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)

Page Range		42751-42752
FR Document		2017-19167

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in identifying existing regulations, paperwork requirements, and other regulatory obligations that can be modified or repealed, consistent with law, to achieve savings of time and money while continuing to achieve CBP's statutory obligations.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 Issue 175 (Tuesday, September 12, 2017)

[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]


========================================================================
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.

========================================================================


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.

-----------------------------------------------------------------------

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

42751

Proposed Rules Federal Register
Vol. 82, No. 175

Tuesday, September 12, 2017

This section of the FEDERAL REGISTER member of the public may access the 13777, ‘‘Enforcing the Regulatory
contains notices to the public of the proposed docket to read suggestions received. Reform Agenda’’. The Executive Order
issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: established a Federal policy to alleviate
purpose of these notices is to give interested Elena Ryan, Special Advisor, Programs unnecessary regulatory burdens placed
persons an opportunity to participate in the on the American people. Section 3(a) of
rule making prior to the adoption of the final
and Policy Analysis, U.S. Department of
Homeland Security, U.S. Customs and the Executive Order directs Federal
rules.
Border Protection, Office of Trade, agencies to establish a Regulatory
Regulations and Rulings, 90 K Street Reform Task Force (Task Force). One of
DEPARTMENT OF HOMELAND NE., 10th Floor, MS1177, Washington, the duties of the Task Force is to
SECURITY DC 20229. Telephone: 202–325–0004. evaluate existing regulations and make
Email: regulatoryreformsuggestion@ recommendations to the agency head
U.S. Customs and Border Protection cbp.dhs.gov. regarding their repeal, replacement, or
modification. The Executive Order
SUPPLEMENTARY INFORMATION: On
8 CFR Chapter I further asks that each Task Force
January 30, 2017, the President issued
attempt to identify regulations that:
Executive Order 13771, ‘‘Reducing (i) Eliminate jobs, or inhibit job
19 CFR Chapter I Regulation and Controlling Regulatory creation;
Costs.’’ That Executive Order stated that (ii) Are outdated, unnecessary, or
[USCBP–2017–0035] the policy of the executive branch is to ineffective;
be prudent and financially responsible (iii) Impose costs that exceed benefits;
Reducing Regulation and Controlling in the expenditure of funds, from both (iv) Create a serious inconsistency or
Regulatory Costs public and private sources. The otherwise interfere with regulatory
AGENCY: U.S. Customs and Border Executive Order also stated that it is reform initiatives and policies;
Protection, Department of Homeland essential to manage the costs associated (v) Are inconsistent with the
Security. with the governmental imposition of requirements of section 515 of the
private expenditures required to comply Treasury and General Government
ACTION: Request for information.
with Federal regulations. Toward that Appropriations Act, 2001 (44 U.S.C.
SUMMARY: As part of its implementation end, for fiscal year 2017, the Executive 3516 note), or the guidance issued
of Executive Order 13771, ‘‘Reducing Order requires that: pursuant to that provision in particular
Regulation and Controlling Regulatory (a) ‘‘Unless prohibited by law, those regulations that rely in whole or
Costs,’’ issued by the President on whenever an executive department or in part on data, information, or methods
January 30, 2017, and Executive Order agency publicly proposes for notice and that are not publicly available or that are
13777, ‘‘Enforcing the Regulatory comment or otherwise promulgates a insufficiently transparent to meet the
Reform Agenda,’’ issued by the new regulation, it shall identify at least standard of reproducibility; or
President on February 24, 2017, U.S. two existing regulations to be repealed.’’ (vi) Derive from or implement
Customs and Border Protection (CBP) Sec. 2(a). Executive Orders or other Presidential
within the Department of Homeland (b) ‘‘For fiscal year 2017 the total directives that have been subsequently
Security (DHS) is seeking comments and incremental cost of all new regulations, rescinded or substantially modified.
information from interested parties to including repealed regulations, to be The Office of Management and Budget
assist CBP in identifying existing finalized this year shall be no greater has directed that agency policies (such
regulations, paperwork requirements, than zero, unless otherwise required by as guidance and interpretative
and other regulatory obligations that can law or consistent with advice provided documents) and information collections
be modified or repealed, consistent with in writing by the Director of the Office that impose costs on the public may also
law, to achieve savings of time and of Management and Budget.’’ Sec. 2(b); be identified under the above criteria, in
money while continuing to achieve and addition to regulations.
CBP’s statutory obligations. (c) ‘‘Any new incremental costs Section 3(e) of the Executive Order
associated with new regulations shall, to calls on the Task Force to seek input
DATES: Written comments and the extent permitted by law, be offset by and other assistance on this task, as
information are requested on or before the elimination of existing costs permitted by law, from entities
December 11, 2017. associated with at least two prior significantly affected by Federal
ADDRESSES: You may submit regulations.’’ Sec. 2(c). regulations, including State, local, and
suggestions identified by docket number Further, the Executive Order requires Tribal governments, small businesses,
by submitting them to the Federal that for fiscal year 2018, and for each consumers, non-governmental
eRulemaking Portal: http:// fiscal year thereafter, the head of each organizations, and trade associations.
pmangrum on DSK3GDR082PROD with PROPOSALS1

