21776 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent the attach bolts on the nose

cowl of the engine from becoming loose, and

subsequent separation of the nose cowl from

the engine, accomplish the following:

(a) Within 12 months after the effective

date of this AD, replace the attaching

nutplates of the No. 1 and No. 3 engine nose

cowls with washers and self-locking nuts in

accordance with VALSAN B727–RE Service

Bulletin 71–006, Revision 1, dated March 3,

1995.

(b) As of the effective date of this AD, no

person shall install a nose cowl having part

number 259–0002–501 or 259–0002–503 on

any airplane.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on April 27,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–10829 Filed 5–2–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 94–ASO–20]

Proposed Alteration and

Establishment of VOR Federal

Airways; Florida

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

modify several existing airways and

establish a new Federal Airway V–601,

in the Miami, FL, area. This proposed

action is necessary because of the

decommissioning of the Miami, FL,

Very High Frequency Omnidirectional

Range and Tactical Air Navigation

(VORTAC) and the commissioning of

the Dolphin, FL, VORTAC.

DATES: Comments must be received on

or before June 16, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, ASO–500, Docket No.

94–ASO–20, Federal Aviation

Administration, P.O. Box 20636,

Atlanta, GA 30320.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, 800 Independence

Avenue SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT:

Patricia P. Crawford, Airspace and

Obstruction Evaluation Branch (ATP–

240), Airspace-Rules and Aeronautical

Information Division, Air Traffic Rules

and Procedures Service, Federal

Aviation Administration, 800

Independence Avenue SW.,

Washington, DC 20591; telephone: (202)

267–9255.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 94–

ASO–20.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–220, 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3485.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

establish Federal Airway V–601 and to

modify various Federal airways in the

Miami, FL, area. Establishing this

airway and amending the existing

airways are necessary because of the

commissioning of a new navigational

aid, Dolphin VORTAC, to replace the

Miami VORTAC. The Dolphin VORTAC

will serve the south Florida area once

the Miami VORTAC has been

decommissioned. Domestic VOR

Federal airways are published in

paragraph 6010(a) of FAA Order

7400.9B dated July 18, 1994, and

effective September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Domestic VOR Federal

airways listed in this document would

be published subsequently in the Order.

The FAA has determined that this

proposed 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.
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21777

Since this is a routine matter that will

only affect air traffic procedures and air

navigation, it is certified that this rule,

when promulgated, will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

ICAO Considerations

As part of this proposal relates to

navigable airspace outside the United

States, this notice is submitted in

accordance with the International Civil

Aviation Organization (ICAO)

International Standards and

Recommended Practices.

Applicability of International

Standards and Recommended Practices

by the Air Traffic Rules and Procedures

Service, FAA, in areas outside domestic

airspace of the United States is governed

by Article 12 of, and Annex 11 to, the

Convention on International Civil

Aviation, which pertains to the

establishment of air navigational

facilities and services necessary to

promote the safe, orderly, and

expeditious flow of civil air traffic.

Their purpose is to ensure that civil

aircraft operations on international air

routes is carried out under uniform

conditions designed to improve the

safety and efficiency of air operations.

The International Standards and

Recommended Practices in Annex 11

apply in those parts of the airspace

under the jurisdiction of a contracting

state, derived from ICAO, wherein air

traffic services are provided and also

whenever a contracting state accepts the

responsibility of providing air traffic

services over high seas or in airspace of

undetermined sovereignty. A

contracting state accepting such

responsibility may apply the

International Standards and

Recommended Practices in a manner

consistent with that adopted for

airspace under its domestic jurisdiction.

In accordance with Article 3 of the

Convention on International Civil

Aviation, Chicago, 1944, state aircraft

are exempt from the provisions of

Annex 11 and its Standards and

Recommended Practices. As a

contracting state, the United States

agreed by Article 3(d) that its state

aircraft will be operated in international

airspace with due regard for the safety

of civil aircraft.

