Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55623 

SUMMARY: The Secretary of Homeland 

Security has determined, pursuant to 

law, that it is necessary to waive certain 

laws, regulations and other legal 

requirements in order to ensure the 

expeditious construction of barriers and 

roads along the international land 

border of the United States in California. 

DATES: This Notice is effective on 

September 22, 2005. 

Determination and Waiver 

In section 102(a) of the Illegal 

Immigration Reform and Immigrant 

Responsibility Act of 1996, Public Law 

104–208, Div. C, 110 Stat. 3009–546, 

3009–554 (Sept. 30, 1996) (8 U.S.C 1103 

note (2000) (IIRIRA)), Congress provided 

that the Attorney General shall take 

such actions as may be necessary to 

install additional physical barriers and 

roads (including the removal of 

obstacles to detection of illegal entrants) 

in the vicinity of the United States 

border to deter illegal crossings in areas 

of high illegal entry into the United 

States. Pursuant to sections 1511 and 

1517 of the Homeland Security Act of 

2002, Public Law 107–296, 116 Stat. 

2135, 2309, 2311 (Nov. 25, 2002) (HSA) 

(6 U.S.C. 551, 557), the authorities of the 

Attorney General contained in section 

102 of the IIRIRA were transferred to 

me. In section 102(c) of the IIRIRA, as 

amended by section 102 of the REAL ID 

Act of 2005, Public Law 109–13, Div. B, 

119 Stat. 231, 302, 306 (May 11, 2005) 

(REAL ID Act) 8 U.S.C. 1103 note), 

Congress granted to me the authority to 

waive all legal requirements that I, in 

my sole discretion, determine necessary 

to ensure the expeditious construction 

of barriers and roads under section 102 

of IIRIRA. 

In section 102(b) of the IIRIRA, 

Congress specifically provided for the 

construction along the 14 miles of the 

international land border of the United 

States, starting at the Pacific Ocean and 

extending eastward, of second and third 

fences, in addition to the existing 

reinforced fence, and for roads between 

the fences. In section 446 of the HSA, 

Congress expressed its sense that 

completing the 14-mile border project 

under section 102(b) of the IIRIRA 

should be a priority for the Secretary of 

Homeland Security. Nearly nine years 

after the passage of the IIRIRA, the 

project prescribed in section 102(b) of 

the IIRIRA remains incomplete. 

In order to ensure the expeditious 

construction of the barriers and roads 

that Congress prescribed in section 

102(b) of the IIRIRA, regarding which 

Congress expressed its support in 

section 446 of the HSA, 116 Stat. 2195 

(6 U.S.C. 256), and which is an area of 

high illegal entry into the United States, 

I have determined that it is necessary 

that I exercise the authority that was 

transferred to me by sections 1511 and 

1517 of the HSA and that is vested in 

me by section 102(c) of the IIRIRA as 

amended by section 102 of the REAL ID 

Act. Accordingly, I hereby waive in 

their entirety, with respect to the 

construction of the barriers and roads 

prescribed in section 102(b) of the 

IIRIRA (including, but not limited to, 

the conduct of earthwork, excavation, 

fill, and site preparation, and 

installation and upkeep of fences, roads, 

supporting elements, drainage, erosion 

controls, safety features, detection 

equipment, and lighting), all federal, 

state, or other laws, regulations and 

legal requirements of, deriving from, or 

related to the subject of, the following 

laws, as amended: The National 

Environmental Policy Act (Pub. L. 91–

190, 83 Stat. 852, (Jan. 1, 1970) (42 

U.S.C. 4321 et seq.)), the Endangered 

Species Act (Pub. L. 93–205, 87 Stat. 

884 (Dec. 28, 1973) (16 U.S.C. 1531 et 

seq.)), the Coastal Zone Management 

Act (Pub. L. 92–583, 86 Stat. 1280 (Oct. 

