Technical Corrections to the Vessel Repair Unit Regulations, 61318-61320 [2018-25953]
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
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§ 2.700 Director, Office of Advocacy and
Outreach.
(a) Delegations. Pursuant to
§ 2.38(a)(1), and with due deference for
delegations to other Departmental
Administration officials, the following
delegations of authority are made by the
Director, Office of Partnerships and
Public Engagement to the Director,
Office of Advocacy and Outreach:
(1) Ensure that small farms and
ranches, beginning farmers or ranchers,
and socially disadvantaged farmers or
ranchers have access to, and equitable
participation in, programs and services
of the Department pursuant to section
226B(c) of the Department of
Agriculture Reorganization Act of 1994
(7 U.S.C. 6934(c)).
(2) Oversee the Advisory Committee
for Beginning Farmers and Ranchers.
(3) Oversee the operations of the
Office of Small Farms Coordination.
(4) Administer section 2501 of the
Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279),
except for authorities related to the
Census of Agriculture and economic
studies in subsection (h) of that section.
(5) Oversee the Minority Farmer
Advisory Committee pursuant to section
14008 of FCEA (7 U.S.C. 2279 note).
(6) Administer the low-income
migrant and seasonal farmworker grants
program under section 2281 of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (42 U.S.C. 5177a).
(7) Consult with appropriate entities
regarding integration of farmworker
interests into Department programs,
including assisting farmworkers in
becoming agricultural producers or
landowners, and research, program
improvements, and agricultural
education opportunities for low-income
and migrant seasonal farmworkers.
(8) Administer the grants program
under section 14204 of FCEA (7 U.S.C.
2008q–1) to improve the supply,
stability, safety, and training of the
agricultural labor force.
(9) Administer and coordinate a
USDA outreach program in
collaboration with USDA agencies.
(10) Administer section 2501A of the
Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279–1),
including the authority to coordinate
Department policy for the issuance of
receipts under subsection (e) of that
section.
(11) Provide strategic planning and
performance measurement, coordinate
outreach activities, monitor goals and
objectives, and evaluate programs, of
Department programs and activities
involving small farms or ranches and
beginning or socially disadvantaged
farmers or ranchers.
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(12) Administer the USDA/1994 Land
Grant Institutions (Tribal Colleges)
Programs.
(13) Administer the USDA/1890
Liaison Officer Program.
(14) Administer the Hispanic Serving
Institutions National Program, including
through the use of cooperative
agreements under 7 U.S.C. 3318(b).
(15) Serve as a lead agency in carrying
out student internship programs (7
U.S.C. 2279c).
(16) Coordinate outreach to AsianAmericans and Pacific Islanders.
(b) [Reserved]
§ 2.701
Director, Office of Tribal Relations.
(a) Delegations. Pursuant to
§ 2.38(a)(2), the following delegations of
authority are made by the Director,
Office of Partnerships and Public
Engagement to the Director, Office of
Tribal Relations.
(1) Serve as the Department’s primary
point of contact for tribal issues.
(2) Advise the Secretary on policies
related to Indian tribes.
(3) Serve as the official with principal
responsibility for the implementation of
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments,’’ including the provision
of Department-wide guidance and
oversight regarding tribal consultation,
coordination, and collaboration.
(4) Coordinate the Department’s
programs involving assistance to
American Indians and Alaska Natives.
(5) Enter into cooperative agreements
to improve the coordination and
effectiveness of Federal programs,
services, and actions affecting rural
areas (7 U.S.C. 2204b(b)(4)); and to
provide outreach and technical
assistance to socially disadvantaged
farmers and ranchers and veteran
farmers and ranchers (7 U.S.C.
2279(a)(3)).
(b) [Reserved]
Dated: November 16, 2018.
Sonny Perdue,
Secretary of Agriculture.
[FR Doc. 2018–25443 Filed 11–28–18; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 4
[CBP Dec. 18–12]
Technical Corrections to the Vessel
Repair Unit Regulations
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule; technical
amendment.
