Notice2022-08664
Request for Information on U.S. Customs and Border Protection Processes, Programs, Regulations, Collections of Information and Policies Pursuant to 19 CFR Part I
Primary source
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Published
April 22, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
U.S. Customs and Border Protection (CBP) is issuing this Request for Information (RFI) to receive input from the public on specific CBP processes, programs, regulations, collections of information, and policies for the agency to consider modifying, streamlining, expanding, or repealing in light of recent executive orders. This RFI is intended to ensure that CBP processes, programs, regulations, collections of information, and policies issued under CBP's regulations, authority contain necessary, properly tailored, and up-to-date requirements that effectively achieve CBP's mission in a manner that furthers the goals of advancing equity for all, including those in underserved communities; protecting public health and the environment; restoring science; and bolstering resilience from the effects of climate change, particularly for those disproportionately affected by climate change, and promoting and protecting our public health and the environment by advancing and prioritizing environmental justice.
Full Text
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<title>Federal Register, Volume 87 Issue 78 (Friday, April 22, 2022)</title>
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[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24185-24189]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08664]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[Docket No. USCBP-2022-0017]
Request for Information on U.S. Customs and Border Protection
Processes, Programs, Regulations, Collections of Information and
Policies Pursuant to 19 CFR Part I
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Request for information.
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SUMMARY: U.S. Customs and Border Protection (CBP) is issuing this
Request for Information (RFI) to receive input from the public on
specific CBP processes, programs, regulations, collections of
information, and policies for the agency to consider modifying,
streamlining, expanding, or repealing in light of recent executive
orders. This RFI is intended to ensure that CBP processes, programs,
regulations, collections of information, and policies issued under
CBP's regulations, authority contain necessary, properly tailored, and
up-to-date requirements that effectively achieve CBP's mission in a
manner that furthers the goals of advancing equity for all, including
those in underserved communities; protecting public health and the
environment; restoring science; and bolstering resilience from the
effects of climate change, particularly for those disproportionately
affected by climate change, and promoting and protecting our public
health and the environment by advancing and prioritizing environmental
justice.
DATES: Written comments are requested on or before June 21, 2022.
Comments received after this date will be considered for future
advisory, communicative, and outreach efforts to the extent
practicable.
ADDRESSES: Please submit any comments, identified by Docket No. USCBP-
2022-0017, by one of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments via Docket No. USCBP-
2022-0017.
<bullet> Mail: Trade and Commercial Regulations Branch, Office of
Trade, U.S. Customs and Border Protection, 90 K Street NE, 10th Floor,
Washington, DC 20229-1177.
Instructions: All submissions received must include the agency name
and docket number for this Request for Information. All comments
received by mail will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided. For
detailed instructions on submitting comments and additional information
on the rulemaking process, see the Public Participation heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Due to the
relevant COVID-19-related restrictions, CBP has temporarily suspended
on-site public inspections of the public comments.
FOR FURTHER INFORMATION CONTACT: Marty Chavers, Deputy Executive
Director, Office of Policy, U.S. Customs and Border Protection, (202)
325-1395, or <a href="/cdn-cgi/l/email-protection#460504166b1613040a0f056b14000f6b17130315120f0908150625243668222e3568212930"><span class="__cf_email__" data-cfemail="f7b4b5a7daa7a2b5bbbeb4daa5b1bedaa6a2b2a4a3beb8b9a4b7949587d9939f84d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to comment on this notice by
submitting written data, views, or arguments using a method identified
in the ADDRESSES section.
Instructions: All submissions must include the agency name and
docket number for this notice. Comments that will provide the most
assistance to U.S. Custom and Border Protection (CBP) will reference
the specific portion of the Request for Information (RFI) that is being
addressed, explain the reason(s) for any recommended changes to CBP
processes, programs, regulations, collections of information, and
policies, and include data, information, or authorities that support
any recommended changes.
All comments received will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Commenters are encouraged to identify, by number,
the specific question or questions to which they are responding.