Since this action involves, in part, the

designation of navigable airspace

outside the United States, the

Administrator is consulting with the

Secretary of State and the Secretary of

Defense in accordance with the

provisions of Executive Order 10854.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp.; p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6010(a) Domestic VOR Federal

Airways

* * * * *

V–3 (Revised)

From Key West, FL; INT Key West 083°

and Dolphin, FL, 191°T(195°M) radials;

Dolphin; Ft. Lauderdale, FL; Palm Beach, FL;

Vero Beach, FL; Melbourne, FL; Ormond

Beach, FL; Brunswick, GA; Savannah, GA;

Vance, SC; Florence, SC; Sandhills, NC;

Raleigh-Durham, NC; INT Raleigh-Durham

016° and Flat Rock, VA, 214° radials; Flat

Rock; Gordonsville, VA; INT Gordonsville

331° and Martinsburg, WV, 216° radials;

Martinsburg; Westminster, MD; INT

Westminster 048° and Modena, PA, 258°

radials; Modena; Solberg, NJ; INT Solberg

044° and Carmel, NY, 243° radials; Carmel;

Hartford, CT; INT Hartford 084° and Boston,

MA, 224° radials; Boston; INT Boston 014°

and Pease, NH, 185° radials; Pease; INT Pease

004° and Augusta, ME, 233° radials; Augusta;

Bangor, ME; INT Bangor 039° and Houlton,

ME, 203° radials; Houlton; Presque Isle, ME;

to PQ, Canada. The airspace within R–2916,

R–2934, R–2935 and within Canada is

excluded.

* * * * *

V–7 (Revised)

From Dolphin, FL; INT Dolphin

293°T(297°M) and Lee County, FL, 120°

radials; Lee County; Lakeland, FL; Cross City,

FL; Tallahassee, FL; Wiregrass, AL; INT

Wiregrass 333° and Montgomery, AL, 129°

radials; Montgomery; Vulcan, AL; Muscle

Shoals, AL; Graham, TN; Central City, KY;

Pocket City, IN; INT Pocket City 016° and

Terre Haute, IN, 191° radials; Terre Haute;

Boiler, IN; Chicago Heights, IL; INT Chicago

Heights 358° and Falls, WI, 170° radials;

Falls; Green Bay, WI; Menominee, MI;

Marquette, MI. The airspace below 2,000 feet

MSL outside the United States is excluded.

The portion outside the United States has no

upper limit.

* * * * *

V–35 (Revised)

From Dolphin, FL; INT Dolphin

267°T(271°M) and Cypress, FL,

110°T(110°M) radials; INT Cypress 110° and

Lee County, FL, 139° radials; Lee County;

INT Lee County 326° and St. Petersburg, FL,

152° radials; St. Petersburg; INT St.

Petersburg 350° and Cross City, FL, 168°

radials; Cross City, FL; Greenville, FL; Pecan,

GA; Macon, GA; INT Macon 005° and

Athens, GA, 195° radials; Athens; Electric

City, SC; Sugarloaf Mountain, NC; Holston

Mountain, TN; Glade Spring, VA; Charleston,

WV; INT Charleston 051° and Elkins, WV,

264° radials; Clarksburg, WV; Morgantown,

WV; Indian Head, PA; Johnstown, PA;

Tyrone, PA; Philipsburg, PA; Stonyfork, PA;

Elmira, NY; Syracuse, NY. The airspace

below 2,000 feet MSL outside the United

States is excluded. The portion outside the

United States has no upper limit. The

airspace within R–2916 is excluded.

* * * * *

V–97 (Revised)

From Dolphin, FL; La Belle, FL; St.

Petersburg, FL; Tallahassee, FL; Pecan, GA;

Atlanta, GA; INT Atlanta 001° and Volunteer,

TN, 197° radials; Volunteer; London, KY;

Lexington, KY; Cincinnati, OH; Shelbyville,

IN, INT Shelbyville 313° and Boiler, IN, 136°

radials; Boiler; Chicago Heights, IL; to INT

Chicago Heights 358° and Chicago O’Hare, IL,

127° radials. From INT Northbrook, IL, 290°

and Janesville, WI, 112° radials; Janesville;

Lone Rock, WI; Nodine, MN; to Gopher, MN.

