Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Notices 30037

Western Ry. Co.—Trackage Rights—BN, 354 I.C.C.

605 (1978), as modified in Mendocino Coast Ry.,

Inc.—Lease and Operate, 360 I.C.C. 653 (1980).

Section 11326(b) provides that parties may agree to

terms other than as provided in that subsection.

2The notice to employees discussed in WCL

Exemption and recently adopted as a requirement

for certain transactions in Acquisition of Rail Lines

Under 49 U.S.C. 10901 and 10902—Advance Notice

of Proposed Transactions, STB Ex Parte No. 562

(STB served Sept. 9, 1997), does not apply to

exempt trackage rights transactions.

The transaction is scheduled to be

consummated on or after June 1, 1998.2

This notice is filed under 49 CFR

1180.2(d)(7). If it contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33600, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Michael J.

Barron, Jr., Esq., Wisconsin Central Ltd.,

6250 North River Road, Suite 9000,

Rosemont, IL 60018.

Decided: May 26, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–14468 Filed 6–1–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Community Development Financial

Institutions Fund

[No. 981–0158]

Notice Inviting Applications to the

Presidential Awards for Excellence in

Microenterprise Development

AGENCY: Community Development

Financial Institutions Fund, Treasury.

ACTION: Notice inviting applications.

SUMMARY: The Presidential Awards for

Excellence in Microenterprise

Development (‘‘Microenterprise

Awards’’) is a non-monetary awards

program created as a result of one of the

commitments made by the United States

at the United Nations Fourth World

Conference on Women held in Beijing,

China in September 1995. As a key

development finance initiative of the

Administration, the Community

Development Financial Institutions

Fund (‘‘Fund’’) of the U.S. Department

of the Treasury was selected to

administer the Microenterprise Awards

Program. The Community Development

Banking and Financial Institutions Act

of 1994 (12 U.S.C. 4701 et seq.) created

the Fund to promote economic

revitalization and community

development through investment in

community development financial

institutions. This Notice provides

guidance on the Microenterprise

Awards Program requirements, selection

criteria and how to obtain an

application packet.

DATES: Applications are currently being

accepted by the Fund. The deadline for

receipt of an application is 6 p.m. EDT,

July 31, 1998. Applications received in

the office of the Fund after that date and

time will be returned to the sender.

Applications sent electronically or by

facsimile will not be accepted.

ADDRESSES: Applications shall be sent

to: Awards Manager, the Community

Development Financial Institutions

Fund, U.S. Department of the Treasury,

601 Thirteenth Street, NW., Washington

DC 20005.

FOR FURTHER INFORMATION CONTACT:

Microenterprise Awards Program

Manager, the Community Development

Financial Institutions Fund, U.S.

Department of the Treasury, 601

Thirteenth Street, NW., Suite 200 South,

Washington DC 20005, (202) 622–8662.

(This is not a toll free number.) If you

have any questions about this Notice or

the application packet, you may call or

write to the Fund at the above telephone

number or address, or you may send

questions via facsimile to (202) 622–

7754. To request an application packet,

please send by facsimile a written

request which includes the name of the

requester, the organization, mailing

address, telephone number and

facsimile number. Requests for an

application packet should be sent by

facsimile to (202) 622–7754.

SUPPLEMENTAL INFORMATION:

I. Background

The Presidential Awards for

Excellence in Microenterprise

Development (‘‘Microenterprise

Awards’’) were created to recognize the

important and growing role of

microenterprises within the economy of

the United States. In the past decade,

the number of microenterprises and

Microentrepreneurs has grown

significantly, as well as the number of

community development organizations

that have worked to facilitate the growth

and development of this

Microenterprise industry. A

microenterprise is a sole proprietorship,

partnership, family business or an

incorporated entity that has no more

than five employees, including the

owner(s), does not generally have access

to the commercial banking sector, and

has use for and/or seeks a loan of

$25,000 or less. The Microenterprise

Awards reflect a national commitment

to advance the role that microenterprise

development plays in enhancing

entrepreneurial opportunities for all

Americans, particularly women, low

income people, and others that have had

difficulty gaining access to the financial

services industry and the economic

mainstream. By recognizing outstanding

microenterprise development and

support organizations, the

Microenterprise Awards’ mission is to

advance an understanding of ‘‘best

practices’’ in the field of

microenterprise development and bring

wider public attention to the important

successes of microenterprise

development in the United States.

Awards are non-monetary and given

annually. They are available in different

categories designed to reflect the diverse

activities, purposes and challenges

faced by the microenterprise industry.

