Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 50523 

impose significant costs on the siting, 

permitting, production, utilization, 

transmission, or delivery of energy 

resources and therefore they will not 

materially burden the production or use 

of domestic energy resources. 

Dated: October 25, 2017. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2017–23722 Filed 10–31–17; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 24 and 111 

[USCBP–2017–0025; CBP Dec. 17–16] 

RIN 1515–AE25 

Procedures To Adjust Customs 

COBRA User Fees To Reflect Inflation 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule, with changes, the 

amendments proposed to the U.S. 

Customs and Border Protection (CBP) 

regulations to reflect that customs user 

fees and limitations established by the 

Consolidated Omnibus Budget 

Reconciliation Act (COBRA) will be 

adjusted for inflation in accordance 

with the Fixing America’s Surface 

Transportation Act (FAST Act). 

DATES: Effective November 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Ingalls, Director—Revenue 

Division, 317–298–1107, bruce.ingalls@

cbp.dhs.gov; or Tina Ghiladi, Director— 

Fee Strategy, Communications, and 

Integration, 202–344–3722, 

tina.ghiladi@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 4, 2015, the Fixing 

America’s Surface Transportation Act 

(FAST Act, Pub. L. 114–94) was signed 

into law. Section 32201 of the FAST Act 

amends section 13031 of the 

Consolidated Omnibus Budget 

Reconciliation Act (COBRA) of 1985 (19 

U.S.C. 58c) by requiring certain customs 

COBRA user fees and corresponding 

limitations to be adjusted by the 

Secretary of the Treasury (Secretary) to 

reflect certain increases in inflation. The 

specific fees and corresponding 

limitations to be adjusted for inflation 

are set forth in Appendix A and 

Appendix B of part 24 in this final rule 

and include the commercial vessel 

arrival fees, commercial truck arrival 

fees, railroad car arrival fees, private 

vessel arrival fees, private aircraft 

arrival fees, commercial aircraft and 

vessel passenger arrival fees, dutiable 

mail fees, customs broker permit user 

fees, barges and other bulk carriers 

arrival fees, and merchandise processing 

fees as well as the corresponding 

limitations. (19 U.S.C. 58c(a) and (b)). 

Further, the FAST Act includes a 

particular measure of inflation for these 

purposes and special rules when 

considering adjustments. 

According to the FAST Act, the 

customs COBRA user fees and 

limitations were to be adjusted on April 

1, 2016, and at the beginning of each 

fiscal year to reflect the percent increase 

(if any) in the Consumer Price Index 

(CPI) for the preceding 12-month period 

compared to the CPI for fiscal year 2014. 

The statute permits the Secretary to 

ignore any CPI increase of less than one 

(1) percent from the time of the previous 

adjustment. As a result, if the increase 

in the CPI since the previous adjustment 

is less than one (1) percent, the 

Secretary has discretion to determine 

whether the fees should be adjusted. 

On June 15, 2016, CBP published a 

notice in the Customs Bulletin 

announcing the April 2016 

determination that no adjustment to the 

customs COBRA user fees and 

limitations was necessary based on the 

FAST Act provision as the increase of 

the CPI was less than one (1) percent. 

(Customs Bulletin, Vol. 50, No. 24, p. 

13). CBP published a second notice in 

the Customs Bulletin on December 7, 

2016, announcing that, based on a less 

than one (1) percent increase in 

inflation, no adjustment was necessary 

for fiscal year 2017. (Customs Bulletin 

Vol. 50, No. 49, p. 4). 

Proposed Rule 

On July 17, 2017, CBP published a 

notice of proposed rulemaking (NPRM) 

in the Federal Register (82 FR 32661) 

proposing to amend title 19 of the Code 

of Federal Regulations (19 CFR) to set 

forth the methodology for determining 

the required adjustments. The FAST Act 

specifies that the customs COBRA user 

fees and corresponding limitations 

should be adjusted to reflect the 

percentage of the increase (if any) in the 

average of the CPI for the preceding 12- 

month period compared to the CPI for 

fiscal year 2014. CBP determined that 

the 12-month period for comparison 

will be June through May. This 

timeframe was proposed to allow for 

sufficient notice to the public of any 

adjustments prior to any changes 

becoming effective for each fiscal year. 

The FAST Act further requires the 

Secretary to round the amount of any 

increase in the CPI to the nearest dollar. 

The rounding requirement applies to the 

difference in the CPI from the 

comparison year to the current year 

when determining whether an 

adjustment is necessary. As written, the 

rounding requirement does not apply to 

the fee amount resulting from any 

adjustment. As noted above, if the 

difference in the CPI since the last 

adjustment is less than one (1) percent, 

the Secretary may elect not to adjust the 

fees and limitations. The statute 

requires CBP to use the Consumer Price 

Index—All Urban Consumers, U.S. All 

items, 1982–84 (CPI–U) which can be 

found on the U.S. Department of Labor, 

Bureau of Labor Statistics Web site: 

www.bls.gov/cpi/. The proposed rule 

provided that CBP’s Office of Finance 

will determine annually whether an 

adjustment to the fees and limitations is 

necessary and a notice specifying the 

amount of the fees and limitations will 

be published in the Federal Register for 

each fiscal year at least 30 days prior to 

the effective date of the new fees and 

limitations. 

Technical Corrections 

In addition, CBP proposed technical 

updates to paragraph (g) of 19 CFR 24.22 

to reflect the elimination of the user fee 

exemption for passengers arriving from 

Canada, Mexico or one of the adjacent 

islands pursuant to the United States— 

Colombia Trade Promotion Agreement 

Implementation Act. (Colombia TPA, 

Pub. L. 112–42, October 21, 2011). 

Section 601 of the Colombia TPA 

amended 19 U.S.C. 58c(b)(1)(A)(i) to 

limit the fee exemption exclusively to 

passengers whose journey originated in 

a territory or possession of the United 

States, or originated in the United States 

and was limited to the territories and 

possessions of the United States. (19 

U.S.C. 58c(b)(1)(A)(i)). Since the law 

became effective on November 5, 

2011,CBP has been collecting only the 

non-exempt user fees. In accordance 

with the statute, CBP is removing the 

exemption for passengers arriving from 

Canada, Mexico, or one of the adjacent 

islands, from the regulations found in 

paragraphs (g)(1)(i), (g)(1)(i)(A), 

(g)(1)(i)(B), (g)(1)(ii), (g)(1)(iii), (g)(2)(i), 

the chart in paragraph (g)(2)(iv), and the 

collection procedures in paragraphs 

(g)(4)(ii)(A), (g)(4)(ii)(B), (g)(4)(ii)(C), 

(g)(4)(iii)(A), (g)(4)(iii)(B), and 

(g)(4)(iii)(C). (19 CFR 24.22(g)). CBP is 

also removing the definition of 

‘‘adjacent islands’’ from paragraph 


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50524 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 

(g)(1)(iii) as references to adjacent 

islands have been removed from 

paragraph (g). (19 CFR 24.22(g)). 

