Members of a Family for Purpose of Filing CBP Family Declaration, 76529-76533 [2013-30075]
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Federal Register / Vol. 78, No. 243 / Wednesday, December 18, 2013 / Rules and Regulations
(b) SSFA parameters. * * *
(2) Parameter W is expressed as a decimal
value between zero and one. Parameter W is
the ratio of the sum of the dollar amounts of
any underlying exposures of the
securitization that meet any of the criteria as
set forth in paragraphs (i) through (vi) of this
paragraph (b)(2) to the balance, measured in
dollars, of underlying exposures:
(i) Ninety days or more past due;
(ii) Subject to a bankruptcy or insolvency
proceeding;
(iii) In the process of foreclosure;
(iv) Held as real estate owned;
(v) Has contractually deferred payments for
90 days or more, other than principal or
interest payments deferred on:
(A) Federally-guaranteed student loans, in
accordance with the terms of those guarantee
programs; or
(B) Consumer loans, including nonfederally-guaranteed student loans, provided
that such payments are deferred pursuant to
provisions included in the contract at the
time funds are disbursed that provide for
period(s) of deferral that are not initiated
based on changes in the creditworthiness of
the borrower; or
(vi) Is in default.
*
*
*
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10. Amend Appendix E, section 12,
by:
■ a. Revising paragraph (a);
■ b. Revising paragraph (c)(1)
introductory text and;
■ c. Revising paragraph (d) introductory
text to read as follows:
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■
Section 12. Market Risk Disclosures
(a) Scope. A bank must comply with this
section unless it is a consolidated subsidiary
of a bank holding company or a depository
institution that is subject to these
requirements or of a non-U.S. banking
organization that is subject to comparable
public disclosure requirements in its home
jurisdiction. A bank must make timely public
disclosures each calendar quarter. If a
significant change occurs, such that the most
recent reporting amounts are no longer
reflective of the bank’s capital adequacy and
risk profile, then a brief discussion of this
change and its likely impact must be
provided as soon as practicable thereafter.
Qualitative disclosures that typically do not
change each quarter may be disclosed
annually, provided any significant changes
are disclosed in the interim. If a bank
believes that disclosure of specific
commercial or financial information would
prejudice seriously its position by making
public certain information that is either
proprietary or confidential in nature, the
bank is not required to disclose these specific
items, but must disclose more general
information about the subject matter of the
requirement, together with the fact that, and
the reason why, the specific items of
information have not been disclosed. The
bank’s management may provide all of the
disclosures required by this section in one
place on the bank’s public Web site or may
provide the disclosures in more than one
public financial report or other regulatory
reports, provided that the bank publicly
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provides a summary table specifically
indicating the location(s) of all such
disclosures.
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(c) * * * (1) For each material portfolio of
covered positions, the bank must provide
timely public disclosures of the following
information at least quarterly:
*
*
*
*
*
(d) * * * For each material portfolio of
covered positions, the bank must provide
timely public disclosures of the following
information at least annually after the end of
the fourth calendar quarter, or more
frequently in the event of material changes
for each portfolio:
*
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By order of the Board of Governors of the
Federal Reserve System, December 11, 2013.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2013–29785 Filed 12–17–13; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 148
[CBP Dec. 13–19; USCBP–2012–0008]
RIN 1515–AD76
Members of a Family for Purpose of
Filing CBP Family Declaration
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
This final rule affects persons
eligible to file a single customs
declaration. The final rule expands the
definitions of family members residing
in one household. As a result of this
expansion, more U.S. returning resident
and non-resident visitor families will be
eligible to file a single customs
declaration, and correspondingly, more
U.S. returning resident family members
may group their personal duty
exemptions.
DATES: Effective January 17, 2014.
FOR FURTHER INFORMATION CONTACT:
Sophie Galvan, Program Manager,
Trusted Traveler Programs, Office of
Field Operations, (202) 344–2292.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On March 27, 2012, U.S. Customs and
Border Protection (CBP) published a
notice of proposed rulemaking (NPRM)
in the Federal Register (77 FR 18143)
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proposing to amend title 19 of the Code
of Federal Regulations (19 CFR)
regarding U.S. returning residents who
are eligible to file a single customs
declaration for members of a family
residing in one household and traveling
together upon arrival in the United
States. The amendments proposed in
the NPRM would expand the definition
of ‘‘members of a family residing in one
household’’ for purposes of allowing a
responsible family member to make a
joint declaration, either oral or written,
for articles acquired abroad for all
members of a family residing in one
household and traveling together on
their return to the United States.
The NPRM proposed to expand the
relationships included in the definition
of ‘‘members of a family residing in one
household’’ and to refer to the additions
as ‘‘domestic relationships.’’ As
proposed in the NPRM, ‘‘domestic
relationships’’ would include foster
children, stepchildren, half-siblings,
legal wards, other dependents, and
individuals with an in loco parentis or
guardianship relationship within the
definition of ‘‘members of a family
residing in one household.’’ ‘‘Domestic
relationships’’ would also include two
adult individuals in a committed
relationship wherein the partners share
financial assets and obligations, and are
not married to, or a partner of, anyone
else, including, but not limited to, longtime companions, and couples in civil
unions or domestic partnerships. The
proposed term ‘‘domestic relationship’’
would not extend to roommates or other
cohabitants not otherwise meeting the
above definition. Additionally, the
proposed changes would not alter the
residency requirements that, in order to
file a family declaration, members of a
family residing in one household must
have lived together in one household at
their last permanent residence and
intend to live together in one household
after their arrival in the United States.
The NPRM also proposed to remove
outdated references to ‘‘resident
servants’’ of a family and state instead
that individuals employed by the
household but not related by blood,
marriage, domestic relationship, or
adoption cannot be included in the
family declaration.
