Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18143 

(e) Reason 

This AD was prompted by a design review 

which revealed the absence of electrical 

insulation material between a wing or 

integral center wing tank (ICWT) fuel 

quantity indication system (FQIS) probe and 

the bottom of the tank structure. We are 

issuing this AD to prevent an ignition source 

in the tank vapor space, which could result 

in a fuel tank explosion and consequent loss 

of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Apply Sealant 

Do the actions specified in paragraphs 

(g)(1) and (g)(2) of this AD, as applicable. 

(1) For all airplanes: At a scheduled 

opening of the fuel tanks, but not later than 

84 months after the effective date of this AD, 

apply sealant below the probes in the wing 

tanks, in accordance with Part 1 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–067, dated 

September 2, 2011. 

(2) For airplanes having serial numbers 

11442 through 11585 inclusive, and 

equipped with an ICWT: At a scheduled 

opening of the fuel tanks, but not later than 

84 months after the effective date of this AD, 

apply sealant below the probes in the ICWT, 

in accordance with Part 2 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–28–067, dated 

September 2, 2011. 

(h) Revise Maintenance Program 

Before further flight after doing any action 

required by paragraph (g) of this AD, revise 

the aircraft maintenance program by 

incorporating the fuel airworthiness 

limitation and the CDCCL specified in 

paragraph 1.L.(1)(c) of Fokker Service 

Bulletin SBF100–28–067, dated September 2, 

2011. 

(i) No Alternative Actions, Intervals, and/or 

CDCCLs 

After accomplishing the revision required 

by paragraph (h) of this AD, no alternative 

actions (e.g., inspections), intervals, or 

CDCCLs may be used unless the actions, 

intervals, or CDCCLs are approved as an 

alternative method of compliance (AMOC) in 

accordance with the procedures specified in 

paragraph (j)(1) of this AD. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1137; fax (425) 

227–1149. Information may be emailed to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2011–0227, dated December 6, 2011; and 

Fokker Service Bulletin SBF100–28–067, 

dated September 2, 2011; for related 

information. 

Issued in Renton, Washington, on March 8, 

2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–7361 Filed 3–26–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 148 

[USCBP–2012–0008] 

RIN 1515–AD76 

Members of a Family for Purpose of 

Filing a CBP Family Declaration 

AGENCIES: U.S. Customs and Border 

Protection, DHS; Department of the 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) is proposing to revise 

its regulations regarding U.S. returning 

residents who are eligible to file a single 

customs declaration for members of a 

family traveling together upon arrival in 

the United States. Specifically, CBP is 

proposing to expand the definition of 

the term ‘‘members of a family residing 

in one household’’ to allow more U.S. 

returning residents to file a family 

customs declaration for articles acquired 

abroad. CBP anticipates that this 

proposed change will reduce the 

amount of paperwork that CBP officers 

would need to review during inspection 

and, therefore, facilitate passenger 

processing. CBP believes that this 

proposed change would more accurately 

reflect relationships between members 

of the public who are traveling together 

as a family. 

DATES: Written comments must be 

received on or before May 29, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via Docket No. USCBP 2012–0008. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, U.S. Customs and Border 

Protection, 799 9th Street NW., (Mint 

Annex), Washington, DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, Office of 

International Trade, U.S. Customs and 

Border Protection, 799 9th Street NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Sophie Galvan, Program Manager, 

Trusted Traveler Programs, Office of 

Field Operations, (202) 344–2292. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of this 

proposed rule. U.S. Customs and Border 

Protection (CBP) also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this proposed rule. 

Comments that will provide the most 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

18144 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

1A group exemption, however, cannot include an 

exemption for a family member who is not entitled 

to it in his own right, nor can a group exemption 

apply to any property of such a member. For 

example, the exemption of a family member who 

has not attained the age of 21 regarding the number 

of permitted duty-free liters of alcoholic beverages 

cannot be applied under the group exemption. 

assistance to CBP in developing these 

procedures will reference a specific 

portion of the proposed rule, explain the 

reason for any recommended change, 

and include data, information, or 

authority that supports such 

recommended change. See ADDRESSES

above for information on how to submit 

comments. 

Background 

Individuals entering the United States 

must declare all articles acquired abroad 

to CBP at the port of first arrival in the 

United States. Returning residents and 

nonresidents arriving in the United 

States must make a declaration, either 

oral or written, of the merchandise they 

are importing and must pay duty on the 

merchandise unless specifically 

exempted by law. See 19 U.S.C. 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)). 

Unless an oral declaration is accepted, 

a person arriving in the United States 

must complete a written declaration on 

CBP Form 6059–B and present the form 

to the CBP officer at inspection. 

