82242 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 

Accordingly, part 141 of the CBP 

regulations is amended by removing the 

obsolete regulation. 

DATES: The final rule is effective 

December 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Shervette, Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, Office of International Trade, 

(202) 325–0274. 

SUPPLEMENTARY INFORMATION: 

Background 

It is the policy of Customs and Border 

Protection (CBP) to periodically review 

title 19 of the Code of Federal 

Regulations (19 CFR) to ensure that it is 

accurate and up-to-date so that the 

importing and general public is aware of 

CBP requirements and procedures 

regarding import-related activities. As 

part of this review policy, CBP has 

determined that a correction to 19 CFR 

part 141 is necessary. 

Section 141.61 of the CBP regulations 

(19 CFR 141.61) prescribes the manner 

by which entry and entry summary 

documentation must be completed. 

Within § 141.61, paragraph (g) requires 

an importer to indicate on the CBP Form 

7501 the manner by which the declared 

transaction value on imported 

merchandise was determined. This 

requirement is authorized by § 15422(a) 

of the Food, Conservative, and Energy 

Act of 2008 (the ‘‘Act’’), Public Law 110– 

234, 122 Stat. 1547 (19 U.S.C. 1484 

note), in which Congress required CBP 

to collect for a one-year period 

beginning August 20, 2008, and ending 

August 19, 2009, from importers 

information on whether the transaction 

value of imported merchandise is 

determined on the basis of the price 

paid by the buyer in the first or earlier 

sale occurring prior to introduction of 

the merchandise into the United States. 

On August 25, 2008, CBP published 

an interim rule as CBP Dec. 08–31 in the 

Federal Register (73 FR 49939) 

implementing the Act’s first sale 

declaration requirement that for a 

specified time period importers were 

required to declare, at the time of entry, 

the transaction value method employed. 

As the statutory authority for the 

importer declaration requirement 

expired on August 19, 2009, this 

document amends 19 CFR 141.61 by 

removing paragraph (g). 

Inapplicability of Notice and Delayed 

Effective Date Requirements 

Because the technical corrections set 

forth in this document merely conform 

to existing law, CBP finds that good 

cause exists for dispensing with notice 

and public procedure as unnecessary 

under 5 U.S.C. 553(b)(B). For this same 

reason, pursuant to 5 U.S.C. 553(d)(3), 

CBP finds that good cause exists for 

dispensing with the requirement for a 

delayed effective date. 

Regulatory Flexibility Act 

Because this document is not subject 

to the notice and public procedure 

requirements of 5 U.S.C. 553, it is not 

subject to the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Executive Order 12866 

These amendments do not meet the 

criteria for a ‘‘significant regulatory 

action’’ as specified in Executive Order 

12866. 

Signing Authority 

This document is limited to technical 

corrections of the CBP regulations. 

Accordingly, it is being signed under 

the authority of 19 CFR 0.1(b)(1). 

List of Subjects in 19 CFR Part 141 

Customs duties and inspection, Entry 

of merchandise, Reporting and 

recordkeeping requirements. 

Amendments to the Regulations 

■ For the reasons set forth above, part 

141 of the CBP regulations (19 CFR part 

141) is amended as set forth below. 

PART 141—ENTRY OF MERCHANDISE 

■ 1. The general authority for part 141 

continues to read as follows, and the 

specific authority for § 141.61 is 

removed: 

Authority: 19 U.S.C. 66, 1448, 1484, 1624. 

* * * * * 

■ 2. Section 141.61 is amended by 

removing paragraph (g). 

Dated: December 23, 2010. 

Alan Bersin, 

Commissioner, U.S. Customs and Border 

Protection. 

[FR Doc. 2010–32912 Filed 12–29–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF STATE 

22 CFR Part 40 

[Public Notice: 7285] 

Visas: Waiver for Ineligible 

Nonimmigrants Under the Immigration 

and Nationality Act 

AGENCY: State Department. 

ACTION: Final rule. 

SUMMARY: This rule incorporates a 

revision to the Immigration and 

Nationality Act made in section 5503(1) 

of the Intelligence Reform and 

Terrorism Prevention Act of 2004 

relative to the grounds of 

inadmissibility under the Immigration 

and Nationality Act (INA) for which 

consular officers or the Secretary of 

State may recommend that the Secretary 

of Homeland Security exercise 

discretionary waiver authority in the 

case of an applicant for a nonimmigrant 

visa. 

DATES: This rule is effective December 

30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lauren A. Prosnik, Legislation and 

Regulations Division, Visa Services, 

Department of State, 2401 E Street, NW., 

Room L–603D, Washington, DC 20520– 

0106, (202) 663–2951. 

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating 

this rule? 

