Technical Corrections Regarding the Methods of Collection of Certain User Fees by CBP, 5133-5137 [2013-01166]
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations
PART 97—STANDARD INSTRUMENT
APPROACH PROCEDURES
1. The authority citation for part 97
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40106,
40113, 40114, 40120, 44502, 44514, 44701,
44719, 44721–44722.
AIRAC
Date
State
2. Part 97 is amended to read as
follows:
By amending: § 97.23 VOR, VOR/
DME, VOR or TACAN, and VOR/DME
or TACAN; § 97.25 LOC, LOC/DME,
LDA, LDA/DME, SDF, SDF/DME;
§ 97.27 NDB, NDB/DME; § 97.29 ILS,
ILS/DME, MLS, MLS/DME, MLS/RNAV;
■
City
Airport
FDC No.
§ 97.31 RADAR SIAPs; § 97.33 RNAV
SIAPs; and § 97.35 COPTER SIAPs,
Identified as follows:
* * * Effective Upon Publication
FDC Date
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[FR Doc. 2013–01364 Filed 1–23–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 24
[CBP Dec. 13–03]
Technical Corrections Regarding the
Methods of Collection of Certain User
Fees by CBP
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule.
AGENCY:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations in order to clarify that
any applicable Animal and Plant Health
Inspection Service (APHIS) user fee,
which is called an Agricultural
Quarantine and Inspection (AQI) user
fee, for commercial trucks will be
collected by CBP upon arrival into the
United States at the same time that CBP
collects its portion of this user fee and
to reflect certain administrative changes
pertaining to the collection of user fees.
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SUMMARY:
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The regulation also clarifies that
transponders have replaced decals for
commercial truck user fee purposes and
indicates that the Internet portal
through which the public obtains decals
and transponders has been renamed the
‘‘Decal and Transponder Online
Procurement System (DTOPS).’’ In
addition, the user fee decal program,
certain administrative aspects of which
had previously been managed by a
private bank under a contract with CBP,
is currently being administered entirely
within CBP, and this document updates
the addresses to which applicable forms
and payments are to be mailed as a
result of this change. Finally, this
document amends the applicable
regulations to provide for certain
updated CBP form numbers, and to
make nomenclature changes reflecting
the transfer of CBP to the Department of
Homeland Security. It should be noted
that the amendments set forth in this
document will not result in any change
to the amount of the actual user fees.
This final rule is effective on
January 24, 2013.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sarah Kubon, Chief, Project
Development and Oversight Section,
Programs Branch, Revenue Division,
PO 00000
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5133
Subject
RNAV (GPS) RWY 18, Orig.
RNAV (GPS) RWY 22, Orig.
RNAV (GPS) RWY 28, Orig–A.
NDB RWY 22, Amdt 16.
RNAV (GPS) RWY 10, Orig–A.
RNAV (GPS) RWY 4, Orig–A.
COPTER ILS OR LOC/DME
RWY 13, Amdt 1B.
ILS OR LOC RWY 13, Amdt 8.
VOR/DME–A, Amdt 4.
NDB RWY 4, Amdt 4.
RNAV (GPS) RWY 4, Orig.
TAKEOFF MINIMUMS AND (OBSTACLE) DP, Amdt 4.
TAKEOFF MINIMUMS AND (OBSTACLE) DP, Orig.
ILS OR LOC RWY 9, ILS RWY 9
(CAT II), Amdt 12.
RNAV (GPS) RWY 9, Amdt 1.
RNAV (GPS) RWY 27, Amdt 1.
RNAV (GPS) RWY 16, Amdt 1.
VOR RWY 27, Amdt 5.
ILS OR LOC RWY 27, Amdt 1.
Office of Administration, (317) 614–
4917.
SUPPLEMENTARY INFORMATION:
Background
U.S. Customs and Border Protection
(CBP) collects user fees to pay for the
costs incurred in providing customs
services in connection with certain
activities under the authority of section
13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985
(COBRA), as amended, codified at
section 19 U.S.C. 58c. These user fees
offset inspection costs that were
previously funded solely by general
taxpayer revenue. Sections 24.22(b)–(e)
and (g) of the CBP regulations (19 CFR
24.22(b)–(e) and (g)) provide that, under
certain circumstances, user fees must be
paid upon arrival into the United States
of certain commercial vessels, barges,
and other bulk carriers from Canada or
Mexico; commercial trucks; railroad
cars; certain private vessels or private
aircraft; and passengers aboard
commercial vessels and commercial
aircraft. Section 24.22(f) of the CBP
regulations (19 CFR 24.22(f)) provides
that a processing fee will be assessed for
the addressee of each item of dutiable
mail for which a CBP officer prepares
documentation. The specific user fees
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations
charged for each type of arrival and the
procedures for payment are also set
forth under § 24.22.
For user fee collection purposes, it
should be noted that the term ‘‘decals’’
refers to stickers that are required to be
placed on private aircraft or private
vessels 30 feet or more in length as
proof that applicable user fees for entry
into the United States have been paid
for the calendar year. The term
‘‘transponders’’, on the other hand,
refers to paper stickers which contain a
chip that electronically transmits
confirmation that applicable user fees
for commercial trucks have been paid
for the calendar year.
The purpose of this document is to
make technical changes to the
regulations regarding the collection of
user fees. This document: clarifies that
CBP collects the Animal and Plant
Health Inspection Service (APHIS)
portion of the commercial truck user
fee, which is called an Agricultural
Quarantine and Inspection (AQI) user
fee by the U.S. Department of
Agriculture in part 354 of title 7 of the
Code of Federal Regulations (7 CFR part
354), upon arrival into the United
States; renames the Internet portal
through which the public obtains decals
and transponders; updates addresses to
which applicable forms and payments
are to be mailed; replaces decals with
transponders for commercial truck user
fee purposes; updates CBP form
numbers; organizes the structure of
§ 24.22; and makes nomenclature
changes reflecting the transfer of CBP to
the Department of Homeland Security.
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Discussion of Amendments
Animal and Plant Health Inspection
Service (APHIS)/Agricultural
Quarantine and Inspection (AQI) and
CBP User Fees
The Animal and Plant Health
Inspection Service (APHIS) of the U.S.
Department of Agriculture is
responsible for protecting and
promoting U.S. agricultural health,
regulating genetically engineered
organisms, and monitoring and
promoting wildlife management and
animal welfare. The regulations in part
354 of title 7 of the Code of Federal
Regulations (7 CFR part 354) set forth
the user fees for import- and exportrelated services provided by APHIS.
