[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Proposed Rules]
[Pages 36379-36384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17815]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 4
RIN 1515-AC29
Boarding of Vessels in the United States
AGENCY: U.S. Customs Service, Treasury.
ACTION: Proposed rule.
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SUMMARY: This document proposes, as a primary focus, to amend the
Customs Regulations regarding the boarding of vessels arriving in ports
of the United States. It is intended that the Customs Regulations
regarding this subject accurately reflect and implement amendments to
the underlying statutory authority, enacted as part of the Customs
Modernization Act, as well as policy determinations necessitated as a
result of those amendments. To this same end, certain general
amendments are proposed to the regulations concerning vessel entry and
clearance as well as the issuance of permits to lade and unlade
merchandise.
DATES: Comments must be received on or before September 4, 1998.
ADDRESSES: Written comments may be addressed to and inspected at the
Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue,
N.W., 3rd Floor, Washington, D.C. 20229.
FOR FURTHER INFORMATION CONTACT:
Legal aspects: Larry L. Burton, Office of Regulations and Rulings, 202-
927-1287.
Operational aspects: William Scopa, Office of Field Operations, 202-
927-3112.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 1993, amendments to certain Customs and navigation
laws became effective as the result of the North American Free Trade
Agreement Implementation Act (Pub. L. 103-182), Title VI of which is
popularly known as the Customs Modernization Act (the Act). Sections
653 and 656 of the Act significantly amended the statutes governing the
entry and the lading and unlading of vessels in the United States.
These operations are governed, respectively, by Secs. 434 and 448 of
the Tariff Act of 1930, as amended (19 U.S.C. 1434 and 1448).
Prior to the subject amendments, the entry of vessels of the United
States and vessels of foreign countries had been governed by separate
statutes (19 U.S.C.
[[Page 36380]]
1434 and 1435), neither of which included elements concerning
preliminary vessel entry or the boarding of vessels. The Act repealed
19 U.S.C. 1435 and amended 19 U.S.C. 1434 to provide for the entry of
American and foreign-documented vessels under the same statute.
Additionally, the amended 19 U.S.C. 1434 now provides authority for the
promulgation of regulations regarding preliminary vessel entry, and
while neither mandating boarding for all vessels nor specifying that
optional boarding must be accomplished at any particular stage of the
vessel entry process, the amended law does require that a sufficient
number of vessels be boarded to ensure compliance with the laws
enforced by the Customs Service.
The general authority provided for Customs to board vessels is
found in Sec. 581, Tariff Act of 1930, as amended (19 U.S.C. 1581).
Prior to amendment, 19 U.S.C. 1448 as previously cited had linked the
granting of preliminary vessel entry to a mandatory boarding
requirement and physical presentation of manifest documents to a
Customs boarding officer. The amended 19 U.S.C. 1448 no longer contains
provisions regarding preliminary vessel entry, vessel boarding, or
manifest presentation, all of which are now provided for in other
statutes; the statute now provides that Customs may electronically
issue permits to lade or unlade merchandise pursuant to an authorized
data interchange system as an alternative to physical document
presentation.
The regulations which implement the statutory authority for
boarding, the granting of preliminary and formal vessel entry, the
issuance of permits to lade and unlade merchandise, and vessel
clearance are contained in Secs. 4.1, 4.3, 4.8, 4.9, 4.30, 4.60 and
4.61 of the Customs Regulations (19 CFR 4.1, 4.3, 4.8, 4.9, 4.30, 4.60
and 4.61). Various of these provisions still contain mandatory boarding
and physical document presentation requirements, and of course do not
include any reference to the new electronic permit issuance option.
This document proposes to amend the cited sections in order to properly
implement the amended statutory authority and revised Customs
interpretations.
This document proposes to amend Sec. 4.1 by removing all reference
to the mandatory boarding of vessels. The amended 19 U.S.C. 1434 makes
it clear that boarding is discretionary with Customs and is only
required to the extent determined necessary to enforce the laws with
which we are charged. This is accomplished by deleting paragraph (b)
and making necessary amendments to paragraph (a) of the section.
Section 4.3 is proposed to be amended by identifying the vessels
subject to entry in the simplified outline format presented in the
statute itself. The use of this format makes much of the current
language of Sec. 4.3 unnecessary. The proposal provides for vessel
entry within 24 hours after arrival. Although the amended statute
provides that the time may be extended by regulation to a period not to
exceed 48 hours, Customs believes that 24 hours is adequate. The
proposal also includes procedures for allowing Customs, in its
discretion, to allow vessels to enter at places other than the
customhouse as well as at locations outside of the actual port of entry
limits. This discretion is conferred by statute.
