Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 52675 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–24566 Filed 10–13–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

19 CFR Parts 4, 122, 123, and 192 

[CBP Dec. 09–39] 

Technical Correction To Remove 

Obsolete Compliance Date Provisions 

From Electronic Cargo Information 

Regulations 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Final rule; technical correction. 

SUMMARY: This final rule removes the 

compliance date provisions of various 

sections of the CBP regulations 

pertaining to mandatory advance 

electronic transmission of in-bound and 

out-bound cargo information. As all the 

provisions requiring advance electronic 

transmission of cargo information are 

now in effect because the various dates 

or events described in the compliance 

date paragraphs triggering the 

compliance date have occurred, the 

compliance date paragraphs are now 

obsolete. 

DATES: The rule is effective on October 

14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Olsavsky, Director, Cargo 

Control Division, Office of Field 

Operations, 202–344–1049. 

SUPPLEMENTARY INFORMATION: 

Background 

As circumstances warrant, CBP 

sometimes publishes a regulation (a 

final or interim final rule) that delays its 

compliance date, or the compliance date 

for one or more of its provisions, until 

a future date and/or the occurrence of 

one or more specified events. When the 

condition or conditions precedent has 

been met, the provision becomes out of 

date and obsolete. This final rule 

removes several obsolete compliance 

date provisions from several sections of 

the CBP regulations. 

Each compliance date provision being 

amended in this technical correction 

involves a final rule that was 

promulgated pursuant to section 343(a) 

of the Trade Act of 2002, as amended by 

the Maritime Security Act (19 U.S.C. 

2071 note) (hereafter, section 343(a) of 

the Act). The final rule was published 

in the Federal Register (68 FR 68140) on 

December 5, 2003. Section 343(a) of the 

Act mandates the collection of cargo 

information through a CBP-approved 

electronic data interchange system 

before cargo is brought into or departs 

from the United States by any mode of 

commercial transportation (sea, air, rail, 

truck). This requirement spawned new 

sections of the regulations (19 CFR 

122.48a, 123.91, 123.92, and 192.14) 

and required amendment of an existing 

section (19 CFR 4.7) to implement the 

law. Four of the five sections pertain to 

the advance electronic transmission 

requirement for cargo arriving in the 

United States by vessel carrier, air 

carrier, rail carrier, and truck carrier, 

and the fifth section pertains to this 

requirement for cargo departing from 

the United States onboard all modes of 

transportation. Because some carriers 

were not yet automated (with systems 

capable of electronic transmission 

through the appropriate CBP-approved 

data interchange system) or CBP had to 

upgrade its system, the new and 

amended regulations were drafted to 

contain a compliance date provision 

that delayed the date the carriers would 

be required to comply with the 

mandatory electronic transmission 

requirements. Over time, the 

compliance dates for these five sections 

of the CBP regulations have taken effect, 

rendering these provisions obsolete. 

Changes Made in This Final Rule 

This final rule amends the following 

five sections of the CBP regulations to 

remove from each an obsolete 

compliance date provision: 

19 CFR 4.7 

Under 19 CFR 4.7, applicable to 

commercial vessels transporting cargo to 

the United States, CBP must receive the 

CBP-approved electronic equivalent of 

the vessel’s cargo declaration 24 hours 

before the cargo is laden aboard the 

vessel at the foreign port (19 CFR 

4.7(b)(2)). This section also sets forth 

other requirements, such as information 

to be transmitted, and a compliance 

date. Under 19 CFR 4.7(b)(5), vessel 

carriers (and non-vessel operating 

common carriers electing to participate) 

must comply with the requirement to 

make electronic transmissions under 

paragraph (b)(2) within 90 days of 

December 5, 2003 (the date the 

implementing final rule was published) 

at all ports of entry in the United States. 

Inasmuch as the compliance date has 

passed, this final rule removes 

paragraph (b)(5) from this section and 

makes a conforming change to 

paragraph (b)(2). 

19 CFR 122.48a 

Under 19 CFR 122.48a, applicable to 

commercial air carriers transporting 

cargo to the United States, CBP must 

electronically receive from an inbound 

air carrier (or from another party 

authorized under paragraph (c)(1) of this 

section) certain information concerning 

incoming cargo. In the case of flights 

departing directly to the United States 

from any port or place in North 

America, CBP must receive the 

information no later than the aircraft’s 

departure and, for flights departing from 

any other foreign port or place, no later 

than 4 hours prior to the aircraft’s 

arrival in the United States. Section 

122.48a sets forth other requirements, 

including the information to be 

transmitted and a compliance date. 