Although not specifically set forth in the
CBP regulations, the applicable APHIS/
AQI user fee for commercial trucks have
customarily been collected by CBP on
behalf of APHIS. To facilitate entry and
provide transparency to the entry
process for commercial trucks, this
document sets forth amendments to
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§§ 24.22(c)(1), (c)(2), (c)(3), and (i)(3)) of
the CBP regulations (19 CFR 24.22(c)(1),
(c)(2), (c)(3), and (i)(3)) to clarify in the
regulatory text that the applicable
APHIS/AQI and CBP user fees for
commercial trucks are collected by CBP
upon arrival into the United States. The
CBP user fee and the APHIS/AQI user
fee are collected together, either in an
annual payment, in which case a
transponder is issued, or CBP collects
the two fees in one payment on a perarrival basis. This document also makes
corresponding amendments to
§ 24.22(i)(3), relating to the applicable
class codes and payment locations for
commercial truck user fee purposes, by
inserting the applicable class codes for
the payment of APHIS/AQI fees. In this
regard, the APHIS/AQI class code for an
individual arrival is ‘‘482’’ and the
APHIS/AQI class code reflecting the
prepayment of fees for the maximum
calendar year fee is ‘‘483.’’
Commercial Trucks and Transponders
Section 24.22(c) sets forth the
regulations pertaining to the user fees
for commercial trucks. Section
24.22(c)(2), pertaining to fee limitations,
currently provides that no user fee for
the arrival of a commercial truck will be
collected if the specified prepayment
has been made and a decal has been
affixed to the vehicle’s windshield. In a
document published in the Federal
Register (71 FR 20922) on April 24,
2006, CBP noted that transponders have
replaced decals for commercial truck
user fee purposes.
Accordingly, this document amends
§ 24.22(c)(2) of the CBP regulations (19
CFR 24.22(c)(2)) to clarify that a user fee
for the arrival of a commercial truck will
not be collected every time the vehicle
crosses the border if the specified
prepayment of both the CBP fee and the
APHIS/AQI fee has been made and a
transponder has been affixed to the
vehicle’s windshield. This document
makes corresponding amendments to
§ 24.22(c)(3), pertaining to the
prepayment of user fees for commercial
trucks, by replacing certain references to
‘‘decal’’ with reference to ‘‘transponder’’
as set forth below. CBP notes that
transponders do not have to be
physically replaced upon renewal each
year if they continue to function
properly.
Decal and Transponder Online
Procurement System (DTOPS) and
Address Updates
As discussed earlier, decals are used
for private aircraft or private vessels 30
feet or more in length, and transponders
are used for commercial trucks. User fee
prepayments and quarterly payments
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Sfmt 4700
submitted to CBP on the Internet or
through the mail were previously
processed by a private bank pursuant to
a contract with CBP under a program
generally referred to as the ‘‘User Fee
Decal Program.’’ Upon the expiration of
the contract with the private bank, CBP
decided to process user fee prepayment
and quarterly payment requests inhouse to enhance CBP’s user fee
collection efforts and to reduce
operating costs associated with
administering the program. CBP has
decided to rename the Internet portal
through which online prepayments for
decals and transponders are submitted
as the ‘‘Decal and Transponder Online
Procurement System (DTOPS)’’ to more
accurately reflect that transponders, as
well as decals, are available on the
system. As with the User Fee Decal
Program, decal and transponder
prepayment requests made by credit
card under DTOPS may still be made
via the Internet through the ‘‘Travel’’
link at CBP’s Web site at https://
www.cbp.gov. CBP is able to process
user fee prepayment requests and accept
electronic payments through the
DTOPS.
While CBP’s preferred method of
receiving user fee prepayment requests
and user fee payments is through
DTOPS, requests and payments also
may also be made by mail. This
document amends § 24.22(c)(3) (private
vessels or private aircraft) and
§ 24.22(e)(2) (private vessels or private
aircraft) to reflect the correct mailing
address for these purposes. The correct
mailing address for these purposes is:
‘‘U.S. Customs and Border Protection,
Attn: DTOPS Program Administrator,
6650 Telecom Drive, Suite 100,
Indianapolis, IN 46278.’’ This document
further updates the address to which
user fee prepayments are to be mailed
and processed for railroad cars in
§§ 24.22(d)(3) and (d)(4)(ii) and for
quarterly payments relating to the
arrival of passengers aboard commercial
vessels and commercial aircraft in
§ 24.22(g)(5) by cross-referencing the
address listed in § 24.22(i). The correct
address for these purposes is: ‘‘U.S.
Customs and Border Protection,
Revenue Division, Attn: User Fee Team,
6650 Telecom Drive, Suite 100,
Indianapolis, IN 46278.’’
Prepayment at the Port
Section 24.22 of the CBP regulations
(19 CFR 24.22) contains specific
guidelines concerning the prepayment
of user fees. Under the current
regulations, the prepayment of user fees
may be made on the Internet, through
the mail, or at the port of arrival, but it
should be noted that the accepted
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method of prepayment varies based
upon the type of arrival. For example,
under the current regulations,
§ 24.22(b)(3) provides that user fee
prepayments for certain commercial
vessels must be made at the CBP port
office, whereas user fee prepayments for
commercial trucks (§ 24.22(c)(3)) and
private vessels or aircraft (§ 24.22(e)(2))
may be made on the Internet, through
the mail, and, under certain
circumstances, at the port.
Sections 24.22(c)(3) and (e)(2)
specifically provide that the option to
prepay user fees at the port for
commercial trucks and private vessels
or aircraft is subject to the port
director’s discretion to maintain user fee
decal inventories at the port. However,
CBP now keeps no user fee decal and
transponder inventories at ports in order
to facilitate port operations by
minimizing internal control risks
associated with maintaining the
inventories in the field. Accordingly,
this document amends §§ 24.22(c)(3)
and (e)(2) by removing from the
regulations the references to the option
for prepayment at the port. As a result
of this change, amended §§ 24.22(c)(3)
and (e)(2) clarify that user fees for
commercial trucks and private vessels
or private aircraft may be prepaid
through the mail or on the Internet.
Information Submission and Fee
Remittance Procedures
Currently, section 24.22(i), which
pertains to information submission and
fee remittance procedures, provides that
in addition to any information specified
in 24.22(d)(4) and (g)(5) when
applicable, each payment of user fees
made by mail must be accompanied by
information identifying the person or
organization remitting the fee, the type
of fee being remitted, and the time
period to which the payment applies.
Current section 24.22(i) also provides
that all fee payments required under
§ 24.22 must be in the amounts
prescribed and must be in U.S.
currency, or by check or money order
payable to CBP in accordance with
§ 24.1. In order to make a payment
electronically under § 24.22(i),
authorization may be obtained by
writing to the National Finance Center.
With respect to payment procedures,
CBP notes that the Financial
Management Service (FMS) of the U.S.
Department of the Treasury provides
central payment services to Federal
agencies, operates the Federal
government’s collections and deposit
systems, provides government-wide
accounting and reporting services, and
manages the collection of delinquent
debt owed to the Government.
