18920 Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 / Notices

1Navistar distributes goods associated with its

trade name or mark (16 CFR 436.2(a)(1)(i)(A));

Navistar exerts significant control over, or gives

significant assistance to, the dealer (16 CFR

436.2(a)(1)(i)(B)); and Navistar requires its dealers

to pay it over $500 within six months of the

commencement of the dealer’s business (16 CFR

436.2(a)(3)(iii)). See Petition and Letter from

Navistar counsel to Myra Howard, Esq., FTC, dated

December 8, 1997 (available on FTC public record).

Federal Maritime Commission

applications for licenses as ocean freight

forwarders pursuant to section 19 of the

Shipping Act of 1984 (46 U.S.C. app.

1718 and 46 CFR 510).

Persons knowing of any reason why

any of the following applicants should

not receive a license are requested to

contact the Office of Freight Forwarders,

Federal Maritime Commission,

Washington, DC 20573.

Cargo Systems Int’l, Corp., 9550 NW

12th Street, Bay #10, Miami, FL

33172, Officers: Francisco J. Nunez,

President, Angela C. Damasio, Vice

President

Linda Yumi Matsuura, 2615 Plaza Del

Amo #600, Torrance, CA 90503, Sole

Proprietor

Dated: April 13, 1998.

Joseph C. Polking,

Secretary.

[FR Doc. 98–10075 Filed 4–5–98; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL TRADE COMMISSION

Disclosure Requirements and

Prohibitions Concerning Franchising

and Business Opportunity Ventures

AGENCY: Federal Trade Commission.

ACTION: Invitation to Comment on

Requested Exemption from Trade

Regulation Rule.

SUMMARY: The Commission is requesting

public comment with respect to a

request from Navistar International

Transportation Corporation for an

exemption from the requirements of the

Franchise Rule.

DATES: Written comments will be

accepted until June 15, 1998.

ADDRESSES: Comments may be filed in

person or mailed to: Secretary, Federal

Trade Commission, 6th and

Pennsylvania Avenue, N.W.,

Washington, D.C. 20580. Requests for

copies of the petition and the Franchise

Rule should be directed to the Public

Reference Branch, Room 130, (202) 326–

2222.

FOR FURTHER INFORMATION CONTACT:

Myra Howard, Attorney, PC–H–238,

Federal Trade Commission, 6th and

Pennsylvania Avenue, N.W.,

Washington, D.C. 20580, (202) 326–

2047.

SUPPLEMENTARY INFORMATION: On

December 21, 1978, the Federal Trade

Commission promulgated a trade

regulation rule entitled ‘‘Disclosure

Requirements and Prohibitions

Concerning Franchising and Business

Opportunity Ventures’’ (16 CFR Part

436) (‘‘the Rule’’). In general, the Rule

provides for pre-sale disclosure to

prospective franchisees of important

information about the franchisor, the

franchise business and the terms of the

proposed franchise relationship. A

summary of the Rule is available from

the FTC Public Reference Branch, Room

130, upon request.

Section 18(g) of the Federal Trade

Commission Act provides that any

person or class of persons covered by a

trade regulation rule may petition the

Commission for an exemption from

such rule, and if the Commission finds

that the application of such rule to any

person or class of persons is not

necessary to prevent the unfair or

deceptive act or practice to which the

rule relates, the Commission may

exempt such person or class from all or

any part of the rule.

Navistar International Transportation

Corporation (‘‘Navistar’’ or ‘‘Petitioner’’)

has filed a petition for exemption from

the Franchise rule pursuant to Section

18(g) of the Federal Trade Commission

Act, 15 U.S.C. 57a(g). Navistar’s petition

asserts without elaboration that its

dealer operations are not subject to the

Franchise Rule. The information

submitted in support of the petition,

however, demonstrates that absent an

exemption, Navistar’s dealer operations

fall within the scope of the Rule.1

Petitioner asserts that an exemption

should be granted because Navistar

dealers are sophisticated business

persons with experience in the industry,

and the information-exchange and

negotiation process leading to execution

of a dealership agreement takes place

over a period of from four months to a

year, ensuring adequate time for review.

Petitioner also explains that ‘‘[b]ecause

it is in Navistar’s best interest to have

strong, committed and well-financed

dealers, Navistar encourages its dealers

to become fully informed prior to

making a commitment.’’ Pet. at 11.

Petitioner argues that the experience

and sophistication of prospective

dealers, the company’s selectivity

generated by its interest in ensuring that

its dealers will be committed and wellfinanced and the extended process

leading to the execution of dealership

agreements make the abuses identified

by the Commission as the basis for the

Franchise Rule unlikely and render

application of the Rule to Navistar

unnecessary and burdensome.

For a complete presentation of the

arguments submitted by Petitioner,

please refer to the full text of the

petition, which may be obtained from

the FTC Public Reference Branch, Room

130, on request.

In assessing the present exemption

request, the Commission solicits

comments on all relevant issues

germane to the proceeding, including

the following: (1) Is there evidence

indicating that Petitioner may engage in

unfair or deceptive acts or practices in

the offer and sale of truck franchises? (2)

Are there other reasons that might

militate against granting Petitioner an

exemption from the Franchise Rule?

The Commission has considered the

arguments made by Petitioner and

concluded that further inquiry is

warranted before a decision regarding

the petition may be made. The

Commission, therefore, seeks comment

on the exemption requested by

Petitioner.

All interested parties are hereby

notified that they may submit written

data, views or arguments on any issues

of fact, law or policy that may have

some bearing on the requested

exemption, whether or not such issues

have been raised by the petition or in

this notice. Such submissions may be

made for sixty days to the Secretary of

the Commission.

