Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices 36391

Department will issue appraisement

instructions directly to the Customs

Service. Furthermore, the following

deposit requirements will be effective

upon publication of the final results of

this administrative review for all

shipments of TRBs from Romania

entered, or withdrawn from warehouse,

for consumption on or after the

publication date, as provided for by

section 751(a)(2)(c) of the Act: (1) the

cash deposit rate for TIE will be the rate

we determine in the final results of

review; (2) for all other Romanian

exporters, the cash deposit rate will be

the Romania-wide rate made effective

by the amended final results of the

1994–95 administrative review (see

Tapered Roller Bearings and Parts

Thereof, Finished or Unfinished, from

Romania; Amendment of Final Results

of Antidumping Duty Administrative

Review, 61 FR 59416 (November 22,

1996)); (3) for non-Romanian exporters

of subject merchandise from Romania,

the cash deposit rate will be the rate

applicable to the Romanian supplier of

that exporter. These deposit

requirements, when imposed, shall

remain in effect until publication of the

final results of the next administrative

review.

This notice serves as a final reminder

to importers of their responsibility

under 19 CFR 353.26 of the

Department’s regulations to file a

certificate regarding the reimbursement

of antidumping duties prior to

liquidation of the relevant entries

during this review period. Failure to

comply with this requirement could

result in the Secretary’s presumption

that reimbursement of antidumping

duties occurred and the subsequent

assessment of double antidumping

duties.

This notice also serves as a reminder

to parties subject to administrative

protective order (‘‘APO’’) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 353.34(d)(1). Timely

written notification of the return/

destruction of APO materials or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and terms of an

APO is a sanctionable violation.

This notice is issued and published in

accordance with sections 751(a)(1) and

777(i)(1) of the Act.

Dated: June 11, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–17788 Filed 7–2–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Procedures for Delivery of HEU Natural

Uranium Component in the United

States

AGENCY: Import Administration,

International Trade Administration,

U.S. Department of Commerce.

ACTION: Notice.

SUMMARY: The Department of Commerce

is announcing procedures and required

certifications pursuant to the USEC

Privatization Act.

EFFECTIVE DATE: March 20, 1998.

FOR FURTHER INFORMATION CONTACT:

James Doyle, Karla Whalen, or Letitia

Kress, AD/CVD Enforcement Group III,

Office VII, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, DC 20230, telephone: (202)

482–0159, (202) 482–1386, or (202) 482–

6412, respectively.

Background

On April 25, 1996, Congress passed

the United States Enrichment

Corporation Privatization Act (The

USEC Privatization Act), 42 U.S.C.

2297h et seq. The USEC Privatization

Act required the U.S. Department of

Commerce (the Department) to

administer and enforce the limitations

set forth in Section 42 U.S.C. 2297h–

10(b)(5) of the USEC Privatization Act.

On January 7, 1998, the Department

issued Procedures for Delivery of HEU

Natural Uranium Component in the

United States (The HEU Procedures).

On March 20, 1998, the Department

issued Annex 1 to the HEU Procedures

to clarify certain requirements detailed

in the HEU Procedures. This

announcement provides public

notification of the HEU Procedures and

their Annex 1. Annex 1 details required

certification language and includes two

additional certification requirements in

items A and C. Item A is an amendment

to the certifications currently required

of all importers of uranium, regardless

of national origin. Item B is the

designated agent’s certification referred

to Section B of the HEU Procedures.

Item C lists all the certifications which

must accompany all quarterly reports

submitted to the Department in

accordance with section C of the HEU

Procedures.

The following Attachment 1 provides

the Procedures for the Delivery of HEU

Natural Uranium Component in the

United States and Attachment 2

provides Annex 1 to the HEU

Procedures.

Dated: June 25, 1998.

Joseph A. Spetrini,

Deputy Assistant Secretary, AD/CVD

Enforcement Group III, Import

Administration.

Attachment 1—Procedures for Delivery of

HEU Natural Uranium Component in the

United States

A. Annual Maximum Deliveries

The United States Department of

Commerce (‘‘the Department’’) designates the

Ministry of Atomic Energy of the Russian

Federation (‘‘MINATOM’’), or its designated

agent, to allocate the annual maximum

deliveries of HEU natural uranium

component among any marketing agent(s)

authorized by MINATOM to sell the HEU

natural uranium component in the United

States. The annual maximum deliveries

which may be allocated by MINATOM are set

forth in the United States Enrichment

Corporation (USEC) Privatization Act, 42

U.S.C. 2297h–10(b)(5) (‘‘Delivery Schedule’’).

For each agent receiving a delivery

allocation, MINATOM will issue a certificate

identifying such agent, the duration of the

allocation, and the maximum annual amount

to be delivered under that certificate. The

certificate(s) will also contain a statement

that the material to be delivered to the agent

for sale in the United States will be delivered

for consumption only. MINATOM will

provide a copy of all such certificates to the

Department within 10 days of issuance.

The cumulative amount of the deliveries

authorized by such certificates each year may

not exceed the annual maximum deliveries

set forth in the Delivery Schedule. Annual

deliveries allocated to any given agent may

be re-allocated to any other agent(s) or to

MINATOM within the same annual period

subject to the annual maximum deliveries

under the following conditions:

—The Department is notified of the reallocation no later than December 1 of the

affected annual period;

—MINATOM provides the Department with

a copy of the amended and/or terminated

certificate(s) from which delivery

allocation is to be withdrawn and a copy

of the new certificate(s) re-allocating such

deliveries.

New contracts entered into by any agent(s)

as a result of re-allocation will be subject to

the approval process outlined in paragraph B.

If, in any given annual period, an agent

delivers less than the maximum

flexibility(ies) under an approved contract(s),

such agent may enter into a new contract(s)

for the difference between its actual

deliveries during that year and the maximum

flexibilities under the contract(s) for that

same year, provided that the agent’s total

annual deliveries under all contracts do not

exceed the agent’s delivery allocation or the

annual maximum deliveries and provided

that the following conditions are met:

—The Department is notified of the agent’s

intention to re-direct deliveries by

December 1;
36392 Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices

1For consumption means for use as nuclear fuel.

Swaps, exchanges or loans of material may be

conducted solely for the purpose of facilitating

further processing and use as nuclear fuel. All such

permitted swaps, exchanges or loans must be

documented to the Department prior to each such

transaction. The Department considers swaps,

exchanges or loans that will result in significant

disruptions to the uranium production market and

in the depression of market prices to be a

circumvention of Section 3112(b) of the USEC

Privatization Act. The material may be re-sold as a

result of a force majeure.

—All new contracts entered into by agents

resulting from re-direction of deliveries

must be approved under paragraph B.

On December 31 of each year, any portion

of the annual maximum deliveries not so

delivered in that year will be forfeited.

B. Contract Monitoring and Approval

The Department will require all authorized

agents to submit for approval all contracts

related to the sale of the HEU natural

uranium component to end-users for

consumption in the United States. Contract

approval will be contingent on the following

requirements:

—A certificate as provided for in paragraph

A confirming that the relevant agent has

been allowed sufficient amounts for

deliveries by MINATOM to fulfill its

obligations under the submitted contract;

—A schedule of deliveries indicating the

date, amount, and point of each delivery;

—A statement in the contract that the

material to be sold is of Russian origin;

—A statement in the contract that the sale is

for consumption only.1

—A certification from the relevant agent that

the deliveries pursuant to the contract

submitted for approval, when combined

with deliveries pursuant to other approved

contracts entered into by that agent, do not

exceed that agent’s delivery allocation for

any given annual period. In addition, each

agent shall certify to the Department that

such agent’s sales of Russian uranium are

solely for consumption and do not

circumvent, directly or indirectly, the

limitations set forth in Section 3112(b) of

the USEC Privatization Act and the

procedures set forth in this document.

