33920 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations 

1As provided in § 149.2(b)(3), the ISF Importer 

must submit the container stuffing location and 

consolidator as early as possible and in any event 

no later than 24 hours prior to arrival in a U.S. port 

(or upon lading at the foreign port if that is later 

than 24 hours prior to arrival in a U.S. port). This 

flexibility regarding timing is explained on page 

71734 of the interim final rule. 

Hartsville, SC, Hartsville Regional, GPS RWY 

3, Orig-A, CANCELLED 

Hartsville, SC, Hartsville Regional, GPS RWY 

21, Orig-A, CANCELLED 

Hartsville, SC, Hartsville Regional, NDB 

RWY 3, Amdt 1 

Hartsville, SC, Hartsville Regional, NDB 

RWY 21, Amdt 1 

Hartsville, SC, Hartsville Regional, RNAV 

(GPS) RWY 3, Orig 

Hartsville, SC, Hartsville Regional, RNAV 

(GPS) RWY 21, Orig 

Vermillion, SD, Harold Davidson Field, NDB 

OR GPS RWY 30, Amdt 1A, CANCELLED 

Vermillion, SD, Harold Davidson Field, 

RNAV (GPS) RWY 30, Orig 

Vermillion, SD, Harold Davidson Field, 

Takeoff Minimums and Obstacle DP, Amdt 

1 

Watertown, SD, Watertown Rgnl, NDB RWY 

35, Amdt 9 

Watertown, SD, Watertown Rgnl, RNAV 

(GPS) RWY 30, Amdt 1 

Watertown, SD, Watertown Rgnl, RNAV 

(GPS) RWY 35, Orig 

Provo, UT, Provo Muni, ILS OR LOC/DME 

RWY 13, Amdt 1 

Provo, UT, Provo Muni, PROVO FOUR 

Graphic Obstacle DP 

Provo, UT, Provo Muni, RNAV (GPS) RWY 

13, Amdt 1 

Provo, UT, Provo Muni, VOR RWY 13, Amdt 

3A, CANCELLED 

Provo, UT, Provo Muni, VOR/DME RWY 13, 

Amdt 2 

Staunton/Waynesboro/Harrisonburg, VA, 

Shenandoah Valley Rgnl, GPS RWY 23, 

Orig, CANCELLED 

Staunton/Waynesboro/Harrisonburg, VA, 

Shenandoah Valley Rgnl, ILS OR LOC 

RWY 5, Amdt 9 

Staunton/Waynesboro/Harrisonburg, VA, 

Shenandoah Valley Rgnl, NDB RWY 5, 

Amdt 10 

Staunton/Waynesboro/Harrisonburg, VA, 

Shenandoah Valley Rgnl, RNAV (GPS) 

RWY 5, Orig 

Staunton/Waynesboro/Harrisonburg, VA, 

Shenandoah Valley Rgnl, RNAV (GPS) 

RWY 23, Orig 

Staunton/Waynesboro/Harrisonburg, VA, 

Shenandoah Valley Rgnl, SHENANDOAH 

ONE Graphic Obstacle DP 

Staunton/Waynesboro/Harrisonburg, VA, 

Shenandoah Valley Rgnl, Takeoff 

Minimums and Obstacle DP, Amdt 6 

Kenosha, WI, Kenosha Rgnl, ILS OR LOC 

RWY 7L, Amdt 3 

Kenosha, WI, Kenosha Rgnl, NDB OR GPS 

RWY 6L, Amdt 1C, CANCELLED 

Kenosha, WI, Kenosha Rgnl, RNAV (GPS) 

RWY 7L, Orig 

Kenosha, WI, Kenosha Rgnl, RNAV (GPS) 

RWY 15, Orig 

Kenosha, WI, Kenosha Rgnl, RNAV (GPS) 

RWY 25R, Orig 

Kenosha, WI, Kenosha Rgnl, RNAV (GPS) 

