Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices 36483

2 In its environmental and historic reports, GTW

stated that traffic has not moved over this line

segment in ‘‘excess of one year’’ which conflicted

with the certification in the notice of exemption. On

June 24, 1998, GTW informed the Board that no

traffic has moved over the line segment since

October 1995.

3The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board’s Section of

Environmental Analysis in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

4Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

be rerouted over other GTW lines; 2 (3)

no formal complaint filed by a user of

rail service on the line (or by a state or

local government entity acting on behalf

of such user) regarding cessation of

service over the line either is pending

with the Surface Transportation Board

(Board) or with any U.S. District Court

or has been decided in favor of

complainant within the 2-year period;

and (4) the requirements at 49 CFR

1105.7 (environmental reports), 49 CFR

1105.8 (historic reports), 49 CFR

1105.11 (transmittal letter), 49 CFR

1105.12 (newspaper publication), and

49 CFR 1152.50(d)(1) (notice to

governmental agencies) have been met.

As a condition to this exemption, any

employee adversely affected by the

abandonment shall be protected under

Oregon Short Line R. Co.—

Abandonment— Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

must be filed. Provided no formal

expression of intent to file an offer of

financial assistance (OFA) has been

received, this exemption will be

effective on August 5, 1998, unless

stayed pending reconsideration.

Petitions to stay that do not involve

environmental issues,3 formal

expressions of intent to file an OFA

under 49 CFR 1152.27(c)(2),4 and trail

use/rail banking requests under 49 CFR

1152.29 must be filed by July 16, 1998.

Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by July 27, 1998,

with: Surface Transportation Board,

Office of the Secretary, Case Control

Unit, 1925 K Street, NW, Washington,

DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Robert P. vom Eigen,

Esq., Hopkins & Sutter, 888 Sixteenth

Street, NW, Washington, DC 20006.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

GTW has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by July 10, 1998.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423) or by calling

SEA, at (202) 565–1545. Comments on

environmental and historic preservation

matters must be filed within 15 days

after the EA becomes available to the

public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Pursuant to the provisions of 49 CFR

1152.29(e)(2), GTW shall file a notice of

consummation with the Board to signify

that it has exercised the authority

granted and fully abandoned the line. If

consummation has not been effected by

GTW’s filing of a notice of

consummation by July 6, 1999, and

there are no legal or regulatory barriers

to consummation, the authority to

abandon will automatically expire.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: June 29, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–17802 Filed 7–2–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Customs Service

Announcement of Second Test of

General Aviation Telephonic Entry

(Gate II)

AGENCY: Customs Service, Treasury.

ACTION: General notice.

SUMMARY: This notice announces

Customs plan to conduct a second

general test to evaluate further the

effectiveness of new operational

procedures regarding the processing of

aircraft by way of telephonic entry of

certain pre-registered, passengercarrying, general aviation aircraft flights

entering the United States directly from

Canada. This second test will expand

the scope of participation to ports with

one full-time inspector and will include

approved small charter/air taxi aircraft

returning with crew members only. This

notice invites public comments

concerning any aspect of the test,

informs interested members of the

public of the eligibility requirements for

voluntary participation in the test, and

describes the basis on which Customs

will select participants for the test.

EFFECTIVE DATES: Applications will be

available and accepted at the Customs

office located at the Detroit

Metropolitan Airport beginning July 6,

1998. The test will commence no earlier

than August 5, 1998, and will be

evaluated after 1 year. Comments must

be received on or before August 5, 1998.

ADDRESSES: Applications to participate

in the program test are available from

and should be mailed to the Detroit

Metropolitan Airport: U.S. Customs

Service, GATE Program Center,

International Terminal, Detroit

Metropolitan Airport, Detroit, Michigan

48242. Written comments regarding this

notice should be addressed to: U.S.

Customs Service, Passenger Process

Owner, Passenger Operations Division,

1300 Pennsylvania Ave., NW, Room

5.4–D, Washington, DC 20229–0001.

FOR FURTHER INFORMATION CONTACT:

Priscilla Frink (202) 927–1323.

