58840 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Notices

submittal to the FAA, are available for

review at the following locations:

Federal Aviation Administration, 800

Independence Avenue, S.W., Room

617, Washington, D.C. 20591;

Federal Aviation Administration,

Detroit Airports District Office,

Willow Run Airport, East, 8820 Beck

Road, Belleville, Michigan 48111;

City of Cleveland, Department of Port

Control, 5300 Riverside Drive,

Cleveland, Ohio 44315–3193.

Questions may be directed to the

individual named above under the

hearing, FOR FURTHER INFORMATION

CONTACT.

Issued in Belleville, Michigan, August 30,

2000.

James M. Opatrny,

Acting Manager, Detroit Airports District

Office, Great Lakes Region.

[FR Doc. 00–25264 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE–2000–53]

Petitions for Exemption; Summary of

Petitions Received; Dispositions of

Petitions Issued

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of petitions for

exemption received and of dispositions

of prior petitions.

SUMMARY: Pursuant to FAA’s rulemaking

provisions governing the application,

processing, and disposition of petitions

for exemption (14 CFR Part 11), this

notice contains a summary of certain

petitions seeking relief from specified

requirements of the Federal Aviation

Regulations (14 CFR Chapter I),

dispositions of certain petitions

previously received, and corrections.

The purpose of this notice is to improve

the public’s awareness of, and

participation in, this aspect of FAA’s

regulatory activities. Neither publication

of this notice nor the inclusion or

omission of information in the summary

is intended to affect the legal status of

any petition or its final disposition.

DATES: Comments on petitions received

must identify the petition docket

number involved and must be received

on or before October 23, 2000.

ADDRESSES: Send comments on any

petition in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attn: Rule Docket (AGC–

200), Petition Docket No. llll, 800

Independence Avenue, SW.,

Washington, D.C. 20591.

The petition, any comments received,

and a copy of any final disposition are

filed in the assigned regulatory docket

and are available for examination in the

Rules Docket (AGC–200), Room 915G,

FAA Headquarters Building (FOB 10A),

800 Independence Avenue, SW.,

Washington, D.C. 20591; telephone

(202) 267–3132.

FOR FURTHER INFORMATION CONTACT:

Forest Rawls (202) 267–8033, or

Vanessa Wilkins (202) 267–8029 Office

of Rulemaking (ARM–1), Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591.

This notice is published pursuant to

§ 11.85 and 11.91 of Part 11 of the

Federal Aviation Regulations (14 CFR

Part 11).

Issued in Washington, D.C., on September

27, 2000.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.

Petitions for Exemption

Docket No.: 27001.

Petitioner: British Aerospace Regional

Aircraft.

Section of the FAR Affected: 14 CFR

§ 25.62(c)(5) and 25.785(a).

Description of Relief Sought: To

permit an extension of Exemption

5887F regarding the Head Injury Criteria

(HIC) for front row passenger seats on

Jetstream Model 4100 airplanes.

Petition for Exemption

Docket No.: 27001.

Petitioner: British Aerospace Regional

Aircraft.

Regulations Affected: 14 CFR

§ 25.562(c)(5), 25.785(a).

Description of Petition: To allow an

extension of Exemption 5887F regarding

the Head Injury Criteria (HIC) for front

row passenger seats on the Jetstream

Model 4100 airplanes.

[FR Doc. 00–25265 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Customs Service

Announcement of a National Customs

Automation Program Test Regarding

Submission to Customs of Electronic

Air Cargo Manifest Information

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: General notice.

SUMMARY: This notice announces

Customs plan to conduct a prototype

test program under the National

Customs Automation Program that will

permit qualified air carriers to submit

electronic air cargo manifest

information to Customs prior to arrival

of the aircraft in the United States, and

will eliminate the requirement that a

Customs Form 7509 (Air Cargo

Manifest) be submitted upon arrival.

Electronic filing of air cargo manifest

information will permit Customs to

electronically review the data prior to

arrival of the carrier in the U.S, facilitate

cargo control and processing, and

provide for the electronic release of

cargo. This notice solicits public

participation in the test program in

accordance with the eligibility and

procedural requirements set forth in this

document, and invites comments

concerning any aspect of the planned

test.

