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U.S. Customs and Border Protection CBP Decisions 19 CFR PART 122 CBP Dec. 08–39 TECHNICAL AMENDMENT TO LIST OF USER FEE AIRPORTS: ADDITION OF VALLEY INTERNATIONAL AIRPORT, HARLINGEN, TEXAS AGENCY: Customs and Border Protection, Department of Home- land Security. ACTION: Final rule; technical amendment. SUMMARY: This document amends the Customs and Border Pro- tection (CBP) Regulations by revising the list of user fee airports to reflect the recent user fee airport designation for Valley Interna- tional Airport in Harlingen, Texas. User fee airports are those air- ports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the process- ing of aircraft entering the United States, and the passengers and cargo of those aircraft. EFFECTIVE DATE: September 10, 2008. FOR FURTHER INFORMATION CONTACT: Scott Welch, Office of Field Operations, 202–344–2642. SUPPLEMENTARY INFORMATION: BACKGROUND Title 19, Code of Federal Regulations (CFR), sets forth at Part 122 regulations relating to the entry and clearance of aircraft in interna- tional commerce and the transportation of persons and cargo by air- craft in international commerce. Generally, a civil aircraft arriving from a place outside of the United States is required to land at an airport designated as an in- ternational airport. Alternatively, the pilot of a civil aircraft may re- 1

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Page 1: U.S. Customs and Border Protectionan air courier service, has a specialized interest in regularly landing. As the volume of business anticipated at this type of airport is in-sufficient

U.S. Customs andBorder Protection

CBP Decisions

19 CFR PART 122

CBP Dec. 08–39

TECHNICAL AMENDMENT TO LIST OF USER FEEAIRPORTS: ADDITION OF VALLEY INTERNATIONAL

AIRPORT, HARLINGEN, TEXAS

AGENCY: Customs and Border Protection, Department of Home-land Security.

ACTION: Final rule; technical amendment.

SUMMARY: This document amends the Customs and Border Pro-tection (CBP) Regulations by revising the list of user fee airports toreflect the recent user fee airport designation for Valley Interna-tional Airport in Harlingen, Texas. User fee airports are those air-ports which, while not qualifying for designation as international orlanding rights airports, have been approved by the Commissioner ofCBP to receive, for a fee, the services of CBP officers for the process-ing of aircraft entering the United States, and the passengers andcargo of those aircraft.

EFFECTIVE DATE: September 10, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Welch, Officeof Field Operations, 202–344–2642.

SUPPLEMENTARY INFORMATION:

BACKGROUND

Title 19, Code of Federal Regulations (CFR), sets forth at Part 122regulations relating to the entry and clearance of aircraft in interna-tional commerce and the transportation of persons and cargo by air-craft in international commerce.

Generally, a civil aircraft arriving from a place outside of theUnited States is required to land at an airport designated as an in-ternational airport. Alternatively, the pilot of a civil aircraft may re-

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quest permission to land at a specific airport, and, if landing rightsare granted, the civil aircraft may land at that landing rights air-port.

Section 236 of Pub. L. 98–573 (the Trade and Tariff Act of 1984),codified at 19 U.S.C. 58b, created an option for civil aircraft desiringto land at an airport other than an international airport or a landingrights airport. A civil aircraft arriving from a place outside of theUnited States may ask for permission to land at an airport desig-nated by the Secretary of Homeland Security1 as a user fee airport.

Pursuant to 19 U.S.C. 58b, an airport may be designated as a userfee airport if the Commissioner of CBP as delegated by the Secretaryof Homeland Security determines that the volume of business at theairport is insufficient to justify customs services at the airport andthe governor of the state in which the airport is located approves thedesignation. Generally, the type of airport that would seek designa-tion as a user fee airport would be one at which a company, such asan air courier service, has a specialized interest in regularly landing.

As the volume of business anticipated at this type of airport is in-sufficient to justify its designation as an international or landingrights airport, the availability of customs services is not paid for outof appropriations from the general treasury of the United States. In-stead, customs services are provided on a fully reimbursable basis tobe paid for by the user fee airport on behalf of the recipients of theservices.

The fees which are to be charged at user fee airports, according tothe statute, shall be paid by each person using the customs servicesat the airport and shall be in the amount equal to the expenses in-curred by the Commissioner of CBP in providing customs serviceswhich are rendered to such person at such airport, including the sal-ary and expenses of those employed by the Commissioner of CBP toprovide the customs services. To implement this provision, generally,the airport seeking the designation as a user fee airport or that air-port’s authority agrees to pay a flat fee for which the users of the air-port are to reimburse the airport/airport authority. The airport/airport authority agrees to set and periodically review the charges toensure that they are in accord with the airport’s expenses.

