[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Proposed Rules]
[Pages 66932-66934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29954]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Parts 123 and 142

[Docket No.: USCBP-2006-0132]
RIN 1651-AA68


Land Border Carrier Initiative Program

AGENCY: Customs and Border Protection, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend U.S. Customs and Border 
Protection (CBP) regulations by removing the provisions pertaining to 
the Land Border Carrier Initiative Program (LBCIP). The LBCIP is a 
voluntary industry partnership program under which participating land 
and rail commercial carriers agree to enhance the security of their 
facilities and conveyances to prevent controlled substances from being 
smuggled into the United States.
    Since the promulgation of the LBCIP regulations, CBP has developed 
a more comprehensive voluntary industry partnership program known as 
the Customs-Trade Partnership Against Terrorism (``C-TPAT.'') C-TPAT 
builds upon the best practices of the LBCIP, while providing greater 
border and supply chain security with expanded benefits to approved 
participants. For this reason, CBP intends to terminate the LBCIP and 
focus its partnership efforts on the further development of C-TPAT. 
Current LBCIP members may participate in the program until a final rule 
terminating the LBCIP is published in the Federal Register and goes 
into effect.
    An LBCIP participant may apply for participation in C-TPAT at any 
time and, if accepted, will receive the expanded benefits offered under 
that program. For a more detailed description of C-TPAT, and 
information regarding eligibility, application criteria, and benefits, 
CBP directs current LBCIP participants and all other interested parties 
to the CBP Internet Web site located at http://www.cbp.gov.

DATES: Comments must be received on or before February 16, 2010.

ADDRESSES: You may submit comments, identified by docket number, by one 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments via docket number USCBP 
2006-0132.
     Mail: Border Security Regulations Branch, Customs and 
Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), 
Washington, DC 20229.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the

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SUPPLEMENTARY INFORMATION section of this document.
    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 during regular business days between the hours of 
9 a.m. and 4:30 p.m. at the Border Security Regulations Branch, Customs 
and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. 
Arrangements to inspect submitted comments should be made in advance by 
calling Joseph Clark at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: Glenn Woodley, Jr., Office of Field 
Operations, (202) 344-2725.

SUPPLEMENTARY INFORMATION:

Public Participation

    Interested persons are invited 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.

Background

    The Land Border Carrier Initiative Program (LBCIP) is a CBP-
industry partnership regulatory program that enlists the voluntary 
cooperation of commercial conveyance entities as part of CBP's effort 
to prevent the smuggling of controlled substances into the United 
States.
    Under the LBCIP regulations set forth in title 19 of the Code of 
Federal Regulations (19 CFR 123.71-76), land and rail commercial 
carrier participants may enter into a written agreement with CBP that 
specifies methods by which the carrier will enhance the security of its 
facilities and conveyances. LBCIP participants also agree to identify 
and report suspected smuggling attempts to CBP. In exchange for this 
cooperation, CBP provides training to carrier personnel in the areas of 
cargo and personnel security, document review techniques, drug 
awareness, and conveyance searches. If a controlled substance is found 
aboard a conveyance owned or operated by a participating carrier, CBP 
agrees to follow special administrative procedures relating to the 
assessment and mitigation of drug-related penalties. It is also noted 
that only LBCIP participants may be approved for Line Release entry 
processing at certain high-risk border locations.\1\ See 19 CFR 142.41.
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    \1\ Line Release provides for advance cargo screening and 
expedited release at land border ports.
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    In 2001, CBP introduced the Customs-Trade Partnership Against 
Terrorism (C-TPAT) program. C-TPAT is a voluntary industry partnership 
initiative that meets the objectives of the LBCIP while providing a 
more comprehensive approach to border and supply chain security. The 
program entails CBP's ongoing participation in a joint effort with 
importers, carriers, brokers, warehouse operators, manufacturers, and 
other industry sectors to develop a seamless security-conscious 
environment from manufacturing through transportation and importation 
to ultimate distribution. In addition to providing greater security for 
both government and business, C-TPAT provides its members with the same 
privileges accorded to LBCIP participants, as well as additional 
benefits such as priority processing for CBP inspections, reduced 
number of CBP inspections, assignment of a C-TPAT Supply Chain Security 
Specialist who will work with the company to validate and enhance 
security throughout the company's international supply chain, and 
eligibility to attend C-TPAT supply chain security training seminars. 
(For a detailed explanation of C-TPAT benefits, visit http://www.cbp.gov, and click on the link to C-TPAT).
    C-TPAT builds upon the best practices of existing CBP-industry 
partnership programs and offers more comprehensive supply chain 
security measures for both government and industry than does LBCIP. For 
this reason, and in light of the fact that LBCIP is not an active 
program and CBP has not received an application to participate in LBCIP 
for several years, CBP proposes to terminate LBCIP and focus its 
partnership efforts in the C-TPAT arena. Accordingly, CBP encourages 
any existing LBCIP participants to apply for C-TPAT membership. 
Information on the C-TPAT application process is available on the CBP 
Web site (http://www.cbp.gov). Any existing LBCIP members in good 
standing remain eligible for LBCIP privileges until a final rule 
adopting the proposals set forth in this document is published in the 
Federal Register and becomes effective.
    As a result of these proposed changes, CBP also proposes to replace 
references to the LBCIP in 19 CFR 142.41 (Line Release) and 142.47 
(examinations of Line Release transactions) with references to ``CBP-
approved industry partnership programs.''
    Lastly, this proposed rule would replace the word ``Customs'' where 
it appears in the regulations affected by these proposed changes with 
the acronym ``CBP'' to reflect the change in name resulting from the 
transfer of the legacy U.S. Customs Service of the Department of 
Treasury to the Department of Homeland Security.

