CBP's Proposed Rule on 10+2 for Maritime Cargo (Part IX - Proposed Carrier Requirements)

CBP states that this additional information, which would be submitted by way of a CBP-approved electronic data interchange system¹, will further improve the ability of CBP to identify high-risk shipments in order to prevent the smuggling of terrorist weapons into the U.S. and ensure cargo safety and security.

Written comments on this proposed rule are due by March 3, 2008 (See BP Note).

This is Part IX of a multipart series of summaries of this proposed rule, and highlights the proposed carrier requirements for vessel cargo. See future issues of ITT for additional summaries on this proposed rule.

CBP Proposes to Require Carriers to Submit a Vessel Stow Plan

CBP is proposing to require carriers to submit a vessel stow plan for vessels destined to the U.S. The vessel stow plan would be used to transmit information about the physical location of cargo loaded aboard a vessel, which would enhance the security of the maritime environment.

Stow plan requirement timeline. Under the proposed regulations, CBP must receive the stow plan for vessels transporting containers and/or break bulk cargo no later than 48 hours after departure from the last foreign port. For voyages less than 48 hours in duration, the proposed regulations state that CBP must receive the stow plan prior to the vessel's arrival at the first port in the U.S.

Exemption for exclusive bulk carriers. Bulk carriers would be exempt from this requirement for vessels exclusively carrying bulk cargo.

Information required on the stow plan. Under the proposed regulations, the vessel stow plan must include standard information relating to the vessel and each container and unit of break bulk cargo laden on the vessel.

With regard to the vessel, the vessel stow plan would be required include the following standard information: (1) vessel name (including international maritime organization (IMO) number); (2) vessel operator; and (3) voyage number.

With regard to each container or unit of break bulk cargo, the vessel stow plan would be required to include the following standard information: (1) container operator, if containerized; (2) equipment number, if containerized; (3) equipment size and type, if containerized; (4) stow position; (5) Hazmat-UN code; (6) port of lading; and (7) port of discharge.

Carriers WouldSubmit CSMs Daily for Up to 9 Events

CBP is proposing to require carriers to submit container status messages (CSMs) daily for up to nine events relating to all containers laden with cargo destined to arrive within the limits of a port in the U.S. by vessel.

(The proposed rule will not require a carrier to create or collect any CSM data other than that which the carrier already creates or collects on its own and maintains in its electronic equipment tracking system.)

Events for which CSMs would be required. Under the proposed rule, carriers would submit a CSM when any of the nine below-listed events occurs - if the carrier creates or collects a CSM in its equipment tracking system reporting that event.

CSMs would be required to be submitted no later than 24 hours after the message is entered into the carrier's equipment tracking system.

The nine events for which CSMs would be required are:

1. When the booking relating to a container which is destined to arrive within the limits of a port in the U.S. by vessel is confirmed;
2. When a container which is destined to arrive within the limits of a port in the U.S. by vessel undergoes a terminal gate inspection;
3. When a container, which is destined to arrive within the limits of a port in the U.S. by vessel, arrives or departs a facility (These events take place when a container enters or exits a port, container yard, or other facility. Generally, these CSMs are referred to as "gate-in" and "gate-out" messages.);
4. When a container, which is destined to arrive within the limits of a port in the U.S. by vessel, is loaded on or unloaded from a conveyance (This includes vessel, feeder vessel, barge, rail and truck movements. Generally, these CSMs are referred to as "loaded on" and "unloaded from" messages);
5. When a vessel transporting a container, which is destined to arrive within the limits of a port in the U.S. by vessel, departs from or arrives at a port (These events are commonly referred to as "vessel departure" and "vessel arrival" notices);
6. When a container which is destined to arrive within the limits of a port in the U.S. by vessel undergoes an intra-terminal movement;
7. When a container which is destined to arrive within the limits of a port in the U.S. by vessel is ordered stuffed or stripped;
8. When a container which is destined to arrive within the limits of a port in the U.S. by vessel is confirmed stuffed or stripped; and
9. When a container which is destined to arrive within the limits of a port in the U.S. by vessel is shopped for heavy repair.