Docket: For access to the docket to read comments, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
II. Background
On January 20, 2021, the President issued Executive Order 13985,
``Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government'' (E.O. 13985),\1\ designed to pursue a
comprehensive approach to advancing equity for all, including people of
color and others who have been historically underserved, marginalized,
and adversely affected by persistent poverty and inequality. E.O. 13985
defines ``equity'' as ``the consistent and systemic fair, just, and
impartial treatment of all individuals, including individuals who
belong to underserved communities that have been denied such treatment,
such as: Black, Latino, and Indigenous and Native American persons,
Asian Americans and Pacific Islanders and other persons of color;
members of religious minorities; lesbian, gay, bisexual, transgender,
and queer (LGBTQ+) persons; persons with disabilities; persons who live
in rural areas; and persons otherwise adversely affected by persistent
poverty or inequality.'' E.O. 13985 further defines
[[Page 24186]]
``underserved communities'' as ``populations sharing a particular
characteristic, as well as geographic communities, that have been
systematically denied a full opportunity to participate in aspects of
economic, social, and civic life, as exemplified by the list in the . .
. definition of `equity.' ''
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\1\ 86 FR 7009 (Jan. 25, 2021).
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E.O. 13985 requires each agency to assess whether, and to what
extent, its programs and policies perpetuate systemic barriers to
opportunities and benefits for people of color and other underserved
groups with the goal of developing policies and programs that deliver
resources and benefits equitably to all. This executive order requires
agencies to consult with members of communities that have been
historically underrepresented in the Federal Government and underserved
by, or subject to discrimination in, Federal policies and programs.
Also on January 20, 2021, the President issued Executive Order
13990 ``Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis'' (E.O. 13990).\2\ This executive
order requires agencies to review and take action to address the
promulgation of Federal regulations and other actions in conflict with
the objectives of improving public health and protecting the
environment by, among other things, bolstering resilience to the
effects of climate change. In taking these actions, agencies were
directed to seek input from the public and stakeholders, including
State, local, Tribal, and territorial officials, scientists, labor
unions, environmental advocates, and environmental justice groups.
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\2\ 86 FR 7037 (Jan. 25, 2021).
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Subsequently, on January 27, 2021, the President issued Executive
Order 14008 ``Tackling the Climate Crisis at Home and Abroad'' (E.O.
14008).\3\ This executive order directs agencies to move quickly to
build resilience, at home and abroad, against effects of climate change
and to prioritize action on climate change in policymaking. This
executive order specifically directs the Secretary of Homeland Security
to consider the implications of climate change to the Arctic, along our
Nation's borders, and to National Critical Functions, including any
relevant information from the Climate Risk Analysis, in developing
strategy, planning and programming. Additionally, the executive order
directs agencies that engage in extensive international work to develop
strategies and plans for integrating climate considerations into their
international work, as appropriate and consistent with applicable law.
To facilitate these actions, agencies are required to engage with
State, local, Tribal, and territorial governments; workers and
communities; and leaders across all sectors of our economy.
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\3\ 86 FR 7619 (Feb. 1, 2021).
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These executive orders are consistent with the mandates found in
other executive orders such as Executive Order 13563 (January 18,
2011), ``Improving Regulation and Regulatory Review,'' which directs
agencies to ``identify the best, most innovative, and least burdensome
tools for achieving regulatory ends.'' \4\ Executive Order 13563 is
affirmed in the President's Memorandum of January 20, 2021, Modernizing
Regulatory Review.\5\ Further, Executive Order 13707 (September 15,
2015), ``Using Behavioral Insights to Better Serve the American
People,'' directs agencies to design ``programs and policies to reflect
our best understanding of how people engage with, participate in, use,
and respond to those policies and programs.'' \6\ Executive Order 13707
is affirmed in the President's Memorandum of January 27, 2021,
Restoring Trust in Government through Scientific Integrity and
Evidence-Based Policymaking.\7\
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\4\ 76 FR 3821 (Jan. 21, 2011).
\5\ 86 FR 7223 (Jan. 26, 2021).
\6\ 80 FR 56365 (Sep. 18, 2015).
\7\ 86 FR 8845 (Feb. 10, 2021).
