Technical Corrections To Remove Obsolete References to Non-Automated Carriers From Electronic Cargo Manifest Regulations and to Update Terminology, 27606-27609 [2011-11248]
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27606
Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Rules and Regulations
soften the effect on any of the protected
classes regarding those provisions of the
rule. Removing the word ‘‘handicap’’
and adding in its place the word
‘‘disability’’ will not affect the protected
groups, but is technical in nature. The
term ‘‘disability’’ is consistent with the
statutory mandate of the ADA.
Executive Order 13175
E.O. 13175 requires Federal agencies
to consult and coordinate with tribes on
a government-to-government basis on
policies that have tribal implications,
including regulations, legislative
comments or proposed legislation, and
other policy statements or actions that
have substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
In late 2010 and early 2011, USDA
engaged in a series of consultative
sessions to obtain input by Tribal
officials or their designees concerning
the impact of this rule on the tribe or
Indian Tribal governments, or whether
this rule may preempt Tribal law.
Reports from these consultations will be
made part of the USDA annual reporting
on Tribal Consultation and
Collaboration. USDA will respond in a
timely and meaningful manner to all
Tribal government requests for
consultation concerning this rule and
will provide additional venues, such as
webinars and teleconferences, to
periodically host collaborative
conversations with Tribal officials or
their designees concerning ways to
improve this rule in Indian country.
Paperwork Reduction Act
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The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; see 5 CFR 1320)
requires the Office of Management and
Budget (OMB) approve all collections of
information by a Federal agency before
they can be implemented. Respondents
are not required to respond to any
collection of information unless it
displays a current valid OMB control
number. This rule does not contain
information collection requirements
subject to approval by OMB under the
Paperwork Reduction Act of 1995.
E-Government Act Compliance
The Food and Nutrition Service is
committed to complying with the
E-Government Act of 2002, to promote
the use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
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Implementation
In accordance with Section 11(c) of
the Food and Nutrition Act of 2008, as
amended by Section 4117 of the FCEA,
the Department is amending 7 CFR
272.6(a) specifically to provide that
State agency administration of the
program must be consistent with the
Americans with Disabilities Act (42
U.S.C. 12101). The Department is also
making a change in terminology to
update a section of SNAP regulations.
The current provision in 7 CFR 272.6
prohibits discrimination on the basis of
‘‘handicap.’’ The prohibition of
discrimination on the basis of handicap
originated in the Rehabilitation Act of
1973, which preceded enactment of the
ADA. However, the ADA uses the term
‘‘disability’’ and most SNAP regulations
use the term ‘‘disabled.’’ Accordingly,
FNS is amending 7 CFR 272.6 to replace
the term ‘‘handicap’’ as a prohibited
basis for discrimination with the term
‘‘disability’’ to conform to the
terminology in the ADA. We are making
a similar change in terminology in 7
CFR 271.6(a), which provides that civil
rights complaints under all the listed
bases are to be handled in accordance
with 7 CFR 272.6.
Finally, the Department is making one
additional change in terminology in this
section of the regulations. The current
7 CFR 272.6 refers to the issuance of
‘‘coupons’’ as one program activity.
Section 825 of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 amended
Section 7(i) of what is now the Food and
Nutrition Act of 2008, 7 U.S.C. 2016(i),
to mandate that all States must convert
from paper coupon systems to an EBT
system. By fiscal year 2004, all State
agencies had converted to EBT.
Accordingly, the Department is using
this opportunity to amend 7 CFR
272.6(a) where it refers to the issuance
of coupons to replace the term
‘‘coupons’’ with the term ‘‘benefits.’’
This rule is effective June 13, 2011.
The ADA requirements were effective
by law on January 26, 1992. The current
provision in 7 CFR 272.6 prohibiting
discrimination on the basis of handicap
has been in effect for over 10 years.
Accordingly, this rule reflects the
statutory provision and the terminology
change consistent with the ADA.
Grant programs—social programs,
Reporting and recordkeeping
requirements.
Fmt 4700
1. The authority citation for part 271
continues to read as follows:
■
Authority: 7 U.S.C. 2011–2036.
§ 271.6
[Amended]
2. In § 271.6, in paragraph (a)(1), the
second sentence is amended by
removing the word ‘‘handicap’’ and
adding in its place the word ‘‘disability’’.
■
PART 272—REQUIREMENTS FOR
PARTICIPATING STATE AGENCIES
3. The authority citation for part 272.1
continues to read as follows:
■
Authority: 7 U.S.C. 2011–2036.
§ 272.6
[Amended]
4. In § 272.6, paragraph (a) is amended
by removing the word ‘‘handicap’’ in the
first sentence and adding in its place the
word ‘‘disability’’ and in the second
sentence by adding the words
‘‘Americans with Disabilities Act of
1990 (42 U.S.C. 12101)’’ immediately
following the words ‘‘the Rehabilitation
Act of 1973 (Pub. L. 93–112, section
504)’’.
■
Dated: May 3, 2011.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2011–11419 Filed 5–11–11; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF HOMELAND
SECURITY
Customs and Border Protection
19 CFR Part 4
[CBP Dec. 11–10]
Technical Corrections To Remove
Obsolete References to NonAutomated Carriers From Electronic
Cargo Manifest Regulations and to
Update Terminology
Customs and Border Protection,
Department of Homeland Security.
ACTION: Final rule.
7 CFR Part 271
Frm 00004
PART 271—GENERAL INFORMATION
AND DEFINITIONS
AGENCY:
List of Subjects
PO 00000
7 CFR Part 272
Alaska, Civil rights, Claims, Grant
programs—social programs, Reporting
and recordkeeping requirements,
Unemployment compensation, Wages.
For the reasons set forth in the
preamble, 7 CFR parts 271 and 272 are
amended as follows:
Sfmt 4700
This document amends the
U.S. Customs and Border Protection
(CBP) regulations concerning the
SUMMARY:
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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Rules and Regulations
mandatory electronic transmission of
inward foreign manifests for vessels
transporting bulk and certain break bulk
cargo to the United States to make
several technical corrections, including
removing obsolete language that refers
to vessel carriers who do not transmit
cargo declaration information
electronically (non-automated carriers).
When CBP amended its regulations to
implement section 343(a) of the Trade
Act of 2002 to require carriers to
transmit advance cargo information
electronically, CBP inadvertently
neglected to remove language in the
cargo manifest regulations that referred
to non-automated bulk and break bulk
vessel carriers. This document also
makes technical changes to related
provisions to clarify the process for
electronically transmitting cargo
declarations to CBP and to clarify and
update terminology.
DATES: Effective Date: May 12, 2011.
FOR FURTHER INFORMATION CONTACT:
George McCray, Chief, Cargo Security,
Carriers, and Immigration Branch,
Regulations & Rulings, Office of
International Trade: (202) 325–0082;
Leslie Bianchi, Commercial Vessel
Program Manager, Manifest and
Conveyance Branch, Office of Field
Operations: (202) 344–2575.
SUPPLEMENTARY INFORMATION:
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Background
Applicable Law
Under 19 U.S.C. 1431, vessel carriers
are required to submit to CBP
information concerning cargo they are
transporting to the United States. Under
19 U.S.C. 1431(d), CBP is authorized to
specify the form for, and the
information required in, the vessel
manifest, as well as the manner of
production for, and the delivery of or
electronic transmittal of, the vessel
manifest. In the aftermath of the terrorist
attacks of September 11, 2001, Congress
passed the Trade Act of 2002 (Pub. L.
107–210, 116 Stat. 933, enacted on
August 6, 2002; 19 U.S.C. 2071 note),
which, as amended by section 108 of the
Maritime Transportation Security Act of
2002 (Pub. L. 107–295, 116 Stat. 2064,
enacted on November 25, 2002),
requires, in section 343(a), that CBP
(then, the U.S. Customs Service)
promulgate regulations to collect cargo
information from any mode of
commercial carrier (sea, air, rail, or
truck) through a CBP-approved
electronic data interchange system. The
CBP-approved electronic data
interchange (transmission) system is the
Automated Manifest System (AMS). The
information required is that which is
determined to be reasonably necessary
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to enable CBP to identify high-risk
shipments so as to ensure cargo safety
and security and prevent smuggling
pursuant to the laws that are enforced
and administered by CBP.
Existing Regulatory Requirements Under
Previous Rulemakings
On October 31, 2002, CBP (then, the
U.S. Customs Service) published a final
rule (2002 final rule) in the Federal
Register (67 FR 66318) amending 19
CFR 4.7 pertaining to vessel manifests to
require the advance filing of cargo
information, electronically or manually,
no later than 24 hours prior to the
cargo’s lading onboard the vessel at the
foreign port (the ‘‘24-hours before
lading’’ filing requirement). The 2002
final rule exempted from the ‘‘24-hours
before lading’’ filing requirement
carriers of bulk cargo and certain
carriers of break bulk cargo whose
applications for the exemption are
approved by CBP (sometimes referred to
as CBP-approved break bulk carriers).1
The 2002 final rule required bulk and
CBP-approved break bulk carriers who
transmit cargo declaration information
electronically (automated carriers) to
make these transmissions 24 hours
before the vessel’s arrival in the United
States (at the U.S. port) and nonautomated bulk and CBP-approved
break bulk carriers to present cargo
declarations upon the vessel’s arrival at
the U.S. port.2 The 2002 final rule was
based primarily on CBP’s longestablished general authority under
19 U.S.C. 1431 to prescribe rules
concerning information required, and
the manner of providing that
information, relative to imported cargo.3
On December 5, 2003, CBP published
a final rule (2003 final rule) in the
1 Under the CBP regulations, bulk cargo is defined
as homogeneous cargo that is stowed loose in the
hold and is not enclosed in any container such as
a box, bale, bag, cask, or the like. Such cargo is also
described as bulk freight. Specifically, bulk cargo is
composed of either free flowing articles such as oil,
grain, coal, ore, and the like, which can be pumped
or run through a chute or handled by dumping, or
articles that require mechanical handling such as
bricks, pig iron, lumber, steel beams, and the like
(19 CFR 4.7(b)(4)(i)). Break bulk cargo is defined in
the regulations as cargo that is not containerized but
which is otherwise packaged or bundled (19 CFR
4.7(b)(4)(ii)). Break bulk cargo is exempted from the
24-hours before lading filing requirement of 19 CFR
4.7(b)(2) upon approval by CBP under 19 CFR
4.7(b)(4)(ii).
2 The current regulation provides that these
carriers must ‘‘present their cargo declarations’’ to
Customs (now CBP) either 24 hours prior to arrival
(electronically) or upon arrival (manually), as
appropriate.
3 In the preamble of the 2002 final rule, CBP
noted section 343(a) of the Trade Act of 2002, then
recently passed into law, and stated that it co-exists
with 19 U.S.C. 1431 within the body of customs law
and that a subsequent rulemaking would
specifically address the section 343(a) provisions.
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27607
Federal Register (68 FR 68140) further
amending 19 CFR 4.7 to implement
section 343(a) of the Trade Act of 2002
which requires CBP to collect, in
advance of arrival in or departure from
the United States, cargo information
from any mode of commercial carrier
(sea, air, rail, or truck) through the CBPapproved electronic data interchange
system. The 2003 final rule retained the
general timing requirements for the
transmission of the cargo information
(generally 24 hours prior to lading at the
foreign port), including the exemption
from this requirement for bulk and CBPapproved break bulk carriers.
Explanation of Amendments
Technical Correction to Remove
Obsolete Language Pertaining to NonAutomated Bulk and Break Bulk
Carriers
When CBP amended its regulations in
2003 to implement section 343(a) of the
Trade Act of 2002, CBP intended to
require all carriers to transmit cargo
information to CBP electronically.
However, CBP neglected to remove
language in 19 CFR 4.7(b)(4) referring to
non-automated bulk and break bulk
vessel carriers. Thus, contrary to the
Trade Act of 2002 and the intent of the
2003 final rule, the current regulation
still provides that these bulk and break
bulk carriers may be non-automated.4
In order to conform the regulation to
the statute’s mandatory electronic
transmission requirement for all
carriers, this technical correction
removes the obsolete reference to nonautomated carriers from 19 CFR
4.7(b)(4). This change will have no
practical effect since there are no longer
any non-automated carriers. All carriers,
including bulk and break bulk carriers,
have been filing cargo information
electronically since at least 2004.
Technical Corrections to Clarify
Electronic Procedures for Bulk and CBPApproved Break Bulk Cargo and to
Update Texts
This technical correction document
also makes several other changes to the
regulations related to the electronic
transmission of vessel cargo information
to clarify the process and to update
terminology. First, various changes
reflecting that ‘‘Customs’’ is now known
as ‘‘CBP’’ are made throughout the
affected provisions. Second, CBP is
4 The preamble to the 2003 final rule indicates
CBP’s intention that the mandatory electronic
transmission requirement applies to bulk and CBPapproved break bulk carriers. In the discussion of
comments section of that rule, CBP states that bulk
and authorized break bulk carriers will be subject
to the electronic transmission requirement under
the rule (68 FR 68145).
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Federal Register / Vol. 76, No. 92 / Thursday, May 12, 2011 / Rules and Regulations
adding the word ‘‘electronic’’ in the
heading for 19 CFR 4.7. Third, CBP is
adding language to 19 CFR 4.7(b)(2) to
make clear that any change to a new
electronic data interchange system
approved by CBP to replace the AMS
system for transmitting cargo
information under this section will be
announced in the Federal Register. This
addition is made in anticipation of the
eventual change from AMS to the
Automated Commercial Environment
(ACE) system or to any other CBPapproved system that might follow for
this purpose in the future.
Fourth, several provisions in 19 CFR
part 4 improperly use the term ‘‘cargo
manifest,’’ ‘‘manifest,’’ or something
similar to refer to the ‘‘cargo
declaration.’’ The cargo declaration is
only one of several documents that
comprise the manifest (see 19 CFR 4.7a).
To alleviate confusion, and because
‘‘cargo declaration’’ (CBP Form 1302) is
the correct term, CBP is substituting
‘‘cargo declaration’’ or something similar
where appropriate. These changes are
made in 19 CFR 4.7(b)(3)(i), (b)(4)(ii)(A),
4.7(e), 4.7a(c)(2)(iii), 4.7a(c)(4), 4.7a(f),
and 4.30(n) (as further explained
below).
Fifth, a few provisions in 19 CFR part
4 reference the general cargo declaration
transmission time requirement of 19
CFR 4.7(b)(2) without also referencing
the alternative transmission time
requirement for exempted bulk and
CBP-approved break bulk carriers in 19
CFR 4.7(b)(4). This is corrected in 19
CFR 4.7a(c)(4)(xv) and 4.8(b).
Sixth, in 19 CFR 4.7(b)(4)(i), CBP is
removing the first sentence as it is
redundant text. The sentence generally
repeats what is stated in the first
sentence of current 19 CFR 4.7(b)(4)—
that carriers of bulk cargo are exempted
with respect to that cargo from the 24
hours before lading filing requirement of
19 CFR 4.7(b)(2).
Seventh, CBP is revising 19 CFR
4.30(n), pertaining to CBP’s withholding
or delaying the issuance of a permit to
unlade due to the failure to transmit
required cargo information. This
provision is outdated because it
provides the option of presenting the
cargo information in paper form. In the
revised paragraph (n), CBP also is
adding references to 19 CFR 4.7(b)(4) to
make it clear that CBP may withhold or
delay the issuance of a permit to unlade,
or deny preliminary entry, for failure to
transmit required cargo information,
whether the information is due within
the time frame specified in 19 CFR
4.7(b)(2) or (b)(4).
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Inapplicability of Notice and Delayed
Effective Date Requirements
Because the technical corrections set
forth in this document merely conform
the regulatory text to existing law,
clarify the text of existing regulations,
and update terminology, CBP finds that
good cause exists for dispensing with
notice and public procedure as
unnecessary under 5 U.S.C. 553(b)(B).
For this same reason, pursuant to 5
U.S.C. 553(d)(3), CBP finds that good
cause exists for dispensing with the
requirement for a delayed effective date.
Regulatory Analyses
Regulatory Flexibility Act
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Executive Order 12866
The amendments made in this
document do not meet the criteria for a
‘‘significant regulatory action’’ as
specified in Executive Order 12866.
Signing Authority
The signing authority for the
amendments of this final rule falls
under 19 CFR 0.2(a). Accordingly, this
document is signed by the Secretary of
Homeland Security (or his/her delegate).
List of Subjects in 19 CFR part 4
Customs duties and inspection,
Freight, Maritime carriers, Reporting
and recordkeeping requirements,
Vessels.
Amendments to the Regulations
For the reasons set forth in the
preamble, part 4 of title 19, Code of
Federal Regulations (19 CFR part 4) is
amended as follows:
PART 4—VESSELS IN FOREIGN AND
DOMESTIC TRADES
1. The general authority citation for
part 4 and specific authority citations
for § 4.7, 4.8, and 4.30 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.
501, 60105.
*
*
*
*
*
Section 4.7 also issued under 19 U.S.C.
1581(a);
*
*
*
*
*
Section 4.8 also issued under 19 U.S.C.
1448, 1486;
*
*
*
*
*
Section 4.30 also issued under 19 U.S.C.
288, 1446, 1448, 1450–1454, 1490;
*
PO 00000
*
*
Frm 00006
*
Fmt 4700
*
Sfmt 4700
2. Section 4.7 is amended by:
a. Revising the heading;
b. In paragraph (a), removing the
words ‘‘Customs Form’’ wherever they
appear and adding in their place the
words ‘‘CBP Form’’ and removing the
words ‘‘Customs and Immigration Form’’
wherever they appear and adding in
their place the words ‘‘CBP Form’’;
■ c. In paragraph (b)(1), removing the
words ‘‘Customs officer’’ and adding in
their place the words ‘‘CBP officer’’;
■ d. In paragraph (b)(2), removing the
words ‘‘Customs Form’’ and adding in
their place the words ‘‘CBP Form’’,
removing the reference to ‘‘§ 4.30(n)(1)’’
and adding in its place ‘‘§ 4.30(n)’’, and
removing the last sentence and adding
in its place two new sentences;
■ e. Revising paragraph (b)(3)(i);
■ f. Revising the introductory text in
paragraph (b)(4);
■ g. In paragraph (b)(4)(i), removing the
first sentence;
■ h. In paragraph (b)(4)(ii)(A), in the
first sentence, removing the words ‘‘U.S.
Customs Service’’ and adding in their
place the words ‘‘U.S. Customs and
Border Protection’’; in the second
sentence, removing the words ‘‘advance
manifest requirement’’ and adding in
their place the words ‘‘advance cargo
declaration requirement’’; and, in the
third sentence, removing the word
‘‘Customs’’ and adding in its place ‘‘CBP’’
■ i. In paragraphs (b)(4)(ii)(B) and (C),
removing the word ‘‘Customs’’ wherever
it appears and adding in its place ‘‘CBP’’;
■ j. In paragraph (d)(1)(ii), removing the
words ‘‘Customs Form 226’’ wherever
they appear and adding in their place
the words ‘‘CBP Form 226’’; and
■ k. In paragraph (e), in the second
sentence, removing the words ‘‘cargo
manifest information to Customs’’ and
adding in their place the words ‘‘cargo
declaration information to CBP’’ and
removing the words ‘‘manifest or data to
Customs’’ and adding in their place the
words ‘‘cargo declaration or data to
CBP’’.
The revisions read as follows:
■
■
■
§ 4.7 Inward foreign manifest; production
on demand; contents and form; advance
electronic filing of cargo declaration.
*
*
*
*
*
(b) * * *
(2) * * * The electronic cargo
declaration information must be
transmitted through the CBP Automated
Manifest System (AMS) or any
electronic data interchange system
approved by CBP to replace the AMS
system for this purpose. Any such
system change will be announced by
notice in the Federal Register.
(3)(i) Where a non-vessel operating
common carrier (NVOCC), as defined in
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paragraph (b)(3)(ii) of this section,
delivers cargo to the vessel carrier for
lading aboard the vessel at the foreign
port, the NVOCC, if licensed by or
registered with the Federal Maritime
Commission and in possession of an
International Carrier Bond containing
the provisions of § 113.64 of this
chapter, may electronically transmit the
corresponding required cargo
declaration information directly to CBP
through the vessel AMS system (or other
system approved by CBP for this
purpose). The information must be
received 24 or more hours before the
related cargo is laden aboard the vessel
at the foreign port (see § 113.64(c) of this
chapter), as provided in paragraph (b)(2)
of this section, or in accordance with
paragraph (b)(4) of this section
applicable to exempted bulk and break
bulk cargo. In the alternative, the
NVOCC must fully disclose and present
the required cargo declaration
information for the related cargo to the
vessel carrier which is required to
present this information to CBP, in
accordance with this section, via the
vessel AMS system (or other CBPapproved system).
*
*
*
*
*
(4) Carriers of bulk cargo as specified
in paragraph (b)(4)(i) of this section and
carriers of break bulk cargo to the extent
provided in paragraph (b)(4)(ii) of this
section are exempt, with respect only to
the bulk or break bulk cargo being
transported, from the requirement set
forth in paragraph (b)(2) of this section
that an electronic cargo declaration be
received by CBP 24 hours before such
cargo is laden aboard the vessel at the
foreign port. With respect to exempted
carriers of bulk or break bulk cargo
operating voyages to the United States,
CBP must receive the electronic cargo
declaration covering the bulk or break
bulk cargo they are transporting 24
hours prior to the vessel’s arrival in the
United States (see § 4.30(n)). However,
for any containerized or non-qualifying
break bulk cargo these exempted
carriers will be transporting, CBP must
receive the electronic cargo declaration
24 hours in advance of loading.
