Allowing Importers To Provide Information to U.S. Customs and Border Protection in Electronic Format |
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Mark R. Rosekind
National Highway Traffic Safety Administration
September 2, 2015
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 53011-53015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21505]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 591and 592
[Docket No. NHTSA-2015-0076]
RIN 2127-AL63
Allowing Importers To Provide Information to U.S. Customs and
Border Protection in Electronic Format
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Interim Final Rule; request for comments.
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SUMMARY: This interim Final Rule amends NHTSA's regulation on the
importation of motor vehicles and motor vehicle equipment subject to
Federal safety, bumper and theft prevention standards by allowing
importers to provide information to United States Customs and Border
Protection (CBP) in either electronic or paper format. Presently,
certain regulatory provisions require importers to provide
documentation or information in a ``written statement'' or in ways that
imply the submission of a paper document, including the phrases ``in
duplicate,'' ``a copy of,'' a ``document,'' and ``accompanied by a
statement.'' Over the course of the coming months, CBP plans to allow
importers to file importation information in paper format only or
electronic format only. To allow importers to choose their preferred
format for filing information required by NHTSA, the agency is amending
its importation regulations to specify that importers have the option
to file all required information electronically, in addition to the
paper option currently available.
This document is being issued as an interim Final Rule to provide
timely assistance to importers by allowing alternative methods of
filing with CBP the importation information required by NHTSA. The
amendments in this interim Final Rule do not create any new rights or
obligations, nor impose any new reporting requirements. The agency
herein requests comments on the rule. The agency will publish a notice
responding to any comments received, if any, and will amend provisions
of the regulation if appropriate.
DATES: Effective date: This interim Final Rule becomes effective
September 2, 2015.
Comments: Comments on this interim Final Rule are due not later
than October 2, 2015.
ADDRESSES: Written comments to NHTSA may be submitted using any one of
the following methods:
Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery or Courier: U.S. Department of
Transportation, West Building Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Regardless of how you submit your comments, please be sure you
mention the docket number of this document located at the top of this
notice in your correspondence.
You may call the Docket at 202-366-9324.
Note that all comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Arija Flowers, Trial Attorney, Office
of the Chief Counsel, National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-366-
5263).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Immediate Effective Date and Request for Comments
III. Regulatory Analyses and Notices
I. Background
Under 49 CFR parts 591 and 592, importers of motor vehicles and
motor vehicle equipment are required, among other things, to provide
certain information to NHTSA at the time of importation, which is
collected by CBP. In the past, CBP collected all information on paper
but has moved to a system that allows for either paper format filing or
a ``hybrid'' combination of paper and electronic filing. Beginning in
the fall of 2015, and with pilot programs beginning in the summer of
2015, CBP is introducing a new data collection system that will allow
importers to make an electronic reporting of commodities being
presented for importation at U.S. ports. After implementation of this
new system, CBP may require importation declaration documents to be
filed in either all paper or all electronic format. CBP is currently
advising that importers will no longer have the option of using the
``hybrid'' filing system.
Currently, there are several provisions within 49 CFR part 591,
Importation of Vehicles and Equipment Subject to Federal Safety, Bumper
and Theft Prevention Standards, and a provision in 49 CFR part 592,
Registered Importers of Vehicles Not Originally Manufactured to Conform
to the Federal Motor Vehicle Safety Standards, that either explicitly
or impliedly require a paper filing for specific pieces of data. Thus,
maintaining these provisions may mean that, once the new CBP data
collection system is implemented, importers would be required to file
on paper, imposing an unintended burden on those currently making
hybrid filings. To avoid this result, this interim Final Rule amends
the wording of the provisions in 49 CFR parts 591 and 592 that
explicitly or impliedly require paper filings clarifying that filings
can be made in any format accepted by CBP. This rulemaking does not
impose additional obligations or burdens on any party and,
specifically, does not require filing of any new or additional
information. Rather, it provides
[[Page 53012]]
importers with the option of filing importation information already
required under 49 CFR parts 591 and 592 in either paper or electronic
format, according to their preference.
