[Federal Register Volume 59, Number 88 (Monday, May 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11004]


[[Page Unknown]]

[Federal Register: May 9, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 4 and 123

[T.D. 94-44]
RIN 1515-AB41

 

Small Vessel Reporting of Arrival in Miami District

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

ACTION: Final rule.

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SUMMARY: This document removes a section of the Customs Regulations 
which sets forth special requirements for the report of arrival by 
operators of small vessels whose intended destination is at a point 
within the Miami, Florida, Customs District. As a result of this 
change, such small vessels will be subject to the reporting 
requirements applicable to vessels in general as prescribed by statute 
and elsewhere in the Customs Regulations. The change will confer a 
benefit on the public by doing away with procedural requirements which 
have proven to be cumbersome and inconvenient.

EFFECTIVE DATE: May 9, 1994.

FOR FURTHER INFORMATION CONTACT: Greg Burns, Office of Inspection and 
Control (202-927-0381).

SUPPLEMENTARY INFORMATION:

Background

    On November 16, 1988, T.D. 88-71 was published in the Federal 
Register (53 FR 46081) to adopt, as a final rule, interim amendments to 
Part 4 of the Customs Regulations (19 CFR part 4) which included, inter 
alia, the addition of a new Sec. 4.2a (19 CFR 4.2a) setting forth 
special requirements for the report of arrival by operators of small 
vessels whose intended destination is at a point within the Miami, 
Florida, Customs District. Section 4.2a was adopted as part of Customs 
continuing efforts to prevent smuggling, or other introduction contrary 
to law, of controlled substances and other merchandise and to enforce 
the currency reporting laws.
    Under Sec. 4.2a, an operator of a small vessel (defined as any 
vessel of less than 5 net tons, or any private pleasure vessel 
regardless of displacement) arriving from a foreign port or place, as 
defined therein, with an intended destination at a point within the 
limits of the Miami Customs District must immediately report the 
arrival, by use of a special clearly marked Customs telephone provided 
for that purpose at that location designated by Customs which is 
nearest to the vessel destination point, before proceeding to that 
destination point; the background portion of T.D. 88-71 listed 24 small 
vessel reporting stations designated by Customs but further stated that 
the District Director of Customs in Miami would retain authority to 
change the reporting locations. Section 4.2a also specifies the civil 
and criminal penalties that may be applied to the master or person in 
charge of a vessel who fails to report arrival as required under that 
section.
    Experience with the operation of Sec. 4.2a since publication of 
T.D. 88-71 has demonstrated that the reporting procedures set forth in 
the regulation are unnecessarily cumbersome and otherwise inconvenient 
for the general public. In this regard, Customs notes the following 
specific problems with the Sec. 4.2a reporting requirements: (1) The 
number of private vessel arrivals in the Miami District exceeds the 
ability of the telephone reporting system to accommodate the calls in a 
timely manner, with the result that vessel operators sometimes must 
wait for more than an hour before getting through to the Customs 
office; and (2) private marinas, which constitute the majority of the 
designated reporting stations, have experienced economic hardship, 
particularly on busy weekends, because vessels trying to report occupy 
dock space to the exclusion of other private vessels wishing to do 
business at the marina. Customs believes that these problems are 
sufficiently significant as to warrant removal of Sec. 4.2a.
    Customs notes that removal of Sec. 4.2a, which is primarily 
procedural in effect, will not have any substantive effect on the basic 
vessel reporting requirement and the enforcement thereof by Customs. In 
this regard it is noted that on December 21, 1993, Customs published in 
the Federal Register (58 FR 67312) T.D. 93-96 setting forth, as a final 
rule effective on the date of publication, amendments to the Customs 
Regulations concerning reporting requirements for vessels, vehicles and 
individuals. Included in T.D. 93-96 were: (1) A revised Sec. 4.2(a) 
which provides, inter alia, that, upon arrival of any vessel from a 
foreign port or place, the master of the vessel shall immediately 
report that arrival to the nearest Customs facility or other location 
designated by the district director; (2) transferral of the definition 
of ``foreign port or place'' from Sec. 4.2a to a new Sec. 4.2(b); and 
(3) a new Sec. 4.3a setting forth a general recitation of the penalties 
for violation of vessel reporting and entry requirements. Accordingly, 
while removal of Sec. 4.2a will eliminate the burden on the public 
occasioned by the special reporting procedures contained in that 
regulatory provision, the basic legal responsibilities of operators of 
small vessels will remain unchanged: Under Sec. 4.2(a) they will still 
have to immediately report to Customs upon arrival from a foreign port 
or place, and they will remain liable for civil and criminal penalties 
for a failure to do so as outlined in Sec. 4.3a.
    In addition to the removal of Sec. 4.2a, this document contains 
consequential cross-reference amendments to Sec. 4.2(a) and to 
Sec. 123.1(c) which was also revised by T.D. 93-96 as discussed above.

Inapplicability of Notice and Delayed Effective Date Requirements

    Because these amendments confer benefits by reducing burdens and 
relieving restrictions on the public, pursuant to 5 U.S.C. 553(b)(B), 
notice and public procedures are unnecessary, and for the same reasons, 
pursuant to 5 U.S.C. 553(d) (1) and (3), a delayed effective date is 
not required.

Executive Order 12866

    This document does not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

Regulatory Flexibility Act

    Since this document is not subject to the notice and public 
procedure requirements of 5 U.S.C. 553, it is not subject to the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Drafting Information

    The principal author of this document was Francis W. Foote, Office 
of Regulations and Rulings, U.S. Customs Service. However, personnel 
from other offices participated in its development.

List of Subjects

19 CFR Part 4

    Customs duties and inspection, Harbors, Imports, Maritime carriers, 
Merchandise, Reporting and recordkeeping requirements, Vessels, Yachts.

19 CFR Part 123

    Canada, Customs duties and inspection, Imports, International 
boundaries, Mexico, Reporting and recordkeeping requirements, Vessels.

Amendments to the Regulations

    For the reasons stated above, parts 4 and 123, Customs Regulations 
(19 CFR parts 4 and 123) are amended as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

    1. The general authority citation for part 4 and the specific 
authority citation for Sec. 4.2 are revised to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624; 
46 U.S.C. App. 3, 91;
* * * * *
    Section 4.2 also issued under 19 U.S.C. 1441, 1486;
* * * * *


Sec. 4.2  [Amended]

    2. In Sec. 4.2, paragraph (a) is amended by removing from the 
second sentence the words ``prescribed in Sec. 4.2a of this part, or 
as''.


Sec. 4.2a  [Removed]

    3. Section 4.2a is removed.

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

    1. The general authority citation for part 123 is revised, and the 
specific authority citation for Sec. 123.1 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 17, Harmonized 
Tariff Schedule of the United States), 1431, 1433, 1624;

    Section 123.1 also issued under 19 U.S.C. 1459.
* * * * *


Sec. 123.1  [Amended]

    2. In Sec. 123.1, paragraph (c) is amended by removing the words 
``see Secs. 4.2 and 4.2a'' and adding, in their place, the words ``see 
Sec. 4.2''.
Michael H. Lane,
Acting Commissioner of Customs.

    Approved: April 15, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-11004 Filed 5-6-94; 8:45 am]
BILLING CODE 4820-02-P