Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules 12129

detected, repeat the test at intervals not to

exceed 750 flight hours.

(2) If any discrepancy, as described in

paragraph 3.B. of the Service Letter, is

detected during any check, prior to further

flight, accomplish either paragraph (a)(2)(i) or

(a)(2)(ii) of this AD:

(i) Replace the main rudder PCU with a

serviceable PCU in accordance with the

Model 737 Overhaul Manual. After such

replacement, repeat the test at intervals not

to exceed 750 flight hours.

(ii) Replace the main rudder PCU with a

new main rudder PCU having part number

65–44861–11 or 65C37052–2/–3/–4/–5/–6/–

7/–8/–9, in accordance with Boeing Service

Bulletin 737–27–1185, dated April 15, 1993.

Such replacement constitutes terminating

action for the tests required by paragraph (a)

of this AD.

(b) Replacement of the main rudder PCU,

part number 65–44861–( ), with a new main

rudder PCU having part number 65–44861–

11 or 65C37052–2/–3/–4/–5/–6/–7/–8/–9, in

accordance with Boeing Service Bulletin

737–27–1185, dated April 15, 1993,

constitutes terminating action for the tests

required by paragraph (a) of this AD.

Restatement of Requirements of AD 96–23–

51:

(c) Within 10 days after November 27, 1996

(the effective date of AD 96–23–51,

amendment 39–9818), perform a test to verify

proper operation of the rudder PCU, in

accordance with Boeing Alert Service

Bulletin 737–27A1202, dated November 1,

1996.

(1) If the rudder PCU operates properly,

repeat the test thereafter at intervals not to

exceed 250 flight hours.

(2) If the rudder PCU operates improperly,

prior to further flight, replace the rudder PCU

with a new rudder PCU, in accordance with

the alert service bulletin. Repeat the test

thereafter at intervals not to exceed 250 flight

hours.

New Requirements of this AD:

(d) Within 2 years after the effective date

of this AD, accomplish paragraphs (d)(1) and

(d)(2) of this AD in accordance with a

method approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate.

Accomplishment of these actions terminates

the requirements of paragraphs (a), (b), and

(c) of this AD.

(1) Replace any main rudder PCU having

Boeing part number (P/N) 65–44861-( ) or P/

N 65C37052-( ) with a new main rudder PCU

that has been approved by the Manager,

Seattle ACO.

(2) Replace the vernier control rod bolt

having Boeing P/N 69–27229-( ) with a new

bolt that has been approved by the Manager,

Seattle ACO.

(e) Perform a leak test of the main rudder

PCU in accordance with a method approved

by the Manager, Seattle ACO, at the

applicable times specified in paragraph (e)(1)

or (e)(2) of this AD. If any discrepancy is

found, prior to further flight, replace the PCU

with a serviceable or newly designed unit in

accordance with a method approved by the

Manager, Seattle ACO.

Note 2: If the PCU is replaced in

accordance with the requirements of

paragraph (e) prior to accomplishing the

replacement required by paragraph (d) of this

AD, ‘‘serviceable’’ includes the newly

designed PCU referenced in paragraph (d)(1)

of this AD and PCU’s having part number 65–

44861–11 and 65C37052–2, -3, -4, -5, -6, -7,

-8, and -9. However, after the PCU has been

replaced in accordance with paragraph (d)(1)

of this AD, ‘‘serviceable’’ is limited to the

newly designed PCU’s referenced in that

paragraph.

(1) For airplanes on which the replacement

specified in paragraph (a)(2)(ii), (b), or (c)(2)

of this AD has been accomplished prior to

the effective date of this AD: Within 4,000

flight hours after the effective date of this AD,

and thereafter at intervals not to exceed 6,000

flight hours.

(2) For airplanes other than those

identified in paragraph (e)(1) of this AD:

Within 6,000 flight hours after

accomplishment of the replacement required

by paragraph (d)(1) of this AD, and thereafter

at intervals not to exceed 6,000 flight hours.

(f) Once a newly designed PCU specified

in paragraph (d)(1) of this AD is installed on

an airplane, no operator shall install on that

airplane any PCU other than a newly

designed unit.

(g) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(h) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on March 7,

1997.