Additionally, CBP is amending 

paragraph (g)(2)(iii) to clarify that 

journeys between ports in the United 

States are not subject to the fee. (19 CFR 

24.22(g)(2)(iii)). 

Upon further review, CBP determined 

that certain technical corrections that 

were proposed needed further 

clarification. 

Specifically, CBP has determined that 

paragraph (g)(1)(i) needs to be revised to 

more clearly identify when a fee is 

charged based on the arrival of a 

passenger aboard a commercial vessel or 

aircraft from one of the territories or 

possessions of the United States. 

Paragraph (g)(1)(i) is re-organized for 

clarity to provide for the three 

exceptions to the general rule stated in 

paragraph (g)(1)(i). 

In paragraph (g)(1)(ii), CBP has 

determined that its proposed wording 

was incorrect. Instead, CBP is retaining 

current paragraph (g)(1)(ii) with 

revisions to remove the references to 

Canada, Mexico and the adjacent 

islands and adding the phrase that the 

fee amount is subject to adjustment by 

the terms of paragraph (k) of this 

section. 

Further, the user fee chart in 

paragraph (g)(2) is intended as a tool to 

assist readers understand the 

application of the fee structure laid out 

in 19 U.S.C. 58c and 19 CFR 24.22(g)(1). 

The chart as proposed in the NPRM 

contained two errors and did not 

accurately reflect the existing statutory 

and regulatory rules. The chart is being 

amended to reflect ‘‘No fee’’ for aircraft 

arriving from a specified location 

regardless of where the journey 

originates. Additionally, the chart found 

in paragraph (g)(2) is corrected as the 

fees for vessels arriving from a specified 

location with a journey either 

originating in a place other than a 

specified location or the United States, 

or originating in the United States 

including travel to at least one place 

other than a Specified Location, were 

mistakenly changed from $1.93 to $5.50. 

These two fees will remain at $1.93 but 

will include the amendments adding the 

reference to paragraph (k). 

In paragraph (g)(4)(ii)(A), the words 

‘‘in and arrives’’ are no longer being 

removed because they are necessary to 

prevent charging for passengers whose 

journey may not have originated from a 

territory or possession of the United 

States but who are arriving from a 

territory or possession. Paragraph 

(g)(4)(ii)(B) is amended for greater 

clarity and accuracy by replacing the 

phrase at the end of the proposed text, 

‘‘outside the United States’’ with ‘‘other 

than the territories and possessions of 

the United States.’’ This also makes the 

language consistent with that found in 

the following paragraph (g)(4)(ii)(C). 

Paragraph (g)(4)(ii)(C) is also amended 

for clarity by replacing the proposed 

phrase ‘‘outside the United States, 

unless that passenger’s journey 

originated’’ with ‘‘other than one of the 

territories or possessions of the United 

States, is processed by CBP, and the 

journey does not originate.’’ 

In paragraph (g)(4)(iii)(A), the word 

‘‘from’’ after the words ‘‘the customs 

territory of the United States’’ is 

retained and the proposed new phrase 

‘‘that originated in’’ will not be 

included. This retains the existing 

regulatory text while removing the 

references to Canada, Mexico and the 

adjacent islands. Similar changes are 

made to paragraph (g)(4)(iii)(B), so that 

the existing regulatory text is retained 

and only the references to Canada, 

Mexico and the adjacent islands are 

removed. 

In paragraph (g)(4)(iii)(C), CBP will 

not adopt the proposed new text 

reading, ‘‘a place outside the United 

States and that passenger’s journey 

originated in’’ and will instead retain 

the existing regulatory text while 

removing the references to Canada and 

Mexico or adjacent islands. 

Finally, in the chart found in new 

Appendix A to Part 24, the description 

of the Commercial Vessel Passenger 

Arrival Fee is amended by removing the 

references to Canada and Mexico or 

adjacent islands from the parenthetical. 

The notice of proposed rulemaking 

requested public comments. The public 

comment period closed on August 16, 

2017, and five comments were received. 

Discussion of Comments 

Five comments were received in 

response to the notice of proposed 

rulemaking. 

Comment: Two commenters requested 

additional notice time beyond the 30 

days proposed stating that 30 days 

notice would be insufficient to make the 

necessary internal operational 

adjustments. 

CBP Response: In response to the 

commenters’ concern over the amount 

of time necessary to operationally 

prepare for adjusted fees, CBP will 

increase the notice time from 30 days to 

60 days in the final rule. 

Comment: One commenter questioned 

a step in CBP’s methodology for 

calculating the inflation adjustment, 

specifically, that the agency proposed to 

round the difference between the CPI for 

the current year and the CPI for the 

comparison year. The commenter 

disagrees with CBP’s methodology 

because 19 U.S.C. 58c(l)(2)(A) directs 

the Secretary to ‘‘round the amount of 

any increase in the Consumer Price 

Index to the nearest dollar[.]’’ According 

to the commenter, CBP’s methodology is 

incorrect because the CPI is not 

expressed in dollars. As a result, the 

commenter concludes that Congress 

must have intended for the actual fee 

and limitation amounts to be rounded to 

the nearest dollar instead. 

CBP Response: CBP disagrees. 

Congress makes its intent known 

through the statutory text and here 

expressly instructed the Secretary to 

round the amount of any increase in the 

Consumer Price Index to the nearest 

dollar. See 19 U.S.C. 58c(l)(2)(A). 

Moreover, the statute clearly states that 

the Secretary may ignore any such 

increase of less than 1 percent. See 19 

U.S.C. 58c(l)(2)(B). ‘‘Such increase’’ 

plainly refers to the increase in the CPI 

referenced in the sentence above. There 

is nothing in the statute that explicitly 

states that Congress intended for the 

actual fee and limitation amounts to be 

rounded. More broadly, throughout the 

statute, the terms ‘‘fees and limitations’’ 

and ‘‘CPI’’ are used in different 

locations, which ordinarily means that 

they are to be given distinct meanings 

and are not interchangeable terms. 

