[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: 94-11005]
[[Page Unknown]]
[Federal Register: May 9, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 101
Extension of Port Limits of Morgan City, Louisiana
AGENCY: U. S. Customs Service, Department of the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend the Customs Regulations
pertaining to the field organization of Customs by extending the
geographical limits of the port of entry of Morgan City, Louisiana. The
proposed change is being made as part of Customs continuing program to
obtain more efficient use of its personnel, facilities, and resources
and to provide better service to carriers, importers, and the general
public.
DATES: Comments must be received on or before July 8, 1994.
ADDRESSES: Written comments (preferably in triplicate) may be submitted
to and inspected at the Regulations Branch, Office of Regulations and
Rulings, U. S. Customs Service, 1301 Constitution Avenue NW.,
Washington, D.C. 20229. Comments submitted may be inspected at the
Regulations Branch, Office of Regulations and Rulings, 1099 14th Street
NW., suite 4000, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Brad Lund, Office of Inspection and
Control, (202) 927-0192.
SUPPLEMENTARY INFORMATION:
Background
As part of a continuing program to obtain more efficient use of its
personnel, facilities, and resources, and to provide better service to
carriers, importers, and the general public, Customs proposes to amend
Sec. 101.3, Customs Regulations (19 CFR 101.3), by extending the
geographical limits of the port of entry of Morgan City, Louisiana.
In the list of Customs regions, districts, and ports of entry set
forth in Sec. 101.3(b), Customs Regulations, Morgan City is listed as a
port of entry in the New Orleans, Louisiana, Customs District within
the South Central Region.
Previous Development of Port
The Morgan City port of entry was originally established by T. D.
54682 (published in the Federal Register on September 16, 1958, 23 FR
7131) with specific geographical limits which may be described
generally as encompassing the southeastern one-third of St. Mary Parish
and including the town of Morgan City where the office of the Customs
Port Director is currently located. The geographical limits of the
Morgan City port of entry were republished without a change in
connection with a restatement of all New Orleans Customs district port
boundaries in T. D. 84-126 (published in the Federal Register on May
31, 1984, 49 FR 22629).
In addition, in Sec. 101.4, Houma, Louisiana (located within
Terrebonne Parish), and Galliano, Louisiana (located within Lafourche
Parish) were listed as Customs stations within the New Orleans Customs
District and under the supervision of the Morgan City port of entry.
Customs stations are defined in Sec. 101.1(d), Customs Regulations, as
``any place, other than a port of entry, at which Customs officers or
employees are stationed * * *'' for the purpose of entering and
clearing vessels, accepting entries of merchandise, collecting duties,
and enforcing the various provisions of the Customs and navigation laws
of the United States. Thus, Customs stations are by definition located
outside the limits of a port of entry, and Customs services are
normally provided to the public at Customs stations on a reimbursable
basis.
The Morgan City port of entry was established primarily to provide
vessel documentation (now the function of the United States Coast
Guard) in southwest Louisiana, and for a number of years after creation
of the port of entry most Customs functions could be adequately carried
out within the port limits as originally established by T. D. 54682.
The Customs workload increased significantly in both volume and
geographical scope, with the result that the majority of Customs
service provided by the Morgan City port of entry took place outside
the port limits, extending to Iberia Parish to the west of St. Mary
Parish and, on the east, to the parishes of Terrebonne and Lafourche
and the town of Grand Isle in Jefferson Parish.
Iberia Parish received foreign steel shipments by LASH-type barge
and had a livestock export facility at its airport. International trade
activities, including the construction of warehousing and other support
facilities, were on the increase in both Iberia Parish and in the
western portion of St. Mary Parish.
Terrebonne and Lafourche Parishes included four major shipyards
where vessel construction and drydock repairs took place and where
Customs clearance was required in connection with vessels arriving for
repairs. Approximately 20 additional vessel arrivals took place each
month at docking facilities along the Intracoastal Waterway within
these 2 parishes.
In addition, Port Fourchon, located in Lafourche Parish, served as
a hub for helicopter and service launch traffic to lightering vessels
and tankers at the Louisiana Offshore Oil Port (LOOP) supertanker
unloading terminal, resulting in approximately 100 helicopter and 45
service launch clearances by Customs each month in addition to the
Customs services rendered in connection with the approximately 270
tanker arrivals at the LOOP each year. Port Fourchon was also used as a
base for foreign-flag research vessels and derrick barges operating in
the Gulf of Mexico, and vessels carrying containerized and other cargo
from foreign countries arrived at Port Fourchon on a weekly basis.
Finally, the town of Grand Isle was the home port for a large
number of private seagoing vessels which were required to report to
Customs upon arrival from any foreign port or place. Customs services
in connection with all of these activities were provided by personnel
assigned to the Morgan City port of entry.
Based on the Customs workload pattern described above, by a final
rule document published in the Federal Register on April 21, 1993 (58
FR 21350), Customs extended the limits of the Morgan City port of entry
by including all territory within the parishes of Iberia, St. Mary,
Terrebonne, and Lafourche, as well as the incorporated limits of the
town of Grand Isle in Jefferson Parish and that portion of the state
highway which connects Grand Isle to Lafourche Parish.
