28524 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Proposed Rules

An agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless the collection of information

displays a valid control number.

The collection of information in this

document is in § 151.16 (d) and (f). This

information is necessary and will be

used to determine the admissibility of

imported merchandise and to otherwise

comply with the requirements of the

Mod Act and protect the revenue. The

likely respondents and/or recordkeepers

are business or other for-profit

institutions.

Estimated annual reporting and/or

recordkeeping burden: 500 hours.

Estimated average annual burden per

respondent/recordkeeper: 2 hours.

Estimated number of respondents

and/or recordkeepers: 250.

Estimated annual frequency of

responses: 1.

Comments on the collection of

information should be sent to the Office

of Management and Budget, Attention:

Desk Officer of the Department of the

Treasury, Office of Information and

Regulatory Affairs, Washington, DC

20503. A copy should also be sent to the

Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, 1301 Constitution Avenue,

NW., Washington, DC 20229. Comments

should be submitted within the time

frame that comments are due regarding

the substance of the proposal.

Comments are invited on: (a) Whether

the collection of information is

necessary for the proper performance of

the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

collection of the information; (c) ways to

enhance the quality, utility, and clarity

of the information to be collected; and

(d) ways to minimize the burden of the

collection of information on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

List of Subjects in 19 CFR Part 151

Examination, Sampling and testing of

merchandise.

Proposed Amendments to the

Regulations

It is proposed to amend part 151,

Customs Regulations (19 CFR part 151),

as set forth below:

PART 151—EXAMINATION, SAMPLING

AND TESTING OF MERCHANDISE

1. The general authority citation for

part 151, and the specific authority for

subpart A, would continue to read as

follows:

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

Notes 20 and 21, Harmonized Tariff Schedule

of the United States), 1624. Subpart A also

issued under 19 U.S.C. 1499. * * *

2. It is proposed to amend part 151 by

adding a new § 151.16 to read as

follows:

§ 151.16 Detention of merchandise.

(a) Other agencies not affected. The

provisions of this section are not

applicable to detentions effected by

Customs on behalf of other agencies of

the U.S. Government.

(b) Decision to detain or release.

Within the 5-day period (excluding

weekends and holidays) following the

date on which merchandise is presented

for Customs examination, Customs shall

decide whether to release or detain the

merchandise. Merchandise which is not

released within such 5-day period shall

be considered to be detained

merchandise. For purposes of this

section, merchandise shall be

considered to be presented for Customs

examination when it is in a condition to

be viewed and examined by a Customs

officer. Mere presentation to the

examining officer of a cargo van,

container or instrument of international

traffic in which the merchandise to be

examined is contained will not be

considered to be presentation of

merchandise for Customs examination

for purposes of this section. All costs

relating to the preparation of

merchandise for examination shall be

borne by the importer.

(c) Notice of detention. If a decision

to detain merchandise is made, Customs

shall issue a notice to the importer or

other party having an interest in such

merchandise no later than 5 days

(excluding weekends and holidays) after

such decision. The notice shall be

prepared by the Customs officer

detaining the merchandise and shall

advise the importer or other interested

party of the:

(1) Initiation of the detention;

(2) Specific reason for the detention;

(3) Anticipated length of the

detention;

(4) Nature of the tests or inquiries to

be conducted; and

(5) Nature of any information which,

if supplied to the Customs, may

accelerate the disposition of the

detention.

(d) Providing testing results. Upon

written request by the importer or other

party having an interest in the detained

merchandise, Customs shall provide

copies of the results of any testing

conducted on the merchandise together

with a description of the testing

procedures and methodologies used

(unless such procedures or

methodologies are proprietary to the

holder of a copyright or patent or were

developed by Customs for enforcement

9 purposes). The results and test

description shall be in sufficient detail

to permit the duplication and analysis

of the testing and the results.

(e) Seizure and forfeiture; denial of

entry or exportation. If otherwise

provided by law, detained merchandise

may be seized and forfeited. In lieu of

seizure and forfeiture, Customs may

deny entry and, where not otherwise

prohibited by law, permit the

merchandise to be exported with all

expenses of exportation being borne by

the importer.

(f) Final decisions; extension of time.

A final decision with respect to

detained merchandise will be made

within 30 days from the date the

shipment was detained. The 30-day

limitation may be extended when the

importer or interested party requests in

writing an extension of the detention

period, in order to comply with

Customs requirements.

(g) Effect of failure to make a

determination. The failure by Customs

to make a final determination with

respect to the admissibility of detained

merchandise within 30 days after the

merchandise has been presented for

Customs examination, or such longer

period if specifically authorized by law,

or such extension of time as allowed by

paragraph (f) of this section, shall be

treated as a decision by Customs to

exclude the merchandise for purposes of

§ 514(a)(4) of the Tariff Act of 1930, as

amended (19 U.S.C. 1514(a)(4)). Such

decision may be the subject of a protest.

(h) Effect of failure to decide protest.

If a protest which is filed as a result of

exclusion of detained merchandise is

not allowed or is denied in whole or in

part before the 30th day after the day on

which the protest was filed, it shall be

treated as having been denied on such

30th day.

(i) Burden of proof and decisions of

the court. Once an action respecting a

detention is commenced, unless

Customs establishes by a preponderance

of the evidence that an admissibility

decision has not been reached for good

cause, the court shall grant the

appropriate relief which may include,

but is not limited to, an order to cancel

the detention and release the

merchandise.

George J. Weise,

Commissioner of Customs.