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Pursuant to these executive orders and presidential memoranda, CBP
is issuing this RFI to gather information on the extent to which the
existing agency processes, programs, regulations, collections of
information, and policies under the authority of title 19 of the CFR,
chapter I: (1) Perpetuate systemic barriers to opportunities and
benefits for people of color and other underserved groups; (2) do not
bolster resilience to the effects of climate change; and (3) address
the disproportionately high and adverse climate-related effects on
disadvantaged communities. Among other things, CBP seeks concrete
information about unnecessary or unjustified administrative burdens
that may create systemic barriers to the importation of merchandise
into the United States.
It is important to note that CBP continually evaluates its programs
and policies, as well as its regulatory framework, for rules that are
candidates for modification, streamlining, expansion, or repeal. CBP
does so through legally mandated review requirements (e.g., Unified
Agenda reviews, 5 U.S.C. 601, et seq., and reviews under section 610 of
the Regulatory Flexibility Act, 5 U.S.C. 610) and through other
informal and long-established mechanisms (e.g., use of Federal Advisory
Committees such as the Commercial Customs Operations Advisory Committee
(COAC), feedback from CBP field personnel, input from internal working
groups, and outreach to regulated entities and the public). This
Federal Register notice supplements these existing, extensive CBP
regulatory and program review efforts.
III. CBP's Operational Programs
CBP operates in 106 countries; serves at 328 ports of entry within
the United States; safeguards roughly 7,000 miles of land border and
95,000 miles of shoreline; and patrols the associated air and maritime
spaces. On a typical day in fiscal year (FY) 2021, CBP: Welcomed into
the United States 121,516 incoming international air passengers and
crew; 8,094 passengers arriving on ships/boats; 362,078 incoming land
travelers; stopped more than 264 pests at U.S. ports of entry and
quarantined 2,548 materials, including plant, meat, animal byproduct,
and soil; and seized 4,732 pounds of drugs, approximately $342,000 of
illicit currency, and approximately $9,000,000 worth of merchandise
that was in violation of the Intellectual Property Rights laws.\8\ As
part of its law enforcement function, on a typical day in FY 2021, CBP
conducted 1,703 apprehensions between U.S. ports of entry; 25 arrests
of wanted criminals at U.S. ports of entry; and 723 refusals of
inadmissible persons at U.S. ports of entry.\9\ As part of its trade
enforcement and revenue protection responsibilities, on a typical day
in FY 2021, CBP collected approximately $256 million in duties, taxes,
and other fees, including approximately $234 million in duties.\10\
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\8\ <a href="https://www.cbp.gov/newsroom/stats/typical-day-fy2021">https://www.cbp.gov/newsroom/stats/typical-day-fy2021</a>
(describing CBP's typical activities on an average day from October
1, 2020 through September 30, 2021, including those conducted during
the COVID-19 pandemic, as compiled and reported by CBP on January 3,
2022).
\9\ Id.
\10\ Id.
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CBP's mission is to protect the American people, safeguard our
borders, and enhance the Nation's economic prosperity. As a part of
CBP's law enforcement mission, and in order to protect the American
people and safeguard our borders, it is CBP's policy to prohibit the
consideration of race or ethnicity in law enforcement, investigation,
and screening activities, in all but the most exceptional
[[Page 24187]]
circumstances.\11\ To enhance the Nation's economic mission, CBP
continuously works to develop legal and operational changes that
embrace 21st Century processes and emerging technologies to better
secure national and economic security, enhance data integrity, account
for emerging actors and business practices, and better facilitate trade
by reducing financial and administrative burdens and constraints in
customs transactions.
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\11\ <a href="https://www.cbp.gov/about/eeo-diversity/policies/nondiscrimination-law-enforcement-activities-and-all-other-administered">https://www.cbp.gov/about/eeo-diversity/policies/nondiscrimination-law-enforcement-activities-and-all-other-administered</a> (describing CBP Policy on Nondiscrimination in Law
Enforcement Activities and all other Administered Programs).
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CBP's core values are vigilance, service to country, and integrity.
