[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24185-24189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08664]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[Docket No. USCBP-2022-0017]


Request for Information on U.S. Customs and Border Protection 
Processes, Programs, Regulations, Collections of Information and 
Policies Pursuant to 19 CFR Part I

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

ACTION: Request for information.

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SUMMARY: U.S. Customs and Border Protection (CBP) is issuing this 
Request for Information (RFI) to receive input from the public on 
specific CBP processes, programs, regulations, collections of 
information, and policies for the agency to consider modifying, 
streamlining, expanding, or repealing in light of recent executive 
orders. This RFI is intended to ensure that CBP processes, programs, 
regulations, collections of information, and policies issued under 
CBP's regulations, authority contain necessary, properly tailored, and 
up-to-date requirements that effectively achieve CBP's mission in a 
manner that furthers the goals of advancing equity for all, including 
those in underserved communities; protecting public health and the 
environment; restoring science; and bolstering resilience from the 
effects of climate change, particularly for those disproportionately 
affected by climate change, and promoting and protecting our public 
health and the environment by advancing and prioritizing environmental 
justice.

DATES: Written comments are requested on or before June 21, 2022. 
Comments received after this date will be considered for future 
advisory, communicative, and outreach efforts to the extent 
practicable.

ADDRESSES: Please submit any comments, identified by Docket No. USCBP-
2022-0017, by one of the following methods:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments via Docket No. USCBP-
2022-0017.
    <bullet> Mail: Trade and Commercial Regulations Branch, Office of 
Trade, U.S. Customs and Border Protection, 90 K Street NE, 10th Floor, 
Washington, DC 20229-1177.
    Instructions: All submissions received must include the agency name 
and docket number for this Request for Information. All comments 
received by mail will be posted without change to https://www.regulations.gov, including any personal information provided. For 
detailed instructions on submitting comments and additional information 
on the rulemaking process, see the Public Participation heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov. Due to the 
relevant COVID-19-related restrictions, CBP has temporarily suspended 
on-site public inspections of the public comments.

FOR FURTHER INFORMATION CONTACT: Marty Chavers, Deputy Executive 
Director, Office of Policy, U.S. Customs and Border Protection, (202) 
325-1395, or <a href="/cdn-cgi/l/email-protection#460504166b1613040a0f056b14000f6b17130315120f0908150625243668222e3568212930"><span class="__cf_email__" data-cfemail="f7b4b5a7daa7a2b5bbbeb4daa5b1bedaa6a2b2a4a3beb8b9a4b7949587d9939f84d9909881">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Interested persons are invited to comment on this notice by 
submitting written data, views, or arguments using a method identified 
in the ADDRESSES section.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Comments that will provide the most 
assistance to U.S. Custom and Border Protection (CBP) will reference 
the specific portion of the Request for Information (RFI) that is being 
addressed, explain the reason(s) for any recommended changes to CBP 
processes, programs, regulations, collections of information, and 
policies, and include data, information, or authorities that support 
any recommended changes.
    All comments received will be posted without change to https://www.regulations.gov. Commenters are encouraged to identify, by number, 
the specific question or questions to which they are responding.
    Docket: For access to the docket to read comments, go to https://www.regulations.gov.

II. Background

    On January 20, 2021, the President issued Executive Order 13985, 
``Advancing Racial Equity and Support for Underserved Communities 
Through the Federal Government'' (E.O. 13985),\1\ designed to pursue a 
comprehensive approach to advancing equity for all, including people of 
color and others who have been historically underserved, marginalized, 
and adversely affected by persistent poverty and inequality. E.O. 13985 
defines ``equity'' as ``the consistent and systemic fair, just, and 
impartial treatment of all individuals, including individuals who 
belong to underserved communities that have been denied such treatment, 
such as: Black, Latino, and Indigenous and Native American persons, 
Asian Americans and Pacific Islanders and other persons of color; 
members of religious minorities; lesbian, gay, bisexual, transgender, 
and queer (LGBTQ+) persons; persons with disabilities; persons who live 
in rural areas; and persons otherwise adversely affected by persistent 
poverty or inequality.'' E.O. 13985 further defines

