Testing of Pressed and Toughened (Specially Tempered) Glassware, 1640-1642 [E8-241]
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Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Notices
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2006–0073]
Notice to Agricultural Facilities About
Requirement To Complete Chemical
Security Assessment Tool Top-Screen
Department of Homeland
Security.
ACTION: Notice.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: The Department of Homeland
Security (DHS or Department) is
publishing a letter that it issued on
December 21, 2007. Through this letter,
the Department is granting a time
extension for farmers and other
agricultural users who are required to
submit information (known as the
Chemical Security Assessment Tool
Top-Screen) under federal chemical
security regulations.
DATES: Effective December 21, 2007.
FOR FURTHER INFORMATION CONTACT:
Dennis Deziel, Chemical Security
Compliance Division, Department of
Homeland Security, 703–235–5263.
SUPPLEMENTARY INFORMATION: Section
550 of the Homeland Security
Appropriations Act of 2007 provided
the Department of Homeland Security
(DHS or Department) with authority to
promulgate ‘‘interim final regulations’’
for the security of certain chemical
facilities in the United States. See Pub.
L. 109–295, sec. 550. On December 28,
2006, the Department issued an
Advance Notice of Rulemaking seeking
comment on the significant issues and
regulatory text (see 71 FR 78276), and
on April 9, 2007, the Department
published an Interim Final Rule
establishing anti-terrorism standards for
certain chemical facilities (see 72 FR
17688). The Interim Final Rule was
effective June 8, 2007.
On November 20, 2007, the
Department issued a Final Rule for
Appendix A to the Chemical Facility
Anti-Terrorism Standards (see 72 FR
65396). Appendix A to 6 CFR Part 27
consists of a List of Chemicals of
Interest (COI) and Screening Threshold
Quantities (STQs) for each chemical.
Any facility that possesses or later
comes into possession of any listed COI
at or above the STQ must complete and
submit a Chemical Security Assessment
Tool Top-Screen to DHS.
This letter grants a time extension, as
specified, to farmers and other
agricultural users of COI for submitting
Top-Screens to DHS. On December 21,
2007, the Department issued this letter
to various interested parties. For
purposes of clarification, this time
extension does not apply to agricultural
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Jkt 214001
facilities that are required to submit a
Top-Screen, because they possess a COI
(e.g., propane) at or above the applicable
STQ for use as a fuel (e.g., for heating)
at such facilities.
Dear Sir or Madam:
I am writing to notify you that the
Department of Homeland Security (DHS) is
granting a time extension for certain facilities
required to submit information under federal
chemical security regulations. On April 9,
2007, DHS published the Chemical Facility
Anti-Terrorism Standards Interim Final Rule
(6 CFR Part 27); and on November 20, 2007,
DHS published a final list of chemicals of
interest, known as Appendix A. See 72 FR
17688 and 72 FR 65396. With the publication
of the final Appendix A, all provisions of the
regulations are in effect.
Upon publication of Appendix A, any
facility that possesses any chemical of
interest at or above the screening threshold
quantity specified in Appendix A, was
required to complete and submit
information—called a ‘‘Top-Screen’’—to DHS
by January 22, 2008. See 6 CFR
§§ 27.200(b)(2), 27.210(a)(1)(i).
In the final Appendix A, DHS intended to
limit the coverage of that requirement, as
related to farmers and other agricultural users
of the chemicals of interest, by revising
screening thresholds and counting rules for
certain chemicals. See 72 FR 65406–65407,
65415 (Nov. 20, 2007). Since publication of
the final Appendix A, however, additional
questions and concerns have been raised
regarding the applicability of the Top-Screen
requirement to agricultural facilities and
operations. DHS is gathering more
information about these issues in order to
determine whether any modification of the
Top-Screen requirements might be
warranted.
In addition, the United States Congress has
now passed, and the President has signed,
the Department of Homeland Security
Appropriations Act of 2008, which
authorizes DHS to regulate the sale and
transfer of Ammonium Nitrate. The law
authorizes DHS to develop processes for the
registration of Ammonium Nitrate purchasers
and for the maintenance of relevant records.
Because this law will likely cover many
farmers and other agricultural operations,
DHS may review its approach towards
Chemicals of Interest used in agricultural
operations.