Ronald T. Wojnar,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–6437 Filed 3–13–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 146

RIN 1515–AC05

Weekly Entry Procedure for Foreign

Trade Zones

AGENCY: U.S. Customs Service,

Treasury.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend and expand the weekly entry

procedure for foreign trade zones under

certain circumstances to include

merchandise involved in activities other

than exclusively assembly-line type

production operations. Under the

proposed expanded procedure, weekly

entries covering the estimated removals

of merchandise for the weekly period

and the associated entry summaries

would have to be filed exclusively

through the Automated Broker Interface.

The expanded weekly procedure,

which, as is presently the case, would

remain an entirely optional procedure,

would thus be conducted in a fully

paperless environment. The expanded

weekly procedure would reduce the

number of entries from zones as well as

automate and expedite the processing of

such entries. The proposed expansion of

the weekly procedure would allow zone

users to not have to delay their

operations pending the acceptance of an

entry and Customs examination of the

subject merchandise. 2

DATES: Comments must be received on

or before April 14, 1997.

ADDRESSES: Written comments

(preferably in triplicate) may be

addressed to the Regulations Branch,

Office of Regulations and Rulings, U.S.

Customs Service, 1301 Constitution

Avenue, N.W., Washington, D.C. 20229.

Comments may be inspected at the

Regulations Branch, Office of

Regulations and Rulings, Franklin

Court, 1099 14th Street, N.W., Suite

4000, Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Marsha Malbrough, Office of Field

Operations, (202–927–0457).

SUPPLEMENTARY INFORMATION:

Background

The Foreign Trade Zones Act of 1934,

as amended (19 U.S.C. 81a–u) (the

‘‘FTZA’’), provides for the establishment

and regulation of foreign trade zones.

Foreign trade zones are secured areas to

which foreign and domestic

merchandise, except that prohibited by

law, may be brought for the purposes

enumerated in the FTZA without being

subject to the Customs laws of the U.S.

Foreign trade zones, by virtue of being

exempt from the Customs laws, are

intended to attract and promote

international trade and commerce. Part

146, Customs Regulations (19 CFR part

146), sets forth the documentation and

recordkeeping requirements governing

the admission of merchandise into a

zone, 3 its removal from the zone, and,

among other things, its manipulation,

manufacture, storage, destruction or

exhibition, while in the zone.
12130 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules

The current weekly entry procedure

for foreign trade zones, contained in

§ 146.63(c)(1), Customs Regulations (19

CFR 146.63(c)(1)), has been in effect

since May 12, 1986, having first been

authorized in T.D. 86–16, 51 FR 5040.

That weekly entry process has been

limited to merchandise which is

manufactured or changed into its final

form just shortly (within 24 hours)

before physical transfer from the zone.

This procedure was believed to be

especially necessary for assembly-line

type manufacturing operations because

in these circumstances there would

otherwise be little time for examination

of the merchandise and furnishing of

entry documentation after the

merchandise was in its final form but

before its physical removal from the

zone. Accordingly, under the weekly

entry process, the assembly-line

operation would not have to be delayed

pending acceptance of an entry and

Customs examination of the

merchandise.

Title VI of the North American Free

Trade Agreement Implementation Act

(Pub. L. 103–182, 107 Stat. 2057),

popularly known as the Customs

Modernization Act, was enacted on

December 8, 1993. Section 637 of the

Customs Modernization Act, which

amended 19 U.S.C. 1484 concerning the

entry of merchandise generally,

provides further statutory support for

the weekly 4 entry procedure, in concert

with section 3 of the FTZA (19 U.S.C.

81c(a)), which deals specifically with

the entry of merchandise from zones.

Since its inception, there have been

no major problems associated with the

use of weekly entry. Therefore, Customs

is proposing to expand the use of the

procedure by adding a weekly entry

procedure to cover merchandise

involved in activities other than

manufacturing operations. Also, under

the proposed amendment, the weekly

entry under both the present procedure

and the proposed expanded procedure

would cover any seven-day consecutive

period (i.e., the weekly period would

not be limited to a calendar week).

It is expected that the expanded

weekly entry procedure would be

available to zones (including subzones)

having large quantities of different types

of merchandise. A pilot program,

implemented in September 1994, to test

such an expanded weekly entry

procedure at a selected number of

zones/subzones has since been

evaluated as a success.