[[Page 24186]]

``underserved communities'' as ``populations sharing a particular 
characteristic, as well as geographic communities, that have been 
systematically denied a full opportunity to participate in aspects of 
economic, social, and civic life, as exemplified by the list in the . . 
. definition of `equity.' ''
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    \1\ 86 FR 7009 (Jan. 25, 2021).
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    E.O. 13985 requires each agency to assess whether, and to what 
extent, its programs and policies perpetuate systemic barriers to 
opportunities and benefits for people of color and other underserved 
groups with the goal of developing policies and programs that deliver 
resources and benefits equitably to all. This executive order requires 
agencies to consult with members of communities that have been 
historically underrepresented in the Federal Government and underserved 
by, or subject to discrimination in, Federal policies and programs.
    Also on January 20, 2021, the President issued Executive Order 
13990 ``Protecting Public Health and the Environment and Restoring 
Science to Tackle the Climate Crisis'' (E.O. 13990).\2\ This executive 
order requires agencies to review and take action to address the 
promulgation of Federal regulations and other actions in conflict with 
the objectives of improving public health and protecting the 
environment by, among other things, bolstering resilience to the 
effects of climate change. In taking these actions, agencies were 
directed to seek input from the public and stakeholders, including 
State, local, Tribal, and territorial officials, scientists, labor 
unions, environmental advocates, and environmental justice groups.
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    \2\ 86 FR 7037 (Jan. 25, 2021).
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    Subsequently, on January 27, 2021, the President issued Executive 
Order 14008 ``Tackling the Climate Crisis at Home and Abroad'' (E.O. 
14008).\3\ This executive order directs agencies to move quickly to 
build resilience, at home and abroad, against effects of climate change 
and to prioritize action on climate change in policymaking. This 
executive order specifically directs the Secretary of Homeland Security 
to consider the implications of climate change to the Arctic, along our 
Nation's borders, and to National Critical Functions, including any 
relevant information from the Climate Risk Analysis, in developing 
strategy, planning and programming. Additionally, the executive order 
directs agencies that engage in extensive international work to develop 
strategies and plans for integrating climate considerations into their 
international work, as appropriate and consistent with applicable law. 
To facilitate these actions, agencies are required to engage with 
State, local, Tribal, and territorial governments; workers and 
communities; and leaders across all sectors of our economy.
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    \3\ 86 FR 7619 (Feb. 1, 2021).
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    These executive orders are consistent with the mandates found in 
other executive orders such as Executive Order 13563 (January 18, 
2011), ``Improving Regulation and Regulatory Review,'' which directs 
agencies to ``identify the best, most innovative, and least burdensome 
tools for achieving regulatory ends.'' \4\ Executive Order 13563 is 
affirmed in the President's Memorandum of January 20, 2021, Modernizing 
Regulatory Review.\5\ Further, Executive Order 13707 (September 15, 
2015), ``Using Behavioral Insights to Better Serve the American 
People,'' directs agencies to design ``programs and policies to reflect 
our best understanding of how people engage with, participate in, use, 
and respond to those policies and programs.'' \6\ Executive Order 13707 
is affirmed in the President's Memorandum of January 27, 2021, 
Restoring Trust in Government through Scientific Integrity and 
Evidence-Based Policymaking.\7\
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    \4\ 76 FR 3821 (Jan. 21, 2011).
    \5\ 86 FR 7223 (Jan. 26, 2021).
    \6\ 80 FR 56365 (Sep. 18, 2015).
    \7\ 86 FR 8845 (Feb. 10, 2021).
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    Pursuant to these executive orders and presidential memoranda, CBP 
is issuing this RFI to gather information on the extent to which the 
existing agency processes, programs, regulations, collections of 
information, and policies under the authority of title 19 of the CFR, 
chapter I: (1) Perpetuate systemic barriers to opportunities and 
benefits for people of color and other underserved groups; (2) do not 
bolster resilience to the effects of climate change; and (3) address 
the disproportionately high and adverse climate-related effects on 
disadvantaged communities. Among other things, CBP seeks concrete 
information about unnecessary or unjustified administrative burdens 
that may create systemic barriers to the importation of merchandise 
into the United States.
    It is important to note that CBP continually evaluates its programs 
and policies, as well as its regulatory framework, for rules that are 
candidates for modification, streamlining, expansion, or repeal. CBP 
does so through legally mandated review requirements (e.g., Unified 
Agenda reviews, 5 U.S.C. 601, et seq., and reviews under section 610 of 
the Regulatory Flexibility Act, 5 U.S.C. 610) and through other 
informal and long-established mechanisms (e.g., use of Federal Advisory 
Committees such as the Commercial Customs Operations Advisory Committee 
(COAC), feedback from CBP field personnel, input from internal working 
groups, and outreach to regulated entities and the public). This 
Federal Register notice supplements these existing, extensive CBP 
regulatory and program review efforts.