www.regulations.gov. Follow the agency shall identify, for each
instructions for submitting comments regulation that increases incremental Request for Suggestions
via docket number USCBP–2017–0035. cost, offsetting regulations, and provide CBP is, through this document,
All submissions received must include the agency’s best approximation of the seeking input from entities affected by
the agency name and docket number for total costs or savings associated with CBP, including state, local, and tribal
this rulemaking. All suggestions each new regulation or repealed governments, small businesses,
received will be posted without change regulation. consumers, non-governmental
to http://www.regulations.gov, including Additionally, on February 24, 2017, organizations, manufacturers, and their
any personal information provided. Any the President issued Executive Order trade associations. These entities are in

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42752 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules

the best position to help CBP identify reporting requirement at issue, and DATES: We must receive comments on
rules that are obsolete, unnecessary, provide the legal citation where this proposed AD by October 27, 2017.
unjustified, or simply no longer make available. Please note that certain ADDRESSES: You may send comments,
sense, or rules that could be better regulations which reflect statutory using the procedures found in 14 CFR
modernized to accomplish their requirements cannot be eliminated until 11.43 and 11.45, by any of the following
objectives. the statute is amended or repealed to methods:
Consistent with CBP’s commitment to eliminate that requirement. CBP also • Federal eRulemaking Portal: Go to
public participation in the rulemaking requests that the submitter provide, in http://www.regulations.gov. Follow the
process, CBP is soliciting views from the as much detail as possible, an instructions for submitting comments.
public on specific regulations or explanation why a regulation or • Fax: 202–493–2251.
paperwork requirements that could be reporting requirement should be • Mail: U.S. Department of
altered or eliminated to reduce burdens modified, streamlined, or repealed, as Transportation, Docket Operations,
while still allowing CBP to meet its well as specific suggestions of ways CBP M–30, West Building Ground Floor,
mission. can do so while achieving its regulatory Room W12–140, 1200 New Jersey
While CBP promulgates rules in objectives. In addition, supporting data Avenue SE., Washington, DC 20590.
accordance with the law and to the best or other information, such as cost • Hand Delivery: Deliver to Mail
of its analytic capability, it is difficult to information, for any suggestions would address above between 9 a.m. and 5
be certain of the consequences of a rule, be useful. p.m., Monday through Friday, except
including its costs and benefits, until it Comments from the public are crucial Federal holidays.
has been tested. Because knowledge to understanding regulatory burden and For service information identified in
about the full effects of a rule is widely helping CBP find solutions that are cost this NPRM, contact General Electric
dispersed in society, members of the effective, facilitate legitimate trade and Company, GE-Aviation, Room 285, 1
public are likely to have useful travel, and enhance homeland security. Neumann Way, Cincinnati, OH 45215,
information and perspectives on the While CBP intends to fully consider all phone: 513–552–3272; fax: 513–552–
benefits and burdens of existing input received in response to this 3329; email: geae.aoc@ge.com. You may
requirements and how regulatory notice, CBP will not respond view this service information at the
obligations may be updated, individually to comments and none of FAA, Engine and Propeller Standards
streamlined, revised, or repealed to the comments submitted will bind CBP Branch, Policy and Innovation Division,
better achieve regulatory objectives, to take any further action. 1200 District Avenue, Burlington, MA.
while minimizing regulatory burdens, For information on the availability of
Dated: September 6, 2017.