CBP's vision is to enhance the Nation's security through innovation,
intelligence, collaboration and trust.\12\ The agency carries out its
trade mission under the authority of title 19 of the CFR, Chapter I
\13\ through the Air and Marine Operations (AMO), United States Border
Patrol (BP), Office of Field Operations (OFO), the Office of Trade
(OT), multiple program offices, and ten regional offices located
throughout the United States.\14\
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\12\ <a href="https://www.cbp.gov/about">https://www.cbp.gov/about</a>.
\13\ CBP's immigration authority can be found in title 8 of the
CFR, Chapter I.
\14\ About CBP [verbar] U.S. Customs and Border Protection.
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Of CBP's four operational offices (AMO, BP, OFO, and OT), AMO
applies advanced aeronautical and maritime capabilities and employs its
unique skill sets to preserve America's security interests. With 1,800
Federal agents and mission support personnel, 240 aircraft and 300
marine vessels operating throughout the United States, Puerto Rico, and
the U.S. Virgin Islands, AMO uses its sophisticated fleets to detect,
sort, intercept, track and apprehend criminals in diverse environments
at and beyond U.S. borders. AMO program offices include Operations,
Mission Support, National Air Security Operations, and Training and
Safety Standards.
BP is the primary Federal law enforcement organization responsible
for preventing terrorists and their weapons from entering the United
States between official CBP ports of entry. BP is also responsible for
preventing the illicit trafficking of people and contraband between the
official ports of entry. BP, which has a work force of more than 20,000
agents and 2,000 mission support personnel, is specifically responsible
for patrolling the 6,000 miles of Mexican and Canadian international
land borders and 2,000 miles of coastal waters surrounding the Florida
Peninsula and the island of Puerto Rico. Agents work around the clock
on assignments, in all types of terrain and weather conditions. Agents
also work in many isolated communities throughout the United States.
OFO was built upon the legacy U.S. Customs Service and traces its
history back to when the agency was established on July 31, 1789. On
March 1, 2003, a majority of employees from the legacy U.S. Customs
Service were transitioned into CBP under DHS. The merger also included
and incorporated the separate border inspection functions of the
Department of Agriculture and the former Immigration and Naturalization
Service into CBP's OFO. Today, OFO has more than 32,000 employees,
uniformed and non-uniformed, located throughout the United States and
around the world. By guarding America's borders, welcoming lawful
visitors, and facilitating legitimate trade, OFO plays a vital role in
protecting our national security and ensuring our economic prosperity.
OFO is comprised of the following program offices: Admissibility and
Passenger Programs; Agriculture Programs and Trade Liaison; Cargo and
Conveyance Security; Mission Support; National Targeting Center;
Operations; and Planning, Program Analysis and Evaluation.
OFO also houses the 10 CBP Centers of Excellence and Expertise
(Centers): (1) Agriculture and Prepared Products; (2) Apparel, Footwear
and Textiles; (3) Automotive and Aerospace; (4) Base Metals; (5)
Consumer Products and Mass Merchandising; (6) Electronics; (7)
Industrial and Manufacturing Materials; (8) Machinery; (9) Petroleum,
Natural Gas and Minerals; and (10) Pharmaceuticals, Health and
Chemicals.\15\ The Centers are responsible for performing certain trade
functions and making certain determinations as set forth in particular
regulatory provisions regarding importations by importers who are
considered by CBP to be in the industry sector, regardless of the ports
of entry at which the importations occur. Industry sectors are
categorized by the Harmonized Tariff Schedule of the United States
(HTSUS) numbers representing an industry sector.\16\
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\15\ <a href="https://www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory">https://www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory</a>.
\16\ 19 CFR 101.10.
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OT consolidates the trade policy, program development, and
compliance measurement functions of CBP into one office and provides
uniformity and clarity for the development of CBP's national strategy
to facilitate legitimate trade. OT manages the design and
implementation of results-driven strategic initiatives for trade
compliance and enforcement. OT also directs national enforcement
responses through effective targeting of goods crossing the border as
well as strict, swift punitive actions against companies participating
in predatory trade practices. Through coordination with international
partners and other U.S. government agencies, OT directs the enforcement
of intellectual property rights, the identification of risks to detect
and prevent the importation of contaminated agricultural or food
products, and the enforcement of trade agreements.