Finally, the NPRM proposed to
remove the phrase ‘‘regardless of age’’
where it currently appears in the
introductory text of §§ 148.34(b) and
148.103(b), because it would not be
consistent with the proposed definition
of ‘‘domestic relationships.’’
CBP solicited comments on the
proposed rulemaking.
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Discussion of Comments
Twenty-three commenters responded
to the solicitation of public comment in
the proposed rule. Twenty-two of those
comments were favorable, noting in
particular that the proposed
amendments would reduce passenger
processing time and create less
paperwork for people who are traveling
together as a family. Several of the
commenters included additional
suggestions. The one comment that was
opposed to the proposal was submitted
anonymously and stated that ‘‘this
needs to stay as is, don’t add to or
change it.’’ Since the proposed
definition more accurately reflects
family relationships among members of
the traveling public, CBP is not
persuaded by this comment. A
description of the comments received,
together with CBP’s responses, is set
forth below.
Overall
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Comment
The vast majority of commenters
supported CBP’s effort to broaden the
definition of members of a family
residing in one household to more
accurately reflect relationships among
members of the public who are traveling
together as a family, to reduce passenger
processing time, and to create less
paperwork for people who are traveling
together as a family. Many commenters
shared their own personal experiences
upon their return to the United States
and outlined what they perceived to be
inconsistent and sometimes rude
behavior by CBP officers. These
commenters expressed their expectation
that when the rule becomes final, CBP
would apply the proposed definition
consistently at all ports of entry.
CBP Response
CBP is encouraged that members of
the public are receptive to the proposal
to expand the definition of members of
a family residing in one household.
Expanding the definition beyond the
current criteria of ‘‘by blood, marriage,
and adoption,’’ would facilitate travel
for families and would reduce the
paperwork burden on both the traveling
public and the government. As is further
discussed in a response to a comment
below, CBP plans to raise public
awareness and train CBP staff to
promote the consistent application of
this new definition once it is final.
Children of Domestic Partners
Comment
One commenter suggested that the
regulations should clearly identify
children of domestic partners as being
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within the definition of ‘‘members of a
family residing in one household.’’
CBP Response
Biological and adopted children of a
domestic partner meet the criteria of
being ‘‘related by blood’’ or ‘‘by
adoption’’ of paragraph (b)(1) of § 148.34
(19 CFR 148.34(b)(1)). The revised
definition was expanded to also include
foster children, stepchildren, halfsiblings, legal wards, and other
dependents, and individuals with an in
loco parentis or guardianship
relationship.
Shared Financial Assets and
Obligations
Comment
Three commenters noted that the
proposed language appears to exclude
some family members who should fall
within the definition of ‘‘domestic
relationship.’’ For instance, one
commenter questioned whether the
proposed definition would exclude a
family member who does not work
outside of the house because that family
member would not ‘‘share financial
assets and obligations.’’
One commenter was concerned that
the sharing of financial assets may be
interpreted too narrowly by CBP
Officers. This commenter recommended
that the requirement of ‘‘wherein the
partners share financial assets and
obligations’’ in the definition of
‘‘domestic relationship’’ be revised to
read, ‘‘wherein the partners are
financially interdependent’’ because a
partner who does not work outside the
home may not be contributing to or
‘‘sharing financial assets,’’ but he or she
is financially interdependent with the
salary-earning partner.
One commenter suggested amending
the definition to read as follows: ‘‘Two
adults who are in a committed
relationship including, but not limited
to, long-time companions, and couples
in civil unions, or domestic
partnerships, wherein the partners are
financially interdependent, and are not
married to, or a partner of anyone else.’’
Some commenters recommended that
CBP not define ‘‘members of a family’’
by their finances at all.
CBP Response
The regulations at issue address the
ability of returning U.S. residents to
group the exemptions for articles
acquired abroad to which the several
members of the family may be entitled.
Therefore, the issue of finances is
relevant to the definition. CBP interprets
the phrase ‘‘wherein the partners share
financial assets and obligations’’ to
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include situations where one partner
does not work outside the home.
Nevertheless, upon consideration of this
comment, CBP agrees that the term,
‘‘financially interdependent’’ is clearer,
and CBP will adopt this suggestion.
Definition of Resident
Comment
Some commenters expressed concern
whether the definition of ‘‘resident’’ as
used by CBP in this context is the same
as ‘‘permanent resident’’ as used in the
immigration law context. Another
commenter expressed the view that the
definitions of ‘‘resident’’ and ‘‘nonresident’’ are not clear and should be
further explained in the regulations.
CBP Response
The term ‘‘resident’’ for purposes of
this regulation is not the same as
‘‘lawful permanent resident’’ in
immigration law. For customs purposes,
pursuant to 19 CFR 148.2, persons
arriving from foreign countries are
divided into two categories: (1)
Residents of the United States returning
from abroad and (2) all other persons
(i.e., visitors). In describing further how
a returning resident is described for
customs purposes, paragraph (b) of
§ 148.2 provides, in pertinent part, that
citizens of the United States or persons
who have formerly resided in the
United States (including American
citizens who are residents of American
Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, or the
Virgin Islands of the United States) will
be deemed residents of the United
States returning from abroad within the
meaning of ‘‘residents’’ as used in
Chapter 98, Subchapter IV, Harmonized
Tariff Schedule of the United States (19
U.S.C. 1202), in the absence of evidence
that they have established a home
elsewhere. For example, U.S. lawful
permanent residents returning from
abroad, who satisfy the definition of
‘‘members of a family residing in one
household,’’ also may file a joint CBP
declaration and aggregate their duty
exemptions.
Paragraph (c) of § 148.2 provides that,
‘‘[a]ny person arriving in the United
States who is not a resident of the
United States or who, though a resident
of the United States, is not returning
from abroad, shall be treated for the
purpose of these regulations as a
nonresident.’’
