[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Rules and Regulations]
[Pages 51363-51364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25151]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 101

[T.D. 96-68]


Customs Service Field Organization--Corpus Christi, Freeport and 
Port Lavaca-Point Comfort, Texas as Ports of Entry

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

ACTION: Final rule; technical correction.

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SUMMARY: This document corrects an error in the Customs Regulations 
regarding the listing of ports of entry in the State of Texas as the 
listing does not reflect the proper status of Corpus Christi, Freeport 
and Port Lavaca-Point Comfort as separate ports of entry. This 
technical correction has no operational impact, since all three of 
these locations have consistently operated as separate ports of entry, 
notwithstanding the technical error in the Customs Regulations.

EFFECTIVE DATE: October 2, 1996.

FOR FURTHER INFORMATION CONTACT:
Harry Denning, Office of Field Operations, Resource Management 
Division, (202) 927-0196.

SUPPLEMENTARY INFORMATION: 

Background

    It has come to the attention of the Customs Service that the 
listing of the ports of entry in the State of Texas in Sec. 101.3, 
Customs Regulations (19 CFR 101.3) does not reflect the proper status 
of Corpus Christi, Freeport and Port Lavaca-Point Comfort as separate 
ports of entry.
    When Customs amended its regulations in T.D. 95-77, published in 
the Federal Register (60 FR 50008) on September 27, 1995, to reflect 
Customs new organizational structure, the listing of Customs ports of 
entry in Sec. 101.3 was redrafted, for ease of reference, to list the 
ports of entry by State. Previously, the listing of ports was organized 
by districts and regions. Districts and regions were eliminated in 
Customs new organizational structure set forth in T.D. 95-77.
    Despite the fact that the port description of the Houston-Galveston 
consolidated port in T.D. 95-77 merely reiterated a previously 
published description of the port (with minor editorial changes), the 
new method of listing the ports of entry in Sec. 101.3 set forth in 
T.D. 95-77 first brought to the attention of certain readers of the 
Customs Regulations that Corpus Christi, Freeport and Port Lavaca-Point 
Comfort, Texas, were not listed as separate ports of entry, but were 
included within the consolidated port of entry of Houston-Galveston. 
Corpus Christi, Freeport and Port Lavaca-Point Comfort have 
consistently operated as separate ports, with separate port codes.
    Research reveals that the incorrect description of the Houston-
Galveston port stems from an earlier punctuation error--periods were 
inadvertently converted to commas--in the regulations by T.D. 83-209, 
published in the Federal Register (48 FR 45538) on October 6, 1983. 
This typographical error has been carried forward in each volume of the 
regulations since that date. T.D. 83-209, the purpose of which was to 
reflect a 1983 reorganization of Customs field organization, was 
intended to have no effect on services provided by Customs. However, 
because of the punctuation errors, Corpus Christi, Freeport and Port 
Lavaca-Point Comfort appeared as part of the description of the 
Houston-Galveston port of entry rather than as separate port of entry 
listings under the Houston-Galveston district.
    Further research reveals that this listing was in error because 
when the districts and ports of Galveston and Houston were consolidated 
in 1981 pursuant to T.D. 81-160, the port limits of the consolidated 
port of entry of Houston and Galveston were set forth to encompass 
Galveston, including Port Bolivar and Texas City, Texas, and the area 
within the present Houston, Texas limits including territory described 
in T.D. 54409. Corpus Christi, Freeport and Port Lavaca-Point Comfort 
were listed as separate ports of entry in the Houston-Galveston 
consolidated district in T.D. 81-160. It is noted that the port limits 
of the consolidated port of Houston-Galveston were later amended by 
T.D. 82-15, but that change also did not affect Corpus Christi, 
Freeport or Port Lavaca-Point Comfort.
    In accordance with the above discussion, in this document, Customs 
is correcting the listing of the ports of entry in the State of Texas 
in Sec. 101.3 of the Customs Regulations to accurately reflect that 
Corpus Christi, Freeport and Port Lavaca-Point Comfort, which have 
consistently operated as separate ports of entry with separate port 
codes, are indeed separate ports of entry, outside the Houston-
Galveston consolidated port of entry.

Regulatory Flexibility Act, Executive Order 12866, Inapplicability of 
Public Notice and Comment Requirements, and Delayed Effective Date 
Requirements

    Inasmuch as this document relates to agency management, merely 
corrects a typographical error and has no operational impact, it is not 
subject to the notice and public procedure requirements or the delayed 
effective date requirements of 5 U.S.C. 553. Because the document 
relates to agency management and organization and is not subject to 
notice and public comment, the document is not subject to the 
regulatory analysis or other requirements of 5 U.S.C. 603 or 604. 
Agency organization matters such as this are exempt from Executive 
Order 12866.

List of Subjects in Part 101

    Customs duties and inspection, Harbors, Organization and functions 
(Government agencies), Seals and insignia, Vessels.

Amendments to the Regulations

    For the reasons set forth in the preamble, part 101 of the Customs 
Regulations (19 CFR part 101) is amended as set forth below:

PART 101--GENERAL PROVISIONS

    1. The general authority citation for part 101 and the relevant 
specific authority citation continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 20, 
Harmonized Tariff Schedule of the United States), 1623, 1624.

    Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *
    2. In the table under Sec. 101.3(b)(1), the listings for the State 
of Texas are amended by revising the entry for Houston--Galveston and 
adding in appropriate alphabetical order entries

[[Page 51364]]

for Corpus Christi, Freeport, and Port Lavaca-Point Comfort to read as 
follows:


Sec. 101.3  Customs service ports and ports of entry.

* * * * *
    (b) List of Ports of Entry and Service Ports. * * *
    (1) Customs ports of entry. * * *

------------------------------------------------------------------------
              Ports of entry                       Limits of port       
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
                                  Texas                                 
                                                                        
                  *        *        *        *        *                 
                                                                        
Corpus Christi............................  E.O. 8288, Nov. 22, 1939 (4 
                                             FR 4691), and territory    
                                             described in T.D. 78-130.  
                                                                        
                  *        *        *        *        *                 
Freeport..................................  E.O. 7632, June 15, 1937 (2 
                                             FR 1245).                  
                                                                        
                  *        *        *        *        *                 
+ Houston-Galveston.......................  Consolidated port includes  
                                             territory lying within     
                                             corporate limits of both   
                                             Houston and Galveston, and 
                                             remaining territory in     
                                             Harris and Galveston       
                                             Counties, T.D.s 81-160 and 
                                             82-15.                     
                                                                        
                  *        *        *        *        *                 
Port Lavaca-Point Comfort.................  T.D. 56115.                 
                                                                        
                  *        *        *        *        *                 
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+ Indicates Drawback unit/office.                                       

George J. Weise,
Commissioner of Customs.

    Approved: September 4, 1996.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-25151 Filed 10-1-96; 8:45 am]
BILLING CODE 4820-02-M