42212 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations

while en route from the point of

destination of imported cargo to a point

where export cargo is to be loaded or to

an exterior port of departure by a

reasonably direct route to, or nearer to,

the place of such loading or departure.

(2) Neither use as enumerated in

paragraph (f)(1)(i) or (ii) of this section

constitutes a diversion to unpermitted

point-to-point local traffic within the

United States or a withdrawal of an

instrument in the United States from its

use as an instrument of international

traffic under this section.

(g)(1) Except as provided in paragraph

(j) of this section, a container (as defined

in Article 1 of the Customs Convention

on Containers) that is designated as an

instrument of international traffic is

deemed to remain in international

traffic provided that the container exits

the U.S. within 365 days of the date on

which was admitted under this section.

An exit from the U.S. in this context

means a movement across the border of

the United States into a foreign country

where either:

(i) All merchandise is unladen from

the container; or

(ii) Merchandise is laden aboard the

container (if the container is empty).

(2) The person who filed the

application for release under paragraph

(a)(1) of this section is responsible for

keeping and maintaining such records,

otherwise generated and retained in the

ordinary course of business, as may be

necessary to establish the international

movements of the containers. Such

records shall be made available for

inspection by Customs officials upon

reasonable notice.

(3) If the container does not exit the

U.S. within 365 days of the date on

which it is admitted under this section,

such container shall be considered to

have been removed from international

traffic, and entry for consumption must

be made within 10 business days after

the end of the month in which the

container is deemed removed from

international traffic. When entry is

required under this section, any

containers considered removed from

international traffic in the same month

may be listed on one entry. Such entry

may be made at any port of entry. Under

19 U.S.C. 1484(a)(1)(B), the importer of

record is required, using reasonable

care, to complete the entry by filing

with Customs the declared value,

classification and rate of duty applicable

to the merchandise. The importer of

record must use the value of the

container as determined in accordance

with section 402, Tariff Act of 1930 (19

U.S.C. 1401a), as amended by the Trade

Agreements Act of 1979 (TAA).

* * * * *

George J. Weise,

Commissioner of Customs.

Approved: June 25, 1997.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–20648 Filed 8–5–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

31 CFR Part 27

Departmental Offices; Civil Penalty

Assessment for Misuse of Department

of the Treasury Names, Symbols, Etc.

AGENCY: Departmental Offices, Treasury.

ACTION: Interim rule.

SUMMARY: This interim rule sets forth

the procedures by which civil penalties

may be imposed for violations of the

statutory prohibition against misuse of

Department of the Treasury names,

symbols, titles, abbreviations, initials,

seals, or badges. Section 333(c) of title

31, United States Code, authorizes the

Secretary of the Treasury to impose

these civil penalties. These regulations

are being promulgated to ensure that

persons assessed a civil penalty under

section 333(c) are accorded due process.

Published in the proposed rules

section of this Federal Register, is a

notice of proposed rulemaking inviting

comments on the interim rule for a 60-

day period following the publication

date of this interim rule.

EFFECTIVE DATE: The interim regulations

are effective August 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Karen Wehner, Senior Advisor, Office of

Enforcement, 202–622–0300 (not a tollfree call).

SUPPLEMENTARY INFORMATION:

Introduction

This document sets forth an interim

rule implementing 31 U.S.C. 333(c),

which authorizes the Secretary of the

Treasury to impose a civil penalty on

any person who violates 31 U.S.C.

333(a), which prohibits the misuse of

Department of the Treasury names,

symbols, etc. Section 333(c) was enacted

by title III, section 312(l)(1) of the social

Security Independence and Program

improvements Act of 1994, Pub. L. 103–

296 (August 15, 1994).

Background

Section 333(a) of title 31, United

States Code, prohibits, in connection

with any advertisement, solicitation,

business activity, or product, the

unauthorized use (1) of the words,

abbreviations, initials, symbols, or

emblems of Treasury or any of its

components; (2) the titles of any officer

or employee of the Treasury or any of

its components; or (3) the words

‘‘United States Savings Bond’’ or the

name of any other obligation issued by

the Treasury. This prohibition extends

to colorable imitations of words, titles,

abbreviations, initials, symbols, and

emblems. Section 333(b) provides that

the prohibition applies regardless of

whether the violator has used a

disclaimer of affiliation with the United

States Government or any agency

thereof.

