3506 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules

accommodate as many requests to

participate as time permits. For further

information concerning hearing

procedures and rules of general

application, consult Part 201 of the

Commission’s Rules of Practice and

Procedure (19 CFR part 201).

DATES: The hearing will be held on

February 26, 1998, beginning at 9:30

a.m. Requests to appear at the hearing

should be filed in writing with the

Secretary to the Commission no later

than ten (10) days after the date of

publication of this document and

should identify the specific topics the

requestor wishes to discuss.

ADDRESSES: The hearing will be held at

the U.S. International Trade

Commission Building at 500 E Street,

SW, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: Vera

Libeau (202–205–3176), Office of

Investigations, U.S. International Trade

Commission, 500 E Street, SW,

Washington, DC 20436. Hearingimpaired persons can obtain

information on this matter 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 or ftp://ftp.usitc.gov).

Issued: January 20, 1998.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–1741 Filed 1–22–98; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL DEVELOPMENT

COOPERATION AGENCY

Agency for International Development

22 CFR Part 228

RIN 0412–AA37

Rules on Source, Origin and

Nationality for Commodities and

Services Financed by USAID:

Miscellaneous Amendments

AGENCY: United States Agency for

International Development (USAID),

IDCA.

ACTION: Proposed rule.

SUMMARY: USAID proposes to amend its

regulation on source, origin and

nationality for commodities and

services financed by USAID by revising

two rules, one on system determinations

for commodities and one on ocean

transportation eligibility, and clarifying

waiver provisions.

The proposal to amend the coverage

on systems determinations would allow

components of a commodity system to

be shipped to a cooperating country

without first being shipped to and

assembled in an eligible country. This

should reduce the cost of these

transactions by reducing unnecessary

shipments. The proposal to amend the

rules on eligibility of transshipments

would require that suppliers obtain a

determination from USAID that direct

service on a U.S. flag vessel is not

available before transshipment from a

U.S. flag to a non-U.S. flag vessel would

be eligible for USAID financing. This

will ensure compliance with Cargo

Preference requirements that direct U.S.

flag service be used when available.

DATES: Comments are due March 24,

1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen O’Hara, Office of Procurement,

Policy Division (M/OP/P) USAID,

Washington, DC 20523–1435.

Telephone: (703) 875–1534, facsimile:

(703) 875–1243, e-mail address:

kohara@usaid.gov.

SUPPLEMENTARY INFORMATION: The

regulation at 22 CFR part 228 was

published as a final rule September 15,

1996 (61 FR 53615). After operating

under the regulation for a year a few

areas have been identified that need

some additional coverage or

clarification. In Section 228.11, USAID

proposes to amend the current provision

which allows some commodity

transactions to be designated as systems

and thus be considered a single

commodity rather than a number of

separate commodities (e.g., a computer

system with CPU, monitor and

keyboard). Under the current rule, a

commodity must be produced in a

country included in the authorized

Geographic Code prior to shipment to

the cooperating country in order to meet

eligibility requirements, and the same

rule currently applies to a system. It can

add considerable expense to a

transaction if some components of a

system must be shipped to a country in

the authorized Geographic Code to be

assembled into a system prior to

shipment to the cooperating country in

order to meet USAID’s origin

requirement. In many cases where

systems determinations are appropriate

there is no practical need to assemble

the system prior to final installation in

the cooperating country. Thus, the

proposed rule would allow a system to

meet the origin requirement without

prior assembly in a country included in

the authorized Geographic Code

provided the supplier is responsible for

assembly in the cooperating country. The ocean transportation rule in

228.21 is being amended to ensure

compliance with cargo preference

requirements by limiting the use of

transshipments which begin on U.S. flag

vessels and move to non-U.S. flag

vessels to only those cases where direct

carriage on U.S. flag vessels is not

available. The proposed rule will

require the supplier to obtain a

determination from USAID that direct

service on a U.S. flag vessel to

destination is not available before a

U.S.-foreign flag transshipment will be

eligible for USAID financing. In

addition, section 228.21 is revised to

specify where USAID’S policies

implementing cargo preference are

located.

Editorial clarifications are being made

to the waiver provisions in Sections

228.51 and 228.53.

List of Subjects in 22 CFR Part 228

Administrative practice and

procedure, Commodity procurement,

Grant programs—foreign relations.

Accordingly 22 CFR part 228 is

proposed to be amended as follows:

PART 228—[AMENDED]

1. The authority citation continues to

read as follows:

Authority: Sec. 621, Pub. L. 87–195, 75

Stat. 445 (22 U.S.C. 2381), as amended; E.O.

12163, Sept. 29, 1979, 44 FR 56673; 3 CFR

1979 Comp., p. 435.

2. In § 228.11, paragraph (e) is revised

as follows:

§ 228.11 Source and origin of

commodities.

* * * * *

(e) Systems Determination. When a

system consisting of more than one

produced commodity is procured as a

single, separately priced item, USAID

may determine that the system itself

shall be considered a produced

commodity. When a determination is

made to treat a system as a produced

commodity, component commodities

which originate from other than an

authorized source country may be

shipped directly to, and the system

assembled in, the cooperating country,

unless USAID specifically determines

that assembly and shipment shall take

place in an authorized source country.