Proposed amendments to Sec. 4.8 are offered in this document. The
proposal would amend the regulation by providing that preliminary entry
may be granted after, at the time of, or even before the actual arrival
of a vessel in the United States. Different procedures are established
to apply to these differing circumstances.
Also proposed are amendments to Sec. 4.9 of the regulations
concerning the actual vessel entry process. The proposed amendments
make it clear that for the purpose of the vessel entry statute, Customs
does not interpret bonded merchandise to include bonded vessel stores
or ship's supplies. We consider the term to refer to in-bond
transportation of merchandise. This interpretation makes it necessary
to define specific procedures applicable to certain United States
vessels sailing between domestic ports.
It is proposed that Sec. 4.16 be removed from the regulations. The
section currently provides that parties may apply for entry and
clearance to be accomplished aboard a vessel. The amended entry and
clearance statutes permit those functions to be accomplished elsewhere
than at the customhouse pursuant to regulations. Amendments to
Secs. 4.3 and 4.61 as proposed in this document would permit entry and
clearance aboard vessels. These changes would render Sec. 4.16
redundant.
The regulation relating to the granting of lading and unlading
permits in Sec. 4.30 is also proposed to be amended. Specifically,
procedures are established which are applicable to newly-emerging
commercial entities, such as those created by vessel sharing and slot
chartering agreements.
Section 4.60 is sought to be amended by utilizing the simplified
outline format appearing in the amended vessel clearance statute (46
U.S.C. App. 91). This would replace the present paragraph format which
reflects the clearance language prior to its amendment.
It is proposed to amend Sec. 4.61 by allowing clearance filings to
be accomplished by authorized electronic means. The proposal also
establishes that clearances may be necessary for departures other than
for foreign ports as was the case under the law prior to its amendment.
As in the proposed entry regulation, this section would also
incorporate special procedures applicable to certain United States
vessels sailing between domestic ports.
The proposal also makes some changes to the list of elements
appearing in current Sec. 4.61(b), which are required to be satisfied
prior to the granting of clearance. The reference to ``crew'' is
removed from paragraph (b)(8) of the current section, due to the repeal
of the underlying statute (46 U.S.C. App. 674) by enactment of section
690(a)(22) of Pub. L. 103-182 (December 8, 1993). The reference to
``pratique'' is removed from paragraph (b)(14) of the current section,
as a result of amendments to the Public Health Service Regulations
which eliminate the pratique but leave in place other health-related
documentary requirements. Finally, paragraph (b)(17) of the current
section is removed because the underlying statute in this regard, 7
U.S.C. 516, which restricted the exportation of tobacco seeds, was
repealed by Sec. 1019 of Pub. L. 102-237 (December 13, 1991).
Amendments are proposed to Sec. 4.68 to reflect amendments to laws
enforced by Customs on behalf of other agencies, and to eliminate the
antiquated reference to the whale fishery.
Finally, Sec. 4.70 is proposed to be amended to eliminate the
reference to the former Public Health Service's certificate of free
pratique. New Public Health Service foreign quarantine regulations are
now in effect.
Comments
Before adopting this proposal, consideration will be given to any
written comments that are 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 9:00 a.m. and 4:30 p.m. at the Regulations Branch, U.S.
Customs Service, 1300 Pennsylvania Avenue, N.W., 3rd Floor, Washington,
D.C.
[[Page 36381]]
Regulatory Flexibility Act and Executive Order 12866
The proposed rule would amend the Customs Regulations principally
in order to accurately reflect and implement changes to the underlying
statutory authority regarding the boarding of vessels arriving in ports
of the United States. To this same end, certain general amendments to
the regulations are proposed concerning vessel entry and clearance as
well as the issuance of permits to lade and unlade merchandise. As
such, under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), it
is certified that, if adopted, the proposed rule will not have a
significant economic impact on a substantial number of small entities.
Accordingly, it is not subject to the regulatory analysis or other
requirements of 5 U.S.C. 603 and 604. Nor does the document meet the
criteria for a ``significant regulatory action'' as specified in E.O.
12866.