The Department will officially notify the

relevant agent of contract approval/rejection

within 10 business days of contract

submission. If an approved contract is

subsequently terminated as a result of force

majeure, the Department will allow the

affected agent to replace such contract with

a newly executed contract, subject to the

approval process outlined above, provided

that the agent’s delivery allocation and the

annual maximum deliveries are not

exceeded.

The Department will develop a separate

record for actions undertaken pursuant to the

USEC Privatization Act and will announce

filing procedures consistent with existing

antidumping procedures during January

1998.

C. Quarterly Reports/Verification

The Department will require quarterly

reports from all authorized agents of HEU

natural uranium component detailing all

activity relating to the movement of HEU

natural uranium component into and out of

their respective accounts. In addition, the

Department will require similar quarterly

reports from the administrator of the account

holding the HEU natural uranium component

prior to sale, e.g., USEC. These reports will

be submitted on May 1, August 1, November

1, and February 1 of each year for the

quarters ending March 31, June 30,

September 30, and December 31.

The Department reserves the right to verify

quarterly reports and to restrict future

deliveries from any account in which the

reported activity appears to be in violation of

these procedures and/or the annual

maximum deliveries if such potential

violations are not rectified to the satisfaction

of the Department and MINATOM.

MINATOM and the Department will hold

annual consultations subsequent to the filing

of the quarterly report due February 1 of each

year for the purpose of exchanging/reviewing

all data pertaining to deliveries of HEU

natural uranium component under these

procedures.

D. Re-importation

The Department will outline documentary

requirements for re-entry of HEU natural

uranium component which has been

exported from the United States for further

processing and re-imported for consumption.

E. Enforcement

If the Department finds that an agent has

exceeded its delivery allocation and/or the

annual maximum deliveries set forth in the

Delivery Schedule, the Department will

require USEC or the appropriate entity to

withhold any further release of HEU natural

uranium component from the agent’s

account, until the problem has been

satisfactorily resolved among the

Department, MINATOM, and the agent.

In accordance with Section 3112(b)(9) of

the USEC Privatization Act (42 USC 2297h–

10(b)(9)), the Department reserves the right to

require any other certifications, information,

or take any other action necessary to enforce

the annual maximum deliveries provided for

therein.

F. Review of Procedures

By September 1998, the Department will

initiate a review of these procedures to

ensure that its statutory obligations are being

met. Comments by interested parties

regarding necessary/desirable changes to

these procedures will be solicited and fully

considered. If the department determines that

changes are warranted, new procedures will

be implemented effective January 1, 1999.

Attachment 2—Procedures for Delivery of

HEU Natural Uranium Component in the

United States, Annex #1 Required

Certifications

On January 7, 1998, the Department of

Commerce (the Department) issued the

Procedures for Delivery of HEU Natural

Uranium Component in the United States

(the HEU Procedures), pursuant to the United

States Enrichment Corporation Privatization

Act (The USEC Privatization Act), 42 U.S.C.

2297h–10(b)(9). In order to further clarify

certain requirements of the HEU Procedures,

the Department will periodically issue

supplemental statements. This annex sets

forth certification language required under

the HEU Procedures and includes two new

certification requirements in items A and C.

The certification stated in item A is required

of all importers of uranium, regardless of

origin. The certifications stated in item C

must accompany all quarterly reports

submitted to the Department in accordance

with paragraph C of the HEU Procedures.

A. Importer Certifications

The importer of record must certify the

following to the United States Customs

Service (and provide a copy of such

certification to the Department):

(Importer name) hereby certifies that the

material being imported was not obtained

under any arrangement, swap, exchange, or

other transaction designed to circumvent the

agreements with Kazakhstan, Kyrgyzstan, the

Russian Federation and Uzbekistan, as

amended, the antidumping duty order on

Ukraine, or the delivery limitation set forth

in Section 3112(b) of the USEC Privatization

Act, 42 U.S.C. 2297h et seq., and the

Procedures for Delivery of HEU Natural

Uranium Component in the United States.