Accordingly, given the nature of these
agricultural operations and the circumstances
described above, I am exercising my
authority under 6 CFR 27.210(c) to extend
the deadline for submitting Top-Screens
under the following conditions:
(1) Until further notice, or unless otherwise
specifically notified in writing by DHS, the
Top-Screens will not be required for any
facility that is required to submit a TopScreen solely because it possesses any
Chemical of Interest, at or above the
applicable screening threshold quantity, for
use—
(a) in preparation for the treatment of
crops, feed, land, livestock (including
poultry) or other areas of an agricultural
production facility; or
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(b) during application to or treatment of
crops, feed, land, livestock (including
poultry) or other areas of an agricultural
production facility;
(2) This extension applies to facilities such
as farms (e.g., crop, fruit, nut, and vegetable);
ranches and rangeland; poultry, dairy, and
equine facilities; turfgrass growers; golf
courses; nurseries; floricultural operations;
and public and private parks.
(3) This extension does not apply to
chemical distribution facilities, or
commercial chemical application services.
If you have any questions about the
extension described above, please contact
Dennis Deziel, Deputy Director, DHS
Compliance Security Compliance Division
(dennis.deziel@dhs.gov) or the CSAT
Helpdesk at 866–323–2957 or csat.dhs.gov.
Robert B. Stephan,
Assistant Secretary for Infrastructure
Protection, Department of Homeland
Security.
[FR Doc. E8–199 Filed 1–8–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[USCBP–2007–0099]
Testing of Pressed and Toughened
(Specially Tempered) Glassware
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice; solicitation of
comments.
AGENCY:
SUMMARY: This document proposes
modifications to the standard applied by
U.S. Customs and Border Protection
(‘‘CBP’’) for the testing of pressed and
toughened (specially tempered)
glassware, as set forth in Treasury
Decision (T.D.) 94–26, published in the
Federal Register on March 22, 1994. In
this regard, this document proposes
revised criteria for interpreting the
results obtained from the cutting test for
opaque glassware and sets forth an
interpretation of breakage in that test.
This document also proposes to
reinstate a previously used testing
method, referred to as the center punch
test, and sets forth a description of the
center punch apparatus to be used for
the proposed test. In addition, it is
proposed to provide for the optional use
of additional tests that would be used to
verify the results obtained from the
testing procedures specifically
identified in this document. This
document invites the public to submit
comments to CBP on the proposed
modifications to the standards for the
testing of pressed and toughened
(specially tempered) glassware.
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09JAN1
Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Notices
Comments must be received on
or before February 25, 2008.
ADDRESSES: You may submit comments,
identified by docket number USCBP
2007–0099, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP 2007–0099.
• Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue,
NW. (Mint Annex), Washington, DC
20229.
Instructions: All submissions received
must include the agency name and
docket number for this general notice.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Comments
submitted and the current testing
method used by CBP will also be
available for public inspection in
accordance with the Freedom of
Information Act (5 U.S.C. 552) and
§ 103.11(b) of the Customs and Border
Protection Regulations (19 CFR
103.11(b)), on regular business days
between the hours of 9 a.m. and 4:30
p.m. at the Trade and Commercial
Regulations Branch, Regulations and
Rulings, U.S. Customs and Border
Protection, 799 9th Street, NW. (5th
Floor), Washington, DC. Arrangements
to inspect submitted comments should
be made in advance by calling Joseph
Clark at (202) 572–8768.
FOR FURTHER INFORMATION CONTACT:
Margaret Chinn, Office of Information
and Technology, Laboratories and
Scientific Services, (202) 344–1566;
Stephen Cassata, Office of Information
and Technology, Laboratories and
Scientific Services, (202) 344–1309.
SUPPLEMENTARY INFORMATION:
DATES:
pwalker on PROD1PC71 with NOTICES
Public Participation
Interested persons are invited to
submit written data, views, or
arguments on all aspects of this general
notice. If appropriate to a specific
comment, the commenter should
reference the specific portion of the
general notice, explain the reason for
any suggested change, and include data,
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17:53 Jan 08, 2008
Jkt 214001
information, or authority that support
such recommended change.