Under 19 CFR 122.48a(e)(1), air 

carriers must comply with the 

requirement to transmit cargo 

information to CBP electronically on 

and after March 4, 2004. Under 19 CFR 

122.48a(e)(2), CBP may delay the 

compliance date set forth in paragraph 

(e)(1) of this section in certain 

circumstances (that need not be 

specified here). Under this paragraph 

(e)(2), CBP would announce any such 

delays in the Federal Register. As the 

March 4, 2004, compliance date was not 

delayed, no announcements of delay 

were published. 

Inasmuch as the compliance date for 

all air carriers has passed, this final rule 

removes paragraph (e) from this section 

and makes a conforming change to 

paragraph (a). 

19 CFR 123.91 

Under 19 CFR 123.91, applicable to 

U.S. bound railroad trains with 

commercial cargo aboard, CBP must 

electronically receive from the rail 

carrier certain information concerning 

the incoming cargo. CBP must receive 

the information no later than 2 hours 

prior to the cargo’s arrival at the first 

port of arrival in the United States (19 

CFR 123.91(a)). This section also sets 

forth other requirements, including 

exceptions, the information to be 

submitted, and a compliance date. 

Under 19 CFR 123.91(e), carriers are 

required to comply with the section’s 

electronic transmission requirements 90 

days from the date that CBP publishes 

notice in the Federal Register informing 

carriers that the electronic data 

interchange system for transmission of 

cargo information is operational at the 

affected port(s). 

On April 12, 2004, CBP published a 

notice in the Federal Register (69 FR 

19207) providing a schedule of dates by 

which the electronic data interchange 


cprice-sewell on DSK2BSOYB1PROD with RULES
52676 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 

system would be implemented, in three 

phases, at the various affected ports of 

entry. Phase one was for 

implementation at the ports that were 

already system-operational, and 

subsequent phases would follow at 

other ports, as set forth in the 2004 

notice. Accordingly, the carriers 

commenced advance electronic 

transmissions at those ports by the 

specified dates, each of which was set 

at least 90 days after publication of the 

2004 notice. The implementation was 

complete at all ports in 2004, rendering 

19 CFR 123.91(e) obsolete. Therefore, 

this final rule amends 19 CFR 123.91 by 

removing paragraph (e) and making a 

conforming change to paragraph (a). 

19 CFR 123.92 

Under 19 CFR 123.92, applicable to 

U.S. bound trucks with commercial 

cargo aboard, CBP must electronically 

receive from the truck carrier certain 

information concerning the incoming 

cargo. CBP must receive the 

information, depending on the 

electronic system employed by the 

carrier, no later than 30 minutes or one 

hour, or a lesser authorized period, prior 

to the cargo’s arrival at the first port of 

arrival in the United States (19 CFR 

123.92(a)). This section also sets forth 

other requirements, including 

exceptions, the information to be 

submitted, and a compliance date. 

Under 19 CFR 123.92(e), carriers are 

required to comply with these electronic 

transmission requirements on and after 

90 days from the date that CBP 

publishes a notice in the Federal 

Register announcing the operability of 

the electronic interchange system at the 

affected port(s) and that the carriers 

must commence presenting the required 

cargo information through that system. 

CBP published a series of notices 

(cited below) in the Federal Register 

announcing the operability of the 

electronic system at the various affected 

ports and the dates by which carriers 

were to commence electronic 

transmissions at those ports, each date 

being at least 90 days from publication 

of the notice. All such ports have been 

system operational, and all carriers have 

been complying with the regulation’s 

requirements, since February 11, 2008. 

As all the compliance dates have taken 

effect, CBP is amending 19 CFR 123.92 

to remove the obsolete compliance date 

provision of paragraph (e) and making a 

conforming change to paragraph (a). 

(See 69 FR 51007, August 17, 2004; 71 

FR 62922, October 27, 2006; 72 FR 2435, 

January 19, 2007; 72 FR 8109, February 

23, 2007; 72 FR 18574, April 13, 2007; 

72 FR 25965, May 8, 2007; 72 FR 63805, 

November 3, 2007.) 

