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
40824 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

uplands of Womens Bay and is

generally located in Section 21,

Township 28 South, Range 20 West,

Seward Meridian according to the USGS

1:63360 scale quadrangle maps of

Kodiak (C–2 and D–2) Alaska. The

Kodiak State Airport site includes the

developed and undeveloped lands and

is generally located within Section 15,

Township 28 South, Range 20 West,

Seward Meridian according to the USGS

1:63360 scale quadrangle map of Kodiak

(D–2) Alaska.

Inapplicability of Public Notice and

Comment and Delayed Effective Date

Because this document relates to

agency organization and management

and merely corrects the geographical

description of a port, the establishment

of which was directed by Congress, it is

not subject to the notice and public

procedure requirements of 5 U.S.C. 553.

For the same reasons, pursuant to 5

U.S.C. 553(d)(3), a delayed effective date

is not required.

Regulatory Flexibility Act

Because this document is not subject

to the notice and public procedure

requirements of 5 U.S.C. 553, it is not

subject to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

Executive Order 12866

Agency organization matters such as

this are exempt from consideration

under Executive Order 12866.

List of Subjects in Part 101

Customs duties and inspection,

Customs ports of entry, Exports, Foreign

trade, Harbors, Imports, Reporting and

recordkeeping requirements, Shipments,

Vessels.

Amendments to the Regulations

For the reasons set forth in the

preamble, Part 101 of the Customs

Regulations is amended as follows:

PART 101–GENERAL PROVISIONS

1. The general authority citation for

part 101 and the specific authority

citation for §§ 101.3 and 101.4 continue

to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,

1202 (General Note 20, Harmonized Tariff

Schedule of the United States), 1623, 1624.

* * * * *

Sections 101.3 and 101.4 also issued under

19 U.S.C. 1 and 58b;

* * * * *

§ 101.3 [Amended]

2. Section 101.3(b)(1) is amended by

removing the reference ‘‘T.D. 98–24’’ in

the ‘‘Limits of port’’ column adjacent to

the entry for ‘‘Kodiak’’ in the ‘‘Ports of

entry’’ column under Alaska and adding

in its place the reference ‘‘T.D. 98–65.’’

Dated: June 10, 1998.

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 98–20455 Filed 7–30–98; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

New Animal Drugs for Use in Animal

Feeds; Bacitracin Methylene

Disalicylate

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of a supplemental new animal

drug application (NADA) filed by

Alpharma Inc. The supplemental NADA

provides for using approved bacitracin

methylene disalicylate (BMD) Type A

medicated articles to make a Type C

medicated feed for replacement

chickens.

EFFECTIVE DATE: July 31, 1998.

FOR FURTHER INFORMATION CONTACT:

William T. Flynn, Center for Veterinary

Medicine (HFV–133), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–594–1652.

SUPPLEMENTARY INFORMATION: Alpharma

Inc., One Executive Dr., P.O. Box 1399,

Fort Lee, NJ 07024, filed supplemental

NADA 46–592 that provides for using

approved BMD (10, 25, 30, 40, 50, 60,

or 75 grams (g) per pound BMD) Type

A medicated articles to make Type C

medicated replacement chicken feed. A

Type C feed containing 50 g per ton (/

t) BMD is fed continuously as an aid in

the prevention of necrotic enteritis

caused or complicated by Clostridium

spp. or other organisms susceptible to

BMD. A Type C feed containing 100 to

200 g/t BMD is fed for 5 to 7 days, or

as long as clinical signs persist, as an

aid in the control of necrotic enteritis

caused or complicated by Clostridium

spp. or other organisms susceptible to

BMD. The supplemental NADA is

approved as of June 22, 1998, and the

regulations in 21 CFR 558.76(d)(1) are

amended in the table in items (vi) and

(ix) to add new entries to reflect the

approval. The basis for approval is

discussed in the freedom of information

summary.

In accordance with the freedom of

information provisions of 21 CFR part

20 and 514.11(e)(2)(ii), a summary of

safety and effectiveness data and

information submitted to support

approval of the application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 5630 Fishers Lane, rm.

1061, Rockville, MD 20852, between 9

a.m. and 4 p.m., Monday through

Friday.

FDA has determined under 21 CFR

25.33(a)(1) that these actions are of a

type that do not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

List of Subjects in 21 CFR Part 558

Animal drugs, Animal feeds.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 558 is amended as follows:

PART 558—NEW ANIMAL DRUGS FOR

USE IN ANIMAL FEEDS

1. The authority citation for 21 CFR

part 558 continues to read as follows:

Authority: 21 U.S.C. 360b, 371.

2. Section 558.76 is amended in

paragraph (d)(1) in the table in items (vi)

and (ix) by adding new entries to read

as follows:

§ 558.76 Bacitracin methylene disalicylate.

* * * * *

(d) * * *

(1) * * *