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Organization, functions, and authority delegations: Organizational structure; technical corrections,

As Enacted ( Federal Register) Cited authorities 6 Cited in Related
Vincent

[Federal Register: March 22, 1999 (Volume 64, Number 54)]

[Rules and Regulations]

[Page 13673-13677]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22mr99-7]

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Chapter I

[T.D. 99-27]

RIN 1515-AB84

Technical Corrections Regarding Customs Organization

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

SUMMARY: This document makes final, with certain technical corrections, the interim amendments to the Customs Regulations that reflected Customs new organizational structure. The changes are nonsubstantive or merely procedural in nature.

EFFECTIVE DATE: These changes are effective March 22, 1999.

FOR FURTHER INFORMATION CONTACT: Jerry Laderberg, Entry and Carrier Rulings Branch, Office of Regulations and Rulings (202) 927-2077, or Gregory R. Vilders, Regulations Branch, Office of Regulations and Rulings (202) 927-2340.

SUPPLEMENTARY INFORMATION:

Background

On September 27, 1995, Customs published interim regulations in the Federal Register (T.D. 95-77 at 60 FR 50008 and T.D. 95-78 at 60 FR 50020) to implement its new field organization, effective for fiscal year 1996. Because the regulations concerned matters related to agency management and personnel, notice, public procedure, and a delayed effective date were not necessary, and the regulations became effective on October 1, 1995. Even though notice and public procedure were not required, Customs did solicit comments on the interim regulations. The comment period closed November 27, 1995. Only one comment was received, which addressed a very narrow issue concerning brokers' permits. The comment received and Customs response are set forth below.

Discussion of Comment

Comment: The one comment received questioned why Customs stated in the BACKGROUND portion of the interim regulations (T.D. 95-77) that it was eliminating, for the most part, districts and regions from its field organization to place more emphasis on field operations, and then retained this distinction for purposes of brokers' permits. The commenter urged that the 20 Customs Management Centers' geographical boundaries be adopted as the basis for issuing broker permits, rather than use the Service Port boundaries. The commenter objected to the continued use of the terms ``district'' and ``region'' for the limited purposes of regulating the permitting of customs brokers (part 111 of the Customs Regulations) and carriers, cartmen, and lightermen (part 112 of the Customs Regulations), as not being within the spirit of Customs reorganization or the National Performance Review.

Customs Response: Customs does not agree with this assessment. As more fully stated in the BACKGROUND portion of the interim regulations, districts and regions will still exist as geographical descriptions for limited purposes such as for broker permits and certain cartage and lighterage purposes. In the case of brokers, Customs decided to preserve the district permit and region waiver procedures because these procedures are mandated by statute (see, 19 U.S.C. 1641). Also, during the course of the reorganization, Customs consulted with the Customs brokerage industry and was informed that the industry's preference, in the short-term, was to retain the current scheme until it had time to assess the effects of both the new field structure and the automation initiatives made pursuant to the Customs Modernization provisions of the North American Free Trade Agreement Implementation Act (provisions pertaining to the National Customs Automation Program are at 19 U.S.C. 1411). Customs believes that its consultation with the Customs brokerage industry was in the spirit of Customs reorganization and the National Performance Review. Accordingly, at this time no further change to the Customs Regulations is made based on the comment received.

Changes to Interim Regulations

In reviewing the interim regulations, Customs finds that further changes to 95 sections of the regulations must be made to correct grammatical and nomenclature errors. Following is a summary of those changes.

Further nomenclature changes are made to more than 80 sections and Appendices: Secs. 4.14, 4.80a, 4.80b, 10.5, 10.37, 10.39, 12.8, 12.39, 18.8, 18.21, 101.3, 103.0, 103.1, 103.5, 103.7, 103.9, 103.31, 111.13, 111.19, 111.95, 111.96, 113.14, 113.15, 113.38, 113.39, 115.11, 115.13, 115.30, 115.40, 115.51, 115.65, 122.14, 122.165, 122.176, 125.42, 132.14, 133.2, 133.12, 133.32, 134.54, 145.4, 146.2, 146.4, 146.6, 146.83, 162.32, 162.42, 162.44 through 162.50, 162.52, 162.64, 162.65, 162.71, 162.72, 162.74 through 162.79, 162.79b, 171.12, 171.15, 171.21 through 171.23, 171.31, 171.33, and 171.52, Appendices A-C to Part 171, Secs. 172.2, 172.12, 172.21, 172.22, 172.31, 172.33, 175.25, 177.2, and 177.26. These changes, for the most part, continue the conversion of ``district director'' to ``port director'' or to ``Fines, Penalties, and Forfeitures Officer'', replace an obsolete term (``collector'') with ``port director'', replace the Office of Inspection and Control with the Office of Field Operations, and further inform the public of responsible offices and personnel, e.g., ``Disclosure Law Officer'' for Regulations and Disclosure Law Branch. Since publication of the

