82 FR 32232 - Electronic Information for Cargo Exported From the United States; Technical Amendments
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 82, Issue 133 (July 13, 2017)
U.S. Customs and Border Protection
Federal Register Volume 82, Issue 133 (July 13, 2017)
| Page Range | 32232-32241 | |
| FR Document | 2017-14549 |
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)] [Rules and Regulations] [Pages 32232-32241] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14549] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Parts 4, 10, 18, 113, 122, 123, 141, 191, and 192 [CBP Dec. 17-06] Electronic Information for Cargo Exported From the United States; Technical Amendments AGENCY: U.S. Customs and Border Protection, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends U.S. Customs and Border Protection regulations regarding the requirements to provide data for certain exported cargo to conform to current requirements. Various CBP regulations regarding exported cargo refer to outdated regulations or requirements of the U.S. Census Bureau, including the requirement to submit a paper Shipper's Export Declaration (SED). The U.S. Census Bureau's Foreign Trade Regulations (FTR) have been amended to eliminate the SED and to require that the information that was previously provided on the paper SED be filed electronically through the Automated Export System. This rule amends the CBP regulations to incorporate the current requirements. The rule also makes related conforming changes as well as non-substantive editorial and nomenclature changes. DATES: This final rule is effective on July 13, 2017. FOR FURTHER INFORMATION CONTACT: Robert C. Rawls, Branch Chief, Outbound Enforcement and Policy Branch, Cargo and Conveyance Security, Office of Field Operations, U.S. Customs and Border Protection, (202) 344-2847. SUPPLEMENTARY INFORMATION: I. Background and Purpose U.S. Customs and Border Protection (CBP) periodically reviews its regulations to ensure that they are up to date. As explained below, various provisions of the CBP regulations contain references to certain U.S. Census Bureau (Census Bureau) requirements and regulations which are out of date. CBP is updating the regulations so that they conform to current requirements. In 2008, 2013, and 2016, the Census Bureau issued amendments to the Foreign Trade Regulations (FTR) codified at 15 CFR part 30 that require exporters to use the Automated Export System (AES) to file export commodity and transportation information, known as Electronic Export Information (EEI), directly with CBP and the Census Bureau.\1\ The amendments concurrently eliminated the use of the Shipper's Export Declaration (SED), the paper form previously used by exporters to report export information.\2\ The amendments also revised some terminology and clarified some requirements. Because various CBP regulations refer to AES as a voluntary program, and refer to the SED and other outdated provisions and terminology in the FTR, it is necessary to amend the CBP regulations so that they are consistent with current requirements. --------------------------------------------------------------------------- \1\ In 2002, Congress passed the Foreign Relations Authorization Act (the ``FRAA''), Public Law 107-228, 116 Stat. 1350 (September 30, 2002). Section 1404 of the FRAA mandates that the Census Bureau, with the concurrence of the Secretary of State and the Secretary of Treasury, publish regulations implementing the requirement to file export information through AES for all shipments where an SED was required. On June 2, 2008, the Census Bureau published a final rule in the Federal Register (73 FR 31548) (``the 2008 Census Bureau rule'') creating the FTR, which required export information for which an SED was previously required to be filed to be from then on filed through AES for most exports. That final rule did not require the use of AES to report export data for used self-propelled vehicles and temporary exports. On March 14, 2013, the Census Bureau published a final rule in the Federal Register (78 FR 16366) (``the 2013 Census Bureau rule'') that expanded the requirement for exporters to use AES to include shipments of used self-propelled vehicles and temporary exports. On November 13, 2013, the Census Bureau published a notice in the Federal Register (78 FR 67928) delaying the effective date of this final rule until April 5, 2014. On April 19, 2017, the Census Bureau published a final rule in the Federal Register (82 FR 18383) amending the FTR to reflect new export reporting requirements, which, among other things, redesignated Appendix D as Appendix B. \2\ On June 29, 2008, CBP published a general notice in the Federal Register (73 FR 32466) to inform the public that CBP would enforce compliance with the regulations pertaining to the mandatory, pre-departure electronic filing of export information through AES starting on September 30, 2008. --------------------------------------------------------------------------- It should be noted that the Department of Homeland Security (DHS), through CBP, collects certain export information under its own authority pursuant to section 343(a) of the Trade Act of 2002, Public Law 107-210, 116 Stat. 981 (August 6, 2002), as amended, which mandates that the Secretary of Homeland Security collect information pertaining to cargo before the cargo is either brought into or sent from the United States by any mode of commercial transportation (sea, air, rail or truck). See 19 U.S.C. 2071 note. The cargo information required is that which is reasonably necessary to enable high-risk shipments to be identified for purposes of ensuring cargo safety and security pursuant to those laws enforced and administered by CBP.\3\ The advance reporting requirements pertaining to exported cargo are set forth in 19 CFR part 192. These part 192 regulations make various references to the SED and other outdated Census Bureau requirements. --------------------------------------------------------------------------- \3\ On December 5, 2003, CBP published a final rule in the Federal Register (68 FR 68140) that amended the CBP regulations to require the submission of electronic information pertaining to cargo before the arrival or departure of that cargo from the United States by any mode of commercial transportation pursuant to section 343(a) of the Trade Act of 2002, as amended by the Maritime Security Act (19 U.S.C. 2071 note). See 19 CFR 4.7, 4.7a (vessel); 122.48a (air); 123.91 (rail); 123.92 (truck); 192.14 (exported cargo). --------------------------------------------------------------------------- II. Explanation of Amendments CBP has determined that it is necessary to update parts 4, 10, 18, 113, 122, 123, 141, 191 and 192 of the CBP regulations (19 CFR parts 4, 10, 18, 113, 122, 123, 141, 191 and 192) to conform them to the Census Bureau's FTR. Accordingly, this rule amends the CBP regulations by incorporating current requirements for the filing of EEI in AES, deleting references to the SED, updating outdated terminology and by making other conforming changes. These changes are discussed in more detail below. A. 19 CFR Part 4 Sections 4.61, 4.63, 4.75, 4.76, 4.81, 4.84 and 4.87 of the CBP regulations (19 CFR 4.61, 4.63, 4.75, 4.76, 4.81, 4.84 and 4.87) set forth various requirements pertaining to the exportation of cargo from the United States by vessel. These sections refer to the terms ``shipper's [[Page 32233]] export declarations'', ``export declarations'', ``paper SEDs'', and ``cargo information''. Pursuant to the Census Bureau's FTR, SEDs are no longer accepted and exporters must file their export information as EEI through AES. Accordingly, CBP is replacing references to these terms with ``Electronic Export Information (EEI)'' or ``EEI'', as appropriate. Under the FTR, when an export transaction is exempt or excluded from the requirement to file EEI, or when the EEI has not yet been filed in AES, the exporter must report to CBP the EEI exemption or exclusion legend that indicates the basis for not filing EEI, or must report the EEI filing citation (known as the ``proof of filing citation'' in the Census Bureau's FTR) to indicate that the EEI has been accepted or the post departure filing citation to indicate that EEI will be filed in AES. Therefore, where appropriate, CBP is replacing the references to the ``shipper's export declarations'' with ``EEI filing citations, exclusions, and/or exemption legends''. Section 4.63 concerns the outward cargo declaration for vessels. Paragraph (b) provides that if EEI is not required for a shipment, a notation must be made on the outward cargo declaration describing the basis for the exemption. The Census Bureau's FTR, however, requires notations for both exemptions and exclusions. See 15 CFR 30.7, 30.45. Therefore, CBP is making a conforming change to Sec. 4.63 to also require a notation describing the basis for an exclusion from filing EEI, if applicable. In addition, the last sentence of paragraph (b) provides that shipments that are exempt from the requirement to file EEI based on value or destination are not required to make reference to the applicable section in the Census Bureau's regulations on its outward cargo declaration. The Census Bureau's FTR, however, requires an annotation of the appropriate exemption legend on such documents, regardless of the type of exemption. See 15 CFR 30.45. Accordingly, CBP is making a conforming revision to Sec. 4.63 by removing the last sentence of paragraph (b). Section 4.76 sets forth procedures and responsibilities of carriers filing outbound vessel manifest information via the AES. As a result of the elimination of the SED and the new requirement to file EEI electronically, certain procedural language in Sec. 4.76 must be updated. In paragraph (b), the second to last sentence provides that where paper SEDs have been submitted by exporters prior to departure, participant carriers will be responsible for submitting those SEDs to Customs within four (4) business days after the departure of the vessel from each port, unless a different time required is specified by Sec. 4.75 or Sec. 4.84. Because EEI has replaced paper SEDs, exporters are now required to submit to CBP a vessel manifest annotated with proof of EEI filing (as demonstrated by an Internal Transaction Number (ITN) issued by AES upon filing) rather than a paper SED. Therefore, CBP is revising this sentence to read: When the exporter submits Electronic Export Information (EEI) prior to departure, carriers will be responsible for annotating the manifest with the Internal Transaction Number (ITN) without change and submitting the manifest to CBP within four (4) business days after the departure of the vessel from each port unless a different time requirement is specified in Sec. 4.75 or Sec. 4.84. Additionally, CBP is removing the last sentence of Sec. 4.76(b) regarding an alternative procedure for the filing of the paper SED. This procedure is no longer applicable in an environment where paper SEDs are not accepted. CBP is also amending various sections throughout part 4 to update outdated terminology. These sections are amended by replacing outdated references to ``Customs'' or ``Customs Service'' with ``CBP''. These amendments are consistent with the transfer of the legacy U.S. Customs Service of the Department of the Treasury to the Department of Homeland Security (DHS) in 2003 and the subsequent renaming of the agency as U.S. Customs and Border Protection (CBP) by DHS on March 31, 2007. See 72 FR 20131 (April 23, 2007); 75 FR 12445 (March 16, 2010); see also U.S. Customs and Border Protection Authorization Act, Public Law 114- 125, 130 Stat. 199 (19 U.S.C. 4301 note), enacted February 24, 2016. CBP is also updating Sec. 4.76(b) which refers to the ``AES Trade Interface Requirements (AESTIR) handbook''. The AESTIR handbook is no longer published by CBP. The performance requirements and operational standards required to file EEI are collectively referred to as the AES Trade Interface Requirements and is available on CBP's Web site. Therefore, CBP is removing the word ``handbook''. Also in Sec. 4.76(b), CBP is updating CBP's Web site address. CBP is amending various sections throughout part 4 that refer to the ``Census Regulations'', ``Bureau of Census Regulations'', ``regulations of the Bureau of the Census'', or ``Bureau of Trade Census Foreign Trade Statistics (FTSR)''. The 2008 Census Bureau rule mandating the use of AES for all shipments requiring an SED also renamed the regulations under title 15 of the CFR, part 30. They are now referred to as the ``Foreign Trade Regulations (FTR)''. Accordingly, CBP is replacing references to ``Census Regulations'', ``Bureau of Census Regulations'', ``regulations of the Bureau of the Census'', or ``Bureau of Trade Census Foreign Trade Statistics (FTSR)'' with ``Census Bureau's Foreign Trade Regulations''. CBP is amending various sections in part 4 to correct certain outdated citations to the United States Code (U.S.C.) and the CFR. Section 4.61(c) is amended to correct ``46 U.S.C. App. 97'' to ``46 U.S.C. 60106'', ``46 U.S.C. App. 98'' to ``46 U.S.C. 60109'', and ``Payment of State and Federal fees and fees due the Government of the Virgin Islands of the United States (46 U.S.C. App. 100)'' to ``Payment of all legal fees that have accrued on the vessel (46 U.S.C. 60107)''. Section 4.75(a) is amended to correct ``46 U.S.C. 91'' to ``46 U.S.C. 60105.'' \4\ Section 4.61(e) is amended to correct a typographical error. Specifically, the citation in ``22 U.S.C. 454a'' is changed to ``22 U.S.C. 454(a)''. Sections 4.63, 4.75 and 4.76 contain outdated references to 15 CFR part 30 as a result of the Census Bureau's reorganization of the FTR and are amended to cite to the correct provisions in 15 CFR part 30. --------------------------------------------------------------------------- \4\ Section 9 of the Merchant Marine Laws Codification, 109 Pub. L. 304, 120 Stat. 1485 (Oct. 6, 2006) redesignated these sections. The revisions incorporate the redesignations. --------------------------------------------------------------------------- CBP is also making certain minor changes in part 4 for clarity and for consistency, including replacing the references to ``Form 1302-A'' with ``Form 1302A'' for consistency with CBP's current usage on its forms and replacing the term ``port'' with ``port of lading''. ``Port of lading'' is the nomenclature used for the sea port where the cargo is loaded on a vessel. Using this term rather than simply ``port'' clarifies that these regulations are referring to the ``port of lading'' rather than the ``port of discharge,'' where the cargo would be unloaded. For stylistic reasons, CBP is also replacing references to ``shall'' with ``must'' or ``will'', as appropriate. B. 19 CFR Part 10 Section 10.41b of the CBP regulations (19 CFR 10.41b) concerns the requirements for clearance of serially numbered substantial holders or outer containers. Paragraph (g)(2) provides that nothing in the procedure described by Sec. 10.41b will be deemed to affect the requirements of the Department of Commerce on exportation with respect to the filing of `` `Shipper's Export [[Page 32234]] Declaration,' Form 7525V''. CBP is replacing this reference with ``Electronic Export Information (EEI)'' to conform to the revised FTR. C. 19 CFR Part 18 Sections 18.42 and 18.43 of the CBP regulations (19 CFR 18.42 and 18.43) set forth exportation requirements for merchandise exported under cover of a TIR (Transport International Routier) carnet. Section 18.42 covers the requirements for direct exportation and section 18.43 covers the requirements for indirect exportation. In these sections, CBP is replacing references to ``export declarations'' with ``Electronic Export Information (EEI)'' to conform to the revised FTR. CBP is also replacing references to ``Bureau of the Census'' with ``Census Bureau'' for consistency with other CBP regulations. For stylistic reasons, CBP is also replacing references to ``shall'' with ``must'' or ``will'', as appropriate. D. 19 CFR Part 113 Section 113.64 of the CBP regulations (19 CFR 113.64) sets forth international carrier bond conditions. Paragraph (i) relates to the agreement by carriers to deliver export documents to CBP and provides for the payment of liquidated damages if the agreement is not adhered to. The specified liquidated damage amounts reflect the amounts in the former Census Bureau regulation, Sec. 30.24(a), later redesignated Sec. 30.47(b). These amounts were increased by the 2008 Census Bureau rule. CBP is changing the specified liquidated damages amounts to conform to the Census Bureau's FTR. E. 19 CFR Part 122 Sections 122.71, 