4220 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Notices

advise that (1) the capabilities of each of

the foreign instruments described above

are pertinent to each applicant’s

intended purpose and (2) they know of

no domestic instrument or apparatus of

equivalent scientific value for the

intended use of each instrument.

We know of no other instrument or

apparatus being manufactured in the

United States which is of equivalent

scientific value to either of the foreign

instruments.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 98–2057 Filed 1–27–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

University of Illinois at UrbanaChampaign; Notice of Decision on

Application for Duty-Free Entry of

Scientific Instrument

This decision is made pursuant to

Section 6(c) of the Educational,

Scientific, and Cultural Materials

Importation Act of 1966 (Pub. L. 89–

651, 80 Stat. 897; 15 CFR part 301).

Related records can be viewed between

8:30 A.M. and 5:00 P.M. in Room 4211,

U.S. Department of Commerce, 14th and

Constitution Avenue, NW., Washington,

DC.

Docket Number: 97–091. Applicant:

University of Illinois at UrbanaChampaign, Urbana, IL 61801.

Instrument: Upgrade and Replacement

Parts for Asphalt Testing Equipment.

Manufacturer: Industrial Process

Controls Ltd., United Kingdom.

Intended Use: See notice at 62 FR

62287, November 21, 1997.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instrument, for such purposes as it is

intended to be used, is being

manufactured in the United States.

Reasons: The foreign instrument

provides a pneumatically-driven triaxial

pressure cell which can monitor the

properties of asphalt composites under

field conditions at construction sites. A

university-based highway research

laboratory and the Federal Highway

Administration advised December 23,

1997 that (1) this capability is pertinent

to the applicant’s intended purpose and

(2) they know of no domestic

instrument or apparatus of equivalent

scientific value to the foreign

instrument for the applicant’s intended

use.

We know of no other instrument or

apparatus of equivalent scientific value

to the foreign instrument which is being

manufactured in the United States.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 98–2061 Filed 1–27–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Worcester Polytechnic Institute, et al.;

Notice of Consolidated Decision on

Applications for Duty-Free Entry of

Scientific Instruments

This is a decision consolidated

pursuant to Section 6(c) of the

Educational, Scientific, and Cultural

Materials Importation Act of 1966 (Pub.

L. 89–651, 80 Stat. 897; 15 CFR part

301). Related records can be viewed

between 8:30 A.M. and 5:00 P.M. in

Room 4211, U.S. Department of

Commerce, 14th and Constitution

Avenue, NW., Washington, DC.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instruments described below, for such

purposes as each is intended to be used,

is being manufactured in the United

States.

Docket Number: 97–089. Applicant:

Worcester Polytechnic Institute,

Worcester, MA 01609. Instrument: Fire

Modeling Research Apparatus.

Manufacturer: Fire Testing Technology

Ltd., United Kingdom. Intended Use:

See notice at 62 FR 61092, November

14, 1997. Reasons: The foreign

instrument provides: (1) anti-vibration

mountings on top of the frame and in

the test area, (2) a pressure transducer

to compensate for atmospheric pressure

fluctuations, (3) an enclosed-case

housing for the load cell and (4)

compatibility with an existing cone

calorimeter. Advice received from:

National Institute of Standards and

Technology, December 24, 1997.

Docket Number: 97–092. Applicant:

University of Wisconsin, Madison, WI

53706. Instrument: Flame Ionization

Detector System, Model HFR400.

Manufacturer: Cambustion Ltd., United

Kingdom. Intended Use: See notice at 62

FR 62287, November 21, 1997. Reasons:

The foreign instrument provides a time

constant of less than 4.0 ms for

measuring hydrocarbon emissions

during transients of a gasoline engine.

Advice received from: National Institute

of Standards and Technology, December

23, 1997.

The National Institute of Standards

and Technology advises that (1) the

capabilities of each of the foreign

instruments described above are

pertinent to each applicant’s intended

purpose and (2) it knows of no domestic

instrument or apparatus of equivalent

scientific value for the intended use of

each instrument.