Paperwork Reduction Act
The collections of information contained in this notice of proposed
rulemaking have previously been reviewed and approved by the Office of
Management and Budget (OMB) in accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507) and assigned the following OMB Control
Numbers:
1515-0013--Application-Permit-Special License, Unlading-Lading-Overtime
Services (Customs Form 3171);
1515-0060--Master's Oath of Vessels in Foreign Trade (Customs Form
1300);
1515-0078--Cargo Declaration (inward and outward) (Customs Form 1302);
and
1515-0144--Customs Bond Structure (Customs Form 301 and Customs Form
5297).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection of
information displays a valid control number assigned by OMB. This
document restates the collections of information without substantive
change.
Comments concerning suggestions for reducing the burden of the
collections of information should be sent to the Regulations Branch,
Office of Regulations and Rulings, U.S. Customs Service, 1300
Pennsylvania Avenue, N.W., 3rd Floor, Washington, D.C. 20229. A copy
should also be sent to U.S. Customs Service, Information Services
Group, Attention: J. Edgar Nichols, Room 3.2-C, 1300 Pennsylvania
Avenue, N.W., 3rd Floor, Washington, D.C. 20229.
Drafting Information: The principal author of this document was
Larry L. Burton, 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 4
Customs duties and inspection, Entry, Freight, Harbors, Inspection,
Merchandise, Reporting and recordkeeping requirements, Vessels.
Proposed Amendments to the Regulations
It is proposed to amend part 4, Customs Regulations (19 CFR part
4), as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
1. The specific authority citations for Secs. 4.1, 4.9 and 4.68
would be revised, and a specific authority citation for Sec. 4.61 would
be added in appropriate numerical order, to read as follows:
Authority: * * *
Section 4.1 also issued under 19 U.S.C. 1581(a); 46 U.S.C. App.
163;
* * * * *
Section 4.9 also issued under 42 U.S.C. 269;
* * * * *
Section 4.61 also issued under 46 U.S.C. App. 883;
* * * * *
Section 4.68 also issued under 46 U.S.C. App. 817d, 817e;
* * * * *
2. It is proposed to amend Sec. 4.1 by revising paragraph (a) to
read as set forth below; and by removing paragraph (b) and
redesignating paragraphs (c), (d), (e), (f), and (g), as paragraphs
(b), (c), (d), (e) and (f), respectively:
Sec. 4.1 Boarding of vessels; cutter and dock passes.
(a) Every vessel arriving at a Customs port shall be subject to
such supervision while in port as the port director considers
necessary. The port director may detail Customs officers to remain on
board a vessel to secure enforcement of this part. Customs may
determine to board as many vessels as considered necessary to ensure
compliance with the laws it enforces.
* * * * *
3. It is proposed to amend part 4 by removing and reserving
Footnote 1.
4. It is proposed to revise Sec. 4.3 to read as follows:
Sec. 4.3 Vessels required to enter; place of entry.
(a) Formal entry required. Unless specifically excepted by law,
within 24 hours after the arrival at any port or place in the United
States, the following vessels are required to make formal entry:
(1) Any vessel from a foreign port or place;
(2) Any foreign vessel from a domestic port;
(3) Any vessel of the United States having merchandise on board
that is being transported in-bond (not including bonded ship's stores
or supplies), or foreign merchandise for which entry has not been made;
or
(4) Any vessel that has visited a hovering vessel as defined in 19
U.S.C. 1401(k), or has delivered or received merchandise or passengers
while outside the territorial sea.
(b) Completion of entry. (1) When vessel entry is to be made at the
customhouse, either the master, licensed deck officer, or purser may
appear in person during regular working hours to complete preliminary
or formal vessel entry; or, necessary documents properly executed by
the master or other authorized officer may be delivered at the
customhouse by the vessel agent or other personal representative of the
master.
(2) The appropriate Customs port director may permit the entry of
vessels to be accomplished at locations other than the customhouse, and
services may be requested outside of normal business hours. Customs may
take local resources into consideration in allowing formal entry to be
transacted on board vessels themselves or at other mutually convenient
approved sites and times within or of outside port limits. When
services are requested to be provided outside the limits of a Customs
port, the appropriate port director to whom an application must be
submitted is the director of the port located nearest to the point
where the proposed services would be provided. That port director must
be satisfied that the place designated for formal entry will be
sufficiently under Customs control at the time of entry, and that the
expenses incurred by Customs will be reimbursed as authorized. It may
be required that advance notice of vessel arrival be given as a
condition for granting requests for optional entry locations. A master,
owner, or agent of a vessel who desires that entry be made at an
optional location shall file with the appropriate port director an
application on Customs Form 3171 and a single entry or continuous bond
on Customs Form 301 containing the bond conditions set forth in
Sec. 113.64 of this chapter, in such amount as that port director deems
appropriate but not less than $1,000. If the application is approved,
the port
[[Page 36382]]
director or a designated Customs officer shall formally enter the
vessel.