AGENCY:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations to update provisions
relating to the declaration, entry and
dutiable status of repair expenditures
made abroad for certain vessels to
reflect the port of New Orleans,
Louisiana as the only Vessel Repair Unit
(VRU) location. The amendment will
improve the efficiency of vessel repair
entry processing, ensure the proper
assessment and collection of duties, and
make the regulations more transparent.
DATES: The final rule is effective
November 29, 2018.
FOR FURTHER INFORMATION CONTACT:
Donna Dedeaux, Branch Chief, Cargo
and Conveyance Security, at
Donna.M.Dedeaux@cbp.dhs.gov or (202)
325–2497.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Under section 466, Tariff Act of 1930,
as amended (19 U.S.C. 1466), purchases
for or repairs made to certain vessels
while they are outside the United States
are subject to declaration, entry and
payment of ad valorem duty. These
requirements are effective upon the first
arrival of the affected vessel in any port
of the United States. The vessels subject
to these requirements include those
documented under U.S. law for the
foreign or coastwise trades, as well as
those which were previously
documented under the laws of some
foreign nation or are undocumented at
the time that the foreign shipyard
repairs are performed, but which exhibit
an intent to engage in those trades.
The regulations implementing 19
U.S.C. 1466 are found in § 4.14 of the
CBP regulations (19 CFR 4.14). Section
4.14 provides that when a vessel subject
to the vessel repair statute first arrives
into the United States or Puerto Rico
following a foreign voyage, the owner,
master, or authorized agent, or vessel
operator must submit a vessel repair
entry and declaration on CBP Form 226
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
(Form), a dual-use form used both for
entry and declaration purposes. If no
foreign repair-related expenses were
incurred, that fact must also be reported
either on the Form or by approved
electronic means. The owner, master, or
authorized agent must ensure the
declaration is ready for presentation in
the event that a CBP officer boards the
vessel. Section 4.14 provides that the
CBP port of arrival receiving either a
positive or negative vessel repair
declaration or electronic equivalent
must immediately forward it to the
appropriate Vessel Repair Unit (VRU)
port of entry via mail, fax, or email. The
owner, master, or authorized agent, or
vessel operator must also file a vessel
repair entry directly with the VRU. See,
19 CFR 4.14(c), (e). The regulations list
three VRU locations: New York, New
York, San Francisco, California, and
New Orleans, Louisiana. See, 19 CFR
4.14(g).
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Discussion of Regulatory Changes
Of the three VRUs listed in § 4.14(g),
only the New Orleans location is
currently operational. Over the years,
there has been a steady decrease in the
number of vessel repair entries filed.
Based on the small volume of entries
being received at the VRU locations in
New York and San Francisco and due to
CBP’s staffing needs, in 2003–2004, CBP
informally streamlined VRU operations
so that such operations would be
performed only at the port of New
Orleans VRU. As a result of common
practice, the trade generally submits its
vessel repair entries directly to the New
Orleans VRU.1 CBP forwards any entries
received at the New York or San
Francisco VRUs to New Orleans. To
reflect this practice and for purposes of
transparency, this document makes
changes to § 4.14 to reflect the port of
New Orleans as the sole VRU location.
This document also updates the
regulations to reflect a name change of
the office within CBP Headquarters
referenced in § 4.14. The referenced
office is now known as the Cargo
Security, Carriers & Restricted
Merchandise Branch, Office of Trade.
Also, to ensure clarity, the document
makes additional minor wording
changes to the regulation.
Inapplicability of Prior Notice and
Delayed Effective Date
According to section 553 of the
Administrative Procedure Act (APA) (5
U.S.C. 553), rulemaking generally
requires prior notice and comment, and
a 30-day delayed effective date, subject
1 Since 2003–2004, the port of New Orleans VRU
has averaged approximately 540 entries per year.
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to specified exceptions. Pursuant to 5
U.S.C. 553(a)(2), matters relating to
agency management or personnel are
excepted from the requirements of
section 553. Additionally, as provided
in 5 U.S.C. 553(b)(3)(A), the prior notice
and comment and delayed effective date
requirements do not apply when
agencies promulgate rules concerning
agency organization, procedure, or
practice.