Under the proposed expanded

procedure, weekly entries and entry

summaries would have to be filed

electronically through the Automated

Broker Interface (ABI). Thus, the

participant making entry would have to

do so using ABI, or employ an ABIqualified Customs broker for this

purpose. Specifically, the port director

would allow the person making entry to

file an electronic entry containing the

data required on Customs Form 3461 for

the estimated removals of merchandise

intended to occur during the related

weekly period. The electronic entry

would be filed prior to any transfers of

merchandise from the zone, and an

electronic entry summary containing the

data required on Customs Form 7501

would be filed within 10 working days

after the first day of the weekly period

covered by the electronic entry.

Payment of applicable duties and taxes

would likewise be scheduled for no

later than 10 working days after the date

of entry, using the Automated

Clearinghouse (ACH) as prescribed in

§ 24.25, Customs Regulations (19 CFR

24.25).

The principal purpose of the

proposed expanded weekly procedure,

as conducted in a fully paperless

environment, is to reduce the number of

entries from zones and further expedite

the processing of such entries, with the

added benefit that zone users would not

have to delay their operations pending

the acceptance of an entry and Customs

examination of the subject merchandise.

Hence, while the expanded weekly

entry procedure, like the current weekly

manufacturing entry procedure, is a

voluntary program, an integral

component thereof, under the proposed

amendment, would be the use of

electronic entry filing. Indeed,

electronic entry processing accords

precisely with and fully effects the

purpose of the program, as described. At

the same time, however, zone users not

wishing to use the expanded weekly

entry may, of course, continue to

operate in a zone, and, to this end, if

desired, may file paper entries covering

individual transfers of merchandise

from the zone, inasmuch as electronic

entry filing is also a voluntary program

(see 19 U.S.C. 1411(b); 19 CFR 143.31).

No retail trade or retail sales within

the zone would be permitted through

this procedure. Retail trade is prohibited

in a zone except as provided in 19

U.S.C. 810(d) of the FTZA.

The person with the right to make

entry, who has established an importing

history, and who is not delinquent or

otherwise remiss in transactions with

Customs, would make application to the

port director at least 30 days before the

expanded weekly entry procedure were

to become effective. Each person

seeking permission to use the expanded

procedure under the proposed section

146.63(c)(2) would have to file an

individual application therefor. The

application would describe the

merchandise to be handled or

processed, the accounting and

transportation controls exercised over

the merchandise, and the kind of

activity or operation it would undergo

in the zone. The port director would

evaluate the application based on the

quality of the accounting and

transportation controls exercised over

the merchandise in the zone, the

enforcement risk presented, the type of

merchandise imported, Customs

knowledge of the business conducted in

the zone, and any local criteria

developed by the port director. The port

director would have to provide written

notice of any special local criteria that

would be used in evaluating the

application.

It is noted that filers eligible for

weekly entry under § 146.63(c)(1) would

not be required to apply or reapply for

participation in that program.

To be approved for expanded weekly

entry, the merchandise to be admitted to

the zone, its handling or processing

therein, and the shipments of such

merchandise from the zone, would have

to be fairly predictable, continuing and

repetitive, and relatively fixed in variety

by the type of merchandise and the

nature of the business conducted at the

site. In addition, the subject

merchandise would have to have been

preclassified or otherwise have been

determined to be risk-free; it could not

be restricted or sensitive or of a type

which required Customs examination

before or at the time of its admission to,

or removal from, the zone. Quota-class

merchandise would thus be excluded

from the program. Also, the records

with respect to the merchandise and its

handling and/or processing in the zone,

if not computerized, would have to be

maintained in an organized and readily

retrievable manner, and be capable of

being accessed by Customs within a

reasonable time after due notice.

Additionally, in the case of a generalpurpose zone with multiple users, the

zone operator would, in writing, have to

certify to the port director that he

understands the requirements of the

expanded weekly entry program, and

agree to supervise and monitor the

movement of merchandise thereunder.

The operator would also have to

expressly agree to maintain inventory

records that accurately accounted for all

transfers of merchandise from the zone

related to the respective weekly entry of

each person using the procedure

therein. The zone operator’s written

acknowledgement of responsibilities in

this regard would be required to be on

file with the applicable port director
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules 12131

before any application to use the weekly

entry procedure could be approved in

relation to the zone.