*
*
*
*
*
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§ 4.7a
[Amended]
3. Section 4.7a is amended by:
a. In paragraph (a), removing the
words ‘‘Customs Form’’ and adding in
their place the words ‘‘CBP Form’’;
■ b. In paragraph (b), removing the
words ‘‘Customs Form’’ wherever they
appear and adding in their place the
words ‘‘CBP Form’’ and removing the
words ‘‘Customs and Immigration Form
I–418’’ and adding in their place the
■
■
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words ‘‘CBP Form I–418’’, and, in the
certification language, removing the
word ‘‘Customs’’ and adding in its place
‘‘CBP’’;
■ c. In paragraph (c)(1), removing from
the first parenthetical in the first
sentence the words ‘‘Customs Form 1302
or a Customs-approved electronic
equivalent’’ and adding in their place
the words ‘‘CBP Form 1302 submitted in
accordance with paragraph (b)(2) or
(b)(4) of this section’’;
■ d. In paragraph (c)(2)(ii), removing the
words ‘‘Customs Form’’ wherever they
appear and adding in their place the
words ‘‘CBP Form’’;
■ e. In paragraph (c)(2)(iii), removing
the word ‘‘Customs’’ wherever it appears
and adding in its place ‘‘CBP’’ and, in
the next to last sentence, removing the
words ‘‘discrepancies between manifests
and entries’’ and adding in their place
the words ‘‘discrepancies between cargo
declarations and entries’’;
■ f. In paragraph (c)(3) introductory text,
removing the word ‘‘Customs’’ and
adding in its place ‘‘CBP’’;
■ g. In paragraph (c)(4) introductory
text, removing the words ‘‘cargo
manifest information’’ and adding in
their place the words ‘‘cargo declaration
information’’ and removing the words ‘‘,
either on Customs Form 1302, or on a
separate sheet or Customs-approved
electronic equivalent,’’;
■ h. In paragraph (c)(4)(xv) introductory
text, in the second parenthetical, which
is within the first parenthetical, after the
reference to § 4.7(b)(2), adding ‘‘or
§ 4.7(b)(4)’’ and, in paragraph
(c)(4)(xv)(B), removing the words
‘‘Customs Form (CF) 3171 and adding in
their place the words ‘‘CBP Form 3171’’;
■ i. In paragraph (d), removing the
words ‘‘the Immigration and
Naturalization Service, United States
Department of Justice’’ and adding in
their place the words ‘‘applicable
Department of Homeland Security
(DHS) regulations administered by
CBP’’;
■ j. In paragraph (e)(1), removing the
words ‘‘the Immigration and
Naturalization Service, United States
Department of Justice’’ and adding in
their place the words ‘‘applicable DHS
regulations administered by CBP’’ and,
in the certification language, removing
the word ‘‘Customs’’ wherever it appears
and adding in its place ‘‘CBP’’; and
■ k. In paragraph (f), second sentence,
removing the words ‘‘cargo manifest
information to Customs’’ and adding in
their place the words ‘‘cargo declaration
information to CBP’’.
§ 4.8
■
[Amended]
4. Section 4.8 is amended by:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
27609
a. In paragraph (a), removing the
words ‘‘the Customs Service’’ and
adding in their place the words
‘‘Customs and Border Protection (CBP)’’;
and
■ b. In paragraph (b), removing the word
‘‘Customs’’ wherever it appears and
adding in its place ‘‘CBP’’; in the second
sentence, removing ‘‘(CF)’’; removing the
words ‘‘in the manner provided in
§ 4.7(b)(2)’’ and the words ‘‘in the
manner provided in § 4.7(b)’’ and adding
in both places the words ‘‘in the manner
provided in § 4.7(b)(2) or (4)’’; and, in
the fourth and fifth sentences, removing
‘‘CF’’ and adding in its place the words
‘‘CBP Form’’.
■ 5. In § 4.30, paragraph (n) is revised to
read as follows:
■
§ 4.30 Permits and special licenses for
unlading and lading.
*
*
*
*
*
(n) CBP will not issue a permit to
unlade before it has received the cargo
declaration information pursuant to
§ 4.7(b)(2) or (4) of this part. In cases in
which CBP does not receive complete
cargo declaration information from the
carrier or a NVOCC in the manner,
format, and time frame required by
§ 4.7(b)(2) or (4), as appropriate, CBP
may delay issuance of the permit to
unlade the entire vessel until all
required information is received. CBP
may also decline to issue a permit to
unlade the specific cargo for which a
cargo declaration is not received in a
timely manner under § 4.7(b)(2) or (4).
Further, where a carrier does not
transmit a cargo declaration in the
manner required by § 4.7(b)(2) or (4),
preliminary entry pursuant to § 4.8(b)
will be denied.
Dated: May 4, 2011.
Alan D. Bersin,
Commissioner, U.S. Customs and Border
Protection.
[FR Doc. 2011–11248 Filed 5–11–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9521]
RIN 1545–BG54
Reduction of Foreign Tax Credit
Limitation Categories Under Section
904(d); Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
AGENCY:
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Rules and Regulations]
[Pages 27606-27609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11248]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
19 CFR Part 4
[CBP Dec. 11-10]
Technical Corrections To Remove Obsolete References to Non-
Automated Carriers From Electronic Cargo Manifest Regulations and to
Update Terminology
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations concerning the
[[Page 27607]]
mandatory electronic transmission of inward foreign manifests for
vessels transporting bulk and certain break bulk cargo to the United
States to make several technical corrections, including removing
obsolete language that refers to vessel carriers who do not transmit
cargo declaration information electronically (non-automated carriers).
When CBP amended its regulations to implement section 343(a) of the
Trade Act of 2002 to require carriers to transmit advance cargo
information electronically, CBP inadvertently neglected to remove
language in the cargo manifest regulations that referred to non-
automated bulk and break bulk vessel carriers. This document also makes
technical changes to related provisions to clarify the process for
electronically transmitting cargo declarations to CBP and to clarify
and update terminology.
DATES: Effective Date: May 12, 2011.
FOR FURTHER INFORMATION CONTACT: George McCray, Chief, Cargo Security,
Carriers, and Immigration Branch, Regulations & Rulings, Office of
International Trade: (202) 325-0082; Leslie Bianchi, Commercial Vessel
Program Manager, Manifest and Conveyance Branch, Office of Field
Operations: (202) 344-2575.
SUPPLEMENTARY INFORMATION:
Background
Applicable Law
Under 19 U.S.C. 1431, vessel carriers are required to submit to CBP
information concerning cargo they are transporting to the United
States. Under 19 U.S.C. 1431(d), CBP is authorized to specify the form
for, and the information required in, the vessel manifest, as well as
the manner of production for, and the delivery of or electronic
transmittal of, the vessel manifest. In the aftermath of the terrorist
attacks of September 11, 2001, Congress passed the Trade Act of 2002
(Pub. L. 107-210, 116 Stat. 933, enacted on August 6, 2002; 19 U.S.C.
2071 note), which, as amended by section 108 of the Maritime
Transportation Security Act of 2002 (Pub. L. 107-295, 116 Stat. 2064,
enacted on November 25, 2002), requires, in section 343(a), that CBP
(then, the U.S. Customs Service) promulgate regulations to collect
cargo information from any mode of commercial carrier (sea, air, rail,
or truck) through a CBP-approved electronic data interchange system.