19 CFR 192.14 

Under 19 CFR 192.14, applicable to 

all carrier modes departing the United 

States transporting commercial cargo, 

carriers are required to file export cargo 

information electronically through the 

Automated Export System (AES) prior 

to departure, as follows: 24 hours prior 

to departure for vessel carriers, 2 hours 

prior to departure for air carriers, one 

hour before arrival at the border for 

truck carriers, and two hours before 

arrival at the border for rail carriers. 

Section 192.14(e), provides that these 

mandatory electronic (AES) filing 

requirements are to be implemented 

concurrent with the completion of the 

redesign of CBP’s AES commodity 

module and the effective date of a 

Department of Commerce (DOC) 

rulemaking pertaining to mandatory 

electronic filing of export cargo 

information. Section 192.14(e) also 

requires CBP to publish a notice in the 

Federal Register announcing the 

compliance date. 

CBP completed the design of the AES 

module in 2004, and, on June 2, 2008, 

the DOC published in the Federal 

Register (73 FR 31548) U.S. Census 

Bureau regulations pertaining to 

mandatory electronic transmission of 

export cargo information, with an 

effective date of July 2, 2008, and an 

implementation date of September 30, 

2008. Thus, on June 9, 2008, CBP 

published a general notice in the 

Federal Register (73 FR 32466) 

announcing a September 30, 2008 

compliance date for the electronic 

transmission requirements of 19 CFR 

192.14. This rendered the compliance 

date provision of 19 CFR 192.14(e) 

obsolete. Accordingly, this final rule 

amends 19 CFR 192.14 by removing 

paragraph (e) and making a conforming 

change to paragraph (a). 

Inapplicability of Notice and Comment 

and Delayed Effective Date 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), CBP has determined that it would 

be impracticable, unnecessary, and 

contrary to the public interest to delay 

publication of this rule in final form, 

pending an opportunity for public 

comment, and that there is good cause 

for this final rule to become effective 

immediately upon publication. The 

technical corrections in this rule merely 

remove from five sections of the 

regulations compliance date provisions 

that have become obsolete for the reason 

that the date or event that triggers the 

compliance date in each section has 

passed. 

The Regulatory Flexibility Act and 

Executive Order 12866 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. Also, 

this amendment does not meet the 

criteria for a ‘‘significant regulatory 

action’’ as specified in Executive Order 

12866. 

Signing Authority 

The signing authority for this final 

rule document falls under 19 CFR 0.2(a) 

pertaining to the authority of the 

Secretary of Homeland Security (or his 

or her delegate) to prescribe regulations 

not related to customs revenue 

functions. 

List of Subjects 

19 CFR Part 4 

Customs duties and inspection, 

Freight, Maritime carriers, Reporting 

and recordkeeping requirements, 

Vessels. 

19 CFR Part 122 

Air carriers, Aircraft, Customs duties 

and inspection, Freight, Reporting and 

recordkeeping requirements, Security 

measures. 

19 CFR Part 123 

Customs duties and inspection, 

Freight, Motor carriers, Railroads, 

Reporting and recordkeeping 

requirements. 

19 CFR Part 192 

Aircraft, Exports, Motor vehicles, 

Reporting and recordkeeping 

requirements, Vessels. 

Amendments to the Regulations 

■ For the reasons set forth in the 

preamble, parts 4, 122, 123 and 192 of 

title 19, Code of Federal Regulations (19 

CFR parts 4, 122, 123, and 192) are 

amended as follows: 

PART 4—VESSELS IN FOREIGN AND 

DOMESTIC TRADES 

■ 1. The general authority citation for 

part 4 and the specific authority citation 

for section 4.7 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. 

60105. 

* * * * * 

Section 4.7 also issued under 19 U.S.C. 

1581(a); 

* * * * * 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 52677 

§ 4.7 [Amended] 

■ 2. Amend § 4.7 by removing from the 

first sentence of paragraph (b)(2) the 

words ‘‘subject to the effective date 

provided in paragraph (b)(5) of this 

section,’’ and removing paragraph (b)(5). 

PART 122—AIR COMMERCE 

REGULATIONS 

■ 3. The general authority citation for 

part 122 continues to read as follows: 

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. 

