30 Day FRN

9720

Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices

address; Harmonized Tariff Schedule
10-digit number; country of origin; bill
of lading; house air waybill number; bill
of lading issuer code; entry number;
entry type; and estimated shipment
value. Three optional data elements are
the container stuffing location;
consolidator name and address, and
ship to party name and address. The
data collected under the Simplified
Entry program is intended to reduce
transaction costs, expedite cargo release,
and enhance cargo security. The
Simplified Entry filing minimizes the
redundancy of data submitted by the
filer to CBP through receiving carrier
data from the carrier. This design allows
the participants to file earlier in the
transportation flow. Guidance on using
Simplified Entry may be found at
http://www.cbp.gov/xp/cgov/trade/
trade_transformation/simplified_entry/.
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.
CBP Form 3461
Estimated Number of Respondents:
6,529.
Estimated Number of Responses per
Respondent: 1,411.
Estimated Total Annual Responses:
9,210,160.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 2,302,540.
CBP Form 3461 ALT
Estimated Number of Respondents:
6,795.
Estimated Number of Responses per
Respondent: 1,390.
Estimated Total Annual Responses:
9,444,069.
Estimated Time per Response: 3
minutes.
Estimated Total Annual Burden
Hours: 472,203.

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Simplified Entry
Estimated Number of Respondents:
500.
Estimated Number of Responses per
Respondent: 1,410.
Estimated Total Annual Responses:
705,000.
Estimated Time per Response: 10
minutes.
Estimated Total Annual Burden
Hours: 117,030.

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Dated: January 29, 2013.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. 2013–02326 Filed 2–8–13; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Agency Information Collection
Activities: Holders or Containers
Which Enter the United States Duty
Free
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 30-Day notice and request for
comments; Extension of an existing
information collection.
AGENCY:

U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act: Holders or Containers
which enter the United States Duty
Free. This is a proposed extension of an
information collection that was
previously approved. CBP is proposing
that this information collection be
extended with no change to the burden
hours. This document is published to
obtain comments from the public and
affected agencies. This information
collection was previously published in
the Federal Register (77 FR 69650) on
November 20, 2012, allowing for a 60day comment period. This notice allows
for an additional 30 days for public
comments. This process is conducted in
accordance with 5 CFR 1320.10.
DATES: Written comments should be
received on or before March 13, 2013.
ADDRESSES: Interested persons are
invited to submit written comments on
this information collection to the Office
of Information and Regulatory Affairs,
Office of Management and Budget.
Comments should be addressed to the
OMB Desk Officer for U.S. Customs and
Border Protection, Department of
Homeland Security, and sent via
electronic mail to
[email protected] or faxed
to (202) 395–5806.
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, 90 K Street NE.,
SUMMARY:

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10th Floor, Washington, DC 20229–
1177, at 202–325–0265.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and affected
Federal agencies to submit written
comments and suggestions on proposed
and/or continuing information
collection requests pursuant to the
Paperwork Reduction Act (Pub. L. 104–
13). Your comments should address one
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency/component,
including whether the information will
have practical utility;
(2) Evaluate the accuracy of the
agencies/components estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collections of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
techniques or other forms of
information.
Title: Holders or Containers which
Enter the United States Duty Free.
OMB Number: 1651–0035.
Form Number: None.
Abstract: All articles that are brought
into the United States are subject to
duty unless they are specifically exempt
under the Harmonized Tariff Schedules
of the United States (HTSUS), codified
as 19 U.S.C. 1202. Item 9801.00.10
(HTSUS) provides that articles that were
manufactured in the U.S. and exported
and returned without having been
advanced in value or improved in
condition by any process of
manufacture may be brought back into
the U.S. duty-free. In addition, Item
9803.00.50 (HTSUS) provides for the
duty-free entry of substantial holders or
containers of foreign manufacture if
duty had been paid upon a previous
importation pursuant to the provisions
of 19 CFR 10.41b.
Although an article may be brought
back into the United States without
being subject to duty, a consumption
entry must nevertheless be made along
with the reason for the article not being
subject to duty set forth on the entry.
However, an importer who brings in
merchandise packed in U.S.
manufactured containers or holders or
previously duty-paid containers or
holders, and does so several times a year
involving a great many containers or
holders, may mark the container or

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holder with the HTSUS number in lieu
of filing of entry papers each time. CBP
believes such frequent filing of entry
papers for these containers or holders
would be overly burdensome to the
importer or shipper.
19 CFR 10.41 provides that
substantial holders or containers are to
have prescribed markings in clear and
conspicuous letters of such a size that
they will be easily discernable. Section
10.41b of the CBP regulations eliminates
the need for an importer to file entry
documents by instead requiring the
marking of the containers or holders to
indicate under which item number of
the HTSUS the containers or holders are
entitled duty free entry.
In order to comply with 19 CFR
10.41b, the owner of the holder or
container is required to place the
markings on a metal tag or plate
containing the following information:
9801.00.10, HTSUS; the name of the
owner; and the serial number assigned
by the owner. In the case of serially
numbered holders or containers of
foreign manufacture for which free
clearance under the second provision of
item 9803.00.50 HTSUS is claimed, the
owner must place the following
markings containing the following
information: 9803.00.50 HTSUS; the
port code numbers of the port of entry;
the entry number; the last two digits of
the fiscal year of entry covering the
importation of the holders and
containers on which duty was paid; the
name of the owner; and the serial
number assigned by the owner.
Action: CBP proposes to extend the
expiration date of this information
collection with no change to the burden
hours or to the information collected.
Type of Review: Extension (without
change).
Affected Public: Businesses.
Estimated Number of Respondents:
20.
Estimated Number of Responses per
Respondent: 18.
Estimated Number of Total Annual
Responses: 360.
Estimated Total Annual Burden
Hours: 90.
Dated: February 6, 2013.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5613–N–06–C]

