60 Day Notice

Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket No. TSA–2004–19515]

Intent To Request Renewal From OMB
of One Current Public Collection of
Information: Air Cargo Security
Requirements

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AGENCY: Transportation Security
Administration, DHS.
ACTION: 60-day Notice.
SUMMARY: The Transportation Security
Administration (TSA) invites public
comment on one currently approved
Information Collection Request (ICR),
OMB control number 1652–0040,
abstracted below that we will submit to
the Office of Management and Budget
(OMB) for renewal in compliance with
the Paperwork Reduction Act. The ICR
describes the nature of the information
collection and its expected burden. The
collections of information that make up
this ICR involve five broad categories
affecting airports, passenger aircraft
operators, foreign air carriers, indirect
air carriers operating under a security
program, and all-cargo carriers: security
programs, security threat assessments
(STA), known shipper data via the
Known Shipper Management System
(KSMS), cargo screening reporting, and
evidence of compliance recordkeeping.
TSA seeks continued OMB approval in
order to secure passenger aircraft
carrying cargo as authorized in the
Aviation and Transportation Security
Act, and to meet the screening
requirements for cargo transported on
passenger aircraft within the deadlines
established in the Implementing
Recommendations of the 9/11
Commission Act of 2007.
DATES: Send your comments by January
15, 2010.
ADDRESSES: Comments may be e-mailed
to [email protected] or delivered to the
TSA Paperwork Reduction Act (PRA)
Officer, Office of Information
Technology (OIT), TSA–40,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6040.
FOR FURTHER INFORMATION CONTACT:
Please e-mail [email protected] with
questions or comments.
SUPPLEMENTARY INFORMATION:

Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information

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unless it displays a valid OMB control
number. The ICR documentation is
available at http://www.reginfo.gov.
Therefore, in preparation for OMB
review and approval of the following
information collection, TSA is soliciting
comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
OMB Control Number 1652–0040 Air
Cargo Security requirements, 49 CFR
parts 1540, 1542, 1544, 1546, and 1548.
TSA is seeking renewal of an expiring
collection of information. Congress set
forth in the Aviation and Transportation
Security Act (ATSA), Public Law 107–
71, two specific requirements for TSA in
the area of air cargo security: (1) To
provide for screening of all property,
including U.S. mail, cargo, carry-on and
checked baggage, and other articles, that
will be carried aboard a passenger
aircraft; and (2) to establish a system to
screen, inspect, report, or otherwise
ensure the security of all cargo that is to
be transported in all-cargo aircraft as
soon as practicable. In the Implementing
Recommendations of the 9/11
Commission Act of 2007, Public Law
110–53, Congress requires that 50
percent of cargo transported on
passenger aircraft be screened by
February 2009, and 100 percent of such
cargo be screened by August 2010.
While aviation security requirements
have greatly reduced the vulnerability of
the air cargo system, TSA, in
cooperation with industry stakeholders,
identified additional gaps in the existing
cargo security requirements that must be
filled to reduce the likelihood of cargo
tampering or unauthorized access to the
aircraft with malicious intent. TSA must
proceed with this ICR for this program
in order to meet the Congressional
mandates and current regulations (49
CFR 1542.209, 1544.205, 1546.205, and
part 1548) that enable them to accept,
screen, and transport air cargo. The
uninterrupted collection of this
information will allow TSA to continue
to ensure implementation of these vital