Background
This document proposes
modifications to the criteria currently
utilized by U.S. Customs and Border
Protection (‘‘CBP’’) to test certain
glassware articles to ascertain whether
they are ‘‘pressed and toughened
(specially tempered)’’ for tariff
classification purposes under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). The
glassware articles subject to such testing
procedures are generally imported into
the United States under subheadings
7013.28.05, 7013.37.05, 7013.42.10,
7013.49.10, and 7013.99.20, HTSUS. It
should be noted that articles of ‘‘safety
glass, consisting of toughened
(tempered) or laminated glass’’ that are
normally imported under heading 7007,
HTSUS (e.g., architectural plate glass
and vehicle windshields), are not within
the purview of this notice. As such, CBP
is not soliciting comments regarding the
methods employed to analyze those
articles.
Information regarding the apparatus
used, glass sample preparation, and the
actual methods employed by CBP to test
glassware articles to determine whether
they are pressed and toughened
(specially tempered) were set forth in
the Federal Register (59 FR 13531,
March 22, 1994; see also, 59 FR 16895,
April 8, 1994, correcting ‘‘T.D. 94–25’’
to ‘‘T.D. 94–26’’). Under T.D. 94–26,
photographic equipment, polariscopes,
tile saws (or similar table-mounted
circular saws), or other apparatus and
supplies, such as calipers, ovens, and
water baths, may be used to test subject
glassware articles. With respect to
sample preparation, T.D. 94–26
provides that a representative number of
samples should be analyzed but
recognizes the possibility that only one
sample may be available for testing.
The analysis method to be used for
the testing of pressed and toughened
(specially tempered) glassware under
T.D. 94–26 consists of three tests. They
are the ‘‘macroscopic analysis’’,
‘‘thermal shock test’’, and ‘‘evaluation of
temper’’. The evaluation of temper test
utilizes a polariscope for transparent or
translucent glassware and a cutting test
for opaque glassware.
This document proposes
modifications to the cutting test for
opaque glassware. Under the proposal,
the testing procedures for the
macroscopic test, thermal shock test,
and polariscopic examination aspect of
the evaluation of temper test will
remain the same. This document also
sets forth proposed guidelines for the
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1641
reinstatement of a previously used test
referred to as the ‘‘center punch test’’,
and adds a description of the center
punch apparatus that will be used for
the test. In addition, this document
proposes to provide for the optional use
of additional tests that would be used
only to verify the results obtained from
the testing procedures specifically
identified in this document. A more
detailed description of the
modifications proposed to the standards
for the testing of pressed and toughened
(specially tempered) glassware is set
forth below.
Current Procedures
As noted above, the analysis method
to be used for the testing of pressed and
toughened (specially tempered)
glassware consists of the macroscopic
analysis, thermal shock test, and
evaluation of temper. As it is not
proposed to change the macroscopic
analysis or thermal shock test, those
tests are not described in this document.
Likewise, as the polariscopic
examination portion of the evaluation of
temper test is not proposed to be
changed, that test is also not discussed
in this document.
The cutting test for opaque glassware
is used for opaque glassware and
translucent glassware that cannot be
examined polariscopically because they
do not transmit adequate polarized
light. In order to perform the test under
current procedures, T.D. 94–26 states
that the analyst must initially ensure
that a saw is equipped with a
continuous rim diamond blade that is
designed for wet cutting glass. The
analyst must then adjust the cutting
head of the saw vertically and
horizontally, as necessary, to
accommodate the glassware article and
ensure that the water supply to both
sides of the diamond-rimmed blade is
adequate. The saw is then turned on and
the glassware article is slowly moved
into contact with the blade where it is
cut as necessary. In order to provide
guidance in interpreting the results
obtained from this test, T.D. 94–26
states that annealed (non-tempered)
glassware will readily accept the
diamond-rimmed blade and will be
cleanly cut in half. Tempered glass, on
the other hand, will break into pieces
when cut. In addition, it is noted that
tempered soda lime and borosilicate
glass will break almost immediately,
whereas tempered fluorosilicate glass
will not break until the blade has cut
through at least part of the article. The
extent of cutting needed to induce
breakage under this test may vary from
item to item, but in no event will
E:\FR\FM\09JAN1.SGM
09JAN1
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Federal Register / Vol. 73, No. 6 / Wednesday, January 9, 2008 / Notices
tempered articles be cleanly cut in half
by the diamond-rimmed blade.