The port director, following his

evaluation of the application, would

notify the applicant, in writing, of his

decision. If the application was denied,

the port director would specify the

reason for the denial in his reply, and

would inform the applicant that such

denial may be appealed to the port

director for reconsideration. A request

for reconsideration may, if denied, be

appealed to the Assistant

Commissioner, Office of Field

Operations, Customs Headquarters.

Such appeals must be made within 30

days of the date of the adverse decision

being appealed. The port director’s

decision or the Assistant

Commissioner’s decision, as applicable,

would be issued, in writing, within 30

days of the receipt of the appeal. The

Assistant Commissioner’s decision

would constitute the final Customs

determination concerning the

application.

If the application were approved, the

port director could stay participation in

the weekly entry program for a specified

reasonable period, should examination

of the merchandise or its documentation

be needed for any reason.

In addition, the port director could

later propose to revoke the approval, if

there were a subsequent failure to fulfill

the criteria under which the initial

approval had been obtained, or if it

thereafter became routinely necessary to

examine the merchandise or its

documentation before or upon

admission to, or removal from, the zone,

should the merchandise have become

restricted or sensitive or otherwise of a

type which likewise routinely required

Customs examination. A challenge to a

proposed revocation of participation in

the weekly entry program could be filed

with the port director. An adverse

decision by the port director could be

appealed to the Assistant Commissioner, Field Operations, Customs

Headquarters. The Assistant

Commissioner’s decision in this

connection would constitute the final

Customs determination concerning the

challenge.

It is also proposed to add a new

paragraph (d) to § 146.68 to provide for

weekly reporting of transfers from a

foreign trade zone to a class 9

warehouse (duty-free store), provided

the zone grantee or operator is also the

class 9 warehouse proprietor. The

procedure is similar to the warehouse

transfer procedure set out in § 144.34 of

the Customs Regulations (19 CFR

144.34).

Comments

Before adopting this proposal,

consideration will be given to any

written comments that are 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, Treasury Department

Regulations (31 CFR 1.4), and

§ 103.11(b), Customs Regulations (19

CFR 103.11(b)), during regular business

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

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

Franklin Court, 1099 14th Street, N.W.,

Suite 4000, Washington, D.C.

Regulatory Flexibility Act and

Executive Order 12866

As explained in the preamble, the

proposed rule is intended to expand

electronic entry filing on a weekly basis

in foreign trade zones, and thus reduce

the number of entry filings from zones

as well as automate and expedite the

processing of such entries. As such,

pursuant to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), it is hereby certified that the

proposed amendments set forth in this

document, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

Accordingly, they are not subject to the

regulatory analysis or other

requirements of 5 U.S.C. 603 and 604.

Nor do the proposed amendments result

in a ‘‘significant regulatory action’’

under E.O. 12866.

Paperwork Reduction Act

The collection of information

contained in this notice of proposed

rulemaking has been submitted to the

Office of Management and Budget for

review in accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507).

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 control number.

The collection of information in this

document is in § 146.63(c). This

information is needed and will be used

to enforce Customs entry procedures as

required by law and to ensure the

protection of the revenue. The likely

respondents and/or recordkeepers are

businesses.

Estimated annual reporting and/or

recordkeeping burden: 300 hours.

Estimated average annual burden per

respondent/recordkeeper: 30 minutes.

Estimated number of respondents

and/or recordkeepers: 600.

Estimated annual frequency of

responses: 1.

Comments on the collection of

information should be sent to the Office

of Management and Budget, Attention:

Desk Officer of the Department of the

Treasury, Office of Information and

Regulatory Affairs, Washington, D.C.

20503. A copy should also be sent to the

Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, 1301 Constitution Avenue,

N.W., Washington, D.C. 20229.

Comments should be submitted within

the same time frame as comments on the

substance of the proposal.

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 the 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 startup

costs and costs of operations,

maintenance, and purchase of services

to provide information.

List of Subjects in Part 146

Customs duties and inspection,

Exports, Foreign trade zones, Imports,

Reporting and recordkeeping

requirements.

Proposed Amendment

It is proposed to amend part 146,

Customs Regulations (19 CFR part 146),

as set forth below.