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CBP believes that because of
technological advancements and the
integration of modern payment
technology into many CBP locations, it
is no longer efficient or necessary for the
public to write to the National Finance
Center in order to obtain authorization
to pay fees electronically. However, CBP
is adding language in § 24.22(i) noting
that to pay railroad user fees on Pay.gov,
an email must be sent to the following
email address belonging to the Office of
Administration, Revenue Division to
establish a Pay.gov account:
CUFIUFHelp@cbp.dhs.gov. Once the
Pay.gov account is established,
payments may be made directly on
Pay.gov without a further need to
contact CBP.
Moreover, CBP is making a clarifying
amendment to § 24.22(c)(3) noting that
if any of the information provided on
the CBP Form 339C or the online
application changes during the calendar
year, the owner, agent, or person in
charge of the commercial truck must
inform the CBP Decal and Transponder
Online Procurement System (DTOPS)
Program Administrator of the changed
information in writing, or update the
information on the CBP Web site
referenced above, no later than 15 days
from the date of the change. Failure to
timely notify CBP of changed
information may result in the
commercial truck being stopped for
secondary inspection, assessment of
liquidated damages, or other sanctions.
Other Technical Amendments
This document further amends
§ 24.22 in order to reflect that Customs
Form 339 (Annual User Fee Decal
Request) has been replaced by three
entry-specific forms: CBP Form 339A
(Annual User Fee Decal Request—
Aircraft); CBP Form 339C (Annual User
Fee Decal Request—Commercial
Vehicle); and CBP Form 339V (Annual
User Fee Decal Request—Vessels). In
this regard, this document specifically
removes the reference in § 24.22(c)(3) to
the ‘‘Customs Form 339, Annual User
Fee Decal Request’’ and adds, in its
place, ‘‘CBP Form 339C (Annual User
Fee Decal Request—Commercial
Vehicle).’’ This document also amends
§§ 24.22(e)(1) and (e)(2) by removing the
term ‘‘Customs Form 339, Annual User
Fee Decal Request’’ and adding in its
place, ‘‘CBP Form 339V (Annual User
Fee Decal Request—Vessels) or CBP
Form 339A (Annual User Fee Decal
Request—Aircraft)’’.
This document also amends
§§ 24.22(d)(4)(ii) and (g)(5) by clarifying
that the payments required by
§§ 24.22(d) and (g) must be made in
accordance with the procedures and
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5135
payment methods set forth in their
respective paragraphs and § 24.22(i).
Finally, this document proposes nonsubstantive amendments to § 24.22 to
reflect nomenclature changes
necessitated by the transfer of the
agency to the Department of Homeland
Security.
Inapplicability of Notice and Delayed
Effective Date
Pursuant to 5 U.S.C. 553(a)(2), the
Administrative Procedure Act does not
apply to this rulemaking because the
amendments set forth in this document
pertaining to the decisions to administer
the user fee decal and transponder
programs within CBP are matters
relating to agency management and
contracts. In addition, the technical
corrections relating to updated CBP
form numbers, CBP addresses, and
nomenclature changes effected by the
transfer of CBP to the Department of
Homeland Security are matters relating
to agency management. The
Administrative Procedure Act does not
apply to this rulemaking because the
amendments regarding the collection of
APHIS/AQI and CBP fees, the removal
of the option to make prepayments at
the ports, and the replacement of decals
with transponders for commercial truck
user fee purposes concern matters
relating to agency procedure and
practice pursuant to 5 U.S.C. 553(b)(A).
For these same reasons, pursuant to 5
U.S.C. 553(b)(B) and (d)(3), CBP has
determined that it would be
unnecessary to delay publication of this
rule in final form pending an
opportunity for public comment and
that there is good cause for this final
rule to become effective immediately
upon publication.
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.
Paperwork Reduction Act
This package does not include any
new information collections. The
information collections regarding the
payment of the user fees discussed in
this document have already been
approved by OMB under control
number 1651–0052.
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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 in 19 CFR Part 24
Accounting, Claims, Customs duties
and inspection, Harbors, Reporting and
recordkeeping requirements, Taxes.
Amendments to the CBP Regulations
For the reasons set forth above, part
24 of the CBP regulations (19 CFR part
24) is amended as set forth below.
PART 24—CUSTOMS FINANCIAL AND
ACCOUNTING PROCEDURE
1. 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.
9701; Public Law 107–296, 116 Stat. 2135 (6
U.S.C. 1 et seq.);
*
*
*
*
*
2. In § 24.22:
a. Paragraph (b)(1)(i) is amended by
removing the word ‘‘shall’’ in the first
sentence and adding in its place the
word ‘‘must’’, and by removing the
word ‘‘shall’’ in the last sentence and
adding in its place the word ‘‘will’’;
■ b. Paragraph (b)(1)(ii) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
■ c. Paragraph (b)(2)(i) is amended by
removing the word ‘‘shall’’ in the first
sentence and adding in its place the
word ‘‘must’’, and by removing the
word ‘‘shall’’ in the second sentence
and adding in its place the word ‘‘will’’;
■ d. Paragraph (b)(2)(ii) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
■ e. Paragraph (b)(3) is amended by
removing the word ‘‘Customs’’ in the
parenthetical ‘‘(Customs Form 368 or
368A)’’ and adding in its place the term
‘‘CBP’’;
■ f. Paragraph (c)(1) is amended by
removing the word ‘‘shall’’ in the
second sentence and adding in its place
the word ‘‘will’’, and by removing the
first sentence and adding two sentences
in its place to read as set forth below.
■ g. Paragraph (c)(2) is amended by:
■ i. Removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’;
■ ii. Removing the amount ‘‘$100’’ and
adding in its place the words ‘‘the
commercial truck fee, as defined in
paragraph (c)(1),’’; and
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■
■
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iii. Removing the word ‘‘decal’’ and
adding in its place the word
‘‘transponder’’;
■ h. Paragraph (c)(3) is revised to read
as set forth below.
