82 FR 42751 - Reducing Regulation and Controlling Regulatory Costs

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 82, Issue 175 (September 12, 2017)

As part of its implementation of Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' issued by the President on January 30, 2017, and Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' issued by the President on February 24, 2017, U.S. Customs and Border Protection (CBP) within the Department of Homeland Security (DHS) is seeking comments and information from interested parties to assist CBP in identifying existing regulations, paperwork requirements, and other regulatory obligations that can be modified or repealed, consistent with law, to achieve savings of time and money while continuing to achieve CBP's statutory obligations.

[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Proposed Rules]
[Pages 42751-42752]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19167]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / 
Proposed Rules

[[Page 42751]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Chapter I

19 CFR Chapter I

[USCBP-2017-0035]


Reducing Regulation and Controlling Regulatory Costs

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

ACTION: Request for information.

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SUMMARY: As part of its implementation of Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' issued by the 
President on January 30, 2017, and Executive Order 13777, ``Enforcing 
the Regulatory Reform Agenda,'' issued by the President on February 24, 
2017, U.S. Customs and Border Protection (CBP) within the Department of 
Homeland Security (DHS) is seeking comments and information from 
interested parties to assist CBP in identifying existing regulations, 
paperwork requirements, and other regulatory obligations that can be 
modified or repealed, consistent with law, to achieve savings of time 
and money while continuing to achieve CBP's statutory obligations.

DATES: Written comments and information are requested on or before 
December 11, 2017.

ADDRESSES: You may submit suggestions identified by docket number by 
submitting them to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments 
via docket number USCBP-2017-0035. All submissions received must 
include the agency name and docket number for this rulemaking. All 
suggestions received will be posted without change to http://www.regulations.gov, including any personal information provided. Any 
member of the public may access the docket to read suggestions 
received.

FOR FURTHER INFORMATION CONTACT: Elena Ryan, Special Advisor, Programs 
and Policy Analysis, U.S. Department of Homeland Security, U.S. Customs 
and Border Protection, Office of Trade, Regulations and Rulings, 90 K 
Street NE., 10th Floor, MS1177, Washington, DC 20229. Telephone: 202-
325-0004. Email: [email protected].

SUPPLEMENTARY INFORMATION: On January 30, 2017, the President issued 
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs.'' That Executive Order stated that the policy of the executive 
branch is to be prudent and financially responsible in the expenditure 
of funds, from both public and private sources. The Executive Order 
also stated that it is essential to manage the costs associated with 
the governmental imposition of private expenditures required to comply 
with Federal regulations. Toward that end, for fiscal year 2017, the 
Executive Order requires that:
    (a) ``Unless prohibited by law, whenever an executive department or 
agency publicly proposes for notice and comment or otherwise 
promulgates a new regulation, it shall identify at least two existing 
regulations to be repealed.'' Sec. 2(a).
    (b) ``For fiscal year 2017 the total incremental cost of all new 
regulations, including repealed regulations, to be finalized this year 
shall be no greater than zero, unless otherwise required by law or 
consistent with advice provided in writing by the Director of the 
Office of Management and Budget.'' Sec. 2(b); and
    (c) ``Any new incremental costs associated with new regulations 
shall, to the extent permitted by law, be offset by the elimination of 
existing costs associated with at least two prior regulations.'' Sec. 
2(c).
    Further, the Executive Order requires that for fiscal year 2018, 
and for each fiscal year thereafter, the head of each agency shall 
identify, for each regulation that increases incremental cost, 
offsetting regulations, and provide the agency's best approximation of 
the total costs or savings associated with each new regulation or 
repealed regulation.
    Additionally, on February 24, 2017, the President issued Executive 
Order 13777, ``Enforcing the Regulatory Reform Agenda''. The Executive 
Order established a Federal policy to alleviate unnecessary regulatory 
burdens placed on the American people. Section 3(a) of the Executive 
Order directs Federal agencies to establish a Regulatory Reform Task 
Force (Task Force). One of the duties of the Task Force is to evaluate 
existing regulations and make recommendations to the agency head 
regarding their repeal, replacement, or modification. The Executive 
Order further asks that each Task Force attempt to identify regulations 
that:
    (i) Eliminate jobs, or inhibit job creation;
    (ii) Are outdated, unnecessary, or ineffective;
    (iii) Impose costs that exceed benefits;
    (iv) Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) Are inconsistent with the requirements of section 515 of the 
Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 
3516 note), or the guidance issued pursuant to that provision in 
particular those regulations that rely in whole or in part on data, 
information, or methods that are not publicly available or that are 
insufficiently transparent to meet the standard of reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    The Office of Management and Budget has directed that agency 
policies (such as guidance and interpretative documents) and 
information collections that impose costs on the public may also be 
identified under the above criteria, in addition to regulations.
    Section 3(e) of the Executive Order calls on the Task Force to seek 
input and other assistance on this task, as permitted by law, from 
entities significantly affected by Federal regulations, including 
State, local, and Tribal governments, small businesses, consumers, non-
governmental organizations, and trade associations.