By promoting trade facilitation through partnership programs, OT
streamlines the flow of legitimate shipments and fosters corporate
self-governance as a means of achieving compliance with trade laws and
regulations. OT's risk-based audit program is used to respond to
allegations of commercial fraud and to conduct corporate reviews of
internal controls to ensure importers comply with trade laws and
regulations. OT provides the legal tools to promote trade facilitation
and compliance with customs, trade and border security requirements
through the issuance of all CBP regulations, legally binding advance
rulings and administrative decisions, informed compliance publications
(ICPs) and structured programs for external CBP training, and outreach
on international trade laws and CBP regulations.
OT is comprised of the following Directorates that interact with
the public: Operations, Regulations and Rulings, Trade Remedy Law
Enforcement, Trade Policy and Programs, Trade Transformation Office,
and Regulatory Audit and Agency Advisory Services. OT directs the
development and implementation of matters relating to CBP's Priority
Trade Initiatives (PTIs), which include: (1) Agriculture and Quota; (2)
Antidumping and Countervailing Duty (AD/CVD); (3) Import Safety; (4)
Intellectual Property Rights; (5) Revenue; (6) Textiles/Wearing
Apparel; and (7) Trade Agreements.\17\ In addition to the PTIs, OT is
responsible for the Single Window (e.g., the Automated Commercial
Environment), audit programs, and the development of CBP's vision under
the 21st Century Customs Framework. Additionally, OT has a legal
responsibility to issue administrative rulings in response to
[[Page 24188]]
requests from the trade community; to respond to petitions for relief
from the seizure and forfeiture of merchandise and the assessment of
civil penalties; \18\ to inform the public about CBP trade policies
through ICPs; \19\ to ensure that its rulings are made publicly
available through the Customs Rulings Online Search System (CROSS);
\20\ and to maintain a public directory of recorded trademarks and
copyrights that receive border enforcement through CBP's e-Recordation
program.\21\
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\17\ <a href="https://www.cbp.gov/trade/priority-issues">https://www.cbp.gov/trade/priority-issues</a>.
\18\ <a href="https://www.cbp.gov/trade/programs-administration/penalties">https://www.cbp.gov/trade/programs-administration/penalties</a>.
\19\ <a href="https://www.cbp.gov/trade/rulings/informed-compliance-publications">https://www.cbp.gov/trade/rulings/informed-compliance-publications</a>.
\20\ <a href="https://rulings.cbp.gov/home">https://rulings.cbp.gov/home</a>.
\21\ <a href="https://iprr.cbp.gov/">https://iprr.cbp.gov/</a>; <a href="https://iprs.cbp.gov/">https://iprs.cbp.gov/</a>; <a href="https://www.cbp.gov/trade/priority-issues/ipr/protection">https://www.cbp.gov/trade/priority-issues/ipr/protection</a>.
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There are two offices that provide essential support to CBP's
operational offices, which are described above. The first is the Office
of Operations Support, which includes the Laboratories and Scientific
Services Directorate, Office of Intelligence, Office of International
Affairs, CBP Watch, Planning, Analysis, and Requirements Evaluation
Directorate, Law Enforcement Safety and Compliance Directorate, Mission
Support Division, and Office of the Chief Medical Officer. The second
is Enterprise Services (ES). The offices under ES, including
Accountability, Acquisition, Facilities and Asset Management, Human
Resources Management, Information and Technology, Programming, and
Training and Development, provide key support for both CBP's frontline
operators and non-frontline entities.
CBP seeks specific input from the public regarding the processes,
programs, regulations, collections of information, and policies
implemented by its operational and support offices under the
authorities specified in title 19 of the CFR, chapter I. CBP is seeking
information and input from the public regarding these key programs and
the related regulations and policies as part of the agency's efforts to
ensure that it is operating its programs in compliance with the
executive orders detailed above.
IV. Public Participation
A. Importance of Public Feedback
A central tenet of each of the executive orders discussed above is
the critical and essential role of public input in driving and focusing
CBP review of its existing processes, programs, regulations,
collections of information, and policies. Because the effects of
Federal regulations and policies tend to be widely dispersed in
society, members of the public are likely to have useful information,
data, and perspectives on the benefits and burdens of CBP's existing
processes, programs, regulations, information collections, and
policies. Given the importance of public input, CBP is seeking specific
public feedback to facilitate these program reviews in the context of
equity for all, including those in underserved communities, bolstering
resilience to the effects of climate change, particularly for those
disproportionately affected by climate change, and that advance and
prioritize environmental justice. This is especially of concern in
these times of racial unrest and uncertainty, and in this period in
which disasters of many kinds have become more common, and where
science has been called into question as a reliable factor upon which
to base our decisions. It is essential to reevaluate CBP's programs to
reduce unnecessary barriers to participation and effectiveness, and to
serve all communities, to increase equity.
B. Maximizing the Value of Public Feedback
This notice contains a list of questions, the answers to which will
assist CBP in identifying those processes, programs, regulations,
collections of information, and policies under its title 19 of the CFR,
chapter I authorities that may benefit from modification, streamlining,
expansion, or repeal in light of the executive orders. CBP encourages
public comment on these questions and seeks any other data that
commenters believe are relevant to CBP's efforts to review whether CBP
policies and actions: (1) Create or exacerbate barriers to full and
equal participation by all eligible individuals; (2) rely upon science
to ensure access to clean air and water; limit exposure to dangerous
chemicals and pesticides; hold polluters accountable; reduce greenhouse
emissions; hinder or bolster resilience to the impacts of climate
change; restore and expand our national treasures and monuments, and
prioritize both environmental justice and the creation of well-paying
union jobs to deliver on these goals; and (3) factor the effects of
climate change in the Arctic, along our Nation's borders, and to
National critical functions--including climate risks.
The type of feedback that is most useful to the agency includes
feedback that identifies specific processes, programs, regulations,
information collections, and/or policies that could benefit from
reform; feedback that refers to specific barriers to participation;
feedback about how to improve risk perception; feedback that offers
actionable data; and feedback that specifies viable alternatives to
existing approaches that meet statutory obligations. For example,
feedback that simply states that a stakeholder feels strongly that CBP
should change a regulation, but does not contain specific information
on how the proposed change would affect the costs and benefits of the
regulation, is much less useful to CBP. CBP is looking for new
information and new data to support any proposed changes that further
the goals of advancing equity for all, including those in underserved
communities, protecting public health and the environment, restoring
science, and bolstering resilience from the effects of climate change,
particularly for those disproportionately affected by climate change,
and advancing and prioritizing environmental justice.
Highlighted below are a few of those points, noting comments that
are most useful to CBP, guided by corresponding principles. Commenters
should consider these principles as they answer and respond to the
questions in this notice.
<bullet> Commenters should identify, with specificity, the program,
regulation, information collection, and/or policy at issue, providing
the applicable Code of Federal Regulation (CFR) citation where
appropriate.
<bullet> Commenters should identify, with specificity,
administrative burdens, program requirements, information collection
burdens, waiting time, or unnecessary complexity that may impose
unjustified barriers in general, or that may have adverse effects on
equity for all, including individuals who belong to underserved
communities that have been denied equitable treatment, such as Black,
Latino, and Indigenous and Native American persons, Asian Americans and
Pacific Islanders and other persons of color; members of religious
minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+)
persons; persons with disabilities; persons who live in rural areas;
and persons otherwise adversely affected by persistent poverty or
inequality.
<bullet> Commenters should identify, with specificity, small or
large reforms that might be justified in light of the risks posed by
climate change, whether those reforms involve preparedness, mitigation,
or other steps to reduce suffering.
<bullet> Commenters should provide specific data that document the
costs, burdens, and benefits of existing requirements to the extent
they are available. Commenters might also
[[Page 24189]]
address how CBP can best obtain and consider accurate, objective
information and data about the costs, burdens, and benefits of existing
programs and regulations and whether there are existing sources of data
that CBP can use to evaluate the post-promulgation effects of its
regulations over time as they affect advancing equity for all,
including those in underserved communities, protecting public health
and the environment, restoring science, and bolstering resilience from
the effects of climate change, particularly for those
disproportionately affected by climate change and environmental
justice.