[[Page 13674]]

interim regulations, Customs Headquarters has been relocated from 1301 Constitution Avenue to 1300 Pennsylvania Avenue in Washington, D.C. Accordingly, this street address change is made to the 19 sections where a writing address is provided. The change to the ports-of-entry listing at Sec. 101.3 entails moving the listing for ``Longview'' from Oregon to Washington, which is where the port is physically located. Also, a change is made to Sec. 103.1 to show the correct street address for the Boston reading room facility where public documents are maintained.

Grammatical changes to make the text read more clearly are made to 9 sections: Secs. 4.41, 10.172, 19.2, 19.3, 19.40, 24.4, 24.36, 101.0, and 101.4. Most of these changes are in the form of substituting prepositional phrases, i.e., replacing ``in'' with ``at'' or removing redundant references to port directors at ports.

Inapplicability of the Delayed Effective Date Requirement, the Regulatory Flexibility Act, and Executive Order 12866

Inasmuch as these amendments merely advise the public of Customs field and Headquarters organization, and make certain technical corrections to the organization that is currently in place under interim regulations, it is determined that good cause exists under the provisions of 5 U.S.C. 553(d)(2) and (3) for dispensing with the requirement for a delayed effective date. Because no notice of proposed rulemaking was required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This document 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, Attorney, Office of Regulations and Rulings, Regulations Branch. However, personnel from other offices participated in its development.

List of Subjects

19 CFR Part 101

Customs duties and inspection, Customs ports of entry, Exports, Foreign trade statistics, Imports, Organization and functions (Government agencies), Reporting and recordkeeping requirements.

19 CFR Part 132

Agriculture and agricultural products, Customs duties and inspection, Quotas.

19 CFR Part 146

Customs duties and inspection, Entry, Foreign trade zones, Imports, Reporting and recordkeeping requirements.

Amendments to the Regulations

As discussed in the preamble and under the authority of 19 U.S.C. 66 and 1624, the interim rule amending 19 CFR parts 4, 19, 24, 101, 103, 111, 112, 113, 118, 122, 127, 141, 142, 146, and 174 of the Customs Regulations (19 CFR 4, 19, 24, 101, 103, 111, 112, 113, 118, 122, 127, 141, 142, 146, and 174), published on September 27, 1995, in the Federal Register at 60 FR 50008, and the interim rule amending chapter I of the Customs Regulations (19 CFR chapter I) published on September 27, 1995, in the Federal Register at 60 FR 50020, are adopted as final with the following changes:

PART 101--GENERAL PROVISIONS

  1. The authority citation for part 101 continues to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 20, Harmonized Tariff Schedule of the United States), 1623, 1624.

    Sec. 101.3 [Amended]

  2. Section 101.3(b)(1) is amended by removing the entry for ``Longview'' under the state of Oregon and adding it, in appropriate alphabetical order, under the state of Washington.

    Sec. 101.4 [Amended]

  3. In Sec. 101.4(d), the last sentence is amended by removing the words ``in a port'' and adding the word ``local'' before the words ``port director''.