In addition, the overarching intent of 

this statutory provision was to keep the 

COBRA fee and limitation amounts 

consistent with inflation. Rounding the 

fees and limitations to the nearest whole 

dollar amount would in some cases 

result in fee and limitation amounts that 

would far exceed the pace of inflation. 

Lastly, while CBP acknowledges that 

the CPI is typically expressed as an 

index number rather than a dollar 

amount, as the CPI measures changes in 

prices, it is closely related to dollars and 

the Bureau of Labor Statistics has 

published materials explaining how to 

interpret the CPI in dollars. See, e.g., 

United States Department of Labor, 

Bureau of Labor Statistics, BLS 

Handbook of Methods, Chapter 17, CPI 

Publication, Indexes, available at 

https://www.bls.gov/opub/hom/pdf/ 

homch17.pdf (last visited August 18, 

2017) (explaining that, in the case of an 

increase in the CPI from 100 to 233.596, 

‘‘[o]ne interpretation of this is that a 

representative set of consumer items 

that cost $100 in 1982–84 would have 

cost $233.60 in July 2013.’’); United 

States Department of Labor, Bureau of 

Labor Statistics, Consumer Price 

Index—July 2017, Technical Note, 

available at https://www.bls.gov/ 

news.release/archives/cpi_08112017.pdf 

(last visited August 18, 2017) 

(explaining that an increase in the CPI 


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Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 50525 

from 100 to 107 ‘‘can also be expressed 

as the price of a base period market 

basket of goods and services rising from 

$100 to $107’’). 

Therefore, consistent with basic tenets 

of statutory interpretation, CBP’s 

reading as articulated in the NPRM 

gives meaning to the plain language of 

the text. As Congress chose not to direct 

CBP to round the fees, but rather to 

round the CPI, and since the CPI is 

closely related to dollars, CBP believes 

that this interpretation is the best way 

to give meaning to the text as written. 

There is no need to render irrelevant 

Congress’s explicit direction to round 

the difference in the CPI and to express 

such a difference in dollars, as urged by 

the commenter. 

Finally, while CBP believes that the 

language of the FAST Act pertaining to 

rounding does not apply to the fee 

amounts, CBP has determined that it has 

separate authority to adjust the fee 

amount in the unique situation of the 

commercial truck fee for efficient 

processing purposes for both the public 

and the agency. The statute requires 

only that the fee and limitation amounts 

be adjusted ‘‘to reflect’’ the percentage 

change in inflation. The ordinary 

meaning of the word reflect is to 

‘‘[e]mbody or represent (something) in a 

faithful or appropriate way.’’ See 

Reflect, Oxford Dictionaries, https://

en.oxforddictionaries.com/definition/ 

reflect (Last visited October 2, 2017). 

Unlike nearly all of the other instances 

where COBRA user fees are collected, 

the commercial truck fee is regularly 

paid in cash at an inspection booth. 

Cash collection at the port of entry is a 

manual, burdensome, and timeconsuming process. Making change in 

pennies, given the enormous amount of 

cash user fee payments made daily at 

the land border primary inspection 

booth, would dramatically slow down 

the clearance of vehicles and increase 

fuel costs and carbon emissions as a 

result of idling in long lines. 

Accordingly, CBP has determined that 

this fee set forth in paragraph (c) of 

§ 24.22 will be adjusted to the nearest 

lower nickel ($0.05). (19 CFR 24.22(c)). 

Commercial truck fees adjusted to the 

nearest lower nickel therefore still 

appropriately reflect the change in 

inflation as required by the statute but 

also alleviate the hardship of making 

change in pennies at the primary 

inspection booth and allow for faster 

processing and clearance of commercial 

trucks. 

Comment: One commenter noted that 

the Bureau of Labor Statistics (BLS) may 

revise the CPI–U figures periodically. As 

such, stating a definite figure in the CBP 

regulations may result in an incorrect 

calculation if the CPI–U for FY14 is 

subsequently adjusted. The commenter 

suggested replacing the numeric figure 

with a reference to the arithmetic 

average of the CPI–U for FY14. 

CBP Response: CBP agrees and will 

make the suggested change to paragraph 

(k)(2)(ii) of § 24.22 in the final rule. (19 

CFR 24.22(k)). 

Comment: Two commenters requested 

that CBP reconsider the index used to 

measure the change in inflation. Both 

suggested that CBP use the ‘‘All items 

less food and energy’’ index as opposed 

to the CPI–U. The basis for their 

suggestion is that food and energy prices 

are relatively volatile and that the index 

excluding them represents the ‘‘core’’ or 

‘‘underlying’’ rate of inflation and better 

reflects the costs of business 

administration activities. 

CBP Response: CBP agrees that the 

commenters’ suggested measure of 

inflation would lead to less volatility in 

fee amounts. However, the statutory 

language specifically requires that we 

use the CPI–U, so we are not able to 

revise the methodology according to the 

commenters’ suggestion. 

Comment: Two commenters viewed 

the proposal as an opportunity to 

correct what they view as the double 

assessment of processing fees when 

express consignment carrier and 

centralized hub facilities are used. Both 

acknowledged that the language at issue 

found in § 24.23(b)(4)(i) of the CBP 

Regulations (19 CFR 24.23) is only 

revised to reflect the addition of the 

reference to new paragraph (k); 

however, they argue that assessing the 

$1 express consignment carrier and 

centralized hub facilities fee adjusted by 

inflation for formal entries amounts to 

double assessment of the merchandise 

processing fee. They state that if a 

formal entry is presented to CBP, the $1 

express consignment carrier and 

centralized hub facilities fee should not 

be assessed as the importer will pay the 

appropriate MPF with the entry 

summary as required and that paying 

the $1 express consignment carrier and 

centralized hub facilities fee and the ad 

valorem MPF assesses the same fee 

twice on a single entry. 

CBP Response: The fee set forth in 

paragraph 24.23(b)(4)(i) of section 24 is 

required by statute. (19 U.S.C. 

58c(b)(9)(A)(ii)). Any changes to the fees 

themselves are beyond the scope of this 

rulemaking. 

Conclusion 

Based on the comments received and 

further review of the proposed technical 

corrections, CBP has decided to adopt as 

final the proposed amendments 

published in the Federal Register (82 

FR 32661) on July 17, 2017, with the 

following three changes as well as the 

changes to the proposed technical 

changes discussed above. Specifically, 

in the introductory paragraphs to 

§§ 24.22 and 24.23 (19 CFR 24.22 and 

24.23) and in paragraph (k)(1) of § 24.22 

(19 CFR 24.22(k)(1)), CBP extended the 

timeframe for publishing notice 

specifying the amount of the fees and 

limitations from at least 30 days prior to 

the effective date to at least 60 days 

prior to the effective date of the new 

fees and limitations. Second, in 

paragraph (k)(2)(ii) of § 24.22, CBP 

removed the figure 236.009, stated to be 

the arithmethic average of the CPI–U for 

FY 2014 and replaced it with an 

instruction to calculate the arithmethic 

average of the CPI–U for FY 2014. 

