98-13715. Public Meetings in New Orleans and Houston on Vessel Entrance and Clearance Procedures

[Federal Register Volume 63, Number 99 (Friday, May 22, 1998)]
[Notices]
[Pages 28450-28451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13715]


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DEPARTMENT OF THE TREASURY

Customs Service


Public Meetings in New Orleans and Houston on Vessel Entrance and 
Clearance Procedures

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

ACTION: Notice of public meetings.

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SUMMARY: The United States Customs Service will be holding two public 
meetings regarding a recent policy determination regarding the entrance 
and clearance requirements for vessels and aircraft servicing offshore 
operations beyond the territorial waters of the United States. One 
meeting will be held in New Orleans, Louisiana, and the other will be 
held in Houston, Texas. This document announces the dates, times and 
other particulars of the meetings. Questions which one wishes to have 
addressed at the meetings may be communicated in writing to Customs 
Headquarters prior to the meetings.

DATES: The meetings will be held at the following dates and times: For 
the Houston meeting: June 15, 1998, from 1:00 p.m. until 4:00 p.m. For 
New Orleans meeting: June 17, 1998, from 1:00 p.m. until 4:00 p.m. For 
submitted written comments to be addressed at meetings: Comments must 
be received no later than the close of business June 1, 1998.

ADDRESSES: The meetings will be held at the following locations: For 
the Houston meeting: Port of Houston Authority Main Office Bldg., 111 
East Loop North, First Floor Training Room, Houston, Texas. For the New 
Orleans meeting: New Orleans Customshouse, 423 Canal Street, Room 223, 
New Orleans, Louisiana. Written comments should be submitted to: Office 
of Field Operations, Trade Compliance, Attn: William Scopa, U.S. 
Customs Service, 1300 Pennsylvania Avenue, Washington, D.C. 20229, or 
faxed to the attention of William Scopa at [phone].

FOR FURTHER INFORMATION CONTACT: Regarding questions about attending 
the Houston meeting: please call [phone]. Regarding questions 
about attending the New Orleans meeting: please call [phone]. 
For information regarding the entrance and clearance requirements: for 
operational or policy concerns: contact William Scopa at (202) 927-
3112; for regulatory issues: contact Larry Burton at [phone].

SUPPLEMENTARY INFORMATION:

Background

    Recently, there has been concern regarding uniform Customs 
enforcement of the report of arrival requirements set forth in 19 
U.S.C. 1433 for any vessel which has received merchandise while outside 
of the territorial seas; the formal entry requirements set forth in 19 
U.S.C. 1434 for any vessel which has delivered or received merchandise 
while outside the territorial seas; and the corresponding clearance 
statute, 46 U.S.C. App. 91. The concern is also applicable, through 19 
U.S.C. 1644, to enforcement of the report of arrival requirements, 
formal entry requirements and clearance requirements for aircraft 
receiving and delivering merchandise while outside the territorial 
seas. A policy determination by the Customs Service regarding its 
interpretation of these statutory requirements has had a substantial 
impact on both Customs and the trade.
    Much of the concern resulted from an interpretation by the Customs 
Service which exempted vessels and aircraft transporting vessel 
supplies, bunkers, parts, equipment and crew, out beyond the 
territorial sea from entrance and clearance requirements. This 
interpretation applied not only to such transactions involving the 
delivery or receipt of the mentioned items to fixed-site oil rigs, but 
to non-fixed vessels as well.
    Customs reexamined the pertinent statutes and determined that the 
exemptions for the delivery or receipt of vessel supplies, bunkers, 
parts, equipment and crew to non-fixed vessels located beyond the 
territorial sea cannot be sustained. It became necessary to immediately 
implement the suspension of this exemption. The pertinent statutes are 
clear and unambiguous and it would not be proper for Customs to delay 
their uniform enforcement.
    Customs still, however, holds that vessels or aircraft delivering 
or receiving goods or passengers to or from fixed-site rigs are not 
subject to entrance and clearance requirements unless unentered foreign 
goods are involved in the transportation. Such an interpretation is 
consistent with the Outer Continental Shelf Lands Act.
    Customs recognizes the fact that there has been an increase in 
commerce involving vessels and aircraft supplying necessary goods and 
services to numerous domestic and foreign commercial operations just 
beyond our territorial waters, especially in the Gulf of Mexico. 
Customs is contemplating providing for less burdensome entry and 
clearance procedures for vessels and aircraft engaged in these types of 
activities within the boundaries of the law.
    Before beginning such procedures, Customs believes it would be 
beneficial both to the government and to private entities to hold 
public meetings on this issue to allow all interested parties an 
opportunity to be heard. The public forums will provide Customs with 
the opportunity to fully explain the extent of the recent policy 
determination.
    Since the impact of the Customs policy is most heavily felt by 
ports in the Gulf of Mexico, public meetings will be held at the ports 
of New Orleans, Louisiana, and Houston, Texas.
    At the meetings, personnel from Customs Headquarters will be 
available to answer questions regarding the applicability of the laws 
and to discuss the possibility of modifying vessel and aircraft 
entrance and clearance procedures. Questions relating to the entrance 
and clearance requirements under the new policy may be sent to Customs 
prior to the meetings. Such questions should be sent to Customs at the 
address or fax number set forth at the beginning of this document, and 
must be received no later than the close of business on June 1, 1998, 
in order to be addressed at the meetings.
    Space at the meetings will be limited. Attendance will be 
accommodated on a first-come basis.


[[Page 28451]]


    Dated: May 19, 1998.
Robert S. Trotter,
Assistant Commissioner. Office of Field Operations.
[FR Doc. 98-13715 Filed 5-21-98; 8:45 am]
BILLING CODE 4820-02-P