In its rulemaking establishing a continuous entry DOT conformance
bond, NHTSA required an importer to present to CBP at the time of
importation a copy of Customs Form (CF) 7501. The requirement to
furnish a copy of the CF 7501 was initially established at 49 CFR
591.6(c) and 49 CFR 592.6. The agency stated that the CF 7501 contained
certain information such as the entered value of the vehicle that was
necessary if NHTSA decided to enforce forfeiture of the DOT conformance
bond. NHTSA has determined that it no longer needs information from the
CF 7501 to pursue DOT conformance bond forfeiture and this requirement
is being deleted from the regulation. Additionally, elimination of this
previously required documentation will reduce the burden on importers.
This document is being issued as an interim Final Rule to provide
timely assistance to importers by allowing alternative methods of
filing importation documents with CBP. The amendments in this interim
Final Rule do not create any new rights or obligations, nor impose any
new reporting requirements. The agency herein requests comments on the
rule. The agency will publish a notice responding to any comments
received and, if appropriate, will amend provisions of the regulation.
This rule also amends the delegations of authority to reflect the
current CFR citations.
II. Immediate Effective Date and Request for Comments
The Administrative Procedure Act requires notice of a proposed
rulemaking and opportunity for public comment unless an exception
applies. 5 U.S.C. 553(b). One of these exceptions is when the agency
finds good cause not to provide notice and public comment because
public comment is impracticable, unnecessary, or contrary to the public
interest, and the agency incorporates that finding, and briefly states
the reasons for that finding, in the rule. 5 U.S.C. 553(b)(3)(B). NHTSA
has determined that there is good cause for not taking public comment
prior to issuing this interim Final Rule since NHTSA does not
anticipate any negative comments or opposition to allowing importers to
file importation documentation in any format provided by CBP, making
public comment unnecessary. Further, NHTSA has determined that there is
good cause for not taking public comment prior to issuing this interim
Final Rule because it is contrary to the public interest to take public
comment where CBP is piloting the electronic filing system in the
coming weeks, with implementation throughout fall 2015, and importers
could be prevented from participating in both the pilot programs and
the fully operational electronic filing system until these regulatory
changes are made.
Further, the amendments in this interim Final Rule do not create
any new rights or obligations not already present in 49 CFR parts 591
and 592. Because this interim Final Rule does not create any rights or
obligations, the impacts of this rule are insignificant, making notice
and public comment unnecessary.
As an interim Final Rule, this regulation is fully in effect and
binding upon its effective date. No further regulatory action by the
agency is necessary to make this rule effective. However, in order to
benefit from any comments that interested parties and the public may
have, the agency is soliciting comments on this notice. Should any
pertinent comments be submitted, following the close of the comment
period, the agency will publish a notice responding to those comments
and, if appropriate, will amend the provisions of this rule.
III. Regulatory Analyses and Notices
A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
NHTSA has considered the impact of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the DOT's regulatory
policies and procedures. This interim Final Rule was not reviewed by
the Office of Management and Budget (OMB) under E.O. 12866,
``Regulatory Planning and Review.'' It is not considered to be
significant under E.O. 12866 or the Department's regulatory policies
and procedures.
This regulation amends 49 CFR parts 591 and 592 to allow importers
of motor vehicles and motor vehicle equipment to file customs
declarations electronically, as available and offered by CBP, in
addition to the paper format filing option otherwise available. This
final rule does not require importers to use electronic filing, nor
file any different or additional information when utilizing electronic
filing and, instead, is designed to reduce the burden on importers by
enabling them to utilize their preferred customs declaration format.
Importers are not required to take any action(s) that they are not
otherwise already required to take. Because there are not any costs or
savings associated with this rulemaking, which provides various filing
options for importers, we have not prepared a separate economic
analysis for this rulemaking.
B. Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., NHTSA has evaluated the effects of this action on small entities.
I hereby certify that this rule would not have a significant impact on
a substantial number of small entities. The interim Final Rule affects
importers of motor vehicles and motor vehicle equipment, some of which
qualify as small businesses. However, this rule does not significantly
affect these entities because it does not require any additional
actions on their part not already required by 49 CFR parts 591 and 592,
but instead provides an electronic filing option, in addition to the
paper filing option, for customs declarations according to the
importer's preference.
