[Federal Register Volume 63, Number 99 (Friday, May 22, 1998)] [Notices] [Pages 28450-28451] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-13715] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Customs Service Public Meetings in New Orleans and Houston on Vessel Entrance and Clearance Procedures AGENCY: U.S. Customs Service, Department of the Treasury. ACTION: Notice of public meetings. ----------------------------------------------------------------------- SUMMARY: The United States Customs Service will be holding two public meetings regarding a recent policy determination regarding the entrance and clearance requirements for vessels and aircraft servicing offshore operations beyond the territorial waters of the United States. One meeting will be held in New Orleans, Louisiana, and the other will be held in Houston, Texas. This document announces the dates, times and other particulars of the meetings. Questions which one wishes to have addressed at the meetings may be communicated in writing to Customs Headquarters prior to the meetings. DATES: The meetings will be held at the following dates and times: For the Houston meeting: June 15, 1998, from 1:00 p.m. until 4:00 p.m. For New Orleans meeting: June 17, 1998, from 1:00 p.m. until 4:00 p.m. For submitted written comments to be addressed at meetings: Comments must be received no later than the close of business June 1, 1998. ADDRESSES: The meetings will be held at the following locations: For the Houston meeting: Port of Houston Authority Main Office Bldg., 111 East Loop North, First Floor Training Room, Houston, Texas. For the New Orleans meeting: New Orleans Customshouse, 423 Canal Street, Room 223, New Orleans, Louisiana. Written comments should be submitted to: Office of Field Operations, Trade Compliance, Attn: William Scopa, U.S. Customs Service, 1300 Pennsylvania Avenue, Washington, D.C. 20229, or faxed to the attention of William Scopa at (202) 927-1356. FOR FURTHER INFORMATION CONTACT: Regarding questions about attending the Houston meeting: please call (281) 985-6700. Regarding questions about attending the New Orleans meeting: please call (504) 670-2391. For information regarding the entrance and clearance requirements: for operational or policy concerns: contact William Scopa at (202) 927- 3112; for regulatory issues: contact Larry Burton at (202) 927-1287. SUPPLEMENTARY INFORMATION: Background Recently, there has been concern regarding uniform Customs enforcement of the report of arrival requirements set forth in 19 U.S.C. 1433 for any vessel which has received merchandise while outside of the territorial seas; the formal entry requirements set forth in 19 U.S.C. 1434 for any vessel which has delivered or received merchandise while outside the territorial seas; and the corresponding clearance statute, 46 U.S.C. App. 91. The concern is also applicable, through 19 U.S.C. 1644, to enforcement of the report of arrival requirements, formal entry requirements and clearance requirements for aircraft receiving and delivering merchandise while outside the territorial seas. A policy determination by the Customs Service regarding its interpretation of these statutory requirements has had a substantial impact on both Customs and the trade. Much of the concern resulted from an interpretation by the Customs Service which exempted vessels and aircraft transporting vessel supplies, bunkers, parts, equipment and crew, out beyond the territorial sea from entrance and clearance requirements. This interpretation applied not only to such transactions involving the delivery or receipt of the mentioned items to fixed-site oil rigs, but to non-fixed vessels as well. Customs reexamined the pertinent statutes and determined that the exemptions for the delivery or receipt of vessel supplies, bunkers, parts, equipment and crew to non-fixed vessels located beyond the territorial sea cannot be sustained. It became necessary to immediately implement the suspension of this exemption. The pertinent statutes are clear and unambiguous and it would not be proper for Customs to delay their uniform enforcement. Customs still, however, holds that vessels or aircraft delivering or receiving goods or passengers to or from fixed-site rigs are not subject to entrance and clearance requirements unless unentered foreign goods are involved in the transportation. Such an interpretation is consistent with the Outer Continental Shelf Lands Act. Customs recognizes the fact that there has been an increase in commerce involving vessels and aircraft supplying necessary goods and services to numerous domestic and foreign commercial operations just beyond our territorial waters, especially in the Gulf of Mexico. Customs is contemplating providing for less burdensome entry and clearance procedures for vessels and aircraft engaged in these types of activities within the boundaries of the law. Before beginning such procedures, Customs believes it would be beneficial both to the government and to private entities to hold public meetings on this issue to allow all interested parties an opportunity to be heard. The public forums will provide Customs with the opportunity to fully explain the extent of the recent policy determination. Since the impact of the Customs policy is most heavily felt by ports in the Gulf of Mexico, public meetings will be held at the ports of New Orleans, Louisiana, and Houston, Texas. At the meetings, personnel from Customs Headquarters will be available to answer questions regarding the applicability of the laws and to discuss the possibility of modifying vessel and aircraft entrance and clearance procedures. Questions relating to the entrance and clearance requirements under the new policy may be sent to Customs prior to the meetings. Such questions should be sent to Customs at the address or fax number set forth at the beginning of this document, and must be received no later than the close of business on June 1, 1998, in order to be addressed at the meetings. Space at the meetings will be limited. Attendance will be accommodated on a first-come basis. [[Page 28451]] Dated: May 19, 1998. Robert S. Trotter, Assistant Commissioner. Office of Field Operations. [FR Doc. 98-13715 Filed 5-21-98; 8:45 am] BILLING CODE 4820-02-P