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|DHS/USCBP||RIN: 1651-AA70||Publication ID: Fall 2013|
|Title: Importer Security Filing and Additional Carrier Requirements(Section 610 Review)|
|Abstract: This final rule implements the provisions of section 203 of the Security and Accountability for Every Port Act of 2006. On November 25, 2008, CBP published an interim final rule (CBP Dec. 08?46) in the Federal Register (73 FR 71730), that finalized most of the provisions proposed in the NPRM. The interim final rule did not finalize six data elements that were identified as areas of potential concern for industry during the rulemaking process and, for which, CBP provided some type of flexibility for compliance with those data elements. CBP solicited public comment on these six data elements, conducted a structured review, and also invited comments on the revised Regulatory Assessment and Final Regulatory Flexibility Analysis. [See 73 FR 71782-85 for regulatory text and 73 CFR 71733-34 for general discussion.] The remaining requirements of the rule were adopted as final. CBP plans to issue a final rule after CBP completes a structured review of the flexibilities and analyzes the comments.|
|Agency: Department of Homeland Security(DHS)||Priority: Economically Significant|
|RIN Status: Previously published in the Unified Agenda||Agenda Stage of Rulemaking: Final Rule Stage|
|Major: Yes||Unfunded Mandates: Private Sector|
|RFA Section 610 Review: Section 610 Review|
|CFR Citation: 19 CFR 4 19 CFR 12.3 19 CFR 18.5 19 CFR 103.31a 19 CFR 113 19 CFR 123.92 19 CFR 141.113 19 CFR 146.32 19 CFR 149 19 CFR 192.14|
|Legal Authority: PL 109-347, sec 203 5 USC 301 19 USC 66 19 USC 1431 19 USC 1433 to 1434 19 USC 1624 19 USC 2071 (note) 46 USC 60105|
Statement of Need: This rule improves CBP's risk assessment and targeting capabilities and enables the agency to facilitate the prompt release of legitimate cargo following its arrival in the United States. The information will assist CBP in increasing the security of the global trading system and, thereby, reducing the threat to the United States and world economy.
Summary of the Legal Basis: Pursuant to section 203 of the Security and Accountability for Every Port Act of 2006 (Pub. L. 109-347, 6 U.S.C. 943) (SAFE Port Act), the Secretary of Homeland Security, acting through the Commissioner of CBP, must promulgate regulations to require the electronic transmission of additional data elements for improved high-risk targeting, including appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such cargo on vessels at foreign seaports.
Alternatives: CBP is considering whether to maintain the flexibilities on the data elements that were not finalized in the interim final rule.
Anticipated Costs and Benefits: CBP is currently developing a regulatory impact analysis based on the comments and the structured review of the data elements not finalized in the interim final rule.
Risks: No risks.
|Regulatory Flexibility Analysis Required: Yes||Government Levels Affected: None|
|Small Entities Affected: Businesses||Federalism: No|
|Included in the Regulatory Plan: Yes|
|International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.|
|RIN Information URL: www.regulations.gov||Public Comment URL: www.regulations.gov|
|RIN Data Printed in the FR: Yes|
Program Manager, Vessel Manifest & Importer Security Filing, Office of Cargo and Conveyance Security
Department of Homeland Security
U.S. Customs and Border Protection
1300 Pennsylvania Avenue, NW.,
Washington, DC 20229