122.72, 122.73, 122.74, 122.75, 122.76, and 122.79 of the CBP regulations (19 CFR 122.71, 122.72, 122.73, 122.74, 122.75, 122.76, and 122.79) set forth departure clearance requirements for aircraft, as well as electronic manifest requirements for passengers, crew members, and non-crew members onboard commercial aircraft departing from the United States. Section 122.143 of the CBP regulations (19 CFR 122.143) concerns flights from the U.S. to the U.S. Virgin Islands. In these sections, CBP is replacing references to ``shipper's export declarations'' or variations thereof with ``Electronic Export Information (EEI)'' or ``EEI'', as appropriate. In certain cases, however, CBP is replacing the references to the ``shipper's export declarations'' or variations thereof with ``Electronic Export Information (EEI) filing citations, exclusions, and/or exemption legends'' or variations thereof, when the context of the reference indicates that the exporter may file with CBP the EEI exemption or exclusion legend when an export transaction is exempt or excluded from the requirement or when EEI has not yet been filed in AES. Section 122.74 sets forth the conditions under which an aircraft bound for a foreign location may receive permission by CBP to depart before a complete manifest or all required EEI have been filed. In addition to the revisions described in the paragraph above, CBP is amending this section to eliminate the hanging text following paragraph (b)(2). CBP is revising paragraph (b) to move the hanging text to the introductory paragraph of paragraph (b) to improve clarity. Section 122.75 sets forth the requirements for a complete air cargo manifest. Paragraph (a)(2) specifies the procedures applicable to direct departures of shipments requiring a shipper's export declaration. CBP is amending this paragraph so that it conforms to the Census Bureau's FTR requirements. Specifically, CBP is revising the language in paragraph (a)(2) to allow the ``EEI filing citation'' to be listed on the air cargo manifest in the column for air waybill numbers instead of ``the number of each declaration''. CBP is also revising paragraph (a)(2) to require the statement ``Electronic Information Annotated'' to appear on the manifest instead of ``Cargo as per Export Declarations Attached''. CBP is also making other non-substantive changes to sections in part 122. In various sections throughout part 122, CBP is replacing outdated references to ``Customs'' with ``CBP''. In Sec. 122.143(b), CBP is replacing a reference to ``Bureau of the Census'' with ``Census Bureau'' for consistency and a reference to ``Bureau of the Census regulations'' with ``Census Bureau's Foreign Trade Regulations'' or variations thereof to conform with the revised Census Bureau's FTR. In Sec. 122.143(b)(2), CBP is updating an outdated citation to the FTR. CBP is also making certain minor changes in part 122 for clarity and/or for consistency, including replacing references to ``U.S.'' to ``United States'' when not used as a modifier to conform to the U.S. Government Printing Office's Style Manual. For stylistic reasons, CBP is also replacing references to ``shall'' with ``must'' or ``will'', as appropriate. F. 19 CFR Part 123 Section 123.28 of the CBP regulations (19 CFR 123.28) concerns merchandise remaining in or exported to Canada or Mexico. In paragraph (a), CBP is replacing an outdated reference to ``U.S. Customs'' with ``CBP''. In paragraph (b), CBP is replacing a reference to ``shipper's export declaration'' with ``Electronic Export Information (EEI) filing citation, exclusions, and/or exemption legends'' to conform to the revised FTR. For stylistic reasons, CBP is also replacing references to ``shall'' with ``must'' or ``will'', as appropriate. G. 19 CFR Part 141 Section 141.43 of the CBP regulations (19 CFR 141.43) concerns delegation to subagents. CBP is revising the phrase ``executing shippers' export declarations'' to read ``filing Electronic Export Information (EEI)'' to conform to the revised FTR. H. 19 CFR Part 191 Section 191.51 of the CBP regulations (19 CFR 191.51) pertains to the completion of drawback claims. In paragraph (c)(3), CBP is replacing references to ``Shipper's Export Declaration(s) (SEDs)'' and ``SED'' with ``Electronic Export Information (EEI)'' and ``EEI'', respectively, to conform to the revised FTR. For stylistic reasons, CBP is also replacing references to ``shall'' with ``must'' or ``will'', as appropriate. CBP is also making a few editorial changes. I. 19 CFR Part 192 Sections 192.0, 192.11, 192.12, 192.13, and 192.14 of the CBP regulations (19 CFR 192.0, 192.11, 192.12, 192.13, and 192.14) concern export control, including the filing of export information through AES. Section 192.0 sets forth the scope of the regulations in part 192. CBP is amending this section to replace outdated references to ``Customs'' with ``CBP''. CBP is also revising an outdated citation to the ``Census Regulations at part 30, subpart E (15 CFR part 30, subpart E)'' to read ``Foreign Trade Regulations (FTR) of the Census Bureau, U.S. Department of Commerce, at part 30, subpart A (15 CFR part 30, subpart A)''. Section 192.11 sets forth a description of AES. CBP is revising this section to conform to the definition of AES contained in the revised FTR, codified at 15 CFR 30.1(c). The changes generally reflect that AES is no longer a voluntary program, and that EEI must be filed through AES. CBP is also updating the citation to the Census Bureau regulations so that it references the proper section in the FTR that describes the procedures for obtaining certification as an AES filer and for applying for authorization to file on a post-departure basis. [[Page 32235]] Section 192.12 sets forth the criteria for the denial of applications requesting AES post-departure (Option 4) filing status and appeal procedures and Sec. 192.13 sets forth the reasons why CBP may revoke a participant's AES post-departure filing and the revocation and appeal procedures. CBP is currently working on substantive revisions to these sections (which will include the appropriate technical amendments) and is therefore not amending these sections at this time. Section 192.14 sets forth the procedures for filing EEI required in advance of departure. CBP is making revisions to this section to conform to the electronic filing requirements of EEI contained in the revised FTR. Throughout Sec. 192.14, CBP is adding references to the ``authorized filing agent of the Foreign Principal Party in Interest (FPPI)'' (or ``FPPI's authorized filing agent'') where appropriate to clarify that this party, in addition to the U.S. Principal Party in Interest (USPPI) or its authorized agent, is authorized to file any required EEI under 15 CFR 30.2. CBP is also replacing all references to ``cargo information'' or variations thereof with ``Electronic Export Information (EEI)'' or ``EEI'', as appropriate. In the heading for Sec. 192.14(b), CBP is replacing ``Presentation of data'' with ``Transmission of data'' to reflect the electronic submission of export information. In paragraph (b)(1), regarding the time for transmission of the data, CBP is updating the heading and contents to conform to the FTR. The heading is changed from ``Time for presenting data'' to ``Time for transmission of EEI'' and the paragraph now conforms to the requirements of the Census Bureau's FTR, specifying that the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must ``have received the AES Internal Transaction Number (ITN)'' for outbound cargo no later than the time specified in the subsequent paragraphs. In paragraphs (b)(1)(i) through (b)(1)(iv), which specify the relevant time frames for the USPPI or the authorized agent to transmit the data for vessel, air, truck and rail cargo, respectively, CBP is rewording these provisions to conform to the FTR by requiring the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent to ``provide the EEI filing citation (the ITN), exclusion, and/or exemption legend to the exporting carrier'' no later than the time specified in that paragraph. In new paragraph (b)(1)(v), CBP is providing the applicable time frame for the transmission of EEI for shipments of used self-propelled vehicles to conform with Sec. 30.4(b)(5) of the Census Bureau's FTR (15 CFR 30.4). Finally, in new paragraph (b)(1)(vi), CBP is providing the public with a reference to the applicable sections of the Census Bureau's FTR that provide time frames for the transmission of EEI for cargo shipped by pipeline. In paragraph (b)(2) of Sec. 192.14, CBP is making certain revisions for clarity and to remove outdated language. Among other things, CBP is removing the sentence that references ``[p]aragraph (e)'' because paragraph (e) of Sec. 192.14 was removed in a prior amendment to the regulation. In paragraph (b)(3), CBP is renaming the heading ``System verification of data acceptance'' to ``System verification of data acceptance or rejection'' to better describe the content of the paragraph, replacing certain outdated language, and revising the description of the ITN. In paragraph (c) of Sec. 192.14, CBP is changing the heading ``Information required'' to ``EEI required'' to clarify that all the information listed in paragraph (c) is required EEI. In paragraph (c)(1) of Sec. 192.14, CBP is changing the heading ``Currently collected commodity data'' to ``Commodity data'' to be more concise. CBP is removing the first two sentences of this paragraph because the reference to the SED is outdated and these sentences are redundant and unnecessary. CBP is replacing the phrase ``export cargo data elements'' with ``commodity data elements'' for consistency with the heading. CBP is also updating citations to the revised FTR. In paragraph (c)(2) of Sec. 192.14, under the heading ``Transportation data'', CBP is revising outdated language to clarify that these data elements must be reported electronically through the approved system and can be found in Sec. 30.6 of the Census Bureau's FTR. In paragraph (c)(3) of Sec. 192.14, CBP is replacing the phrase ``outbound carrier'' with ``exporting carrier'' for clarity. CBP is also revising the sentence requiring the exporter to furnish proof to the exporting carrier of an ``electronic filing citation (the ITN), low-risk exporter citation (currently, the Option 4 filing citation), or exemption statement'' to read ``EEI filing citation (the ITN), post- departure citation, AES downtime filing citation (when allowed), exclusion, and/or exemption legends (see paragraph (d) of this section)''. This revision is necessary to include a greater range of EEI filing citation, exclusion and/or exemption legends that may be furnished to the exporting carrier and that are acceptable to CBP under Appendix B to the Census Bureau's FTR (15 CFR part 30, Appendix B). The last sentence of paragraph (c)(3) is revised similarly to include the citations and legends referenced above and also to update the reference to the revised FTR. In paragraphs (c)(4), (c)(5) and (d) of Sec. 192.14, CBP is revising certain language and terminology for consistency and clarity. Among other changes, CBP is replacing the phrase ``exemption statement'' with ``exemption legend''; ``Bureau of Census'' with ``Census Bureau''; and ``departed'' with ``been exported'' in reference to high risk cargo that has been transported from the United States. CBP also added relevant citations to the sections in the Census Bureau's FTR providing exemptions from reporting requirements for export cargo. III. Statutory and Regulatory Requirements A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b)(B), CBP has determined for good cause that it would be unnecessary and contrary to the public interest to delay publication of this rule in final form pending an opportunity for public comment because the technical amendments set forth in this document merely conform the CBP regulations to existing law and regulations. In addition, pursuant to 5 U.S.C. 553(d)(3), CBP has determined that there is good cause for this final rule to become effective immediately upon publication for the same reasons. B. Executive Orders 12866, 13563, and 13771 Executive Orders 12866 (``Regulatory Planning and Review'') and 13563 (``Improving Regulation and Regulatory Review'') direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs'') directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' [[Page 32236]] The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum ``Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs''' (April 5, 2017). This final rule is a technical amendment and as previously discussed, it amends outdated CBP regulations to incorporate the current requirements. The final rule also makes related conforming changes as well as non-substantive editorial and nomenclature changes. CBP does not believe this rule imposes additional costs on industry or government. C. 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.). IV. Signing Authority This document is limited to technical corrections of the CBP regulations. Accordingly, it is being signed under the authority of 19 CFR 0.1(b)(1). List of Subjects 19 CFR Part 4 Customs duties and inspection, Exports, Freight, Harbors, Maritime carriers, Oil pollution, Reporting and recordkeeping requirements, Vessels. 19 CFR Part 10 Bonds, Caribbean Basin initiative, Customs duties and inspection, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 18 Common carriers, Customs duties and inspection, Exports, Freight, Penalties, Reporting and recordkeeping requirements, Surety bonds. 19 CFR Part 113 Common carriers, Customs duties and inspection, Exports, Freight, Laboratories, Reporting and recordkeeping requirements, Surety bonds. 19 CFR Part 122 Administrative practice and procedure, Air carriers, Aircraft, Airports, Alcohol and alcoholic beverages, Cigars and cigarettes, Cuba, Customs duties and inspection, Drug traffic control, Freight, Penalties, Reporting and recordkeeping requirements, Security measures. 19 CFR Part 123 Canada, Customs duties and inspection, Freight, International boundaries, Mexico, Motor carriers, Railroads, Reporting and recordkeeping requirements, Vessels. 19 CFR Part 141 Customs duties and inspection, Reporting and recordkeeping requirements. 19 CFR Part 191 Alcohol and alcoholic beverages, Claims, Customs duties and inspection, Exports, Foreign trade zones, Guantanamo Bay Naval Station, Cuba, Packaging and containers, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 192 Aircraft, Exports, Motor vehicles, Penalties, Reporting and recordkeeping requirements, Vessels. Amendments to the CBP Regulations For the reasons set forth above, parts 4, 10, 18, 113, 122, 123, 141, 191, and 192 of the CBP regulations (19 CFR parts 4, 10, 18, 113, 122, 123, 141, 191, and 192) are amended as set forth below. PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES 0 1. The general authority citation for part 4 and the specific authority citation for Sec. Sec. 4.75 and 4.84 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 4.75 also issued under 46 U.S.C. 60105; * * * * * Section 4.84 also issued under 46 U.S.C. 12118; * * * * * Sec. 4.61 [Amended] 0 2. Amend Sec. 4.61 as follows: 0 a. In paragraph (a), remove all references to ``Customs'' and add in their place ``CBP''. 0 b. In paragraph (b), remove all references to ``Customs'' and add in their place ``CBP''. 0 c. In paragraph (c)(2), remove the words ``shippers export declarations'' and add in their place ``Electronic Export Information (EEI)''. 0 d. In paragraph (c)(6), remove the citation ``46 U.S.C. App. 97'' and add in its place ``46 U.S.C. 60106''. 0 e. In paragraph (c)(12), remove the citation ``46 U.S.C. App. 98'' and add in its place ``46 U.S.C. 60109''. 0 f. In paragraph (c)(18), remove the words ``Payment of State and Federal fees and fees due the Government of the Virgin Islands of the United States (46 U.S.C. App. 100)'' and add in their place ``Payment of all legal fees that have accrued on the vessel (46 U.S.C. 60107)''. 0 g. In paragraph (e), remove ``22 U.S.C. 454a'' and add in its place ``22 U.S.C. 454(a)''. 0 3. Amend Sec. 4.63 as follows: 0 a. The section heading is revised. 0 b. In paragraph (a) introductory text, remove the word ``Customs'' and add in its place ``CBP''; and remove the word ``shall'' and add in its place ``will''. 0 c. In paragraph (a)(1), remove all references to ``Customs'' and add in their place ``CBP''; and remove the words ``export declarations'' and add in their place ``EEI''; and remove the reference to ``1302-A'' and add in its place ``1302A''. 0 d. Revise paragraph (b). 