EFFECTIVE DATES: The test will

commence no sooner than January 2,

2001. Comments concerning the

eligibility standards, selection criteria,

procedural requirements, or information

submission requirements must be

received on or before November 1, 2000.

ADDRESSES: Written comments

(preferably in triplicate) may be

submitted to and inspected at the

Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, 1300 Pennsylvania Avenue,

NW., 3rd Floor, Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: For

operational or policy matters: Sandra

Hasegawa, Program Officer, (202) 927–

0983; John Considine, Chief, Manifest &

Conveyance, (202) 927–0042. For

systems or automation matters:

Assigned Client Representative or

Michael Mohr, Client Representative,

(703) 921–7072. For legal matters: Larry

L. Burton, Attorney Advisor (202) 927–

1287.

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 3 title VI establishes the National

Customs Automation Program (NCAP),

an automated and electronic system for

the processing of commercial

importations. Section 631 of the Act

creates sections 411 through 414 of the

Tariff Act of 1930 (19 USC 1411 through

1414), which define and list the existing

and planned components of the NCAP

(section 411), establish program goals

(section 412), provide for the

implementation and evaluation of the

program (section 413), and provide for

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Notices 58841

the remote location filing of entries

(section 414). Requirements for

conducting an approved test program or

procedure designed to evaluate planned

components of the NCAP are set forth in

§ 101.9 of the Customs Regulations (19

CFR 101.9).

I. Description of Test Program

Air Cargo Manifest

Section 122.42(c) of the Customs

Regulations (19 CFR 122.42(c)), requires

that the aircraft commander of an

aircraft arriving in the United States

from a foreign area, or his agent, must

deliver upon arrival any required forms

to the Customs officer at the place of

entry. Section 122.48 of the Customs

Regulations (19 CFR 122.48) provides

that an air cargo manifest is required for

all cargo on board a flight arriving in the

United States from a foreign area, except

for cargo arriving from and departing for

a foreign country on the same through

flight. Section 122.48(c) provides that

the air cargo manifest must be on the

Customs Form (CF) 7509.

Electronic Submission of Air Cargo

Manifest Information

In an attempt to facilitate cargo

processing and release, for the past

several years Customs has accepted

electronic air cargo manifest

information from importing carriers. In

such circumstances, however,

submission of the paper CF 7509 was

still required upon the carrier’s arrival

in the United States, even though an

electronic submission of manifest data

had already been submitted to Customs.

In a more comprehensive attempt to

facilitate the control, processing and

release of air cargo, Customs will

permit, via this test program,

participating Air Automated Manifest

System (AAMS) air carriers who meet

the electronic and procedural

requirements set forth in this document

to electronically file air cargo manifest

information with Customs prior to the

aircraft’s arrival in the United States and

will eliminate the requirement that a CF

7509 be submitted. For the duration of

this test period, § 122.48(c) will be

suspended for test program participants.

It is anticipated that the test program

will run for approximately one year. In

the event, however, that Customs

determines that a longer test program

period is required, the test program will

continue to run, uninterrupted, until it

is concluded by notice in the Federal

Register.

Customs Objectives

Customs objectives in conducting this

test program are:

1. To work with the trade community,

government agencies, and other parties

impacted by this program in the

implementation and evaluation of the

test program; and,

2. To gain experience from the test

program relating to the design of

automated systems, the development of

operational procedures that facilitate

cargo release (i.e., communication, cargo

movement), and whether participants

can meet the test program requirements

of transmitting timely, complete and

accurate manifest data.

Regulatory Provision Suspended

As noted above, § 122.48(c),

pertaining to the presentation of an air

cargo manifest on the CF 7509, will be

suspended during this test. Participants

generally will not be required to submit

a CF 7509 to Customs or have a copy on

board the aircraft, but must be able to

provide Customs with required

information electronically or otherwise

on demand. Participation in this test

program does not preclude compliance

with the applicable requirements of

other government agencies as they relate

to cargo manifest information. A CF

7507 General Declaration is still

required and must be presented to

Customs upon arrival at the port of

entry. The CF 7507 is also required for

flights proceeding in-land on a permitto-proceed.