We know of no other instrument or

apparatus being manufactured in the

United States which is of equivalent

scientific value to either of the foreign

instruments.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 98–2062 Filed 1–27–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration,

Commerce

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export

Trade Certificate of Review, Application

No. 97–00003.

SUMMARY: The Department of Commerce

has issued an Export Trade Certificate of

Review to The Association for the

Administration of Rice Quotas, Inc.

(‘‘AARQ’’). This notice summarizes the

conduct for which certification has been

granted.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, Acting Director,

Office of Export Trading Company

Affairs, International Trade

Administration, 202–482–5131. This is

not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001–21) authorizes the

Secretary of Commerce to issue Export

Trade Certificates of Review. The

regulations implementing Title III are

found at 15 CFR Part 325 (1997).

The Office of Export Trading

Company Affairs (‘‘OETCA’’) is issuing

this notice pursuant to 15 CFR 325.6(b),

which requires the Department of

Commerce to publish a summary of a

Certificate in the Federal Register.

Under Section 305(a) of the Act and 15

CFR 325.11(a), any person aggrieved by

the Secretary’s determination may,

within 30 days of the date of this notice,

bring an action in any appropriate

district court of the United States to set

aside the determination on the ground

that the determination is erroneous.

Description of Certified Conduct

Export Trade

Semi-milled or wholly milled rice,

whether or not polished or glazed (item

1006.30 of the Harmonized Tariff
Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Notices 4221

Schedules (HTS)), and husked (brown)

rice (item 1006.20 of the HTS).

Export Markets

Rice for which TRQ awards have been

made will be exported to the countries

that comprise the European Union.

Exports that will serve as a basis for

distribution of the proceeds of the TRQ

awards will be to the European Union

as well as all parts of the world except

the United States (the fifty states of the

United States, the District of Columbia,

the Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam,

the Commonwealth of the Northern

Mariana Islands, and the Trust Territory

of the Pacific Islands).

Export Trade Activities and Methods of

Operations

1. Purpose. AARQ will manage on an

open tender basis the tariff-rate quotas

(‘‘TRQs’’) for milled and brown rice

granted by the European Union (‘‘EU’’)

to the United States under the U.S.-EU

Enlargement Agreement signed July 22,

1996, or any amended or successor

agreement providing for EU rice TRQs

for the United States and provide for

distribution of the proceeds received

from the tender process based on

exports of milled and brown rice, and

rice in the husk (paddy or rough) as set

forth below (‘‘the TRQ System’’).

2. Implementation.

A. Administrator

AARQ shall contract with a neutral

third party Administrator who is not

engaged in the production, milling,

distribution, or sale of rice, who shall

bear responsibility for administering the

TRQ System, subject to general

oversight and supervision by the Board

of Directors of AARQ.

B. Membership

Any person or entity domiciled or

incorporated in the United States may

become a Member of AARQ upon (i)

submission to the Administrator of an

application accompanied by evidence

that the applicant is a rice mill or has

exported U.S. rice from the United

States, (ii) execution of the AARQ

Operating Agreement, and (iii) in the

case of applications received after

December 31, 1997, payment of a onetime, nonrefundable fee of $3,000 to

AARQ. The fee may be waived for small

exporters, as determined by the Board of

Directors of AARQ.

C. Open Tender Process; Persons or

Entities Eligible To Bid

(a) AARQ shall offer TRQ Certificates

for duty-free or reduced-duty shipments

of rice to the EU on open tender to the

highest bidders. All U.S. TRQ quantities

(in metric tons) shall be allocated

through the Open Tender Process for

such tranches (‘‘TRQ Tranches’’) as may

be provided for in the relevant EU

regulations. The Open Tender Process

shall constitute the sole and exclusive

mechanism by which AARQ allocates

TRQ quantities.

(b) Any person or entity incorporated

or domiciled in the United States,

whether or not a Member of AARQ,

shall be eligible to bid in any Open

Tender Process.