This rule does not require prior notice
and comment because it relates to
agency management and agency
organization, procedures, or practice. As
explained above, the rule merely
updates the regulations to reflect the
informal streamlining of VRU
operations in 2003–2004, so that all
vessel repair entries are processed by
the New Orleans VRU. As a result of
common practice, the trade generally
submits its vessel repair entries are now
submitted directly to the New Orleans
VRU. CBP forwards any such entries
received in New York or San Francisco
to the New Orleans VRU for processing.
Accordingly, this rule does not affect
the substantive rights or interests of the
public, but merely conforms the
regulations to existing agency
management and agency procedures and
organization. This rule also makes other
minor wording changes for clarity and
includes a technical update to the
regulations to reflect a name change in
the referenced office within CBP
Headquarters.
Executive Orders 12866, 13563, and
13771
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
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. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule as a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
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61319
Accordingly, OMB has not reviewed
this regulation. This regulation updates
CBP’s VRU regulations, eliminating
costs of processing vessel repair entries
that must be forwarded to the New
Orleans VRU. Thus, DHS considers this
a deregulatory action under Executive
Order 13771. See OMB’s Memorandum,
‘‘Guidance Implementing Executive
Order 13771, ‘Reducing Regulation and
Controlling Regulatory Costs’ ’’ (April 5,
2017).
This rule amends an outdated
regulation by removing obsolete
provisions to reflect the streamlining of
VRU operations. Of the three VRUs
listed in § 4.14(g), only the New Orleans
location is currently operational.
Although, as a result of common
practice, the trade generally submits its
vessel repair entries directly to the New
Orleans VRU for processing, some
entries are submitted to the other
locations listed in the regulations.
Vessel Repair Entries are filed on paper
and submitted via postal mail and each
entry can be hundreds of pages long.
Historically, misdirected entries have
been forwarded in hard copy to the New
Orleans VRU. This rule eliminates the
small costs in processing vessel repair
entries that may be initially submitted
to the other locations that CBP must
then forward to the New Orleans,
Louisiana VRU. CBP believes the
monetized cost savings of the rule to be
insignificant due to the small number of
vessel repair entries received each year,
an average of 540, of which some are not
already submitted to the New Orleans
VRU. This rule will make the
procedures for processing vessel repair
entries more efficient for both CBP and
the affected population, with zero
additional costs.
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.).
Signing Authority
This document is being issued in
accordance with 19 CFR 0.2(a), which
provides that the authority of the
Secretary of the Treasury with respect to
CBP regulations that are not related to
customs revenue functions was
transferred to the Secretary of Homeland
Security pursuant to Section 403(l) of
the Homeland Security Act of 2002.
Accordingly, this final rule to amend
such regulations may be signed by the
Secretary of Homeland Security (or his
or her delegate).
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Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
List of Subjects in 19 CFR Part 4
Customs duties and inspection, Entry
procedures, Repairs, Reporting and
recordkeeping requirements, Vessels.
Amendments to the Regulations
For the reasons stated in the
preamble, part 4 of the CBP regulations
(19 CFR part 4) is amended as set forth
below.
PART 4—VESSELS IN FOREIGN AND
DOMESTIC TRADES
1. The general authority citation for
part 4 and the specific authority citation
for § 4.14 continue to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66,
1431, 1433, 1434, 1624, 2071 note; 46 U.S.C.
501, 60105.
*
*
*
*
*
Section 4.14 also issued under 19 U.S.C.
1466, 1498; 31 U.S.C. 9701.
*
*
*
*
*
2. Amend § 4.14 as follows:
a. Revise the third and fifth sentences
of paragraph (c);
■ b. Revise the fourth sentence of
paragraph (d);
■ c. Revise the fourth sentence of
paragraph (e);
■ d. Revise the second, fourth, seventh
and eighth sentences of paragraph (f);
■ e. Revise paragraph (g);
■ f. Revise the eighth and the ninth
sentences of paragraph (i)(1);
■ g. Revise the fifth sentence of
paragraph (i)(2);
■ h. Revise the third sentence of
paragraph (i)(4).