0 e. In paragraph (c) introductory text, remove the word ``shall'' and add in its place ``must''; remove all references to ``Customs'' and add in their place ``CBP''; and remove all references to ``1302-A'' and add in their place ``1302A''. 0 f. In paragraph (d), remove all references to ``Customs'' and add in their place ``CBP''; and remove all references to ``1302-A'' and add in their place ``1302A''. 0 g. In paragraph (e), remove the first reference to ``Customs'' and add in its place ``CBP''; remove the reference to ``1302-A'' and add in its place ``1302A''; remove the word ``shall'' and add in its place ``must''; and remove the second reference to ``Customs'' and add in its place ``customs''. 0 h. In paragraph (f), remove all references to ``Customs'' and add in their place ``CBP''; remove the word ``shall'' and add in its place ``will''; and remove the reference to ``1302-A'' and add in its place ``1302A''. The revisions read as follows: Sec. 4.63 Outward cargo declaration; Electronic Export Information (EEI). * * * * * (b) Except as hereafter stated, the Internal Transaction Number (ITN) of the Electronic Export Information (EEI) covering each shipment for which EEI is required must be shown on the Cargo Declaration Outward With Commercial Forms, CBP Form 1302A, in the [[Page 32237]] marginal column headed ``B/L No.'' If EEI is not required for a shipment, a notation must be made on the Cargo Declaration Outward With Commercial Forms (CBP Form 1302A) describing the basis for the exemption or exclusion using the reference number found in the Census Bureau's Foreign Trade Regulations (see 15 CFR part 30, Appendix B) where the particular exemption or exclusion is provided. * * * * * 0 4. Amend Sec. 4.75 as follows: 0 a. The section heading, paragraphs (a) and (b) are revised. 0 b. In paragraph (c), revise the introductory text preceding the list of countries. The revisions read as follows: Sec. 4.75 Incomplete manifest; incomplete or missing Electronic Export Information (EEI); bond. (a) Pro forma manifest. Except as provided for in Sec. 4.75(c), if a master desiring to clear his vessel for a foreign port does not have available for filing with the CBP port director a complete Cargo Declaration Outward with Commercial Forms, CBP Form 1302A (see Sec. 4.63) in accordance with 46 U.S.C. 60105, or all required EEI filing citations, exclusions, and/or exemption legends (see 15 CFR 30.47), the CBP port director may accept in lieu thereof an incomplete manifest (referred to as a pro forma manifest) on the Vessel Entrance or Clearance Statement, CBP Form 1300, if there is on file in his office a bond on CBP Form 301, containing the bond conditions set forth in Sec. 113.64 of this chapter relating to international carriers, executed by the vessel owner or other person as attorney in fact of the vessel owner. The ``Incomplete Manifest for Export'' box in item 17 of the Vessel Entrance or Clearance Statement form must be checked. (b) Time in which to file complete manifest and EEI. Not later than the fourth business day after clearance from each port of lading in the vessel's itinerary, the master, or the vessel's agent on behalf of the master, must submit to the director of each port a complete Cargo Declaration Outward with Commercial Forms, CBP Form 1302A, in accordance with Sec. 4.63, of the cargo laden at such port together with all required EEI filing citations, exclusions, and/or exemption legends for such cargo and a Vessel Entrance or Clearance Statement, CBP Form 1300. The statutory grace period of four (4) days for filing the complete manifest and missing EEI begins to run on the first day (exclusive of any day on which the U.S. port of lading is not open for marine business) following the date on which clearance is granted. (c) Countries for which vessels may not be cleared until complete manifests and EEI are filed. To aid CBP in the enforcement of export laws and regulations, no vessel will be cleared for any port in the following countries until a complete outward foreign manifest and all required EEI filing citations, exclusions, and/or exemption legends have been filed with the port director: * * * * * 0 5. Amend Sec. 4.76 as follows: 0 a. In paragraph (a), remove the citation ``15 CFR 30.60'' and add in its place ``15 CFR 30.5''; and remove the words ``Census Regulations'' and add in their place ``Census Bureau's Foreign Trade Regulations''. 0 b. Revise paragraph (b) to read as follows: Sec. 4.76 Procedures and responsibilities of carriers filing outbound vessel manifest information via the AES. * * * * * (b) Responsibilities. The performance requirements and operational standards and procedures for electronic submission of outbound vessel manifest information are detailed in the AES Trade Interface Requirements (AESTIR) available on the CBP Web site, http://www.cbp.gov. Carriers and their agents are responsible for reporting accurate and timely information and for responding to all notifications concerning the status of their transmissions and the detention and release of freight in accordance with the procedures set forth in the AESTIR. CBP will send messages to participant carriers regarding the accuracy of their transmissions. Carriers and their agents are required to comply with the recordkeeping requirements contained at Sec. 30.10 of the Census Bureau's Foreign Trade Regulations (15 CFR 30.10) and any other applicable recordkeeping requirements. When the exporter submits Electronic Export Information (EEI) prior to departure, carriers will be responsible for annotating the manifest with the Internal Transaction Number (ITN) without change and submitting the manifest to CBP within four (4) business days after the departure of the vessel from each port unless a different time requirement is specified in Sec. 4.75 or Sec. 4.84. * * * * * Sec. 4.81 [Amended] 0 6. Amend paragraph (g)(2) of Sec. 4.81 by removing all references to ``Customs'' and adding in their place ``CBP''; and removing the words ``shipper's export declarations'' and adding in their place ``Electronic Export Information (EEI)''. Sec. 4.84 [Amended] 0 7. Amend Sec. 4.84 as follows: 0 a. In paragraph (a), remove the references to ``shall'' and add in their place ``will''; and remove the words ``shipper's export declarations'' and add in their place ``the filing of Electronic Export Information (EEI)''. 0 b. In paragraph (c)(1): 0 i. Remove all references to ``shall'' and add in their place ``will''; 0 ii. Remove the words ``regulations of the Bureau of the Census'' and add in their place ``the Census Bureau's Foreign Trade Regulations''; 0 iii. Remove the words ``Shipper's Export Declarations'' and add in their place ``EEI''; 0 iv. Remove the citation ``15 CFR 30.24'' and add in its place ``15 CFR 30.47''; 0 v. Remove all references to ``Customs'' and add in their place ``CBP''; and 0 vi. Remove all references to ``export declarations'' and add in their place ``EEI''. 0 c. In paragraph (c)(2): 0 i. Remove the references to ``shall'' in the first and second sentences and add in their place ``must''; and remove the reference to ``shall'' in the third sentence and add in its place ``will''; 0 ii. Remove the words ``regulations of the Bureau of the Census'' and add in their place ``the Census Bureau's Foreign Trade Regulations''; 0 iii. Remove all references to ``Shipper's Export Declarations'' and add in their place ``EEI''; 0 iv. Remove all references to ``Customs'' and add in their place ``CBP''; 0 v. Remove the citation to ``15 CFR 30.24'' and add in its place ``15 CFR 30.47''; and 0 vi. Remove the words ``export declarations'' and add in their place ``EEI''. 0 d. In paragraph (d): 0 i. Remove the first and second references to ``shall'' in the first sentence and add in their place ``must''; 0 ii. Remove the third reference to ``shall'' in the first sentence and add in its place ``will''; 0 iii. Remove the first reference to ``shall'' in the second sentence and add in its place ``must''; and remove the second reference to ``shall'' in the second sentence and add in its place ``will''; and 0 iv. Remove the word ``Customs'' and add in its place ``CBP''. Sec. 4.87 [Amended] 0 8. Amend Sec. 4.87 as follows: [[Page 32238]] 0 a. In paragraph (b), remove all references to ``Customs'' and add in their place ``CBP''; and remove the reference to ``1302-A'' and add in its place ``1302A''. 0 b. In paragraph (c), remove all references to ``Customs'' and add in their place ``CBP''. 0 c. In paragraph (d), remove all references to ``Customs'' and add in their place ``CBP''. 0 d. In paragraph (f): 0 i. Remove all references to ``Customs'' and add in their place ``CBP''; 0 ii. Remove the reference to ``1302-A'' and add in its place ``1302A''; and 0 iii. Remove the words ``shipper's export declarations'' and add in their place ``Electronic Export Information (EEI) filing citations, exclusions, and/or exemption legends''. 0 e. In paragraph (g): 0 i. Remove the word ``Customs'' and add in its place ``CBP''; 0 ii. Remove the reference ``1302-A'' and add in its place ``1302A''; and 0 iii. Remove the words ``export declarations'' and add in their place ``EEI''. PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 0 9. The general authority citation for part 10 continues to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314. * * * * * Sec. 10.41b [Amended] 0 10. Amend paragraph (g)(2) of Sec. 10.41b by removing the words ``Shipper's Export Declaration,'' ``Form 7525-V'' and adding in their place ``Electronic Export Information (EEI)''. PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT 0 11. The general authority citation for part 18 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1551, 1552, 1553, 1623, 1624. * * * * * Sec. 18.42 [Amended] 0 12. Amend Sec. 18.42 as follows: 0 i. Remove the words ``export declarations'' and add in their place ``Electronic Export Information (EEI)''; 0 ii. Remove the words ``Bureau of the Census'' and add in their place ``Census Bureau''; 0 iii. Remove all references to ``shall'' in the first and second sentence and add in their place ``must''; and 0 iv. Remove all references to ``shall'' in the third sentence through the remainder of the paragraph and add in their place ``will''. Sec. 18.43 [Amended] 0 13. Amend paragraph (a) of Sec. 18.43 by removing the words ``export declarations'' and adding in their place ``Electronic Export Information (EEI)''; removing the word ``shall'' and adding in its place ``must''; and removing the words ``Bureau of the Census'' and adding in their place ``Census Bureau''. PART 113--CBP BONDS 0 14. The general authority citation for part 113 continues to read as follows: Authority: 19 U.S.C. 66, 1623, 1624. * * * * * Sec. 113.64 [Amended] 0 15. Amend paragraph (i) of Sec. 113.64 by removing the words ``$50 per day for the first 3 days, and $100 per day thereafter, up to $1,000 in total'' and adding in their place ``$1,100 for each day's delinquency beyond the prescribed period, but not more than $10,000 per violation''. PART 122--AIR COMMERCE REGULATIONS 0 16. 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. 122.71 [Amended] 0 17. Amend Sec. 122.71 as follows: 0 a. In paragraph (a)(1)(ii), remove the words ``Shipper's Export Declarations are'' and add in their place ``Electronic Export Information (EEI) is''. 0 b. In paragraph (a)(2), remove the word ``shall'' and add in its place ``must''; and remove the word ``Customs'' and add in its place ``CBP''. 0 c. In paragraph (b), remove all references to ``Customs'' and add in their place ``CBP''. Sec. 122.72 [Amended] 0 18. Amend Sec. 122.72 by removing the words ``Shipper's Export Declarations'' and adding in their place ``Electronic Export Information (EEI)''; and removing the word ``shall'' and adding in its place ``must''. Sec. 122.73 [Amended] 0 19. Amend Sec. 122.73 as follows: 0 a. In paragraph (a)(1), remove the word ``Customs'' and add in its place ``CBP'' and remove all references to ``shall'' and add in their place ``must''. 0 b. In paragraph (a)(2), remove the word ``Customs'' and add in its place ``CBP''; and remove the word ``shall'' and add in its place ``must''. 0 c. In paragraph (a)(3), remove the word ``Customs'' and add in its place ``CBP''; and remove the word ``shall'' and add in its place ``will''. 0 d. In paragraph (b)(1) remove the word ``Customs'' and add in its place ``CBP''; and remove all references to the word ``shall'' and add in their place ``must''. 0 e. In paragraph (b)(2) introductory text, remove all references to ``shall'' and add in their place ``must''. 0 f. In paragraph (b)(2)(i), remove the words ``Shipper's Export Declarations'' and add in their place ``Electronic Export Information (EEI) filing citations, exclusions, and/or exemption legends''. 0 20. Amend Sec. 122.74 as follows: 0 a. In paragraph (a)(1), remove all references to ``Customs'' and add in their place ``CBP''; and remove the words ``Shipper's Export Declarations'' and add in their place ``Electronic Export Information (EEI)''. 0 b. In paragraph (a)(2), remove all references to ``Shipper's Export Declarations'' and add in their place ``EEI filing citations, exclusions, and/or exemption legends''; remove the abbreviation ``U.S.'' and add in its place ``United States''; remove all references to ``shall'' and add in their place ``must''; and remove all references to ``Customs'' and add in their place ``CBP''. 0 c. Revise paragraph (b) introductory text and paragraph (b)(2). 0 d. Designate the undesignated paragraph following paragraph (b)(2) as ``Note to paragraph (b)''. 0 e. In paragraph (c)(1), remove the words ``Shipper's Export Declarations'' and add in their place ``EEI''; and remove the word ``shall'' and add in its place ``must''. 0 f. In paragraph (c)(2), remove all references to ``Shipper's Export Declarations shall'' and add in their place ``EEI must''. 0 g. In paragraph (c)(3), remove the words ``Shipper's Export Declarations shall'' and add in their place ``EEI must''. The revisions read as follows: Sec. 122.74 Incomplete (pro forma) manifest. * * * * * (b) Exceptions. In the following circumstances, an incomplete manifest will not be accepted and a complete air cargo manifest and all required EEI must [[Page 32239]] be filed with the port director before the aircraft will be cleared: * * * * * (2) If the aircraft is departing on a flight from the U.S. directly or indirectly to a foreign country listed in Sec. 4.75 of this chapter. * * * * * 0 21. Amend Sec. 122.75 as follows: 0 a. In paragraph (a) introductory text, remove all references to ``shall'' and add in their place ``must''; and remove the words ``a Shipper's Export Declaration'' and add in their place ``Electronic Export Information (EEI) filing citations, exemptions, and/or exclusion legends''. 0 b. Revise paragraph (a)(2). 0 c. In paragraph (b)(1), remove the words ``Attached Shipper's Export Declarations'' and add in their place ``The annotated EEI filing citations, exclusions, and/or exemption legends''. 0 d. In paragraph (b)(2), remove the word ``shall'' and add in its place ``must''; remove the words ``Shipper's Export Declarations'' and add in their place ``EEI filing citations, exclusions, and/or exemption legends''; and remove the words ``Attached Shipper's Export Declarations'' and add in their place ``The annotated EEI filing citations, exclusions, and/or exemption legends''. The revision reads as follows: Sec. 122.75 Complete manifest. (a) * * * (2) Direct departure. With regard to direct departures of shipments requiring EEI, each EEI filing citation must be listed on the air cargo manifest in the column for air waybill numbers. The statement ``Electronic Information Annotated'' must appear on the manifest if this is done. * * * * * 0 22. Amend Sec. 122.76 as follows: 0 a. Revise the heading of the section and paragraph (a). 