70882 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

to the foreign instrument which is being

manufactured in the United States.

Gerald A. Zerdy,

Program Manager, Statutory Import Programs

Staff.

[FR Doc. 00–30312 Filed 11–27–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[Docket No. 001027302–0302–01]

RIN: 0648 ZA98

National Sea Grant College Program—

National Marine Fisheries Service Joint

Graduate Fellowship Program in

Population Dynamics and Marine

Resource Economics

AGENCY: National Sea Grant College

Program, National Oceanic and

Atmospheric Administration,

Department of Commerce.

ACTION: Notice.

SUMMARY: This notice announces that

applications may be submitted for the

Graduate Fellowship Program in

Population Dynamics and Marine

Resource Economics (Program) jointly

established in 1999 by the National Sea

Grant College Program Office (NSGO),

in fulfilling its broad educational

responsibilities and to strengthen its

collaboration with the National Marine

Fisheries Service (NMFS), and NMFS,

in fulfilling its responsibilities to

manage, conserve, and protect the

Nation’s living marine resources within

the U.S. Exclusive Economic Zone and

to provide the sound scientific

information and analyses necessary for

those purposes. Contingent upon the

availability of Federal funds, the

Program will provide grants to support

four graduate students, two in

Population Dynamics and two in Marine

Resource Economics, who are United

States citizens and enrolled in relevant

PhD degree programs in any university

in the United States and its territories.

Fellows will work on thesis problems of

public interest and relevance and have

summer internships under the guidance

of a NMFS mentor at participating

NMFS Science Centers or Laboratories.

Applications must be submitted through

one of the state Sea Grant programs (see

below) (or to the National Sea Grant

Office only if an applicant is attending

a university in a non-Seas Grant state).

DATES: Applications must be received

by February 15, 2001 by a state Sea

Grant program (or the National Sea

Grant Office only if an applicant is

attending a university in a non-Sea

Grant state).

ADDRESSES: Applications should be

addressed to the nearest state Sea Grant

program (or the National Sea Grant

Office only if an applicant is attending

a university in a non-Sea Grant state).

Contact the appropriate state Sea Grant

program from the list below to obtain

the mailing address.

FOR FURTHER INFORMATION CONTACT:

Information can be obtained from Dr.

Emory D. Anderson, Program Director

for Fisheries, National Sea Grant College

Program, 1315 East-West Highway,

Silver Spring, MD 20910, tel: (301) 713–

2435 ext. 144, e-mail:

emory.anderson@noaa.gov; from any

state Sea Grant program (see below); or

from any participating NMFS facility

(see below).

Sea Grant Programs

University of Alaska—(907) 474–7086

University of California—(619) 534–

4440

University of Connecticit—(860) 405–

9128

University of Delaware—(302) 831–2841

University of Florida—(352) 392–5870

University of Georgia—(706) 542–6009

University of Hawaii—(808) 956–7031

University of Illinois—(765) 494–3593

Louisiana State University—(225) 388–

6710

University of Maine—(207) 581–1436

University of Maryland—(301) 405–

6209

Massachusetts Institute of Technology—

(617) 253–7131

University of Michigan—(734) 763–1437

University of Minnesota—(218) 726–

8106

Mississippi-Alabama Sea Grant

Consortium—(228) 875–9341

University of New Hampshire—(603)

862–0122

New Jersey Marine Science

Consortium—(732) 872–1300

State University of New York—(516)

632–6905

University of North Carolina—(919)

515–2454

Ohio State University—(614) 292–8949

Oregon State University—(541) 737–

2714

University of Puerto Rico—(787) 832–

3585

Purdue University—(765) 494–3593

University of Rhode Island—(401) 874–

6800

South Carolina Sea Grant Consortium—

(843) 727–2078

University of Southern California—(213)

