52400 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace at 

Eastsound, WA. Controlled airspace is 

necessary to accommodate IFR aircraft 

executing a new RNAV (GPS) approach 

procedure at Eastsound Orcas Island 

Airport, Eastsound, WA. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 discusses the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at Eastsound Orcas 

Island Airport, Eastsound, WA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM WA E2 Eastsound, WA [New] 

Eastsound Orcas Island Airport, WA 

(Lat. 48°42′29′′ N., long. 122°54′38′′ W.) 

Within a 3.8-mile radius of the Eastsound 

Orcas Island Airport, and within 3.7 miles 

each side of the 163° bearing extending from 

the 3.8-mile radius to 9.2 miles south of the 

Eastsound Orcas Island Airport. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility directory. 

* * * * * 

Issued in Seattle, Washington, on 

September 30, 2009. 

Robert E. Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–24340 Filed 10–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

19 CFR Part 111 

[CBP Dec. 09–38] 

Customs Broker License Examination 

Appeals 

AGENCY: Customs and Border Protection, 

DHS. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Customs and Border Protection 

(CBP) regulations, which govern the 

licensing and conduct of customs 

brokers. The rule specifies the proper 

CBP official who is authorized to decide 

the final administrative appeal of a 

failing grade on the customs broker 

written examination. The current 

regulations provide that the final 

administrative appeal on a failing grade 

on the broker’s exam should be sent in 

writing to the Secretary of Homeland 

Security, or her designee. This final rule 

amends the CBP regulations to specify 

that examinees should submit final 

administrative appeals to the Assistant 

Commissioner, Office of International 

Trade. 

DATES: This final rule is effective on 

October 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Russell Morris, Broker Compliance 

Branch, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6543. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 641 of the Tariff Act of 1930 

(Tariff Act), as amended (19 U.S.C. 

1641) authorizes the Secretary of the 

Treasury to prescribe rules and 

regulations relating to the customs 

business of brokers as necessary to 

protect importers and the revenue of the 

United States. Specifically, section 641 

provides that a person (an individual, 

corporation, association, or partnership) 

must hold a valid customs broker’s 

license and permit in order to transact 

customs business on behalf of others. In 

the case of an applicant for an 

individual broker’s license, section 641 

states that the Secretary of the Treasury 

may conduct an examination to 

determine an applicant’s qualifications 

for a license. 

The Homeland Security Act of 2002 

(Homeland Security Act) generally 

transferred the functions of the U.S. 

Customs Service from the Treasury 

Department to the Secretary of 

Homeland Security. 6 U.S.C. 101 et seq. 

Section 412 of the Homeland Security 

Act (6 U.S.C. 212) provides that the 

Secretary of the Treasury retains 

customs revenue functions unless the 

Secretary of the Treasury delegates the 

authority to the Secretary of Homeland 

Security. The regulation of customs 

brokers is encompassed within the 

customs revenue functions set forth in 

section 412 of the Homeland Security 

Act. On May 15, 2003, the Secretary of 

the Treasury delegated authority related 

to the customs revenue functions to the 

Secretary of Homeland Security subject 

to certain exceptions. See Treasury 

Order No. 100–16 (Appendix to 19 CFR 

Part 0). Since the authority to prescribe 

the rules and regulations related to 

customs brokers is not listed as one of 

the exceptions, this authority now 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 52401 

resides with the Secretary of Homeland 

Security. 

Pursuant to section 641 of the Tariff 

Act, part 111 of title 19 of the Code of 

Federal Regulations sets forth the 

conduct and licensing requirements for 

customs brokers. Section 111.11 sets 

forth the basic requirements for 

obtaining a broker’s license, including 

the requirement that the applicant must 

obtain a passing grade on the written 

examination within a 3-year period 

before submitting the application for a 

broker’s license. 19 CFR 111.11. 

Section 111.13(f) provides that an 

examinee can appeal a failing grade on 

the written examination by first filing a 

written appeal with Trade Policy and 

Programs, Office of International Trade, 

U.S. Customs and Border Protection 

(CBP), within 60 calendar days after the 

date of the written notice of the 

examination results. 19 CFR 111.13(f). 

After reviewing the submission, CBP 

provides the examinee with a written 

notice setting forth the decision on the 

appeal. If CBP’s decision on the appeal 

reaffirms the result of the examination, 

the examinee may subsequently request 

review of CBP’s decision on the appeal 

by writing to the Secretary of Homeland 

Security, or her designee, within 60 

calendar days after the date of the notice 

from CBP. 

