiving a certification from certain
domestic producers to make a
distribution of an offset under the
antidumping and countervailing laws.
This section makes references to the
outdated ‘‘Office of Finance.’’
Accordingly, this document amends
§ 159.63(a) to reflect the correct
nomenclature.
Part 161
Section 161.16 of the CBP regulations
(19 CFR 161.16) pertains to filing a
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
73307
claim for informant compensation. This
section contains an outdated reference
to a Customs form that was abolished
and replaced by a DHS form and an
outdated reference to an investigative
position. Accordingly, § 161.16(b) is
amended by replacing the reference to
‘‘Customs Form 4623’’ with the
reference to ‘‘DHS Form 4623’’; by
replacing the outdated position in the
former Customs Service of ‘‘Special
Agent in Charge’’ with the current
position of ‘‘Special Agent in Charge,
U.S. Immigration and Customs
Enforcement, Homeland Security
Investigations’’; and by replacing
‘‘Customs Headquarters’’ with the
reference to ‘‘CBP Headquarters’’. Also,
the word ‘‘shall’’ is replaced with either
‘‘must’’ or ‘‘will’’, as appropriate, in
paragraphs (a) and (b) of § 161.16 to
conform with the plain English
mandate.
Regulatory Flexibility Act
Part 177
Customs duties and inspection,
Exports, Freight, Harbors, Maritime
carriers, Reporting and recordkeeping
requirements, Vessels.
Section 177.13 of the CBP regulations
(19 CFR 177.13) pertains to inconsistent
customs decisions. This section
contains an incorrect statutory citation.
Accordingly, the first sentence in
paragraph (a)(2)(i) of § 177.13 is
amended by removing the incorrect
reference to ‘‘(19 U.S.C. 1514(c) (1))’’
and replacing it with the reference to
‘‘(19 U.S.C. 1514(c)(2))’’. Also, section
177.13 is amended by making nonsubstantive editorial and nomenclature
amendments. As appropriate, the word
‘‘Customs’’ is replaced with the term
‘‘CBP’’ in the context of either a CBP
official(s), CBP offices or CBP
Headquarters in the title of the section,
paragraph (a), the first sentence of
paragraph (b)(2), and paragraph (d) of
§ 177.13. The words ‘‘Customs Service’’
are replaced with the term ‘‘CBP’’ in
paragraphs (b)(2), (d), and (f) of § 177.13.
Additionally, the word ‘‘shall’’ is
replaced with the word ‘‘will’’ in
paragraphs (a)(2), (c), and (f) of § 177.13.
Finally, paragraph (b)(1) of § 177.13 is
amended, by replacing the word ‘‘shall’’
with the word ‘‘must’’.
Inapplicability of Notice and Delayed
Effective Date
Because the technical corrections set
forth in this document merely conform
to existing law and regulation, CBP
finds that good cause exists for
dispensing with notice and public
procedure as unnecessary under 5
U.S.C. 553(b)(B). For this same reason,
pursuant to 5 U.S.C. 553(d)(3), CBP
finds that good cause exists for
dispensing with the requirement for a
delayed effective date.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Executive Order 12866
These amendments do not meet the
criteria for a ‘‘significant regulatory
action’’ as specified in Executive Order
12866, as supplemented by Executive
Order 13563.
Signing Authority
This document is limited to technical
corrections of the CBP regulations.
Accordingly, it is being signed under
the authority of 19 CFR 0.1(b)(1).
List of Subjects
19 CFR Part 4
19 CFR Part 24
Accounting, Customs duties and
inspection, Fees, Financial and
accounting procedures, Imports,
Interest, Reporting and recordkeeping
requirements, User fees.
19 CFR Part 101
Administrative practice and
procedure, Customs duties and
inspection, Organizations and functions
(government agencies), Tests.
19 CFR Part 102
Customs duties and inspection,
Imports, Reporting and recordkeeping
requirements, Rules of origin, Trade
Agreements.
19 CFR Part 127
Customs duties and inspection,
Exports, Freight, Reporting and
recordkeeping requirements.
19 CFR Part 159
Antidumping (liquidation of duties),
Countervailing duties (liquidation of
duties), Customs duties and inspection,
Liquidations of entries for merchandise.
19 CFR Part 161
Customs duties and inspection,
Imports, Law Enforcement.
19 CFR Part 177
Administrative practice and
procedure, Customs duties and
inspection, Reporting and
recordkeeping requirements, Rulings.
E:\FR\FM\10DER1.SGM
10DER1
73308
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
Amendments to the CBP Regulations
For the reasons set forth above, parts
4, 24, 101, 102, 127, 159, 161 and 177
of the CBP regulations (19 CFR parts 4,
24, 101, 102, 127, 159, 161 and 177) are
amended as set forth below.
PART 4—VESSELS IN FOREIGN AND
DOMESTIC TRADES
1. The general authority citation for
part 4 continues, and the specific
authority citations for §§ 4.7, 4.21, 4.80
and 4.83 are revised to read as follows:
■
Authority: 5. U.S.C. 301; 19 U.S.C. 66,
1431, 1433, 1434, 1624, 2071 note; 46 U.S.C.
501, 60105.
*
*
*
*
*
Section 4.7 also issued under 19 U.S.C.
1581(a);
*
*
*
*
*
Section 4.21 also issued under 19 U.S.C.
1441; 46 U.S.C. 60301–60310, 60312;
*
*
*
*
*
Sections 4.80, 4.80a, and 4.80b also issued
under 19 U.S.C. 1706a; 28 U.S.C. 2461 note;
46 U.S.C. 12112, 12117, 12118, 50501–55106,
55107, 55108, 55110, 55114, 55115, 55116,
55117, 55119, 56101, 55121, 56101, 57109;
Pub. L. 108–7, Division B, Title II,§ 211;
*
*
*
*
*
*
*
§ 4.7
[Amended]
*
2. In § 4.7:
a. Paragraph (a) is amended by
removing the word ‘‘Statment’’ and
adding in its place the word
‘‘Statement’’.
■ b. Paragraph (d)(1)(i) is amended by
removing the words ‘‘, or Great Lakes
license endorsement’’; and by removing
the phrase ‘‘, to be employed in the
foreign, coastwise, or Great Lakes trade,
or’’ and adding in its place the phrase
‘‘to be employed in the foreign or
coastwise trade, or’’.
■
■
§ 4.21
[Amended]
3. In § 4.21:
a. Paragraphs (b)(11) and (b)(12) are
removed; and
■ b. Existing paragraphs (b)(13) through
(b)(17) are redesignated as paragraphs
(b)(11) through (b)(15).
