15842 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Rules and Regulations

(f) Forwarding procedure. The

merchandise shall be forwarded in

accordance with the general provisions

for transportation in bond (§§ 18.1

through 18.8 of this chapter). However,

when the alternate procedures under

§ 144.34(c) are employed, the

merchandise need not be delivered to a

bonded carrier for transportation, and

an entry for transportation (Customs

Form 7512) and a rewarehouse entry

will not be required.

(g) Procedure at destination. * * *

(5) * * *; or

(6) Deposited into the proprietor’s

bonded warehouse or duty free store

warehouse without rewarehouse entry

as required in § 144.41, if the

merchandise qualifies for the exemption

specified in § 144.34(c).

* * * * *

4. Section 144.37 is amended by

revising paragraph (h)(2)(v), and by

revising the fourth sentence and the last

sentence in the concluding text of

paragraph (h)(3), to read as follows:

§ 144.37 Withdrawal for exportation.

* * * * *

(h) * * *

(2) * * *

(v) The full name and address of the

purchaser. However, the port director

may waive the address requirement for

all merchandise except for alcoholic

beverages in quantities in excess of 4

liters and cigarettes in quantities in

excess of 3 cartons. Also, the address

requirement is not applicable with

respect to purchasers at airport duty-free

enterprises; and

* * * * *

(3) Sales ticket register. * * *

* * * The sales ticket register shall be

included in the permit file folder with

or in lieu of the blanket permit

summary, as provided in § 19.6(d)(5) of

this chapter. * * * In lieu of placing a

copy of sales tickets in each permit file

folder, the warehouse proprietor may

keep all sales tickets in a readily

retrievable manner in a separate file.

5. Section 144.39 is amended by

revising its first sentence to read as

follows:

§ 144.39 Permit to transfer and withdraw

merchandise.

With the exception of merchandise

transferred under the procedures of

§ 144.34(c), if all legal and regulatory

requirements are met, the appropriate

Customs officer shall approve the

application to transfer or withdraw

merchandise from a bonded warehouse

by endorsing the permit copy and

returning it to the applicant. * * *

6. Section 144.41 is amended by

revising paragraph (c) to read as follows:

§ 144.41 Entry for rewarehouse.

* * * * *

(c) Combining separate shipments. (1)

Separate shipments consigned to the

same consignee and received under

separate withdrawals for transportation

may be combined into one rewarehouse

entry if the warehouse withdrawals are

from the same original warehouse entry.

(2) Shipments covered by multiple

warehouse entries, and shipped from a

single warehouse under separate

withdrawals for transportation, via a

single conveyance, may be combined

into one rewarehouse entry if consigned

to the same consignee and deposited

into a single warehouse. With the

exception of alcohol and tobacco

products, this procedure shall not be

allowed for merchandise which is in

any way restricted (for example, quota/

visa). The combined rewarehouse entry

shall have attached either copies of each

warehouse entry package which is being

combined into the single rewarehouse

entry or a summary with pertinent

information, that is, the date of

importation, commodity description,

size, HTSUS and entry numbers, for all

entries withdrawn for consolidation as

one rewarehouse entry. Any combining

of separate withdrawals into one

rewarehouse entry shall result in the

rewarehouse entry being assigned the

import date of the oldest entry being

combined into the rewarehouse entry.

(3) Combining of separate shipments

shall be prohibited in all other

circumstances.

* * * * *

Approved: March 5, 1997.

George J. Weise,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–8447 Filed 4–2–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–96–069]

RIN 2115–AE47

Drawbridge Regulations; St. Johns

River, FL

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for

comments.

SUMMARY: The Coast Guard is changing

the regulations governing the operation

of the Fuller Warren (I10/I95)

drawbridge, located in Jacksonville,

Florida, by limiting the number of

openings during certain periods. This

change is being made because of

complaints of delays to vehicular traffic

on Interstate 95. This action is necessary

to accommodate the needs of vehicular

traffic flow and still provide for the

reasonable needs of navigation.

DATES: This rule is effective April 3,

1997. Comments must be received on or

before June 2, 1997.

ADDRESSES: Comments may be mailed to

the Commander (oan), Seventh Coast

Guard District, Bridge Section, Brickell

Plaza Federal Building, 909 S.E. First

Avenue, Miami, Florida 33131–3050, or

may be delivered to room 406 at the

same address between 7:30 a.m. and 4

p.m., Monday through Friday, except

Federal holidays. The telephone number

is (305) 536–4103.

FOR FURTHER INFORMATION CONTACT:

Mr. Gary D. Pruitt, Project Manager,

Seventh Coast Guard District, Bridge

Section, at (305) 536–7331.

SUPPLEMENTARY INFORMATION: This rule

is being published as an interim rule

and is being made effective on the date

of publication. This rule is being

promulgated without an NPRM because

this proposed regulation change is

needed immediately due to the large

increase on highway traffic on Interstate

95 and the greater number of bridge

openings being caused by increased

vessel traffic along this reach of the St.

