Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules 3505

(E) Has a family relationship with the

named party in interest.

(ii) Disclosure of relationship. Prior to

the consideration of any matter

involving a named party in interest,

each member of a self-regulatory

organization governing board,

disciplinary committee or oversight

panel must disclose to the appropriate

self-regulatory organization staff

whether he or she has one of the

relationships listed in paragraph (b)(1)(i)

of this section with the named party in

interest.

(iii) Procedure for determination.

Each self-regulatory organization must

establish procedures for determining

whether any member of its governing

board, disciplinary committees or

oversight committees is subject to a

conflicts restriction in any matter

involving a named party in interest.

Such determinations shall be based

upon:

(A) Information provided by the

member pursuant to paragraph (b)(1)(ii)

of this section; and

(B) Any other source of information

that is reasonably available to the selfregulatory organization.

(2) Financial interest in a significant

action—(i) Nature of interest. A member

of a self-regulatory organization’s

governing board, disciplinary committee

or oversight panel must abstain from

such body’s deliberations and voting on

any significant action if the member

knowingly has a direct and substantial

financial interest in the result of the

vote based upon either exchange or nonexchange positions that reasonably

could be expected to be affected by the

action.

(ii) Disclosure of interest. Prior to the

consideration of any significant action,

each member of a self-regulatory

organization governing board,

disciplinary committee or oversight

panel must disclose to the appropriate

self-regulatory organization staff the

position information referred to in

paragraph (b)(2)(iii) of this section that

is known to him or her.

(iii) Procedure for determination.

Each self regulatory organization must

establish procedures for determining

whether any member of its governing

board, disciplinary committees or

oversight committees is subject to a

conflicts restriction under this section

in any significant action. Such

determination must include a review of:

(A) Gross positions held at that selfregulatory organization in the member’s

personal accounts or ‘‘controlled

accounts,’’ as defined in § 1.3(j);

(B) Gross positions held at that selfregulatory organization in proprietary

accounts, as defined in § 1.17(b)(3), at

the member’s affiliated firm;

(C) Gross positions held at that selfregulatory organization in accounts in

which the member is a principal, as

defined in § 3.1(a);

(D) Net positions held at that selfregulatory organization in ‘‘customer’’

accounts, as defined in § 1.17(b)(2), at

the member’s affiliated firm; and

(E) Any other types of positions,

whether maintained at that selfregulatory organization or elsewhere,

that the self-regulatory organization

reasonably expects could be affected by

the significant action.

(iv) Bases for determination. Taking

into consideration the exigency of the

significant action, such determinations

should be based upon:

(A) The most recent large trader

reports and clearing records available to

the self-regulatory organization;

(B) Position information provided by

the member pursuant to paragraph

(b)(2)(ii) of this section; and

(C) Any other source of information

that is reasonably available to the selfregulatory organization.

(3) Participation in deliberations. (i)

Under the rules required by this section,

a self-regulatory organization governing

board, disciplinary committee or

oversight panel may permit a member to

participate in deliberations prior to a

vote on a significant action for which he

or she otherwise would be required to

abstain pursuant to paragraph (b)(2) of

this section if such participation would

be consistent with the public interest

and the member recuses himself or

herself from voting on such action.

(ii) In making a determination as to

whether to permit a member to

participate in deliberations on a

significant action for which he or she

otherwise would be required to abstain,

the deliberating body should consider

the following factors:

(A) Whether the member’s

participation in deliberations is

necessary for the deliberating body to

achieve a quorum in the matter; and

(B) Whether the member has unique

or special expertise, knowledge or

experience in the matter under

consideration.

(iii) Prior to any determination

pursuant to paragraph (b)(3)(i) of this

section, the deliberating body must fully

consider the position information which

is the basis for the member’s direct and

financial interest in the result of a vote

on a significant action pursuant to

paragraph (b)(2) of this section.

(4) Documentation of determination.

Self-regulatory organization governing

boards, disciplinary committees, and

oversight panels must reflect in their

minutes or otherwise document that the

conflicts determination procedures

required by this section have been

followed. Such records also must

include:

(i) The names of all members who

attended the meeting in person or who

otherwise were present by electronic

means;

(ii) The name of any member who

voluntarily recused himself or herself or

was required to abstain from

deliberations and/or voting on a matter

and the reason for the recusal or

abstention, if stated;

(iii) Information on the position

information that was reviewed for each

member; and

(iv) In those instances when a

committee member who otherwise

would be required to abstain from

deliberating and voting on a matter is

permitted to deliberate on a significant

action, a general description of the

views expressed by such member during

deliberations.

Issued in Washington, D.C. on January 16,

1998, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 98–1619 Filed 1–22–98; 8:45 am]

BILLING CODE 6351–01–P

INTERNATIONAL TRADE

COMMISSION

19 CFR Parts 201 and 207

Proposed Amendments to Rules of

Practice and Procedure; Hearing

Regarding Five-Year Reviews

AGENCY: United States International

Trade Commission.

ACTION: Proposed rule; notice of public

hearing.

SUMMARY: On October 23, 1997, the

Commission published proposed rules

to establish procedures for the conduct

of five-year reviews of antidumping and

countervailing duty orders and

suspension agreements (62 FR 55185).

The notice of proposed rulemaking

indicated that the Commission would

hold a hearing concerning the

procedural matters discussed in the

notice of proposed rulemaking as well

as methodological and analytical issues

relating to five-year reviews. The

hearing will include panel discussions

on topics of significant interest.

Interested persons with similar

viewpoints are encouraged to

consolidate testimony. After reviewing

the requests, the Commission will notify

participants of panel assignments and

time allocations. The Commission will
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.

* * * * *