III. CBP's Operational Programs

    CBP operates in 106 countries; serves at 328 ports of entry within 
the United States; safeguards roughly 7,000 miles of land border and 
95,000 miles of shoreline; and patrols the associated air and maritime 
spaces. On a typical day in fiscal year (FY) 2021, CBP: Welcomed into 
the United States 121,516 incoming international air passengers and 
crew; 8,094 passengers arriving on ships/boats; 362,078 incoming land 
travelers; stopped more than 264 pests at U.S. ports of entry and 
quarantined 2,548 materials, including plant, meat, animal byproduct, 
and soil; and seized 4,732 pounds of drugs, approximately $342,000 of 
illicit currency, and approximately $9,000,000 worth of merchandise 
that was in violation of the Intellectual Property Rights laws.\8\ As 
part of its law enforcement function, on a typical day in FY 2021, CBP 
conducted 1,703 apprehensions between U.S. ports of entry; 25 arrests 
of wanted criminals at U.S. ports of entry; and 723 refusals of 
inadmissible persons at U.S. ports of entry.\9\ As part of its trade 
enforcement and revenue protection responsibilities, on a typical day 
in FY 2021, CBP collected approximately $256 million in duties, taxes, 
and other fees, including approximately $234 million in duties.\10\
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    \8\ https://www.cbp.gov/newsroom/stats/typical-day-fy2021 
(describing CBP's typical activities on an average day from October 
1, 2020 through September 30, 2021, including those conducted during 
the COVID-19 pandemic, as compiled and reported by CBP on January 3, 
2022).
    \9\ Id.
    \10\ Id.
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    CBP's mission is to protect the American people, safeguard our 
borders, and enhance the Nation's economic prosperity. As a part of 
CBP's law enforcement mission, and in order to protect the American 
people and safeguard our borders, it is CBP's policy to prohibit the 
consideration of race or ethnicity in law enforcement, investigation, 
and screening activities, in all but the most exceptional

[[Page 24187]]

