Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Notices 39929

importers who have registered with

NHTSA pursuant to 49 CFR Part 592. As

specified in 49 CFR 593.7, NHTSA

publishes notice in the Federal Register

of each petition that it receives, and

affords interested persons an

opportunity to comment on the petition.

At the close of the comment period,

NHTSA decides, on the basis of the

petition and any comments that it has

received, whether the vehicle is eligible

for importation. The agency then

publishes this decision in the Federal

Register.

Champagne Imports of Lansdale,

Pennsylvania (‘‘Champagne’’)

(Registered Importer 90–009) has

petitioned NHTSA to decide whether

1987–1989 Saab 900 S passenger cars

are eligible for importation into the

United States. The vehicles which

Champagne believes are substantially

similar are 1987–1989 Saab 900 S

passenger cars that were manufactured

for importation into, and sale in, the

United States and certified by their

manufacturer, as conforming to all

applicable Federal motor vehicle safety

standards.

The petitioner claims that it carefully

compared non-U.S. certified 1987–1989

Saab 900 S passenger cars to their U.S.

certified counterparts, and found the

vehicles to be substantially similar with

respect to compliance with most Federal

motor vehicle safety standards.

Champagne submitted information

with its petition intended to

demonstrate that non-U.S. certified

1987–1989 Saab 900 S passenger cars, as

originally manufactured, conform to

many Federal motor vehicle safety

standards in the same manner as their

U.S. certified counterparts, or are

capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that

non-U.S. certified 1987–1989 Saab 900

S passenger cars are identical to their

U.S. certified counterparts with respect

to compliance with Standard Nos. 102

Transmission Shift Lever Sequence

* * * ., 103 Defrosting and Defogging

Systems, 104 Windshield Wiping and

Washing Systems, 105 Hydraulic Brake

Systems, 106 Brake Hoses, 109 New

Pneumatic Tires, 113 Hood Latch

Systems, 116 Brake Fluid, 124

Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 203 Impact

Protection for the Driver from the

Steering Control System, 204 Steering

Control Rearward Displacement, 205

Glazing Materials, 206 Door Locks and

Door Retention Components, 207

Seating Systems, 209 Seat Belt

Assemblies, 210 Seat Belt Assembly

Anchorages, 212 Windshield Retention,

216 Roof Crush Resistance, 219

Windshield Zone Intrusion, and 302

Flammability of Interior Materials.

Additionally, the petitioner states that

non-U.S. certified 1987–1989 Saab 900

S passenger cars comply with the

Bumper Standard found in 49 CFR Part

581.

Petitioner also contends that the

vehicles are capable of being readily

altered to meet the following standards,

in the manner indicated:

Standard No. 101 Controls and

Displays: (a) Substitution of a lens

marked ‘‘Brake’’ for a lens with a

noncomplying symbol on the brake

failure indicator lamp; (b) installation of

a seat belt warning lamp that displays

the appropriate symbol; (c) recalibration

of the speedometer/odometer from

kilometers to miles per hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

installation of U.S.-model headlamp

assemblies that incorporate headlamps

with DOT markings; (b) installation of

U.S.-model front and rear sidemarker/

reflector assemblies; (c) installation of

U.S.-model taillamp assemblies.

Standard No. 110 Tire Selection and

Rims: installation of a tire information

placard.

Standard No. 111 Rearview Mirror:

replacement of the passenger side

rearview mirror with a U.S.-model

component.

Standard No. 114 Theft Protection:

installation of a warning buzzer

microswitch in the steering lock

assembly and a warning buzzer.

Standard No. 118 Power Window

Systems: rewiring of the power window

system so that the window transport is

inoperative when the ignition is

switched off.

Standard No. 208 Occupant Crash

Protection: (a) installation of a U.S.-

model seat belt in the driver’s position,

or a belt webbing-actuated microswitch

inside the driver’s seat belt retractor; (b)

installation of an ignition switchactuated seat belt warning lamp and

buzzer. The petitioner states that the

vehicles are equipped with combination

lap and shoulder restraints that adjust

by means of an automatic retractor and

release by means of a single push button

at both front designated seating

positions, with combination lap and

shoulder restraints that release by

means of a single push button at both

rear outboard designated seating

positions, and with a lap belt at the rear

center designated seating position.

Standard No. 214 Side Impact

Protection: installation of reinforcing

beams.

Standard No. 301 Fuel System

Integrity: installation of a rollover valve

in the fuel tank vent line between the

fuel tank and the evaporative emissions

collection canister.