740–1961

Texas A&M University—(409) 845–3854

Virginia Graduate Marine Science

Consortium—(804) 924–5965

University of Washington—(206) 543–

6600

University of Wisconsin—(608) 262–

0905

Woods Hole Oceanographic Institute—

(508) 289–2557

Participating NMFS Facilities for

Population Dynamics Fellowships

Alaska Fisheries Science Center

Auke Bay Laboratory, Juneau, AK;

Contact person: Phillip Rigby; Tel:

(907) 789–6653; E-mail:

phillip.rigby@noaa.gov

National Marine Mammal Laboratory,

Seattle, WA; Contact person: Douglas

DeMaster; Tel: (206) 526–4047; Email: douglas.demaster@noaa.gov

Resource Ecology and Fisheries

Management Division, Seattle, WA;

Contact person: Richard Marasco; Tel:

(206) 526–4172; E-mail:

rich.marasco@noaa.gov

Northwest Fisheries Science Center

Montlake Laboratory, Seattle, WA;

Contact person: Linda Jones; Tel:

(206) 860–3200; E-mail:

linda.jones@noaa.gov

Mark O. Hatfield Marine Science Center,

Newport, OR; Contact person: Linda

Jones; Tel: (206) 860–3200; E-mail:

linda.jones@noaa.gov

Northeast Fisheries Science Center

Woods Hole Laboratory, Woods Hole,

MA; Contact person: Fredric Serchuk;

Tel: (508) 495–2245; E-mail:

fred.serchuk@noaa.gov

Southeast Fisheries Science Center

Miami Laboratory, Miami, FL; Contact

person: Nancy Thompson; Tel: (305)

361–4285; E-mail:

nancy.thompson@noaa.gov

Beaufort Laboratory, Beaufort, NC;

Contact person: Douglas Vaughan;

Tel: (252) 728–8761; E-mail:

doug.vaughan@noaa.gov

Southwest Fisheries Science Center

La Jolla Laboratory, La Jolla, CA;

Contact person: Richard Neal; Tel:

(858) 546–7066; E-mail:

richard.a.neal@noaa.gov

Pacific Fisheries Environmental

Laboratory, Pacific Grove, CA; Contact

person: George Boehlert, Tel: (831)

648–8447; E-mail:

george.boehlert@noaa.gov

Honolulu Laboratory, Honolulu, HI;

Contact person: Jerry Wetherall; Tel:

(808) 983–5386; E-mail:

jerry.wetherall@noaa.gov

Santa Cruz Laboratory, Santa Cruz, CA;

Contact person: Churchill Grimes;

Tel: (831) 459–4879; E-mail:

churchill.grimes@noaa.gov

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70883

Participating NMFS Facilities for

Marine Resource Economics

Fellowships

Northeast Fisheries Science Center

Woods Hole Laboratory, Woods Hole,

MA; Contact person: Philip Logan;

Tel: (508) 495–2354; E-mail:

phil.logan@noaa.gov

Southeast Fisheries Science Center

Miami Laboratory, Miami, FL; Contact

person: Nancy Thompson; Tel: (305)

361–4285; E-mail:

nancy.thompson@noaa.gov.

Southwest Fisheries Science Center

La Jolla Laboratory, La Jolla, CA;

Contact person: Richard Neal; Tel:

(858) 546–7066; E-mail:

richard.a.neal@noaa.gov

Northwest Fisheries Science Center

Montlake Laboratory, Seattle, WA;

Contact person: Linda Jones; Tel:

(206) 860–3200; E-mail:

linda.jones@noaa.gov

Alaska Fisheries Science Center

Resource Ecology and Fisheries

Management Division, Seattle, WA;

Contact person: Joseph Terry; Tel:

(206) 526–4253; E-mail:

joe.terry@noaa.gov

SUPPLEMENTARY INFORMATION: National

Sea Grant College Program—National

Marine Fisheries Service Joint Graduate

Fellowship Program in Population

Dynamics and Marine Resource

Economics

I. Program Authority

Authority: 33 U.S.C. 1127. (Catalog of

Federal Domestic Assistance Number:

11.417, Sea Grant Support.)