B. Contract Approval Certifications

(Designated agent) certifies that the total

annual deliveries under the contract between

(seller) and (purchaser), contract number

(insert #), and executed on (insert date),

when added to annual delivery quantities of

other contracts approved in accordance with

the HEU Procedures for Delivery of HEU

Natural Uranium Component in the United

States, will not exceed the maximum annual

delivery quantity allocated to (designated

agent) by (MINATOM) for that given year, or

the annual maximum delivery quantity

established in Section 3112(b)(5) of the USEC

Privatization Act for the year in which

deliveries under this contract will be made.

(Designated agent) further certifies that the

sale of the HEU Natural Uranium Component

is solely for consumption and does not

circumvent, directly or indirectly, the

limitations set for in Section 3112(b) of the

USEC Privatization Act or the Procedures for

Delivery of HEU Natural Uranium

Component in the United States.

C. Quarterly Report Certifications

(Certifying party) certifies that it holds an

HEU Natural Uranium Component account(s)

at (state name of entity(ies)), and that all HEU

Natural Uranium Component transferred

from or into this (these) account(s) during

calendar quarter (indicated dates) has been

transferred in accordance with only the

following: (1) an approved matched sale

under 3112(b)(6) of the USEC Privatization

Act and Section IV of the Agreement

Suspending the Antidumping Investigation

on Uranium from the Russian Federation, as

amended, (2) for use in overfeeding in U.S.

enrichment facilities pursuant to Section

3112(b)(7) of the USEC Act; (3) for delivery

to a United States end-user for consumption,

within the delivery limits of the USEC

Privatization Act Section 3112(b)(5); (4) for

export out of the United States; (5) for further

processing on behalf of (name of entity); or

(6) to another designated agent.
Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices 36393

(Certifying party) further certifies that none

of the HEU Natural Uranium Component

transferred from or into this (these)

account(s) during calendar quarter (indicate

dates) has been loaned, swapped, exchanged

or used in any arrangement which directly or

indirectly circumvents the limitations set

forth in section 3112(b) of the USEC

Privatization Act, the Agreement Suspending

the Antidumping Investigation on Uranium

from the Russian Federation, as amended, or

the Procedures for Delivery of HEU Natural

Uranium Component in the United States.

[FR Doc. 98–17787 Filed 7–2–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

Science Advisory Board; Notice of

Open Meeting

AGENCY: Office of the Administrator,

National Oceanic and Atmospheric

Administration.

SUMMARY: The Science Advisory Board

(SAB) was established by a Decision

Memorandum dated September 25,

1997, and is the only Federal Advisory

Committee with responsibility to advise

the Under Secretary of Commerce of

Oceans and Atmosphere on long- and

short-range strategies for research,

educating and application of science to

resource management. SAB activities

and advice will provide necessary input

to ensure that National Oceanic and

Atmospheric Administration (NOAA)

science programs are of the highest

quality and provide optimal support to

resource management.

TIME AND PLACE: July 23, 1998 from 8:30

AM to 5:00 PM, and July 24 from 8:30

AM to 12:00 PM. The meeting will take

place at the Main Commerce Building,

Room 4832, 14th and Constitution

Avenue, N.W., Washington, D.C. 20230.

Agenda

1. Receive overview of NOAA science

programs and priority science issues

from NOAA Line Offices, with

subsequent questions and discussion by

SAB.

2. Discuss trends in federal science

budgets with special emphasis on

NOAA programs.

3. Receive and discuss input from key

outside constituent groups regarding

NOAA science programs.

4. Receive and discuss input from the

public regarding NOAA science

programs.

5. Discuss and formulate strategy for

developing recommendations to the

Under Secretary of Commerce for

Oceans and Atmosphere regarding longand short-range NOAA research,

education and application of science to

resource management.