<bullet> Particularly where comments relate to a program's costs or
benefits, comments will be most useful if there are data and experience
under the program available to ascertain the program's actual effect on
the goals of advancing equity for all, including those in underserved
communities, protecting public health and the environment, restoring
science, and bolstering resilience from the effects of climate change,
particularly for those disproportionately affected by climate change,
and promoting and protecting our public health and the environment by
advancing and prioritizing environmental justice.
C. List of Questions for Commenters
The below non-exhaustive list of questions is meant to assist
members of the public in the formulation of comments regarding whether
CBP's policies and actions advance equity for all, including those in
underserved communities; protect public health and the environment;
restore science; and bolster resilience from the effects of climate
change, particularly for those disproportionately affected by climate
change; and promoting and protecting our public health and the
environment by advancing and prioritizing environmental justice. This
list is not intended to restrict the issues that commenters may
address. CBP compiled a list of specific questions that may be answered
as if applicable to any of CBP's programs under its title 19 of the
CFR, chapter I authorities.
Specific Questions
(1) Are there CBP processes, programs, regulations, information
collections, forms, required documentation, guidance and/or policies
that perpetuate systemic barriers to opportunities and benefits for
people of color and/or other underserved groups as defined in Executive
Order 13985 and, if so, what are they? How can those programs,
regulations, and/or policies be modified, expanded, streamlined, or
repealed to deliver resources and benefits more equitably?
(2) Are there CBP processes, programs, regulations, information
collections, forms, required documentation, guidance and/or policies
that hinder or do not bolster resilience to the effects of climate
change, particularly for those disproportionately affected by climate
change, and, if so, what are they? How can those programs, regulations,
and/or policies be modified, expanded, streamlined, or repealed to
bolster resilience to the effects of climate change?
(3) Are there CBP processes, programs, regulations, information
collections, forms, required documentation, guidance and/or policies
that do not promote environmental justice? How can those programs,
regulations, and/or policies be modified, expanded, streamlined, or
repealed to promote environmental justice?
(4) Are there CBP processes, programs, regulations, information
collections, forms, required documentation, guidance and/or policies
that are unnecessarily complicated or that could be streamlined to
achieve the objectives of equity for all, including people of color and
others who have been historically underserved, marginalized, and
adversely affected by persistent poverty and inequality, so as to
bolster resilience to climate change and/or address the
disproportionately high and adverse climate change-related effects on
disadvantaged communities in more efficient ways? If so, what are they
and how can they be made less complicated and/or streamlined?
(5) Are there any CBP regulations and/or policies that create
duplication, overlap, complexity, or inconsistent requirements within
CBP programs, other DHS components, or any other Federal Government
agencies that affect equity, resilience to the effects of climate
change, and/or environmental justice? If so, what are they and how can
they be improved or updated to meet the required objectives of racial
equity, resiliency, and environmental justice?
(6) Are there existing sources of data that CBP can use to evaluate
the post-promulgation effects of regulations over time? Or are there
sources of data that CBP can use to evaluate the effects of CBP
policies or regulations on equity for all, including individuals who
belong to underserved communities?
(7) What successful approaches to advance equity and climate
resilience have been taken by State, local, Tribal, and territorial
governments, and in what ways do CBP's programs present barriers or
opportunities to successful implementation of these approaches?
CBP notes that this RFI is solely for information and program-
planning purposes. While CBP intends to fully consider all input
received from the public in response to this RFI, CBP will not respond
individually to comments and none of the comments submitted will bind
CBP to take any specific actions.
Chris Magnus, Commissioner, having reviewed and approved this
document, is delegating the authority to electronically sign this
document to Robert F. Altneu, who is the Director of the Regulations
and Disclosure Law Division for CBP, for purposes of publication in the
Federal Register.
Dated: April 19, 2022.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2022-08664 Filed 4-21-22; 8:45 am]
BILLING CODE 9111-14-P
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