Federal Register / Vol. 63, No. 159 / Tuesday, August 18, 1998 / Notices 44303

Sedgwick County, KS. UP is a Class I such as the one involved here. See through their direct control of South rail carrier and Central Kansas Railway D.T.&I.R.—Trackage Rights, 363 I.CC. Kansas and Oklahoma Railroad Limited Liability Company (CKR) is a 878 (1981). Under these standards, the Company (SKO) and the Palouse River limited liability rail carrier. The incidental abandonment, construction, & Coulee City Railroad, Inc. (PRCC); and proposed transaction was expected to be and trackage rights components require (2) for SKO to acquire control of SEK consummated on or shortly after July no separate approval or exemption and for PRCC to acquire control of BMR 29, 1998, the effective date of the when the relocation project, as here, through the acquisition of all exemption. will not disrupt service to shippers and outstanding stock of the respective The joint relocation project involves: thus qualifies for the class exemption at companies. (1) CKR’s grant to UP of overhead 49 CFR 1180.2(d)(5). DATES: This exemption will be effective trackage rights on CKR’s line extending As a condition to this exemption, any on September 17, 1998. Petitions to stay from South Junction westward to the employees affected by the trackage must be filed by September 2, 1998, and line of Kansas Southwestern Railway rights will be protected by the petitions to reopen must be filed by (KSR): (a) over a portion of CKR’s conditions imposed in Norfolk and September 14, 1998. Wichita Subdivision from milepost 0.20 Western Ry. Co.—Trackage Rights—BN, ADDRESSES: Send an original and 10 near South Junction to CKR’s milepost 354 I.C.C. 605 (1978), as modified in copies of pleadings referring to STB 3.45 (which connects with KSR’s Mendocino Coast Ry., Inc.—Lease and Finance Docket No. 33603 to: Surface Hardtner Industrial Lead at milepost Operate, 360 I.C.C. 653 (1980). Transportation Board, Office of the 487.80) and (b) over CKR’s track from If the notice contains false or Secretary, Case Control Unit, 1925 K milepost 211.49 (which is also milepost misleading information, the exemption Street, N.W., Washington, DC 20423– 2.80 on CKR’s Wichita Subdivision) to is void ab initio. Petitions to revoke the 0001. In addition, send one copy of milepost 212.44 (which also connects exemption under 49 U.S.C. 10502(d) pleadings to petitioners’ representative: with KSR’s Hardtner Industrial Lead at may be filed at any time. The filing of Karl Morell, Of Counsel, Ball Janik LLP, milepost 488.8); and (2) UP’s incidental a petition to revoke will not 1455 F Street, N.W., Suite 225, abandonment of, and discontinuance of automatically stay the transaction. Washington, DC 20005. operations over, a parallel portion of An original and 10 copies of all FOR FURTHER INFORMATION CONTACT: UP’s Hutchinson Industrial Lead pleadings, referring to STB Finance Beryl Gordon, (202) 565–1600. [TDD for between milepost 483.44 and milepost Docket No. 33626, must be filed with the hearing impaired: (202) 565–1695.] 485.94 at Hardtner Junction, a distance the Surface Transportation Board, Office SUPPLEMENTARY INFORMATION: of 2.50 miles in Wichita. The trackage of the Secretary, Case Control Unit, 1925 Additional information is contained in rights to be abandoned includes the K Street, N.W., Washington, DC 20423– the Board’s decision. To purchase a non-agency station of Hardtner Junction 0001. In addition, a copy of each copy of the full decision, write to, call, at milepost 485.94. pleading must be served on Joseph D. or pick up in person from: DC News & The proposed joint relocation project Anthofer, 1416 Dodge Street, #830, Data, Inc., 1925 K Street, N.W., Suite will not disrupt service to shippers. The Omaha, NE 68179. 210, Washington, DC 20006. Telephone: notice states that the project is to Board decisions and notices are (202) 289–4357. [Assistance for the remove long freight trains from UP’s available on our website at hearing impaired is available through trackage and to eliminate approximately ‘‘WWW.STB.DOT.GOV.’’ TDD Services (202) 565–1695.] 24 grade crossings in Wichita. It also Decided: August 10, 1998. states that the project will facilitate Board decisions and notices are By the Board, David M. Konschnik, available on our website at implementation of part of an agreement Director, Office of Proceedings. which has been reached between UP, ‘‘WWW.STB.DOT.GOV.’’ Vernon A. Williams, the City of Wichita and Sedgwick Decided: August 7, 1998. County in a signed Memorandum of Secretary. By the Board, Chairman Morgan and Vice Understanding (MOU), filed with the [FR Doc. 98–22021 Filed 8–17–98; 8:45 am] Chairman Owen. Board on June 26, 1998, and granted.1 BILLING CODE 4915±00±P Vernon A. Williams, The Board will exercise jurisdiction Secretary. over the abandonment or construction DEPARTMENT OF TRANSPORTATION [FR Doc. 98–21881 Filed 8–17–98; 8:45 am] components of a relocation project, and BILLING CODE 4915±00±P require separate approval or exemption, Surface Transportation Board only where the removal of track affects service to shippers or the construction [STB Finance Docket No. 33603] DEPARTMENT OF THE TREASURY of new track involves expansion into a new territory. See City of Detroit versus Richard B. Webb and Susan K. Customs Service Canadian National Ry. Co., et al., 9 LundyÐControl ExemptionÐBlue I.C.C.2d 1208 (1993), aff’d sub nom., Mountain Railroad, Inc. and Southeast Modification of National Customs Detroit/Wayne County Port Authority Kansas Railroad Company Automation Program Test Regarding versus ICC, 59 F.3d 1314 (D.C. Cir. Reconciliation AGENCY: Surface Transportation Board. 1995). Line relocation projects may AGENCY: Customs Service, Treasury. embrace trackage rights transactions ACTION: Notice of exemption. ACTION: General notice. SUMMARY: The Board grants an 1 See Union Pacific Corporation, Union Pacific SUMMARY: Railroad Company, and Missouri Pacific Railroad exemption under 49 U.S.C. 10502, from A notice was published in the Company—Control and Merger—Southern Pacific the prior approval requirements of 49 Federal Register on February 6, 1998, Rail Corporation. Southern Pacific Transportation U.S.C. 11323–25: (1) for Richard B. announcing the U.S. Customs ACS Company, St. Louis Southwestern Railway Webb and Susan K. Lundy to acquire Reconciliation Prototype. This Company, SPCSL Corp., and The Denver and Rio Grande Western Railroad Company, Finance Docket indirect control of Blue Mountain document serves to announce certain No. 32760 [Decision No. 80] (STB served July 8, Railroad, Inc. (BMR), and Southeast operational changes to the prototype, as 1998). Kansas Railroad Company (SEK), well as to provide clarification on some 44304 Federal Register / Vol. 63, No. 159 / Tuesday, August 18, 1998 / Notices items. Most aspects of the prototype are secured by this bond, and that all D. Designated Processing Ports unchanged, including the Customs conditions set out in Section 113.62, The previous notice stated that Service policy that the prototype will Customs Regulations, are applicable Reconciliations may be filed at any serve, until implementation of the thereto. The principal(s) and surety also Customs port, but would be processed at Reconciliation component of NCAP/P, agree that, when an Aggregate a processing port assigned to the as the exclusive means to reconcile Reconciliation under this rider lists importer by Customs. Due to intricacies entry summaries. entries occurring in more than one bond relating to financial collections and period, any liabilities to Customs EFFECTIVE DATE: The starting date routing of documents, Customs has reflected in that Aggregate announced in the February 6, 1998 changed this aspect of the prototype. Reconciliation shall be attributable (up notice is unchanged. This prototype will While the underlying entries may still to the full available bond amount) to commence no earlier than October 1, be filed at any port, the Reconciliation any or all of those bond periods. 1998, will run for approximately two must be filed at the processing port years, and may be extended. 2. Termination of Bond Rider assigned to the importer by Customs. Applications to participate in the For purposes of filing the Reconciliation Termination of the Reconciliation prototype will be accepted throughout at the processing port, the broker permit Bond Rider by either the principal or the duration of the prototype. requirement is waived (See below). the surety may be affected in accordance ADDRESSES: Written comments The Reconciliation Processing Ports with procedures set forth in § 113.27, regarding this notice should be are: addressed to Mr. Don Luther, Customs Regulations. Termination of Reconciliation Team, U.S. Customs the Reconciliation Bond Rider will not Boston, MA serve to terminate the underlying bond. Champlain, NY Service, 1300 Pennsylvania Ave. N.W., Detroit, MI Mailstop 5.2A, Washington, DC, 20229– Moreover, it should be noted that Customs will not terminate bonds or El Paso, TX 0001. Laredo, TX FOR FURTHER INFORMATION CONTACT: Mr. riders filed pursuant to this prototype. Miami, FL Don Luther at (202) 927–0915. 3. Bond Coverage to be Evaluated Minneapolis, MN SUPPLEMENTARY INFORMATION: New York, NY/Newark, NJ In addition to the test evaluation Nogales, AZ Changes and Clarifications criteria listed in the February 6, 1998 Pharr, TX The following items are changes and notice, adequacy of bond coverage for Portland, OR San Diego/Otay Mesa, CA clarifications to the February 6, 1998 participating importers will also be Federal Register notice on the evaluated for this prototype. Other ports may be added at a later Reconciliation Prototype. Unless C. Changes in Terminology date, at which time affected participants specifically addressed in this notice, all would be notified. elements of the earlier notice still apply. The previous notice described two methods for flagging entry summaries E. Entry Types Eligible for A. Additional Information