Finally, in paragraph (c)(1) of § 24.22, 

CBP inserted language to adjust the fee 

for commercial trucks down to the 

nearest lower $0.05 in order to 

minimize the burden of making change 

in the primary inspection booth at the 

port of entry. 

Announcement of Adjusted Fees 

In accordance with this final rule, 

CBP is also publishing a separate notice 

in the Federal Register announcing the 

customs COBRA user fees and 

limitations as adjusted for fiscal year 

2018. 

Inapplicability of Delayed Effective 

Date 

Section 553(d) of the Administrative 

Procedure Act (APA) generally provides 

that a rule may not take effect earlier 

than thirty (30) days after it is published 

in the Federal Register. One of the 

exceptions from this general rule is 

when there is good cause to make the 

rule effective sooner. As this rule 

provides that CBP will publish a 

separate notice in the Federal Register 

providing 60 days-notice before 

inflation adjustments to the fees 

required by the FAST Act are imposed, 

there is a self-contained delayed 

effective date within the rule. 

Accordingly, CBP finds good cause in 

accordance with 5 U.S.C. 553(d)(3) to 

waive the 30-day delayed effective date 

requirement for the rule. 

Executive Orders 12866, 13563 and 

13771 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 


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50526 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This final 

rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, the Office of Management 

and Budget (OMB) has not reviewed this 

rule. This rule is not an Executive Order 

13771 regulatory action because this 

rule is not significant under Executive 

Order 12866. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996, requires 

agencies to assess the impact of 

regulations 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 notfor-profit organization; or a small 

governmental jurisdiction (locality with 

fewer than 50,000 people). 

This rule will affect a combination of 

individuals and businesses. While most 

of the businesses that pay the customs 

COBRA user fees are large corporations, 

the rule affects all businesses that pay 

these fees, so this rule will affect a 

substantial number of small entities. 

However, the impact will be small and 

in line with inflation; for example, with 

the current inflation since the base year, 

the commercial truck fee will increase 

by 15 cents. Therefore, CBP certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. 3507) an agency may not 

conduct, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid control number 

assigned by OMB. This rule does not 

involve any collection of information. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1) 

pertaining to the Secretary of the 

Treasury’s authority (or that of his 

delegate) to approve regulations related 

to certain customs revenue functions. 

List of Subjects 

19 CFR Part 24 

Accounting, Claims, Customs duties 

and inspection, Harbors, Reporting and 

recordkeeping requirements, Taxes. 

19 CFR Part 111 

Administrative practice and 

procedure, Brokers, Customs duties and 

inspection, Penalties, Reporting and 

recordkeeping requirements 

Amendments to the CBP Regulations 

For the reasons stated above, parts 24 

and 111 of title 19 of the Code of 

Federal Regulations (19 CFR parts 24 

and 111) are amended as set forth 

below. 

PART 24—CUSTOMS FINANCIAL AND 

ACCOUNTING PROCEDURE 

■ 1. The general authority citation for 

part 24 continues to read as follows, the 

specific authority citation for § 24.22 is 

added, and the specific authority 

citation for § 24.23 is revised to read as 

follows 

Authority: 5 U.S.C. 301; 19 U.S.C. 58a– 

58c, 66, 1202 (General Note 3(i), Harmonized 

Tariff Schedule of the United States), 1505, 

1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 

3717, 9701; Pub. L. 107–296, 116 Stat. 2135 

(6 U.S.C. 1 et seq.). 

* * * * * 

Section 24.22 also issued under Sec. 892, 

Pub. L. 108–357, 118 Stat. 1418 (19 U.S.C. 

58c); Sec. 32201, Pub. L. 114–94, 129 Stat. 

1312 (19 U.S.C. 58c). 

Section 24.23 also issued under 19 U.S.C. 

3332; Sec. 892, Pub. L. 108–357, 118 Stat. 

1418 (19 U.S.C. 58c); Sec. 32201, Pub. L. 

114–94, 129 Stat. 1312 (19 U.S.C. 58c). 

* * * * * 

■ 2. In § 24.22: 

■ a. Add introductory introductory text; 

■ b. Paragraph (b)(1)(i) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words 

‘‘amount of $437’’; 

■ c. Paragraph (b)(1)(ii) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words 

‘‘total of $5,955 in fees’’; 

■ d. Paragraph (b)(2)(i) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words ‘‘fee 

of $110’’; 

■ e. Paragraph (b)(2)(ii) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words 

‘‘$1,500 in fees’’; 

■ f. Paragraphs (c)(1) and (2) are revised; 

■ g. Paragraph (c)(3) is amended by 

adding the words ‘‘of the $100 CBP fee, 

as adjusted in accordance with the 

terms of paragraph (k) of this section, 

and the APHIS/AQI fee set forth in 7 

CFR 354.3’’ between the words 

‘‘Prepayment’’ and ‘‘must be made’’ in 

the second sentence; 

■ h. Paragraph (d)(1) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words ‘‘fee 

of $8.25’’; 

■ i. Paragraph (d)(2) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words 

‘‘prepayment of $100’’; and 

■ j. Paragraph (d)(3) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words ‘‘fee 

of $100’’; 

■ k. Paragraph (e)(1) is amended by 

adding the words, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words 

‘‘sum of $27.50; and 

■ l. Paragraph (e)(2) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section’’ to the end of the first 

sentence after the word ‘‘section’’; 

■ m. Paragraph (f) is amended by adding 

the words ‘‘, as adjusted in accordance 

with the terms of paragraph (k) of this 

section’’ after the words ‘‘amount of 

$5.50’’; 

■ n. Paragraph (g)(1)(i) through (iii) are 

revised; 

■ o. Paragraph (g)(2)(i) is amended by 

removing the text ‘‘Canada, Mexico, 

any’’ between the words ‘‘means’’ and 

‘‘territories’’, and removing the text ‘‘, 

and any adjacent islands’’ after the 

words ‘‘United States’’; 

■ p. Paragraph (g)(2)(iii) is amended by 

adding the words ‘‘and/or the United 

States’’ after the words ‘‘Specified 

Location’’; 

■ q. The table in paragraph (g)(2)(iv) is 

revised; 