circumstances.\11\ To enhance the Nation's economic mission, CBP 
continuously works to develop legal and operational changes that 
embrace 21st Century processes and emerging technologies to better 
secure national and economic security, enhance data integrity, account 
for emerging actors and business practices, and better facilitate trade 
by reducing financial and administrative burdens and constraints in 
customs transactions.
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    \11\ https://www.cbp.gov/about/eeo-diversity/policies/nondiscrimination-law-enforcement-activities-and-all-other-administered (describing CBP Policy on Nondiscrimination in Law 
Enforcement Activities and all other Administered Programs).
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    CBP's core values are vigilance, service to country, and integrity. 
CBP's vision is to enhance the Nation's security through innovation, 
intelligence, collaboration and trust.\12\ The agency carries out its 
trade mission under the authority of title 19 of the CFR, Chapter I 
\13\ through the Air and Marine Operations (AMO), United States Border 
Patrol (BP), Office of Field Operations (OFO), the Office of Trade 
(OT), multiple program offices, and ten regional offices located 
throughout the United States.\14\
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    \12\ https://www.cbp.gov/about.
    \13\ CBP's immigration authority can be found in title 8 of the 
CFR, Chapter I.
    \14\ About CBP [verbar] U.S. Customs and Border Protection.
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    Of CBP's four operational offices (AMO, BP, OFO, and OT), AMO 
applies advanced aeronautical and maritime capabilities and employs its 
unique skill sets to preserve America's security interests. With 1,800 
Federal agents and mission support personnel, 240 aircraft and 300 
marine vessels operating throughout the United States, Puerto Rico, and 
the U.S. Virgin Islands, AMO uses its sophisticated fleets to detect, 
sort, intercept, track and apprehend criminals in diverse environments 
at and beyond U.S. borders. AMO program offices include Operations, 
Mission Support, National Air Security Operations, and Training and 
Safety Standards.
    BP is the primary Federal law enforcement organization responsible 
for preventing terrorists and their weapons from entering the United 
States between official CBP ports of entry. BP is also responsible for 
preventing the illicit trafficking of people and contraband between the 
official ports of entry. BP, which has a work force of more than 20,000 
agents and 2,000 mission support personnel, is specifically responsible 
for patrolling the 6,000 miles of Mexican and Canadian international 
land borders and 2,000 miles of coastal waters surrounding the Florida 
Peninsula and the island of Puerto Rico. Agents work around the clock 
on assignments, in all types of terrain and weather conditions. Agents 
also work in many isolated communities throughout the United States.
    OFO was built upon the legacy U.S. Customs Service and traces its 
history back to when the agency was established on July 31, 1789. On 
March 1, 2003, a majority of employees from the legacy U.S. Customs 
Service were transitioned into CBP under DHS. The merger also included 
and incorporated the separate border inspection functions of the 
Department of Agriculture and the former Immigration and Naturalization 
Service into CBP's OFO. Today, OFO has more than 32,000 employees, 
uniformed and non-uniformed, located throughout the United States and 
around the world. By guarding America's borders, welcoming lawful 
visitors, and facilitating legitimate trade, OFO plays a vital role in 
protecting our national security and ensuring our economic prosperity. 
OFO is comprised of the following program offices: Admissibility and 
Passenger Programs; Agriculture Programs and Trade Liaison; Cargo and 
Conveyance Security; Mission Support; National Targeting Center; 
Operations; and Planning, Program Analysis and Evaluation.
    OFO also houses the 10 CBP Centers of Excellence and Expertise 
(Centers): (1) Agriculture and Prepared Products; (2) Apparel, Footwear 
and Textiles; (3) Automotive and Aerospace; (4) Base Metals; (5) 
Consumer Products and Mass Merchandising; (6) Electronics; (7) 
Industrial and Manufacturing Materials; (8) Machinery; (9) Petroleum, 
Natural Gas and Minerals; and (10) Pharmaceuticals, Health and 
Chemicals.\15\ The Centers are responsible for performing certain trade 
functions and making certain determinations as set forth in particular 
regulatory provisions regarding importations by importers who are 
considered by CBP to be in the industry sector, regardless of the ports 
of entry at which the importations occur. Industry sectors are 
categorized by the Harmonized Tariff Schedule of the United States 
(HTSUS) numbers representing an industry sector.\16\
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    \15\ https://www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory.
    \16\ 19 CFR 101.10.
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    OT consolidates the trade policy, program development, and 
compliance measurement functions of CBP into one office and provides 
uniformity and clarity for the development of CBP's national strategy 
to facilitate legitimate trade. OT manages the design and 
implementation of results-driven strategic initiatives for trade 
compliance and enforcement. OT also directs national enforcement 
responses through effective targeting of goods crossing the border as 
well as strict, swift punitive actions against companies participating 
in predatory trade practices. Through coordination with international 
partners and other U.S. government agencies, OT directs the enforcement 
of intellectual property rights, the identification of risks to detect 
and prevent the importation of contaminated agricultural or food 
products, and the enforcement of trade agreements.
    By promoting trade facilitation through partnership programs, OT 
streamlines the flow of legitimate shipments and fosters corporate 
self-governance as a means of achieving compliance with trade laws and 
regulations. OT's risk-based audit program is used to respond to 
allegations of commercial fraud and to conduct corporate reviews of 
internal controls to ensure importers comply with trade laws and 
regulations. OT provides the legal tools to promote trade facilitation 
and compliance with customs, trade and border security requirements 
through the issuance of all CBP regulations, legally binding advance 
rulings and administrative decisions, informed compliance publications 
(ICPs) and structured programs for external CBP training, and outreach 
on international trade laws and CBP regulations.
    OT is comprised of the following Directorates that interact with 
the public: Operations, Regulations and Rulings, Trade Remedy Law 
Enforcement, Trade Policy and Programs, Trade Transformation Office, 
and Regulatory Audit and Agency Advisory Services. OT directs the 
development and implementation of matters relating to CBP's Priority 
Trade Initiatives (PTIs), which include: (1) Agriculture and Quota; (2) 
Antidumping and Countervailing Duty (AD/CVD); (3) Import Safety; (4) 
Intellectual Property Rights; (5) Revenue; (6) Textiles/Wearing 
Apparel; and (7) Trade Agreements.\17\ In addition to the PTIs, OT is 
responsible for the Single Window (e.g., the Automated Commercial 
Environment), audit programs, and the development of CBP's vision under 
the 21st Century Customs Framework. Additionally, OT has a legal 
responsibility to issue administrative rulings in response to

