[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 40075-40076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19423]
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DEPARTMENT OF THE TREASURY
Customs Service
[T.D. 96-59]
Dissemination of Information Product and Elimination of
Microfiche
AGENCY: U. S. Customs Service, Department of the Treasury.
ACTION: Final notice of new information dissemination.
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SUMMARY: On February 22, 1996, the U.S. Customs Service published a
document in the Federal Register soliciting comments on providing its
rulings, future publications and additional information in two new
formats (CD-ROM and the Internet) with built-in search capabilities and
``hypertext'' links. In addition, the Customs Service solicited public
comments on the elimination of one existing format used to supply
rulings to the public by subscription (microfiche). After analysis of
the comments received and further consideration, Customs in this
document announces a decision not to issue CD-ROMS with a search engine
at this time, advises the public that Customs information will be
available on the Internet's World Wide Web, effective August 1, 1996,
and sets October 1, 1996 as the date for elimination of the microfiche.
FOR FURTHER INFORMATION CONTACT:
For the Internet: Karen Hjelmervik, 202-927-0826.
For the microfiche: Thomas Budnik, 202-482-6909.
For the Public CD-ROM: Stuart P. Seidel, 202-482-6900.
SUPPLEMENTARY INFORMATION:
Background
In accordance with OMB Circular A-130 and Section 2 of the
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(d)),
Customs published a document in the Federal Register on February 22,
1996 (61 FR 6892), soliciting comments from the public on (1) the
dissemination of Customs information by CD-ROM (Compact Disc-read only
memory); (2) dissemination of information on the Internet; and (3) the
elimination of microfiche rulings by subscription. A total of 41
comments were received. Comments were received from importers, law
firms, accounting firms, Customs brokers, consultants, commercial
publishers, several trade organizations and a bar association. Some
comments addressed all three issues, while others only commented on one
or two of the issues presented. This document summarizes the comments
received and the decisions reached as a result of those comments.
CD-ROM
A majority of the comments favored making the information listed in
the notice available with a search engine in CD-ROM by subscription.
Some of the comments expressed concern over use of a proprietary search
engine and suggested that the material be issued in ASCII, WordPerfect
or DOS text format as well as, or in lieu of, Folio Views.
This alternative would have made the information available in plain
text, which could then be converted into other formats by the users.
These alternative formats could not, however, be linked to other
documents. One comment suggested issuance of the CD-ROM in the Apple
Macintosh Folio format. Those who favored issuing a CD-ROM believed
that it would provide timely information in an easily searchable
format, thereby meeting the Customs Modernization Act's authorization
for the Secretary to make available in an efficient, comprehensive and
timely manner, all information necessary for importers and exporters to
comply with the Customs laws and regulations. Several comments were
received which opposed making a CD-ROM with a search engine available
to the public, because the product would directly compete with
commercial CD-ROM publishers who had made considerable financial
investments, and because the CD-ROM proposed by Customs would utilize a
proprietary format, thereby preventing, or making more difficult, its
use by commercial publishers of competing products. In addition to the
written comments, representatives of Customs met with representatives
of some of the commercial electronic publishers. At this meeting,
concerns were expressed over Customs direct competition with commercial
products, subscription costs, proprietary formats and publication
frequency. Several publishers indicated that Customs proposed CD-ROM
could put them out of business.
Internet
Customs also proposed placing its rulings, publications and other
information of interest to the public on the Internet with hypertext
links and search capability. Over 20 comments were received in favor of
this proposal, although two suggested plain text or no search
capabilities. Only one comment, based on security concerns was received
in opposition to this proposal. Some commenters suggested that the
Internet offered a better dissemination capability than the CD-ROM,
because it was available to more users and could be updated more
frequently.
Microfiche
Of the 16 comments received concerning elimination of the
microfiche rulings, eight favored immediate elimination. Several other
commenters believed that the microfiche could be eliminated if
comparable material were made available in electronic media. Several
commenters suggested that Customs prepare a cumulative index of the
microfiche ruling numbers and make it available on a closeout
microfiche and
[[Page 40076]]
electronically, if possible. Some commenters also suggested converting
the microfiche rulings to electronic format (CD-ROM or Internet) or at
least making older rulings which are cited in new rulings available
electronically.
Decisions
The Customs Service agrees that in accordance with the ``informed
compliance'' mandate contained in the legislative history of the
Customs Modernization Act (Title VI, Pub. L. 103-182) the broadest
dissemination possible should be made of Customs information. However,
the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and OMB Circular
A-130, while encouraging electronic dissemination of public
information, require agencies to encourage a diversity of public and
private sources for information; not establish restrictive distribution
arrangements which interfere with timely and equitable availability of
public information; and consider the effect of competition with
commercial sources. It appears that there are at least five commercial
CD-ROM and printed media publishers who provide Customs rulings,
regulations and other material to the importing public. As a result of
the comments received, Customs has decided not to make a CD-ROM
containing its rulings and other information available to the public at
this time. Customs reserves the right to periodically review this
decision and monitor the services provided by third party publishers to
see if the need for public information is being met by their products.
The Customs Service has decided to go forward with its proposal to
make information available on the Internet. Accordingly, on or about
August 1, 1996, members of the public may seek access to Customs
information by contacting its World Wide Web site at http://
www.customs.ustreas.gov. It is anticipated that the web site offerings
will include all the rulings available in electronic format (including
all Headquarters Rulings and New York Rulings previously available on
diskette), as well as the Customs Regulations, title 19 of the U.S.
Code, the Harmonized Tariff Schedules, Informed Compliance publications
and the Valuation Encyclopedia. In addition, the web site would include
information on Customs organization, importing and exporting,
enforcement activities, travel information, career opportunities, and
news releases. Finally, the web site will include an index to all
rulings previously published on microfiche. All features and
capabilities may not be immediately available, but will be added over
the next few months. Customs also invites the public to identify the
types of materials it would like to see on the web site in the future.
Suggestions may be submitted to Karen Hjelmervik, Room 2146, U.S.
Customs Service, 1301 Constitution Ave. NW., Washington, DC 20229.
Finally, the Customs Service has decided to eliminate the
microfiche rulings program effective October 1, 1996. However, in order
to insure that the public has access to older rulings, Customs will
provide a cumulative index to the microfiche rulings on microfiche
itself and on the Internet web-site. Customs agrees that when an older
ruling is cited in a new ruling, the older ruling should be available
to the public and Customs will try whenever possible to scan or
otherwise convert such cited rulings to an electronic format, both in
the diskette rulings and the Internet. In addition, although no new
rulings microfiches will be made, the previously issued microfiches
will remain available for purchase for the foreseeable future from the
Legal Reference Staff, Office of Regulations and Rulings, 1301
Constitution Avenue, NW. (Franklin Court), Washington, DC 20229.
Dated: July 25, 1996.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 96-19423 Filed 7-30-96; 8:45 am]
BILLING CODE 4820-02-P
