40992 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules

justifications for any changes to the

listing.

* * * * *

D. The book cost of gas plant retired

shall be the amount at which such

property is included in the gas plant

accounts, including all components of

construction costs. The book cost shall

be determined from the utility’s records

and if this cannot be done it shall be

estimated. Utilities must furnish the

particulars of such estimates to the

Commission, if requested. When it is

impracticable to determine the book

cost of each unit, due to the relatively

large number or small cost thereof, an

appropriate average book cost of the

units, with due allowance for any

differences in size and character, shall

be used as the book cost of the units

retired.

* * * * *

7. In Part 201, Gas Plant Instruction

11, paragraph C is revised to read as

follows:

11. Work order and property record

system required.

* * * * *

C. Each utility shall maintain records

in which, for each plant account, the

amounts of the annual additions and

retirements are classified so as to show

the number and cost of the various

record units or retirement units.

PART 216—UNITS OF PROPERTY FOR

USE IN ACCOUNTING FOR ADDITIONS

TO AND RETIREMENTS OF GAS

PLANT

8. Part 216 is removed.

PART 352—UNIFORM SYSTEM OF

ACCOUNTS PRESCRIBED FOR OIL

PIPELINE COMPANIES SUBJECT TO

THE PROVISIONS OF THE

INTERSTATE COMMERCE ACT

9. The authority citation for Part 352

is revised to read as follows:

Authority: 49 U.S.C. 60502; 49 App. U.S.C.

1–85.

10. In Part 352, Instructions for

Carrier Property Accounts, instruction

3–2, Minimum Rule is removed. In

instructions 3–5, introductory text, and

3–6(a), the phrase ‘‘subject to the

minimum rule’’ is removed.

11. In Part 352, Instructions for

Carrier Property Accounts, instruction

3–4, Additions is revised to read as

follows:

3–4 Additions. Each carrier shall

maintain a written property units listing

for use in accounting for additions and

retirements of carrier plant, apply the

listing consistently, and if requested,

furnish the Commission with

justifications for any changes to the

listing. When property units are added

to Carrier plant, the cost thereof shall be

added to the appropriate carrier plant

account as set forth in the policy.

12. In Part 352, Instructions for

Carrier Property Accounts, instruction

3–7, Retirements, introductory text and

paragraph (b)(1) are revised and new

paragraph (c) is added to read as

follows:

3–7 Retirements. When property units

are retired from carrier plant, with or

without replacement, the cost thereof

and the cost of minor items of property

retired and not replaced shall be

credited to the carrier plant account in

which it is included. The retirement of

carrier property shall be accounted for

as follows:

(a) * * *

(b) Property. (1) The book cost, as set

forth in paragraph (c) of this instruction,

of units of property retired and of minor

items of property retired and not

replaced shall be written out of the

property account as of date of

retirement, and the service value shall

be charged to account 31, Accrued

Depreciation—Carrier Property.

* * * * *

(c) The book cost of carrier property

retired shall be determined from the

carrier’s records and if this cannot be

done it shall be estimated. When it is

impracticable to determine the book

cost of each unit, due to the relatively

large number or small cost thereof, an

appropriate average book cost of the

units, with due allowance for any

differences in size and character, shall

be used as the book cost of the units

retired. Oil Pipelines must furnish the

particulars of such estimates to the

Commission, if requested.

13. In Part 352, Instructions for

Carrier Property Accounts, instruction

3–14 Accounting units of property is

removed.

[FR Doc. 97–20149 Filed 7–30–97; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 4, 122, 123, 148 and 192

RIN 1515–AB99

Lay Order Period; General Order;

Penalties

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes to

amend the Customs Regulations to

require that the importing carrier notify

a bonded warehouse proprietor of the

presence of merchandise that has

remained at the place of arrival or

unlading beyond the lay order period

without entry having been completed,

thereby initiating the obligation of the

bonded warehouse proprietor to arrange

for transportation and storage of the

unentered merchandise at the risk and

expense of the consignee. The document

also proposes to amend the Customs

Regulations to provide for penalties

against importing carriers for failure to

notify Customs of the presence of such

merchandise. These proposed regulatory

changes reflect amendments to the

underlying statutory authority enacted

as part of the Customs Modernization

provisions of the North American Free

Trade Agreement Implementation Act.