The revisions read as follows:
■
■
§ 4.14 Equipment purchases for, and
repairs to, American vessels.
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*
*
*
*
*
(c) Estimated duty deposit and bond
requirements. * * * At the time the
vessel repair entry is submitted by the
vessel operator to the Vessel Repair Unit
(VRU) as defined in paragraph (g) of this
section, that same identifying
information must be included on the
entry form. * * * CBP officials at the
port of arrival may consult the VRU as
identified in paragraph (g) of this
section or the staff of the Cargo Security,
Carriers & Restricted Merchandise
Branch, Office of Trade in CBP
Headquarters in setting sufficient bond
amounts. * * *
(d) Declaration required. * * * The
CBP port of arrival receiving either a
positive or negative vessel repair
declaration or electronic equivalent will
immediately forward it to the VRU as
identified in paragraph (g) of this
section.
(e) Entry required. * * * The entry
must be presented or electronically
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transmitted by the vessel operator to the
VRU as identified in paragraph (g) of
this section, so that it is received within
ten calendar days after arrival of the
vessel. * * *
(f) Time limit for submitting evidence
of cost. * * * If the entry is incomplete
when submitted, evidence to make it
complete must be received by the VRU
as identified in paragraph (g) of this
section within 90 calendar days from
the date of vessel arrival.
* * * The VRU may grant one 30-day
extension of time to submit final cost
evidence if a satisfactory written
explanation of the need for an extension
is received before the expiration of the
original 90-day submission period.
* * * Questions as to whether an
extension should be granted may be
referred to the Cargo Security, Carriers
& Restricted Merchandise Branch, Office
of Trade in CBP Headquarters by the
VRU. Any request for an extension
beyond a 30-day grant issued by the
VRU must be submitted through that
unit to the Cargo Security, Carriers &
Restricted Merchandise Branch, Office
of Trade, CBP Headquarters. * * *
(g) Location and jurisdiction of vessel
repair unit port of entry. The VRU,
located in New Orleans, Louisiana,
processes vessel repair entries received
from all United States ports of arrival.
*
*
*
*
*
(i) General procedures for seeking
relief—(1) Applications for relief. * * *
Applications must be addressed and
submitted by the vessel operator to the
VRU and will be decided in that unit.
The VRU may seek the advice of the
Cargo Security, Carriers & Restricted
Merchandise Branch, Office of Trade in
CBP Headquarters with regard to any
specific item or issue which has not
been addressed by clear precedent.
* * *
(2) Additional evidence. * * * After a
decision is made on an Application for
Relief by the VRU, the applicant will be
notified of the right to protest any
adverse decision.
*
*
*
*
*
(4) Administrative protest. * * * In
particular, the applicable protest period
will begin on the date of the issuance of
the decision giving rise to the protest as
reflected on the relevant
correspondence from the VRU.
*
*
*
*
*
Dated: November 21, 2018.
Kevin K. McAleenan,
Commissioner, U.S. Customs and Border
Protection.
[FR Doc. 2018–25953 Filed 11–28–18; 8:45 am]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–490]
Schedules of Controlled Substances:
Placement of Furanyl Fentanyl, 4Fluoroisobutyryl Fentanyl, Acryl
Fentanyl, Tetrahydrofuranyl Fentanyl,
and Ocfentanil in Schedule I
Drug Enforcement
Administration, Department of Justice.
ACTION: Final order.
