Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Notices 35405

Estimated Number of Total Annual provided here is solely for questions marking requirements for containers are Responses: 140,000. regarding this notice. Individuals provided for by 19 CFR 134.22(b). Estimated Time per Response: 3 seeking information about other CBP Current Actions: CBP proposes to minutes. programs should contact the CBP extend the expiration date of this Estimated Total Annual Burden National Customer Service Center at information collection with no change Hours: 7,000. 877–227–5511, (TTY) 1–800–877–8339, to the burden hours or to the Dated: July 17, 2019. or CBP website at https://www.cbp. information collected. Seth D. Renkema, gov/. Type of Review: Extension (without change). Branch Chief, Economic Impact Analysis SUPPLEMENTARY INFORMATION: CBP Branch, U.S. Customs and Border Protection. invites the general public and other Affected Public: Businesses. Estimated Number of Respondents: [FR Doc. 2019–15550 Filed 7–22–19; 8:45 am] Federal agencies to comment on the 250. BILLING CODE 9111–14–P proposed and/or continuing information collections pursuant to the Paperwork Estimated Number of Responses per Reduction Act of 1995 (44 U.S.C. 3501 Respondent: 40. DEPARTMENT OF HOMELAND et seq.). This proposed information Estimated Number of Total Annual SECURITY collection was previously published in Responses: 10,000. Estimated Time per Response: 15 the Federal Register (84 FR 11550) on seconds. U.S. Customs and Border Protection March 27, 2019, allowing for a 60-day Estimated Total Annual Burden comment period. This notice allows for [1651–0057] Hours: 41. an additional 30 days for public Agency Information Collection comments. This process is conducted in Dated: July 17, 2019. Activities: Country of Origin Marking accordance with 5 CFR 1320.8. Written Seth D. Renkema, Requirements for Containers or comments and suggestions from the Branch Chief, Economic Impact Analysis Holders public and affected agencies should Branch, U.S. Customs and Border Protection. address one or more of the following [FR Doc. 2019–15551 Filed 7–22–19; 8:45 am] AGENCY: U.S. Customs and Border four points: (1) Whether the proposed BILLING CODE 9111–14–P Protection (CBP), Department of collection of information is necessary Homeland Security. for the proper performance of the ACTION: 30-Day notice and request for functions of the agency, including DEPARTMENT OF HOMELAND comments; Extension of an existing whether the information will have SECURITY collection of information. practical utility; (2) the accuracy of the U.S. Customs & Border Protection SUMMARY: The Department of Homeland agency’s estimate of the burden of the proposed collection of information, Security, U.S. Customs and Border Section 321 Data Pilot Protection will be submitting the including the validity of the following information collection request methodology and assumptions used; (3) AGENCY: U.S. Customs and Border to the Office of Management and Budget suggestions to enhance the quality, Protection, DHS. (OMB) for review and approval in utility, and clarity of the information to ACTION: General notice. accordance with the Paperwork be collected; and (4) suggestions to Reduction Act of 1995 (PRA). The minimize the burden of the collection of SUMMARY: This document announces information collection is published in information on those who are to that U.S. Customs and Border Protection the Federal Register to obtain comments respond, including through the use of (CBP) is conducting a voluntary test to from the public and affected agencies. appropriate automated, electronic, collect certain advance data related to mechanical, or other technological shipments potentially eligible for DATES: Comments are encouraged and collection techniques or other forms of release under section 321 of the Tariff must be submitted (no later than August information technology, e.g., permitting Act of 1930, as amended. Section 321 22, 2019) to be assured of consideration. electronic submission of responses. The provides for an administrative ADDRESSES: Interested persons are comments that are submitted will be exemption from duty and taxes for invited to submit written comments on summarized and included in the request shipments of merchandise (other than this proposed information collection to for approval. All comments will become bona-fide gifts and certain personal and the Office of Information and Regulatory a matter of public record. household goods) imported by one Affairs, Office of Management and person on one day having an aggregate Overview of This Information Budget. Comments should be addressed fair retail value in the country of Collection to the OMB Desk Officer for Customs shipment of not more than $800. and Border Protection, Department of Title: Country of Origin Marking Pursuant to this test, participants will Homeland Security, and sent via Requirements for Containers or Holders. electronically transmit certain data electronic mail