27, 1972) (16 U.S.C. 1451 et seq.)), the 

Federal Water Pollution Control Act 

(commonly referred to as the Clean 

Water Act) (Act of June 30, 1948, c. 758, 

62 Stat. 1155 (33 U.S.C. 1251 et seq.)), 

the National Historic Preservation Act 

(Pub. L. 89–665, 80 Stat. 915 (Oct. 15, 

1966) (16 U.S.C. 470 et seq.)), the 

Migratory Bird Treaty Act (16 U.S.C. 

703 et seq.), the Clean Air Act (42 U.S.C. 

7401 et seq.), and the Administrative 

Procedure Act (5 U.S.C. 551 et seq.). I 

reserve the authority to make further 

waivers from time to time under the 

authority granted to me by section 

102(c) of the IIRIRA, as amended by 

section 102 of the REAL ID Act, as I may 

determine to be necessary to accomplish 

the provisions of section 102 of IIRIRA. 

Dated: September 13, 2005. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. 05–18882 Filed 9–21–05; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

Automated Commercial Environment 

(ACE): Elimination of Bond Rider 

Requirement for Participation in 

Periodic Monthly Statement Payment 

Process 

AGENCY: Customs and Border Protection; 

Department of Homeland Security. 

ACTION: General notice. 

SUMMARY: This notice announces 

changes in the Bureau of Customs and 

Border Protection’s (CBP) National 

Customs Automation Program (NCAP) 

test concerning periodic monthly 

deposit of estimated duties and fees. 

Participants in the Periodic Monthly 

Statement test are no longer required to 

provide a bond rider covering the 

periodic payment of estimated duties 

and fees. Nonpayment or untimely 

payment of estimated duties and fees, 

however, may result in action by CBP to 

impose sanctions on the delinquent 

importer of record or to allow the surety 

to terminate its basic importation bond. 

If the bond principal is a participant in 

the Periodic Monthly Statement test, 

sureties will now be allowed, under 

certain conditions, to terminate bonds 

with 3 business days notice to the bond 

principal and CBP. 

EFFECTIVE DATES: The elimination of the 

requirement to provide a bond rider 

covering the periodic payment of 

estimated duties is effective 

immediately. 

ADDRESSES: Comments concerning this 

notice should be submitted to Robert B. 

Hamilton via e-mail at 

Robert.B.Hamilton@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 4, 2004, the Bureau of 

Customs and Border Protection (CBP) 

published a General Notice in the 

Federal Register (69 FR 5362) 

announcing the National Customs 

Automation Program (NCAP) test for 

Periodic Monthly Payment Statement 

Process. The test, which is part of CBP’s 

Automated Commercial Environment 

(ACE), benefits participants by giving 

them access to operational data through 

the ACE Secured Data Portal (‘‘ACE 

Portal’’), which provides them the 

capability to interact electronically with 

CBP, and by allowing them to deposit 

estimated duties and fees on a monthly 

basis based on a Periodic Monthly 

Statement generated by CBP. 

When the test started, only importers 

were eligible to apply for the test. 

Eligibility was later expanded to allow 

brokers to apply if they were 

specifically designated by an ACE 

importer. 

On September 8, 2004, CBP published 

a General Notice in the Federal Register 

(69 FR 54302) which invited customs 

brokers, regardless of whether they were 

designated by participating importers to 

make Periodic Monthly Statement 

payments on their behalf, to apply to 

participate in the test. That notice set 

55624 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 

forth eligibility requirements for both 

importers and brokers. 

On February 1, 2005, CBP published 

a General Notice in the Federal Register 

(70 FR 5199) announcing that applicants 

seeking to establish importer or broker 

accounts so as to access the ACE Portal, 

or to participate in any ACE test 

(including the test for Periodic Monthly 

Payment Statement Process), are no 

longer required to provide a statement 

certifying participation in the Customs 

Trade Partnership Against Terrorism 

(C–TPAT). 