Section 333(c) provides that Secretary

of the Treasury may impose a civil

penalty on any person who violates

section 333(a), in an amount not to

exceed $5,000 for each use of material

in violation of section 333(a), unless the

use is in a broadcast or telecast, in

which case the penalty shall not exceed

$25,000 for each use. Section 333(c)

imposes a three-year statute of

limitation within which the Secretary of

the Treasury may assess civil penalties,

beginning on the date of the violation of

section 333(a). Section 333(c) also

imposes a two-year statute of limitation

within which the Secretary of the

Treasury may commence a civil action

to recover any civil penalty imposed

under section 333(c), beginning on the

date the civil penalty was assessed.

Section 333(d) sets forth criminal

penalties for knowing violations of

333(a). However, section 333(d)(3)

provides that no criminal proceeding

may be commenced under its provisions

if a civil penalty previously has been

assessed for that violation under section

333(c). Similarly, section 333(c)(4)

provides that no civil penalty may be

assessed under its provisions for a

violation if a criminal proceeding has

been commenced for that violation

under section 333(d).

These regulations implement the

authority of the Secretary of the

Treasury under section 333(c) to impose

a civil penalty on any person who

violates section 333(a). The regulations

also ensure that any person assessed

with a civil penalty pursuant to section

333(c) is accorded due process in the

civil penalty proceeding. Specifically,

the regulations provide that any person

assessed with a civil penalty pursuant to

section 333(c): (1) Shall receive a notice

of assessment citing the statutory

provisions which allegedly have been

violated, the factual basis for the

allegation, the amount of any proposed

civil monetary penalty and/or any other

proposed civil or equitable remedy; (2)
Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations 42213

shall have the opportunity to provide a

written response to the notice of

assessment requesting that the civil

monetary penalty not be imposed, why

the penalty should be in a lesser amount

than proposed and or why the terms of

a proposed civil or equitable remedy

should be modified; (3) if it is

determined that a violation has

occurred, shall receive a final notice

citing the statutory provisions found to

have been violated, the facts warranting

this conclusion, an analysis of why the

facts and violations justify imposing a

civil monetary penalty, the amount of

penalty being imposed and/or the terms

of any civil or equitable remedy

imposed; and (4) is advised of the right

to judicial review pursuant to 5 U.S.C.

701 et seq. of any penalty or remedy

imposed. The regulations detail the time

frames for issuing a notice of

assessment, filing a written response to

the notice, issuing a final notice of

assessment and commencing a civil

action to recover or enforce any penalty

or remedy imposed.

The regulations also cite a

nonexclusive list of factors which may

be considered in determining whether

to assess or impose a civil penalty

pursuant to section 333(c).

Administrative Procedure Act

The Treasury Department for good

cause finds that notice of these

regulations, and public procedure

thereon, is contrary to the public

interest and, therefore, is issuing these

regulations as an interim rule, without

notice and public procedure under 5

U.S.C. 553(b), and without being subject

to the effective date limitation in

§ 553(d). See 5 U.S.C. § 553(b)(B).

Providing notice of these regulations

and an opportunity for public procedure

thereon is contrary to the public interest

because the purposes of section 333 and

these regulations are to protect the

public from commercial activities that

convey the false impression that they

are associated with or approved,

endorsed, sponsored or authorized by

the Department of the Treasury, and to

ensure that persons alleged to have

engaged in any such activity are

accorded due process.

Executive Order 12866

It has been determined that this

interim rule is not a significant

regulatory action as defined in E.O.

12866. Therefore, a regulatory

assessment is not required.

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act do not apply because no

notice of proposed rulemaking is

required by 5 U.S.C. 553 or any other

law. Accordingly, a regulatory flexibility

analysis is not required.

Drafting Information

The principal author of this document

is Abigail Roth, Attorney-Advisor,

Office of the Assistant General Counsel

(Enforcement). However, other

personnel in the Departmental Offices

contributed to this document both as to

substance and style.

List of Subjects in 31 CFR Part 27

Administrative practice and

procedure, Penalties.

For the reasons set out in the

preamble, Title 31, Subtitle A, Part 27

of the Code of Federal Regulations is

added to read as follows:

PART 27—CIVIL PENALTY

ASSESSMENT FOR MISUSE OF

DEPARTMENT OF THE TREASURY

NAMES, SYMBOLS, ETC.