AGENCY:
With the issuance of this final
order, the Acting Administrator of the
Drug Enforcement Administration
maintains the placement of the
substances furanyl fentanyl [N-(1phenethylpiperidin-4-yl)-Nphenylfuran-2-carboxamide], 4fluoroisobutyryl fentanyl or parafluoroisobutyryl fentanyl [N-(4fluorophenyl)-N-(1-phenethylpiperidin4-yl)isobutyramide], acryl fentanyl or
acryloylfentanyl [N-(1phenethylpiperidin-4-yl)-Nphenylacrylamide], tetrahydrofuranyl
fentanyl [N-(1-phenethylpiperidin-4-yl)N-phenyltetrahydrofuran-2carboxamide], and ocfentanil [N-(2fluorophenyl)-2-methoxy-N-(1phenethylpiperidin-4-yl)acetamide],
including their isomers, esters, ethers,
salts, and salts of isomers, esters and
ethers, in schedule I of the Controlled
Substances Act. This scheduling action
discharges the United States obligations
under the Single Convention on
Narcotic Drugs (1961). This action
continues to impose the regulatory
controls and administrative, civil, and
criminal sanctions applicable to
schedule I controlled substances on
persons who handle (manufacture,
distribute, import, export, engage in
research or conduct instructional
activities with, or possess), or propose
to handle, furanyl fentanyl, 4fluoroisobutyryl fentanyl, acryl fentanyl,
tetrahydrofuranyl fentanyl, and
ocfentanil.
SUMMARY:
DATES:
Effective November 29, 2018.
FOR FURTHER INFORMATION CONTACT:
Kathy L. Federico, Regulatory Drafting
and Policy Section, Diversion Control
Division, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION:
Legal Authority
Section 201(d)(1) of the Controlled
Substances Act (CSA) (21 U.S.C.
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]]>Agencies
[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Rules and Regulations]
[Pages 61318-61320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25953]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 4
[CBP Dec. 18-12]
Technical Corrections to the Vessel Repair Unit Regulations
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations to update provisions relating to the declaration,
entry and dutiable status of repair expenditures made abroad for
certain vessels to reflect the port of New Orleans, Louisiana as the
only Vessel Repair Unit (VRU) location. The amendment will improve the
efficiency of vessel repair entry processing, ensure the proper
assessment and collection of duties, and make the regulations more
transparent.
DATES: The final rule is effective November 29, 2018.
FOR FURTHER INFORMATION CONTACT: Donna Dedeaux, Branch Chief, Cargo and
Conveyance Security, at [email protected] or (202) 325-2497.
SUPPLEMENTARY INFORMATION:
Background
Under section 466, Tariff Act of 1930, as amended (19 U.S.C. 1466),
purchases for or repairs made to certain vessels while they are outside
the United States are subject to declaration, entry and payment of ad
valorem duty. These requirements are effective upon the first arrival
of the affected vessel in any port of the United States. The vessels
subject to these requirements include those documented under U.S. law
for the foreign or coastwise trades, as well as those which were
previously documented under the laws of some foreign nation or are
undocumented at the time that the foreign shipyard repairs are
performed, but which exhibit an intent to engage in those trades.
The regulations implementing 19 U.S.C. 1466 are found in Sec. 4.14
of the CBP regulations (19 CFR 4.14). Section 4.14 provides that when a
vessel subject to the vessel repair statute first arrives into the
United States or Puerto Rico following a foreign voyage, the owner,
master, or authorized agent, or vessel operator must submit a vessel
repair entry and declaration on CBP Form 226
[[Page 61319]]
(Form), a dual-use form used both for entry and declaration purposes.
If no foreign repair-related expenses were incurred, that fact must
also be reported either on the Form or by approved electronic means.
The owner, master, or authorized agent must ensure the declaration is
ready for presentation in the event that a CBP officer boards the
vessel. Section 4.14 provides that the CBP port of arrival receiving
either a positive or negative vessel repair declaration or electronic
equivalent must immediately forward it to the appropriate Vessel Repair
Unit (VRU) port of entry via mail, fax, or email. The owner, master, or
authorized agent, or vessel operator must also file a vessel repair
entry directly with the VRU. See, 19 CFR 4.14(c), (e). The regulations
list three VRU locations: New York, New York, San Francisco,
California, and New Orleans, Louisiana. See, 19 CFR 4.14(g).
