p.1 

OAR Box 1168 

Prepped by Ollie Stewart 

Document Number: 

61) F.R. April 16, 1990 

Docket Number: 

A-89-09 

Primed 4/29/2008 11:23:18 AM Sheet 61 of 131 
P.2 

7'/i'ii* ,/'>.'.> ^ 

/*> '*' •.. .<.V 

1-3132 

n 

/ Vol. 55. No. 73 / Monday, April 18, 19S0 / Notices. 

_..i...i.__^. . _• 

such applications will be evaluated with 

reference to the standards set forth in 

subpart V implementation cases such as 

Office of Special Counsel, 10 DOE 

185,048 at 68,220 (1982), and refund 

application cases such as OKC Corp./ 

Town & Country Markets. Inc., 12 DOE 

_ 85,094 (1984); Marathon Petroleum 

Co./Research Fuels, Inc., 19 DOE 

_ 85,575 (1989), action for review 

docketed, C.A.-3-89-2983-G (N.D. Tex. 

November 22,1989). These standards 

generally require an allocation claimant 

to demonstrate the existence of a 

supplier/purchaser relationship with the 

consent order firm and the likelihood 

that the consent order firm unlawfully 

failed to furnish petroleum products that 

it was obliged to supply to the claimant 

under 10 CFR part 211. In addition, the 

claimant must provide evidence that it 

had contemporaneously notified the 

DOE or otherwise sought redress from 

the alleged allocation violation. Finally, 

the claimant must establish that it was 

injured and document the extent of the 

injury. Claimants who make a 

reasonable and non-spurious 

demonstration of an allocation violation 

may receive a refund based on the profit 

lost as a result of their failure to receive 

the allocated product.14 

It is therefore ordered, That The 

refund amount remitted to the 

Department of Energy by Agway 

Petroleum Corporation pursuant to the 

Consent Order executed on March 20, 

1987, will be distributed in accordance 

with the foregoing decision. 

Appsndix—Subsidiaries and Affiliates 

presumptively Ineligible for Refunds 

All members of the Agway Cooperative 

All members of the Southern States 

Cooperative 

Agway Data Services, Inc. 

Agway Financial Corporation 

Agway Insurance Co. 

Agway Indemnity Insurance Co. 

Agway General Agency 

Agway Petroleum Corporation 

Texas City Refining, Inc. 

H.P. Hood Inc. 

Telmark, Inc. 

Empire Cheese Co., Inc. 

Merchants Produce Co., Inc. 

Mid-State Potato Distributors 

Seedway Inc. 

Curtice-Burns Foods, Inc. 

Comstock Foods 

Comstock Michigan Fruit Division 

Nalley's Fine Foods 

Lucca Packing Div., Nalley's Fine Foods 

National Brands Beverage Div. 

National Oats Co. 

Snyder Potato Chips 

Southern Frozen Foods 

Farman's Pickle Company 

Smoke Craft 

Brooks Foods 

Adams Natural Peanut Butter 

Blevins Popcorn 

Wilderness Foods 

Calypso Foods 

Tropic Isle 

Southern States Financial Corp. 

Southern States Underwriters 

SSC Insurance Agency Inc. 

[FR Doc. 90-8791 Filed 4-13-S0; 8:45 am] 

BILLING COOE S.S0-01-C3 

AGENCY 

[FRL-3756-3] ^ 

Stratospheric Osone Advisory 

ACTSOS.: Announcement of advisory 

committee meeting. 

SUMMARY: The next meeting of the U.S. 

Environmental Protection Agency (EPA) 

Federal Advisory Council on 

Stratospheric Ozone Protection 

(STOPAC) will be held on Tuesday, 

April 24,1990. The meeting will take 

place from 9 a.m. to 12 p.m., at the 

Holiday Inn Capital, 550 C Street SW., 

Washington, DC. The public is invited to 

attend. Seating will be limited and will 

therefore be on a first come, first served 

basis. 