Married Women’s Status and Gender
Language
Comment
Two commenters recommend that 19
CFR 148.2(b) be amended to remove
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outdated language. Section 148.2(b)
states, in part, ‘‘For this purpose, the
residence of a wife shall be deemed to
be that of her husband unless
satisfactory evidence is presented that
the wife has established a separate
residence elsewhere.’’ One commenter
proposed that CBP eliminate this
sentence and the following sentence on
children’s residence or revise it to be
gender neutral and encompass the
revised definition of members of a
family residing in one household.
CBP Response
CBP agrees. In the regulatory text,
CBP is removing the outdated sentence
regarding the residence of the wife
because a woman can claim her own
individual personal exemption. CBP is
also revising the sentence on a child’s
residence to make it gender neutral.
Non-Resident Visitors
Comment
Two commenters recommend that the
regulations be further amended to
permit visitors entering the United
States to complete a single CBP Form
6059–B in accordance with the
expanded definition of family.
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CBP Response
In the NPRM, CBP proposed to revise
the definition of the phrase ‘‘members of
a family residing in one household.’’
That phrase is used in 19 CFR 148.34(b)
and 148.103(b), which relate to the
family grouping of exemptions for
articles acquired abroad to which only
returning residents are eligible.
All individuals entering the United
States must declare all articles acquired
abroad to CBP at the port of first arrival
in the United States. Returning residents
and nonresidents arriving in the United
States must make a declaration, either
oral or written, of the merchandise they
are importing and must pay duty on the
merchandise unless specifically
exempted by law. See 19 U.S.C. 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States (HTSUS)).
Unless an oral declaration is accepted,
a person arriving in the United States
must complete a written declaration on
CBP Form 6059–B and present the form
to the CBP officer at inspection. Section
148.14 of title 19 CFR is the regulatory
section applicable to all international
travelers presenting themselves at a port
of entry. That section uses the phrase
‘‘family group residing in one
household.’’ The term ‘‘family group
residing in one household’’ is not
currently defined in statute or
regulation. In light of the comments CBP
has received and for consistency and
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clarity, CBP will amend § 148.14 to
explicitly define the phrase ‘‘family
group residing in one household’’ to
mean persons who are related by blood,
marriage, domestic relationship (as
defined in § 148.34(c)), or adoption.
Accordingly, visitors entering the U.S.
who meet the expanded definition of
family group residing in one household
may file a single CBP Form 6059–B, but
they do not get the benefit of any duty
aggregation, or any other benefits which
are only provided to residents of the
United States.
Binational Families
Comment
One commenter raised questions
regarding ‘‘binational families’’ (families
where one family member is a U.S.
citizen or lawful permanent resident
and another is a non-immigrant) and the
fact that the current form does not
indicate that families must have the
same U.S. immigration status in order to
submit the form jointly.
CBP Response
As indicated before, the declaration
requirement is controlled by the
customs regulations which are in title
19 of the Code of Federal Regulations
(CFR); this regulation does not concern
the immigration status of the traveler
which would be controlled by the
regulations in title 8 of the CFR. The
proposed changes do not alter the
residency requirements that, in order to
file a family declaration, members of a
family residing in one household must
have lived together in one household at
their last permanent residence in the
United States and intend to live together
in one household after their arrival in
the United States. Therefore, if one
family member resides in the United
States and another resides abroad, even
if they are traveling together, they are
not eligible to file a joint customs
declaration. In this instance, the
returning resident would be entitled to
the personal duty exemption of $800 for
articles acquired abroad (and not the
family grouping of duty aggregation of
$1,600) while the non-resident family
member would be entitled to the duty
exemptions allowed for visitors.
Published Guidance & Training
Comment
Two commenters recommend that
CBP publish guidance for the public and
train employees on the meaning of
‘‘residence’’ and ‘‘permanent
residence.’’ Two commenters suggested
that CBP include the new definition of
‘‘domestic relationship’’ on the
instructions for CBP Form 6059–B and
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76531
in the FAQ section of CBP Form 6059–
B posted on the CBP Web site. A
commenter expressed the need for
training on the new regulations in order
for them to be implemented properly
and recommended that instruction on
the proposed changes be part of the
regularly scheduled training of all CBP
officers.
CBP Response
CBP understands the need to make
clear to the traveling public who is
included in the expanded definition of
family to facilitate the completion of
customs declarations. After this rule is
published, CBP plans to update the
travel section of the CBP Web site
including the FAQ section on CBP Form
6059–B itself which is also found on the
CBP Web site. CBP’s public affairs
materials will also be updated to reflect
the expanded definition of the terms
‘‘members of a family residing in one
household’’ and a ‘‘family group
residing in one household.’’ The Office
of Field Operations (OFO) and the
Office of Public Affairs plan to do
outreach to trade groups and airline
associations so that the public is made
aware of the changes. For CBP officers
and OFO staff, a roll out of memoranda,
musters, and updates of CBP Officer
Basic Training Academy training will be
implemented upon final rule
publication.
While CBP will not be amending CBP
Form 6059–B (OMB Control Number
1651–0009) at this time, the form is
scheduled to expire in February 2014.
CBP will solicit comments during the
renewal process on whether the form
should be revised to improve clarity of
the form or to reduce the number of
questions listed on the form. CBP will
also evaluate whether oral declarations
could be used more often than written
declarations. More discussion regarding
the information collection associated
with this regulation can be found later
in the document in the section
‘‘Paperwork Reduction Act’’.
Conclusion
After review of the comments and
further consideration, CBP has decided
to adopt as final, with the changes
discussed above in the preamble and
with additional non-substantive
editorial changes, the proposed rule
published in the Federal Register (77
FR 18143) on March 27, 2012.
Executive Order 12866 and Executive
Order 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
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necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a ‘‘significant
regulatory action’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget has reviewed this rule.
