[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25176-25178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11669]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 101
Customs Service Field Organization-San Jose, California
AGENCY: 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 the Customs Service by
designating San Jose as a port of entry in the Customs District of San
Francisco, California, of the Pacific Region. The change is being
proposed 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 10, 1995.
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, DC 20229.
Comments submitted may be inspected at the Regulations Branch, Office
of Regulations and Rulings, 1099 14th Street NW., Suite 4000,
Washington, DC, 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 is proposing to
amend Secs. 101.3 and 101.4, Customs Regulations (19 CFR 101.3 and
101.4) by designating a four county area surrounding San Jose,
California, as a port of entry for Customs [[Page 25177]] purposes in
the Customs District of San Francisco, California, within the Pacific
Region. Part of this four county area, Monterey, is presently listed in
Sec. 101.4(c), Customs Regulations, as a Customs station within the San
Francisco District. San Jose is presently part of the port of entry of
San Francisco.
The city of San Jose, California, has requested designation of the
four county area surrounding San Jose as a port of entry and has stated
that the efficiency in having a port of entry located in San Jose would
represent a considerable saving of time and cost for the business
community. The city states that firms in the South Bay Area will
benefit from the advantages of having their cargo cleared at the San
Jose port of entry. It also anticipates that more cargo will be shipped
to the area and that the result will be additional Customs revenue and
increased Federal benefits.
The request for designation has been concurred with by the
Immigration and Naturalization Service of the Department of Justice and
by the Animal and Plant Health Inspection Service of the Department of
Agriculture. Various elected officials, local corporations and
associations also support the request.
The criteria used by Customs in determining whether to establish a
port of entry are found in T.D. 82-37 (47 FR 10137), as revised by T.
D. 86-14 (51 FR 4559) and T.D. 87-65 (52 FR 16328). Under these
criteria, a community requesting a port of entry designation must: (1)
Demonstrate that the benefits to be derived justify the Federal
Government expense involved; (2) be serviced by at least two major
modes of transportation (rail, air, water, or highway); (3) have a
minimum population of 300,000 within the immediate service area
(approximately a 70 mile radius); and (4) make a commitment to make
optimal use of electronic data transfer capabilities to permit
integration with Customs Automated Commercial System (ACS), which
provides a means for the electronic processing of entries of imported
merchandise. Further, the actual or potential Customs workload (i.e.,
number of transactions per year) at the proposed port of entry must
meet one of several alternative minimum requirements, among which are
15,000 passenger arrivals and 2500 consumption entries per year.
Finally, facilities at the proposed port of entry must include cargo
and passenger facilities, warehousing space for the secure storage of
imported cargo pending final Customs inspection and release, and
administrative office space, inspection areas, storage areas and other
space necessary for regular Customs operations.
San Jose International Airport is currently staffed by Customs on a
rotational basis. If the port of entry is approved, the rotational
positions currently assigned to San Jose will be converted to permanent
positions. Any relocation costs will be paid out of COBRA funds.
The request for port of entry status states that there will be
several Federal Government benefits if the port of entry is approved.
Approval will support the national goal of United States
competitiveness by strengthening the economic competitiveness of one of
the nation's most critical high technology areas. It will increase the
efficiency of the regional Customs service by improving the
distribution of entries which must be cleared through the San
Francisco-Oakland port and the San Jose port. It will decrease
congestion on the Bay Area's freeways due to shipments going directly
to San Jose International Airport. Finally, it will further the Customs
goal of increased automation, since San Jose International Airport has
provided the equipment necessary to supply a fully automated, highly
efficient Customs port.
The proposed port of entry will be served by three major modes of
transportation (air, rail and highway).
The proposed port of entry has a population of 2,167,000.
The City of San Jose has committed to the optimal use of electronic
data input equipment and software to permit integration with any
Customs system for electronic processing of commercial entries. San
Jose International Airport has provided, at no cost to the Federal
Government, computer equipment and systems which are needed to comply
with the goals of the National Customs Automation Program.
According to recent statistics, San Jose International Airport has
an annual workload of 92,246 arriving international passengers and 4854
formal entry releases, plus 2066 informal entry releases.
Cargo and passenger facilities have been provided for Customs
operations at San Jose International Airport. The Customs facility is a
23,000 square foot modular facility in a secure portion of the airport.
This facility provides the necessary administrative office space,
inspection rooms and other space required for performing regular
Customs operations.
Based on the information provided above, Customs believes that San
Jose meets the current standards for port of entry designations set
forth in T. D. 82-37, as revised by T. D. 86-14 and T. D. 87-65.
Proposed Limits of Port of Entry
The geographical limits of the proposed port of entry of San Jose
would be as follows:
All of Santa Clara, Santa Cruz, Monterey and San Benito Counties
in the State of California.
If the proposed port of entry designation is adopted, the lists of
Customs regions, districts, ports of entry and stations in 19 CFR
101.3(b) and 101.4(c) will be amended accordingly.
Comments
Before adopting this proposal, 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, 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, Suite 4000, 1099 14th St. NW.,
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.
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. Although
this document is being issued for public comment, it is not subject to
the notice and public procedure requirements of 5 U.S.C. 553 because it
relates to agency management and organization. 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
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. [[Page 25178]]
Approved: April 10, 1995.
William F. Riley,
Acting Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-11669 Filed 5-10-95; 8:45 am]
BILLING CODE 4820-02-P