[[Page 24188]]

requests from the trade community; to respond to petitions for relief 
from the seizure and forfeiture of merchandise and the assessment of 
civil penalties; \18\ to inform the public about CBP trade policies 
through ICPs; \19\ to ensure that its rulings are made publicly 
available through the Customs Rulings Online Search System (CROSS); 
\20\ and to maintain a public directory of recorded trademarks and 
copyrights that receive border enforcement through CBP's e-Recordation 
program.\21\
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    \17\ https://www.cbp.gov/trade/priority-issues.
    \18\ https://www.cbp.gov/trade/programs-administration/penalties.
    \19\ https://www.cbp.gov/trade/rulings/informed-compliance-publications.
    \20\ https://rulings.cbp.gov/home.
    \21\ https://iprr.cbp.gov/; https://iprs.cbp.gov/; https://www.cbp.gov/trade/priority-issues/ipr/protection.
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    There are two offices that provide essential support to CBP's 
operational offices, which are described above. The first is the Office 
of Operations Support, which includes the Laboratories and Scientific 
Services Directorate, Office of Intelligence, Office of International 
Affairs, CBP Watch, Planning, Analysis, and Requirements Evaluation 
Directorate, Law Enforcement Safety and Compliance Directorate, Mission 
Support Division, and Office of the Chief Medical Officer. The second 
is Enterprise Services (ES). The offices under ES, including 
Accountability, Acquisition, Facilities and Asset Management, Human 
Resources Management, Information and Technology, Programming, and 
Training and Development, provide key support for both CBP's frontline 
operators and non-frontline entities.
    CBP seeks specific input from the public regarding the processes, 
programs, regulations, collections of information, and policies 
implemented by its operational and support offices under the 
authorities specified in title 19 of the CFR, chapter I. CBP is seeking 
information and input from the public regarding these key programs and 
the related regulations and policies as part of the agency's efforts to 
ensure that it is operating its programs in compliance with the 
executive orders detailed above.

IV. Public Participation

A. Importance of Public Feedback

    A central tenet of each of the executive orders discussed above is 
the critical and essential role of public input in driving and focusing 
CBP review of its existing processes, programs, regulations, 
collections of information, and policies. Because the effects of 
Federal regulations and policies tend to be widely dispersed in 
society, members of the public are likely to have useful information, 
data, and perspectives on the benefits and burdens of CBP's existing 
processes, programs, regulations, information collections, and 
policies. Given the importance of public input, CBP is seeking specific 
public feedback to facilitate these program reviews in the context of 
equity for all, including those in underserved communities, bolstering 
resilience to the effects of climate change, particularly for those 
disproportionately affected by climate change, and that advance and 
prioritize environmental justice. This is especially of concern in 
these times of racial unrest and uncertainty, and in this period in 
which disasters of many kinds have become more common, and where 
science has been called into question as a reliable factor upon which 
to base our decisions. It is essential to reevaluate CBP's programs to 
reduce unnecessary barriers to participation and effectiveness, and to 
serve all communities, to increase equity.

