Public Meetings in New Orleans and Houston on Vessel Entrance and Clearance Procedures

DEPARTMENT OF THE TREASURY

Customs Service

Public Meetings in New Orleans and Houston on Vessel Entrance and

Clearance Procedures

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

ACTION: Notice of public meetings.

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SUMMARY: The United States Customs Service will be holding two public

meetings regarding a recent policy determination regarding the entrance

and clearance requirements for vessels and aircraft servicing offshore

operations beyond the territorial waters of the United States. One

meeting will be held in New Orleans, Louisiana, and the other will be

held in Houston, Texas. This document announces the dates, times and

other particulars of the meetings. Questions which one wishes to have

addressed at the meetings may be communicated in writing to Customs

Headquarters prior to the meetings.

DATES: The meetings will be held at the following dates and times: For

the Houston meeting: June 15, 1998, from 1:00 p.m. until 4:00 p.m. For

New Orleans meeting: June 17, 1998, from 1:00 p.m. until 4:00 p.m. For

submitted written comments to be addressed at meetings: Comments must

be received no later than the close of business June 1, 1998.

ADDRESSES: The meetings will be held at the following locations: For

the Houston meeting: Port of Houston Authority Main Office Bldg., 111

East Loop North, First Floor Training Room, Houston, Texas. For the New

Orleans meeting: New Orleans Customshouse, 423 Canal Street, Room 223,

New Orleans, Louisiana. Written comments should be submitted to: Office

of Field Operations, Trade Compliance, Attn: William Scopa, U.S.

Customs Service, 1300 Pennsylvania Avenue, Washington, D.C. 20229, or

faxed to the attention of William Scopa at (202) 927-1356.

FOR FURTHER INFORMATION CONTACT: Regarding questions about attending

the Houston meeting: please call (281) 985-6700. Regarding questions

about attending the New Orleans meeting: please call (504) 670-2391.

For information regarding the entrance and clearance requirements: for

operational or policy concerns: contact William Scopa at (202) 927-

3112; for regulatory issues: contact Larry Burton at (202) 927-1287.

SUPPLEMENTARY INFORMATION:

Background

Recently, there has been concern regarding uniform Customs

enforcement of the report of arrival requirements set forth in 19

U.S.C. 1433 for any vessel which has received merchandise while outside

of the territorial seas; the formal entry requirements set forth in 19

U.S.C. 1434 for any vessel which has delivered or received merchandise

while outside the territorial seas; and the corresponding clearance

statute, 46 U.S.C. App. 91. The concern is also applicable, through 19

U.S.C. 1644, to enforcement of the report of arrival requirements,

formal entry requirements and clearance requirements for aircraft

receiving and delivering merchandise while outside the territorial

seas. A policy determination by the Customs Service regarding its

interpretation of these statutory requirements has had a substantial

impact on both Customs and the trade.

Much of the concern resulted from an interpretation by the Customs

Service which exempted vessels and aircraft transporting vessel

supplies, bunkers, parts, equipment and crew, out beyond the

territorial sea from entrance and clearance requirements. This

interpretation applied not only to such transactions involving the

delivery or receipt of the mentioned items to fixed-site oil rigs, but

to non-fixed vessels as well.

Customs reexamined the pertinent statutes and determined that the

exemptions for the delivery or receipt of vessel supplies, bunkers,

parts, equipment and crew to non-fixed vessels located beyond the

territorial sea cannot be sustained. It became necessary to immediately

implement the suspension of this exemption. The pertinent statutes are

clear and unambiguous and it would not be proper for Customs to delay

their uniform enforcement.

Customs still, however, holds that vessels or aircraft delivering

or receiving goods or passengers to or from fixed-site rigs are not

subject to entrance and clearance requirements unless unentered foreign

goods are involved in the transportation. Such an interpretation is

consistent with the Outer Continental Shelf Lands Act.

Customs recognizes the fact that there has been an increase in

commerce involving vessels and aircraft supplying necessary goods and

services to numerous domestic and foreign commercial operations just

beyond our territorial waters, especially in the Gulf of Mexico.

Customs is contemplating providing for less burdensome entry and

clearance procedures for vessels and aircraft engaged in these types of

activities within the boundaries of the law.

Before beginning such procedures, Customs believes it would be

beneficial both to the government and to private entities to hold

public meetings on this issue to allow all interested parties an

opportunity to be heard. The public forums will provide Customs with

the opportunity to fully explain the extent of the recent policy

determination.

Since the impact of the Customs policy is most heavily felt by

ports in the Gulf of Mexico, public meetings will be held at the ports

of New Orleans, Louisiana, and Houston, Texas.

At the meetings, personnel from Customs Headquarters will be

available to answer questions regarding the applicability of the laws

and to discuss the possibility of modifying vessel and aircraft

entrance and clearance procedures. Questions relating to the entrance

and clearance requirements under the new policy may be sent to Customs

prior to the meetings. Such questions should be sent to Customs at the

address or fax number set forth at the beginning of this document, and

must be received no later than the close of business on June 1, 1998,

in order to be addressed at the meetings.

Space at the meetings will be limited. Attendance will be

accommodated on a first-come basis.

[[Page 28451]]

Dated: May 19, 1998.

Robert S. Trotter,

Assistant Commissioner. Office of Field Operations.

[FR Doc. 98-13715 Filed 5-21-98; 8:45 am]

BILLING CODE 4820-02-P