Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Notices 64043

1The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board’s Section of

Environmental Analysis in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

2Each offer of financial assistance must be

accompanied by the filing fee, which is currently

set at $900. See 49 CFR 1002.2(f)(25).

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

must be filed. Provided no formal

expression of intent to file an offer of

financial assistance (OFA) has been

received, this exemption will be

effective on January 2, 1998, unless

stayed pending reconsideration.

Petitions to stay that do not involve

environmental issues,1 formal

expressions of intent to file an OFA

under 49 CFR 1152.27(c)(2),2 and trail

use/rail banking requests under 49 CFR

1152.29 must be filed by December 15,

1997. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by December 23,

1997, with: Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, N.W.,

Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: John R. Nadolny, Esq.,

Boston and Maine Corporation, Law

Department, Iron Horse Park, North

Billerica, MA 01862.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

B&M has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by December 8, 1997.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423) or by calling

SEA, at (202) 565–1545. Comments on

environmental and historic preservation

matters must be filed within 15 days

after the EA becomes available to the

public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Pursuant to the provisions of 49 CFR

1152.29(e)(2), B&M shall file a notice of

consummation with the Board to signify

that it has exercised the authority

granted and fully abandoned the line. If

consummation has not been effected by

B&M’s filing of a notice of

consummation by December 3, 1998,

and there are no legal or regulatory

barriers to consummation, the authority

to abandon will automatically expire.

Decided: November 25, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–31768 Filed 12–2–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Customs Service

Extension of National Customs

Automation Program Test Regarding

Remote Location Filing

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: General notice.

SUMMARY: This notice announces that

Customs is permitting an extension to

continue the second prototype of

Remote Location Filing (RLF). This

notice also invites public comments

concerning any aspect of the current

test, informs interested members of the

public of the eligibility requirements for

voluntary participation, describes the

basis for selecting participants, and

establishes the process for developing

evaluation criteria. To participate in the

prototype test, the necessary

information, as outlined in this notice,

must be filed with Customs and

approval granted. It is important to note

that resources expended by the trade

and Customs on these prototypes may

not carry forward to the final program.

The Federal Register (61 FR 60749)

notice, dated November 29, 1996,

continues to apply except as specifically

noted herein.

Based on our experience in second

prototype of RLF, we have made

modifications to the sections detailing

the Eligibility Criteria and the Prototype

Two Applications. The changes will

effect parties who wish to apply for

participation in the extension of the

second prototype of RLF. Current

participants may continue their

participation without reapplying.

EFFECTIVE DATE: The extension of the

second prototype will commence no

earlier than January 1, 1998, will

continue, and be concluded, no earlier

than December 31, 1998, by a notice in

the Federal Register. Comments

concerning any aspect of the remote

filing prototype test must be received on

or before January 2, 1998.

ADDRESSES: Written comments

regarding this notice, and information

submitted to be considered for

voluntary participation in the prototype

should be addressed to the Remote

Filing Team, U.S. Customs Service,

1300 Pennsylvania Avenue, N.W., Room

5.2 A, Washington, D.C. 20229–0001.

FOR FURTHER INFORMATION CONTACT: For

systems or automation issues: Joseph

Palmer (202) 927–0173, Jackie Jegels

(202) 927–0201, or Patricia Welter (305)

869–2780.

For operational or policy issues:

Jennifer Engelbach (202) 927–2293, or

Don Luther (202) 927–0915.

SUPPLEMENTARY INFORMATION:

Background

Title VI of the North American Free

Trade Agreement Implementation Act

(the Act), Public Law 103–182, 107 Stat.

2057 (December 8, 1993), contains

provisions pertaining to Customs

Modernization (107 Stat. 2170). Subtitle

B of title VI establishes the National

Customs Automation Program (NCAP),

an automated and electronic system for

the processing of commercial

importations. Section 631 in Subtitle B

of the Act creates sections 411 through

414 of the Tariff Act of 1930 (19 U.S.C.

1411–1414). These define and list the

existing and planned components of the

NCAP (section 411), promulgate

program goals (section 412), provide for

the implementation and evaluation of

the program (section 413), and provide

for remote location filing (section 414).

The Remote Location Filing (RLF)

prototype will allow an approved

participant to electronically file a formal

or informal consumption entry with

Customs from a location within the

United States other than the port of

arrival (POA), or from within the port of

arrival with a requested designated

exam site (DES) outside of the POA.