to dhsdeskofficer@ OMB Number: 1651–0057. elements pertaining to these shipments omb.eop.gov. Abstract: Section 304 of the Tariff Act to CBP in advance of arrival. CBP is FOR FURTHER INFORMATION CONTACT: of 1930, as amended, 19 U.S.C. 1304, conducting this test to determine the Requests for additional PRA information requires each imported article of foreign feasibility of requiring advance data should be directed to Seth Renkema, origin, or its container, to be marked in from different types of parties and Chief, Economic Impact Analysis a conspicuous place as legibly, indelibly requiring additional data that is Branch, U.S. Customs and Border and permanently as the nature of the generally not required under current Protection, Office of Trade, Regulations article or container permits, with the regulations in order to effectively and Rulings, 90 K Street NE, 10th Floor, English name of the country of origin. identify and target high-risk shipments Washington, DC 20229–1177, The marking informs the ultimate in the e-commerce environment. Telephone number 202–325–0056 or via purchaser in the United States of the Participants may be non-traditional CBP email [email protected]. Please name of the country in which the article partners, such as online marketplaces. note that the contact information was manufactured or produced. The This notice describes the purpose of the

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test and test procedures, and sets forth 2003); 19 CFR 4.7 (vessel), 122.48a (air), location, and the name and address of the eligibility requirements for 123.91 (rail), and 123.92 (truck). the consolidator. 19 CFR 149.3(a). participation. This test will be known as Although the required data elements CBP uses the advance electronic data the Section 321 Data Pilot. differ depending on the mode of transmitted pursuant to these DATES: The voluntary pilot will begin on transportation and the type of shipment, authorities to identify and target high- August 22, 2019 and run for the carrier generally must transmit risk shipments of commercial cargo approximately one year. CBP will accept information such as the shipper name arriving in the United States. applications from prospective pilot and address, the consignee name and B. Section 321 Shipments participants at any time, including after address, a description of the cargo, Section 321(a)(2)(C) of the Tariff Act the pilot commences, until CBP has including the cargo’s quantity and of 1930, as amended, authorizes CBP to identified a sufficient number of eligible weight, and information regarding the provide an administrative exemption to participants. cargo’s trip, such as trip/flight number, carrier code, point of arrival and point admit free from duty and tax shipments ADDRESSES: Prospective pilot of origin. of merchandise (other than bona-fide participants should submit an email to The Air Cargo Advance Screening gifts and certain personal and e-commercesmallbusinessbranch@ (ACAS) regulations, also issued household goods) imported by one cbp.dhs.gov. In the subject line of your pursuant to the Trade Act of 2002, person on one day having an aggregate email please indicate ‘‘Application for impose additional requirements for fair retail value in the country of Section 321 Data Pilot.’’ For information cargo arriving by air. See 19 CFR shipment of not more than $800. 19 on what information to include in the 122.48b. The ACAS regulations require U.S.C. 1321(a)(2)(C). CBP regulations email, see section II.D (Application carriers or other eligible parties to provide that, subject to the conditions in Process and Acceptance) of the transmit a subset of the data required by 19 CFR 10.153, the port director shall SUPPLEMENTARY INFORMATION heading the Trade Act of 2002 earlier in the pass free of duty and tax any shipment below. process (i.e., as soon as practicable, but of merchandise imported by one person FOR FURTHER INFORMATION CONTACT: no later than prior to loading the cargo on one day having a fair retail value in Laurie Dempsey, Director, IPR & E- into an aircraft). See 19 CFR the country of shipment not exceeding Commerce Division at 122.48b(b)(1). Pursuant to the ACAS $800, unless there is a reason to believe [email protected] or 202– regulations, air carriers must transmit the shipment is one of several lots 615–0514 and Daniel Randall, Branch the following data elements prior to covered by a single order or contract, Chief, Manifest & Conveyance Security loading: Shipper name and address, and was sent separately for the express at 202–344–3282. consignee name and address, cargo purpose of securing free entry or of SUPPLEMENTARY INFORMATION: description, total quantity, total weight, avoiding compliance with any pertinent and air waybill number. 19 CFR law or regulation. 