PUBLIC PARTICIPATION: The meeting will

be open to public participation with at

least one (1) hour set aside during the

meeting on July 24, 1998 for oral

comments or questions. The SAB

expects that public statements presented

at its meetings will not be repetitive of

previously submitted oral or written

statements. In general, each individual

or group making an oral presentation

will be limited to a total time of (5)

minutes. Written comments (at least 35

copies) should be received in the SAB

Executive Director’s Office by July 13,

1998 in order to provide sufficient time

for SAB review prior to meeting dates.

Written comments received by the SAB

Executive Director after July 13 will be

distributed to the SAB, but may possibly

not be received prior to the meeting

dates. Approximately twenty (20) seats

will be available for the public

including five (5) seats reserved for the

media. Seats will be available on a firstcome first-served basis.

FOR FURTHER INFORMATION CONTACT: Dr.

Michael P. Crosby, Executive Director,

Science Advisory Board, NOAA, HCHB,

Rm. 5128, 14th St. & Constitution Ave.,

NW. Washington, DC 20230 [Phone:

202–482–2977, Fax: 202–501–3068, Email: MICHAEL.CROSBY@NOAA.GOV]

Dated: June 29, 1998.

D. James Baker,

Under Secretary for Oceans and Atmosphere,

and Administrator for NOAA.

[FR Doc. 98–17775 Filed 7–2–98; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 062598A]

Western Pacific Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting.

SUMMARY: The Western Pacific Fishery

Council (Council) will hold its 69th

meeting of its Scientific and Statistical

Committee (SSC) in Honolulu, HI.

DATES: The SSC meeting will be held on

July 21–23, 1998, from 8:30 a.m. to 5:00

p.m., each day.

ADDRESSES: The 69th SSC meeting will

be held at the Council office conference

room, 1164 Bishop St., Suite 1400,

Honolulu, HI; telephone: (808–522–

8220).

Council address: Western Pacific

Fishery Management Council, 1164

Bishop St., Suite 1400, Honolulu, HI,

96813.

FOR FURTHER INFORMATION CONTACT:

Kitty M. Simonds, Executive Director;

telephone: 808–522–8220.

SUPPLEMENTARY INFORMATION: The SSC

will discuss and may make

recommendations to the Council on the

agenda items below. The order in which

agenda items will be addressed can

change.

Tuesday, July 21, 1998, 8:30 a.m.

A. Pelagics

1. 2nd quarter 1998 report for longline

fisheries in Hawaii & American Samoa;

2. Final review of area closure

framework measure for American

Samoa;

3. Reports on the 3rd Multilateral

High-level Conference;

4. Protected species interactions:

albatross and turtles;

5. Issues concerning shark finning in

the western Pacific region;

6. Report on universal minimum size

limit for swordfish in the USA;

7. Pelagic longline and charter

interactions in Hawaii;

8. Report on Pelagic Fisheries

Research Program studies;

9. Report on Secretariat of Pacific

Community meetings;

10. Summary of 1997 annual report;

and

11. Public Comment/Hearing.

B. Bottomfish

1. Summary of 1997 annual report,

including recommendations;

2. Management of main Hawaiian

Islands onaga, ehu and hauupuu; status

of Hawaii Institute of Marine Biology

genetic research on stock range, NMFS

research activities in Hawaii, Guam and

CNMI, implementation of Department of

Land and Natural Resources’

management plan and Federal

management alternatives; and

3. Public Comment.

C. Sustainable Fisheries Act (SFA)

Final review of comprehensive SFA

amendment for all fishery management

plans regarding bycatch, fishing sectors,

fishing communities, overfishing and

designation of essential fish

habitat(EFH), potential fishing and nonfishing threats to EFH, and conservation

and enhancement measures to mitigate

impacts to EFH; and environmental

impact of SFA provisions. Copy of draft

amendment is available for public

review and comment by contacting the

Council office.