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Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires Federal
agencies to examine the impact a rule
will have on small entities. A small
entity may be: a small business (defined
as any independently owned and
operated business not dominant in its
field that qualifies as a small business
under the Small Business Act); a small
not-for-profit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people). Because this
rule directly regulates individuals and
families, and these are not considered
small entities, CBP certifies under 5
U.S.C. 605(b) that the amendments will
not have a significant economic impact
on a substantial number of small
entities.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
an agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection of information displays a
valid control number assigned by Office
of Management and Budget (OMB). The
information collected under 19 CFR part
148 is included under OMB control
number 1651–0009. There are no new
collections of information required by
this document and CBP is not modifying
the form at this time. The number of
responses related to the completion of
the CBP Form 6059–B (customs
declaration) for OMB control number
1651–0009 by members of the public
traveling by air and sea is currently
105,606,000. This number has been
updated below to reflect an estimated
decrease of 1,100,000 customs
declarations completed as a result of
this rule:
Estimated Number of Respondents
(Travelers): 104,506,000.
Estimated Time per Response: 4
minutes.
Estimated Total Responses:
104,506,000.
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Estimated Total Annual Burden
Hours: 7,001,902.
The customs declaration (CBP Form
6059–B) is due to expire on February 28,
2014. CBP will determine whether the
form should be significantly revised, or
whether there can be an expanded use
of oral declarations instead of written
declarations to further reduce the
paperwork burden on the traveler. CBP
plans to publish a 60-day Federal
Register Notice and a 30-day Federal
Register Notice to solicit comments
from the public on CBP Form 6059–B
prior to its expiration. CBP Form 6059–
B and instructions can be seen on the
following Web site: https://cbp.gov/xp/
cgov/travel/vacation/sample_
declaration_form.xml.
Signing Authority
This document is being issued in
accordance with 19 CFR 0.1(a)(1).
List of Subjects in 19 CFR Part 148
Customs duties and inspection,
Declarations, Taxes.
Amendments to the CBP Regulations
For the reasons set forth above, part
148 of the CBP regulations (19 CFR part
148) is amended as set forth below.
PART 148—PERSONAL
DECLARATIONS AND EXEMPTIONS
1. The general authority for part 148
continues to read as follows:
■
Authority: 19 U.S.C. 66, 1496, 1498, 1624.
The provisions of this part, except for subpart
C, are also issued under 19 U.S.C. 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States);
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2. In § 148.2,
a. Paragraphs (a) through (d) are
amended by removing the word, ‘‘shall’’
wherever it appears, and adding in its
place the word, ‘‘will’’; and
■ b. Paragraph (b) is further amended by
removing the last two sentences and
adding a new last sentence.
The addition reads as follows:
■
■
§ 148.2 Residence status of arriving
persons.
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(b) * * * The residence of a minor
child will be presumed to be the
residence of the child’s parents.
*
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■ 3. Section 148.14 is amended by
removing the last sentence and adding
two sentences to read as follows:
§ 148.14
Family declarations.
* * * ‘‘A family group residing in
one household’’ means persons who are
related by blood, marriage, domestic
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relationship (as defined in § 148.34(c)),
or adoption. Individuals who are
employed by the household but not
related by blood, marriage, domestic
relationship, or adoption will not be
included in the family declaration.
4. In § 148.34:
■ a. Paragraph (a) is amended by
revising the last sentence;
■ b. Paragraph (b) is revised; and
■ c. Paragraph (c) is added.
The additions and revisions read as
follows:
■
§ 148.34 Family grouping of exemptions
for articles acquired abroad.
(a) * * * No exemptions allowable to
individuals employed by the household
and accompanying the family but not
related by blood, marriage, domestic
relationship, or adoption will be
included in the family grouping.
(b) Members of a family residing in
one household. ‘‘Members of a family
residing in one household’’ includes all
persons who:
(1) Are related by blood, marriage,
domestic relationship, or adoption;
(2) Lived together in one household at
their last permanent residence; and
(3) Intend to live in one household
after their arrival in the United States.
(c) Domestic relationship. As used in
paragraph (b)(1) of this section, the term
‘‘domestic relationship’’ includes foster
children, stepchildren, half-siblings,
legal wards, other dependents,
individuals with an in loco parentis or
guardianship relationship, and two
adults who are in a committed
relationship including, but not limited
to, long-time companions, and couples
in civil unions, or domestic
partnerships, wherein the partners are
financially interdependent, and are not
married to, or a partner of, anyone else.
The term ‘‘domestic relationship’’ does
not extend to roommates or other
cohabitants not otherwise meeting this
definition.
5. In § 148.103, paragraph (b) is
revised to read as follows:
■
§ 148.103
Family grouping of allowances.
*
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*
*
*
(b) Members of a family residing in
one household. ‘‘Members of a family
residing in one household’’ includes all
persons who:
(1) Are related by blood, marriage,
domestic relationship (as defined in
§ 148.34(c)), or adoption;
(2) Lived together in one household at
their last permanent residence; and
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(3) Intend to live in one household
after their arrival in the United States.
Thomas S. Winkowski,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: December 13, 2013.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2013–30075 Filed 12–17–13; 8:45 am]
BILLING CODE 9111–14–P
POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Domestic
Mailing Services Products
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
On September 26, 2013, the
Postal Service filed a notice of mailing
services price adjustments with the
Postal Regulatory Commission (PRC),
effective January 26, 2014. This final
rule contains the revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM®)
that we will adopt to implement the
changes coincident with the price
adjustments.
DATES: Effective Date: January 26, 2014.
FOR FURTHER INFORMATION CONTACT: Bill
Chatfield at 202–268–7278, Lizbeth
Dobbins at 202–268–3789, or Steve
Monteith at 202–268–6983.
SUPPLEMENTARY INFORMATION: Prices are
available under Docket Nos. R2013–10
and R2010–4R on the Postal Regulatory
Commission’s Web site at www.prc.gov.
