Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations 8623

(2) In the case of a product first

manufactured into a product classifiable

in HTSUS subheading 4407.10.00,

4409.10.10, 4409.10.20, or 4409.10.90 in

the Province of Ontario, Quebec, British

Columbia, or Alberta:

(i) The export permit number issued

by the Government of Canada for the

product; and

(ii) An indication of the export fee

payment status of the product for which

the permit was issued according to the

following categories:

(A) Category A: No payment of an

export fee because the exported product

falls within the base amount of 14.7

billion board feet. This category

includes products for which the export

permit was issued without an indication

of the export fee status;

(B) Category B: Payment of the export

fee applicable to a product exported in

excess of 14.7 billion board feet but not

in excess of 15.35 billion board feet;

(C) Category C: Payment of the export

fee applicable to a product exported in

excess of 15.35 billion board feet; or

(D) Category D: No payment of an

export fee where the product was

exported in excess of 14.7 billion board

feet because the average price of a

benchmark softwood lumber price

exceeds a prescribed trigger price during

any quarterly period as determined by

the Governments of Canada and the

United States. If the issued permit

pertains to this category, the specific

quarterly period shall also be indicated

on the Customs Form 7501 or electronic

equivalent.

(c) Untimely issuance of export

permit. If an export permit for the

product has not been issued by the

Government of Canada on or before the

required date for filing the entry

summary documentation as provided in

§ 142.12(b) or § 142.23 of this chapter,

the importer shall have a maximum of

10 additional working days to file the

entry summary documentation setting

forth all of the information specified in

paragraph (b)(2) of this section. If an

export permit for the product has not

been issued by the Government of

Canada within the maximum time

period specified in this paragraph, the

entry summary or electronic equivalent

shall be filed on the next business day

and shall be completed in pertinent part

as follows:

(1) The export permit number field

shall be completed by inserting as many

eights as are necessary to complete the

field; and

(2) The export fee payment status

field shall be completed by inserting an

‘‘A’’ followed by two zeros.

(d) Absence of export permit number

and fee status data for certain

remanufactured softwood lumber

products. In the case of a softwood

lumber mill product classifiable in

HTSUS subheading 4407.10.00,

4409.10.10, 4409.10.20, or 4409.10.90

that is imported from Canada and that

was first manufactured in Canada in the

Province of Ontario, Quebec, British

Columbia, or Alberta, if no export

permit for the product is issued by the

Government of Canada because the

product was previously subjected to

processing operations outside Canada,

the entry summary, Customs Form 7501,

or an electronic equivalent, shall

include the Canadian province or

territory in which the product was first

manufactured and also shall be

completed in pertinent part as follows:

(1) The export permit number field

shall be completed by inserting as many

nines as are necessary to complete the

field; and

(2) The export fee payment status

field shall be completed by inserting an

‘‘A’’ followed by two zeros.

PART 113—CUSTOMS BONDS

1. The authority citation for Part 113

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1623, 1624.

* * * * *

2. Section 113.62 is amended:

a. By redesignating paragraph (k) as

paragraph (l);

b. In the penultimate sentence of

paragraph (l)(4) of redesignated

paragraph (l), by removing the reference

‘‘paragraph (k)(1)’’ and adding, in its

place, the reference ‘‘paragraph (l)(1)’’;

and

c. By adding a new paragraph (k) and

adding a new paragraph (l)(5) at the end

of newly designated paragraph (l) to

read as follows:

§ 113.62 Basic importation and entry bond

conditions.

* * * * *

(k) Agreement to ensure and establish

issuance of softwood lumber export

permit and collection of export fees. In

the case of a softwood lumber product

imported from Canada that is subject to

the requirement that the Government of

Canada issue an export permit pursuant

to the Softwood Lumber Agreement, the

principal agrees, as set forth in

§ 12.140(a) of this chapter, to assume the

obligation to ensure within 20 working

days of release of the merchandise, and

establish to the satisfaction of Customs,

that the applicable export permit has

been issued by the Government of

Canada.

(l) * * *

(5) If the principal defaults on

agreements in the condition set forth in

paragraph (k) of this section only, the

obligors agree to pay liquidated damages

equal to $100 per thousand board feet of

the imported lumber.

Approved: February 20, 1997.

George J. Weise,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–4682 Filed 2–25–97; 8:45 am]

BILLING CODE 4820–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA 083–4036a, PA 083–4037a, PA 069–

4035a; FRL–5690–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania Source-Specific VOC

and NOX RACT Determinations, and

1990 Base Year Emissions for One

Source; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction.

SUMMARY: This action corrects the

citation of a direct final rule, which was

published on Friday, December 20, 1996

(61 FR 67229). This action pertains to

the Pennsylvania source-specific RACT

determinations for three sources: Caparo

Steel Company, Sharon Steel Company,

and Pennsylvania Electric Company—

Williamsburg Station.

EFFECTIVE DATE: February 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Janice Lewis, (215) 566–2185, or

Carolyn Donahue, (215) 566–2095.