B. Maximizing the Value of Public Feedback

    This notice contains a list of questions, the answers to which will 
assist CBP in identifying those processes, programs, regulations, 
collections of information, and policies under its title 19 of the CFR, 
chapter I authorities that may benefit from modification, streamlining, 
expansion, or repeal in light of the executive orders. CBP encourages 
public comment on these questions and seeks any other data that 
commenters believe are relevant to CBP's efforts to review whether CBP 
policies and actions: (1) Create or exacerbate barriers to full and 
equal participation by all eligible individuals; (2) rely upon science 
to ensure access to clean air and water; limit exposure to dangerous 
chemicals and pesticides; hold polluters accountable; reduce greenhouse 
emissions; hinder or bolster resilience to the impacts of climate 
change; restore and expand our national treasures and monuments, and 
prioritize both environmental justice and the creation of well-paying 
union jobs to deliver on these goals; and (3) factor the effects of 
climate change in the Arctic, along our Nation's borders, and to 
National critical functions--including climate risks.
    The type of feedback that is most useful to the agency includes 
feedback that identifies specific processes, programs, regulations, 
information collections, and/or policies that could benefit from 
reform; feedback that refers to specific barriers to participation; 
feedback about how to improve risk perception; feedback that offers 
actionable data; and feedback that specifies viable alternatives to 
existing approaches that meet statutory obligations. For example, 
feedback that simply states that a stakeholder feels strongly that CBP 
should change a regulation, but does not contain specific information 
on how the proposed change would affect the costs and benefits of the 
regulation, is much less useful to CBP. CBP is looking for new 
information and new data to support any proposed changes that further 
the goals of advancing equity for all, including those in underserved 
communities, protecting public health and the environment, restoring 
science, and bolstering resilience from the effects of climate change, 
particularly for those disproportionately affected by climate change, 
and advancing and prioritizing environmental justice.
    Highlighted below are a few of those points, noting comments that 
are most useful to CBP, guided by corresponding principles. Commenters 
should consider these principles as they answer and respond to the 
questions in this notice.
    <bullet> Commenters should identify, with specificity, the program, 
regulation, information collection, and/or policy at issue, providing 
the applicable Code of Federal Regulation (CFR) citation where 
appropriate.
    <bullet> Commenters should identify, with specificity, 
administrative burdens, program requirements, information collection 
burdens, waiting time, or unnecessary complexity that may impose 
unjustified barriers in general, or that may have adverse effects on 
equity for all, including individuals who belong to underserved 
communities that have been denied equitable treatment, such as Black, 
Latino, and Indigenous and Native American persons, Asian Americans and 
Pacific Islanders and other persons of color; members of religious 
minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) 
persons; persons with disabilities; persons who live in rural areas; 
and persons otherwise adversely affected by persistent poverty or 
inequality.
    <bullet> Commenters should identify, with specificity, small or 
large reforms that might be justified in light of the risks posed by 
climate change, whether those reforms involve preparedness, mitigation, 
or other steps to reduce suffering.
    <bullet> Commenters should provide specific data that document the 
costs, burdens, and benefits of existing requirements to the extent 
they are available. Commenters might also

[[Page 24189]]

address how CBP can best obtain and consider accurate, objective 
information and data about the costs, burdens, and benefits of existing 
programs and regulations and whether there are existing sources of data 
that CBP can use to evaluate the post-promulgation effects of its 
regulations over time as they affect advancing equity for all, 
including those in underserved communities, protecting public health 
and the environment, restoring science, and bolstering resilience from 
the effects of climate change, particularly for those 
disproportionately affected by climate change and environmental 
justice.
    <bullet> Particularly where comments relate to a program's costs or 
benefits, comments will be most useful if there are data and experience 
under the program available to ascertain the program's actual effect on 
the goals of advancing equity for all, including those in underserved 
communities, protecting public health and the environment, restoring 
science, and bolstering resilience from the effects of climate change, 
particularly for those disproportionately affected by climate change, 
and promoting and protecting our public health and the environment by 
advancing and prioritizing environmental justice.