On August 8, 2005, CBP published a 

General Notice in the Federal Register 

(70 FR 45736) changing the time period 

allowed for the deposit of the duties and 

fees from the 15th calendar day to the 

15th working day of the month 

following the month in which the goods 

are either entered or released. That 

change was made in order to comply 

with the provisions of section 2004 of 

the Miscellaneous Trade and Technical 

Corrections Act of 2004, Public Law 

108–429, which extended the time of 

deposit of those estimated duties and 

fees. The document also advised that 

entries containing Census errors are 

eligible to be placed on a Periodic Daily 

Statement and designated for monthly 

payment. Finally, the document 

described those situations where 

liquidated damages would be imposed 

for failing to pay estimated duties in a 

timely manner. 

As provided in the February 4, 2004 

General Notice announcing the test, 

participants in the Periodic Monthly 

Statement test are required to schedule 

entries for monthly payment. A Periodic 

Monthly Statement will list Periodic 

Daily Statements that have been 

designated for monthly payment. The 

Periodic Monthly Statement can be 

created on a port basis by the importer 

or broker, as was the case with existing 

daily statements in the Automated 

Commercial System (ACS) (ACE is the 

successor to ACS). The Periodic 

Monthly Statement can be created on a 

national basis by an Automated Broker 

Interface (ABI) filer. If an importer 

chooses to file the Periodic Monthly 

Statement on a national basis he must 

use his filer code and schedule and pay 

the monthly statements timely. The 

Periodic Monthly Statement will be 

routed under existing CBP procedures. 

Brokers will only view/receive 

information that they have filed on an 

importer’s behalf. ACE will not route a 

Periodic Monthly Statement to a broker 

through ABI if that statement lists 

information filed by another broker. 

The February 4, 2004, Notice also 

stated that, in addition to other 

responsibilities, test participants are 

required to provide a bond rider 

covering the periodic payment of 

estimated duties. 

Elimination of the Periodic Monthly 

Statement Payment Bond Rider 

In order to open participation in the 

Periodic Monthly Statement test to the 

widest number of importers, CBP will 

no longer require that an applicant, in 

order to participate in the test, submit 

a bond rider as required by the Federal 

Register Notice of February 4, 2004. CBP 

has determined that the rider is not 

necessary, inasmuch as the terms and 

conditions of the basic importation 

bond under section 113.62 of the CBP 

Regulations (title 19 Code of Federal 

Regulations (CFR), section 113.62) 

require the bond obligors to deposit, in 

the time period prescribed by law or 

regulation, any duties, taxes, and 

charges imposed, or estimated to be due, 

at the time of merchandise release or 

withdrawal. 

Submission of the bond rider does 

have the effect of alerting the surety 

guaranteeing performance that the bond 

principal is participating in the Periodic 

Monthly Statement test. CBP agrees that, 

as a result of elimination of the rider 

submission requirement, it will notify 

sureties, electronically, of a bond 

principal’s participation in the test. 

Failure To Pay, or To Timely Pay, 

Estimated Duties and Fees 

A bond principal who fails to meet its 

obligation to pay estimated duties and 

fees under the test should not continue 

to enjoy the benefits of the deferred 

payment of estimated duties and fees. 

Such an allowance would further stress 

the bond amount and place the revenue 

in jeopardy. As such, CBP, through this 

notice, suspends those regulations in 

Part 142 relating to the delinquent 

payment of CBP bills as they relate to 

non-payment or late payment of 

estimated duties and fees made under 

the Periodic Monthly Statement test. 

Any bond principal who is late with an 

estimated monthly statement estimated 

duty payment by more than 2 business 

days will be notified by CBP, either 

electronically or by paper notification, 

that immediately it shall be required to 

file entry summary documentation with 

estimated duties and fees attached 

before its merchandise may be released 

from any CBP port. The surety on the 

affected bond will also be notified. The 

bond principal will only be released 

from such a requirement upon full 

payment of any unpaid estimated duties 

and fees that have come due under the 

Periodic Monthly Statement test. 