Transportation costs must still meet the

requirements in subpart C of this part in

order for them to be eligible for USAID

financing. USAID, or the importer in the

case of a Commodity Import Program,

shall inform the supplier of any system

determination.

* * * * *
Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules 3507

3. Section 228.21 is amended by

adding a sentence at the end of

paragraph (a) and revising paragraph

(c)(4) as follows:

§ 228.21 Ocean transportation.

(a) * * * USAID’s policy on

implementation of the Cargo Preference

Act is in USAID’s Automated Directives

System, Chapter 315.

* * * * *

(c) * * *

(4) USAID will finance costs incurred

on vessels under flag registry of any

Geographic Code 935 country if the

costs are part of the total cost on a

through bill of lading that is paid to a

carrier for initial carriage on a vessel

which is eligible in accordance with

paragraphs (c)(1), (2) or (3) of this

section; provided that for shipments

originating on a U.S. flag vessel with

transshipment to a non-US. flag vessel,

the supplier must obtain a

determination that direct service on a

U.S. flag vessel is not available from

USAID’s Office of Procurement,

Transportation Division, 1300

Pennsylvania Avenue NW., Washington,

DC 20523–7900.

4. Section 228.51, paragraph (a) is

amended by revising the introductory

paragraph and paragraph (a)(1) as

follows:

§ 228.51 Commodities.

(a) Waiver criteria. Any waiver must

be based upon one of the criteria listed

in this section. Waivers to Geographic

Code 899 or Code 935 which are

justified under paragraph (a) (2) or (3) of

this section may only be authorized on

a case-by-case basis. A waiver may be

authorized when:

(1) A commodity required for

assistance is of a type that is not

produced in or available for purchase in

the United States; in addition, for

waivers to any country or Geographic

code beyond Code 941 and the

cooperating country, the commodity is

of a type that is not produced in or

available for purchase in any country in

Code 941 or the cooperating country.

* * * * *

5. Section 228.53 is amended by

revising the introductory paragraph and

paragraph (a) as follows:

§ 228.53 Suppliers of services—privately

owned commercial suppliers and non-profit

organizations.

Waiver criteria. Any waiver must be

based upon one of the criteria listed in

this section. Waivers to Geographic

Code 899 or Code 935 which are

justified under paragraph (b) or (c) of

this section may only be authorized on

a case-by-case basis. A waiver may be

authorized when:

(a) Services required for assistance are

of a type that are not available for

purchase in the United States; in

addition, for waivers to any country or

Geographic Code beyond Code 941 and

the cooperating country, the services are

of a type that are not available for

purchase in any country in Code 941 or

the cooperating country.

* * * * *

Dated: January 5, 1998.

Marcus L. Stevenson,

Procurement Executive.

[FR Doc. 98–1572 Filed 1–22–98; 8:45 am]

BILLING CODE 6116–71–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

[OH–243–FOR]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Ohio

regulatory program (hereinafter the

‘‘Ohio program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of changes to

provisions of the Ohio rules pertaining

to permitting requirements, bond

release, and performance standards. The

amendment is intended to revise the

Ohio program to be consistent with the

corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [E.D.T.], February

23, 1998. If requested, a public hearing

on the proposed amendment will be

held on February 17, 1998. Requests to

speak at the hearing must be received by

4:00 p.m., [E.D.T.], on February 9, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to George

Rieger, Field Branch Chief, at the

address listed below.

Copies of the Ohio program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Appalachian Regional Coordinating

Center.

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, 3

Parkway Center, Pittsburgh, PA

15220, Telephone: (412) 937–2153.

Ohio Division of Mines and

Reclamation, 1855 Fountain Square

Court, Columbus, Ohio 43224,

Telephone: (614) 265–1076.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio program. Background information

on the Ohio program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the August 10,

1982, Federal Register (42 FR 34688).

Subsequent actions concerning the

conditions of approval and program

amendments can be found at 30 CFR

935.11, 935.12, 935.15, and 935.16.

II. Description of the Proposed

Amendment

By letter dated December 30, 1997

(Administrative Record No. OH–2174–

05), Ohio submitted a proposed

amendment to its program pursuant to

SMCRA and in accordance with 30 CFR

732.17(c). The provisions of the Ohio

Administrative Code (OAC) that Ohio

proposed to amend are: OAC 1501:13–

4–05—Permit Application

Requirements, OAC 1501:13–4–12—

Special Categories of Mining, OAC

1501:13–4–14—Underground Permit

Application Requirements, OAC

1501:13–7–05—Release of Performance

Bond, and OAC 1501:13–9–04—

Performance Standards.

Specifically, Ohio is proposing the

following changes. At OAC 1501:13–4–

05 and 13–4–14, Ohio is proposing to

replace the term ‘‘sedimentation pond’’

with ‘‘siltation structure’’ and to

reference the dam classification criteria

found in the Natural Resources

Conservation Service (NRCS) Technical

Release No. 60. AT OAC 1501:13–4–

12(E), Ohio is proposing to restrict

approximate original contour restoration

variances to only steep-slope mining

and reclamation operations. At 13–4–

12(F)(4)(E), Ohio is proposing to require