Supporting Statment

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Vessel Entrance or Clearance Form

OMB: 1651-0019

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Supporting Statement

Vessel Entrance or Clearance Statement Form

1651-0019


A. Justification:


  1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statue and regulation mandating or authorizing the collection of information.


CBP Form-1300, Vessel Entrance or Clearance Statement, was developed through agreement by the United Nations Intergovernmental Maritime Consultative Organization (IMCO) in conjunction with the United States and various other countries. The form was developed as a single form to replace the numerous other forms used by various countries for the entrance and clearance of vessels, pursuant to the provisions of 19 U.S.C. 1431, 1433, and 1434; and 19 CFR 4.7-4.9.


2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

This form is used by Customs and Border Protection (CBP) as a single form by which the master of a vessel can attest to the truthfulness of all the other forms associated with the manifest. This form is also used to record and show the certificate numbers and expiration for various certificates. It also serves to record information on tonnage tax payments in order to prevent overpayments of that tax. As CBP Form-1300 is part of the vessel manifest, failure to present this form by the master of any vessel could result in a penalty under CBP law for the master.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.


Automation of this form is planned for CBP’s Automated Commercial Environment (ACE) no later than 2013.






4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.


This information is not collected in any form, and therefore is not duplicated elsewhere.

5. If the collection of information impacts small businesses or other small entities (Item 5 of the OMB Form 83-I), describe any methods used to minimize burden.


This information collection does not have an impact on small businesses or other small entities.


6. Describe consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.


If this information collection was conducted less frequently CBP could not fulfill its regulatory requirements to verify vessel manifest documents and the master of the vessel could receive a fine.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:


This information is collected in a manner consistent with the guidelines of 5 CFR 1320.6.


8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Public comments were solicited through two Federal Register notices published on June 27, 2008 (Volume 73, Page 36543) and on September 9, 2008 (Volume 73, Page 52409). As of this submission, two comments were received.


This summary addresses comments made concerning the extension of the expiration date of the current Vessel Entrance or Clearance Statement Form, OMB Number 1651-0019, Form Number CBP Form 1300 (here on referred to as, the Form).






The commenters describe the facts as follows. Some information and reporting requirements on the current U.S. Customs and Border Protection (CBP) Form 1300 may be redundant, outmoded and serve no useful purpose. Of the thirty-nine boxes required to be completed on the Form, one commenter stated nine boxes provided no useful purpose. The second commenter stated all but “For CBP Use Only” (blocks numbered 32-39) areas are currently available in electronic submission through U.S. Other Government Agencies (USOGA), including U.S. Coast Guard (USCG), Bureau of the Census and Army Corps of Engineers, computer systems and describes the collecting and presenting the information on the Form as a non-productive use of resources.


The CBP Form 1300 falls under the procedures and regulations set out in 19 U.S.C. 1431 – 1434 and 19 C.F.R. 4.


CBP disagrees with the commenter’s assertion that the data elements are outmoded and serve no useful purpose. Form 1300 provides the framework in which a master of a vessel must comply with upon entering or clearing a vessel in the United States. The data elements on Form 1300 provide CBP with essential information to identify the arrival of a vessel, and determine applicable fees such as tonnage taxes and navigation fees. Not only does this form provide CBP with essential data elements, but it satisfies the requirements of the other Government agencies listed above. The data collected from the completed Form is used regularly by CBP and USOGAs to collect, track, and analyze data to ensure compliance with all applicable laws and regulations of the United States.


It is important to remember that as CBP moves forward with its computer modernization efforts, including development, testing and eventual deployment of the Automated Commercial Environment (ACE), CBP will be compelled to revise and redesign many CBP Forms as new avenues of electronic information sharing with Other Government Agencies increases. The result will be a more efficient exchange of electronic information and statistical data being collected and the possible reduction in the amount of data that CBP currently is required to provide USOGAs. Until these changes are rolled out, CBP will continue to be a collector and repository of vital statistics and data for its own use and by USOGAs.


In the future, without going into to detail, the CBP Form 1300 is being redesigned. Prior to its release, the Form will receive intense scrutiny and vetting by CBP personnel in the field offices and USOGAs. The comments you submitted will be of assistance in this process.


A representative from CBP’s Office of Field Operations will call both commenters to discuss their comments and CBP’s responses to them.




9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.


There is no offer of a monetary or material value for this information collection.


10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

There are no assurances of confidentiality provided to the respondents for this information collection.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.


12. Provide estimates of the hour burden of the collection of information.


FORM

TOTAL BURDEN

HOURS


NO. OF

RESPONDENTS

NO. OF RESPONSES PER RESPONDENT


TOTAL ANNUAL

RESPONSES


TIME PER

RESPONSE

1300


132,000

12,000

22

264,000

30 minutes or

(.5) hours


There is no record keeping burden associated with this collection.

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.


The estimated cost to the respondents is $2,376,000, based on 132,000 burden hours at an average rate of $18.00.


There are no capitalization or start-up costs associated with this collection.

14. Provide estimates of annualized cost to the Federal Government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.


The estimated cost associated with collecting the information is $1,228,920. This is based on an estimated time per response (8 minutes or .133 hours) x total responses (264,000) = 35,112 expended at an hourly rate of $35.00.

15. Explain the reasons for any program changes or adjustments reported in Items 12 or 13 of this Statement.


The burden hours were increased due to public comments CBP received that stated that 5 minutes to complete this form is unrealistic. CBP agreed and raised the time to complete the form to 30 minutes which resulted in a significant increase to the burden hours.

16. For collection of information whose results will be published, outline plans for tabulation, and publication.


This information collection will not be published for statistical purposes.


17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.


CBP will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19,

Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.


CBP does not request an exception to the certification of this information collection.


  1. Collection of Information Employing Statistical Methods


No statistical methods were employed.




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