29954 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 /Rules and Regulations

exportation at least 6 hours before the

lading of the articles on the exporting

vessel. The CF 3311 is a Declaration for

Free Entry of Returned American

Products.

Paragraph (e) of § 10.5 provides that

the certification of exportation block of

CF 3311 shall be completed in triplicate

by the port director after verification

from the manifest of the exporting

vessel and the return of the lading

officer. The original shall be forwarded

by the port director to the consignee.

The duplicate copy shall be given to the

exporter and the triplicate copy shall be

retained.

Paragraph (f) of § 10.5 provides that

whenever boxes or barrels alleged to

have been manufactured from American

shooks or staves are shipped to the

United States from a person abroad

other than the one to whom the shooks

and staves were exported from the

United States, the importer shall be

required to obtain from the foreign

consignee to whom the shooks or staves

were originally exported the CF 3311s

covering the exportation of the shooks

or staves from the United States, or an

extract therefrom signed by such

consignee, showing the number of

shooks or staves covered by such CF

3311s, together with the number of

superficial feet of such shooks or staves.

Such CF 3311 or extract therefrom, shall

be filed by the importer in connection

with the entry of the boxes or barrels.

Section 10.6, Customs Regulations (19

CFR 10.6), provides that an importer,

seeking an exemption from duty on

account of boxes or barrels made from

American shooks or staves, must make

such a claim on a CF 3311 at the time

of filing the entry.

It has come to Customs attention that

the CF 3311 may no longer be the best

form available for Customs to track the

exportation of United States-produced

shooks and staves intended to be

returned to the United States in the form

of complete boxes or barrels and the

importation of the boxes or barrels made

from those shooks and staves. Further,

as the CF 3311 was modified in 1990

and no longer contains the certification

of exportation block, which is

specifically mentioned in § 10.5(e), the

regulations regarding shooks and staves

are unclear as to the procedures.

After consideration of the best way of

tracking the exportation of shooks and

staves and the importation of boxes or

barrels made from United Statesproduced shooks and staves, Customs

has determined that the CF 4455, the

Certificate of Registration, is the best

vehicle. Accordingly, Customs is

amending §§ 10.5 and 10.6 to require

the CF 4455 rather than the CF 3311 for

tracking shooks and staves.

Regulatory Flexibility Act and

Executive Order 12866

Because no notice of proposed

rulemaking is required, the provisions

of the Regulatory Flexibility Act do not

apply.

This document does not meet the

criteria for a significant regulatory

action under Executive Order (E.O.)

12866.

Inapplicability of Public Notice and

Comment Requirements

Inasmuch as this amendment merely

substitutes one Customs Form for

another, pursuant to 5 U.S.C. 553(a)(2)

and (b)(B), good cause exists for

dispensing with the notice and public

procedure thereon as unnecessary.

Drafting Information

The principal author of this document

was Janet Johnson, Regulations Branch,

Office of Regulations and Rulings, U. S.

Customs Service. However, personnel

from other offices participated in its

development.

List of Subjects in 19 CFR Part 10

Caribbean Basin Initiative, Customs

duties and inspection, Exports,

Reporting and recordkeeping

requirements.

Amendments to the Regulations

For the reasons set forth in the

preamble, part 10 of the Customs

Regulations (19 CFR part 10) is

amended as set forth below.

PART 10—ARTICLES CONDITIONALLY

FREE, SUBJECT TO A REDUCED

RATE, ETC.

1. The general authority citation for

part 10 continues to read as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States (HTSUS)), 1321, 1481, 1484,

1498, 1508, 1623, 1624, 3314;

* * * * *

2. Section 10.5 is amended by:

a. Revising the heading;

b. Removing in paragraph (d) the

words ‘‘a notice of intent to export,

Customs Form 3311’’ and by adding the

words ‘‘a Certificate of Registration,

Customs Form 4455’’ in their place;

c. Revising the first sentence of

paragraph (e); and

d. Removing the Customs Form

number ‘‘3311’’ wherever it appears in

paragraphs (f) and (g) and by adding in

its place ‘‘4455’’.

The revisions read as follows:

§ 10.5 Shooks and staves; cloth boards;

port director’s account.