The CBP-approved electronic data interchange (transmission) system is
the Automated Manifest System (AMS). The information required is that
which is determined to be reasonably necessary to enable CBP to
identify high-risk shipments so as to ensure cargo safety and security
and prevent smuggling pursuant to the laws that are enforced and
administered by CBP.
Existing Regulatory Requirements Under Previous Rulemakings
On October 31, 2002, CBP (then, the U.S. Customs Service) published
a final rule (2002 final rule) in the Federal Register (67 FR 66318)
amending 19 CFR 4.7 pertaining to vessel manifests to require the
advance filing of cargo information, electronically or manually, no
later than 24 hours prior to the cargo's lading onboard the vessel at
the foreign port (the ``24-hours before lading'' filing requirement).
The 2002 final rule exempted from the ``24-hours before lading'' filing
requirement carriers of bulk cargo and certain carriers of break bulk
cargo whose applications for the exemption are approved by CBP
(sometimes referred to as CBP-approved break bulk carriers).\1\ The
2002 final rule required bulk and CBP-approved break bulk carriers who
transmit cargo declaration information electronically (automated
carriers) to make these transmissions 24 hours before the vessel's
arrival in the United States (at the U.S. port) and non-automated bulk
and CBP-approved break bulk carriers to present cargo declarations upon
the vessel's arrival at the U.S. port.\2\ The 2002 final rule was based
primarily on CBP's long-established general authority under 19 U.S.C.
1431 to prescribe rules concerning information required, and the manner
of providing that information, relative to imported cargo.\3\
---------------------------------------------------------------------------
\1\ Under the CBP regulations, bulk cargo is defined as
homogeneous cargo that is stowed loose in the hold and is not
enclosed in any container such as a box, bale, bag, cask, or the
like. Such cargo is also described as bulk freight. Specifically,
bulk cargo is composed of either free flowing articles such as oil,
grain, coal, ore, and the like, which can be pumped or run through a
chute or handled by dumping, or articles that require mechanical
handling such as bricks, pig iron, lumber, steel beams, and the like
(19 CFR 4.7(b)(4)(i)). Break bulk cargo is defined in the
regulations as cargo that is not containerized but which is
otherwise packaged or bundled (19 CFR 4.7(b)(4)(ii)). Break bulk
cargo is exempted from the 24-hours before lading filing requirement
of 19 CFR 4.7(b)(2) upon approval by CBP under 19 CFR 4.7(b)(4)(ii).
\2\ The current regulation provides that these carriers must
``present their cargo declarations'' to Customs (now CBP) either 24
hours prior to arrival (electronically) or upon arrival (manually),
as appropriate.
\3\ In the preamble of the 2002 final rule, CBP noted section
343(a) of the Trade Act of 2002, then recently passed into law, and
stated that it co-exists with 19 U.S.C. 1431 within the body of
customs law and that a subsequent rulemaking would specifically
address the section 343(a) provisions.
---------------------------------------------------------------------------
On December 5, 2003, CBP published a final rule (2003 final rule)
in the Federal Register (68 FR 68140) further amending 19 CFR 4.7 to
implement section 343(a) of the Trade Act of 2002 which requires CBP to
collect, in advance of arrival in or departure from the United States,
cargo information from any mode of commercial carrier (sea, air, rail,
or truck) through the CBP-approved electronic data interchange system.
The 2003 final rule retained the general timing requirements for the
transmission of the cargo information (generally 24 hours prior to
lading at the foreign port), including the exemption from this
requirement for bulk and CBP-approved break bulk carriers.
Explanation of Amendments
Technical Correction to Remove Obsolete Language Pertaining to Non-
Automated Bulk and Break Bulk Carriers
When CBP amended its regulations in 2003 to implement section
343(a) of the Trade Act of 2002, CBP intended to require all carriers
to transmit cargo information to CBP electronically. However, CBP
neglected to remove language in 19 CFR 4.7(b)(4) referring to non-
automated bulk and break bulk vessel carriers. Thus, contrary to the
Trade Act of 2002 and the intent of the 2003 final rule, the current
regulation still provides that these bulk and break bulk carriers may
be non-automated.\4\
---------------------------------------------------------------------------
\4\ The preamble to the 2003 final rule indicates CBP's
intention that the mandatory electronic transmission requirement
applies to bulk and CBP-approved break bulk carriers. In the
discussion of comments section of that rule, CBP states that bulk
and authorized break bulk carriers will be subject to the electronic
transmission requirement under the rule (68 FR 68145).
---------------------------------------------------------------------------
In order to conform the regulation to the statute's mandatory
electronic transmission requirement for all carriers, this technical
correction removes the obsolete reference to non-automated carriers
from 19 CFR 4.7(b)(4). This change will have no practical effect since
there are no longer any non-automated carriers. All carriers, including
bulk and break bulk carriers, have been filing cargo information
electronically since at least 2004.
Technical Corrections to Clarify Electronic Procedures for Bulk and
CBP-Approved Break Bulk Cargo and to Update Texts
This technical correction document also makes several other changes
to the regulations related to the electronic transmission of vessel
cargo information to clarify the process and to update terminology.
First, various changes reflecting that ``Customs'' is now known as
``CBP'' are made throughout the affected provisions. Second, CBP is
[[Page 27608]]
adding the word ``electronic'' in the heading for 19 CFR 4.7. Third,
CBP is adding language to 19 CFR 4.7(b)(2) to make clear that any
change to a new electronic data interchange system approved by CBP to
replace the AMS system for transmitting cargo information under this
section will be announced in the Federal Register. This addition is
made in anticipation of the eventual change from AMS to the Automated
Commercial Environment (ACE) system or to any other CBP-approved system
that might follow for this purpose in the future.