■ i. Paragraph (d)(1) is amended by
removing the word ‘‘shall’’ each place it
appears in the first and second
sentences and adding in its place the
word ‘‘will’’, and by removing the word
‘‘shall’’ in the third sentence and adding
in its place the word ‘‘must’’;
■ j. Paragraph (d)(2) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
■ k. Paragraph (d)(3) is amended by
removing the words ‘‘mailed to:
Customs and Border Protection,
National Finance Center, Collections
Section, P.O. Box 68907, Indianapolis,
IN 46268 (or, if for overnight delivery,
to: the same addressee at 6026 Lakeside
Blvd., Indianapolis, IN 46278)’’ and
adding in their place the words ‘‘made
in accordance with the procedures and
payment methods set forth in this
paragraph and paragraph (i) of this
section’’;
■ l. Paragraph (d)(4)(i) is amended by
removing the word ‘‘shall’’ each place it
appears and adding in its place the
word ‘‘must’’, and by removing the
word ‘‘Customs’’ each place it appears
and adding in its place the term ‘‘CBP’’;
■ m. Paragraph (d)(4)(ii) is amended by:
■ i. Removing the word ‘‘shall’’ each
place it appears and adding in its place
the word ‘‘must’’;
■ ii. Removing the word ‘‘Customs’’ the
first time it appears and adding, in its
place, the term ‘‘CBP’’; and
■ iii. Removing the last sentence of the
paragraph and adding in its place the
following: ‘‘Payment must be made in
accordance with the procedures and
payment methods set forth in this
paragraph and paragraph (i) of this
section.’’;
■ n. Paragraph (d)(5) is amended by
removing the word ‘‘shall’’ each place it
appears and adding in its place the
word ‘‘must’’, and by removing the
word ‘‘Customs’’ each place it appears
and adding in its place the term ‘‘CBP’’;
■ o. Paragraph (e)(1) is amended by
removing the words ‘‘A properly
completed Customs Form 339, Annual
User Fee Decal Request,’’ and adding in
its place the words ‘‘Either a properly
completed CBP Form 339V (Annual
User Fee Decal Request—Vessels) or
CBP Form 339A (Annual User Fee Decal
Request—Aircraft)’’;
■ p. Paragraph (e)(2) is amended by
adding the words ‘‘and payment
methods’’ before the words ‘‘set forth in
this paragraph and paragraph (i) of this
■
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Frm 00022
Fmt 4700
Sfmt 4700
section.’’, and by removing the last three
sentences and adding two sentences in
their place to read as set forth below.
■ q. Paragraph (e)(3)(i) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
■ r. Paragraph (f) is amended by
removing the word ‘‘shall’’ each place it
appears and adding in its place the
word ‘‘will’’, and by removing the word
‘‘Customs’’ each place it appears and
adding in its place the term ‘‘CBP’’;
■ s. Paragraph (g)(1)(ii) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
■ t. Paragraph (g)(5) introductory text is
revised to read as set forth below.
■ u. Paragraph (g)(6) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
■ v. Paragraph (g)(7) is amended by
removing the word ‘‘shall’’ each place it
appears and adding in its place the
word ‘‘must’’, and by removing the
word ‘‘Customs’’ each place it appears
and adding in its place the term ‘‘CBP’’;
■ w. Paragraph (g)(8) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘customs’’,
and by removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’;
■ x. Paragraph (i), introductory text, is
revised to read as set forth below.
■ y. Paragraph (i)(3) is amended by
removing the words ‘‘class code 492’’
and adding in their place the words
‘‘class code 492 for the CBP fee and
class code 482 for the APHIS/AQI fee’’,
and by removing the words ‘‘class code
902’’ and adding in their place the
words ‘‘class code 902 for the CBP fee
and class code 483 for the APHIS/AQI
fee’’;
■ z. Paragraph (j) is amended by:
■ i. Removing the words ‘‘Customs
duty’’ in its heading and each place it
appears in the text of the paragraph, and
adding in its place the words ‘‘customs
duty’’;
■ ii. Removing the words ‘‘Customs
laws and regulations’’ and adding in its
place the words ‘‘customs laws and
regulations’’; and
■ iii. Removing the word ‘‘shall’’ each
place it appears and adding in its place
the word ‘‘will’’.
The additions and revisions read as
follows:
§ 24.22
Fees for certain services.
*
*
*
*
*
(c) * * * (1) Fee. The fee for a
commercial truck consists of both an
Animal and Plant Health Inspection
Service/Agricultural Quarantine
Inspection (APHIS/AQI) fee set forth in
7 CFR 354.3 for the services provided
and a CBP fee of $5.50 that CBP collects
on behalf of APHIS. Upon arrival at a
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations
CBP port of entry, the driver or other
person in charge of a commercial truck
must tender the fee to CBP unless it has
been prepaid as provided for in
paragraph (c)(2) of this section.
*
*
*
*
*
(3) Prepayment. The owner, agent, or
person in charge of a commercial
vehicle may at any time prepay the
commercial truck fee as defined in
paragraph (c)(1) for all arrivals of that
vehicle during a calendar year or any
remaining portion of a calendar year.
Prepayment must be made in
accordance with the procedures and
payment methods set forth in this
paragraph and paragraph (i) of this
section. The transponder request and
prepayment by credit card or ACH debit
may be made via the Internet through
the ‘‘Travel’’ link on the CBP Web site
located at https://www.cbp.gov.
Alternatively, prepayment may be sent
by mail with credit card information,
check, or money order made payable to
U.S. Customs and Border Protection,
along with a completed CBP Form 339C
(Annual User Fee Decal Request—
Commercial Vehicle) for each
commercial truck to the following
address: U.S. Customs and Border
Protection, Attn: DTOPS Program
Administrator, 6650 Telecom Drive,
Suite 100, Indianapolis, IN 46278. Once
the prepayment has been made under
this paragraph, a transponder will be
issued to be permanently affixed by
adhesive to the lower left hand corner
of the vehicle windshield in accordance
with the accompanying instructions, to
show that the vehicle is exempt from
payment of the fees for individual
arrivals during the applicable calendar
year or any remaining portion of that
year. If any of the information provided
on the CBP Form 339C or the online
application changes during the calendar
year, the owner, agent, or person in
charge of the commercial truck must
inform the CBP Decal and Transponder
Online Procurement System (DTOPS)
Program Administrator of the changed
information in writing, or update the
information on the CBP Web site
referenced above, no later than 15 days
from the date of the change. Failure to
timely notify CBP of changed
information may result in the
commercial truck being stopped for
secondary inspection, assessment of
liquidated damages, or other sanctions.
*
*
*
*
*
(e) * * *
(2) * * * The decal request and
prepayment by credit card or ACH debit
may be made via the Internet through
the ‘‘Travel’’ link at the CBP Web site
located at https://www.cbp.gov.
VerDate Mar<15>2010
14:44 Jan 23, 2013
Jkt 229001
Alternatively, prepayment may be sent
by mail with credit card information,
check, or money order made payable to
U.S. Customs and Border Protection,
along with a properly completed CBP
Form 339V (Annual User Fee Decal
Request—Vessels) or CBP Form 339A
(Annual User Fee Decal Request—
Aircraft), to the following address: U.S.
Customs and Border Protection, Attn:
DTOPS Program Administrator, 6650
Telecom Drive, Suite 100, Indianapolis,
IN 46278.
*
*
*
*
*
(g) * * *
(5) Quarterly payment and statement
procedures. Payment to CBP of the fees
required to be collected under
paragraph (g)(1) of this section must be
made no later than 31 days after the
close of the calendar quarter in which
the fees were required to be collected
from the passenger. Payment of the fees
must be made to the party required to
collect the fee under paragraph (g)(4)(i)
of this section, and must be made in
accordance with the procedures and
payment methods set forth in this
paragraph and paragraph (i) of this
section. Overpayments and
underpayments may be accounted for by
an explanation with, and adjustment of,
the next due quarterly payment to CBP.