PART 146—FOREIGN TRADE ZONES

1. The authority citation for part 146

would continue to read as follows:

Authority: 19 U.S.C. 66, 81a-u, 1202

(General Note 20, Harmonized Tariff

Schedule of the United States), 1623, 1624.

2. It is proposed to amend § 146.63 by

revising paragraph (c) to read as set

forth below:

§ 146.63 Entry for consumption.

* * * * *

(c) Estimated activity—(1) Weekly

manufacturing. When merchandise is

manufactured or its physical condition

as entered (exclusive of packing) is

otherwise changed in a zone within 24

hours before physical transfer from the

zone for consumption, the port director

may allow the person making entry to

file an entry on Customs Form 3461 for

the estimated removals of merchandise

during any consecutive 7-day period
12132 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules

(such period is thus not limited to being

a calendar week). The Customs Form

3461 must be accompanied by a pro

forma invoice or schedule showing the

number of units of each type of

merchandise to be removed during the

weekly period and their zone and

dutiable values. Merchandise 13

covered by an entry made under the

provisions of this paragraph will be

considered to be entered and may be

removed only when the port director

has accepted the entry on Customs Form

3461. If the actual removals will exceed

the estimate for the week, the person

making entry shall file an additional

Customs Form 3461 to cover the

additional units before their removal

from the zone. Notwithstanding that a

weekly entry may be allowed, all

merchandise will be dutiable as

provided in § 146.65 of this subpart,

with the time of entry being determined

as provided in § 141.68 of this chapter.

When estimated removals exceed actual

removals, that excess merchandise will

not be considered to have been entered

or constructively transferred from the

zone. After acceptance of the weekly

entry, and any additional entries

required to be filed hereunder,

individual transfers of merchandise

covered by the entry may be made from

the zone.

(2) Weekly expanded. Regarding

merchandise not qualifying for weekly

entry under paragraph (c)(1) of this

section, the port director may, upon

application, allow the person making

entry of such merchandise to file an

electronic entry containing the data

required on Customs Form 3461 for the

estimated removals of merchandise

intended to occur during the related

weekly period. Such weekly period may

cover any consecutive 7-day period and

is not limited to being a calendar week.

The electronic data submitted must

show the number of units of each type

of merchandise to be removed during

the weekly period and their dutiable

values (see § 143.36 of this chapter).

Merchandise covered by an electronic

entry made under the provisions of this

paragraph will be considered to be

entered and may be removed from the

zone only when the port director has

accepted the entry. If the actual

removals will exceed the estimate for

the week, the person making entry shall

file an additional electronic entry to

cover the additional units before their

removal from the zone. An electronic

entry summary containing the data

required on Customs Form 7501 must be

filed within 10 working days after the

first day of the weekly period covered

by the electronic entry. Both the weekly

entry and the related entry summary

must be filed electronically through the

Automated Broker Interface, with

payment of applicable duties and taxes

being scheduled, through the

Automated Clearinghouse, for no later

than 10 working days after the date of

entry (see subpart D, part 143, and

§ 24.25 of this chapter). Under this

weekly entry procedure, all

merchandise will be dutiable as

provided in § 146.65 of this subpart,

with the time of entry being determined

as provided in § 141.68 of this chapter.

When estimated removals exceed actual

removals, such excess merchandise will

not be considered to have been entered

or constructively transferred from the

zone.

(i) Application required; criteria. Each

person seeking permission to make a

weekly zone entry under paragraph

(c)(2) of this section must file an

individual application therefor. The

person must have an established

importing history 15 and must not be

delinquent or otherwise remiss in

transactions with Customs. The written

application shall be filed with the port

director at least 30 days before the

applicant wishes to use the weekly

expanded entry procedure. The

application must state that weekly

entries and entry summaries will be

filed with Customs electronically using

the Automated Broker Interface;

describe the merchandise to be handled

or processed citing the Harmonized

Tariff Schedule of the United States

classification (and providing to Customs

changes thereto), describe the

accounting and transportation controls

exercised over the merchandise, and

describe the kind of operation such

merchandise will undergo in the zone.