19 CFR 10.151. I. Background and Purpose of the Pilot 122.48b(d)(1).1 Prior to the enactment of the Trade A. Current Requirements The Security and Accountability for Facilitation and Trade Enforcement Act Every Port Act of 2006 (SAFE Port Act) (TFTEA) (Pub. L. 114–125, 130 Stat. 223 CBP has broad authority to collect authorizes CBP to promulgate (Feb. 24, 2016)), the Section 321 advance data and inspect cargo crossing regulations to require the electronic exemption applied only to shipments the border for health, safety, and other transmission of additional data elements valued at less than $200. Section 901(a) risks pursuant to various statutory for improved high-risk targeting for of TFTEA amended Section 321(a)(2)(C) authorities. See, e.g., 6 U.S.C. 211(c) and cargo arriving by vessel. Public Law of the Tariff Act of 1930 to raise the de (g); 19 U.S.C. 482, 1461, 1589a, 1595a; 109–347, 120 Stat. 1884 (Oct. 13, 2006) minimis threshold from $200 to $800. see also 19 CFR 162.6. Currently, CBP (codified at 6 U.S.C. 901 note). CBP See Public Law 114–125, 130 Stat. 223 requires the electronic transmission of promulgated regulations to require (Feb. 24, 2016); 19 U.S.C. 1321(a)(2)(C). certain information relating to importers and carriers to submit This has greatly increased the number of commercial cargo prior to its arrival in additional data, in addition to the data shipments qualifying for the Section 321 the United States. Section 343(a) of the required by the Trade Act regulations, exemption. Currently, approximately Trade Act of 2002, as amended, for cargo arriving by vessels before the 1.8 million shipments a day are released authorizes CBP to promulgate cargo is brought to the United States. pursuant to Section 321. The majority of regulations, in accordance with certain See 19 CFR part 149 (the Importer these Section 321 shipments are arriving parameters, providing for the mandatory Security Filing or ISF regulations). The by air and truck. transmission of cargo information before data required by the ISF regulations the cargo is brought into or departs the differs depending on the type of C. Purpose of the Section 321 Data Pilot United States by any mode of shipment, but generally includes the CBP faces significant challenges in commercial transportation. Public Law name and address of the seller, buyer, targeting Section 321 shipments, while 107–210, 116 Stat. 933 (Aug. 6, 2002) and manufacturer or supplier, the still maintaining the clearance speeds (codified at 19 U.S.C. 1415). The consignee identifying number, the ship the private sector has come to expect. required cargo information is that which to party (the first deliver-to party This is because CBP does not receive is reasonably necessary to enable high- scheduled to receive the goods after the adequate advance information in order risk cargo to be identified for purposes goods have been released from customs to effectively and efficiently assess the of ensuring cargo safety and security custody), country of origin, Harmonized security risk of the approximately 1.8 pursuant to the laws enforced and Tariff Schedule of the United States million Section 321 shipments that administered by CBP. Accordingly, CBP (HTSUS) number, container stuffing arrive each day. promulgated regulations in title 19 of In the e-commerce environment, the Code of Federal Regulations (19 1 The above-listed data elements are mandatory in traditionally regulated parties, such as CFR) to require carriers or other eligible all circumstances. Carriers or other ACAS filers may carriers, are unlikely to possess all of also be required to transmit an additional data parties to submit certain data for cargo element, depending on the circumstances, and are the information relating to a shipment’s in advance, regardless of the mode of encouraged to transmit additional data elements. 19 supply chain. While CBP receives some transportation. See 68 FR 68140 (Dec. 5, CFR 122.48b(d). advance electronic data for Section 321

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shipments from air, rail, and truck Additionally, CBP is testing whether participating in the pilot and who has carriers (and certain other parties in the transmission of additional advance an existing point-to-point connection limited circumstances) as mandated by data, beyond the data elements with CBP to transmit the information on current regulations described above in currently required for shipments their behalf. For additional information section I.A (Current Requirements), the arriving by air, truck, or rail under the on technology requirements, see section transmitted data often does not authorities cited above in section I.A II.C (Eligibility Requirements) below. adequately identify the entity causing (Current Requirements), will enable CBP CBP will respond to the data the shipment to cross the border, the to more accurately and efficiently target transmissions with a confirmation of final recipient, or the contents of the Section 321 shipments. Pursuant to this receipt and will use the transmitted package. Consequently, CBP may not test, participants will provide information to conduct risk receive any advance information on the information that identifies