II. Test Program Eligibility Criteria

To be eligible for participation in the

test program, an air carrier must

demonstrate the following:

1. A carrier must be a qualified AAMS

carrier. A qualified AAMS carrier has

been tested and certified by Customs to

possess the technical capability to

transmit and receive all types of AAMS

data. Technical requirements for AAMS

carriers are set forth in the Customs

publication entitled ‘‘Customs

Automated Manifest Interface

Requirements—‘‘Air’’ (CAMIR). Those

carriers that are not currently AAMS

qualified, and wish to be, should submit

a written request to become an AAMS

participant to the Customs Client

Representative Branch closest to the

applicant’s operational location. A list

of Customs Client Representative offices

may be obtained from United States

Customs Service, Office of Information

and Technology, Client Representative

Branch, 7501 Boston Boulevard,

Springfield, VA 22153, (703) 921–7500;

2. A qualified AAMS carrier must

have completed a period of dual mode

testing at a designated AAMSautomated Customs port. Dual mode

testing requires that a carrier submit

both a CF 7509 and an electronic

transmission of air cargo manifest data

to the designated AAMS-automated

Customs port for a specified period of

time. A carrier is required to participate

in dual-mode testing at a designated

AAMS-automated Customs port for a

period generally not to exceed 45 days,

although the time may be extended at

the discretion of the port director; and

3. A carrier must possess the ability

to electronically transmit to Customs

complete air cargo manifest information,

and any other required information, for

all their flights arriving at the

designated AAMS-automated Customs

port, including in-bond cargo imported

by a non-automated air carrier.

III. Test Program Application and

Selection Process

Application Process

An air carrier that satisfies the

eligibility criteria set forth in this

document may apply to be a participant

in this test program. Customs will

accept applications from eligible air

carriers for the duration of the test

program. A written request to be

considered for participation in the test

program should be sent to the air

carrier’s designated Customs Client

Representative (see above). The request

must designate the AAMS-automated

Customs port(s) to which the electronic

air cargo manifest information will be

transmitted, indicate the means by

which the electronic transmissions will

be sent (i.e. direct line, Service Center,

etc.), designate a point of contact and

telephone number within the

applicant’s organization, and be signed

by an authorized official. Upon review

of the application, Customs will notify

the applicant in writing as to whether

the request to be a test program

participant has been approved or

denied. If denied, Customs will issue

written notice to the applicant that sets

forth the basis for the denial and

informs the applicant of the right to

reapply after any deficiencies identified

in the notice of denial have been

corrected.

Participant Selection

Any importing air carrier that applies

for permission to participate in the test

program, and meets the eligibility

requirements described above, will be

given due consideration by Customs.

Selection will be based on the extent of

an applicant’s electronic interface

capabilities and the ability to meet the

technical user requirements identified

in the CAMIR as well as the

requirements set forth in this notice.

Participation in this test program will

not be considered confidential

58842 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Notices

information, and the identity of

participants will be made available to

the public upon written request.

IV. Test Program Procedures

Program procedures will be closely

coordinated with all participating and

affected parties. The following

procedures apply to all participant air

carriers and will be in effect for the

duration of the test program:

1. All carriers must transmit full air

cargo manifest data to AAMS at least

one (1) hour prior to aircraft arrival. If

this condition cannot be met, a paper

manifest must be made available before

cargo may be moved.

2. Copies of air waybills must be

presented to Customs, on demand, for

enforcement purposes.

3. All carriers must transmit specified

quantities for cargo at the lowest

deliverable level.

4. Full manifest data must be

submitted to Customs by all air carriers

and is to include all house air waybill

information, including shipper/

consignee information, and complete

address data as shown on the paper air

waybill.

5. Consolidations with only one house

air waybill must be transmitted as a

master air waybill along with a house

air waybill. The carrier may not elect to

send this information in as a simple air

waybill for expediency purposes.