■
■
§ 4.80
4. In § 4.80:
a. Paragraph (b)(1) is amended by
removing the citation ‘‘(46 U.S.C. 883)’’
and adding in its place the citation ‘‘(46
U.S.C. 55102)’’;
■ b. Paragraph (b)(2) is amended by
removing the parenthetical phrase ‘‘(46
U.S.C. App. 289, as adjusted by the
Federal Civil Penalties Inflation
srobinson on DSK4SPTVN1PROD with
■
■
16:08 Dec 07, 2012
*
*
*
*
(h) * * * Such vessel may also
engage in any other employment for
which a registry or fishing endorsement
is not required, and may qualify to
operate for other purposes by meeting
the applicable requirements of 46 CFR
part 67.
*
*
*
*
*
§ 4.80a
[Amended]
5. In § 4.80a:
■ a. Paragraph (b) is amended, in the
first sentence, by removing the citation
‘‘(46 U.S.C. 289)’’ and adding in its
place the citation ‘‘(46 U.S.C. 55103)’’;
■ b. Paragraph (c) is amended by
removing the language ‘‘a finding under
46 U.S.C. 289c’’ and adding in its place
‘‘a finding under 46 U.S.C. 55104’’; and
■ c. Paragraph (d) is amended by
removing the language ‘‘in violation of
46 U.S.C. 289’’ and adding in its place
‘‘in violation of 46 U.S.C. 55103’’.
■
§ 4.83
[Amended]
6. In § 4.83:
a. Paragraph (a) is amended by
removing the designation (a); and
■ b. Paragraph (b) is removed.
PART 24—CUSTOMS FINANCIAL AND
ACCOUNTING PROCEDURE
8. The general authority citation for
part 24 continues to read 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.
3717, 9701; Public Law 107–296, 116 Stat.
2135 (6 U.S.C. 1 et. seq.).
*
*
§ 24.5
Jkt 229001
*
§ 24.24
[Amended]
[Amended]
10. In § 24.24:
a. Paragraph (c)(8)(i) is amended by
removing the words ‘‘Office of Finance’’
and adding in their place the words
‘‘Office of Administration’’;
■ b. Paragraph (e)(1)(ii) is amended by
removing the words ‘‘Office of Finance’’
and adding in their place the words
‘‘Office of Administration’’;
■ c. Paragraph (e)(2)(iii) is amended by
removing the words ‘‘Office of Finance’’
and adding in their place the words
‘‘Office of Administration’’;
■ d. Paragraph (e)(3)(ii) is amended by
removing the words ‘‘Office of Finance’’
and adding in their place the words
‘‘Office of Administration’’;
■ e. Paragraph (e)(4)(iii) is amended by
removing the words ‘‘Office of Finance’’
and adding in their place the words
‘‘Office of Administration’’;
■ f. Paragraph (e)(4)(iv)(A) is amended
by removing the words ‘‘Office of
Finance’’ and adding in their place the
words ‘‘Office of Administration’’; and
■ g. Paragraph (e)(4)(iv)(B)(5) is
amended by removing the words ‘‘notify
Customs’’ and adding in their place the
words ‘‘notify CBP’’.
■
■
§ 24.26
■
■
■
[Amended]
7. Paragraph (a) in § 4.85 is amended
by removing the phrase ‘‘or, where
appropriate, a Great Lakes license
endorsement,’’ and adding in its place
the word ‘‘endorsement,’’.
■
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
*
9. Paragraph (f) in § 24.5 is amended,
in the last sentence, by removing the
words ‘‘U.S. Customs Service,
Accounting Services—Accounts
Receivable, 6026 Lakeside Boulevard,
Indianapolis, Indiana 46278,’’ and
adding in their place the words ‘‘the
National Finance Center, U.S. Customs
and Border Protection, Office of
Administration, Revenue Division, 6650
Telecom Drive, Suite 100, Indianapolis,
IN 46278,’’.
■
§ 4.85
*
■
■
[Amended]
VerDate Mar<15>2010
§ 4.80 Vessels entitled to engage in
coastwise trade.
*
*
Section 4.83 also issued under 46 U.S.C.
60105, 60308;
*
Adjustment Act of 1990)’’ and adding in
its place the parenthetical phrase ‘‘(46
U.S.C. 55103, as adjusted by the Federal
Civil Penalties Inflation Act of 1990)’’;
■ c. Paragraph (f) is amended, in the
third sentence, by removing the
parenthetical phrase ‘‘(section 9 of the
Act of Sept. 7, 1916, as amended, 46
U.S.C. 808).’’ and adding in its place the
parenthetical phrase ‘‘(section 9 of the
Act of Sept. 7, 1916, as amended, 46
U.S.C. 56101 and 57109).’’;
■ d. Paragraph (h) is amended:
■ (i) at the end of the first sentence, by
removing the parenthetical phrase ‘‘(46
U.S.C. 12106(d)).’’ and adding in its
place the parenthetical phrase ‘‘(46
U.S.C. 12117).’’;
■ (ii) at the beginning of the second
sentence, by removing the words
‘‘Notwithstanding 46 U.S.C. App. 883,’’
and adding in its place the words
‘‘Notwithstanding 46 U.S.C. 55102,’’;
and
■ (iii) by revising the last sentence of
paragraph (h).
The revision reads as follows:
[Amended]
11. In § 24.26:
a. Paragraph (b) is amended:
(i) by removing the words ‘‘the
Financial Management Services Center,
U.S. Customs Service, 6026 Lakeside
Boulevard, Indianapolis, Indiana
46278:’’ and adding in their place the
words ‘‘the National Finance Center,
U.S. Customs and Border Protection,
Office of Administration, Revenue
E:\FR\FM\10DER1.SGM
10DER1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
Division, 6650 Telecom Drive, Suite
100, Indianapolis, IN 46278:’’; and
■ (ii) by removing the words ‘‘Customs
assigned number)’’ and adding in their
place the words ‘‘CBP assigned
number)’’;
■ b. Paragraphs (c), (d), and (g) are
amended by removing the words ‘‘the
Financial Management Services Center’’
each place these words appear and
adding in their place the words ‘‘the
National Finance Center’’; and
■ c. Paragraphs (a), (c), (d), (e)(1), and (f)
are amended by removing the word
‘‘Customs’’ each place it appears and
adding in its place the term ‘‘CBP’’.