Section 101.9(b) of the Customs

Regulations (19 CFR 101.9(b)),

implements the testing of NCAP

components. See, T.D. 95–21 (60 FR

14211, March 16, 1995).

Since June 1994, the Customs Remote

Team has shared the Customs RLF

concept through many public meetings

and concept papers, as well as posted

information on the Customs Electronic

Bulletin Board (CEBB), the Customs

Administrative Message System, and the

Customs web page at ‘‘http://

www.customs.treas.gov/imp-exp/commimp/remote/toc.htm.’’ Pursuant to

§ 101.9, Customs Regulations, Customs

has been testing the RLF concept. On
64044 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Notices

April 6, 1995, Customs announced in

the Federal Register (60 FR 17605) its

plan to conduct the first of at least two

prototype tests regarding RLF. The first

test, Prototype One, began on June 19,

1995. On February 27, 1996, Customs

announced in the Federal Register (61

FR 7300) that it was permitting an

extension and expansion of the RLF

Prototype One until the implementation

of Remote Prototype Two. On November

29, 1996, Customs announced in the

Federal Register (61 FR 60749) its plan

to conclude the first prototype test on

December 31, 1996, and conduct a

second prototype test of RLF

commencing no earlier than January 1,

1997. In today’s document, Customs is

announcing that it will permit an

extension of the RLF Prototype Two.

The first remote location prototype

test was offered in the Automated

Commercial System (ACS). Although

the second remote prototype test was

originally scheduled to be tested in the

Automated Commercial Environment

(ACE), the success of Prototype One

precipitated the second test under ACS

with a larger participant pool.

The first RLF prototype (Prototype

One) concluded December 31, 1996.

Prototype One was conducted with a

very limited number of participants at

limited locations. It was conducted with

minimal system changes thereby

requiring Customs to intervene

manually in tracking and processing.

All procedures and processes were

closely coordinated with all selected

and affected parties. The intent of

Prototype One was to test such

operational issues as communication,

cargo movement and release, and

service to and from remote locations.

Prototype One tested features such as

filing from a remote location, alternate

exam location, and entry summary

workload distribution.

The second RLF prototype (Prototype

Two) commenced January 1, 1997, and

will be extended to conclude no earlier

than December 31, 1998. Prototype Two

is an expanded version of Prototype One

with more ports and trade participants.

In order to expand the prototype

Customs has trained additional ports

and allowed Customhouse Brokers to

apply as participants. Prototype Two

will continue to operate with minimal

system changes. The intent of this

prototype is to test such operational

issues as communication, cargo

movement and release, and service to

and from remote locations. This

prototype will further test features such

as filing from a remote location and

alternate exam location.

Additional prototypes of RLF are

being developed by Customs to

determine the systemic and operational

design of the final RLF program which

will allow all filers to participate in this

type of entry process at a national level.

Prototype participants must recognize

that these prototypes test the benefits

and potential problems of RLF for

Customs, the trade community, and

other parties impacted by this program.

Description of RLF Program

The RLF program will be determined

by the experiences of the planned

remote prototypes and with other

Customs initiatives such as the

Reorganization, ACE, Trade Compliance

Redesign, and Year 2000 programming.

The Customs RLF team’s objectives are:

(1) To work with the trade

community, other agencies, and other

parties impacted by this program in the

design, conduct and evaluation of a

second prototype test of RLF;

(2) To obtain experience through

prototype tests of RLF for use in the

design of operational procedures,

automated systems, and regulations; and

(3) To implement RLF on a national

level in conjunction with the Trade

Compliance Redesign, and the

Automated Commercial Environment.

Description of Proposed Test

Prototype Two commenced January 1,

1997, and will run until concluded, no

earlier than December 31, 1998, by a

notice in the Federal Register. Prototype

Two will evaluate the operational

impact and procedures for a larger

participant base, testing filing from a

remote location, and alternate location

examinations.

Regulatory Provisions Suspended

Certain provisions in Part 111, and

Part 141, of the Customs Regulations

will be suspended during this prototype

test. This will allow brokers to file

remotely to service ports, designated as

‘‘broker districts’’ in accordance with a

general notice published in the Federal

Register (60 FR 49971, dated September

27, 1995), where they currently do not

hold permits, and to allow for the

movement of cargo from its port of

arrival to a designated examination site

in another port.