the entity assessments. Risk assessment for each entity actually causing the shipment to causing the shipment to cross the shipment will be based on multiple travel to the United States, such as the border, the ultimate recipient, and the transmissions, as each transmission can seller or manufacturer. Some carriers product in the shipment with greater be from different parties providing may not have this information because specificity, in advance. CBP will test the different data elements at various stages sellers on e-commerce platforms often feasibility of using the additional data in the supply chain. Messages will be contract with other entities to act as the elements, transmitted by multiple maintained in the Automated Targeting seller. Similarly, for the consignee’s entities for a single shipment, to System (ATS). name and address, a carrier might segment risk. For example, CBP may The Section 321 Data Pilot will not transmit information for the domestic compare a picture of the product affect any current requirements and CBP deconsolidator, which will not allow (transmitted by an online marketplace) is not waiving any regulations for CBP to identify in advance of arrival, to an x-ray image of the package purposes of the pilot, including all the the final recipient of the merchandise in (transmitted by the carrier) to determine regulations pertaining to the provision the United States. With the growth of e- if the picture of the product and x-ray of advance data cited above, including commerce, shipments are increasingly image match. In sum, the pilot will the ACAS and ISF regulations. All of the subject to these complex transactions, enable CBP to determine if requiring existing Trade Act of 2002 requirements where information about the shipment additional data and involving non- and all manifest requirements continue is limited. As a result, CBP is less able regulated entities will enable CBP to to apply. Additionally, CBP will not use to effectively target or identify high-risk address the threats and complexities the information transmitted pursuant to shipments in the e-commerce resulting from the vast increase in the pilot for entry or release purposes, environment and CBP Officers must use Section 321 shipments, while and pilot participants cannot rely on additional time and resources to inspect facilitating cross-border e-commerce. information transmitted through the Section 321 shipments upon arrival. II. Description of the Section 321 Data pilot for entry or release purposes. CBP anticipates that Section 321 Pilot A. Data Elements shipments will continue to grow The Section 321 Data Pilot is a Participants in the Section 321 Data exponentially. Accordingly, CBP is voluntary test that will enable Pilot must transmit certain information initiating this voluntary Section 321 participants to electronically transmit to for any Section 321 shipments destined Data Pilot to test the feasibility of CBP certain information regarding for the United States for which the obtaining advance information from Section 321 shipments prior to the participant has information. (For regulated and non-regulated entities, shipment’s arrival in the United States. additional information on the types of such as online marketplaces, as well as CBP will use the advance information to shipments included in the pilot, see requiring additional advance data improve CBP’s ability to effectively and section II.B (Duration and Scope of the elements. Online marketplaces are efficiently identify and target high-risk Pilot)). The required data elements internet-based entities that facilitate e- shipments, including for narcotics, differ slightly depending on what entity commerce by (1) connecting third-party counter-proliferation, and health and sellers with consumers and (2) receiving safety risks. CBP will select pilot is transmitting the data. In general, the and processing payment information participants from eligible applicants required data relates to the entity from consumers, including receiving engaged in e-commerce, including initiating the shipment (e.g., the entity and processing payments on behalf of carriers, brokers, and freight forwarders, causing the shipment to cross the the third-party sellers. Online as well as online marketplaces. Further border, such as the seller, manufacturer, marketplaces generally have detailed details about the eligibility requirements or shipper), the product in the package, information regarding Section 321 and application process are provided in the listed marketplace price, and the shipments, including information section II.C (Eligibility Requirements) final recipient (e.g., the final entity to relating to the party causing the product and section II.D (Application Process possess the shipment in the United to travel to the United States, the final and Acceptance) below. States). The data elements are as recipient in the United States, and Participants in the pilot will follows. detailed descriptions and pictures of the