Personal Exemptions 

Subheadings 9804.00.65, 9804.00.70 

and 9804.00.72, Chapter 98, HTSUS, 

extend, under prescribed circumstances, 

duty exemptions to certain articles 

imported by or for the account of any 

person arriving in the United States who 

is a returning resident of the United 

States. The duty exemptions (also 

known as personal exemptions) set forth 

in these tariff schedule subheadings 

specify the aggregate fair retail value of 

merchandise that a returning resident 

may bring back to the United States 

without having to pay duty. As 

authorized by General Note 3(i), 

HTSUS, part 148 of title 19 of the Code 

of Federal Regulations (19 CFR) (CBP 

regulations) sets forth regulations 

pertaining to personal declarations and 

exemptions under subchapter IV 

(Personal Exemptions Extended to 

Residents and Nonresidents), Chapter 

98, HTSUS. 

Family Declarations and Grouping of 

Exemptions 

When members of a family residing in 

one household travel together on their 

return to the United States, a 

responsible family member may make a 

joint declaration, either oral or written, 

for all members of the family traveling 

together. This joint family declaration is 

contingent upon the value of the articles 

acquired abroad not exceeding the total 

amount of the exemption to which the 

family group is entitled. See 19 CFR 

148.14. CBP regulations also allow for 

the aggregation, or grouping, of 

exemptions by members of a family for 

articles acquired abroad and for the 

aggregation of duty allowances for 

household goods by members of a 

family. See 19 CFR 148.14, 148.34, and 

148.103. For example, when members of 

a family residing in one household 

travel together on their return to the 

United States, the $800 or $1,600 

exemption, which each family member 

may be entitled to claim, may be 

grouped together without regard to 

which member of the family is the 

owner of the articles.1 19 CFR 148.34. 

Under the current regulations relating 

to family declarations, a family may file 

a single, aggregated customs declaration 

only if they satisfy the definition of 

‘‘members of a family residing in one 

household.’’ See 19 CFR 148.34(b) and 

148.103(b). This definition requires that 

members of a family traveling together 

who return to the United States be 

related ‘‘by blood, marriage, or 

adoption;’’ live together in the same 

household at their last permanent 

residence; and intend to live in the same 

household after returning to the United 

States. CBP does not believe that the 

current definition encompasses other 

relationships where members of the 

public travel together as a family. CBP 

believes that the definition 

unnecessarily limits the number of 

individuals who may file a family 

customs declaration for articles acquired 

abroad. 

Proposed Changes to Family Customs 

Declarations 

This NPRM proposes to expand the 

definition of ‘‘members of a family 

residing in one household’’ for purposes 

of filing a customs declaration for 

returning U.S. residents to more 

accurately reflect relationships among 

members of the public who are traveling 

together as a family. 

By expanding the definition of 

‘‘members of a family residing in one 

household,’’ CBP anticipates that the 

number of declarations (CBP Form 

6059–Bs) will be reduced, which would 

make the processing of passengers by 

CBP officers more streamlined and 

efficient. Additionally, CBP believes the 

traveling public will benefit because 

more members of a family traveling 

together can aggregate their individual 

personal duty exemptions upon their 

return to the United States. 

Under this NPRM, CBP is proposing 

to include foster children, stepchildren, 

half-siblings, legal wards, other 

dependents, and individuals with an in 

loco parentis or guardianship 

relationship within the definition of 

‘‘members of a family residing in one 

household.’’ CBP also is proposing that 

the definition include two adult 

individuals in a committed relationship 

wherein the partners share financial 

assets and obligations, and are not 

married to, or a partner of, anyone else, 

including, but not limited to, long-time 

companions, and couples in civil 

unions or domestic partnerships. This 

NPRM proposes to add these 

relationships to the definition of 

‘‘members of a family residing in one 

household’’ and refer to them as 

‘‘domestic relationships.’’ The proposed 

term ‘‘domestic relationship’’ would not 

extend to roommates or other 

cohabitants not otherwise meeting the 

above definition. Additionally, the 

proposed changes would not alter the 

residency requirements that, in order to 

file a family declaration, members of a 

family residing in one household must 

live together in one household at their 

last permanent residence and intend to 

live together in one household after 

their arrival in the United States. 

Other Non-Substantive, Changes to the 

Regulations 

This proposal would also remove 

outdated references to ‘‘resident 

servants’’ of a family and state instead 

that individuals employed by the 

household but not related by blood, 

marriage, domestic relationship, or 

adoption cannot be included in the 

family declaration. 

Finally, this NPRM proposes to 

remove the phrase ‘‘regardless of age’’ 

where it currently appears in the 

introductory text of §§ 148.34(b) and 

148.103(b), because it would not be 

consistent with the proposed definition 

of ‘‘domestic relationships,’’ which is 

limited to adults. 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

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. This rule 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18145 

has been designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the Office of Management 

and Budget has reviewed this rule. 

Regulatory Flexibility Act 

This section examines the impact of 

the rule on small entities as required by 

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

603), as amended by the Small Business 

Regulatory Enforcement and Fairness 

Act of 1996 (SBREFA), which requires 

an agency to prepare and make available 

to the public a regulatory flexibility 

analysis that describes the effect of a 

proposed rule on small entities (i.e., 

small business, small organizations, and 

small governmental jurisdictions) when 

the agency is required to publish a 

general notice of proposed rulemaking 

for any proposed rule. 

