Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Notices 52805

7 17 CFR 200.30–3(a)(12).

Register or within such longer period (i)

as the Commission may designate, up to

90 days of such date if it finds such

longer period to be appropriate and

publishes its reasons for so finding; or

(ii) as to which the PHLX consents, the

Commission will:

A. by order approve such proposed

rule change, or

B. institute proceedings to determine

whether the proposed rule change

should be disapproved.

IV. Solicitation of Comments

Interested persons are invited to

submit written data, views and

arguments concerning the foregoing.

Persons making written submissions

should file six copies thereof with the

Secretary, Securities and Exchange

Commission, 450 Fifth Street, NW,

Washington, DC 20549. Copies of the

submission, all subsequent

amendments, all written statements

with respect to the proposed rule

change that are filed with the

Commission, and all written

communications relating to the

proposed rule change between the

Commission and any person, other than

those that may be withheld from the

public in accordance with the

provisions of 5 U.S.C. 552, will be

available for inspection and copying in

the Commission’s Public Reference

Section, 450 Fifth Street, NW,

Washington, DC 20549. Copies of such

filing will also be available for

inspection and copying at the principal

office of the PHLX. All submissions

should refer to File No. SR–PHLX–97–

39 and should be submitted by October

30, 1997.

For the Commission by the Division of

Market Regulation, pursuant to delegated

authority.7

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–26722 Filed 10–8–97; 8:45 am]

BILLING CODE 8010–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Request of the Government of

Suriname to be Designated a

Beneficiary of the Caribbean Basin

Economic Recovery Act; Request for

Public Comment

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice; request for public

comment.

SUMMARY: Suriname has requested

designation as a beneficiary country

under the Caribbean Basin Economic

Recovery Act. Interested parties are

invited to submit comments relevant to

the criteria to be examined in

determining Suriname’s eligibility for

such designation.

DATES: Comments are due at USTR by

October 30, 1997.

ADDRESSES: Comments should be

addressed to: Susan Cronin, Director for

Caribbean and Central American Affairs,

Office of U.S. Trade Representative, 600

17th Street, N.W., Room 523,

Washington, D.C. 20506.

FOR FURTHER INFORMATION CONTACT:

Susan Cronin, Director for Caribbean

and Central American Affairs, Office of

United States Trade Representative, 600

17th Street, N.W., Room 523,

Washington, D.C. 20506; (202) 395–

5190.

SUPPLEMENTARY INFORMATION: The

Caribbean Basin Economic Recovery Act

(the ‘‘CBERA’’) (Title II, Pub. L. 98–67,

as amended (19 U.S.C. 2701 et seq.))

authorizes the President to proclaim

duty-free treatment for eligible articles

from designated beneficiary countries in

the Caribbean Basin. Suriname has

requested designation as a beneficiary

country under the CBERA.

Section 212(b) of the CBERA provides

that the President shall not designate

any country a CBERA beneficiary

country—

(1) If such country is a Communist

country;

(2) If such country

(A) Has nationalized, expropriated or

otherwise seized ownership or control

of property owned by a United States

citizen or by a corporation, partnership,

or association which is 50 per centum

or more beneficially owned by United

States citizens,

(B) Has taken steps to repudiate or

nullify—

(i) Any existing contract or agreement

with, or

(ii) Any patent, trademark, or other

intellectual property of, a United States

citizen or a corporation, partnership, or

association which is 50 per centum or

more beneficially owned by United

States citizens, the effect of which is to

nationalize, expropriate, or otherwise

seize ownership or control of propriety

so owned, or

(C) Has imposed or enforced taxes or

other exactions, restrictive maintenance

or operational conditions, or other

measures with respect to property so

owned, the effect of which is to

nationalize, expropriate, or otherwise

seize ownership or control of such

property, unless the President

determines that—

(i) Prompt, adequate, and effective

compensation has been or is being made

to such citizen, corporation,

partnership, or association.

(ii) Good-faith negotiations to provide

prompt, adequate, and effective

compensation under the applicable

provisions of international law are in

progress, or such country is otherwise

taking steps to discharge its obligations

under international law with respect to

such citizen, corporation, partnership,

or association, or

(iii) A dispute involving such citizen,

corporation, partnership, or association,

over compensation for such a seizure

has been submitted to arbitration under

the provisions of the Convention for the

Settlement of Investment Disputes, or in

another mutually agreed upon forum,

and promptly furnishes a copy of such

determination to the Senate and House

of Representatives;

(3) If such country fails to act in good

faith in recognizing as binding or in

enforcing arbitral awards in favor of

United States citizens or a corporation,

partnership or association which is 50

per centum or more beneficially owned

by United States citizens, which have

been made by arbitrators appointed for

each case or by permanent arbitral

bodies to which the parties involved

have submitted their dispute;

(4) If such country affords preferential

treatment to the products of a developed

country, other than the United States,

which has, or is likely to have, a

significant adverse effect on United

States commerce, unless the President

has received assurances satisfactory to

him that such preferential treatment

will be eliminated or that action will be

taken to assure that there will be no

such significant adverse effect, and he

reports those assurances to the

Congress;

(5) If a government-owned entity in

such country engages in the broadcast of

copyrighted material, including films or

television material, belonging to United

States copyright owners without their

express consent;

(6) Unless such country is a signatory

to a treaty, convention, protocol, or

other agreement regarding the

extradition of United States citizens;

and

(7) If such country has not or is not

taking steps to afford internationally

recognized worker rights (as defined in

section 502(a)(4) of the Trade Act of

1974) to workers in the country

(including any designated zone in that

country).