Sec.

27.1 Purpose.

27.2 Definitions.

27.3 Assessment of civil penalties.

27.4 Factors to be considered.

27.5 Initial Notice of Assessment.

27.6 Written response.

27.7 Final Notice of Assessment.

27.8 Judicial review.

Authority: 31 U.S.C. 321, 333.

§ 27.1 Purpose.

(a) The regulations in this part

implement the provisions of 31 U.S.C.

333(c), which authorizes the Secretary

of the Treasury to assess a civil penalty

against any person who has misused the

words, titles, abbreviations, initials,

symbols, emblems, seals, or badges of

the Department of the Treasury or any

subdivision thereof in violation of 31

U.S.C. 333(a), in accordance with that

section and this part.

(b) The regulations in this part do not

apply to the extent that the Secretary or

his/her designee has specifically

authorized the person to manufacture,

produce, sell, possess, or use the words,

titles, abbreviations, initials, symbols,

emblems, seals, or badges by written

contract, agreement, or letter.

§ 27.2 Definitions.

(a) The term ‘‘assessing official’’

means:

(1) The head of a bureau or other

subdivision of the Department of the

Treasury who has been delegated the

authority to assess civil penalties under

31 U.S.C. 333(c); or

(2) An officer or employee of a bureau

or subdivision at the grade of GS–15 or

above to whom such authority has been

redelegated by the head of such bureau

or subdivision.

(b) The term ‘‘broadcast’’ or ‘‘telecast’’

mean widespread dissemination by

electronic transmission or method,

whether audio and/or visual.

(c) The term ‘‘civil penalty’’ means:

(1) A civil monetary penalty; and

(2) Any other civil or equitable

remedy deemed necessary to rectify the

potential for a continued misuse or

harm from an activity found to have

been in violation of 31 U.S.C. 333 or this

part.

(d) The term ‘‘date of offense’’ means

the later of—

(1) The date that the misuse occurred;

(2) The date that the misuse had the

effect of conveying the false impression

that the activity was associated with or

approved, endorsed, sponsored or

authorized by the Department or any of

its subdivisions or officers or

employees; or

(3) If the violation is a continuing one,

the date on which the misuse of the

words, titles, abbreviations, initials,

symbols, emblems, seals, or badges

protected by this part last occurred.

(e) The term ‘‘days’’ means calendar

days, unless otherwise stated.

(f) The term ‘‘person’’ means an

individual, partnership, association,

corporation, company, business, firm,

manufacturer, or any other organization

or institution.

§ 27.3 Assessment of civil penalties.

(a) General Rule. An assessing official

may impose a civil penalty on any

person—

(1) Who uses in connection with, or

as a part of, any advertisement,

solicitation, business activity, or

product, whether alone or with other

words, letters, symbols, or emblems;

(i) The words ‘‘Department of the

Treasury,’’ ‘‘United States Secret

Service,’’ ‘‘United States Customs

Service,’’ ‘‘Internal Revenue Service,’’

‘‘Bureau of Alcohol, Tobacco and

Firearms,’’ ‘‘Bureau of the Public Debt,’’

‘‘Bureau of Engraving and Printing,’’

‘‘Comptroller of the Currency,’’ ‘‘Federal

Law Enforcement Training Center,’’

‘‘Financial Crimes Enforcement

Network,’’ ‘‘United States Mint,’’ or the

name of any service, bureau, office, or

other subdivision of the Department of

the Treasury;

(ii) The titles ‘‘Secretary of the

Treasury,’’ ‘‘Treasurer of the United

States,’’ ‘‘Director of the Secret Service,’’

‘‘Commissioner of Customs,’’

‘‘Commissioner of Internal Revenue,’’

‘‘Director, Bureau of Alcohol, Tobacco

and Firearms,’’ ‘‘Commissioner of the

Public Debt,’’ ‘‘Director of the Bureau of

Engraving and Printing,’’ ‘‘Comptroller

of the Currency,’’ ‘‘Director of the

Federal Law Enforcement Training
42214 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations

Center,’’ ‘‘Director of the Financial

Crimes Enforcement Network,’’