The Commissioner of CBP designates airports as user fee airportspursuant to 19 U.S.C. 58b. See 19 CFR 122.15. If the Commissionerdecides that the conditions for designation as a user fee airport aresatisfied, a Memorandum of Agreement (MOA) is executed between

1 Sections 403(1) and 411 of the Homeland Security Act of 2002 (‘‘the Act,’’ Pub. L. 107–96) transferred the United States Customs Service and its functions from the Departmentof the Treasury to the Department of Homeland Security; pursuant to section 1502 of theAct, the President renamed the ‘‘Customs Service’’ as the ‘‘Bureau of Customs and BorderProtection.’’ Effective on March 31, 2007, DHS changed the name of ‘‘Bureau of Customsand Border Protection’’ to ‘‘U.S. Customs and Border Protection (CBP)’’ (See 72 FR 20131,April 23, 2007).

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the Commissioner of CBP and the local responsible official signingon behalf of the state, city or municipality in which the airport is lo-cated. In this manner, user fee airports are designated on a case-by-case basis. Section 19 CFR 122.15 sets forth the grounds for with-drawal of a user fee designation and sets forth the list of designateduser fee airports. Periodically, CBP updates the list of user fee air-ports at 19 CFR 122.15(b) to reflect those that have been currentlydesignated by the Commissioner. This document updates that list ofuser fee airports by adding Valley International Airport, inHarlingen, Texas to the list. On May 28, 2008, the Commissionersigned an MOA approving the designation of user fee status for Val-ley International Airport.

INAPPLICABILITY OF PUBLIC NOTICE AND DELAYEDEFFECTIVE DATE REQUIREMENTS

Because this amendment merely updates the list of user fee air-ports to include an airport already designated by the Commissionerof CBP in accordance with 19 U.S.C. 58b and neither imposes addi-tional burdens on, nor takes away any existing rights or privilegesfrom, the public, pursuant to 5 U.S.C. 553(b)(B), notice and publicprocedure are unnecessary, and for the same reasons, pursuant to 5U.S.C. 553(d)(3), a delayed effective date is not required.

THE REGULATORY FLEXIBILITY ACT ANDEXECUTIVE ORDER 12866

Because no notice of proposed rulemaking is required, the provi-sions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do notapply. This amendment does not meet the criteria for a ‘‘significantregulatory action’’ as specified in Executive Order 12866.

SIGNING AUTHORITY

This document is limited to a technical correction of CBP regula-tions. Accordingly, it is being signed under the authority of 19 CFR0.1(b).

LIST OF SUBJECTS IN 19 CFR PART 122

Air carriers, Aircraft, Airports, Customs duties and inspection,Freight.

AMENDMENT TO REGULATIONS

Part 122, Code of Federal Regulations (19 CFR part 122) isamended as set forth below:

PART 122—AIR COMMERCE REGULATIONS

1. The authority citation for Part 122 continues to read as follows:

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AUTHORITY: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436,1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.

2. The listing of user fee airports in section 122.15(b) is amendedas follows: by adding, in alphabetical order, in the ‘‘Location’’ column‘‘Harlingen, Texas’’ and by adding on the same line, in the ‘‘Name’’column, ‘‘Valley International Airport.’’

DATE: September 4, 2008

JASON P. AHERN,Acting Commissioner,

U.S. Customs and Border Protection.

[Published in the Federal Register, September 10, 2008 (73 FR 52577)]

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General Notices

COPYRIGHT, TRADEMARK, ANDTRADE NAME RECORDATIONS

(No. 8 2008)

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

SUMMARY: Presented herein are the copyrights, trademarks, andtrade names recorded with U.S. Customs and Border Protection dur-ing the month of August 2008. The last notice was published in theCUSTOMS BULLETIN on August 28, 2008.

Corrections or updates may be sent to: Department of HomelandSecurity, U.S. Customs and Border Protection, Office of Regulationsand Rulings, IPR Branch, 1300 Pennsylvania Avenue, N.W., MintAnnex, Washington, D.C. 20229.

FOR FURTHER INFORMATION CONTACT: Delois Johnson, Para-legal, Intellectual Property Rights Branch, (202) 572–8710.

Dated: September 8, 2008

GEORGE MCCRAY, ESQ.,Chief,

Intellectual Property Rights Branch.

4 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 40, SEPTEMBER 25, 2008

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PROPOSED COLLECTION; COMMENT REQUEST ENTRYAND IMMEDIATE DELIVERY APPLICATION

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: 60-Day Notice and request for comments; Extension of anexisting collection of information: 1651–0024

SUMMARY: As part of its continuing effort to reduce paperworkand respondent burden, the U.S. Customs and Border (CBP) invitesthe general public and other Federal agencies to comment on an in-formation collection requirement concerning the Entry and Immedi-ate Delivery Application. This request for comment is being madepursuant to the Paperwork Reduction Act of 1995 (Public Law 104–13; 44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments should be received on or before Novem-ber 4, 2008, to be assured of consideration.

