Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations 19841

(d) Conditions for authorization of

disclosure. The Chief Counsel, subject to

the terms of paragraph (e) of this

section, may authorize the disclosure of

Customs documents or the appearance

and testimony of a Customs employee if:

(1) Production of the demanded

documents or testimony, in the

judgment of the Chief Counsel, are

appropriate under the factors specified

in § 103.23(a) of this subpart; and

(2) None of the factors specified in

§ 103.23(b) of this subpart exist with

respect to the demanded documents or

testimony.

(e) Limitations on the scope of

authorized disclosure.

(1) The Chief Counsel shall authorize

the disclosure of Customs information

by a Customs employee without further

authorization from Customs officials

whenever possible, provided that:

(i) If necessary, Counsel has consulted

with the originating component

regarding disclosure of the information

demanded;

(ii) There is no objection from the

originating component to the disclosure

of the information demanded; and

(iii) Counsel has sought to limit the

demand for information to that which

would be consistent with the factors

specified in § 103.23 of this part.

(2) In the case of an objection by the

originating component, the Chief

Counsel shall make the disclosure

determination.

William F. Riley,

Acting Commissioner of Customs.

Approved: December 14, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 96–11006 Filed 5–2–96; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF STATE

Bureau of Political-Military Affairs

22 CFR Part 126

[Public Notice 2346]

Amendment to the List of Proscribed

Destinations

AGENCY: Department of State.

ACTION: Final rule.

SUMMARY: The Department of State is

amending the International Traffic in

Arms Regulations (ITAR) to reflect that

it is no longer the policy of the United

States to deny licenses, other approvals,

exports and imports of defense articles

and defense services, destined for or

originating in the Russian Federation.

All requests for approval involving

items covered by the U.S. Munitions

List will be reviewed on a case-by-case

basis.

EFFECTIVE DATE: April 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Gordon J. Stirling, Office of Arms Export

and Export Control Policy, Bureau of

Political-Military Affairs, Department of

State (202/647–0397).

SUPPLEMENTARY INFORMATION: In

connection with the President’s policy

that U.S. laws and regulations be

updated to reflect the end of the Cold

War, the Department of State is

amending the ITAR to reflect that it is

no longer the policy of the United

States, pursuant to § 126.1, to deny

licenses, other approvals, exports and

imports of defense articles and defense

services, destined for or originating in

the Russian Federation. Requests for

licenses or other approvals for Russia

involving items covered by the U.S.

Munitions List (22 CFR part 121) will no

longer be presumed to be disapproved.

This amendment to the ITAR involves

a foreign affairs function of the United

States and thus is excluded from the

major rule procedures of Executive

Order 12291 (46 FR 13193) and the

procedures of 5 U.S.C. 553 and 554.

This final rule does not contain a new

or amended information requirement

subject to the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.).

In accordance with 5 U.S.C. 808, as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996 (the

‘‘Act’’), the Department of State has

found for foreign policy reasons that

notice and public procedure under

section 251 of the Act is impracticable

and contrary to the public interest.

List of Subjects in 22 CFR Part 126

Arms and munitions, Exports.

Accordingly, under the authority of

Section 38 of the Arms Export Control

Act (22 U.S.C. 2778) and Executive

Order 11958, as amended, 22 CFR

subchapter M is amended as follows:

1. The authority citation for part 126

continues to read as follows:

Authority: Secs. 2, 38, 40, 42, and 71, Arms

Export Control Act, Pub. L. 90–629, 90 Stat.

744 (22 U.S.C. 2752, 2778, 2780, 2791, and

2797); E.O. 11958, 41 FR 4311; E.O. 11322,

32 FR 119; 22 U.S.C. 2658; 22 U.S.C. 287c;

E.O. 12918, 59 FR 28206.

§ 126.1 [Amended]

2. Section 126.1 is amended by

removing ‘‘Russia,’’ from paragraph (a).

Dated: April 23, 1996.

Lynn E. Davis,

Under Secretary of State for Arms Control

and International Security Affairs.

[FR Doc. 96–11090 Filed 5–2–96; 8:45 am]

BILLING CODE 4710–25–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 96–

007]

RIN 2115–AA97

Safety Zone; Dana Point, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

the navigable waters of the United

States offshore from Capistrano Beach to

San Mateo Point, California in the

vicinity of the 3rd Annual Dana Point

Challenge (offshore powerboat race) on

May 19, 1996. The safety zone

boundaries are as follows: commencing

at latitude 33°26.0′ N, 117°42.0′ W;

thence to 33°27.0′ N, 117°41.3′ W;

thence 33°24.0′ N, 117°37.0′ W; thence

to 33°23.2′ N, 117°38.0′ W; thence

returning to the point of beginning. This

safety zone is necessary to ensure the

safety of contestant and spectator

vessels involved with the 3rd Annual

Dana Point Challenge. Entry into this

zone is prohibited unless authorized by

the Captain of the Port.