Johns River. This interim rule was

tested by a ninety day temporary

deviation with request for comments (62

FR 3461, January 23, 1997) from

November 8, 1996, through February 8,

1997. The change in opening schedules

helped to relieve traffic congestion

without unreasonably impacting

navigation. The Coast Guard did not

receive any objections to the temporary

deviation during the test period. The

interim rule has not changed from the

previously tested temporary deviation.

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD07–96–069) and the specific

section of this rule to which each

comment applies, and give the reason

for each comment. Please submit two

copies of all comments and attachments

in an unbound format, no larger than

81⁄2 by 11 inches, suitable for copying

and electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.
Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Rules and Regulations 15843

The Coast Guard will consider all

comments received during the comment

period. It may change this rule or the

assessment in view of the comments

received. The Coast Guard plans no

public hearing. Persons may request a

public hearing by writing to the District

Commander at the address under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentation will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Background and Purpose

The Coast Guard is changing the

regulations governing the operation of

the Fuller Warren (I10/I95) drawbridge,

located in Jacksonville, Florida, by

limiting the number of openings during

certain periods. This change is being

made because of complaints of delays to

vehicular traffic during the heavy

morning and afternoon commute

periods. The traffic volume has doubled

on this interstate highway system since

1991, reducing the Level of Service

(LOS) to LOS E during weekdays. This

action is necessary to accommodate the

needs of vehicular traffic flow and

provide for the reasonable needs of the

vessel navigation. The regulations

governing the operation of the Acosta

(SR13) Bridge are being removed since

the drawbridge has been replaced with

a fixed bridge.

This interim rule is unchanged from

the temporary deviation with comments

published on January 23, 1997. The

interim rule reduces the number of

drawbridge openings by increasing the

morning and afternoon commuter

closed periods from 11⁄2 hours to 2

hours, and establishing hourly openings

from 9 a.m. to 4 p.m. Monday through

Friday except federal holidays. Tugs

with tows shall be passed at any time

from 9 a.m. to 4 p.m. Vessels in an

emergency involving life or property

shall be passed at any time through the

drawbridge.

Regulatory Evaluation

This rule is not a significant

regulatory action under Section 3(f) of

Executive order 12866 and does not

require an assessment of potential costs

and benefits under Section 6(a)(3) of

that order. It has not been reviewed by

the Office of Management and Budget

under that order. It is not significant

under the regulatory policies and

procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. We conclude this

because of the infrequent operation of

the draw, and commercial tugs with

tows shall be passed at any time from

9 a.m. to 4 p.m., and vessels in a

situation where a delay would endanger

life or property will be passed through

the draw at any time.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit organizations that are

independently owned and operated and

are not dominant in their field’s and (2)

governmental jurisdictions with

populations of less than 50,000. This

rule does not require a general notice of

proposed rulemaking and, therefore, is

exempt from the requirements of the

Act. Although this rule is exempt, the

Coast Guard has reviewed it for

potential impacts on small entities.

The economic impact will not affect

a substantial number of small entities

since commercial tugs with tows are

exempt from the midday restrictions

and will be able to plan their passage to

avoid the morning and afternoon closed

periods.

Therefore, the Coast Guard’s position

is that this rule will not have a

significant economic impact on a

substantial number of small entities. If,

however, you think that your business

or organization qualifies as a small

entity and that this rule will have a

significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this rule will

economically affect it.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act. (44 U.S.C.

3501 et seq.)

Federalism

The Coast Guard has analyzed the

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under Section

2.B.2.e.(32) of Commandant Instruction

M16475.1B, promulgation of operating

requirements or procedures for

drawbridges is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Final Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); Section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.325 is amended by

revising paragraph (a), by redesignating

paragraph (b) as paragraph (c), and by

adding a new paragraph (b) to read as

follows:

§ 117.325 St. Johns River.

(a) The draw of the Main Street

(US17) Bridge, mile 24.7, at

Jacksonville, shall open on signal except

that, from 7 a.m. to 8:30 a.m. and from

4:30 p.m. to 6 p.m., Monday through

Saturday except Federal holidays, the

draws need not be opened for the

passage of vessels. The draws shall open

at any time for vessels in an emergency

involving life or property.

(b) The draw of the Fuller Warren

(I10–I95) Bridge, mile 25.4, at

Jacksonville, shall open on signal except

that, from 7 a.m. to 9 a.m. and from 4

p.m. to 6 p.m., Monday through Friday

except Federal holidays, the draws need

not be opened for the passage of vessels.

From 9 a.m. to 4 p.m., Monday through

Friday except Federal holidays, except

for tugs with tows, the draws need open

only on the hour for the passage of

vessels. The draws shall open at any

time for vessels in an emergency

involving life or property.

* * * * *

Dated: March 4, 1997.

R.C. Olsen, Jr.,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District, Acting.

[FR Doc. 97–8506 Filed 4–2–97; 8:45 am]

BILLING CODE 4910–14–M