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security measures for the protection of
the traveling public.
Data Collection
This information collection requires
the ‘‘regulated entities,’’ who may
include passenger and all-cargo aircraft
operators, foreign air carriers, and
indirect air carriers (IACs), to
implement a standard security program
or to submit modifications to TSA for
approval, and update such programs as
necessary. The regulated entities must
also collect personal information and
submit such information to TSA so that
TSA may conduct security threat
assessments (STA) for individuals with
unescorted access to cargo. This
includes each individual who is a
general partner, officer or director of an
IAC or an applicant to be an IAC, and
certain owners of an IAC or an applicant
to be an IAC; and any individual who
has responsibility for screening cargo
under 49 CFR parts 1544, 1546, or 1548.
Aircraft operators and foreign air
carriers must report the volume of
accepted and screened cargo transported
on passenger aircraft. Further, TSA will
collect identifying information for both
companies and individuals whom
aircraft operators, foreign air carriers,
and IACs have qualified to ship cargo on
passenger aircraft, also referred to as
‘‘known shippers.’’ This information is
primarily collected electronically via
the Known Shipper Management
System (KSMS). Whenever the
information cannot be entered on
KSMS, the regulated entity must
conduct a physical visit of the shipper
using the Aviation Security Known
Shipper Verification Form and
subsequently enter that information into
KSMS. These regulated entities must
also maintain records including records
pertaining to security programs,
training, and compliance. The forms
used in this collection of information
include the Aviation Security Known
Shipper Verification Form, Cargo
Reporting Template, and the Security
Threat Assessment Application.
Estimated Burden Hours
The hour burden associated with the
initial submission of security programs
is estimated by TSA to be 4 hours for
each of the 152 new aircraft operator,
foreign air carrier and IAC average
annual regulated entites for an average
annual hour burden of 606 hours.
The hour burden associated with the
security program updates is estimated
by TSA to be 4 hours for each of the
4,509 aircraft operators, foreign air
carriers, and IACs for an average annual
hour burden of 18,036 hours. TSA
estimates one percent of IACs (42) will

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Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices

file an appeal at 5 hours per appeal for
an average annual hour burden of 210
hours.
For the STA requirement, based on a
15-minute estimate for each of the
average 40,003 annual responses, TSA
estimates that the average annual
burden will be 10,001 hours.
For the Known Shipper Management
System (KSMS), given that the IAC or
aircraft operator must input a name,
address, and telephone number, TSA
estimates it will take 2 minutes for the
792,000 electronic submissions for a
total annual burden of 26,400 hours.
Also for KSMS, TSA estimates it will
take one hour for the 8,000 manual
submissions for a total annual burden of
8,000 hours.
TSA estimates out of the 480 total
aircraft operators and foreign air carriers
impacted by TSA regulations, 135
aircraft operators and foreign air carriers
will submit cargo screening reporting
information because not all aircraft
operators and foreign air carriers
transport cargo. TSA estimates this will
take an estimated one hour per week (52
hours per year) for a total average
annual burden of 6,994 hours. For
recordkeeping, based on a 5-minute
estimate for each of the 40,003 average
annual responses, TSA estimates that
the total average annual burden will be
3,320 hours.
Issued in Arlington, Virginia, on
November 9, 2009.
Joanna Johnson,
TSA Paperwork Reduction Act Officer, Office
of Information Technology.
[FR Doc. E9–27349 Filed 11–13–09; 8:45 am]
BILLING CODE 9110–05–P

DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Notice of Issuance of Final
Determination Concerning Toner
Cartridges and Image Drums

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AGENCY: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of final determination.
SUMMARY: This document provides
notice that the Bureau of U.S. Customs
and Border Protection (‘‘CBP’’) has
issued a final determination concerning
the country of origin of certain toner
cartridges and image drums to be
offered to the United States Government
under an undesignated government
procurement contract. Based upon the
facts presented, in the final