During the test, CBP will retain the 

right to deny Periodic Monthly 

Statement payment privileges to any 

importer that is repeatedly delinquent 

in the payment of estimated duties and 

fees due. 

Termination of Bonds 

For purposes of the test, the 

provisions of 19 CFR part 113 relating 

to termination of bonds will be 

suspended, in certain situations, insofar 

as sureties will be permitted to 

terminate bonds with 3 business days 

notice to the bond principal and CBP. 

Section 113.27(b) of the CBP 

Regulations (19 CFR 113.27(b)) 

generally requires a 30-day notice (with 

exceptions) for surety termination of a 

bond. Sureties may now terminate 

bonds with 3 business days notice when 

termination by the surety occurs 

because the surety does not accept the 

risk relating to participation by the bond 

principal in the Periodic Monthly 

Statement test. Sureties may also 

terminate bonds with 3 business days 

notice when termination is a result of 

the failure of the bond principal to 

perform obligations arising as a result of 

participation in the test; however, a 

termination under these circumstances 

can only take place after the surety has 

satisfied its obligations which have 

arisen as a result of the principal’s 

failure to perform. The importer whose 

bond is terminated by a surety will be 

suspended from participation in the test 

unless a new surety is obtained. 

Notification of termination to CBP shall 

be provided to the Revenue Division, 

Office of Finance, 6650 Telecom Dr., 

Suite 100, Attn: Bond Team, 

Indianapolis, Indiana 46278. Notice of 

termination to CBP must be in writing 

and must be delivered by overnight 

mail, other express delivery service, or 

fax. Notice of termination to the bond 

principal must be in writing and must 

be delivered by overnight mail or other 

express delivery service. Any notice of 

termination provided to CBP must 

include a declaration that the bond 

principal has been notified of 

termination. 

Suspension of the Regulations 

During the testing of the Periodic 

Monthly Statement process, CBP will 

suspend provisions in Parts 24, 141, 

142, and 143 of the Customs and Border 

Protection Regulations (Title 19 Code of 

Federal Regulations) pertaining to 

financial, accounting, entry procedures, 

deposit of estimated duties and fees, 

and the delinquent payment of CBP 

bills. CBP will also suspend the 

provisions of Part 113 of the Customs 

and Border Protection Regulations with 

regard to surety termination of bonds 

only in the manner and for the reasons 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Notices 55625 

1A record of the Commissioners’ votes, the 

Commission’s statement on adequacy, and any 

individual Commissioner’s statements will be 

available from the Office of the Secretary and at the 

Commission’s Web site. 

2Commissioner Aranoff did not participate in 

this determination. 

3The Commission has found the responses 

submitted by the Glycine Fair Trade Committee and 

its individual members Chattem Chemicals, Inc., 

and Hampshire Chemical Corp., to be individually 

adequate. Comments from other interested parties 

will not be accepted (see 19 CFR 207.62(d)(2)). 

discussed in this Notice. All other 

provisions of Part 113 of the Customs 

and Border Protection Regulations 

remain in effect during this test. All of 

the terms of the test and criteria for 

participation therein, as announced in 

the previous notices identified above, 

continue to be applicable unless 

changed by this notice. 

Dated: September 19, 2005. 

Thomas S. Winkowski, 

Acting Deputy Assistant Commissioner, 

Office of Field Operations. 

[FR Doc. 05–18912 Filed 9–21–05; 8:45 am] 

BILLING CODE 9110–06–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–718 (Second 

Review)] 

Glycine From China 

AGENCY: United States International 

Trade Commission. 

ACTION: Scheduling of an expedited fiveyear review concerning the antidumping 

duty order on glycine from China. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of an expedited 

review pursuant to section 751(c)(3) of 

the Tariff Act of 1930 (19 U.S.C. 

