[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR123.76]

[Page 597]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents
 
            Subpart H--Land Border Carrier Initiative Program
 
Sec. 123.76  Authorization by Customs for participants to use certain drivers.

    (a) Responsibilities of LBCIP participants. An LBCIP participant is 
required, pursuant to Sec. 123.73 of this part, to list the drivers 
designated to transport merchandise into the United States for the 
carrier to enable Customs to conduct background checks. An LBCIP 
participant is also required, pursuant to Sec. 123.72 of this part, to 
conduct, to the extent allowed by law, employment and criminal history 
checks on all personnel designated to participate in the LBCIP; these 
personnel include drivers.
    (b) Authorization of drivers by Customs. Customs may not approve a 
carrier for participation in the LBCIP if it determines that there is 
evidence that a driver designated by a carrier has been involved in 
criminal or dishonest conduct or it may request that the carrier not use 
that driver before approving the carrier for participation. Once a 
carrier has been accepted in the LBCIP, Customs may determine to cancel 
a particular driver's authorization to transport merchandise for a LBCIP 
carrier for the reasons set forth in paragraph (c) of this section.
    (c) Reasons for cancellation of driver's authorization. Customs may 
cancel a driver's authorization to transport merchandise for an LBCIP 
participant for any of the following reasons:
    (1) The designated driver is indicted for, convicted of, or has 
committed acts which would constitute any felony or misdemeanor under 
United States Federal or State law. In the absence of an indictment, 
conviction, or other legal process, the port director must have probable 
cause to believe the proscribed acts occurred;
    (2) The designated driver allows an unauthorized person or entity to 
use his LBCIP certificate or other approved form of identification;
    (3) The designated driver misuses authorized conveyances;
    (4) The designated driver refuses or otherwise fails to follow any 
proper order of a Customs officer or any Customs order, rule, or 
regulation; or
    (5) The designated driver fails to operate in accordance with the 
terms of the written agreement.
    (d) Notice; rights of driver. (1) If driver not acceptable to 
Customs at time of review of carrier's application. When Customs 
notifies a carrier-applicant, pursuant to Sec. 123.74 of this part, of 
its nonselection into the LBCIP because of conduct committed by a driver 
designated by the carrier or when Customs conditionally approves a 
carrier-applicant's participation in the LBCIP, but does not approve a 
driver designated on the application to be authorized to transport 
merchandise under the LBCIP, Customs will also notify the driver of the 
decision in writing and recite the driver's appeal rights under 
paragraph (e) of this section.
    (2) If driver's authorization cancelled. When Customs makes a 
determination to cancel the authorization of a particular designated 
driver, pursuant to Sec. 123.76(b) of this section, Customs will notify 
both the carrier-participant and the driver of the decision in writing; 
the notice to the driver will recite the driver's appeal rights under 
paragraph (e) of this section.
    (e) Appeal rights of drivers. Drivers who receive a notice of 
nonselection or cancellation and who wish to appeal the decision shall 
file a written appeal with the Assistant Commissioner, Office of Field 
Operations, U.S. Customs Service, Washington, D.C. 20229, within 10 
calendar days of receipt of the notice. The appeal shall be filed in 
duplicate and shall set forth the driver's responses to the grounds 
specified by the port director in the notice. Within 30 working days of 
receipt of the appeal, the Assistant Commissioner, or his designee, 
shall make a determination regarding the appeal and notify the applicant 
in writing.