Finally, the document makes certain

conforming changes to the Customs

Regulations in order to reflect a number

of other statutory amendments and

repeals enacted by the Customs

Modernization provisions and in order

to reflect the recent recodification and

reenactment of title 49, United States

Code.

DATES: Comments must be received on

or before September 29, 1997.

ADDRESSES: Written comments

(preferably in triplicate) may be

addressed to the Regulations Branch,

Office of Regulations and Rulings, U.S.

Customs Service, Franklin Court, 1301

Constitution Avenue NW., Washington,

DC 20229. Comments submitted may be

inspected at the Regulations Branch,

Office of Regulations and Rulings,

Franklin Court, 1099 14th Street NW.,

Suite 4000, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Jeremy Baskin, Penalties Branch, Office

of Regulations and Rulings (202) 482–

6950.

SUPPLEMENTARY INFORMATION:

Background

On December 8, 1993, amendments to

certain Customs and navigation laws

became effective as the result of

enactment of the North American Free

Trade Agreement Implementation Act,

Public Law 103–182, 107 Stat. 2057.

Title VI of that Act sets forth Customs

Modernization provisions that are

popularly referred to as the Mod Act.

Section 656 of the Mod Act amended

section 448(a) of the Tariff Act of 1930

(19 U.S.C. 1448(a)) to provide, inter alia,

that: (1) The owner or master of any

vessel or vehicle, or the agent thereof,

shall notify Customs of any

merchandise or baggage unladen for

which entry is not made within the time

prescribed by law or regulation; (2) the
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules 40993

Secretary of the Treasury shall by

regulation prescribe administrative

penalties not to exceed $1,000 for each

bill of lading for which notice is not

given; (3) any such administrative

penalty shall be subject to mitigation

and remission under section 618 of the

Tariff Act of 1930, as amended (19

U.S.C. 1618); and (4) such unentered

merchandise or baggage shall be the

responsibility of the master or person in

charge of the importing vessel or

vehicle, or agent thereof, until it is

removed from the carrier’s control in

accordance with section 490 of the

Tariff Act of 1930, as amended (19

U.S.C. 1490). This document proposes

to revise paragraph (a) of § 4.37 of the

Customs Regulations (19 CFR 4.37) and

add new § 122.50 and § 123.10 (19 CFR

122.50 and 19 CFR 123.10) to

implement these Mod Act statutory

changes for air, land and sea carriers.

Under the proposed regulatory text,

importing carriers would be afforded a

five-working-day lay order period after

the conclusion of an initial fiveworking-day period after unlading or

arrival of merchandise to notify

Customs, in writing or by any Customsauthorized electronic data interchange

system, of the presence of the unentered

merchandise or baggage. Penalties may

result if, after the five-day lay order

period, Customs has not been notified of

the presence of the merchandise.

Applications for lay order will no longer

be required on Customs Form 3171; the

form will continue to be maintained for

other purposes.

Section 658 of the Mod Act amended

section 490 of the Tariff Act of 1930 (19

U.S.C. 1490) to provide that: (1) Except

in the case of U.S. government

importations, the importing carrier shall

notify the bonded warehouse of any

imported merchandise for which entry

is not made within the time prescribed

by law or regulation, or for which entry

is incomplete because of failure to pay

estimated duties, fees or interest, or for

which entry cannot be made for want of

proper documents or other cause, or

which Customs believes is not correctly

and legally invoiced; and (2) after such

notification from the importing carrier,

the bonded warehouse shall arrange for

the transportation and storage of the

merchandise at the risk and expense of

the consignee. This document proposes

to revise paragraph (b) of § 4.37 of the

Customs Regulations and add §§ 122.50

and 123.10 to the Customs Regulations

to implement these Mod Act statutory

changes. The proposed regulatory text

requires the carrier to provide the

appropriate notification, in writing or by

any Customs-authorized electronic data

interchange system, and also requires

that the bonded warehouse operator

take possession of the merchandise

within five working days after receipt of

such notification or else be liable for

liquidated damages under the terms and

conditions of his custodial bond (and

with a cross-reference to 113.63(a)(1) of

the Customs Regulations which

Customs believes provides an

appropriate basis for such liability). In

addition, it is proposed to amend

paragraph (d) of § 4.37 by replacing the

word ‘‘owner’’ by ‘‘consignee’’ to align

on the corresponding statutory

language.