1675(c)(3)) (the Act) to determine 

whether revocation of the antidumping 

duty order on glycine from China would 

be likely to lead to continuation or 

recurrence of material injury within a 

reasonably foreseeable time. For further 

information concerning the conduct of 

this review and rules of general 

application, consult the Commission’s 

Rules of Practice and Procedure, part 

201, subparts A through E (19 CFR part 

201), and part 207, subparts A, D, E, and 

F (19 CFR part 207). 

EFFECTIVE DATE: September 7, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Russell Duncan (202–708–4727), Office 

of Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202–

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http:// 

www.usitc.gov). The public record for 

this review may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On September 7, 2005, 

the Commission determined that the 

domestic interested party group 

response to its notice of institution (70 

FR 31534, June 1, 2005) of the subject 

five-year review was adequate and that 

the respondent interested party group 

response was inadequate. The 

Commission did not find any other 

circumstances that would warrant 

conducting a full review.1 Accordingly, 

the Commission determined that it 

would conduct an expedited review 

pursuant to section 751(c)(3) of the Act.2

Staff report.—A staff report 

containing information concerning the 

subject matter of the review will be 

placed in the nonpublic record on 

September 30, 2005, and made available 

to persons on the Administrative 

Protective Order service list for this 

review. A public version will be issued 

thereafter, pursuant to section 

207.62(d)(4) of the Commission’s rules. 

Written submissions.—As provided in 

section 207.62(d) of the Commission’s 

rules, interested parties that are parties 

to the review and that have provided 

individually adequate responses to the 

notice of institution,3 and any party 

other than an interested party to the 

review may file written comments with 

the Secretary on what determination the 

Commission should reach in the review. 

Comments are due on or before October 

5, 2005, and may not contain new 

factual information. Any person that is 

neither a party to the review nor an 

interested party may submit a brief 

written statement (which shall not 

contain any new factual information) 

pertinent to the review by October 5, 

2005. However, should the Department 

of Commerce extend the time limit for 

its completion of the final results of its 

review, comments (which shall not 

contain new factual information) on 

Commerce’s final results may be 

submitted three business days after the 

issuance of Commerce’s results. If 

comments contain business proprietary 

information (BPI), they must conform 

with the requirements of sections 201.6, 

207.3, and 207.7 of the Commission’s 

rules. The Commission’s rules do not 

authorize filing of submissions with the 

Secretary by facsimile or electronic 

means, except to the extent permitted by 

section 201.8 of the Commission’s rules, 

as amended, 67 FR 68036 (November 8, 

2002). Even where electronic filing of a 

document is permitted, certain 

documents must also be filed in paper 

form, as specified in II (C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the rules, each document 

filed by a party to the review must be 

served on all other parties to the review 

(as identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Authority: This review is being conducted 

under authority of title VII of the Tariff Act 

of 1930; this notice is published pursuant to 

section 207.62 (c) of the Commission’s rules. 

By order of the Commission. 

Issued: September 16, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–18894 Filed 9–21–05; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 332–345] 

Recent Trends in U.S. Services Trade, 

2006 Annual Report 

AGENCY: United States International 

Trade Commission. 

ACTION: Scheduling of 2006 report on 

Recent Trends in U.S. Services Trade 

and opportunity for the public to submit 

information. 

SUMMARY: The International Trade 

Commission (ITC) has prepared and 

published annual reports in this series 

under investigation No. 332–345 since 

1996 (Recent Trends in U.S. Services 

Trade). The 2006 report, which the 

Commission plans to publish in June 

2006, will cover cross-border trade for 

the period ending in 2004 and 

transactions by affiliates based outside 

the country of their parent firm for the 

period ending in 2003. The Commission 

is inviting interested members of the 

public to furnish information in 

connection with the 2006 report. 

EFFECTIVE DATE: September 14, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the report may be 

directed to the project leader, Eric 

Forden, Office of Industries (202–205–

3235; eric.forden@usitc.gov) or to 

Richard Brown, Office of Industries