Explanation of Amendments

    For the reasons set forth above, CBP proposes to remove Sec. Sec.  
123.71, 123.72, 123.73. 123.74, 123.75, and 123.76 from 19 CFR, and 
amend 19 CFR 142.41 and 142.47.

Regulatory Flexibility Act

    In Treasury Directive (T.D.) 99-2 (64 FR 27, January 4, 1999), it 
was certified that pursuant to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), the LBCIP regulations set forth 
at 19 CFR 123.71-76 would not have a significant economic impact on a 
substantial number of small entities, because the LBCIP is a voluntary 
partnership program that confers benefits to the trade community. 
Accordingly, the LBCIP regulations were not subject to regulatory 
analysis or other requirements of 5 U.S.C. 603 and 604.
    Similarly, as this proposed rule would remove the voluntary LBCIP 
from the regulations and would not impose any direct costs on small 
entities, and as CBP encourages any existing LBCIP members to continue 
their partnership endeavors and benefits by applying for membership in 
C-TPAT, it is certified that pursuant to the provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), this proposed rule, 
if adopted, would not have a significant economic impact on a 
substantial number of small entities. CBP invites comments from small 
entities regarding any direct costs commenters believe this rulemaking 
would impose.

Executive Order 12866

    This proposed rule does not meet the criteria for a ``significant 
regulatory action'' under Executive Order 12866. As such, the Office of 
Management and Budget (OMB) has not reviewed this proposed rule.

Paperwork Reduction Act

    The collections of information affected by this proposed rulemaking

[[Page 66934]]

were previously reviewed and approved by the Office of Management and 
Budget (OMB) in accordance with the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507) under control number 1651-0077. 
There are no new collections of information proposed in this document.
    Part 178 of the CBP regulations (19 CFR part 178), which lists the 
information collections contained in the regulations and control 
numbers assigned by OMB, will be amended accordingly if this proposal 
is adopted

Signing Authority

    This document is being issued in accordance with 19 CFR 0.2(a), 
which provides that the authority of the Secretary of the Treasury with 
respect to CBP regulations that are not related to customs revenue 
functions was transferred to the Secretary of Homeland Security 
pursuant to section 403(1) of the Homeland Security Act of 2002 and 
that such regulations are signed by the Secretary of Homeland Security.

List of Subjects

19 CFR Part 123

    Administrative Practice and Procedure, Canada, Common carriers, 
Customs duties and inspection, Entry of merchandise, Freight, Imports, 
International traffic, Mexico, Motor carriers, Penalties, Railroads, 
Reporting and recordkeeping requirements, Vehicles.

19 CFR Part 142

    Administrative Practice and Procedure, Canada, Computer technology 
(Line release), Common carriers (Carrier initiative program), Customs 
duties and inspection, Entry of merchandise (Line release), Forms, 
Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    For the reasons stated above, CBP proposes to amend parts 123 and 
142 of title 19 of the CFR as set forth below:

PART 123--CBP RELATIONS WITH CANADA AND MEXICO

    1. Revise the Part heading to read as set forth above.
    2. The general authority citation for part 123 continues to read as 
follows, and the specific authority citation for Sec. Sec.  123.71-
123.76 is removed.

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1436, 
1448, 1624, 2071 note.
* * * * *

Subpart H--[Removed and Reserved]

    3. Subpart H is removed and reserved consisting of Sec. Sec.  
123.71 through 123.76.

PART 142--ENTRY PROCESS

    4. The authority citation for part 142 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.

    5. Section 142.41 is amended by removing the word ``Customs'' where 
it appears and adding in each place the term ``CBP'' and, in the last 
sentence, by removing the language, ``the Land Border Carrier 
Initiative Program (see, subpart H of part 123 of this chapter)'' and 
adding in its place the language, ``a CBP-approved industry partnership 
program''.
    6. In Sec.  142.47:
    (a) Paragraph (a) is amended by removing the word ``Customs'' where 
it
    appears and adding in each place the term ``CBP''; and
    (b) Paragraph (b) is amended by removing the word ``Customs'' where 
it appears and adding in each place the term ``CBP'', by removing the 
language ``the Land Border Carrier Initiative Program (LBCIP)'' in the 
first sentence and adding in its place the language ``a CBP-approved 
industry partnership program'' and, in the second sentence, by removing 
the word ``shall'' and adding in its place the word ``must''.

    Dated: December 11, 2009.
Janet Napolitano,
Secretary.
[FR Doc. E9-29954 Filed 12-16-09; 8:45 am]
BILLING CODE 9111-14-P