The Intelligence Reform and 

Terrorism Prevention Act of 2004, 

Public Law 108–458, at Subtitle E, 

section 5501(a)(2), amended INA 

212(d)(3)(A), replacing a bar against a 

waiver for an alien who is ineligible for 

a nonimmigrant visa under INA 

212(a)(3)(E) with a bar against a waiver 

for an alien who is ineligible for a 

nonimmigrant visa under clauses (i) or 

(ii) of INA 212(a)(3)(E). The same 

legislation also amended INA 

212(a)(3)(E) to add clause (iii), to which 

the waiver bar does not apply. This rule 

amends 22 CFR Part 40 to conform to 

these amended provisions. 

Regulatory Findings 

Administrative Procedure Act 

This regulation involves a foreign 

affairs function of the United States and, 

therefore, in accordance with 5 U.S.C. 

553(a)(1), is not subject to the rule 

making procedures set forth at 5 U.S.C. 

553. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this final rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it is exempt from the 

regulatory flexibility analysis 

requirements set forth at sections 603 

and 604 of the Regulatory Flexibility 

Act (5 U.S.C. 603 and 604). Nonetheless, 

consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. This regulates 

individual aliens who are ineligible 

under INA 212(a)(3)(E)(i) and 

212(a)(3)(E)(ii) and does not affect any 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 82243 

small entities, as defined in 5 U.S.C. 

601(6). 

Unfunded Mandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4, 109 Stat. 48, 2 U.S.C. 1532, 

generally requires agencies to prepare a 

statement before proposing any rule that 

may result in an annual expenditure of 

$100 million or more by State, local, or 

tribal governments, or by the private 

sector. This rule will not result in any 

such expenditure, nor will it 

significantly or uniquely affect small 

governments. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign-based companies in domestic 

and import markets. 

Executive Order 12866 

The Department of State has reviewed 

this proposed rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

Executive Order 12866 and has 

determined that the benefits of this final 

regulation justify its costs. The 

Department does not consider this final 

rule to be an economically significant 

action within the scope of section 3(f)(1) 

of the Executive Order since it is not 

likely to have an annual effect on the 

economy of $100 million or more or to 

adversely affect in a material way the 

economy, a sector of the economy, 

competition, jobs, the environment, 

public health or safety, or State, local or 

tribal governments or communities. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulations in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 40 

Aliens, Immigration,Visas. 

■ For the reasons stated in the preamble, 

the Department of State amends 22 CFR 

part 40 as follows: 

PART 40—REGULATIONS 

PERTAINING TO BOTH 

NONIMMIGRANTS AND IMMIGRANTS 

UNDER THE IMMIGRATION AND 

NATIONALITY ACT, AS AMENDED 

■ 1. The authority citation for part 40 

will continue to read as follows: 

Authority: 8 U.S.C. 1104. 

■ 2. Section 40.301 is amended by 

revising paragraph (a) to read as follows: 

§ 40.301 Waiver for ineligible 

nonimmigrants under INA 212(d)(3)(A) 

(a) Report or recommendation to 

Department. Except as provided in 

paragraph (b) of this section, consular 

officers may, upon their own initiative, 

and shall, upon the request of the 

Secretary of State or upon the request of 

the alien, submit a report to the 

Department for possible transmission to 

the Secretary of Homeland Security 

pursuant to the provisions of INA 

212(d)(3)(A) in the case of an alien who 

is classifiable as a nonimmigrant but 

who is known or believed by the 

consular officer to be ineligible to 

receive a nonimmigrant visa under the 

provisions of INA 212(a), other than 

INA 212(a) (3)(A)(i)(I), (3)(A)(ii), 

(3)(A)(iii), (3)(C), (3)(E)(i), or (3)(E)(ii). 

* * * * * 

Dated: December 7, 2010. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2010–32944 Filed 12–29–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1129] 

RIN 1625–AA87 

Security Zones; Moored Cruise Ships, 

Port of San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

regulation from December 21, 2010, 

through June 20, 2011. The security 

zones created by this rule will 

encompass all navigable waters 

extending from the surface to the sea 

floor, within a 100 yard radius around 

any cruise ship that is moored at any 

berth within the San Diego port area 

inside the sea buoys bounding the Port 

of San Diego. This temporary final rule 

is necessary to provide for the safety of 

the cruise ship, vessels, and users of the 

waterway. Entry into these security 

zones will be prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) San Diego, or his or her 

designated representative. This rule will 

also suspend paragraph (b)(2) of 33 CFR 

165.1108, a related regulation. 

DATES: This rule is effective from 

December 21, 2010, through June 20, 

2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1129 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1129 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Commander Michael 

B. Dolan, Prevention, Coast Guard 

Sector San Diego, Coast Guard; 

telephone 619–278–7261, e-mail 

Michael.B.Dolan@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 


srobinson on DSKHWCL6B1PROD with RULES