Department of Homeland Security, Bureau of Customs and Border Protection: Importer Security Filing and Additional Carrier Requirements, GAO-09-240R, December 10, 2008
Pursuant to section
801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Homeland Security, Bureau of Customs and
Border Protection (CBP), entitled “Importer Security Filing and Additional
Carrier Requirements” (RIN: 1651-AA70).
We received the rule on
The interim final rule requires importers and carriers of
cargo into the
Enclosed is our assessment of CBP’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that CBP complied with the applicable requirements.
If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Shirley A. Jones, Assistant General Counsel, at (202) 512-8156.
Robert J. Cramer
Associate General Counsel
REPORT UNDER 5 U.S.C.
sect. 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF HOMELAND SECURITY,
BUREAU OF CUSTOMS AND BORDER PROTECTION
"IMPORTER SECURITY FILING AND
ADDITIONAL CARRIER REQUIREMENTS"
(i) Cost-benefit analysis
The Bureau of Customs and Border Protection (CBP) analyzed the costs and benefits of this interim final rule. CBP estimates that the increase in costs of imported shipments will range between $48 and $390 per shipment, or between 0.13 and 1.03 percent of the value of the shipment. CBP estimates that the total annualized costs for 2009 to 2018 of this rule to be between $890 million and $6.6 billion at a 3-percent discount rate and between $990 million and $7.0 billion at a 7-percent discount rate. CBP considered several alternatives and concluded that this rule was the best combination of cost and stringency.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603–605, 607, and 609
CBP determined that this interim final rule will likely not have a significant impact on a substantial number of small entities.
(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532–1535
The Act does not apply to rules that are necessary for national security. 2 U.S.C. sect. 1503(5). CBP determined that this interim final rule is necessary for national security and therefore this exception applies.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
This interim final rule was issued using the notice and
comment procedures found in the Administrative Procedure Act. 5 U.S.C. sect. 553. On
Paperwork Reduction Act, 44 U.S.C. sections 3501–3520
This interim final rule contains new and amended information collection requirements that CBP has submitted for review to the Office of Management and Budget (OMB) under the Act. These information collection requirements are associated with OMB Control Number 1651-0001 and CBP estimates that the total burden hours for these requirements to be 246.2 hours per carrier or respondent.
Statutory authorization for the rule
CBP promulgated this final rule under the authority of sections 301, 552, and 552a of title 5; section 943 of title 6; sections 58b, 66, 81a to 81u, 1202, 1431, 1433, 1434, 1448, 1459, 1481, 1484, 1498, 1551, 1552, 1553, 1584, 1581(a), 1590, 1594, 1623, 1624, 1627a, 1644, 1644a, 1646c, and 2071 note of title 19; section 3501 of title 44; and section 60105 of title 46, United States Code.
Executive Order No. 12,866
CBP determined that this interim final rule is economically significant under the Order because it may result in the expenditure of over $100 million in any one year. OMB reviewed the rule.