[Federal Register Volume 66, Number 217 (Thursday, November 8, 2001)]
[Rules and Regulations]
[Pages 56430-56431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28013]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 101

[T.D 01-81]


Customs Preclearance in Foreign Countries

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

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect that 
Customs has added two new preclearance facilities and to provide that 
the Customs officer exercising supervisory control over all of the 
preclearance facilities will be located at Customs Headquarters.

EFFECTIVE DATE: November 8, 2001.

FOR FURTHER INFORMATION CONTACT: Glenn Ross, Office of Field 
Operations, 202-927-2301.

SUPPLEMENTARY INFORMATION:

Background

    Customs preclearance operations have been in existence since 1952. 
There are presently 11 preclearance facilities operating in both Canada 
and the Caribbean. Each facility is responsible for preclearing U.S. 
bound passengers and their personal effects and baggage. In most cases, 
U.S. bound passengers who are precleared in either Canada or the 
Caribbean are permitted to arrive at a U.S. domestic facility and 
either directly connect to a U.S. domestic flight or leave the airport. 
Preclearance facilities primarily serve to facilitate low risk 
passengers and to relieve passenger congestion at federal inspection 
facilities in the United States. In fiscal year 2000, 12.5 million 
passengers were precleared. This figure represents 15% of all 
commercial air passengers cleared by Customs.
    Section 101.5, Customs Regulations (19 CFR 101.5), sets forth a 
list of Customs preclearance offices in foreign countries and of the 
Customs officers under whose supervision the preclearance offices 
function.
    The Customs Regulations reflect that there are 9 preclearance 
offices. This document amends Sec. 101.5, Customs

[[Page 56431]]

Regulations, to add to the list of preclearance offices one at 
Orangestad, Aruba and one at Ottawa, Canada. Section 101.5 is also 
amended to reflect that all preclearance operations are being 
consolidated under a single Director, Preclearance, located in the 
Office of Field Operations at Customs Headquarters.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely reflects the addition of two new 
Customs preclearance offices and the consolidation of the Customs 
preclearance operations under a Director, Preclearance, located in the 
Office of Field Operations at Customs Headquarters, pursuant to 5 
U.S.C. 553(b)(B), notice and public procedure are unnecessary, and for 
the same reason, pursuant to 5 U.S.C. 553(d)(3), a delayed effective 
date is not required.

Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. This amendment 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 Janet L. Johnson, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects in 19 CFR Part 101

    Customs duties and inspection, Customs ports of entry, Foreign 
trade statistics, Imports, Organization and functions (Government 
agencies), Shipments, Vessels.

Amendments to the Regulations

    Part 101, Customs Regulations (19 CFR part 101), is amended as set 
forth below.

PART 101--GENERAL PROVISIONS

    1. The general authority citation for part 101, Customs 
Regulations, continues to read, and a new specific authority citation 
for Sec. 101.5 is added to read, as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 22, 
Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a.
* * * * *
Section 101.5 also issued under 19 U.S.C. 1629.
* * * * *

    2. Section 101.5 is revised to read as follows:


Sec. 101.5  Customs preclearance offices in foreign countries.

    Listed below are the preclearance offices in foreign countries 
where U. S. Customs officers are located. A Director, Preclearance, 
located in the Office of Field Operations at Customs Headquarters, is 
the responsible Customs officer exercising supervisory control over all 
preclearance offices.

------------------------------------------------------------------------
                Country                          Customs office
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Aruba.................................  Orangestad
The Bahamas...........................  Freeport
                                        Nassau
Bermuda...............................  Kindley Field
Canada................................  Calgary, Alberta
                                        Edmonton, Alberta
                                        Montreal, Quebec
                                        Ottawa, Ontario
                                        Toronto, Ontario
                                        Vancouver, British Columbia
                                        Winnipeg, Manitoba
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    Approved: November 2, 2001.
Charles W. Winwood,
Acting Commissioner of Customs.


Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 01-28013 Filed 11-7-01; 8:45 am]
BILLING CODE 4820-02-P