RWY 33, Orig 

Kenosha, WI, Kenosha Rgnl, Takeoff 

Minimums and Obstacle DP, Orig 

Kenosha, WI, Kenosha Rgnl, VOR RWY 15, 

Amdt 1 

Kenosha, WI, Kenosha Rgnl, VOR RWY 25R, 

Amdt 1 

Lewisburg, WV, Greenbrier Valley, GPS RWY 

4, Amdt 1A, CANCELLED 

Lewisburg, WV, Greenbrier Valley, GPS RWY 

22, Amdt 1A, CANCELLED 

Lewisburg, WV, Greenbrier Valley, ILS OR 

LOC RWY 4, Amdt 10 

Lewisburg, WV, Greenbrier Valley, RNAV 

(GPS) RWY 4, Orig 

Lewisburg, WV, Greenbrier Valley, RNAV 

(GPS) RWY 22, Orig 

Lewisburg, WV, Greenbrier Valley, Takeoff 

Minimums and Obstacle DP, Amdt 4 

Lewisburg, WV, Greenbrier Valley, VOR 

RWY 4, Amdt 1 

Lewisburg, WV, Greenbrier Valley, VOR 

RWY 22, Amdt 1 

[FR Doc. E9–16139 Filed 7–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

19 CFR Part 149 

[Docket Number USCBP–2007–0077] 

RIN 1651–AA70 

Importer Security Filing and Additional 

Carrier Requirements; Correction 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

correcting amendments to the interim 

final rule entitled ‘‘Importer Security 

Filing and Additional Carrier 

Requirements’’ published in the Federal 

Register on November 25, 2008. The 

interim final rule’s regulatory text was 

inadvertently silent regarding the time 

frame for transmitting an Importer 

Security Filing for shipments intended 

to be transported in-bond for immediate 

exportation or for transportation and 

exportation. This document also 

corrects two CBP Responses to two 

comments in the preamble text to align 

them with the regulatory text. One 

correction involves when a carrier’s 

obligation to transmit container status 

messages ends and the other concerns 

when an Importer Security Filing must 

be updated. 

DATES: This correction is effective on 

July 14, 2009. The compliance dates for 

the regulations are set forth in 19 CFR 

4.7c(d), 4.7d(f), and 149.2(g). 

FOR FURTHER INFORMATION CONTACT: 

Richard Di Nucci, Office of Field 

Operations, (202) 344–2513. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 25, 2008, Customs and 

Border Protection (CBP) published an 

interim final rule entitled ‘‘Importer 

Security Filing and Additional Carrier 

Requirements’’ in the Federal Register 

(73 FR 71730). Pursuant to that interim 

final rule, an Importer Security Filing 

(ISF) must be submitted for cargo 

arriving within the limits of a port in the 

United States by vessel prior to arrival 

of the cargo. Generally, with certain 

exceptions, the Importer Security Filing 

must be filed no later than 24 hours 

before the cargo to which the 

information relates is laden aboard a 

vessel at a foreign port. 

The interim rule added a new § 149.3 

to title 19 of the Code of Federal 

Regulations (CFR) specifying the 

required ISF data elements. Paragraph 

(a) specifies the ten required data 

elements for shipments intended to be 

entered into the United States and 

shipments intended to be delivered to a 

foreign trade zone: (1) Seller; (2) buyer; 

(3) Importer of record number/Foreign 

trade zone application identification 

number; (4) Consignee numbers(s); (5) 

Manufacturer (or supplier); (6) Ship to 

party; (7) Country of origin; (8) 

Commodity HTSUS number; (9) 

Container stuffing location; and (10) 

Consolidator (stuffer). Paragraph (b) 

specifies the five required data elements 

for shipments consisting entirely of 

foreign cargo remaining on board 

(FROB) and shipments intended to be 

transported in-bond as an immediate 

exportation (IE) or transportation and 

exportation (T&E): (1) Booking party; (2) 

Foreign port of unlading; (3) Place of 

delivery; (4) Ship to party; and (5) 

Commodity HTSUS number. 

The interim final rule also added a 

new § 149.2, which requires the 

Importer Security Filing and specifies 

the timing for such filing by data 

element. Paragraphs (b)(1), (2) and (3) 

specify the timing requirements for the 

ten ISF data elements required under 

§ 149.3(a) for shipments intended to be 

entered into the United States and for 

shipments intended to be delivered to a 

foreign trade zone. Except for two of the 

data elements for which flexibility 

regarding timing is provided (container 

stuffing location and consolidator) these 

data elements are required no later than 

24 hours before the cargo is laden 

aboard the vessel at the foreign port.1

Correction to Regulatory Text 

Paragraph (b) of § 149.2 provides the 

timing requirements for submitting the 


hsrobinson on PROD1PC76 with RULES
Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations 33921 

2Neither of these two data elements pertain to IE 

and T&E shipments. (Container stuffing location 

and consolidator are not required data elements for 

shipments of goods intended to be transported inbond as an IE or T&E). 3Unlike FROB, IE and T&E shipments are not 

frequently laden based on a last-minute decision by 

the carrier so it is not necessary to exclude IE and 

T&E shipments from the 24 hours prior to lading 

requirement. 