D. Notice

The Administrator will publish notice

(‘‘Notice’’) of each Open Tender Process

to be held for the allocation of TRQs for

each TRQ Tranche in the Journal of

Commerce, and at the discretion of

AARQ in other publications of general

circulation within the U.S. rice

industry. The Notice will invite

independent bids and will specify (i)

the total amount (in metric tons) of each

TRQ to be allocated pursuant to the

applicable TRQ Tranche; and (ii) the

date on which all bids for TRQ

Certificates must be submitted to and

received by the Administrator (the ‘‘Bid

Date’’). The Notice will normally be

published not later than 45 days prior

to the opening of the TRQ Tranche; if

EU decisions on the opening of TRQs or

EU regulations necessitate a condensed

timetable for notice and bidding, the

Administrator will publish the required

Notice as promptly as possible after the

EU announcements, and will in any

event specify a Bid Date that is at least

5 working days after publication of the

Notice. The Notice will provide

information on how to obtain forms to

be used to submit bids. Bids may be

submitted by hand delivery or facsimile,

and must be received by the

Administrator by 5:00 p.m. EST on the

Bid Date.

E. Form of Bid; Performance Security

(a) A bid shall be submitted on a form

provided by the Administrator and shall

state (i) the name, address, telephone,

and facsimile or telex number of the

bidder; (ii) the form of rice and quantity

in metric tons bid, with a minimum bid

quantity of twenty (20) metric tons; (iii)

the bid price in U.S. dollars per metric

ton; and (iv) the total value of the bid.

(b) The bid form shall contain a

provision, signed by the bidder, that the

bidder agrees that any dispute that may

arise relating to the bidding process or

the award of TRQ Certificates shall be

settled by arbitration administered by

the American Arbitration Association in

accordance with its Commercial

Arbitration Rules, and judgment on the

award rendered by the arbitrator may be

entered in any court having jurisdiction

thereof.

(c) The bidder shall submit with its

bid(s) a performance bond, irrevocable

letter of credit drawn on a U.S. bank,

cashier’s check, wire transfer, or

equivalent performance security, in a

form approved by AARQ and for the

benefit of an account designated by the

Administrator, in the amount of $50,000

or the total value of its bid(s), whichever

is less. Such performance security shall

be forfeited if the bidder fails timely to

pay for TRQ Certificates awarded to it.

At the option of a successful bidder, its

performance security may be applied to

the price of its successful bid(s), or

retained as security for a subsequent

Open Tender Process. Any performance

security not forfeited, applied to a bid

price, or retained as future security shall

be returned to the bidder promptly after

the close of the Open Tender Process.

(d) The contents of the bids shall be

treated by the Administrator as

confidential and may be disclosed only

to another neutral third party as

necessary to ensure the effective

operation of the TRQ System; provided,

however, that after issuance of all TRQ

Certificates in an Open Tender Process,

the Administrator shall promptly notify

all bidders of and release to the public

(i) the total tonnage for which TRQ

Certificates were awarded under the

milled rice TRQ Tranche and the brown

rice TRQ Tranche, respectively, and (ii)

the price per metric ton of the lowest

successful bid for each TRQ Tranche.

F. TRQ Certificate Awards

(a) Following the close of the bidding

period, after having carefully reviewed

each apparently high bid to ensure its

conformity with applicable

requirements, the Administrator shall

notify each high bidder that its bid(s)

have been determined to be high bid(s).

If two or more bidders have submitted

identically priced high bids that

together cover more than the available

tonnage, the Administrator shall divide

the award among those bidders in

proportion to the quantities of their bids

and offer the proportionate shares to

each of those bidders. If any of those

bidders rejects all or part of the quantity

offered, it shall be offered first to the

remaining such bidder(s) and then to

the next highest bidder.

(b) Promptly after issuance of the

notification that its bid is a high bid, a

bidder shall pay the full amount of the

bid to the Administrator either by

certified check or by wire transfer to an

account designated by the

Administrator. If the bidder fails to pay

the full amount of the bid on a timely
4222 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Notices

basis, the Administrator shall revoke the

award, and grant the award to the next

highest bidder.

(c) If the total bids received cover less

than the tonnage of the relevant TRQ

Tranche, the unused portion shall, to

the extent consistent with EU

regulations, be carried over to a

succeeding Tranche. In any Tranche as

to which EU regulations prohibit such

carry-over, should total bids received

cover less than the total tonnage

available in the Tranche, the unused

portion shall be offered to all successful

bidders, in proportion to the size of

their respective awards, at the lowest

successful bid price.