Fourth, several provisions in 19 CFR part 4 improperly use the term
``cargo manifest,'' ``manifest,'' or something similar to refer to the
``cargo declaration.'' The cargo declaration is only one of several
documents that comprise the manifest (see 19 CFR 4.7a). To alleviate
confusion, and because ``cargo declaration'' (CBP Form 1302) is the
correct term, CBP is substituting ``cargo declaration'' or something
similar where appropriate. These changes are made in 19 CFR
4.7(b)(3)(i), (b)(4)(ii)(A), 4.7(e), 4.7a(c)(2)(iii), 4.7a(c)(4),
4.7a(f), and 4.30(n) (as further explained below).
Fifth, a few provisions in 19 CFR part 4 reference the general
cargo declaration transmission time requirement of 19 CFR 4.7(b)(2)
without also referencing the alternative transmission time requirement
for exempted bulk and CBP-approved break bulk carriers in 19 CFR
4.7(b)(4). This is corrected in 19 CFR 4.7a(c)(4)(xv) and 4.8(b).
Sixth, in 19 CFR 4.7(b)(4)(i), CBP is removing the first sentence
as it is redundant text. The sentence generally repeats what is stated
in the first sentence of current 19 CFR 4.7(b)(4)--that carriers of
bulk cargo are exempted with respect to that cargo from the 24 hours
before lading filing requirement of 19 CFR 4.7(b)(2).
Seventh, CBP is revising 19 CFR 4.30(n), pertaining to CBP's
withholding or delaying the issuance of a permit to unlade due to the
failure to transmit required cargo information. This provision is
outdated because it provides the option of presenting the cargo
information in paper form. In the revised paragraph (n), CBP also is
adding references to 19 CFR 4.7(b)(4) to make it clear that CBP may
withhold or delay the issuance of a permit to unlade, or deny
preliminary entry, for failure to transmit required cargo information,
whether the information is due within the time frame specified in 19
CFR 4.7(b)(2) or (b)(4).
Inapplicability of Notice and Delayed Effective Date Requirements
Because the technical corrections set forth in this document merely
conform the regulatory text to existing law, clarify the text of
existing regulations, and update terminology, CBP finds that good cause
exists for dispensing with notice and public procedure as unnecessary
under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C.
553(d)(3), CBP finds that good cause exists for dispensing with the
requirement for a delayed effective date.
Regulatory Analyses
Regulatory Flexibility Act
Because this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Executive Order 12866
The amendments made in this document do not meet the criteria for a
``significant regulatory action'' as specified in Executive Order
12866.
Signing Authority
The signing authority for the amendments of this final rule falls
under 19 CFR 0.2(a). Accordingly, this document is signed by the
Secretary of Homeland Security (or his/her delegate).
List of Subjects in 19 CFR part 4
Customs duties and inspection, Freight, Maritime carriers,
Reporting and recordkeeping requirements, Vessels.
Amendments to the Regulations
For the reasons set forth in the preamble, part 4 of title 19, Code
of Federal Regulations (19 CFR part 4) is amended as follows:
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
1. The general authority citation for part 4 and specific authority
citations for Sec. 4.7, 4.8, and 4.30 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. 501, 60105.
* * * * *
Section 4.7 also issued under 19 U.S.C. 1581(a);
* * * * *
Section 4.8 also issued under 19 U.S.C. 1448, 1486;
* * * * *
Section 4.30 also issued under 19 U.S.C. 288, 1446, 1448, 1450-
1454, 1490;
* * * * *
0
2. Section 4.7 is amended by:
0
a. Revising the heading;
0
b. In paragraph (a), removing the words ``Customs Form'' wherever they
appear and adding in their place the words ``CBP Form'' and removing
the words ``Customs and Immigration Form'' wherever they appear and
adding in their place the words ``CBP Form'';
0
c. In paragraph (b)(1), removing the words ``Customs officer'' and
adding in their place the words ``CBP officer'';
0
d. In paragraph (b)(2), removing the words ``Customs Form'' and adding
in their place the words ``CBP Form'', removing the reference to
``Sec. 4.30(n)(1)'' and adding in its place ``Sec. 4.30(n)'', and
removing the last sentence and adding in its place two new sentences;
0
e. Revising paragraph (b)(3)(i);
0
f. Revising the introductory text in paragraph (b)(4);
0
g. In paragraph (b)(4)(i), removing the first sentence;
0
h. In paragraph (b)(4)(ii)(A), in the first sentence, removing the
words ``U.S. Customs Service'' and adding in their place the words
``U.S. Customs and Border Protection''; in the second sentence,
removing the words ``advance manifest requirement'' and adding in their
place the words ``advance cargo declaration requirement''; and, in the
third sentence, removing the word ``Customs'' and adding in its place
``CBP''
0
i. In paragraphs (b)(4)(ii)(B) and (C), removing the word ``Customs''
wherever it appears and adding in its place ``CBP'';
0
j. In paragraph (d)(1)(ii), removing the words ``Customs Form 226''
wherever they appear and adding in their place the words ``CBP Form
226''; and
0
k. In paragraph (e), in the second sentence, removing the words ``cargo
manifest information to Customs'' and adding in their place the words
``cargo declaration information to CBP'' and removing the words
``manifest or data to Customs'' and adding in their place the words
``cargo declaration or data to CBP''.
The revisions read as follows:
Sec. 4.7 Inward foreign manifest; production on demand; contents and
form; advance electronic filing of cargo declaration.
* * * * *
(b) * * *
(2) * * * The electronic cargo declaration information must be
transmitted through the CBP Automated Manifest System (AMS) or any
electronic data interchange system approved by CBP to replace the AMS
system for this purpose. Any such system change will be announced by
notice in the Federal Register.
(3)(i) Where a non-vessel operating common carrier (NVOCC), as
defined in
[[Page 27609]]
paragraph (b)(3)(ii) of this section, delivers cargo to the vessel
carrier for lading aboard the vessel at the foreign port, the NVOCC, if
licensed by or registered with the Federal Maritime Commission and in
possession of an International Carrier Bond containing the provisions
of Sec. 113.64 of this chapter, may electronically transmit the
corresponding required cargo declaration information directly to CBP
through the vessel AMS system (or other system approved by CBP for this
purpose). The information must be received 24 or more hours before the
related cargo is laden aboard the vessel at the foreign port (see Sec.
