[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24392-24393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10506]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 101

[CBP Dec. 10--05; USCBP-2009-0035]
RIN 1651-AA79


Further Consolidation of CBP Drawback Centers

AGENCY: Customs and Border Protection, DHS.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule the proposal to amend 
title 19 of the Code of Federal Regulations to reflect the closure of 
the Customs and Border Protection (``CBP'') Drawback Center located at 
the Port of Los Angeles-Long Beach, California. The closure of this 
Drawback Center is necessary because of decreases in claim

[[Page 24393]]

filings and drawback claim values at the Los Angeles Drawback Center 
and is part of CBP's planned consolidation of its drawback program.

DATES: Effective Date: This rule is effective June 4, 2010.

FOR FURTHER INFORMATION CONTACT: Christine Kegley, Import Operations 
Branch, Office of Field Operations, Customs and Border Protection, 
(202) 344-2319.

SUPPLEMENTARY INFORMATION: 

Background

    On December 1, 2009, Customs and Border Protection (``CBP'') 
published in the Federal Register (74 FR 62715) a proposed amendment to 
the CBP regulations to reflect the proposed closing of the Los Angeles 
Drawback Center as part of the agency's planned consolidation of its 
drawback program. The document requested public comment regarding the 
proposed action. In that document, CBP noted that because of the 
decrease in the number of drawback claims filed and processed at the 
Los Angeles Drawback Center since 2003 and the small number of claims 
filed overall in the Los Angeles center, CBP proposed to close this 
drawback center, thus leaving four centers located in its key 
geographical areas of Chicago, Houston, New York, and San Francisco. 
CBP believes that closing the Los Angeles Drawback Center is required 
in order to attain CBP's original goals of conserving resources, 
increasing efficiency, exercising fiscal responsibility, and promoting 
greater uniformity in the processing of drawback claims. In accordance 
with 19 U.S.C. 2075(g)(2)(C), the Homeland Security Act of 2002 (6 
U.S.C. 217(b)(2)), and the SAFE Port Act of 2006 (6 U.S.C. 115(D)), CBP 
notified the House Committee on Ways & Means, the Senate Committee on 
Finance, and House Committee on Homeland Security of its intent to 
close the Los Angeles Drawback Center. The Congressional notification 
period expired and CBP did not receive from Congress any objections to 
the proposed closing of the Los Angeles Drawback Center.
    The document also stated that any future claims will be required to 
be sent to one of the four remaining drawback centers located in 
Chicago, Houston, New York, or San Francisco. All remaining claims that 
were filed at the Los Angeles Drawback Center prior to closure that 
have not been liquidated and still require CBP review will be forwarded 
to the San Francisco Drawback Center for final processing.

Discussion of Comments

    One comment was received in response to the solicitation of public 
comment in the proposed rule. A description of the comment received, 
together with CBP's analysis, is set forth below.
    Comment: A commenter expressed concern about the proper staffing 
levels at the San Francisco Drawback Center to accommodate the 
additional drawback claim filings it will receive due to the closure of 
the Los Angeles Drawback Center.
    CBP Response: CBP concurs that staffing at the drawback centers is 
very important. CBP is mandated by the Homeland Security Act of 2002 to 
maintain a minimum staffing number for drawback specialists. Two 
drawback specialist positions that were allotted to the Los Angeles 
Drawback Center have been reassigned to the San Francisco Drawback 
Center to address the anticipated increase in workload. CBP will 
continually monitor drawback specialist staffing levels so that each of 
the CBP Drawback Centers is appropriately staffed.

Conclusion

    After analysis of the comment and further review of the matter, CBP 
has determined to adopt as a final rule the amendment proposed in the 
Notice of Proposed Rulemaking published in the Federal Register (74 FR 
62715) on December 1, 2009.

Executive Order 12866

    This final rule does not meet the criteria to be considered an 
economically ``significant regulatory action'' under Executive Order 
12866 because it will not result in the expenditure of over $100 
million in any one year. The Office of Management and Budget (OMB) has 
not reviewed this rule under that Order.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
federal agencies to examine the impact a rule would have on small 
entities. A small entity may be a small business (defined as any 
independently owned and operated business not dominant in its field 
that qualifies as a small business per the Small Business Act); a small 
not-for-profit organization; or a small governmental jurisdiction 
(locality with fewer than 50,000 people).
    In the proposed rule, CBP stated that the amendment would not 
likely have a significant economic impact on a substantial number of 
small entities. CBP solicited public input, and did not receive any 
comments challenging that finding. We certify, therefore, that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Signing Authority

    This document is being issued in accordance with 19 CFR 0.2(a), 
which provides that the authority of the Secretary of the Treasury with 
respect to CBP regulations that are not related to customs revenue 
functions was transferred to the Secretary of Homeland Security 
pursuant to Section 403(l) of the Homeland Security Act of 2002. 
Accordingly, this final rule to amend such regulations may be signed by 
the Secretary of Homeland Security (or her delegate).

List of Subjects in 19 CFR Part 101

    Customs duties and inspection, Customs ports of entry.

Amendment to the Regulations

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For the reasons set forth above, part 101 of the title 19 of the Code 
of Federal Regulations (19 CFR part 101) is amended as follows:

PART 101--GENERAL PROVISIONS

0
1. The general authority citation for part 101 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 
1646a.
    Section 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b.
* * * * *


Sec.  101.3  [Amended]

0
2. In Sec.  101.3, the table in paragraph (b)(1) is amended by removing 
the plus sign in the ``Ports of entry'' column before the column 
listing for ``Los Angeles-Long Beach'' under the state of California.

     Dated: April 28, 2010.
Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-10506 Filed 5-4-10; 8:45 am]
BILLING CODE 9111-14-P