[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR101.9]

[Page 399]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 101--GENERAL PROVISIONS--Table of Contents
 
Sec. 101.9  Test programs or procedures; alternate requirements.

    (a) General testing. For purposes of conducting a test program or 
procedure designed to evaluate the effectiveness of new technology or 
operational procedures regarding the processing of passengers, vessels, 
or merchandise, the Commissioner of Customs may impose requirements 
different from those specified in the Customs Regulations, but only to 
the extent that such different requirements do not affect the collection 
of the revenue, public health, safety, or law enforcement. The 
imposition of any such different requirements shall be subject to the 
following conditions:
    (1) Defined purpose. The test is limited in scope, time, and 
application to such relief as may be necessary to facilitate the conduct 
of a specified program or procedure;
    (2) Prior publication requirement. Whenever a particular test allows 
for deviation from any regulatory requirements, notice shall be 
published in the Federal Register not less than thirty days prior to 
implementing such test, followed by publication in the Customs Bulletin. 
The notice shall invite public comments concerning the methodology of 
the test program or procedure, and inform interested members of the 
public of the eligibility criteria for voluntary participation in the 
test and the basis for selecting participants.
    (b) NCAP testing. For purposes of conducting an approved test 
program or procedure designed to evaluate planned components of the 
National Customs Automation Program (NCAP), as described in section 
411(a)(2) of the Tariff Act of 1930 (19 U.S.C. 411), the Commissioner of 
Customs may impose requirements different from those specified in the 
Customs Regulations, but only to the extent that such different 
requirements do not affect the collection of the revenue, public health, 
safety, or law enforcement. In addition to the requirement of paragraph 
(a)(1) of this section, the imposition of any such different 
requirements shall be subject to the following conditions:
    (1) Prior publication requirement. For tests affecting the NCAP, 
notice shall be published in the Federal Register not less than thirty 
days prior to implementing such test, followed by publication in the 
Customs Bulletin. The notice shall invite public comments concerning any 
aspect of the test program or procedure, and inform interested members 
of the public of the eligibility criteria for voluntary participation in 
the test and the basis for selecting participants; and,
    (2) Post publication requirement. Within a reasonable time period 
following the completion of the test, a complete description of the 
results shall be published in both the Federal Register and the Customs 
Bulletin.

[T.D. 95-21, 60 FR 14214, Mar. 16, 1995]