Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21779

Regulations Branch, 1099 14th Street

NW., Suite 4000, Washington, DC.

Regulatory Flexibility Act

Because the proposed regulations

closely follow legislative requirements,

pursuant to the provisions of the

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

et seq.), it is certified that the proposed

regulations, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

Accordingly, it 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 for a ‘‘significant regulatory

action’’ as specified in E.O. 12866.

Drafting Information

The principal author of this document

was Peter T. Lynch, 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 162

Customs duties and inspection, Law

enforcement, Seizures and forfeitures.

Proposed Amendment

It is proposed to amend Part 162,

Customs Regulations (19 CFR part 162)

as set forth below:

PART 162—RECORDKEEPING,

INSPECTION, SEARCH, AND SEIZURE

1. The authority citation for part 162

would be revised in part to read as

follows:

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

1624.

* * * * *

Section 162.23 also issued under 19 U.S.C.

1595a(c).

* * * * *

2. In part 162, a new § 162.23 is added

to read as follows:

§ 162.23 Seizure under section 596(c),

Tariff Act of 1930, as amended (19 U.S.C.

1595a(c)).

(a) Mandatory seizures. The

following, if introduced or attempted to

be introduced into the United States

contrary to law, shall be seized pursuant

to section 596(c), Tariff Act of 1930, as

amended (19 U.S.C. 1595a(c)):

(1) Merchandise that is stolen,

smuggled, or clandestinely imported or

introduced;

(2) A controlled substance, as defined

in the Controlled Substance Act (21

U.S.C. 801 et seq.), not imported in

accordance with law; or

(3) A contraband article, as defined in

section 1 of the Act of August 9, 1939

(49 U.S.C. App. 781).

(b) Permissive seizures. The following,

if introduced or attempted to be

introduced into the United States

contrary to law, may be seized pursuant

to section 596(c), Tariff Act of 1930, as

amended (19 U.S.C. 1595a(c)):

(1) Merchandise, the importation or

entry of which is subject to any

restriction or prohibition imposed by

law relating to health, safety, or

conservation, and which is not in

compliance with the applicable rule,

regulation or statute;

(2) Merchandise the importation or

entry of which requires a license, permit

or other authorization of a United States

Government agency, and which is not

accompanied by such license, permit or

authorization;

(3) Merchandise or packaging in

which copyright, trademark or trade

name protection violations are involved

(including, but not limited to, a

violation of sections 42, 43 or 45 of the

Act of July 5, 1946 (15 U.S.C. 1124, 1125

or 1127), sections 506 or 509 of title 17,

United States Code, or sections 2318 or

2320 of title 18, United States Code);

(4) Trade dress merchandise involved

in the violation of a court order citing

section 43 of the Act of July 5, 1946 (15

U.S.C. 1125);

(5) Merchandise marked intentionally

in violation of 19 U.S.C. 1304;

(6) Merchandise for which the

importer has received written notices

that previous importations of identical

merchandise from the same supplier

were found to have been in violation of

19 U.S.C. 1304; or

(7) Merchandise subject to

quantitative restrictions, found to bear a

counterfeit visa, permit, license, or

similar document, or stamp from the

United States or from a foreign

government or issuing authority

pursuant to a multilateral or bilateral

agreement (but see paragraph (e), of this

section).

(c) Resolution of seizure under section

1595a(c). When merchandise is either

required or authorized to be seized

under this section, the forfeiture

incurred may be remitted in accord with

19 U.S.C. 1618, to include as a possible

option the exportation of the

merchandise under such conditions as

Customs shall impose, unless its release

would adversely affect health, safety, or

conservation, or be in contravention of

a bilateral or multilateral agreement or

treaty.

(d) Seizure under 19 U.S.C. 1592. If

merchandise is imported, introduced or

attempted to be introduced contrary to

a provision of law governing its

classification or value, and there is no

issue of admissibility, such merchandise

shall not be seized pursuant to 19 U.S.C.

1595a(c). Any seizure of such

merchandise shall be in accordance

with section 1592 (see § 162.75).

(e) Detention only. Merchandise

subject to quantitative restrictions

requiring a visa, permit, license, or other

similar document, or stamp from the

United States Government or from a

foreign government or issuing authority

pursuant to a bilateral or multilateral

agreement, shall be subject to detention

in accordance with 19 U.S.C. 1499,

unless the appropriate visa, permit,

license, or similar document, or stamp

is presented to Customs (but see

paragraph (b)(7) of this section for

instances when seizure may occur).