Explanation of Amendment 

As noted above, the Secretary of the 

Treasury delegated to the Secretary of 

Homeland Security the authority to 

prescribe rules and regulations relating 

to customs brokers. The Secretary of 

Homeland Security, in turn, delegated 

some of this authority to the 

Commissioner of CBP including the 

authority to regulate brokers. See 

Delegation Number 7010.3, dated 

May 11, 2006. 

On October 19, 2007, CBP published 

a final rule in the Federal Register, at 

72 FR 59166, setting forth technical 

corrections to the CBP regulations to 

reflect changes in CBP’s organizational 

structure. Among the many technical 

changes in that document, consistent 

with the Homeland Security Act and 

Treasury Delegation 100–16, CBP 

amended 19 CFR 111.13(f) to remove 

the Secretary of the Treasury as the 

official with the authority to issue the 

final administrative appeal on a failing 

grade on the broker’s exam and gave the 

Secretary of Homeland Security or her 

designee that authority. 

Since the publication of the final rule 

regarding this particular technical 

amendment, CBP has determined that 

the Assistant Commissioner in CBP’s 

Office of International Trade is the most 

appropriate official to issue the final 

administrative appeal on a failing grade 

on the written customs broker’s exam. 

This designation is consistent with DHS 

Delegation Number 7010.3, which 

delegates the authority to regulate 

customs brokers to the Commissioner of 

CBP. In addition, CBP notes that the 

Office of International Trade is staffed 

with examination subject matter experts 

and is uniquely positioned to 

independently and expeditiously review 

examination appeals. Accordingly, 

§ 111.13(f) is being amended in this 

document by removing ‘‘Secretary of 

Homeland Security, or his designee’’ 

and adding, in its place, ‘‘Assistant 

Commissioner, Office of International 

Trade, U.S. Customs and Border 

Protection.’’ 

Administrative Procedure Act 

Since this rule pertains to matters 

relating to rules of agency organization, 

procedure, or practice, this rule is not a 

substantive rule and is exempt from the 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act. See 5 U.S.C. 553(b)(A). 

In addition, the delayed effective date 

requirement of 5 U.S.C. 553(d) does not 

apply to this rule for these same 

reasons. 

Regulatory Flexibility Act 

Because this rule is not subject to the 

notice and public comment 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. Therefore, the Office of 

Management and Budget (OMB) has not 

reviewed this rule. 

Signing Authority 

This document is being issued by CBP 

in accordance with § 0.1(b)(1) of the 

CBP regulations (19 CFR 0.1(b)(1)). 

List of Subjects in 19 CFR Part 111 

Administrative practice and 

procedure, Brokers, Customs duties and 

inspection, Imports, Licensing, 

Reporting and recordkeeping 

requirements. 

Amendments to the CBP Regulations 

■ For the reasons set forth above, part 

111 of title 19 of the Code of Federal 

Regulations (19 CFR part 111) is 

amended as follows: 

PART 111—CUSTOMS BROKERS 

■ 1. The general authority citation for 

Part 111 continues to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1624, 1641. 

■ 2. In § 111.13, paragraph (f) is revised 

to read as follows: 

§ 111.13 Written examination for individual 

license. 

* * * * * 

(f) Appeal of failing grade on 

examination. If an examinee fails to 

attain a passing grade on the 

examination taken under this section, 

the examinee may challenge that result 

by filing a written appeal with Trade 

Policy and Programs, Office of 

International Trade, U.S. Customs and 

Border Protection, Washington, DC 

20005 within 60 calendar days after the 

date of the written notice provided for 

in paragraph (e) of this section. CBP will 

provide to the examinee written notice 

of the decision on the appeal. If the CBP 

decision on the appeal affirms the result 

of the examination, the examinee may 

request review of the decision on the 

appeal by writing to the Assistant 

Commissioner, Office of International 

Trade, U.S. Customs and Border 

Protection, within 60 calendar days after 

the date of the notice on that decision. 

Dated: September 21, 2009. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–24489 Filed 10–9–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF LABOR 

Office of Labor-Management 

Standards 

29 CFR Parts 403 and 408 

RIN 1215–AB62 

Labor Organization Annual Financial 

Reports 

AGENCY: Office of Labor-Management 

Standards, Employment Standards 

Administration, Department of Labor. 

ACTION: Final Rule; Rescission of 

January 21, 2009 rule. 

SUMMARY: This final rule withdraws a 

rule published in the Federal Register 

on January 21, 2009, which revised the 

Form LM–2, an annual financial report 

required by the Labor-Management 

Reporting and Disclosure Act of 1959, as 

amended (LMRDA), and established 

standards and procedures by which the 

Department can revoke, when 


CPrice-Sewell on DSKGBLS3C1PROD with RULES