Federal Register / Vol. 68, No. 6 / Thursday, January 9, 2003 / Proposed Rules
written comments that are timely
submitted to Customs. All suchcomments received from the publicpursuant to this notice of proposed
rulemaking will be available for public
inspection in accordance with theFreedom of Information Act (5 U.S.C.
552), § 1.5, Treasury Department
Regulations (31 CFR 1.5), and§ 103.11(b), Customs regulations (19CFR 102.11(b)), during regular businessdays between the hours of 9 a.m. and4:30 p.m. at the Regulations Branch,
Office of Regulations and Rulings, U.S.
Customs Service, 799 9th Street, NW.,
Washington, DC.
Regulatory Flexibility Act andExecutive Order 12866
Customs establishes, expands andconsolidates Customs ports of entry
throughout the United States toaccommodate the volume of Customsrelated activity in various parts of thecountry. Thus, although this document
is being issued with notice for publiccomment, because it relates to agency
management and organization it is not
subject to the notice and public
procedure requirements of 5 U.S.C. 553.
Accordingly, this document is not
subject to the provisions of theRegulatory Flexibility Act (5 U.S.C. 601
et seq.). Agency organization matterssuch as this proposed port extension are
exempt from consideration under
Executive Order 12866.
Drafting Information
The principal author of this document
was Janet L. Johnson, Regulations
Branch. However, personnel from otheroffices participated in its development.
Robert C. Bonner,
Commissioner of Customs.
Approved: January 6, 2003.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 03–432 Filed 1–8–03; 8:45 am]
BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 103
RIN 1515–AD18

Confidentiality Protection for Vessel
Cargo Manifest Information
AGENCY: U.S. Customs Service,
Department of the Treasury.
ACTION: Notice of proposed rulemaking.
SUMMARY: This document proposes toamend the Customs Regulations to

VerDate Dec<13>2002

15:23 Jan 08, 2003

Jkt 200001

provide that, in addition to the importeror consignee, parties that electronicallytransmit vessel cargo manifest
information directly to Customs 24 ormore hours before cargo is laden aboard
the vessel at the foreign port may
request confidentiality with respect tothe name and address of the importer or
consignee, related marks andidentification numbers that reveal theirnames and addresses, and the names
and addresses of their shippers. These
parties must submit to Customs a letterof authorization signed by the importeror consignee with the request for
confidentiality. Current regulations
allow only the importer or consignee, oran authorized employee, attorney, or
official of the importer or consignee, tomake such requests.
DATES: Comments must be received onor before February 10, 2003.
ADDRESSES: Written comments(preferably in triplicate), regarding boththe substantive aspects of the proposed
rule and how it may be made easier tounderstand, may be submitted to the
U.S. Customs Service, Office ofRegulations and Rulings, Attention:
Regulations Branch, 1300 Pennsylvania
Avenue, NW., Washington, DC 20229.
Submitted comments may be inspected
at the U.S. Customs Service, 799 9thStreet, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Larry Burton, Chief, Entry and Carriers
Branch, Office of Regulations andRulings, at (202) 572–8724.
SUPPLEMENTARY INFORMATION:
Background
Under 19 U.S.C. 1431, Customs must
make available for public disclosure
certain information contained in vessel
manifests except when the importer or
consignee has requested confidential
treatment.
On October 31, 2002, Customs
published a final rule document in theFederal Register (67 FR 66318) thatamended the Customs Regulations
pertaining to the inward foreign
manifest to provide that Customs mustreceive from the carrier the vessel’s
Cargo Declaration (Customs Form (CF)1302), one document among a few thatcomprise the manifest, or a Customsapproved electronic equivalent of the
cargo declaration, at least 24 hours
before the cargo is laden aboard thevessel at the foreign port, and to requirethat Vessel Automated Manifest System(AMS) participants provide the cargodeclaration electronically (see 19 CFR
4.7(b)(2)). The amended regulation also
provides that a properly licensed orregistered non-vessel operating common
carrier (NVOCC) that is in possession of

