60-Day FRN

Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices
97.048, Disaster Housing Assistance to
Individuals and Households in Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)
June 6, 2011.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.

W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.

[FR Doc. 2011–14578 Filed 6–10–11; 8:45 am]

[FR Doc. 2011–14488 Filed 6–10–11; 8:45 am]

BILLING CODE 9111–23–P

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND
SECURITY

DEPARTMENT OF HOMELAND
SECURITY

Federal Emergency Management
Agency

U.S. Customs and Border Protection

[Internal Agency Docket No. FEMA–1976–
DR; Docket ID FEMA–2011–0001]

Kentucky; Amendment No. 9 to Notice
of a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:

This notice amends the notice
of a major disaster declaration for the
Commonwealth of Kentucky (FEMA–
1976–DR), dated May 4, 2011, and
related determinations.
DATES: Effective Date: June 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3886.
SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the
Commonwealth of Kentucky is hereby
amended to include the following areas
among those areas determined to have
been adversely affected by the event
declared a major disaster by the
President in his declaration of May 4,
2011.
SUMMARY:

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97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households in Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

Christian, Hopkins, Menifee, Nelson, and
Rowan Counties for Public Assistance,
including direct Federal assistance.
McCracken County for Public Assistance,
including direct Federal assistance (already
designated for emergency protective
measures [Category B], limited to direct
Federal assistance, under the Public
Assistance program).
(The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);

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Agency Information Collection
Activities: Petition for Remission or
Mitigation of Forfeitures and Penalties
Incurred
U.S. Customs and Border
Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for
comments; Extension of an existing
collection of information: 1651–0100.
AGENCY:

As part of its continuing effort
to reduce paperwork and respondent
burden, CBP invites the general public
and other Federal agencies to comment
on an information collection
requirement concerning the Petition for
Remission or Mitigation of Forfeitures
and Penalties Incurred. This request for
comment is being made pursuant to the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13).
DATES: Written comments should be
received on or before August 12, 2011,
to be assured of consideration.
ADDRESSES: Direct all written comments
to U.S. Customs and Border Protection,
Attn: Tracey Denning, Regulations and
Rulings, Office of International Trade,
799 9th Street, NW., 5th Floor,
Washington, DC 20229–1177.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Tracey Denning,
U.S. Customs and Border Protection,
Regulations and Rulings, Office of
International Trade, 799 9th Street,
NW., 5th Floor, Washington, DC 20229–
1177, at 202–325–0265.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
Federal agencies to comment on
proposed and/or continuing information
collections pursuant to the Paperwork
SUMMARY:

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Reduction Act of 1995 (Pub. L. 104–13).
The comments should address: (a)
Whether the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimates of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden including
the use of automated collection
techniques or the use of other forms of
information technology; and (e) the
annual costs burden to respondents or
record keepers from the collection of
information (a total capital/startup costs
and operations and maintenance costs).
The comments that are submitted will
be summarized and included in the CBP
request for Office of Management and
Budget (OMB) approval. All comments
will become a matter of public record.
In this document CBP is soliciting
comments concerning the following
information collection:
Title: Petition for Remission or
Mitigation of Forfeitures and Penalties
Incurred.
OMB Number: 1651–0100.
Form Number: CBP Form 4609.
Abstract: CBP Form 4609, Petition for
Remission of Forfeitures and Penalties
Incurred, is completed and filed with
the CBP Port Director by individuals
who have been found to be in violation
of one or more provisions of the Tariff
Act of 1930, or other laws administered
by the CBP. Persons who violate the
Tariff Act are entitled to file a petition
seeking mitigation of any statutory
penalty imposed or remission of a
statutory forfeiture incurred. This
petition is submitted on CBP Form
4609. The information provided on this
form is used by CBP personnel as a basis
for granting relief from forfeiture or
penalty. CBP Form 4609 is authorized
by 19 U.S.C. 1618 and provided for by
19 CFR 171.11. It is accessible at
http://forms.cbp.gov/pdf/
CBP_Form_4609.pdf.
Current Actions: CBP proposes to
extend the expiration date of this
information collection with no change
to the burden hours or to the
information being collected.
Type of Review: Extension (without
change).
Affected Public: Businesses,
Travelers.
Estimated Number of Respondents:
28,000.
Estimated Total Annual Responses:
28,000.
Estimated Time per Respondent: 14
minutes.

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Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Notices

Estimated Total Annual Burden
Hours: 6,500.

Protection, via e-mail at
[email protected].

Dated: June 6, 2011.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.

