Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Notices 28639

1 The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803 (the ICCTA), which was

enacted on December 29, 1995, and took effect on

January 1, 1996, abolished the Interstate Commerce

Commission (ICC) and transferred certain functions

and proceedings to the Surface Transportation

Board (Board). Section 204(b)(1) of the ICCTA

provides, in general, that proceedings pending

before the ICC on the effective date of that

legislation shall be decided under the law in effect

prior to January 1, 1996, insofar as they involve

functions retained by the ICCTA. This notice relates

to a proceeding that was pending with the ICC prior

to January 1, 1996, and to functions that are subject

to Board jurisdiction pursuant to 49 U.S.C. 10902

and 49 U.S.C. 11323–25. Therefore, this notice

applies the law in effect prior to the ICCTA, and

citations are to the former sections of the statute,

unless otherwise indicated.

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, NW.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Patricia E. Kolesar, Esq., Slover &

Loftus, 1224 Seventeenth Street, NW.,

Washington, DC. 20036.

Decided: May 29, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–14086 Filed 6–4–96; 8:45 am]

BILLING CODE 4915–00–P

[Finance Docket No. 32691] 1

North Charleston Terminal Company—

Lease Exemption—South Carolina

Division of Public Railways, Cosgrove

Yard, North Charleston, SC

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

SUMMARY: The Board, under 49 U.S.C.

10505, exempts from the prior approval

requirements of 49 U.S.C. 11343–45 the

lease by North Charleston Terminal

Company of South Carolina Division of

Public Railways’ Cosgrove Yard,

consisting of approximately 9.3 miles of

yard track and other railroad facilities,

in North Charleston, Charleston County,

SC, subject to standard labor protective

conditions.

DATES: This exemption will be effective

July 5, 1996. Petitions to stay must be

filed by June 20, 1996, and petitions to

reopen must be filed by July 1, 1996.

ADDRESSES: Send pleadings referring to

Finance Docket No. 32691 to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Branch,

1201 Constitution Avenue, NW.,

Washington, DC 20423, and (2)

Petitioner’s representative: Robert J.

Cooney, Norfolk Southern Corporation,

Three Commercial Place, Norfolk, VA

23510–2191.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. (TDD for

the hearing impaired: (202) 927–5721.)

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., Room 2229, 1201

Constitution Ave., NW., Washington,

DC 20423. Telephone: (202) 289–4357/

4359. (Assistance for the hearing

impaired is available through TDD

services (202) 927–5721.)

Decided: May 21, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 96–14087 Filed 6–4–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Customs Service

[T.D. 96–47]

Petroleum Refineries in Foreign Trade

Subzones

AGENCY: Customs Service, Department

of the Treasury.

ACTION: General notice; modification of

T.D. 66–16.

SUMMARY: This document publishes an

attribution schedule approved in

accordance with the foreign trade zone

regulations for use by the Valero

Refining Company, operating as Foreign

Trade Subzone No. 122j, in Corpus

Christi, Texas, covering three feedstocks

not otherwise covered by a published

schedule, for the purpose of calculating

the amount of selected feedstock which

would be required to produce a given

category of product in the subzone, with

inventory accounting for feedstock and

product, as well as duty assessment for

any such product removed from or

consumed within the subzone, being

determined accordingly.

FOR FURTHER INFORMATION CONTACT:

Louis Hryniw, Office of Regulatory

Audit, (202) 927–0677.

SUPPLEMENTARY INFORMATION:

BACKGROUND

By a final rule document published in

the Federal Register as T.D. 95–35 (60

FR 20628) on April 27, 1995, Customs

amended its foreign trade zone

regulations (19 CFR part 146) to add

special procedures and requirements

governing the operation of petroleum

refineries approved as foreign trade

subzones, in implementation of § 9002

of the Technical and Miscellaneous

Revenue Act of 1988, codified as 19

U.S.C. 81c(d). These regulations, issued

as a new subpart H to part 146

(§§ 146.91–146.96), essentially establish

procedures to account for the various

products refined in a subzone as well as

the feedstocks that are used therein in

such refining operations, with duty

assessment being determined

accordingly.

Specifically in this connection,

§ 146.93(a) requires that all final

product refined in, and either removed

from or consumed within, a petroleum

refinery subzone, be attributed to

feedstock admitted into the subzone in

the current or prior manufacturing

period.

One method of attribution permits a

quantity of product to be attributed as

having been refined from a given

quantity of feedstock to the extent that

the quantity of such product was

producible (could have been produced)

from the stated quantity of feedstock. 19

CFR 146.95(a) (1) and (2). This method,

known as producibility, calls for the

establishment of objective production

standards to govern its application.

Such standards, called industry

standards of potential production on a

practical operating basis, have already

been established, adopted and

published in T.D. 66–16. 19 CFR

146.95(a)(2). In this regard, T.D. 66–16

lists several categories of products as

well as a number of different feedstocks,

together with the noted industry

standards expressed in percentages.

Section 146.95(a)(3)(i) deals with the

attribution of product to feedstock not

listed in T.D. 66–16, and requires in this

situation that the operator submit a

proposed attribution schedule,

supported by a technical memorandum,

to the appropriate port director. The

port director must refer the request to

the Director, Office of Regulatory Audit,

who is responsible for reviewing and

verifying the refiner’s records and

approving or denying the request,

following due coordination with the

Director, Office of Laboratories and

Scientific Services.

In the present case, Valero Refining

Company, operating as Foreign Trade

Subzone No. 122j, in Corpus Christi,

Texas, has submitted such a request,

which has since been evaluated by

Customs as described, and approved,

concerning the establishment of a

verified attribution schedule for

heretofore unlisted residual cracking

feedstocks of classes I, II, and III,

respectively. Section 146.95(a)(3)(i)