16136 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Notices

3. The action will result in

authorizing small entities to furnish the

commodity to the Government.

4. There are no known regulatory

alternatives which would accomplish

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in

connection with the commodity

proposed for addition to the

Procurement List.

Accordingly, the following

commodity is hereby added to the

Procurement List:

Liner, Foam Impact

8465–01–420–4920

This action does not affect current

contracts awarded prior to the effective

date of this addition or options that may

be exercised under those contracts.

Beverly L. Milkman,

Executive Director.

[FR Doc. 97–8657 Filed 4–3–97; 8:45 am]

BILLING CODE 6353–01–P

Procurement List; Additions

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled.

ACTION: Additions to the Procurement

List.

SUMMARY: This action adds to the

Procurement List commodities and

services to be furnished by nonprofit

agencies employing persons who are

blind or have other severe disabilities.

EFFECTIVE DATE: May 5, 1997.

ADDRESSES: Committee for Purchase

From People Who Are Blind or Severely

Disabled, Crystal Square 3, Suite 403,

1735 Jefferson Davis Highway,

Arlington, Virginia 22202–3461.

FOR FURTHER INFORMATION CONTACT:

Beverly Milkman (703) 603–7740.

SUPPLEMENTARY INFORMATION: On

December 20, 1996, January 17, 31, and

February 14, 1997 the Committee for

Purchase From People Who Are Blind

or Severely Disabled published notices

(61 FR 67306, 62 FR 2644, 4722 and

6946) of proposed additions to the

Procurement List.

After consideration of the material

presented to it concerning capability of

qualified nonprofit agencies to provide

the commodities and services and

impact of the additions on the current

or most recent contractors, the

Committee has determined that the

commodities and services listed below

are suitable for procurement by the

Federal Government under 41 U.S.C.

46–48c and 41 CFR 51–2.4.

I certify that the following action will

not have a significant impact on a

substantial number of small entities.

The major factors considered for this

certification were:

1. The action will not result in any

additional reporting, recordkeeping or

other compliance requirements for small

entities other than the small

organizations that will furnish the

commodities and services to the

Government.

2. The action will not have a severe

economic impact on current contractors

for the commodities and services.

3. The action will result in

authorizing small entities to furnish the

commodities and services to the

Government.

4. There are no known regulatory

alternatives which would accomplish

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in

connection with the commodities and

services proposed for addition to the

Procurement List.

Accordingly, the following

commodities and services are hereby

added to the Procurement List:

Commodities

Bucket, Plastic

M.R. 997

Office and Miscellaneous Supplies

(Requirements for the Naval Air Station,

Corpus Christi, Texas)

Services

Janitorial/Custodial, for the following Blaine,

Washington locations:

Pacific Highway Border Station

Pacific Highway Border Station, Building #1

Pacific Highway Border Station, USDA

Building

Border Patrol Sector Headquarters and Annex

Peace Arch Border Station

Storage/Distribution of Badges, Insignia

Patches and Other Accouterments,

Defense Personnel Support Center,

Philadelphia, Pennsylvania

(25% of the Government’s requirement)

Switchboard Operation, Cannon Air Force

Base, New Mexico

This action does not affect current

contracts awarded prior to the effective

date of this addition or options that may

be exercised under those contracts.

Beverly L. Milkman,

Executive Director.

[FR Doc. 97–8658 Filed 4–3–97; 8:45 am]

BILLING CODE 6353–01–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export

Trade Certificate of Review, Application

No. 96–00007.

SUMMARY: The Department of Commerce

has issued an Export Trade Certificate of

Review to the Committee for the Fair

Allocation of Rice Quotas

(‘‘Committee’’). This notice summarizes

the conduct for which certification has

been granted.

FOR FURTHER INFORMATION CONTACT: W.

Dawn Busby, Director, Office of Export

Trading Company Affairs, International

Trade Administration, 202–482–5131.

This is not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001–21) authorizes the

Secretary of Commerce to issue Export

Trade Certificates of Review. The

regulations implementing Title III are

found at 15 CFR Part 325 (1996).

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Department of

Commerce to publish a summary of a

Certificate in the Federal Register.

