[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52675-52677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24668]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Parts 4, 122, 123, and 192

[CBP Dec. 09-39]


Technical Correction To Remove Obsolete Compliance Date 
Provisions From Electronic Cargo Information Regulations

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule; technical correction.

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SUMMARY: This final rule removes the compliance date provisions of 
various sections of the CBP regulations pertaining to mandatory advance 
electronic transmission of in-bound and out-bound cargo information. As 
all the provisions requiring advance electronic transmission of cargo 
information are now in effect because the various dates or events 
described in the compliance date paragraphs triggering the compliance 
date have occurred, the compliance date paragraphs are now obsolete.

DATES: The rule is effective on October 14, 2009.

FOR FURTHER INFORMATION CONTACT: Gregory Olsavsky, Director, Cargo 
Control Division, Office of Field Operations, 202-344-1049.

SUPPLEMENTARY INFORMATION:

Background

    As circumstances warrant, CBP sometimes publishes a regulation (a 
final or interim final rule) that delays its compliance date, or the 
compliance date for one or more of its provisions, until a future date 
and/or the occurrence of one or more specified events. When the 
condition or conditions precedent has been met, the provision becomes 
out of date and obsolete. This final rule removes several obsolete 
compliance date provisions from several sections of the CBP 
regulations.
    Each compliance date provision being amended in this technical 
correction involves a final rule that was promulgated pursuant to 
section 343(a) of the Trade Act of 2002, as amended by the Maritime 
Security Act (19 U.S.C. 2071 note) (hereafter, section 343(a) of the 
Act). The final rule was published in the Federal Register (68 FR 
68140) on December 5, 2003. Section 343(a) of the Act mandates the 
collection of cargo information through a CBP-approved electronic data 
interchange system before cargo is brought into or departs from the 
United States by any mode of commercial transportation (sea, air, rail, 
truck). This requirement spawned new sections of the regulations (19 
CFR 122.48a, 123.91, 123.92, and 192.14) and required amendment of an 
existing section (19 CFR 4.7) to implement the law. Four of the five 
sections pertain to the advance electronic transmission requirement for 
cargo arriving in the United States by vessel carrier, air carrier, 
rail carrier, and truck carrier, and the fifth section pertains to this 
requirement for cargo departing from the United States onboard all 
modes of transportation. Because some carriers were not yet automated 
(with systems capable of electronic transmission through the 
appropriate CBP-approved data interchange system) or CBP had to upgrade 
its system, the new and amended regulations were drafted to contain a 
compliance date provision that delayed the date the carriers would be 
required to comply with the mandatory electronic transmission 
requirements. Over time, the compliance dates for these five sections 
of the CBP regulations have taken effect, rendering these provisions 
obsolete.

Changes Made in This Final Rule

    This final rule amends the following five sections of the CBP 
regulations to remove from each an obsolete compliance date provision:

19 CFR 4.7

    Under 19 CFR 4.7, applicable to commercial vessels transporting 
cargo to the United States, CBP must receive the CBP-approved 
electronic equivalent of the vessel's cargo declaration 24 hours before 
the cargo is laden aboard the vessel at the foreign port (19 CFR 
4.7(b)(2)). This section also sets forth other requirements, such as 
information to be transmitted, and a compliance date. Under 19 CFR 
4.7(b)(5), vessel carriers (and non-vessel operating common carriers 
electing to participate) must comply with the requirement to make 
electronic transmissions under paragraph (b)(2) within 90 days of 
December 5, 2003 (the date the implementing final rule was published) 
at all ports of entry in the United States.
    Inasmuch as the compliance date has passed, this final rule removes 
paragraph (b)(5) from this section and makes a conforming change to 
paragraph (b)(2).

19 CFR 122.48a

    Under 19 CFR 122.48a, applicable to commercial air carriers 
transporting cargo to the United States, CBP must electronically 
receive from an inbound air carrier (or from another party authorized 
under paragraph (c)(1) of this section) certain information concerning 
incoming cargo. In the case of flights departing directly to the United 
States from any port or place in North America, CBP must receive the 
information no later than the aircraft's departure and, for flights 
departing from any other foreign port or place, no later than 4 hours 
prior to the aircraft's arrival in the United States. Section 122.48a 
sets forth other requirements, including the information to be 
transmitted and a compliance date.
    Under 19 CFR 122.48a(e)(1), air carriers must comply with the 
requirement to transmit cargo information to CBP electronically on and 
after March 4, 2004. Under 19 CFR 122.48a(e)(2), CBP may delay the 
compliance date set forth in paragraph (e)(1) of this section in 
certain circumstances (that need not be specified here). Under this 
paragraph (e)(2), CBP would announce any such delays in the Federal 
Register. As the March 4, 2004, compliance date was not delayed, no 
announcements of delay were published.
    Inasmuch as the compliance date for all air carriers has passed, 
this final rule removes paragraph (e) from this section and makes a 
conforming change to paragraph (a).