This rule directly regulates 

individuals and families, and these are 

not considered small entities. Therefore, 

CBP certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

CBP welcomes any comments on this 

conclusion. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

an agency may not conduct, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number assigned by Office 

of Management and Budget (OMB). The 

information collected under 19 CFR part 

148 is included under OMB control 

number 1651–0009. There are no new 

collections of information proposed in 

this document. The estimated burden 

hours related to the completion of the 

CBP Form 6059–B (Customs 

Declaration) for OMB control number 

1651–0009 by members of the public 

traveling by air and sea have been 

updated below to reflect the slight 

decrease in the number of Customs 

Declarations that are submitted if the 

definition of a ‘‘member of a family 

residing in one household’’ in this 

proposal is adopted, as follows 

Estimated Number of Respondents 

(Travelers): 1,100,000. 

Estimated Time per Response: 4 

minutes. 

Estimated Total Responses: 

¥1,100,000. 

Estimated Total Annual Burden 

Hours: ¥2,600. 

The Customs Declaration (CBP Form 

6059B) is due to expire in February 

2014. CBP Form 6059B can be seen on 

the following Web site: http:// 

www.cbp.gov/xp/cgov/travel/vacation/ 

sample_declaration_form.xml. CBP 

seeks public comment as to as to 

whether and how the Customs 

Declaration form could more clearly 

inform U.S. residents of the definition of 

family for the purposes of filling out a 

customs declaration. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1) 

pertaining to the authority of the 

Secretary of the Treasury (or that of his 

or her delegate) to approve regulations 

pertaining to certain customs revenue 

functions. 

List of Subjects in 19 CFR Part 148 

Customs duties and inspection, 

Declarations, Reporting and 

recordkeeping requirements, Taxes. 

Amendments to the CBP Regulations 

For the reasons set forth above, part 

148 of the CBP regulations (19 CFR part 

148) is proposed to be amended as set 

forth below. 

PART 148—PERSONAL 

DECLARATIONS AND EXEMPTIONS 

1. The general authority for part 148 

continues to read as follows: 

Authority: 19 U.S.C. 66, 1496, 1498, 1624. 

The provisions of this part, except for subpart 

C, are also issued under 19 U.S.C. 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States); 

* * * * * 

§ 148.14 [Amended] 

2. Section 148.14 is amended by 

removing the last sentence and adding 

in its place the sentence ‘‘Individuals 

who are employed by the household but 

not related by blood, marriage, domestic 

relationship, or adoption will not be 

included in the family declaration.’’ 

3. In § 148.34: 

a. Paragraph (a) is amended by 

removing the last sentence and adding 

in its place the sentence ‘‘No 

exemptions allowable to individuals 

employed by the household and 

accompanying the family but not related 

by blood, marriage, domestic 

relationship, or adoption will be 

included in the family grouping.’’; and 

b. By revising paragraph (b) and 

adding a new paragraph (c). 

The additions and revisions to 

§ 148.34 are to read as follows: 

§ 148.34 Family grouping of exemptions 

for articles acquired abroad. 

* * * * * 

(b) Members of a family residing in 

one household. ‘‘Members of a family 

residing in one household’’ includes all 

persons who: 

(1) Are related by blood, marriage, 

domestic relationship, or adoption; 

(2) Lived together in one household at 

their last permanent residence; and 

(3) Intend to live in one household 

after their arrival in the United States. 

(c) Domestic relationship. As used in 

paragraph (b)(1), the term ‘‘domestic 

relationship’’ includes foster children, 

stepchildren, half-siblings, legal wards, 

other dependents, individuals with an 

in loco parentis or guardianship 

relationship, and two adults who are in 

a committed relationship including, but 

not limited to, long-time companions, 

and couples in civil unions, or domestic 

partnerships, wherein the partners share 

financial assets and obligations, and are 

not married to, or a partner of, anyone 

else. The term ‘‘domestic relationship’’ 

does not extend to roommates or other 

cohabitants not otherwise meeting this 

definition. 

4. Section 148.103(b) is revised to 

read as follows: 

§ 148.103 Family grouping of allowances. 

* * * * * 

(b) Members of a family residing in 

one household. ‘‘Members of a family 

residing in one household’’ includes all 

persons who: 

(1) Are related by blood, marriage, 

domestic relationship (as defined in 

§ 148.34(c)), or adoption; 

(2) Lived together in one household at 

their last permanent residence; and 

(3) Intend to live in one household 

after their arrival in the United States. 

Allen Gina, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Approved: March 20, 2012. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2012–7122 Filed 3–26–12; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–168745–03] 

Guidance Regarding Deduction and 

Capitalization of Expenditures Related 

to Tangible Property; Correction 

AGENCY: Internal Revenue Service (IRS). 

ACTION: Notice of proposed rulemaking; 

correcting amendment. 

SUMMARY: This document contains 

corrections to a notice of proposed 

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