EFFECTIVE DATE: This safety zone is in

effect on May 19, 1996, from 10 a.m.

PDT until 4 p.m. PDT.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Mark T. Cunningham, Chief,

Port Safety and Security Division,

Marine Safety Office Los Angeles-Long

Beach, 165 N. Pico Avenue, Long Beach,

CA 90802; (310) 980–4454.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rule making was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publication of a notice of

proposed rulemaking and delay of its

effective date would be contrary to the

public interest since the details of the

safety zone boundaries and marine

event permit were not finalized until a

date fewer than 30 days prior to the

event date.
19842 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations

Discussion of Regulation

This regulation is necessary to ensure

the safety of contestant and spectator

vessels involved with the 3rd Annual

Dana Point Challenge powerboat race.

The planned course of the race is

approximately one mile offshore and

extends from Capistrano Beach to San

Mateo Point, California. Many spectator

vessels (estimated 500–600 in 1995)

have previously attended this event. In

past years, contestants (approximately

20–25) had to speed around spectator

vessels which had wandered into the

race lanes. By deterring the large

amount of expected spectator vessel

traffic from entering into the designated

race lanes, the risk of high speed

collisions can be greatly reduced from

that of previous Dana Point Challenges.

This safety zone will be enforced by

U.S. Coast Guard personnel. The Coast

Guard Auxiliary, the Dana Point Harbor

Patrol and the Dana Point Challenge

event staff will assist in the enforcement

of the safety zone. Persons and vessels

are prohibited from entering into,

transiting through, or anchoring within

the Safety Zone unless authorized by

the Captain of the Port of his designated

representative.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (44 FR 11040; February

26, 1979). The Coast Guard expects the

economic impact of this regulation to be

so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

the Department of Transportation is

unnecessary.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612, and has determined that this rule

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section 2.B.2.

of Commandant Instruction M16475.1B

it will have no significant

environmental impact and it is

categorically excluded from further

environmental documentation. An

environmental analysis checklist has

been completed and a Marine Event

permit has been issued.

List of Subject in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security Measures,

Waterways.

Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

1. The authority citation for 33 CFR

part 165 continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A new section 165.T11–057 is

added to read as follows:

§ 165.T1157 Safety Zone: Dana Point, CA

(a) Location. The following area

constitutes a safety zone on the

navigable waters in the vicinity of

Capistrano Beach and San Mateo Point,

California, specifically:

North-West corner: 33°26.0′ N, 117°42.0′ W;

North-East corner: 33°27.0′ N, 117°41.3′ W;

North-East corner: 33°24.0′ N, 117°37.0′ W;

North-West corner: 33°23.2′ N, 117°38.0′ W.

This area measures approximately five

nautical miles by one nautical mile. (Datum:

NAD 83)

(b) Effective Date. This safety zone is

effective at 10 A.M. PDT and terminates

at 2 P.M. PDT on May 19, 1996 unless

canceled earlier by the Captain of the

Port.

(c) Regulations. The general

regulations governing safety zones

contained in 33 CFR 165.23 apply. No

person or vessel may enter or remain

within the safety zone without the

permission of the Captain of the Port

Los Angeles-Long Beach, California or

his designated representative.

Dated: April 24, 1996.

E. E. Page,

Captain, U.S. Coast Guard, Captain of the

Port, Los Angeles-Long Beach, California.

[FR Doc. 96–10998 Filed 5–2–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[PP 6F3333 and FAP2H5640/R2234; FRL–

5365–6]

RIN 2070–AB78

Cyromazine; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final Rule.

SUMMARY: This rule establishes a

tolerance for combined residues of the

insecticide cyromazine (N-cyclopropyl1,3,5-triazine-2,4,6-triamine) and its

major metabolite melamine, 1,3,5-

triazine-2,4-6-triamine calculated as

cyromazine in or on the raw agricultural

commodity (RAC) tomato. The

regulation to establish a maximum

permissible level for residues of the

insecticide was requested in a petition

submitted by the CIBA-Geigy

Corporation, P.O. Box 18300,

Greensboro, NC 27419.

EFFECTIVE DATE: This regulation

becomes effective May 3, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 6F3333

and FAP2H5640/R2234], may be

submitted to: Hearing Clerk (1900),

Environmental Protection Agency, Rm.

M3708, 401 M St., SW., Washington, DC

20460. A copy of any objections and

hearing requests filed with the Hearing

Clerk should be identified by the

document control number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing requests

to Rm. 1132, CM#2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251. An electronic

copy of objections and hearing requests

filed with the Hearing Clerk may be

submitted to OPP by sending electronic

mail (e-mail) to: oppdocket@epamail.epa.gov.

Copies of electronic objections and

hearing requests must be submitted as

an ASCII file avoiding the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests must be identified by

the docket number [PP 6F3333 and