The petitioner states that anti-theft

devices and components on non-U.S.

certified 1987–1989 Saab 900 S

passenger cars will be inspected and

replaced, where necessary, to comply

with the Theft Prevention Standard

found in 49 CFR Part 541.

The petitioner also states that a

vehicle identification number plate

must be affixed to the vehicles to meet

the requirements of 49 CFR Part 565.

Interested persons are invited to

submit comments on the petition

described above. Comments should refer

to the docket number and be submitted

to: Docket Section, National Highway

Traffic Safety Administration, Room

5109, 400 Seventh Street, S.W.,

Washington, DC 20590. It is requested

but not required that 10 copies be

submitted.

All comments received before the

close of business on the closing date

indicated above will be considered, and

will be available for examination in the

docket at the above address both before

and after that date. To the extent

possible, comments filed after the

closing date will also be considered.

Notice of final action on the petition

will be published in the Federal

Register pursuant to the authority

indicated below.

Authority: 49 U.S.C. 30141(a)(1)(A) and

(b)(1); 49 CFR 593.8; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued: July 21, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98–19794 Filed 7–23–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

Customs Service

Announcement of General Program

Test: Quota Preprocessing

AGENCY: Customs Service, Treasury.

ACTION: General notice.

SUMMARY: This notice announces

Customs plan to conduct a test to

evaluate the effectiveness of a new

operational procedure regarding the

electronic processing of quota-class

apparel merchandise. The tests will be

conducted at ports located at New York/

Newark and Los Angeles. The new

procedure will allow certain quota

entries to be processed prior to carrier

arrival, thus reducing the quota

processing time. This notice informs the

public of the new procedure and
39930 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Notices

eligibility requirements to participate in

the test. Public comments concerning

any aspect of the test are solicited.

EFFECTIVE DATES: Written comments

regarding this notice must be received

on or before August 24, 1998. This test

will commence no earlier than August

24, 1998 and run for approximately a six

month time period, with evaluations of

the test occurring periodically.

ADDRESSES: Applications to participate

in the prototype will be accepted prior

to and throughout the prototype.

Written comments regarding this notice

or any aspect of this test should be

addressed to Lori Bowers, U.S. Customs

Service, QWG Team Leader, 1000

Second Ave., Suite 2100, Seattle, WA

98104–1020 or may be sent via e-mail to

preprocessing@

quota.customs.sprint.com. Applications

should be sent to the prototype

coordinator at any of the four following

port(s) where the applicant wishes to

submit quota entries for preprocessing:

(1) Julian Velasquez, Port of Los

Angeles, 300 S. Ferry St., Terminal

Island, CA 90731;

(2) Tony Piscitelli, Los Angeles

International Airport, 11099 S. La

Cienaga Blvd., Los Angeles, CA 90045;

(3) Barry Goldberg, JFK Airport, JFK

Building 77, Jamacia, NY 11430; and

(4) John Lava, Ports of New York/

Newark, 6 World Trade Center, New

York, NY10048.

FOR FURTHER INFORMATION CONTACT: Lori

Bowers, (206) 553–0452, or Bob Abels,

(202) 927–0001.

SUPPLEMENTARY INFORMATION:

I. Description of Proposed Test

The Concept of Quota Preprocessing

Many apparel importers have

identified a need to reduce the

processing time for quota entries. These

importers state that the total processing

time, as measured from carrier arrival to

Customs release, for quota merchandise

is longer than for non-quota

merchandise. Normally, entry summary

documentation for both quota and nonquota merchandise may be preliminarily

reviewed by Customs before the arrival

of the carrier. For quota-class

merchandise, however, the importing

carrier must have actually arrived

within the port limits and either the

estimated duties must have been

deposited or a valid scheduled

statement date must have been received

by Customs via the Automated Broker

Interface (ABI) before it is deemed that

there has been presentation of the entry

summary. Because quota priority and

status are determined at the time of

presentation, the preliminary review

does not reduce the processing time for

quota entries. This results in increased

costs and delays in receipt of quotaclass merchandise. To address this issue

a multi-discipline work group,

including members from the trade, was

formed in partnership with the National

Treasury Employees Union (NTEU).

Using process improvement

methodology, the Quota Processing

Work Group (QWG) developed Quota

Preprocessing—a new operational

procedure regarding the processing of

quota-class merchandise—as a solution

to the problem.

Quota preprocessing will allow

certain quota entries (discussed below)

to be filed, reviewed for admissibility,

and processed through Customs prior to

arrival of the carrier, similar to the

methods in which non-quota entries are

presently processed. It is believed that

such a change in procedures could

reduce the processing time for quota

entries.