PART 101—GENERAL PROVISIONS
12. The general and specific authority
citations for part 101 continue to read as
follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1623, 1624,
1646a.
*
*
*
*
*
Section 101.9 also issued under 19 U.S.C.
1411–1414.
§ 101.9
[Amended]
13. In § 101.9:
a. Paragraph (a) is amended:
(i) In the first sentence, by removing
the words ‘‘Commissioner of Customs’’
and adding in its place the words
‘‘Commissioner of CBP’’ and by
removing the words ‘‘Customs
Regulations’’ and adding it its place the
words ‘‘CBP regulations’’; and
■ (ii) in the second sentence, by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’;
■ b. Paragraph (a)(2) is amended by
removing the word ‘‘shall’’ wherever it
appears and adding in each place the
word ‘‘will’’;
■ c. Paragraph (b) is amended:
■ (i) In the first sentence, by removing
the phrase ‘‘as described in section
411(a)(2) of the Tariff Act of 1930 (19
U.S.C. 411),’’ and adding in its place the
phrase ‘‘as described in section 411(a)(2)
of the Tariff Act of 1930, as amended
(19 U.S.C. 1411),’’; by removing the
words ‘‘the Commissioner of Customs’’
and adding in their place the words ‘‘the
Commissioner of CBP’’; and by
removing the words ‘‘Customs
Regulations’’ and adding in their place
the words ‘‘CBP regulations’’; and
■ (ii) in the second sentence, by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’;
■ d. Paragraph (b)(1) is amended by
removing the word ‘‘shall’’ wherever it
appears and adding in each place the
word ‘‘will’’; and
srobinson on DSK4SPTVN1PROD with
■
■
■
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
e. Paragraph (b)(2) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’.
■
PART 102—RULES OF ORIGIN
73309
■
■
■
14. The general authority citation for
part 102 continues to read as follows:
■
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1624, 3314, 3592.
§ 102.20
[Amended]
15. In the table in § 102.20,
a. In paragraph (f), titled ‘‘Section VI:
Chapters 28 through 38’’, the entry for
2933.11–2934.99 is amended by
removing the tariff numbers ‘‘2933.11–
2934.99:’’ that are set forth before the
sentence that begins with the words, ‘‘A
change to’’ in the column headed,
‘‘Tariff shift and/or other requirements’’;
and
b. In paragraph (q), titled ‘‘Section
XVIII: Chapters 90 through 92,’’ the
entry for 9001.10 is amended by
removing the phrase ‘‘or glass performs
of heading 7002’’ in the column headed,
‘‘Tariff shift and/or other requirements’’
and adding in its place the phrase ‘‘or
glass preforms of heading 7002’’.
PART 127—GENERAL ORDER,
UNCLAIMED, AND ABANDONED
MERCHANDISE
16. The general authority citation for
part 127 continues to read as follows:
■
Authority: 19 U.S.C. 66, 1311, 1312, 1484,
1485, 1490, 1491, 1492, 1493, 1506, 1559,
1563, 1623, 1624, 1646a; 26 U.S.C. 5753.
*
§ 127.43
*
*
*
[Amended]
17. Section 127.43(e) is amended by
removing the words ‘‘Office of Finance’’
wherever they appear and adding in
each place the words ‘‘Office of
Administration’’.
■
PART 159—LIQUIDATION OF DUTIES
18. The general authority citations for
part 159 and subpart F are revised, and
a specific authority citation for subpart
D is added, to read as follows:
■
Authority: 19 U.S.C. 66, 1500, 1504, 1624.
*
*
*
*
*
Subpart D also issued under 19 U.S.C. 1671
et seq.
Subpart F also issued under 19 U.S.C.
1675c.
*
*
§ 159.41
*
*
*
[Amended]
19. Section 159.41 is amended:
(i) by removing the number ‘‘353’’ and
adding in its place the number ‘‘351’’;
and
■
■
PO 00000
Frm 00047
Fmt 4700
§ 159.47
[Amended]
20. Section 159.47 is amended:
(i) by removing the number ‘‘353’’ and
adding in its place the number ‘‘351’’;
and
■ (ii) by removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’.
§ 159.63
[Amended]
21. Section 159.63(a) is amended by
removing the words ‘‘Office of Finance’’
and adding in their place the words
‘‘Office of Administration’’.
■
■
*
(ii) by removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’.
Sfmt 4700
PART 161—GENERAL ENFORCEMENT
PROVISIONS
22. The general authority citation for
part 161 continues to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66,
1600, 1619, 1624.
*
*
§ 161.16
*
*
*
[Amended]
23. In § 161.16:
a. Paragraph (a) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘must’’;
■ b. Paragraph (b) is amended, by
removing the words ‘‘Customs Form
4623’’ and adding in it place the words
‘‘DHS Form 4623’’; by removing the
words ‘‘Special Agent in Charge’’
wherever they appear and adding in
their place the words ‘‘Special Agent in
Charge, U.S. Immigration and Customs
Enforcement, Homeland Security
Investigations’’; and by removing the
words ‘‘Customs Headquarters’’
wherever they appear and adding in
their place the words ‘‘CBP
Headquarters’’; and
■ c. Paragraph (b) is further amended:
■ (i) in the first sentence, by removing
the first occurrence of the word ‘‘shall’’
and adding in its place the word
‘‘must’’; and by removing the second
occurrence of the word ‘‘shall’’ and
adding, in its place, the word ‘‘will’’;
and
■ (ii) in the second sentence, by
removing the word ‘‘shall’’ wherever it
appears and adding in each place the
word ‘‘will’’.
■
■
PART 177—ADMINISTRATIVE
RULINGS
24. The general authority citation for
part 177 continues to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States), 1502, 1624,
1625.
§ 177.13
■
[Amended]
25. In § 177.13:
E:\FR\FM\10DER1.SGM
10DER1
73310
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
a. The section heading is revised to
read as set forth below;
■ b. Paragraph (a) introductory text is
amended by removing the word
‘‘Customs’’ each place it appears and
adding in its place the term ‘‘CBP’’;
■ c. Paragraph (a)(2) introductory text is
amended by removing the word ‘‘shall’’
and adding in its place the word ‘‘will’’;
■ d. Paragraph (a)(2)(i) is amended, in
the first sentence, by removing the
reference ‘‘(19 U.S.C. 1514(c)(1))’’ and
adding in its place the reference ‘‘(19
U.S.C. 1514(c)(2))’’;
■ e. Paragraph (b)(1) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘must’’;
■ f. Paragraph (b)(2) is amended, in the
first sentence, by removing the term
‘‘Customs’’ and adding in its place the
word ‘‘CBP’’; and by removing the
words, ‘‘Customs Service’’ wherever it
appears and adding in its place the term
‘‘CBP’’;
■ g. Paragraphs (c) and (f) are amended
by removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’;
■ h. Paragraph (d) is amended:
■ (i) in the first and second sentences,
by removing the term ‘‘the Customs
Service’’ and adding in its place the
term ‘‘CBP’’; and
■ (ii) in the third sentence by removing
the words, ‘‘Customs offices)’’ and
adding in their place the words ‘‘CBP
offices)’’; and
■ i. Paragraph (f) is amended, by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’ and by
removing the term ‘‘Customs Service’’
and adding in its place the term ‘‘CBP’’.