0 b. In paragraph (b), remove the word ``shall'' and add in its place ``must''; and remove the word ``Customs'' and add in its place ``CBP''. The revisions read as follows: Sec. 122.76 Electronic Export Information (EEI) filing citations, exclusions, and/or exemption legends and inspection certificates. (a) Electronic Export Information (EEI)--(1) Other than shipments to Puerto Rico. For shipments other than to Puerto Rico, at the time of clearance, the aircraft commander or agent must file with the CBP port director of the departure airport any EEI filing citations, exclusions, and/or exemption legends required by the Census Bureau's Foreign Trade Regulations (FTR) (see 15 CFR part 30). (2) Shipments to Puerto Rico. For flights carrying shipments to Puerto Rico from the United States, the aircraft commander or agent must file any EEI filing citations, exclusions, and/or exemption legends required by the Census Bureau's FTR (see 15 CFR part 30) upon arrival in Puerto Rico with the CBP port director there. * * * * * 0 23. Revise Sec. 122.79 to read as follows: Sec. 122.79 Shipments to U.S. possessions. (a) Other than Puerto Rico. An air cargo manifest must be filed for aircraft transporting cargo between the United States and U.S. possessions. Electronic Export Information (EEI) is not required for shipments from the United States or Puerto Rico to the U.S. possessions, except to the U.S. Virgin Islands or from a U.S. possession and destined to the United States, Puerto Rico, or another U.S. possession. (b) Puerto Rico. When an aircraft carries merchandise on a direct flight from the United States to Puerto Rico, any required air cargo manifest or EEI filing citations, exclusions, and/or exemption legends, must be filed with the appropriate port director Puerto Rico. Sec. 122.143 [Amended] 0 24. Amend Sec. 122.143 as follows: 0 a. In paragraph (b) introductory text, remove the words ``Bureau of the Census'' in the heading and add in their place ``Census Bureau''; remove the words ``Bureau of the Census regulations'' in the text and add in their place ``Census Bureau's Foreign Trade Regulations''; and remove the word ``shall'' and add in its place ``will''. 0 b. In paragraph (b)(1), remove the words ``Shipper's Export Declarations'' and add in their place ``Electronic Export Information (EEI)''. 0 c. In paragraph (b)(2), remove the citation ``15 CFR 30.24'' and add in its place ``15 CFR 30.47''; and remove the words ``Shipper's Export Declarations are'' and add in their place ``EEI is''. PART 123--CBP RELATIONS WITH CANADA AND MEXICO 0 25. The general authority citation for part 123 and the specific authority citation for Sec. 123.28 continue 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, 2071 note. * * * * * Sections 123.21-123.23, 123.25-123.29, 123.41, 123.51 also issued under 19 U.S.C. 1554. * * * * * Sec. 123.28 [Amended] 0 26. Amend Sec. 123.28 as follows: 0 a. In paragraph (a), remove all references to ``shall'' and add in their place ``must''; and remove the words ``U.S. Customs'' and add in their place ``CBP''. 0 b. In paragraph (b), remove references to ``shall'' in the first and second sentence and add in their place ``will''; remove the words ``shipper's export declaration'' and add in their place ``Electronic Export Information (EEI) filing citations, exclusions, and/or exemption legends''; and remove the word ``shall'' in the third sentence and add in its place ``must''. PART 141--ENTRY OF MERCHANDISE 0 27. The general authority citation for part 141 continues to read as follows: Authority: 19 U.S.C. 66, 1448, 1484, 1498, 1624. * * * * * Sec. 141.43 [Amended] 0 28. Amend paragraph (a) of Sec. 141.43 by removing the words ``executing shippers' export declarations'' and adding in their place ``filing Electronic Export Information (EEI)''. PART 191--DRAWBACK 0 29. The general authority citation for part 191 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1313, 1624; * * * * * 0 30. Revise paragraph (c)(3) of Sec. 191.51 to read as follows: Sec. 191.51 Completion of drawback claims. * * * * * (c) * * * (3) Exports. For exports, the HTSUSA number(s) or Schedule B commodity classification number(s) must be from the Electronic Export Information (EEI), when required. If no EEI is required (see, e.g., 15 CFR 30.58), the claimant must provide the Schedule B commodity classification number(s) or HTSUSA number(s) that the exporter would have set forth in the EEI, but for the exemption from the requirement to file EEI. * * * * * PART 192--EXPORT CONTROL 0 31. The authority citation for part 192 continues to read as follows: [[Page 32240]] 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. 192.0 [Amended] 0 32. Amend Sec. 192.0 as follows: 0 a. Remove all references to ``Customs'' and add in their place ``CBP''. 0 b. Remove the words ``Census Regulations at part 30, subpart E (15 CFR part 30, subpart E)'' and add in their place ``Foreign Trade Regulations (FTR) of the Census Bureau, U.S. Department of Commerce, at part 30, subpart A (15 CFR part 30, subpart A)''. 0 33. Revise Sec. 192.11 to read as follows: Sec. 192.11 Description of the AES. The Automated Export System (AES) is the information system for collecting Electronic Export Information (EEI) from persons exporting goods from the United States, Puerto Rico, or the U.S. Virgin Islands; between Puerto Rico and the United States; and to the U.S. Virgin Islands from the United States or Puerto Rico. Pursuant to the Census Bureau's Foreign Trade Regulations (FTR), all commodity export information for which EEI is required must be filed through the AES. This system is the CBP-approved electronic data interchange system used for purposes of filing EEI as required by Sec. 192.14. AES is also the system by which certain sea carriers may report required outbound vessel information electronically (see, Sec. Sec. 4.63, 4.75, and 4.76 of this chapter). Eligibility and application procedures are found in the General Requirements section of the FTR, codified at 15 CFR part 30, subpart A. The Census Bureau's FTR (15 CFR part 30, subpart A) provides that exporters may choose to submit export information through AES by any one of three electronic filing options available. Only Option 4, the complete post-departure submission of export information, requires prior approval by participating agencies before it can be used by AES participants. 0 34. Revise Sec. 192.14 to read as follows: Sec. 192.14 Electronic information for outward cargo required in advance of departure. (a) General requirement. Pursuant to section 343(a), Trade Act of 2002, as amended (19 U.S.C. 2071 note), for any commercial cargo that is to be exported from the United States by vessel, aircraft, rail, or truck, unless exempted under paragraph (d) of this section, the U.S. Principal Party in Interest (USPPI), the USPPI's authorized agent, or the authorized filing agent of the Foreign Principal Party in Interest (FPPI) must electronically transmit for receipt by CBP, no later than the time period specified in paragraph (b) of this section, certain Electronic Export Information (EEI), as enumerated in paragraph (c) of this section. Specifically, to effect the advance electronic transmission of the required cargo information to CBP, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must use a CBP-approved electronic data interchange system (currently, the Automated Export System (AES)). (b) Transmission of data--(1) Time for transmission of EEI. The USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must electronically transmit the EEI required by Sec. 30.6 of the Census Bureau's FTR (15 CFR 30.6) and have received the AES Internal Transaction Number (ITN) (see paragraph (b)(3) of this section) for outbound cargo no later than the time period specified as follows: (i) For vessel cargo, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must provide the EEI filing citation (the ITN), exclusion, and/or exemption legend to the exporting carrier no later than 24 hours prior to loading cargo on the vessel at the U.S. port of lading; (ii) For air cargo, including cargo being transported by air express couriers, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must provide the EEI filing citation (the ITN), exclusion, and/or exemption legend to the exporting carrier no later than 2 hours prior to the scheduled departure time of the aircraft from the U.S. port of export; (iii) For truck cargo, including cargo departing by express consignment courier, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must provide the EEI filing citation (the ITN), exclusion, and/or exemption legend to the exporting carrier no later than 1 hour prior to the arrival of the truck at the border; (iv) For rail cargo, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must provide the EEI filing citation (the ITN), exclusion, and/or exemption legend to the exporting carrier no later than 2 hours prior to the arrival of the train at the border; (v) For shipments of used self-propelled vehicles as defined in Sec. 192.1, the USPPI's authorized agent, or the FPPI's authorized filing agent must provide the EEI filing citation (the ITN), exclusion, and/or exemption legend to the exporting carrier at least 72 hours prior to export; and (vi) For cargo shipped by pipeline, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent should refer to Sec. 30.4 of the Census Bureau's FTR (15 CFR 30.4, 30.46) for applicable time frames for the transmission of EEI. (2) Applicability of time frames. The time periods in paragraph (b)(1) of this section for reporting required EEI to CBP for outward vessel, air, truck, or rail cargo only apply to shipments without an export license, license exemption, or license exception that require full predeparture reporting of shipment data, in order to comply with the advance cargo information filing requirements under section 343(a), Trade Act of 2002, as amended. Requirements placed on exports controlled by other government agencies will remain in force unless changed by the agency having the regulatory authority to do so. CBP will also continue to require 72-hour advance notice for used vehicle exports pursuant to Sec. 192.2(c)(1) and (c)(2)(i). The USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent should refer to the relevant titles of the Code of Federal Regulations (CFR) for pre-filing requirements of other government agencies. In particular, for the advance reporting requirements for exports of U.S. Munitions List items, see the U.S. Department of State's International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130). (3) System verification of data acceptance or rejection. Once the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent has transmitted the EEI required under paragraphs (c)(1) and (c)(2) of this section, and AES has received and accepted this data, AES will generate and transmit to the party that filed the EEI a confirmation number, the Internal Transaction Number (ITN), assigned to that shipment confirming acceptance of the EEI transmission. When the submission is not accepted, a rejection message will be transmitted to the filer. (c) EEI required--(1) Commodity data. The commodity data elements that are required to be reported electronically through the approved system are found in Sec. 30.6 of the Census Bureau's FTR (15 CFR 30.6). (2) Transportation data. The following transportation data elements are also required to be reported electronically through the approved system. These data elements are also found in Sec. 30.6 of the Census Bureau's FTR (30 CFR 30.6): (i) Method of transportation (the method of transportation is defined as [[Page 32241]] that by which the goods are exported or shipped (vessel, air, rail, or truck)); (ii) Carrier identification (for vessel, rail and truck shipments, the unique carrier identifier is the 4-character Standard Carrier Alpha Code (SCAC); for aircraft, the carrier identifier is the 2- or 3- character International Air Transport Association (IATA) code); (iii) Conveyance name (the conveyance name is the name of the carrier; for sea carriers, this is the name of the vessel; for others, the carrier name); (iv) Country of ultimate destination (this is the country as known to the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent at the time of exportation, where the cargo is to be consumed or further processed or manufactured; this country would be identified by the 2-character International Standards Organization (ISO) code for the country of ultimate destination); (v) Date of export (the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must report the date the cargo is scheduled to leave the United States for all modes of transportation; if the actual date is not known, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must report the best estimate as to the time of departure); and (vi) Port of export (the port where the outbound cargo departs from the United States is designated by its unique code, as set forth in Annex C, Harmonized Tariff Schedule of the United States (HTSUS); the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must report the port of exportation as known when the USPPI, USPPI's authorized agent, or the FPPI's authorized filing agent tenders the cargo to the outbound carrier; should the carrier export the cargo from a different port and the carrier so informs the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent, the port of exportation must be corrected by the filer in AES.). (3) Proof of electronic filing; exemption from filing. The USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must furnish to the exporting carrier a proof of EEI filing citation (the ITN), post-departure filing citation, AES downtime filing citation (when allowed), and the exclusion, and/or exemption legends (see paragraph (d) of this section) for annotation on the carrier's outward manifest, waybill, or other export documentation covering the cargo to be shipped. The proof of EEI filing citation (the ITN), post-departure filing citation, AES downtime filing citation, exclusion, and/or exemption legend must conform to the approved EEI filing citation, exclusion, and/or exemption legend formats in Appendix B to the Census Bureau's FTR (15 CFR part 30, Appendix B). (4) Carrier responsibility--(i) Loading of cargo. The carrier may not load cargo without first receiving from the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent either the related electronic filing citation as prescribed under paragraph (c)(3) of this section, or an appropriate exemption legend for the cargo as specified in paragraph (d) of this section. (ii) High-risk cargo. For cargo that CBP has identified as potentially high-risk, the carrier, after being duly notified by CBP, will be responsible for delivering the cargo for inspection/ examination. When cargo identified as high risk has already been exported, CBP may demand that the export carrier redeliver the cargo in accordance with the terms of its international carrier bond (see Sec. 113.64(k)(2) of this chapter). (5) USPPI receipt of information believed to be accurate. When the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent electronically presenting the cargo information required in paragraphs (c)(1) and (c)(2) of this section receives any of this information from another party, CBP will take into consideration how, in accordance with ordinary commercial practices, the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent acquired this information, and whether and how the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent is able to verify this information. When the USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent is not reasonably able to verify any information received, CBP will permit this party to electronically present the information on the basis of what it reasonably believes to be true. (d) Exemptions from reporting; Census exemptions or exclusions applicable. The USPPI, the USPPI's authorized agent, or the FPPI's authorized filing agent must furnish to the outbound carrier an appropriate exemption or exclusion legend for any export shipment laden that is not subject to predeparture electronic information filing under this section. The exemption or exclusion legend must conform to the proper format approved by the Census Bureau (see 15 CFR part 30, Appendix B). Any exemptions or exclusions from reporting requirements for export cargo are enumerated in Sec. Sec. 30.2 and 30.35 through 30.40 of the Census Bureau's FTR (15 CFR 30.2 and 30.35 through 30.40). These exemptions or exclusions under Sec. Sec. 30.2 and 30.35 through 30.40 of the Census Bureau's FTR are equally applicable under this section. Dated: July 5, 2017. Kevin K. McAleenan, Acting Commissioner. [FR Doc. 2017-14549 Filed 7-12-17; 8:45 am] BILLING CODE 9111-14-P
![32232 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations
Mason, TX, Mason County, RNAV (GPS) DATES: This final rule is effective on July terminology and clarified some
RWY 18, Orig-C 13, 2017. requirements. Because various CBP
Mason, TX, Mason County, RNAV (GPS) regulations refer to AES as a voluntary
FOR FURTHER INFORMATION CONTACT:
RWY 36, Orig-C
Mason, TX, Mason County, Takeoff Robert C. Rawls, Branch Chief, program, and refer to the SED and other
Minimums and Obstacle DP, Amdt 2 Outbound Enforcement and Policy outdated provisions and terminology in
Mason, TX, Mason County, VOR–A, Amdt 4B Branch, Cargo and Conveyance Security, the FTR, it is necessary to amend the
Taylor, TX, Taylor Muni, Takeoff Minimums Office of Field Operations, U.S. Customs CBP regulations so that they are
and Obstacle DP, Amdt 1A and Border Protection, (202) 344–2847. consistent with current requirements.