pwalker on PROD1PC71 with NOTICES
Proposed Changes to Cutting Test for
Opaque Glassware
This document proposes changes to
the cutting test for opaque glassware set
forth in T.D. 94–26. Specifically, it is
proposed to revise the criteria used to
interpret the results obtained from the
test and to add an interpretation of
breakage in the test because the
guidelines set forth in T.D. 94–26 did
not clearly explain how such breakage
should be interpreted. Under the
proposal, CBP will interpret the test
such that the presence of ‘‘some’’ dicing
or crazing would be sufficient to
determine that a glass article has been
specially tempered for tariff
classification purposes. Under this
standard, ‘‘some’’ would be considered
to be any diced, crazed (gravel that
remains tenuously in contact with
neighboring pieces), or graveled
(presence of small cubes of
approximately equal dimensions on all
six sides) fragments yielded from the cut
sample that is more than just a fugitive
diced, crazed, or graveled fragment.
Also under the proposal, the references
to tempered soda lime, borosilicate, and
fluorosilicate glass that are currently in
the test would be removed because the
composition of the glass is not relevant
for testing purposes.
Proposal To Add Center Punch Test
This document also proposes to
reinstate a previously used test, referred
to as the center punch test, to be used
for the testing of pressed and toughened
(specially tempered) glassware. It is also
suggested that if a sample is less than
five inches in diameter or five inches
wide, it would be considered too
dangerous to perform the cutting test. In
this case, the center punch test is
preferable. The center punch apparatus
to be used for this test must be a slender
tool approximately 8″ to 12″ in length
having one end tapered to a point. The
tool must be long enough to allow its
insertion into tall-form tumblers and
other articles of similar shape while
permitting the nonpointed end to
extend above the rim. This is necessary
for handling and safety purposes when
performing the center punch test. The
pointed end of the center punch should
not be so sharp that it chips the
glassware on contact without applying
pressure.
In order to perform the center punch
test under the proposal, a sample would
initially be set on a solid, level surface.
The analyst would then place the
pointed end of the center punch
vertically against the inside center
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17:53 Jan 08, 2008
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bottom or heel. The analyst would strike
the dull end of the punch with a
hammer, using blows of gradually
increasing severity until breakage
occurs. The breakage pattern,
approximate number, and relative shape
and size of the fragments would then be
noted. Thereafter, the breakage pattern
and/or typical fragments would be
photographed. In order to interpret the
results of the proposed center punch
test, it is only necessary for the broken
sample to exhibit ‘‘some’’ dicing,
crazing, or graveling in order to be
considered tempered for CBP purposes.
‘‘Some’’ would be considered to be any
diced, crazed, or graveled fragments
yielded by the broken sample that is
more than just a fugitive diced, crazed,
or graveled fragment.
Dated: January 3, 2008.
Ira S. Reese,
Executive Director, Laboratories and
Scientific Services, U.S. Customs and Border
Protection.
[FR Doc. E8–241 Filed 1–8–08; 8:45 am]
Proposal To Add Option To Use
Additional Tests
SUMMARY: In accordance with the Steens
Mountain Cooperative Management and
Protection Act of 2000, the Federal Land
Policy and Management Act, and the
Federal Advisory Committee Act of
1972, the U.S. Department of the
Interior, Bureau of Land Management,
Steens Mountain Advisory Council will
meet as indicated below:
DATES: The Steens Mountain Advisory
Council will meet at the Bureau of Land
Management Burns District Office,
28910 Highway 20 West, Hines, Oregon,
97738, on January 31 and February 1,
2008; March 13 and 14, 2008; and
December 4 and 5, 2008.
A meeting in Bend, Oregon, at the
Comfort Inn and Suites, 62065 SE 27th
Street, will be held May 1 and 2, 2008,
and a meeting September 11 and 12,
2008, will be held at the Frenchglen
School, Frenchglen, Oregon. All
meeting sessions will begin at 8 a.m.
local time, and will end at
approximately 4:30 p.m., local time.