The revision reads as follows:
■
§ 177.13
*
*
Inconsistent CBP decisions.
*
*
*
Dated: November 26, 2012.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2012–29632 Filed 12–7–12; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
srobinson on DSK4SPTVN1PROD with
[CBP Dec. 12–20]
Technical Amendment to List of User
Fee Airports: Addition of Bozeman
Yellowstone International Airport,
Belgrade, MT
U.S. Customs and Border
Protection, Department of Homeland
Security.
AGENCY:
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
Final rule; technical
amendment.
ACTION:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations by revising the list of
user fee airports to reflect the recent
user fee airport designation for Bozeman
Yellowstone International Airport in
Belgrade, Montana. User fee airports are
those airports which, while not
qualifying for designation as
international or landing rights airports,
have been approved by the
Commissioner of CBP to receive, for a
fee, the services of CBP officers for the
processing of aircraft entering the
United States, and the passengers and
cargo of those aircraft.
DATES: Effective Date: December 10,
2012.
FOR FURTHER INFORMATION CONTACT:
Roger Kaplan, Office of Field
Operations, Roger.Kaplan@dhs.gov or
202–325–4543.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Title 19, Part 122, Code of Federal
Regulations (CFR), sets forth regulations
relating to the entry and clearance of
aircraft in international commerce and
the transportation of persons and cargo
by aircraft in international commerce.
Generally, a civil aircraft arriving
from a place outside of the United States
is required to land at an airport
designated as an international airport.
Alternatively, the pilot of a civil aircraft
may request permission to land at a
specific airport, and, if landing rights
are granted, the civil aircraft may land
at that landing rights airport.
Section 236 of Public Law 98–573 (the
Trade and Tariff Act of 1984), codified
at 19 U.S.C. 58b, created an option for
civil aircraft desiring to land at an
airport other than an international
airport or a landing rights airport. A
civil aircraft arriving from a place
outside of the United States may ask for
permission to land at an airport
designated by the Secretary of
Homeland Security as a user fee airport.
Pursuant to 19 U.S.C. 58b, an airport
may be designated as a user fee airport
if the Commissioner of CBP as delegated
by the Secretary of Homeland Security
determines that the volume of business
at the airport is insufficient to justify
customs services at the airport and the
governor of the state in which the
airport is located approves the
designation. Generally, the type of
airport that would seek designation as a
user fee airport would be one at which
a company, such as an air courier
service, has a specialized interest in
regularly landing.
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
As the volume of business anticipated
at this type of airport is insufficient to
justify its designation as an
international or landing rights airport,
the availability of customs services is
not paid for out of appropriations from
the general treasury of the United States.
Instead, customs services are provided
on a fully reimbursable basis to be paid
for by the user fee airport on behalf of
the recipients of the services.
The fees which are to be charged at
user fee airports shall be paid by each
person using the customs services at the
airport and shall be in the amount equal
to the expenses incurred by the
Commissioner of CBP in providing
customs services which are rendered to
such person at such airport, including
the salary and expenses of those
employed by the Commissioner of CBP
to provide the customs services. To
implement this provision, generally, the
airport seeking the designation as a user
fee airport or that airport’s authority
agrees to pay a flat fee for which the
users of the airport are to reimburse the
airport/airport authority. The airport/
airport authority agrees to set and
periodically review the charges to
ensure that they are in accord with the
airport’s expenses.
The Commissioner of CBP designates
airports as user fee airports pursuant to
19 U.S.C. 58b. If the Commissioner
decides that the conditions for
designation as a user fee airport are
satisfied, a Memorandum of Agreement
(MOA) is executed between the
Commissioner of CBP and the local
responsible official signing on behalf of
the state, city or municipality in which
the airport is located. In this manner,
user fee airports are designated on a
case-by-case basis. The regulation
pertaining to user fee airports is 19 CFR
122.15. It addresses the procedures for
obtaining permission to land at a user
fee airport, the grounds for withdrawal
of a user fee designation and includes
the list of user fee airports designated by
the Commissioner of CBP in accordance
with 19 U.S.C. 58b.
Periodically, CBP updates the list of
user fee airports at 19 CFR 122.15(b) to
reflect those that have been recently
designated by the Commissioner. A
MOA approving the designation of user
fee status for Bozeman Yellowstone
International Airport was signed on
March 16, 2012. This document updates
the list of user fee airports by adding
Bozeman Yellowstone International
Airport, in Belgrade, Montana to the list.
E:\FR\FM\10DER1.SGM
10DER1
]]>Agencies
[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73306-73310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29632]
[[Page 73306]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Parts 4, 24, 101, 102, 127, 159, 161 and 177
[CBP Dec. 12-21]
Technical Corrections to U.S. Customs and Border Protection
Regulations
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: U.S. Customs and Border Protection (CBP) periodically reviews
its regulations to ensure that they are current, correct, and
consistent. Through this review process, CBP has discovered a number of
discrepancies. This document amends various sections of title 19 of the
Code of Federal Regulations (19 CFR) to correct those discrepancies.
DATES: The final rule is effective December 10, 2012.
FOR FURTHER INFORMATION CONTACT: Maria Lloyd, Trade and Commercial
Regulations Branch, Regulations and Rulings, Office of International
Trade, (202) 325-0369.
SUPPLEMENTARY INFORMATION:
Background
It is the policy of U.S. Customs and Border Protection (CBP) to
periodically review title 19 of the Code of Federal Regulations (19
CFR) to ensure that it is accurate and up-to-date so that the importing
and general public are aware of CBP requirements and procedures
regarding import-related activities. As part of this review policy, CBP
has determined that certain corrections are necessary affecting parts
4, 24, 101, 102, 127, 159, 161 and 177 of the CBP regulations (19 CFR
parts 4, 24, 101, 102, 127, 159, 161 and 177).