II. Definitions

(a) Low Income means having an

income of no more than 80 percent of

the area median family income.

(b) Microenterprise Development

Organization (MDO) means a

‘‘practitioner’’ organization that works

directly with Microentrepreneurs and

meets three tests, primary purpose,

domestic program and program

activities.

(i) Primary Purpose. The organization

must have a primary purpose of

promoting Microenterprise

development. An applicant will be

considered to have such a primary

purpose if it:

(A) Has been in operation for at least

two complete calendar or fiscal years;

(B) Made at least one Micro Loan to

a Microenterprise within the past 12-

months; and

(C) Has targeted its efforts principally

to activities that support

Microentrepreneurs. Such activity

targeting may be evaluated by the

number of Microentrepreneurs served,

number of Micro Loans made, the total

dollar amount of Micro Loans made, or

other criteria deemed appropriate by the

Fund. The primary purpose requirement

will be applied to the applicant as a

whole or an affiliate, division or a

discrete program of a larger

organization, as deemed appropriate by

the Fund.

(ii) Domestic Program. The

organization must exclusively serve or

have a program that exclusively serves
30038 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Notices

individuals that are residents of the

United States, including the District of

Columbia, or any territory of the United

States, the Commonwealth of Puerto

Rico, Guam, American Samoa, the Trust

Territories of the Pacific Islands, the

Virgin Islands, and the Commonwealth

of the Northern Mariana Islands.

(iii) Program Activities. The

organization must currently provide the

following services to

Microentrepreneurs:

(A) Access to Micro Loans, directly or

through a formal partnership, as

evidenced by a written agreement or

letter of understanding, with another

organization; and

(B) Access to training, counseling or

technical assistance, directly or through

a formal partnership, as evidenced by a

written agreement or letter of

understanding, with another

organization. Such training, counseling

or technical assistance must provide

assistance to Microentrepreneurs for the

purpose of enhancing business

planning, marketing, management,

financial management, or other aspects

of developing a successful business.

(c) Microenterprise Support

Organization (MSO) means an entity

that does not work directly with

Microentrepreneurs but supports the

efforts of MDOs through financial or

technical assistance, research or other

activities. An MSO shall either:

(i) Provide financial or technical

assistance directly to MDOs; or

(ii) Make contributions indirectly to

the field of MDOs through research or

other activities that enhance the

knowledge, capacity, or visibility of the

Microenterprise field.

Further, an MSO shall not provide

services directly to Microentrepreneurs

as its principal line of business.

(d) Micro Loan means a loan made for

business purposes to a

Microentrepreneur in a principal

amount which does not exceed $25,000.

A loan for business purposes does not

include a loan made for the purpose of

the acquisition, construction, or

rehabilitation of real estate.

(e) Microenterprise means a sole

proprietorship, partnership, family

business, or an incorporated entity that

has no more than five employees,

including the owner(s), does not

generally have access to the commercial

banking sector, and has use for and/or

seeks a loan of $25,000 or less.

(f) Microentrepreneur means the

owner of a Microenterprise or an

individual seeking to establish a

Microenterprise.

(g) Poverty means the state or

condition of being poor as defined by

the U.S. Bureau of the Census.

III. Award Categories

The Microenterprise Awards Program

consists of five categories in which

awards may be given. The award

categories are intended to embrace the

diverse activities and purposes of

Microenterprise development and the

key opportunities and challenges faced

by the Microenterprise field. Up to two

awards may be made in each award

category. Applicants may apply under

only one award category each year. The

award categories are as follows:

(a) Excellence in Providing Access to

Capital. This award category recognizes

MDOs that have achieved outstanding

success in broadening the availability of

credit to Microentrepreneurs through

the provision of Micro Loans or Micro

Loan guarantees;

(b) Excellence in Developing

Entrepreneurial Skills. This award

category recognizes MDOs that have

demonstrated effectiveness in building

entrepreneurial skills through providing

training, technical assistance or other

skill development activities that help

develop successful Microentrepreneurs;

(c) Excellence in Poverty Alleviation.

This award category recognizes MDOs

that have developed effective and

innovative strategies or methods of

alleviating poverty and/or improving

the well being of Low Income

individuals through the development of

Microentrepreneurs. (Applicants in this

category need not work exclusively with

Low Income clients. However, this

category is intended to recognize

programs that target a significant

portion of their efforts to serve Low

Income clients.);

(d) Excellence in Program Innovation.