Paragraphs (1), (2), (3), (5), and (7)

shall not prevent the designation of any
52806 Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Notices

country as a beneficiary country under

this Act if the President determines that

such designation will be in the national

economic or security interest of the

United States and reports such

determination to the Congress with his

reasons therefor.

Section 212(c) of the CBERA provides

that the President, in determining

whether to designate any country a

CBERA beneficiary country, shall take

into account—

(1) An expression by such country of

its desire to be so designated;

(2) The economic conditions in such

country, the living standards of its

inhabitants, and any other economic

factors which he deems appropriate;

(3) The extent to which such country

has assured the United States it will

provide equitable and reasonable access

to the markets and basic commodity

resources of such country;

(4) The degree to which such country

follows the accepted rules of

international trade provided for under

the General Agreement on Tariffs and

Trade, as well as applicable trade

agreements approved under section 2(a)

of the Trade Agreements Act of 1979;

(5) The degree to which such country

uses export subsidies or imposes export

performance requirements or local

content requirements which distort

international trade;

(6) The degree to which the trade

policies of such country as they relate

to other beneficiary countries are

contributing to the revitalization of the

region;

(7) The degree to which such country

is undertaking self-help measures to

promote its own economic

development;

(8) Whether or not such country has

taken or is taking steps to afford to

workers in that country (including any

designated zone in that country)

internationally recognized worker

rights.

(9) The extent to which such country

provides under its law adequate and

effective means for foreign nationals to

secure, exercise, and enforce exclusive

rights in intellectual property, including

patent, trademark, and copyright rights;

(10) The extent to which such country

prohibits its nationals from engaging in

the broadcast of copyrighted material,

including films or television material,

belonging to United States copyright

owners without their express consent;

and

(11) The extent to which such country

is prepared to cooperate with the United

States in the administration of the

provisions of this title.

Interested parties are invited to

submit comments on the application to

Suriname of some or all of these criteria

for designation.

Public Comments

Interested parties must provide twelve

copies of any comments, which must be

in English and which must be received

at USTR no later than 5 p.m., Thursday,

October 30, 1997. If the comments

contain business confidential

information, ten copies of a nonconfidential version must also be

submitted. A justification as to why the

information contained in the comments

should be treated confidentially must be

included in the comments. In addition,

comments containing confidential

information should be clearly marked

‘‘confidential’’ at the top of each page.

The version that does not contain

confidential information should be

clearly marked ‘‘public version’’ or

‘‘non-confidential’’ at the top of each

page.

Comments submitted in response to

this notice, except for information

granted ‘‘business confidential’’ status

pursuant to 15 CFR 2007.7, will be

available for public inspection shortly

after the filing deadline, by appointment

with the staff of the USTR Public

Reading Room (202 395–6186).

Frederick L. Montgomery,

Chairman, Trade Policy Staff Committee.

[FR Doc. 97–26783 Filed 10–8–97; 8:45 am]

BILLING CODE 3190–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Notice of Meeting of the Trade and

Environment Policy Advisory

Committee

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice that the October 21,

1997, meeting of the Trade and

Environment Policy Advisory

Committee will be held from 2:00 p.m.

to 5:30 p.m. The meeting will be closed

to the public from 2:00 p.m. to 5:00 p.m.

The meeting will be open to the public

from 5:00 p.m. to 5:30 p.m.

SUMMARY: The Trade and Environment

Policy Advisory Committee will hold a

meeting on October 21, 1996, from 2:00

p.m. to 5:30 p.m. The meeting will be

closed to the public from 2:00 p.m. to

5:00 p.m. The meeting will include a

review and discussion of current issues

affecting U.S. trade policy. Pursuant to

Section 2155(f)(2) of Title 19 of the

United States Code, I have determined

that this portion of the meeting will be

concerned with matters the disclosure

of which would seriously compromise

the development by the United States

Government of Trade policy, priorities,

negotiating objectives or bargaining

positions with respect to the operation

of any trade agreement and other

matters arising in connection with the

development, implementation and

administration of the trade policy of the

United States. Those wishing to submit

written comments on the meeting may

submit them to Bill Daley, Jr., Office of

the U.S. Trade Representative, 600

Seventeenth Street, N.W., Washington,

D.C. 20508.

DATES: The meeting is scheduled for

October 21, 1997, unless otherwise

notified.

ADDRESSES: The meeting will be held at

the Jefferson Hotel, 16th and M Streets,

Washington, D.C., unless otherwise

notified.

FOR FURTHER INFORMATION CONTACT: Bill

Daley, Jr., Office of Intergovernmental

Affairs and Public Liaison, Office of the

United States Trade Representative,

(202) 395–6120.

Charlene Barshefsky,

United States Trade Representative.

[FR Doc. 97–26847 Filed 10–8–97; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33470]

Central Kansas Railway, L.L.C.—Lease

Exemption—Union Pacific Railroad

Company

Central Kansas Railway, L.L.C. (CKR),

a Class III rail common carrier, has filed

a notice of exemption under 49 CFR

1150.41 to lease from Union Pacific

Railroad Company (UP) and operate two

rail lines totaling approximately 170.7

miles: (1) Between milepost 747.5, at

Towner, CO, and milepost 491.20, at

Bridgeport, KS; and

(2) Between milepost 530.6, at

Lindsborg, KS, and milepost 545.0, at

Sid, KS.

In conjunction with the lease of these

lines, CKR will acquire incidental

overhead trackage rights over UP’s 6.30-

mile rail line between milepost 545.0, at

Sid, KS, and milepost 551.30, at Salina,

KS.

The transaction is expected to be

consummated on or after October 3,

1997.

If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of