Discussion of Changes
Part 4
Section 4.7 of the CBP regulations (19 CFR 4.7) sets forth
requirements regarding vessel manifests. Section 4.21 of the CBP
regulations (19 CFR 4.21) concerns exemptions from tonnage taxes.
Section 4.83 of the CBP regulations (19 CFR 4.83) governs trade between
United States ports on the Great Lakes and other ports of the United
States. Sections 4.7, 4.21 and 4.83 each contain references to a Great
Lakes license endorsement. The statutory provision providing for a
Great Lakes endorsement, formerly found in 46 U.S.C. 12107, was
repealed by Sec. 1115(a) of the Coast Guard Authorization Act of 1996,
Public Law 104-324 (October 19, 1996). Accordingly, this document makes
conforming amendments to 19 CFR Part 4 by removing references to the
Great Lakes endorsement in Sec. 4.7; by removing paragraphs (b)(11)
and (b)(12) of Sec. 4.21, which pertain to vessels with Great Lakes
endorsements, and by removing paragraph (b) of Sec. 4.83, which also
pertains to vessels with Great Lakes endorsements. In addition,
paragraph (a) of Sec. 4.7 contains a typographical error. As such,
paragraph (a) in Sec. 4.7 is amended by replacing the word
``Statment'' with the word ``Statement''. Section 4.85 of the CBP
regulations (19 CFR 4.85) concerns vessels with residue cargo for
domestic ports. Section 4.85 contains a reference to a Great Lakes
license endorsement, which was formally repealed, as discussed above.
Accordingly, this document makes conforming amendments to paragraph (a)
in Sec. 4.85.
Sections 4.80 and 4.80a of the CBP regulations (19 CFR 4.80 and
4.80a) concern coastwise transportation of passengers or merchandise.
Each section contains certain outdated statutory references. Public Law
109-304, titled ``To complete the codification of title 46, United
States Code, ``Shipping'', as positive law'' enacted on October 6,
2006, recodified, reorganized and amended title 46, United States Code,
including its Appendix. The Jones Act, formerly 46 U.S.C. App. 883, is
recodified as 46 U.S.C. 55102. The Passenger Vessel Services Act,
formerly 46 U.S.C. App. 289, is now recodified as 46 U.S.C. 55103.
Former 46 U.S.C. App. 289c is recodified and now found at 46 U.S.C.
55104. Former 46 U.S.C. 12106(d) is recodified and now found at 46
U.S.C. 12117. Accordingly, this document makes the necessary technical
amendments to paragraphs (b), (f) and (h) of Sec. 4.80 and paragraphs
(b), (c) and (d) of Sec. 4.80a to conform to the above-referenced
statutory changes.
Part 24
Section 24.5 of the CBP regulations (19 CFR 24.5) contains the
legacy agency name and an outdated office name and address for CBP's
National Finance Center. Accordingly, Sec. 24.5(f) is amended to
remove the outdated information and replace it with the current agency
name, office name, and address of the National Finance Center.
Section 24.24 of the CBP regulations (19 CFR 24.24) sets forth
CBP's financial and accounting procedures. This section makes reference
to the ``Office of Finance.'' On November 23, 2009, CBP reorganized the
``Office of Finance'' as the ``Office of Administration'' and changed
its name to better communicate, internally and externally, the scope of
the office's responsibilities. The Office of Administration oversees
all aspects of financial management and accountability for CBP
including: accounting and budget; financial systems; procurement and
acquisition; facilities and engineering; asset management and
investment management, and oversight of all financial operations within
CBP. As appropriate, the term ``Office of Finance'' is removed wherever
it appears and is replaced with the term ``Office of Administration''.
Accordingly, this document makes non-substantive amendments to
Sec. Sec. 24.24(c)(8)(i), 24.24(e)(1)(ii), 24.24(e)(2)(iii),
24.24(e)(3)(ii), 24.24 (e)(4)(iii) and 24.24(e)(4)(iv)(A) to reflect
the correct nomenclature and to Sec. 24.24(e)(4)(iv)(B)(5), to reflect
the nomenclature change of ``Customs'' to ``CBP.''
Section 24.26 of the CBP regulations (19 CFR 24.26) contains in
various paragraphs an outdated office name, that is, the Financial
Management Service Center, and an outdated address for CBP's National
Finance Center to where certain applications to participate in a
program are to be mailed. Accordingly, paragraphs (b), (c), (d) and (g)
of Sec. 24.26 are amended to replace the outdated office name and
address with the current office name, Revenue Division, and address of
the National Finance Center. Section 24.26 is further amended by
replacing the word ``Customs'' with the term ``CBP'' in paragraphs (a),
(c), (d), (e)(1), and (f).
Part 101
Section 101.9 of the CBP regulations (19 CFR 101.9) sets forth the
test programs or procedures for evaluating the effectiveness of new
technologies or operational procedures. Section 101.9 contains a
typographical error in the citation of section 411(a)(2) of the Tariff
Act of 1930. Section 101.9 is amended by correcting the citation to
read ``(19 U.S.C. 1411(a)(2)),'' in paragraph (b). Section 101.9 is
further amended by replacing the words ``Commissioner of Customs'' with
the words ``Commissioner of CBP''; by replacing the reference to
``Customs Regulations'' with a reference to ``CBP regulations''; and by
replacing the word ``shall'' with the word ``will''.
Part 102
Section 102.20 of the CBP regulations (19 CFR 102.20) sets forth
the specific rules of origin by tariff classification. In
[[Page 73307]]
paragraph (f) of Sec. 102.20, titled ``Section VI: Chapters 28 through
38'', the entry for 2933.11--2934.99 contains duplicative tariff
numbers that should appear only in the column headed, ``HTSUS.'' As
such, section 102.20(f) is amended by removing the tariff numbers
``2933.11--2934.99:'' that are set forth before the sentence that
begins with the words, ``A change to'' in the column headed, ``tariff
shift and/or other requirements''.
Paragraph (q) of Sec. 102.20, titled ``Section XVIII: Chapters 90
through 92'' contains a typographical error in the entry for subheading
9001.10, HTSUS, that provides for the tariff shift rule which
encompasses optical fibers and optical fiber bundles and cables. As
such, section 102.20(q) is amended by removing the typographical error
of the word ``performs'' and replacing it with the word ``preforms'' in
the entry for subheading 9001.90, HTSUS.