The Postal Service’s final rule
includes new pricing eligibility for retail
and commercial nonpresorted FirstClass Mail® letters, several mail
classification changes, and condensing
of current standards for Periodicals
publications. Directly below, we discuss
comments on proposed changes, and the
Postal Service response to those
comments, followed by a summary of all
the changes.
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
Comments on Proposed Changes
The Postal Service received four
formal comments on our price-change
related proposal.
The Postal Service had proposed to
disallow adhesive labels on all sacks
and trays. We received one formal
comment and one informal comment
about this. We will be disallowing
adhesive labels only for trays. Also, we
are working with the mailing industry to
evaluate the technological and
operational feasibility of alternatives to
current labeling methods.
VerDate Mar<15>2010
14:56 Dec 17, 2013
Jkt 232001
A mailer association disagreed with
the 200-piece minimum for permit
imprint mailings of First-Class Mail
letters at the new metered price. The
200-piece minimum for permit imprint
mailings of letters is not a new standard
and is not being changed at this time.
First-Class Mail letters that are residual
from a presort or automation mailing
and are presented with that mailing are
not subject to a separate minimum.
Regarding flats sequencing system
(FSS), a mailer association suggested to
change the required minimum for an
FSS scheme pallet to 500 pounds
instead of 250 pounds. We note that
mailers who currently choose to prepare
FSS mail must make FSS scheme or FSS
facility pallets when the quantity
reaches 250 pounds, so that minimum is
not a change. Also, the FSS facility
pallet is currently required at 250
pounds for those choosing to prepare
FSS pallets, whereas it will not be a
required pallet level in January. While
the 250-pound requirement may result
in more pallets in some cases, it is very
important that the FSS mail be
separated from other mail for efficient
processing. Also, we are increasing the
allowed number of stacked pallets from
4 to 6, which will increase logistical
flexibility.
The same mailer association also
questioned specific FSS piece prices
that were developed for software
coding; other than Bound Printed Matter
pricing, those prices are placeholders
for possible future application. Except
for ADC and MADC pieces (which will
be eligible for 3-digit prices), pieces in
an FSS bundle will be eligible for the
price they would otherwise be eligible
for according to the qualification
documentation.
Regarding the price charts for
Standard Mail, FSS scheme pallets may
be entered at origin, or at DNDC, DSCF,
or DFSS entry points, but the tenth of
a cent discount price will be only for
flats placed on FSS scheme pallets
entered at DFSS entry points.
We received one comment about the
revision to the claims standards
requiring that a fair market value of
insured coins or stamps be current and
prior to the mailing date. The
commenter asked if the USPS® would
be advising each mailer mailing insured
items of this change. We consider that
this revision is primarily a clarification
and provides equal protection for the
mailer and the USPS regarding
potentially significant fluctuations in
the value of those items. The proposal
provides sufficient public notice.
We received three suggestions from
the same commenter regarding
handstamps with an addressee’s printed
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
76533
signature and address: one to allow
mechanical devices similar to
handstamps, one to declare that a
handstamp is legally binding, and the
other to state that handstamps must be
applied by the addressee (or agent). We
are not expanding this section to allow
similar devices; and we consider that
the current language, that a handstamp
is an optional way of providing the
signature, is sufficient. We do agree to
state that such handstamps must be
used by the addressee or agent.
A mailer association questioned how
we will check compliance with fullservice automation requirements. There
were no items regarding full-service as
part of this proposal. Questions about
compliance with full-service standards
should be directed to the Vice-President
of Mail Entry and Payment Technology.
We received one formal complaint about
the proposed disallowance of simplified
addresses on detached address labels
(DALs) used with Standard Mail flats,
thus requiring mailers to use complete
delivery addresses on such DALs. This
change would require complete
addresses on the DALs, or the mailer
could still use simplified addresses
directly on the flats. Although we are
not removing this change, mailers with
exceptional circumstances that preclude
them from transitioning to complete
delivery addresses by January while
retaining their customary volume of this
type of mail may request limited
exceptions (through their district
manager, business mail entry) from the
Pricing and Classification Service
Center.
Change for Letters
Retail and Commercial First-Class Mail
Letters
The Postal Service adds a new singlepiece nonpresorted First-Class Mail
letter price category to be called Metered
Mail. Prices for this category are
separate from other retail single-piece
First-Class Mail letters, and apply to
First-Class Mail letters when postage is
affixed or imprinted by the mailer for
metered indicia, PC Postage®,
precanceled stamps, or permit imprint.
There is no minimum volume, except
for pieces paid by permit imprint, for
which the existing minimum of 200
pieces would apply. These prices also
apply to residual pieces from
automation or presorted First-Class Mail
letter mailings, presented in letter trays.
When such residual pieces are part of a
permit imprint mailing for the presorted
or automation mailing, and claimed on
the same postage statement as the
primary mailing, there is no separate
E:\FR\FM\18DER1.SGM
18DER1
]]>Agencies
[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Rules and Regulations]
[Pages 76529-76533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30075]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 148
[CBP Dec. 13-19; USCBP-2012-0008]
RIN 1515-AD76
Members of a Family for Purpose of Filing CBP Family Declaration
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule affects persons eligible to file a single
customs declaration. The final rule expands the definitions of family
members residing in one household. As a result of this expansion, more
U.S. returning resident and non-resident visitor families will be
eligible to file a single customs declaration, and correspondingly,
more U.S. returning resident family members may group their personal
duty exemptions.
DATES: Effective January 17, 2014.
FOR FURTHER INFORMATION CONTACT: Sophie Galvan, Program Manager,
Trusted Traveler Programs, Office of Field Operations, (202) 344-2292.
