2412 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

service bulletin: Perform the measurement

within 8 days after the effective date of this

AD.

(2) For airplanes equipped with MLG

barrels applicable to Table No. 2 of the

service bulletin: Perform the measurement

within 3 months after the effective date of

this AD.

(b) If the gap measurement is less than 1

mm (0.04 in.): Accomplish either paragraph

(b)(1) or (b)(2) of this AD, as applicable.

(1) For airplanes equipped with MLG

barrels applicable to Table No. 1 of the

service bulletin: No further action is required

by this paragraph for those airplanes.

(2) For airplanes equipped with MLG

barrels applicable to Table No. 2 of the

service bulletin: Prior to further flight, coat

the MLG barrel and shock absorber

connecting rod nut with a rubber sealant in

accordance with Messier Bugatti Airbus

A310 Service Bulletin 470–32–726, Revision

2, dated February 8, 1994.

(c) If the gap is equal to or greater than 1

mm (0.04 in.): Accomplish paragraphs (c)(1),

(c)(2), and (c)(3) of this AD, as applicable, in

accordance with Messier Bugatti Airbus

A310 Service Bulletin 470–32–726, Revision

2, dated February 8, 1994.

(1) For all airplanes: Within 15 days after

accomplishing the measurement required by

paragraph (a) of this AD, perform a gap

recovery procedure in accordance with

paragraph 2.B.(5) of the Accomplishment

Instructions of the service bulletin.

(2) For airplanes equipped with MLG

barrels applicable to Table No. 2 of the

service bulletin: Prior to further flight after

accomplishing the gap recovery procedure

required by paragraph (c)(1) of this AD, coat

the MLG barrel and connecting rod nut with

a rubber sealant in accordance with the

service bulletin.

(3) For all airplanes: Within 15 days after

accomplishing the measurement required by

paragraph (a) of this AD, perform a visual

inspection to detect cracks of the MLG barrel,

in accordance with paragraph 2.B.1 of the

Accomplishment Instructions of the service

bulletin.

(i) If no crack is detected: Repeat the visual

inspection thereafter at intervals not to

exceed 7 days until the eddy current

inspection required by paragraph (d) of this

AD is accomplished.

(ii) If any crack is detected: Prior to further

flight, replace the MLG barrel with a barrel

that has been modified in accordance with

Messier Bugatti Service Bulletin 470–32–640,

dated July 11, 1988, and Messier Bugatti

Service Bulletin 470–32–763, dated February

28, 1994. Accomplishment of this

replacement shall be done in accordance

with Messier Bugatti Airbus A310 Service

Bulletin 470–32–726, Revision 2, dated

February 8, 1994. After accomplishment of

this replacement, no further action is

required by this AD.

(d) Except as provided by paragraph

(c)(3)(ii) of this AD (MLG barrel

replacement): Following accomplishment of

either paragraph (b) or (c) of this AD, and at

the applicable times specified in Table No. 1

and Table No. 2 of Messier Bugatti Airbus

A310 Service Bulletin 470–32–726, Revision

2, dated February 8, 1994, remove the rubber

sealant and perform an eddy current

inspection to detect cracks of the MLG barrel

in accordance with Table No. 3 of that

service bulletin.

(1) If no crack is detected: At the times

specified in Table No. 3 of the service

bulletin, perform the various follow-on

actions in accordance with the service

bulletin. (The follow-on actions include

repetitive gap measurements, repetitive eddy

current and visual inspections, installation of

a new bushing, and replacement of the

bronze washer with a stainless steel washer.)

(i) However, in lieu of installing a new

bushing on crack-free barrels having no

oxidation of the cadmium plating at the next

overhaul, as specified in the service bulletin,

operators must either repeat the gap

measurement and eddy current inspection at

intervals not to exceed 2 years, or install a

new bushing and replace the bronze washer

at the upper part of the MLG barrel with a

stainless steel washer, in accordance with the

service bulletin.

(ii) After accomplishment of the

installation of a new bushing (reference

Messier Bugatti Service Bulletin 470–32–640)

and the replacement of the bronze washer

(reference Messier Bugatti Service Bulletin

470–32–763), no further action is required by

this AD.

(2) If any crack is detected: Prior to further

flight, replace the barrel with a barrel that has

been modified in accordance with Messier

Bugatti Service Bulletin 470–32–640, dated

July 11, 1988, and Messier Bugatti Service

Bulletin 470–32–763, dated February 28,

1994. Accomplishment of this replacement

shall be done in accordance with the Messier

Bugatti Airbus A310 Service Bulletin 470–

32–726, Revision 2, dated February 8, 1994.