Customs believes that the extension discussed above provided
significant benefits to both Customs and the public. Extension of the
port limits enabled Customs to move the office of the Port Director to
Galliano in Lafourche Parish, which was more centrally located given
the workload. The relocation increased the efficiency and productivity
of the Port Director's office by reducing the time and effort required
for travel and transportation of documents between the office and other
locations within the extended port of entry, by enabling the Port
Director to more effectively administer outside assignments and oversee
other port details, and by streamlining Customs duty and other
collection procedures. This increase in Customs efficiency and
productivity had corresponding benefits for the public by enabling
Customs to be more responsive to the needs of the trade community. In
addition, by extending the port entry limits to include areas formerly
serviced by Customs on a reimbursable basis, the proposal reduced the
operating costs of private sector recipients of those services and led
to an improvement in the overall prospects for increased international
trade in the area covered by the new port of entry limits.
Current Proposed Expansion
During the comment period for the previous expansion of the port of
Morgan City, it was suggested that the port limits be further expanded
to include Lafayette Parish. Inasmuch as this suggestion was not part
of the notice of proposed rulemaking published in the Federal Register
for public comment on June 16, 1992 (57 FR 26806), Customs believed
that such an additional expansion should be handled under separate
notice and comment procedures, and it so advised the public in the
final rule.
Customs is now proposing to further expand the port of Morgan City
to include Lafayette Parish.
The Louisiana political community has shown considerable support
for and interest in this latest expansion. Customs South Central Region
and its New Orleans District strongly support this proposed expansion
and feel confident that the challenges of this expansion can be met.
Some of the local organizations strongly in favor are the Lafayette
City and Parish Councils, the Greater Lafayette Chamber of Commerce,
the Lafayette Airport Commission, the Lafayette Economic Development
Authority, the Lafayette Region Airport, and the Lafayette LeCentre
Internationale.
Many of the reasons cited for the recent expansion of the port of
Morgan City hold true for the proposed inclusion of Lafayette Parish.
It was inadvertent not to have included Lafayette, the only Acadiana
parish omitted, in the previous boundary change. The Greater Lafayette
Chamber of Commerce states that Lafayette has traditionally been called
the heart of Acadiana.
Several sources stated that the addition of Lafayette Parish would
complement the current international trade activities in the parishes
of Iberia, St. Mary, Terrebonne, and Lafourche and the town of Grand
Isle, thus providing an economic boost to southern Louisiana. The area
of Lafayette Parish is not large, but the city of Lafayette has a
population of over 100,000, making it a significant population center.
Lafayette Parish is adjacent to Iberia Parish, which currently
represents the northwest limit of the port of entry.
Lafayette Parish is known as one of the largest centers of trade in
southern Louisiana. The Lafayette Regional Airport, where the majority
of Customs services will be performed, is the largest airport in the
Acadiana area.
It is only twelve miles from the Iberia parish line, which is the
current western boundary of the port of Morgan City. Lafayette Parish's
inclusion in the international port of entry would provide a boost to
the economy of southern Louisiana. It would reduce the operating costs
of recipients of Customs services, thereby greatly improving prospects
for international trade. It is our understanding that the Greater
Lafayette Chamber of Commerce intends to establish an expanded freight
trade to and from points south of the United States border--i.e.,
Central and South America.
The added area that Lafayette Parish would bring to the port is
minimal and would not create an excessive burden on services already
being provided. The port of Morgan City is staffed by a Port Director,
two Customs Inspectors, and an Inspection Aide. The staff currently
operates out of two offices, one in the town of Morgan City and the
other in the town of Galliano. There is a need for an office on the
western boundary, and such an office would be provided at the Lafayette
Regional Airport Facility free of charge if this expansion is approved.
Initially, work assignments would be on an as-needed basis with
actual workload determining permanent staffing requirements. Inspectors
assigned to the Lafayette Airport would be in an excellent position to
provide service to the ports in Iberia, West St. Mary, and Morgan City.
It would be closer to dispatch an inspector to those locations from
Lafayette than from the port office in Galliano.
It would also reduce the operating costs of recipients of Customs
services, thereby greatly improving prospects for international trade.
The port expansion would enable Customs to service the proposed points
of entry without establishing separate port administrations.
Proposed Extended Port Limits
The proposed extended geographic limits of the Morgan City port of
entry are as follows: In the State of Louisiana: All of the territory
within the Parishes of Iberia, Lafayette, Lafourche, St. Mary, and
Terrebonne; the Corporate limits of the town of Grand Isle; and that
portion of the right-of-way pertaining to State Highway 1 extending in
a northeasterly direction from the Lafourche Parish and Jefferson
Parish boundary line to the corporate limits of the town of Grand Isle.
If this proposed extension of the Morgan City port of entry limits
is adopted, the list of Customs regions, districts and ports of entry
in 19 CFR 101.3(b) will be amended accordingly.
Comments
Prior to adoption of this proposal, consideration will be given to
written comments timely submitted to Customs. Submitted comments 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, Office of Regulations and
Rulings, 1099 14th Street, NW., suite 4000, Washington DC.
Authority
This change is proposed under the authority of 5 U.S.C. 301 and 19
U.S.C. 2, 66, and 1624.
The Regulatory Flexibility Act and Executive Order 12866
Customs routinely establishes, expands, and consolidates Customs
ports of entry throughout the United States to accommodate the volume
of Customs-related activity in various parts of the country. Thus,
although this document is being issued with notice for public comment,
because it relates to agency management and organization, it is not
subject to the notice and public procedure requirements of 5 U.S.C.
553. Accordingly, this document is not subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Agency organization
matters such as this proposed port extension are exempt from
consideration under Executive Order 12866.
Drafting Information
The principal author of this document was Janet L. Johnson,
Regulations Branch. However, personnel from other offices participated
in its development.
Samuel H. Banks,
Acting Commissioner of Customs.
Approved: April 16, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-11005 Filed 5-6-94; 8:45 am]
BILLING CODE 4820-02-P