PO 00000

Frm 00005

Fmt 4702

Sfmt 4702

1173

an International Carrier Bond containing
the provisions of § 113.64 of theregulations (19 CFR 113.64) may
electronically transmit required
manifest information directly to
Customs through the AMS 24 or more
hours before cargo it delivers to thevessel carrier is laden aboard the vesselat the foreign port. If the NVOCC
chooses not to transmit the required
manifest information to Customs, as
described above, the amended
regulation provides that the NVOCC
must instead fully disclose and present
the required information to the vessel
carrier to allow the vessel carrier topresent the information to Customs via
the AMS system. (See 19 CFR 4.7(b)(3).)
The final rule amended other sections
within Part 4 of the regulations andmade amendments to § 113.64 having to
do with bond obligations of NVOCCs
that elect to transmit manifest
information in accordance with § 4.7(b).
Discussion of these particularamendments is not necessary in thisdocument. (See the final rule, citedpreviously, for a more complete
presentation of these amendments.)
In response to the notice of proposed
rulemaking (NPRM) that preceded
publication of the final rule discussed
above, published in the Federal Register(67 FR 51519) on August 8, 2002, the
NVOCC community submitted several
comments expressing concern thatcertain information and data that a
NVOCC would supply under the newprocedures of § 4.7(b) would be subject
to release for publication. Under§ 103.31 of the regulations (19 CFR
103.31), vessel manifest information ismade available to newspapers,
commercial magazines, trade journals,
and similar publications. The NVOCC
group contended that such releasewould reveal confidential businessinformation that could result in harm to
the NVOCC community, andrecommended that Customs amend theregulations to permit NVOCCs torequest confidentiality on behalf ofimporters and consignees under§ 103.31. Because the NVOCC comments
concerned an issue that was not thefocus of the prior rulemaking, Customs
responded to these comments in the
final rule document by indicating that it
would soon publish another NPRM
proposing to amend the regulations toaddress the issue within the limitationsof existing law. The purpose of thisNPRM is to seek further input from thetrade community on the specificquestion whether the Customs
regulations should be amended.
Under 19 U.S.C. 1431(c), only
importers and consignees are authorized
to make such confidentiality requests to

E:\FR\FM\09JAP1.SGM

09JAP1

1174

Federal Register / Vol. 68, No. 6 / Thursday, January 9, 2003 / Proposed Rules

protect their name and address fromdisclosure as well as the name andaddress of their shippers. The
regulations implementing this Section
provide that authorized employees,
attorneys, or officials of importers or
consignees may make such requests (19CFR 103.31(d)). Consistent with theview that authorized representatives of
the importers or consignees may fileconfidential requests, this document
proposes to amend § 103.31(d) of the
Customs Regulations to allow parties
that transmit directly to Customs
manifest information in accordancewith §§ 4.7(b) and 4.7a to file a biennialcertification requesting confidentiality
on behalf of an importer or consignee
when authorized to do so by theimporter or consignee. This amendment
allowing such parties, including
NVOCCs and vessel carriers, to makeconfidentiality requests will enhance
the new procedures set forth in the final
rule, as these parties will be relieved
from any disadvantage that might result
from publication of certain manifest
information.
Comments
Before adopting this proposal as a
final rule, consideration will be given to
any written comments timely submitted
to Customs. Comments submitted will
be available for public inspection inaccordance with the Freedom ofInformation Act (5 U.S.C. 552), § 1.5 of
the Treasury Department Regulations(31 CFR 1.5), and § 103.11(b) of the
Customs Regulations (19 CFR
103.11(b)), on regular business days
between the hours of 9 a.m. and 4:30
p.m. at the Regulations Branch, Office ofRegulations and Rulings, U.S. Customs
Service, 799 9th Street, NW.,
Washington, DC. To make arrangements
to inspect submitted comments, call Mr.
Joseph Clark at (202) 572–8768.
Executive Order 12866This document does not meet thecriteria for a ‘‘significant regulatory
action’’ as specified in E.O. 12866.
Regulatory Flexibility Act
Inasmuch as adoption of the proposed
amendment would expand the parties
who may request confidentiality ofbusiness sensitive information for the
purpose of protecting their competitive
standing or advantage, and thus would
benefit this segment of the importing
community, it is certified, pursuant to
the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.),
that the proposed amendments to theCustoms Regulations, if adopted, will
not have a significant economic impact
on a substantial number of small

