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.

Proposed Rules Federal Register

61251

Vol. 62, No. 221

Monday, November 17, 1997

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 § 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 § 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 § 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), § 1.4 of the Treasury Department

Regulations (31 CFR 1.4), and

§ 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.
61252 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Proposed Rules

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 § 123.1, paragraph (b) is

amended by adding two new sentences

after the first sentence to read as

follows:

§ 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

INTERNATIONAL TRADE

COMMISSION

19 CFR Part 201

Revision of Public Notice, Freedom of

Information Act, and Privacy Act

Regulations, and Implementation of

Electronic Freedom of Information Act

Amendments of 1996

AGENCY: International Trade

Commission.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The United States

International Trade Commission

(Commission) proposes to amend its

rules of practice and procedure to make

certain changes to rules relating to

public notices, availability of

information under the Freedom of

Information Act (FOIA), and

safeguarding of individual privacy

under the Privacy Act of 1974 (Privacy

Act). The intended effect of the changes

is to implement the Electronic Freedom

of Information Act Amendments of 1996

and otherwise to bring the rules into

conformity with current Commission

practices and procedures, and with

current costs of providing services.

DATES: Comments must be submitted on

or before Decemnber 17, 1997.

ADDRESSES: Written comments (original

and 14 copies) concerning these

proposed rule amendments may be

submitted to the Secretary, U.S.

International Trade Commission, 500 E.

Street, SW, Washington, DC 20436.

FOR FURTHER INFORMATION: For further

information contact the following

persons in the Commission’s Office of

General Counsel: For the proposed

Privacy Act and public notice rules

amendments, Paul R. Bardos, telephone

202–205–3102; and for the proposed

FOIA rules amendments, William W.

Gearhart, telephone 202–205–3091.

Hearing impaired individuals are

advised that information on this matter

can be obtained by contacting the

Commission’s TDD terminal at (202)

205–1810.

SUPPLEMENTARY INFORMATION: Section

335 of the Tariff Act of 1930 (19 U.S.C.

1335) authorizes the Commission to

adopt such reasonable procedures and

rules and regulations as it deems

necessary to carry out its functions and

duties.

Public Notices

Commission rule § 201.10, which

relates to public notices, currently

provides that the Commission, inter

alia, will publish a notice for every

properly filed document that it receives,

and that the Commission will furnish an

announcement regarding notices to the

Treasury Department for publication in

Treasury Decisions and to the

Department of Commerce for

publication in International Commerce.

The Commission seeks to bring the rule

into conformity with current agency

practice and eliminate both

requirements. Because the Commission

believes that it would be wasteful and

unnecessary to provide public notice for

every document filed, agency practice

has been to not issue such notices.

Nevertheless, the Commission will

retain the discretion to provide public

notification of properly filed documents

as appropriate. The Commission no

longer furnishes announcements of all

public notices to Treasury and

Commerce for further publication by

those agencies and the agencies have

not objected.

Freedom of Information Act

The Commission’s Freedom of

Information Act rules are set forth in

subpart C of part 201 (currently 19 CFR

201.17 through 201.21). The

Commission proposes to amend

§§ 201.17, 201.18, and 201.20 to provide

for expedited treatment of certain FOIA

requests (as required by the Electronic

Freedom of Information Act

Amendments of 1996 (Pub.L. 104–231)),

adjust its charges for search, review, and

computer time to reflect current agency

staff salary levels, and make certain

other changes to clarify and update the

rules.

More specifically, the Commission

proposes to reorganize and amend

§ 201.17 of its rules to provide, in new

paragraph (b), for expedited processing

of FOIA requests under certain

circumstances. The Commission also

proposes to amend paragraph (a) of

§ 201.17 to state that FOIA requests will

be processed in the order in which they