    PART 132--QUOTAS

  4. The general authority citation for part 132 continues to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff Schedule of the United States (HTSUS)), 1623, 1624. * * * * *

    Sec. 132.14 [Amended]

  5. In Sec. 132.14(a)(4):

    1. The introductory text of paragraph (a)(4)(i) is amended by removing the words ``, the port director'';

    2. Paragraph (a)(4)(i)(A) is amended by removing the word ``May'' and adding, in its place, the words ``The port director may'' and by removing the comma at the end and adding, in its place, a semicolon;

    3. Paragraph (a)(4)(i)(B) is amended by removing the word ``Shall'' and adding, in its place, the words ``The port director shall'' and by removing the word ``, and'' at the end and adding, in its place, a semicolon;

    4. Paragraph (a)(4)(i)(C) is amended by removing the word ``May'' and adding, in its place, the words ``The port director may'' and by removing the period at the end and adding, in its place, a semicolon followed by the word ``and'';

    5. The introductory text of paragraph (a)(4)(ii) is amended by removing the words ``, the port director'';

    6. Paragraph (a)(4)(ii)(A) is amended by removing the word ``Shall'' and adding, in its place, the words ``The port director shall'' and by removing the word ``, and'' at the end and adding, in its place, a semicolon; and

    7. Paragraph (a)(4)(ii)(B) is amended by removing the word ``May'' and adding, in its place, the words ``The port director may'' and by removing the period at the end and adding, in its place, a semicolon followed by the word ``and''.

    PART 146--FOREIGN TRADE ZONES

  6. The authority citation for part 146 continues to read as follows:

    Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 20, Harmonized Tariff Schedule of the United States), 1623, 1624.

  7. Section 146.1(b) is amended by removing the numerical designation for each paragraph, alphabetizing the 23 existing entries, and by adding, in appropriate alphabetical order, the following definition:

    Sec. 146.1 Definitions.

    * * * * *

    (b) * * *

    Port Director. For those foreign trade zones located within the geographical limits of a port of entry, the term ``port director'' means the director of that port of entry. For those foreign trade zones located outside the geographical limits of a port of entry, the term ``port director'' means the director of the port of entry geographically nearest to where the foreign trade zone is located. * * * * *

  8. In the list below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add, in their place, the words indicated in the right column; when there are no replacement words, the ``Add'' column will be blank:

    [[Page 13675]]

    Section

    Remove

    Add

    4.14(b)(2)(ii), (d)(1)(v), and Entry and Carrier Rulings............ Entry Procedures and Carriers (d)(2)(iii). 4.41(b) and (c).................... in which............................. where 4.80a(d)........................... Entry and Carrier Rulings............ Entry Procedures and Carriers 4.80b(b)........................... Entry and Carrier Rulings............ Entry Procedures and Carriers 10.5 heading....................... district director's.................. port director's 10.37 third sentence............... Tariff Classification Appeals........ Commercial Rulings 10.37 fourth sentence.............. the port directors................... a Fines, Penalties, and Forfeitures Officer's 10.39(d)(1) first sentence, and (e) port director........................ Fines, Penalties, and Forfeitures second sentence.

    Officer 10.39(d)(1) second sentence, (e) Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures introductory text, (e)(1)-(3), and Officer.

    Officer (f). 10.172............................. port director........................ the port director 12.8(b)............................ port director........................ Fines, Penalties, and Forfeitures Officer 12.39(b)(4)........................ the district directors............... port directors 18.8(d) and (e)(2) last sentence... Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures Officer.

    Officer 18.21(c)........................... collector............................ port director 19.2(a)............................ port director wherein................ director of the port nearest to where 19.3(a)............................ at a port in which............................. nearest to where 19.40(b) first sentence............ at a port in which the facility is located..... in which the facility is located, or if not within a port's limits, nearest to where the facility is located 24.4(h)(2) and (3)................. in any port.......................... at any port 24.36(e)(2)........................ in the same.......................... at the same 101.0.............................. and of............................... and 101.4(a) and (b)................... in which such station or place is under whose jurisdiction the station located.

    or place falls 103.0.............................. a disclosure law officer, the

    the appropriate field officer director of a service port, or the local public information officer. 103.1.............................. 1301 Constitution.................... 1300 Pennsylvania Boston, 100 Summer Street, Suite Boston, 10 Causeway Street, Boston, 1819, Boston, Massachusetts 02110. Massachusetts 02222 103.5(d)........................... 1301 Constitution.................... 1300 Pennsylvania 103.5(d)(2) heading................ Service ports........................ Field offices 103.5(d)(2)........................ at which............................. , or if the records concern the Office of Investigations, the special agent in charge, where 103.7(a)........................... 1301 Constitution.................... 1300 Pennsylvania 103.9(b)........................... 1301 Constitution.................... 1300 Pennsylvania 103.31(d)(1)(iii).................. 1301 Constitution.................... 1300 Pennsylvania 103.31(d)(1)(iv)................... Regulations and Disclosure Law Branch Disclosure Law Officer 103.31(d)(2)(iii).................. 1301 Constitution.................... 1300 Pennsylvania 111.13(b).......................... at each district office 111.19(d).......................... Trade Compliance Division............ Office of Field Operations 111.95............................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures Officer or other Customs Service. Officer 111.96(c).......................... at each port in which a broker has a at the port through which the broker permit to do business.

