60 day FRN

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information technology, e.g., permitting
electronic submission of responses. The
comments that are submitted will be
summarized and included in the request
for approval. All comments will become
a matter of public record.
Overview of This Information
Collection
Title: Documentation Requirements
for Articles Entered Under Various
Special Tariff Treatment Provisions.
OMB Number: 1651–0067.
Current Actions: CBP proposes to
extend the expiration date of this
information collection with no changes
to the burden hours or to the
information being collected.
Type of Review: Extension (without
change).
Abstract: CBP is responsible for
determining whether imported articles
that are classified under Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings 9801.00.10,
9802.00.20, 9802.00.40, 9802.00.50,
9802.00.60 and 9817.00.40 are entitled
to duty-free or reduced duty treatment.
In order to file under these HTSUS
provisions, importers, or their agents,
must have the declarations that are
provided for in 19 CFR 10.1(a), 10.8(a),
10.9(a) and 10.121 in their possession at
the time of entry and submit them to
CBP upon request. These declarations
enable CBP to ascertain whether the
requirements of these HTSUS
provisions have been satisfied.
Affected Public: Businesses.
Estimated Number of Respondents:
19,445.
Estimated Number of Responses per
Respondent: 3.
Estimated Number of Total Annual
Responses: 58,335.
Estimated Time per Response: 1
minute.
Estimated Total Annual Burden
Hours: 933.
Dated: July 28, 2017.
Seth Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[1651–0001]

Agency Information Collection
Activities: Cargo Manifest/Declaration,
Stow Plan, Container Status Messages
and Importer Security Filing
U.S. Customs and Border
Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for
comments; revision of an existing
collection of information.
AGENCY:

The Department of Homeland
Security, U.S. Customs and Border
Protection will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The information
collection is published in the Federal
Register to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted (no
later than October 2, 2017) to be assured
of consideration.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice must include
the OMB Control Number 1651–0001 in
the subject line and the agency name.
To avoid duplicate submissions, please
use only one of the following methods
to submit comments:
(1) Email. Submit comments to: CBP_
[email protected].
(2) Mail. Submit written comments to
CBP Paperwork Reduction Act Officer,
U.S. Customs and Border Protection,
Office of Trade, Regulations and
Rulings, Economic Impact Analysis
Branch, 90 K Street NE., 10th Floor,
Washington, DC 20229–1177.
FOR FURTHER INFORMATION CONTACT:
Requests for additional PRA information
should be directed to CBP Paperwork
Reduction Act Officer, U.S. Customs
and Border Protection, Office of Trade,
Regulations and Rulings, Economic
Impact Analysis Branch, 90 K Street
NE., 10th Floor, Washington, DC 20229–
1177, or via email CBP_PRA@
cbp.dhs.gov. Please note that the contact
information provided here is solely for
questions regarding this notice.
Individuals seeking information about
other CBP programs should contact the
CBP National Customer Service Center
at 877–227–5511, (TTY) 1–800–877–
8339, or CBP Web site at https://
www.cbp.gov/.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
SUMMARY:

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Federal agencies to comment on the
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Written comments and
suggestions from the public and affected
agencies should address one or more of
the following four points: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
suggestions to enhance the quality,
utility, and clarity of the information to
be collected; and (4) suggestions to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses. The
comments that are submitted will be
summarized and included in the request
for approval. All comments will become
a matter of public record.
Overview of This Information
Collection
Title: Cargo Manifest/Declaration,
Stow Plan, Container Status Messages
and Importer Security Filing.
OMB Number: 1651–0001.
Form Numbers: CBP Forms 1302,
1302A, 7509, 7533.
Abstract: This OMB approval
includes the following existing
information collections: CBP Form 1302
(or electronic equivalent); CBP Form
1302A (or electronic equivalent); CBP
Form 7509 (or electronic equivalent);
CBP Form 7533 (or electronic
equivalent); Manifest Confidentiality;
Vessel Stow Plan (Import); Container
Status Messages; and Importer Security
Filing, Electronic Ocean Export
Manifest; Electronic Air Export
Manifest; Electronic Rail Export
Manifest; and Vessel Stow Plan
(Export). CBP is proposing to add a new
information collection for the Air Cargo
Advance Screening (ACAS) Pilot
Program.
CBP Form 1302: The master or
commander of a vessel arriving in the
United States from abroad with cargo on
board must file CBP Form 1302, Inward
Cargo Declaration, or submit the
information on this form using a CBPapproved electronic equivalent. CBP
Form 1302 is part of the manifest
requirements for vessels entering the
United States and was agreed upon by

