6466 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

EFFECTIVE DATE: 0901 UTC, May 22,

1997.

FOR FURTHER INFORMATION CONTACT:

Benny L. McGlamery, Operations

Branch, Air Traffic Division, Federal

Aviation Administration, P.O. Box

20636, Atlanta, Georgia 30320;

telephone (404) 305–5570.

SUPPLEMENTARY INFORMATION:

History

On December 2, 1996, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) by modifying Class E airspace

at Deland, FL (61 FR 63765). This action

would provide adequate Class E

airspace for IFR operations at Deland

Muni-Sidney H. Taylor Airport.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

One letter objecting to the proposal was

received. The commentor stated that

operations at the Lafayette Landings

Airport would be adversely affected by

amending the Deland Class E airspace.

The Lafayette Landings Airport lies

under the current Deland Class E

airspace, which is being extended from

a 7-mile to a 7.6-mile radius of the

Deland Muni-Sidney H. Taylor.

Therefore, aircraft departing Lafayette

Landings Airport that desire to operate

clear of this Class E airspace will have

to fly .6 of a mile further than they

currently do to avoid this airspace. The

FAA considers this insignificant in view

of the safety required to accommodate

aircraft executing SIAPs to Deland

Muni-Sidney H. Taylor Airport.

Designations for Class E airspace

extending upward from 700 feet or more

above the surface are published in

Paragraph 6005 of FAA Order 7400.9D

dated September 4, 1996, and effective

September 16, 1996. The Class E

airspace designation listed in this

document will be published

subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) modifies Class E airspace at

Deland, FL. An amendment to the NDB

or GPS RWY 30 SIAP has been

developed for Deland Muni-Sidney H.

Taylor Airport. Additional controlled

airspace extending upward from 700

feet above the surface (AGL) is needed

to accommodate this SIAP.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore, (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, is amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet above the

surface of the earth.

* * * * *

ASO FL E5 Deland, FL [Revised]

Deland Muni-Sidney H. Taylor Field Airport,

FL

(Lat. 29°04′00′′ N, long. 81°17′03′′ W)

That airspace extending upward from 700

feet above the surface within a 7.6-mile

radius of the Deland Muni-Sidney H. Taylor

Field Airport, excluding that airspace within

the Daytona Beach, FL Class E airspace area.

* * * * *

Issued in College Park, Georgia, on

February 3, 1997.

Wade T. Carpenter,

Acting Manager, Air Traffic Division Southern

Region.

[FR Doc. 97–3504 Filed 2–11–97; 8:45 am]

BILLING CODE 4910–13–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR Part 1217

RIN 2700–AC12

Duty-Free Entry of Space Articles

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: NASA is revising 14 CFR part

1217 to reflect the current import

authority for the Agency, as proclaimed

by the President on March 23, 1995, and

to streamline and clarify NASA’s

internal procedures for the

implementation of this authority.

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT:

John F. Hall, Jr., Senior Attorney

(Commercial), 202–358–2432.

SUPPLEMENTARY INFORMATION: On March

23, 1995, the President issued

Proclamation 6780 (60 FR 15845),

which included an extension and

expansion of NASA’s authority with

respect to duty-free imports of articles

for use by NASA and for the

implementation of its international

programs. NASA’s previous duty-free

certification authority expired by

operation of law on December 31, 1994.

This final rule revises NASA’s dutyfree import regulation, found in 14 CFR

part 1271, to reflect the broader dutyfree import authority promulgated by

the President, and additionally

streamlines and clarifies the internal

Agency procedures for implementation

of this authority. In accordance with

U.S. note 1 subchapter VIII of chapter

98, Harmonized Tariff Schedule of the

United States (HTSUS), as revised by

Proclamation 6780, only imports which

are procurements for NASA will be

subject to customs entry procedures;

however, all imports for NASA’s

domestic and international programs,

including procurements, may be

certified for duty-free treatment. This

rule also permits the issuance of dutyfree import certificates by designated

officials at NASA Field Centers.

Since this action is administrative in

nature and involves Agency policy

management procedures, no public

comment period is required.

I certify that this action is not a

‘‘significant regulatory action’’ under

Executive Order 12866.