(d) The full amounts received from

successful bidders shall be deposited in

an interest-bearing account designated

by the Administrator in a financial

institution approved by the Board of

Directors of AARQ.

G. Delivery of TRQ Certificates

(a) Promptly after receiving the full

amount of a successful bid, the

Administrator shall transmit to the

successful bidder(s) a TRQ Certificate

that designates the quantity and form of

rice covered by the bid and any known

expiration date pursuant to EU

regulations.

(b) To facilitate monitoring of

shipments of packaged rice pursuant to

EU regulations, the TRQ Certificate shall

include a space for designation by the

exporter of the type of packaging, if any,

of the rice covered by the TRQ

Certificate.

(c) TRQ Certificates issued to

successful bidders shall be freely

transferable.

H. Disposition of Tender Proceeds

(a) The proceeds of Open Tender

Processes shall be applied and

distributed as provided in paragraphs

(b) through (g) below.

(b) Operating expenses of AARQ,

including legal, accounting, and

administrative costs of establishing and

operating the TRQ System, shall be paid

as incurred from tender proceeds as

they become available, pursuant to

authorization by the AARQ Board of

Directors.

(c) From the remaining proceeds of

tenders as soon as available—

(i) The U.S. Rice Industry Coalition

for Exports, Inc. (‘‘US RICE’’) shall be

reimbursed for its documented TRQrelated legal expenses up to $450,000.

(ii) The Rice Millers’ Association

(‘‘RMA’’) shall be reimbursed up to

$450,000 (A) for its documented TRQrelated legal and administrative

expenses, (B) for payment of up to

$100,000 to the Committee for Fair

Allocation of Rice Quotas for its

documented TRQ-related legal

expenses, (C) for payment of up to

$25,000 to each former member of

RMA’s former export trade certificate of

review (96–00003) (RMA/ETCR) for its

documented third party legal expenses

in calendar years 1996 and 1997 in

connection with the establishment of an

ETC for administration of the TRQs, and

(D) for payment of $25,000 to each

former member of the RMA/ETCR that

documents that it shipped a minimum

of 500 metric tons of milled or brown

rice to the EU in calendar year 1996 and

has not received a distribution under

item (C). If there are insufficient funds

available to make payments provided

for in subparagraphs (c)(ii)(C) and (D),

the amount that each former RMA/ETCR

member would otherwise be entitled to

receive will be reduced by a pro-rata

amount so that the total distribution

will be equal to the amount available for

this purpose.

(d) From the proceeds of tenders in

each of the first two years of operations,

each Member of AARQ that documents

to the Administrator exports of milled

or brown rice to Austria, Sweden, or

Finland during 1990–1994 shall be paid

up to $75 per metric ton of its

documented 1990–1994 annual average

of such shipments, provided, however,

that the total amount paid to all eligible

Members under this provision may not

exceed $1,800,000 in each of the two

years. If $1,800,000 is insufficient to

permit payments of $75 per metric ton,

the amount that each eligible Member

would otherwise be entitled to receive

will be reduced pro rata so that the total

distribution will be equal to the amount

available for this purpose. Any

documented costs previously incurred

by the RMA in reviewing and analyzing

documentation of member shipments to

Austria, Finland, or Sweden during

1990–1994 shall be considered a cost of

administering the TRQ System,

pursuant to paragraph (b) above.

(e) Of the proceeds remaining at the

end of each year of operations—

(i) Thirty-nine percent (39%) shall be

distributed to Members exporting U.S.

paddy, brown, and/or milled rice to the

EU based on their percentage shares by

volume, adjusted as provided in item

(iii) of this subparagraph, of Members’

exports to the EU during that year.

(ii) Thirty-nine percent (39%) shall be

distributed to Members exporting U.S.

paddy, brown, and/or milled rice to all

non-EU Export Markets, based on their

percentage shares by volume, adjusted

as provided in item (iii) of this

subparagraph, of Members’ non-EU

Export Markets exports during that year.