‘‘Director of the United States Mint,’’ or

the title of any other officer or employee

of the Department of the Treasury or

subdivision thereof;

(iii) The abbreviations or initials of

any entity or title referred to in

paragraph (a)(1)(i) or (a)(1)(ii) of this

section, including but not limited to

‘‘USSS,’’ ‘‘USCS,’’ ‘‘IRS,’’ ‘‘ATF,’’ or

‘‘BATF,’’ ‘‘BPD,’’ ‘‘FLETC,’’ ‘‘FINCEN’’

or ‘‘FinCEN,’’and ‘‘SBMO’’;

(iv) The words ‘‘United States Savings

Bond,’’ including any variation thereof,

or the name of any other security,

obligation, or financial instrument

issued by the Department of the

Treasury or any subdivision thereof;

(v) Any symbol, emblem, seal, or

badge of an entity referred to in

paragraph (a)(1)(i) of this section

(including the design of any envelope,

stationery, or identification card used by

such an entity); or

(vi) Any colorable imitation of any

such words, titles, abbreviations,

initials, symbol, emblem, seal, or badge;

and

(2) Where such use is in a manner that

could reasonably be interpreted or

construed as conveying the false

impression that such advertisement,

solicitation, business activity, or

product is in any manner approved,

endorsed, sponsored, or authorized by,

or associated with the Department of the

Treasury or any entity referred to in

paragraph (a)(1)(i) of this section, or any

officer, or employee thereof.

(b) Disclaimers. Any determination of

whether a person has violated the

provisions of paragraph (a) of this

section shall be made without regard to

any use of a disclaimer of affiliation

with the United States Government or

any particular agency or instrumentality

thereof.

(c) Civil Penalty. An assessing official

may impose a civil penalty on any

person who violates the provisions of

paragraph (a) of this section. The

amount of a civil monetary penalty shall

not exceed $5,000 for each and every

use of any material in violation of

paragraph (a), except that such penalty

shall not exceed $25,000 for each and

every use if such use is in a broadcast

or telecast.

(d) Time Limitations. (1) Civil

penalties imposed under this part must

be assessed before the end of the three

year period beginning on the date of

offense charged.

(2) An assessing official may

commence a civil action to recover or

enforce any civil penalty imposed in a

Final Notice of Assessment issued

pursuant to § 27.7 at any time before the

end of the two year period beginning on

the date of the Final Notice of

Assessment. If judicial review of the

Final Notice of Assessment is sought,

the two year period begins to run from

the date that a final and unappealable

court order is issued.

(e) Criminal Proceeding. No civil

penalty may be imposed under this part

with respect to any violation of

paragraph (a) of this section after a

criminal proceeding on the same

violation has been commenced by

indictment or information under 31

U.S.C. 333(d).

§ 27.4 Factors to be considered.

The assessing official will consider

relevant factors when determining

whether to assess or impose a civil

penalty under this part, and the amount

of a civil monetary penalty. Those

factors may include, but are not limited

to, the following:

(a) The scope of the misuse;

(b) The purpose and/or nature of the

misuse;

(c) The extent of the harm caused by

the misuse;

(d) The circumstances of the misuse;

and

(e) The benefit intended to be derived

from the misuse.

§ 27.5 Initial Notice of Assessment.

The assessing official shall serve an

Initial Notice of Assessment by United

States mail or other means upon any

person believed to be in violation of

§ 27.3 and otherwise subject to a civil

penalty. The notice shall provide the

name and telephone number of an

agency officer or employee who can

provide information concerning the

notice and the provisions of this part,

and shall include the following:

(a) A specific reference to the

provisions of § 27.3 violated;

(b) A concise statement of the facts

that support the conclusion that such a

violation occurred;

(c) The amount of the penalty

proposed, and/or any other proposed

civil or equitable remedy;

(d) A notice informing the person

alleged to be in violation of § 27.3 that

he/she:

(1) May, within 30 days of the date of

the notice, pay the proposed civil

monetary penalty and consent to each

proposed civil or equitable remedy,

thereby waiving the right to make a

written response under § 27.6 and to

seek judicial review under § 27.8:

(i) By electronic funds transfer (EFT)

in accordance with instructions

provided in the notice, or

(ii) By means other than EFT only

with the written approval of the

assessing official;