The quarterly payment must be
accompanied by a statement that
includes the following information:
*
*
*
*
*
(i) Information submission and fee
remittance procedures. In addition to
any information specified elsewhere in
this section, each payment made by
mail must be accompanied by
information identifying the person or
organization remitting the fee, the type
of fee being remitted (for example,
railroad car, commercial truck, private
vessel), and the time period to which
the payment applies and must be mailed
to the following address: U.S. Customs
and Border Protection, Revenue
Division, Attn: User Fee Team, 6650
Telecom Drive, Suite 100, Indianapolis,
IN 46278. All fee payments required
under this section in U.S. dollars, and
must be paid in accordance with the
provisions of § 24.1. The fees may be
made using any payment method
authorized by § 24.1 and for which the
CBP location receiving the payment is
equipped to process, and are subject to
any restrictions as described elsewhere
in this section. To pay railroad user fees
on Pay.gov, an email must be sent to the
Office of Administration, Revenue
Division to establish a Pay.gov account.
The email address for this purpose is
CUFIUFHelp@cbp.dhs.gov. Once the
Pay.gov account is established,
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Sfmt 4700
5137
payments may be made directly on
Pay.gov without a further need to
contact CBP. Where payment is made at
a CBP port, credit cards will be accepted
only where the port is equipped to
accept credit cards for the type of
payment being made. Check or money
orders must be made payable to U.S.
Customs and Border Protection and
must be annotated with the appropriate
class code. The applicable class codes
and payment locations for each fee are
as follows:
*
*
*
*
*
Dated: January 16, 2013.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2013–01166 Filed 1–23–13; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–1071]
RIN 1625–AA00
Safety Zone; Monongahela River,
Charleroi, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters between mile 40.5 and mile
42.5 on the Monongahela River. The
safety zone is needed to protect
construction workers and vessels
transiting the area from the hazards
associated with demolition operation
being conducted on a guard wall
upstream of Lock and Dam 4 near
Charleroi, PA. Entry into, movement
within, and departure from this Coast
Guard Safety Zone, while it is activated
and enforced, is prohibited, unless
authorized by the Captain of the Port
Pittsburgh or a designated
representative.
SUMMARY:
This rule is effective in the CFR
on January 24, 2013 through 5:00 p.m.
on March 1, 2013. This rule is effective
with actual notice for purposes of
enforcement at 7:00 a.m. on January 9,
2013. This rule will remain in effect
through 5:00 p.m. on March 1, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–1071. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
DATES:
E:\FR\FM\24JAR1.SGM
24JAR1
Agencies
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Rules and Regulations]
[Pages 5133-5137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01166]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 24
[CBP Dec. 13-03]
Technical Corrections Regarding the Methods of Collection of
Certain User Fees by CBP
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations in order to clarify that any applicable Animal and
Plant Health Inspection Service (APHIS) user fee, which is called an
Agricultural Quarantine and Inspection (AQI) user fee, for commercial
trucks will be collected by CBP upon arrival into the United States at
the same time that CBP collects its portion of this user fee and to
reflect certain administrative changes pertaining to the collection of
user fees. The regulation also clarifies that transponders have
replaced decals for commercial truck user fee purposes and indicates
that the Internet portal through which the public obtains decals and
transponders has been renamed the ``Decal and Transponder Online
Procurement System (DTOPS).'' In addition, the user fee decal program,
certain administrative aspects of which had previously been managed by
a private bank under a contract with CBP, is currently being
administered entirely within CBP, and this document updates the
addresses to which applicable forms and payments are to be mailed as a
result of this change. Finally, this document amends the applicable
regulations to provide for certain updated CBP form numbers, and to
make nomenclature changes reflecting the transfer of CBP to the
Department of Homeland Security. It should be noted that the amendments
set forth in this document will not result in any change to the amount
of the actual user fees.
DATES: This final rule is effective on January 24, 2013.
FOR FURTHER INFORMATION CONTACT: Sarah Kubon, Chief, Project
Development and Oversight Section, Programs Branch, Revenue Division,
Office of Administration, (317) 614-4917.
SUPPLEMENTARY INFORMATION:
Background
U.S. Customs and Border Protection (CBP) collects user fees to pay
for the costs incurred in providing customs services in connection with
certain activities under the authority of section 13031 of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), as
amended, codified at section 19 U.S.C. 58c. These user fees offset
inspection costs that were previously funded solely by general taxpayer
revenue. Sections 24.22(b)-(e) and (g) of the CBP regulations (19 CFR
24.22(b)-(e) and (g)) provide that, under certain circumstances, user
fees must be paid upon arrival into the United States of certain
commercial vessels, barges, and other bulk carriers from Canada or
Mexico; commercial trucks; railroad cars; certain private vessels or
private aircraft; and passengers aboard commercial vessels and
commercial aircraft. Section 24.22(f) of the CBP regulations (19 CFR
24.22(f)) provides that a processing fee will be assessed for the
addressee of each item of dutiable mail for which a CBP officer
prepares documentation. The specific user fees
[[Page 5134]]
charged for each type of arrival and the procedures for payment are
also set forth under Sec. 24.22.
For user fee collection purposes, it should be noted that the term
``decals'' refers to stickers that are required to be placed on private
aircraft or private vessels 30 feet or more in length as proof that
applicable user fees for entry into the United States have been paid
for the calendar year. The term ``transponders'', on the other hand,
refers to paper stickers which contain a chip that electronically
transmits confirmation that applicable user fees for commercial trucks
have been paid for the calendar year.
The purpose of this document is to make technical changes to the
regulations regarding the collection of user fees. This document:
clarifies that CBP collects the Animal and Plant Health Inspection
Service (APHIS) portion of the commercial truck user fee, which is
called an Agricultural Quarantine and Inspection (AQI) user fee by the
U.S. Department of Agriculture in part 354 of title 7 of the Code of
Federal Regulations (7 CFR part 354), upon arrival into the United
States; renames the Internet portal through which the public obtains
decals and transponders; updates addresses to which applicable forms
and payments are to be mailed; replaces decals with transponders for
commercial truck user fee purposes; updates CBP form numbers; organizes
the structure of Sec. 24.22; and makes nomenclature changes reflecting
the transfer of CBP to the Department of Homeland Security.
Discussion of Amendments
Animal and Plant Health Inspection Service (APHIS)/Agricultural
Quarantine and Inspection (AQI) and CBP User Fees
The Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture is responsible for protecting and promoting
U.S. agricultural health, regulating genetically engineered organisms,
and monitoring and promoting wildlife management and animal welfare.