■ r. Paragraph (g)(4)(ii)(A) is amended 

by removing the words ‘‘Canada, 

Mexico,’’ between the words ‘‘other 

than’’ and ‘‘one of the territories, and 

removing the words ‘‘, or an adjacent 

island’’ from the end of the sentence; 

■ s. Paragraphs (g)(4)(ii)(B) and (C) are 

revised; 

■ t. Paragraph (g)(4)(iii)(A) is amended 

by removing the words ‘‘Canada, 

Mexico,’’ between the words ‘‘United 

States’’ and ‘‘one of the territories’’, and 

removing the comma and the words ‘‘or 

an adjacent island’’ from the end of the 

paragraph; 

■ u. Paragraph (g)(4)(iii)(B) is amended 

by removing the words ‘‘Canada, 

Mexico,’’ between the words ‘‘from’’ 

and ‘‘one’’, and removing the comma 


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Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 50527 

and the words ‘‘or an adjacent island’’ 

following the words ‘‘United States’’ at 

the end of the sentence; 

■ v. Paragraph (g)(4)(iii)(C) is revised; 

■ w. Paragraph (g)(5)(v) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section,’’ after the words 

‘‘vessel passenger fee’’ in each place that 

they appear; 

■ x. Paragraph (h) is revised; 

■ y. Paragraph (i)(7) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section’’ after the words 

‘‘commercial aircraft passengers’’; 

■ z. Paragraph (i)(8) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of paragraph 

(k) of this section’’ after the words 

‘‘commercial vessel passengers’’; and 

■ aa. Paragraph (k) is added. 

The revisions and additions read as 

follows: 

§ 24.22 Fees for certain services. 

This section sets forth the terms and 

conditions for when the fees and 

corresponding limitations for certain 

services are required. The specific 

customs user fee amounts and 

corresponding limitations that appear in 

this section are not the actual fees or 

limitations but represent the base year 

amounts that are subject to adjustment 

each fiscal year in accordance with the 

Fixing America’s Surface Transportation 

Act (FAST Act) using Fiscal Year 2014 

as the base year for comparison. (See 

Appendix A to part 24 for a table setting 

forth the fees and limitations subject to 

adjustment along with the 

corresponding statutory authority, the 

regulatory citation, the name of the fee 

or limitation, and the Fiscal Year 2014 

base amount which reflects the statutory 

amounts that were adjusted by the 

American Jobs Creation Act of 2004 

(Pub. L. 108–357).) The methodology for 

adjusting the fees and limitations to 

reflect the percentage, if any, of the 

increase in the average of the Consumer 

Price Index—All Urban Consumers, U.S. 

All items, 1982–84 (CPI–U) for the 

preceding 12-month period (June 

through May) compared to the 

Consumer Price Index for fiscal year 

2014 is set forth in paragraph (k) of this 

section. CBP will determine annually 

whether an adjustment to the fees and 

limitations is necessary and a notice 

specifying the amount of the fees and 

limitations will be published in the 

Federal Register annually for each fiscal 

year at least 60 days prior to the 

effective date of the new fees and 

limitations. The fees and the limitations 

will also be maintained for the public’s 

convenience on the CBP Web site at 

www.cbp.gov. If a customs user has prepaid or met the calendar year limit prior 

to the effective date of the new fees and 

limitations, no additional fees will be 

required for that calendar year. If the 

customs user has not pre-paid or met 

the calendar year limit prior to the 

effective date of the new fees and 

limitations, the customs user will be 

subject to the adjusted limitation or 

prepayment amount. 

* * * * * 

(c) Fees for arrival of a commercial 

truck—(1) Fees. The fees for the arrival 

of a commercial truck consist of two 

separate fees. A CBP fee of $5.50, as 

adjusted by the terms of paragraph (k) 

of this section, but if the adjusted 

amount is not evenly divided by 0.05 

(e.g., $5.74) then adjusted down to the 

next lower $0.05 (e.g., $5.70), and an 

Animal and Plant Health Inspection 

Service/Agricultural Quarantine 

Inspection (APHIS/AQI) fee set forth in 

7 CFR 354.3 for the services provided 

that CBP collects on behalf of APHIS. 

Upon arrival at a CBP port of entry, the 

driver or other person in charge of a 

commercial truck must tender the fees 

to CBP unless they have been prepaid as 

provided for in paragraph (c)(3) of this 

section. The fees will not apply to any 

commercial truck which, at the time of 

arrival, is being transported by any 

vessel other than a ferry. For purposes 

of this paragraph, the term ‘‘commercial 

truck’’ means any self-propelled vehicle, 

including an empty vehicle or a truck 

cab without a trailer, which is designed 

and used for the transportation of 

commercial merchandise or for the 

transportation of non-commercial 

merchandise on a for-hire basis. 

(2) CBP fee limitation. No CBP fee will 

be collected under paragraph (c)(1) of 

this section for the arrival of a 

commercial truck during any calendar 

year once a prepayment of $100, as 

adjusted by the terms of paragraph (k) 

of this section, has been made and a 

transponder has been affixed to the 

vehicle windshield as provided in 

paragraph (c)(3) of this section. 

* * * * * 

(g) * * * 

(1) * * * 

(i) Subject to paragraphs (g)(1)(ii) and 

(g)(3) of this section, a fee of $5.50, as 

adjusted by the terms of paragraph (k) 

of this section, must be collected and 

remitted to CBP for services provided in 

connection with the arrival of each 

passenger aboard a commercial vessel or 

commercial aircraft from a place outside 

the United States except: 

(A) When the journey of the arriving 

passenger originates in a territory or 

possession of the United States; 

(B) When the journey of the arriving 

passenger originates in the United States 

and was limited to the territories and 

possessions of the United States; or 

(C) When arriving from one of the 

territories or possessions of the United 

States. 

(ii) Subject to paragraph (g)(3) of this 

section, a fee of $1.93, as adjusted by the 

terms of paragraph (k) of this section, 

must be collected and remitted to CBP 

for services provided in connection with 

the arrival of each passenger aboard a 

commercial vessel from a territory or 

possession of the United States, 

regardless of whether the journey of the 

arriving passenger originates in a place 

outside the United States or in the 

United States. 

(iii) For the purposes of this 

paragraph (g), the term ‘‘territories and 

possessions of the United States’’ 

includes American Samoa, Guam, the 

Northern Mariana Islands, Puerto Rico, 

and the U.S. Virgin Islands. 