The Quota Preprocessing test is

designed to evaluate the effectiveness of

this new operating procedure, so that

any benefits of processing quota entries

prior to carrier arrival can be verified.

By prototyping the concept first,

Customs can measure the benefits,

receive input from the trade, and

determine if any future changes are

necessary before incorporating Quota

Preprocessing into its standard

procedures. Should the measurements

support the anticipated benefits, action

will be initiated to amend certain

Customs regulations (see below) so that

Quota Preprocessing can be

incorporated into the design of Customs

future computer system, ACE

(Automated Commercial Environment).

The ports of New York/Newark (4701,

4601, 1001) and Los Angeles (2704,

2720) are the test locations for Quota

Preprocessing. By prototyping the

process first at these ports, Customs can

assess whether or not Quota

Preprocessing can achieve its stated

objectives prior to expanding the

process nationally.

Prototype Objectives

The goals of the prototype are:

(1) To reduce the processing time of

quota entries;

(2) To process quota entries submitted

as part of the preprocessing program in

the same amount of time as non-quota

entries;

(3) To increase the quantity of quota

entries released within one calendar day

of the arrival of the carrier; and

(4) To equalize the submission of

quota entries over the five-day work

week.

Description of the Prototype

Participants in the prototype may

submit quota entries that meet the

eligibility requirements specified below

to Customs up to five days prior to

vessel arrival or after wheels are up on

air shipments. Quota entries to be

preprocessed must be submitted to

Customs during official business hours

(see, § 101.6, Customs Regulations), and

will be reviewed for admissibility and

processed prior to the carrier’s arrival.

Pursuant to Customs Modernization

provisions in the North American Free

Trade Agreement Implementation Act

(the Act), Pub.L. 103–182, 107 Stat.

2057, 2170 (December 8, 1993), Customs

amended its regulations, in part, to

enable the Commissioner of Customs to

conduct limited test programs/

procedures designed to evaluate the

effectiveness of new technology or

operations procedures, which have as

their goal the more efficient and

effective processing of passengers,

carriers, and merchandise. Section

101.9(a) of the Customs Regulations (19

CFR 101.9(a)) allows for such general

testing. See, TD 95–21. This test

concerns the processing of merchandise

and is established pursuant to that

regulatory provision. Public comments

concerning any aspect of the prototype

are solicited and Customs will review

any comments timely received before

implementing this test.

The test of Quota Preprocessing is

scheduled to run for six months with

the starting date targeted for

approximately 30 days from the

publication of this notice in the Federal

Register. Once the test is underway,

Customs will begin evaluating the test

procedure, employing criteria designed

to measure the effectiveness of the

prototype.

II. Importer/Entry Eligibility Criteria

Only importers who currently import

apparel through the ports of Los Angeles

(2704/2740) and/or New York/Newark

(1001/4601/4701) may participate in the

prototype. Participants will not be

permitted to alter their importing

patterns in order to take advantage of

Quota Preprocessing. During the

prototype Customs will monitor import

volumes for significant increases

through the prototype ports.

Customs will only accept

consumption entries of apparel

merchandise subject to quota (type 02

and 07) for preprocessing which meet

the following criteria:

(1) The entry must be filed using the

ABI;

(2) Payment must be made

electronically through the Automated

Clearinghouse (ACH);
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Notices 39931

(3) Arriving carriers must use the

Automated Manifest System (AMS);

(4) The quota category must be less

than 85% full;

(5) The entry must contain at least one

line classifiable in Chapter 61 or 62 of

the Harmonized Tariff Schedule of the

United States (HTSUS); and

(6) The entry must be submitted at the

port of Los Angeles (2704/2720) or New

York/Newark (1001/4601/4701).

If an importer submits a quota entry

for Quota Preprocessing and it does not

meet all of the above criteria the entry

summary will be rejected back to the

filer and may not be resubmitted to

Customs until after the carrier has

arrived. Upon arrival of the carrier,

merchandise covered by a preprocessed

entry will be released unless Customs

decides to perform an examination. If an

examination of the merchandise is

necessary, the examination will occur

during the port’s regular inspectional

hours.

Regulatory Provisions Affected

During the six-month test period of

this operational procedure, the

requirements regarding scheduling of

ACH payment, quota status, submission

of quota documents, and time of entry,

found in §§ 24.25(c)(3), 132.11, 132.11a,

141.63 and 141.68 of the Customs

Regulations, will be suspended at the

affected ports.