VerDate Dec<13>2002

15:23 Jan 08, 2003

Jkt 200001

entities. Accordingly, the proposed
amendments are not subject to theregulatory analysis or otherrequirements of 5 U.S.C. 603 and 604.
Paperwork Reduction Act
The collection of information
contained in § 103.31 has previously
been approved by the Office ofManagement and Budget (OMB) in
accordance with the requirements of thePaperwork Reduction Act of 1995 (44U.S.C. 3507) under control number
1515–0124 (Disclosure by Customs of
information on cargo declarations ofinward vessel manifests). This notice ofproposed rulemaking (NPRM) contains
an additional collection of informationthat has been submitted to OMB forreview in accordance with thePaperwork Reduction Act of 1995 (44U.S.C. 3507). An agency may notconduct, and a person is not required torespond to, a collection of information
unless the collection of information
displays a valid control number
assigned by OMB.
The additional collection of
information in this proposed rule
document is contained in § 103.31(d)(i).
This information is required to allow a
party transmitting vessel cargo manifest
information directly to Customs inaccordance with the procedures of§ 4.7(b) of this chapter to submit aconfidentiality certification on behalf ofan importer or consignee. The likely
respondents are businesses such as nonvessel operating common carriers andvessel carriers that must submit to
Customs the information required under
the regulation when choosing to obtainconfidentiality for importers andconsignees.
The estimated burden to the public
resulting from the additional collection
is as follows:
Estimated total annual reporting and/or recordkeeping burden: 250 hours.
Estimated average annual burden per
respondent/recordkeeper: 30 minutes.
Estimated number of respondents
and/or recordkeepers: 500.
Estimated annual frequency of
responses: 1.
Comments on the accuracy of thisburden estimate and suggestions for
reducing this burden should be sent to
the Office of Management and Budget,
Attention: Desk Officer of the
Department of the Treasury, Office ofInformation and Regulatory Affairs,
Washington, DC 20503. A copy should
also be sent to Customs at the address
set forth in the ADDRESSES section of thisdocument.

PO 00000

Frm 00006

Fmt 4702

Sfmt 4702

Drafting Information
The principal author of this document
was Bill Conrad, Office of Regulations
and Rulings, U.S. Customs Service.
However, personnel from other offices
contributed in its development.
List of Subjects in 19 CFR Part 103
Administrative practice andprocedure; Confidential businessinformation, Electronic filing, Freedomof Information, Imports, Reporting andrecordkeeping requirements.
Proposed Amendments to theRegulations
For the reasons stated in thepreamble, Part 103 of the Customs
Regulations (19 CFR Part 103) is
proposed to be amended as follows:
PART 103—AVAILABILITY OF
INFORMATION
1. The general authority citation forpart 103 and the specific authority
citation for § 103.31 continue to read as
follows:
Authority: 5 U.S.C. 301; 552, 552a; 19
U.S.C. 66, 1624; 31 U.S.C. 9701.

Section 103.31 also issued under 19
U.S.C. 1431;
*
*
*
*
*
2. Section 103.31 is proposed to beamended by revising paragraph (d)(1)(i)to read as follows:§ 103.31 Information on vessel manifests
and summary statistical reports.

*

*
*
*
*
(d) Confidential treatment—(1)Inward manifest. * * *(i) An importer or consignee, or
authorized employee, attorney orofficial of the importer or consignee,must submit a certification (as describedin paragraph (d)(1)(ii) of this section) toclaim confidential treatment of the data
set forth in paragraph (d)(1) of thissection. In addition, a party that either
electronically directly transmits, or uses
a service provider to transmit, theCustoms Form 1302 Cargo Declaration
to Customs in accordance with theprocedures of § 4.7(b) of this chapter
may submit a certification to claim
confidential treatment of the data set
forth in paragraph (d)(1) of this section
on behalf of an importer or consignee if
the importer or consignee designates
such party as its attorney-in-factauthorized to submit a certification on
the importer’s or consignee’s behalf. The
party so designated/authorized must
provide Customs with a letter ofauthorization signed by the importer or
consignee, or its authorized employee,
attorney or official, to support any

E:\FR\FM\09JAP1.SGM

09JAP1Federal Register / Vol. 68, No. 6 / Thursday, January 9, 2003 / Proposed Rules
submission of a certification under thisparagraph.
*
*
*
*
*
Robert C. Bonner,
Commissioner of Customs.
Approved: January 3, 2003.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 03–363 Filed 1–8–03; 8:45 am]
BILLING CODE 4820–02–P

ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 69[GU02–02; FRL–7433–4]

Clean Air Act Interim Approval of theAlternate Permit Program; Territory of
Guam
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to grantinterim approval of the alternate permit
program submitted by the Territory of
Guam (Guam). In EPA’s November 13,
1996 direct final rule, EPA granted
Guam, as well as owners and operatorsof certain sources within Guam, an
exemption from title V requirements on
the condition that Guam promulgate
and administer an approved alternative
permit program. EPA granted these
conditional exemptions under theauthority of section 325 of the Clean Air
Act (Act). Interim approval of Guam’s
alternate permit program will allow
sources to be permitted under anapproved alternate permit program
while also requiring Guam to makeadditional submissions to fulfill all of
the requirements of the conditional
exemption.
In the rules and regulations section ofthis Federal Register, we are granting
interim approval of these local rules as
Guam’s alternate permit program in a
direct final action without priorproposal because we believe this action
is not controversial and do not
anticipate adverse comment. A detailed
rationale for this approval is set forth in
the direct final rule. If we do not receive
adverse comments, no further activity isplanned. If EPA receives adverse
comments, however, we will publish atimely withdrawal of the direct final
action and address the comments in a
subsequent final action based on this
proposed rule. We will not open asecond comment period, so anyone
interested in commenting should do soat this time.