    was granted the permit 113.14............................. Tariff Classification Appeals........ International Trade Compliance 113.15............................. Tariff Classification Appeals........ International Trade Compliance 113.38(c)(1)....................... Tariff Classification Appeals........ International Trade Compliance 113.38(c)(4)....................... Commercial Rulings................... International Trade Compliance 113.39 introductory text, (a), and port director........................ port director or Fines, Penalties, (a)(5).

    and Forfeitures Officer 113.39(a) introductory text........ Tariff Classification Appeals........ International Trade Compliance 113.39(b).......................... district director and regional

    port director and Fines, Penalties, commissioner.

    and Forfeitures Officer Commercial Rulings................... International Trade Compliance 115.11(b).......................... Inspection and Control, 1301

    Field Operations, 1300 Pennsylvania Constitution. 115.13 introductory text........... Inspection and Control, 1301

    Field Operations, 1300 Pennsylvania Constitution. 115.30............................. Inspection and Control, 1301

    Field Operations, 1300 Pennsylvania Constitution. 115.40............................. Inspection and Control, 1301

    Field Operations, 1300 Pennsylvania Constitution. 115.51............................. Inspection and Control, 1301

    Field Operations, 1300 Pennsylvania Constitution. 115.65............................. Inspection and Control, 1301

    Field Operations, 1300 Pennsylvania Constitution. 122.14(a)(1)....................... regional commissioner, or his

    director of the port, or his representative, of the region in. representative, at the port nearest to 122.165(b)......................... Entry and Carrier Rulings............ Entry Procedures and Carriers 122.176(c) and (d)................. Inspection and Control............... Field Operations 125.42............................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures Officer.

    Officer 132.14(a)(4)(i)(D) and

    port director........................ Fines, Penalties, and Forfeitures (a)(4)(ii)(C).

    Officer 133.2 introductory text............ 1301 Constitution.................... 1300 Pennsylvania 133.12 introductory text........... 1301 Constitution.................... 1300 Pennsylvania 133.32 introductory text........... 1301 Constitution.................... 1300 Pennsylvania 134.54(b) and (c).................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures Officer.

    Officer 145.4(b) and (d)................... Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures Officer.

    Officer

    [[Page 13676]]

    146.2.............................. port director where the zone is

    appropriate port director located. 146.4(h)........................... port limits.......................... district boundaries 146.6(a) first sentence............ geographically nearest to where the zone is located 146.83(a).......................... Tariff Classification Appeals........ International Trade Compliance 162.32(a) and (c).................. port director........................ Fines, Penalties, and Forfeitures Officer 162.42............................. port director........................ Fines, Penalties, and Forfeitures Officer 162.44(a).......................... director of.......................... Fines, Penalties, and Forfeitures Officer having jurisdiction at 162.44(b)(1), (b)(1)(ii), (b)(2), port director........................ Fines, Penalties, and Forfeitures and (c).

    Officer 162.45(a)(3) and (4) and (c)....... port director........................ Fines, Penalties, and Forfeitures Officer 162.45(b)(1)....................... in the Customs district and the

    circulated at the Customs port and judicial district in which.