CSMs would provide CBP with additional transparency. CSMs would provide CBP with additional transparency into the custodial environment through which inter-modal containers are handled and transported before arrival in the U.S. This enhanced view (in corroboration with other advance data messages) into the international supply chain would contribute to the security of the U.S. and in the international supply chain through which containers and import cargos reach ports in the U.S.

The messages would be used to report terminal container movements (e.g., loading and discharging the vessel) and to report the change in status of containers (e.g., empty or full).

Two standards governing the formation of CSMs. There would be two basic standards governing the formation of CSMs: the American National Standards Institute (ANSI) X.12 standard and the United Nations rules for Electronic Data Interchange for Administration, Commerce and Transport (UN EDIFACT) standard. Under the proposed regulations, CSMs created under either standard would be acceptable.

Exemption for bulk, break bulk cargo. Carriers would be exempt from the CSM requirement for bulk and break bulk cargo.

Carriers could transmit "global" CSMs. CBP notes that it is aware that it could be cost beneficial for some carriers to transmit all CSMs, rather than filter out CSMs relating to containers destined to the U.S. or relating only to the required events. Accordingly, CBP is proposing to allow carriers to transmit their "global" CSMs, including CSMs relating to containers that do not contain cargo destined for importation into the U.S. and CSMs relating to events other than the required events. However, by transmitting CSMs in addition to those required by the proposed regulations, a carrier would authorize CBP to access and use that data.

Information required for CSMs. For each CSM submitted, the following information would be required to be included: (1) event code being reported, as defined in the ANSI X.12 or UN EDIFACT standards; (2) container number; (3) date and time of the event being reported; (4) status of the container (empty or full); (5) location where the event took place; and (6) vessel identification associated with the message.

Information Would be Used Exclusively for Ensuring Cargo Safety, Security

According to CBP's responses to comments that were received on the 10+2 Strawman, as well as recommendations of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Function's (COAC) Advance Data Subcommittee, if the proposed regulations are adopted as final, CBP would use the data required by this rule "exclusively for ensuring cargo safety and security and preventing smuggling" and would not use the data for "determining merchandise entry or for any other commercial enforcement purposes."

Protection of Confidential Information Submitted to CBP

CBP also commented that it should keep importer SF, vessel stow plan, and container status message information confidential, except to the extent required by law.

Pursuant to the authority under both Section 343(a) of the Trade Act (19 USC 2071 note) and Section 203(d) of the Security and Accountability for Every (SAFE) Port Act (6 USC 943(d)), CBP is proposing to amend 19 CFR 103.31a to include the importer SF elements (including the importer of record number), vessel stow plan information, and container status message information to the list of information that is per se exempt from disclosure under 19 CFR 103.12(d), unless CBP receives a specific request for such records pursuant to 19 CFR 103.5, and the owner of the information expressly agrees in writing to its release.

¹The current approved electronic data interchange systems for the importer SF are the Automated Broker Interface (ABI) and the Vessel Automated Manifest System (AMS). The current approved electronic data interchange system for the vessel stow plan and CSMs is vessel AMS. CBP states that if it approves a different or additional electronic data interchange system, CBP will publish notice in the Federal Register.

• Written comments on the proposed rule are due by March 3, 2008 (see BP Note)

(See ITT's Online Archives or 01/14/08 news, 08011405, for Part VIII of BP's summary on this proposed rule, with a link to Parts I - VII.)

CBP contact - Richard Di Nucci (202) 344-2513

CBP proposed rule (FR Pub 01/02/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E7-25306.pdf

BP Note

On January 8, 2007, CBP corrected two errors in its proposed rule pertaining to the address and docket number for comments. (CBP correction notice, FR Pub 01/08/08, http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-50.pdf)