Section 611 of the Mod Act amended

section 436 of the Tariff Act of 1930 (19

U.S.C. 1436), inter alia, by including

therein a reference to 46 U.S.C. App. 91,

with the result that penalties for

violations of outbound vessel manifest

filing requirements would be incurred

under the provisions of 19 U.S.C. 1436

rather than under 46 U.S.C. App. 91.

This document proposes to amend

§ 192.4 of the Customs Regulations (19

CFR 192.4) to reflect this change.

Section 690 of the Mod Act provided

for the repeal of a number of statutory

provisions, some of which are still

referred to in parts 4 and 122 of the

Customs Regulations (19 CFR parts 4

and 122). This document proposes to

correct those outdated references by

removing them or replacing them with

references to their successor statutory

provisions.

Finally, Pub. L. 103–272, 108 Stat.

745, dated July 5, 1994, reenacted and

recodified the provisions of title 49,

United States Code. Section 2(b) thereof

reenacted as a new section (19 U.S.C.

1644a) certain title 49 provisions

dealing with the application, to civil

aircraft, of the laws and regulations

regarding the entry and clearance of

vessels. This document proposes to

amend parts 122, 123 and 148 of the

Customs Regulations (19 CFR parts 122,

123 and 148) by updating the ‘‘49 U.S.C.

App.’’ statutory references therein to

reflect the changes made by section 2(b)

or other provisions of Pub. L. 103–272.

Comments

Before adopting this proposed

regulation as a final rule, consideration

will be given to any written comments

timely submitted to Customs. Comments

submitted will be available for public

inspection in accordance with the

Freedom of Information Act (5 U.S.C.

552), § 1.4 of the Treasury Department

Regulations (31 CFR 1.4), and

§ 103.11(b) of the Customs Regulations

(19 CFR 103.11(b)), on regular business

days between the hours of 9:00 a.m. and

4:30 p.m. at the Regulations Branch,

Office of Regulations and Rulings, U.S.

Customs Service, Franklin Court, 1099

14th St. NW., 4th floor, Washington, DC.

Inapplicability of the Regulatory

Flexibility Act and Executive Order

12866

For the reasons set forth above and

because the proposed amendments

conform the Customs Regulations to

statutory requirements that are already

in effect, pursuant to the provisions of

the Regulatory Flexibility Act, 5 U.S.C.

601 et seq., it is certified that the

proposed amendments, if adopted, will

not have a significant economic impact

on a substantial number of small

entities. Accordingly, the amendments

are not subject to the regulatory analysis

or other requirements of 5 U.S.C. 603

and 604. Further, this document does

not meet the criteria for a ‘‘significant

regulatory action’’ as specified in E.O.

12866.

List of Subjects

19 CFR Part 4

Cargo vessels, Common carriers,

Customs duties and inspection, Entry,

Exports, Fishing vessels, Imports,

Maritime carriers, Passenger Vessels,

Penalties, Reporting and recordkeeping

requirements, Shipping, Vessels,

Yachts.

19 CFR Part 122

Air carriers, Aircraft, Airports, Air

transportation, Baggage, Bonds, Customs

duties and inspection, Foreign

commerce and trade statistics, Freight,

Imports, Penalties, Reporting and

recordkeeping requirements.

19 CFR Part 123

Aircraft, Canada, Customs duties and

inspection, Imports, International

boundaries, International traffic,

Mexico, Motor carriers, Railroads,

Reporting and recordkeeping

requirements, Trade agreements,

Vehicles, Vessels.

19 CFR Part 148

Aliens, Baggage, Crewmembers,

Customs duties and inspection,

Declarations, Foreign officials,

Government employees,International

organizations, Privileges and

Immunities, Reporting and

recordkeeping requirements.