C. Executive Order 13132 (Federalism)
NHTSA has examined today's rule pursuant to Executive Order 13132
(64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking would not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The interim Final Rule would
not have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This interim Final Rule also will not preempt any state
law.
D. National Environmental Policy Act
NHTSA has analyzed this interim Final Rule for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.
E. Paperwork Reduction Act
Under the procedures established by the Paperwork Reduction Act of
1995, a person is not required to respond to a collection of
information by a Federal
[[Page 53013]]
agency unless the collection displays a valid OMB clearance number. The
information collection requirements for 49 CFR part 591, Importation of
Vehicles and Equipment Subject to Federal Safety, Bumper and Theft
Prevention Standards, and 49 CFR part 592, Registered Importers of
Vehicles Not Originally Manufactured to Conform to the Federal Motor
Vehicle Safety Standards, are covered by OMB control number 2127-0002.
The amendments in today's interim Final Rule have no impact on the
burden associated with this information collection.
F. National Technology Transfer and Advancement Act
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' The amendments in today's interim Final Rule allow
importers of motor vehicles and motor vehicle equipment to file
declarations with CBP electronically, using the electronic systems
established by CBP, and do not involve any voluntary consensus
standards as it relates to NHTSA or this rulemaking.
G. Civil Justice Reform
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729, February 7, 1996) requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. This document is consistent with that requirement.
Pursuant to this Order, NHTSA has considered these issues and
determined that this interim Final Rule would not have any retroactive
or preemptive effect. NHTSA notes further that there is no requirement
that individuals submit a petition for reconsideration or pursue other
administrative proceeding before they may file suit in court.
H. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This interim Final
Rule would not result in expenditures by State, local or tribal
governments, in the aggregate, or by the private sector in excess of
$100 million annually.
I. Executive Order 13211
Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any
rulemaking that: (1) Is determined to be economically significant as
defined under E.O. 12866, and is likely to have a significantly adverse
effect on the supply of, distribution of, or use of energy; or (2) that
is designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. This rulemaking is
not subject to E.O. 13211.
J. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
List of Subjects in 49 CFR Parts 591 and 592
Administrative practice and procedure, Crime, Imports, Motor
vehicle safety, Reporting and recordkeeping requirements, Surety bonds.
For the reasons discussed in the preamble, NHTSA amends 49 CFR
parts 591 and 592 as follows:
PART 591--IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL
SAFETY, BUMPER, AND THEFT PREVENTION STANDARDS
0
1. The authority citation for Part 591 is revised to read as follows:
Authority: Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.95.
0
2. Amend Sec. 591.5 by revising the introductory text to read as
follows:
Sec. 591.5 Declarations required for importation.
No person shall import a motor vehicle or item of motor vehicle
equipment into the United States unless, at the time it is offered for
importation, its importer files a declaration and documentation, in a
paper or electronic format accepted by U.S. Customs and Border
Protection, which declares one of the following:
* * * * *
0
3. Amend Sec. 591.6 by revising the introductory text and paragraphs
(a), (b), (c), (d), (e), (f) and (g) to read as follows:
Sec. 591.6 Documents accompanying declarations.
Declarations of eligibility for importation made pursuant to Sec.
591.5 must be accompanied by the following certification and documents,
filed either on paper or electronically, as applicable:
(a) A declaration made pursuant to Sec. 591.5(a) shall be
accompanied by a written or electronic statement substantiating that
the vehicle was not manufactured for use on the public roads or that
the equipment item was not manufactured for use on a motor vehicle or
is not an item of motor vehicle equipment.
(b) A declaration made pursuant to Sec. 591.5(e) shall be
accompanied by:
(1) (For a motor vehicle) a written or electronic document meeting
the requirements of Sec. 568.4 of Part 568 of this chapter.
(2) (For an item of motor vehicle equipment) a written or
electronic statement issued by the manufacturer of the equipment item
which states the applicable Federal motor vehicle safety standard(s)
with which the equipment item is not in compliance, and which describes
the further manufacturing required for the equipment item to perform
its intended function.
