45354 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Rules and Regulations 

MFTA and the Act and will be used by 

CBP to determine eligibility for a tariff 

preference or other rights or benefits 

under the MFTA and the Act. The likely 

respondents are business organizations 

including importers, exporters, and 

manufacturers. 

The estimated average annual burden 

associated with the collection of 

information in this final rule is 0.2 

hours per respondent or record keeper. 

Under the Paperwork Reduction Act, an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a valid OMB control number. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

regulations (19 CFR 0.1(a)(1)) pertaining 

to the authority of the Secretary of the 

Treasury (or his/her delegate) to 

approve regulations related to certain 

customs revenue functions. 

List of Subjects 

19 CFR Part 10 

Alterations, Bonds, Customs duties 

and inspection, Exports, Imports, 

Preference programs, Repairs, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 102 

Customs duties and inspections, 

Imports, Reporting and recordkeeping 

requirements, Rules of origin, Trade 

agreements. 

19 CFR Part 162 

Administrative practice and 

procedure, Customs duties and 

inspection, Penalties, Trade agreements. 

19 CFR Part 163 

Administrative practice and 

procedure, Customs duties and 

inspection, Export, Import, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 178 

Administrative practice and 

procedure, Exports, Imports, Reporting 

and recordkeeping requirements. 

Amendments to the CBP Regulations 

■ Accordingly, the interim rule 

amending parts 10, 162, 163, and 178 of 

the CBP regulations (19 CFR parts 10, 

162, 163, and 178), which was 

published at 72 FR 35647 on June 29, 

2007, is adopted as a final rule with 

certain changes as discussed above and 

as set forth below. 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

■ 1. The general authority citation for 

Part 10 and the specific authority for 

Subpart M continue to read as follows: 

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

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1321, 1481, 1484, 1498, 1508, 

1623, 1624, 3314; 

* * * * * 

Sections 10.761 through 10.787 also issued 

under Public Law 108–302, 118 Stat. 1103 

(19 U.S.C. 3805 note). 

* * * * * 

■ 2. Section 10.761 is amended by 

revising the last sentence to read as 

follows: 

§ 10.761 Scope. 

* * * Additional provisions 

implementing certain aspects of the 

MFTA and the Act are contained in 

Parts 102, 162, and 163 of this chapter. 

■ 3. Section 10.769 is amended by 

revising paragraph (i) and removing 

paragraph (o). Revised paragraph (i) 

reads as follows: 

§ 10.769 Definitions. 

* * * * * 

(i) New or different article of 

commerce. A ‘‘new or different article of 

commerce’’ exists when the country of 

origin of a good which is produced in 

a Party from foreign materials is 

determined to be that country under the 

provisions of §§ 102.1 through 102.21 of 

this chapter; 

* * * * * 

§ 10.770 [Amended] 

■ 4. Section 10.770 is amended by 

adding the words ‘‘, as defined in 

§ 10.769(i) of this subpart,’’ immediately 

following the words ‘‘new or different 

article of commerce’’ in paragraph (a)(2). 

§ 10.785 [Removed] 

■ 5. Section 10.785 is removed. 

§§ 10.786 through 10.788 [Redesignated as 

§§ 10.785 through 10.787] 

■ 6. Sections 10.786 through 10.788 are 

redesignated as §§ 10.785 through 

10.787, respectively. 

PART 102—RULES OF ORIGIN 

■ 7. The authority citation for part 102 

continues to read as follows: 

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

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1624, 3314, 3592. 

■ 8. Section 102.0 is amended by 

revising the third sentence to read as 

follows: 

§ 102.0 Scope. 

* * * The rules set forth in §§ 102.1 

through 102.21 of this part will also 

apply for purposes of determining 

whether an imported good is a new or 

different article of commerce under 

§ 10.769 of the United States-Morocco 

Free Trade Agreement regulations and 

§ 10.809 of the United States-Bahrain 

Free Trade Agreement regulations.* * * 

W. Ralph Basham, 

Commissioner, U.S. Customs and Border 

Protection. 

Approved: July 31, 2008. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E8–17968 Filed 8–4–08; 8:45 am] 

BILLING CODE 9111–14–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 03–123; DA 08–1589] 

Consumer and Governmental Affairs 

Bureau Clarifies the Transferability of 

Telecommunications Relay Service 

(TRS) Provider Certification 

AGENCY: Federal Communications 

Commission. 

ACTION: Clarification. 

SUMMARY: In this document, the 

Consumer and Governmental Affairs 

Bureau (Bureau) responds to requests 

for guidance concerning the 

transferability of Commission 

certification of Internet-based TRS 

providers as eligible for compensation 

from the Interstate TRS Fund (Fund). 

The Bureau clarifies that such 

certification is not transferable. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Hlibok, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office at (800) 311–4381 (voice), 

(202) 418–0431 (TTY), or e-mail at 

Gregory.Hlibok@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document DA 08–1589, released July 3, 

2008 in CG Docket No. 03–123. The full 

text of document DA 08–1589 and 

copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

Document DA 08–1589 and copies of 

subsequently filed documents in this 

matter also may be purchased from the 

Commission’s duplicating contractor at 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Rules and Regulations 45355 

1These child restraints are recommended by their 

manufacturer for children weighing over 18 

kilograms (40 pounds (lb)) or whose height is 

greater than 1100 millimeters. 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554. 