(iii) The computation of Members’

exports under this paragraph (e) shall be

made on a milled rice equivalent basis

using U.S. Department of Agriculture

standard equivalency factors.

(f) A year shall be the calendar year,

except that if an Open Tender Process

occurs in 1997, the first year of

operations shall be the period from the

date of that tender through December

31, 1998.

(g) Notwithstanding the foregoing

provisions of this paragraph, promptly

upon implementation of the TRQ

System by the EU, the Board of

Directors shall consider and may direct

distributions during 1998 of proceeds

from tenders of a major portion of the

TRQ tonnage to be offered in the first

year of operations, basing distributions

pursuant to paragraph (e) (i) and (ii) on

Members’ exports during calendar year

1997.

I. Eligibility for Distributions;

Submission of Export Documentation

Any Member of AARQ will be eligible

to participate in distributions of tender

proceeds if: (i) it is a member under the

ETCR issued to AARQ by the U.S.

Department of Commerce on the date of

a distribution or its membership under

the ETCR is the subject of an ETCR

amendment pending with the

Department of Commerce on that date,

and (ii) it has timely submitted the

required export documentation to the

Administrator.

J. Distribution of Tender Proceeds

Within sixty (60) days of the

submission of the required

documentation for the year or as soon as

practicable thereafter, the Administrator

shall notify each Member, on a

confidential basis, of its percentage

share of U.S. rice exports by Members

to the EU and/or non-EU destinations,

as applicable, for the previous year, and

the dollar amount of its distribution. As

promptly as possible following such

notification, the Administrator shall

cause the distributions to be made to

eligible Members. If an amendment to

include an eligible Member under the

ETCR is pending at the Department of

Commerce, the Administrator shall

cause such Member’s distribution to be

held for distribution promptly upon

issuance of the amendment.

K. Arbitration of Disputes

Any controversy or claim arising out

of or relating to the TRQ System or to

the AARQ Operating Agreement, or the

breach thereof, including inter alia a

Member’s qualification for a

distribution, the interpretation of

documents, or the distribution itself,
Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Notices 4223

shall be settled by arbitration

administered by the American

Arbitration Association in accordance

with its Commercial Arbitration Rules,

and judgment on the award rendered by

the arbitrator may be entered in any

court having jurisdiction thereof.

Decisions by arbitrators shall not be

incorporated by reference in this

Certificate of Review. Any change to the

Export Trade Activities and Methods of

Operation listed in this certificate as a

result of arbitration shall not be covered

by this Certificate of Review unless

certified by an amendment to this

Certificate of Review.

L. Confidential Information

Confidential export documentation

and any other confidential information

submitted to AARQ by an applicant for

membership, by a Member in

connection with qualifying for a

distribution, or by any person in

connection with the TRQ System shall

be marked ‘‘Confidential’’ and

submitted to the Administrator, who

shall maintain its confidentiality. The

Administrator shall not disclose such

confidential information to any Member

other than the submitter, or to any

officers, agents, or employees of any

Member other than the submitter, and

shall not disclose such confidential

information to any other person except

to another neutral third party as

necessary to make the determination for

which the information was submitted,

to process distributions, or in

connection with the arbitration of a

dispute.

M. Annual Reports

In accordance with its Bylaws, AARQ

shall publish an annual report,

including a statement of the operating

expenses and aggregate data on the

distribution of proceeds, as reflected in

the audited financial statement of the

AARQ TRQ System.

3. Cooperation with the U.S.

Government and the European

Commission. AARQ will provide

whatever information and consultations

may be useful in order to ensure

effective consultations between the U.S.

Government and the European

Commission concerning the

implementation and operation of the

TRQ System. In particular, while

maintaining the confidentiality of

confidential information submitted by

bidders and Members, AARQ will

provide its annual report, regular

reports following the tender for each

TRQ Tranche, reports on distributions

of tender proceeds, and/or any other

information that might be requested by

the U.S. Government. Directly or

through the U.S. Government, AARQ

will endeavor to accommodate any

information requests from the

Commission (while protecting

confidential data), and will consult with

the Commission as appropriate.