* * * * * 

(2) * * * 

(iv) * * * 

Place where 

journey originates 

(see (g)(1)(iv)) 

Fee status for arrival from SL Fee status for arrival from other than SL 

Vessel Aircraft Vessel Aircraft 

SL ......................... $1.93, as adjusted by the terms 

of paragraph (k) of this section.

No fee .............. No fee ......................................... No fee 

Other than SL or 

U.S. 

$1.93, as adjusted by the terms 

of paragraph (k) of this section.

No fee .............. $5.50, as adjusted by the terms 

of paragraph (k) of this section.

$5.50, as adjusted by the terms 

of paragraph (k) of this section 

U.S. ....................... $1.93, as adjusted by the terms 

of paragraph (k) of this section.

No fee .............. N/A .............................................. N/A 

U.S. ....................... $1.93, as adjusted by the terms 

of paragraph (k) of this section.

No fee .............. $5.50, as adjusted by the terms 

of paragraph (k) of this section.

$5.50, as adjusted by the terms 

of paragraph (k) of this section 


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50528 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 

* * * * * 

(4) * * * 

(ii) * * * 

(B) When a return ticket or travel 

document is issued (or a receipt or other 

document that indicates an infant 

traveling without a return ticket or 

travel document is issued) in 

connection with a journey which 

originates in the United States, includes 

a stop in a place other than one of the 

territories and possessions of the United 

States and the return arrival to the 

United States is from a place other than 

the territories and possessions of the 

United States; and 

(C) When a passenger on a journey 

through the United States to a foreign 

destination arrives in the customs 

territory of the United States from a 

place other than one of the territories or 

possessions of the United States, is 

processed by CBP, and the journey does 

not originate in the territories and 

possessions of the United States. 

(iii) * * * 

(C) When a passenger on a journey 

through the United States to a foreign 

destination arrives in the customs 

territory of the United States from one 

of the territories and possessions of the 

United States and is processed by CBP. 

* * * * * 

(h) Annual customs broker permit 

user fee. Customs brokers are subject to 

an annual user fee of $138, as adjusted 

by the terms of paragraph (k) of this 

section, for each district permit and for 

a national permit held by an individual, 

partnership, association, or corporation. 

The annual user fee for each district 

permit must be submitted to the port 

through which the broker was granted 

the permit. The annual user fee for a 

national permit must be submitted to 

the port through which the broker’s 

license is delivered. 

* * * * * 

(k) Adjustment for inflation of 

Customs Consolidated Omnibus Budget 

Reconciliation Act (COBRA) user fees— 

(1) Fee amounts. CBP will determine 

annually whether an adjustment to the 

fees and limitations is necessary and a 

notice specifying the amount of the fees 

and limitations, as adjusted, will be 

published in the Federal Register 

annually for each fiscal year at least 60 

days prior to the effective date of the 

new fees and limitations. The fee and 

limitation amounts will also be 

maintained for the public’s convenience 

on the CBP Web site at www.cbp.gov. 

(2) Methodology for annual 

adjustments of fees and limitation 

amounts for inflation. CBP will 

determine the adjustments, if any, by 

making the following calculations: 

(i) Calculate the arithmetic average of 

the Consumer Price Index—All Urban 

Consumers, U.S. All items, 1982–84 = 

100 (CPI–U) for the current year based 

on the most recent June-May period. 

This figure is referred to as (A). 

(ii) Calculate the arithmetic average of 

the CPI–U for FY 2014. This figure is 

referred to as (B). 

(iii) State the arithmetic average of 

CPI–U for the comparison year which 

will be either (B) if the fees have never 

been adjusted in accordance with this 

paragraph (k), or the arithmetic average 

of the CPI–U for the last year in which 

fees were adjusted in accordance with 

this paragraph (k) as set forth in the 

Federal Register notice that last 

adjusted the fee. This figure is referred 

to as (C). 

(iv) Calculate the difference between 

the arithmetic averages of the CPI–U of 

the comparison year (C) and the current 

year (A). This difference is referred to as 

(D). (D) = (A)¥(C). 

(v) Round the difference (D) to the 

nearest whole number. This figure is 

referred to as (E). 

(vi) Calculate the percentage change 

in the arithmetic averages of the CPI–U 

of the comparison year (C) and the 

current year (A) which is referred to as 

(F). (F) = ((E) ÷ (C)) × 100%. 

(vii) If (F) is one percent or more, 

proceed to the next step (viii). If (F) is 

less than one percent, no adjustment 

will be made. 

(viii) Calculate the difference in the 

arithmetic average of the CPI–U between 

the current year (the most recent June 

through May period) and the base year 

(FY 2014). This difference is referred to 

as (G). (G) = (A)¥(B). 

(ix) Calculate the percentage change 

in the CPI–U from the base year to the 

current year. This figure is referred to as 

(H). (H) = ((G) ÷ (B)) × 100%. 

(x) Increase the fees and limitations 

that are subject to the rules of this 

paragraph by (H), calculating fees and 

limitations to the second decimal. 

■ 3. In § 24.23: 

■ a. Add introductory text; 

■ b. Paragraph (b)(1)(i)(A) is amended 

by adding the words, as adjusted in 

accordance with the terms of § 24.22(k) 

of this part,’’ after the words ‘‘$1.00 per 

individual air waybill or bill of lading 

fee’’; 

■ c. Paragraph (b)(1)(i)(B) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of § 24.22(k) 

of this part,’’ after the amounts ‘‘$485’’ 

and ‘‘$25’’; 

■ d. Paragraph (b)(1)(ii) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of § 24.22(k) 

of this part,’’ after the words ‘‘surcharge 

of $3’’; 

■ e. Paragraph (b)(2)(i) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of § 24.22(k) 

of this part,’’ after the amount ‘‘$2’’; 

■ f. Paragraph (b)(2)(ii) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of § 24.22(k) 

of this part,’’ after the amount ‘‘$6’’; 

■ g. Paragraph (b)(2)(iii) is amended by 

adding the words ‘‘, as adjusted in 

accordance with the terms of § 24.22(k) 

of this part,’’ after the amount ‘‘$9’’; and 

■ h. Paragraph (b)(4) is revised. 

The addition and revision read as 

follows: 

§ 24.23 Fees for processing merchandise. 

This section sets forth the terms and 

conditions for when the fees for 

processing merchandise are required. 

