[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20690]


[[Page Unknown]]

[Federal Register: August 23, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 101

 

Extension of Port Limits of Hilo and Kahului, HI

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 ports of entry of Hilo and Kahului, Hawaii. 
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 October 24, 1994.

ADDRESSES: Written comments (preferably in triplicate) may be submitted 
to 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, D.C., on regular business days between the hours of 9 a.m. 
and 4:30 p.m.

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 ports of entry of Hilo and Kahului, Hawaii.
    In the list of Customs regions, districts, and ports of entry set 
forth in Sec. 101.3(b), Customs Regulations, Hilo and Kahului are 
listed as ports of entry in the Honolulu, Hawaii, Customs District 
within the Pacific Region.

Current Port Limits of Hilo and Hawaii

    The current Customs district 32, Honolulu, includes four ports of 
entry, including Hilo on the island of Hawaii and Kahului on the island 
of Maui. The port limits of Hilo and Kahului were defined in a Bureau 
Letter issued by Customs on December 27, 1948.
    The current port limits of Hilo include only a part of the district 
of South Hilo. The exact port limits of Hilo are as follows:
    That part of the district of South Hilo, County of Hawaii, which is 
bounded on the south by the district of Puna; Bounded on the west by 
the districts of Kau and North Hilo; on the north by the Ahupuaa of 
Paukaa in the district of South Hilo; and on the east by the 
breakwater, and the sea from the west end of the breakwater to the 
shore line at the south boundary of the Ahupuaa of Paukaa.
    The port limits are also said to conform to the city limits of Hilo 
as found in the Revised Laws of Hawaii (1945), Section 6351.
    The current port of Kahului includes the seaport area of Kahului 
only. The Bureau Letter of December 27, 1948, describes the limits of 
the Port of Kahului as follows:
    Beginning at the eastern end of the west breakwater, proceeding 
along the north side of said breakwater in a westerly direction to the 
west side of Kahului Beach Road, thence along the west side of Kahului 
Beach Road in a generally southeasterly direction to its intersection 
with Main Street, and thence in a westerly direction along Main Street 
to its intersection with Pine Avenue, thence southerly along Pine 
Avenue to its intersection with Sixth Street, thence easterly along 
Sixth Street to its intersection with Puunene Avenue, thence in a 
straight line to the southeast (SP) corner of the original Kahului 
Townsite boundary, thence along said boundary in a northerly direction 
to the low water line of the shore line, thence along the shore line to 
the base of the east breakwater, thence along the north side of said 
breakwater to its end, thence across the entrance of the harbor in a 
straight line to the point of beginning.
    The description given above is out of date in that it includes two 
streets, Pine Avenue and Sixth Street, which no longer exist.

Proposed Expansion of Ports

    On the island of Hawaii, Customs currently provides service twice 
each week to locations on the south (Kona) coast of the island of 
Hawaii. Barges discharge cargo at Kawalhae. Airplanes arrive at Keahole 
Airport. (The State of Hawaii had requested that Customs establish an 
office at Keahole Airport.) Private vessels and commercial fishing 
vessels occasionally must be boarded at Honokahau. Cruise vessels are 
processed at Kailua-Kona. All of this activity takes place outside the 
port limits of Hilo and requires at least a two hour drive from Hilo. 
In order to include all potential Customs work sites within the port, 
the District Director of Honolulu suggests that the port limits of Hilo 
be expanded to include the entire island of Hawaii. Customs personnel 
would then be stationed at Keahole and would provide necessary Customs 
service on the Kona Coast of Hawaii.
    The current boundaries of the port of Kahului on the island of Maui 
are also too restrictive in that Kahului Airport is not within port 
limits. Customs also clears cargo at many locations on Maui, and it 
processes cruise vessels in Lahaina. The District Director of Honolulu 
wishes to include all of these work sites within the port by extending 
the port limits of Kahului to the entire island of Maui. An office 
would be established at Lahaina.
    Expansion of the port limits for these two islands would improve 
service to the public and make better use of staffing resources.

Proposed Port Limits

    The proposed extended limits of the port of Hilo are the entire 
island of Hawaii. The proposed extended limits of the port of Kahului 
are the entire island of Maui.
    If these proposed extensions of the ports of entry of Hilo and 
Kahului are 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 section 103.11(b), Customs Regulations 
(19 CFR 103.11(b)), on regular business days between the hours of 9:00 
a.m. and 4:30 p.m., at the Regulations Branch, Office of Regulations 
and Rulings, 1099 14th Street, NW., Suite 4000, Washington, D.C.

Authority

    This change is proposed under the authority of 5 U.S.C. 301 and 19 
U.S.C. 2, 66, and 1624.

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.

    Approved: August 10, 1994
George J. Weise,
Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-20690 Filed 8-22-94; 8:45 am]
BILLING CODE 4820-20-P