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Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices

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treaty at the United Nations Intergovernment Maritime Consultative
Organization (IMCO). This form and/or
electronic equivalent, is provided for by
19 CFR 4.5, 4.7, 4.7a, 4.8, 4.33, 4.34,
4.38, 4.84, 4.85, 4.86, 4.91, 4.93 and 4.99
and is accessible at: http://
www.cbp.gov/sites/default/files/
documents/CBP%20Form%20
1302_0.pdf.
CBP Form 1302A: The master or
commander of a vessel departing from
the United States must file CBP Form
1302A, Cargo Declaration Outward With
Commercial Forms, or CBP-approved
electronic equivalent, with copies of
bills of lading or equivalent commercial
documents relating to all cargo
encompassed by the manifest. This form
and/or electronic equivalent, is
provided for by 19 CFR 4.62, 4.63, 4.75,
4.82, and 4.87–4.89 and is accessible at:
http://www.cbp.gov/sites/default/files/
documents/CBP%20Form%20
1302_0.pdf.
Electronic Ocean Export Manifest:
CBP began a pilot in 2015 to
electronically collect ocean export
manifest information. This information
is transmitted to CBP in advance via the
Automated Export System (AES) within
the Automated Commercial
Environment (ACE).
CBP Form 7509: The aircraft
commander or agent must file Form
7509, Air Cargo Manifest, with CBP at
the departure airport, or respondents
may submit the information on this
form using a CBP-approved electronic
equivalent. CBP Form 7509 contains
information about the cargo onboard the
aircraft. This form, and/or electronic
equivalent, is provided for by 19 CFR
122.35, 122.48, 122.48a, 122.52, 122.54,
122.73, 122.113, and 122.118, and is
accessible at: http://www.cbp.gov/sites/
default/files/documents/
CBP%20Form%207509_0.pdf.
Air Cargo Advanced Screening: CBP
began a pilot in 2012 announced via a
notice published in Federal Register on
October 24, 2012 (77 FR 65006). The
ACAS pilot is a voluntary test in which
participants agree to submit a subset of
the required 19 CFR 122.48a data
elements at the earliest point practicable
prior to loading of the cargo onto the
aircraft destined to or transiting through

the United States. The ACAS pilot data
is transmitted to CBP via a CBPapproved electronic data interchange
system. Currently, the ACAS data
consists of:
(1) Air waybill number
(2) Total quantity based on the smallest
external packing unit
(3) Total weight
(4) Cargo description
(5) Shipper name and address
(6) Consignee name and address
Electronic Air Export Manifest: CBP
began a pilot in 2015 to electronically
collect air export manifest information.
This information is transmitted to CBP
in advance via ACE’s AES.
CBP Form 7533: The master or person
in charge of a conveyance files CBP
Form 7533, Inward Cargo Manifest for
Vessel Under Five Tons, Ferry, Train,
Car, Vehicle, etc, which is required for
a vehicle or a vessel of less than 5 net
tons arriving in the United States from
Canada or Mexico, otherwise than by
sea, with baggage or merchandise.
Respondents may also submit the
information on this form using a CBPapproved electronic equivalent. CBP
Form 7533, and/or electronic
equivalent, is provided for by 19 CFR
123.4, 123.7, 123.61, 123.91, and 123.92,
and is accessible at: http://
www.cbp.gov/sites/default/files/
documents/CBP%20Form%20
7533_0.pdf.
Electronic Rail Export Manifest: CBP
began a pilot in 2015 to electronically
collect the rail export manifest
information. This information is
transmitted to CBP in advance via ACE’s
AES.
Manifest Confidentiality: An importer
or consignee (inward) or a shipper
(outward) may request confidential
treatment of its name and address
contained in manifests by following the
procedure set forth in 19 CFR 103.31.
Vessel Stow Plan (Import): For all
vessels transporting goods to the United
States, except for any vessel exclusively
carrying bulk cargo, the incoming
carrier is required to electronically
submit a vessel stow plan no later than
48 hours after the vessel departs from
the last foreign port that includes
information about the vessel and cargo.
For voyages less than 48 hours in
Total
burden hours

Collection
Air Cargo Manifest (CBP Form 7509) ..............................
Air Cargo Advance Screening Pilot (ACAS) .....................
Inward Cargo Manifest for Truck, Rail, Vehicles, Vessels, etc. (CBP Form 7533).
Inward Cargo Declaration (CBP Form 1302) ...................