Parts 127
Section 127.43 of the CBP regulations (19 CFR 127.43) sets forth
regulations regarding establishing title to unclaimed and abandoned
merchandise which has vested in the government. This section makes a
reference to the outdated ``Office of Finance.'' Accordingly, this
document amends Sec. 127.43(e) to reflect the correct nomenclature.
Part 159
Sections 159.41 and 159.47 of the CBP regulations (19 CFR 159.41
and 159.47) concern the special duties of antidumping and
countervailing, respectively. These sections contain an outdated
reference to the Department of Commerce's International Trade
Administration (ITA) regulations. ITA promulgated a single new part 351
and removed parts 353 and 355 from 19 CFR chapter III by a final rule
published in the Federal Register (62 FR 27296, May 19, 1997).
Accordingly, Sec. Sec. 159.41 and 159.47 are amended to conform the
CBP regulations with the ITA regulations by removing the outdated
reference to part 353 and replacing it with part 351.
Section 159.63 of the CBP regulations (19 CFR 159.63) pertains to
CBP receiving a certification from certain domestic producers to make a
distribution of an offset under the antidumping and countervailing
laws. This section makes references to the outdated ``Office of
Finance.'' Accordingly, this document amends Sec. 159.63(a) to reflect
the correct nomenclature.
Part 161
Section 161.16 of the CBP regulations (19 CFR 161.16) pertains to
filing a claim for informant compensation. This section contains an
outdated reference to a Customs form that was abolished and replaced by
a DHS form and an outdated reference to an investigative position.
Accordingly, Sec. 161.16(b) is amended by replacing the reference to
``Customs Form 4623'' with the reference to ``DHS Form 4623''; by
replacing the outdated position in the former Customs Service of
``Special Agent in Charge'' with the current position of ``Special
Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland
Security Investigations''; and by replacing ``Customs Headquarters''
with the reference to ``CBP Headquarters''. Also, the word ``shall'' is
replaced with either ``must'' or ``will'', as appropriate, in
paragraphs (a) and (b) of Sec. 161.16 to conform with the plain
English mandate.
Part 177
Section 177.13 of the CBP regulations (19 CFR 177.13) pertains to
inconsistent customs decisions. This section contains an incorrect
statutory citation. Accordingly, the first sentence in paragraph
(a)(2)(i) of Sec. 177.13 is amended by removing the incorrect
reference to ``(19 U.S.C. 1514(c) (1))'' and replacing it with the
reference to ``(19 U.S.C. 1514(c)(2))''. Also, section 177.13 is
amended by making non-substantive editorial and nomenclature
amendments. As appropriate, the word ``Customs'' is replaced with the
term ``CBP'' in the context of either a CBP official(s), CBP offices or
CBP Headquarters in the title of the section, paragraph (a), the first
sentence of paragraph (b)(2), and paragraph (d) of Sec. 177.13. The
words ``Customs Service'' are replaced with the term ``CBP'' in
paragraphs (b)(2), (d), and (f) of Sec. 177.13. Additionally, the word
``shall'' is replaced with the word ``will'' in paragraphs (a)(2), (c),
and (f) of Sec. 177.13. Finally, paragraph (b)(1) of Sec. 177.13 is
amended, by replacing the word ``shall'' with the word ``must''.
Inapplicability of Notice and Delayed Effective Date
Because the technical corrections set forth in this document merely
conform to existing law and regulation, CBP finds that good cause
exists for dispensing with notice and public procedure as unnecessary
under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C.
553(d)(3), CBP finds that good cause exists for dispensing with the
requirement for a delayed effective date.
Regulatory Flexibility Act
Because this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Executive Order 12866
These amendments do not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866, as
supplemented by Executive Order 13563.
Signing Authority
This document is limited to technical corrections of the CBP
regulations. Accordingly, it is being signed under the authority of 19
CFR 0.1(b)(1).
List of Subjects
19 CFR Part 4
Customs duties and inspection, Exports, Freight, Harbors, Maritime
carriers, Reporting and recordkeeping requirements, Vessels.
19 CFR Part 24
Accounting, Customs duties and inspection, Fees, Financial and
accounting procedures, Imports, Interest, Reporting and recordkeeping
requirements, User fees.
19 CFR Part 101
Administrative practice and procedure, Customs duties and
inspection, Organizations and functions (government agencies), Tests.
19 CFR Part 102
Customs duties and inspection, Imports, Reporting and recordkeeping
requirements, Rules of origin, Trade Agreements.
19 CFR Part 127
Customs duties and inspection, Exports, Freight, Reporting and
recordkeeping requirements.
19 CFR Part 159
Antidumping (liquidation of duties), Countervailing duties
(liquidation of duties), Customs duties and inspection, Liquidations of
entries for merchandise.
19 CFR Part 161
Customs duties and inspection, Imports, Law Enforcement.
19 CFR Part 177
Administrative practice and procedure, Customs duties and
inspection, Reporting and recordkeeping requirements, Rulings.
[[Page 73308]]
Amendments to the CBP Regulations
For the reasons set forth above, parts 4, 24, 101, 102, 127, 159,
161 and 177 of the CBP regulations (19 CFR parts 4, 24, 101, 102, 127,
159, 161 and 177) are amended as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
1. The general authority citation for part 4 continues, and the
specific authority citations for Sec. Sec. 4.7, 4.21, 4.80 and 4.83
are revised to read as follows:
Authority: 5. U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624,
2071 note; 46 U.S.C. 501, 60105.
* * * * *
Section 4.7 also issued under 19 U.S.C. 1581(a);
* * * * *
Section 4.21 also issued under 19 U.S.C. 1441; 46 U.S.C. 60301-
60310, 60312;
* * * * *
Sections 4.80, 4.80a, and 4.80b also issued under 19 U.S.C.
1706a; 28 U.S.C. 2461 note; 46 U.S.C. 12112, 12117, 12118, 50501-
55106, 55107, 55108, 55110, 55114, 55115, 55116, 55117, 55119,
56101, 55121, 56101, 57109; Pub. L. 108-7, Division B, Title
II,Sec. 211;
* * * * *
Section 4.83 also issued under 46 U.S.C. 60105, 60308;
* * * * *
Sec. 4.7 [Amended]
0
2. In Sec. 4.7:
0
a. Paragraph (a) is amended by removing the word ``Statment'' and
adding in its place the word ``Statement''.
0
b. Paragraph (d)(1)(i) is amended by removing the words ``, or Great
Lakes license endorsement''; and by removing the phrase ``, to be
employed in the foreign, coastwise, or Great Lakes trade, or'' and
adding in its place the phrase ``to be employed in the foreign or
coastwise trade, or''.
