[Federal Register Volume 59, Number 88 (Monday, May 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11004]
[[Page Unknown]]
[Federal Register: May 9, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 4 and 123
[T.D. 94-44]
RIN 1515-AB41
Small Vessel Reporting of Arrival in Miami District
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document removes a section of the Customs Regulations
which sets forth special requirements for the report of arrival by
operators of small vessels whose intended destination is at a point
within the Miami, Florida, Customs District. As a result of this
change, such small vessels will be subject to the reporting
requirements applicable to vessels in general as prescribed by statute
and elsewhere in the Customs Regulations. The change will confer a
benefit on the public by doing away with procedural requirements which
have proven to be cumbersome and inconvenient.
EFFECTIVE DATE: May 9, 1994.
FOR FURTHER INFORMATION CONTACT: Greg Burns, Office of Inspection and
Control (202-927-0381).
SUPPLEMENTARY INFORMATION:
Background
On November 16, 1988, T.D. 88-71 was published in the Federal
Register (53 FR 46081) to adopt, as a final rule, interim amendments to
Part 4 of the Customs Regulations (19 CFR part 4) which included, inter
alia, the addition of a new Sec. 4.2a (19 CFR 4.2a) setting forth
special requirements for the report of arrival by operators of small
vessels whose intended destination is at a point within the Miami,
Florida, Customs District. Section 4.2a was adopted as part of Customs
continuing efforts to prevent smuggling, or other introduction contrary
to law, of controlled substances and other merchandise and to enforce
the currency reporting laws.
Under Sec. 4.2a, an operator of a small vessel (defined as any
vessel of less than 5 net tons, or any private pleasure vessel
regardless of displacement) arriving from a foreign port or place, as
defined therein, with an intended destination at a point within the
limits of the Miami Customs District must immediately report the
arrival, by use of a special clearly marked Customs telephone provided
for that purpose at that location designated by Customs which is
nearest to the vessel destination point, before proceeding to that
destination point; the background portion of T.D. 88-71 listed 24 small
vessel reporting stations designated by Customs but further stated that
the District Director of Customs in Miami would retain authority to
change the reporting locations. Section 4.2a also specifies the civil
and criminal penalties that may be applied to the master or person in
charge of a vessel who fails to report arrival as required under that
section.
Experience with the operation of Sec. 4.2a since publication of
T.D. 88-71 has demonstrated that the reporting procedures set forth in
the regulation are unnecessarily cumbersome and otherwise inconvenient
for the general public. In this regard, Customs notes the following
specific problems with the Sec. 4.2a reporting requirements: (1) The
number of private vessel arrivals in the Miami District exceeds the
ability of the telephone reporting system to accommodate the calls in a
timely manner, with the result that vessel operators sometimes must
wait for more than an hour before getting through to the Customs
office; and (2) private marinas, which constitute the majority of the
designated reporting stations, have experienced economic hardship,
particularly on busy weekends, because vessels trying to report occupy
dock space to the exclusion of other private vessels wishing to do
business at the marina. Customs believes that these problems are
sufficiently significant as to warrant removal of Sec. 4.2a.
Customs notes that removal of Sec. 4.2a, which is primarily
procedural in effect, will not have any substantive effect on the basic
vessel reporting requirement and the enforcement thereof by Customs. In
this regard it is noted that on December 21, 1993, Customs published in
the Federal Register (58 FR 67312) T.D. 93-96 setting forth, as a final
rule effective on the date of publication, amendments to the Customs
Regulations concerning reporting requirements for vessels, vehicles and
individuals. Included in T.D. 93-96 were: (1) A revised Sec. 4.2(a)
which provides, inter alia, that, upon arrival of any vessel from a
foreign port or place, the master of the vessel shall immediately
report that arrival to the nearest Customs facility or other location
designated by the district director; (2) transferral of the definition
of ``foreign port or place'' from Sec. 4.2a to a new Sec. 4.2(b); and
(3) a new Sec. 4.3a setting forth a general recitation of the penalties
for violation of vessel reporting and entry requirements. Accordingly,
while removal of Sec. 4.2a will eliminate the burden on the public
occasioned by the special reporting procedures contained in that
regulatory provision, the basic legal responsibilities of operators of
small vessels will remain unchanged: Under Sec. 4.2(a) they will still
have to immediately report to Customs upon arrival from a foreign port
or place, and they will remain liable for civil and criminal penalties
for a failure to do so as outlined in Sec. 4.3a.
In addition to the removal of Sec. 4.2a, this document contains
consequential cross-reference amendments to Sec. 4.2(a) and to
Sec. 123.1(c) which was also revised by T.D. 93-96 as discussed above.
Inapplicability of Notice and Delayed Effective Date Requirements
Because these amendments confer benefits by reducing burdens and
relieving restrictions on the public, pursuant to 5 U.S.C. 553(b)(B),
notice and public procedures are unnecessary, and for the same reasons,
pursuant to 5 U.S.C. 553(d) (1) and (3), a delayed effective date is
not required.
Executive Order 12866
This document does not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
Regulatory Flexibility Act
Since this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Drafting Information
The principal author of this document was Francis W. Foote, Office
of Regulations and Rulings, U.S. Customs Service. However, personnel
from other offices participated in its development.
List of Subjects
19 CFR Part 4
Customs duties and inspection, Harbors, Imports, Maritime carriers,
Merchandise, Reporting and recordkeeping requirements, Vessels, Yachts.
19 CFR Part 123
Canada, Customs duties and inspection, Imports, International
boundaries, Mexico, Reporting and recordkeeping requirements, Vessels.
Amendments to the Regulations
For the reasons stated above, parts 4 and 123, Customs Regulations
(19 CFR parts 4 and 123) are amended as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
1. The general authority citation for part 4 and the specific
authority citation for Sec. 4.2 are revised to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624;
46 U.S.C. App. 3, 91;
* * * * *
Section 4.2 also issued under 19 U.S.C. 1441, 1486;
* * * * *
Sec. 4.2 [Amended]
2. In Sec. 4.2, paragraph (a) is amended by removing from the
second sentence the words ``prescribed in Sec. 4.2a of this part, or
as''.
Sec. 4.2a [Removed]
3. Section 4.2a is removed.
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO
1. The general authority citation for part 123 is revised, and the
specific authority citation for Sec. 123.1 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 17, Harmonized
Tariff Schedule of the United States), 1431, 1433, 1624;
Section 123.1 also issued under 19 U.S.C. 1459.
* * * * *
Sec. 123.1 [Amended]
2. In Sec. 123.1, paragraph (c) is amended by removing the words
``see Secs. 4.2 and 4.2a'' and adding, in their place, the words ``see
Sec. 4.2''.
Michael H. Lane,
Acting Commissioner of Customs.
Approved: April 15, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-11004 Filed 5-6-94; 8:45 am]
BILLING CODE 4820-02-P