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Number of
respondents

35983

duration, CBP must receive the vessel
stow plan prior to arrival at the first port
in the U.S. The vessel stow plan is
provided for by 19 CFR 4.7c.
Vessel Stow Plan (Export): CBP began
a pilot in 2015 to electronically collect
a vessel stow plan for vessels
transporting goods from the United
States, except for any vessels
exclusively carrying bulk cargo. The
exporting carrier is required to
electronically submit a vessel stow plan
in advance.
Container Status Messages (CSMs):
For all containers destined to arrive
within the limits of a U.S. port from a
foreign port by vessel, the incoming
carrier must submit messages regarding
the status of events if the carrier creates
or collects a container status message
(CSM) in its equipment tracking system
reporting an event. CSMs must be
transmitted to CBP via a CBP-approved
electronic data interchange system.
These messages transmit information
regarding events such as the status of a
container (full or empty); booking a
container destined to arrive in the
United States; loading or unloading a
container from a vessel; and a container
arriving or departing the United States.
CSMs are provided for by 19 CFR 4.7d.
Importer Security Filing (ISF): For
most cargo arriving in the United States
by vessel, the importer, or its authorized
agent, must submit the data elements
listed in 19 CFR 149.3 via a CBPapproved electronic interchange system
within prescribed time frames.
Transmission of these data elements
provide CBP with advance information
about the shipment.
Current Actions: CBP is proposing
that this information collection be
extended with no change to the burden
hours resulting from the proposed
revision to the information collection
associated with the Air Cargo Advance
Screening pilot, as there is no change to
the data being collected, only to the
timing of the collection. There are no
changes to the existing information
collections under this OMB approval.
The burden hours are listed in the chart
below.
Type of Review: Revision and
Extension
Affected Public: Businesses.

Number of
responses per
espondent

Total
responses

Time per
response

366,600

215

6820.46

1,466,400

15 minutes.

962,940

33,000

291.8

9,629,400

6 minutes.

1,500,000

10,000

300

3,000,000

30 minutes.

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Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices
Total
burden hours

Collection

Number of
responses per
espondent

Total
responses

Cargo Declaration Outward With Commercial Forms
(CBP Form 1302A).
Importer Security Filing .....................................................
Vessel Stow Plan (Import) ................................................
Vessel Stow Plan (Export) ................................................
Container Status Messages ..............................................
Request for Manifest Confidentiality .................................
Electronic Air Export Manifest ..........................................
Electronic Ocean Export Manifest ....................................
Electronic Rail Export Manifest .........................................

10,000

500

400

200,000

17,739,000
31,803
31,803
23,996
1,260
121,711
5,000
2,490

240,000
163
163
60
5,040
260
500
50

33.75
109
109
4,285,000
1
5,640
400
300

8,100,000
17,767
17,767
257,100,000
5,040
1,466,400
200,000
15,000

Total ...........................................................................

20,796,603

289,996

........................

281,217,774

Dated: July 28, 2017.
Seth Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2017–16231 Filed 8–1–17; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Determination Pursuant to Section 102
of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996,
as Amended
Office of the Secretary,
Department of Homeland Security.
ACTION: Notice of determination.
AGENCY:

The Secretary of Homeland
Security has determined, pursuant to
law, that it is necessary to waive certain
laws, regulations and other legal
requirements in order to ensure the
expeditious construction of barriers and
roads in the vicinity of the international
land border of the United States near the
city of San Diego in the state of
California.