ADDRESS: Direct all written comments to U.S. Customs and Bor-der Protection, Attn.: Tracey Denning, 1300 Pennsylvania AvenueNW, Room 3.2C, Washington, D.C. 20229.

FOR FURTHER INFORMATION CONTACT: Requests for addi-tional information should be directed to U.S. Customs and BorderProtection, Attn.: Tracey Denning, 1300 Pennsylvania Avenue NW,Room 3.2C, Washington, D.C. 20229, Tel. (202) 344–1429.

SUPPLEMENTARY INFORMATION:

CBP invites the general public and other Federal agencies to com-ment on proposed and/or continuing information collections pursu-ant to the Paperwork Reduction Act of 1995 (Public Law 104–13; 44U.S.C. 3506(c)(2)(A)). The comments should address the accuracy ofthe burden estimates and ways to minimize the burden includingthe use of automated collection techniques or the use of other formsof information technology, as well as other relevant aspects of the in-formation collection. The comments that are submitted will be sum-marized and included in the CBP request for Office of Managementand Budget (OMB) approval. All comments will become a matter ofpublic record. In this document CBP is soliciting comments concern-ing the following information collection:

Title: Entry and Immediate Delivery ApplicationOMB Number: 1651–0024Form Number: CBP Form-3461 and Form-3461 AlternateAbstract: The Entry and Immediate Delivery Applications are

used by importers to provide CBP with the necessary information inorder to examine and release imported cargo.

18 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 40, SEPTEMBER 25, 2008

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Current Actions: There are no changes to the information collec-tion. This submission is being submitted to extend the expirationdate.

Type of Review: Extension (without change)Affected Public: Business or other for-profit institutionsEstimated Number of Respondents: 13,324Estimated Number of Responses: 18,654,229Estimated Average Time Per Response: 9 minutesEstimated Total Annual Burden Hours: 2,775,043

Dated: August 18, 2008

TRACEY DENNING,Agency Clearance Officer,

Customs and Border Protection.

[Published in the Federal Register, September 5, 2008 (73 FR 51833)]

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PROPOSED COLLECTION; COMMENT REQUEST PRIORDISCLOSURE REGULATIONS

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: 60-Day Notice and request for comments; Extension of anexisting collection of information: 1651–0074.

SUMMARY: As part of its continuing effort to reduce paperworkand respondent burden, U.S. Customs and Border Protection (CBP)invites the general public and other Federal agencies to comment onan information collection requirement concerning the Prior Disclo-sure Regulations. This request for comment is being made pursuantto the Paperwork Reduction Act of 1995 (Public Law 104–13; 44U.S.C. 3506(c)(2)(A)).

DATES: Written comments should be received on or before Novem-ber 4, 2008, to be assured of consideration.

ADDRESS: Direct all written comments to U.S. Customs and Bor-der Protection, Attn.: Tracey Denning, 1300 Pennsylvania Avenue,NW, Room 3.2.C, Washington, D.C. 20229.

FOR FURTHER INFORMATION CONTACT: Requests for addi-tional information should be directed to U.S. Customs and BorderProtection, Attn.: Tracey Denning, 1300 Pennsylvania Avenue, NW,Room 3.2.C, Washington, D.C. 20229, Tel. (202) 344–1429.

SUPPLEMENTARY INFORMATION:

CBP invites the general public and other Federal agencies to com-

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ment on proposed and/or continuing information collections pursu-ant to the Paperwork Reduction Act of 1995 (Public Law 104–13; 44U.S.C. 3506(c)(2)(A)). The comments should address the accuracy ofthe burden estimates and ways to minimize the burden includingthe use of automated collection techniques or the use of other formsof information technology, as well as other relevant aspects of the in-formation collection. The comments that are submitted will be sum-marized and included in the CBP request for Office of Managementand Budget (OMB) approval. All comments will become a matter ofpublic record. In this document CBP is soliciting comments concern-ing the following information collection:

Title: Prior Disclosure RegulationsOMB Number: 1651–0074Form Number: N/AAbstract: This collection of information is required to implement

a provision of the Customs Modernization portion of the NorthAmerican Free Trade Implementation Act concerning prior disclo-sure by a person, of a violation of law committed by that person, in-volving the entry or introduction of merchandise into the UnitedStates by fraud, gross negligence or negligence, pursuant to 19U.S.C. 1592(c)(4), as amended.

