Federal Register / Vol. 65, No. 126 / Thursday, June 29, 2000 / Proposed Rules 40069

importer makes a claim for duty-free

admission under this section and

General Note 6, HTSUS, by properly

entering qualifying merchandise under a

provision for which the rate of duty

‘‘Free (C)’’ appears in the ‘‘Special’’

subcolumn of the HTSUS and by

placing the special indicator ‘‘C’’ on the

entry summary. The fact that qualifying

merchandise has previously been

exported with benefit of drawback does

not preclude free entry under this

section.

(d) Importer certification. In making a

claim for duty-free admission as

provided for under paragraph (c) of this

section, the importer is deemed to

certify, in accordance with General Note

6(a)(ii), HTSUS, that the imported

merchandise is civil aircraft as

described in paragraph (a) or paragraph

(b) of this section or has been imported

for use in civil aircraft and will be so

used.

(e) Documentation. Each entry

summary claiming duty-free admission

for imported merchandise in accordance

with paragraph (c) of this section must

be supported by the written order or

contract and any additional

documentation Customs may require to

verify the claim for duty-free admission,

including evidence of compliance with

the FAA certification requirement of

paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii)

of this section. This required

documentation need not be filed with

the entry summary, but must be

maintained in accordance with the

recordkeeping provisions of part 163 of

this chapter. An importer not in

possession of the required supporting

documentation at the time of entry may

not then claim duty-free admission

under this section but may later make a

duty-free claim after entry in accordance

with paragraph (f) of this section.

Customs may request production of

supporting documentation at any time

to verify the claim for duty-free

admission. Proof of end use of the

entered merchandise need not be

maintained.

(f) Post-entry claim. An importer may

file a claim for duty-free treatment

under General Note 6, HTSUS, after

filing an entry that made no such dutyfree claim, by filing a written statement

with Customs any time prior to

liquidation or prior to the liquidation

becoming final. When filed, the written

statement constitutes the importer’s

deemed certification. In accordance

with General Note 6, HTSUS, any

refund resulting from a claim made

under this paragraph will be without

interest, notwithstanding the provision

of 19 U.S.C. 1505(c).

(g) Verification. The port director will

monitor and periodically audit selected

entries made under this section.

Approved: June 7, 2000.

Raymond W. Kelly,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–16406 Filed 6–28–00; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 181

[CGD 92–065]

RIN 2115–AE37

Hull Identification Numbers for

Recreational Boats

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of

proposed rulemaking; termination.

SUMMARY: The Coast Guard is

terminating its rulemaking intended to

amend its regulations on the

identification number placed on the

hull of a vessel. There is no consensus

on the format for an expanded HIN and

the Coast Guard lacks sufficient data to

demonstrate that the benefits clearly

outweigh the costs and burdens,

particularly for small entities and the

builders of high-volume, low cost boats.

DATES: This proposed rulemaking is

terminated on June 29, 2000.

FOR FURTHER INFORMATION CONTACT:

Alston Colihan, Office of Boating Safety,

Recreational Boating Product Assurance

Division, 202–267–0981.

SUPPLEMENTARY INFORMATION:

Regulatory History

The Coast Guard published a Notice

of Proposed Rulemaking in the Federal

Register (59 FR 23651) on May 6, 1994,

proposing to expand the existing 12-

character hull identification number

(HIN) to include certain vessel-specific

information similar to the Vehicle

Identification Number (VIN) on an

automobile. A check digit in the

expanded HIN would make alteration of

an HIN more difficult, thereby helping

to prevent fraud in the sale of vessels.

Major objections to the proposed 19-

character HIN were received based on

the increased information collection

burdens, particularly on small entities

and the builders of high-volume, low

cost boats, such as canoes, kayaks, and

inflatables. In addition, the International

Standards Organization (ISO) had

finalized an HIN standard consisting of

the existing Coast Guard 12-character

HIN format preceded by a 2-character

country code and a hyphen.

Manufacturers in the U.S. who export to

Europe would be using the ISO HIN

standard beginning with the 1996 model

year. Builders would have to affix HINs

in two different formats or know in

advance whether a boat would be sold

in the U.S. or in Europe.