Michael H. Lane,

Acting Commissioner of Customs.

Approved: April 5, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 95–10855 Filed 5–2–95; 8:45 am]

BILLING CODE 4820–02–P

Internal Revenue Service

26 CFR Part 1

[FI–42–94]

RIN 1545–AS85

Mark to Market for Dealers in

Securities; Hearing Cancellation

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed regulations.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations relating

to the mark-to-market method of

accounting for securities that is required

to be used by a dealer in securities.

DATES: The public hearing originally

scheduled for Wednesday, May 3, 1995,

beginning at 10:00 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT :

Mike Slaughter of the Regulations Unit,

Assistant Chief Counsel (Corporate),

(202) 622–7190, (not a toll-free number).

SUPPLEMENTARY INFORMATION: The

subject of the public hearing is proposed

regulations under section 475 of the

Internal Revenue Code. A notice of

proposed rulemaking and notice of

public hearing appearing in the Federal

Register for Wednesday, January 4, 1995

(60 FR 397), announced that the public

hearing on proposed regulations under

section 475 of the Internal Revenue

Code would be held on Wednesday,
21780 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

May 3, 1995, beginning at 10 a.m., in the

IRS Auditorium Internal Revenue

Building, 1111 Constitution Avenue,

NW., Washington, D.C.

The public hearing scheduled for

Wednesday, May 3, 1995, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 95–10798 Filed 4–27–95; 5:07 pm]

BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL107–1–6708b; FRL–5190–5]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The United States

Environmental Protection Agency

(USEPA) proposes to approve Illinois’s

September 26, 1994, State

Implementation Plan (SIP) revision

request to grant a variance from Stage II

vapor control requirements to J.M.

Sweeney Co. (Sweeney), located in

Cicero, Cook County, Illinois. This

variance has been granted because

Sweeney has demonstrated that

immediate compliance with the

requirements at issue would impose an

arbitrary and unreasonable hardship.

This variance expires on March 31,

1995. In the final rules section of this

Federal Register, the USEPA is

approving this action as a direct final

rule without prior proposal because

USEPA views this as a noncontroversial

action and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If USEPA receives comments

adverse to or critical of the approval

discussed above, USEPA will withdraw

the approval before its effective date by

publishing a subsequent rule that

withdraws this final action. All public

comments received will then be

addressed in a subsequent rulemaking

notice. Please be aware that USEPA will

institute another rulemaking notice on

this action only if warranted by

significant revision to the rulemaking

based on any comments receives in

response to today’s action. Any parties

interested in commenting on this action

should do so at this time.

DATES: Comments on this proposed rule

must be received on or before June 2,

1995. If no such comments are received,

USEPA hereby advises that the direct

final approval will be effective July 3,

1995.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section,

Regulation Development Branch (AR18–

J), U.S. Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Regulation Development

Branch (AR18–J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Regulation

Development Section, Regulation

Development Branch (AR18–J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886–6082.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: March 29, 1995.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 95–10820 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[DE–16–1–5887b, DE20–1–6548b; FRL5180–6]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware: Regulation 24, Control of

Volatile Organic Compound Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revision submitted by the State of

Delaware on January 11, 1993 and

January 20, 1994. The revision consists

of Sections 1 to 9, 13 to 35, 37 to 43 and

Appendices A to H to Regulation 24—

‘‘Control of Volatile Organic Compound

Emissions’’. These regulations are

necessary to satisfy the Clean Air Act

(CAA) and to support attainment and

maintenance of the National Ambient

Air Quality Standard (NAAQS) for

ozone in Delaware. In the final rules

section of this Federal Register, EPA is

approving the State’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial SIP revision and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments must be submitted in

writing by June 2, 1995.

ADDRESSES: Comments may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the EPA office listed above; and

the Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 597–3164, at the EPA

Region III address above.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title (Regulation 24,

Control of Volatile Organic Compound

Emissions) which is located in the Rules

and Regulations Section of this Federal

Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: January 27, 1995.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 95–10818 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IN44–1–6538b; FRL–5190–7]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The United States

Environmental Protection Agency