II. Introduction

The National Sea Grant College

Program Office (NSGO) and the National

Marine Fisheries Service (NMFS)

established a new Graduate Fellowship

Program in Population Dynamics and

Marine Resource Economics (Program)

in 1999. Contingent upon the

availability of Federal funds, the

Program will award fellowships, to

begin in the summer, to four students

each year who are interested in careers

related to (1) the population dynamics

of living marine resources and the

development and implementation of

quantitative methods for assessing their

status, and (2) the economics of the

conservation and management of living

marine resources. Two fellowships will

be awarded each year in each of the

above two disciplines resulting in an

anticipated six students per discipline

eventually supported annually by

fellowships when the Program reaches

its maximum level three years following

its inception.

The fellowships will provide support

for up to three years for highly qualified

graduate students working towards a

PhD in population dynamics or related

fields of study and for up to two years

for highly qualified graduate students

working towards a PhD in marine

resource economics, natural resource

economics, or environmental

economics. Continued support after the

first year will be contingent upon the

availability of Federal funds and

satisfactory performance of the Fellow.

In addition to his/her major professor,

each Fellow will be required to work

closely with an expert (mentor) from

NMFS who will provide data for the

Fellow’s thesis, serve on the Fellow’s

committee, and host an annual summer

internship at the participating NMFS

facility.

The goals of the Program are to (1)

encourage qualified applicants to

pursue careers in (a) population

dynamics and stock assessment

methodology or (b) marine resource

economics; (2) increase available

expertise related to (a) the population

dynamics and assessment of stock status

of living marine resources or (b)

economic analysis of living marine

resource conservation and management

decisions; (3) foster closer relationships

between academic scientists and NMFS;

and (4) provide real-world experience to

graduate students and accelerate their

career development.

III. Eligibility

Any student may apply who is a

United States citizen. At the time of

application, prospective Population

Dynamics Fellows must be admitted to

a PhD degree program in population

dynamics or a related field such as

applied mathematics, statistics, or

quantitative ecology at a university in

the United States, or submit a signed

letter from the university indicating

provisional acceptance to a PhD degree

program conditional on obtaining

financial support such as this

fellowship. At the time of application,

prospective Marine Resource Economics

Fellows must be in the process of

completing at least two years of course

work in a PhD degree program in

natural resource economics or a related

field at a university in the United States.

IV. Award

The award for each fellowship,

contingent upon the availability of

Federal funds, will be in the form of a

grant of $38,000 per year, 50% ($19,000)

of which will be contributed by NMFS,

331⁄3% ($12,667) by the NSGO, and

162⁄3% ($6,333) by the university as the

required 50% match of NSGO funds.

The portion of the award provided to

each Fellow for salary (stipend), living

expenses (per diem), tuition (unless

waived), health insurance and other

university fees, and travel necessary to

carry out the proposed thesis research

and to attend the annual Fellows

meeting in the spring in Silver Spring,

MD will be determined and distributed

by the state Sea Grant program/

university in accordance with its

guidelines. Indirect costs are not

allowable for either the fellowship or for

any costs associated with the

fellowship, according to 15 CFR

917.11(e), Guidelines for Sea Grant

Fellowships.

V. Selection Criteria

Selection criteria will include (1)

relevant academic ability and

achievement, particularly quantitative

skills (35%); (2) demonstrated research

ability in the discipline and

appropriateness/importance of proposed

thesis topic (30%); (3) expertise of major

professor (20%); and (4) additional

relevant experience (15%).

VI. Selection

Selection is competitive. A review

panel consistent of experts in the two

disciplines and representatives from the

NSGO and NMFS will evaluate and rank

the candidates in accordance with the

above criteria. The panel members will

provide individual evaluations on each

candidate, but there will be no

consensus advice. Two Fellows will be

selected in each discipline by the

Fellowship Program Manager based in

part on the rankings provided by the

review panel. In addition, the Program

Manager will give priority to NMFS

Fisheries Science Centers which do not

currently have Fellows. Accordingly,

awards may not necessarily be made to

the two highest-scoring candidates in

each discipline.