5. It is proposed to revise Sec. 4.8 to read as follows:
Sec. 4.8 Preliminary entry.
(a) Generally. Preliminary entry allows a U.S. or foreign vessel
arriving under circumstances that require it formally to enter, to
commence lading and unlading operations prior to making formal entry.
Preliminary entry may be accomplished electronically pursuant to an
authorized electronic data interchange system, or by any other means of
communication approved by the Customs Service.
(b) Requirements and conditions. Preliminary entry must be made in
compliance with Sec. 4.30, and may be granted prior to, at, or
subsequent to arrival of the vessel. The granting of preliminary vessel
entry by Customs at or subsequent to arrival of the vessel, is
conditioned upon the presentation to Customs of all forms,
electronically or otherwise, comprising a complete manifest as provided
in Sec. 4.7. Vessels seeking preliminary entry in advance of arrival
may do so by presenting to Customs a complete Customs Form 1302 (Cargo
Declaration) showing all cargo on board the vessel and Customs Form
3171, electronically or otherwise, no less than 48 hours prior to
vessel arrival. The CF 3171 shall also serve as notice of intended date
of arrival. The port director may allow for the presentation of the CF
1302 and CF 3171 less than 48 hours prior to arrival in order to grant
advanced preliminary entry if a vessel voyage takes less than 48 hours
to complete from the last foreign port to the first U.S. port, or if
other reasonable circumstances warrant. Preliminary entry granted in
advance of arrival will become effective upon arrival at the port
granting preliminary entry. Additionally, Customs must receive
confirmation of a vessel's estimated time of arrival in a manner
acceptable to the port director.
6. It is proposed to revise Sec. 4.9 to read as follows:
Sec. 4.9 Formal entry.
(a) General. Section 4.3 provides which vessels are subject to
formal entry and where and when entry must be made. The formal entry of
an American vessel is governed by section 434, Tariff Act of 1930 (19
U.S.C. 1434). The term ``American vessel'' means a vessel of the United
States (see Sec. 4.0(b)) as well as, when arriving by sea, a vessel
entitled to be documented except for its size (see Sec. 4.0(c)). The
formal entry of a foreign vessel arriving within the limits of any
Customs port is also governed by section 434, Tariff Act of 1930 (19
U.S.C. 1434). The required oath on entry shall be executed on Customs
Form 1300. Alternatively, information necessary for formal entry may be
transmitted electronically pursuant to a system authorized by Customs.
(b) Procedures. Under certain circumstances, American vessels
arriving in ports of the United States directly from other United
States ports must make entry. Entry of such vessels is required when
they have merchandise aboard that is being transported in-bond, or when
they have unentered foreign merchandise aboard. For the purposes of the
vessel entry requirements, merchandise transported in-bond does not
include bonded ship's stores or supplies. While American vessels
transporting unentered foreign merchandise must fully comply with the
usual formal entry procedures, American vessels carrying no unentered
foreign merchandise but that have in-bond merchandise aboard may
satisfy vessel entry requirements by making a required report of
arrival, and providing certain bill of lading information to Customs
concerning the in-bond cargo. If the cargo in question is being moved
under the ``paperless'' in-bond procedures described in the Customs
Handbook on Automated Manifest Interface Requirements (a copy of which
is provided to each Automated Manifest System participant), a list of
the bill of lading numbers for the in-bond cargo must be provided to
Customs. If ``paperless'' in-bond procedures are not applicable to the
cargo, copies of the relevant bills of lading must be presented to
Customs prior to the start of any cargo unlading. Report of arrival
together with providing bill of lading information to Customs as
specified in this paragraph satisfies all entry requirements for the
subject vessels.
(c) Delivery of vessel document. The master of any foreign vessel
shall exhibit the vessel's document to the port director on or before
the entry of the vessel. After the net tonnage has been noted, the
document may be delivered to the consul of the nation to which such
vessel belongs, in which event the vessel master shall certify to the
port director the fact of such delivery (see section 434, Tariff Act of
1930, as amended (19 U.S.C. 1434), as applied through section 438,
Tariff Act of 1930, as amended (19 U.S.C. 1438)). If not delivered to
the consul, the document shall be deposited in the customhouse. Whether
delivered to the foreign consul or deposited at the customhouse, the
document shall not be delivered to the master of the foreign vessel
until clearance is granted under Sec. 4.61. It shall not be lawful for
any foreign consul to deliver to the master of any foreign vessel the
register, or document in lieu thereof, deposited with him in accordance
with the provisions of 19 U.S.C. 1434 until such master shall produce
to him a clearance in due form from the director of the port where such
vessel has been entered. Any consul violating the provisions of this
section is liable to a fine of not more than $5,000 (section 438,
Tariff Act of 1930, as amended; 19 U.S.C. 1438).