(2) May make a written response

within 30 days of the date of the notice

asserting, as appropriate:

(i) Why a civil monetary penalty and/

or other civil or equitable remedy

should not be imposed;

(ii) Why a civil monetary penalty

should be in a lesser amount than

proposed; and

(iii) Why the terms of a proposed civil

or equitable remedy should be modified;

(3) May be represented by an attorney

or other representative, provided that a

designation of representative signed by

the person alleged to be in violation is

received by the assessing official; and

(4) May request, within 20 days of the

date of the notice, a copy of or

opportunity to review any documents

and/or other evidence compiled and

relied on by the agency in determining

to issue the notice (the assessing official

reserves the right to assert privileges

available under law and may decline to

disclose certain documents and/or other

evidence); and

(e) The Initial Notice of Assessment

shall also inform the person that:

(1) If no written response is received

within the time allowed in § 27.6(b), a

Final Notice of Assessment may be

issued without a presentation by the

person;

(2) If a written response has been

made and it is deemed necessary, the

assessing official may request, orally or

in writing, additional information from

the respondent;

(3) A Final Notice of Assessment may

be issued in accordance with § 27.7

requiring that the civil monetary penalty

be paid and compliance with the terms

of any other civil or equitable remedy;

(4) A Final Notice of Assessment is

subject to judicial review in accordance

with 5 U.S.C. 701 et seq.; and

(5) All submissions sent in response

to the Initial

Notice of Assessment must be

transmitted to the address specified in

the notice and include the name,

address, and telephone number of the

respondent.

§ 27.6 Written response.

(a)(1) A person served with an Initial

Notice of Assessment may make a

written response explaining why the

civil penalty should not be imposed,

explaining why a civil monetary penalty

should be in a lesser amount than

proposed and/or explaining why the

terms of a proposed civil or equitable

remedy should be modified. The written

response must provide:

(i) A reference to and specifically

identify the Initial Notice of Assessment

involved;

(ii) The full name of the person

charged;
Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations 42215

(iii) If not a natural person, the name

and title of the head of the organization

charged; and

(iv) If a representative of the person

charged is filing the written response, a

copy of the duly executed designation

as representative.

(2) The written response must admit

or deny each violation of § 27.3 charged

in the Initial Notice of Assessment. Any

charge not specifically denied will be

presumed to be admitted. Where a

charge is denied, the respondent shall

specifically set forth the legal or factual

basis upon which the charge is denied.

If the basis of the written response is

that the person charged is not the

person responsible for the misuse(s)

charged, the written response must set

forth sufficient information to allow the

agency to determine the truth of such an

assertion. The written response should

include any and all documents and/or

other information that the respondent

believes should be a part of the

administrative record on the matter.

(b) Time. (1) Except as provided in

paragraph (b)(2) of this section, any

written response made under this

paragraph must be received not later

than 30 days after the date of the Initial

Notice of Assessment.

(2) If a request for documents or other

evidence is made pursuant to

§ 27.5(d)(4), the written response must

be received not later than 20 days after

the date of the Department’s response to

the request.

(3)(i) In computing the number of

days allowed for filing a written

response under this paragraph, the first

day counted is the day after the date of

the Initial Notice of Assessment. If the

last date on which the response is

required to be filed by this paragraph is

a Saturday, Sunday or Federal holiday,

the response will be due on the next

weekday after that date.

(ii) If a response is transmitted by

United States mail, it will be deemed

timely filed if postmarked on or before

the due date.

(4) The assessing official may extend

the period for making a written response

under paragraphs (b)(1) and (b)(2) for

good cause shown. Generally, failure to

obtain representation in a timely

manner will not be considered good

cause.

(c) Filing. A written response will be

considered filed on the date received at

the address specified in the Initial

Notice of Assessment. The response

may be sent by personal delivery,

United States mail or commercial

delivery. At the discretion of the

assessing official, filing may be

accomplished by facsimile or any other

method deemed appropriate.

(d) The assessing official will fully

consider the facts and arguments

submitted by the respondent in the

written response and any other

documents filed pursuant to this

paragraph in determining whether to

issue a Final Notice of Assessment

under § 27.7, the appropriate amount of

the civil monetary penalty imposed and

the terms of any other appropriate civil

or equitable remedy.

§ 27.7 Final Notice of Assessment.