VII. Timetable

February 15, 2001, 5 p.m. (local

time)—Applications due at state Sea

Grant program or NSGO (only if an

applicant is attending a university in a

non-Sea Grant state).

February 21, 2001, 5 p.m. EST—

Applications due at NSGO from state

Sea Grant programs.

April 1, 2001 (approximate)—

Successful Fellows may expect to be

notified.

June 1, 2001 (approximate)—

Fellowships awarded and will

commence.

70884 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

VIII. Participating NMFS Facilities

Mentors will be from participating

NMFS Science Centers, Laboratories, or

Regional Offices. Each Fellow will be

required to work as a summer intern at

the participating NMFS facility either

on his/her thesis or on appropriate

related problems. Remuneration for the

summer internship will be part of the

annual award. Population Dynamics

Fellows will also be expected to spend

10–20 days at sea per year learning

about sampling techniques and

problems, commercial fishing, fishery

biology, and local and regional issues of

importance to fisheries management.

Fellows may also work, as necessary, at

the participating NMFS facility during

some or all of the academic year at the

mutual discretion of mentor, major

professor, and Fellow.

IX. Reporting Requirements

Fellows will submit a one-page

description of their thesis research or

assignment based on discussions

involving mentor, major professor, and

Fellow to the Fellowship Program

Manager by April 30, 2001. The thesis

research or assignment description will

reflect a clear mutual understanding of

the substantive dimensions of the

project and its expected results.

Fellows will, for each year of their

fellowship, provide a written annual

summary of their accomplishments and

activities during the preceding year to

the Fellowship Program Manager. This

summary is due no later than one month

following the anniversary of the start of

the fellowship. Fellows will be expected

to present a review of their research

during the annual Fellows meeting held

in the spring in Silver Spring, MD.

X. Application Instructions

An application must be received by

February 15, 2001 by the state Sea Grant

program in the state in which the

student is or will be enrolled. If the

student is or will be enrolled in a

university in a non-Sea Grant state, the

application should be submitted to the

nearest state Sea Grant program. The

addresses of the state Sea Grant College

programs may be found at the following

Internet website: (http://

www.nsgo.seagrant.org/

SGDirectors.html) or may be obtained by

contacting the Program Manager, Dr.

Emory D. Anderson, at the National Sea

Grant Office (phone: 301–713–2435

x144 or e-mail:

emory.anderson@noaa.gov). The state

Sea Grant program must forward the

application to the NSGO, certifying that

the application was received by the due

date. Applications sent to the NSGO

should be addressed to: National Sea

Grant Office, R/SG, Attn: Mrs. Geraldine

Taylor, Graduate Fellowship

Competition, Room 11732, NOAA, 1315

East-West Highway, Silver Spring, MD

20910 (phone number for express mail

applications is 301–713–2445). An

applicant must contact the prospective

participating NMFS facility and mentor

prior to submitting the application, and

must include a letter of commitment

from the NMFS mentor in the

application. Each application package

should be completed with input from

the student, major professor, university,

and state Sea Grant program. All pages

should be single- or double-spaced,

typewritten in at least a 10-point font

with 1′′ margins and printed on 8.5′′ ×

11′′ paper. An original and at least 2

additional copies of the application

must be submitted. Each application

must include the first eight items listed

below, with the standard forms

indicated under Item 9 required only

with the final funding requests

submitted for the successful fellowship

applications.

(1) Complete curriculum vitae from

both student and major professor.

(2) An education and career goal

statement (not to exceed two pages)

from the applicant indicating the

number of years for which fellowship

support is being sought and the

applicant’s interest in (a) marine

population dynamics or the

development and implementation of

quantitative methods for assessing stock

status of living marine resources, or (b)

in marine resource economics (a

summary of the proposed thesis or the

general intended area of study should be

included, if available).

