[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