Sec. 4.21 [Amended]
0
3. In Sec. 4.21:
0
a. Paragraphs (b)(11) and (b)(12) are removed; and
0
b. Existing paragraphs (b)(13) through (b)(17) are redesignated as
paragraphs (b)(11) through (b)(15).
Sec. 4.80 [Amended]
0
4. In Sec. 4.80:
0
a. Paragraph (b)(1) is amended by removing the citation ``(46 U.S.C.
883)'' and adding in its place the citation ``(46 U.S.C. 55102)'';
0
b. Paragraph (b)(2) is amended by removing the parenthetical phrase
``(46 U.S.C. App. 289, as adjusted by the Federal Civil Penalties
Inflation Adjustment Act of 1990)'' and adding in its place the
parenthetical phrase ``(46 U.S.C. 55103, as adjusted by the Federal
Civil Penalties Inflation Act of 1990)'';
0
c. Paragraph (f) is amended, in the third sentence, by removing the
parenthetical phrase ``(section 9 of the Act of Sept. 7, 1916, as
amended, 46 U.S.C. 808).'' and adding in its place the parenthetical
phrase ``(section 9 of the Act of Sept. 7, 1916, as amended, 46 U.S.C.
56101 and 57109).'';
0
d. Paragraph (h) is amended:
0
(i) at the end of the first sentence, by removing the parenthetical
phrase ``(46 U.S.C. 12106(d)).'' and adding in its place the
parenthetical phrase ``(46 U.S.C. 12117).'';
0
(ii) at the beginning of the second sentence, by removing the words
``Notwithstanding 46 U.S.C. App. 883,'' and adding in its place the
words ``Notwithstanding 46 U.S.C. 55102,''; and
0
(iii) by revising the last sentence of paragraph (h).
The revision reads as follows:
Sec. 4.80 Vessels entitled to engage in coastwise trade.
* * * * *
(h) * * * Such vessel may also engage in any other employment for
which a registry or fishing endorsement is not required, and may
qualify to operate for other purposes by meeting the applicable
requirements of 46 CFR part 67.
* * * * *
Sec. 4.80a [Amended]
0
5. In Sec. 4.80a:
0
a. Paragraph (b) is amended, in the first sentence, by removing the
citation ``(46 U.S.C. 289)'' and adding in its place the citation ``(46
U.S.C. 55103)'';
0
b. Paragraph (c) is amended by removing the language ``a finding under
46 U.S.C. 289c'' and adding in its place ``a finding under 46 U.S.C.
55104''; and
0
c. Paragraph (d) is amended by removing the language ``in violation of
46 U.S.C. 289'' and adding in its place ``in violation of 46 U.S.C.
55103''.
Sec. 4.83 [Amended]
0
6. In Sec. 4.83:
0
a. Paragraph (a) is amended by removing the designation (a); and
0
b. Paragraph (b) is removed.
Sec. 4.85 [Amended]
0
7. Paragraph (a) in Sec. 4.85 is amended by removing the phrase ``or,
where appropriate, a Great Lakes license endorsement,'' and adding in
its place the word ``endorsement,''.
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
0
8. The general authority citation for part 24 continues to read 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. 3717, 9701; Public Law
107-296, 116 Stat. 2135 (6 U.S.C. 1 et. seq.).
* * * * *
Sec. 24.5 [Amended]
0
9. Paragraph (f) in Sec. 24.5 is amended, in the last sentence, by
removing the words ``U.S. Customs Service, Accounting Services--
Accounts Receivable, 6026 Lakeside Boulevard, Indianapolis, Indiana
46278,'' and adding in their place the words ``the National Finance
Center, U.S. Customs and Border Protection, Office of Administration,
Revenue Division, 6650 Telecom Drive, Suite 100, Indianapolis, IN
46278,''.
Sec. 24.24 [Amended]
0
10. In Sec. 24.24:
0
a. Paragraph (c)(8)(i) is amended by removing the words ``Office of
Finance'' and adding in their place the words ``Office of
Administration'';
0
b. Paragraph (e)(1)(ii) is amended by removing the words ``Office of
Finance'' and adding in their place the words ``Office of
Administration'';
0
c. Paragraph (e)(2)(iii) is amended by removing the words ``Office of
Finance'' and adding in their place the words ``Office of
Administration'';
0
d. Paragraph (e)(3)(ii) is amended by removing the words ``Office of
Finance'' and adding in their place the words ``Office of
Administration'';
0
e. Paragraph (e)(4)(iii) is amended by removing the words ``Office of
Finance'' and adding in their place the words ``Office of
Administration'';
0
f. Paragraph (e)(4)(iv)(A) is amended by removing the words ``Office of
Finance'' and adding in their place the words ``Office of
Administration''; and
0
g. Paragraph (e)(4)(iv)(B)(5) is amended by removing the words ``notify
Customs'' and adding in their place the words ``notify CBP''.
Sec. 24.26 [Amended]
0
11. In Sec. 24.26:
0
a. Paragraph (b) is amended:
0
(i) by removing the words ``the Financial Management Services Center,
U.S. Customs Service, 6026 Lakeside Boulevard, Indianapolis, Indiana
46278:'' and adding in their place the words ``the National Finance
Center, U.S. Customs and Border Protection, Office of Administration,
Revenue
[[Page 73309]]
Division, 6650 Telecom Drive, Suite 100, Indianapolis, IN 46278:''; and
0
(ii) by removing the words ``Customs assigned number)'' and adding in
their place the words ``CBP assigned number)'';
0
b. Paragraphs (c), (d), and (g) are amended by removing the words ``the
Financial Management Services Center'' each place these words appear
and adding in their place the words ``the National Finance Center'';
and
0
c. Paragraphs (a), (c), (d), (e)(1), and (f) are amended by removing
the word ``Customs'' each place it appears and adding in its place the
term ``CBP''.
PART 101--GENERAL PROVISIONS
0
12. The general and specific authority citations for part 101 continue
to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624,
1646a.
* * * * *
Section 101.9 also issued under 19 U.S.C. 1411-1414.