Eligibility Criteria

To qualify, a participant must have

proven capability to provide

electronically, on an entry-by-entry

basis, the following: entry; entry

summary; invoice information (when

required by the Customs Service) using

EIP; and payment of duties, fees, and

taxes through the Automated

Clearinghouse (ACH).

The following additional

requirements and conditions apply:

1. Participants must be operational on

ACH 30 days before applying for

Prototype Two.

2. Participants must be operational on

EIP before applying for Prototype Two.

3. The requested Customs locations

must have operational experience with

EIP, and have received RLF training.

RLF Trained Locations

The following are locations currently

operational under the RLF Prototype

Two test: (POA indicates a port trained

as a port of arrival, and DES indicates

a port trained as a designated

examination site).

Port POA DES

Atlanta ............................... ✔ ✔

Baltimore ........................... ✔ ✔

Buffalo ............................... ✔ ✔

Champlain-Rouses Point .. ✔ ✔

Charleston ......................... ✔ ✔

Chicago ............................. ✔ ✔

Dallas/Ft. Worth ................ ✔ ✔

Detroit ................................ ✔ ✔

Houlton, ME ...................... ✔ ✔

Houston ............................. ✔ ✔

Jacksonville ....................... ✔ ✔

JFK .................................... ✔ ✔

Laredo/Eagle Pass ............ ✔ ✔

Los Angeles ...................... ✔ ✔

NY/Newark Area ............... ✔ ✔

New York Seaport ............. ✔ ✔

Norfolk/Richmond .............. ✔ ✔

Portland, ME ..................... ✔ ✔

Port Huron ......................... ✔ ✔

Rochester .......................... (1 ) ✔

San Diego/Otay Mesa ....... ✔ ✔

San Francisco/Oakland ..... ✔ ✔

Savannah .......................... ✔ ✔

Seattle ............................... ✔ ✔

Utica/Syracuse .................. ✔ ✔

1 Not available.

Future RLF Trained Locations

As the prototype continues and trade

interest warrants, ports which are not

currently trained in EIP and RLF

processing will be trained.

Announcements on newly trained ports

will be placed on the CEBB and

Administrative Message System. One

criteria for selecting a port for training

will be interest from the trade.

Participants who would like to expand

their participation to a non-trained port,

should send the following information

to the Remote Filing Team, at U.S.

Customs Service, 1300 Pennsylvania

Avenue, N.W. Room 5.2 A, Washington,

D.C. 20229–0001:

a. Company name;

b. Contact name and phone number;

c. Importer name;

d. Port(s) of interest; and

e. The estimated number of entries a

month.
Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Notices 64045

4. Participants must maintain a

continuous bond which meets or

exceeds the national guidelines for bond

sufficiency.

5. Only entry types 01 (consumption)

and 11 (informal) will be accepted.

6. Cargo release must be certified from

the entry summary (EI) transaction with

the exception of immediate delivery

explained in #7.

7. RLF participants will be allowed to

file Immediate Delivery releases for

direct arrival road and rail freight at the

land border using paper invoices under

Line Release, Border Cargo Selectivity

(BCS), or Cargo Selectivity (CS). This

must be done in accordance with 19

CFR 142.21(a). Submission of all line

items at the time of release will be

required of Northern Border filers if the

release is effected using BCS or CS. If an

examination is required for a line

release transaction, the filer must

submit all relevant line item

information through BCS or CS. Under

BCS and CS, the examination will be

performed at the port of arrival using

paper invoices. If the filer wishes the

examination to be performed at an

alternate site, full entry summary

information (an EI transaction in ABI)

with electronic invoice must be

transmitted.

8. Participants will not be allowed to

file a RLF entry involving cargo that has

already been moved using in-bond

procedures.

9. Participants will be required to use

other government agency interfaces

where available.

10. When necessary, cargo will be

examined at the Customs port of arrival,

or, at Customs discretion, a filer’s

requested DES, which must be the

Customs port nearest the final

destination. The scheduling (approval)

of merchandise for examination at a

DES that is not at the port of arrival will

be considered a conditional release

under permit that automatically

obligates the importer’s bond pursuant

to 19 CFR 113.62 for an immediate

redelivery to the DES. This Federal

Register Notice advises the importer of

record for such merchandise that this

movement is a redelivery and he/she

will not receive an individual notice of

redelivery, Customs Form 4647, and

that the redelivery clause of the

importers bond is automatically

triggered whenever Customs decides to

examine the merchandise at a DES that

is not at the port of arrival.