19 CFR Part 192

Aircraft, Customs duties and

inspection, Export Control, Penalties,

Reporting and recordkeeping

requirements, Seizures and forfeiture,

Vehicles, Vessels.
40994 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules

Proposed Amendments to the

Regulations

For the reasons stated above, it is

proposed to amend parts 4, 122, 123,

148 and 192 of the Customs Regulations

(19 CFR parts 4, 122, 123, 148 and 192)

as set forth below:

PART 4—VESSELS IN FOREIGN AND

DOMESTIC TRADES

1. The general authority citation for

part 4 and the specific authority

citations for §§ 4.7a, 4.36 and 4.37

continue to read, and the specific

authority citations for §§ 4.9 and 4.68

are revised to read, as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66,

1431, 1433, 1434, 1624; 46 U.S.C. App. 3, 91.

* * * * *

Section 4.7a also issued under 19

U.S.C. 1498, 1584;

* * * * *

Section 4.9 also issued under 42

U.S.C. 269;

* * * * *

Section 4.36 also issued under 19

U.S.C. 1431, 1457, 1458, 46 U.S.C. App.

100;

Section 4.37 also issued under 19

U.S.C. 1448, 1457, 1490;

* * * * *

Section 4.68 also issued under 46

U.S.C. App. 817d, 817e;

* * * * *

§§ 4.7a, 4.12, 4.36, and 4.37 [Amended]

2. Part 4 is amended by removing and

reserving footnotes 17, 24, 71, and 74 in

§§ 4.7a(a), 4.12(a)(3), and 4.36(c), and

4.37(d).

§ 4.6 [Amended]

3. In § 4.6, paragraph (c) is amended

by removing the reference ‘‘19 U.S.C.

1585’’ and adding, in its place, the

reference ‘‘19 U.S.C. 1436’’.

§ 4.7a [Amended]

4. In § 4.7a, the first sentence of

paragraph (a) is amended by removing

the words ‘‘, required by section 432,

Tariff Act of 1930, to be separately

specified’’.

§ 4.36 [Amended]

5. In § 4.36, paragraph (c) is amended

by removing the words ‘‘within the

purview of the proviso to the first

subdivision of section 431 of the Tariff

Act of 1930’’.

6. In § 4.37, paragraph (d) is amended

by removing the word ‘‘owner’’ and

adding, in its place, the word

‘‘consignee’’ and paragraphs (a) and (b)

are revised to read as follows:

§ 4.37 Lay order; general order.

(a) Any merchandise or baggage

regularly landed but not covered by a

permit for its release shall be allowed to

remain at the place of unlading until the

close of business on the fifth working

day after the day the vessel was entered.

Within an additional five-working-day

lay order period following the

expiration of the original five-working

day period after landing, 19 U.S.C.

1448(a) requires the master or owner of

the vessel or the agent thereof to notify

Customs of any such merchandise or

baggage for which entry has not been

made. Such notification shall be

provided in writing or by any Customsauthorized electronic data interchange

system. Failure to provide such

notification may result in assessment of

a monetary penalty of up to $1,000 per

bill of lading against the master or

owner of the vessel or the agent thereof

as provided in 19 U.S.C. 1448(a).

(b) In addition to the notification to

Customs referred to in paragraph (a) of

this section, within five working days

following the expiration of the lay order

period specified in paragraph (a) of this

section, 19 U.S.C. 1490(a) requires the

master or owner of the vessel or the

agent thereof to provide notification of

the presence of such unreleased and

unentered merchandise or baggage to a

bonded warehouse certified by the port

director as qualified to receive general

order merchandise. Such notification

shall be provided in writing or by any

Customs-authorized electronic data

interchange system. It shall then be the

responsibility of the bonded warehouse

proprietor to arrange for the

transportation and storage of the

merchandise or baggage at the risk and

expense of the consignee. Any

unentered merchandise or baggage shall

remain the responsibility of the master

or person in charge of the importing

vessel or the agent thereof until it is

removed from his control in accordance

with this paragraph. If the bonded

warehouse operator fails to take

possession of the merchandise or

baggage within five working days after

receipt of notification of the presence of

the unentered and unreleased

merchandise or baggage, he shall be

liable for the payment of liquidated

damages under the terms and conditions

of his custodial bond (see § 113.63(a)(1)

of this chapter).

* * * * *

PART 122—AIR COMMERCE

REGULATIONS

1. The authority citation for Part 122

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66,

1433, 1436, 1448, 1459, 1590, 1594, 1623,

1624, 1644, 1644a.