The regulations in part 354 of title 7 of the Code of Federal
Regulations (7 CFR part 354) set forth the user fees for import- and
export-related services provided by APHIS. Although not specifically
set forth in the CBP regulations, the applicable APHIS/AQI user fee for
commercial trucks have customarily been collected by CBP on behalf of
APHIS. To facilitate entry and provide transparency to the entry
process for commercial trucks, this document sets forth amendments to
Sec. Sec. 24.22(c)(1), (c)(2), (c)(3), and (i)(3)) of the CBP
regulations (19 CFR 24.22(c)(1), (c)(2), (c)(3), and (i)(3)) to clarify
in the regulatory text that the applicable APHIS/AQI and CBP user fees
for commercial trucks are collected by CBP upon arrival into the United
States. The CBP user fee and the APHIS/AQI user fee are collected
together, either in an annual payment, in which case a transponder is
issued, or CBP collects the two fees in one payment on a per-arrival
basis. This document also makes corresponding amendments to Sec.
24.22(i)(3), relating to the applicable class codes and payment
locations for commercial truck user fee purposes, by inserting the
applicable class codes for the payment of APHIS/AQI fees. In this
regard, the APHIS/AQI class code for an individual arrival is ``482''
and the APHIS/AQI class code reflecting the prepayment of fees for the
maximum calendar year fee is ``483.''
Commercial Trucks and Transponders
Section 24.22(c) sets forth the regulations pertaining to the user
fees for commercial trucks. Section 24.22(c)(2), pertaining to fee
limitations, currently provides that no user fee for the arrival of a
commercial truck will be collected if the specified prepayment has been
made and a decal has been affixed to the vehicle's windshield. In a
document published in the Federal Register (71 FR 20922) on April 24,
2006, CBP noted that transponders have replaced decals for commercial
truck user fee purposes.
Accordingly, this document amends Sec. 24.22(c)(2) of the CBP
regulations (19 CFR 24.22(c)(2)) to clarify that a user fee for the
arrival of a commercial truck will not be collected every time the
vehicle crosses the border if the specified prepayment of both the CBP
fee and the APHIS/AQI fee has been made and a transponder has been
affixed to the vehicle's windshield. This document makes corresponding
amendments to Sec. 24.22(c)(3), pertaining to the prepayment of user
fees for commercial trucks, by replacing certain references to
``decal'' with reference to ``transponder'' as set forth below. CBP
notes that transponders do not have to be physically replaced upon
renewal each year if they continue to function properly.
Decal and Transponder Online Procurement System (DTOPS) and Address
Updates
As discussed earlier, decals are used for private aircraft or
private vessels 30 feet or more in length, and transponders are used
for commercial trucks. User fee prepayments and quarterly payments
submitted to CBP on the Internet or through the mail were previously
processed by a private bank pursuant to a contract with CBP under a
program generally referred to as the ``User Fee Decal Program.'' Upon
the expiration of the contract with the private bank, CBP decided to
process user fee prepayment and quarterly payment requests in-house to
enhance CBP's user fee collection efforts and to reduce operating costs
associated with administering the program. CBP has decided to rename
the Internet portal through which online prepayments for decals and
transponders are submitted as the ``Decal and Transponder Online
Procurement System (DTOPS)'' to more accurately reflect that
transponders, as well as decals, are available on the system. As with
the User Fee Decal Program, decal and transponder prepayment requests
made by credit card under DTOPS may still be made via the Internet
through the ``Travel'' link at CBP's Web site at https://www.cbp.gov.
CBP is able to process user fee prepayment requests and accept
electronic payments through the DTOPS.
While CBP's preferred method of receiving user fee prepayment
requests and user fee payments is through DTOPS, requests and payments
also may also be made by mail. This document amends Sec. 24.22(c)(3)
(private vessels or private aircraft) and Sec. 24.22(e)(2) (private
vessels or private aircraft) to reflect the correct mailing address for
these purposes. The correct mailing address for these purposes is:
``U.S. Customs and Border Protection, Attn: DTOPS Program
Administrator, 6650 Telecom Drive, Suite 100, Indianapolis, IN 46278.''
This document further updates the address to which user fee prepayments
are to be mailed and processed for railroad cars in Sec. Sec.
24.22(d)(3) and (d)(4)(ii) and for quarterly payments relating to the
arrival of passengers aboard commercial vessels and commercial aircraft
in Sec. 24.22(g)(5) by cross-referencing the address listed in Sec.
24.22(i). The correct address for these purposes is: ``U.S. Customs and
Border Protection, Revenue Division, Attn: User Fee Team, 6650 Telecom
Drive, Suite 100, Indianapolis, IN 46278.''
Prepayment at the Port
Section 24.22 of the CBP regulations (19 CFR 24.22) contains
specific guidelines concerning the prepayment of user fees. Under the
current regulations, the prepayment of user fees may be made on the
Internet, through the mail, or at the port of arrival, but it should be
noted that the accepted
[[Page 5135]]
method of prepayment varies based upon the type of arrival. For
example, under the current regulations, Sec. 24.22(b)(3) provides that
user fee prepayments for certain commercial vessels must be made at the
CBP port office, whereas user fee prepayments for commercial trucks
(Sec. 24.22(c)(3)) and private vessels or aircraft (Sec. 24.22(e)(2))
may be made on the Internet, through the mail, and, under certain
circumstances, at the port.
Sections 24.22(c)(3) and (e)(2) specifically provide that the
option to prepay user fees at the port for commercial trucks and
private vessels or aircraft is subject to the port director's
discretion to maintain user fee decal inventories at the port. However,
CBP now keeps no user fee decal and transponder inventories at ports in
order to facilitate port operations by minimizing internal control
risks associated with maintaining the inventories in the field.
Accordingly, this document amends Sec. Sec. 24.22(c)(3) and (e)(2) by
removing from the regulations the references to the option for
prepayment at the port. As a result of this change, amended Sec. Sec.
24.22(c)(3) and (e)(2) clarify that user fees for commercial trucks and
private vessels or private aircraft may be prepaid through the mail or
on the Internet.
Information Submission and Fee Remittance Procedures
Currently, section 24.22(i), which pertains to information
submission and fee remittance procedures, provides that in addition to
any information specified in 24.22(d)(4) and (g)(5) when applicable,
each payment of user fees made by mail must be accompanied by
information identifying the person or organization remitting the fee,
the type of fee being remitted, and the time period to which the
payment applies. Current section 24.22(i) also provides that all fee
payments required under Sec. 24.22 must be in the amounts prescribed
and must be in U.S. currency, or by check or money order payable to CBP
in accordance with Sec. 24.1. In order to make a payment
electronically under Sec. 24.22(i), authorization may be obtained by
writing to the National Finance Center.
With respect to payment procedures, CBP notes that the Financial
Management Service (FMS) of the U.S. Department of the Treasury
provides central payment services to Federal agencies, operates the
Federal government's collections and deposit systems, provides
government-wide accounting and reporting services, and manages the
collection of delinquent debt owed to the Government.
CBP believes that because of technological advancements and the
integration of modern payment technology into many CBP locations, it is
no longer efficient or necessary for the public to write to the
National Finance Center in order to obtain authorization to pay fees
electronically. However, CBP is adding language in Sec. 24.22(i)
noting that to pay railroad user fees on Pay.gov, an email must be sent
to the following email address belonging to the Office of
Administration, Revenue Division to establish a Pay.gov account:
CUFIUFHelp@cbp.dhs.gov. Once the Pay.gov account is established,
payments may be made directly on Pay.gov without a further need to
contact CBP.
