[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2622]


[[Page Unknown]]

[Federal Register: February 4, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 4

 

Definition of ``Passenger'' for Purpose of the Coastwise Laws

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Withdrawal of proposed changes of position.

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SUMMARY: This document withdraws proposed changes of position with 
respect to the definition of the term ``passenger'' for purpose of the 
coastwise passenger statute. Customs has concluded that it is not 
appropriate to change its position at this time inasmuch as it will 
consider changing the definition of passenger contained in 19 CFR 
4.50(b) as part of a proposed revision to 19 CFR part 4 which will 
occur as a result of the recent enactment of title VI of the North 
American Free Trade Agreement Implementation Act the ``Customs 
Modernization Act'').

EFFECTIVE DATE: February 4, 1994.

FOR FURTHER INFORMATION CONTACT: Gerry O'Brien, Office of Regulations 
and Rulings, Carrier Rulings Branch, 202-482-6940.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 1991, Customs published a notice in the Federal 
Register (56 FR 40283) proposing to change its position with respect to 
the definition of ``passenger'' for purposes of the coastwise passenger 
statute (46 U.S.C. App. 289). Customs stated that it was considering 
the revocation of its position that: (a) Persons transported free of 
charge as an inducement for patronage or good will are not passengers; 
and (b) persons transported free of charge who are less than 
substantially connected with the operation, navigation, ownership, or 
business of a vessel are not passengers. The effect of these proposed 
changes of position would have been that persons considered to be 
passengers as a result of the changes could not have been transported 
between coastwise points or in the coastwise trade unless they were 
transported in United States coastwise-qualified vessels.
    The proposed changes of position would not have effected any actual 
change to the specific wording of the definition of passenger contained 
in 19 CFR 4.50(b). Customs will consider proposing an amendment to the 
definition of passenger in 19 CFR 4.50(b) as part of a proposed 
revision to its vessel regulations which Customs expects will occur as 
a result of the recent enactment of title VI of the North American Free 
Trade Agreement Implementation Act (Public Law 103-182; the ``Customs 
Modernization Act''). In view of the enactment of the Customs 
Modernization Act, and the many regulatory changes which will occur as 
a result, Customs believes that it is not appropriate to go forward 
with the proposed changes of position at this time. Accordingly, the 
proposal is withdrawn.
George J. Weise,
Commissioner of Customs.
    Approved: December 30, 1993.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-2622 Filed 2-3-94; 8:45 am]
BILLING CODE 4820-02-P