4. Miscellaneous Implementing

Provisions. AARQ and/or its members

may (i) meet, discuss and provide for an

administrative structure to implement

the foregoing tariff rate quota

management system, assess its

operations and discuss modifications as

necessary to improve its workability, (ii)

meet, exchange and discuss information

regarding the structure and method for

implementing the foregoing tariff rate

quota management system, (iii) meet,

exchange and discuss the types of

information needed regarding the

bidding process, distribution of the bid

proceeds, and past export transactions

that are necessary for implementation of

the system, (iv) meet, exchange and

discuss information concerning U.S.

and foreign agreements, legislation and

regulations affecting the TRQ

management system, (v) and otherwise

meet, discuss and exchange information

as necessary to implement the activities

described above and take the necessary

action to implement the foregoing TRQ

management system.

Terms and Conditions of Certificate

1. Except as authorized in Paragraphs

2.E(d) and H(c) and (d) of the Export

Trade Activities and Methods of

Operation, in engaging in Export Trade

Activities and Methods of Operation,

neither AARQ, the Administrator, any

Member, nor any neutral third party

shall intentionally disclose, directly or

indirectly, to any Member (including

parent companies, subsidiaries, or other

entities related to any Member) any

information regarding any other

Member’s costs, production,

inventories, domestic prices, domestic

sales, capacity to produce Products for

domestic sale, domestic orders, terms of

domestic marketing or sale, or U.S.

business plans, strategies, or methods,

unless such information is already

generally available to the trade or

public.

2. AARQ and its Members will

comply with requests made by the

Secretary of Commerce on behalf of the

Secretary or the Attorney General for

information or documents relevant to

conduct under the Certificate. The

Secretary of Commerce will request

such information or documents when

either the Attorney General or the

Secretary of Commerce believes that the

information or documents are required

to determine that the Export Trade,

Export Trade Activities and Methods of

Operation of a person protected by this

Certificate of Review continue to

comply with the standards of section

303(a) of the Act.

Definition

Neutral third party, as used in this

Certificate of Review, means a party not

otherwise associated with AARQ or any

of its Members and who is not engaged

in the production, milling, distribution,

or sale of rice.

Members (Within the Meaning of

Section 325.2(1) of the Regulations)

Members (in addition to applicant):

Affiliated Rice Milling, Inc., Alvin,

Texas; American Rice, Inc., Houston,

Texas; Brinkley Rice Milling Company,

Brinkley, Arkansas; Broussard Rice Mill,

Inc., Mermentau, Louisiana; Busch

Agricultural Resources, Inc., St. Louis,

Missouri; Cargill, Inc. for the activities

of its division, Cargill Rice Milling,

Greenville, Mississippi; Connell Rice &

Sugar Co., Westfield, New Jersey;

Continental Grain Company, New York,

New York; El Campo Rice Milling

Company, Louise, Texas; Farmers’ Rice

Cooperative, Sacramento, California;

Farmers Rice Milling Company, Inc.,

Lake Charles, Louisiana; Gulf Rice

Milling, Inc., Houston, Texas; Liberty

Rice Mill, Inc., Kaplan, Louisiana; Louis

Dreyfus Corporation, Wilton,

Connecticut; Newfield Partners Ltd.,

Miami, Florida; Producers Rice Mill,

Inc., Stuttgart, Arkansas; Riceland

Foods, Inc., Stuttgart, Arkansas;

RiceTec, Inc., Alvin, Texas; Riviana

Foods, Inc., Houston, Texas; SunWest

Foods, Inc., Davis, California; Supreme

Rice Mill, Inc., Crowley, Louisiana; The

Rice Company, Roseville, California;

and Uncle Ben’s, Inc., Houston, Texas.

Protection Provided by Certificate

This Certificate protects AARQ, its

Members, and directors, officers, and

employees acting on behalf of AARQ

and its Members from private treble

damage actions and government

criminal and civil suits under U.S.

federal and state antitrust laws for the

export conduct specified in the

Certificate and carried out during its

effective period in compliance with its

terms and conditions.