electronically transmit certain data 1. All participants. All participants, contents of the shipment. Online elements specified below in section II.A regardless of filer type, must marketplaces may also assign sellers (Data Elements) in addition to other data electronically transmit the following with unique identifiers or develop their elements as available and at the elements: own known seller programs. This test participant’s discretion. CBP must • Originator Code of the Participant will enable CBP to assess the ability of receive the data elements prior to the (assigned by CBP) online marketplaces to transmit shipment’s arrival in the United States. • Participant Filer Type (e.g., carrier or information to CBP that enables CBP to Participants may electronically transmit online marketplace) better utilize resources used in the requested information through an • One or more of the following: inspecting and processing these existing point-to-point connection with Æ Shipment Tracking Number shipments and better understand the CBP. Alternatively, participants may Æ House Bill Number operation of online marketplaces. authorize a carrier or broker Æ Master Bill Number

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• Mode of Transportation (e.g., air, (e.g., an active and direct link to the D. Application Process and Acceptance truck, or rail) listing of a specific product on an Those interested in participating in 2. Participating carriers. In addition to online marketplace), or Enhanced the pilot should submit an email to e- the data elements listed above in Product Description (as defined in commercesmallbusinessbranch@ paragraph 1, participating carriers must Section II.A.2) cbp.dhs.gov, stating their interest and also electronically transmit the • Listed Price on Marketplace (e.g., the their qualifications based on the above following data elements: retail price of a product that a seller eligibility requirements. Online • Shipment Initiator Name and Address lists while advertising on an online marketplaces should indicate the extent (e.g., the entity that causes the marketplace. For auction to which they have information related movement of a shipment, which may marketplaces, this price is the price of to the delivery logistics of the products be a seller, shipper, or manufacturer, final sale.) sold on their website. The email should but not a foreign consolidator) Different entities may transmit also include a point of contact. The • Final Deliver to Party Name and different data elements for the same email will serve as an electronic Address (e.g., the final entity to shipment. signature of intent. CBP will accept receive the shipment once it arrives in applications from prospective pilot the United States, which may be a B. Duration and Scope of the Pilot participants at any time, including after final purchaser or a warehouse, but the pilot commences, until CBP has The pilot will begin on August 22, not a domestic deconsolidator) identified a sufficient number of eligible 2019 and operate for approximately one • Enhanced Product Description (e.g., a participants. Specifically, CBP is year. description of a product shipped to looking for pilot participants to include the United States more detailed than The pilot applies to each Section 321 one or more carriers and one or more the description on the manifest, shipment destined for the United States, online marketplaces. Applications will which should, if applicable, reflect arriving by air, truck, or rail, for which be processed in the order in which they the advertised retail description of the the selected participants have are received. Once applications are product as listed on an online information. The pilot will operate in all processed, those selected as participants marketplace) ports of entry utilized by the will be notified by email. The pilot will • Shipment Security Scan (air carriers participants for Section 321 shipments. initially be limited to 9 participants but only) (e.g., verification that a foreign The pilot does not apply to any mail CBP may expand the pilot to additional security scan for the shipment has shipments covered by 19 CFR part 145, participants in the future. been completed such as an x-ray shipments arriving by ocean, or image or other security screening shipments destined for a Foreign Trade E. Costs to Pilot Participants report) Zone. The costs of pilot participation will • vary depending on the pre-existing Known Carrier Customer Flag (e.g., an C. Eligibility Requirements indicator that identifies a shipper as infrastructures of the participants. Costs a repeat customer that has CBP is seeking participation from may include communication consistently paid all required fees and stakeholders in the e-commerce requirements, such as transmission and does not have any known trade environment, including carriers, receipt of data, as well as cost associated violations) brokers, freight forwarders, as well as with collecting the required information. Participants