Under Section 305 (a) of the Act and 15

CFR 325.11(a), any person aggrieved by

the Secretary’s determination may,

within 30 days of the date of this notice,

bring an action in any appropriate

district court of the United States to set

aside the determination on the ground

that the determination is erroneous.

Description of Certified Conduct

Export Trade

Products

Semi-milled and wholly milled rice,

whether or not polished or glazed

(Harmonized Tariff Schedule 1006.30)

(referred to as ‘‘milled rice’’) and husked

(brown) rice (Harmonized Tariff

Schedule 1006.20).

Export Markets

For purposes of administering the

European Union’s tariff rate quota: The

countries of the European Union.

For purposes of Export Trade Activity

and Method of Operation 3: All parts of

the world except the United States (the

fifty states of the United States, the

District of Columbia, the

Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam,

the Commonwealth of the Northern

Mariana Islands, and the Trust Territory

of the Pacific Islands).

Export Trade Activities and Methods of

Operation

1. The Committee will administer a

system for allocating the U.S. share of

the European Union (‘‘EU’’) tariff rate

quotas (‘‘TRQs’’) for milled rice and

brown rice (roughly 38,000 tons of

milled rice and 8,000 tons of brown

rice) agreed to as compensation to the
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Notices 16137

United States for the enlargement of the

EU to include Austria, Finland, and

Sweden, as follows:

a. The Committee will operate a quota

tender system in which certificates of

quota will be offered on open tender to

the highest bidder 30 days prior to the

release of each TRQ tranche, as defined

by the EU.

b. The administration of the quota

tender system will be carried out by an

independent economic consultant, who

will be retained by the Committee for

purposes of administering the tender

program.

c. The Committee, through its

consultant, will offer the TRQ tranche in

20 ton increments. Anyone, whether a

member of the Committee or not, will be

eligible to bid, upon posting a bid bond

equal to five percent of the bid.

d. Thirty days prior to the beginning

of each TRQ tranche, the Committee

will publish a request to bid in the

Journal of Commerce. Potential bidders

will have five working days to respond

to the bid request. (If the EU announces

the opening of a TRQ tranche less than

30 days before the opening of that

tranche, the consultant will publish the

required notice within 2 working days

of the EU announcement and specify a

bid date that is at least 5 working days

after the notice is published.) All bid

information will be returned to the

consultant within five working days. At

the close of the five day period, the

consultant will award certificates of

quotas to the highest bidder upon

payment of monies bid. Additionally,

the certificates will be tradable.

e. In the event that identical highest

bids are submitted on available tonnage

of TRQ, the consultant will award the

available tonnage on a pro-rata basis

among the relevant bidders.

2. The Committee will use

membership fees to pay for the costs of

operating the quota tender system. Any

operating costs not covered by the

assessment of membership fees will be

paid from the quota proceeds.

3. During the first year, the Committee

will redistribute all remaining proceeds

as follows:

a. 50 percent to the Rice Foundation,

a non-profit organization established as

the research and development arm of

the U.S.A. Rice Federation;

b. 50 percent to the U.S.A. Rice

Federation or the Rice Millers’

Association for international market

promotion activities; and

c. Zero percent to Members according

to their proportionate share of world

exports of U.S. origin rice during the

previous marketing year.

4. For subsequent years, the

distribution percentages in item 3 may

be modified to allow the distribution of

proceeds to Members according to their

proportionate share of world exports of

U.S. origin rice during the previous

marketing year.

5. Bidders will provide the consultant

with bidding information on a

confidential basis. The consultant may

release only the identity of the winning

bidder(s). After the first year, if a

distribution is to be made to Members,

the Members will provide information

on their share of world exports of U.S.

origin rice independently and on a

confidential basis. This information

shall be kept confidential.

6. The Committee and/or its Members

may:

a. Provide for an administrative

structure to implement the foregoing

tariff rate quota system, relating to the

U.S.-EU Compensation Agreement and

EU regulations, including the hiring of

an independent economic consultant to

administer the quota tender system;

b. Exchange and discuss information

regarding the structure and method for

administering the foregoing tariff rate

quota system, relating to the U.S.-EU

Compensation Agreement and EU

regulations;

c. Discuss the type of information

needed regarding past transactions and

exports that are necessary for

administering the foregoing tariff rate

quota system relating to the U.S.-EU

regulations and for effectuating any

distribution of proceeds arising out of

the administration of the system.