SUPPLEMENTARY INFORMATION:

Background

On November 4, 1996, Customs

implemented the General Aviation

Telephonic Entry (GATE) Program on a

test basis to evaluate the effectiveness of

a new operations procedure regarding

the telephonic entry of certain preregistered, passenger-carrying, general

aviation aircraft flights entering the

United States directly from Canada (see

61 FR 46902, dated September 5, 1996).

The test was to last one year and the

results evaluated. Although the initial

test was to be open to all eligible flights

along the northern border, because of

personnel constraints and other matters,

many flights could not participate in the

GATE test.

Accordingly, because the evaluation

of the initial test yielded only partial

results and an analysis of the comments

received showed a willingness to

participate in GATE by the traveling

community if only the program were

more readily available, Customs has

decided to conduct a second test of

GATE. This second test will expand the

scope of participation to ports with one

full-time inspector and will allow

approved small charter/air taxi aircraft

returning with crew members only.

Customs will implement the second test

for not less than 1 year; however, the
36484 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices

test may be extended for an additional

time period not to exceed 180 days.

For programs designed to evaluate the

effectiveness of new technology or

operational procedures regarding the

processing of passengers, vessels, or

merchandise, § 101.9(a) of the Customs

Regulations (19 CFR 101.9(a))

implements the general testing

procedures. This test is established

pursuant to that regulation.

I. Description of Proposed Test

The Concept of Telephonic Entry

Any aircraft arriving in the United

States from a foreign airport or place is

required to (1) give advance notification

of its arrival, (2) immediately report its

arrival to Customs, and (3) land at the

airport designated by Customs for entry.

See, 19 U.S.C. 1433(c) and

implementing Customs Regulations at

19 CFR Part 122, subparts C and D.

Individual passengers are also required

to report their arrival to Customs. See,

19 U.S.C. 1459 and implementing

Customs Regulations at 19 CFR Part 123.

Because historical data on certain

general aviation aircraft (aircraft

comprising private and corporate

aircraft, and air ambulances that have a

seating capacity of fifteen or fewer

passengers) indicated a high degree of

compliance with Customs and other

federal agency reporting laws, Customs

developed the GATE program to allow

certain pre-registered, passengercarrying flights of such aircraft to report

their entry telephonically when entering

the United States directly from Canada.

To provide a means for measuring the

effectiveness of GATE, random

inspections were built into the program.

Thus, the GATE program was designed

to combine the proven benefits of

facilitation and selectivity, thereby

freeing valuable Customs resources for

use in other areas.

The initial test was implemented at

designated airports located nation-wide

for flights entering the United States

directly from Canada. (Flights arriving

from areas south of the United States

that were subject to the provisions of

§ 122.23 (19 CFR 122.23) were not

eligible for this test). During the test

period, pilots gave advance notice of

their arrival—from a minimum of 3

hours up to a maximum of 72 hours in

advance—to Customs by calling 1–800–

98–CLEAR, and approved flights

received advance clearance to land at a

designated airport, provided the pilot(s)

received a telephonic entry number.

Regulatory Provisions Affected

During this second GATE test,

participants again will be provided with

a telephonic entry number in lieu of

having to comply with normal

inspection requirements. Accordingly,

for test participants the normal arrival

reporting and landing requirements of

Parts 122 and 123 of the Customs

Regulations (see, 19 CFR Parts 122,

subparts C and D, and 123) will not be

followed. However, participants will

still be subject to civil and criminal

penalties and sanctions for any

violations of other U.S. Customs laws.

II. Eligibility Criteria

A. Aircraft & Airports

Only U.S.- and Canadian-registered

general aviation aircraft that will arrive

in the United States directly from

Canada are eligible to participate in the

GATE test. For purposes of this test, the

term general aviation aircraft means

aircraft comprising private and

corporate aircraft, approved small

charter/air taxi aircraft and air

ambulances that have a seating capacity

of fifteen or fewer passengers that are

returning to the U.S. with crew

members only.

Aircraft transiting Canada are not

eligible for this test. Also, flights that

arrive from areas south of the United

States and are subject to the provisions

of § 122.23 (19 CFR 122.23) are not

eligible for this test. Further, aircraft

that will carry cargo, merchandise

requiring the payment of Customs

duties, restricted or prohibited food

products or other articles, or monetary

instruments in excess of $10,000, will

not qualify for this test.