(3) Three signed letters of

recommendation, with at least one from

the student’s major professor.

(4) A signed letter of commitment

from the prospective NMFS mentor.

(5) Official copies of all

undergraduate and graduate student

transcripts.

(6) Proof of application, acceptance,

provisional acceptance, and enrollment

(only for Population Dynamics

applicants) in the case of students

entering graduate school (i.e., who have

not yet completed one semester of

graduate work) if they are selected for a

fellowship.

(7) Project Summary: The Sea Grant

Project Summary Form 90–2 should

preferably be used, but the universities

or state programs may use their own

form as long as it provides the same

information as the Sea Grant form. The

project summary should include: (a)

Title: Use the exact title as it appears in

the rest of the application. (b) Principal

Investigator: The applicant’s major

professor or the state Sea Grant director

may be used. (c) Funding request for

each year of the fellowship, including

matching funds. (d) Project Period: Start

and completion dates. Applications

should request a start date of June 1,

2001, or later. (e) Project Summary: This

should include the rationale for the

fellowship, the scientific or technical

objectives and/or hypotheses to be

tested in the Fellow’s thesis, and a brief

summary of work to be completed.

(8) Budget and Budget Justification:

There should be a separate budget for

each year as well as a cumulative

annual budget for the entire period of

the proposed fellowship. The Sea Grant

Budget Form 90–4 should preferably be

used, but the universities or state

programs may use their own form as

long as it provides the same information

as the Sea Grant form. A written

matching commitment, equal to 50% of

the NSGO amount (see above), from the

university to support the budget for the

period of the award must be provided.

Allocation of matching funds must be

specified in the budget and may consist

of up to 50% of a month’s salary of the

major professor, waived tuition,

equipment and supplies, and any other

costs typically used as matching funds.

In addition to stipend and tuition for the

applicant, the budget should include

funds for equipment, supplies, and

travel necessary to carry out the

proposed thesis research. Funds should

also be allocated for one trip per year to

the NOAA offices in Silver Spring, MD

for a meeting of all Fellows, mentors,

and relevant staff from the NSGO and

NMFS.

(9) Standard Application Forms:

Applicants may obtain all required

application forms at the following

Internet website: (http://

www.nsgo.seagrant.org/research/rfp/

index.html#3), from the state Sea Grant

programs, or from Dr. Emory D.

Anderson at the National Sea Grant

Office (phone: 301–713–2435 x144 or email: emory.anderson@noaa.gov). For

applications selected for fellowships,

the following forms must also be

included in the final request for

funding:

(a) Standard Form 424, Application

for Federal Assistance. Applications

should clearly identify the program area

being addressed by starting the project

title with ‘‘Graduate Fellowship’’. Please

note that both the Principal Investigator

and an administrative contact should be

identified in Section 5 of the SF–424.

For Section 10, applicants should enter

‘‘11.417’’ for the CFDA Number, and

‘‘Sea Grant Support’’ for the title. The

form must contain the original signature

Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices 70885

of an authorized representative of the

applying institution.

(b) Primary Applicant Certifications.

All primary applicants must submit a

completed Form CD–511,

‘‘Certifications Regarding Debarment,

Suspension and Other Responsibility

Matters; Drug-Free Workplace

Requirements and Lobbying’’, and the

following explanations are hereby

provided:

(i) Non-Procurement Debarment and

Suspension. Prospective participants (as

defined at 15 CFR Part 26, Section 105)

are subject to 15 CFR Part 26, ‘‘NonProcurement Debarment and

Suspension’’ and the related section of

the certification form prescribed above

applies;

(ii) Drug-Free Workplace. Grantees (as

defined at 15 CFR Part 26, Section 605)

are subject to 15 CFR Part 26, Subpart

F, ‘‘Government-wide Requirements for

Drug-Free Workplace (Grants)’’ and the

related section of the certification form

prescribed above applies;