11. If a notice of redelivery is not

complied with, or delivery to

unauthorized locations, or delivery to

the consignee without Customs

permission occurs, the obligors agree to

pay liquidated damages in the amount

specified pursuant to the bond in 19

CFR 113.62 (f).

Customs will work with all

participants to ensure that:

(1) Customs contacts and problem

solving teams are established, and

(2) Procedures for remote entry and

entry summary processing are prepared.

Prototype Two Applications

This notice solicits applications for

participation in Remote Location Filing

Prototype Two. There are two distinct

application procedures, which depend

upon the status of the applicant. The

first is a one-step application process for

importers applying on their own behalf

as well as for brokers acting on behalf

of specific clients. The second is a twostep process for brokers applying on

their own behalf.

All applications must initially be

submitted to the U.S. Customs Service,

1300 Pennsylvania Avenue, N.W. Room

5.2 A, Washington, D.C. 20229–0001.

Applications will be accepted up to 30

days before the close of the Prototype

Two extension.

Since this is an extension of Remote

Prototype Two, current participants may

continue their participation without

reapplying. Note that participation in

RLF Prototype Two is not confidential,

and that lists of participants will be

made available to the public.

Importers / Brokers on Behalf of Clients

These applications must be submitted

to the U.S. Customs Headquarters

(address cited above) with the following

information:

1. Importer name and, if applicable,

broker name, address, and filer code;

2. Supplier name, address, and

manufacturer’s number;

3. Types of commodities to be

imported;

4. Other agency requirements;

5. Site(s) from which the applicant

will be transmitting the electronic

information;

6. Port name and port code for port(s)

of arrival;

7. Port name and port code for

designated examination site(s) located

nearest the final destination(s);

8. Monthly volume anticipated;

9. Electronic Invoicing Program status

and starting date;

10. Electronic Payment (ACH) status

and starting date; and

11. Main contact person and

telephone number.

Brokers as Applicants

This application process will be done

in two steps. During the first step, the

broker must submit the following

information to U.S. Customs

Headquarters (address cited above):

1. Broker name, address, filer code

and IRS#;

2. Electronic Invoicing Program status

and starting date;

3. Electronic Payment (ACH) status

and starting date;

4. Site(s) from which the broker will

be transmitting the electronic

information;

5. Type of protocol: AII, EDIFACT or

both; and

6. Point of contact.

Once a broker has received written

approval from U.S. Customs

Headquarters to proceed with the

second step of the application process,

the broker must submit the following

information to the Port Director(s)

overseeing each requested POA and DES

location for each client (importer):

1. Participating client name,

telephone number and Importer

Number;

2. Supplier name, address, and

manufacturer’s number;

3. Types of commodities to be

imported;

4. Other agency requirements;

5. Site(s) from which the applicant

will be transmitting the electronic

information;

6. Port name and port code for port(s)

of arrival;

7. Port name and port code for

designated examination site(s) located

nearest the final destination(s);

8. Monthly entry volume anticipated;

9. Carriers used and their Automated

Manifest System (AMS) status;

10. Main contact person and

telephone number of filer; and

11. Certification that a copy of this

application letter has been provided to

the Client named in item 1.

Basis for Participant Selection

The basis for applications approved

by Customs Headquarters will be EIP

operational experience, electronic

abilities, available electronic interfaces

with other agency’s import

requirements, and operational

limitations. For application scenarios

requesting a DES outside of the POA,

the compliance rate of the parties

involved will be taken into

consideration.

The basis for applications being

approved or denied by the Port

Director(s) will involve issues such as

impact on available resources,

commodity requirements and if the port

has been trained in EIP/RLF.

The Port Director has 10 working days

after the receipt of the information

required in the second step of the

application process to provide written

approval or denial to the applicant. If

the Port Director denies the application,
64046 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Notices

that denial is effective for 10 working

days. After that, a new request may be

submitted to the Port Director at the Port

of Arrival and the Designated

Examination Site. If the applicant does

not receive a reply from the Port

Director within 10 working days from

the date of submission, the application

should be considered denied. Those

applicants not selected for participation

by U.S. Customs Headquarters will be

sent a letter of denial. They will,

however, be invited to comment on the

design, conduct, and evaluation of this

prototype.

Also, it is emphasized that if a

company is interested in filing remotely,

it must first be operational with EIP. For

information on EIP, please contact your

ABI Client Representative.