The airspace below 2,000 feet MSL outside

the United States is excluded.

* * * * *

V–157 (Revised)

From Key West, FL; INT Key West

038°T(037°M) and Dolphin, FL,

244°T(248°M) radials; Dolphin; INT Dolphin

331°T(335°M) and La Belle, FL, 113°T

radials; La Belle; Lakeland, FL; Ocala, FL;

Gainesville, FL; Taylor, FL; Waycross, GA;

Alma, GA; Allendale, SC; Vance, SC;

Florence, SC; Fayetteville, NC; Kinston, NC;

Tar River, NC; Lawrenceville, VA; Richmond,

VA; INT Richmond 039° and Patuxent, MD,

228° radials; Patuxent; Smyrna, DE;

Woodstown, NJ; Robbinsville, NJ; INT

Robbinsville 044° and LaGuardia, NY, 213°

radials; LaGuardia; INT LaGuardia 032° and

Deer Park, NY, 326° radials; INT Deer Park

326° and Kingston, NY, 191° radials;

Kingston, NY; to Albany, NY. The airspace

within R–2901A and R–6602A is excluded.

The airspace at and above 7,000 feet MSL

which lies within the Lake Placid MOA is

excluded during the time the Lake Placid

MOA is activated. The airspace within R–

4005 and R–4006 is excluded.

* * * * *

V–267 (Revised)

From Dolphin, FL; INT Dolphin

354°T(358°M) and Pahokee, FL, 157° radials;

Pahokee; Orlando, FL; Craig, FL; Dublin, GA;
21778 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

Athens, GA; INT Athens 340° and Harris, GA,

148° radials; Harris; Volunteer, TN.

* * * * *

V–437 (Revised)

From Dolphin, FL; INT Dolphin

354°T(358°M) and Pahokee, FL, 157° radials;

Pahokee; Melbourne, FL; INT Melbourne

322° and Ormond Beach, FL, 211° radials;

Ormond Beach; Savannah, GA; Charleston,

SC; Florence, SC. The airspace within R–

2935 is excluded.

* * * * *

V–511 (Revised)

From Lakeland, FL; INT Lakeland 140° and

Dolphin, FL, 331°T(335°M) radials; Dolphin.

* * * * *

V–521 (Revised)

From Dolphin, FL; INT Dolphin

318°T(322°M) and Lee County, FL, 099°

radials; Lee County; INT Lee County 014°

and Lakeland, FL, 154° radials; Lakeland;

Cross City, FL; INT Cross City 287° and

Marianna, FL, 141° radials; Marianna;

Wiregrass, AL; INT Wiregrass 333° and

Montgomery, AL, 129° radials; Montgomery;

INT Montgomery 357° and Vulcan, AL, 139°

radials; Vulcan.

* * * * *

V–599 (Revised)

From Lee County, FL; INT Lee County

083°T(085°M) and Dolphin, FL,

331°T(335°M) radials; Dolphin.

* * * * *

V–601 (New)

From Pahokee, FL; INT Pahokee

212°T(212°M) and Marathon, FL;

354°T(357°M) radials; Marathon.

* * * * *

Issued in Washington, DC, on April 24,

1995.

Harold W. Becker,

Manager, Airspace-Rules and Aeronautical

Information Division.

[FR Doc. 95–10775 Filed 5–2–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 162

RIN 1515–AB62

Seizure of Merchandise

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: In this document, Customs is

proposing to amend its regulations in

response to enactment of the Customs

Modernization Act (‘‘The Mod Act’’).