(c) A declaration made pursuant to paragraph (f) of Sec. 591.5,
and under a bond for the entry of a single vehicle, shall be
accompanied by a written or electronic image of a bond in the form
shown in appendix A to this part, in an amount equal to 150% of the
dutiable value of the vehicle, or, if under bond for the entry of more
than one vehicle, shall be accompanied by a written or electronic image
of a bond in the form shown in appendix B to this part, for the
conformance of the vehicle(s) with all applicable Federal motor vehicle
safety and bumper standards, or, if conformance is not achieved, for
the delivery of such vehicles to the Secretary of Homeland Security for
export at no cost to the United Sates, or for its abandonment.
[[Page 53014]]
(d) A declaration made pursuant to Sec. 591.5(f) by an importer
who is not a Registered Importer shall be accompanied by a paper or
electronic copy of the contract or other agreement that the importer
has with a Registered Importer to bring the vehicle into conformance
with all applicable Federal motor vehicle safety standards.
(e) A declaration made pursuant to Sec. 591.5(h) shall be
accompanied by a paper or electronic version of the importer's official
orders or, if a qualifying member of the personnel of a foreign
government on assignment in the United States, the name of the embassy
to which the importer is accredited.
(f) A declaration made pursuant to Sec. 591.5(j) shall be
accompanied by the following documentation:
(1) A declaration made pursuant to Sec. 591.5(j)(1)(i), (ii),
(iv), or (v) and (j)(2)(i) shall be accompanied by a paper copy of the
Administrator's permission letter, or for electronic reporting by
entering the unique identifying number of the Administrator's
permission letter into a U.S. Customs and Border Protection electronic
data collection system, authorizing importation pursuant to Sec.
591.5(j)(1)(i), (ii), (iv), or (v) and (j)(2)(i). Any person seeking to
import a motor vehicle or motor vehicle equipment pursuant to these
sections shall submit, in advance of such importation, a written
request to the Administrator containing a full and complete statement
identifying the vehicle or equipment, its make, model, model year or
date of manufacture, VIN if a motor vehicle, and the specific
purpose(s) of importation. The discussion of purpose(s) shall include a
description of the use to be made of the vehicle or equipment. If use
on the public roads is an integral part of the purpose for which the
vehicle or equipment is imported, the statement shall request
permission for use on the public roads, describing the purpose which
makes such use necessary, and stating the estimated period of time
during which use of the vehicle or equipment on the public roads is
necessary. The request shall also state the intended means of final
disposition, and disposition date, of the vehicle or equipment after
completion of the purposes for which it is imported. The request shall
be addressed to: Director, Office of Vehicle Safety Compliance, Fourth
Floor, Room W43-481, Mail Code NVS-220, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
(2) A declaration made pursuant to Sec. 591.5(j)(1)(iii) and
(j)(2)(i) shall be accompanied by a paper copy of the Administrator's
permission letter, or for electronic reporting by entering the unique
identifying number of the Administrator's permission letter into a U.S.
Customs and Border Protection electronic data collection system,
authorizing importation pursuant to Sec. 591.5(j)(1)(iii) and
(j)(2)(i). Any person seeking to import a motor vehicle or motor
vehicle equipment pursuant to those sections shall submit, in advance
of such importation, a written request to the Administrator containing
a full and complete statement identifying the equipment item or the
vehicle and its make, model, model year or date of manufacture, VIN,
and mileage at the time the request is made. The importer's written
request to the Administrator shall explain why the vehicle or equipment
item is of historical or technological interest. The importer shall
also state that until the vehicle is not less than 25 years old, (s)he
shall not sell, or transfer possession of, or title to, the vehicle,
and shall not license it for use, or operate it on the public roads,
except under such terms and conditions as the Administrator may
authorize. If the importer wishes to operate the vehicle on the public
roads, the request to the Administrator shall include a description of
the purposes for which (s)he wishes to use it on the public roads, a
copy of an insurance policy or a contract to acquire an insurance
policy, which contains as a condition thereof that the vehicle will not
accumulate mileage of more than 2,500 miles in any 12-month period and
a statement that the importer shall maintain such policy in effect
until the vehicle is not less than 25 years old, a statement that the
importer will allow the Administrator to inspect the vehicle at any
time after its importation to verify that the accumulated mileage of
the vehicle is not more than 2,500 miles in any 12-month period, and a
statement that the vehicle will not be used on the public roads unless
it is in compliance with the regulations of the Environmental
Protection Agency.