§ 122.2 [Amended]

2. Section 122.2 is amended by

removing the reference ‘‘49 U.S.C. App.

1509(c)’’ and adding, in its place, the

reference ‘‘19 U.S.C. 1644 and 1644a’’.

§ 122.49 [Amended]

3. Section 122.49(f) is amended by

removing the words ‘‘sections 440

(concerning post entry) and 584

(concerning manifest violations), Tariff

Act of 1930, as amended (19 U.S.C.

1440, 1584), apply’’ and adding, in their

place, the words ‘‘section 584

(concerning manifest violations), Tariff

Act of 1930, as amended (19 U.S.C.

1584), applies’’.

4. In subpart E, § 122.50 is added to

read as follows:

§ 122.50 Lay order; general order.

(a) Any merchandise or baggage

regularly landed but not covered by a

permit for its release shall be allowed to

remain at the place of unlading until the

close of business on the fifth working

day after the day the aircraft was

entered. Within an additional fiveworking-day lay order period following

the expiration of the original fiveworking day period after landing, 19

U.S.C. 1448(a) requires the pilot or

owner of the aircraft or the agent thereof

to notify Customs of any such

merchandise or baggage for which entry

has not been made. Such notification

shall be provided in writing or by any

Customs-authorized electronic data

interchange system. Failure to provide

such notification may result in

assessment of a monetary penalty of up

to $1,000 per bill of lading against the

pilot or owner of the aircraft or the agent

thereof as provided in 19 U.S.C. 1448(a).

(b) In addition to the notification to

Customs referred to in paragraph (a) of

this section, within five working days

following the expiration of the lay order

period specified in paragraph (a) of this

section, 19 U.S.C. 1490(a) requires the

pilot or owner of the aircraft or the agent

thereof to provide notification of the

presence of such unreleased and

unentered merchandise or baggage to a

bonded warehouse certified by the port

director as qualified to receive general

order merchandise. Such notification

shall be provided in writing or by any

Customs-authorized electronic data

interchange system. It shall then be the

responsibility of the bonded warehouse

proprietor to arrange for the

transportation and storage of the

merchandise or baggage at the risk and

expense of the consignee. Any

unentered merchandise or baggage shall
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Proposed Rules 40995

remain the responsibility of the pilot or

person in charge of the importing

aircraft or the agent thereof until it is

removed from his control in accordance

with this paragraph. If the bonded

warehouse operator fails to take

possession of the merchandise or

baggage within five working days after

receipt of notification of the presence of

the unentered and unreleased

merchandise or baggage, he shall be

liable for the payment of liquidated

damages under the terms and conditions

of his custodial bond (see § 113.63(a)(1)

of this chapter).

§ 122.161 [Amended]

5. In § 122.161, the first sentence is

amended by removing the reference

‘‘§ 122.14’’ and adding, in its place, the

words ‘‘subpart S of this part’’ and by

removing the reference ‘‘49 U.S.C. App.

1474’’ and adding, in its place, the

reference ‘‘19 U.S.C. 1644 and 1644a’’.

§ 122.165 [Amended]

6. In § 122.165, the first sentence of

paragraph (a) is amended by removing

the parenthetical reference ‘‘(49 U.S.C.

App. 1508(b))’’ and adding, in its place,

the parenthetical reference ‘‘(49 U.S.C.

41703)’’, and the second sentence of

paragraph (b) is amended by removing

the reference ‘‘49 U.S.C. App. 1471’’ and

adding, in its place, the reference ‘‘49

U.S.C. Chapter 463’’.

PART 123—CUSTOMS RELATIONS

WITH CANADA AND MEXICO

1. The general authority citation for

part 123 and the specific authority

citation for § 123.8 are revised to read,

and the specific authority citation for

§ 123.1 continues to read, as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States (HTSUS)), 1431, 1433, 1436,

1448, 1624.

Section 123.1 also issued under 19 U.S.C.

1459;

* * * * *

Section 123.8 also issued under 19 U.S.C.

1450–1454, 1459;

* * * * *

2. The specific authority citation for

§ 123.11 is removed.