SUMMARY:

This determination takes effect
on August 2, 2017.
SUPPLEMENTARY INFORMATION: The
principal mission requirements of the
Department of Homeland Security
(‘‘DHS’’) include border security and the
detection and prevention of illegal entry
into the United States. Border security
is critical to the nation’s national
security. Recognizing the critical
importance of border security, Congress
has ordered DHS to achieve and
maintain operational control of the
international land border. Secure Fence
Act of 2006, Public Law 109–367, 2, 120
Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701
note). Congress defined ‘‘operational
control’’ as the prevention of all
unlawful entries into the United States,
including entries by terrorists, other
DATES:

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unlawful aliens, instruments of
terrorism, narcotics, and other
contraband. Secure Fence Act of 2006,
Public Law 109–367, 2, 120 Stat. 2638
(Oct. 26, 2006) (8 U.S.C. 1701 note).
Consistent with that mandate from
Congress, the President’s Executive
Order on Border Security and
Immigration Enforcement Improvements
directed executive departments and
agencies to deploy all lawful means to
secure the southern border. Executive
Order 13767, § 1. To achieve this end,
the President directed, among other
things, that I take immediate steps to
prevent all unlawful entries into the
United States, to include the immediate
construction of physical infrastructure
to prevent illegal entry. Executive Order
13767, § 4(a).
Congress has provided the Secretary
of Homeland Security with a number of
authorities necessary to carry out DHS’s
border security mission, including the
border security provisions described
above. One of these authorities is found
at section 102 of the Illegal Immigration
Reform and Immigrant Responsibility
Act of 1996 (‘‘IIRIRA’’). Public Law 104–
208, Div. C, 110 Stat. 3009–546, 3009–
554 (Sept. 30, 1996) (8 U.S.C 1103 note),
as amended by the REAL ID Act of 2005,
Public Law 109–13, Div. B, 119 Stat.
231, 302, 306 (May 11, 2005) (8 U.S.C.
1103 note), as amended by the Secure
Fence Act of 2006, Public Law 109–367,
§ 3, 120 Stat. 2638 (Oct. 26, 2006) (8
U.S.C. 1103 note), as amended by the
Department of Homeland Security
Appropriations Act, 2008, Public Law
110–161, Div. E, Title V, § 564, 121 Stat.
2090 (Dec. 26, 2007). In section 102(a)
of IIRIRA, Congress provided that the
Secretary of Homeland Security shall
take such actions as may be necessary
to install additional physical barriers
and roads (including the removal of
obstacles to detection of illegal entrants)
in the vicinity of the United States
border to deter illegal crossings in areas
of high illegal entry into the United
States. In section 102(b) of IIRIRA,

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Time per
response
3 minutes.
2.19 hours.
1.79 hours.
1.79 hours.
0.0056 minutes.
15 minutes.
5 minutes.
1.5 minutes.
10 minutes.

Congress has called for the installation
of additional fencing, barriers, roads,
lighting, cameras, and sensors on the
southwest border. Finally, in section
102(c) of IIRIRA, Congress granted to the
Secretary of Homeland Security the
authority to waive all legal requirements
that I, in my sole discretion, determine
necessary to ensure the expeditious
construction of barriers and roads
authorized by section 102 of IIRIRA.
Determination and Waiver
Section 1
The United States Border Patrol’s San
Diego Sector is one of the busiest
Sectors in the Nation. For example, in
fiscal year 2016 alone, the United States
Border Patrol apprehended over 31,000
illegal aliens and seized approximately
9,167 pounds of marijuana and
approximately 1,317 pounds of cocaine
in the San Diego Sector. To be sure, the
construction of border infrastructure
and other operational improvements
have improved border security in the
San Diego Sector; however, more work
needs to be done. The San Diego Sector
remains an area of high illegal entry for
which there is an immediate need to
construct additional border barriers and
roads.
To begin to meet the need for
additional border infrastructure within
the San Diego Sector, DHS will
immediately implement various border
infrastructure projects. These projects
will focus on an approximately fifteen
mile segment of the border within the
San Diego Sector that starts at the
Pacific Ocean and extends eastward.
This approximately fifteen mile segment
of the border is referred to herein as the
‘‘Project Area’’ and is more specifically
described in Section 2 below.
All of the projects that DHS will
undertake within the Project Area will
further Border Patrol’s ability to deter
and prevent illegal crossings. For
example, DHS will replace existing
primary fencing in the Project Area. The

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