SUPPLEMENTARY INFORMATION:
Background
On March 27, 2012, U.S. Customs and Border Protection (CBP)
published a notice of proposed rulemaking (NPRM) in the Federal
Register (77 FR 18143) proposing to amend title 19 of the Code of
Federal Regulations (19 CFR) regarding U.S. returning residents who are
eligible to file a single customs declaration for members of a family
residing in one household and traveling together upon arrival in the
United States. The amendments proposed in the NPRM would expand the
definition of ``members of a family residing in one household'' for
purposes of allowing a responsible family member to make a joint
declaration, either oral or written, for articles acquired abroad for
all members of a family residing in one household and traveling
together on their return to the United States.
The NPRM proposed to expand the relationships included in the
definition of ``members of a family residing in one household'' and to
refer to the additions as ``domestic relationships.'' As proposed in
the NPRM, ``domestic relationships'' would include foster children,
stepchildren, half-siblings, legal wards, other dependents, and
individuals with an in loco parentis or guardianship relationship
within the definition of ``members of a family residing in one
household.'' ``Domestic relationships'' would also include two adult
individuals in a committed relationship wherein the partners share
financial assets and obligations, and are not married to, or a partner
of, anyone else, including, but not limited to, long-time companions,
and couples in civil unions or domestic partnerships. The proposed term
``domestic relationship'' would not extend to roommates or other
cohabitants not otherwise meeting the above definition. Additionally,
the proposed changes would not alter the residency requirements that,
in order to file a family declaration, members of a family residing in
one household must have lived together in one household at their last
permanent residence and intend to live together in one household after
their arrival in the United States. The NPRM also proposed to remove
outdated references to ``resident servants'' of a family and state
instead that individuals employed by the household but not related by
blood, marriage, domestic relationship, or adoption cannot be included
in the family declaration.
Finally, the NPRM proposed to remove the phrase ``regardless of
age'' where it currently appears in the introductory text of Sec. Sec.
148.34(b) and 148.103(b), because it would not be consistent with the
proposed definition of ``domestic relationships.''
CBP solicited comments on the proposed rulemaking.
[[Page 76530]]
Discussion of Comments
Twenty-three commenters responded to the solicitation of public
comment in the proposed rule. Twenty-two of those comments were
favorable, noting in particular that the proposed amendments would
reduce passenger processing time and create less paperwork for people
who are traveling together as a family. Several of the commenters
included additional suggestions. The one comment that was opposed to
the proposal was submitted anonymously and stated that ``this needs to
stay as is, don't add to or change it.'' Since the proposed definition
more accurately reflects family relationships among members of the
traveling public, CBP is not persuaded by this comment. A description
of the comments received, together with CBP's responses, is set forth
below.
Overall
Comment
The vast majority of commenters supported CBP's effort to broaden
the definition of members of a family residing in one household to more
accurately reflect relationships among members of the public who are
traveling together as a family, to reduce passenger processing time,
and to create less paperwork for people who are traveling together as a
family. Many commenters shared their own personal experiences upon
their return to the United States and outlined what they perceived to
be inconsistent and sometimes rude behavior by CBP officers. These
commenters expressed their expectation that when the rule becomes
final, CBP would apply the proposed definition consistently at all
ports of entry.
CBP Response
CBP is encouraged that members of the public are receptive to the
proposal to expand the definition of members of a family residing in
one household. Expanding the definition beyond the current criteria of
``by blood, marriage, and adoption,'' would facilitate travel for
families and would reduce the paperwork burden on both the traveling
public and the government. As is further discussed in a response to a
comment below, CBP plans to raise public awareness and train CBP staff
to promote the consistent application of this new definition once it is
final.
Children of Domestic Partners
Comment
One commenter suggested that the regulations should clearly
identify children of domestic partners as being within the definition
of ``members of a family residing in one household.''
CBP Response
Biological and adopted children of a domestic partner meet the
criteria of being ``related by blood'' or ``by adoption'' of paragraph
(b)(1) of Sec. 148.34 (19 CFR 148.34(b)(1)). The revised definition
was expanded to also include foster children, stepchildren, half-
siblings, legal wards, and other dependents, and individuals with an in
loco parentis or guardianship relationship.
Shared Financial Assets and Obligations
Comment
Three commenters noted that the proposed language appears to
exclude some family members who should fall within the definition of
``domestic relationship.'' For instance, one commenter questioned
whether the proposed definition would exclude a family member who does
not work outside of the house because that family member would not
``share financial assets and obligations.''
One commenter was concerned that the sharing of financial assets
may be interpreted too narrowly by CBP Officers. This commenter
recommended that the requirement of ``wherein the partners share
financial assets and obligations'' in the definition of ``domestic
relationship'' be revised to read, ``wherein the partners are
financially interdependent'' because a partner who does not work
outside the home may not be contributing to or ``sharing financial
assets,'' but he or she is financially interdependent with the salary-
earning partner.
One commenter suggested amending the definition to read as follows:
``Two adults who are in a committed relationship including, but not
limited to, long-time companions, and couples in civil unions, or
domestic partnerships, wherein the partners are financially
interdependent, and are not married to, or a partner of anyone else.''
Some commenters recommended that CBP not define ``members of a
family'' by their finances at all.
CBP Response
The regulations at issue address the ability of returning U.S.
residents to group the exemptions for articles acquired abroad to which
the several members of the family may be entitled. Therefore, the issue
of finances is relevant to the definition. CBP interprets the phrase
``wherein the partners share financial assets and obligations'' to
include situations where one partner does not work outside the home.
Nevertheless, upon consideration of this comment, CBP agrees that the
term, ``financially interdependent'' is clearer, and CBP will adopt
this suggestion.
Definition of Resident
Comment
Some commenters expressed concern whether the definition of
``resident'' as used by CBP in this context is the same as ``permanent
resident'' as used in the immigration law context. Another commenter
expressed the view that the definitions of ``resident'' and ``non-
resident'' are not clear and should be further explained in the
regulations.