The port director will evaluate the

application based on the quality of the

accounting and transportation controls

exercised over the merchandise, the

enforcement risk presented, the type of

merchandise imported, and Customs

knowledge of the business conducted in

the zone. The port director shall also

consider in his evaluation of the

application the following additional

criteria:

(A) The merchandise to be admitted

to the zone, its handling or processing

therein, and the shipments of such

merchandise from the zone must be

predictable, repetitive, and stable over

the long term, and relatively fixed in

variety by the type of merchandise and

the nature of the business conducted at

the site;

(B) The subject merchandise must

have been preclassified or otherwise

have been determined to be risk-free;

such merchandise may not be restricted

or sensitive or of a type which requires

Customs examination before or at the

time of its admission to, or removal

from, the zone;

(C) Records with respect to the

merchandise and its handling and/or

processing in the zone, if not

computerized, must be maintained in an

organized and readily retrievable

manner, and be capable of being

produced within a reasonable time after

due notice; and

(D) Any other local criteria that the

port director considers essential to the

application process. (The port director

must provide a written announcement

of such criteria by a notice posted at the

customhouse, or by any other written

methods considered appropriate.)

(ii) Application decision. The port

director shall notify the applicant, in

writing, of Customs decision on the

application. If the application is denied,

the port director shall specify the reason

for the denial in his reply, together with

what corrective action may be taken,

and shall inform the applicant that such

denial may be appealed in the manner

prescribed in paragraph (c)(2)(v) of this

section. The party may not reapply for

participation in the weekly entry

program until the reason for the denial

is resolved. If the application is

approved, the party may later apply to

amend its application to add

merchandise not previously covered

therein, for inclusion in its weekly entry

program. If a requested amendment is

denied, the procedures set forth in this

paragraph shall apply.

(iii) Stay. If the application to

participate in the weekly entry program

is approved, the party’s use of weekly

entry for particular merchandise may

thereafter be stayed, for a specified

reasonable period, should the port

director determine, for any reason, to

examine the merchandise or its

associated documentation prior to entry,

for purposes of verification. A stay of

the weekly entry procedure in this

regard shall take effect on the date of the

port director’s letter notifying the party

thereof and shall remain in effect for the

period specified in that letter, or such

earlier date as the port director notifies

the party in writing that the reason for

the stay has been satisfied. After the stay

is lifted, the entry of such merchandise

under the weekly entry program may

resume.

(iv) Proposed revocation of approval.

The port director may propose to revoke

the approval given under this section, if

there is a failure to sustain the criteria

in paragraph (c)(2)(i) of this section, or

if it thereafter becomes routinely

necessary to examine the merchandise

or documentation before or upon
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules 12133

admission to, or removal from, the zone,

because the merchandise has become

restricted or sensitive or otherwise of a

type which likewise requires

examination. The port director shall

notify the appropriate party, in writing,

specifying in detail the reason for the

proposed revocation, and shall inform

the party of its right to challenge the

proposed revocation action as

prescribed in paragraph (c)(2)(v) of this

section.

(v) Appeal of denial or challenge to

proposed revocation. An appeal of a

denial of an application under this

section, or challenge to the proposed

revocation of an approval to use the

weekly entry procedure under this

section, may be made to the port

director issuing the denial or proposed

revocation and must be filed within 30

days of the date of the denial or

proposed revocation. A denial of an

appeal or challenge made to the port

director may itself be appealed to the

Assistant Commissioner, Office of Field

Operations, Customs Headquarters, and

must be filed within 30 days of the

denial date of the initial appeal or

challenge. The 30-day period for filing

an appeal or challenge with the port

director or with the Assistant

Commissioner, Field Operations, as

applicable, may be extended for good

cause, upon written request by the party

for such extension filed with the port

director or, in the case of appeals or

challenges directed to the Assistant

Commissioner, Field Operations, with

the Assistant Commissioner or other

Customs officer designated by him,

within the 30-day period. The port

director’s decision or the Assistant

Commissioner’s decision, as applicable,

shall be issued, in writing, within 30

working days of the receipt of the

appeal or challenge, unless extended

with due notification to the party. The

Assistant Commissioner’s decision shall

constitute the final Customs

determination concerning the

application or challenge.