Approved: April 18, 1996.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 96–14124 Filed 6–4–96; 8:45 am]

BILLING CODE 4820–02–P
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Proposed Rules 28525

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 70, 73, 74, 80, 81, 82, 101,

178, 201, and 701

[Docket Nos. 79N–0043 and 92N–0334]

Permanent Listing of Color Additive

Lakes; Extension of Comment Period

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: The Food and Drug

Administration is extending to August

3, 1996, the comment period for a

proposed rule that published March 4,

1996 (61 FR 8372). The document

proposed to list certain color additive

lakes permanently as suitable and safe

for use in foods, drugs, and cosmetics.

FDA is taking this action in response to

a request for additional time to review

and understand the details of the

proposed rule.

DATES: Written comments by August 3,

1996.

ADDRESSES: Written comments to the

Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857. Process

descriptions, identity information for

anions in precipitants, and ingredient

specifications for substrata (including

rosin), and rosin samples to the Colors

Technology Branch (HFS–126), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204.

FOR FURTHER INFORMATION CONTACT:

Regarding proposed certification

procedures and proposed product

ingredient declarations: Julie N.

Barrows, Center for Food Safety and

Applied Nutrition (HFS–105), Food

and Drug Administration, 200 C St.

SW., Washington, DC 20204, 202–

205–4662.

Regarding other issues: Arthur L.

Lipman, Center for Food Safety and

Applied Nutrition (HFS–217), Food

and Drug Administration, 200 C St.

SW., Washington, DC 20204, 202–

418–3073.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 4, 1996 (61

FR 8372), FDA issued a proposed rule

to list certain color additive lakes

permanently as suitable and safe for use

in foods, drugs, and cosmetics. The

proposed rule modified a July 21, 1995,

proposed rule regarding label

declaration of FD&C Yellow No. 6 (60

FR 37611). Interested persons were

given until June 3, 1996, to submit

written comments on the proposal.

The agency has received a request

from the Cosmetic, Toiletry, and

Fragrance Association (CTFA) for an

extension of the comment period for the

proposal. Although FDA’s general

policy is not to extend such comment

periods so that necessary regulations

can be issued as expeditiously as

possible, in this case the agency agrees

that the requestor and others may need

additional time to study the

ramifications of this complex proposal

in order to submit meaningful

comments. Therefore, after careful

consideration, FDA is extending the

comment period for the proposal for an

additional 60 days, until August 3,

1996.

Interested persons may, on or before

August 3, 1996, submit to the Dockets

Management Branch (address above)

written comments regarding this

proposal. Four copies of any comments

are to be submitted, except that

individuals may submit one copy.

Comments are to be identified with the

docket number of the rulemaking or

rulemakings to which the comment is

relevant. As stated in the March 4, 1996,

proposed rule (61 FR 8372 at 8406),

comments on modifications to the July

21, 1995 (60 FR 37611), proposal

regarding label declaration of FD&C

Yellow No. 6 should be identified with

both docket numbers found in brackets

in the heading of this document;

comments on other aspects of the

proposed rule should be identified with

docket number 79N–0043 only.

Received comments may be seen in the

office above between 9 a.m. and 4 p.m.,

Monday through Friday.

In addition, interested persons may,

on or before August 3, 1996, submit to

the Office of Cosmetics and Colors

(address above) written comments

containing process information relating

to the identity and current use of

substrata (including rosin) in lakes, and

samples of such substrata. Written

comments regarding the use of anions

other than chloride and sulfate in

precipitants may also be submitted to

this address. Two copies of each

comment and one 5-pound sample are

to be submitted, and each submission is

to be identified with the docket number

(79N–0043) found in brackets in the

heading of this document.

Dated: May 29, 1996.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 96–14053 Filed 5–31–96; 12:12 pm]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AC19

Unitization

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Notice of proposed rulemaking.

SUMMARY: MMS proposes to amend its

unitization regulations by removing the

model unit agreements for exploration,

development, and production units and

development and production units. The

model agreements would be available

from the Regional Supervisor. The rule

would also be written in ‘‘plain

English.’’ We take this action to support

the President’s initiative to reform

Government regulations. Our interest is

to shorten the regulation and clarify the

wording.

DATES: MMS will consider all comments

received by August 5, 1996. We will

begin reviewing comments at that time

and may not fully consider comments

we receive after August 5, 1996.

ADDRESSES: Mail or hand-carry written

comments to the Department of the

Interior, Minerals Management Service,

381 Elden Street, Mail Stop 4700,

Herndon, Virginia 22070–4817,

Attention: Chief, Engineering and

Standards Branch.

FOR FURTHER INFORMATION CONTACT:

Judith M. Wilson, Engineering and

Standards Branch, telephone (703) 787–

1600.

SUPPLEMENTARY INFORMATION: The rules

on unitization in 30 CFR part 250,

implementing Section 5(a)7 of the Outer

Continental Shelf (OCS) Lands Act

Amendments of 1978, were published

on May 2, 1980. The rules were

amended on February 16, 1982. The

amended rulemaking removed the

provisions that required segregation of

the portion of the OCS oil and gas lease

not included in the unit agreement. That

amendment was based on the

Department of the Interior (DOI)

Solicitor’s Opinion M–36927. The rules

were amended again in April 1988,

when MMS restructured and

consolidated into one document the

rules governing oil, gas, and sulphur

exploration, development, and

production operations on the OCS. The

model unit agreements were

incorporated at this time. The last

revision was in July 1991, to include

sulphur operations in unitization.

This subpart, 30 CFR part 250,

Subpart M, Unitization, is intended to