Moreover, CBP is making a clarifying amendment to Sec. 24.22(c)(3)
noting that if any of the information provided on the CBP Form 339C or
the online application changes during the calendar year, the owner,
agent, or person in charge of the commercial truck must inform the CBP
Decal and Transponder Online Procurement System (DTOPS) Program
Administrator of the changed information in writing, or update the
information on the CBP Web site referenced above, no later than 15 days
from the date of the change. Failure to timely notify CBP of changed
information may result in the commercial truck being stopped for
secondary inspection, assessment of liquidated damages, or other
sanctions.
Other Technical Amendments
This document further amends Sec. 24.22 in order to reflect that
Customs Form 339 (Annual User Fee Decal Request) has been replaced by
three entry-specific forms: CBP Form 339A (Annual User Fee Decal
Request--Aircraft); CBP Form 339C (Annual User Fee Decal Request--
Commercial Vehicle); and CBP Form 339V (Annual User Fee Decal Request--
Vessels). In this regard, this document specifically removes the
reference in Sec. 24.22(c)(3) to the ``Customs Form 339, Annual User
Fee Decal Request'' and adds, in its place, ``CBP Form 339C (Annual
User Fee Decal Request--Commercial Vehicle).'' This document also
amends Sec. Sec. 24.22(e)(1) and (e)(2) by removing the term ``Customs
Form 339, Annual User Fee Decal Request'' and adding in its place,
``CBP Form 339V (Annual User Fee Decal Request--Vessels) or CBP Form
339A (Annual User Fee Decal Request--Aircraft)''.
This document also amends Sec. Sec. 24.22(d)(4)(ii) and (g)(5) by
clarifying that the payments required by Sec. Sec. 24.22(d) and (g)
must be made in accordance with the procedures and payment methods set
forth in their respective paragraphs and Sec. 24.22(i).
Finally, this document proposes non-substantive amendments to Sec.
24.22 to reflect nomenclature changes necessitated by the transfer of
the agency to the Department of Homeland Security.
Inapplicability of Notice and Delayed Effective Date
Pursuant to 5 U.S.C. 553(a)(2), the Administrative Procedure Act
does not apply to this rulemaking because the amendments set forth in
this document pertaining to the decisions to administer the user fee
decal and transponder programs within CBP are matters relating to
agency management and contracts. In addition, the technical corrections
relating to updated CBP form numbers, CBP addresses, and nomenclature
changes effected by the transfer of CBP to the Department of Homeland
Security are matters relating to agency management. The Administrative
Procedure Act does not apply to this rulemaking because the amendments
regarding the collection of APHIS/AQI and CBP fees, the removal of the
option to make prepayments at the ports, and the replacement of decals
with transponders for commercial truck user fee purposes concern
matters relating to agency procedure and practice pursuant to 5 U.S.C.
553(b)(A). For these same reasons, pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), CBP has determined that it would be unnecessary to delay
publication of this rule in final form pending an opportunity for
public comment and that there is good cause for this final rule to
become effective immediately upon publication.
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.
Paperwork Reduction Act
This package does not include any new information collections. The
information collections regarding the payment of the user fees
discussed in this document have already been approved by OMB under
control number 1651-0052.
[[Page 5136]]
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 in 19 CFR Part 24
Accounting, Claims, Customs duties and inspection, Harbors,
Reporting and recordkeeping requirements, Taxes.
Amendments to the CBP Regulations
For the reasons set forth above, part 24 of the CBP regulations (19
CFR part 24) is amended as set forth below.
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
0
1. 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. 9701; Public Law 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.);
* * * * *
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2. In Sec. 24.22:
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a. Paragraph (b)(1)(i) is amended by removing the word ``shall'' in the
first sentence and adding in its place the word ``must'', and by
removing the word ``shall'' in the last sentence and adding in its
place the word ``will'';
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b. Paragraph (b)(1)(ii) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
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c. Paragraph (b)(2)(i) is amended by removing the word ``shall'' in the
first sentence and adding in its place the word ``must'', and by
removing the word ``shall'' in the second sentence and adding in its
place the word ``will'';
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d. Paragraph (b)(2)(ii) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
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e. Paragraph (b)(3) is amended by removing the word ``Customs'' in the
parenthetical ``(Customs Form 368 or 368A)'' and adding in its place
the term ``CBP'';
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f. Paragraph (c)(1) is amended by removing the word ``shall'' in the
second sentence and adding in its place the word ``will'', and by
removing the first sentence and adding two sentences in its place to
read as set forth below.
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g. Paragraph (c)(2) is amended by:
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i. Removing the word ``shall'' and adding in its place the word
``will'';
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ii. Removing the amount ``$100'' and adding in its place the words
``the commercial truck fee, as defined in paragraph (c)(1),''; and
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iii. Removing the word ``decal'' and adding in its place the word
``transponder'';
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h. Paragraph (c)(3) is revised to read as set forth below.
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i. Paragraph (d)(1) is amended by removing the word ``shall'' each
place it appears in the first and second sentences and adding in its
place the word ``will'', and by removing the word ``shall'' in the
third sentence and adding in its place the word ``must'';
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j. Paragraph (d)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
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k. Paragraph (d)(3) is amended by removing the words ``mailed to:
Customs and Border Protection, National Finance Center, Collections
Section, P.O. Box 68907, Indianapolis, IN 46268 (or, if for overnight
delivery, to: the same addressee at 6026 Lakeside Blvd., Indianapolis,
IN 46278)'' and adding in their place the words ``made in accordance
with the procedures and payment methods set forth in this paragraph and
paragraph (i) of this section'';
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l. Paragraph (d)(4)(i) is amended by removing the word ``shall'' each
place it appears and adding in its place the word ``must'', and by
removing the word ``Customs'' each place it appears and adding in its
place the term ``CBP'';
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m. Paragraph (d)(4)(ii) is amended by:
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i. Removing the word ``shall'' each place it appears and adding in its
place the word ``must'';
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ii. Removing the word ``Customs'' the first time it appears and adding,
in its place, the term ``CBP''; and
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iii. Removing the last sentence of the paragraph and adding in its
place the following: ``Payment must be made in accordance with the
procedures and payment methods set forth in this paragraph and
paragraph (i) of this section.'';
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n. Paragraph (d)(5) is amended by removing the word ``shall'' each
place it appears and adding in its place the word ``must'', and by
removing the word ``Customs'' each place it appears and adding in its
place the term ``CBP'';
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o. Paragraph (e)(1) is amended by removing the words ``A properly
completed Customs Form 339, Annual User Fee Decal Request,'' and adding
in its place the words ``Either a properly completed CBP Form 339V
(Annual User Fee Decal Request--Vessels) or CBP Form 339A (Annual User
Fee Decal Request--Aircraft)'';
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p. Paragraph (e)(2) is amended by adding the words ``and payment
methods'' before the words ``set forth in this paragraph and paragraph
(i) of this section.'', and by removing the last three sentences and
adding two sentences in their place to read as set forth below.
