[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6284]
[[Page Unknown]]
[Federal Register: March 18, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 4
RIN 1515-AB37
Preliminary Vessel Entry and Permits to Lade and Unlade
AGENCY: Customs Service, Department of the Treasury.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the Customs Regulations
regarding the preliminary entry of vessels arriving in ports of the
United States and the granting of permits for the lading and unlading
of merchandise from those vessels. It is intended that the Customs
Regulations regarding this subject accurately reflect recent amendments
to the underlying statutory authority, enacted as part of the Customs
Modernization Act.
DATES: Comments must be received on or before April 18, 1994.
ADDRESSES: Written comments (preferably in triplicate) may be addressed
to the Regulations Branch, Franklin Court, U.S. Customs Service, 1301
Constitution Avenue, NW., Washington, DC 20229, and may be inspected at
Franklin Court, 1099 14th Street, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: James Finnegan, Office of Inspection
and Control, 202-927-0510 (operational matters), or Larry L. Burton,
202-482-6940 (legal matters).
SUPPLEMENTARY INFORMATION:
Background
On December 8, 1993, amendments to certain Customs and navigation
laws became effective as the result of the President signing Public Law
103-182, Title VI of which is popularly known as the Customs
Modernization Act (the Act). Sections 653 and 656 of the Act
significantly amend the statutes governing the entry and the lading and
unlading of vessels in the United States. These operations are
governed, respectively, by sections 434 and 448 of the Tariff Act of
1930, as amended (19 U.S.C. 1434 and 1448).
Prior to the subject amendments, the entry of vessels of the United
States and vessels of foreign countries had been governed by separate
statutes (19 U.S.C. 1434 and 1435), neither of which included elements
concerning preliminary vessel entry or the boarding of vessels. The Act
repealed section 1435 and amended section 1434 to provide for the entry
of American and foreign-documented vessels under the same statute.
Additionally, the amended section 1434 now provides authority for the
promulgation of regulations regarding preliminary vessel entry, and
while neither mandating boarding for all vessels nor specifying that
optional boarding must be accomplished at any particular stage of the
vessel entry process, the amended law does require that a sufficient
number of vessels be boarded to ensure compliance with the laws
enforced by the Customs Service.
Section 1448 had previously linked the granting of preliminary
vessel entry to a mandatory boarding requirement and the physical
presentation of manifest documents to the Customs boarding officer. The
amended section 1448 no longer contains provisions regarding
preliminary vessel entry, vessel boarding, or manifest presentation,
matters which are now provided for in other statutes. Section 1448 now
states that Customs may electronically issue permits to lade or unlade
merchandise, pursuant to an authorized data interchange system.
The regulations which implement the statutory authority for the
granting of preliminary vessel entry and the issuance of permits to
lade and unlade merchandise are contained in Secs. 4.8 and 4.30 of the
Customs Regulations (19 CFR 4.8 and 4.30). These provisions still
contain mandatory boarding and physical document presentation
requirements, and of course do not include any reference to the new
electronic permit issuance option. This document proposes to amend
Secs. 4.8 and 4.30 in order to properly implement the amended statutory
authority.
Comments
Before adopting this proposal, consideration will be given to any
written comments [preferably in triplicate] that are timely submitted
to Customs. Comments submitted will be available for public inspection
in accordance with the Freedom of Information Act (5 U.S.C. 552),
Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and
Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular
business days between the hours of 9 a.m. and 4:30 p.m. at the
Regulations Branch, U.S. Customs, Franklin Court, suite 4000, 1099 14th
Street, NW., Washington, DC.
Regulatory Flexibility Act
1. For the reasons stated in the preamble, pursuant to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), it
is certified that, if adopted, the proposed amendments will not have a
significant economic impact on a substantial number of small entities.
Accordingly, they are not subject to the regulatory analysis or other
requirements of 5 U.S.C. 603 and 604.
Executive Order 12866
This document does not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
Drafting Information
The principal author of this document was Larry L. Burton, Carrier
Rulings Branch, U.S. Customs Service. However, personnel from other
Customs offices participated in its development.
List of Subjects in 19 CFR Part 4
Customs duties and inspection, Reporting and recordkeeping
requirements, Vessels.
Proposed Amendments
It is proposed to amend part 4, Customs Regulations (19 CFR part
4), as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
1. The general authority citation for part 4, Customs Regulations
(19 CFR part 4) and the relevant specific authority citation for
Sec. 4.8 and 4.30 (19 CFR 4.8 and 4.30) continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1624; 46 U.S.C. App. 3;
* * * * *
Section 4.8 also issued under 19 U.S.C. 1448, 1486;
* * * * *
Section 4.30 also issued under 19 U.S.C. 288, 1433, 1446, 1448,
1450-1454, 1490;
* * * * *
2. It is proposed to revise Sec. 4.8, Customs Regulations, to read
as follows:
Sec. 4.8 Preliminary Entry.
Preliminary entry allows a U.S. or foreign vessel arriving under
circumstances which require it to formally enter, to discharge cargo,
passengers, or baggage prior to making formal entry. The granting of
preliminary entry may be accomplished electronically pursuant to an
authorized electronic data interchange system, or by other means of
communication approved by the Customs Service. Preliminary entry must
be made in compliance with Sec. 4.30 of this part. The granting of
preliminary vessel entry by the Customs Service may be conditioned upon
the presentation of a completed Customs Form 1300 (Master's Certificate
on Preliminary Entry) to Customs during discretionary vessel boarding,
or upon the filing with Customs of a Customs Form 1300 or its
equivalent by electronic or other means in instances where vessels are
not boarded.
3. It is proposed to amend Sec. 4.30 (a), Customs Regulations by
removing the period at the end of the introductory text and adding the
words ``or electronically pursuant to an authorized electronic data
interchange system or other means of communication approved by the
Customs Service.''
4. It is proposed to amend Sec. 4.30(b) by adding after the phrase
``Customs Form 3171,'' the words `` or electronically pursuant to an
authorized electronic data interchange system or other means of
communication approved by the Customs Service,''.
George J. Weise,
Commissioner of Customs.
Approved: February 28, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-6284 Filed 3-17-94; 8:45 am]
BILLING CODE 4820-02-P