CBP Response
The term ``resident'' for purposes of this regulation is not the
same as ``lawful permanent resident'' in immigration law. For customs
purposes, pursuant to 19 CFR 148.2, persons arriving from foreign
countries are divided into two categories: (1) Residents of the United
States returning from abroad and (2) all other persons (i.e.,
visitors). In describing further how a returning resident is described
for customs purposes, paragraph (b) of Sec. 148.2 provides, in
pertinent part, that citizens of the United States or persons who have
formerly resided in the United States (including American citizens who
are residents of American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, or the Virgin Islands of the United States) will be
deemed residents of the United States returning from abroad within the
meaning of ``residents'' as used in Chapter 98, Subchapter IV,
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), in
the absence of evidence that they have established a home elsewhere.
For example, U.S. lawful permanent residents returning from abroad, who
satisfy the definition of ``members of a family residing in one
household,'' also may file a joint CBP declaration and aggregate their
duty exemptions.
Paragraph (c) of Sec. 148.2 provides that, ``[a]ny person arriving
in the United States who is not a resident of the United States or who,
though a resident of the United States, is not returning from abroad,
shall be treated for the purpose of these regulations as a
nonresident.''
Married Women's Status and Gender Language
Comment
Two commenters recommend that 19 CFR 148.2(b) be amended to remove
[[Page 76531]]
outdated language. Section 148.2(b) states, in part, ``For this
purpose, the residence of a wife shall be deemed to be that of her
husband unless satisfactory evidence is presented that the wife has
established a separate residence elsewhere.'' One commenter proposed
that CBP eliminate this sentence and the following sentence on
children's residence or revise it to be gender neutral and encompass
the revised definition of members of a family residing in one
household.
CBP Response
CBP agrees. In the regulatory text, CBP is removing the outdated
sentence regarding the residence of the wife because a woman can claim
her own individual personal exemption. CBP is also revising the
sentence on a child's residence to make it gender neutral.
Non-Resident Visitors
Comment
Two commenters recommend that the regulations be further amended to
permit visitors entering the United States to complete a single CBP
Form 6059-B in accordance with the expanded definition of family.
CBP Response
In the NPRM, CBP proposed to revise the definition of the phrase
``members of a family residing in one household.'' That phrase is used
in 19 CFR 148.34(b) and 148.103(b), which relate to the family grouping
of exemptions for articles acquired abroad to which only returning
residents are eligible.
All individuals entering the United States must declare all
articles acquired abroad to CBP at the port of first arrival in the
United States. Returning residents and nonresidents arriving in the
United States must make a declaration, either oral or written, of the
merchandise they are importing and must pay duty on the merchandise
unless specifically exempted by law. See 19 U.S.C. 1202 (General Note
3(i), Harmonized Tariff Schedule of the United States (HTSUS)). Unless
an oral declaration is accepted, a person arriving in the United States
must complete a written declaration on CBP Form 6059-B and present the
form to the CBP officer at inspection. Section 148.14 of title 19 CFR
is the regulatory section applicable to all international travelers
presenting themselves at a port of entry. That section uses the phrase
``family group residing in one household.'' The term ``family group
residing in one household'' is not currently defined in statute or
regulation. In light of the comments CBP has received and for
consistency and clarity, CBP will amend Sec. 148.14 to explicitly
define the phrase ``family group residing in one household'' to mean
persons who are related by blood, marriage, domestic relationship (as
defined in Sec. 148.34(c)), or adoption.
Accordingly, visitors entering the U.S. who meet the expanded
definition of family group residing in one household may file a single
CBP Form 6059-B, but they do not get the benefit of any duty
aggregation, or any other benefits which are only provided to residents
of the United States.
Binational Families
Comment
One commenter raised questions regarding ``binational families''
(families where one family member is a U.S. citizen or lawful permanent
resident and another is a non-immigrant) and the fact that the current
form does not indicate that families must have the same U.S.
immigration status in order to submit the form jointly.
CBP Response
As indicated before, the declaration requirement is controlled by
the customs regulations which are in title 19 of the Code of Federal
Regulations (CFR); this regulation does not concern the immigration
status of the traveler which would be controlled by the regulations in
title 8 of the CFR. The proposed changes do not alter the residency
requirements that, in order to file a family declaration, members of a
family residing in one household must have lived together in one
household at their last permanent residence in the United States and
intend to live together in one household after their arrival in the
United States. Therefore, if one family member resides in the United
States and another resides abroad, even if they are traveling together,
they are not eligible to file a joint customs declaration. In this
instance, the returning resident would be entitled to the personal duty
exemption of $800 for articles acquired abroad (and not the family
grouping of duty aggregation of $1,600) while the non-resident family
member would be entitled to the duty exemptions allowed for visitors.
Published Guidance & Training
Comment
Two commenters recommend that CBP publish guidance for the public
and train employees on the meaning of ``residence'' and ``permanent
residence.'' Two commenters suggested that CBP include the new
definition of ``domestic relationship'' on the instructions for CBP
Form 6059-B and in the FAQ section of CBP Form 6059-B posted on the CBP
Web site. A commenter expressed the need for training on the new
regulations in order for them to be implemented properly and
recommended that instruction on the proposed changes be part of the
regularly scheduled training of all CBP officers.
CBP Response
CBP understands the need to make clear to the traveling public who
is included in the expanded definition of family to facilitate the
completion of customs declarations. After this rule is published, CBP
plans to update the travel section of the CBP Web site including the
FAQ section on CBP Form 6059-B itself which is also found on the CBP
Web site. CBP's public affairs materials will also be updated to
reflect the expanded definition of the terms ``members of a family
residing in one household'' and a ``family group residing in one
household.'' The Office of Field Operations (OFO) and the Office of
Public Affairs plan to do outreach to trade groups and airline
associations so that the public is made aware of the changes. For CBP
officers and OFO staff, a roll out of memoranda, musters, and updates
of CBP Officer Basic Training Academy training will be implemented upon
final rule publication.