SUPPLEMENTARY INFORMATION: The
Steens Mountain Advisory Council was
appointed by the Secretary of the
Interior on August 14, 2001, pursuant to
the Steens Mountain Cooperative
Management and Protection Act of 2000
(Pub. L. 106–399) and re-chartered in
August 2003 and again in August 2005.
The Steens Mountain Advisory
Council’s purpose is to provide
representative counsel and advice to the
Bureau of Land Management regarding
new and unique approaches to
management of the land within the
bounds of the Steens Mountain
Cooperative Management and Protection
Area; cooperative programs and
incentives for landscape management
that meet human needs, maintain and
improve the ecological and economic
integrity of the area; and preparation
and implementation of a management
In addition, this document proposes
to provide for the optional use of
additional tests. The additional tests
would be used by CBP only to verify the
results obtained from the testing
procedures specifically identified in this
document. The additional tests would
facilitate the overall testing process by
ensuring that the results obtained from
the testing procedures specifically
identified in this document are accurate.
Solicitation of Comments
Accordingly, as set forth above, it is
proposed to revise the methods
employed by CBP to test pressed and
toughened (specially tempered)
glassware by modifying the cutting test
for opaque glassware, providing a
description of the center punch
apparatus, and reinstating the center
punch test. In addition, it is proposed to
provide for the optional use of
additional tests that would be used only
to verify the results obtained from the
testing procedures specifically
identified in this document. Prior to
making any final changes to the current
procedures for the testing of pressed and
toughened (specially tempered)
glassware, as set forth in T.D. 94–26,
consideration will be given to written
comments timely submitted in
accordance with the instructions set
forth in the ADDRESSES section of this
document. This consideration may
include a rigorous assessment of any
suggested techniques or methods
through an interlaboratory testing
program. If the changes proposed in this
notice are adopted, CBP will publish a
complete revised standard reflecting the
adopted changes.
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BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR–027–1020–PI–020H; G–08–0039]
Notice of Public Meetings for the
Steens Mountain Advisory Council
Bureau of Land Management,
Department of the Interior.
ACTION: Notice of Public Meetings.
AGENCY:
E:\FR\FM\09JAN1.SGM
09JAN1
]]>Agencies
[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Notices]
[Pages 1640-1642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-241]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[USCBP-2007-0099]
Testing of Pressed and Toughened (Specially Tempered) Glassware
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: This document proposes modifications to the standard applied
by U.S. Customs and Border Protection (``CBP'') for the testing of
pressed and toughened (specially tempered) glassware, as set forth in
Treasury Decision (T.D.) 94-26, published in the Federal Register on
March 22, 1994. In this regard, this document proposes revised criteria
for interpreting the results obtained from the cutting test for opaque
glassware and sets forth an interpretation of breakage in that test.
This document also proposes to reinstate a previously used testing
method, referred to as the center punch test, and sets forth a
description of the center punch apparatus to be used for the proposed
test. In addition, it is proposed to provide for the optional use of
additional tests that would be used to verify the results obtained from
the testing procedures specifically identified in this document. This
document invites the public to submit comments to CBP on the proposed
modifications to the standards for the testing of pressed and toughened
(specially tempered) glassware.
[[Page 1641]]
DATES: Comments must be received on or before February 25, 2008.
ADDRESSES: You may submit comments, identified by docket number USCBP
2007-0099, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments via docket number USCBP
2007-0099.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania
Avenue, NW. (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include the agency name
and docket number for this general notice. All comments received will
be posted without change to https://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Comments submitted
and the current testing method used by CBP will also be available for
public inspection in accordance with the Freedom of Information Act (5
U.S.C. 552) and Sec. 103.11(b) of the Customs and Border Protection
Regulations (19 CFR 103.11(b)), on regular business days between the
hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations
Branch, Regulations and Rulings, U.S. Customs and Border Protection,
799 9th Street, NW. (5th Floor), Washington, DC. Arrangements to
inspect submitted comments should be made in advance by calling Joseph
Clark at (202) 572-8768.