Cedar City, UT, Cedar City Rgnl, ILS OR LOC SUPPLEMENTARY INFORMATION: It should be noted that the
RWY 20, Amdt 4B Department of Homeland Security
Cedar City, UT, Cedar City Rgnl, Takeoff I. Background and Purpose (DHS), through CBP, collects certain
Minimums and Obstacle DP, Amdt 3A export information under its own
Salt Lake City, UT, Salt Lake City Intl, U.S. Customs and Border Protection
Takeoff Minimums and Obstacle DP, Amdt (CBP) periodically reviews its authority pursuant to section 343(a) of
11A regulations to ensure that they are up to the Trade Act of 2002, Public Law 107–
Minocqua-Woodruff, WI, Lakeland/Noble F date. As explained below, various 210, 116 Stat. 981 (August 6, 2002), as
Lee Memorial Field, LOC RWY 36, Amdt provisions of the CBP regulations amended, which mandates that the
1A contain references to certain U.S. Secretary of Homeland Security collect
Minocqua-Woodruff, WI, Lakeland/Noble F Census Bureau (Census Bureau) information pertaining to cargo before
Lee Memorial Field, NDB RWY 28, Amdt the cargo is either brought into or sent
requirements and regulations which are
12A from the United States by any mode of
Minocqua-Woodruff, WI, Lakeland/Noble F out of date. CBP is updating the
Lee Memorial Field, RNAV (GPS) RWY 28, regulations so that they conform to commercial transportation (sea, air, rail
Orig-A current requirements. or truck). See 19 U.S.C. 2071 note. The
Minocqua-Woodruff, WI, Lakeland/Noble F In 2008, 2013, and 2016, the Census cargo information required is that which
Lee Memorial Field, RNAV (GPS) RWY 36, Bureau issued amendments to the is reasonably necessary to enable high-
Orig-A Foreign Trade Regulations (FTR) risk shipments to be identified for
[FR Doc. 2017–14521 Filed 7–12–17; 8:45 am] codified at 15 CFR part 30 that require purposes of ensuring cargo safety and
BILLING CODE 4910–13–P exporters to use the Automated Export security pursuant to those laws enforced
System (AES) to file export commodity and administered by CBP.3 The advance
and transportation information, known reporting requirements pertaining to
DEPARTMENT OF HOMELAND as Electronic Export Information (EEI), exported cargo are set forth in 19 CFR
SECURITY directly with CBP and the Census part 192. These part 192 regulations
Bureau.1 The amendments concurrently make various references to the SED and
U.S. Customs and Border Protection eliminated the use of the Shipper’s other outdated Census Bureau
Export Declaration (SED), the paper requirements.
19 CFR Parts 4, 10, 18, 113, 122, 123, form previously used by exporters to II. Explanation of Amendments
141, 191, and 192 report export information.2 The
amendments also revised some CBP has determined that it is
[CBP Dec. 17–06] necessary to update parts 4, 10, 18, 113,
1 In 2002, Congress passed the Foreign Relations 122, 123, 141, 191 and 192 of the CBP
Electronic Information for Cargo Authorization Act (the ‘‘FRAA’’), Public Law 107– regulations (19 CFR parts 4, 10, 18, 113,
Exported From the United States; 228, 116 Stat. 1350 (September 30, 2002). Section 122, 123, 141, 191 and 192) to conform
Technical Amendments 1404 of the FRAA mandates that the Census
Bureau, with the concurrence of the Secretary of them to the Census Bureau’s FTR.
AGENCY: U.S. Customs and Border State and the Secretary of Treasury, publish Accordingly, this rule amends the CBP
Protection, DHS. regulations implementing the requirement to file regulations by incorporating current
export information through AES for all shipments requirements for the filing of EEI in
ACTION: Final rule. where an SED was required. On June 2, 2008, the
Census Bureau published a final rule in the Federal AES, deleting references to the SED,
SUMMARY: This final rule amends U.S. Register (73 FR 31548) (‘‘the 2008 Census Bureau updating outdated terminology and by
Customs and Border Protection rule’’) creating the FTR, which required export making other conforming changes.
regulations regarding the requirements information for which an SED was previously
These changes are discussed in more
to provide data for certain exported required to be filed to be from then on filed through
AES for most exports. That final rule did not detail below.
cargo to conform to current require the use of AES to report export data for used
requirements. Various CBP regulations self-propelled vehicles and temporary exports. On
A. 19 CFR Part 4
regarding exported cargo refer to March 14, 2013, the Census Bureau published a Sections 4.61, 4.63, 4.75, 4.76, 4.81,
outdated regulations or requirements of final rule in the Federal Register (78 FR 16366)
(‘‘the 2013 Census Bureau rule’’) that expanded the
4.84 and 4.87 of the CBP regulations (19
the U.S. Census Bureau, including the requirement for exporters to use AES to include CFR 4.61, 4.63, 4.75, 4.76, 4.81, 4.84 and
requirement to submit a paper Shipper’s shipments of used self-propelled vehicles and 4.87) set forth various requirements
Export Declaration (SED). The U.S. temporary exports. On November 13, 2013, the pertaining to the exportation of cargo
Census Bureau’s Foreign Trade Census Bureau published a notice in the Federal
Register (78 FR 67928) delaying the effective date
from the United States by vessel. These
Regulations (FTR) have been amended of this final rule until April 5, 2014. On April 19, sections refer to the terms ‘‘shipper’s
to eliminate the SED and to require that 2017, the Census Bureau published a final rule in
the information that was previously the Federal Register (82 FR 18383) amending the 3 On December 5, 2003, CBP published a final
provided on the paper SED be filed FTR to reflect new export reporting requirements, rule in the Federal Register (68 FR 68140) that
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which, among other things, redesignated Appendix amended the CBP regulations to require the
electronically through the Automated D as Appendix B. submission of electronic information pertaining to
Export System. This rule amends the 2 On June 29, 2008, CBP published a general cargo before the arrival or departure of that cargo
CBP regulations to incorporate the notice in the Federal Register (73 FR 32466) to from the United States by any mode of commercial
current requirements. The rule also inform the public that CBP would enforce transportation pursuant to section 343(a) of the
compliance with the regulations pertaining to the Trade Act of 2002, as amended by the Maritime
makes related conforming changes as mandatory, pre-departure electronic filing of export Security Act (19 U.S.C. 2071 note). See 19 CFR 4.7,
well as non-substantive editorial and information through AES starting on September 30, 4.7a (vessel); 122.48a (air); 123.91 (rail); 123.92
nomenclature changes. 2008. (truck); 192.14 (exported cargo).
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Section 192.12 sets forth the criteria with § 30.4(b)(5) of the Census Bureau’s (15 CFR part 30, Appendix B). The last
for the denial of applications requesting FTR (15 CFR 30.4). Finally, in new sentence of paragraph (c)(3) is revised
AES post-departure (Option 4) filing paragraph (b)(1)(vi), CBP is providing similarly to include the citations and
status and appeal procedures and the public with a reference to the legends referenced above and also to
§ 192.13 sets forth the reasons why CBP applicable sections of the Census update the reference to the revised FTR.
may revoke a participant’s AES post- Bureau’s FTR that provide time frames In paragraphs (c)(4), (c)(5) and (d) of
departure filing and the revocation and for the transmission of EEI for cargo § 192.14, CBP is revising certain
appeal procedures. CBP is currently shipped by pipeline. language and terminology for
working on substantive revisions to In paragraph (b)(2) of § 192.14, CBP is consistency and clarity. Among other
these sections (which will include the making certain revisions for clarity and
changes, CBP is replacing the phrase
appropriate technical amendments) and to remove outdated language. Among
‘‘exemption statement’’ with
is therefore not amending these sections other things, CBP is removing the
‘‘exemption legend’’; ‘‘Bureau of
at this time. sentence that references ‘‘[p]aragraph
Census’’ with ‘‘Census Bureau’’; and
Section 192.14 sets forth the (e)’’ because paragraph (e) of § 192.14
‘‘departed’’ with ‘‘been exported’’ in
procedures for filing EEI required in was removed in a prior amendment to
reference to high risk cargo that has
advance of departure. CBP is making the regulation. In paragraph (b)(3), CBP
been transported from the United States.
revisions to this section to conform to is renaming the heading ‘‘System
CBP also added relevant citations to the
the electronic filing requirements of EEI verification of data acceptance’’ to
sections in the Census Bureau’s FTR
contained in the revised FTR. ‘‘System verification of data acceptance
Throughout § 192.14, CBP is adding or rejection’’ to better describe the providing exemptions from reporting
references to the ‘‘authorized filing content of the paragraph, replacing requirements for export cargo.
agent of the Foreign Principal Party in certain outdated language, and revising III. Statutory and Regulatory
Interest (FPPI)’’ (or ‘‘FPPI’s authorized the description of the ITN. Requirements
filing agent’’) where appropriate to In paragraph (c) of § 192.14, CBP is
clarify that this party, in addition to the changing the heading ‘‘Information A. Administrative Procedure Act
U.S. Principal Party in Interest (USPPI) required’’ to ‘‘EEI required’’ to clarify Pursuant to 5 U.S.C. 553(b)(B), CBP
or its authorized agent, is authorized to that all the information listed in has determined for good cause that it
file any required EEI under 15 CFR 30.2. paragraph (c) is required EEI. would be unnecessary and contrary to
CBP is also replacing all references to In paragraph (c)(1) of § 192.14, CBP is
the public interest to delay publication
‘‘cargo information’’ or variations changing the heading ‘‘Currently
of this rule in final form pending an
thereof with ‘‘Electronic Export collected commodity data’’ to
opportunity for public comment
Information (EEI)’’ or ‘‘EEI’’, as ‘‘Commodity data’’ to be more concise.
because the technical amendments set
appropriate. CBP is removing the first two sentences
forth in this document merely conform
In the heading for § 192.14(b), CBP is of this paragraph because the reference
the CBP regulations to existing law and
replacing ‘‘Presentation of data’’ with to the SED is outdated and these
sentences are redundant and regulations. In addition, pursuant to 5
‘‘Transmission of data’’ to reflect the
unnecessary. CBP is replacing the U.S.C. 553(d)(3), CBP has determined
electronic submission of export
phrase ‘‘export cargo data elements’’ that there is good cause for this final
information. In paragraph (b)(1),
with ‘‘commodity data elements’’ for rule to become effective immediately
regarding the time for transmission of
consistency with the heading. CBP is upon publication for the same reasons.
the data, CBP is updating the heading
and contents to conform to the FTR. The also updating citations to the revised B. Executive Orders 12866, 13563, and
heading is changed from ‘‘Time for FTR. 13771
presenting data’’ to ‘‘Time for In paragraph (c)(2) of § 192.14, under
transmission of EEI’’ and the paragraph the heading ‘‘Transportation data’’, CBP Executive Orders 12866 (‘‘Regulatory
now conforms to the requirements of the is revising outdated language to clarify Planning and Review’’) and 13563
Census Bureau’s FTR, specifying that that these data elements must be (‘‘Improving Regulation and Regulatory
the USPPI, the USPPI’s authorized reported electronically through the Review’’) direct agencies to assess the
agent, or the FPPI’s authorized filing approved system and can be found in costs and benefits of available regulatory
agent must ‘‘have received the AES § 30.6 of the Census Bureau’s FTR. alternatives and, if regulation is
Internal Transaction Number (ITN)’’ for In paragraph (c)(3) of § 192.14, CBP is necessary, to select regulatory
outbound cargo no later than the time replacing the phrase ‘‘outbound carrier’’ approaches that maximize net benefits
specified in the subsequent paragraphs. with ‘‘exporting carrier’’ for clarity. CBP (including potential economic,
In paragraphs (b)(1)(i) through (b)(1)(iv), is also revising the sentence requiring environmental, public health and safety
which specify the relevant time frames the exporter to furnish proof to the effects, distributive impacts, and
for the USPPI or the authorized agent to exporting carrier of an ‘‘electronic filing equity). Executive Order 13563
transmit the data for vessel, air, truck citation (the ITN), low-risk exporter emphasizes the importance of
and rail cargo, respectively, CBP is citation (currently, the Option 4 filing quantifying both costs and benefits, of
rewording these provisions to conform citation), or exemption statement’’ to reducing costs, of harmonizing rules,
to the FTR by requiring the USPPI, the read ‘‘EEI filing citation (the ITN), post- and of promoting flexibility. Executive
USPPI’s authorized agent, or the FPPI’s departure citation, AES downtime filing Order 13771 (‘‘Reducing Regulation and
authorized filing agent to ‘‘provide the citation (when allowed), exclusion, and/ Controlling Regulatory Costs’’) directs
EEI filing citation (the ITN), exclusion, or exemption legends (see paragraph (d) agencies to reduce regulation and
jstallworth on DSK7TPTVN1PROD with RULES
and/or exemption legend to the of this section)’’. This revision is control regulatory costs and provides
exporting carrier’’ no later than the time necessary to include a greater range of that ‘‘for every one new regulation
specified in that paragraph. In new EEI filing citation, exclusion and/or issued, at least two prior regulations be
paragraph (b)(1)(v), CBP is providing the exemption legends that may be identified for elimination, and that the
applicable time frame for the furnished to the exporting carrier and cost of planned regulations be prudently
transmission of EEI for shipments of that are acceptable to CBP under managed and controlled through a
used self-propelled vehicles to conform Appendix B to the Census Bureau’s FTR budgeting process.’’
