[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repealed section 1435 and amended section 1434 to provide for the entry 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