After accomplishment of this replacement,

no further action is required by this AD.

(e) 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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(f) 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.

(g) The actions shall be done in accordance

with Messier Bugatti Airbus A310 Service

Bulletin 470–32–726, Revision 2, dated

February 8, 1994. This incorporation by

reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may be

obtained from Messier Services, 45635

Willow Pond Plaza, Sterling, Virginia 20164.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(h) This amendment becomes effective on

February 26, 1996.

Issued in Renton, Washington, on January

11, 1996.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–571 Filed 1–25–96; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 4

[T.D. 96–11]

RIN 1515–AB37

Preliminary Vessel Entry and Permits

to Lade and Unlade

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations regarding the

preliminary entry of vessels arriving in

ports of the United States and the

granting of permits for the lading and

unlading of merchandise from those

vessels. The Customs Regulations

regarding this subject are being

amended to accurately reflect recent

changes to the underlying statutory

authority, enacted as part of the

Customs Modernization Act.

EFFECTIVE DATE: February 26, 1996.

FOR FURTHER INFORMATION CONTACT:

William Scopa, Office of Field

Operations, 202–927–3112 (operational

matters), or Larry L. Burton, 202–482–

6940 (legal matters).

SUPPLEMENTARY INFORMATION:

Background

On December 8, 1993, amendments to

certain Customs and navigation laws

became effective as the result of the

President signing Pub. L. 103–182, Title

VI of which is popularly known as 2 the

Customs Modernization Act (the Act).

Sections 653 and 656 of the Act

significantly amended the statutes

governing the entry and the lading and

unlading of vessels in the United States.

These operations are governed,

respectively, by sections 434 and 448 of

the Tariff Act of 1930, as amended (19

U.S.C. 1434 and 1448).

Prior to these amendments, the entry

of vessels of the United States and

vessels of foreign countries had been
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 2413

governed by separate statutes (19 U.S.C.

1434 and 1435), neither of which

included elements concerning

preliminary vessel entry or the boarding

of vessels. The Act repealed section

1435 and amended section 1434 to

provide for the entry of American and

foreign-documented vessels under the

same statute. Additionally, the amended

section 1434 now provides authority for

the promulgation of regulations

regarding preliminary vessel entry, and

while neither mandating boarding for all

vessels nor specifying that optional

boarding must be accomplished at any

particular stage of the vessel entry

process, the amended law does require

that a sufficient number of vessels be

boarded to ensure compliance with the

laws enforced by the Customs Service.

Section 1448 had previously linked

the granting of preliminary vessel entry

to a mandatory boarding requirement

and the physical presentation of

manifest documents to the Customs

boarding officer. The amended section

1448 no longer contains provisions

regarding preliminary vessel entry,

vessel boarding, or manifest

presentation, matters which are now

provided for in other statutes. Section

1448 now states that Customs may

electronically issue permits to lade or

unlade merchandise, pursuant to an

authorized data interchange system.

The regulations which implement the

statutory authority for the granting of

preliminary vessel entry and the

issuance of permits to lade and unlade

merchandise are contained in sections

4.8 and 4.30 of the Customs Regulations

(19 CFR 4.8 and 4.30). These provisions

still contain mandatory boarding and

physical document presentation

requirements, and of course do not

include any reference to an electronic

permit issuance option.

On March 18, 1994, a document was

published in the Federal Register (59

FR 12878) soliciting comments

regarding a proposal to amend sections

4.8 and 4.30 of the Customs Regulations

(19 CFR 4.8 and 4.30), in order to

properly implement the amended

statutory authority. This document

considers the comments received and

amends the cited sections of the

Customs Regulations.

Discussion of Comments

Thirty comments were received in

response to the proposal. There were

thirteen comments received from vessel

operators, nine from vessel agents, six

from vessel and import trade groups,

one from a customs broker, and one

from a labor union. Of the thirty

comments received, twenty-eight of

them expressed enthusiastic and

unqualified support for the published

proposal. A discussion of the remaining

comments follows.

Comment: One commenter stated that

while the inclusion of elements

concerning the electronic transmission

of information was both welcome and

necessary, our proposal was ‘‘vague’’ in

this regard. It is stated that if the

authorized electronic system

contemplated by Customs is one which

will be used with the Automated

Commercial System (ACS), that fact

should have been made clear and

guidelines should have been published.

