Federal Register:
January 2, 2008 (Volume 73, Number 1)
[Federal Register: January 2, 2008 (Volume 73,
Number 1)]
[Proposed Rules] [Page 90-113]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID: fr02ja08-22]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Parts 4, 12, 18, 101, 103, 113, 122, 123,
141, 143, 149 and 192 [USCBP-2007-0077]
RIN 1651-AA70
Importer Security Filing and Additional Carrier
Requirements
AGENCY: Customs and Border Protection, Department
of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: To help prevent terrorist weapons from
being transported to the United States, vessel carriers
bringing cargo to the United States are currently
required to transmit certain information to Customs
and Border Protection (CBP) about the cargo they
are transporting prior to lading that cargo at foreign
ports of entry. This document proposes to require
both importers and carriers to submit additional
information
pertaining to cargo before the cargo is brought
into the United States by vessel. CBP must receive
this information by way of a CBP-approved electronic
data interchange system. The information required
is reasonably necessary to further improve the ability
of CBP to identify high-risk shipments so as to
prevent smuggling and ensure cargo safety and security.
The proposed regulations are specifically intended
to fulfill the requirements of section 203 of the
Security and Accountability for Every (SAFE) Port
Act of 2006 and section 343(a) of the Trade Act
of 2002, as amended by the Maritime Transportation
Security Act of 2002.
DATES: Written comments must be submitted on or
before March 3, 2008.
ADDRESSES: You may submit comments, identified by
docket number, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments
via docket number
Dept: [INSERT DOCKET NUMBER].
Mail: Border Security Regulations Branch, Office
of Trade,
U.S Customs and Border Protection, 1300 Pennsylvania
Avenue, NW. (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include
the agency name and document number for this rulemaking.
All comments received will be posted without change
to http://www.regulations.gov, including any personal
information provided. For detailed instructions
on submitting comments and additional information
on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section
of this document.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
Submitted comments may also be inspected on regular
business days between the hours of 9 a.m. and 4:30
p.m. at the Office of International Trade, Customs
and Border Protection, 799 9th Street, NW., 5th
Floor, Washington, DC. Arrangements to inspect submitted
comments should be made in advance by calling Mr.
Joseph Clark at (202) 572-8768.
FOR FURTHER INFORMATION CONTACT: Richard Di Nucci,
Office of Field Operations, (202) 344-2513.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Background
A. Current Requirements and CBP Authority for Issuance
of Proposed Rule
(1) 24 Hour Rule
(2) Trade Act Regulations
(3) SAFE Port Act
B. Statutory Factors Governing Development of Regulations
C. Carrier and Importer Requirements Presented Separately
III. Proposed Carrier Requirements Relating to Vessel
Cargo Destined to the United States
A. Overview; Vessel Stow Plan
B. Overview; Container Status Messages
1. Events Requiring a CSM, Effective Upon Implementation
of the Final Rule
2. Additional Events Requiring a CSM, Effective
90 Days After CBP Publishes a Notice in the Federal
Register
IV. Proposed Importer Requirement for Vessel Cargo
Destined to the United States
A. Overview; Required Elements
1. Shipments Other Than FROB, IE Shipments, and
T&E Shipments
2. FROB, IE shipments, and T&E shipments
B. Public Comments; Required Elements
C. Overview; Master Bills/House Bills
D. Public Comments; Master Bills/House Bills
E. Overview; CBP-approved Electronic Interchange
System
F. Public Comments; CBP-approved Electronic Interchange
System
G. Overview; Authorized Agents
H. Public Comments; Authorized Agents
I. Public Comments; Requested Exemptions/Exclusions
From Importer Security Filing Requirements
1. Bulk and Break Bulk Cargo
2. Foreign Cargo Remaining on Board, In-bond Shipments,
and Instruments of International Traffic
J. Overview; Updating an Importer Security Filing
K. Public Comments; Withdrawing an Importer Security
Filing
L. Overview; Importer Security Filing, Entry, and
Application for FTZ Admission
1. Importer Security Filing and Entry
2. Importer Security Filing and Application for
FTZ Admission
M. Public Comments; Importer Security Filing, Entry,
and Application for FTZ Admission
V. General Public Comments
A. Economic Analysis; Cost, Benefit, and Feasibility
Study
B. Protection of Confidential Information Presented
to CBP
C. Test of Concept and Phase-in Enforcement
D. Other General Comments
VI. Amendments to Bond Conditions
A. Bond Conditions Related to the Proposed Importer
Security Filing, Vessel Stow Plan, and Container
Status Message Requirements
B. Bond Conditions Related to the Trade Act Regulations
VIII. Regulatory Analyses
A. Executive Order 12866
B. Regulatory Flexibility Act
C. Unfunded Mandated Reform Act
D. Paperwork Reduction Act
IX. Signing Authority
X. Proposed Regulatory Amendments
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