    in the judicial district where 162.45(b)(2)....................... and in the customhouse at the headquarters port for the Customs district 162.45a............................ port director........................ Fines, Penalties, and Forfeitures Officer 162.46(c)(1)....................... port director........................ Fines, Penalties, and Forfeitures Officer 162.46(d).......................... port director........................ Fines, Penalties, and Forfeitures Officer 162.47(a), (d), and (e)............ port director........................ Fines, Penalties, and Forfeitures Officer 162.48(a).......................... port director........................ Fines, Penalties, and Forfeitures Officer 162.49(a).......................... port director........................ Fines, Penalties, and Forfeitures Officer 162.50(a).......................... port director........................ Fines, Penalties, and Forfeitures Officer 162.50(b) heading.................. districts............................ ports 162.50(b).......................... in another Customs district.......... at another port in such other district............... at such other port 162.52(b)(2)....................... port director........................ Fines, Penalties, and Forfeitures Officer 162.52(b)(4)....................... port director........................ Fines, Penalties, and Forfeitures Officer 162.64............................. director of the port................. Fines, Penalties, and Forfeitures Officer having jurisdiction 162.65(c), (d), (e) introductory port director........................ Fines, Penalties, and Forfeitures text, and (e)(1).

    Officer 162.71(e)(4)....................... port director........................ Fines, Penalties, and Forfeitures Officer 162.72(a).......................... port director........................ Fines, Penalties, and Forfeitures Officer 162.74(a)(2)....................... Fines, Penalties and Forfeitures Fines, Penalties, and Forfeitures Officer.

    Officer Fines, Penalties and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 162.74(b), (c), (e), and (f)....... Fines, Penalties and Forfeitures Fines, Penalties, and Forfeitures Officer.

    Officer 162.75(c), (d)(1), (d)(2)

    port director........................ Fines, Penalties, and Forfeitures introductory text, (d)(2)(i), and

    Officer (d)(3). 162.76(a).......................... port director........................ Fines, Penalties, and Forfeitures Officer 162.77(a).......................... port director........................ Fines, Penalties, and Forfeitures Officer 162.78(a), (b), and (d)............ port director........................ Fines, Penalties, and Forfeitures Officer 162.79(a) and (b)(1)............... port director........................ Fines, Penalties, and Forfeitures Officer 162.79b............................ port director........................ Fines, Penalties, and Forfeitures Officer 171.12(a) and (e).................. Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 171.15(a) introductory text........ Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 171.15(a)(4)....................... 1301 Constitution.................... 1300 Pennsylvania 171.15(a)(4) and (7)............... Fines, Penalties and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 171.21 heading and text............ Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 171.22 heading and text............ Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 171.23............................. 1301 Constitution.................... 1300 Pennsylvania 171.31............................. Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 171.33(a) introductory text, (b)(1) Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures heading and text, (b)(2), and (c). Officer.

    Officer 171.52(d).......................... Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer Part 171 Appendix A: III, 9........ Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer Part 171 Appendix B: (D)(1), (5), Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures and (6).

    Officer.

    Officer Part 171 Appendix B: (D)(6)........ Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer's.

    Officer's Part 171 Appendix C: I.A., I.D. and Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Note to I.D..

    Officer.

    Officer Part 171 Appendix C: I.D. Note and Director, International Trade

    Chief, Penalties Branch, Customs I.G.

    Compliance Division.

    Headquarters Part 171 Appendix C: I.E........... Trade Operations..................... Trade Compliance Regulatory Procedures and Penalties.. International Trade Compliance Part 171 Appendix C: I.G........... Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer Part 171 Appendix C: XIII.......... Field Operations Division, Office of Office of Trade Compliance at Trade Operations.

    Headquarters 172.2.............................. Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 172.12(a).......................... Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 172.12(b)(1)....................... Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 172.21 heading..................... Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 172.21............................. port director........................ Fines, Penalties, and Forfeitures Officer 172.22 heading, (b)(3) introductory Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures text, (b)(3)(ii), (d)(2) and (4). Officer.

    Officer 172.22(a).......................... Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officers.

    Officers

    [[Page 13677]]

    172.31(a).......................... Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures Officer.

    Officer 172.33(a) introductory text, (b)(1) Fines, Penalty, and Forfeiture

    Fines, Penalties, and Forfeitures heading and text, (b)(1)(ii),

    Officer.

    Officer (b)(2), and (c)(1). 175.25(c).......................... district director.................... port director 177.2(b)(2)(ii)(C)................. Tariff Classification Appeals........ Commercial Rulings 177.26............................. 1301 Constitution.................... 1300 Pennsylvania

    Raymond W. Kelley, Commissioner of Customs.

    Approved: February 17, 1999. John P. Simpson, Deputy Assistant Secretary of the Treasury.

    [FR Doc. 99-6639Filed3-19-99; 8:45 am]

    BILLING CODE 4820-02-P

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