Current Actions: There are no changes to the information collec-tion. This submission is being submitted to extend the expirationdate.

Type of Review: Extension (without change)Affected Public: Business or other for-profit institutionsEstimated Number of Respondents: 3,500Estimated Time Per Response: 60 minutesEstimated Total Annual Burden Hours: 3,500

Dated: August 18, 2008

TRACEY DENNING,Agency Clearance Officer,

Customs and Border Protection.

[Published in the Federal Register, September 5, 2008 (73 FR 51833)]

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Notice of Cancellation of Customs Broker License Due to Death ofthe License Holder

AGENCY: Bureau of Customs and Border Protection, U.S. Depart-ment of Homeland Security

ACTION: General Notice

SUMMARY: Notice is hereby given that, pursuant to Title 19 of theCode of Federal Regulations at section 111.51(a), the following indi-vidual Customs broker license and any and all permits have beencancelled due to the death of the broker:

Name License # Port Name

Lynn L. Wensveen 21714 Great Falls

DATED: August 18, 2008

DANIEL BALDWIN,Assistant Commissioner,Office of International Trade.

[Published in the Federal Register, September 5, 2008 (73 FR 51834)]

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ANNOUNCEMENT OF TERMINATION OF NATIONALCUSTOMS AUTOMATION PROGRAM (NCAP) TEST:

SEMI-MONTHLY STATEMENT PROCESSING PROTOTYPE

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: General notice.

SUMMARY: This document announces U.S. Customs and BorderProtection’s decision to formally terminate the test of the semi-monthly filing and statement processing prototype program that wasinitiated in April 1998, as part of the National Customs AutomationProgram. The test of the semi-monthly filing program was conceivedas a transitional procedure from the Automated Commercial Systemto the full electronic processing of commercial importations in theAutomated Commercial Environment, which allows account holdersto pay duties, taxes, fees, and other payments owed using a periodicstatement cycle. The Automated Commercial Environment portalsystem for Periodic Monthly Payment statement processing has beendeployed nationwide thereby ending the need for the semi-monthlyfiling program.

EFFECTIVE DATE: September 8, 2008.

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FOR FURTHER INFORMATION CONTACT: Ms. Sharon Taylor,Program Officer, Revenue Policy and Programs Branch, ADCVD/Revenue Division, Office of International Trade, U.S. CustomsandBorderProtectionat (202)863–[email protected].

SUPPLEMENTARY INFORMATION:

Background

Title VI of the North American Free Trade Agreement Implemen-tation Act, Pub. L. 103–182, 107 Stat. 2057 (December 8, 1993), con-tains provisions pertaining to Customs Modernization (107 Stat.2170). Subtitle B of Title VI establishes the National Customs Auto-mation Program (NCAP)- an automated and electronic system forthe processing of commercial importations. Pursuant to the provi-sions of Subtitle B, U.S. Customs and Border Protection (‘‘CBP’’) de-veloped a new commercial processing system, the Automated Com-mercial Environment (‘‘ACE’’), which is phasing out the AutomatedCommercial System (‘‘ACS’’).

As an interim measure, while the ACS was still in use for the fil-ing of duties, taxes, fees and other payments, the former CustomsService (now CBP) published a General Notice entitled ‘‘Announce-ment of National Customs Automation Program Test: Semi-MonthlyStatement Processing Prototype’’ in the Federal Register (63 FR15259) on March 30, 1998, pursuant to section 101.9(b) of CBP regu-lations (19 CFR 101.9(b)), which implemented the NCAP testing pro-cedures. The prototype permitted importers to file entry summariesand to pay their duties, taxes, and fees within seven days of the endof a fifteen or sixteen day semi-monthly period for cargo releasedduring that period. Pursuant to section 1505 of the United StatesCode (19 U.S.C. § 1505), the interest rate was calculated using therate in effect seven days after the fifteen or sixteen day semi-monthly period. It provided for suspension of a participant for mis-conduct and an appeal process. Only six importers elected to partici-pate in the program. The notice originally instituted the program atonly 14 ports of entry. The notice stated that the semi-monthly filingand statement processing prototype would be implemented over an18-month period and would end when the periodic payment/statement feature of ACE was available.

However, ACE was not fully implemented in 2002 and the testingof the semi-monthly processing prototype was incomplete. The rea-sons for these developments were many, namely, budgeting difficul-ties, the occurrence of other national events, which occasioned ashifting of CBP priorities, the continuing reorganization of Customs,etc. Furthermore, evaluations of the prototype conducted with par-ticipants showed a concern that the prototype testing should be ex-panded to additional ports so that the national effect of this program

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could be fully gauged. The test was not opened to any new partici-pants, but the original six participants continued in the program. Asthe test program continued, a series of notices announced changes ormodifications to the test program in the following notices publishedin the Federal Register: 67 FR 39098 (June 6, 2002); 69 FR 5362(February 4, 2004); 69 FR 54302 (September 8, 2004); 70 FR 5199(February 1, 2005); 70 FR 45736 (August 8, 2005); 70 FR 55623 (Sep-tember 22, 2005) and 71 FR 3315 (January 20, 2006). The develop-ment of this NCAP test is set forth in these prior notices.