(a) In making a final determination

whether to impose a penalty, the

assessing official shall take into

consideration all available information

in the administrative record on the

matter, including all information

provided in or with a written response

timely filed by the respondent and any

additional information provided

pursuant to § 27.5(e)(2). The assessing

official will determine whether:

(1) The facts warrant a conclusion that

no violation has occurred; or

(2) The facts warrant a conclusion that

one or more violations have occurred;

and

(3) The facts and violations found

justify the conclusion that a civil

penalty should be imposed.

(b) If the assessing official determines

that no violation has occurred, the

official shall promptly send a letter

indicating that determination to the

person served with an Initial Notice of

Assessment and to any designated

representative of such person.

(c)(1) If it has been determined that a

violation has occurred, the assessing

official shall issue a Final Notice of

Assessment to the person served with

an Initial Notice of Assessment and to

any designated representative of such

person.

(2) The assessing official may, in his/

her discretion:

(i) Impose a civil monetary penalty

and/or any civil or equitable remedy

deemed necessary to rectify the

potential for a continued misuse or

harm from the violation(s);

(ii) Not impose a civil monetary

penalty and/or civil or equitable

remedy; or

(iii) Impose a civil monetary penalty

and/or civil or equitable remedy and

condition payment of the civil monetary

penalty on the violator’s future

compliance with 31 U.S.C. 333, this part

and any civil or equitable remedy

contained in the Final Notice of

Assessment. If a civil monetary penalty

is imposed, the assessing official shall

determine the appropriate amount of the

penalty in accordance with 31 U.S.C.

333(c)(2).

(3) The Final Notice of Assessment

shall:

(i) Include:

(A) A specific reference to the

provisions of § 27.3 found to have been

violated;

(B) A concise statement of the facts

warranting a conclusion that a

violations has occurred;

(C) An analysis of how the facts and

violation(s) justify the conclusion that a

civil monetary penalty and/or civil or

equitable remedy should be imposed;

and

(D) The amount of each civil

monetary penalty imposed, a statement

as to how the amount of each penalty

was determined, and the terms of any

civil or equitable remedy deemed

necessary to rectify the potential for a

continued misuse or harm from the

violation(s); and

(ii) Inform the person that:

(A) Payment of a civil monetary

penalty imposed by the Final Notice of

Assessment must be made within 30

days of the date of the notice, and that

any civil or equitable remedy imposed

must be complied with as provided in

the Final Notice of Assessment;

(B) Payment of a civil monetary

penalty imposed by the Final Notice of

Assessment shall be by EFT in

accordance with instructions provided

in the notice, unless the assessing

official has given written approval to

have payment made by other means;

(C) payment of a civil monetary

penalty imposed by the Final Notice of

Assessment constitutes consent by the

person to comply with the terms of any

civil or equitable remedy contained in

the notice;

(D) If payment of a civil monetary

penalty imposed by the Final Notice of

Assessment has been waived on the

condition that the person comply with

the terms of any civil or equitable

remedy contained in the notice or

comply in the future with 31 U.S.C. 333

and this part, failure by the person to so

comply will make the civil monetary

penalty payable on demand;

(E) If a civil monetary penalty is not

paid within 30 days of the date of the

Final Notice of Assessment (or on

demand under paragraph (C)(3)(ii)(D) of

this sectiion), or if a civil or equitable

remedy is not complied with in

accordance with the terms of the notice,

a civil action to collect the penalty or

enforce compliance may be commenced

at any time within two years of the date

of the Final Notice of Assessment; and

(F) Any civil monetary penalty and

civil or equitable remedy imposed by

the Final Notice of Assessment may be

subject to judicial review in accordance

with 5 U.S.C. 70 et seq.
42216 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations

§ 27.8 Judicial review.

A final Notice of Assessment issued

under this party may be subject to

judicial review pursuant to 5 U.S.C. 701

et seq.

Dated: July 18, 1997.

Raymond W. Kelly,

Under Secretary for Enforcement.

[FR Doc. 97–20646 Filed 8–5–97; 8:45 am]

BILLING CODE 4810–25–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA61–7136, WA64–7139a; FRL–5869–8]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) approves in part several

minor revisions to the state of

Washington Implementation Plan (SIP).