The question of compliance by Customs

with 19 U.S.C. 1412, as enacted by

section 631 of the Customs

Modernization Act, was also raised. The

newly enacted section provides, in its

entirety, that with regard to the National

Customs Automation Program (the

Program):

The goals of the Program are to ensure

that all regulations and rulings that are

administered or enforced by the

Customs Service are administered and

enforced in a manner that—

(1) is uniform and consistent;

(2) is as minimally intrusive upon the

normal flow of business activity as

practicable; and

(3) improves compliance.

The commenter goes on to urge that

if Customs is contemplating revised

requirements for the submission of

information electronically, that existing

legal considerations concerning

electronic commercial document

transactions be taken into account.

Response: The quoted statutory

language merely recites the goals of the

automation program when that program

is eventually devised and published.

The amendments presented in this

document do not implement an

automation program; they are simply

intended to authorize the voluntary

utilization of such a system, once

implemented, in transacting operations

under sections 4.8 and 4.30 of the

regulations.

Further, Customs will implement

regulations concerning how electronic

transmission of documents and

information may be accomplished only

after a thorough investigation and with

a full appreciation of all legal and

practical considerations. The process

will, as always, invite public

participation.

Comment: One commenter correctly

states that section 434, Tariff Act of

1930 (as amended by section 653 of the

Customs Modernization Act) 19 U.S.C.

1434, places an affirmative obligation

upon Customs to board a sufficient

number of vessels during the

preliminary entry process to ensure

compliance with various provisions of

law. The commenter then goes on to

rely upon language in the legislative

history relating to section 653 in an

effort to fix the number of vessels to be

boarded. It is urged that the number of

vessels boarded be published in the

Federal Register, and that the

regulations themselves state that the

number of vessel boardings may not be

decreased.

Response: The commenter does not

suggest that the amended statute is in

any way ambiguous, and neither does

Customs believe it to be. With statutory

authority clear on its face, there is no

need to seek clarification in the history

of the law. The statute, in setting forth

that Customs shall board a sufficient

number of vessels to ensure compliance

with the laws it administers, merely

reinforces the underlying current

prevalent throughout the Customs

Modernization Act. That common

theme is the vesting in Customs of broad

discretion to promulgate regulations and

install procedures. There is no question

that Customs will continue to board

vessels for the purpose of enforcing the

laws of the United States. Effectively

ensuring enforcement of U.S. laws can

best be realized by boarding vessels

when circumstances suggest that a

Customs presence is warranted, to

include random boardings. Boarding

quotas will not further the ends of the

statute as reflected in its plain words.

Conclusion

After careful consideration of all

comments received as well as further

review of the matter, it has been

determined that the amendments should

be adopted as proposed.

Regulatory Flexibility Act

Pursuant to the provisions of the

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

et seq.), it is certified that the

amendments will not have a significant

economic impact on a substantial

number of small entities. Accordingly,

they are not subject to the regulatory

analysis or other requirements of 5

U.S.C. 603 and 604.

Executive Order 12866

This document 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 Larry L. Burton, Carrier Rulings

Branch, U.S. Customs Service. However,

personnel from other Customs offices

participated in its development.
2414 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

List of Subjects in 19 CFR Part 4

Customs duties and inspection,

Reporting and recordkeeping

requirements, Vessels.

Amendments to the Regulations

Part 4, Customs Regulations (19 CFR

Part 4), is amended as set forth below.

PART 4—VESSELS IN FOREIGN AND

DOMESTIC TRADES

1. The general authority citation for

Part 4, Customs Regulations (19 CFR

Part 4) and specific authority citation for

section 4.8 continue, and the specific

authority citation for section 4.30 is

revised, to read as follows:

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

1431, 1433, 1434, 1624; 46 U.S.C. App. 3, 91;

* * * * *

Section 4.8 also issued under 19 U.S.C.

1448, 1486;

* * * * *

Section 4.30 also issued under 19 U.S.C.

288, 1446, 1448, 1450–1454, 1490;

* * * * *

2. Section 4.8 is revised to read as

follows:

§ 4.8 Preliminary entry.

Preliminary entry allows a U.S. or

foreign vessel arriving under

circumstances which require it to

formally enter, to discharge cargo,

passengers, or baggage prior to making

formal entry. The granting of

preliminary entry may be accomplished

electronically pursuant to an authorized

electronic data interchange system, or

by other means of communication

approved by the Customs Service.

