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This rulemaking proposes to create a new regulation requiring the submission of export manifest data electronically to U.S. Customs and Border Protection (CBP) in the Automated Commercial Environment (ACE) for cargo transported by rail pursuant to section 343(a), of the Trade Act of 2002, as amended (19 U.S.C. 1415), for any train departing the United States. The proposed regulation would mandate the electronic transmission of rail export manifest information, identify the parties eligible to transmit information, describe the time frames prior to departure of the train in which the information is due, and identify an initial filing that must occur 24 hours prior to departure from the port of export while requiring that remaining data be transmitted at least two hours prior to such departure. This rule is deregulatory and will result in both time savings and cost savings for carriers, transmitters, and CBP.

Statement of Need:

This Rule is needed to address important cargo security concerns while providing efficiencies to the trade.

Anticipated Costs and Benefits:

Based on the analysis for the NPRM, CBP expects that this rule would result in a present value total combined net cost savings of $49.8 million using a two percent discount rate, or approximately $3.8 million annualized (2023 U.S. dollars) to CBP, outbound rail carriers and other related parties during the period of analysis (2016 to 2030). CBP anticipates that this proposed rule would also provide added benefits from enhanced cargo security measures by improving compliance and the enforcement of U.S. export laws and regulations on U.S. rail exports, while also improving the facilitation of the export process.