[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Proposed Rules]
[Pages 48098-48100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23360]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 103
RIN 1515-AB89
Electronic Request for Confidential Treatment of Export Manifest
Data
AGENCY: Customs Service, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend the Customs Regulations
concerning export manifest data to enable shippers to request
confidential treatment of their name and address information on the
Automated Export System (AES). The changes proposed will also provide
for the availability of AES export manifest data on magnetic tapes.
DATES: Comments must be received on or before November 12, 1996.
ADDRESSES: Written comments (preferably in triplicate) may be addressed
to the Regulations Branch, Office of Regulations and Rulings, U.S.
Customs Service, Franklin Court, 1301 Constitution Avenue, NW,
Washington, DC 20229. Comments submitted may be inspected at the
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service, Franklin Court, 1099 14th St., NW, suite 4000, Washington, DC.
FOR FURTHER INFORMATION CONTACT: AES Team, Office of Information and
Technology, (202) 927-0280. If you have a fax machine, phone (202) 927-
3555 to receive a menu of AES topics on which specific information is
available via fax.
SUPPLEMENTARY INFORMATION:
Background
The filing and public disclosure requirements applicable to vessel
inward manifests are contained at Section 431 of the Tariff Act of
1930, as amended (19 U.S.C. 1431). While the filing requirements
applicable to vessel outward manifests are contained at Section 4197 of
the Revised Statutes of the United States, as amended (46 U.S.C. App.
91), the public disclosure requirements applicable to such manifests
are contained at Section 431 of the Tariff Act of 1930, as amended (19
U.S.C. 1431). (It is noted regarding the filing of manifest information
that while the Secretary of Commerce, pursuant to 13 U.S.C. 301, is
required to collect information from all persons engaged in foreign
commerce or trade, it is Customs that collects the actual manifest
information, see 13 U.S.C. 303.) Regarding the public disclosure of
[[Page 48099]]
manifest data, Section 431(c) provides that the information to be made
available shall include the name and address of each importer or
consignee and the name and address of the shipper to such importer or
consignee, unless the importer or consignee has made a biennial
certification--in writing--to the Disclosure Law Officer, Headquarters,
U.S. Customs Service, claiming confidential treatment of such
information.
The Customs Regulations implementing the public disclosure of
manifest information requirements are found at Sec. 103.31(c) (19 CFR
103.31(c)) (formerly Sec. 103.14(c), but redenominated May 3, 1996, in
T.D. 96-36 (61 FR 19838)); the confidentiality provisions are found at
Sec. 103.31(d) (19 CFR 103.31(d)). Section 103.31 was last amended in
1992 by T.D. 92-92 (57 FR 44089), to make inbound manifest data
acquired from the Automated Manifest System (AMS) available to the
public on magnetic tapes.
On February 24, 1994, the Commissioner of Customs directed Customs
to develop an Automated Export System (AES) in cooperation with the
Bureau of the Census. The AES was implemented on an initial and
voluntary basis on July 3, 1995, at five ports: Charleston, SC,
Baltimore, MD, Houston, TX, Norfolk, VA, and Los Angeles-Long Beach,
CA. At this time all exporters, forwarders, and carriers transmitting
information into AES are still required to file paper Shippers Export
Declarations and outward manifests as required by existing regulations.
See, 19 CFR 4.63.
Changes in procedures are planned that will allow approved
participants in AES to meet these requirements solely through the
electronic filing of information into AES.
AES was designed to create, to the maximum extent possible, a
paperless environment in export reporting. It is anticipated that this
will result in significant private-sector savings by reducing the need
for document preparation, routing, and submission.
Further, AES was designed and developed with the input and advice
of affected private-sector parties. Because much of the manifest data
will be made available to the news media and public, several requests
were made that AES be programmed to accommodate an on-line request for
confidential treatment of the shipper's name and address data on
outward manifests. Such a procedure, if implemented, would provide cost
savings and efficiencies similar to those described above and encourage
greater utilization of the AES.