Termination of National Customs Automation Program Teston the Semi-Monthly Statement Processing Prototype

The periodic monthly payment statement ACE-based process, ref-erenced above, has now exceeded over two billion dollars in revenueson the periodic deposit of estimated duties and fees. All of the sixoriginal participants in the ‘‘Semi-Monthly Statement ProcessingPrototype’’ have terminated their involvement in the program in fa-vor of participation in the ACE-based process. The Automated Com-mercial Environment portal system for Periodic Monthly Paymentstatement processing has been deployed nationwide thereby endingthe need for the semi-monthly filing program. Therefore, this noticeformally announces the termination of the ‘‘Semi-Monthly State-ment Processing Prototype’’ under the NCAP.

Dated: September 3, 2008

JASON P. AHERN,Acting Commissioner,

U.S. Customs and Border Protection.

[Published in the Federal Register, September 8, 2008 (73 FR 52062)]

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AGENCY INFORMATION COLLECTION ACTIVITIES:

Entry and Manifest of Merchandise Free of Duty

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: 30-Day Notice and request for comments; Extension of anexisting information collection: 1651–0013

ACTION: Proposed collection; comments requested.

SUMMARY: U.S. Customs and Border Protection (CBP) of the De-partment of Homeland Security has submitted the following infor-mation collection request to the Office of Management and Budget(OMB) for review and approval in accordance with the PaperworkReduction Act: Entry and Manifest of Merchandise Free of Duty.

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This is a proposed extension of an information collection that waspreviously approved. CBP is proposing that this information collec-tion be extended with no change to the burden hours. This documentis published to obtain comments form the public and affected agen-cies. This proposed information collection was previously publishedin the Federal Register(73 FR 36544) on June 27, 2008, allowingfor a 60-day comment period. This notice allows for an additional 30days for public comments. This process is conducted in accordancewith 5 CFR 1320.10.

DATES: Written comments should be received on or before October8, 2008.

ADDRESSES: Interested persons are invited to submit writtencomments on the proposed information collection to the Office of In-formation and Regulatory Affairs, Office of Management and Bud-get. Comments should be addressed to the OMB Desk Officer forCustoms and Border Protection, Department of Homeland Security,and sent via electronic mail to [email protected] orfaxed to (202) 395–6974.

SUPPLEMENTARY INFORMATION:

U.S. Customs and Border Protection (CBP) encourages the generalpublic and affected Federal agencies to submit written commentsand suggestions on proposed and/or continuing information collec-tion requests pursuant to the Paperwork Reduction Act (Pub. L.104–13). Your comments should address one of the following four points:

(1) Evaluate whether the proposed collection of information isnecessary for the proper performance of the functions of theagency/component, including whether the information willhave practical utility;

(2) Evaluate the accuracy of the agencies/components estimateof the burden of The proposed collection of information, in-cluding the validity of the methodology and assumptionsused;

(3) Enhance the quality, utility, and clarity of the informationto be collected; and

(4) Minimize the burden of the collections of information onthose who are to respond, including the use of appropriateautomated, electronic, mechanical, or other technologicalcollection techniques or other forms of information technol-ogy, e.g., permitting electronic submission of responses.

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Title: Entry and Manifest of Merchandise Free of DutyOMB Number: 1651–0013Form Number: CBP Form-7523Abstract: CBP Form-7523 is used by carriers and importers as a

manifest for the entry of merchandise free of duty under certain con-dition and by CBP to authorize the entry of such merchandise. It isalso used by carriers to show that the articles being imported are tobe released to the importer or consignee.

Current Actions: There are no changes to the information collec-tion. This submission is being submitted to extend the expirationdate.

Type of Review: Extension (without change)Affected Public: Business or other for-profit institutionsEstimated Number of Respondents: 4,950Estimated Number of Responses per Respondent: 20Estimated Number of Total Annual Responses: 99,000Estimated Time Per Response: 5 minutesEstimated Total Annual Burden Hours: 8,247

If additional information is required contact: Tracey Denning, U.S.Customs and Border Protection, 1300 Pennsylvania Avenue NW,Room 3.2.C, Washington, D.C. 20229, at 202–344–1429.

Dated: August 26, 2008

TRACEY DENNING,Agency Clearance Officer,

Customs and Border Protection.