Discussion of Regulatory Changes
Of the three VRUs listed in Sec. 4.14(g), only the New Orleans
location is currently operational. Over the years, there has been a
steady decrease in the number of vessel repair entries filed. Based on
the small volume of entries being received at the VRU locations in New
York and San Francisco and due to CBP's staffing needs, in 2003-2004,
CBP informally streamlined VRU operations so that such operations would
be performed only at the port of New Orleans VRU. As a result of common
practice, the trade generally submits its vessel repair entries
directly to the New Orleans VRU.\1\ CBP forwards any entries received
at the New York or San Francisco VRUs to New Orleans. To reflect this
practice and for purposes of transparency, this document makes changes
to Sec. 4.14 to reflect the port of New Orleans as the sole VRU
location. This document also updates the regulations to reflect a name
change of the office within CBP Headquarters referenced in Sec. 4.14.
The referenced office is now known as the Cargo Security, Carriers &
Restricted Merchandise Branch, Office of Trade. Also, to ensure
clarity, the document makes additional minor wording changes to the
regulation.
---------------------------------------------------------------------------
\1\ Since 2003-2004, the port of New Orleans VRU has averaged
approximately 540 entries per year.
---------------------------------------------------------------------------
Inapplicability of Prior Notice and Delayed Effective Date
According to section 553 of the Administrative Procedure Act (APA)
(5 U.S.C. 553), rulemaking generally requires prior notice and comment,
and a 30-day delayed effective date, subject to specified exceptions.
Pursuant to 5 U.S.C. 553(a)(2), matters relating to agency management
or personnel are excepted from the requirements of section 553.
Additionally, as provided in 5 U.S.C. 553(b)(3)(A), the prior notice
and comment and delayed effective date requirements do not apply when
agencies promulgate rules concerning agency organization, procedure, or
practice.
This rule does not require prior notice and comment because it
relates to agency management and agency organization, procedures, or
practice. As explained above, the rule merely updates the regulations
to reflect the informal streamlining of VRU operations in 2003-2004, so
that all vessel repair entries are processed by the New Orleans VRU. As
a result of common practice, the trade generally submits its vessel
repair entries are now submitted directly to the New Orleans VRU. CBP
forwards any such entries received in New York or San Francisco to the
New Orleans VRU for processing. Accordingly, this rule does not affect
the substantive rights or interests of the public, but merely conforms
the regulations to existing agency management and agency procedures and
organization. This rule also makes other minor wording changes for
clarity and includes a technical update to the regulations to reflect a
name change in the referenced office within CBP Headquarters.
Executive Orders 12866, 13563, and 13771
Executive Orders 13563 and 12866 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is 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. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs'') directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule as a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed this
regulation. This regulation updates CBP's VRU regulations, eliminating
costs of processing vessel repair entries that must be forwarded to the
New Orleans VRU. Thus, DHS considers this a deregulatory action under
Executive Order 13771. See OMB's Memorandum, ``Guidance Implementing
Executive Order 13771, `Reducing Regulation and Controlling Regulatory
Costs' '' (April 5, 2017).
This rule amends an outdated regulation by removing obsolete
provisions to reflect the streamlining of VRU operations. Of the three
VRUs listed in Sec. 4.14(g), only the New Orleans location is
currently operational. Although, as a result of common practice, the
trade generally submits its vessel repair entries directly to the New
Orleans VRU for processing, some entries are submitted to the other
locations listed in the regulations. Vessel Repair Entries are filed on
paper and submitted via postal mail and each entry can be hundreds of
pages long. Historically, misdirected entries have been forwarded in
hard copy to the New Orleans VRU. This rule eliminates the small costs
in processing vessel repair entries that may be initially submitted to
the other locations that CBP must then forward to the New Orleans,
Louisiana VRU. CBP believes the monetized cost savings of the rule to
be insignificant due to the small number of vessel repair entries
received each year, an average of 540, of which some are not already
submitted to the New Orleans VRU. This rule will make the procedures
for processing vessel repair entries more efficient for both CBP and
the affected population, with zero additional costs.
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.).
Signing Authority
This document is being issued in accordance with 19 CFR 0.2(a),
which provides that the authority of the Secretary of the Treasury with
respect to CBP regulations that are not related to customs revenue
functions was transferred to the Secretary of Homeland Security
pursuant to Section 403(l) of the Homeland Security Act of 2002.
Accordingly, this final rule to amend such regulations may be signed by
the Secretary of Homeland Security (or his or her delegate).