Accordingly, this document proposes to amend the Customs
Regulations at Secs. 103.31(d)(2) and (e) (1) and (3). Section
103.31(d)(2) will be revised to provide that those shippers that use
the AES may request confidential treatment of their name and address
information via the AES, as an alternative to the written certification
procedures delineated at Sec. 103.31(d)(1). Electronic requests for
confidential treatment via AES will be treated in the identical manner
as a request in writing. Section 103.31(e)(1) will be revised to
provide that outward manifest data acquired from the AES is available
to the public on magnetic tape and Sec. 103.31(e)(3) will be revised to
list the 11 data elements (two elements for which confidentiality may
be requested) that will be provided to the public.
Comments
Before adopting this proposal as a final rule, consideration will
be given to any written comments timely submitted to Customs. Comments
submitted will be available for public inspection in accordance with
the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4 of the Treasury
Department Regulations (31 CFR 1.4), and Sec. 103.11(b) of the Customs
Regulations (19 CFR 103.11(b), on regular business days between the
hours of 9 a.m. and 4:30 p.m. at the Regulations Branch, U.S. Customs
Service, Franklin Court, 1099 14th St., NW, Suite 4000, Washington,
D.C.
The Regulatory Flexibility Act and Executive Order 12866
Pursuant to the provisions of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) and based upon the information set forth above, it
is certified that the proposed amendments, if adopted, will not have a
significant impact on a substantial number of small entities.
Accordingly, the proposal is not subject to the regulatory analysis or
other requirements of 5 U.S.C. 603 and 604. This document does not meet
the criteria for a ``significant regulatory action'' as specified in
E.O. 12866.
List of Subjects in 19 CFR Part 103
Administrative practice and procedure, Confidential business
information, Exports, Reporting and recordkeeping requirements.
Proposed Amendment to the Regulations
For the reasons stated above, it is proposed to amend part 103 of
the Customs Regulations (19 CFR part 103) as set forth below:
PART 103--AVAILABILITY OF INFORMATION
1. The general authority citation for part 103 continues to read,
and a specific authority citation for Sec. 103.31 is added to read, as
follows:
Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31
U.S.C. 9701.
Section 103.31 also issued under 19 U.S.C. 1431 and 46 U.S.C. App.
91;
* * * * *
2. In Sec. 103.31, paragraph (d)(2); the first sentence of
paragraph (e)(1); and paragraph (e)(3) are revised to read as follows:
Sec. 103.31 Information on vessel manifests and summary statistical
reports.
* * * * *
(d) Confidential treatment--
(2) Outward manifest. A shipper, authorized employee, official, or
authorized agent of the shipper may request confidential treatment of
its name and address contained in outward manifests by following the
written certification procedures provided in paragraphs (d)(1)(ii)-(iv)
of this section or, if authorized to transmit information on the
Automated Export System (AES), by submitting a certification request
on-line in that system. In the latter situation, the format and routing
of such request will be as designated in the AES Users Guide.
* * * * *
(e) Availability of manifest data on magnetic tapes.
(1) Availability. Inward manifest data acquired from the Automated
Manifest System (AMS) and outward manifest data acquired from the
Automated Export System (AES) are available to interested members of
the public on magnetic tape. * * *
* * * * *
(3) Data elements. The following are the data elements from the
designated manifest (AMS/AES) which will be provided to the public via
magnetic tape:
(i) AMS manifest:
(A) Carrier code;
(B) Vessel country code;
(C) Vessel name;
(D) Voyage number;
(E) Port of unlading;
(F) Estimated date of arrival;
(G) Bill of lading number;
(H) Foreign port of lading;
(I) Manifest quantity;
(J) Manifest units;
(K) Weight;
(L) Weight unit;
(M) Shipper's name \1\;
(N) Shipper's address \1\;
(O) Consignee's address \1\;
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(Q) Notifying party's name \1\;
(R) Notifying party's address \1\;
(S) Piece count;
(T) General description of goods;
(U) Container number(s); and
(V). Seal number(s).
(ii) AES manifest:
(A) Carrier code;
(B) Vessel country code;
(C) Vessel name;
(D) Voyage number;
(E) Port of lading;
(F) Foreign port of unlading;
(G) Manifest quantity;
(H) Manifest units;
(I) General description of goods;
(J) Shipper's name \1\; and
(K) Shipper's address \1\.
Michael H. Lane,
Acting Commissioner of Customs.
Approved: June 5, 1996.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-23360 Filed 9-11-96; 8:45 am]
BILLING CODE 4820-02-M