This award category recognizes MDOs

that best reflect a new level of

development for the Microenterprise

field and/or a new strategy for

addressing a problem of significant

concern to the Microenterprise field;

and

(e) Excellence in Public or Private

Support for Microenterprise

Development. This award category

recognizes outstanding MSOs that have

provided significant or innovative

support to MDOs or the development of

the Microenterprise field.

IV. Eligibility

The eligibility requirements of the

Microenterprise Awards are established

by each award category. MDOs are

eligible to apply under the following

categories: Excellence in Providing

Access to Capital; Excellence in

Developing Entrepreneurial Skills;

Excellence in Poverty Alleviation; and

Excellence in Program Innovation.

MSOs are eligible to apply under the

Excellence in Public or Private Support

for Microenterprise Development award

category. If an applicant has previously

received an award in a specific award

category, such applicant is ineligible to

apply for an award in the same category

for a period of three years. (For example,

a 1997 award winner in a category

cannot apply for an award in that same

category until the year 2000.)

V. Selection Process and Criteria

Winners of the Microenterprise

Awards will be selected through a

competitive application and review

process. Each award category has a set

of ‘‘category specific’’ criteria that will

be used to evaluate the extent of an

applicant’s achievement of excellence.

In addition, all applicants will be

evaluated using ‘‘organization’’ criteria

which will gauge their viability and

overall condition. Successful applicants

must demonstrate both qualitatively and

quantitatively their effectiveness and/or

excellence under both the categoryspecific and the organization selection

criteria.

The Microenterprise Awards

application packet includes application

forms and questions that are tailored to

each award category. The categoryspecific criteria are summarized below:

(a) Excellence in Providing Access to

Capital: scope and scale; impact;

program design effectiveness; quality;

and sustainability.

(b) Excellence in Developing

Entrepreneurial Skills: scope and scale;

impact; program design effectiveness;

and creativity.

(c) Excellence in Poverty Alleviation:

scope and scale; impact; program design

effectiveness; and extent of targeting.

(d) Excellence in Program Innovation:

scope and scale; impact; program design

effectiveness; creativity; and relevance

to the industry.

(e) Excellence in Public or Private

Support for Microenterprise

Development: scope and scale; impact;

program design effectiveness; creativity;

and commitment.

The ‘‘organization’’ criteria for the

Excellence in Providing Access to

Capital, Excellence in Developing

Entrepreneurial Skills, Excellence in

Poverty Alleviation, and Excellence in

Program Innovation award categories

are: financial health and organizational

strength; program management and

implementation; replicability; and

leadership. The ‘‘organization’’

evaluation criteria for the Excellence in

Public or Private Support for

Microenterprise Development award

category are program implementation,

replicability, and leadership. The
Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Notices 30039

category specific and organization

criteria are fully discussed in the

application materials which can be

obtained from the Fund.

Authority: Pub. L. 103–325, 108 Stat. 2166,

2189 (12 U.S.C. 4703); chapter X, Pub. L.

104–19, 109 Stat. 237 (12 U.S.C. 4703 note).

Dated: May 28, 1998.

Ellen Lazar,

Director, Community Development Financial

Institutions Fund.

[FR Doc. 98–14531 Filed 6–1–98; 8:45 am]

BILLING CODE 4810–70–P

DEPARTMENT OF THE TREASURY

Customs Service

[T.D. 98–53]

Customs Bond Cancellation Standards

for Imports of Softwood Lumber From

Canada

AGENCY: U. S. Customs Service,

Department of the Treasury.

ACTION: General notice.

SUMMARY: Under section 623(c) of the

Tariff Act of 1930, as amended (19

U.S.C. 1623(c)), the Secretary of the

Treasury is required to publish

guidelines for the cancellation of

Customs bonds or charges thereunder.

On February 26, 1997, Customs

published T.D. 97–9 in the Federal

Register (62 FR 8620) setting forth

interim amendments to the Customs

Regulations concerning the entry of

certain softwood lumber products from

Canada. Those amendments included

additions to the conditions of the basic

importation bond (19 CFR 113.62) to

cover the production of, and liability for

liquidated damages for failure to

produce, export permit information

pertaining to such softwood lumber

products. This document publishes

guidelines for cancellation of bond

charges arising from such defaults.

EFFECTIVE DATE: These guidelines will

take effect on June 2, 1998, and shall be

applicable to all cases which are

currently open at the petition or

supplemental petition stage.

FOR FURTHER INFORMATION CONTACT:

Jeremy Baskin, Penalties Branch, Office

of Regulations and Rulings (202–927–

2344).

SUPPLEMENTARY INFORMATION:

Background

Section 1904 of the Omnibus Trade

and Competitiveness Act of 1988 (Pub.