(iii) Anti-Lobbying. Persons (as

defined at 15 CFR Part 28, Section 105)

are subject to the lobbying provisions of

31 U.S.C. 1352, ‘‘Limitation on use of

appropriated funds to influence certain

Federal contracting and financial

transactions’’, and the lobbying section

of the certification form prescribed

above applies to applications/bids for

grants, cooperative agreements, and

contracts for more than $100,000, and

loans and loan guarantees for more than

$150,000, or the single family maximum

mortgage limit for affected programs,

whichever is greater; and

(iv) Anti-Lobbying Disclosures. Any

applicant that has paid or will pay for

lobbying using any funds must submit

an SF–LLL, ‘‘Disclosure of Lobbying

Activities’’, as required under 15 CFR

Part 28, Appendix B.

(c) Lower Tier Certifications.

Recipients shall require applicants/

bidders for subgrants, contracts,

subcontracts, or other lower tier covered

transactions at any tier under the award

to submit, if applicable, a completed

Form CD–512, ‘‘Certifications Regarding

Debarment, Suspension, Ineligibility

and Voluntary Exclusion-Lower Tier

Covered Transactions and Lobbying’’

and disclosure form, SF–LLL,

‘‘Disclosure of Lobbying Activities’’.

Form CD–512 is intended for the use of

recipients and should not be transmitted

to the Department of Commerce (DOC).

SF–LLL submitted by any tier recipient

or subrecipient should be submitted to

DOC in accordance with the

instructions contained in the award

document.

XI. Other Requirements

(A) Federal Policies and Procedures—

Recipients and sub-recipients are

subject to all Federal laws and Federal

and Department of Commerce (DOC)

policies, regulations, and procedures

applicable to Federal financial

assistance awards.

(B) Past Performance—Unsatisfactory

performance under prior Federal awards

may result in an application not being

considered for funding.

(C) Pre-Award Activities—If

applicants incur any costs prior to an

award being made, they do so solely at

their own risk of not being reimbursed

by the Government. Notwithstanding

any verbal or written assurance that may

have been received, there is no

obligation on the part of DOC to cover

pre-award costs.

(D) No Obligation for Future

Funding—If an application is selected

for funding, DOC has no obligation to

provide any additional future funding in

connection with that award. Renewal of

an award to increase funding or extend

the period of performance is at the total

discretion of DOC.

(E) Delinquent Federal Debts—No

award of Federal funds shall be made to

an applicant who has an outstanding

delinquent Federal debt until either:

(1) The delinquent account is paid in

full,

(2) A negotiated repayment schedule

is established and at least one payment

is received, or

(3) Other arrangements satisfactory to

DOC are made.

(F) False Statements—A false

statement on an application is grounds

for denial or termination of funds and

grounds for possible punishment by a

fire or imprisonment as provided in 18

U.S.C. 1001.

(G) Intergovernmental Review—

Applications for support from the

National Sea Grant College Program are

not subject to Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs’’.

(H) Purchase of American-Made

Equipment and Products—Applicants

are hereby notified that they will be

encouraged, to the greatest extent

practicable, to purchase American-made

equipment and products with funding

provided under this program.

(I) Pursuant to Executive Orders

12876, 12900, and 13021, the

Department of Commerce, National

Oceanic and Atmospheric

Administration (DOC/NOAA) is

strongly committed to broadening the

participation of Historically Black

Colleges and Universities (HBCU),

Hispanic Serving Institutions (HSI), and

Tribal Colleges and Universities (TCU)

in its educational and research

programs. The DOC/NOAA vision,

mission, and goals are to achieve full

participation by Minority Serving

Institutions (MSI) in order to advance

the development of human potential, to

strengthen the nation’s capacity to

provide high-quality education, and to

increase opportunities for MSIs to

participate in and benefit from Federal

Financial Assistance programs. DOC/

NOAA encourages all applicants to

include meaningful participation of

MSIs. Institutions eligible to be

considered HBCU/MSIs are listed at the

following Internet website: http://

www.ed.gov/offices/OCR/99minin.html.