consistent with applicable law. this material at the FAA, call 781–238–
Accordingly, CBP is asking you to Mark Koumans,
Deputy Executive Assistant Commissioner,
7125.
consider the following questions when
providing your input: Operations Support, U.S. Customs and Border Examining the AD Docket
(1) Are there CBP rules or reporting Protection.
[FR Doc. 2017–19167 Filed 9–11–17; 8:45 am]
You may examine the AD docket on
requirements that have become outdated the Internet at http://
and, if so, how can they be modernized BILLING CODE 9111–14–P
www.regulations.gov by searching for
to better accomplish their objective? and locating Docket No. FAA–2017–
(2) Are there CBP rules that are still 0668; or in person at the Docket
necessary, but have not operated as well DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m.
as expected such that a modified, or and 5 p.m., Monday through Friday,
slightly different approach at lower cost Federal Aviation Administration except Federal holidays. The AD docket
is justified? contains this NPRM, the regulatory
(3) Are there CBP rules that 14 CFR Part 39 evaluation, any comments received, and
unnecessarily obstruct, delay, curtail, or other information. The street address for
otherwise impose significant costs on [Docket No. FA–2017–0668; Product
Identifier 2017–NE–17–AD] the Docket Office (phone: 800–647–
the secure flow of legitimate trade and 5527) is in the ADDRESSES section.
travel to and from the United States? RIN 2120–AA64 Comments will be available in the AD
(4) Does CBP currently collect
docket shortly after receipt.
information that it does not need or use Airworthiness Directives; General
effectively? FOR FURTHER INFORMATION CONTACT:
Electric Company Turbofan Engines
(5) Are there regulations, reporting Herman Mak, Aerospace Engineer, FAA,
requirements, or regulatory processes AGENCY: Federal Aviation ECO Branch, Compliance and
that are unnecessarily complicated or Administration (FAA), DOT. Airworthiness Division, 1200 District
could be streamlined to achieve ACTION: Notice of proposed rulemaking Avenue, Burlington, MA 01803; phone:
statutory obligations in more efficient (NPRM). 781–238–7147; fax: 781–238–7199;
ways? email: herman.mak@faa.gov.
(6) Are there rules or reporting SUMMARY: We propose to adopt a new SUPPLEMENTARY INFORMATION:
requirements that have been overtaken airworthiness directive (AD) for all
General Electric Company (GE) CF6– Comments Invited
by technological developments? Can
pmangrum on DSK3GDR082PROD with PROPOSALS1

new technologies be leveraged to 80A, –80A1, –80A2, and –80A3 We invite you to send any written
modify, streamline, or do away with turbofan engines. This proposed AD was relevant data, views, or arguments about
existing regulatory or reporting prompted by high cycle fatigue (HCF) this proposal. Send your comments to
requirements? cracking of the low-pressure turbine an address listed under the ADDRESSES
To allow CBP to more effectively (LPT) stage 3 nozzles. This proposed AD section. Include ‘‘Docket No. FAA–
evaluate suggestions, CBP requests that would require replacement of the LPT 2017–0668; Product Identifier 2017–
commenters identify with specificity the stage 3 nozzles. We are proposing this NE–17–AD’’ at the beginning of your
regulation (in either Title 19 CFR AD to address the unsafe condition on comments. We specifically invite
Chapter I, or Title 8 CFR, Chapter I) or these products. comments on the overall regulatory,

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Document Created: 2018-10-24 14:15:38
Document Modified: 2018-10-24 14:15:38

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		Proposed Rules
Action		Request for information.
Dates		Written comments and information are requested on or before December 11, 2017.
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]
FR Citation		82 FR 42751
CFR Citation		19 Title 19 CFR Chapter I 8 Title 8 CFR Chapter I

82 FR 42751 - Reducing Regulation and Controlling Regulatory Costs

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protection

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

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