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.
12134 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules

SUPPLEMENTARY INFORMATION:

I. Background

OSHA has decided to use the

negotiated rulemaking (Neg/Reg)

process to develop a proposed standard

for fire protection covering all shipyard

employment. The shipyard stakeholders

from all sectors strongly support

consensual rulemaking efforts like

negotiated rulemaking. OSHA believes

this process will result in a proposed

standard whose provisions will

effectively protect employees working

throughout the shipyard. (See OSHA’s

Notice of Intent to Form a Negotiated

Rulemaking Committee to Develop a

Proposed Rule on Fire Protection in

Shipyard Employment, 61 FR 28824,

June 6, 1996, for a detailed explanation

of why OSHA is using negotiated

rulemaking to develop its proposed

standard and for general information on

the negotiated rulemaking process). The

goal of this negotiated rulemaking is a

proposed rule and supporting

documentation that all members will

support.

The initial meeting of this Advisory

Committee was held in Portland,

Oregon on October 16 and 17, 1996. The

members were introduced and the

negotiated rulemaking process and the

legal requirements for OSHA

rulemaking were explained to them.

Ground rules for this Committee were

adopted. In addition, the Committee set

forth substantive issues that needed to

be resolved, established work groups

and began discussing scope and

application, fire prevention and fire

fighting.

The last meeting of this Advisory

Committee took place in Jacksonville,

Florida, February 4 through February 6,

1997. The Committee continued with

the issues as developed into work

groups during the first meeting: fire

watches, fire response, safe work

practices, and fire protection.

II. The Key Issues in This Rulemaking

OSHA expects that key issues to be

addressed as part of these negotiations

will include: scope and application;

controls and work practices; fire

brigades; written fire plans;

technological advances; costs of fire

protection; and appendices.

III. Agenda for the April 8–10, 1997,

Meeting

1. The meeting will be opened and the

roll taken.

2. The minutes from the February

1997, Jacksonville, Florida, meeting will

be presented for acceptance by the

Committee.

3. The tentative agenda for this

meeting will be reviewed and changes

made, if necessary.

4. The ‘‘Fire Watches’’ work group

draft will be presented to the

Committee.

5. The ‘‘Scope and Application’’

section of the preamble will be

presented to the Committee for

acceptance.

6. The Work group chairpersons will

report on the status of their assignments.

7. The Committee will break into

work group sessions as needed

throughout the meeting.

8. The Committee will establish the

time and date for the next meeting.

The Advisory Committee’s Facilitator,

relying on the information presented to

him by OSHA as well as the

considerable input from the various

interests during convening efforts, will

identify and present other substantive

issues to be resolved by this Committee,

as time permits. OSHA requests that all

interested parties bring their calendars

to facilitate the development of a

tentative schedule of committee

meetings, site visits and work group

meetings.

IV. Public Participation

All interested parties are invited to

attend this public meeting at the time

and place indicated above. No advance

registration is required. Seating will be

available to the public on a first-come,

first-served basis. Individuals with

disabilities wishing to attend should

contact Ms. Theda Kenney at (202) 219–

8061 to obtain appropriate

accommodations no later than March

21, 1997.

The Facilitator of the Committee will

decide to what extent oral presentations

by members of the public may be

permitted at the meeting. Oral

presentations may include statements of

fact and opinions, but shall not include

any questioning of the Committee

Members or other participants unless

these questions have been specifically

approved by the Facilitator.

Part 1912 of Title 29 of the Code of

Federal Regulations will apply

generally. The reporting requirements of

§ 1912.33 have been changed pursuant

to § 1912.42 to help meet the special

needs of this Committee. Specifically,

§ 1912.33 requires that verbatim

transcripts be kept of all advisory

committee meetings. Producing a

coherent transcript requires a certain

degree of formality. The Assistant

Secretary therefore has determined

pursuant to § 1912.42 that such

formality might interfere with the free

exchange of information and ideas

during the negotiations, and that the

OSH Act would be better served by

simply requiring detailed minutes of the

proceedings without a formal transcript.

Minutes of the meetings and materials

prepared for the Committee will be

available for public inspection at the

OSHA Docket Office, N–2625, 200

Constitution Ave., NW., Washington,

DC 20210; Telephone: 202–219–7894.

Any written comments should be

directed to Docket No. S–051, and sent

in quadruplicate to the following

address: U.S. Department of Labor,

Occupational Safety and Health

Administration, Docket Office, Room N–

2625, 200 Constitution Ave., NW.,

Washington, DC 20210; Telephone 202–

219–7894.

Authority: This document was prepared

under the direction of Greg Watchman,

Acting Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue, NW., Washington, DC 20210,

pursuant to section 3 of the Negotiated

Rulemaking Act of 1990, 104 Stat. 4969, Title

5 U.S.C. 561 et seq.; and Section 7(b) of the

Occupational Safety and Health Act of 1970,

84 Stat. 1597, Title 29 U.S.C. 656.

Signed at Washington, DC, this 10th day of

March 1997.

Greg Watchman,

Acting Assistant Secretary.

[FR Doc. 97–6515 Filed 3–13–97; 8:45 am]

BILLING CODE 4510–26–M

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Parts 2200, 2203, and 2204

Revisions to Procedural Rules

Governing Practice Before the

Occupational Safety and Health

Review Commission

AGENCY: Occupational Safety and Health

Review Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes

several revisions to the procedural rules

governing practice before the

Occupational Safety and Health Review

Commission. Although most of the

revisions are technical and clarifying in

nature, this proposal also contains

several significant changes to

Commission practice and procedure.

DATES: Comments must be received by

April 14, 1997.

FOR FURTHER INFORMATION CONTACT: Earl

R. Ohman, Jr., General Counsel, (202)

606–5410, Occupational Safety and

Heath Review Commission, 1120 20th

St., N.W., Ninth Floor, Washington, DC

20036–3419.

SUPPLEMENTARY INFORMATION: This

document proposes substantial