Importer Security Filing. Paragraph 

(b)(4) specifies the timing requirements 

for the five ISF data elements required 

under § 149.3(b) for foreign cargo 

remaining on board (FROB). This data 

must be provided prior to lading aboard 

the vessel at the foreign port. Paragraph 

(b) is silent as to when an ISF must be 

transmitted for the five ISF data 

elements required under § 149.3(b) for 

shipments intended to be transported 

in-bond for immediate exportation (IE) 

or for transportation and exportation 

(T&E). As explained below, this 

omission in the regulatory text was 

inadvertent. CBP’s intention that these 

data elements would be required no 

later than 24 hours before the cargo is 

laden aboard the vessel at the foreign 

port was set forth in the ISF notice of 

proposed rulemaking (NPRM), which 

was published in the Federal Register 

(73 FR 90) on January 2, 2008, and is 

consistent with what CBP set forth in 

the SUPPLEMENTARY INFORMATION section 

of the interim rule. 

In the proposed regulatory text 

contained in the NPRM published in the 

Federal Register on January 2, 2008, 

section 149.2(b) clearly states that ‘‘with 

the exception of any break bulk cargo 

pursuant to section 149.4(b) of this part 

and foreign cargo remaining on board 

(FROB), CBP must receive the Importer 

Security filing no later than 24 hours 

before the cargo is laden aboard the 

vessel at the foreign port. For FROB, 

CBP must receive the Importer Security 

Filing prior to lading aboard the vessel 

at the foreign port.’’ This clearly 

includes IE and T&E shipments. In the 

interim final rule, in an effort to 

accommodate concerns of the trade 

regarding the time of transmission for 

certain data elements, namely, container 

stuffing location and consolidator 

(stuffer) name and address, § 149.2(b) 

was changed to distinguish between the 

data elements that must be filed 24 

hours prior to lading and the two data 

elements that can be filed as early as 

possible, but not later than 24 hours 

prior to arrival in a United States port, 

i.e., container stuffing location and 

consolidator. When this change was 

made in the interim final rule, during 

the redrafting process, the timing 

requirement for filing the Importer 

Security Filing for IE and T&E 

shipments, i.e., 24 hours before the 

cargo is laden aboard the vessel at the 

foreign port, was inadvertently omitted 

from the regulatory text. 

The SUPPLEMENTARY INFORMATION

section of the interim final rule is 

consistent with CBP’s intention 

regarding the timing requirements for 

filing the ISF for IE and T&E shipments. 

The timing requirements for ISFs are 

described in the SUPPLEMENTARY

INFORMATION section of the interim rule 

on page 71733: ‘‘This interim final rule 

requires Importer Security Filing (ISF) 

Importers, as defined in these 

regulations, or their agents, to transmit 

an Importer Security Filing to CBP, for 

cargo other than foreign cargo remaining 

on board (FROB), no later than 24 hours 

before cargo is laden aboard a vessel 

destined to the United States. See the 

‘Structured Review and Flexible 

Enforcement Period’ section of this 

document for flexibilities related to 

timing for certain Importer Security 

Filing elements. Because FROB is 

frequently laden based on a last-minute 

decision by the carrier, the Importer 

Security Filing for FROB is required any 

time prior to lading.’’ 

Although there is no specific 

discussion in the SUPPLEMENTARY

INFORMATION section or elsewhere in the 

interim final rule about the timing 

requirements for transmitting ISF data 

elements for IE and T&E shipments, the 

above statement makes it clear that CBP 

intended that all ISF data elements 

would be required no later than 24 

hours before cargo is laden aboard a 

vessel destined to the United States 

except for the data elements covered by 

the flexibilities for timing (container 

stuffing location and consolidator) 2 and 

for FROB.3

Accordingly, this document corrects 

the inadvertent omission in the 

regulatory text by adding a new 

paragraph (b)(5) to § 149.2 to clarify, 

consistent with the NPRM and the 

preamble language of the IFR, that 

Importer Security Filings for shipments 

intended to be transported in-bond as 

IEs and T&Es must be transmitted no 

later than 24 hours before the cargo is 

laden aboard a vessel destined to the 

United States. 

