Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 /Rules and Regulations 29953

not have sufficient implications for

federalism to warrant a Federalism

Assessment.

List of Subjects in 16 CFR Part 1700

Consumer protection, Drugs, Infants

and children, Packaging and containers,

Poison prevention, Toxic substances.

For the reasons given above, the

Commission amends 16 CFR part 1700

as follows:

PART 1700—[AMENDED]

1. The authority citation for part 1700

continues to read as follows:

Authority: Secs 1700.1 and 1700.14 also

issued under Pub. L. 92–573, sec. 30(a), 88

Stat. 1231. 15 U.S.C. 2079(a).

2. Section 1700.14 is amended to

revise paragraph (a)(10)(vii) and to add

paragraph (a)(27) to read as follows (the

introductory text of paragraphs (a) and

(10) are republished without change for

context):

§ 1700.14 Substances requiring special

packaging.

(a) Substances. The Commission has

determined that the degree or nature of

the hazard to children in the availability

of the following substances, by reason of

their packaging, is such that special

packaging meeting the requirements of

§ 1700.20(a) is required to protect

children from serious personal injury or

serious illness resulting from handling,

using, or ingesting such substances, and

the special packaging herein required is

technically feasible, practicable, and

appropriate for these substances:

* * * * *

(10) Prescription drugs. Any drug for

human use that is in a dosage form

intended for oral administration and

that is required by Federal law to be

dispensed only by or upon an oral or

written prescription or a practitioner

licensed by law to administer such drug

shall be packaged in accordance with

the provisions of § 1700.15(a), (b), and

(c), except for the following:

* * * * *

(vii) Sodium fluoride drug

preparations including liquid and tablet

forms, containing not more than 110

milligrams of sodium fluoride (the

equivalent of 50 mg of elemental

fluoride) per package or not more than

a concentration of 0.5 percent elemental

fluoride on a weight-to-volume basis for

liquids or a weight-to-weight basis for

non-liquids and containing no other

substances subject to this

§ 1700.14(a)(10).

* * * * *

(27) Fluoride. Household substances

containing more than the equivalent of

50 milligrams of elemental fluoride per

package and more than the equivalent of

0.5 percent elemental fluoride on a

weight-to-volume basis for liquids or a

weight-to-weight basis for non-liquids

shall be packaged in accordance with

the provisions of § 1700.15(a), (b) and

(c).

* * * * *

Dated: May 27, 1998.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

List of Relevant Documents

1. Briefing memorandum from Jacqueline

Ferrante, Ph.D., EH, to the Commission,

‘‘Proposed Rule to Require Child-Resistant

Packaging for Household Products with

Fluoride,’’ September 30, 1997.

2. Memorandum from Susan C. Aitken,

Ph.D., EH, to Jacqueline Ferrante, Ph.D., EH,

‘‘Toxicity of Household Products Containing

Fluoride,’’ August 4, 1997.

3. Memorandum from Marcia P. Robins,

EC, to Jacqueline Ferrante, Ph.D., EH,

‘‘Market Data, Economic Considerations and

Environmental Effects of a Proposal to

Require Child-Resistant Packaging for

Household Products Containing Fluoride,’’

June 20, 1997.

4. Memorandum from Charles Wilbur, EH,

to Jacqueline Ferrante, Ph.D., EH, ‘‘Technical

Feasibility, Practicability, and

Appropriateness Determination for the

Proposed Rule to Require Child-Resistant

Packaging for OTC Products Containing

Fluoride,’’ June 27, 1997.

5. Briefing memorandum from Jacqueline

Ferrante, Ph.D., EH, to the Commission,

‘‘Final Rule to Require Child-Resistant

Packaging for Household Products with

Fluoride,’’ May 6, 1998.

6. Memorandum from Susan C. Aitken,

Ph.D., EH, to Jacqueline Ferrante, Ph.D., EH,

‘‘Update on Injuries Due to Products

Containing Fluoride,’’ October 9, 1997.

7. Memorandum from Susan C. Aitken,

Ph.D., EH, to Jacqueline Ferrante, Ph.D., EH,

‘‘Injuries Due to Products Containing

Fluoride,’’ April 20, 1998.

8. Memorandum from Marcia P. Robins,

EC, to Jacqueline Ferrante, Ph.D., EH, ‘‘Final

Rule: Child-Resistant Packaging for

Household Products Containing Fluorides,’’

April 8, 1998.

9. Memorandum from Charles Wilbur, EH,

to Jacqueline Ferrante, Ph.D., EH, ‘‘Technical

Feasibility, Practicability, and

Appropriateness Determination for the Final

Rule to Require Special Packaging for

Products Containing Fluoride,’’ March 10,

1998.

[FR Doc. 98–14449 Filed 6–1–98; 8:45 am]

BILLING CODE 6355–01–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 10

[T. D. 98–52]

RIN 1515–AC18

Procedural Change Regarding

American Shooks and Staves

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations by requiring the

submission of a Customs Form (CF)

4455, Certificate of Registration, rather

than a CF 3311, Declaration for Free

Entry of Returned American Products,

when shooks and staves produced in the

United States are exported from the

United States with the intention that

they will be returned to the United

States, exempt from duty, in the form of

complete boxes or barrels in use as

usual containers of merchandise. When

boxes or barrels made from the exported

American shooks and staves, for which

a CF 4455 has been submitted, are

imported, the importer of the boxes or

barrels must use the CF 4455 as well to

make such a claim. Shooks and staves

produced in the United States that are

exported and so returned are exempt

from customs duties provided their

identity is established by the proper

submission of the CF 4455. The

amendment helps to clarify the

procedures regarding the free entry of

such American produced shooks and

staves returned to the United States.

EFFECTIVE DATE: July 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Thomas Wygant, Office of Field

Operations, 202–927–1167.

SUPPLEMENTARY INFORMATION:

Background

Section 10.5, Customs Regulations (19

CFR 10.5) provides that shooks and

staves produced in the United States

and returned in the form of complete

boxes or barrels in use as the usual

containers of merchandise are exempt

from any duties imposed by the tariff

laws upon similar containers made of

foreign shooks or staves, provided their

identity is established under the

regulations.

Paragraph (d) of § 10.5 provides that

an exporter of shooks or staves in

respect of which free entry is to be

claimed when returned as boxes or

barrels shall file a notice of intent to

export on a Customs Form (CF) 3311 in

triplicate with the director of the port of
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: