Cargo Containers and Road Vehicle Certifications Pursuant to International Conventions: Designated Certifying Authorities
Federal Register: July 27, 2009 (Volume 74, Number 142)
Rules and Regulations
Page 36925-36926
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr27jy09-2
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection 19 CFR Part 115
CBP Dec. 09-27
RIN 1651-AA78
Cargo Container and Road Vehicle Certification Pursuant to
International Conventions: Designated Certifying Authorities
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule; technical amendment.
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations in title 19 of the Code of Federal Regulations (CFR) concerning the certification of cargo containers for international transport pursuant to international customs conventions. These amendments reflect that the Commissioner of CBP has designated Lloyd's
Register North America, Inc., as an authority in certifying containers for international transport under customs seal. This document further updates the addresses of three designated Certifying Authorities that are already listed in the CBP regulations.
DATES: This final rule is effective July 27, 2009.
FOR FURTHER INFORMATION CONTACT: Gary Rosenthal, Program Manager, Cargo
Control Branch, Cargo and Conveyance Security, Office of Field
Operations, (202) 344-2673.
SUPPLEMENTARY INFORMATION:
Background
The provisions of part 115 of the Customs and Border Protection
(CBP) regulations (19 CFR part 115) establish procedures for certifying containers and road vehicles for international transport under customs seal in conformance with the Customs Convention on Containers (1956)
(TIAS 6634), the Customs Convention on the International Transport of
Goods Under Cover of TIR Carnets (1959) (TIAS 6633), the Customs
Convention on the International Transport of Goods Under Cover of TIR
Carnets, November 14, 1975 (TIAS), and the Customs Convention on
Containers, 1972 (TIAS). The responsibility for the approval and certification of containers and road vehicles was transferred from the
U. S. Coast Guard to the U.S. Customs Service (now CBP) by Executive
Order 12445, dated October 17, 1983. Part 115 of the CBP regulations was promulgated by T.D. 86-92 which was published in the Federal
Register (51 FR 16161) on May 1, 1986.
Under the certification program, containers and road vehicles, or proposed designs for such conveyances, may be submitted to various
Certifying Authorities worldwide for approval. With respect to the designation of Certifying Authorities in the United States, Sec. 115.3(a) of the CBP regulations (19 CFR 115.3(a)) defines a
``Certifying Authority'' as a non-profit firm or association, incorporated or established in the United States, which the
Commissioner of CBP finds competent to carry out the functions set forth in Sec. Sec. 115.8 through 115.14 of the CBP regulations (19 CFR 115.8-115.14), and which the Commissioner designates to certify containers and road vehicles for international transport under customs seal. The certification of containers and road vehicles for international transport under customs seal is voluntary, and non- certification does not preclude the use of containers and road vehicles in international commerce.
Section 115.6 of the CBP regulations (19 CFR 115.6) sets forth three Certifying Authorities that have been designated by the
Commissioner to perform the examination and certification functions for containers and road vehicles. These are the American Bureau of
Shipping, International Cargo Gear Bureau, Inc., and the National Cargo
Bureau, Inc.
Page 36926
Under Sec. 115.7 of the CBP regulations (19 CFR 115.7), the
Commissioner may designate additional Certifying Authorities.
On May 8, 2002, Lloyd's Register North America, Inc. (``Lloyd's'') filed a request with CBP for status as a Certifying Authority for containers and container-design types pursuant to 19 CFR part 115. This request was granted by the Commissioner by letter dated April 10, 2003.
Lloyd's status as a Certifying Authority does not extend to certification for individual road vehicles or road vehicle design types covered in 19 CFR part 115, subparts E and F. This document amends
Sec. 115.6 to add Lloyd's to the list of designated Certifying
Authorities only for containers and container-design types.
This document further amends Sec. 115.6 to update the addresses of the previously-designated three Certifying Authorities, and also to clarify that they are approved entities for certifying both containers and road vehicles. Finally, this document revises Sec. 115.6 to distinguish between the two types of Certifying Authorities designated by the Commissioner.
Signing Authority
This document is limited to technical corrections of CBP regulations. Accordingly, it is being issued in accordance with section 0.2(a) of the CBP regulations (19 CFR 0.2(a)).
Inapplicability of Notice and Delayed Effective Date Requirements
Because this amendment merely updates the list of Certifying
Authorities designated by the Commissioner and their addresses, and neither imposes any additional burdens on, nor takes away any existing rights or privileges from, the public, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are unnecessary, and for the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required.
Executive Order 12866 and Regulatory Flexibility Act
This final rule document does not meet the criteria for a
``significant regulatory action'' as specified in Executive Order 12866. In addition, because no notice of proposed rulemaking is required for the reasons stated above, the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 et seq.), this final rule document contains no new information collection and recordkeeping requirements that require Office of
Management and Budget approval.
Unfunded Mandates Reform Act of 1995
This final rule will not impose an unfunded mandate under the
Unfunded Mandates Reform Act of 1995. It will not result in costs of
$100 million or more, in the aggregate, to any of the following: State, local, or Native American tribal governments, or the private sector.
This final rule would not result in such an expenditure.
Executive Order 13132
In accordance with the principles and criteria contained in
Executive Order 13132 (Federalism), this final rule will have no substantial effect on the States, the current Federal-State relationship, or on the current distribution of power and responsibilities among local officials.
List of Subjects in 19 CFR Part 115
Containers, Customs duties and inspection, Freight, International conventions.
Amendments to the CBP Regulations 0
For the reasons set forth above, part 115, CBP regulations (19 CFR part 115), is amended as set forth below:
PART 115--CARGO CONTAINER AND ROAD VEHICLE CERTIFICATION PURSUANT
TO INTERNATIONAL CUSTOMS CONVENTIONS 0 1. The authority citation for part 115, CBP regulations, continues to read as follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1624; E.O. 12445 of
October 17, 1983. 0 2. Section 115.6 is revised to read as follows:
Sec. 115.6 Designated Certifying Authorities.
(a) Certifying Authorities for containers and road vehicles. The
Commissioner has designated the following Certifying Authorities for containers and road vehicles as defined in this part:
(1) The American Bureau of Shipping, ABS Plaza, 16855 Northchase
Drive, Houston, Texas 77060-6008;
(2) International Cargo Gear Bureau, Inc., 321 West 44th Street,
New York, New York 10036;
(3) The National Cargo Bureau, Inc., 17 Battery Place, Suite 1232,
New York, New York 10004-1110.
(b) Certifying Authority for containers. The Commissioner has designated Lloyd's Register North America, Inc., 1401 Enclave Parkway,
Suite 200, Houston, Texas 77077, as a Certifying Authority only for containers as defined in this part.
Dated: July 22, 2009.
Jayson P. Ahern,
Acting Commissioner, Customs and Border Protection.
FR Doc. E9-17876 Filed 7-24-09; 8:45 am
BILLING CODE 9111-14-P