* * * * *

(e) The Certificate of Registration, CF

4455, shall be completed in triplicate by

the port director after verification from

the manifest of the exporting vessel and

the return of the lading officer. * * *

* * * * *

§ 10.6 [Amended]

3. Section 10.6 is amended by

removing the Customs Form number

‘‘3311’’ and by adding in its place

‘‘4455’’.

Approved: May 5, 1998.

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 98–14511 Filed 6–1–98; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–98–015]

RIN 2115–AE47

Drawbridge Operating Regulation;

Clear Creek, TX

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing

the operating regulation for the

Southern Pacific railroad bridge across

Clear Creek, mile 1.0, at Seabrook,

Texas. The bridge was removed in 1997

and the regulation governing its

operation is no longer applicable. Notice

and public procedure have been omitted

from this action because the bridge the

regulation formerly governed no longer

exists.

DATES: This regulation becomes

effective on June 2, 1998.

ADDRESSES: Documents referred to in

this notice are available for inspection

or copying at the office of the Eighth

Coast Guard District, Bridge

Administration Branch, Hale Boggs

Federal Building, room 1313, 501

Magazine Street, New Orleans,

Louisiana 70130–3396 between 7 a.m.

and 4 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (504) 589–2965. Commander

(ob) maintains the public docket for this

rulemaking.

FOR FURTHER INFORMATION CONTACT:
Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 /Rules and Regulations 29955

Mr. David Frank, Bridge Administration

Branch, telephone number 504–589–

2965.

SUPPLEMENTARY INFORMATION:

Background

The Southern Pacific railroad bridge

across Clear Creek, mile 1.0, at

Seabrook, Texas, was removed in 1997.

The elimination of this drawbridge

necessitates the removal of the

drawbridge operation regulation that

pertained to this draw. This rule

removes the regulation for this bridge in

§ 117.961.

The Coast Guard has determined that

good cause exists under the

Administrative Procedure Act (5 U.S.C.

553) to forego notice and comment for

this rulemaking because the bridge is no

longer in existence, eliminating the

need for the regulation.

The Coast Guard, for the reason just

stated, has also determined that good

cause exists for this rule to become

effective upon publication in the

Federal Register.

Regualtory Evaluation

This final 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 final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

considers whether this final rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ include (1) small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and (2) governmental

jurisdictions with populations of less

than 50,000.

Since the Southern Pacific Railroad

bridge across Clear Creek, mile 1.0, at

Seabrook, Texas has been removed, the

rule governing the bridge is no longer

appropriate. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

final rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

this final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principals and

criteria contained in Executive Order

12612 and has determined that this

rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

CE # 32(e) of the NEPA Implementing

Procedures, COMDINST M16475.IC,

this final rule 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.

Regulations

For the reasons set out in the

preamble, the Coast Guard is amending

Part 117 of Title 33, Code of Federal

Regulations, as follows:

PAR 117—DRAWBRIDGE OPERATION

REGULATIONS

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, 105

Stat. 5039.

§ 117.961 [Removed]

2. Section 117.961 is removed.

Dated: May 11, 1998.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 98–14451 Filed 6–1 –98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC–036–2011; FRL–6103–3]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia; Enhanced Motor Vehicle

Inspection and Maintenance Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is granting conditional

approval of a State Implementation Plan

(SIP) revision submitted by the District

of Columbia. This revision establishes

and requires the implementation of an

enhanced motor vehicle inspection and

maintenance (I/M) program throughout

the District. The intended effect of this

action is to conditionally approve the

District of Columbia enhanced motor

vehicle I/M program. EPA is granting

approval of this SIP revision,

conditioned upon the District meeting

the April 30, 1999 start date committed

to and contained in its enhanced I/M

SIP revision.

EFFECTIVE DATES: This final rule is

effective on July 2, 1998.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air Programs

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107.

FOR FURTHER INFORMATION CONTACT:

Catherine L. Magliocchetti 215–566–

2174, at the EPA Region III address

above, or via e-mail at magliocchetti.

catherineepamail. epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On March 30, 1998 (63 FR 15118),

EPA published a notice of proposed

rulemaking (NPR) for the District of

Columbia. The NPR proposed

conditional approval of the enhanced I/

M program, submitted on November 25,

1997 by the District of Columbia

Department of Health (DoH). A

description of the District’s submittal

and EPA’s rationale for its proposed

action were presented in the NPR and

will not be restated here.

II. Public Comments/Response to Public

Comments

There were no comments submitted

during the public comment period on

this notice.