[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR101.9]



[Page 437]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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]



[[Page 438]]