In consideration of the objections

received about information-collection

burdens, we published a Supplemental

Notice of Proposed Rulemaking

(SNPRM) in the Federal Register on

February 21, 1997 (62 FR 7971)

announcing a proposal to align the HIN

with the recently adopted ISO 14-

character HIN standard. We received 31

comments nearly all of which were

opposed to the 14-character ISO HIN

format. Some of the comments indicated

that, if the Coast Guard were to adopt

the ISO format instead of an HIN format

consisting of vessel-specific characters

and a check digit, some States might

refuse to participate in the development

of the Vessel Identification System

(VIS).

Therefore, in an attempt to gather

information to resolve conflicting

issues, we published a Request for

Comments in the Federal Register on

November 16, 1998 (63 FR 63638),

soliciting comments on: (1) The

expected benefits of an expanded HIN

with vessel-specific characters and a

check digit; (2) the manner in which the

Coast Guard should exempt small

entities and the builders of highvolume, low cost boats, such as canoes,

kayaks, and inflatables; and (3) the

estimated burdens and costs to boat

manufacturers if the HIN regulations

were revised to require vessel-specific

characters and a check digit.

We received 31 comments, only one

of which contained any economic data

which could be used to determine the

benefits of a requirement for an

expanded HIN containing vesselspecific characters and a check digit.

Only four comments were in favor of

allowing exceptions for small entities

and the builders of high-volume, low

cost boats, such as canoes, kayaks, and

inflatable boats. None of the comments

contained information about the

estimated burdens and costs to boat

manufacturers.

Withdrawal

This proposed rulemaking is

terminated because of (1) the lack of

substantive information about the

benefits to society with a requirement

for an expanded HIN containing vesselspecific characters and a check digit,

40070 Federal Register / Vol. 65, No. 126 / Thursday, June 29, 2000 / Proposed Rules

and (2) an inability to address issues

involving exemptions for small entities

and the builders of high-volume, low

cost boats, such as canoes, kayaks, and

inflatables. For these reasons, we are

terminating further rulemaking under

docket number CGD 92–065.

We are initiating a study to gather

data on the costs and benefits of an

expanded HIN format and potential

adverse impacts on small entities. We

will review the results of the study and

decide whether or not to open a new

regulatory project in the future.

Dated: June 21 2000.

Terry M. Cross,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Operations.

[FR Doc. 00–16449 Filed 6–28–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development

Corporation

33 CFR Part 401

[Docket No. SLSDC 2000–7543]

RIN 2135–AA11

Seaway Regulations and Rules:

Miscellaneous Amendments

AGENCY: Saint Lawrence Seaway

Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Saint Lawrence Seaway

Development Corporation (SLSDC) and

the St. Lawrence Seaway Management

Corporation of Canada (SLSMC) publish

joint Seaway Regulations. The SLSDC

and the SLSMC have determined that a

number of existing regulations need to

be amended. Only four of the

amendments in this proposal are

substantive and of applicability in both

U.S. and Canadian waters. Accordingly,

comments are invited on only these four

proposed amendments. (See

SUPPLEMENTARY INFORMATION.)

The remaining amendments are

merely editorial, ministerial, for

clarification without substantive change

in interpretation, or applicable only in

Canada. The Canada Marine Act has

abolished the Saint Lawrence Seaway

Authority of Canada and replaced it

with the SLSMC, made changes in the

manner in which the SLSMC conducts

or may conduct its operations as

compared to the Authority, and made

minor changes in some of the

terminology used in the Canadian law

applicable to the Seaway. Accordingly,

most of the amendments in this

proposal are strictly editorial, reflect

procedures undertaken unilaterally by

the SLSMC, or otherwise are applicable

only in Canada because of unilateral

action by the SLSMC or Canadian law.

Accordingly, the SLSDC is not

requesting comments on these

amendments, even though they appear

in this proposal. Other changes are due

strictly to Canadian circumstances or

unilateral action, such as: removal of

reference to bridges that no longer exist;

removal of references to the Canadian

entity in the rules on detention and sale;

and adding provisions that are only

applicable on Canadian property. Some

minor changes in numbering and

lettering also are being made.

DATES: Any party wishing to present

views on the proposed amendments

may file comments with the Corporation

on or before July 31, 2000.