Comments should be identified as

‘‘Navistar Franchise Rule Exemption

Comment,’’ and two copies should be

submitted.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 98–10079 Filed 4–15–98; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

[Docket No. 98C–0212]

Cyanotech Corp.; Filing of Color

Additive Petition

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA) is announcing

that Cyanotech Corp. has filed a petition

proposing that the color additive

regulations be amended to provide for

the safe use of Haematococcus algae
Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 / Notices 18921

meal as a color additive in salmonid fish

feeds.

FOR FURTHER INFORMATION CONTACT:

Aydin O ̈ rstan, Center for Food Safety

and Applied Nutrition (HFS–215), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3076.

SUPPLEMENTARY INFORMATION: Under the

Federal Food, Drug, and Cosmetic Act

(sec. 721(d)(1) (21 U.S.C. 379e(d)(1))),

notice is given that a color additive

petition (CAP 8C0256) has been filed by

Cyanotech Corp., 73–4460 Queen

Kaahumanu Hwy., #102, Kailua-Kona,

HI 96740. The petition proposes to

amend the color additive regulations to

provide for the safe use of

Haematococcus algae meal as a color

additive in salmonid fish feeds.

–The agency has determined under 21

CFR 25.32(r) that this action is of a type

that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

Dated: March 20, 1998.

Laura M. Tarantino,

Office of Premarket Approval, Center for Food

Safety and Applied Nutrition.

[FR Doc. 98–10032 Filed 4–15–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

[Docket No. 98F–0226]

Nalco Chemical Co.; Filing of Food

Additive Petition

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA) is announcing

that Nalco Chemical Co. has filed a

petition proposing that the food additive

regulations be amended to provide for

the safe use of disodium or dipotassium

fluorescein for use in boilers where

steam may contact food.

DATES: Written comments on the

petitioner’s environmental assessment

by May 18, 1998.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Paulette M. Gaynor, Center for Food

Safety and Applied Nutrition (HFS–

215), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3079.

SUPPLEMENTARY INFORMATION: Under the

Federal Food, Drug, and Cosmetic Act

(sec. 409(b)(5) (21 U.S.C. 348(b)(5))),

notice is given that a food additive

petition (FAP 7A4539) has been filed by

Nalco Chemical Co., One Nalco Center,

Naperville, IL 60563–1168. The petition

proposes to amend the food additive

regulations in 21 CFR 173.310 to

provide for the safe use of disodium or

dipotassium fluorescein for use in

boilers where steam may contact food.

The potential environmental impact

of this action is being reviewed. To

encourage public participation

consistent with regulations promulgated

under the National Environmental

Policy Act (40 CFR 1501.4(b)), the

agency is placing the environmental

assessment submitted with the petition

that is the subject of this notice on

public display at the Dockets

Management Branch (address above) for

public review and comment. Interested

persons may, on or before May 18, 1998,

submit to the Dockets Management

Branch (address above) written

comments. Two copies of any comments

are to be submitted, except that

individuals may submit one copy.

Comments are to be identified with the

docket number found in brackets in the

heading of this document. Received

comments may be seen in the office

above between 9 a.m. and 4 p.m.,

Monday through Friday. FDA will also

place on public display any

amendments to, or comments on, the

petitioner’s environmental assessment

without further announcement in the

Federal Register. If, based on its review,

the agency finds that an environmental

impact statement is not required and

this petition results in a regulation, the

notice of availability of the agency’s

finding of no significant impact and the

evidence supporting that finding will be

published with the regulation in the

Federal Register in accordance with 21

CFR 25.40(c).

Dated: March 26, 1998.

Laura M. Tarantino,

Acting Director, Office of Premarket

Approval, Center for Food Safety and Applied

Nutrition.

[FR Doc. 98–10031 Filed 4–15–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

Research Studies on Microbiological

Hazards Associated with the Food

Animal Production Environment

Including Animal Feeds; Availability of

Cooperative Agreements; Request for

Applications

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA), Center for

Veterinary Medicine (CVM) is

announcing the availability of research

funds for fiscal year (FY) 1998 to study

the microbiological hazards associated

with the food animal production

environment which includes animal

feeds. Approximately $1 million will be

available in FY 1998. FDA anticipates

making 6 to 12 Cooperative Agreement

awards at $100,000 to $200,000 per

award per year (direct and indirect

costs). Support for these agreements

may be for up to 3 years. The number

of agreements funded will depend on

the quality of the applications received

and the availability of Federal funds to

support the projects.

DATES: Submit applications by June 1,

1998. If the closing date falls on a

weekend, it will be extended to

Monday; if the date falls on a holiday,

it will be extended to the following

workday.

ADDRESSES: Application forms are

available from, and completed

applications should be submitted to:

Robert L. Robins, Grants Management

Officer, Division of Contracts and

Procurement Management (HFA–520),

Food and Drug Administration, 5600

Fishers Lane, Park Bldg., rm. 3–40,

Rockville, MD 20857, 301–443–6170.

(Applications hand-carried or

commercially delivered should be

addressed to the Park Bldg., 12420

Parklawn Dr., rm. 3–40, Rockville, MD

20852.)

FOR FURTHER INFORMATION CONTACT:

Regarding the administrative and

financial management aspects of

this notice: Robert L. Robins

(address above).

Regarding the programmatic aspects

of this notice: David B. Batson,

Center for Veterinary Medicine

(HFV–502), Food and Drug

Administration, 8401 Muirkirk Rd.,

Laurel, MD 20708, 301–827–8021.

SUPPLEMENTARY INFORMATION: FDA is

announcing the availability of funds for

FY 1998 for awarding cooperative