The purpose of the meeting will be to 

provide an overview of the March 1990 

Working Group meeting of the Parties to 

the Montreal Protocol and the scheduled 

May and June meetings on issues related 

to both financial assistance for 

developing countries and control 

measures. EPA's actions related to a 

domestic recycling program will also be 

discussed. 

FOB FURTHER IMFOHCIOTIOt. ©©Knr&O*:' 

Karla Perri, at (202) 475-7496 or write to 

the Division of Global Change, Office of 

Air and Radiation, U.S. Environmental 

Protection Agency, 401 M Street SW., 

Washington, DC 20460. 

Dated: April 9,1990. 

Robert Axelrad, 

Acting Director, Office of Atmospheric and 

In door Air Programs. 

[FR Doc. 90-8779 Filed 4-13-90; 8:45 am] 

BILLING CODE SSSO-S0-U 

FEDERAL RESERVE SVSTEft 

14

 If we receive numerous allocation claims, we 

may adopt a more general formula for calculating 

refunds based on alleged allocation violations. 

6-7,1990 

In accordance with § 217.5 of its rule's 

regarding availability of information, 

there is set forth below the domestic 

policy directive issued by the Federal 

Open Market Committee at its meeting 

held on February 8-7,1980.' The 

directive was issued to the Federal 

Reserve Bank of New Yc__t oo follows: 

The information reviewed al this meeting 

suggests that economic activity ia continuing 

to expand despite weakness is ths industrial 

sector. Total nonfarm payroll cmp.oymsnt 

increased substantially in January after 

growing at a reduced pace or. overage in 

previous months; a surge in (_b3 csrvicsproducing sector and a weather-related 

rebound in construction were only partly 

offset by a large decline in the manufacturing 

sector. The civilian unemployment rate was 

unchanged at 5.3 percent. Partial data ouggest 

that industrial production in January waa 

appreciably below its average in the fourth 

quarter. Adjusted for inflation, strong gains in 

consumer spending on services in the fourth 

quarter offset declines in consumers 

purchases of goods, especially motor 

vehicles. Unusually cold weather deprasasd 

housing starts appreciably in December, and 

residential construction in the fourth quart"? 

was little changed from its third-quarter lsvsL 

Business capital spending, adjusted for 

inflation, declined in the fourth quarter ao o 

result of lower expenditures on motor 

vehicles and strike activity in the aircraft 

industry; spending on other types of capital 

goods was strong, however, and new orders 

for equipment picked up toward the end of 

the year. The nominal U.S. merchandise trade 

deficit widened in October-November from 

the third-quarter rate. Consumer prices had 

risen somewhat more rapidly toward the end 

of 1989, and prices of food and energy 

apparently increased substantially further in 

January. The latest data on labor 

compensation suggest no significant change 

in prevailing trends. 

Interest rates have risen in intermediateand long-term debt markets since the 

Committee meeting on December 18-19; in 

short-term markets, the federal funds rate has 

declined, and other short-term rates show 

mixed changes over the period. In foreign 

exchange markets, the trade-weighted value 

of the dollar in terms of the other G-10 

currencies declined further over the 

intermeeting period; most of the depreciation 

was against the German mark and related 

European currencies, and there was little 

change against the yen. 

Growth of M2 slowed in January, almost 

entirely reflecting a drop in transaction 

deposits. Growth of M3 also slowed in 

January as assets of thrift institutions and 

their associated funding needs apparently 

continued to contract. For the year 1989, M2 

expanded at a rate a little below ths middle 

of the Committee's annual range, and M3 

grew at a rate slightly below the lower bound 

of its annual range. 

The Federal Open Market Committee seeks 

monetary and financial conditions that will 

foster price stability, promote growth in 

output on a sustainable basis, and contribute 

1

 Copies of the Record of policy actions of the 

Committee for the meeting of February 6-7,1880, 

are available upon request to Tlie Board of 

Governors of the Federal Reserve System, 

Washington, DC 20S51.