Other Corrections 

This document also corrects CBP 

Responses to two comments to align the 

responses to the regulatory text. On page 

71741, in response to a comment about 

the carrier’s responsibilities regarding 

the transmission of container status 

messages (CSMs), CBP stated in 

pertinent part that ‘‘the carrier’s 

obligation to transmit CSMs ends upon 

discharge of the cargo in the United 

States * * *.’’ This statement is 

incorrect. Paragraph (b) of the new 

§ 4.7d lists the events that must be 

reported if the carrier creates or collects 

a CSM in its equipment tracking system. 

Each of the listed events applies when 

a container is destined to arrive within 

the limits of a port in the United States. 

Therefore, CSMs are only required for 

events that occur prior to first arrival of 

the goods at a United States port. 

Accordingly, this document modifies 

the response in the preamble text to 

clarify, consistent with the regulatory 

text, that CSMs are required for events 

that occur prior to first arrival of goods 

at a United States port. 

On page 71753, in response to a 

comment about the obligation to amend 

the ISF, CBP stated that ‘‘for goods 

which will be unladen in the United 

States, the Importer Security Filing must 

be updated if there is a change before 

the goods enter the port of discharge’’. 

This statement is inconsistent with the 

new § 149.2 which provides in pertinent 

part that: ‘‘the party who submitted the 

Importer Security Filing * * * must 

update the filing if, after the filing and 

before the goods enter the limits of a 

port in the United States, any of the 

information submitted changes or more 

accurate information becomes 

available.’’ Accordingly, this document 

modifies the response to clarify, 

consistent with the regulatory text, that 

the Importer Security Filing must be 

updated if there is a change before the 

goods enter the limits of the first port of 

arrival in the United States and to 

clarify that amendments to the ISF will 

be accepted at any time after the goods 

arrive in a port of the United States. 

II. Corrections 

In FR Doc. E8–27048 appearing on 

page 71730 in the Federal Register on 

Tuesday, November 25, 2008, the 

following corrections are made: 

D. Public Comments: Container Status 

Messages [Corrected] 

1. On page 71741, the first CBP 

Response in the second column, correct 

the CBP Response to read as follows: 

‘‘Vessel operating carriers are required to 

submit CSMs. If a carrier currently does not 

create or collect CSMs in an equipment 

tracking system, the carrier is not required to 

submit CSMs to CBP. If a carrier does create 

or collect CSMs, the carrier is obligated to 

transmit CSMs for events that occur prior to 

the first arrival of the cargo at a port in the 

United States. However, a carrier may 

transmit other CSMs in addition to those 

required by these regulations. By transmitting 

additional CSMs, the carrier authorizes CBP 

to access and use those data. In order to 

minimize the cost to carriers whose volume 

of business does not justify the creation of 

CSMs, CBP is declining to impose an 


hsrobinson on PROD1PC76 with RULES
33922 Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Rules and Regulations 

obligation upon carriers to create or collect 

any CSM data pursuant to this rule.’’ 

H. Public Comments: Update and 

Withdrawal of Importer Security Filing 

[Corrected] 

2. On page 71753, the third CBP 

Response in the first column, correct the 

CBP Response to read as follows: 

‘‘The Importer Security Filing must be 

amended if there is a change before the 

goods enter the limits of a port in the 

United States. ‘‘Port’’ refers to the first 

port of arrival in the United States. 

However, amendments to the Importer 

Security Filing will be accepted at any 

time after the goods arrive in a port in 

the United States.’’ 

List of Subjects in 19 CFR Part 149 

Arrival, Declarations, Customs duties 

and inspection, Freight, Importers, 

Imports, Merchandise, Reporting and 

recordkeeping requirements, Shipping, 

Vessels. 

■ In addition, the Bureau of Customs 

and Border Protection makes the 

following correcting amendment to 19 

CFR part 149: 

PART 149—IMPORTER SECURITY 

FILING 

■ 1. The authority citation for part 149 

continues to read as follows: 

Authority: 5 U.S.C. 301; 6 U.S.C. 943; 19 

U.S.C. 66, 1624, 2071 note. 

■ 2. In § 149.2, a new paragraph (b)(5) is 

added to read as follows: 

§ 149.2 Importer security filing— 

requirement, time of transmission, 

verification of information, update, 

withdrawal, compliance date. 

* * * * * 

(b) * * * 

(5) The data elements required under 

§ 149.3(b) of this part for shipments 

intended to be transported in-bond as an 

immediate exportation (IE) or 

transportation and exportation (T&E), no 

later than 24 hours before cargo is laden 

aboard the vessel at the foreign port. 

* * * * * 

Dated: July 8, 2009. 

Jayson P. Ahern, 

Acting Commissioner. 