Dismissal From Prototype Two

If a filer attempts to submit data

relating to restricted merchandise or

merchandise subject to quota, antidumping duties, countervailing duties,

or other non-eligible data through the

Electronic Invoice Program, the filer

may be expelled from the program,

prevented from participation in future

RLF prototypes, and may be subject to

liquidated damages and/or penalties

under Section 592, Tariff Act of 1930, as

amended (19 U.S.C. 1592).

Test Evaluation Criteria

Once participants are selected,

Customs and the participants will meet

publicly or in an electronic forum to

review comments received concerning

the methodology of the test program or

procedures, complete procedures in

light of those comments, and establish

baseline measures and evaluation

methods and criteria. Evaluations of the

prototype will be conducted and the

final results will be published in the

Federal Register as required by

§ 101.9(b), Customs Regulations.

The following evaluation methods

and criteria have been identified.

1. Baseline measurements will be

established through data queries and

questionnaires.

2. Reports will be run through use of

data query throughout the prototype.

3. Questionnaires will be distributed

during and after the prototype period.

Participants are required to complete

the questionnaires in full and return

them within 30 days of receipt.

Customs may evaluate any or all of

the following items:

• Workload impact (workload shifts,

volume, etc.);

• Policy and procedural

accommodation;

• Trade compliance impact;

• Alternate exam site issues

(workload shift, coordination/

communication, etc.);

• Problem solving;

• System efficiency; and

• The collection of statistics.

The trade will be responsible for

evaluating the following items:

• Service in cargo clearance;

• Problem resolution;

• Cost benefits;

• System efficiency;

• Operational efficiency; and

• Other items identified by the

participant group.

Dated: November 26, 1997.

Audrey Adams,

Acting Assistant Commissioner, Office of

Field Operations.

[FR Doc. 97–31683 Filed 12–2–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

[EE–111–80]

Proposed Collection; Comment

Request for Regulation Project

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice and request for

comments.

SUMMARY: The Department of the

Treasury, as part of its continuing effort

to reduce paperwork and respondent

burden, invites the general public and

other Federal agencies to take this

opportunity to comment on proposed

and/or continuing information

collections, as required by the

Paperwork Reduction Act of 1995, Pub.

L. 104–13 (44 U.S.C. 3506(c)(2)(A)).

Currently, the IRS is soliciting

comments concerning an existing final

regulation, EE–111–80 (TD 8019), Public

Inspection of Exempt Organization

Returns (§ 301.6104(b)–1).

DATES: Written comments should be

received on or before February 2, 1998

to be assured of consideration.

ADDRESSES: Direct all written comments

to Garrick R. Shear, Internal Revenue

Service, room 5571, 1111 Constitution

Avenue NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the information collection

should be directed to Carol Savage,

(202) 622–3945, Internal Revenue

Service, room 5569, 1111 Constitution

Avenue NW., Washington, DC 20224.

SUPPLEMENTARY INFORMATION:

Title: Public Inspection of Exempt

Organization Returns.

OMB Number: 1545–0742.

Regulation Project Number: EE–111–

80.

Abstract: Internal Revenue Code

section 6104(b) authorizes the IRS to

make available to the public the returns

required to be filed by exempt

organizations. The information

requested in section 301.6104(b)–1(b)(4)

of this regulation is necessary in order

for the IRS not to disclose confidential

business information furnished by

businesses which contribute to exempt

black lung trusts.

Current Actions: There is no change to

this existing regulation.

Type of Review: Extension of a

currently approved collection.

Affected Public: Business or other forprofit organizations.

Estimated Number of Respondents:

22.

Estimated Time Per Respondent: 1

hour.

Estimated Total Annual Burden

Hours: 22.

The following paragraph applies to all

of the collections of information covered

by this notice:

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid OMB control number.

Books or records relating to a collection

of information must be retained as long

as their contents may become material

in the administration of any internal

revenue law. Generally, tax returns and

tax return information are confidential,

as required by 26 U.S.C. 6103.

REQUEST FOR COMMENTS: Comments

submitted in response to this notice will

be summarized and/or included in the

request for OMB approval. All

comments will become a matter of

public record. Comments are invited on:

(a) whether the collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

collection of information; (c) ways to

enhance the quality, utility, and clarity

of the information to be collected; (d)

ways to minimize the burden of the

collection of information on

respondents, including through the use

of automated collection techniques or

other forms of information technology;

and (e) estimates of capital or start-up

costs and costs of operation,

maintenance, and purchase of services

to provide information.