Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Proposed Rules 36379

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD), to read as follows:

Bell Helicopter Company, Inc. (BHTI):

Docket No. 94–SW–23–AD.

Applicability: Model 214B and 214B–1

helicopters, certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (e) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required within 25 hours

time-in-service (TIS), unless accomplished

previously.

To prevent fatigue failure of the pillow

block bearing bolts (bearing bolts), part

number (P/N) 20–057–12–48D or –50D,

which could result in failure of the main

rotor system and subsequent loss of control

of the helicopter, accomplish the following:

(a) Create a Retirement Index Number

(RIN) component history card or an

equivalent record for the bearing bolts, P/N

20–057–12–48D or –50D.

(b) Calculate and record on the component

history card the historical accumulated RIN

for the bearing bolts as follows:

(1) When the type of operation (internal or

external load lift), actual flight hours, and

number of external load lifts or takeoffs per

hour are known, multiply the actual flight

hours by the appropriate factor in the

following table for external load lift

operation:

Average No. of external load lift

events per flight hour Factor

0–2.00 ........................................... 6.8

2.01–5.00 ...................................... 13.6

5.01–16.00 .................................... 27.2

16.01–27.00 .................................. 40.8

Above 27.00 .................................. 54.4

When the type of operation is internal load

and no external lifting is involved, each hour

of actual operating time is equal to 6.8 RIN.

(2) When the actual flight hours on the

bolts are known, but the type of operation

(internal or external load lift) is unknown,

multiply the actual flight hours by a factor of

40.8.

(3) When the actual flight hours on the

bolts are unknown, assume 75 flight hours

per month.

(4) When the flight hours on the bolts are

assumed, but the type of operation (internal

or external load lift) is known,

(i) Multiply the number of flight hours

assumed for internal load operations by a

factor of 6.8.

(ii) Multiply the number of flight hours

assumed for external load operations by a

factor of 40.8.

(5) When the flight hours on the bolts are

assumed and the type of operation (internal

or external load lift) is unknown, multiply

the assumed flight hours by a factor of 40.8.

(c) After compliance with paragraphs (a)

and (b) of this AD, during each operation

thereafter, maintain a count of each lift or

takeoff performed and at the end of each

day’s operations, increase the accumulated

RIN on the bearing bolts component history

card as follows:

(1) Increase the RIN by 1 for each takeoff.

(2) Increase the RIN by 1 for each external

load lift, or increase the RIN by 2 for each

external load operation in which the load is

picked up at a higher elevation and released

at a lower elevation and the difference in

elevation between the pickup point and the

release point is 200 feet or greater.

Note 2: Bell Helicopter Textron, Inc. Alert

Service Bulletin 214–94–54, dated November

7, 1994, pertains to the subject of this AD.

(d) Remove the bearing bolts from service

on or before attaining an accumulated RIN of

17,000. The bearing bolts are no longer

retired based upon flight hours. If any of the

four bolts require replacement for any reason,

then all four bolts must be replaced at that

time. This AD revises the Airworthiness

Limitations section of the maintenance

manual by establishing a new retirement life

for the bearing bolts of 17,000 RIN.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Rotorcraft

Certification Office, Rotorcraft Directorate,

FAA. Operators shall submit their requests

through an FAA Principal Maintenance

Inspector, who may concur or comment and

then send it to the Manager, Rotorcraft

Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Certification

Office.

(f) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

Issued in Fort Worth, Texas, on June 23,

1998.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 98–17765 Filed 7–2–98; 8:45 am]

BILLING CODE 4910–13–P

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.

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 §§ 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.
36380 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Proposed Rules

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

§ 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 §§ 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

§ 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 § 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 § 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

§ 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 § 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 §§ 4.3 and 4.61 as

proposed in this document would

permit entry and clearance aboard

vessels. These changes would render

§ 4.16 redundant.

The regulation relating to the granting

of lading and unlading permits in § 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 § 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 § 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 § 1019 of

Pub. L. 102–237 (December 13, 1991).

Amendments are proposed to § 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, § 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), § 1.4, Treasury Department

Regulations (31 CFR 1.4), and

§ 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.
Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Proposed Rules 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

§§ 4.1, 4.9 and 4.68 would be revised,

and a specific authority citation for

§ 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 § 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:

§ 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 § 4.3 to read

as follows:

§ 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 § 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
36382 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Proposed Rules

director or a designated Customs officer

shall formally enter the vessel.

5. It is proposed to revise § 4.8 to read

as follows:

§ 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 § 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 § 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 § 4.9 to read

as follows:

§ 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 § 4.0(b)) as well as,

when arriving by sea, a vessel entitled

to be documented except for its size (see

§ 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 inbond, 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 inbond 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 § 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 § 4.16.

8. It is proposed to amend § 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:

§ 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
Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Proposed Rules 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 § 4.60 by

revising paragraph (a) to read as follows:

§ 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 § 4.61 to

read as follows:

§ 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 inbond, 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 inbond 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 § 4.60 and

this section, the port director shall

verify compliance with respect to the

following matters:

(1) Accounting for inward cargo (see

§ 4.62).

(2) Outward Cargo Declarations;

shippers export declarations (see § 4.63).