(3) A declaration made pursuant to Sec. 591.5(j)(2)(ii) shall be
accompanied by the importer's written statement, or by entering in
electronic format information contained in the statement, into the U.S.
Customs and Border Protection electronic data collection system,
describing the use to be made of the vehicle or equipment item. If use
on the public roads is an integral part of the purpose for which the
vehicle or equipment item is imported, the statement shall describe the
purpose which makes such use necessary, state the estimated period of
time during which use of the vehicle or equipment item on the public
roads is necessary, and state the intended means of final disposition
(and disposition date) of the vehicle or equipment item after
completion of the purpose for which it is imported.
(g) A declaration made pursuant to Sec. 591.5(l) shall be
accompanied by the following documentation:
(1) A paper copy of the Administrator's permission letter, or for
electronic reporting by entering the unique identifying number of the
Administrator's permission letter into a U.S. Customs and Border
Protection electronic data collection system, authorizing importation
pursuant to Sec. 591.5(l). A Registered Importer seeking to import a
motor vehicle pursuant to this section must submit, in advance of such
importation, a written request to the Administrator containing a full
and complete statement identifying the vehicle, its original
manufacturer, model, model year (if assigned), date of manufacture, and
VIN. The statement must also declare that the specific purpose of
importing this vehicle is to prepare a petition to the Administrator
requesting a determination whether the vehicle is eligible for
importation pursuant to Part 593 and that the importer has filed, or
intends to file within 180 days of the vehicle's entry date, a petition
pursuant to Sec. 593.5. The request must be addressed to: Director,
Office of Vehicle Safety Compliance, Fourth Floor, Room W43-481, Mail
Code NVS-220, 1200 New Jersey Avenue SE., Washington, DC 20590.
(2) [Reserved]
PART 592--REGISTERED IMPORTERS OF VEHICLES NOT ORIGINALLY
MANUFACTURED TO CONFORM TO THE FEDERAL MOTOR VEHICLE SAFETY
STANDARDS
0
4. The authority citation for Part 592 is revised to read as follows:
Authority: Pub. L. 100-562, 49 U.S.C. 322(a), 30117, 30141-
30147; delegation of authority at 49 CFR 1.95.
0
5. Amend Sec. 592.6 by revising paragraph (a) to read as follows:
Sec. 592. Duties of a registered importer.
* * * * *
(a) With respect to each motor vehicle that it imports into the
United States, assure that the Administrator has decided that the
vehicle is eligible for importation pursuant to Part 593 of this
chapter prior to such importation. The Registered Importer must also
bring such vehicle into conformity with all applicable Federal motor
vehicle safety standards prescribed under Part 571 of this chapter and
the bumper standard
[[Page 53015]]
prescribed under Part 581 of this chapter, if applicable, and furnish
certification to the Administrator pursuant to paragraph (e) of this
section, within 120 calendar days after such entry. For each motor
vehicle, the Registered Importer must furnish to the Secretary of
Homeland Security at the time of importation a bond in an amount equal
to 150 percent of the dutiable value of the vehicle, as determined by
the Secretary of Homeland Security, to ensure that such vehicle either
will be brought into conformity with all applicable Federal motor
vehicle safety and bumper standards or will be exported (at no cost to
the United States) by the importer or the Secretary of Homeland
Security or abandoned to the United States. However, if the Registered
Importer has procured a continuous entry bond, it must furnish the
Administrator with such bond, and must furnish the Secretary of
Homeland Security (acting on behalf of the Administrator) with a paper
or electronic copy, in a format accepted by U.S. Customs and Border
Protection, of such bond at the time of importation of each motor
vehicle.
* * * * *
Issued in Washington, DC, on August 25, 2015 under authority
delegated in 49 CFR Part 1.95.
Mark R. Rosekind,
Administrator.
[FR Doc. 2015-21505 Filed 9-1-15; 8:45 am]
BILLING CODE 4910-59-P