SUPPLEMENTARY INFORMATION:

Background

On December 20, 1996 (61 FR 67229)

EPA published a direct final rule

approving a SIP revision submitted by

Pennsylvania pertaining to

Pennsylvania source-specific RACT

determinations for Caparo Steel, Sharon

Steel, and Penelec—Williamsburg, and

1990 Base year emissions for Sharon

Steel Company.

Need for Correction

As published, the direct final rule

contains an error which may prove to be

misleading and is in need of

clarification. The error is typographical

in nature; the state submittal from the

Pennsylvania Department of

Environmental Protection (PADEP)

correctly cites the emission limit for

Penelec—Williamsburg.
8624 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations

Correction of Publication

Accordingly, the publication on

December 20, 1996 (61 FR 57232, FR

Doc. 96–32369), Part 52, § 52.2037 is

being amended by correcting an error in

paragraph (f). On page 67232, in the first

column, in the second sentence of

paragraph (f) the words, ‘‘* * * 21.7

pounds of NOX per million British

thermal units (lb/MMBtu) * * *’’ are

corrected to read, ‘‘* * * 21.7 pounds

of NOX per ton of coal fired (lb/ton)

* * *’’.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements.

Dated: February 4, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 97–4661 Filed 2–25–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[WA50–7123a; FRL–5692–8]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving in part, and

disapproving in part, and taking no

action in part on the Regulations of the

Southwest Air Pollution Control

Authority (SWAPCA) for the control of

air pollution in Clark, Cowlitz, Lewis,

Skamania and Wahkiakum Counties,

Washington, as revisions to the

Washington State Implementation Plan

(SIP). These revisions pertain to General

Regulations for Air Pollution Sources

administered by SWAPCA. These

revisions were submitted to EPA by the

Director of the Washington Department

of Ecology (WDOE) on January 24, 1996.

In accordance with Washington statutes,

SWAPCA rules must be at least as

stringent as the WDOE statewide rules.

DATES: This action is effective on April

28, 1997, unless adverse or critical

comments are received by March 28,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: 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, DC 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, 1200 Sixth Avenue (OAQ–107),

Seattle, Washington 98101; and, the

State of Washington, Department of

Ecology, 4550 Third Avenue SE, Lacey,

Washington 98504.

FOR FURTHER INFORMATION CONTACT:

Wayne Elson, Office of Air Quality

(OAQ–107), EPA, Seattle, Washington

98101, (206) 553–1463.

SUPPLEMENTARY INFORMATION:

I. Background

SWAPCA amended Chapter 400 of its

rules on September 21, 1995. The

WDOE, on behalf of the Governor,

submitted the amended regulations to

EPA on January 24, 1996, as a revision

to the Washington SIP. The amended

regulations pertain to General and

Operating Permit Regulations for Air

Pollution Sources administered by

SWAPCA, and adopt by reference

various other State regulations. Some of

the regulations adopted by reference

have been the subject of previous EPA

actions on the SIP.

II. This Action

The State of Washington’s January 24,

1996, request for SIP revision includes

regulations contained in Chapter 400 of

SWAPCA’s rules. Certain of these

regulations are amendments to those

currently contained in the SIP; others

are entirely new additions.

A. Unchanged

EPA approves SWAPCA 400–052,

–151, –161, –190, –205, –210, –220,

–240, and –260 regulations currently in

the SIP, and unchanged by the January

24, 1996, revisions.

B. Modifications

EPA approves the modifications and/

or additions to the SWAPCA 400–010,

–020, –030, –040, –050, –060, –070,

–074, –075, –076, –081, –091, –100,

–101, –105, –107, –109, –110, –112,

–113, –114, –115, –171, –172, –200,

–230, –250, –270, and –280 regulations

currently in the SIP. Subsections of

these regulations that EPA takes no

action on are noted. Some are editorial

changes which are housekeeping in

nature. Most of those subsections EPA

also took no action in May 3, 1995 (60

FR 21703). These minor changes are not

substantial and provide technical or

administrative clarification. The

language in twelve of these regulations

has been modified only slightly from

that used in versions currently in the

approved SIP. They include: 400–010

Policy and Purpose, 400–020

Applicability, 400–060 Emission

Standards for General Process Units,

400–081 Startup and Shutdown, 400–

091 Voluntary Limits on Emissions,

400–107 Excess Emissions, 400–112

Requirements for New Sources in

Nonattainment Areas, 400–113

Requirements for New Sources in

Attainment or Nonclassifiable Areas,

400–114 Requirements for Replacement

or Substantial Alteration of Emission

Control Technology at an Existing

Stationary Source, 400–171 Public

Involvement, 400–200 Creditable Stack

Height and Dispersion Techniques, and

400–250 Appeals.

The remaining changed regulations

are described as follows. In 400–030, a

definition (15) ‘‘closure’’ or stopping all

processes at a facility is added. In 400–

030, the second sentence of definitions

(14) ‘‘Class I area’’ and (45) ‘‘Mandatory