[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Rules and Regulations]
[Pages 36925-36926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17876]


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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.

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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