40822 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

phase of flight when the airport traffic

control tower is closed.

EFFECTIVE DATE: 0901 UTC, October 8,

1998.

FOR FURTHER INFORMATION CONTACT:

Dennis Ripley, ANM–520.6, Federal

Aviation Administration, Docket No.

98–ANM–05, 1601 Lind Avenue S.W.,

Renton, Washington, 98055–4056;

telephone number: (425) 227–2527.

SUPPLEMENTARY INFORMATION:

History

On May 15, 1998, the FAA proposed

to amend Title 14, Code of Federal

Regulations, part 71 (14 CFR part 71) by

establishing the Moses Lake Class E

surface area (63 FR 27012). This

establishment of the Class E surface area

provides the additional airspace

necessary to allow terminal operations

to and from the en route environment

when the control tower is not in

operation. The commissioning of the

Automated Surface Observing System

(ASOS) qualifies the Grant County

Airport for a Class E surface area.

Interested parties were invited to

participate in the rulemaking

proceeding by submitting written

comments on the proposal. No

comments were received.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace extending

upward from 700 feet or more above the

surface of the earth are published in

Paragraph 6005 of FAA Order 7400.9E,

dated September 10, 1997, and effective

September 16, 1997, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in document will be published

subsequently in the Order.

The Rule

This amendment to 14 CFR part 71

establishes Class E airspace at Moses

Lake, WA, by providing a Class E

surface area around the Grant County

airport when the control tower is closed.

The intended effect of this rule is

designed to provide safe and efficient

use of the navigable airspace and to

promote safe flight operations under IFR

at Grant County Airport and between

the terminal and en route transition

stages.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore, (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the forgoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp. p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6002 Class E airspace designated

as a surface area for an airport.

* * * * *

ANM WA E2 Moses Lake, WA [New]

Grant County Airport, Moses Lake, WA

(Lat. 47°12′28′′N, long. 119°19′13′′W)

That airspace extending upward from the

surface within a 5.7-mile radius of the Grant

County Airport, excluding that airspace

within an area bounded by a line beginning

at lat. 47°11′31′′N, long. 119°10′59′′W; to lat.

49°09′59′′N, long. 119°14′55′′W; to lat.

47°07′34′′N, long. 119°14′55′′W; thence

counterclockwise via a 5.7-mile radius of the

Grant County Airport to the point of

beginning. This Class E airspace area is

effective during the specific dates and times

established in advance by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Airport/Facility Directory.

* * * * *

Issued in Seattle, Washington, on July 16,

1998.

Glenn A. Adams, III,

Assistant Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 98–20490 Filed 7–30–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 24

[T.D. 98–64]

RIN 1515–AC31

Exporters not Liable for Harbor

Maintenance Fee

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations to remove the

requirement that an exporter of cargo is

liable for the payment of the Harbor

Maintenance Fee when cargo is loaded

for export at a port subject to the Harbor

Maintenance Fee. This change is

required pursuant to a Supreme Court

decision finding that the Harbor

Maintenance Fee for exporters was in

violation of the Export Clause of the

Constitution of the United States.

EFFECTIVE DATE: The amendment to 19

CFR 24.24 is effective July 31, 1998.

Collection of the Harbor Maintenance

Fee on exports was discontinued

effective April 25, 1998.

FOR FURTHER INFORMATION CONTACT:

Patricia Barbare, Operations

Management Specialist, Budget

Division, U.S. Customs Service, (202)

927–0310.

SUPPLEMENTARY INFORMATION:

Background

The Harbor Maintenance Fee was

created by the Water Resources

Development Act of 1986 (Pub. L. 99–

662) (26 U.S.C. 4461 et seq.) (the Act),

and is implemented by § 24.24 of the

Customs Regulations (19 CFR 24.24).

The fee, pursuant to the Act and as

implemented by the regulations, became

effective on April 1, 1987, and has been

assessed on port use associated with

imports, exports, and movements of

cargo and passengers between domestic

ports. The fee is paid to the U.S.

Customs Service. The fee has been

imposed at the time of loading for

exports and unloading for other

shipments. Exporters, importers and

domestic shippers have been obligated,

pursuant to the statute and regulations,

to pay 0.125 percent of the value of the

commercial cargo shipped through

identified ports. The fee, once collected

by Customs, is deposited in the Harbor

Maintenance Trust Fund, from which

Congress may appropriate amounts to

pay for harbor maintenance and

development projects and related

expenses.
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40823

On March 31, 1998, the Supreme

Court in United States v. United States

Shoe Corp., 118 S. Ct. 1290, No. 97–372

(March 31, 1998), declared that the

Harbor Maintenance Fee is

unconstitutional as applied to exports.

The Court found that the Harbor

Maintenance Fee was a tax imposed on

an ad valorem basis and as such, the fee

was not a fair approximation of the

services, facilities or benefits furnished

to the exporter. Therefore, the Court

ruled the Harbor Maintenance Fee does

not qualify as a permissible user fee for

exporters and is in violation of the

Export Clause of the Constitution. By a

notice published in the Federal Register

(63 FR 24209) on May 1, 1998, Customs

announced that as of April 25, 1998, it

will no longer be collecting the Harbor

Maintenance Fee for cargo loaded on

board a vessel for export.