on the for reconciliation, and two methods for Reconciliation Prototype reconciling flagged entry summaries. The notice of February 6, 1998 stated Additional information on the The method of flagging does not dictate that the following entry types would be prototype is available on the U.S. the method of reconciling. Due to some eligible for the ACS Reconciliation Customs Internet Web Site. The address confusion caused by similar terms, Prototype: 01, 02, 03, 06 and 07. During for this site is: Customs is changing the terminology of the course of program development, it www.customs.ustreas.gov/imp-exp2/ the flagging methods. The methods became apparent that Customs would comm-imp/recon/index.htm themselves are unchanged, but are not be able to include entry types 03 shown here for clarification. B. Bond Issues and 07 in this initial phase of the Individual entry flag (Previously prototype. These entry types are those 1. Bond Rider called entry-by-entry flagging): The subject to Antidumping/Countervailing The specific language in the bond importer electronically via ABI inputs duty cases, which due to their inherent rider has been changed to more an indicator on all entries which are complexity, cannot be incorporated into adequately address coverage for subject to reconciliation. This indicator reconciliation at this time. The entry Aggregate Reconciliations. The rider identifies the issue(s) subject to types covered by the prototype will be must be filed with the bond prior to any reconciliation. types 01, 02, and 06. (Type 06 Foreign entry summaries being flagged for Blanket flag (Previously called Trade Zone entries are allowed only reconciliation. Because the new bond blanket application): Prior to filing when no Antidumping/Countervailing rider is different, applicants who entries subject to reconciliation, the duty merchandise is included on them.) already have provided the earlier bond importer provides Customs a letter Entry summaries subject to rider must provide the new bond rider which contains the importer of record Antidumping/Countervailing duty cases prior to flagging entries for number, the time period in which may be adjusted via existing procedures reconciliation. entries are subject to reconciliation, and for individually adjusting entry The rider shall read as follows: the issue(s) subject to reconciliation. summaries prior to liquidation. By this rider to the Customs Form 301 Customs will input an electronic F. Taxes and Fees No. lllll, executed on lllll, indicator on ALL entries for that by lllll as principal(s), importer importer for that time period, which For Entry-by-entry Reconciliations, all no(s). lllll, and lllll, as will identify them as being subject to taxes and fees on each entry summary surety, code no. lllll, which is reconciliation for the issue(s) indicated. must be adjusted to show the correct effective on lllll, the principal(s) The flag that results is the same as the amount appropriate to that entry and surety agree that this bond covers individual entry flag, except that it is summary had the complete information all Reconciliations pursuant to 19 U.S.C. applied by Customs to all entries filed for the transaction been known at the 1484(b) that are elected on any entries for a given importer of record. time of entry summary filing. Federal Register / Vol. 63, No. 159 / Tuesday, August 18, 1998 / Notices 44305

On Aggregate Reconciliations, since file Reconciliations. The publication K. Summarized Line Item Data monetary changes to individual entry will be made available to the general Spreadsheet summaries are not reported, public via the web site listed above, and The spreadsheet shown in the adjustments to taxes and fees will be a version of it will be distributed to February notice is correct except that reported on the Summarized Line Item Customs officers. the title reads ‘‘Aggregate Data Spreadsheet, as follows: Reconciliation’’ when it should read Taxes and Fees applied to individual I. Interest ‘‘Reconciliation Summarized Line Data commodities, such as Cotton Fee, Beef Interest accrues on all Reconciliations Spreadsheet,’’ since the spreadsheet is Fee and the like, will be adjusted by where monetary adjustments take place, multiplying any increase in dutiable used both for Entry-by-entry and whether they are increases or decreases Aggregate Reconciliations. Also, it was value by the rate associated with the in duties, taxes, and fees. If interest is tariff number for the product in brought to Customs attention that totals due Customs, the filer will make on certain columns were incorrect. question. payment of the interest upon filing the For Harbor Maintenance Tax (HMT), These were typographical errors not Reconciliation, along with duties, taxes, intended to represent calculations other the importer is responsible for and fees. Interest due the importer will determining and declaring the amount than those described in the notice or on be paid upon liquidation of the the face of the