Customers may contact the 

Commission’s duplicating contractor at 

its Web site http://www.bcpiweb.com or 

by calling 1–800–378–3160. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). Document DA 

08–1589 also can be downloaded in 

Word or Portable Document Format 

(PDF) at: http://www.fcc.gov/cgb/dro/ 

trs.html#orders. 

Synopsis 

There are several forms of TRS, 

including three that are Internet-based 

TRS: Video Relay Service (VRS), 

Internet Protocol (IP) Relay (IP Relay), 

and IP captioned telephone service (IP 

CTS). The Bureau has received requests 

for guidance concerning the 

transferability of Commission 

certification of Internet-based TRS 

providers as eligible for compensation 

from the Fund, pursuant to the provider 

certification rules contained in 47 CFR 

64.606 (as redesignated at 73 FR 21259, 

Apr. 21, 2008). The Bureau clarifies that 

such certification is not transferable. 

Therefore, in the event that an entity not 

certified pursuant to 47 CFR 64.606 

purchases, acquires, or merges with 

another TRS provider, the acquiring or 

surviving provider must be certified 

under 47 CFR 64.606 (or otherwise 

eligible for compensation from the 

Fund) before it can receive payments 

from the Fund. Because the Commission 

certifies providers based on the 

attestations of their owners or their 

representatives, who are ultimately 

responsible for compliance with the 

Commission’s rules, the certification of 

a provider does not automatically 

transfer to new owners. 

On the other hand, if an entity that is 

certified pursuant to 47 CFR 64.606 

purchases, acquires, or merges with 

another TRS provider, the acquiring or 

surviving provider need only notify the 

Commission of the change in its TRS 

program and provision of service within 

60 days pursuant to 47 CFR 64.606(f)(2). 

Under this rule, the acquiring or 

surviving company must notify the 

Commission of the changes to its 

program and provision of service that 

result from the acquisition and ‘‘must 

certify that the interstate TRS provider 

continues to meet federal minimum 

standards.’’ To meet the latter 

requirement, the provider may either 

certify that the responses provided in its 

initial certification application upon 

which the Commission based 

certification remain accurate, or 

describe any changes and certify their 

compliance with the Commission’s 

rules. 

Federal Communications Commission. 

Nicole McGinnis, 

Deputy Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. E8–17919 Filed 8–4–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. 08–0137] 

RIN 2127–AK36 

Federal Motor Vehicle Safety 

Standards, Child Restraint Systems 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends a 

provision in Federal Motor Vehicle 

Safety Standard (FMVSS) No. 213 that 

specifies that child restraints 

manufactured on or after August 1, 2008 

are tested by NHTSA with the Hybrid III 

version of the 6-year-old child dummy. 

NHTSA is postponing the August 1, 

2008 date to August 1, 2010. The August 

1, 2010 date provides NHTSA time to 

consider comments on seating 

procedures proposed earlier this year for 

the dummy and to complete an 

evaluation of technical issues relating to 

the use of the Hybrid III dummy in 

FMVSS No. 213, and provides the 

public more time to become 

experienced with testing with the 

dummy. As a result of this final rule, 

FMVSS No. 213 will permit, at the 

manufacturer’s option, the use of either 

the Hybrid II or Hybrid III 6-year-old 

dummy in compliance tests of child 

restraints manufactured on or before 

August 1, 2010. Child restraints 

manufactured on or after August 1, 2010 

will be tested with the Hybrid III 6-yearold child test dummy. 

DATES: If you wish to petition for 

reconsideration of this rule, your 

petition must be received by September 

19, 2008. 

Effective date: This final rule is 

effective August 5, 2008. 

ADDRESSES: If you wish to petition for 

reconsideration of this rule, you should 

refer in your petition to the docket 

number of this document and submit 

your petition to: Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., West Building, 

Washington, DC 20590. 

The petition will be placed in the 

docket. Anyone is able to search the 

electronic form of all documents 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, you may call Shashi 

Kuppa, PhD, Office of Rulemaking 

(Telephone: 202–366–1740) (Fax: 202–

493–2990). For legal issues, you may 

call Deirdre Fujita, Office of Chief 

Counsel (Telephone: 202–366–2992) 

(Fax: 202–366–3820). You may send 

mail to these officials at the National 

Highway Traffic Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: This final 

rule amends S7.1.3 of FMVSS No. 213 

to permit, at the manufacturer’s option, 

the use of either the Hybrid II or Hybrid 

III 6-year-old dummy in compliance 

tests of child restraints manufactured 

before August 1, 2010. A notice of 

proposed rulemaking preceding this 

final rule was published January 23, 

2008 (73 FR 3901, Docket No. 2007–

0048). 

Background 

On July 28, 2005, NHTSA issued an 

interim final rule (70 FR 44520) that 

amended a provision in FMVSS No. 213 

that had specified that child restraints 1

manufactured on or after August 1, 2005 

would be subject to compliance testing 

with a Hybrid III 6-year-old child test 

dummy (August 3, 2005, Docket No. 05–

22010). The Hybrid III 6-year-old child 

test dummy is specified in 49 CFR part 

572, subpart N. The agency had 

incorporated the Hybrid III test dummy 

in FMVSS No. 213 to replace its Hybrid 

II counterpart believing that the Hybrid 

III test dummy’s enhanced biofidelity 

and extensive instrumentation would 

lead to a more thorough and precise 

assessment of child restraint 

performance over that resulting from the 

Hybrid II dummy. However, a child 


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