FOR FURTHER INFORMATION CONTACT: Margaret Chinn, Office of Information
and Technology, Laboratories and Scientific Services, (202) 344-1566;
Stephen Cassata, Office of Information and Technology, Laboratories and
Scientific Services, (202) 344-1309.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to submit written data, views, or
arguments on all aspects of this general notice. If appropriate to a
specific comment, the commenter should reference the specific portion
of the general notice, explain the reason for any suggested change, and
include data, information, or authority that support such recommended
change.
Background
This document proposes modifications to the criteria currently
utilized by U.S. Customs and Border Protection (``CBP'') to test
certain glassware articles to ascertain whether they are ``pressed and
toughened (specially tempered)'' for tariff classification purposes
under the Harmonized Tariff Schedule of the United States (``HTSUS'').
The glassware articles subject to such testing procedures are generally
imported into the United States under subheadings 7013.28.05,
7013.37.05, 7013.42.10, 7013.49.10, and 7013.99.20, HTSUS. It should be
noted that articles of ``safety glass, consisting of toughened
(tempered) or laminated glass'' that are normally imported under
heading 7007, HTSUS (e.g., architectural plate glass and vehicle
windshields), are not within the purview of this notice. As such, CBP
is not soliciting comments regarding the methods employed to analyze
those articles.
Information regarding the apparatus used, glass sample preparation,
and the actual methods employed by CBP to test glassware articles to
determine whether they are pressed and toughened (specially tempered)
were set forth in the Federal Register (59 FR 13531, March 22, 1994;
see also, 59 FR 16895, April 8, 1994, correcting ``T.D. 94-25'' to
``T.D. 94-26''). Under T.D. 94-26, photographic equipment,
polariscopes, tile saws (or similar table-mounted circular saws), or
other apparatus and supplies, such as calipers, ovens, and water baths,
may be used to test subject glassware articles. With respect to sample
preparation, T.D. 94-26 provides that a representative number of
samples should be analyzed but recognizes the possibility that only one
sample may be available for testing.
The analysis method to be used for the testing of pressed and
toughened (specially tempered) glassware under T.D. 94-26 consists of
three tests. They are the ``macroscopic analysis'', ``thermal shock
test'', and ``evaluation of temper''. The evaluation of temper test
utilizes a polariscope for transparent or translucent glassware and a
cutting test for opaque glassware.
This document proposes modifications to the cutting test for opaque
glassware. Under the proposal, the testing procedures for the
macroscopic test, thermal shock test, and polariscopic examination
aspect of the evaluation of temper test will remain the same. This
document also sets forth proposed guidelines for the reinstatement of a
previously used test referred to as the ``center punch test'', and adds
a description of the center punch apparatus that will be used for the
test. In addition, this document proposes to provide for the optional
use of additional tests that would be used only to verify the results
obtained from the testing procedures specifically identified in this
document. A more detailed description of the modifications proposed to
the standards for the testing of pressed and toughened (specially
tempered) glassware is set forth below.
Current Procedures
As noted above, the analysis method to be used for the testing of
pressed and toughened (specially tempered) glassware consists of the
macroscopic analysis, thermal shock test, and evaluation of temper. As
it is not proposed to change the macroscopic analysis or thermal shock
test, those tests are not described in this document. Likewise, as the
polariscopic examination portion of the evaluation of temper test is
not proposed to be changed, that test is also not discussed in this
document.
The cutting test for opaque glassware is used for opaque glassware
and translucent glassware that cannot be examined polariscopically
because they do not transmit adequate polarized light. In order to
perform the test under current procedures, T.D. 94-26 states that the
analyst must initially ensure that a saw is equipped with a continuous
rim diamond blade that is designed for wet cutting glass. The analyst
must then adjust the cutting head of the saw vertically and
horizontally, as necessary, to accommodate the glassware article and
ensure that the water supply to both sides of the diamond-rimmed blade
is adequate. The saw is then turned on and the glassware article is
slowly moved into contact with the blade where it is cut as necessary.
In order to provide guidance in interpreting the results obtained from
this test, T.D. 94-26 states that annealed (non-tempered) glassware
will readily accept the diamond-rimmed blade and will be cleanly cut in
half. Tempered glass, on the other hand, will break into pieces when
cut. In addition, it is noted that tempered soda lime and borosilicate
glass will break almost immediately, whereas tempered fluorosilicate
glass will not break until the blade has cut through at least part of
the article. The extent of cutting needed to induce breakage under this
test may vary from item to item, but in no event will
[[Page 1642]]
tempered articles be cleanly cut in half by the diamond-rimmed blade.