While CBP will not be amending CBP Form 6059-B (OMB Control Number
1651-0009) at this time, the form is scheduled to expire in February
2014. CBP will solicit comments during the renewal process on whether
the form should be revised to improve clarity of the form or to reduce
the number of questions listed on the form. CBP will also evaluate
whether oral declarations could be used more often than written
declarations. More discussion regarding the information collection
associated with this regulation can be found later in the document in
the section ``Paperwork Reduction Act''.
Conclusion
After review of the comments and further consideration, CBP has
decided to adopt as final, with the changes discussed above in the
preamble and with additional non-substantive editorial changes, the
proposed rule published in the Federal Register (77 FR 18143) on March
27, 2012.
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 76532]]
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has been designated a ``significant regulatory action''
although not economically significant, under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget has
reviewed this rule.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to examine the impact a rule will have on small
entities. A small entity may be: a small business (defined as any
independently owned and operated business not dominant in its field
that qualifies as a small business under the Small Business Act); a
small not-for-profit organization; or a small governmental jurisdiction
(locality with fewer than 50,000 people). Because this rule directly
regulates individuals and families, and these are not considered small
entities, CBP certifies under 5 U.S.C. 605(b) that the amendments will
not have a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection of information displays a valid control number assigned by
Office of Management and Budget (OMB). The information collected under
19 CFR part 148 is included under OMB control number 1651-0009. There
are no new collections of information required by this document and CBP
is not modifying the form at this time. The number of responses related
to the completion of the CBP Form 6059-B (customs declaration) for OMB
control number 1651-0009 by members of the public traveling by air and
sea is currently 105,606,000. This number has been updated below to
reflect an estimated decrease of 1,100,000 customs declarations
completed as a result of this rule:
Estimated Number of Respondents (Travelers): 104,506,000.
Estimated Time per Response: 4 minutes.
Estimated Total Responses: 104,506,000.
Estimated Total Annual Burden Hours: 7,001,902.
The customs declaration (CBP Form 6059-B) is due to expire on
February 28, 2014. CBP will determine whether the form should be
significantly revised, or whether there can be an expanded use of oral
declarations instead of written declarations to further reduce the
paperwork burden on the traveler. CBP plans to publish a 60-day Federal
Register Notice and a 30-day Federal Register Notice to solicit
comments from the public on CBP Form 6059-B prior to its expiration.
CBP Form 6059-B and instructions can be seen on the following Web site:
https://cbp.gov/xp/cgov/travel/vacation/sample_declaration_form.xml.
Signing Authority
This document is being issued in accordance with 19 CFR 0.1(a)(1).
List of Subjects in 19 CFR Part 148
Customs duties and inspection, Declarations, Taxes.
Amendments to the CBP Regulations
For the reasons set forth above, part 148 of the CBP regulations
(19 CFR part 148) is amended as set forth below.
PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS
0
1. The general authority for part 148 continues to read as follows:
Authority: 19 U.S.C. 66, 1496, 1498, 1624. The provisions of
this part, except for subpart C, are also issued under 19 U.S.C.
1202 (General Note 3(i), Harmonized Tariff Schedule of the United
States);
* * * * *
0
2. In Sec. 148.2,
0
a. Paragraphs (a) through (d) are amended by removing the word,
``shall'' wherever it appears, and adding in its place the word,
``will''; and
0
b. Paragraph (b) is further amended by removing the last two sentences
and adding a new last sentence.
The addition reads as follows:
Sec. 148.2 Residence status of arriving persons.
* * * * *
(b) * * * The residence of a minor child will be presumed to be the
residence of the child's parents.
* * * * *
0
3. Section 148.14 is amended by removing the last sentence and adding
two sentences to read as follows:
Sec. 148.14 Family declarations.
* * * ``A family group residing in one household'' means persons
who are related by blood, marriage, domestic relationship (as defined
in Sec. 148.34(c)), or adoption. Individuals who are employed by the
household but not related by blood, marriage, domestic relationship, or
adoption will not be included in the family declaration.
0
4. In Sec. 148.34:
0
a. Paragraph (a) is amended by revising the last sentence;
0
b. Paragraph (b) is revised; and
0
c. Paragraph (c) is added.
The additions and revisions read as follows:
Sec. 148.34 Family grouping of exemptions for articles acquired
abroad.
(a) * * * No exemptions allowable to individuals employed by the
household and accompanying the family but not related by blood,
marriage, domestic relationship, or adoption will be included in the
family grouping.
(b) Members of a family residing in one household. ``Members of a
family residing in one household'' includes all persons who:
(1) Are related by blood, marriage, domestic relationship, or
adoption;
(2) Lived together in one household at their last permanent
residence; and
(3) Intend to live in one household after their arrival in the
United States.
(c) Domestic relationship. As used in paragraph (b)(1) of this
section, the term ``domestic relationship'' includes foster children,
stepchildren, half-siblings, legal wards, other dependents, individuals
with an in loco parentis or guardianship relationship, and two adults
who are in a committed relationship including, but not limited to,
long-time companions, and couples in civil unions, or domestic
partnerships, wherein the partners are financially interdependent, and
are not married to, or a partner of, anyone else. The term ``domestic
relationship'' does not extend to roommates or other cohabitants not
otherwise meeting this definition.
0
5. In Sec. 148.103, paragraph (b) is revised to read as follows:
Sec. 148.103 Family grouping of allowances.
* * * * *
(b) Members of a family residing in one household. ``Members of a
family residing in one household'' includes all persons who:
(1) Are related by blood, marriage, domestic relationship (as
defined in Sec. 148.34(c)), or adoption;
(2) Lived together in one household at their last permanent
residence; and
[[Page 76533]]
(3) Intend to live in one household after their arrival in the
United States.
Thomas S. Winkowski,
Acting Commissioner, U.S. Customs and Border Protection.
Approved: December 13, 2013.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2013-30075 Filed 12-17-13; 8:45 am]
BILLING CODE 9111-14-P