(3) Documentation (see § 4.0(c)).

(4) Verification of nationality and

tonnage (see § 4.65).

(5) Verification of inspection (see

§ 4.66).

(6) Inspection under State laws (46

U.S.C. App. 97).

(7) Closed ports or places (see § 4.67).

(8) Passengers (see § 4.68).

(9) Shipping articles and enforcement

of Seamen’s Act (see § 4.69).

(10) Medicine and slop chests.

(11) Load line regulations (see

§ 4.65a).

(12) Carriage of United States

securities, etc. (46 U.S.C. App. 98).

(13) Carriage of mail.

(14) Public Health regulations (see

§ 4.70).

(15) Inspection of vessels carrying

livestock (see § 4.71).

(16) Inspection of meat, meat-food

products, and inedible fats (see § 4.72).

(17) Neutrality exportation of arms

and munitions (see § 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

§ 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 § 4.14).

(21) Illegal discharge of oil (see

§ 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 § 4.68 to

read as follows:

§ 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
36384 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Proposed Rules

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 § 4.70 to

read as follows:

§ 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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Chapter I

[USCG–1998–3798]

RIN 2115–AF13

Numbering of Undocumented Barges

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Coast Guard seeks public

comments on establishing a statutorily

required numbering system for

operating undocumented barges more

than 100 gross tons. The numbering of

these barges would increase owner

accountability and deter their

abandonment, making fewer barges

available for disposal of oil and

hazardous substances.

DATES: Comments must reach the Coast

Guard on or before November 3, 1998.

ADDRESSES: You may mail comments to

the Docket Management Facility

[USCG–1998–3798], U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington DC

20590–0001, or deliver them to room

PL–401, located on the Plaza level of the

Nassif Building at the same address,

between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments will become part

of this docket and will be available for

inspection or copying at room PL–401,

located on the Plaza level of the Nassif

Building at the same address, between

10 a.m. and 5 p.m., Monday through

Friday, except Federal holidays. You

may also access this docket on the

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

information concerning this document,

call Mr. Thomas Willis, Director,

National Vessel Documentation Center,

U.S. Coast Guard, telephone 304–271–

2506. For questions on viewing, or

submitting material to, the docket, call

Dorothy Walker, Chief, Documents,

Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages you to

participate in the early stages of this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this document

[USCG–1998–3798], the specific section

or question in this document to which

your comments apply, and give the

reason for each comment. Please submit

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. If you want

acknowledgment of receipt of your

comments, you should enclose a

stamped, self-addressed postcard or

envelope.

The Coast Guard will consider all

comments received during the comment

period.

The Coast Guard plans no public

meeting. You may request a public

meeting by submitting a comment

requesting one to the address under

ADDRESSES. The request should include

the reasons why a meeting would be

beneficial. If the Coast Guard

determines that a meeting should be

held, we will announce the time and

place in a later notice in the Federal

Register.

Background and Purpose

The Abandoned Barge Act of 1992,

sections 5301 to 5305 of Pub. L. 102–

587 (the Act), enacted on November 4,

1992, added a new chapter 47 to Title

46 of the United States Code (46 U.S.C.

4701–4705) and amended 46 U.S.C.

12301 to require the numbering of

undocumented barges measuring more

than 100 gross tons operating on the

navigable waters of the U.S. In enacting

this legislation, Congress noted that an

abandoned barge could become the site

for the disposal of hazardous cargoes,

wastes, and petroleum products, which

can lead to water pollution incidents.

Numbering these undocumented barges

will increase owner accountability,

reducing the likelihood barges will be

abandoned and used for disposal of oil

and hazardous substances.

Regulatory History

On October 18, 1994, the Coast Guard

published a notice in the Federal

Register [59 FR 52646] requesting

comments on issues related to a

numbering system for undocumented

barges measuring more than 100 gross

tons. The primary issues addressed in

the notice concerned who should

administer a barge numbering system,

what type of number should be

required, and how much the numbering

would cost. The Coast Guard received

twenty-two comments in response to the

notice.

Summary of Comments

The following is a summary of the

comments received in response to the

questions and issues addressed in the

1994 Notice of Request for Comments.

Comments can be viewed on the

Internet at http://dms.dot.gov.

Administering Agency

All comments recommended the

Coast Guard, not the States, administer

a numbering system for undocumented

barges. The comments noted several

difficulties the States would encounter

administering barge numbering

programs, including coordination with

other States, resource burdens, and

enacting State legislation.

The comments discussed several

advantages of having the Coast Guard

administer a barge numbering system,

such as its experience with the vessel

documentation system, the Marine

Safety Information System (MSIS), and

providing a single source for barge

registration.

Undocumented Barge Number

Several comments suggested the Coast

Guard should use a numbering code

similar to the code used for documented

vessels, as long as codes differentiate

between documented and

undocumented barges. Some comments

suggested assigning undocumented

barges Hull Identification Numbers

(HINs), while others suggested painting

the company name and homeport on

barges instead of numbers.

A few comments discussed a

perceived difference between inspected

undocumented barges and uninspected

undocumented barges, and suggested

addressing only uninspected

undocumented barges.

Attaching Numbers to Barges

Some comments suggested that the

barge numbers be permanently welded