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![32236 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations
The Office of Management and Budget Customs duties and inspection, Drug ■ d. In paragraph (c)(6), remove the
(OMB) has not designated this rule a traffic control, Freight, Penalties, citation ‘‘46 U.S.C. App. 97’’ and add in
significant regulatory action under Reporting and recordkeeping its place ‘‘46 U.S.C. 60106’’.
section 3(f) of Executive Order 12866. requirements, Security measures. ■ e. In paragraph (c)(12), remove the
Accordingly, OMB has not reviewed it. citation ‘‘46 U.S.C. App. 98’’ and add in
19 CFR Part 123
As this rule is not a significant its place ‘‘46 U.S.C. 60109’’.
regulatory action, this rule is exempt Canada, Customs duties and ■ f. In paragraph (c)(18), remove the
from the requirements of Executive inspection, Freight, International words ‘‘Payment of State and Federal
Order 13771. See OMB’s Memorandum boundaries, Mexico, Motor carriers, fees and fees due the Government of the
‘‘Guidance Implementing Executive Railroads, Reporting and recordkeeping Virgin Islands of the United States (46
Order 13771, Titled ‘Reducing requirements, Vessels. U.S.C. App. 100)’’ and add in their place
Regulation and Controlling Regulatory ‘‘Payment of all legal fees that have
19 CFR Part 141
Costs’’’ (April 5, 2017). accrued on the vessel (46 U.S.C.
This final rule is a technical Customs duties and inspection, 60107)’’.
amendment and as previously Reporting and recordkeeping ■ g. In paragraph (e), remove ‘‘22 U.S.C.
discussed, it amends outdated CBP requirements. 454a’’ and add in its place ‘‘22 U.S.C.
regulations to incorporate the current 454(a)’’.
19 CFR Part 191
requirements. The final rule also makes ■ 3. Amend § 4.63 as follows:
related conforming changes as well as Alcohol and alcoholic beverages, ■ a. The section heading is revised.
non-substantive editorial and Claims, Customs duties and inspection, ■ b. In paragraph (a) introductory text,
nomenclature changes. CBP does not Exports, Foreign trade zones, remove the word ‘‘Customs’’ and add in
believe this rule imposes additional Guantanamo Bay Naval Station, Cuba, its place ‘‘CBP’’; and remove the word
costs on industry or government. Packaging and containers, Reporting ‘‘shall’’ and add in its place ‘‘will’’.
and recordkeeping requirements, Trade ■ c. In paragraph (a)(1), remove all
C. Regulatory Flexibility Act agreements. references to ‘‘Customs’’ and add in
Because this document is not subject their place ‘‘CBP’’; and remove the
19 CFR Part 192
to the notice and public procedure words ‘‘export declarations’’ and add in
requirements of 5 U.S.C. 553, it is not Aircraft, Exports, Motor vehicles, their place ‘‘EEI’’; and remove the
subject to the provisions of the Penalties, Reporting and recordkeeping reference to ‘‘1302–A’’ and add in its
Regulatory Flexibility Act (5 U.S.C. 601 requirements, Vessels. place ‘‘1302A’’.
et seq.). Amendments to the CBP Regulations ■ d. Revise paragraph (b).
■ e. In paragraph (c) introductory text,
IV. Signing Authority For the reasons set forth above, parts remove the word ‘‘shall’’ and add in its
This document is limited to technical 4, 10, 18, 113, 122, 123, 141, 191, and place ‘‘must’’; remove all references to
corrections of the CBP regulations. 192 of the CBP regulations (19 CFR parts ‘‘Customs’’ and add in their place
Accordingly, it is being signed under 4, 10, 18, 113, 122, 123, 141, 191, and ‘‘CBP’’; and remove all references to
the authority of 19 CFR 0.1(b)(1). 192) are amended as set forth below. ‘‘1302–A’’ and add in their place
List of Subjects ‘‘1302A’’.
PART 4—VESSELS IN FOREIGN AND ■ f. In paragraph (d), remove all
19 CFR Part 4 DOMESTIC TRADES references to ‘‘Customs’’ and add in
Customs duties and inspection, ■ 1. The general authority citation for their place ‘‘CBP’’; and remove all
Exports, Freight, Harbors, Maritime part 4 and the specific authority citation references to ‘‘1302–A’’ and add in their
carriers, Oil pollution, Reporting and for §§ 4.75 and 4.84 continue to read as place ‘‘1302A’’.
recordkeeping requirements, Vessels. ■ g. In paragraph (e), remove the first
follows:
reference to ‘‘Customs’’ and add in its
19 CFR Part 10 Authority: 5 U.S.C. 301; 19 U.S.C. 66, place ‘‘CBP’’; remove the reference to
1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. ‘‘1302–A’’ and add in its place ‘‘1302A’’;
Bonds, Caribbean Basin initiative,
501, 60105.
Customs duties and inspection, Exports, remove the word ‘‘shall’’ and add in its
Imports, Reporting and recordkeeping * * * * * place ‘‘must’’; and remove the second
requirements, Trade agreements. Section 4.75 also issued under 46 U.S.C. reference to ‘‘Customs’’ and add in its
60105; place ‘‘customs’’.
19 CFR Part 18 ■ h. In paragraph (f), remove all
* * * * *
Common carriers, Customs duties and Section 4.84 also issued under 46 U.S.C. references to ‘‘Customs’’ and add in
inspection, Exports, Freight, Penalties, 12118; their place ‘‘CBP’’; remove the word
Reporting and recordkeeping ‘‘shall’’ and add in its place ‘‘will’’; and
requirements, Surety bonds. * * * * * remove the reference to ‘‘1302–A’’ and
19 CFR Part 113 § 4.61 [Amended] add in its place ‘‘1302A’’.
The revisions read as follows:
Common carriers, Customs duties and ■ 2. Amend § 4.61 as follows:
inspection, Exports, Freight, ■ a. In paragraph (a), remove all § 4.63 Outward cargo declaration;
Laboratories, Reporting and references to ‘‘Customs’’ and add in Electronic Export Information (EEI).
recordkeeping requirements, Surety their place ‘‘CBP’’. * * * * *
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bonds. ■ b. In paragraph (b), remove all (b) Except as hereafter stated, the
references to ‘‘Customs’’ and add in Internal Transaction Number (ITN) of
19 CFR Part 122 their place ‘‘CBP’’. the Electronic Export Information (EEI)
Administrative practice and ■ c. In paragraph (c)(2), remove the covering each shipment for which EEI is
procedure, Air carriers, Aircraft, words ‘‘shippers export declarations’’ required must be shown on the Cargo
Airports, Alcohol and alcoholic and add in their place ‘‘Electronic Declaration Outward With Commercial
beverages, Cigars and cigarettes, Cuba, Export Information (EEI)’’. Forms, CBP Form 1302A, in the
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![Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations 32237
marginal column headed ‘‘B/L No.’’ If marine business) following the date on removing the words ‘‘shipper’s export
EEI is not required for a shipment, a which clearance is granted. declarations’’ and adding in their place
notation must be made on the Cargo (c) Countries for which vessels may ‘‘Electronic Export Information (EEI)’’.
Declaration Outward With Commercial not be cleared until complete manifests
§ 4.84 [Amended]
Forms (CBP Form 1302A) describing the and EEI are filed. To aid CBP in the
basis for the exemption or exclusion enforcement of export laws and ■ 7. Amend § 4.84 as follows:
using the reference number found in the regulations, no vessel will be cleared for ■ a. In paragraph (a), remove the
Census Bureau’s Foreign Trade any port in the following countries until references to ‘‘shall’’ and add in their
Regulations (see 15 CFR part 30, a complete outward foreign manifest place ‘‘will’’; and remove the words
Appendix B) where the particular and all required EEI filing citations, ‘‘shipper’s export declarations’’ and add
exemption or exclusion is provided. exclusions, and/or exemption legends in their place ‘‘the filing of Electronic
* * * * * have been filed with the port director: Export Information (EEI)’’.
■ b. In paragraph (c)(1):
■ 4. Amend § 4.75 as follows: * * * * *
■ i. Remove all references to ‘‘shall’’ and
■ a. The section heading, paragraphs (a) ■ 5. Amend § 4.76 as follows: add in their place ‘‘will’’;
and (b) are revised. ■ a. In paragraph (a), remove the citation ■ ii. Remove the words ‘‘regulations of
■ b. In paragraph (c), revise the ‘‘15 CFR 30.60’’ and add in its place ‘‘15 the Bureau of the Census’’ and add in
introductory text preceding the list of CFR 30.5’’; and remove the words their place ‘‘the Census Bureau’s
countries. ‘‘Census Regulations’’ and add in their Foreign Trade Regulations’’;
The revisions read as follows: place ‘‘Census Bureau’s Foreign Trade ■ iii. Remove the words ‘‘Shipper’s
Regulations’’. Export Declarations’’ and add in their
§ 4.75 Incomplete manifest; incomplete or ■ b. Revise paragraph (b) to read as place ‘‘EEI’’;
missing Electronic Export Information (EEI); follows: ■ iv. Remove the citation ‘‘15 CFR
bond.
30.24’’ and add in its place ‘‘15 CFR
(a) Pro forma manifest. Except as § 4.76 Procedures and responsibilities of
30.47’’;
provided for in § 4.75(c), if a master carriers filing outbound vessel manifest
■ v. Remove all references to ‘‘Customs’’
desiring to clear his vessel for a foreign information via the AES.
and add in their place ‘‘CBP’’; and
port does not have available for filing * * * * * ■ vi. Remove all references to ‘‘export
with the CBP port director a complete (b) Responsibilities. The performance declarations’’ and add in their place
Cargo Declaration Outward with requirements and operational standards ‘‘EEI’’.
Commercial Forms, CBP Form 1302A and procedures for electronic ■ c. In paragraph (c)(2):
(see § 4.63) in accordance with 46 U.S.C. submission of outbound vessel manifest ■ i. Remove the references to ‘‘shall’’ in
60105, or all required EEI filing information are detailed in the AES the first and second sentences and add
citations, exclusions, and/or exemption Trade Interface Requirements (AESTIR) in their place ‘‘must’’; and remove the
legends (see 15 CFR 30.47), the CBP port available on the CBP Web site, http:// reference to ‘‘shall’’ in the third
director may accept in lieu thereof an www.cbp.gov. Carriers and their agents sentence and add in its place ‘‘will’’;
incomplete manifest (referred to as a pro are responsible for reporting accurate ■ ii. Remove the words ‘‘regulations of
forma manifest) on the Vessel Entrance and timely information and for the Bureau of the Census’’ and add in
or Clearance Statement, CBP Form 1300, responding to all notifications their place ‘‘the Census Bureau’s
if there is on file in his office a bond on concerning the status of their Foreign Trade Regulations’’;
CBP Form 301, containing the bond transmissions and the detention and ■ iii. Remove all references to
conditions set forth in § 113.64 of this release of freight in accordance with the ‘‘Shipper’s Export Declarations’’ and
chapter relating to international carriers, procedures set forth in the AESTIR. CBP add in their place ‘‘EEI’’;
executed by the vessel owner or other will send messages to participant ■ iv. Remove all references to
person as attorney in fact of the vessel carriers regarding the accuracy of their ‘‘Customs’’ and add in their place
owner. The ‘‘Incomplete Manifest for transmissions. Carriers and their agents ‘‘CBP’’;
are required to comply with the ■ v. Remove the citation to ‘‘15 CFR
Export’’ box in item 17 of the Vessel
Entrance or Clearance Statement form recordkeeping requirements contained 30.24’’ and add in its place ‘‘15 CFR
must be checked. at § 30.10 of the Census Bureau’s 30.47’’; and
Foreign Trade Regulations (15 CFR ■ vi. Remove the words ‘‘export
(b) Time in which to file complete
30.10) and any other applicable declarations’’ and add in their place
manifest and EEI. Not later than the
recordkeeping requirements. When the ‘‘EEI’’.
fourth business day after clearance from ■ d. In paragraph (d):
each port of lading in the vessel’s exporter submits Electronic Export
■ i. Remove the first and second
itinerary, the master, or the vessel’s Information (EEI) prior to departure,
references to ‘‘shall’’ in the first
agent on behalf of the master, must carriers will be responsible for
sentence and add in their place ‘‘must’’;
submit to the director of each port a annotating the manifest with the
■ ii. Remove the third reference to
complete Cargo Declaration Outward Internal Transaction Number (ITN)
‘‘shall’’ in the first sentence and add in
with Commercial Forms, CBP Form without change and submitting the
its place ‘‘will’’;
1302A, in accordance with § 4.63, of the manifest to CBP within four (4) business ■ iii. Remove the first reference to
cargo laden at such port together with days after the departure of the vessel ‘‘shall’’ in the second sentence and add
all required EEI filing citations, from each port unless a different time in its place ‘‘must’’; and remove the
exclusions, and/or exemption legends requirement is specified in § 4.75 or second reference to ‘‘shall’’ in the
jstallworth on DSK7TPTVN1PROD with RULES
for such cargo and a Vessel Entrance or § 4.84. second sentence and add in its place
Clearance Statement, CBP Form 1300. * * * * * ‘‘will’’; and
The statutory grace period of four (4) ■ iv. Remove the word ‘‘Customs’’ and
days for filing the complete manifest § 4.81 [Amended]
add in its place ‘‘CBP’’.
and missing EEI begins to run on the ■ 6. Amend paragraph (g)(2) of § 4.81 by
first day (exclusive of any day on which removing all references to ‘‘Customs’’ § 4.87 [Amended]
the U.S. port of lading is not open for and adding in their place ‘‘CBP’’; and ■ 8. Amend § 4.87 as follows:
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![32238 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations
■ a. In paragraph (b), remove all ■ iii. Remove all references to ‘‘shall’’ in ■ a. In paragraph (a)(1), remove the
references to ‘‘Customs’’ and add in the first and second sentence and add in word ‘‘Customs’’ and add in its place
their place ‘‘CBP’’; and remove the their place ‘‘must’’; and ‘‘CBP’’ and remove all references to
reference to ‘‘1302–A’’ and add in its ■ iv. Remove all references to ‘‘shall’’ in ‘‘shall’’ and add in their place ‘‘must’’.
place ‘‘1302A’’. the third sentence through the ■ b. In paragraph (a)(2), remove the
■ b. In paragraph (c), remove all remainder of the paragraph and add in word ‘‘Customs’’ and add in its place
references to ‘‘Customs’’ and add in their place ‘‘will’’. ‘‘CBP’’; and remove the word ‘‘shall’’
their place ‘‘CBP’’. and add in its place ‘‘must’’.