VerDate Dec<13>2002

15:23 Jan 08, 2003

Jkt 200001

DATES: Any comments on this proposal
must arrive by March 10, 2003.
ADDRESSES: Mail comments to Gerardo
Rios, Chief of the Permits Office (AIR–3), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901.
Copies of the submitted program andother supporting information used in
evaluating the alternate permit program
are available for inspection during
normal business hours at the following
location: Pacific Insular Area Program,
U.S. EPA-Region IX (CMD–5), 75
Hawthorne Street, San Francisco,California 94105.
FOR FURTHER INFORMATION CONTACT: Ben
Machol, EPA Region IX, at (415) 972–
3770, (Machol.Ben@epa.gov), PacificInsular Area Program, or Robert Baker,
at (415) 972–3979,(Baker.Robert@epa.gov) Permits Office,
Air Division, at the EPA-Region IX
address listed above.
SUPPLEMENTARY INFORMATION: See theinformation provided in the direct final
rule of the same title which is locatedunder the rules and regulations sectionof this Federal Register.

Dated: December 17, 2002.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 03–120 Filed 1–8–03; 8:45 am]
BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIORFish and Wildlife Service
50 CFR Part 18
RIN 1018–AH86

Florida Manatees; Incidental Take
During Specified Activities; Extensionof Public Comment Period
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; extension of
public comment period.
SUMMARY: We, the U.S. Fish andWildlife Service, provide notice that the
public comment period for the proposed
regulations that would authorize for the
next five years the incidental,
unintentional take of a small number ofFlorida manatees (Trichechus manatus
latirostris) resulting from government
activities related to watercraft andwatercraft access facilities is extended
to allow all interested parties to submit
written comments on the proposal andthe draft environmental impact
statement. Comments previously
submitted during the comment period

PO 00000

Frm 00007

Fmt 4702

Sfmt 4702

1175

need not be resubmitted as they will beincorporated into the public record andwill be fully considered in the final
determination on the proposal.
DATES: The original comment period isscheduled to close on January 13, 2003.
The comment period is hereby extended
until January 27, 2003. Comments fromall interested parties must be received
by the closing date. Any comments thatare received after the closing date may
not be considered in the final decisionon this proposal.
ADDRESSES: If you wish to comment,
you may submit your comments by any
one of the following methods:
1. You may submit written comments
and information to the Field Supervisor,
Jacksonville Field Office, U.S. Fish andWildlife Service, 6620 Southpoint Drive
South, Suite 310, Jacksonville, Florida
32216.
2. You may hand-deliver writtencomments to our Jacksonville Field
Office, at the above address, or fax yourcomments to 904/232–2404.
3. You may send comments byelectronic mail (e-mail) to
manatee@fws.gov. For directions on
how to submit electronic comment files,
see the ‘‘Public Comments Solicited’’section.
We request that you identify whether
you are commenting on the proposed
rule or draft environmental impact
statement. Comments and materials
received, as well as supporting
documentation used in the preparationof this proposed rule, will be available
for public inspection, by appointment,
during normal business hours from 8
a.m. to 4:30 p.m. Monday throughFriday, at the above address. You may
obtain copies of the draft environmental
impact statement from the above
address or by calling 904/232–2580, orfrom our Web site at http://
northflorida.fws.gov. Information
regarding this proposal is available inalternative formats upon request.
FOR FURTHER INFORMATION CONTACT: Pete
Benjamin, Assistant Field Supervisor(see ADDRESSES section), telephone 904/
232–2580; or visit our Web site at http://northflorida.fws.gov.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act(MMPA) of 1972 (16 U.S.C. 1361–1407)
sets a general moratorium, with certain
exceptions, on the taking andimportation of marine mammals andmarine mammal products and makes it
unlawful for any person to take, possess,transport, purchase, sell, export, or offer
to purchase, sell, or export, any marine
mammal or marine mammal product

E:\FR\FM\09JAP1.SGM

09JAP1