[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: 19CFR123.76]



[Page 671-672]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

              HOMELAND SECURITY; 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.



[[Page 672]]



    (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.