25870 Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 / Notices

The complainant requests that the

Commission institute an investigation

and, after a hearing, issue a permanent

exclusion order and permanent cease

and desist orders.

ADDRESSES: The complaint, except for

any confidential information contained

herein, is available for inspection during

official business hours (8:45 a.m. to 5:15

p.m.) in the Office of the Secretary, U.S.

International Trade Commission, 500 E

Street, SW., Room 112, Washington, DC

20436, telephone 202–205–2000.

Hearing-impaired individuals are

advised that information on this matter

can be obtained by contacting the

Commission’s TDD terminal on 202–

205–1810. Persons with mobility

impairments who will need special

assistance in gaining access to the

Commission should contact the Office

of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

accessing its internet server (http://

www.usitc.gov).

FOR FURTHER INFORMATION CONTACT:

Jay H. Reiziss, Esq., Office of Unfair

Import Investigations, U.S. International

Trade Commission, telephone 202–205–

2579.

Authority: The authority for institution of

this investigation is contained in section 337

of the Tariff Act of 1930, as amended, and

in section 210.10 of the Commission’s Rules

of Practice and Procedure, 19 CFR 210.10

(1997).

Scope of Investigation

Having considered the complaint, the

U.S. International Trade Commission,

on May 5, 1998, ordered that—

(1) Pursuant to subsection (b) of

section 337 of the Tariff Act of 1930, as

amended, an investigation be instituted

to determine whether there is a

violation of subsection (a)(1)(B) of

section 337 in the importation into the

United States, the sale for importation,

or the sale within the United States after

importation of certain recombinantly

produced Hepatitis B vaccines, or

products containing same, made by a

process that infringes claims 4, 5, 7, or

8 of U.S. Letters Patent Re. 35,749, and

whether there exists an industry in the

United States as required by subsection

(a)(2) of section 337.

(2) For the purpose of the

investigation so instituted, the following

are hereby named as parties upon which

this notice of investigation shall be

served:

(a) The complainant is—Chiron

Corporation, 4560 Horton Street,

Emeryville, CA 94608–2917.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

SmithKline Beecham Biologicals, S.A.,

Rue de l’Institut, 69, 1330 Rixensart,

R.C. Nivelles 65945, Belgium,

SmithKline Beecham Corporation, One

Franklin Plaza, Philadelphia, PA 19102.

(c) Jay H. Reiziss, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, SW., Room 401–L, Washington,

DC 20436, who shall be the Commission

Investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Paul J. Luckern is

designated as the presiding

administrative law judge.

(4) Pursuant to section 210.50(b)(1) of

the Commission’s Rules of Practice and

Procedure, 19 CFR 210.50(b)(1), the

Commission delegates to the presiding

administrative law judge the authority

to compel discovery, take evidence, and

hear augment with respect to the public

interest, as appropriate, and directs the

administrative law judge to include

findings of fact and conclusions of law

on public interest issues in any

recommended determination filed with

the Commission under section

210.42(a)(1)(ii), 19 CFR 210.42()(1)(ii).

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with § 210.13 of the

Commission’s Rules of Practice and

Procedure, 19 CFR 210.13. Pursuant to

19 CFR 201.16(d) and 210.13(a), such

responses will be considered by the

Commission if received no later than 20

days after the date of service by the

Commission of the complaint and notice

of investigation. Extensions of time for

submitting responses to the complaint

will not be granted unless good cause

therefore is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both direct4ed against such

respondent.

Issued: May 5, 1998.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–12423 Filed 5–8–98; 8:45 am]

BILLING CODE 7020–02–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS 1926–98]

Fiscal Year 1998 Numerical Limitation

Reached for H–1B Nonimmigrants

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: The Immigration Act of 1990

(IMMACT), provided that beginning

with fiscal year 1992, the total number

of aliens who may be issued visas under

the H–1B category during any fiscal year

could not exceed 65,000. Based on all

available data, the 65,000 limit has been

reached for fiscal year 1998. This notice

describes the procedures the Service

will use for processing H–1B petitions

for new or initial employment in the

remainder of fiscal year 1998.

DATES: This notice is effective May 11,

1998.

FOR FURTHER INFORMATION CONTACT: John

W. Brown, Adjudications Officer,

Adjudications Division, Immigration

and Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, telephone (202) 514–3240.

SUPPLEMENTARY INFORMATION:

Background

Section 205 of the Immigration Act of

1990 (IMMACT), Public Law 101–649,

dated November 29, 1990, imposed a

65,000 numerical limitation beginning

in fiscal year 1992 on the number of

aliens who could be accorded H–1B

nonimmigrant status in a fiscal year.

The regulation at 8 CFR

214.2(h)(8)(ii)(E) provides that ‘‘If the

total numbers available in a fiscal year

are used, new petitions and the

accompanying fee shall be rejected and

returned with a notice that numbers are

unavailable for the particular

nonimmigrant classification until the

beginning of the next fiscal year.’’

Which H–1B Petitions Will Be Affected

by This Notice?

H–1B petitions filed for new or initial

employment for the remainder of fiscal

year 1998 will be affected by this notice

as well as petitions pending with the

Service on the date of this notice.
Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 / Notices 25871

Which H–1B Petitions Will Not Be

Affected by This Notice?