19 CFR 123.91

    Under 19 CFR 123.91, applicable to U.S. bound railroad trains with 
commercial cargo aboard, CBP must electronically receive from the rail 
carrier certain information concerning the incoming cargo. CBP must 
receive the information no later than 2 hours prior to the cargo's 
arrival at the first port of arrival in the United States (19 CFR 
123.91(a)). This section also sets forth other requirements, including 
exceptions, the information to be submitted, and a compliance date. 
Under 19 CFR 123.91(e), carriers are required to comply with the 
section's electronic transmission requirements 90 days from the date 
that CBP publishes notice in the Federal Register informing carriers 
that the electronic data interchange system for transmission of cargo 
information is operational at the affected port(s).
    On April 12, 2004, CBP published a notice in the Federal Register 
(69 FR 19207) providing a schedule of dates by which the electronic 
data interchange

[[Page 52676]]

system would be implemented, in three phases, at the various affected 
ports of entry. Phase one was for implementation at the ports that were 
already system-operational, and subsequent phases would follow at other 
ports, as set forth in the 2004 notice. Accordingly, the carriers 
commenced advance electronic transmissions at those ports by the 
specified dates, each of which was set at least 90 days after 
publication of the 2004 notice. The implementation was complete at all 
ports in 2004, rendering 19 CFR 123.91(e) obsolete. Therefore, this 
final rule amends 19 CFR 123.91 by removing paragraph (e) and making a 
conforming change to paragraph (a).

19 CFR 123.92

    Under 19 CFR 123.92, applicable to U.S. bound trucks with 
commercial cargo aboard, CBP must electronically receive from the truck 
carrier certain information concerning the incoming cargo. CBP must 
receive the information, depending on the electronic system employed by 
the carrier, no later than 30 minutes or one hour, or a lesser 
authorized period, prior to the cargo's arrival at the first port of 
arrival in the United States (19 CFR 123.92(a)). This section also sets 
forth other requirements, including exceptions, the information to be 
submitted, and a compliance date. Under 19 CFR 123.92(e), carriers are 
required to comply with these electronic transmission requirements on 
and after 90 days from the date that CBP publishes a notice in the 
Federal Register announcing the operability of the electronic 
interchange system at the affected port(s) and that the carriers must 
commence presenting the required cargo information through that system.
    CBP published a series of notices (cited below) in the Federal 
Register announcing the operability of the electronic system at the 
various affected ports and the dates by which carriers were to commence 
electronic transmissions at those ports, each date being at least 90 
days from publication of the notice. All such ports have been system 
operational, and all carriers have been complying with the regulation's 
requirements, since February 11, 2008. As all the compliance dates have 
taken effect, CBP is amending 19 CFR 123.92 to remove the obsolete 
compliance date provision of paragraph (e) and making a conforming 
change to paragraph (a). (See 69 FR 51007, August 17, 2004; 71 FR 
62922, October 27, 2006; 72 FR 2435, January 19, 2007; 72 FR 8109, 
February 23, 2007; 72 FR 18574, April 13, 2007; 72 FR 25965, May 8, 
2007; 72 FR 63805, November 3, 2007.)

19 CFR 192.14

    Under 19 CFR 192.14, applicable to all carrier modes departing the 
United States transporting commercial cargo, carriers are required to 
file export cargo information electronically through the Automated 
Export System (AES) prior to departure, as follows: 24 hours prior to 
departure for vessel carriers, 2 hours prior to departure for air 
carriers, one hour before arrival at the border for truck carriers, and 
two hours before arrival at the border for rail carriers. Section 
192.14(e), provides that these mandatory electronic (AES) filing 
requirements are to be implemented concurrent with the completion of 
the redesign of CBP's AES commodity module and the effective date of a 
Department of Commerce (DOC) rulemaking pertaining to mandatory 
electronic filing of export cargo information. Section 192.14(e) also 
requires CBP to publish a notice in the Federal Register announcing the 
compliance date.
    CBP completed the design of the AES module in 2004, and, on June 2, 
2008, the DOC published in the Federal Register (73 FR 31548) U.S. 
Census Bureau regulations pertaining to mandatory electronic 
transmission of export cargo information, with an effective date of 
July 2, 2008, and an implementation date of September 30, 2008. Thus, 
on June 9, 2008, CBP published a general notice in the Federal Register 
(73 FR 32466) announcing a September 30, 2008 compliance date for the 
electronic transmission requirements of 19 CFR 192.14. This rendered 
the compliance date provision of 19 CFR 192.14(e) obsolete. 
Accordingly, this final rule amends 19 CFR 192.14 by removing paragraph 
(e) and making a conforming change to paragraph (a).