GATE flights will be allowed to land

at airports within a port of entry and

most airports that are located within a

reasonable commuting distance from a

port of entry, provided the local port

director having jurisdiction over the

airport has designated the airport for

GATE-test use. Although many airport

locations have already been approved

for GATE participation, other airports

located outside of a port of entry may

be approved by the local port director,

based on a review of the facility after it

is requested as a designated airport on

an application. In such cases, the port

director will take the following factors

into consideration in determining

whether to designate an airport for

GATE-test use:

—Willingness of the airport operator to

participate in the GATE test;

—The distance to the airport from the

nearest Customs port of entry (so that

random inspections can be

performed), commuting time required

for Customs officers, and Customs

officer safety;

—Whether a secure place to work is

provided at the airport; and

—Whether communications equipment

is accessible.

B. Persons

Participation in the GATE test is

voluntary. Only U.S. citizens,

permanent resident aliens of the United

States, Canadian citizens, or landed

immigrants in Canada from

Commonwealth countries, and who are

regular passengers or flight crews of preregistered flights, will be considered for

this test. Each applicant must have a

‘‘face to face’’ inspection with either a

U.S. Immigration or Customs officer,

which clearly demonstrates the person’s

right to legally enter the United States,

and must agree to carry all necessary

personal identification and immigration

documents.

Persons with evidence of a pending or

past investigation which establishes

illegal or dishonest conduct, persons

involved in a violation of Customs laws

(for example, civil, controlled substance

violations, smuggling), and persons

found to be inadmissible under the

immigration laws of the United States

are not eligible for this test.

Participation in this test will not

constitute confidential information, and

lists of participants will be made

available to the public upon written

request.

III. Test Application Procedure

General aviation aircraft owners,

operators, and pilots who wish to have

their passenger-carrying flights

considered for participation in the

GATE test should contact the Customs

office at Detroit Metropolitan Airport in

Michigan at the address listed at the

front of this document to request an

application for General Aviation

Telephonic Entry Program form

(Customs Form 442). Applications must

be filed with the Customs port at Detroit

Metropolitan Airport in Michigan 30

days prior to the date of the first

scheduled flight in order to be

considered for participation in the

GATE test.

Selection Standards

Applicants will be approved/denied

for the GATE test based on whether the

personnel/aircraft information provided

on the CF 442 meets all the above

eligibility criteria. The port of Detroit,

Michigan will determine the

qualifications of all passengers/pilots/

aircraft, and a letter approving or

denying the test application will be sent

to the applicant. Aircraft owners/

operators must agree not to allow their

general aviation aircraft to carry
Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices 36485

passengers who are not listed and

approved on the application. (To allow

for the proper accounting of last-minute

personnel changes to an application

already on file with Customs, an

Application Addendum form must be

completed and sent to the Customs

office at Detroit Metropolitan Airport).

Further, aircraft owners/operators must

agree not to allow persons to carry

dutiable/commercial merchandise,

restricted or prohibited food products or

other articles, or monetary instruments

of $10,000 or more on test flights.

If an application is denied for any

reason other than because a particular

airport is not designated for GATE-test

use (for example, a denial based on

information concerning passengers,

pilots, or the aircraft), the applicant may

appeal the decision to the Detroit Port

Director within 10 working days from

receipt of the denial letter. If the appeal

to the Port Director results in another

denial, then the applicant may appeal

directly to the Passenger Process Owner

at Customs Headquarters within 10

working days from receipt of the second

denial letter.

IV. Test Evaluation Criteria

Customs will review all public

comments received concerning any

aspect of the test program or procedures,

finalize procedures in light of those

comments, form problem-solving teams,

and establish baseline measures and

evaluation methods and criteria. After

the second test period is concluded,

evaluations of the test will be conducted

and final results will be made available

to the public upon request.

Dated: June 26, 1998.

John B. McGowan,

Acting Assistant Commissioner, Office of

Field Operations.

[FR Doc. 98–17818 Filed 7–2–98; 8:45 am]

BILLING CODE 4820–02–P

UNITED STATES INFORMATION

AGENCY

Vietnam Fulbright: Foreign Student

Exchange Program

ACTION: Request for proposals.

SUMMARY: The Office of Academic

Programs of the United States

Information Agency’s Bureau of

Educational and Cultural Affairs

announces an open competition for an

assistance award. Public and private

non-profit organizations meeting the

provisions described in IRS regulation

26 CFR 1.501(c) may apply to manage a

student exchange program. The program

would bring 20–25, mid-career

Vietnamese each year to the U.S. in

order to pursue a Master’s degree, or in

some cases a Ph.D., in fields related to

economic development to include—but

not limited to—economics, business,

public policy, public administration,

law, and international relations. The

proposal must also include renewal

costs for approximately 30–35

Vietnamese Fulbright students currently

studying in the U.S. (mostly secondyear, but some third-year students).

