[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Pages 55720-55722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22224]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

[T.D. 02-51]
RIN 1515-AD01


Re-Use of Air Waybill Number on Air Cargo Manifest

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations pertaining to air 
commerce to provide that once an air waybill number is used on an air 
cargo manifest, one year must elapse before the same air waybill number 
may be used on another air cargo manifest. Current regulations prohibit 
the re-use of an air waybill number for three years after it is used on 
an air cargo manifest. This document also specifies that air cargo 
manifests must reference an 11-

[[Page 55721]]

digit air waybill number for each air waybill it covers.

EFFECTIVE DATE: September 30, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Scholtens, Trade Programs, 
Office of Field Operations: (202) 927-3459.

SUPPLEMENTARY INFORMATION:

Background

    The requirements for aircraft entry and entry documents are set 
forth in subpart E of part 122 of the Customs Regulations (19 CFR Part 
122; Sec. 122.41 et seq.). Under Sec. 122.41 of the regulations (19 CFR 
122.41), all commercial aircraft coming to the United States from a 
foreign area (with certain exceptions not relevant here) must make 
entry. Section 122.48 (19 CFR 122.48) provides that an air cargo 
manifest covering all cargo on board must be filed with the general 
declaration for any aircraft required to make entry under Sec. 122.41. 
Section 122.48(c) pertains to the air cargo manifest form (Customs Form 
7509) and the information it must contain which includes an air waybill 
number for each air waybill covered by the manifest. The number of air 
waybills covered by the manifest depends on the number of air waybills 
that are associated with the cargo on board. This number will vary from 
aircraft to aircraft, depending on the number of shipments on board 
(including consolidated shipments).
    Thus, whenever a commercial aircraft arrives from a foreign place 
and makes entry as required under the regulations, it must submit to 
Customs a manifest containing the appropriate air waybill numbers. (See 
also 19 U.S.C. 1431, 1433, 1434, 1644, and 1644a pertaining to vessel 
and air cargo manifests.)
    Section 4.7a(c)(2)(iii), Customs Regulations (19 CFR 
4.7a(c)(2)(iii)), concerning vessel manifests provides that bills of 
lading must have unique identifier numbers, that the numbers must be 
listed on vessel manifests, and that the identifier numbers may not be 
duplicated within a 3-year period. Section 122.2, Customs Regulations 
(19 CFR 122.2), provides that, except as otherwise provided for in the 
Customs Regulations, the customs laws and regulations applicable to 
vessels are also applicable to aircraft. (Section 122.2 implements 19 
U.S.C. 1644a(b)(1)(E), under which Customs is authorized, by 
regulation, to apply to civil aircraft the laws and regulations 
concerning the entry and clearance of vessels.) Air waybills in the air 
commerce environment are analogous to bills of lading in the vessel 
commerce environment. Because the time frame in which an air waybill 
identifying number may be duplicated is not otherwise provided for in 
the Customs Regulations, Sec. 4.7a(c)(2)(iii), in conjunction with 
Sec. 122.2, sets the time frame; once an air waybill number is used on 
an air cargo manifest, that number may not be duplicated within a 3-
year period.
    Customs reconsidered the three-year restriction on the re-use of 
air waybill numbers and, on March 1, 2002, Customs published a notice 
of proposed rulemaking (NPRM) in the Federal Register (67 FR 9423) 
proposing that Sec. 122.48(c), Customs Regulations, be amended to allow 
an air waybill number to be reused after only a one-year time period. 
In the NPRM, Customs explained that the change was being considered in 
conjunction with Customs efforts to improve its internal automated 
information systems relative to the tracking, archiving, and auditing 
of shipments by use of manifest numbers. Customs also noted that the 
huge volume of importations is affecting the availability of usable 
numbers for air cargo manifests. (The three-year restriction of 
Sec. 4.7a(c)(2)(iii) on the re-use of bill of lading numbers was not 
proposed to be changed by this proposal.)
    The NPRM also proposed to amend Sec. 122.48(c) to specify that the 
air waybill number referenced on the air cargo manifest must be an 11-
digit number. This number is based on a standard International Air 
Transport Association format.

Comments

    The comment period set forth in the NPRM ended on April 30, 2002. 
Only one comment was received.
    Comment: The comment recommended that Customs adjust its Automated 
Manifest System (AMS) programming to accommodate the proposed change 
for reuse of air waybill numbers from three years to one year.
    Customs response: Customs is working on programing changes that 
will be operational by the time the amended regulation takes effect.

Conclusion

    As the only comment received raised an issue that Customs is in the 
process of resolving, upon further consideration by Customs, this 
document adopts as final the amendments to the regulation that were 
proposed on March 1, 2002.

Executive Order 12866

    This document does not meet the criteria for a ``significant 
regulatory action'' as specified in E.O. 12866.

Regulatory Flexibility Act

    Inasmuch as the amendment adopted in this document regarding the 
one-year time restriction on re-use of air waybill numbers represents a 
loosening of the restriction on importers' use of such numbers, it is 
certified, pursuant to the provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), that this amendment to the Customs Regulations 
will not have a significant economic impact on a substantial number of 
small entities. Accordingly, the amendment is not subject to the 
regulatory analysis or other requirements of 5 U.S.C. 603 and 604.

Drafting Information

    The principal author of this document was Bill Conrad, Office of 
Regulations and Rulings, U.S. Customs Service. However, personnel from 
other offices contributed in its development.

List of Subjects in 19 CFR Part 122

    Air cargo, Air cargo manifest, Air carriers, Aircraft, Air 
transportation, Customs duties and inspection, Entry procedure.

Amendments to the Regulations

    For the reasons stated in the preamble, part 122 of the Customs 
Regulations (19 CFR part 122) is amended as follows:

PART 122--AIR COMMERCE REGULATIONS

    1. The general authority citation for part 122 is revised to read 
as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a.
* * * * *

    2. Section 122.48 is amended by revising paragraph (c) to read as 
follows:


Sec. 122.48  Air cargo manifest.

* * * * *
    (c) Form. The air cargo manifest, Customs Form 7509, must contain 
all required information regarding all cargo on board the aircraft, 
except that a more complete description of the cargo shipped may be 
provided by attaching to the manifest copies of the air waybills 
covering the cargo on board, including, if a consolidated shipment, any 
house air waybills. When copies of air waybills are attached, the 
statement ``Cargo as per air waybills attached'' must appear on the 
manifest. The manifest must reference an 11-digit air waybill number 
for each air waybill it covers. The air waybill number must not be used 
by the issuer for another air

[[Page 55722]]

waybill for a period of one year after issuance.
* * * * *

Robert C. Bonner,
Commissioner of Customs.
    Approved: August 27, 2002.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-22224 Filed 8-29-02; 8:45 am]
BILLING CODE 4820-02-P