Classification

Prior notice and an opportunity for

public comments are not required by the

Administrative Procedure Act or any

other law for this notice concerning

grants, benefits, and contracts.

Therefore, a regulatory flexibility

analysis is not required for purposes of

the Regulatory Flexibility Act.

This action has been determined to be

not significant for purposes of E.O.

12866.

This notice contains a collection of

information requirements subject to the

Paperwork Reduction Act. The Sea

Grant Summary Form (90–2), the Sea

Grant Budget Form (90–4), and Standard

Form 424 have been approved under the

respective control numbers 0648–0362,

0648–0362, and 0348–0043, with the

average time per response of 20, 15, and

45 minutes. These estimates includes

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments on these estimates or any

other aspect of this collection to

National Sea Grant College Program, R/

SG, NOAA, 1315 East-West Highway,

Silver Spring, MD 20910 (Attention:

Francis S. Schuler) and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 (Attention:

NOAA Desk Officer). Notwithstanding

any other provision of the law, no

person is required to respond to, nor

shall any person be subject to a penalty

for failure to comply with, a collection

of information subject to the

requirements of the Paperwork

Reduction Act, unless that collection of

information displays a currently valid

OMB Control Number.

70886 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

Dated: November 21, 2000.

David L. Evans,

Assistant Administrator, Office of Oceanic

and Atmospheric Research, National Oceanic

and Atmospheric Administration.

Dated: November 21, 2000

William W. Fox, Jr.,

Director, Office of Science and Technology,

National Marine Fisheries Service, National

Oceanic and Atmospheric Administration.

[FR Doc. 00–30219 Filed 11–27–00; 8:45 am]

BILLING CODE 3510–KA–M

DEPARTMENT OF COMMERCE

United States Patent and Trademark

Office

RIN 0651–AB28

Request for Comments on Basic

Proposals for an Instrument on the

Protection of Audiovisual

Performances to be Considered by the

WIPO Diplomatic Conference

AGENCY: United States Patent and

Trademark Office, Commerce.

ACTION: Request for comments.

SUMMARY: The World Intellectual

Property Organization (WIPO) will

convene a Diplomatic Conference on the

Protection of Audiovisual Performances,

in Geneva, Switzerland, during

December 7–20, 2000. Two Basic

Proposals will form the basis for the

negotiations: the Basic Proposal for the

Substantive Provisions of an Instrument

on the Protection of Audiovisual

Performances to be Considered by the

Diplomatic Conference (document

IAVP/DC/3), which was prepared by the

Chairman of the Standing Committee on

Copyright and Related Rights (SCCR), is

available on the WIPO website at http:/

/www.wipo.int. The Basic Proposal for

Administrative and Final Provisions of

the Instrument (document IAVP/DC/4),

prepared by the International Bureau of

WIPO, is also available on the WIPO

website. The United States Patent and

Trademark Office (‘‘USPTO’’), in

cooperation with the United States

Copyright Office and the United States

Department of State, is seeking views of

the public on this effort and any

consequent potential changes to United

States law and practice. Comments

received will be shared among the

relevant agencies.

DATES: Comments should be submitted

on or before December 6, 2000.

ADDRESSES: Persons wishing to offer

written comments should address those

comments to the Director of the United

States Patent and Trademark Office, Box

4, United States Patent and Trademark

Office, Washington, DC 20231, marked

to the attention of Elizabeth Shaw.

Comments may also be submitted by

facsimile transmission to (703) 305–

7575 or by electronic mail through the

Internet to elizebeth.shaw2@uspto.gov.