List of Subjects in 14 CFR Part 1217

Customs duties and inspection, Space

transportation and exploration.

For the reasons set out in the

preamble, 14 CFR part 1217 is revised

to read as follows:
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6467

PART 1217—DUTY-FREE ENTRY OF

SPACE ARTICLES

Sec.

1217.100 Scope.

1217.101 Applicability.

1217.102 Background.

1217.103 Authority to certify.

1217.104 Certification forms.

1217.105 Procedures.

1217.106 Articles brought into the United

States by NASA from space.

Authority: Sections 101 and 103 of Pub. L.

103–465, 108 Stat. 4814 and 4819;

Proclamation No. 6780 of March 23, 1995, 60

FR 15845 (March 27, 1995).

§ 1217.100 Scope.

This part sets forth policy and

procedures with respect to the use of the

NASA’s authority to certify to the U.S.

Commissioner of Customs duty-free

entry of articles into the United States

for the use of NASA or for

implementation of a NASA

international program, including articles

that will be launched into space, spare

parts for such articles, ground support

equipment, or uniquely associated

equipment for use in connection with a

NASA international program or launch

service agreement. This Part also sets

forth NASA’s procedures with respect to

the use of its authority to bring foreignowned articles and articles from space

into the customs territory of the United

States, and describes the nonimport

status of such articles.

§ 1217.101 Applicability.

This part applies to qualifying articles

entered or withdrawn from warehouse

for consumption in the customs territory

of the United States, and to articles

brought into the customs territory of the

United States by NASA from space or

from foreign country as part of the

NASA international program.

§ 1217.102 Background.

In order to encourage and facilitate

the use of NASA’s launch services for

the exploration and use of space, section

116 of Public Law 97–446 provided for

the duty-free entry into the United

States of certain articles imported by

NASA for its space-related activities or

articles imported by another person or

entity for the purpose of meeting its

obligations under a launch services

agreement with NASA. Such articles

were certified by NASA to the

Commissioner of Customs for duty-free

entry to be launched into space or space

parts or necessary and uniquely

associated support equipment for use in

connection with a launch into space.

This exemption from duty was provided

for in Subheading 9808.00.80,

Harmonized Tariff Schedule of the

United States (HTSUS) (19 U.S.C. 1202).

Also, HTSUS, Chapter VIII, U.S. note 1,

pursuant to the same law, provided that

return of articles by NASA from space

to the United States would not be

considered an importation, and

similarly not be subject to a duty.

As a result of the Uruguay Round

agreements of the 1994 General

Agreement on Tariffs and Trade, this

authority was revised and expanded in

scope. It now provides that imports of

articles for NASA’s use and articles

imported to implement NASA’s

international programs, including

articles to be launched into space, parts

thereof, ground support equipment, and

uniquely associated equipment for use

in connection with NASA’s

international programs and launch

service agreements would be eligible for

duty-free customs entry upon

certification by NASA to the

Commissioner of Customs. The revised

authorities also provided, in U.S. note 1

to subchapter VIII of chapter 98 of the

HTSUS, that articles brought into the

customs territory of the United States by

NASA from space or from a foreign

country as part of a NASA’s

international programs would not be

considered imports or subject to

customs entry requirements.

§ 1217.103 Authority to certify.

(a) The following NASA officials,

their deputies, and designees within

their respective organizations are

authorized, under the conditions

described herein, to make the

certification to the Commissioner of

Customs required for the duty-free entry

of space articles pursuant to subheading

HTSUS 9808.00.80.

(1) The NASA Associate

Administrator for Procurement is

authorized to issue the certification for

articles imported into the United States

which are procured by NASA or by

other U.S. Government agencies, or by

U.S. Government contractors or

subcontractors when title to the articles

is or will be vested in the U.S.

Government pursuant to the terms of the

contract or subcontract. Requests for

certification should be sent to: Office of

Procurement, Attn: HK/Director,

Contract Management Division,

National Aeronautics and Space

Administration, Washington, DC 20546.

(2) The NASA Associate

Administrator for External Relations is

authorized to issue the certification for

articles imported into the United States

pursuant to international agreements.

Requests for certification should be sent

to: Office of External Relations, Attn: ID/

Manager, International Technology

Transfer Policy, National Aeronautics

and Space Administration, Washington,

DC 20546.