This document amends § 24.24 of the

Customs Regulations (19 CFR 24.24) to

make the regulation consistent with the

Supreme Court decision; the document

amends the regulation by removing the

requirement that an exporter of cargo is

liable for the payment of the Harbor

Maintenance Fee when cargo is loaded

for export at a port subject to the Harbor

Maintenance Fee.

Inapplicability of Notice and Delayed

Effective Date

Because the amendment to the

Customs Regulations contained in this

document removing exporters from

having to pay the Harbor Maintenance

Fee is being made in response to a

Supreme Court decision, pursuant to

section 553(a)(1) of the Administrative

Procedure Act (5 U.S.C. 553(a)(1)), no

notice of proposed rulemaking or public

procedure is necessary. For the same

reason, a delayed effective date is not

required pursuant to 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

Because no notice of proposed

rulemaking is required, the provisions

of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) do not apply.

Accordingly, this final rule is not

subject to the regulatory analysis or

other requirements of 5 U.S.C. 603 and

604.

Executive Order 12866

This amendment does not meet the

criteria of a ‘‘significant regulatory

action’’ as described in E.O. 12866.

Drafting Information

The principal author of this document

was Keith B. Rudich, Esq., 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 24

Accounting, Canada, Claims, Customs

duties and inspections, Fees, Financial

and accounting procedures, Foreign

trade statistics, Harbors, Imports,

Reporting and recordkeeping

requirements, Taxes, Trade Agreements,

U.S.-Canada Free-Trade Agreement,

User fees, Wages.

Amendment to the Regulations

Accordingly, § 24.24 of the Customs

Regulations (19 CFR 24.24) is amended

as follows:

PART 24—CUSTOMS FINANCIAL AND

ACCOUNTING PROCEDURES

1. The general authority for part 24,

Customs Regulations (19 CFR Part 24)

and the specific relevant authority

citation for § 24.24 Customs Regulations

(19 CFR 24.24), continue to read as

follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 58a–58c,

66, 1202 (General Note 20, Harmonized Tariff

Schedule of the United States (HTSUS)),

1450, 1624; 31 U.S.C. 9701.

* * * * *

Section 24.24 also issued under 19 U.S.C.

4461, 4462;

* * * * *

§ 24.24 [Amended]

2. Section 24.24 is amended by

removing paragraph (d)(3)(ii) and

redesignating paragraph (d)(3)(iii) as

(d)(3)(ii); by removing paragraph (e)(2)

and redesignating paragraphs (e)(3), (4)

and (5) as paragraphs (e)(2), (3), and (4)

respectively; by removing the word

‘‘exporter,’’ in paragraph (g); by

removing the word ‘‘exporter,’’ in

paragraph (h)(1); and by removing the

words ’’, exporting’’ and ‘‘the SED,’’ in

paragraph (i).

William F. Riley,

Acting Commissioner of Customs.

Approved: July 8, 1998.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 98–20456 Filed 7–30–98; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 101

[T.D. 98–65]

Geographical Description of Kodiak,

Alaska Customs Port of Entry

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: Customs published in the

Federal Register of March 17, 1998, a

final rule establishing a Customs port of

entry at Kodiak, Alaska. This document

corrects the geographical description of

the port limits of Kodiak to include the

Womens Bay port facilities and Kodiak

State Airport as well as the city limits

of Kodiak.

EFFECTIVE DATE: July 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Harry Denning, Office of Field

Operations, 202–927–0196.

SUPPLEMENTARY INFORMATION:

Background

Section 123 of the Treasury and

General Appropriations Act, 1998 (Pub.

L. 105–61 of October 10, 1997) provides

that the Secretary of the Treasury shall

establish the port of Kodiak, Alaska, as

a port of entry. In a document published

as T. D. 98–24 in the Federal Register

(63 FR 12994) on March 17, 1998,

Customs amended its regulations to

designate Kodiak as a port of entry. That

document described the port limits of

Kodiak as the Kodiak city limits. Since

that publication, it has come to Customs

attention that the port limits of Kodiak

encompass more than the city limits.

The port limits encompass both the

Womens Bay port facilities and the

Kodiak State Airport. This document

sets forth the accurate port limits of

Kodiak, Alaska.

Port Limits

The port limits of Kodiak, Alaska are

the Kodiak city limits; the adjacent

Womens Bay port facilities located

approximately 7 miles from downtown

Kodiak on Rezanof Drive West which is

a state highway; and the Kodiak State

Airport located approximately 4.5 miles

from downtown Kodiak and 3 miles

from the south boundary of the City of

Kodiak corporate boundary on the

Rezanof Drive West which is a state

highway. The Womens Bay port

facilities parcel is 5 miles from the

south boundary of the corporate city

limits of the City of Kodiak. The site

includes tidelands and the adjacent