§ 123.1 [Amended]

3. In § 123.1, paragraph (a)(2) is

amended by removing the words

‘‘sections 1433 or 1644 of title 19,

United States Code (19 U.S.C. 1433,

1644), or section 1509 of title 49, United

States Code App. (49 U.S.C. App.

1509),’’ and adding, in their place, the

words ‘‘section 1433, 1644 or 1644a of

title 19, United States Code (19 U.S.C.

1433, 1644, 1644a),’’.

4. In subpart A, § 123.10 is added to

read as follows:

§ 123.10 Lay order; general order.

(a) Any merchandise or baggage

regularly landed but not covered by a

permit for its release shall be allowed to

remain at the place of unlading until the

close of business on the fifth working

day after the day the vehicle was

entered. Within an additional fiveworking-day lay order period following

the expiration of the original fiveworking day period after unlading, 19

U.S.C. 1448(a) requires the operator or

owner of the vehicle or the agent thereof

to notify Customs of any such

merchandise or baggage for which entry

has not been made. Such notification

shall be provided in writing or by any

Customs-authorized electronic data

interchange system. Failure to provide

such notification may result in

assessment of a monetary penalty of up

to $1,000 per bill of lading against the

operator or owner of the vehicle or the

agent thereof as provided in 19 U.S.C.

1448(a).

(b) In addition to the notification to

Customs referred to in paragraph (a) of

this section, within five working days

following the expiration of the lay order

period specified in paragraph (a) of this

section, 19 U.S.C. 1490(a) requires the

operator or owner of the vehicle or the

agent thereof to provide notification of

the presence of such unreleased and

unentered merchandise or baggage to a

bonded warehouse certified by the port

director as qualified to receive general

order merchandise. Such notification

shall be provided in writing or by any

Customs-authorized electronic data

interchange system. It shall then be the

responsibility of the bonded warehouse

proprietor to arrange for the

transportation and storage of the

merchandise or baggage at the risk and

expense of the consignee. Any

unentered merchandise or baggage shall

remain the responsibility of the operator

or person in charge of the importing

vehicle or the agent thereof until it is

removed from his control in accordance

with this paragraph. If the bonded

warehouse operator fails to take

possession of the merchandise or

baggage within five working days after

receipt of notification of the presence of

the unentered and unreleased

merchandise or baggage, he shall be

liable for the payment of liquidated

damages under the terms and conditions

of his custodial bond (see § 113.63(a)(1)

of this chapter).

PART 148—PERSONAL

DECLARATIONS AND EXEMPTIONS

1. The authority citation for part 148

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1496, 1498, 1624.

The provisions of this part, except for subpart

C, are also issued under 19 U.S.C. 1202

(General Note 20, Harmonized Tariff

Schedule of the United States).

* * * * *

§ 148.67 [Amended]

2. In § 148.67, paragraph (b) is

amended by removing the words

‘‘section 1474 of title 49, United States

Code,’’ and adding, in their place, the

reference ‘‘19 U.S.C. 1644 and 1644a’’.

PART 192—EXPORT CONTROL

1. The authority citation for Part 192

continues to read as follows:

Authority: 19 U.S.C. 66, 1624, 1627a,

1646a.

§ 192.4 [Amended]

2. In § 192.4, the first sentence is

amended by removing the reference ‘‘46

U.S.C. App. 91’’ and adding, in its

place, the reference ‘‘19 U.S.C. 1436’’

and the second sentence is amended by

removing the words ‘‘a liability of not

more than $1,000 nor less than $500

will be incurred’’ and adding, in their

place, the words ‘‘a liability for

penalties may be incurred’’.

Samuel H. Banks,

Acting Commissioner of Customs.

Approved: May 21, 1997.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 97–20227 Filed 7–30–97; 8:45 am]

BILLING CODE 4820–02–P

RAILROAD RETIREMENT BOARD

20 CFR Part 295

RIN 3220–AB29

Payments Pursuant to Court Decree or

Court-Approved Property Settlement

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

SUMMARY: The Railroad Retirement

Board hereby proposes to amend its

regulations under part 295 by

eliminating the Medicare Part B

premium as a deduction from the

amount of benefits available for division

in a divorce proceeding or property

settlement related to a divorce or legal

separation.

DATES: Comments must be received on

or before September 29, 1997.