Department of Homeland Security, Bureau of Customs and Border Protection: Advance Electronic Transmission of Passenger and Crew Member Manifests for Commercial Aircraft and Vessels
GAO-07-1202R: Sep 6, 2007
- Full Report:
GAO reviewed the Department of Homeland Security, Bureau of Customs and Border Protection's (CBP) new rule on advance electronic transmission of passenger and crew member manifests for commercial aircraft and vessels. GAO found that (1) the final rule amends CBP's regulations regarding electronic manifest transmission requirements for travelers aboard international commercial flights and voyages arriving in and departing from the United States so that all passengers on commercial aircraft and all passengers on commercial vessels will be vetted against a terrorist watch list prior to the departure of the aircraft or vessel; and (2) CBP complied with the applicable requirements in promulgating the rule.
Department of Homeland Security, Bureau of Customs and Border Protection: Advance Electronic Transmission of Passenger and Crew Member Manifests for Commercial Aircraft and Vessels, GAO-07-1202R, September 6, 2007
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 Advance Electronic Transmission of Passenger and Crew Member Manifests for Commercial Aircraft and Vessels (RIN: 1651-AA62). We received the rule on
The final rule amends CBP's regulations regarding electronic manifest transmission requirements for travelers aboard international commercial flights and voyages arriving in and departing from the
Enclosed is our assessment of the 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, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236. The official responsible for GAO evaluation work relating to the subject matter of the rule is Norman Rabkin, Managing Director, Homeland Security and Justice. Mr. Rabkin can be reached at (202) 512-8777.
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
"ADVANCE ELECTRONIC TRANSMISSION OF PASSENGER
AND CREW MEMBER MANIFESTS FOR
COMMERCIAL AIRCRAFT AND VESSELS"
(i) Cost-benefit analysis
CBP performed a cost-benefit analysis and estimates that the present value costs of the final rule will range from $827 million to $1.2 billion over 10 years. The estimated benefits of the final rule include a present value monetary benefit of $105 million over 10 years, in addition to the qualitative benefit of enhancing security.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
CBP performed a regulatory assessment under the Regulatory Flexibility Act and has determined that the final rule will 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
CBP determined that the final rule did not contain an intergovernmental mandate. The final rule does contain a federal private sector mandate as it would result in the expenditure of more than $100 million by the private sector. CBP incorporated the cost benefit analysis prepared under Executive Order 12,866 to satisfy the requirements of the Unfunded Mandates Reform Act of 1995.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
The final rule amends only the time and manner of submission of information required to be submitted under the regulations. The collection of information under the regulations has been approved by the Office of Management and Budget (OMB), OMB No. 1651-0088. CBP submitted an Information Collection Report reflecting the change in the collection burden to OMB for review. CBP has estimated the total annual reporting burden to be 30,669 hours.
Statutory authorization for the rule
The final rule was promulgated under the direction of sections 4012 and 4071 of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458, 118 Stat. 3638.
Executive Order No. 12,866
The final rule was considered to be an economically significant regulatory action under the executive order and was reviewed by the Office of Management and Budget.
Executive Order No. 13,132 (Federalism)
CBP concluded that this final rule did not have federalism implications that would require a federalism summary impact statement.