[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Notices]
[Pages 38884-38885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15780]


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DEPARTMENT OF THE TREASURY

Customs Service


Solicitation of Applications for Membership on Customs COBRA Fees 
Advisory Committee

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

ACTION: General notice.

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SUMMARY: This document sets forth amended criteria for membership on 
the Customs COBRA Fees Advisory Committee and requests that new 
applications be submitted for membership on the committee. The amended 
criteria limit membership on the Committee to one U.S. Customs 
representative and up to eight parties that are directly subject to the 
payment of COBRA user fees. Also, the amended criteria make clear that 
a party is ineligible to serve on the Committee if the party serves on 
another advisory committee chartered by the Department of the Treasury, 
including any separate bureau, service or other office within the 
Department of the Treasury. Applications previously received for 
membership on the Committee will need to be resubmitted for 
consideration under this document.

DATES: New applications for membership will be accepted until July 24, 
2000.

ADDRESSES: Applications should be addressed to Richard Coleman, Trade 
Compliance Team, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 
Room 5.2-A, Washington, D.C. 20229, Attention: COBRA 2000.

FOR FURTHER INFORMATION CONTACT: Richard Coleman, Trade Compliance 
Team, U.S. Customs Service, 202-927-0563.

SUPPLEMENTARY INFORMATION:

Background

    By enactment of Public Law 106-36, the Miscellaneous Trade and 
Technical Corrections Act of 1999, section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act (COBRA) of 1985 (19 U.S.C. 58c) was 
amended by adding language which directs the Commissioner of Customs to 
establish an advisory committee whose membership will consist of 
representatives from the airline, cruise ship and other transportation 
industries that may be subject to fees under section 13031.
    The Committee, in accordance with the statute, will advise the 
Commissioner of Customs on issues related to the performance of 
inspectional services of the United States Customs Service. This advice 
will include, but not be limited to, issues such as the time periods 
during which inspectional services should be performed, the proper 
number and deployment of inspectional officers, the level of fees and 
the appropriateness of any proposed fee.
    In accordance with the direction to create the advisory committee, 
Customs published a document in the Federal Register (65 FR 6254) on 
February 8, 2000, establishing criteria and procedures for the 
selection of members on a Customs COBRA Fees Advisory Committee. 
Customs subsequently decided to amend these criteria principally to 
limit membership to applicants who are directly subject to COBRA user 
fees. Customs believes that these parties would be better-suited to 
serve on the committee. A revised charter for the committee will be 
duly filed. This document sets forth the

[[Page 38885]]

amended criteria from that in the February 8, 2000, document and again 
solicits applications for this advisory committee.

Structure of Committee

    The Committee will consist of one U.S. Customs representative and 
up to eight industry members, selected to fairly balance the points of 
view to be represented and functions to be performed. The Deputy 
Commissioner of the U.S. Customs Service will be the Customs 
representative and will chair the Committee. The Deputy Commissioner 
may designate another official to serve in his absence as Acting 
Chairperson for purposes of presiding over a meeting of the Committee 
or performing any other duty of the chairperson. Two senior managers 
representing the Office of Finance and the Office of Field Operations 
of the U.S. Customs Service will serve as technical representatives to 
the chairperson. The Committee will be in existence unless, or until, 
such time as its establishment is repealed by Congress.

Industry Members Sought

    Industry members will be selected by the Commissioner of Customs 
from parties in various sectors of the transportation industry that 
directly pay COBRA user fees. The parties include operators of any of 
the following: railways, trucks, barges, commercial cargo vessels, 
commercial passenger vessels, general aviation, and passenger aircraft.
    Whenever possible, the Commissioner will seek to select two members 
from among passenger aircraft operators and one member each from 
operators of railways, trucks, barges, commercial cargo vessels, 
commercial passenger vessels and general aviation. Additional passenger 
aircraft operators may be selected as members if the other sectors do 
not have a qualified applicant.
    No person who is required to register under the Foreign Agents 
Registration Act or representative of a foreign principal may serve on 
the Advisory Committee.
    It is noted that certain criteria set forth in the prior notice 
published soliciting applicants for the Customs COBRA Fees Advisory 
Committee have been amended. In particular, membership on the Committee 
is now restricted to parties who directly pay COBRA user fees. Thus, 
trade associations and similar transportation industry representatives 
are eliminated from possible membership on the Committee.
    Also, the amended criteria make clear that a party who serves on 
another advisory committee is ineligible for membership on the Customs 
COBRA Fees Advisory Committee if the other advisory committee is 
chartered by the Department of the Treasury, including any separate 
bureau, service or other office within the Department of the Treasury.
    Applicants must demonstrate professional or personal qualifications 
relevant to the purpose, functions and tasks of the Committee. 
Appointments will be made with the objective of creating a diverse and 
balanced body with a variety of interests, backgrounds and viewpoints. 
Accordingly, because members will be selected based on their individual 
credentials and qualifications, membership on the Committee will be 
personal to the appointees; members will not be allowed to designate 
alternates to represent them at Committee meetings.
    Members will not be paid compensation, nor will they be considered 
Federal employees for any reason. No per diem, transportation or other 
expenses will be reimbursed for the cost of attending meetings of the 
Committee, regardless of the location.

Meetings

    Except when there are special meetings, no more than four meetings 
will be held during a two-year period, in accordance with the Federal 
Advisory Committee Act. Regular meetings will be held at six-month 
intervals. An occasional special meeting may be held at the discretion 
of the chairperson and the members.
    Meetings are open to public observers, including the press, unless 
special procedures have been followed to close a meeting to the public. 
In the event of an unavoidable absence of a member at a meeting, even 
though an alternate may not represent a member, a representative of the 
member's organization may attend the session as a nonparticipating 
observer, even if the meeting is closed to the public.
    Meetings will generally be held at the U.S. Customs Service 
Headquarters in Washington, D.C. On occasion, meetings may be held 
outside of Customs Headquarters, generally at a Customs port.

Terms of Service

    Initially, half the members (or as close to half as possible) will 
be appointed for a term of twelve months and the remainder of the 
members will be appointed for a term of twenty-four months. For 
example, should the Committee consist of seven industry members, three 
will be appointed for a term of twelve months and four will be 
appointed for a term of twenty-four months. Thereafter, members will 
serve for a period of twenty-four months. Members who served on the 
Committee during a prior term or terms are eligible to reapply for 
membership. However, it is expected that approximately half of the 
seats on the Committee will be filled with new members.

Applications for Membership

    Any interested person wishing to serve on the Customs COBRA Fees 
Advisory Committee must provide the following: a statement of interest 
and reasons for application together with a complete professional 
biography or resume. In addition, applicants must state in their 
applications that they agree to submit to pre-appointment security and 
tax checks. There is no prescribed format for the application. 
Applicants may send a cover letter describing their interest and 
qualifications, along with a resume. Applications that were previously 
received for membership on the Committee will need to be resubmitted 
for consideration under this document.

    Dated: June 16, 2000.
Raymond W. Kelly,
Commissioner of Customs.
[FR Doc. 00-15780 Filed 6-21-00; 8:45 am]
BILLING CODE 4820-02-P