DHS Regulatory Agenda Lists New Rail Export Manifest Proposal
DHS published its fall 2023 regulatory agenda for CBP with only one new trade-related action mentioned. The department listed a new proposed rule that could mandate electronic export manifest for all cargo leaving the U.S. by rail.
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The proposed rule would require filers of that electronic export information to “identify the parties eligible to transmit information, describe the time frames prior to departure of the train in which the information is due, and identify an initial filing that must occur 24 hours prior to departure from the port of export while requiring that remaining data be transmitted at least two hours prior to such departure.”
The Commercial Customs Operations Advisory Committee in December urged CBP to roll out its long-awaited electronic export manifest for all modes of transportation, an effort that has been underway for years (see 2312050026). DHS said it’s expecting to publish the rule for rail manifest in June.
DHS also included new listings for a series of proposed rules on Privacy Act exemptions, including one that would "exempt portions of the system of records" for cargo inspection, exam, and security records "from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements."
Agenda Highlights
Highlights of DHS CBP rulemakings that are at the proposed, final or completed stages are below. New items are marked with an asterisk (*).
| Proposed Rule Stage |
|---|
| Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-001 Advance Passenger Information System (APIS) System of Records |
| Privacy Act of 1974: Implementation of Exemptions; Traveler Encounter Records (TER) System of Records |
| Withdrawal of International Airport Designation of Chalk Seaplane Base |
| 9-11 Response & Biometric Entry-Exit Fees for H-1B and L-1 Visas |
| *Automated Commercial Environment (ACE) Electronic Export Manifest for Rail Cargo |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-0xx Passenger Name Record System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-0xx Cargo Inspection, Exam, and Security Records System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-0xx Consolidated Law Enforcement Lookout Records System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-0xx Foreign Travel Records System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-0xx Secondary Inspection and Apprehension Records System of Records |
| Final Rule Stage |
| Air Cargo Advance Screening (ACAS) |
| Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders |
| Automation of CBP Form I-418 for Vessels |
| Customs Broker Identification of Importers |
| Procedures for Debarring Vessels From Entering U.S. Ports |
| Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes |
| Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program Automation and Electronic Travel Authorization; Creation of CNMI Economic Vitality & Security Travel Authorization Program |
| Management of Customs Ports of Entry and Customs Stations |
| Advance Passenger Information System: Electronic Validation of Travel Documents |