[Published in the Federal Register, September 8, 2008 (73 FR 52060)]

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AGENCY INFORMATION COLLECTION ACTIVITIES:

Foreign Trade Zone Annual Reconciliation Certification andRecord Keeping Requirement

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: 30-Day Notice and request for comments; Extension of anexisting information collection: 1651–0051

ACTION: Proposed collection; comments requested.

SUMMARY: U.S. Customs and Border Protection (CBP) of the De-partment of Homeland Security has submitted the following infor-mation collection request to the Office of Management and Budget(OMB) for review and approval in accordance with the PaperworkReduction Act: Foreign Trade Zone Annual Reconciliation Certifica-

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tion and Record Keeping Requirement. This is a proposed extensionof an information collection that was previously approved. CBP isproposing that this information collection be extended with nochange to the burden hours. This document is published to obtaincomments form the public and affected agencies. This proposed in-formation collection was previously published in the Federal Regis-ter (73 FR 36542) on June 27, 2008, allowing for a 60-day commentperiod. This notice allows for an additional 30 days for public com-ments. This process is conducted in accordance with 5 CFR 1320.10.

DATES: Written comments should be received on or before October8, 2008.

ADDRESSES: Interested persons are invited to submit writtencomments on the proposed information collection to the Office of In-formation and Regulatory Affairs, Office of Management and Bud-get. Comments should be addressed to the OMB Desk Officer forCustoms and Border Protection, Department of Homeland Security,and sent via electronic mail to [email protected] orfaxed to (202) 395–6974.

SUPPLEMENTARY INFORMATION:

U.S. Customs and Border Protection (CBP) encourages the generalpublic and affected Federal agencies to submit written commentsand suggestions on proposed and/or continuing information collec-tion requests pursuant to the Paperwork Reduction Act (Pub. L.104–13). Your comments should address one of the following four points:

(1) Evaluate whether the proposed collection of information isnecessary for the proper performance of the functions of theagency/component, including whether the information willhave practical utility;

(2) Evaluate the accuracy of the agencies/components estimateof the burden of The proposed collection of information, in-cluding the validity of the methodology and assumptionsused;

(3) Enhance the quality, utility, and clarity of the informationto be collected; and

(4) Minimize the burden of the collections of information onthose who are to respond, including the use of appropriateautomated, electronic, mechanical, or other technologicalcollection techniques or other forms of information technol-ogy, e.g., permitting electronic submission of responses.

Title: Foreign Trade Zone Annual Reconciliation Certification andRecord Keeping Requirement

OMB Number: 1651–0051Form Number: N/A

26 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 40, SEPTEMBER 25, 2008

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Abstract: Each Foreign Trade Zone Operator will be responsiblefor maintaining its inventory control in compliance with statue andregulations. The operator will furnish CBP an annual certification oftheir compliance.

Current Actions: There are no changes to the information collec-tion. This submission is being submitted to extend the expirationdate.

Type of Review: Extension (without change)Affected Public: Business or other for-profit institutionsEstimated Number of Respondents: 260Estimated Time Per Respondent: 45 minutesEstimated Total Annual Burden Hours: 195

If additional information is required contact: Tracey Denning, U.S.Customs and Border Protection, 1300 Pennsylvania Avenue NW,Room 3.2.C, Washington, D.C. 20229, at 202–344–1429.

Dated: August 26, 2008

TRACEY DENNING,Agency Clearance Officer,

Customs and Border Protection.

[Published in the Federal Register, September 8, 2008 (73 FR 52061)]

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AGENCY INFORMATION COLLECTION ACTIVITIES:

Petition for Remission or Mitigation ofForfeitures and Penalties Incurred

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: 30-Day Notice and request for comments; Extension of anexisting information collection: 1651–0100

ACTION: Proposed collection; comments requested.

SUMMARY: U.S. Customs and Border Protection (CBP) of the De-partment of Homeland Security has submitted the following infor-mation collection request to the Office of Management and Budget(OMB) for review and approval in accordance with the PaperworkReduction Act: Petition for Remission or Mitigation of Forfeituresand Penalties Incurred. This is a proposed extension of an informa-tion collection that was previously approved. CBP is proposing thatthis information collection be extended with no change to the burdenhours. This document is published to obtain comments form the pub-lic and affected agencies. This proposed information collection waspreviously published in the Federal Register (73 FR 36546) on

U.S. CUSTOMS AND BORDER PROTECTION 27

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June 27, 2008, allowing for a 60-day comment period. This notice al-lows for an additional 30 days for public comments. This process isconducted in accordance with 5 CFR 1320.10.

DATES: Written comments should be received on or before October8, 2008.