[[Page 61320]]
List of Subjects in 19 CFR Part 4
Customs duties and inspection, Entry procedures, Repairs, Reporting
and recordkeeping requirements, Vessels.
Amendments to the Regulations
For the reasons stated in the preamble, part 4 of the CBP
regulations (19 CFR part 4) is amended as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
1. The general authority citation for part 4 and the specific authority
citation for Sec. 4.14 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624,
2071 note; 46 U.S.C. 501, 60105.
* * * * *
Section 4.14 also issued under 19 U.S.C. 1466, 1498; 31 U.S.C.
9701.
* * * * *
0
2. Amend Sec. 4.14 as follows:
0
a. Revise the third and fifth sentences of paragraph (c);
0
b. Revise the fourth sentence of paragraph (d);
0
c. Revise the fourth sentence of paragraph (e);
0
d. Revise the second, fourth, seventh and eighth sentences of paragraph
(f);
0
e. Revise paragraph (g);
0
f. Revise the eighth and the ninth sentences of paragraph (i)(1);
0
g. Revise the fifth sentence of paragraph (i)(2);
0
h. Revise the third sentence of paragraph (i)(4).
The revisions read as follows:
Sec. 4.14 Equipment purchases for, and repairs to, American vessels.
* * * * *
(c) Estimated duty deposit and bond requirements. * * * At the time
the vessel repair entry is submitted by the vessel operator to the
Vessel Repair Unit (VRU) as defined in paragraph (g) of this section,
that same identifying information must be included on the entry form. *
* * CBP officials at the port of arrival may consult the VRU as
identified in paragraph (g) of this section or the staff of the Cargo
Security, Carriers & Restricted Merchandise Branch, Office of Trade in
CBP Headquarters in setting sufficient bond amounts. * * *
(d) Declaration required. * * * The CBP port of arrival receiving
either a positive or negative vessel repair declaration or electronic
equivalent will immediately forward it to the VRU as identified in
paragraph (g) of this section.
(e) Entry required. * * * The entry must be presented or
electronically transmitted by the vessel operator to the VRU as
identified in paragraph (g) of this section, so that it is received
within ten calendar days after arrival of the vessel. * * *
(f) Time limit for submitting evidence of cost. * * * If the entry
is incomplete when submitted, evidence to make it complete must be
received by the VRU as identified in paragraph (g) of this section
within 90 calendar days from the date of vessel arrival.
* * * The VRU may grant one 30-day extension of time to submit
final cost evidence if a satisfactory written explanation of the need
for an extension is received before the expiration of the original 90-
day submission period. * * * Questions as to whether an extension
should be granted may be referred to the Cargo Security, Carriers &
Restricted Merchandise Branch, Office of Trade in CBP Headquarters by
the VRU. Any request for an extension beyond a 30-day grant issued by
the VRU must be submitted through that unit to the Cargo Security,
Carriers & Restricted Merchandise Branch, Office of Trade, CBP
Headquarters. * * *
(g) Location and jurisdiction of vessel repair unit port of entry.
The VRU, located in New Orleans, Louisiana, processes vessel repair
entries received from all United States ports of arrival.
* * * * *
(i) General procedures for seeking relief--(1) Applications for
relief. * * * Applications must be addressed and submitted by the
vessel operator to the VRU and will be decided in that unit. The VRU
may seek the advice of the Cargo Security, Carriers & Restricted
Merchandise Branch, Office of Trade in CBP Headquarters with regard to
any specific item or issue which has not been addressed by clear
precedent. * * *
(2) Additional evidence. * * * After a decision is made on an
Application for Relief by the VRU, the applicant will be notified of
the right to protest any adverse decision.
* * * * *
(4) Administrative protest. * * * In particular, the applicable
protest period will begin on the date of the issuance of the decision
giving rise to the protest as reflected on the relevant correspondence
from the VRU.
* * * * *
Dated: November 21, 2018.
Kevin K. McAleenan,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2018-25953 Filed 11-28-18; 8:45 am]
BILLING CODE 9111-14-P
