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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

Legal Deadline: None

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.

Timetable:

Action	Date	FR Cite
NPRM	01/02/2008	73 FR 90
NPRM Comment Period End	03/03/2008
NPRM Comment Period Extended	02/01/2008	73 FR 6061
NPRM Comment Period End	03/18/2008
Interim Final Rule	11/25/2008	73 FR 71730
Interim Final Rule Effective	01/26/2009
Interim Final Rule Comment Period End	06/01/2009
Correction	07/14/2009	74 FR 33920
Correction	12/24/2009	74 FR 68376
Final Action	08/00/2014

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
Agency Contact: Craig Clark Branch Chief, Advance Data Programs and Cargo Initiatives Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue NW, Washington, DC 20229 Phone:202 344-3052 Email: craig.clark@cbp.dhs.gov