19834 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations

7 Instruction Manual for Electronic Filing of the

Index of Customers at 3, and Instruction Manual for

Electronic Filing of the Discount Transportation

Rate Report at 3.

8Paperwork Reduction Act of 1995, 44 U.S.C.

§§ 3501–3520; to be codified at 5 CFR Part 1320.

9Paperwork Reduction Act of 1980, Pub. L. 96–

511, 94 Stat. 2826, amended 1986, formerly codified

at 44 U.S.C. Chapter 35. These former regulations

are contained in the 1995 and earlier versions of 5

CFR Part 1320.

10To be codified at 5 CFR 1320.3(f)(1).

11To be codified at 5 CFR 1320.3(f)(2).

12 Instruction Manual for Electronic Filing of the

Index of Customers at 2.

13See 75 FERC ¶ 61,009 (1996), where the

Commission authorized staff to issue further

electronic and paper filing specifications related to

the forms modified by Order Nos. 581 and 582.

are valid OMB control numbers, and

that no other OMB numbers are needed,

in light of the boilerplate language

contained in the General Information

sections of the Appendices. Specifically,

the language states that ‘‘You [referring

to the respondent] shall not be

penalized for failure to respond to this

collection of information unless the

collection of information displays a

valid OMB control number.’’ 7 The

Registry is concerned that if another

number is needed, but not provided,

then pipelines will not be required to

comply with the new requirements.

Collections of information by federal

government agencies are subject to the

recently enacted Paperwork Reduction

Act of 1995.8 The Paperwork Reduction

Act of 1995 revises the Paperwork

Reduction Act of 1980.9 The original act

required that a data collection form

display a valid OMB control number. In

addition to this requirement, the new

act requires that the OMB control

number be displayed on the front page

of the form.10 Further, under the new

rules, where the collection is

accomplished through electronic

formats, the control number must be

placed near the title.11 In compliance

with these directives, the Index of

Customers instructions and discount

rate report instructions display a valid

OMB control number on the front page

immediately below the title. The OMB

control number displayed below the

title is valid, and is displayed according

to applicable law. Further, no other

OMB numbers are needed.

Third, the Registry suggests that in the

Index of Customers instructions,

‘‘General Information,’’ more detailed

language be used in the ‘‘Purpose’’

section. Specifically, the Registry

proposes that the sentence, ‘‘[t]he

instructions herein will provide the

format for the electronic dissemination

of the data on the respondent’s EBB,

* * *’’ be clarified to indicate that the

dissemination of the data is by means of

a downloadable file in the tab-delimited

format, through the respondent’s EBB.

The ‘‘Purpose’’ section of the Index of

Customers instructions reads in its

entirety:

This data submission is required under 18

CFR § 284.106(c) and § 284.223(b), which

state that each calendar quarter an interstate

pipeline must file with the Commission an

index of all of its firm transportation and

storage customers under contract as of the

first day of the calendar quarter. The pipeline

must also post an electronic format of this

information on its electronic bulletin board

(EBB). The instructions herein will provide

the format for the electronic dissemination of

the data on the respondent’s EBB, as well as

the electronic file submitted to the

Commission.12

The ‘‘Purpose’’ section states

explicitly that the Index of Customers

instructions apply to the file to be

posted on the pipeline’s EBB. Since the

body of the instructions make very clear

that a tab-delimited file format is to be

used, there is no reason to add to the

‘‘Purpose’’ section the reference to the

tab format that the Registry seeks.

However, there is nothing in the

purpose section or the body of

instructions that indicates that the file is

to be downloadable, as required by the

regulations referenced in the ‘‘Purpose’’

section, sections 284.106(c) and

284.223(b). To be aware of this fact, the

reader would have to refer to the

regulations themselves. To ensure that

there is no confusion, the ‘‘Purpose’’

section should be clarified to include

the fact that the file must be

downloadable from the pipeline’s EBB.