Abbreviated Amendment Procedures

New Committee members may be

incorporated in the Certificate through

an abbreviated amendment procedure.

An abbreviated amendment shall

consist of a written notification to the

Secretary of Commerce and the Attorney

General identifying the Committee

members that desire to become

Members under the Certificate pursuant

to the abbreviated amendment

procedure and certifying for each such

member so identified its sale of

individual products in its prior fiscal

year. Notice of the members so

identified shall be published in the

Federal Register. However, the

Committee may withdraw one or more

individual Members from the

application for the abbreviated

amendment. If 30 days or more

following publication in the Federal

Register, the Secretary of Commerce,

with the concurrence of the Attorney

General, determines that the

incorporation in the Certificate of these

members through the abbreviated

amendment procedure is consistent

with the standards of the Act, the

Secretary of Commerce shall amend the

Certificate to incorporate such members,

effective as of the date on which the

application for amendment is deemed

submitted. If the Secretary of Commerce

does not within 60 days of publication

in the Federal Register so amend the

Certificate, such amendment must be

sought through the non-abbreviated

amendment procedure.

Terms and Conditions of Certificate

1. In engaging in Export Trade

Activities and Methods of Operation,

neither the Committee, the consultant,

nor any Member shall intentionally

disclose, directly or indirectly, to any

other Member (including parent

companies, subsidiaries, or other

entities related to any Member not

named as a Member) any information

regarding the Committee’s or any other

Member’s costs, production,

inventories, domestic prices, domestic

sales, capacity to produce Products for

domestic sale, domestic orders, terms of

domestic marketing or sale, or U.S.

business plans, strategies, or methods,

unless (1) such information is already

generally available to the trade or

public; or (2) the information disclosed

is a necessary term or condition (e.g.,

price, time required to fill an order, etc.)

of an actual or potential bona fide

export sale and the disclosure is limited

to the prospective purchaser.

2. The Committee and its Members

will comply with requests made by the

Secretary of Commerce on behalf of the

Secretary or the Attorney General for

information or documents relevant to

conduct under the Certificate. The

Secretary of Commerce will request

such information or documents when

either the Attorney General or the

Secretary of Commerce believes that the

information or documents are required

to determine that the Export Trade,

Export Trade Activities and Methods of

Operation of a person protected by this

Certificate of Review continue to

comply with the standards of section

303(a) of the Act.

Members (Within the Meaning of

Section 325.2(l) of the Regulations)

Louis Dreyfus Corporation, Wilton,

Connecticut; and, Riviana Foods, Inc.,

Houston, Texas.

Definitions

‘‘Member’’ means a member of the

Committee who has been certified as a

‘‘Member’’ within the meaning of

§ 325.2(l) of the regulations. Members

must sign the Operating Agreement of

the Committee in order to participate in

the certified activities. Any U.S.

company that is actively engaged in rice
16138 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Notices

milling or that has exported U.S. origin

rice in the preceding or current calendar

year and that wishes to participate in

the activities covered by this certificate,

may join the Committee’s membership

by executing the Operating Agreement

and paying a one-time membership fee

of $3,000. Any Committee member that

is not a listed Member may join the

Committee’s export trade certificate of

review by requesting that the Committee

file for an amended certificate. A

Member may withdraw from coverage

under this certificate at any time by

giving written notice to the Committee,

a copy of which the Committee will

promptly transmit to the Secretary of

Commerce and the Attorney General.

Protection Provided by Certificate

This Certificate protects the

Committee, its Members, and directors,

officers, and employees acting on behalf

of the Committee and its Members from

private treble damage actions and

government criminal and civil suits

under U.S. federal and state antitrust

laws for the export conduct specified in

the Certificate and carried out during its

effective period in compliance with its

terms and conditions.

Effective Period of Certificate

This Certificate continues in effect

from the effective date indicated below

until it is relinquished, modified, or

revoked as provided in the Act and the

Regulations.

Other Conduct

Nothing in this Certificate prohibits

the Committee and its Members from

engaging in conduct not specified in

this Certificate, but such conduct is

subject to the normal application of the

antitrust laws.

