Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Notices 62797

the 76th session of the IMO Legal

Committee, which was held October 13–

17, 1997, in London, regarding the

provision of financial security for

seagoing vessels (focussing on security

for passenger claims), compensation for

pollution from ships’ bunkers, a draft

convention on wreak removal, the

carriage by sea of radioactive materials,

and other matters. This meeting will

also be a further opportunity for

interested members of the public to

express their views on whether the

United States should ratify the 1996

Hazardous and Noxious Substances

Convention, or the 1996 protocol to the

Limitation of Liability for Maritime

Claims convention of 1976, both

adopted in London in May, 1996.

Members of the public are invited to

attend the SHC meeting, up to the

seating capacity of the room. For further

information, or to submit views

concerning the subjects of discussion,

write to either Captain Malcolm J.

Williams, Jr., or Lieutenant Commander

Bruce P. Dalcher, U.S. Coast Guard (G–

LMI), 2100 Second Street, S.W.,

Washington, D.C. 20593, or by

telephone (202) 267–1527, telefax (202)

267–4496.

Dated: November 20, 1997.

Russell A. La Mantia,

Chairman, Shipping Coordinating Committee.

[FR Doc. 97–30920 Filed 11–24–97; 8:45 am]

BILLING CODE 4710–07–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

Request of the Government of Anguilla

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: Anguilla 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 Anguilla’s eligibility for

such designation.

DATES: Comments are due at USTR by

January 2, 1998.

ADDRESSES: Comments should be

addressed to: Susan Cronin, Director for

Caribbean and Central American Affairs,

Office of the U.S. Trade Representative,

600 17th Street, N.W., Room 523,

Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:

Susan Cronin, Director for Caribbean

and Central American Affairs, Office of

the United States Trade Representative,

600 17th Street, N.W., Room 523,

Washington, DC 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. Anguilla 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 CEBRA 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

property 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 disputes;

(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

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;
62798 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Notices

(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

provide 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

Anguilla 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., Friday,

January 2, 1998. 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. 97–30954 Filed 11–24–97; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–97–3129; Notice 1]

Ford Motor Company; Receipt of

Application for Decision of

Inconsequential Noncompliance

Ford Motor Company, Dearborn,

Michigan, has estimated that

approximately 853,000 of the 1995–

1997 Ford Explorer and 1997 Mercury

Mountaineer vehicles with console

armrests fail to comply with 49 CFR

571.302, Federal Motor Vehicle Safety

Standard (FMVSS) No. 302,

‘‘Flammability of Interior Materials,’’

and has filed an appropriate report

pursuant to 49 CFR Part 573, ‘‘Defects

and Noncompliance Reports.’’ Ford has

also petitioned to be exempted from the

notification and remedy requirements of

49 U.S.C. Chapter 301—‘‘Motor Vehicle

Safety’’ on the basis that the

noncompliance is inconsequential as it

relates to motor vehicle safety.

This notice of receipt of a petition is

published under 49 U.S.C. 30118 and

30120 and does not represent any

agency decision or other exercise of

judgment concerning the merits of the

petition.

FMVSS No. 302, Paragraphs S4.2 and

S4.3 specify that any portion of a single

or composite material which is within

1⁄2 inch of the occupant compartment air

space, when tested in accordance with

paragraph S5, shall not burn, nor

transmit a flame across its surface at a

rate of more than 4 inches per minute.

Composite is defined as a material that

adheres to other material(s) at every

point of contact. FMVSS No. 302’s burn

rate testing requires a 4-inch wide by

14-inch long sample, wherever possible

(S5.2).

The Ford armrest has multi-layer

cover materials: a 1.5mm thick exterior

cover, a 2mm thick second layer

Ethylene Vinyl Acetate/Polyethylene

(EVA/PE), referred to in the petition as

‘‘plus pad,’’ a 13mm thick third layer

foam bun pad, and a 3mm

polycarbonate substratum. The subject

flammable interior material of Ford’s

petition for determination of

inconsequential noncompliance is the

2mm thick ‘‘plus pad’’ layer.

Ford acknowledged that the ‘‘plus

pad’’ material is not adhered to its

1.5mm exterior cover material or the

13mm foam bun under it at every point

of contact. Therefore, as specified in

FMVSS No. 302, the ‘‘plus pad’’

material cannot be tested with other

materials as a composite material and

has to be tested separately. Ford

reported that when the ‘‘plus pad’’

material was tested separately, it

showed a burn rate range from 8 to 10

inches per minute—a noncompliance to

FMVSS No. 302. Ford stated that all

other affected materials in the armrest

satisfy the 4-inch per minute burn rate,

presumably they were tested according

to the standard’s requirements. Ford

explained that the supplier of the ‘‘plus

pad’’ material only ‘‘certified’’ the raw

material for FMVSS No. 302 by testing

11mm thick samples, not the designed

2mm thickness.

Ford supports its application for

inconsequential noncompliance with

the following:

A. Ford stated that the FMVSS No.

302 burn rate testing requirement of

cutting a sample from the ‘‘normal

configuration and packaging in the

vehicle’’ is conservative in regard to the

actual fire spreading potential of the

tested material.

B. The 2mm ‘‘plus pad’’ failed the

FMVSS No. 302 test requirements when

tested as a single material. However, a

series of further testing demonstrates

that the noncompliance does not

adversely affect occupant safety because

it does not increase the burn rates of the

assembly or the adjacent materials in

the assembly to levels higher than

specified by FMVSS No. 302.

C. The ‘‘plus pad’’ counts less than 10

percent of the armrest material and is an

insignificant percentage of the vehicle’s

remaining materials. All other

flammable interior materials of the

subject vehicles complied with FMVSS

No. 302. Therefore, the noncompliance

of the ‘‘plus pad’’ offers an insignificant

portion of interior materials that could

potentially support an interior fire.

Ford attached the following summary

results of several alternative tests,

including a worse case scenario test:

1. FMVSS No. 302 type tests (cover,

plus pad, and foam)—treated the