[Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
[Proposed Rules]
[Pages 61251-61252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30049]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 /
Proposed Rules
[[Page 61251]]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 123
RIN 1515-AC12
Designated Land Border Crossing Locations for Certain Conveyances
AGENCY: Customs Service, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend the Customs Regulations to
allow Customs to designate certain land border crossing locations for
specified traffic and merchandise. It is proposed to grant port
directors the express authority to require that certain types of
vehicles or vehicles carrying certain types of merchandise enter the
United States only at designated locations within the jurisdiction of
the port director. Allowing port directors to divert particular traffic
to specific facilities equipped with appropriate inspection facilities
will enable Customs to better balance its resources, reduce border
crossing congestion, and more efficiently perform inspections of
conveyances and imported merchandise while reducing risks to public
health and safety.
DATES: Comments must be received on or before January 16, 1998.
ADDRESSES: Written comments (preferably in triplicate) may be addressed
to the Regulations Branch, Office of Regulations and Rulings, U.S.
Customs Service, 1300 Pennsylvania Avenue, NW, Washington, DC 20229.
Comments submitted may be inspected at the Regulations Branch, Office
of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania
Avenue, NW, 3rd Floor, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ed Schack, Office of Field Operations,
(202) 927-0251.
SUPPLEMENTARY INFORMATION:
Background
A port of entry, for Customs purposes, is any place that has been
designated by Executive Order of the President, by order of the
Secretary of the Treasury, or by Act of Congress as a place where a
Customs officer is authorized to accept entries of merchandise, to
collect duties, and to enforce the various provisions of the Customs
and navigation laws. A Customs station, for Customs purposes, is any
place, other than a port of entry, at which Customs officers or
employees are stationed to enter and clear vessels, accept entries of
merchandise, collect duties, and enforce the various provisions of the
Customs and navigation laws of the United States. See 19 CFR 101.1.
Regarding the entry of vehicles, pursuant to section 433 of the Tariff
Act of 1930, as amended (19 U.S.C. 1433), vehicles may arrive in the
United States only at border crossing points designated by the
Secretary of the Treasury, and the person in charge of the vehicle,
except as otherwise authorized by the Secretary, shall, immediately
upon the vehicle's arrival, report the vehicle's arrival and present
the vehicle and all persons and merchandise (including baggage) on
board for inspection to the Customs officer at the Customs facility
designated for that crossing point. Failure to report such arrival and
make such presentation for inspection may result in the application of
civil and criminal penalties, as provided under 19 U.S.C. 1436, in
addition to other penalties applicable under other provisions of law.
See 19 U.S.C. 1459 and 1497. Customs reporting and inspection
requirements applicable to individuals and vehicles entering the United
States at land border crossings are delineated at Sec. 123.1, Customs
Regulations (19 CFR 123.1).
Generally, entry into the United States may be accomplished at any
designated border crossing point. However, certain vehicles or imported
merchandise carried thereon could be processed more thoroughly, safely,
and expeditiously by having the vehicle report to a particular border
crossing point designed to handle the identified vehicle or
merchandise, rather than by allowing the vehicle or merchandise to be
entered at any border crossing point. Also, in the interests of
improving cross-border traffic as well as Customs law enforcement
effectiveness, there are some border crossing points that could provide
better service by being restricted to noncommercial traffic and
pedestrians. Customs port directors may wish to limit certain traffic
in this manner for many reasons, including for purposes of reducing
congestion at a particular border crossing point or for purposes of
protecting public health and safety. For example, the rerouting of
hazardous material cargoes to alternate facilities in less-populated
areas within a port of entry or at Customs stations under the
jurisdiction of the port director may offer a dual benefit for a
heavily populated downtown area by relieving traffic congestion and
removing the threat of a catastrophic hazardous material spill. In this
regard, certain crossing facilities are better equipped than others to
handle certain kinds of traffic, such as trucks carrying hazardous
materials.
Accordingly, Customs proposes to amend Sec. 123.1(b) of the Customs
Regulations (19 CFR 123.1(b)) (relating to report of arrival and
presentation requirements) to provide that port directors, for good
cause, may require certain types of vehicles or vehicles that carry
certain types of merchandise be routed to a particular border crossing
facility within the jurisdiction of the port director. If a particular
border crossing point is so designated by a port director, it is
proposed that the port director will communicate this to the public by
the same means already specified in paragraph (d) of Sec. 123.1 for
local instructions regarding report of arrival.
Comments
Before adopting this proposed regulation as a final rule,
consideration will be given to any written comments timely submitted to
Customs. Comments submitted will be available for public inspection in
accordance with the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4
of the Treasury Department Regulations (31 CFR 1.4), and Sec. 103.11(b)
of the 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, U.S. Customs Service, 1300
Pennsylvania Avenue, NW., 3rd Floor, Washington, DC.
[[Page 61252]]
Inapplicability of the Regulatory Flexibility Act and Executive Order
12866
Pursuant to provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), it is certified that, if adopted, the proposed amendment
will not have a significant economic impact on a substantial number of
small entities. The proposed amendment provides for the expeditious
processing of certain conveyances at designated locations within a port
of entry or at Customs stations designed to best provide inspection
services for the identified conveyances, and concerns issues of public
health and safety. Accordingly, the proposed amendment is not subject
to the regulatory analysis or other requirements of 5 U.S.C. 603 and
604. 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
Gregory R. Vilders, 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 123
Administrative practice and procedure, Canada, Common carriers,
Customs duties and inspection, Entry of merchandise, Imports,
International boundaries (Land border), Mexico, Reporting and
recordkeeping requirements.
Proposed Amendments to the Regulations
For the reasons stated above, it is proposed to amend Part 123 of
the Customs Regulations (19 CFR part 123), as set forth below:
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO
1. The authority citation for Part 123 continues to read in part as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1624;
Section 123.1 also issued under 19 U.S.C. 1459;
* * * * *
2. In Sec. 123.1, paragraph (b) is amended by adding two new
sentences after the first sentence to read as follows:
Sec. 123.1 Report of arrival from Canada or Mexico and permission to
proceed.
* * * * *
(b) Vehicles. * * * A port director, for good cause such as
reducing traffic congestion or to protect public health and safety, may
require certain types of vehicles or vehicles carrying certain types of
merchandise to enter only at specified border crossing points within
the jurisdiction of the port director. The port director shall
communicate this requirement to the public by means of local
instructions, as provided in paragraph (d) of this section. * * *
* * * * *
George J. Weise,
Commissioner of Customs.
Approved: September 24, 1997
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-30049 Filed 11-14-97; 8:45 am]
BILLING CODE 4820-20-P