Request for Suggestions

    CBP is, through this document, seeking input from entities affected 
by CBP, including state, local, and tribal governments, small 
businesses, consumers, non-governmental organizations, manufacturers, 
and their trade associations. These entities are in

[[Page 42752]]

the best position to help CBP identify rules that are obsolete, 
unnecessary, unjustified, or simply no longer make sense, or rules that 
could be better modernized to accomplish their objectives.
    Consistent with CBP's commitment to public participation in the 
rulemaking process, CBP is soliciting views from the public on specific 
regulations or paperwork requirements that could be altered or 
eliminated to reduce burdens while still allowing CBP to meet its 
mission.
    While CBP promulgates rules in accordance with the law and to the 
best of its analytic capability, it is difficult to be certain of the 
consequences of a rule, including its costs and benefits, until it has 
been tested. Because knowledge about the full effects of a rule is 
widely dispersed in society, members of the public are likely to have 
useful information and perspectives on the benefits and burdens of 
existing requirements and how regulatory obligations may be updated, 
streamlined, revised, or repealed to better achieve regulatory 
objectives, while minimizing regulatory burdens, consistent with 
applicable law.
    Accordingly, CBP is asking you to consider the following questions 
when providing your input:
    (1) Are there CBP rules or reporting requirements that have become 
outdated and, if so, how can they be modernized to better accomplish 
their objective?
    (2) Are there CBP rules that are still necessary, but have not 
operated as well as expected such that a modified, or slightly 
different approach at lower cost is justified?
    (3) Are there CBP rules that unnecessarily obstruct, delay, 
curtail, or otherwise impose significant costs on the secure flow of 
legitimate trade and travel to and from the United States?
    (4) Does CBP currently collect information that it does not need or 
use effectively?
    (5) Are there regulations, reporting requirements, or regulatory 
processes that are unnecessarily complicated or could be streamlined to 
achieve statutory obligations in more efficient ways?
    (6) Are there rules or reporting requirements that have been 
overtaken by technological developments? Can new technologies be 
leveraged to modify, streamline, or do away with existing regulatory or 
reporting requirements?
    To allow CBP to more effectively evaluate suggestions, CBP requests 
that commenters identify with specificity the regulation (in either 
Title 19 CFR Chapter I, or Title 8 CFR, Chapter I) or reporting 
requirement at issue, and provide the legal citation where available. 
Please note that certain regulations which reflect statutory 
requirements cannot be eliminated until the statute is amended or 
repealed to eliminate that requirement. CBP also requests that the 
submitter provide, in as much detail as possible, an explanation why a 
regulation or reporting requirement should be modified, streamlined, or 
repealed, as well as specific suggestions of ways CBP can do so while 
achieving its regulatory objectives. In addition, supporting data or 
other information, such as cost information, for any suggestions would 
be useful.
    Comments from the public are crucial to understanding regulatory 
burden and helping CBP find solutions that are cost effective, 
facilitate legitimate trade and travel, and enhance homeland security. 
While CBP intends to fully consider all input received in response to 
this notice, CBP will not respond individually to comments and none of 
the comments submitted will bind CBP to take any further action.

    Dated: September 6, 2017.
Mark Koumans,
Deputy Executive Assistant Commissioner, Operations Support, U.S. 
Customs and Border Protection.
[FR Doc. 2017-19167 Filed 9-11-17; 8:45 am]
 BILLING CODE 9111-14-P