All comments will be maintained for

public inspection in Room 902 of

Crystal Park II, 2121 Crystal Drive,

Arlington, Virginia. The relevant

negotiating documents may be found at

the WIPO website: http://wipo.int/news/

en/index.html?wipolcontentlframe=/

news/en/conferences.html.

FOR FURTHER INFORMATION CONTACT:

Linda S. Lourie by telephone at (703)

305–9300; by facsimile at (703) 305–

8885; by electronic mail to

linda.lourie@uspto.gov; or by mail

addressed to the Director of the United

States Patent and Trademark Office, Box

4, Washington, DC 20231, marked to the

attention of Linda S. Lourie, AttorneyAdvisor.

SUPPLEMENTARY INFORMATION:

Background

WIPO will convene a Diplomatic

Conference on the Protection of

Audiovisual Performances in Geneva,

Switzerland, during December 7–20,

2000. Two Basic Proposals will form the

basis for the negotiations. The Basic

Proposal for the Substantive Provisions

of an Instrument on the Protection of

Audiovisual Performances, which will

be considered by the Diplomatic

Conference (document IAVP/DC/3), was

prepared by the Chairman of the SCCR.

The Basic Proposal for Administrative

and Final Provisions of the Instrument

(document IAVP/DC/4) was prepared by

the International Bureau of WIPO. The

texts of both the Basic Proposal for the

Substantive Provisions and the Basic

Proposal for Administrative and Final

Provisions, along with other documents

relating to the forthcoming Diplomatic

Conference, are available on the WIPO

website.

The issues considered under the Basic

Proposal for the Substantive Provisions

were initially considered within the

framework of the 1996 Diplomatic

Conference on Certain Copyright and

Neighboring Rights Questions, which

concluded with the signing of the WIPO

Copyright Treaty (‘‘WCT’’) and the

WIPO Performances and Phonograms

Treaty (‘‘WPPT’’). However, at that time,

no international consensus developed to

provide for protection for audiovisual

performances and the decision was

taken by the Diplomatic Conference to

postpone consideration of this issue for

further discussion by the Standing

Committee on Copyright and

Neighboring Rights. During the

consideration over the past four years of

existing national and regional

legislation concerning audiovisual

performances and information on the de

facto situation, including contractual

practice, the United States has put

forward a number of proposals to

advance the protection of performers of

audiovisual works in line with current

U.S. practice; many of these proposals

have found their way into the Basic

Proposal. Various proposals have been

submitted by other WIPO members,

including Korea, the Group of African

States, Canada, the United Republic of

Tanzania and Japan. The European

Community also submitted proposals on

behalf of its member states. In light of

the extensive study of the issues, the

present Diplomatic Conference is now

being convened.

The United States position reflects the

broad private sector consensus that has

developed among performers unions,

motion picture producers and other

affected groups. Four provisions, in

particular, are of primary importance for

U.S. interests in light of current industry

practices, namely those pertaining to

national treatment, moral rights, the

transfer of rights from the performer to

the producer and the broadcast and

communication to the public right. The

Basic Proposal addresses each of these

issues (Articles 4, 5, 11 and 12,

respectively).

Brief Summary of the Basic Proposals

The Basic Proposal for the

Substantive Provisions of an Instrument

on the Protection of Audiovisual

Performances would update the

international norms on the rights offered

to audiovisual performers, compliment

our existing international obligations

and further our policy of strong

intellectual property protection.

Essentially, the Instrument has four

objectives, namely: (1) To develop and

maintain the protection of rights of

performers in their audiovisual

performances in a manner as effective

and uniform as possible, consistent with

the goal of facilitating the exploitation

of audiovisual works in the global

marketplace, (2) to introduce new

international rules in order to provide

adequate solutions to the questions

raised by economic, cultural and

technological developments, (3) to offer

responses to the challenges of digital

technology and (4) to provide a balance

between the rights of audiovisual

peformers and the larger public interest,

particularly education, research and

access to information.

To achieve these objectives, the

Instrument will include:

• An exclusive right of reproduction

for performers in respect of their