Pursuant to section 110 (a) of the Clean

Air Act (CAA), the Director of the

Washington Department of Ecology

(WDOE) submitted two requests to EPA

dated November 25, 1996 and April 7,

1997 to revise the SIP for certain

regulations of a local air pollution

control agency, the Puget Sound Air

Pollution Control Agency (PSAPCA).

DATES: This action is effective on

October 6, 1997 unless adverse or

critical comments are received by

September 5, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should

be addressed to: Ms. Montel Livingston,

SIP Manager, Office of Air Quality

(OAQ–107), EPA, 1200 Sixth Avenue,

Seattle, Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW, Washington, D.C. 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality (OAQ–107), 1200 Sixth Avenue,

Seattle, Washington 98101, and WDOE,

P.O. Box 47600, Olympia, Washington

98504.

FOR FURTHER INFORMATION CONTACT: Lisa

Jacobsen, Office of Air Quality (OAQ–

107), EPA, Seattle, Washington 98101,

(206) 553–6917.

SUPPLEMENTARY INFORMATION:

I. Background

Two submittals from WDOE dated

November 26, 1996 and April 7, 1997,

were sent to EPA and consisted of minor

amendments to PSAPCA Regulations I,

II, and III.

The November 26, 1996 minor

revisions were adopted by PSAPCA on

September 12, 1997 after meeting public

participation requirements on July 11,

1996 and October 10, 1996 and become

state effective on October 31, 1997.

Regulation I, section 3.11, Civil

Penalties, is amended in accordance

with state law to adjust maximum

penalty amounts for inflation and

section 3.23, Alternate Means of

Compliance, is amended to clarify

alternate means of compliance. Sections

5.02, 5.03, 5.05, 5.07, 6.03, and 6.04 are

amended to include updates reflecting

state law regarding registration and to

adjust the fees covering the program

costs. A new § 7.09, General Reporting

Standards, adds applicable reporting

requirements to the operating permits

section. Section 5.08, Shut Down

Sources; and 5.11, Registration of

Oxygenated Gasoline Blenders, were

repealed because they are no longer

needed. On October 11, 1996, EPA

formally redesignated the Central Puget

Sound CO nonattainment area to

attainment, and approved a

maintenance plan which will ensure

that the Central Puget Sound area

remains in attainment for CO. The

maintenance plan removes the

requirement for oxygenated fuel during

the CO season but incorporates the

requirement for the use of oxygenated

fuel as a contingency measure in the

event of a violation of the CO national

ambient air quality standard.

Regulation II, section 2.09, the

elimination of the oxygenated gasoline

contingency measure and fee schedule,

was approved by EPA in an earlier

action (62 FR 23363–23365) on April 30,

1997.

Regulation III section 4.03 is amended

to clarify existing language and to

increase fees to cover the costs of

administering the program.

The April 7, 1997 submittal was

adopted by PSAPCA after meeting

public participation requirements on

December 12, 1996 and became state

effective January 15, 1997.

Regulation I, section 5.03 was

amended to clarify the registration

requirements. Section 6.04 was

amended for clarification of the Notice

of Construction.

Regulation III, sections 1.11, 2.01, and

2.05 were amended for clarification of

requirements when dealing with Toxic

Air Contaminants.

II. Summary of Action

EPA is, by today’s action, approving

the following revisions submitted by

WDOE on November 26, 1996 and April

7, 1997 as amendments to the

regulations of PSAPCA and for

inclusion into the SIP:

Regulation I

• Section 3.11, Civil Penalties

• Section 3.23, Alternate Means of

Compliance

• Section 5.02, Definitions and

Components of Registration Program

• Section 5.03, Registration Required

• Section 5.05, General Requirements

for Registration

• Section 5.07, Registration Fees

• Section 6.03, Notice of Construction

• Section 6.04, Notice of Construction

Review Fees

• Section 7.09, General Reporting

Requirements

Regulation III

• Section 1.11, Reporting Requirements

• Section 2.01, Applicability

• Section 2.05, Sources of Toxic Air

Contaminants

EPA approves the following deletions

from the SIP:

Regulation I

• Section 5.08, Shut Down Sources

• Section 5.11, Registration of

Oxygenated Gasoline Blenders

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective October 6, 1997

unless, by September 5, 1997, adverse or

critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed in

a subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective October 6, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future