Overall grant-making authority for

this program is contained in the Mutual

Educational and Cultural Exchange Act

of 1961, Pub. L. 87–256, as amended,

also known as the Fulbright-Hays Act.

The purpose of the Act is ‘‘to enable the

Government of the United States to

increase mutual understanding between

the people of the United States and the

people of other countries * * *; to

strengthen the ties which unite us with

other nations by demonstrating the

educational and cultural interests,

developments, and achievements of the

people of the United States and other

nations * * * and thus to assist in the

development of friendly, sympathetic

and peaceful relations between the

United States and the other countries of

the world.’’ The funding authority for

the program cited above is provided

through the Fulbright-Hays Act.

The program must conform with

Agency requirements and guidelines

outlined in the Solicitation Package.

USIA projects and programs are subject

to the availability of funds.

Announcement Title And Number:

All communications with USIA

concerning this RFP should refer to the

announcement’s title and reference

number E/AEF–99–01.

Deadline for Proposals: All copies

must be received at the U.S. Information

Agency by 5 p.m. Washington, DC time

on Friday, July 31, 1998. Faxed

documents will not be accepted at any

time. Documents postmarked by the due

date but received at a later date will not

be accepted. The grant should begin on

or about October 1, 1998.

Duration: October 1, 1998–September

30, 2000.

FOR FURTHER INFORMATION CONTACT: The

Office of Academic Programs, Academic

Exchange Programs Divisions/East Asia

Fulbright Branch, E/AEF, Room 208,

U.S. Information Agency, 301 4th Street,

SW., Washington, DC 20547, phone:

(202) 619–6788/5404, fax: (202) 401–

1728; email: sborja@usia.gov to request

a Solicitation Package containing more

detailed information. Please request

required application forms, and

standard guidelines for preparing

proposals, including specific criteria for

preparation of the proposal budget.

To Download A Solicitation Package

Via Internet: The entire Solicitation

Package may be downloaded from

USIA’s website at http://www.usia.gov/

education/rfps. Please read all

information before downloading.

To Receive A Solicitation Package Via

Fax on Demand: The entire Solicitation

Package may be received via the

Bureau’s ‘‘Grants Information Fax on

Demand System’’, which is accessed by

calling 202/401–7616. Please request a

‘‘Catalog’’ of available documents and

order numbers when first entering the

system.

Please specify USIA Program Officer

Sue Borja on all inquiries and

correspondences. Interested applicants

should read the complete Federal

Register announcement before sending

inquiries or submitting proposals. Once

the RFP deadline has passed, Agency

staff may not discuss this competition in

any way with applicants until the

Bureau proposal review process has

been completed.

Submissions: Applicants must follow

all instructions given in the Solicitation

Package. The original and 10 copies of

the application should be sent to: U.S.

Information Agency, Ref.: E/AEF–99–01,

Office of Grants Management, E/XE,

Room 326, 301 4th Street, SW.,

Washington, DC 20547.

Applicants must also submit the

‘‘Executive Summary’’ and ‘‘Proposal

Narrative’’ sections of the proposal on a

3.5′′ diskette, formatted for DOS. This

material must be provided in ASCII text

(DOS) format with a maximum line

length of 65 characters. USIS will

transmit these files electronically to

USIS posts overseas for their review,

with the goal of reducing the time it

takes to get posts’ comments for the

Agency’s grants review process.

Diversity, Freedom and Democracy

Guidelines

Pursuant to the Bureau’s authorizing

legislation, programs must maintain a

non-political character and should be

balanced and representative of the

diversity of American political, social,

and cultural life. ‘‘Diversity’’ should be

interpreted in the broadest sense and

encompass differences including—but

not limited to—ethnicity, race, gender,

religion, geographic location, socioeconomic status, and physical

challenges. Applicants are strongly

encouraged to adhere to the

advancement of this principle both in

program administration and in program

content. Please refer to the review

criteria under the ‘‘Support for

Diversity’’ section for specific

suggestions on incorporating diversity

into the total proposal. Pub. L. 104–319