(d) Failure to make required entry; penalties. Any master who fails
to make entry as required by this section or who presents or transmits
electronically any document required by this section that is forged,
altered, or false, may be liable for certain civil penalties as
provided under 19 U.S.C. 1436, in addition to penalties applicable
under other provisions of law. Further, any vessel used in connection
with any such violation is subject to seizure and forfeiture.
7. It is proposed to amend part 4 by removing and reserving
Sec. 4.16.
8. It is proposed to amend Sec. 4.30 by adding the word ``fees''
between the words ``clearance'' and ``under'' where appearing in
paragraph (a); and by revising paragraph (b) to read as follows:
Sec. 4.30 Permits and special licenses for unlading and lading.
* * * * *
(b) Application for a permit or special license shall be made by
the master, owner, or agent of the vessel on Customs Form 3171, or
electronically pursuant to an authorized electronic data interchange
system or other means of communication approved by the Customs Service,
and shall specifically indicate the type of service desired at that
time, unless a term permit or term special license has been issued.
Vessels that arrive in a Customs port with more than one vessel carrier
sharing or leasing space on board the vessel (such as under a vessel
sharing or slot charter arrangement) are required to indicate on the CF
3171 all carriers on board the vessel and indicate whether each carrier
is transmitting its cargo declaration electronically or is presenting
it on the Customs Form 1302. In the case of a term permit or term
special license, upon entry of each vessel, a copy of the term permit
or special license must be submitted to Customs during official hours
in advance of the rendering of services so as to update the nature of
the services desired and the exact times they will be needed. Permits
must also be updated to reflect any other needed changes including
those in name of vessel and in slot charter or vessel
[[Page 36383]]
sharing parties. An agent of a vessel may limit his application to
operations involved in the entry and unlading of the vessel or to
operations involved in its lading and clearance. Such limitation shall
be specifically noted on the application.
* * * * *
9. It is proposed to amend Sec. 4.60 by revising paragraph (a) to
read as follows:
Sec. 4.60 Vessels required to clear.
(a) Unless specifically excepted by law, the following vessels must
obtain clearance from the Customs Service before departing from a port
or place in the United States:
(1) All vessels departing for a foreign port or place;
(2) All foreign vessels departing for another port or place in the
United States;
(3) All American vessels departing for another port or place in the
United States that have merchandise on board which is being transported
in-bond (not including bonded ship's stores or supplies), or foreign
merchandise for which entry has not been made; and
(4) All vessels departing for points outside the territorial sea to
visit a hovering vessel or to receive merchandise or passengers while
outside the territorial sea.
* * * * *
10. It is proposed to revise Sec. 4.61 to read as follows:
Sec. 4.61 Requirements for clearance.
(a) Application for clearance. Application for clearance for a
vessel shall be made by filing the oath, Customs Form 1300, and a
General Declaration, Customs Form 1301, by or on behalf of the master
at the customhouse. The master, licensed deck officer, or purser may
appear in person to clear the vessel, or documents properly executed by
the master or other proper officer may be delivered at the customhouse
by the vessel agent or other personal representative of the master.
Necessary information may also be transmitted electronically pursuant
to a system authorized by Customs. Clearance shall be granted either on
Customs Form 1378 or by approved electronic means. Customs port
directors may permit the clearance of vessels at locations other than
the customhouse, and at times outside of normal business hours. Customs
may take local resources into consideration in allowing clearance to be
transacted on board vessels themselves or at other mutually convenient
sites and times either within or outside of port limits. Customs must
be satisfied that the place designated for clearance is sufficiently
under Customs control at the time of clearance, and that the expenses
incurred by Customs will be reimbursed as authorized. Customs may
require that advance notice of vessel departure be given prior to
granting requests for optional clearance locations.
(b) When clearance required. Under certain circumstances, American
vessels departing from ports of the United States directly for other
United States ports must obtain Customs clearance. The clearance of
such vessels is required when they have merchandise aboard that is
being transported in-bond, or when they have unentered foreign
merchandise aboard. For the purposes of the vessel clearance
requirements, merchandise transported in-bond does not include bonded
ship's stores or supplies. While American vessels transporting
unentered foreign merchandise must fully comply with usual clearance
procedures, American vessels carrying no unentered foreign merchandise
but that have in-bond merchandise aboard may satisfy vessel clearance
requirements by reporting intended departure within 72 hours prior
thereto by any means of communication that is satisfactory to the local
Customs port director, and by providing certain bill of lading
information to Customs concerning the in-bond cargo. If the cargo in
question is being moved under the ``paperless'' in-bond procedures as
described in the Customs Handbook on Automated Manifest Interface
Requirements (a copy of which is provided to each Automated Manifest
System participant), a list of the bill of lading numbers for the in-
bond cargo must be provided to Customs. If ``paperless'' in-bond
procedures are not applicable to the cargo, copies of the relevant
bills of lading must be presented to Customs prior to vessel departure.
Report of departure together with providing bill of lading information
to Customs as specified in this paragraph satisfies all clearance
requirements for the subject vessels.
(c) Verification of compliance. Before clearance is granted to a
vessel bound to a foreign port as provided in Sec. 4.60 and this
section, the port director shall verify compliance with respect to the
following matters:
(1) Accounting for inward cargo (see Sec. 4.62).
(2) Outward Cargo Declarations; shippers export declarations (see
Sec. 4.63).
(3) Documentation (see Sec. 4.0(c)).
(4) Verification of nationality and tonnage (see Sec. 4.65).
(5) Verification of inspection (see Sec. 4.66).
(6) Inspection under State laws (46 U.S.C. App. 97).
(7) Closed ports or places (see Sec. 4.67).
(8) Passengers (see Sec. 4.68).
(9) Shipping articles and enforcement of Seamen's Act (see
Sec. 4.69).
(10) Medicine and slop chests.
(11) Load line regulations (see Sec. 4.65a).
(12) Carriage of United States securities, etc. (46 U.S.C. App.
98).
(13) Carriage of mail.
(14) Public Health regulations (see Sec. 4.70).
(15) Inspection of vessels carrying livestock (see Sec. 4.71).
(16) Inspection of meat, meat-food products, and inedible fats (see
Sec. 4.72).
(17) Neutrality exportation of arms and munitions (see Sec. 4.73).
(18) Payment of State and Federal fees and fees due the Government
of the Virgin Islands of the United States (46 U.S.C. App. 100).
(19) Orders restricting shipping (see Sec. 4.74).
(20) Estimated duties deposited or a bond given to cover duties on
foreign repairs and equipment for vessels of the United States (see
Sec. 4.14).
(21) Illegal discharge of oil (see Sec. 4.66a).
(22) Attached or arrested vessel.
(23) Immigration laws.
(d) Vessel built for foreign account. A new vessel built in the
United States for a foreign account shall be cleared under a
certificate of record, Coast-Guard Form 1316, in lieu of a marine
document.
(e) Clearance not granted. Clearance shall not be granted to any
foreign vessel using the flag of the United States or any distinctive
signs or markings indicating that the vessel is an American vessel (22
U.S.C. 454a).
(f) Clearance in order of itinerary. Unless otherwise provided in
this section, every vessel bound for a foreign port or ports shall be
cleared for a definite port or ports in the order of its itinerary, but
an application to clear for a port or place for orders, that is, for
instructions to masters as to destination of the vessel, may be
accepted if the vessel is in ballast or if any cargo on board is to be
discharged in a port of the same country as the port for which
clearance is sought.
11. It is proposed to amend part 4 by removing and reserving
Footnotes 97, 99 and 100a through 101.
12. It is proposed to revise Sec. 4.68 to read as follows:
Sec. 4.68 Federal Maritime Commission certificates for certain
passenger vessels.
No vessel having berth or stateroom accommodations for 50 or more
passengers and embarking passengers at
[[Page 36384]]
U.S. ports shall be granted a clearance at the port or place of
departure from the United States unless it is established that the
vessel has valid certificates issued by the Federal Maritime
Commission.
13. It is proposed to revise Sec. 4.70 to read as follows:
Sec. 4.70 Public Health Service requirements.
No clearance shall be granted to a vessel subject to the foreign
quarantine regulations of the Public Health Service.
Bonni G. Tischler,
Acting Commissioner of Customs.
Approved: June 8, 1998.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 98-17815 Filed 7-2-98; 8:45 am]
BILLING CODE 4820-02-P