§ 18.43 [Amended]
■ c. In paragraph (d), remove all ■ c. In paragraph (a)(3), remove the
references to ‘‘Customs’’ and add in ■ 13. Amend paragraph (a) of § 18.43 by word ‘‘Customs’’ and add in its place
their place ‘‘CBP’’. removing the words ‘‘export ‘‘CBP’’; and remove the word ‘‘shall’’
■ d. In paragraph (f): declarations’’ and adding in their place and add in its place ‘‘will’’.
■ i. Remove all references to ‘‘Customs’’ ‘‘Electronic Export Information (EEI)’’; ■ d. In paragraph (b)(1) remove the word
and add in their place ‘‘CBP’’; removing the word ‘‘shall’’ and adding ‘‘Customs’’ and add in its place ‘‘CBP’’;
■ ii. Remove the reference to ‘‘1302–A’’ in its place ‘‘must’’; and removing the and remove all references to the word
and add in its place ‘‘1302A’’; and words ‘‘Bureau of the Census’’ and ‘‘shall’’ and add in their place ‘‘must’’.
■ iii. Remove the words ‘‘shipper’s adding in their place ‘‘Census Bureau’’. ■ e. In paragraph (b)(2) introductory
export declarations’’ and add in their text, remove all references to ‘‘shall’’
place ‘‘Electronic Export Information PART 113—CBP BONDS and add in their place ‘‘must’’.
(EEI) filing citations, exclusions, and/or ■ f. In paragraph (b)(2)(i), remove the
■ 14. The general authority citation for
exemption legends’’. words ‘‘Shipper’s Export Declarations’’
■ e. In paragraph (g):
part 113 continues to read as follows:
and add in their place ‘‘Electronic
■ i. Remove the word ‘‘Customs’’ and Authority: 19 U.S.C. 66, 1623, 1624.
Export Information (EEI) filing citations,
add in its place ‘‘CBP’’; * * * * * exclusions, and/or exemption legends’’.
■ ii. Remove the reference ‘‘1302–A’’
§ 113.64 [Amended] ■ 20. Amend § 122.74 as follows:
and add in its place ‘‘1302A’’; and
■ a. In paragraph (a)(1), remove all
■ iii. Remove the words ‘‘export ■ 15. Amend paragraph (i) of § 113.64
declarations’’ and add in their place references to ‘‘Customs’’ and add in
by removing the words ‘‘$50 per day for
‘‘EEI’’. their place ‘‘CBP’’; and remove the
the first 3 days, and $100 per day
words ‘‘Shipper’s Export Declarations’’
thereafter, up to $1,000 in total’’ and
PART 10—ARTICLES CONDITIONALLY and add in their place ‘‘Electronic
adding in their place ‘‘$1,100 for each
FREE, SUBJECT TO A REDUCED Export Information (EEI)’’.
day’s delinquency beyond the
RATE, ETC. ■ b. In paragraph (a)(2), remove all
prescribed period, but not more than
references to ‘‘Shipper’s Export
$10,000 per violation’’.
■ 9. The general authority citation for Declarations’’ and add in their place
part 10 continues to read as follows: PART 122—AIR COMMERCE ‘‘EEI filing citations, exclusions, and/or
Authority: 19 U.S.C. 66, 1202 (General REGULATIONS exemption legends’’; remove the
Note 3(i), Harmonized Tariff Schedule of the abbreviation ‘‘U.S.’’ and add in its place
United States (HTSUS)), 1321, 1481, 1484, ■ 16. The general authority citation for ‘‘United States’’; remove all references
1498, 1508, 1623, 1624, 3314. part 122 continues to read as follows: to ‘‘shall’’ and add in their place
* * * * * Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, ‘‘must’’; and remove all references to
1431, 1433, 1436, 1448, 1459, 1590, 1594, ‘‘Customs’’ and add in their place
§ 10.41b [Amended] 1623, 1624, 1644, 1644a, 2071 note. ‘‘CBP’’.
■ 10. Amend paragraph (g)(2) of * * * * * ■ c. Revise paragraph (b) introductory
§ 10.41b by removing the words text and paragraph (b)(2).
‘‘Shipper’s Export Declaration,’’ ‘‘Form § 122.71 [Amended] ■ d. Designate the undesignated
7525–V’’ and adding in their place ■ 17. Amend § 122.71 as follows: paragraph following paragraph (b)(2) as
‘‘Electronic Export Information (EEI)’’. ■ a. In paragraph (a)(1)(ii), remove the ‘‘Note to paragraph (b)’’.
words ‘‘Shipper’s Export Declarations ■ e. In paragraph (c)(1), remove the
PART 18—TRANSPORTATION IN are’’ and add in their place ‘‘Electronic words ‘‘Shipper’s Export Declarations’’
BOND AND MERCHANDISE IN Export Information (EEI) is’’. and add in their place ‘‘EEI’’; and
TRANSIT ■ b. In paragraph (a)(2), remove the remove the word ‘‘shall’’ and add in its
word ‘‘shall’’ and add in its place place ‘‘must’’.
■ 11. The general authority citation for ‘‘must’’; and remove the word ■ f. In paragraph (c)(2), remove all
part 18 continues to read as follows: ‘‘Customs’’ and add in its place ‘‘CBP’’. references to ‘‘Shipper’s Export
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 ■ c. In paragraph (b), remove all Declarations shall’’ and add in their
(General Note 3(i), Harmonized Tariff references to ‘‘Customs’’ and add in place ‘‘EEI must’’.
Schedule of the United States), 1551, 1552, their place ‘‘CBP’’. ■ g. In paragraph (c)(3), remove the
1553, 1623, 1624. words ‘‘Shipper’s Export Declarations
* * * * * § 122.72 [Amended]
shall’’ and add in their place ‘‘EEI
■ 18. Amend § 122.72 by removing the must’’.
§ 18.42 [Amended]
words ‘‘Shipper’s Export Declarations’’ The revisions read as follows:
jstallworth on DSK7TPTVN1PROD with RULES
■ 12. Amend § 18.42 as follows: and adding in their place ‘‘Electronic
■ i. Remove the words ‘‘export Export Information (EEI)’’; and § 122.74 Incomplete (pro forma) manifest.
declarations’’ and add in their place removing the word ‘‘shall’’ and adding * * * * *
‘‘Electronic Export Information (EEI)’’; in its place ‘‘must’’. (b) Exceptions. In the following
■ ii. Remove the words ‘‘Bureau of the circumstances, an incomplete manifest
Census’’ and add in their place ‘‘Census § 122.73 [Amended] will not be accepted and a complete air
Bureau’’; ■ 19. Amend § 122.73 as follows: cargo manifest and all required EEI must
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be filed with the port director before the (2) Shipments to Puerto Rico. For Sections 123.21–123.23, 123.25–123.29,
aircraft will be cleared: flights carrying shipments to Puerto 123.41, 123.51 also issued under 19 U.S.C.
Rico from the United States, the aircraft 1554.
* * * * *
(2) If the aircraft is departing on a commander or agent must file any EEI * * * * *
flight from the U.S. directly or indirectly filing citations, exclusions, and/or § 123.28 [Amended]
to a foreign country listed in § 4.75 of exemption legends required by the
this chapter. Census Bureau’s FTR (see 15 CFR part ■ 26. Amend § 123.28 as follows:
30) upon arrival in Puerto Rico with the ■ a. In paragraph (a), remove all
* * * * * references to ‘‘shall’’ and add in their
■ 21. Amend § 122.75 as follows:
CBP port director there.
place ‘‘must’’; and remove the words
■ a. In paragraph (a) introductory text, * * * * * ‘‘U.S. Customs’’ and add in their place
remove all references to ‘‘shall’’ and add ■ 23. Revise § 122.79 to read as follows: ‘‘CBP’’.
in their place ‘‘must’’; and remove the ■ b. In paragraph (b), remove references
words ‘‘a Shipper’s Export Declaration’’ § 122.79 Shipments to U.S. possessions. to ‘‘shall’’ in the first and second
and add in their place ‘‘Electronic (a) Other than Puerto Rico. An air sentence and add in their place ‘‘will’’;
Export Information (EEI) filing citations, cargo manifest must be filed for aircraft remove the words ‘‘shipper’s export
exemptions, and/or exclusion legends’’. transporting cargo between the United declaration’’ and add in their place
■ b. Revise paragraph (a)(2). ‘‘Electronic Export Information (EEI)
■ c. In paragraph (b)(1), remove the
States and U.S. possessions. Electronic
Export Information (EEI) is not required filing citations, exclusions, and/or
words ‘‘Attached Shipper’s Export exemption legends’’; and remove the
Declarations’’ and add in their place for shipments from the United States or
Puerto Rico to the U.S. possessions, word ‘‘shall’’ in the third sentence and
‘‘The annotated EEI filing citations, add in its place ‘‘must’’.
exclusions, and/or exemption legends’’. except to the U.S. Virgin Islands or from
■ d. In paragraph (b)(2), remove the
a U.S. possession and destined to the
PART 141—ENTRY OF MERCHANDISE
word ‘‘shall’’ and add in its place United States, Puerto Rico, or another
‘‘must’’; remove the words ‘‘Shipper’s U.S. possession. ■ 27. The general authority citation for
Export Declarations’’ and add in their (b) Puerto Rico. When an aircraft part 141 continues to read as follows:
place ‘‘EEI filing citations, exclusions, carries merchandise on a direct flight Authority: 19 U.S.C. 66, 1448, 1484, 1498,
and/or exemption legends’’; and remove from the United States to Puerto Rico, 1624.
the words ‘‘Attached Shipper’s Export any required air cargo manifest or EEI * * * * *
Declarations’’ and add in their place filing citations, exclusions, and/or
‘‘The annotated EEI filing citations, exemption legends, must be filed with § 141.43 [Amended]
exclusions, and/or exemption legends’’. the appropriate port director Puerto ■ 28. Amend paragraph (a) of § 141.43
The revision reads as follows: Rico. by removing the words ‘‘executing
shippers’ export declarations’’ and
§ 122.75 Complete manifest. § 122.143 [Amended]
adding in their place ‘‘filing Electronic
(a) * * * Export Information (EEI)’’.
(2) Direct departure. With regard to ■ 24. Amend § 122.143 as follows:
direct departures of shipments requiring ■ a. In paragraph (b) introductory text, PART 191—DRAWBACK
EEI, each EEI filing citation must be remove the words ‘‘Bureau of the
listed on the air cargo manifest in the Census’’ in the heading and add in their ■ 29. The general authority citation for
column for air waybill numbers. The place ‘‘Census Bureau’’; remove the part 191 continues to read as follows:
statement ‘‘Electronic Information words ‘‘Bureau of the Census Authority: 5 U.S.C. 301; 19 U.S.C. 66,
Annotated’’ must appear on the regulations’’ in the text and add in their 1202 (General Note 3(i), Harmonized Tariff
manifest if this is done. place ‘‘Census Bureau’s Foreign Trade Schedule of the United States), 1313, 1624;
* * * * * Regulations’’; and remove the word * * * * *
■ 22. Amend § 122.76 as follows:
‘‘shall’’ and add in its place ‘‘will’’. ■ 30. Revise paragraph (c)(3) of § 191.51
■ a. Revise the heading of the section ■ b. In paragraph (b)(1), remove the to read as follows:
and paragraph (a). words ‘‘Shipper’s Export Declarations’’
■ b. In paragraph (b), remove the word and add in their place ‘‘Electronic § 191.51 Completion of drawback claims.
‘‘shall’’ and add in its place ‘‘must’’; and Export Information (EEI)’’. * * * * *
remove the word ‘‘Customs’’ and add in (c) * * *
■ c. In paragraph (b)(2), remove the
its place ‘‘CBP’’. (3) Exports. For exports, the HTSUSA
citation ‘‘15 CFR 30.24’’ and add in its number(s) or Schedule B commodity
The revisions read as follows: place ‘‘15 CFR 30.47’’; and remove the classification number(s) must be from
§ 122.76 Electronic Export Information words ‘‘Shipper’s Export Declarations the Electronic Export Information (EEI),
(EEI) filing citations, exclusions, and/or are’’ and add in their place ‘‘EEI is’’. when required. If no EEI is required
exemption legends and inspection (see, e.g., 15 CFR 30.58), the claimant
certificates. PART 123—CBP RELATIONS WITH
CANADA AND MEXICO must provide the Schedule B
(a) Electronic Export Information commodity classification number(s) or
(EEI)—(1) Other than shipments to HTSUSA number(s) that the exporter
Puerto Rico. For shipments other than to ■ 25. The general authority citation for
would have set forth in the EEI, but for
Puerto Rico, at the time of clearance, the part 123 and the specific authority
the exemption from the requirement to
jstallworth on DSK7TPTVN1PROD with RULES
aircraft commander or agent must file citation for § 123.28 continue to read as
file EEI.
with the CBP port director of the follows:
* * * * *
departure airport any EEI filing Authority: 19 U.S.C. 66, 1202 (General
citations, exclusions, and/or exemption Note 3(i), Harmonized Tariff Schedule of the PART 192—EXPORT CONTROL
legends required by the Census Bureau’s United States (HTSUS)), 1431, 1433, 1436,
Foreign Trade Regulations (FTR) (see 15 1448, 1624, 2071 note. ■ 31. The authority citation for part 192
CFR part 30). * * * * * continues to read as follows:
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![32240 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations
Authority: 19 U.S.C. 66, 1624, 1646c. electronically transmit for receipt by (vi) For cargo shipped by pipeline, the
Subpart A also issued under 19 U.S.C. 1627a, CBP, no later than the time period USPPI, the USPPI’s authorized agent, or
1646a, 1646b; subpart B also issued under 13 specified in paragraph (b) of this the FPPI’s authorized filing agent
U.S.C. 303; 19 U.S.C. 2071 note; 46 U.S.C. 91. section, certain Electronic Export should refer to § 30.4 of the Census
§ 192.0 [Amended] Information (EEI), as enumerated in Bureau’s FTR (15 CFR 30.4, 30.46) for
paragraph (c) of this section. applicable time frames for the
■ 32. Amend § 192.0 as follows: Specifically, to effect the advance transmission of EEI.