(3) The NASA Associate

Administrator for Space Flight is

authorized to issue the certification for

articles imported into the United States

by persons or entities under agreements

other than those identified in

paragraphs (a)(1) and (a)(2) of this

section, including launch services

agreements. Requests for certification

should be sent to: Office of Space Flight,

Attn: M/Director, Space Operations

Utilization, National Aeronautics and

Space Administration, Washington, DC

20546.

(b) Each certification by the officials

identified in paragraphs (a)(1), (a)(2),

and (a)(3) of this section shall receive

the concurrence of the Office of the

General Counsel.

(c) Subject to procedures established

by the officials identified in paragraphs

(a)(1), (a)(2), or (a)(3) of this section, as

appropriate, the Center Procurement

Officer or a Program Manager at a NASA

Installation who is designated by an

official identified in paragraphs (a)(1),

(a)(2), or (a)(3) of this section may make

the certification to the Commissioner of

Customs required for the duty-free entry

of space articles pursuant to subheading

HTSUS 9808.00.80. Such procedures

shall include the following

requirements:

(1) All such certifications by

designated Procurement Officers or

Program Managers shall receive the

concurrence of the Chief Counsel of the

issuing NASA Installation; and

(2) All such certifications by

designated Procurement Officers or

Program Managers shall be promptly

reported to an official identified in

paragraphs (a)(1), (a)(2), or (a)(3) of this

section, as appropriate.

§ 1217.104 Certification forms.

To the extent an authorized NASA

official approves a request for

certification, that official shall sign a

certificate in the following form:

(a) For articles procured by NASA, a

Customs Service Form CF 7501 (Entry

Summary) shall be completed, and the

following certification shall be used:

Articles for the National Aeronautics and

Space Administration

Item 9808.00.80, Harmonized Tariff Schedule

of the United States

Program: llllllllllllllll

I hereby certify that the articles identified

in [attached invoice] are being imported for

the use of the National Aeronautics and

Space Administration (NASA) in accordance

with 9808.00.80, Harmonized Tariff Schedule

of the United States.

Name llllllllllllllllll
6468 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

Date llllllllllllllllll

(b) For articles imported by NASA to

implement international programs of

NASA to which NASA will take title, or

which remain the property of foreign

entities under such programs, no entry

is required pursuant to U.S. note 1 to

HTSUS subchapter VIII of chapter 98.

For such articles, the following

certification shall be used:

Articles for Use in an International Program

of the National Aeronautics and Space

Administration

Item 9808.00.80, Harmonized Tariff Schedule

of the United States

Program: llllllllllllllll

Foreign Owner(s) (if applicable): lllll

In accordance with subheading 9808.00.80

and U.S. note 1 to subchapter VIII of chapter

98, Harmonized Tariff Schedule of the

United States, I hereby certify that the abovedescribed shipment is being brought into the

customs territory of the United States as part

of an international program of the National

Aeronautics and Space Administration

(NASA). No CF 7501 entry is required for this

shipment. All articles contained in this

shipment are, and shall remain, the property

of NASA or of the foreign entities identified

above. Except for articles consumed in the

execution of the above-described Program,

none of these articles will be made available

for sale or other disposition to persons or

institutions not directly involved in the

Program identified above.

Name llllllllllllllllll

Date llllllllllllllllll

(c) A blanket certificate for a series of

imports under a specific NASA

international program or procurement is

authorized but shall require written

verification by a NASA official

designated by a Director of a receiving

NASA Installation that the articles

received meet the conditions of the

certificate. The blanket certificate shall

be in the form of the certifications set

forth in paragraphs (a) or (b) of this

section, as appropriate, but shall

include the following paragraph at the

end thereof:

Before this certification is used to obtain

duty-free entry of these articles, a cognizant

NASA official at the receiving NASA

Installation, who is designated by the

Installation Director, shall verify in writing

that specifically identified articles to be

entered on a particular date are the articles

described in this certificate or its

attachments. This verification and this

certification shall be presented to the U.S.

Customs Service at the time entry for the

particular articles is sought.