Therefore, the last sentence of the

‘‘Purpose’’ section will be changed to

read: ‘‘The instructions herein will

provide the format for the electronic

dissemination of the data on the

respondent’s EBB in a downloadable

file, as well as for the electronic file

submitted to the Commission.’’

Finally, because the Index of

Customers instructions and discount

rate report instructions, which are

Appendices A and B, respectively, to

the order, each have three

subappendices that are also entitled

‘‘Appendices’’ A, B, and C, the Registry

suggests that the subappendices be

retitled to something other than

‘‘appendices’’ to prevent confusion.

While the subappendices to the

instruction manuals have titles that are

the same as the titles of the appendices

to the order, we do not anticipate that

confusion will arise. The instruction

manuals are disseminated through the

Commission’s public reference division,

or from the bulletin board, as standalone documents. In other words, they

will no longer be entitled, ‘‘Appendix

A’’ and ‘‘Appendix B.’’ Thus, the only

appendices associated with these

electronic filing specifications will be

Appendices A, B, and C of each

instruction manual.

In addition to the above matters raised

by the Registry, the Commission’s staff

has identified other minor matters in the

Index of Customers instructions and

discount rate report instructions that

require clarification and/or

modifications. These additional

changes, and the changes discussed in

this order, will be incorporated in a

revised Index of Customers instruction

manual and discount rate report

instruction manual to be issued in the

near future by the staff.13

By the Commission.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 96–11049 Filed 5–02–96; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 10

[T.D. 96–35]

RIN 1515–AB93

Suspension of United States-Canada

Free-Trade Agreement Implementing

Regulations

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations implementing the

duty preference provisions of the United

States-Canada Free-Trade Agreement

(CFTA) to reflect that operation of the

CFTA was suspended, by agreement of

the Governments of the United States

and Canada, as a result of the entry into

force of the North American Free Trade

Agreement (NAFTA) on January 1, 1994.

The CFTA implementing regulations in

question remain in effect only with

regard to merchandise imported from

Canada that was entered or withdrawn

from warehouse for consumption prior

to the entry into force of the NAFTA.

EFFECTIVE DATE: May 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Myles Harmon, Office of Regulations

and Rulings (202–482–7000).

SUPPLEMENTARY INFORMATION:

Background

On January 2, 1988, the United States

and Canada entered into the United
Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations 19835

States-Canada Free-Trade Agreement

(CFTA), the objectives of which

included the elimination of Customs

duties and other barriers to trade in

goods and services between the two

countries. The provisions of the CFTA

were adopted by the United States with

the enactment of the United StatesCanada Free-Trade Agreement

Implementation Act of 1988, Pub. L.

100–449, 102 Stat. 1851, and the CFTA

went into effect on January 1, 1989.

Regulations setting forth the basic legal

and procedural requirements for

obtaining preferential duty treatment on

imported merchandise under the CFTA

are contained in §§ 10.301 through

10.311 of the Customs Regulations (19

CFR 10.301 through 10.311).

On December 17, 1992, the United

States, Canada and Mexico entered into

the North American Free Trade

Agreement (NAFTA). As in the case of

the CFTA, the stated objectives of the

NAFTA include the elimination of

barriers to trade in goods and services

between the territories of the three

countries. The provisions of the NAFTA

were adopted by the United States with

the enactment of the North American

Free Trade Agreement Implementation

Act, Pub. L. 103–182, 107 Stat. 2057,

and the NAFTA went into effect on

January 1, 1994. Interim regulations

implementing the Customs-related

provisions of the NAFTA were

published in the Federal Register as

T.D. 94–1 on December 30, 1993 (58 FR

69460), and final NAFTA implementing

regulations were published as T.D. 95–

68 on September 6, 1995 (60 FR 46334);

the majority of those NAFTA

regulations are set forth in part 181 of

the Customs Regulations (19 CFR part

181).