■ a. Remove all references to ‘‘Customs’’ electronic transmission of the required (2) Applicability of time frames. The
and add in their place ‘‘CBP’’. cargo information to CBP, the USPPI, time periods in paragraph (b)(1) of this
■ b. Remove the words ‘‘Census
the USPPI’s authorized agent, or the section for reporting required EEI to
Regulations at part 30, subpart E (15 FPPI’s authorized filing agent must use CBP for outward vessel, air, truck, or
CFR part 30, subpart E)’’ and add in a CBP-approved electronic data rail cargo only apply to shipments
their place ‘‘Foreign Trade Regulations interchange system (currently, the without an export license, license
(FTR) of the Census Bureau, U.S. Automated Export System (AES)). exemption, or license exception that
Department of Commerce, at part 30, (b) Transmission of data—(1) Time for require full predeparture reporting of
subpart A (15 CFR part 30, subpart A)’’. transmission of EEI. The USPPI, the shipment data, in order to comply with
■ 33. Revise § 192.11 to read as follows: USPPI’s authorized agent, or the FPPI’s the advance cargo information filing
authorized filing agent must requirements under section 343(a),
§ 192.11 Description of the AES.
electronically transmit the EEI required Trade Act of 2002, as amended.
The Automated Export System (AES) by § 30.6 of the Census Bureau’s FTR
is the information system for collecting Requirements placed on exports
(15 CFR 30.6) and have received the controlled by other government agencies
Electronic Export Information (EEI) from AES Internal Transaction Number (ITN)
persons exporting goods from the will remain in force unless changed by
(see paragraph (b)(3) of this section) for the agency having the regulatory
United States, Puerto Rico, or the U.S. outbound cargo no later than the time
Virgin Islands; between Puerto Rico and authority to do so. CBP will also
period specified as follows: continue to require 72-hour advance
the United States; and to the U.S. Virgin (i) For vessel cargo, the USPPI, the
Islands from the United States or Puerto notice for used vehicle exports pursuant
USPPI’s authorized agent, or the FPPI’s to § 192.2(c)(1) and (c)(2)(i). The USPPI,
Rico. Pursuant to the Census Bureau’s authorized filing agent must provide the
Foreign Trade Regulations (FTR), all the USPPI’s authorized agent, or the
EEI filing citation (the ITN), exclusion,
commodity export information for FPPI’s authorized filing agent should
and/or exemption legend to the
which EEI is required must be filed refer to the relevant titles of the Code of
exporting carrier no later than 24 hours
through the AES. This system is the Federal Regulations (CFR) for pre-filing
prior to loading cargo on the vessel at
CBP-approved electronic data requirements of other government
the U.S. port of lading;
interchange system used for purposes of (ii) For air cargo, including cargo agencies. In particular, for the advance
filing EEI as required by § 192.14. AES being transported by air express reporting requirements for exports of
is also the system by which certain sea couriers, the USPPI, the USPPI’s U.S. Munitions List items, see the U.S.
carriers may report required outbound authorized agent, or the FPPI’s Department of State’s International
vessel information electronically (see, authorized filing agent must provide the Traffic in Arms Regulations (ITAR) (22
§§ 4.63, 4.75, and 4.76 of this chapter). EEI filing citation (the ITN), exclusion, CFR parts 120 through 130).
Eligibility and application procedures and/or exemption legend to the (3) System verification of data
are found in the General Requirements exporting carrier no later than 2 hours acceptance or rejection. Once the
section of the FTR, codified at 15 CFR prior to the scheduled departure time of USPPI, the USPPI’s authorized agent, or
part 30, subpart A. The Census Bureau’s the aircraft from the U.S. port of export; the FPPI’s authorized filing agent has
FTR (15 CFR part 30, subpart A) (iii) For truck cargo, including cargo transmitted the EEI required under
provides that exporters may choose to departing by express consignment paragraphs (c)(1) and (c)(2) of this
submit export information through AES courier, the USPPI, the USPPI’s section, and AES has received and
by any one of three electronic filing authorized agent, or the FPPI’s accepted this data, AES will generate
options available. Only Option 4, the authorized filing agent must provide the and transmit to the party that filed the
complete post-departure submission of EEI filing citation (the ITN), exclusion, EEI a confirmation number, the Internal
export information, requires prior and/or exemption legend to the Transaction Number (ITN), assigned to
approval by participating agencies exporting carrier no later than 1 hour that shipment confirming acceptance of
before it can be used by AES prior to the arrival of the truck at the the EEI transmission. When the
participants. border; submission is not accepted, a rejection
(iv) For rail cargo, the USPPI, the message will be transmitted to the filer.
■ 34. Revise § 192.14 to read as follows:
USPPI’s authorized agent, or the FPPI’s (c) EEI required—(1) Commodity data.
§ 192.14 Electronic information for authorized filing agent must provide the The commodity data elements that are
outward cargo required in advance of EEI filing citation (the ITN), exclusion, required to be reported electronically
departure. and/or exemption legend to the through the approved system are found
(a) General requirement. Pursuant to exporting carrier no later than 2 hours in § 30.6 of the Census Bureau’s FTR (15
section 343(a), Trade Act of 2002, as prior to the arrival of the train at the CFR 30.6).
amended (19 U.S.C. 2071 note), for any border; (2) Transportation data. The
commercial cargo that is to be exported (v) For shipments of used self- following transportation data elements
jstallworth on DSK7TPTVN1PROD with RULES
from the United States by vessel, propelled vehicles as defined in § 192.1, are also required to be reported
aircraft, rail, or truck, unless exempted the USPPI’s authorized agent, or the electronically through the approved
under paragraph (d) of this section, the FPPI’s authorized filing agent must system. These data elements are also
U.S. Principal Party in Interest (USPPI), provide the EEI filing citation (the ITN), found in § 30.6 of the Census Bureau’s
the USPPI’s authorized agent, or the exclusion, and/or exemption legend to FTR (30 CFR 30.6):
authorized filing agent of the Foreign the exporting carrier at least 72 hours (i) Method of transportation (the
Principal Party in Interest (FPPI) must prior to export; and method of transportation is defined as
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that by which the goods are exported or departure filing citation, AES downtime through 30.40 of the Census Bureau’s
shipped (vessel, air, rail, or truck)); filing citation, exclusion, and/or FTR (15 CFR 30.2 and 30.35 through
(ii) Carrier identification (for vessel, exemption legend must conform to the 30.40). These exemptions or exclusions
rail and truck shipments, the unique approved EEI filing citation, exclusion, under §§ 30.2 and 30.35 through 30.40
carrier identifier is the 4-character and/or exemption legend formats in of the Census Bureau’s FTR are equally
Standard Carrier Alpha Code (SCAC); Appendix B to the Census Bureau’s FTR applicable under this section.
for aircraft, the carrier identifier is the (15 CFR part 30, Appendix B). Dated: July 5, 2017.
2- or 3-character International Air (4) Carrier responsibility—(i) Loading
Kevin K. McAleenan,
Transport Association (IATA) code); of cargo. The carrier may not load cargo
(iii) Conveyance name (the without first receiving from the USPPI, Acting Commissioner.
conveyance name is the name of the the USPPI’s authorized agent, or the [FR Doc. 2017–14549 Filed 7–12–17; 8:45 am]
carrier; for sea carriers, this is the name FPPI’s authorized filing agent either the BILLING CODE 9111–14–P
of the vessel; for others, the carrier related electronic filing citation as
name); prescribed under paragraph (c)(3) of this
(iv) Country of ultimate destination section, or an appropriate exemption DEPARTMENT OF HOMELAND
(this is the country as known to the legend for the cargo as specified in SECURITY
USPPI, the USPPI’s authorized agent, or paragraph (d) of this section.
the FPPI’s authorized filing agent at the (ii) High-risk cargo. For cargo that Coast Guard
time of exportation, where the cargo is CBP has identified as potentially high-
to be consumed or further processed or risk, the carrier, after being duly notified 33 CFR Part 100
manufactured; this country would be by CBP, will be responsible for [Docket No. USCG–2017–0463]
identified by the 2-character delivering the cargo for inspection/
International Standards Organization examination. When cargo identified as Special Local Regulation; Wheeling
(ISO) code for the country of ultimate high risk has already been exported, Dragon Boat Race, Ohio River Miles
destination); CBP may demand that the export carrier 90.4–91.5
(v) Date of export (the USPPI, the redeliver the cargo in accordance with
USPPI’s authorized agent, or the FPPI’s the terms of its international carrier AGENCY: Coast Guard, DHS.
authorized filing agent must report the bond (see § 113.64(k)(2) of this chapter). ACTION: Notice of enforcement of
date the cargo is scheduled to leave the (5) USPPI receipt of information regulation.
United States for all modes of believed to be accurate. When the
transportation; if the actual date is not USPPI, the USPPI’s authorized agent, or SUMMARY: The Coast Guard will enforce
known, the USPPI, the USPPI’s the FPPI’s authorized filing agent a special local regulation during the
authorized agent, or the FPPI’s electronically presenting the cargo Wheeling Dragon Boat Race on the Ohio
authorized filing agent must report the information required in paragraphs River, from miles 90.4 to 91.5, for all
best estimate as to the time of (c)(1) and (c)(2) of this section receives navigable waters of the river. This
departure); and any of this information from another regulation is needed to protect vessels
(vi) Port of export (the port where the party, CBP will take into consideration transiting the area and event spectators
outbound cargo departs from the United how, in accordance with ordinary from the hazards associated with the
States is designated by its unique code, commercial practices, the USPPI, the Wheeling Dragon Boat Race. During the
as set forth in Annex C, Harmonized USPPI’s authorized agent, or the FPPI’s enforcement period, entry into,
Tariff Schedule of the United States authorized filing agent acquired this transiting, or anchoring in the regulated
(HTSUS); the USPPI, the USPPI’s information, and whether and how the area is prohibited to all vessels not
authorized agent, or the FPPI’s USPPI, the USPPI’s authorized agent, or registered with the sponsor as
authorized filing agent must report the the FPPI’s authorized filing agent is able participants or official patrol vessels,
port of exportation as known when the to verify this information. When the unless specifically authorized by the
USPPI, USPPI’s authorized agent, or the USPPI, the USPPI’s authorized agent, or Captain of the Port Marine Safety Unit
FPPI’s authorized filing agent tenders the FPPI’s authorized filing agent is not Pittsburgh (COTP) or a designated
the cargo to the outbound carrier; reasonably able to verify any representative.
should the carrier export the cargo from information received, CBP will permit
DATES: The regulations in the first table
a different port and the carrier so this party to electronically present the
in 33 CFR 100.801, No. 30 will be
informs the USPPI, the USPPI’s information on the basis of what it
enforced from 7:30 a.m. until 3:00 p.m.,
authorized agent, or the FPPI’s reasonably believes to be true.
(d) Exemptions from reporting; August 26, 2017.
authorized filing agent, the port of
exportation must be corrected by the Census exemptions or exclusions FOR FURTHER INFORMATION CONTACT: If
filer in AES.). applicable. The USPPI, the USPPI’s you have questions about this notice of
(3) Proof of electronic filing; authorized agent, or the FPPI’s enforcement, call or email MST2
exemption from filing. The USPPI, the authorized filing agent must furnish to Charles Morris, Marine Safety Unit
USPPI’s authorized agent, or the FPPI’s the outbound carrier an appropriate Pittsburgh, U.S. Coast Guard; telephone
authorized filing agent must furnish to exemption or exclusion legend for any 412–221–0807, email Charles.F.Morris@
the exporting carrier a proof of EEI filing export shipment laden that is not uscg.mil.
citation (the ITN), post-departure filing subject to predeparture electronic SUPPLEMENTARY INFORMATION: The Coast
citation, AES downtime filing citation information filing under this section. Guard will enforce special local
jstallworth on DSK7TPTVN1PROD with RULES
(when allowed), and the exclusion, and/ The exemption or exclusion legend regulations for the annual Wheeling
or exemption legends (see paragraph (d) must conform to the proper format Dragon Boat Race in the first table of 33
of this section) for annotation on the approved by the Census Bureau (see 15 CFR 100.801, No. 30 from 7:30 a.m.
carrier’s outward manifest, waybill, or CFR part 30, Appendix B). Any until 3:00 p.m., August 26, 2017. Entry
other export documentation covering exemptions or exclusions from reporting into the regulated area is prohibited
the cargo to be shipped. The proof of requirements for export cargo are unless authorized by the Captain of the
EEI filing citation (the ITN), post- enumerated in §§ 30.2 and 30.35 Port Marine Safety Unit Pittsburgh
VerDate Sep<11>2014 14:16 Jul 12, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\13JYR1.SGM 13JYR1](https://thefederalregister.org/doc/82_FR_32365/page/10.svg)
Document Created: 2017-07-13 01:00:30
Document Modified: 2017-07-13 01:00:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 13, 2017. | |
| Contact | Robert C. Rawls, Branch Chief, Outbound Enforcement and Policy Branch, Cargo and Conveyance Security, Office of Field Operations, U.S. Customs and Border Protection, (202) 344-2847. | |
| FR Citation | 82 FR 32232 | |
| CFR Citation | 19
CFR
10 19 CFR 113 19 CFR 122 19 CFR 123 19 CFR 141 19 CFR 18 19 CFR 191 19 CFR 192 19 CFR 4 | |
| CFR Associated | Bonds; Caribbean Basin Initiative; Imports; Trade Agreements; Laboratories; Administrative Practice and Procedure; Air Carriers; Aircraft; Airports; Alcohol and Alcoholic Beverages; Cigars and Cigarettes; Cuba; Drug Traffic Control; Security Measures; Canada; International Boundaries; Mexico; Motor Carriers; Railroads; Common Carriers; Penalties; Surety Bonds; Claims; Foreign Trade Zones; Guantanamo Bay Naval Station; Packaging and Containers; Motor Vehicles; Customs Duties and Inspection; Exports; Freight; Harbors; Maritime Carriers; Oil Pollution; Reporting and Recordkeeping Requirements and Vessels |
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