spreadsheet. owed, based on any increase in dutiable Reconciliation. Customs is currently value, for those products which had seeking a statutory amendment to 19 L. Application to Participate in the been subject to HMT at the time of U.S.C. 1505 which would allow an Prototype original entry summary. alternate interest accounting Importers interested in participating Merchandise Processing Fee (MPF) methodology, such as the following, will be determined and declared in a in the prototype must apply to Customs which will be used if the required in writing. Policies from the earlier similar fashion. The importer is statutory change is obtained: responsible for determining and notice regarding applications remain in Interest will be calculated on the declaring the proper amount of MPF effect. Applications will be accepted entire amount of adjusted duties, taxes, due based on any increase in dutiable throughout the duration of the and fees, as if they had been due on the value, at the MPF rate applied to the prototype. The application requirements midpoint date of the period covered by product at time of filing the underlying from the earlier notice are unchanged, the Reconciliation. For example, if a entry summary. Because there is a except that applicants are no longer Reconciliation covers January 1, 1999 maximum assessment of MPF for entry required to specify the port where the through December 31, 1999, and results summaries, Customs will use the Reconciliations will be filed, as Customs in $20,000 in increased revenue, the following formula to set the maximum will instruct the importer on where they interest would be calculated for the MPF to be paid on an Aggregate must be filed. $20,000 from the midpoint date of July Reconciliation: [($485 × number of Applications should be submitted to 1, 1999. entries covered by the Reconciliation Mr. Don Luther, Reconciliation Team, which were subject to MPF), less the If no such statutory amendment U.S. Customs Service, 1300 amount of MPF already paid on those occurs: Importers will be required to Pennsylvania Ave, NW, Mailstop 5.2A, same entries.] determine the appropriate amount of Washington, DC, 20229–0001. interest due for each entry summary, Applications may be submitted until the G. Regulatory Provisions and report such adjustment for each start of the prototype and throughout The February 6, 1998 Federal Register entry summary, either via the the duration of the prototype. Parties notice included a section on regulatory Association File for Entry-by-Entry interested in the ACS Reconciliation provisions suspended. That section is Reconciliations, or as a total amount of Prototype should consult the Federal hereby modified by removing all interest due for Aggregate Register notice (63 FR 6257) of February references to Part 113.62, Customs Reconciliations. 6, 1998. All terms and conditions set Regulations, and adding the following J. Components of the Reconciliation forth in that notice remain in effect statement: Certain provisions in Part except to the extent they are specifically 111, and Part 141 of the Customs Reconciliations will consist of three modified by this notice. Regulations will be suspended during parts. This is true of both Entry-by-entry Dated: August 12, 1998. and Aggregate Reconciliations: The this prototype test. This will allow Robert S. Trotter, brokers to file Reconciliations on behalf Header, Association File, and Summarized Line Data Spreadsheet. Assistant Commissioner, Office of Field of importers at the designated Operations. The characteristics of these three Reconciliation Processing Port, without [FR Doc. 98–22148 Filed 8–17–98; 8:45 am] holding a permit in that port. The components are unchanged from those BILLING CODE 4820±02±P suspension provided in this notice described in the Federal Register notice pertains only to filing type ‘‘09’’ of February 6, 1998. In cases where a Reconciliation is filed with no Reconciliation entries, and not to any DEPARTMENT OF THE TREASURY other Customs business transacted by adjustments to value or other elements brokers. of the underlying transactions, that is, Customs Service merely to satisfy the obligation to file a H. Handbook Reconciliation initiated by flagging [T.D. 98±69] A Reconciliation procedures entry summaries, the spreadsheet need handbook is currently under not be provided, as it would be a Recordation of Trade Name: ``Ronson development by Customs. Participants spreadsheet containing no data. Consumer Products Corporation'' in the prototype will receive a copy of Importers should be aware of the AGENCY: U.S. Customs Service, this handbook, which will contain distinction between this situation and Department of the Treasury. specific operational information, one where there are adjustments to including instructions on how to file value but no revenue implications, in SUMMARY: On Friday, April 24, 1998, a and flag underlying entries, and how to which a spreadsheet would be required. notice of application for the recordation