Proposed Changes to Cutting Test for Opaque Glassware
This document proposes changes to the cutting test for opaque
glassware set forth in T.D. 94-26. Specifically, it is proposed to
revise the criteria used to interpret the results obtained from the
test and to add an interpretation of breakage in the test because the
guidelines set forth in T.D. 94-26 did not clearly explain how such
breakage should be interpreted. Under the proposal, CBP will interpret
the test such that the presence of ``some'' dicing or crazing would be
sufficient to determine that a glass article has been specially
tempered for tariff classification purposes. Under this standard,
``some'' would be considered to be any diced, crazed (gravel that
remains tenuously in contact with neighboring pieces), or graveled
(presence of small cubes of approximately equal dimensions on all six
sides) fragments yielded from the cut sample that is more than just a
fugitive diced, crazed, or graveled fragment. Also under the proposal,
the references to tempered soda lime, borosilicate, and fluorosilicate
glass that are currently in the test would be removed because the
composition of the glass is not relevant for testing purposes.
Proposal To Add Center Punch Test
This document also proposes to reinstate a previously used test,
referred to as the center punch test, to be used for the testing of
pressed and toughened (specially tempered) glassware. It is also
suggested that if a sample is less than five inches in diameter or five
inches wide, it would be considered too dangerous to perform the
cutting test. In this case, the center punch test is preferable. The
center punch apparatus to be used for this test must be a slender tool
approximately 8'' to 12'' in length having one end tapered to a point.
The tool must be long enough to allow its insertion into tall-form
tumblers and other articles of similar shape while permitting the
nonpointed end to extend above the rim. This is necessary for handling
and safety purposes when performing the center punch test. The pointed
end of the center punch should not be so sharp that it chips the
glassware on contact without applying pressure.
In order to perform the center punch test under the proposal, a
sample would initially be set on a solid, level surface. The analyst
would then place the pointed end of the center punch vertically against
the inside center bottom or heel. The analyst would strike the dull end
of the punch with a hammer, using blows of gradually increasing
severity until breakage occurs. The breakage pattern, approximate
number, and relative shape and size of the fragments would then be
noted. Thereafter, the breakage pattern and/or typical fragments would
be photographed. In order to interpret the results of the proposed
center punch test, it is only necessary for the broken sample to
exhibit ``some'' dicing, crazing, or graveling in order to be
considered tempered for CBP purposes. ``Some'' would be considered to
be any diced, crazed, or graveled fragments yielded by the broken
sample that is more than just a fugitive diced, crazed, or graveled
fragment.
Proposal To Add Option To Use Additional Tests
In addition, this document proposes to provide for the optional use
of additional tests. The additional tests would be used by CBP only to
verify the results obtained from the testing procedures specifically
identified in this document. The additional tests would facilitate the
overall testing process by ensuring that the results obtained from the
testing procedures specifically identified in this document are
accurate.
Solicitation of Comments
Accordingly, as set forth above, it is proposed to revise the
methods employed by CBP to test pressed and toughened (specially
tempered) glassware by modifying the cutting test for opaque glassware,
providing a description of the center punch apparatus, and reinstating
the center punch test. In addition, it is proposed to provide for the
optional use of additional tests that would be used only to verify the
results obtained from the testing procedures specifically identified in
this document. Prior to making any final changes to the current
procedures for the testing of pressed and toughened (specially
tempered) glassware, as set forth in T.D. 94-26, consideration will be
given to written comments timely submitted in accordance with the
instructions set forth in the ADDRESSES section of this document. This
consideration may include a rigorous assessment of any suggested
techniques or methods through an interlaboratory testing program. If
the changes proposed in this notice are adopted, CBP will publish a
complete revised standard reflecting the adopted changes.
Dated: January 3, 2008.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services, U.S. Customs
and Border Protection.
[FR Doc. E8-241 Filed 1-8-08; 8:45 am]
BILLING CODE 9111-14-P