(vi) General-purpose zones—(A)

Operator responsibilities. In the case of

a general-purpose zone with 18a

multiple users, not only is paragraph

(c)(2)(ii) of this section applicable, but

also the zone operator must, in writing,

certify to the port director that he

understands the requirements of the 19

weekly entry program under paragraph

(c)(2) of this section, and agree to

supervise and monitor the movement of

merchandise thereunder (see § 146.4 of

this part). The operator must also

expressly agree to maintain inventory

records that accurately account for all

transfers of merchandise from the zone

related to the respective weekly entry of

each person using the procedure therein

as provided for in §§ 146.4 and 146.21

of this part. The zone operator’s written

acknowledgement of responsibilities in

this regard must be on file with the

applicable port director before any

application to use the weekly expanded

entry procedure may be approved in

relation to the zone (see paragraph

(c)(2)(i) of this section).

(B) Bond coverage; operator; person

making entry. The operator’s

responsibilities under the weekly entry

procedure are covered under the

Foreign Trade Zone Operator’s Bond

(see § 113.73 of this chapter). The

responsibilities of the person making

entry are covered under such party’s

basic importation and entry bond (see

§ 113.62 of this chapter).

* * * * *

3. It is proposed to amend § 146.68 by

adding a new paragraph (d) to read as

follows:

§ 146.68 Transfer for transportation or

exportation; estimated production.

* * * * *

(d) Weekly entry for class 9 warehouse

(duty-free store).

(1) Requirements for transfer.

Merchandise that 20 qualifies for entry

into a class 9 warehouse (duty-free

store) pursuant to § 19.36(e) of this

chapter, and subject also to § 146.64 of

this subpart, may be transferred from a

zone for that purpose under a weekly

entry procedure, provided:

(i) The zone operator or grantee is the

same party, or shares common

ownership with, the class 9 warehouse

proprietor (hereinafter called ‘‘the

party’’); and

(ii) The party utilizes a Customs

approved centralized inventory control

system that shows the location of all the

zone and warehoused merchandise at

all times, including merchandise in

transit.

(2) Procedure. The following weekly

entry procedure is to be utilized for

qualifying merchandise:

(i) The party shall file electronically a

weekly entry permit to enter the

merchandise with the port director on

Customs Form 7501 for the estimated

removal during any consecutive 7-day

period, along with a pro forma invoice

or schedule pursuant to § 146.63(c)(1) of

this subpart.

(ii) Upon acceptance of the permit by

the port director, the party may effect

transfers of the merchandise from the

zone to the warehouse during the 7-day

period.

(iii) Both an amended warehouse

entry and warehouse withdrawal for

immediate exportation, covering the 21

merchandise actually removed from the

zone to the warehouse during the period

covered by the permit, will be filed by

the close of the second business day

following the end of the period.

Approved: February 7, 1997.

George J. Weise,

Commissioner of Customs, Deputy Assistant

John P. Simpson,

Secretary of the Treasury.

[FR Doc. 97–6522 Filed 3–13–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1915

[Docket No. S–051]

RIN 1218–AB51

Safety Standards for Fire Protection

for Shipyard Employment

AGENCY: Occupational Safety and Health

Administration (OSHA), U.S.

Department of Labor.

ACTION: Notice of public meeting.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) is

announcing a public meeting of the Fire

Protection for Shipyard Employment

Negotiated Rulemaking Advisory

Committee. Membership for this

committee has been drawn from

shipyard operators, labor, professional

associations, public interests and

government agencies. Members of the

Committee represent the interests of all

groups interested in, or significantly

affected by, the outcome of the

rulemaking.

DATES: The public meeting will be held

on April 8 through April 10, 1997. The

meetings will run from 9:00 a.m. to

approximately 4:00 p.m. daily.

ADDRESSES: The public meeting will be

held at Bollinger Shipyard, 20 miles east

of Thibodaux on Hwy. 308, Lockport,

Louisiana, Telephone: 505–532–2554.

Any written comments in response to

this notice should be sent, in

quadruplicate, to the following address:

U.S. Department of Labor, OSHA,

Docket Office, Docket S–051. Room N–

2625, 200 Constitution Ave., N.W.,

Washington, D.C. 20210; Telephone:

202–219–7894.

FOR FURTHER INFORMATION CONTACT:

Ms. Bonnie Friedman, U.S. Department

of Labor, OSHA, Office of Information

and Consumer Affairs, Room N–3647,

200 Constitution Ave., N.W.,

Washington, D.C. 20210; Telephone:

202–219–8151.