ADDRESSES: Signed, written comments

should refer to the docket number

appearing at the top of this document

and must be submitted to the Docket

Clerk, U.S. DOT Dockets, Room PL–401,

400 Seventh Street, SW, Washington,

DC 20590–0001. Written comments may

also be submitted electronically by

using the submission form at http://

dmses.dot.gov/submit/BlankDSS.asp.

All comments received will be available

for examination between 9 a.m. and 5

p.m., E.T., Monday through Friday,

except federal holidays. Those desiring

notification of receipt of comments must

include a self-addressed, stamped

envelope or postcard.

FOR FURTHER INFORMATION CONTACT:

Marc C. Owen, Chief Counsel, Saint

Lawrence Seaway Development

Corporation, 400 Seventh Street, SW,

Washington, DC 20590, (202) 366–6823.

SUPPLEMENTARY INFORMATION: As a result

of discussions with the Saint Lawrence

Seaway Management Corporation of

Canada, the Saint Lawrence Seaway

Development Corporation proposes to

amend the Seaway Regulations and

Rules in 33 CFR part 401 as described

in the following summary.

Only four of the amendments in this

proposal are substantive and of

applicability in both U.S. and Canadian

waters. Accordingly, comments are

invited on only these four proposed

amendments, which are as follows.

Section 401.3, ‘‘Maximum vessel

dimensions’’, would be amended by

revising paragraph (e) to allow a vessel

with a beam in excess of 23.2 m, but not

more than 23.8 m. and an overall length

in excess of 222.5 m, but not more than

225.5 m, to be considered for transit

upon application to the SLSMC and

SLSDC. This proposal follows

successful feasibility testing by both

corporations. Section 410.10, ‘‘Mooring

lines’’, would be amended by adding a

new paragraph (a)(2) requiring mooring

lines to have a diameter not greater than

28 mm. This is in response to safety

concerns for linehandling personnel of

both corporations. The larger, heavier

mooring lines that have been used by

some vessels are difficult to handle and

may cause back injuries.

Section 401.13, ‘‘Hand lines’’, would

be amended by changing the minimum

diameter from 12 mm to 15 mm, the

maximum diameter from 20 mm to 17

mm, and the minimum length from 35

m to 30 m for similar safety of

linehandling personnel reasons.

Schedule III, ‘‘Calling-In Table’’, would

be amended by changing a number of

reporting requirements at certain

calling-in points. The SLSDC and the

SLSMC now share the same computer

database, which eliminates the need for

vessels to report particulars more than

once unless a change has occurred.

The remaining amendments,

described in the rest of this preamble,

are merely editorial, ministerial, for

clarification without substantive change

in interpretation, or applicable only in

Canada. Some minor changes in

numbering and lettering also are being

made.

The Canada Marine Act has abolished

the Saint Lawrence Seaway Authority of

Canada and replaced it with the SLSMC,

made changes in the manner in which

the SLSMC conducts or may conduct its

operations as compared to the

Authority, and made minor changes in

some of the terminology used in the

Canadian law applicable to the Seaway.

Accordingly, most of the amendments

in this proposal are strictly editorial,

reflect procedures undertaken

unilaterally by the SLSMC, or otherwise

are applicable only in Canada because

of unilateral action by the SLSMC or

Canadian law. Accordingly, the SLSDC

is not requesting comments on these

amendments, even though they appear

in this proposal. The principal change

of this type is wherever the terms ‘‘Saint

Lawrence Seaway Authority’’,

‘‘Authority’’, etc. appears, they are

replaced with ‘‘Saint Lawrence Seaway

Management Corporation’’, ‘‘Manager’’,

etc. Another change is the term ‘‘vessel’’

is referred to as ‘‘ship’’ in the Canadian

Act and the regulations will so note.

Similarly, the SLSMC now refers to the

‘‘Tariff of Tolls’’ as the ‘‘Schedule of

Tolls’’ and to ‘‘tolls and charges’’ as

‘‘fees’’, both of which also are to be

noted in the regulations. Finally, the

SLSMC now refers to these regulations

as ‘‘Practices and Procedures’’ and that

is so noted.

There are a number of changes that

merely reflect current Canadian practice