Among its other provisions, the Mod

Act amended Section 596(c) of the Tariff

Act of 1930 (19 U.S.C. 1595a(c)) to

clarify and codify Customs authority to

seize and forfeit merchandise

introduced or attempted to be

introduced into the United States

contrary to law. The Mod Act

distinguishes between circumstances

under which seizure of such

merchandise is mandatory and those in

which it is permissive. The proposed

amendment follows the legislation and

specifies the circumstances under

which the mandatory and permissive

seizures may take place. The proposed

amendment also contains provisions for

the detention of merchandise and the

remission of articles subject to seizure

and forfeiture.

DATES: Comments must be received on

or before July 3, 1995.

ADDRESSES: Comments (preferably in

triplicate) may be submitted to the

Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, Franklin Court, 1301

Constitution Avenue, NW., Washington,

DC 20229, and may be inspected at

Franklin Court, 1099 14th Street NW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Todd Schneider, Penalties Branch (202)

482–6950.

SUPPLEMENTARY INFORMATION:

Background

On December 8, 1993, the President

signed the North American Free Trade

Agreement Implementation Act (Pub. L.

103–182). The Customs Modernization

portion of this Act (Title VI), popularly

known as the Customs Modernization

Act, or ‘‘the Mod Act’’ became effective

when it was signed. Section 624 of Title

VI amended section 596(c) of the Tariff

Act of 1930 (19 U.S.C. 1595a(c)) to

codify and clarify the circumstances

under which merchandise may be

seized and forfeited by Customs.

Customs is now proposing to amend its

regulations so that they will conform to

the amended statute.

The Mod Act amendments to section

1595a(c) provide that merchandise

which is introduced or attempted to be

introduced into the United States

contrary to law shall be treated in two

different manners depending upon the

circumstances of the introduction or

attempted introduction. In instances

where the merchandise is stolen,

smuggled, or clandestinely imported or

introduced or is a controlled substance

or contraband article, seizure is

mandatory.

Paragraph (a) of the proposed

amendment addresses conditions where

seizure is mandatory.

Paragraph (b) of the proposed

amendment covers those situations in

which seizure is permissive. Seizure is

permissive in instances where the

merchandise is subject to health, safety

or conservation restrictions which have

not been complied with; when licenses,

permits or other authorizations of a U.S.

Government agency are required but do

not accompany the merchandise; when

copyright, trademark, or trade name

violations are involved; when trade

dress merchandise involved is in

violation of a court order citing section

43 of the Act of July 5, 1946 (15 U.S.C.

1125); and when the merchandise is

marked intentionally in violation of

section 304, Tariff Act of 1930 (19

U.S.C. 1304). The legislation also

provides that merchandise may be

seized if it is merchandise for which the

importer has received written notices

that previous importations of identical

merchandise from the same supplier

were found to have been marked in

violation of section 304, Tariff Act of

1930 (19 U.S.C. 1304).

Paragraph (c) of the proposed

amendment provides instructions on

procedures which Customs will follow

in resolving questions which result from

seizures which have been made under

section 1595a(c).

Paragraph (d) of the proposed

amendment contains language

specifying that merchandise which is

misclassified or incorrectly valued,

where there is no issue of admissibility,

will be subject to seizure only under

section 1592.

The Mod Act also provides that

merchandise which is subject to

quantitative restrictions requiring a visa,

permit, license or other similar

document from the United States

Government or a foreign government or

issuing authority pursuant to a bilateral

or multilateral agreement shall be

subject to detention until the

appropriate visa, license, permit or

similar document or stamp is presented

to Customs. However, if the visa,

license, permit, or similar document or

stamp is counterfeit as presented, the

merchandise may be seized. This

provision is contained in paragraph (e)

of the proposed amendment.

Comments

Before adopting the proposed

amendment, consideration will be given

to any written comments timely

submitted to Customs. Comments

submitted will be available for public

inspection in accordance with the

Freedom of Information Act (5 U.S.C.

552), § 1.4, Treasury Regulations (31

CFR 1.4), and § 103.11(b), Customs

Regulations (19 CFR 103.11(b)), on

regular business days between the hours

of 9 a.m. and 4:30 p.m. at the