Sec. 101.9 [Amended]
0
13. In Sec. 101.9:
0
a. Paragraph (a) is amended:
0
(i) In the first sentence, by removing the words ``Commissioner of
Customs'' and adding in its place the words ``Commissioner of CBP'' and
by removing the words ``Customs Regulations'' and adding it its place
the words ``CBP regulations''; and
0
(ii) in the second sentence, by removing the word ``shall'' and adding
in its place the word ``will'';
0
b. Paragraph (a)(2) is amended by removing the word ``shall'' wherever
it appears and adding in each place the word ``will'';
0
c. Paragraph (b) is amended:
0
(i) In the first sentence, by removing the phrase ``as described in
section 411(a)(2) of the Tariff Act of 1930 (19 U.S.C. 411),'' and
adding in its place the phrase ``as described in section 411(a)(2) of
the Tariff Act of 1930, as amended (19 U.S.C. 1411),''; by removing the
words ``the Commissioner of Customs'' and adding in their place the
words ``the Commissioner of CBP''; and by removing the words ``Customs
Regulations'' and adding in their place the words ``CBP regulations'';
and
0
(ii) in the second sentence, by removing the word ``shall'' and adding
in its place the word ``will'';
0
d. Paragraph (b)(1) is amended by removing the word ``shall'' wherever
it appears and adding in each place the word ``will''; and
0
e. Paragraph (b)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will''.
PART 102--RULES OF ORIGIN
0
14. The general authority citation for part 102 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1624, 3314, 3592.
Sec. 102.20 [Amended]
0
15. In the table in Sec. 102.20,
a. In paragraph (f), titled ``Section VI: Chapters 28 through 38'',
the entry for 2933.11-2934.99 is amended by removing the tariff numbers
``2933.11-2934.99:'' that are set forth before the sentence that begins
with the words, ``A change to'' in the column headed, ``Tariff shift
and/or other requirements''; and
b. In paragraph (q), titled ``Section XVIII: Chapters 90 through
92,'' the entry for 9001.10 is amended by removing the phrase ``or
glass performs of heading 7002'' in the column headed, ``Tariff shift
and/or other requirements'' and adding in its place the phrase ``or
glass preforms of heading 7002''.
PART 127--GENERAL ORDER, UNCLAIMED, AND ABANDONED MERCHANDISE
0
16. The general authority citation for part 127 continues to read as
follows:
Authority: 19 U.S.C. 66, 1311, 1312, 1484, 1485, 1490, 1491,
1492, 1493, 1506, 1559, 1563, 1623, 1624, 1646a; 26 U.S.C. 5753.
* * * * *
Sec. 127.43 [Amended]
0
17. Section 127.43(e) is amended by removing the words ``Office of
Finance'' wherever they appear and adding in each place the words
``Office of Administration''.
PART 159--LIQUIDATION OF DUTIES
0
18. The general authority citations for part 159 and subpart F are
revised, and a specific authority citation for subpart D is added, to
read as follows:
Authority: 19 U.S.C. 66, 1500, 1504, 1624.
* * * * *
Subpart D also issued under 19 U.S.C. 1671 et seq.
Subpart F also issued under 19 U.S.C. 1675c.
* * * * *
Sec. 159.41 [Amended]
0
19. Section 159.41 is amended:
0
(i) by removing the number ``353'' and adding in its place the number
``351''; and
0
(ii) by removing the word ``shall'' and adding in its place the word
``will''.
Sec. 159.47 [Amended]
0
20. Section 159.47 is amended:
0
(i) by removing the number ``353'' and adding in its place the number
``351''; and
0
(ii) by removing the word ``shall'' and adding in its place the word
``will''.
Sec. 159.63 [Amended]
0
21. Section 159.63(a) is amended by removing the words ``Office of
Finance'' and adding in their place the words ``Office of
Administration''.
PART 161--GENERAL ENFORCEMENT PROVISIONS
0
22. The general authority citation for part 161 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1600, 1619, 1624.
* * * * *
Sec. 161.16 [Amended]
0
23. In Sec. 161.16:
0
a. Paragraph (a) is amended by removing the word ``shall'' and adding
in its place the word ``must'';
0
b. Paragraph (b) is amended, by removing the words ``Customs Form
4623'' and adding in it place the words ``DHS Form 4623''; by removing
the words ``Special Agent in Charge'' wherever they appear and adding
in their place the words ``Special Agent in Charge, U.S. Immigration
and Customs Enforcement, Homeland Security Investigations''; and by
removing the words ``Customs Headquarters'' wherever they appear and
adding in their place the words ``CBP Headquarters''; and
0
c. Paragraph (b) is further amended:
0
(i) in the first sentence, by removing the first occurrence of the word
``shall'' and adding in its place the word ``must''; and by removing
the second occurrence of the word ``shall'' and adding, in its place,
the word ``will''; and
0
(ii) in the second sentence, by removing the word ``shall'' wherever it
appears and adding in each place the word ``will''.
PART 177--ADMINISTRATIVE RULINGS
0
24. The general authority citation for part 177 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1502, 1624, 1625.
Sec. 177.13 [Amended]
0
25. In Sec. 177.13:
[[Page 73310]]
0
a. The section heading is revised to read as set forth below;
0
b. Paragraph (a) introductory text is amended by removing the word
``Customs'' each place it appears and adding in its place the term
``CBP'';
0
c. Paragraph (a)(2) introductory text is amended by removing the word
``shall'' and adding in its place the word ``will'';
0
d. Paragraph (a)(2)(i) is amended, in the first sentence, by removing
the reference ``(19 U.S.C. 1514(c)(1))'' and adding in its place the
reference ``(19 U.S.C. 1514(c)(2))'';
0
e. Paragraph (b)(1) is amended by removing the word ``shall'' and
adding in its place the word ``must'';
0
f. Paragraph (b)(2) is amended, in the first sentence, by removing the
term ``Customs'' and adding in its place the word ``CBP''; and by
removing the words, ``Customs Service'' wherever it appears and adding
in its place the term ``CBP'';
0
g. Paragraphs (c) and (f) are amended by removing the word ``shall''
and adding in its place the word ``will'';
0
h. Paragraph (d) is amended:
0
(i) in the first and second sentences, by removing the term ``the
Customs Service'' and adding in its place the term ``CBP''; and
0
(ii) in the third sentence by removing the words, ``Customs offices)''
and adding in their place the words ``CBP offices)''; and
0
i. Paragraph (f) is amended, by removing the word ``shall'' and adding
in its place the word ``will'' and by removing the term ``Customs
Service'' and adding in its place the term ``CBP''.
The revision reads as follows:
Sec. 177.13 Inconsistent CBP decisions.
* * * * *
Dated: November 26, 2012.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-29632 Filed 12-7-12; 8:45 am]
BILLING CODE 9111-14-P