The specific merchandise processing fee 

amounts and corresponding limitations 

that appear in this section are not the 

actual fees or limitations, but represent 

the base year amounts that are subject 

to adjustment each fiscal year in 

accordance with the Fixing America’s 

Surface Transportation Act (FAST Act) 

using Fiscal Year 2014 as the base year 

for comparison. (See Appendix B to part 

24 for a table setting forth the fees and 

limitations subject to adjustment along 

with the corresponding statutory 

authority, the regulatory citation, the 

name of the fee or limitation, and the 

Fiscal Year 2014 base amount which 

reflects the statutory amounts that were 

adjusted by the American Jobs Creation 

Act of 2004 (Pub. L. 108–357).) The 

methodology for adjusting the fees and 

limitations to reflect the percentage, if 

any, of the increase in the average of the 

Consumer Price Index—All Urban 

Consumers, U.S. All items, 1982–84 

(CPI–U) for the preceding 12-month 

period (June through May) compared to 

the Consumer Price Index for fiscal year 

2014 is set forth in § 24.22(k) of this 

part. CBP will determine annually 

whether an adjustment to the fees and 

limitations is necessary and a notice 

specifying the amount of the fees and 

limitations will be published in the 

Federal Register annually for each fiscal 

year at least 60 days prior to the 

effective date of the new fees and 

limitations. The fees and the limitations 

will also be maintained for the public’s 

convenience on the CBP Web site at 

www.cbp.gov. 

* * * * * 

(b) * * * 

(4) Express consignment carrier and 

centralized hub facilities—(i) General. 

Each carrier or operator using an 

express consignment carrier facility or a 

centralized hub facility must pay to CBP 

a fee in the amount of $1.00, as adjusted 

in accordance with the terms of 


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Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 50529 

paragraph (k) of § 24.22 of this chapter, 

per individual air waybill or individual 

bill of lading for the processing of 

airway bills for shipments arriving in 

the United States. In addition, if 

merchandise is formally entered and 

valued at $2,500 or less, the importer of 

record must pay to CBP the ad valorem 

fee specified in paragraph (b)(1) of this 

section, if applicable. An individual air 

waybill or individual bill of lading is 

the individual document issued by the 

carrier or operator for transporting and/ 

or tracking an individual item, letter, 

package, envelope, record, document, or 

shipment. An individual air waybill is 

not a consolidation of several air 

waybills, and is not a master bill or 

other consolidated document. An 

individual air waybill or bill of lading 

is a bill representing an individual 

shipment that has its own unique bill 

number and tracking number, where the 

shipment is assigned to a single ultimate 

consignee, and no lower bill unit exists. 

Payment must be made to CBP on a 

quarterly basis and must cover the 

individual fees for all subject 

transactions that occurred during a 

calendar quarter. 

(ii) Maximum and minimum fees. 

Subject to the provisions of paragraph 

(b)(1)(i)(A) and (b)(4) of this section 

relating to the express consignment 

carrier facility or centralized hub facility 

fee, the fee per individual air waybill or 

bill of lading charged under paragraph 

(b)(1)(i)(A) of this section must not 

exceed $1, as adjusted in accordance 

with the terms of § 24.22(k) of this part, 

and must not be less than $0.35, as 

adjusted by § 24.22(k) of this part. 

(iii) Quarterly payments. The 

following additional requirements and 

conditions apply to each quarterly 

payment made under this section: 

(A) The quarterly payment must 

conform to the requirements of § 24.1 of 

this part, must be submitted 

electronically via Fedwire or pay.gov, or 

mailed to Customs and Border 

Protection, Revenue Division/Attention: 

Reimbursables, 6650 Telecom Drive, 

Suite 100, Indianapolis, Indiana 46278, 

and must be received by CBP no later 

than the last day of the month that 

follows the close of the calendar quarter 

to which the payment relates. 

(B) The following information must be 

included with the quarterly payment: 

(1) The identity of the calendar 

quarter to which the payment relates; 

(2) The identity of the facility for 

which the payment is made and the port 

code that applies to that location and, if 

the payment covers multiple facilities, 

the identity of each facility and its port 

code and the portion of the payment 

that pertains to each port code; and 

(3) The total number of individual air 

waybills and individual bills of lading 

covered by the payment, and a 

breakdown of that total for each facility 

covered by the payment according to the 

number covered by formal entry 

procedures, the number covered by 

informal entry procedures specified in 

§§ 128.24(e) and 143.23(j) of this 

chapter, and the number covered by 

other informal entry procedures. 

(C) Overpayments or underpayments 

may be accounted for by an explanation 

in, and adjustment of, the next due 

quarterly payment to CBP. In the case of 

an overpayment or underpayment that 

is not accounted for by an adjustment of 

the next due quarterly payment to CBP, 

the following procedures apply: 

(1) In the case of an overpayment, the 

carrier or operator may request a refund 

by writing to Customs and Border 

Protection, Revenue Division/Attention: 

Reimbursables, 6650 Telecom Drive, 

Suite 100, Indianapolis, Indiana 46278. 

The refund request must specify the 

grounds for the refund and must be 

received by CBP within one year of the 

date the fee for which the refund is 

sought was paid to CBP; and 

(2) In the case of an underpayment, 

interest will accrue on the amount not 

paid from the date payment was 

initially due to the date that payment to 

CBP is made. 

(D) The underpayment or failure of a 

carrier or operator using an express 

consignment carrier facility or a 

centralized hub facility to pay all 

applicable fees owed to CBP pursuant to 

paragraph (b)(4) of this section may 

result in the assessment of penalties 

under 19 U.S.C. 1592, liquidated 

damages, and any other action 

authorized by law. 

* * * * * 

■ 4. Add appendices A and B to read as 

follows: 

APPENDIX A TO PART 24—CUSTOMS COBRA USER FEES AND LIMITATIONS IN 19 CFR 24.22 

19 U.S.C. 58c 19 CFR 24.22 Customs COBRA user 

fee/limitation 

FY14 Base fee/ 

limitation (subject 

to adjustment in 

accordance with 

the FAST Act) 

(a)(1) ...................................... (b)(1)(i) ................................... Fee: Commercial Vessel Arrival Fee .................................... $437 

(b)(5)(A) ................................. (b)(1)(ii) .................................. Limitation: Calendar Year Maximum for Commercial Vessel 

Arrival Fees.

5,955 

(a)(8) ...................................... (b)(2)(i) ................................... Fee: Barges and Other Bulk Carriers Arrival Fee ................. 110 

(b)(6) ...................................... (b)(2)(ii) .................................. Limitation: Calendar Year Maximum for Barges and Other 

Bulk Carriers Arrival Fees.

1,500 

(a)(2) ...................................... (c)(1) ...................................... Fee: Commercial Truck Arrival Fee ...................................... 5.50 

(b)(2) ...................................... (c)(2) and (3) ......................... Limitation: Commercial Truck Calendar Year Prepayment 

Fee.