ADDRESSES: Interested persons are invited to submit writtencomments on the proposed information collection to the Office of In-formation and Regulatory Affairs, Office of Management and Bud-get. Comments should be addressed to the OMB Desk Officer forCustoms and Border Protection, Department of Homeland Security,and sent via electronic mail to [email protected] orfaxed to (202) 395–6974.

SUPPLEMENTARY INFORMATION:

U.S. Customs and Border Protection (CBP) encourages the generalpublic and affected Federal agencies to submit written commentsand suggestions on proposed and/or continuing information collec-tion requests pursuant to the Paperwork Reduction Act (Pub. L.104–13). Your comments should address one of the following four points:

(1) Evaluate whether the proposed collection of information isnecessary for the proper performance of the functions of theagency/component, including whether the information willhave practical utility;

(2) Evaluate the accuracy of the agencies/components estimateof the burden of The proposed collection of information, in-cluding the validity of the methodology and assumptionsused;

(3) Enhance the quality, utility, and clarity of the informationto be collected; and

(4) Minimize the burden of the collections of information onthose who are to respond, including the use of appropriateautomated, electronic, mechanical, or other technologicalcollection techniques or other forms of information technol-ogy, e.g., permitting electronic submission of responses.

Title: Petition for Remission or Mitigation of Forfeitures and Pen-alties

OMB Number: 1651–0100 Form Number: CBP Form 4609Abstract: Persons whose property is seized or who incur mon-

etary penalties due to violations of the Tariff Act are entitled to seekremission or mitigation by means of an informal appeal. This formgives the violator the opportunity to claim mitigation and provides arecord of such

28 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 40, SEPTEMBER 25, 2008

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Current Actions: There are no changes to the information collec-tion. This submission is being submitted to extend the expirationdate.

Type of Review: Extension (without change)Affected Public: Business or other for-profit institutionsEstimated Number of Respondents: 28,000Estimated Number of Responses per Respondent: 1Estimated Time Per Response: 14 minutesEstimated Total Annual Burden Hours: 6,500

If additional information is required contact: Tracey Denning, U.S.Customs and Border Protection, 1300 Pennsylvania Avenue NW,Room 3.2.C, Washington, D.C. 20229, at 202–344–1429.

Dated: August 26, 2008

TRACEY DENNING,Agency Clearance Officer,

Customs and Border Protection.

[Published in the Federal Register, September 8, 2008 (73 FR 52061)]

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AGENCY INFORMATION COLLECTION ACTIVITIES:

Vessel Entrance or Clearance Statement

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: 30-Day Notice and request for comments; Extension of anexisting information collection: 1651–0019

ACTION: Proposed collection; comments requested.

SUMMARY: U.S. Customs and Border Protection (CBP) of the De-partment of Homeland Security has submitted the following infor-mation collection request to the Office of Management and Budget(OMB) for review and approval in accordance with the PaperworkReduction Act: Vessel Entrance or Clearance Statement. This is aproposed extension of an information collection that was previouslyapproved. CBP is proposing that this information collection be ex-tended with a change to the burden hours. This document is pub-lished to obtain comments form the public and affected agencies.This proposed information collection was previously published in theFederal Register (73 FR 36543) on June 27, 2008, allowing for a60-day comment period. Two public comments were received. Thisnotice allows for an additional 30 days for public comments. Thisprocess is conducted in accordance with 5 CFR 1320.10.

U.S. CUSTOMS AND BORDER PROTECTION 29

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DATES: Written comments should be received on or before October9, 2008.

ADDRESSES: Interested persons are invited to submit writtencomments on the proposed information collection to the Office of In-formation and Regulatory Affairs, Office of Management and Bud-get. Comments should be addressed to the OMB Desk Officer forCustoms and Border Protection, Department of Homeland Security,and sent via electronic mail to [email protected] orfaxed to (202) 395–6974.SUPPLEMENTARY INFORMATION:U.S. Customs and Border Protection (CBP) encourages the generalpublic and affected Federal agencies to submit written commentsand suggestions on proposed and/or continuing information collec-tion requests pursuant to the Paperwork Reduction Act (Pub. L.104–13). Your comments should address one of the following four points:

(1) Evaluate whether the proposed collection of information isnecessary for the proper performance of the functions of theagency/component, including whether the information willhave practical utility;

(2) Evaluate the accuracy of the agencies/components estimateof the burden of The proposed collection of information, in-cluding the validity of the methodology and assumptionsused;

(3) Enhance the quality, utility, and clarity of the informationto be collected; and

(4) Minimize the burden of the collections of information onthose who are to respond, including the use of appropriateautomated, electronic, mechanical, or other technologicalcollection techniques or other forms of information technol-ogy, e.g., permitting electronic submission of responses.