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determination CBP concluded that
Japan is the country of origin of the
subject toner cartridges and the United
States is the country of origin of the
subject image drums for purposes of
U.S. Government procurement.
DATES: The final determination was
issued on November 9, 2009. A copy of
the final determination is attached. Any
party-at-interest, as defined in 19 CFR
177.22(d), may seek judicial review of
this final determination within
December 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Karen S. Greene, Valuation and Special
Programs Branch, Regulations and
Rulings, Office of International Trade
(202–325–0041).
SUPPLEMENTARY INFORMATION: Notice is
hereby given that on November 9, 2009,
pursuant to subpart B of part 177,
Customs Regulations (19 CFR part 177,
subpart B), CBP issued a final
determination concerning the country of
origin of certain toner cartridges and
image drums to be offered to the United
States Government under an
undesignated government procurement
contract. This final determination, in
HQ W563548, was issued at the request
of Oki Data Americas, Inc. under
procedures set forth at 19 CFR part 177,
subpart B, which implements Title III of
the Trade Agreements Act of 1979, as
amended (19 U.S.C. 2511–18).
The final determination concluded
that, based upon the facts presented, the
replacement in the United States of
minor components of U.S. and foreign
origin and the addition of Japaneseorigin toner to a Chinese-origin toner
cartridge do not substantially transform
the toner cartridge into a product of the
United States. Therefore, the last
country in which the toner cartridge
undergoes a substantial transformation
is based on the essential character of the
toner cartridge, which is the toner from
Japan. Based upon the facts presented,
the final determination also concluded
that the disassembly in the United
States of a Thai-origin image drum, the
cleaning and reassembly of salvageable
parts, and the replacement of a
significant number of parts essential to
the functionality of the image drum
result in a substantial transformation of
the components into a product of the
United States.
Section 177.29, Customs Regulations
(19 CFR 177.29), provides that notice of
final determinations shall be published
in the Federal Register within 60 days
of the date the final determination is
issued. Section 177.30, CBP Regulations
(19 CFR 177.30), provides that any
party-at-interest, as defined in 19 CFR
177.22(d), may seek judicial review of a

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final determination within 30 days of
publication of such determination in the
Federal Register.
Dated: November 9, 2009.
Sandra L. Bell,
Executive Director, Office of Regulations and
Rulings, Office of International Trade.
Attachment
HQ W563548
November 9, 2009
MAR–2–05 RR:CTF:VS W563548 KSG
CATEGORY: Marking
Mr. Stephen E. Becker
Pillsbury Winthrop Shaw Pittman LLP
2300 N Street, N.W.,
Washington, DC 20037–1122
RE: U.S. Government Procurement; Title III,
Trade Agreements Act of 1979 (19 U.S.C.
§ 2511); Subpart B, Part 177, Customs and
Border Protection Regulations (19 CFR
§ 177); Final Determination; country of
origin of remanufactured toner cartridges
and image drums
Dear Mr. Becker:
This is in response to your letter dated July
28, 2006, requesting a final determination on
behalf of Oki Data Americas, Inc. (‘‘Oki
Data’’), pursuant to subpart B of Part 177,
Customs Regulations (19 C.F.R. § 177.21 et
seq.). Under these regulations, which
implement Title III of the Trade Agreements
Act of 1979, as amended (19 U.S.C. § 2511 et
seq.), U.S. Customs and Border Protection
(‘‘CBP’’) issues country of origin advisory
rulings and final determinations on whether
an article is or would be a product of a
designated foreign country or instrumentality
for the purpose of granting waivers of certain
‘‘Buy American’’ restrictions in U.S. law or
practice for products offered for sale to the
U.S. Government.
This final determination concerns the
country of origin of certain remanufactured
toner cartridges and image drums. We note
that Oki Data is a party-at-interest within the
meaning of 19 C.F.R. § 177.22(d)(1) and is
entitled to request this final determination. In
issuing this final determination, we have
given consideration to the arguments
presented during a meeting at our offices on
November 17, 2006, and your additional
submissions dated September 12, 2006,
September 28, 2006, November 17, 2006, and
November 30, 2006, which include
photographs of the articles at various stages
of the processes performed.
FACTS:
I. Toner Cartridges
You advise us that Oki Data will
remanufacture C7300/7500 Series toner
cartridges at its facility in Mount Laurel, New
Jersey. You state that the spent toner
cartridges were originally manufactured in
China and that the toner cartridges were used
in printers in the United States. You also
indicate that the actual cartridges lack any
notation of their origin.
You advise that the toner cartridge is
comprised of 52 parts plus toner. The
remanufactured cartridge will consist of 20
newly manufactured parts: 14 from the

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