Regarding the submission of an entry

under this prototype, when the

documents are filed prior to arrival of

the merchandise the term ‘‘time of

entry’’ shall be the time the merchandise

arrives within the port limits. For

purposes of this prototype, the term

‘‘time of presentation’’ shall be the time

of delivery in proper form of the entry/

entry summary for consumption for

which a valid scheduled statement date

for the estimated duties payable has

been successfully received by Customs

via the ABI. A valid scheduled

statement date must be within 10 days

of the estimated date of arrival of the

merchandise.

III. Application

Importers that wish to participate in

the Quota Preprocessing prototype must

submit a written application that

includes the following information:

1. The specific ports located at either

New York/Newark or Los Angeles at

which they intend to enter quota

merchandise;

2. The importer of record number(s),

including suffix(es), and a statement of

the importer’s/filer’s electronic filing

capabilities;

3. Names and addresses of any entry

filers, including Customs brokers, who

will be electronically filing entries at

each port on behalf of the importer/

participant; and

4. The total number of consumption

quota entries (type 02 and 07) filed at

each of the prototype ports during the

preceding 12-month period and the

estimated number of eligible entries

expected to be filed at each designated

port during the Quota Preprocessing

prototype. If it is expected that a

significantly higher number of eligible

entries will be filed during the

prototype than were filed during the

preceding 12 months, an explanation for

the increase is necessary.

Customs will notify applicants in

writing of their selection or

nonselection in this prototype. If an

applicant is denied participation, he/she

may appeal in writing to the port

director at the port which denied the

application.

IV. Misconduct

A participant may be suspended from

the Quota Preprocessing prototype and

disqualified from any future phases of

this prototype if involved in any of the

following acts of misconduct:

1. Shifting the volume of imports

clearing through the prototype port(s);

2. Continually overestimating the date

of arrival;

3. Continually submitting ineligible

entries, i.e., the entry summary is nonABI, the carrier is non-AMS, payment is

not via ACH, and/or none of the

merchandise is from HTSUS Chapter 61

or 62;

4. Submitting multiple requests for

canceled entries;

5. Participating in any activity to

circumvent quota or erroneously gain

quota status; or

6. Failing to abide by the terms and

conditions of this notice or applicable

laws and regulations.

Participants subject to suspension

will be notified in writing. Such notice

will apprise the participant of the facts

or conduct warranting suspension and

the date on which the suspension will

take effect.

Any decision proposing suspension of

a participant may be appealed in writing

to the local port director within 15 days

of the decision date. Should the

participant appeal the notice of

proposed suspension, the participant

should address the facts or conduct

charges contained in the notice and

state how he/she does or will achieve

compliance. However, in the case of

willfulness or where public health

interests or safety are concerned, the

suspension may be effective

immediately. Further, Customs has the

discretion to immediately suspend a

prototype participant based on the

determination that an unacceptable

compliance risk exists. This suspension

may be invoked at any time after

acceptance in the prototype. In addition

to being suspended, a participant may

be subject to penalties, liquidated

damages, and/or other administrative

sanctions for such action.

V. Test Evaluation Criteria

Although by no means exclusive, the

following evaluation criteria may be

used by Customs to assess the merits of

the test procedure:

1. Workload impact (workload shifts/

volume, cycle times, etc.);

2. Policy and procedure

accommodations;

3. System efficiency;

4. Operational efficiency; or

5. Other issues identified by public

comment or by the participants.

Also, Customs may survey

participants to validate the benefits of

this prototype. Results of the test

evaluations will be available at the

conclusion of the prototype and will be

made available to the public upon

request.

Dated: July 20, 1998.

Audrey Adams,

Acting Assistant Commissioner, Office of

Field Operations.

[FR Doc. 98–19773 Filed 7–23–98; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Customs Service

Country of Origin Marking Rules for

Textiles and Textile Products

Advanced in Value, Improved in

Condition, or Assembled Abroad

AGENCY: U.S. Customs Service;

Department of the Treasury.

ACTION: Proposed interpretation;

extension of comment period.

SUMMARY: On June 15, 1998, a document

was published in the Federal Register

advising the public that Customs is

proposing a new interpretation

concerning the country of origin rules

for certain imported textile and textile

products. Customs proposed that 19

CFR 12.130(c) should not control for

purposes of country of origin marking of

textile and textile products, and that

Chapter 98, Subchapter II, U.S. Note

2(a), Harmonized Tariff Schedule of the

United States does not apply for country

of origin marking purposes. The

document solicited comments,

requesting that comments be received

on or before August 14, 1998. This