SUPPLEMENTARY INFORMATION:

[FR Doc. 2011–14503 Filed 6–10–11; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment
(ACE); Announcement of National
Customs Automation Program Test of
Automated Procedures for In-Bond
Shipments Transiting Through the
United States From One Point in
Canada to Another Point in Canada
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:

This document announces
that U.S. Customs and Border Protection
(CBP) plans to conduct a National
Customs Automation Program (NCAP)
test relating to highway movements of
commercial goods that are transported
in-bond through the United States from
one point in Canada to another point in
Canada. The NCAP test designates a
new filing code in CBP’s Automated
Commercial Environment (ACE) Truck
Manifest System to identify the
shipment as being part of a joint CBP
and Canada Border Services Agency
(CBSA) In-Transit Project and requires
test participants to transmit the manifest
electronically and to submit an
additional data element. The new filing
code and additional data element will
enable CBP and the CBSA to better track
the movement of these goods, to share
information about the in-bond
movement and to streamline procedures
for test participants. This notice
provides a description of the NCAP test
process, sets forth eligibility
requirements for participation, and
invites public comment on any aspect of
the planned test.
DATES: The test will commence no
earlier than July 13, 2011. Comments
concerning this notice and all aspects of
the announced test may be submitted at
any time during the test period.
ADDRESSES: Written comments
concerning program, policy and
technical issues should be submitted to
Mr. Gary Schreffler, Chief, Cargo
Control Branch, Office of Field
Operations, U.S. Customs and Border

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SUMMARY:

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Background
The National Customs Automation
Program (NCAP) was established in
Subtitle B of Title VI—Customs
Modernization, in the North American
Free Trade Agreement Implementation
Act (Pub. L. 103–182, 107 Stat. 2057,
2170, December 8, 1993) (Customs
Modernization Act). See 19 U.S.C. 1411.
The Customs Modernization Act
provides the Commissioner of CBP with
authority to conduct limited test
programs or procedures designed to
evaluate planned components of the
NCAP. This test is authorized pursuant
to § 101.9(b) of the CBP Regulations (19
CFR 101.9(b)) which provides for the
testing of NCAP programs or
procedures. See T.D. 95–21.
Section 343(a) of the Trade Act of
2002, as amended (the Trade Act; 19
U.S.C. 2071 note), requires CBP to
promulgate regulations providing for the
mandatory transmission of electronic
cargo information by way of a CBP
approved electronic data interchange
(EDI) system before the cargo is brought
into or departs the United States by any
mode of commercial transportation (sea,
air, rail or truck). The required cargo
information is that which is reasonably
necessary to enable high-risk shipments
to be identified for purposes of ensuring
cargo safety and security and preventing
smuggling pursuant to the laws enforced
and administered by CBP.
On December 5, 2003, CBP published
a final rule in the Federal Register (68
FR 68140) to effectuate the provisions of
the Trade Act. In particular, a new
§ 123.92 (19 CFR 123.92) was added to
the title 19 regulations to implement the
requirements for cargo brought into the
United States by truck. As provided in
§ 123.92, for any inbound truck required
to report its arrival under § 123.1(b) that
will have commercial cargo aboard, CBP
must electronically receive certain
information regarding that cargo
through a CBP-approved EDI system no
later than either 30 minutes or one hour
prior to the carrier’s reaching the first
port of arrival in the United States. As
explained in the preamble of the 2003
final rule, the 30 minute time frame
applies to truck carriers arriving with
shipments qualified for clearance under
the FAST (Free and Secure Trade)
program.
In a notice published in the Federal
Register on October 27, 2006 (71 FR
62922), CBP designated the ACE Truck
Manifest System as the approved system
for receipt of EDI transmissions of

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required land border crossing manifest
data. ACE was phased in as the required
transmission system over a six month
period at various ports of entry and CBP
now requires ACE to be used for the
transmission of advance electronic truck
cargo information at every land border
port in which CBP had planned to
require the use of ACE. See, 72 FR
53789, September 20, 2007.
Highway movements of commercial
goods that are transported through the
United States from one point in Canada
to another point in Canada must be
transported in-bond and processed as
Transportation and Exportation (T&E)
entries. The procedures for these inbond shipments are addressed in 19
CFR 123.42. Among other things, this
regulation requires the filing of a
manifest and various reports to CBP and
the CBSA regarding the movement of
the goods. Although reference is made
to a paper manifest, CBP’s in-bond
process for T&E entries is supported in
the ACE Truck Manifest System. The
ACE Truck Manifest System enables
carriers to submit T&E entries by filing
an e-Manifest. This NCAP test requires
participants to file their T&E entries
using an e-Manifest in the ACE Truck
Manifest System and eliminates one of
the reporting requirements.
Arrangement Between the Canada
Border Services Agency and the
Department of Homeland Security,
United States Customs and Border
Protection Regarding the Highway
In-Transit Project
On March 10, 2011, CBP and the
CBSA finalized a memorandum of
understanding (MOU) titled,
‘‘Arrangement Between the Canada
Border Services Agency and the
Department of Homeland Security,
United States Customs and Border
Protection Regarding the Highway InTransit Project.’’ In the MOU, CBP and
the CBSA state their intention to
implement the Highway In-Transit
Project (In-Transit Project) on a pilot
basis for shipments transiting through
the United States (from one point in
Canada to another point in Canada) and
to later jointly assess whether to begin
implementing the In-Transit Project on
a pilot basis for shipments transiting
through Canada (from one point in the
United States to another point in the
United States), or on a permanent basis
for one or both types of transit
movements. The MOU provides for the
automation of the reporting of in-transit
highway movements of commercial
goods between Canada and the United
States. The MOU specifies the criteria
that highway carriers must meet in
order to participate in the In-Transit

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