Name llllllllllllllllll

Date llllllllllllllllll

With respect to articles represented to

be: procurements by NASA; or imports

to implement international programs of

NASA to which NASA will take title, or

foreign-owned articles for use in a

NASA international program, the NASA

official issuing the blanket certificate

shall review the proposed articles and

approve their eligibility for duty-free

entry. A description of these articles

shall either be referred to in the blanket

certificate and provided in Form CF

7501 (Entry Summary) for procurements

or attached to the certificate for imports

to implement NASA international

programs, as appropriate.

§ 1217.105 Procedures.

(a) Requests for certification shall be

forwarded to an appropriate NASA

official or designee as provided for in

§ 1217.103 of this part.

(b) Each request for certification shall

be accompanied by:

(1) A proposed certificate as provided

for in § 1217.104 of this part;

(2) The information and

documentation required by 19 CFR

10.102(a), including invoice

documentation or a description of

covered articles; and

(3) The anticipated date of entry of

entry and port of entry for each article.

If the article is to be transported in bond

from the port of arrival to another port

of entry in the United States, identify

both ports.

(c) The signed certificate and its

attachment(s) will be forwarded to the

NASA Installation responsible for dutyfree entry of the materials, unless issued

at such Installation by an authorized

official in accordance with § 1217.103(c)

of this part. These documents shall be

presented to an appropriated Customs

official at the port(s) of entry. The

procedures specified in 19 CFR 10.102

will be followed by the NASA

Installation in obtaining duty-free entry

at the Customs port(s) of entry. The

NASA Installation should ensure that, at

the time the articles are to be released

after Customs entry, the custody of the

imported articles is transferred directly

from the carrier or from the U.S.

Customs Service to the NASA

Installation, its agent, or the launch

service customer in the case of a Launch

and Associated Services Agreement.

(d) If articles procured under contract

by NASA are imported prior to

compliance with these procedures and

it is essential that the articles be

released from Customs custody prior to

such compliance, the procedures

outlined in 19 CFR 10.101 may be

followed by cognizant NASA officials to

secure the release of the articles from

Customs custody. To the extent

applicable, the procedures in § 1217.105

of this part shall be followed when time

permits to obtain duty-free entry for the

articles released from Customs custody.

§ 1217.106 Articles brought into the United

States by NASA from space.

Pursuant to U.S. note 1 subchapter

VIII of chapter 98, HTSUS, articles

brought into the customs territory of the

United States by NASA from space shall

not be considered an importation, and

no certification or entry of such

materials through U.S. Customs shall be

required. This provision is applicable to

articles brought to the U.S. from space

whether or not the articles were

launched into space aboard a NASA

vehicle.

Daniel S. Goldin,

Administrator.

[FR Doc. 97–3415 Filed 2–11–97; 8:45 am]

BILLING CODE 7510–01–M

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 240

[Release No. 34–38246; File No. S7–30–95]

RIN 3235–AG66

Order Execution Obligations

AGENCY: Securities and Exchange

Commission.

ACTION: Revised compliance dates;

exemptive order.

SUMMARY: The Securities and Exchange

Commission is revising the compliance

dates and is providing exemptive relief

to responsible brokers and dealers,

electronic communications networks,

exchanges, and associations with

respect to certain Nasdaq securities to

be phased-in under Rule 11Ac1–4

(‘‘Limit Order Display Rule’’) and

amendments to Rule 11Ac1–1 (‘‘ECN

Amendment’’) (cumulatively ‘‘Order

Execution Rules’’).

DATES: Effective: February 5, 1997.

Compliance Dates: Compliance with the

Order Execution Rules shall continue to

be required with respect to exchangelisted securities and the 50 Nasdaq

securities that were phased-in on

January 20, 1997. The phase-in schedule

with respect to the next 100 Nasdaq

securities shall be as follows: (1) 50

Nasdaq securities shall be phased-in on

February 10, 1997; (2) an additional 50

Nasdaq securities shall be phased-in on

February 24, 1997.

Exemptive Relief: The Commission is

exempting responsible brokers and

dealers, electronic communications

networks, exchanges, and associations,

until April 14, 1997, from the

requirements of the Order Execution

Rules with respect to the Nasdaq

securities not phased-in under such

rules as of February 24, 1997.