are 3. Participating online marketplaces. online marketplaces. There are no encouraged to keep track of the costs In addition to the data elements listed restrictions with regard to organization incurred by their participation in the above in paragraph 1, participating size, location, or commodity type. pilot. online marketplaces must electronically Additionally, online marketplaces do submit the following data elements: not need to offer delivery logistic F. Benefits to Pilot Participants services in order to participate in the • Seller Name and Address (e.g., an pilot. However, participation is limited While the benefits of participation international or domestic company to those parties with sufficient may vary, one benefit is that, where that sells products on marketplaces information technology infrastructure appropriate, CBP may expedite and other websites), and, if and support, as described below. clearances for low-risk Section 321 applicable, Shipment Initiator Name Prospective pilot participants will need shipments when sufficient test data has and Address (as defined in Section to assess whether they can fulfill the been received prior to the shipment’s II.A.2) arrival. • following eligibility requirements: Final Deliver to Party Name and • Address (as defined in Section II.A.2) Technical capability to G. Evaluation of the Pilot • Known Marketplace Seller Flag (e.g., electronically submit data to CBP and to After the end of the pilot, CBP will an indicator provided by a receive messaging responses via an evaluate the results of the pilot and marketplace that identifies a seller as existing point-to-point connection with determine whether to extend the an entity vetted by the marketplace CBP. Alternatively, participants may duration of the pilot and/or expand the and has no known trade violations) authorize a carrier or broker pilot to include additional participants. • Marketplace Seller Account Number/ participating in the pilot and who has Additionally, CBP will evaluate the Seller ID (e.g., the unique identifier a an existing point-to-point connection results of the pilot to determine whether marketplace assigns to sellers) with CBP to transmit the information on additional mandatory advance reporting • Buyer Name and Address, if their behalf. requirements are necessary in the e- applicable (e.g., the purchaser of a • Participants who establish a new commerce environment. good from an online marketplace. point-to-point connection with CBP will This entity is not always the same as need to sign an Interconnect Security III. Authority the final deliver to party.) Agreement (ISA) or amend their existing This pilot is conducted pursuant to 19 • Product Picture (e.g., picture of the ISA, if necessary, and adhere to security CFR 101.9(a), which authorizes the product presented on an online policies defined in the DHS 4300a Commissioner to impose requirements marketplace), Link to Product Listing security guide. different from those specified in the

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CBP regulations for the purposes of period expires. A proposed or paroled into the United States, and conducting a test program or procedure discontinuance of a pilot participant’s who have not affirmatively shown, to designed to evaluate the effectiveness of privileges will not take effect unless the the satisfaction of an immigration new technology or operational appeal process under this paragraph has officer, that they have been physically procedures regarding the processing of been concluded with a written decision present in the United States passengers, vessels, or merchandise. adverse to the pilot participant. continuously for the two-year period In cases of willfulness or those in IV. Privacy immediately preceding the date of the which public health, interest, or safety determination of inadmissibility. CBP will ensure that all Privacy Act so requires, the Director, Intellectual Presently, immigration officers can requirements and applicable policies are Property Rights and E-Commerce apply expedited removal to aliens adhered to during the implementation Division, Office of Trade, may encountered anywhere in the United of this pilot. immediately discontinue the pilot States for up to two years after the alien participant’s privileges upon written V. Paperwork Reduction Act arrived in the United States, provided notice to the pilot participant. The that the alien arrived by sea and the The Paperwork Reduction Act (PRA) notice will contain a description of the other conditions for expedited removal of 1995 (44 U.S.C. 3507(d)) requires that facts or conduct warranting the are satisfied. For aliens who entered the CBP consider the impact of paperwork immediate action. The pilot participant United States by crossing a land border, and other information collection will be offered the opportunity to appeal the Secretary of Homeland Security has burdens imposed on the public. The the decision within 10 calendar days of exercised his discretion under the INA PRA applies to collections of receipt of the written notice providing to permit the use of expedited removal information imposed on ‘‘ten or more for immediate discontinuance. The if the aliens were encountered by an persons.’’ This pilot will initially appeal of this determination must be immigration officer within 100 air miles include fewer than ten participants and submitted to the Executive Director, of the United States international land as such will not require an OMB control Trade Policy and Programs, Office of border and were continuously present number. If CBP expands the pilot to Trade, by emailing e- in the United States for less than 14 include ten or more persons, CBP will commercesmallbusinessbranch@ days immediately prior to that adhere to the requirements of the PRA. cbp.dhs.gov. The immediate discontinuance will encounter. The INA grants the Secretary VI. Misconduct Under the Pilot remain in effect during the appeal of Homeland Security the ‘‘sole and A pilot participant may be subject to period. The Executive Director, Trade unreviewable discretion’’ to modify at civil and criminal penalties, Policy and Programs, Office of Trade, any time the discretionary limits on the administrative sanctions, liquidated will issue a decision in writing on the scope of the expedited removal damages, or discontinuance from discontinuance within 15 working days designation. The Acting Secretary of participation in the Section 321 Data after receiving a timely filed appeal Homeland Security is exercising his Pilot for any of the following: from the pilot participant. If no timely statutory authority through this Notice (1) Failure to follow the rules, terms, appeal is received, the notice becomes to designate for expedited removal the and conditions of this pilot; the final decision of the Agency as of following categories of aliens not (2) Failure to exercise reasonable care the date that the appeal period expires. previously designated: (1) Aliens who in the execution of participant did not arrive by sea, who are Date: July 18, 2019. obligations; or encountered anywhere in the United (3) Failure to abide by applicable laws Robert E. Perez, States more than 100 air miles from a and regulations that have not been Deputy Commissioner, U.S. Customs and U.S. international land border, and who waived. Border Protection. have been continuously present in the If the Director, Intellectual Property [FR Doc. 2019–15625 Filed 7–22–19; 8:45 am] United States for less than two years; Rights and E-Commerce Division, Office BILLING CODE 9111–14–P and (2) aliens who did not arrive by sea, of Trade, finds that there is a basis for who are encountered within 100 air discontinuance of pilot participation miles from a U.S. international land privileges, the pilot participant will be DEPARTMENT OF HOMELAND border, and who have been provided a written notice proposing the SECURITY continuously present in the United States for at least 14 days but for less discontinuance with a description of the Office of the Secretary facts or conduct warranting the action. than two years. Therefore, the The pilot participant will be offered the [DHS Docket No. DHS–2019–0036] designation in this Notice (the New opportunity to appeal the decision in Designation) harmonizes the writing within 10 calendar days of Designating Aliens for Expedited authorization for aliens arriving by land receipt of the written notice. The appeal Removal with the existing authorization for of this determination must be submitted AGENCY: Office of the Secretary, aliens arriving by sea. The effect of that to the Executive Director, Trade Policy Department of Homeland Security. change will be to enhance national and Programs, Office of Trade, by ACTION: Notice. security and public safety—while emailing e-commercesmallbusiness reducing government costs—by [email protected]. SUMMARY: This Notice (this Notice) facilitating prompt immigration The Executive Director, Trade Policy enables the Department of Homeland determinations. In particular, the New and Programs, Office of Trade, will Security (DHS) to exercise the full Designation will enable DHS to address issue a decision in writing on the remaining scope of its statutory more effectively and efficiently the large proposed action within 30 working days authority to place in expedited removal, volume of aliens who are present in the after receiving a timely filed appeal with limited exceptions, aliens United States unlawfully, without from the pilot participant. If no timely determined to be inadmissible under having been admitted or paroled into appeal is received, the proposed notice sections 212(a)(6)(C) or (a)(7) of the the United States, and ensure the becomes the final decision of the Immigration and Nationality Act (INA prompt removal from the United States Agency as of the date that the appeal or the Act) who have not been admitted of those not entitled to enter, remain, or

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