L. 100–418, 102 Stat. 1107) amended

section 623(c) of the Tariff Act of 1930,

as amended (19 U.S.C. 1623(c)), to

require that the Secretary of the

Treasury publish guidelines establishing

standards for setting the terms and

conditions for cancellation of Customs

bonds or charges thereunder. The

authority to promulgate such guidelines

had been delegated to the Commissioner

of Customs by Paragraph 1 of Treasury

Department Order No. 165, revised (T.D.

53654). Guidelines pursuant to section

623(c) were initially published by

Customs in the Federal Register in T.D.

89–48 on April 21, 1989 (54 FR 16182),

and those guidelines were subsequently

revised and republished in their entirety

in T.D. 94–38 which appeared in the

Federal Register on April 14, 1994 (59

FR 17830).

On February 26, 1997, Customs

published T.D. 97–9 in the Federal

Register (62 FR 8620) setting forth

interim amendments to the Customs

Regulations concerning the entry of

certain softwood lumber products from

Canada. Those amendments included

the addition of a new § 12.140 (19 CFR

12.140) which sets forth special entry

requirements for the subject lumber,

including the obligation of the importer

of record to obtain and provide to

Customs information regarding the

issuance of a Canadian export permit for

the lumber. T.D. 97–9 also amended the

provisions of the basic importation bond

in § 113.62 (19 CFR 113.62) by the

addition of a new paragraph (k) (with

existing paragraph (k) redesignated as

paragraph (l)) and by the addition of a

new subparagraph (5) under newly

designated paragraph (l). New paragraph

(k) obligates the bond principal, as

required by new § 12.140(a), to assume

the obligation to ensure within 20

working days of release of the

merchandise, and establish to the

satisfaction of Customs, that the

applicable export permit has been

issued by the Government of Canada.

Under new paragraph (l)(5), failure of

the bond principal to meet the

paragraph (k) obligation will result in

assessment of liquidated damages equal

to $100 per thousand board feet of the

imported lumber.

In accordance with the provisions of

section 623(c), this document sets forth

standards for the cancellation of claims

for liquidated damages assessed under

§§ 12.140, 113.62(k) and 113.62(l)(5).

These standards distinguish those

claims in which the required export

permits are presented in an untimely

fashion from those instances where the

export permits are not presented at all.

The standards permit cancellation of

liquidated damages incurred for late

presentation of the necessary

information upon payment of an

amount between 25 and 50 percent of

the claim but not less than $500 and not

more than $3,000 per entry depending

upon the experience of the importer and

the number of violations incurred by the

importer as compared to the number of

importations made. If the claim is

issued for $500 or less, no relief will be

granted. If the necessary information is

never provided, the claim will be

collected in full. These claims for

liquidated damages may only be

assessed with regard to entries filed

subsequent to the effective date of the

interim regulations.

The text of the new guidelines is set

forth below:

Guidelines for Cancellation of Claims

for Late Filing or Failure to File

Softwood Lumber Information (19 CFR

12.140, 19 CFR 113.62(k), 19 CFR

113.62(l)(5))

A. Late presentation of export permit

information. Claims for liquidated

damages for late presentation of export

permit information shall be processed in

accordance with the following

guidelines.

1. Modified CF–5955A. Notices of

liquidated damages incurred may be

issued on a modified CF–5955A. The

modified form shall specify two options

from which the petitioner may choose to

resolve the demand.

a. Option 1. He may pay a specified

sum within 60 days and the case will be

closed. By electing this option in lieu of

petitioning, he waives his right to file a

petition.

b. Option 2. Petition for relief. The

bond principal or surety may file a

petition for relief. By filing a petition for

relief, the petitioner will no longer be

afforded the Option 1 mitigation

amount. The Fines, Penalties, and

Forfeitures Officer shall grant full relief

when the petitioner demonstrates that

the violation did not occur or occurred

solely as a result of Customs error. If the

petitioner fails to demonstrate that the

violation did not occur or occurred

solely as a result of Customs error, the

Fines, Penalties, and Forfeitures Officer

may cancel the claim upon payment of

an amount no less than $100 greater

than the Option 1 amount.

2. Cancellation of claims for late

presentation of export permit

information. Liquidated damages

incurred for late presentation of the

necessary information may be cancelled

upon payment of an amount between 25

and 50 percent of the claim but not less

than $500 and not more than $3,000.

Such amount may be afforded as an

Option 1 amount. Mitigation shall be

based upon the experience of the

importer and the number of violations

incurred compared with the number of

importations made. No relief shall be