113.64(c) of this chapter), as provided in paragraph (b)(2) of this
section, or in accordance with paragraph (b)(4) of this section
applicable to exempted bulk and break bulk cargo. In the alternative,
the NVOCC must fully disclose and present the required cargo
declaration information for the related cargo to the vessel carrier
which is required to present this information to CBP, in accordance
with this section, via the vessel AMS system (or other CBP-approved
system).
* * * * *
(4) Carriers of bulk cargo as specified in paragraph (b)(4)(i) of
this section and carriers of break bulk cargo to the extent provided in
paragraph (b)(4)(ii) of this section are exempt, with respect only to
the bulk or break bulk cargo being transported, from the requirement
set forth in paragraph (b)(2) of this section that an electronic cargo
declaration be received by CBP 24 hours before such cargo is laden
aboard the vessel at the foreign port. With respect to exempted
carriers of bulk or break bulk cargo operating voyages to the United
States, CBP must receive the electronic cargo declaration covering the
bulk or break bulk cargo they are transporting 24 hours prior to the
vessel's arrival in the United States (see Sec. 4.30(n)). However, for
any containerized or non-qualifying break bulk cargo these exempted
carriers will be transporting, CBP must receive the electronic cargo
declaration 24 hours in advance of loading.
* * * * *
Sec. 4.7a [Amended]
0
3. Section 4.7a is amended by:
0
a. In paragraph (a), removing the words ``Customs Form'' and adding in
their place the words ``CBP Form'';
0
b. In paragraph (b), removing the words ``Customs Form'' wherever they
appear and adding in their place the words ``CBP Form'' and removing
the words ``Customs and Immigration Form I-418'' and adding in their
place the words ``CBP Form I-418'', and, in the certification language,
removing the word ``Customs'' and adding in its place ``CBP'';
0
c. In paragraph (c)(1), removing from the first parenthetical in the
first sentence the words ``Customs Form 1302 or a Customs-approved
electronic equivalent'' and adding in their place the words ``CBP Form
1302 submitted in accordance with paragraph (b)(2) or (b)(4) of this
section'';
0
d. In paragraph (c)(2)(ii), removing the words ``Customs Form''
wherever they appear and adding in their place the words ``CBP Form'';
0
e. In paragraph (c)(2)(iii), removing the word ``Customs'' wherever it
appears and adding in its place ``CBP'' and, in the next to last
sentence, removing the words ``discrepancies between manifests and
entries'' and adding in their place the words ``discrepancies between
cargo declarations and entries'';
0
f. In paragraph (c)(3) introductory text, removing the word ``Customs''
and adding in its place ``CBP'';
0
g. In paragraph (c)(4) introductory text, removing the words ``cargo
manifest information'' and adding in their place the words ``cargo
declaration information'' and removing the words ``, either on Customs
Form 1302, or on a separate sheet or Customs-approved electronic
equivalent,'';
0
h. In paragraph (c)(4)(xv) introductory text, in the second
parenthetical, which is within the first parenthetical, after the
reference to Sec. 4.7(b)(2), adding ``or Sec. 4.7(b)(4)'' and, in
paragraph (c)(4)(xv)(B), removing the words ``Customs Form (CF) 3171
and adding in their place the words ``CBP Form 3171'';
0
i. In paragraph (d), removing the words ``the Immigration and
Naturalization Service, United States Department of Justice'' and
adding in their place the words ``applicable Department of Homeland
Security (DHS) regulations administered by CBP'';
0
j. In paragraph (e)(1), removing the words ``the Immigration and
Naturalization Service, United States Department of Justice'' and
adding in their place the words ``applicable DHS regulations
administered by CBP'' and, in the certification language, removing the
word ``Customs'' wherever it appears and adding in its place ``CBP'';
and
0
k. In paragraph (f), second sentence, removing the words ``cargo
manifest information to Customs'' and adding in their place the words
``cargo declaration information to CBP''.
Sec. 4.8 [Amended]
0
4. Section 4.8 is amended by:
0
a. In paragraph (a), removing the words ``the Customs Service'' and
adding in their place the words ``Customs and Border Protection
(CBP)''; and
0
b. In paragraph (b), removing the word ``Customs'' wherever it appears
and adding in its place ``CBP''; in the second sentence, removing
``(CF)''; removing the words ``in the manner provided in Sec.
4.7(b)(2)'' and the words ``in the manner provided in Sec. 4.7(b)''
and adding in both places the words ``in the manner provided in Sec.
4.7(b)(2) or (4)''; and, in the fourth and fifth sentences, removing
``CF'' and adding in its place the words ``CBP Form''.
0
5. In Sec. 4.30, paragraph (n) is revised to read as follows:
Sec. 4.30 Permits and special licenses for unlading and lading.
* * * * *
(n) CBP will not issue a permit to unlade before it has received
the cargo declaration information pursuant to Sec. 4.7(b)(2) or (4) of
this part. In cases in which CBP does not receive complete cargo
declaration information from the carrier or a NVOCC in the manner,
format, and time frame required by Sec. 4.7(b)(2) or (4), as
appropriate, CBP may delay issuance of the permit to unlade the entire
vessel until all required information is received. CBP may also decline
to issue a permit to unlade the specific cargo for which a cargo
declaration is not received in a timely manner under Sec. 4.7(b)(2) or
(4). Further, where a carrier does not transmit a cargo declaration in
the manner required by Sec. 4.7(b)(2) or (4), preliminary entry
pursuant to Sec. 4.8(b) will be denied.
Dated: May 4, 2011.
Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2011-11248 Filed 5-11-11; 8:45 am]
BILLING CODE 9111-14-P