Privacy Act of 1974; New System of
Records, Office of General Counsel EDiscovery Management System:
Republication of System Description
and Solicitation of Comment
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:

Pursuant to the provision of
the Privacy Act of 1974, HUD is
providing notice of its formal adoption
of a new system of records for the Office
of General Counsel (OGC) E-Discovery
Management System (EDMS). The OGC
discovery productions typically require
the preservation, collection and analysis
of massive emails, word processing
documents, PDF files, spreadsheets,
presentations, database entries, and
other documents in a variety of
electronic file formats, as well as paper
records. EDMS is expected to improve
significantly the efficiency of OGC’s
processing of records during the
discovery and processing of litigation
requests and will dramatically reduce
the time spent on the document review
and production process.
DATES: Effective Date: December 18,
2012.
SUMMARY:

For
inquiries pertaining to Privacy Act
records, contact Donna RobinsonStaton, Chief Privacy Officer,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410 (Attention:
Capitol View Building, 4th Floor)
telephone number (202) 402–8073 (this
telephone number is not toll free). A
telecommunications device for hearingand speech-impaired persons (TTY) is
available by calling the Federal Relay
Service’s toll-free telephone number
(800) 877–8339.
SUPPLEMENTARY INFORMATION: Pursuant
to the Privacy Act of 1974 (5 U.S.C.
552a) (Privacy Act), HUD published in
the Federal Register on July 17, 2012, at
77 FR 41997, a notice that announced a
new system of records for OGC’s EDiscovery Management System (OGC–
EDMS), a system expected to
significantly improve the efficiency of
OGC’s processing of records during the
preservation, discovery, and processing
of litigation requests when litigation is
‘‘reasonably anticipated’’ 1 and reduce
FOR FURTHER INFORMATION CONTACT:

[FR Doc. 2013–02982 Filed 2–8–13; 8:45 am]
1 ‘‘Reasonably anticipated’’ is the legal test
articulating the standard for when the duty to
preserve electronically stored information begins. A

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9721

the time HUD staff spend on the
document review and production
process. OGC–EDMS is in response to
and consistent with e-discovery
preservation and production
requirements in the Federal Rules of
Civil Procedure.
The July 17, 2012, notice solicited
public comment on OGC–EDMS for a
period of 30 days. The notice advised
that EDMS would carry a final effective
date of August 16, 2012, unless HUD
received comments which would result
in a contrary determination. HUD
received public comment in response to
the July 17, 2012, notice. On August 15,
2012, at 77 FR 49011, HUD published a
notice advising of a change in the final
effective date of OGC–EDMS, the
commitment to re-publish the
description of OGC–EDMS with certain
clarifications, and to respond to public
comments received in response to the
July 17, 2012, notice.
In response to public comments, a
notice expanding the description of
OGC–EDMS and soliciting further
public comments was published on
November 15, 2012, at 77 FR 68140.
Specifically, HUD clarified in the notice
published on November 15, 2012 that
when litigation is ‘‘reasonably
anticipated,’’ related electronic data is
forensically copied and maintained in a
secure server environment separate from
HUD’s network servers as part of the
OGC–EDMS. In this secure server
environment, electronic data is
preserved in a way that prevents
metadata spoliation by the system or the
owner of the data. HUD further clarified
that electronic data is properly retained
on network servers and other sources as
mandated by the HUD’s Office of
General Counsel Records Disposition
Schedule 2—Legal Records, 2225.6
REV–1, CHG–APPENDIX 2 2 and HUD’s
Office of the Chief Information Officer
Electronic Mail Policy, 2400.1 REV01,
CHG.3 These handbooks are available on
HUD’s Web pages through hudclips.
The public comment period for the
November 15, 2012, notice closed on
December 17, 2012. HUD received no
public comments in response to the
November 2012 additional solicitation
of comment. In this notice, HUD
provides a complete summary of the
location, purposes, and operational
description of EDMS. The summary is
key case is Pension Comm. of the Univ. of Montreal
Pension Plan v. Banc of Am. Secs., LLC, 05 Civ.
9016 (SAS), 2010 U.S. Dist. LEXIS 4546, at *14–15
(S.D.N.Y. Jan. 15, 2010).
2 http://portal.hud.gov/hudportal/HUD?src=/
program_offices/administration/hudclips/
handbooks/admh/2225.6.
3 http://www.hud.gov/offices/adm/hudclips/
handbooks/cioh/.

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