Inapplicability of Notice and Comment and Delayed Effective Date

    Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), CBP has determined that 
it would be impracticable, unnecessary, and contrary to the public 
interest to delay publication of this rule in final form, pending an 
opportunity for public comment, and that there is good cause for this 
final rule to become effective immediately upon publication. The 
technical corrections in this rule merely remove from five sections of 
the regulations compliance date provisions that have become obsolete 
for the reason that the date or event that triggers the compliance date 
in each section has passed.

The Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. Also, this amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

Signing Authority

    The signing authority for this final rule document falls under 19 
CFR 0.2(a) pertaining to the authority of the Secretary of Homeland 
Security (or his or her delegate) to prescribe regulations not related 
to customs revenue functions.

List of Subjects

19 CFR Part 4

    Customs duties and inspection, Freight, Maritime carriers, 
Reporting and recordkeeping requirements, Vessels.

19 CFR Part 122

    Air carriers, Aircraft, Customs duties and inspection, Freight, 
Reporting and recordkeeping requirements, Security measures.

19 CFR Part 123

    Customs duties and inspection, Freight, Motor carriers, Railroads, 
Reporting and recordkeeping requirements.

19 CFR Part 192

    Aircraft, Exports, Motor vehicles, Reporting and recordkeeping 
requirements, Vessels.

Amendments to the Regulations

0
For the reasons set forth in the preamble, parts 4, 122, 123 and 192 of 
title 19, Code of Federal Regulations (19 CFR parts 4, 122, 123, and 
192) are amended as follows:

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

0
1. The general authority citation for part 4 and the specific authority 
citation for section 4.7 continue to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 
2071 note; 46 U.S.C. 60105.
* * * * *

    Section 4.7 also issued under 19 U.S.C. 1581(a);
* * * * *

[[Page 52677]]

Sec.  4.7  [Amended]

0
2. Amend Sec.  4.7 by removing from the first sentence of paragraph 
(b)(2) the words ``subject to the effective date provided in paragraph 
(b)(5) of this section,'' and removing paragraph (b)(5).

PART 122--AIR COMMERCE REGULATIONS

0
3. The general authority citation for part 122 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *


Sec.  122.48a  [Amended]

0
4. Amend Sec.  122.48a by removing from the first sentence of paragraph 
(a) the words ``and subject to paragraph (e) of this section,'' and 
removing paragraph (e).

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

0
5. The general authority citation for part 123 continues to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i)), Harmonized 
Tariff Schedule of the United States (HTSUS), 1431, 1433, 1436, 
1448, 1624, 1646c, 2071 note.
* * * * *


Sec.  123.91  [Amended]

0
6. Amend Sec.  123.91 by removing from the first sentence of paragraph 
(a) the words ``and subject to paragraph (e) of this section,'' and 
removing paragraph (e).


Sec.  123.92  [Amended]

0
7. Amend Sec.  123.92 by removing from the first sentence of paragraph 
(a) the words ``and subject to paragraph (e) of this section,'' and 
removing paragraph (e).

PART 192--EXPORT CONTROL

0
8. The general authority citation for part 192 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1624, 1646c. Subpart A also issued 
under 19 U.S.C. 1627a, 1646a, 1646b; subpart B also issued under 13 
U.S.C. 303; 19 U.S.C. 2071 note; 46 U.S.C. 91.
* * * * *


Sec.  192.14  [Amended]

0
9. Amend Sec.  192.14 by removing from the first sentence of paragraph 
(a) the words ``and subject to paragraph (e) of this section,'' and 
removing paragraph (e).

    Dated: October 8, 2009.
Jayson P. Ahern,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E9-24668 Filed 10-13-09; 8:45 am]
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