C. List of Questions for Commenters

    The below non-exhaustive list of questions is meant to assist 
members of the public in the formulation of comments regarding whether 
CBP's policies and actions advance equity for all, including those in 
underserved communities; protect public health and the environment; 
restore science; and bolster resilience from the effects of climate 
change, particularly for those disproportionately affected by climate 
change; and promoting and protecting our public health and the 
environment by advancing and prioritizing environmental justice. This 
list is not intended to restrict the issues that commenters may 
address. CBP compiled a list of specific questions that may be answered 
as if applicable to any of CBP's programs under its title 19 of the 
CFR, chapter I authorities.
Specific Questions
    (1) Are there CBP processes, programs, regulations, information 
collections, forms, required documentation, guidance and/or policies 
that perpetuate systemic barriers to opportunities and benefits for 
people of color and/or other underserved groups as defined in Executive 
Order 13985 and, if so, what are they? How can those programs, 
regulations, and/or policies be modified, expanded, streamlined, or 
repealed to deliver resources and benefits more equitably?
    (2) Are there CBP processes, programs, regulations, information 
collections, forms, required documentation, guidance and/or policies 
that hinder or do not bolster resilience to the effects of climate 
change, particularly for those disproportionately affected by climate 
change, and, if so, what are they? How can those programs, regulations, 
and/or policies be modified, expanded, streamlined, or repealed to 
bolster resilience to the effects of climate change?
    (3) Are there CBP processes, programs, regulations, information 
collections, forms, required documentation, guidance and/or policies 
that do not promote environmental justice? How can those programs, 
regulations, and/or policies be modified, expanded, streamlined, or 
repealed to promote environmental justice?
    (4) Are there CBP processes, programs, regulations, information 
collections, forms, required documentation, guidance and/or policies 
that are unnecessarily complicated or that could be streamlined to 
achieve the objectives of equity for all, including people of color and 
others who have been historically underserved, marginalized, and 
adversely affected by persistent poverty and inequality, so as to 
bolster resilience to climate change and/or address the 
disproportionately high and adverse climate change-related effects on 
disadvantaged communities in more efficient ways? If so, what are they 
and how can they be made less complicated and/or streamlined?
    (5) Are there any CBP regulations and/or policies that create 
duplication, overlap, complexity, or inconsistent requirements within 
CBP programs, other DHS components, or any other Federal Government 
agencies that affect equity, resilience to the effects of climate 
change, and/or environmental justice? If so, what are they and how can 
they be improved or updated to meet the required objectives of racial 
equity, resiliency, and environmental justice?
    (6) Are there existing sources of data that CBP can use to evaluate 
the post-promulgation effects of regulations over time? Or are there 
sources of data that CBP can use to evaluate the effects of CBP 
policies or regulations on equity for all, including individuals who 
belong to underserved communities?
    (7) What successful approaches to advance equity and climate 
resilience have been taken by State, local, Tribal, and territorial 
governments, and in what ways do CBP's programs present barriers or 
opportunities to successful implementation of these approaches?
    CBP notes that this RFI is solely for information and program-
planning purposes. While CBP intends to fully consider all input 
received from the public in response to this RFI, CBP will not respond 
individually to comments and none of the comments submitted will bind 
CBP to take any specific actions.
    Chris Magnus, Commissioner, having reviewed and approved this 
document, is delegating the authority to electronically sign this 
document to Robert F. Altneu, who is the Director of the Regulations 
and Disclosure Law Division for CBP, for purposes of publication in the 
Federal Register.

    Dated: April 19, 2022.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2022-08664 Filed 4-21-22; 8:45 am]
BILLING CODE 9111-14-P


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