[Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
[Proposed Rules]
[Pages 61251-61252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30049]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / 
Proposed Rules

[[Page 61251]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 123

RIN 1515-AC12


Designated Land Border Crossing Locations for Certain Conveyances

AGENCY: Customs Service, Treasury.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This document proposes to amend the Customs Regulations to 
allow Customs to designate certain land border crossing locations for 
specified traffic and merchandise. It is proposed to grant port 
directors the express authority to require that certain types of 
vehicles or vehicles carrying certain types of merchandise enter the 
United States only at designated locations within the jurisdiction of 
the port director. Allowing port directors to divert particular traffic 
to specific facilities equipped with appropriate inspection facilities 
will enable Customs to better balance its resources, reduce border 
crossing congestion, and more efficiently perform inspections of 
conveyances and imported merchandise while reducing risks to public 
health and safety.

DATES: Comments must be received on or before January 16, 1998.

ADDRESSES: Written comments (preferably in triplicate) may be addressed 
to the Regulations Branch, Office of Regulations and Rulings, U.S. 
Customs Service, 1300 Pennsylvania Avenue, NW, Washington, DC 20229. 
Comments submitted may be inspected at the Regulations Branch, Office 
of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania 
Avenue, NW, 3rd Floor, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ed Schack, Office of Field Operations, 
(202) 927-0251.

SUPPLEMENTARY INFORMATION:

Background

    A port of entry, for Customs purposes, is any place that has been 
designated by Executive Order of the President, by order of the 
Secretary of the Treasury, or by Act of Congress as a place where a 
Customs officer is authorized to accept entries of merchandise, to 
collect duties, and to enforce the various provisions of the Customs 
and navigation laws. A Customs station, for Customs purposes, is any 
place, other than a port of entry, at which Customs officers or 
employees are stationed to enter and clear vessels, accept entries of 
merchandise, collect duties, and enforce the various provisions of the 
Customs and navigation laws of the United States. See 19 CFR 101.1. 
Regarding the entry of vehicles, pursuant to section 433 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1433), vehicles may arrive in the 
United States only at border crossing points designated by the 
Secretary of the Treasury, and the person in charge of the vehicle, 
except as otherwise authorized by the Secretary, shall, immediately 
upon the vehicle's arrival, report the vehicle's arrival and present 
the vehicle and all persons and merchandise (including baggage) on 
board for inspection to the Customs officer at the Customs facility 
designated for that crossing point. Failure to report such arrival and 
make such presentation for inspection may result in the application of 
civil and criminal penalties, as provided under 19 U.S.C. 1436, in 
addition to other penalties applicable under other provisions of law. 
See 19 U.S.C. 1459 and 1497. Customs reporting and inspection 
requirements applicable to individuals and vehicles entering the United 
States at land border crossings are delineated at Sec. 123.1, Customs 
Regulations (19 CFR 123.1).
    Generally, entry into the United States may be accomplished at any 
designated border crossing point. However, certain vehicles or imported 
merchandise carried thereon could be processed more thoroughly, safely, 
and expeditiously by having the vehicle report to a particular border 
crossing point designed to handle the identified vehicle or 
merchandise, rather than by allowing the vehicle or merchandise to be 
entered at any border crossing point. Also, in the interests of 
improving cross-border traffic as well as Customs law enforcement 
effectiveness, there are some border crossing points that could provide 
better service by being restricted to noncommercial traffic and 
pedestrians. Customs port directors may wish to limit certain traffic 
in this manner for many reasons, including for purposes of reducing 
congestion at a particular border crossing point or for purposes of 
protecting public health and safety. For example, the rerouting of 
hazardous material cargoes to alternate facilities in less-populated 
areas within a port of entry or at Customs stations under the 
jurisdiction of the port director may offer a dual benefit for a 
heavily populated downtown area by relieving traffic congestion and 
removing the threat of a catastrophic hazardous material spill. In this 
regard, certain crossing facilities are better equipped than others to 
handle certain kinds of traffic, such as trucks carrying hazardous 
materials.
    Accordingly, Customs proposes to amend Sec. 123.1(b) of the Customs 
Regulations (19 CFR 123.1(b)) (relating to report of arrival and 
presentation requirements) to provide that port directors, for good 
cause, may require certain types of vehicles or vehicles that carry 
certain types of merchandise be routed to a particular border crossing 
facility within the jurisdiction of the port director. If a particular 
border crossing point is so designated by a port director, it is 
proposed that the port director will communicate this to the public by 
the same means already specified in paragraph (d) of Sec. 123.1 for 
local instructions regarding report of arrival.

Comments

    Before adopting this proposed regulation as a final rule, 
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 
of the Treasury Department Regulations (31 CFR 1.4), and Sec. 103.11(b) 
of the 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, 
Office of Regulations and Rulings, U.S. Customs Service, 1300 
Pennsylvania Avenue, NW., 3rd Floor, Washington, DC.

[[Page 61252]]

Inapplicability of the Regulatory Flexibility Act and Executive Order 
12866

    Pursuant to provisions of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.), it is certified that, if adopted, the proposed amendment 
will not have a significant economic impact on a substantial number of 
small entities. The proposed amendment provides for the expeditious 
processing of certain conveyances at designated locations within a port 
of entry or at Customs stations designed to best provide inspection 
services for the identified conveyances, and concerns issues of public 
health and safety. Accordingly, the proposed amendment is not subject 
to the regulatory analysis or other requirements of 5 U.S.C. 603 and 
604. This amendment does not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.
    Drafting Information: The principal author of this document was 
Gregory R. Vilders, 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 123

    Administrative practice and procedure, Canada, Common carriers, 
Customs duties and inspection, Entry of merchandise, Imports, 
International boundaries (Land border), Mexico, Reporting and 
recordkeeping requirements.

Proposed Amendments to the Regulations

    For the reasons stated above, it is proposed to amend Part 123 of 
the Customs Regulations (19 CFR part 123), as set forth below:

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

    1. The authority citation for Part 123 continues to read in part as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1624; 
Section 123.1 also issued under 19 U.S.C. 1459;
* * * * *
    2. In Sec. 123.1, paragraph (b) is amended by adding two new 
sentences after the first sentence to read as follows:


Sec. 123.1  Report of arrival from Canada or Mexico and permission to 
proceed.

* * * * *
    (b) Vehicles. * * * A port director, for good cause such as 
reducing traffic congestion or to protect public health and safety, may 
require certain types of vehicles or vehicles carrying certain types of 
merchandise to enter only at specified border crossing points within 
the jurisdiction of the port director. The port director shall 
communicate this requirement to the public by means of local 
instructions, as provided in paragraph (d) of this section. * * *
* * * * *
George J. Weise,
Commissioner of Customs.
    Approved: September 24, 1997
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-30049 Filed 11-14-97; 8:45 am]
BILLING CODE 4820-20-P