[FR Doc. E9–16539 Filed 7–13–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0597] 

Safety Zones: Annual Events 

Requiring Safety Zones in the Captain 

of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

certain safety zones for annual fireworks 

displays in the Captain of the Port 

Buffalo Zone. This action is necessary 

for the safety of life and property on 

navigable waters during these events. 

During the enforcement period, no 

person or vessel may enter the safety 

zones without the permission of the 

Captain of the Port Buffalo. 

DATES: The regulations in 33 CFR 

165.939(a)(1) through (4), (6) through 

(9), (11), (13), and (14) will be enforced 

from July 3, 2009 through July 26, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail LT Brian Sadler, Waterways 

Management Division Chief, Coast 

Guard Sector Buffalo, 1 Fuhrmann 

Blvd., Buffalo, NY 14203; telephone 

716–843–9573, e-mail 

Brian.L.Sadler@USCG.Mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the following safety 

zones described in 33 CFR 165.939: 

1. Boldt Castle 4th of July Fireworks 

on the St. Lawrence River, Heart Island, 

NY in 33 CFR 165.939(a)(1) on July 5, 

2009 from 9 p.m. to 10 p.m. 

2. Clayton Chamber of Commerce 

Fireworks on the St. Lawrence River, 

Clayton, NY in 33 CFR 165.939(a)(2) on 

July 3, 2009 from 10 p.m. to 11 p.m. 

3. French Festival Fireworks on the 

St. Lawrence River, Cape Vincent, NY in 

33 CFR 165.939(a)(3) on July 11, 2009 

from 9:30 p.m. to 10:30 p.m. 

4. Brewerton Fireworks on Oneida 

River near Lake Ontario, Brewerton, NY 

in 33 CFR 165.939(a)(4) on July 3, 2009 

from 9:30 p.m. to 10 p.m. 

5. Island Festival Fireworks Display 

on the Seneca River, Baldwinsville, NY 

in 33 CFR 165.939(a)(6) on July 4, 2009 

from 9:45 p.m. to 10:30 p.m. 

6. Seneca River Days on the Seneca 

River, Baldwinsville, NY in 33 CFR 

165.939(a)(7) on July 10, 2009 from 9:30 

p.m. to 10:30 p.m. 

7. Oswego Harborfest on Lake 

Ontario, Oswego, NY in 33 CFR 

165.939(a)(8) on July 25, 2009 from 9 

p.m. to 10 p.m. 

8. Village Fireworks on Sodus Bay, 

Sodus Point, NY in 33 CFR 

165.939(a)(9) on July 3, 2009 from 10 

p.m. to 11 p.m. 

9. Tom Graves Memorial Fireworks on 

Port Bay, Wolcott, NY in 33 CFR 

165.939(a)(11) on July 3, 2009 from 10 

p.m. to 10:30 p.m. 

10. North Tonawanda Fireworks 

Display on the East Niagara River, North 

Tonawanda, NY in 33 CFR 

165.939(a)(13) on July 4, 2009 from 9:15 

p.m. to 9:45 p.m. 

11. Tonawanda’s Canal Fest 

Fireworks on the East Niagara River, 

Tonawanda, NY in 33 CFR 

165.939(a)(14) on July 26, 2009 from 

9:30 p.m. to 10 p.m. 

These regulations can also be found in 

the May 19, 2008 issue of the Federal 

Register (73 FR 28704). 

Under the provisions of 33 CFR 

165.23, entry into, transiting, or 

anchoring within these safety zones is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated representative. Vessels that 

wish to transit through the any of these 

safety zones may request permission 

from the Captain of the Port Buffalo. 

Requests must be made in advance and 

approved by the Captain of Port before 

transits will be authorized. Approvals 

will be granted on a case by case basis. 

The Captain of the Port may be 

contacted via U.S. Coast Guard Sector 

Buffalo on channel 16, VHF–FM. The 

Coast Guard will give notice to the 

public via a Broadcast to Mariners that 

the regulation is in effect. 

This notice is issued under authority 

of 33 CFR 165.939 and 5 U.S.C. 552(a). 

If the District Commander, Captain of 

the Port, or other official authorized to 

do so, determines that the regulated area 

need not be enforced for the full 

duration stated in this notice, he or she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

safety zone. 

Dated: July 2, 2009. 

R.S. Burchell, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. E9–16682 Filed 7–13–09; 8:45 am] 

BILLING CODE 4910–15–P 


hsrobinson on PROD1PC76 with RULES