[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Rules and Regulations]
[Pages 19533-19534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7814]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Parts 171 and 172

[CBP Dec. 12-07]


Changes in the Statutory Authority for Petitions for Relief

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

ACTION: Final rule; technical corrections.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations by making technical corrections to reflect the repeal of 
one of the underlying statutory authorities regarding petitions for 
relief from a fine, penalty, forfeiture, or liquidated damages under a 
law administered by CBP. Administrative petitioning rights are not 
affected by removal of this authority because CBP has other existing 
statutory authority for these provisions. This document also amends 
regulations to reflect changes in delegation authority as effected by 
the transfer of CBP to the Department of Homeland Security (DHS), and 
makes non-substantive editorial and nomenclature changes.

DATES: The final rule is effective on April 2, 2012.

FOR FURTHER INFORMATION CONTACT: Todd Schneider, Penalties Branch, 
Regulations and Rulings, Office of International Trade, Customs and 
Border Protection, Tel. (202) 325-0261.

SUPPLEMENTARY INFORMATION:

Background

    This document amends title 19 of the Code of Federal Regulations 
(19 CFR) by making technical corrections to 19 CFR parts 171 and 172, 
specifically, sections 171.11, 171.12, 172.11, and 172.12.
    These regulations delegate to the Fines, Penalties, and Forfeitures 
Officer or the Chief, Penalties Branch, Regulations and Rulings, Office 
of International Trade, U.S. Customs and Border Protection (CBP) 
Headquarters the authority to remit or mitigate fines, penalties, or 
forfeitures, or cancel claims for liquidated damages.
    The purpose of the technical corrections is to conform the 
statutory authority sections listed for 19 CFR parts 171 and 172 and 
the text of the relevant regulatory provisions to reflect the repeal of 
title 46, United States Code (U.S.C.) Appendix section 320 (24 Stat. 
81), enacted June 19, 1886, which is currently cited as one of the 
underlying statutory authorities. Title 46 U.S.C. Appendix section 320 
was repealed as part of the recodification of the appendix to title 46 
of the United States Code, by Public Law 109-304, section 19 (120 Stat. 
1711), which was enacted October 6, 2006, and this document removes the 
repealed statutory citation from the CBP regulations.
    Please note that CBP has existing statutory authority to continue 
accepting administrative petitions under 19 U.S.C. 1618, 1623, and 31 
U.S.C. 5321, as appropriate. Therefore, this rule does not alter the 
rights of a person alleged to have committed a violation, or a breach 
of a bond condition, to petition for relief.
    This document also amends 19 CFR 171.12 to reflect the transfer of 
authority from the Treasury Department to the U.S. Department of 
Homeland Security (DHS) and the delegation of authority from DHS to the 
Commissioner of CBP.
    On November 25, 2002, the President signed into law the Homeland 
Security Act of 2002, Public Law 107-296, 116 Stat. 2135. Accordingly, 
as of March 1, 2003, the former U.S. Customs Service of the Department 
of the Treasury was transferred to DHS and reorganized to become CBP.
    On May 15, 2003, the Treasury Department issued Treasury Department 
Order Number No. 100-16 delegating to DHS its authority related to the 
customs revenue functions, with certain delineated exceptions in which 
the Treasury Department retained its authority. See Appendix to 19 CFR 
part 0. The Treasury Department transferred to DHS its authority over 
fines, penalties, and forfeitures and the Secretary of DHS further 
delegated this authority to the Commissioner of CBP. Accordingly, this 
document amends 19 CFR 171.12 to reflect these changes.

Inapplicability of Notice and Delayed Effective Date

    Because the technical corrections set forth in this document are 
necessary to conform 19 CFR parts 171 and 172 to reflect the repeal of 
46 U.S.C. Appendix section 320, pursuant to 5 U.S.C. 553(b)(B), CBP 
finds that good cause exists for dispensing with notice and

[[Page 19534]]

public procedure as unnecessary. 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.

The 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

    As these amendments are technical corrections to the regulations to 
reflect statutory changes, 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

19 CFR Part 171

    Administrative practice and procedure, Customs duties and 
inspection, Law enforcement, Penalties, Seizures and forfeitures.

19 CFR Part 172

    Administrative practice and procedure, Customs duties and 
inspection, Penalties.

Amendments to the CBP Regulations

    For the reasons stated in the preamble, parts 171 and 172 of title 
19 of the Code of Federal Regulations (19 CFR parts 171 and 172) are 
amended as set forth below.

PART 171--FINES, PENALTIES, AND FORFEITURES

0
1. The authority citation for part 171 is revised to read as follows:

    Authority: 18 U.S.C. 983; 19 U.S.C. 66, 1592, 1593a, 1618, 1624; 
22 U.S.C. 401; 31 U.S.C. 5321.


Sec.  171.11  [Amended]

0
2. Section 171.11(a) is amended by removing the phrase ``, or section 
320 of title 46, United States Code App. (46 U.S.C. App. 320),''.


Sec.  171.12  [Amended]

0
3. Section 171.12 is amended by:
0
a. Adding the word, ``or'', before the phrase ``section 5321(c) of 
title 31, United States Code (31 U.S.C. 5321(c))'';
0
b. Removing the phrase ``, or section 320 of title 46, United States 
Code App. (46 U.S.C. App. 320),'';
0
c. Removing the words ``, unless there has been no delegation to act by 
the Secretary of the Treasury or his designee'';
0
d. Removing the last sentence of the paragraph; and
0
e. Adding the punctuation ``.'' after the word ``appropriate''.

PART 172--CLAIMS FOR LIQUIDATED DAMAGES; PENALTIES SECURED BY BONDS

0
4. The authority citation for part 172 is revised to read as follows:

    Authority:  19 U.S.C. 66, 1618, 1623, 1624.


Sec.  172.11  [Amended]

0
5. Section 172.11(a) is amended by removing the phrase ``, or section 
320 of title 46, United States Code App. (46 U.S.C. App. 320),'', and 
by removing the word ``shall'' and adding in its place the word 
``will''.


Sec.  172.12  [Amended]

0
6. Section 172.12 is amended by:
0
a. Removing the phrase ``, or section 320 of title 46, United States 
Code App. (46 U.S.C. App. 320),'';
0
b. Adding the words ``International Trade, '' after the words, ``Office 
of''; and
0
c. Removing the word ``Customs'' and adding in its place the term 
``CBP''.

    Dated: March 28, 2012.
David V. Aguilar,
 Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-7814 Filed 3-30-12; 8:45 am]
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