60 Day Notice

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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Notices

Additionally, TSA collects the
information to monitor carrier
compliance with the fee requirements
and for auditing purposes. Air carriers
are required to retain this information
for a six-year rolling period. For
instance, air carriers must keep the
information collected during Fiscal Year
2008 until the expiration of Fiscal Year
2014.
TSA rules require air carriers to
impose and collect the fee on
passengers, and to submit the fee to TSA
by the final day of the calendar month
following the month in which the fee
was collected. 49 CFR 1510.13. Air
carriers are further required to submit
quarterly reports to TSA, which provide
an accounting of the fees imposed,
collected, and refunded to passengers
and remitted to TSA. 49 CFR 1510.17.
The fee amount collected from each
passenger is $2.50 per enplanement
originating in the United States.
Passengers may not be charged for more
than two enplanements per one-way trip
or four enplanements per round trip. 49
CFR 1510.5.
Each air carrier that collects security
service fees from more than 50,000
passengers annually is also required
under 49 CFR 1510.15 to submit to TSA
an annual independent audit, performed
by an independent certified public
accountant, of its security service fee
activities and accounts. Although the
annual independent audit requirements
were suspended on January 23, 2003 (68
FR 3192), TSA conducts its own audits
of the air carriers. 49 CFR 1510.11.
Notwithstanding the suspension of the
audit requirements, air carriers must
establish and maintain an accounting
system to account for the security
service fees imposed, collected,
refunded and remitted. 49 CFR
1510.15(a).
TSA is seeking renewal of this
collection to require air carriers to
continue submitting the quarterly
reports to TSA, and to require air
carriers to retain the information for a
six-year rolling period. This
requirement includes retaining the
source information for the quarterly
reports remitted to TSA, and the
calculations and allocations performed
to remit reports to TSA. Should the
auditing requirement be reinstated, the
requirement would include information
and documents reviewed and prepared
for the independent audit; the
accountant’s working papers, notes,
worksheets, and other relevant
documentation used in the audit; and, if
applicable, the specific information
leading to the accountant’s opinion,
including any determination that the
accountant could not provide an audit

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opinion. Although TSA suspended the
independent audits, TSA conducts
audits of the air carriers, and therefore,
requires air carriers to retain and
provide the same information as
required for the quarterly reports and
independent audits.
TSA estimates that 196 total
respondent air carriers will spend
approximately 1 hour per quarterly
report, for a total of 784 hours per year.
Should TSA reinstate the audit
requirement, TSA estimates that 105 air
carriers would be required to submit
annual audits, on which they would
spend approximately 20 hours for
preparation, for a total of 2,100 hours
annually. TSA estimates the total for
quarterly reports and annual audits is
2,884 hours.
For the quarterly reports and TSA’s
audits, TSA estimates that the 196 air
carriers will each incur an average cost
of $462.88 annually. This estimate
includes $100 in staff time for
preparation of the reports (at $25 per
hour, each quarterly report is estimated
to take 1 hour to prepare), $361.20 in
annual records storage related costs, and
$1.68 for postage for the report (4
stamps at 42 cents each). TSA estimates
an aggregate annual cost of $90,724.48
for the airlines to prepare, submit, and
store quarterly reports, and an aggregate
cost of $272,173.44 for the three years
of the renewal period.
Should TSA reinstate the annual
audit requirement, TSA estimates total
annual cost for this collection at
$315,000 (105 air carriers, at an
estimated rate of $150 per hour, at 20
hours per report). For the three-year
period of the renewal, TSA estimates
the total aggregate cost of the annual
audit requirement to be $945,000, and
$1,217,173.44 for the three-year
extension of both quarterly reports and
annual audits.
Issued in Arlington, Virginia, May 5, 2011.
Joanna Johnson,
TSA Paperwork Reduction Act Officer, Office
of Information Technology.
[FR Doc. 2011–11652 Filed 5–11–11; 8:45 am]
BILLING CODE 9110–05–P

DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Intent To Request Renewal From OMB
of One Current Public Collection of
Information: Flight Crew Self-Defense
Training—Registration and Evaluation
AGENCY: Transportation Security
Administration, DHS.

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ACTION:

60 day Notice.

SUMMARY: The Transportation Security
Administration (TSA) invites public
comment on one currently approved
Information Collection Request (ICR),
Office of Management and Budget
(OMB) control number 1652–0028,
abstracted below that TSA will submit
to OMB for renewal in compliance with
the Paperwork Reduction Act (PRA).
The ICR describes the nature of the
information collection and its expected
burden. The collection involves
requesting, name, contact information,
airline employee number, and Social
Security number (last four digits) from
flight and cabin crew members of air
carriers to verify employment status to
confirm eligibility to participate in
voluntary advanced self-defense
training provided by TSA. Eligible
training participants are flight and cabin
crew members of an airline conducting
scheduled passenger operations. See 49
U.S.C. 44918. Additionally, each
participant is asked to complete a
voluntary course evaluation form after
the training concludes.
DATES: Send your comments by July 11,
2011.
ADDRESSES: Comments may be e-mailed
to [email protected] or delivered to the
TSA PRA Officer, Office of Information
Technology (OIT), TSA–11,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6011.
FOR FURTHER INFORMATION CONTACT:
Joanna Johnson at the above address, or
by telephone (571) 227–3651.
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
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

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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Notices
are to respond, including using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement

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OMB Control Number 1652–0028,
Flight Crew Self-Defense Training—
Registration and Evaluation. TSA is
seeking to renew the ICR, currently
approved under OMB number 1652–
0028, to continue compliance with a
statutory mandate. Under Title VI, Sec.
603 of Vision 100—Century of Aviation
Reauthorization Act (Pub. L 108–176,
117 Stat. 2490, 2563, Dec. 12, 2003),
TSA is required to develop and provide
a voluntary advanced self-defense
training program for flight and cabin
crew members of air carriers providing
scheduled passenger air transportation.
See 49 U.S.C. 44918(b).
TSA requests this renewal so that
TSA may continue confirming
participants’ eligibility and attendance
for the training program, as well as to
continue assessing training quality. TSA
collects limited biographical
information from flight and cabin crew
members to confirm their eligibility to
participate in this training; the
information requested is the
participant’s name, contact information,
airline employee number, and the last
four digits of his or her Social Security
number. TSA confirms the eligibility of
the participant by contacting the
participant’s employer. Attendance is
confirmed by comparing registration
information against a sign-in sheet
provided in the classroom. TSA also
asks participants to complete an
anonymous and voluntary evaluation
form after participation in the training
to assess the quality of the training. The
estimated number of annual
respondents is 3,000 and estimated
annual burden is 750 hours. There is no
estimated annual cost burden to
respondents.
Issued in Arlington, Virginia, on May 5,
2011.
Joanna Johnson,
Paperwork Reduction Officer, Office of
Information Technology.
[FR Doc. 2011–11655 Filed 5–11–11; 8:45 am]
BILLING CODE 9110–05–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[USCBP–2009–0036]

Notice of Domestic Interested Party
Petitioner’s Desire To Contest the
Tariff Classification Determination of
Wickless Wax Objects
AGENCY: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of petitioner’s desire to
contest classification determination.
SUMMARY: On February 18, 2009, the
National Candle Association
(‘‘petitioner’’) filed a domestic interested
party petition pursuant to section 516,
Tariff Act of 1930, as amended, and 19
CFR part 175 regarding the tariff
classification of imported wickless wax
objects identified in entry documents as
‘‘wax cylinders’’, ‘‘wax pillars’’, ‘‘wax
blocks’’, ‘‘wax forms’’, ‘‘candle jars’’,
‘‘candle holders’’, ‘‘religious candle
holders’’, or ‘‘religious candle jars.’’ The
petition challenged Customs and Border
Protection’s (‘‘CBP’s’’) classification of
wickless wax objects under heading
9602, of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’), as molded or carved articles
of wax, and requested that all wickless
wax objects be classified under
subheading 3406.00.00, HTSUS, as
candles, tapers, and the like.
On December 7, 2010, CBP denied the
petition and affirmed its decision that
wickless wax objects are classified
under subheading 9602.00.40, HTSUS,
as molded or carved articles of wax.
Pursuant to 19 CFR 175.24, CBP is now
providing notice of this decision and
also providing notice of the receipt of
petitioner’s desire to contest this
decision in court.
DATES: May 12, 2011.
FOR FURTHER INFORMATION CONTACT:
Jean-Rene Broussard, Tariff
Classification and Marking Branch,
Regulations and Rulings, Office of
International Trade, (202) 325–0284.
SUPPLEMENTARY INFORMATION:

Background
This document concerns the tariff
classification of imported wickless wax
objects by CBP and the desire of a
domestic interested party to contest
CBP’s classification decision.
Classification of Wickless Wax Objects
Classification under the HTSUS is
made in accordance with the General
Rules of Interpretation (GRIs). GRI 1

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provides that classification shall be
determined according to the terms of the
headings and any relative section or
chapter notes. Merchandise that cannot
be classified in accordance with GRI 1
is to be classified in accordance with
subsequent GRIs taken in order. The
Explanatory Notes (‘‘ENs’’) to the
Harmonized Commodity Description
and Coding System, which represent the
official interpretation of the tariff at the
international level, facilitate
classification under the HTSUS by
offering guidance in understanding the
scope of the headings and GRIs.
The wickless wax objects that are the
subject of the petition are petroleum
based wax products that are in small
molded shapes such as blocks,
cylinders, columns, triangles, or bowls.
The majority of these wickless wax
objects are imported with a hole drilled
into the center of them. These objects
can be used as decorative items or for
further production as candles.
CBP has issued numerous rulings on
the classification of wickless wax
objects. See New York Ruling Letters
(‘‘NY’’) L85725, dated June 30, 2005; NY
L85383, dated June 15, 2005; NY
L84761, dated June 2, 2005; NY G88343,
dated March 26, 2001; NY G87878,
dated March 7, 2001; NY G85945, dated
January 16, 2001; NY F82375, dated
February 11, 2000; NY F81245, dated
January 11, 2000; NY E89220, dated
November 8, 1999; NY E87727, dated
September 27, 1999; NY E82227, dated
May 18, 1999; NY E81505, dated May
12, 1999; and NY D88246, dated March
12, 1999. In all of these rulings CBP
consistently held that wickless wax
objects were classified under heading
9602, HTSUS, as molded or carved
articles of wax.
Filing of Domestic Interested Party
Petition
On February 18, 2009, the National
Candle Association, in accordance with
section 516, Tariff Act of 1930, as
amended (19 U.S.C. 1516), filed a
domestic interested party petition
requesting that CBP reclassify imported
wickless wax objects under subheading
3406.00.00, HTSUS, which provides for
candles, tapers, and the like. The 2011
column one, general rate of duty, under
this provision is duty free. Subheading
9602.00.40 provides for molded or
carved articles of wax. The 2011 column
one, general rate of duty, for this
provision is 1.8 percent ad valorem.
On January 5, 2010, in accordance
with 19 CFR 175.21, CBP published a
Notice of Receipt of a Domestic
Interested Party Petition filed by
petitioner in the Federal Register (75 FR
420). The notice invited written

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