In view of the similarity between the

objectives of the CFTA and those of the

NAFTA, the United States and Canada

recognized that, in principle, there

would be no need to continue the

operation of the CFTA upon accession

to, and entry into force of, the NAFTA.

Accordingly, by an exchange of letters

dated December 30, 1993, the

Governments of the United States and

Canada formally agreed, subject to

certain transitional arrangements not

involving preferential duty treatment, to

suspend the operation of the CFTA

upon the entry into force of the NAFTA,

with the suspension to remain in effect

for such time as the two Governments

are Parties to the NAFTA.

Customs believes that the present

CFTA implementing regulations are

unclear as regards their applicability

because they do not reflect the fact that

the operation of the CFTA has been

suspended as a result of the entry into

force of the NAFTA. On the other hand,

Customs notes that those regulations

must be retained because they continue

to have application to Customs

transactions involving merchandise

imported from Canada that was entered

or withdrawn from warehouse for

consumption during the period in

which the CFTA was in effect (that is,

from January 1, 1989, through December

31, 1993).

In order to address the considerations

mentioned above, this document revises

§ 10.301 (Scope) to include references

both to the suspension of the CFTA and

to the circumstances in which the CFTA

regulations continue to have

application.

Inapplicability of Public Notice and

Comment Procedures and Delayed

Effective Date Requirements

Pursuant to the provisions of 5 U.S.C.

553(a), public notice and comment

procedures are inapplicable to this final

rule because it is within the foreign

affairs function of the United States. In

addition, for the above reason and

because this regulatory amendment

involves no substantive change but

rather merely conforms the regulations

to present law, it is determined that

good cause exists under the provisions

of 5 U.S.C. 553(d)(3) for dispensing with

a 30-day delayed effective date.

Executive Order 12866

Because this document involves a

foreign affairs function it is not subject

to the provisions of E.O. 12866.

Regulatory Flexibility Act

Since the amendment 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.).

Drafting Information

The principal author of this document

was Francis W. Foote, 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 10

Alterations, Bonds, Customs duties

and inspection, Exports, Imports,

Preference programs, Repairs, Reporting

and recordkeeping requirements, Trade

agreements.

Amendment to the Regulations

For the reasons set out in the

preamble, part 10 of the Customs

Regulations (19 CFR part 10) is

amended as set forth below.

PART 10—ARTICLES CONDITIONALLY

FREE, SUBJECT TO A REDUCED

RATE, ETC.

1. The authority citation for part 10

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States), 1321, 1481, 1484, 1498, 1508,

1623, 1624, 3314;

* * * * *

2. Section 10.301 is revised to read as

follows:

§ 10.301 Scope and applicability.

The provisions of §§ 10.302 through

10.311 of this part relate to the

procedures for obtaining duty

preferences on imported goods under

the United States-Canada Free-Trade

Agreement (the Agreement) entered into

on January 2, 1988, and the United

States-Canada Free-Trade Agreement

Implementation Act of 1988 (102 Stat.

1851). The United States and Canada

agreed to suspend operation of the

Agreement with effect from January 1,

1994, to coincide with the entry into

force of the North American Free Trade

Agreement (see part 181 of this chapter)

and, accordingly, the provisions of

§§ 10.302 through 10.311 of this part

apply only to goods imported from

Canada that were entered for

consumption, or withdrawn from

warehouse for consumption, during the

period January 1, 1989, through

December 31, 1993. In situations

involving goods subject to bilateral

restrictions or prohibitions, or country

of origin marking, other criteria for

determining origin may be applicable

pursuant to Article 407 of the

Agreement.

Michael H. Lane,

Acting Commissioner of Customs.

Approved: March 29, 1996.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 96–11007 Filed 5–02–96; 8:45 am]

BILLING CODE 4820–02–P

19 CFR Part 103

[T.D. 96–36]

RIN 1515–AB58

Disclosure or Production of Customs

Information Pursuant to Legal Process

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations by adopting final

rules that clarify the procedures to be

followed when subpoenas or other

demands of courts and other authorities,