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q. Paragraph (e)(3)(i) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'';
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r. Paragraph (f) is amended by removing the word ``shall'' each place
it appears and adding in its place the word ``will'', and by removing
the word ``Customs'' each place it appears and adding in its place the
term ``CBP'';
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s. Paragraph (g)(1)(ii) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'';
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t. Paragraph (g)(5) introductory text is revised to read as set forth
below.
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u. Paragraph (g)(6) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'';
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v. Paragraph (g)(7) is amended by removing the word ``shall'' each
place it appears and adding in its place the word ``must'', and by
removing the word ``Customs'' each place it appears and adding in its
place the term ``CBP'';
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w. Paragraph (g)(8) is amended by removing the word ``Customs'' and
adding in its place the term ``customs'', and by removing the word
``shall'' and adding in its place the word ``will'';
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x. Paragraph (i), introductory text, is revised to read as set forth
below.
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y. Paragraph (i)(3) is amended by removing the words ``class code 492''
and adding in their place the words ``class code 492 for the CBP fee
and class code 482 for the APHIS/AQI fee'', and by removing the words
``class code 902'' and adding in their place the words ``class code 902
for the CBP fee and class code 483 for the APHIS/AQI fee'';
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z. Paragraph (j) is amended by:
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i. Removing the words ``Customs duty'' in its heading and each place it
appears in the text of the paragraph, and adding in its place the words
``customs duty'';
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ii. Removing the words ``Customs laws and regulations'' and adding in
its place the words ``customs laws and regulations''; and
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iii. Removing the word ``shall'' each place it appears and adding in
its place the word ``will''.
The additions and revisions read as follows:
Sec. 24.22 Fees for certain services.
* * * * *
(c) * * * (1) Fee. The fee for a commercial truck consists of both
an Animal and Plant Health Inspection Service/Agricultural Quarantine
Inspection (APHIS/AQI) fee set forth in 7 CFR 354.3 for the services
provided and a CBP fee of $5.50 that CBP collects on behalf of APHIS.
Upon arrival at a
[[Page 5137]]
CBP port of entry, the driver or other person in charge of a commercial
truck must tender the fee to CBP unless it has been prepaid as provided
for in paragraph (c)(2) of this section.
* * * * *
(3) Prepayment. The owner, agent, or person in charge of a
commercial vehicle may at any time prepay the commercial truck fee as
defined in paragraph (c)(1) for all arrivals of that vehicle during a
calendar year or any remaining portion of a calendar year. Prepayment
must be made in accordance with the procedures and payment methods set
forth in this paragraph and paragraph (i) of this section. The
transponder request and prepayment by credit card or ACH debit may be
made via the Internet through the ``Travel'' link on the CBP Web site
located at https://www.cbp.gov. Alternatively, prepayment may be sent by
mail with credit card information, check, or money order made payable
to U.S. Customs and Border Protection, along with a completed CBP Form
339C (Annual User Fee Decal Request--Commercial Vehicle) for each
commercial truck to the following address: U.S. Customs and Border
Protection, Attn: DTOPS Program Administrator, 6650 Telecom Drive,
Suite 100, Indianapolis, IN 46278. Once the prepayment has been made
under this paragraph, a transponder will be issued to be permanently
affixed by adhesive to the lower left hand corner of the vehicle
windshield in accordance with the accompanying instructions, to show
that the vehicle is exempt from payment of the fees for individual
arrivals during the applicable calendar year or any remaining portion
of that year. If any of the information provided on the CBP Form 339C
or the online application changes during the calendar year, the owner,
agent, or person in charge of the commercial truck must inform the CBP
Decal and Transponder Online Procurement System (DTOPS) Program
Administrator of the changed information in writing, or update the
information on the CBP Web site referenced above, no later than 15 days
from the date of the change. Failure to timely notify CBP of changed
information may result in the commercial truck being stopped for
secondary inspection, assessment of liquidated damages, or other
sanctions.
* * * * *
(e) * * *
(2) * * * The decal request and prepayment by credit card or ACH
debit may be made via the Internet through the ``Travel'' link at the
CBP Web site located at https://www.cbp.gov. Alternatively, prepayment
may be sent by mail with credit card information, check, or money order
made payable to U.S. Customs and Border Protection, along with a
properly completed CBP Form 339V (Annual User Fee Decal Request--
Vessels) or CBP Form 339A (Annual User Fee Decal Request--Aircraft), to
the following address: U.S. Customs and Border Protection, Attn: DTOPS
Program Administrator, 6650 Telecom Drive, Suite 100, Indianapolis, IN
46278.
* * * * *
(g) * * *
(5) Quarterly payment and statement procedures. Payment to CBP of
the fees required to be collected under paragraph (g)(1) of this
section must be made no later than 31 days after the close of the
calendar quarter in which the fees were required to be collected from
the passenger. Payment of the fees must be made to the party required
to collect the fee under paragraph (g)(4)(i) of this section, and must
be made in accordance with the procedures and payment methods set forth
in this paragraph and paragraph (i) of this section. Overpayments and
underpayments may be accounted for by an explanation with, and
adjustment of, the next due quarterly payment to CBP. The quarterly
payment must be accompanied by a statement that includes the following
information:
* * * * *
(i) Information submission and fee remittance procedures. In
addition to any information specified elsewhere in this section, each
payment made by mail must be accompanied by information identifying the
person or organization remitting the fee, the type of fee being
remitted (for example, railroad car, commercial truck, private vessel),
and the time period to which the payment applies and must be mailed to
the following address: U.S. Customs and Border Protection, Revenue
Division, Attn: User Fee Team, 6650 Telecom Drive, Suite 100,
Indianapolis, IN 46278. All fee payments required under this section in
U.S. dollars, and must be paid in accordance with the provisions of
Sec. 24.1. The fees may be made using any payment method authorized by
Sec. 24.1 and for which the CBP location receiving the payment is
equipped to process, and are subject to any restrictions as described
elsewhere in this section. To pay railroad user fees on Pay.gov, an
email must be sent to the Office of Administration, Revenue Division to
establish a Pay.gov account. The email address for this purpose is
CUFIUFHelp@cbp.dhs.gov. Once the Pay.gov account is established,
payments may be made directly on Pay.gov without a further need to
contact CBP. Where payment is made at a CBP port, credit cards will be
accepted only where the port is equipped to accept credit cards for the
type of payment being made. Check or money orders must be made payable
to U.S. Customs and Border Protection and must be annotated with the
appropriate class code. The applicable class codes and payment
locations for each fee are as follows:
* * * * *
Dated: January 16, 2013.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2013-01166 Filed 1-23-13; 8:45 am]
BILLING CODE 9111-14-P