Petitions filed for sequential H–1B

employment, concurrent H–1B

employment, extension of H–1B stay,

and amended H–1B petitions are not

affected by this notice.

Sequential employment is where an

alien assumes one H–1B position after

another. For example, an H–1B chemist

completes his or her assignment with

‘‘Company A’’ and then assumes a new

position the very next day as an H–1B

chemist with ‘‘Company B’’.

Concurrent employment is where an

alien holds two H–1B positions at the

same time. For example, an H–1B

computer system analyst works for

‘‘Company A’’ full-time during the week

and works for ‘‘Company B’’ part-time

on the weekends.

An extension of stay is where the

alien’s current employer submits a

petition to extend the alien’s temporary

stay.

An amended petition is where there

has been a change in the conditions of

the alien’s employment, but the alien

remains employed by the same

petitioner.

How Will H–1B Petitions Submitted For

New or Initial Employment for Fiscal

Year 1998 be Processed?

Based on 8 CFR 214.2(h)(8)(ii)(E), the

Service will return, with fee, any H–1B

petition filed with the Service on or

after the date of this notice for new or

initial employment in fiscal year 1998.

The petitioner will be advised in a

notice to either resubmit the petition

when numbers are available on October

1, 1998, or to resubmit the petition and

request employment commencing on or

after October 1, 1998.

In the case of those petitions pending

with the Service on the date of this

notice, the Service will contact the

petitioner or the attorney of record and

advise him or her that the 65,000 limit

has been reached. The petitioner will

then be given the option of either

withdrawing the petition or requesting

that the Service change the date of the

beneficiary’s intended employment to

on or after October 1, 1998, the

beginning of fiscal year 1999, when H–

1B numbers will again become

available.

How Will H–1B Petitions Submitted For

New or Initial Employment Beginning in

Fiscal Year 1999 be Processed?

H–1B petitions filed for employment

commencing on or after October 1, 1998,

which is the beginning of fiscal year

1999, are not affected by the procedures

described in this notice and those

petitions will be adjudicated when

received by the Service.

What Will Happen if the Numerical

Limitation is Raised by Congress?

The Congress is currently considering

whether to raise the numerical limit for

fiscal year 1998. The procedures

described in this notice will be modified

if the limit is raised through legislation

enacted by the Congress and signed by

the President.

Dated: May 6, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–12448 Filed 5–8–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

Susan Harwood Training Grant

Program

AGENCY: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION: Notice of availability of funds

and request for grant applications.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) awards

funds to nonprofit organizations to

conduct safety and health training and

education in the workplace. This notice

announces grant availability for training

in safety and health programs for

construction, silica in general industry,

food processing, shipyards, logging, and

outreach to workers. The notice

describes the scope of the grant program

and provides information about how to

get detailed grant application

instructions. Applications should not be

submitted without the applicant first

obtaining the detailed grant application

instructions mentioned later in the

notice.

Authority for this program may be

found in section 21(c) of the

Occupational Safety and Health Act of

1970 (29 U.S.C. 670).

DATES: Applications must be received

by June 26, 1998.

ADDRESSES: Grant applications are to be

submitted to the OSHA Office of

Training and Education, Division of

Training and Educational Programs,

1555 Times Drive, Des Plaines, Illinois

60018.

FOR FURTHER INFORMATION CONTACT:

Ronald Mouw, Chief, Division of

Training and Educational Programs, or

Helen Beall, Training Specialist, OSHA

Office of Training and Education, 1555

Times Drive, Des Plaines, Illinois 60018,

telephone (847) 297–4810, e-mail

helen.beall@oti.osha.gov.

SUPPLEMENTARY INFORMATION:

What is the Purpose of the Program?

Susan Harwood Training Grants

provide funds to train workers and

employers to recognize, avoid, and

prevent safety and health hazards in

their workplaces. The program

emphasizes three areas.

• Educating workers and employers

in small businesses. A small business

has 250 or fewer workers.

• Training workers and employers

about new OSHA standards.

• Training workers and employers

about high risk activities or hazards

identified by OSHA through the priority

planning process or otherwise, or as part

of an OSHA special emphasis program.

Grantees are expected to develop

training and/or educational programs

that address one of the topics named by

OSHA (see below), recruit workers and

employers for the training, and conduct

the training. Grantees will also be

expected to follow-up with people who

have been trained to find out what, if

any, changes were made to reduce

hazards in their workplaces as a result

of the training.

What Are the Training Topics This

Year?

The purpose of this notice is to

announce that funds are available for

grants. Each grant application must

address one of the following topic areas.

1. Construction. Applicants may

address one of the following topics.

• Recognition and avoidance of lead

and silica hazards in bridge repair and

renovation.

• Safety and health hazards in

highway construction with emphasis on

preventing fatalities, particularly those

caused by being struck by vehicles and

equipment.

• Recognition and avoidance of

electrical hazards in construction,

particularly contact with overhead

power lines. Projects will emphasize

developing systems and procedures that

will provide ongoing training programs

for new employees after the grant has

ended.

2. Silica in general industry.

Recognition and avoidance of silica

hazards in industries where

sandblasting is a process, such as metal

finishing, or where silica is part of the

manufacturing process, such as cement.

3. Food processing. Safety and health

hazards in red meat and/or poultry

processing.