Preliminary entry must be made in

compliance with § 4.30 of this part. The

granting of preliminary vessel entry by

the Customs Service may be

conditioned upon the presentation of a

completed Customs Form 1300

(Master’s Certificate on Preliminary

Entry) to Customs during discretionary

vessel boarding, or upon the filing with

Customs of a Customs Form 1300 or its

equivalent by electronic or other means

in instances where vessels are not

boarded.

3. Section 4.30 (a) is amended by

removing the period at the end and

adding the words ‘‘or electronically

pursuant to an authorized electronic

data interchange system or other means

of communication approved by the

Customs Service.’’

4. Section 4.30(b) is amended by

adding after the phrase ‘‘Customs Form

3171,’’ the words ‘‘ or electronically

pursuant to an authorized electronic

data interchange system or other means

of communication approved by the

Customs Service,’’.

George J. Weise,

Commissioner of Customs.

Approved: November 24, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 96–1327 Filed 1–25–96; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 5

Delegations of Authority and

Organization; Office of the

Commissioner

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

regulations for redelegations of

authority from the Commissioner of

Food and Drugs to other officers of FDA

in order to give the Associate

Commissioner for Policy Coordination,

Office of Policy, authority to issue

Federal Register notices and proposed

and final regulations for FDA. This

action is being taken in order to hasten

the process of issuing such notices and

proposed and final regulations. This

authority may not be further redelegated

at this time.

EFFECTIVE DATE: January 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Ellen Rawlings, Division of

Management, Systems and Policy

(HFA–340), Food and Drug

Administration, 5600 Fishers Lane,

Rockville, MD 20857, 301–443–4976.

SUPPLEMENTARY INFORMATION: FDA is

amending the regulations in § 5.20

General redelegations of authority from

the Commissioner to other officers of the

Food and Drug Administration (21 CFR

5.20) in order to add the title of

Associate Commissioner for Policy

Coordination to those authorized to

issue Federal Register notices and

proposed and final regulations for FDA.

This action is being taken in order to

hasten the process of issuing such

notices and proposed and final

regulations.

Further redelegation of these

authorities is not authorized at this

time. Authority delegated to a position

by title may be exercised by a person

officially designated to serve in such

position in an acting capacity or on a

temporary basis.

List of Subjects in 21 CFR Part 5

Authority delegations (Government

agencies), Imports, Organization and

functions (Government agencies).

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 5 is

amended as follows:

PART 5—DELEGATIONS OF

AUTHORITY AND ORGANIZATION

1. The authority citation for 21 CFR

part 5 continues to read as follows:

Authority: 5 U.S.C. 504, 552, App. 2; 7

U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282,

3701–3711a; secs. 2–12 of the Fair Packaging

and Labeling Act (15 U.S.C. 1451–1461); 21

U.S.C. 41–50, 61–63, 141–149, 467f, 679(b),

801–886, 1031–1309; secs. 201–903 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321–394); 35 U.S.C. 156; secs. 301,

302, 303, 307, 310, 311, 351, 352, 354, 361,

362, 1701–1706; 2101, 2125, 2127, 2128 of

the Public Health Service Act (42 U.S.C. 241,

242, 242a, 242l, 242n, 243, 262, 263, 263b,

264, 265, 300u–300u–5, 300aa–1, 300aa–25,

300aa–27, 300aa–28); 42 U.S.C. 1395y,

3246b, 4332, 4831(a), 10007–10008; E.O.

11490, 11921, and 12591; secs. 312, 313, 314

of the National Childhood Vaccine Injury Act

of 1986, Pub. L. 99–660 (42 U.S.C. 300aa–1

note).

2. Section 5.20 is amended by revising

paragraph (f)(1) to read as follows:

§ 5.20 General redelegations of authority

from the Commissioner to other officers of

the Food and Drug Administration.

* * * * *

(f)(1) The Deputy Commissioner for

Policy and the Associate Commissioner

for Policy Coordination are authorized

to perform any of the functions of the

Commissioner of Food and Drugs with

respect to the issuance of Federal

Register notices and proposed and final

regulations of the Food and Drug

Administration.

* * * * *

Dated: January 19, 1996.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 96–1322 Filed 1–25–96; 8:45 am]

BILLING CODE 4160–01–F

21 CFR Part 558

New Animal Drugs For Use In Animal

Feeds; Chlortetracycline, Sulfathiazole,

Penicillin

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.