Title: Vessel Entrance or Clearance Statement FormOMB Number: 1651–0019Form Number: CBP Form 1300Abstract: Form 1300 is used by a master of a vessel to attest to

the truthfulness of all other forms associated with the manifest.Current Actions: This proposal is being submitted to extend the

expiration date and to make a change to the burden hours in accor-dance with public comments that CBP received.

Type of Review: Extension (with change)Affected Public: Business or other for-profit institutionsEstimated Number of Respondents: 12,000Estimated Number of Annual Responses: 264,000Estimated Time Per Response: 30 minutesEstimated Total Annual Burden Hours: 132,000

If additional information is required contact: Tracey Denning, U.S.

30 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 40, SEPTEMBER 25, 2008

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Customs and Border Protection, 1300 Pennsylvania Avenue NW,Room 3.2.C, Washington, D.C. 20229, at 202–344–1429.

Dated: September 2, 2008

TRACEY DENNING,Agency Clearance Officer,

Customs and Border Protection.

[Published in the Federal Register, September 9, 2008 (73 FR 52409)]

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AGENCY INFORMATION COLLECTION ACTIVITIES:

Crew Effects Declaration

AGENCY: U.S. Customs and Border Protection, Department ofHomeland Security.

ACTION: 30-Day Notice and request for comments; Extension of anexisting information collection: 1651–0020

ACTION: Proposed collection; comments requested.

SUMMARY: U.S. Customs and Border Protection (CBP) of the De-partment of Homeland Security has submitted the following infor-mation collection request to the Office of Management and Budget(OMB) for review and approval in accordance with the PaperworkReduction Act: Crew Effects Declaration. This is a proposed exten-sion of an information collection that was previously approved. CBPis proposing that this information collection be extended with achange to the burden hours. This document is published to obtaincomments form the public and affected agencies. This proposed in-formation collection was previously published in the Federal Regis-ter (73 FR 36543) on June 27, 2008, allowing for a 60-day commentperiod. One public comment was received. This notice allows for anadditional 30 days for public comments. This process is conducted inaccordance with 5 CFR 1320.10.DATES: Written comments should be received on or before October9, 2008.ADDRESSES: Interested persons are invited to submit writtencomments on the proposed information collection to the Office of In-formation and Regulatory Affairs, Office of Management and Bud-get. Comments should be addressed to the OMB Desk Officer forCustoms and Border Protection, Department of Homeland Security,and sent via electronic mail to [email protected] orfaxed to (202) 395–6974.

SUPPLEMENTARY INFORMATION:U.S. Customs and Border Protection (CBP) encourages the general

U.S. CUSTOMS AND BORDER PROTECTION 31

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public and affected Federal agencies to submit written commentsand suggestions on proposed and/or continuing information collec-tion requests pursuant to the Paperwork Reduction Act (Pub. L.104–13). Your comments should address one of the following four points:

(1) Evaluate whether the proposed collection of information isnecessary for the proper performance of the functions of theagency/component, including whether the information willhave practical utility;

(2) Evaluate the accuracy of the agencies/components estimateof the burden of The proposed collection of information, in-cluding the validity of the methodology and assumptionsused;

(3) Enhance the quality, utility, and clarity of the informationto be collected; and

(4) Minimize the burden of the collections of information onthose who are to respond, including the use of appropriateautomated, electronic, mechanical, or other technologicalcollection techniques or other forms of information technol-ogy, e.g., permitting electronic submission of responses.

Title: Crew Effects DeclarationOMB Number: 1651–0020Form Number: CBP Form-1304Abstract: CBP Form-1304 contains a list of crew’s effects that are

accompanying them on the trip, which are required to be manifested.It also contains the statement of the master of the vessel attesting tothe truthfulness of the merchandise being carried on board the ves-sel as crew’s effects.

Current Actions: This proposal is being submitted to extend theexpiration date and to make a change to the burden hours in accor-dance with public comments that CBP received.

Type of Review: Extension (with change)Affected Public: Business or other for-profit institutionsEstimated Number of Respondents: 9,000Estimated Number of Annual Responses: 206,100Estimated Time Per Response: 60 minutesEstimated Total Annual Burden Hours: 206,100

If additional information is required contact: Tracey Denning, U.S.Customs and Border Protection, 1300 Pennsylvania Avenue NW,Room 3.2.C, Washington, D.C. 20229, at 202–344–1429.

Dated: September 2, 2008

TRACEY DENNING,Agency Clearance Officer,

Customs and Border Protection.

[Published in the Federal Register, September 9, 2008 (73 FR 52408)]

32 CUSTOMS BULLETIN AND DECISIONS, VOL. 42, NO. 40, SEPTEMBER 25, 2008