[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Proposed Rules]
[Pages 43681-43682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12473]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Parts 4 and 122

[USCBP-2005-0003]
RIN 1651-AA62


Passenger Manifests for Commercial Aircraft Arriving in and 
Departing From the United States; Passenger and Crew Manifests for 
Commercial Vessels Departing From the United States

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: This document provides an additional 60 days for interested 
persons to submit comments on the proposed rule to amend the Customs 
and Border Protection Regulations pertaining to the electronic 
transmission of passenger manifests for commercial aircraft arriving in 
and departing from the United States and of passenger and crew 
manifests for commercial vessels departing from the United States. The 
proposed rule provides air carriers a choice to make manifest 
transmissions either for each passenger as passengers check in for the 
flight, up to but no later than 15 minutes prior to departure, or in 
batch form (a complete manifest containing all passenger data) no later 
than 60 minutes prior to departure. The proposed rule also provides for 
vessel carriers transmitting passenger and crew manifests no later than 
60 minutes prior to the vessel's departure from the United States. The 
proposed rule was published in the Federal Register on July 14, 2006, 
and the comment period was scheduled to expire on August 14, 2006.

DATES: Comments on the proposed rule must be received on or before 
October 12, 2006.

ADDRESSES: You may submit comments, identified by docket number USCBP-
2005-0003, by one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.

[[Page 43682]]

    (2) Mail: Comments by mail are to be addressed to the Bureau of 
Customs and Border Protection, Office of Regulations and Rulings, 
Border Security Regulations Branch, 1300 Pennsylvania Ave., NW. (Mint 
Annex), Washington, DC 20229.
    (3) Hand delivery/courier: 799 9th Street, NW., Washington, DC 
20220.

FOR FURTHER INFORMATION CONTACT: Charles Perez, Program Manager, Office 
of Field Operations, Bureau of Customs and Border Protection (202-344-
2605).

SUPPLEMENTARY INFORMATION:

Public Participation

    The Bureau of Customs and Border Protection (CBP) invites 
interested persons to participate in this rulemaking by submitting 
written data, views, or arguments on all aspects of the proposed rule. 
CBP also invites comments that relate to the economic, environmental, 
or federalism effects that might result from this proposed rule. 
Comments that will provide the most assistance to CBP in developing 
these procedures will reference a specific portion of the proposed 
rule, explain the reason for any recommended change, and include data, 
information, or authority that support such recommended change.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking (USCBP-2005-0003). All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Submitted comments 
may also be inspected at the Bureau of Customs and Border Protection, 
799 9th Street, NW., Washington, DC 20220. To inspect comments, please 
call (202) 572-8768 to arrange for an appointment.

Background

    CBP published a document in the Federal Register (71 FR 40035) on 
July 14, 2006, proposing to amend the CBP Regulations pertaining to the 
electronic transmission of passenger manifests for commercial aircraft 
arriving in and departing from the United States and of passenger and 
crew manifests for commercial vessels departing from the United States. 
The proposed changes were designed to implement the mandate of the 
Intelligence Reform and Terrorism Prevention Act of 2004 to require 
screening of aircraft passengers and vessel passengers and crew 
traveling to and from the United States against a government 
established terrorist watch list prior to departure. Thus, the proposed 
rule provides air carriers a choice to make manifest transmissions 
either for each passenger as passengers check in for the flight, up to 
but no later than 15 minutes prior to departure, referred to as APIS 
Quick Query (AQQ), or in batch form (a complete manifest containing 
data for all passengers) no later than 60 minutes prior to departure, 
referred to as APIS 60. The proposed rule also provides for vessel 
carriers transmitting passenger and crew manifests no later than 60 
minutes prior to the vessel's departure from the United States. In 
addition, the proposed rule proposes to change the definition of 
``departure'' for aircraft to mean the moment the aircraft pushes back 
from the gate to commence its approach to the point of takeoff (as 
opposed to the moment the wheels are drawn up into the aircraft just 
after takeoff).
    The document invited the public to comment on the proposal, 
including the Regulatory Assessment containing an analysis of the 
expected economic impact of the changes. The Regulatory Assessment is 
posted on http://www.regulations.gov and on the CBP Web site at http://www.cbp.gov (it is also summarized in the proposed rule). Comments on 
the proposed rule were requested on or before August 14, 2006.

Extension of Comment Period

    In response to the proposed rule published in the Federal Register, 
CBP has received comments from the Air Transport Association (ATA), the 
Air Carrier Association of America (ACAA), and the International Air 
Transport Association (IATA), requesting an extension of the comment 
period for an additional 60 days. CBP has determined to grant the 
requests for extension. Accordingly, the period of time for the 
submission of comments is being extended 60 days. Comments are now due 
on or before October 12, 2006.

    Dated: July 28, 2006.
Deborah J. Spero,
Deputy Commissioner, Customs and Border Protection.
 [FR Doc. E6-12473 Filed 8-1-06; 8:45 am]
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