* * * * * 

§ 122.48a [Amended] 

■ 4. Amend § 122.48a by removing from 

the first sentence of paragraph (a) the 

words ‘‘and subject to paragraph (e) of 

this section,’’ and removing paragraph 

(e). 

PART 123—CUSTOMS RELATIONS 

WITH CANADA AND MEXICO 

■ 5. The general authority citation for 

part 123 continues to read as follows: 

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

Note 3(i)), Harmonized Tariff Schedule of the 

United States (HTSUS), 1431, 1433, 1436, 

1448, 1624, 1646c, 2071 note. 

* * * * * 

§ 123.91 [Amended] 

■ 6. Amend § 123.91 by removing from 

the first sentence of paragraph (a) the 

words ‘‘and subject to paragraph (e) of 

this section,’’ and removing paragraph 

(e). 

§ 123.92 [Amended] 

■ 7. Amend § 123.92 by removing from 

the first sentence of paragraph (a) the 

words ‘‘and subject to paragraph (e) of 

this section,’’ and removing paragraph 

(e). 

PART 192—EXPORT CONTROL 

■ 8. The general authority citation for 

part 192 continues to read as follows: 

Authority: 19 U.S.C. 66, 1624, 1646c. 

Subpart A also issued under 19 U.S.C. 1627a, 

1646a, 1646b; subpart B also issued under 13 

U.S.C. 303; 19 U.S.C. 2071 note; 46 U.S.C. 91. 

* * * * * 

§ 192.14 [Amended] 

■ 9. Amend § 192.14 by removing from 

the first sentence of paragraph (a) the 

words ‘‘and subject to paragraph (e) of 

this section,’’ and removing paragraph 

(e). 

Dated: October 8, 2009. 

Jayson P. Ahern, 

Acting Commissioner, Customs and Border 

Protection. 

[FR Doc. E9–24668 Filed 10–13–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9462] 

RIN 1545–BH91 

Disregarded Entities and Excise Taxes; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final and 

temporary regulations. 

SUMMARY: This document contains a 

correction to final and temporary 

regulations (TD 9462) that were 

published in the Federal Register on 

Monday, September 14, 2009, clarifying 

that a single-owner eligible entity that is 

disregarded as an entity separate from 

its owner for any purpose, but regarded 

as a separate entity for certain excise tax 

purposes, is treated as a corporation for 

tax administration purposes related to 

those excise taxes. 

DATES: This correction is effective on 

October 14, 2009, and is applicable on 

September 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Michael H. Beker, (202) 622–3070 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

that are the subject of this document is 

under section 7701 of the Internal 

Revenue Code. 

Need for Correction 

As published on Monday, September 

14, 2009 (74 FR 46903), the final and 

temporary regulations (TD 9462) contain 

an error that may prove to be misleading 

and is in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

final and temporary regulations (TD 

9462), which was the subject of FR Doc. 

E9–21987, is corrected as follows: 

On page 46904, column three, the 

signature line, the word ‘‘Mundace’’ is 

corrected to read ‘‘Mundaca’’. 

Diane O. Williams, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel, (Procedure 

and Administration). 

[FR Doc. E9–24656 Filed 10–13–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 950 

[SATS No. WY–035–FOR; Docket ID: OSM– 

2009–0003] 

Wyoming Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment with certain exceptions. 

SUMMARY: We are issuing a final 

decision on an amendment to the 

Wyoming regulatory program (the 

‘‘Wyoming program’’) under the Surface 

Mining Control and Reclamation Act of 

1977 (‘‘SMCRA’’ or ‘‘the Act’’). Our 

decision approves in part, disapproves 

in part and defers in part the 

amendment. Wyoming proposed 

revisions to and additions of rules 

concerning self-bonding requirements 

(Administrative Record No. WY–40–01) 

under SMCRA (30 U.S.C. 1201 et seq.). 

Wyoming sent the amendment to reflect 

changes made at its own initiative. 

Wyoming intends to revise its program 

to increase the flexibility of its selfbonding program and at the same time 

not increase the risk to the State. 

DATES: Effective Date: October 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey W. Fleischman, Telephone: 

307.261.6550, E-mail address: 

jfleischman@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Program 

II. Submission of the Proposed Amendment 

III. Office of Surface Mining Reclamation and 

Enforcement’s (OSM’s) Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Wyoming 

Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 


cprice-sewell on DSK2BSOYB1PROD with RULES