Disclaimer

The issuance of this Certificate of

Review to the Committee by the

Secretary of Commerce with the

concurrence of the Attorney General

under the provisions of the Act does not

constitute, explicitly or implicitly, an

endorsement or opinion by the

Secretary of Commerce or by the

Attorney General concerning either (a)

the viability or quality of the business

plans of the Committee or its Members

or (b) the legality of such business plans

of the Committee or its Members under

the laws of the United States (other than

as provided in the Act) or under the

laws of any foreign country.

The application of this Certificate to

conduct export trade where the United

States Government is the buyer or where

the United States Government bears

more than half the cost of the

transaction is subject to the limitations

set forth in Section V.(D.) of the

‘‘Guidelines for the Issuance of Export

Trade Certificates of Review (Second

Edition),’’ 50 Fed. Reg. 1786 (January

11, 1985).

In accordance with the authority

granted under the Act and Regulations,

this Certificate of Review has been

granted to the Committee for the Fair

Allocation of Rice Quotas.

A copy of the Certificate will be kept

in the International Trade

Administration’s Freedom of

Information Records Inspection Facility,

Room 4001, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

Dated: March 31, 1997.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 97–8580 Filed 4–3–97; 8:45 am]

BILLING CODE 3510–DR–P

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export

Trade Certificate of Review, Application

No. 96–00008.

SUMMARY: The Department of Commerce

has issued an Export Trade Certificate of

Review to the U.S. Rice Industry

Coalition for Exports, Inc. (‘‘U.S. RICE

’’). This notice summarizes the conduct

for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: W.

Dawn Busby, Director, Office of Export

Trading Company Affairs, International

Trade Administration, 202–482–5131.

This is not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001–21) authorizes the

Secretary of Commerce to issue Export

Trade Certificates of Review. The

regulations implementing Title III are

found at 15 CFR part 325 (1996).

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Department of

Commerce to publish a summary of a

Certificate in the Federal Register.

Under Section 305(a) of the Act and 15

CFR 325.11(a), any person aggrieved by

the Secretary’s determination may,

within 30 days of the date of this notice,

bring an action in any appropriate

district court of the United States to set

aside the determination on the ground

that the determination is erroneous.

Description of Certified Conduct

Export Trade

Products

Semi-milled and wholly milled rice,

whether or not polished or glazed

(Harmonized Tariff Schedule 1006.30)

(‘‘milled rice’’), husked rice

(Harmonized Tariff Schedule 1006.20)

(‘‘brown rice’’), broken rice

(Harmonized Tariff Schedule 1006.40),

and paddy or rough rice (Harmonized

Tariff Schedule 1006.10).

Export Markets

For purposes of allocating through an

open bidding procedure the European

Union’s tariff rate quota: The countries

of the European Union.

For purposes of Export Trade

Activities and Methods of Operation

2(c) and 4(e): All parts of the world

except the United States (the fifty states

of the United States, the District of

Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, American

Samoa, Guam, the Commonwealth of

the Northern Mariana Islands, and the

Trust Territory of the Pacific Islands).

Export Trade Activities and Methods of

Operation

1. U.S. RICE will administer a system

for managing the U.S. share of the

European Union (‘‘EU’’) tariff-rate

quotas (‘‘TRQs’’) for milled, brown, and

broken rice (roughly 38,000 metric tons

of milled rice, 8,000 metric tons of

brown rice and 7,000 metric tons of

broken rice annually) agreed to as

compensation to the United States for

the enlargement of the EU to include

Austria, Finland, and Sweden, as

follows:

a. U.S. RICE will allocate the TRQs

exclusively through an open tender to

the highest bidder(s). Any person

domiciled, incorporated or otherwise

legally established in the United States

is eligible to bid. Bidders need not be

members of U.S. RICE and need not be

included as Members in this Certificate.

b. U.S. RICE will retain an

independent third party (‘‘the TRQ

Administrator’’) to administer the quota

tender system. The TRQ Administrator

may be an individual, partnership,

corporation (for profit or non-profit), or

any representative thereof that is not

engaged in the production, milling,

distribution, or sale of milled, brown,

broken, or paddy rice.

c. At least 45 days before the opening

of each TRQ tranche, as defined by the

EU, the TRQ Administrator will publish

notice of the bidding process for that

tranche in the Journal of Commerce. The

notice will invite independent bids and