6. House air waybill numbers must be

accurate. If an alpha prefix appears on

the house air waybill as part of the air

waybill number, this information must

be included in the electronic

transmission. The carrier may not elect

to eliminate the alpha prefix from house

air waybills when sending the electronic

information.

7. If cargo is being transferred to an

automated deconsolidator, the carrier

may nominate the deconsolidator to

complete the manifest information. If

the cargo is being transferred to a nonautomated deconsolidator, the carrier

will be held responsible for the

transmission of full house air waybill

information.

8. Carriers must have electronic

authorization from Customs to release

cargo. If systemic problems preclude an

electronic authorization for release, a

paper request for release is required. A

signed Customs Form 3461 alone will

not be an authorization for release for

the purposes of this test program.

9. Cargo may not be transferred

without an authorization for transfer

from Customs via the electronic system.

Blanket permits to transfer will not be

allowed during the test period for test

participants.

10. If for any reason the electronic

system becomes inoperative or Customs

is unable to receive electronic manifest

information, parties will be required to

submit a paper air cargo manifest on

Customs Form 7509 or any other

Headquarters pre-approved document. If

for any reason the Air Automated

Manifest System, Cargo Selectivity, or

other entry related automated system is

inoperative and electronic cargo release

and selectivity is not possible, a

Customs port director, after a 2 hour

waiting period, will implement

procedures to allow for the nonelectronic release of cargo until such

time as electronic systems are again

operative. The port director will ensure

that any of the appropriate information

on entries released under these manual

procedures is properly entered into the

electronic system as soon as possible.

V. Suspension From the Test Program

and Administrative Review

Suspension, Penalties and Liquidated

Damages

A test program participant’s failure to

comply with any of the procedural

requirements or operational standards

set forth in this document, or failure to

adhere to all applicable laws and

regulations, may result in the temporary

or permanent suspension of the air

carrier from the test program, and may

subject the air carrier to penalties,

liquidated damages, or other

administrative sanctions.

Written Notice

Except in instances of willfulness on

the part of the test program participant,

or where public health, interest or safety

is at issue, the port director at the

designated AAMS-automated Customs

port will issue a written notice of

proposed suspension to the test program

participant. The notice will inform the

air carrier of the following:

The basis for the proposed action and

all applicable terms and conditions;

2. The right to seek administrative

review of the action, pursuant to the

terms set forth in this document;

3. That any action will be held in

abeyance for a period of 10 calendar

days from the date of the notice or, if the

test program participant timely seeks

administrative review of the matter

pursuant to the terms set forth in this

document, pending conclusion of

Customs review of the matter at the port

level; and

4. That failure to seek administrative

review of this matter pursuant to the

terms set forth in this document will

constitute acceptance of the terms and

conditions set forth in the notice, will

preclude any further administrative

review of the matter, and the proposed

suspension will automatically go into

effect at midnight of the 10th calendar

day from the date of the notice.

Where there is willfulness on the part

of the test program participant, or where

public health, interest or safety is

concerned, suspension from the test

program may go into effect immediately

upon the issuance, by the port director

to the test program participant, of an

electronic notice setting forth the basis

for the immediate suspension and any

other related information. Within 5

calendar days from the date the

electronic notice was issued, Customs

will issue a written notice of immediate

suspension to the test program

participant. A notice of immediate

action, whether in an electronic or

paper format, will provide the same

type of information as contained in a

notice of proposed suspension. An

immediate suspension will remain in

effect pending conclusion of any

administrative review of the action by

Customs.

Administrative Review

To seek administrative review of a

suspension from the test program, the

air carrier must submit documentation

to the port director of the Customs port

that issued the suspension notice within

10 calendar days from the date the

notice of proposed suspension or the

electronic notice of immediate

suspension was issued. The

documentation must establish, to the

satisfaction of Customs, that the alleged

deficiencies which led to the action did

not occur or have been corrected.

The port director will review the

documentation and issue a written final

notice to the test program participant

within 30 calendar days from the date

the documentation was received by

Customs, unless this time period is

extended upon due notice. The final

notice will either impose a suspension,

effective upon the date of the final

notice, or provide notice that no

suspension will be imposed.