100 

(a)(3) ...................................... (d)(1) ...................................... Fee: Railroad Car Arrival Fee ............................................... 8.25 

(b)(3) ...................................... (d)(2) and (3) ......................... Limitation: Railroad Car Calendar Year Prepayment Fee .... 100 

(a)(4) ...................................... (e)(1) and (2) ......................... Fee and Limitation: Private Vessel or Private Aircraft First 

Arrival/Calendar Year Prepayment Fee.

27.50 

(a)(6) ...................................... (f) ........................................... Fee: Dutiable Mail Fee .......................................................... 5.50 

(a)(5)(A) ................................. (g)(1)(i) ................................... Fee: Commercial Vessel or Commercial Aircraft Passenger 

Arrival Fee.

5.50 

(a)(5)(B) ................................. (g)(1)(ii) .................................. Fee: Commercial Vessel Passenger Arrival Fee (from one 

of the territories and possessions of the United States).

1.93 

(a)(7) ...................................... (h) .......................................... Fee: Customs Broker Permit User Fee ................................. 138 


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50530 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 

APPENDIX B TO PART 24—CUSTOMS COBRA USER FEES AND LIMITATIONS IN 19 CFR 24.23 

19 U.S.C. 58c 19 CFR 24.23 Customs COBRA user 

fee/limitation 

FY14 Base fee/ 

limitation (subject 

to adjustment in 

accordance with 

the FAST Act) 

(b)(9)(A) (ii) ............................ (b)(1)(i)(A) .............................. Fee: Express Consignment Carrier/Centralized Hub Facility 

Fee, Per Individual Waybill/Bill of Lading Fee.

$1 

(b)(9)(B)(i) .............................. (b)(1)(i)(B)(2) ......................... Limitation: Minimum Express Consignment Carrier/Centralized Hub Facility Fee.0.35 

(b)(9)(B)(i) .............................. (b)(1)(i)(B)(2) ......................... Limitation: Maximum Express Consignment Carrier/Centralized Hub Facility Fee.1 

(a)(9)(B)(i); .............................

(b)(8)(A)(i) ..............................

(b)(1)(i)(B)(1) ......................... Limitation: Minimum Merchandise Processing Fee .............. 25 

(a)(9)(B)(i); .............................

(b)(8)(A)(i) ..............................

(b)(1)(i)(B)(1) ......................... Limitation: Maximum Merchandise Processing Fee ............. 485 

(b)(8)(A)(ii) ............................. (b)(1)(ii) .................................. Fee: Surcharge for Manual Entry or Release ....................... 3 

(a)(10)(C)(i) ............................ (b)(2)(i) ................................... Fee: Informal Entry or Release; Automated and Not Prepared by CBP Personnel.2 

(a)(10)(C)(ii) ........................... (b)(2)(ii) .................................. Fee: Informal Entry or Release; Manual and Not Prepared 

by CBP Personnel.

6 

(a)(10)(C)(iii) .......................... (b)(2)(iii) ................................. Fee: Informal Entry or Release; Automated or Manual; Prepared by CBP Personnel.9 

(b)(9)(A)(ii) ............................. (b)(4) ...................................... Fee: Express Consignment Carrier/Centralized Hub Facility 

Fee, Per Individual Waybill/Bill of Lading Fee.

1 

PART 111—CUSTOMS BROKERS 

■ 5. The general authority citation for 

part 111 and the specific authority 

citation for § 111.96 continue to read as 

follows: 

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

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1624, 1641. 

* * * * * 

Section 111.96 also issued under 19 U.S.C. 

58c, 31 U.S.C. 9701. 

* * * * * 

§ 111.19 [Amended] 

■ 6. In § 111.19(c): 

■ a. Remove the phrase ‘‘100 and 138’’ 

in the first sentence; and 

■ b. Remove the amounts ‘‘100’’ and 

‘‘138’’ in each place that they appear. 

§ 111.96 [Amended] 

■ 7. In § 111.96(c): 

■ a. In the first sentence, remove the 

words ‘‘of 138’’ and add in their place 

the words ‘‘specified in § 24.22(h) of 

this chapter’’; and 

■ b. Remove the figure ‘‘138’’ in each 

place that it appears. 

Ronald D. Vitiello, 

Acting Deputy Commissioner, U.S. Customs 

and Border Protection. 

Approved: October 30, 2017. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2017–23878 Filed 10–31–17; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 866 

[Docket No. FDA–2017–N–5995] 

Medical Devices; Immunology and 

Microbiology Devices; Classification of 

the BCR–ABL Quantitation Test 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final order. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

classifying the BCR–ABL quantitation 

test into class II (special controls). The 

special controls that apply to the device 

type are identified in this order and will 

be part of the codified language for the 

BCR–ABL quantitation test’s 

classification. We are taking this action 

because we have determined that 

classifying the device into class II 

(special controls) will provide a 

reasonable assurance of safety and 

effectiveness of the device. We believe 

this action will also enhance patients’ 

access to beneficial innovative devices, 

in part by reducing regulatory burdens. 

DATES: This order is effective November 

1, 2017. The classification was 

applicable on July 22, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Lubert, Center for Devices and 

Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. 4545, Silver Spring, 

MD 20993–0002, 240–402–6357, 

ryan.Lubert@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon request, FDA has classified the 

BCR–ABL quantitation test as class II 

(special controls), which we have 

determined will provide a reasonable 

assurance of safety and effectiveness. In 

addition, we believe this action will 

enhance patients’ access to beneficial 

innovation, in part by reducing 

regulatory burdens by placing the 

device into a lower device class than the 

automatic class III assignment. 

The automatic assignment of class III 

occurs by operation of law and without 

any action by FDA, regardless of the 

level of risk posed by the new device. 

Any device that was not in commercial 

distribution before May 28, 1976, is 

automatically classified as, and remains 

within, class III and requires premarket 

approval unless and until FDA takes an 

action to classify or reclassify the device 

(see 21 U.S.C. 360c(f)(1)). We refer to 

these devices as ‘‘postamendments 

devices’’ because they were not in 

commercial distribution prior to the 

date of enactment of the Medical Device 

Amendments of 1976, which amended 

the Federal Food, Drug, and Cosmetic 

Act (the FD&C Act). 

FDA may take a variety of actions in 

appropriate circumstances to classify or 

reclassify a device into class I or II. We 

may issue an order finding a new device 

to be substantially equivalent under 

section 513(i) of the FD&C Act (21 

U.S.C. 360c(i)) to a predicate device that 

does not require premarket approval. 


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