In the case of an air carrier seeking

administrative review of an immediate

suspension, the same documentation

requirements set forth above apply. The

port director will review the

documentation and issue a written final

notice to the test program participant

within 30 calendar days from the date

the documentation was received by

Customs, unless this time period is

extended upon due notice. The final

notice will inform the test program

participant that either the suspension

has been affirmed, or modified in its

terms and conditions, or the suspension

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Notices 58843

has been revoked, effective upon the

date of the final notice.

If a suspension is imposed, the

suspended test program participant may

seek a second level of administrative

review and appeal the final notice of

suspension by submitting

documentation to the Assistant

Commissioner, Office of Field

Operations, within 10 calendar days

from the date of the final notice.

The Assistant Commissioner, Office of

Field Operations, or his designee, will

issue to the suspended test program

participant a written decision within 30

calendar days from the date the

documentation was received, unless this

time period is extended upon due

notice. The decision will affirm, modify,

or revoke the final notice of suspension

and will set forth the basis for the

determination, as well as all other

applicable terms and conditions.

VI. Test Evaluation Criteria

Once participants are selected,

Customs and the participants will meet

publicly or in an electronic forum to

review the comments received

concerning the methodology of the test

program or procedures, complete

procedures in light of those comments,

form problem-solving teams, and

establish baseline measures and

evaluation methods and criteria.

Evaluations of the test program will be

conducted and the final results will be

published in the Federal Register and

Customs Bulletin, as required by section

101.9(b), Customs Regulations.

The following evaluation methods

and criteria have been suggested:

1. Establish baseline measurements

through questionnaires to the trade and

Customs personnel; and

2. Analyze statistical data obtained

through the AAMS.

Preliminary evaluation criteria for

Customs and other government agencies

include workload impact (workload

shifts, cycle time, etc.), policy and

procedural accommodation, and trade

compliance impact. Possible criteria for

the trade participants include cost

benefits and operational efficiency.

Dated: September 27, 2000.

Bonni G. Tischler,

Assistant Commissioner, Office of Field

Operations.

[FR Doc. 00–25182 Filed 9–29–00; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Proposed Collection; Comment

Request for Form 8869

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,

Public Law 104–13(44 U.S.C.

3506(c)(2)(A)). Currently, the IRS is

soliciting comments concerning Form

8869, Qualified Subchapter S

Subsidiary Election.

DATES: Written comments should be

received on or before December 1, 2000

to be assured of consideration.

ADDRESSES: Direct all written comments

to Garrick R. Shear, Internal Revenue

Service, room 5244, 1111 Constitution

Avenue NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the form and instructions

should be directed to Faye Bruce, (202)

622–6665, Internal Revenue Service,

room 5244, 1111 Constitution Avenue

NW., Washington, DC 20224.

SUPPLEMENTARY INFORMATION:

Title: Qualified Subchapter S

Subsidiary Election.

OMB Number: 1545–1700.

Form Number: 8869.

Abstract: Effective for tax years

beginning after December 31, 1996,

Internal Revenue Code section

1361(b)(3) allows an S corporation to

own a corporate subsidiary, but only if

it is wholly owned. To do so, the parent

S corporation must elect to treat the

wholly owned subsidiary as a qualified

subchapter S subsidiary (QSub). Form

8869 is used to make this election.

Current Actions: There are no changes

being made to the form at this time.

Affected Public: Businesses or other

for-profit organizations.

Estimated Number of Respondents:

5,000.

Estimated Time Per Respondent: 8

hrs., 9 mins.

Estimated Total Annual Burden

Hours: 40,750.

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.

Approved: September 20, 2000.

Garrick R. Shear,

IRS Reports Clearance Officer.

[FR Doc. 00–25097 Filed 9–29–00; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Proposed Collection; Comment

Request for Revenue Procedure 2000–

37

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,

Public Law 104–13 (44 U.S.C.

3506(c)(2)(A)). Currently, the IRS is

soliciting comments concerning