Effective Period of Certificate

This Certificate continues in effect

from the effective date indicated below

until it is relinquished, modified, or

revoked as provided in the Act and the

Regulations.

Other Conduct

Nothing in this Certificate prohibits

AARQ and its Members from engaging
4224 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 / Notices

in conduct not specified in this

Certificate, but such conduct is subject

to the normal application of the

antitrust laws.

Disclaimer

The issuance of this Certificate of

Review to AARQ by the Secretary of

Commerce with the concurrence of the

Attorney General under the provisions

of the Act does not constitute, explicitly

or implicitly, an endorsement or

opinion by the Secretary of Commerce

or by the Attorney General concerning

either (a) the viability or quality of the

business plans of AARQ or its Members

or (b) the legality of such business plans

of AARQ or its Members under the laws

of the United States (other than as

provided in the Act) or under the laws

of any foreign country.

The application of this Certificate to

conduct in export trade where the

United States Government is the buyer

or where the United States Government

bears more than half the cost of the

transaction is subject to the limitations

set forth in Section V.(D.) of the

‘‘Guidelines for the Issuance of Export

Trade Certificates of Review (Second

Edition),’’ 50 Fed. Reg. 1786 (January

11, 1985).

In accordance with the authority

granted under the Act and Regulations,

this Certificate of Review is hereby

granted to Association for the

Administration of Rice Quotas, Inc.

A copy of this certificate will be kept

in the International Trade

Administration’s Freedom of

Information Records Inspection Facility

Room 4102, U.S. Department of

Commerce, 14th Street and Constitution

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

Dated: January 22, 1998.

Morton Schnabel,

Acting Director, Office of Export Trading

Company Affairs.

[FR Doc. 98–2056 Filed 1–27–98; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

Coastal Zone Management: Federal

Consistency Appeal by Jessie W.

Taylor From an Objection by South

Carolina

AGENCY: National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Notice of decision.

On December 30, 1997, the Secretary

of Commerce (Secretary) issued a

decision in the consistency appeal of

Mr. Jessie W. Taylor (Appellant). The

Appellant had applied to the U.S. Army

Corps of Engineers (Corps) for a permit

to fill wetlands to construct a

commercial business on the property. In

conjunction with the Federal permit

application, the Appellant submitted to

the Corps a certification that the

proposed activity is consistent with the

State’s federally approved Coastal

Management Program (CMP). The State

of South Carolina’s coastal management

agency, reviewed the certification

pursuant to section 307(c)(3)(A) of the

Coastal Zone Management Act of 1972,

as amended (CZMA), 16 U.S.C.

1456(c)(3)(A).

On March 11, 1996, the State objected

to the Appellant’s consistency

certification for the proposed project on

the ground that the proposed project is

not consistent with the enforceable

policies contained in the State’s coastal

management program. State policies

prevented OCRM from considering the

Appellant’s offer of mitigation in

evaluating his activity. Under CZMA

section 307(c)(3)(A) and 15 CFR

930.131, the State’s consistency

objection precludes the Corps from

issuing a permit for the activity unless

the Secretary finds that the activity is

either consistent with the objectives or

purposes of the CZMA (Ground I) or

necessary in the interest of national

security (Ground II). The Appellant

based his appeal on Ground I.

Upon consideration of the

information submitted by the Appellant,

the State and interested Federal

agencies, the Secretary made the

following findings pursuant to 15 CFR

930.121: First, the proposed project

furthers one or more of the competing

national objectives or purposes of the

CZMA by minimally contributing to the

national interest in economic

development of the coastal zone.

Second, the proposed project, including

the Appellant’s mitigation measure,

would lessen rather than increase

cumulative impacts on the natural

resources of the coastal zone. Thus,

there would appear to be no adverse

coastal effects to outweigh the projects

minimal contribution to the national

interest. Third, the proposed activity

will not violate the requirements of the

Clean Water Act or the Clean Air Act.

Fourth, there would be no reasonable

alternative available to the Appellant

that would permit the activity to be

conducted in a manner consistent with

the State’s coastal management program.

Accordingly, the proposed project is

consistent with the objectives or

purposes of the CZMA. Because the

Appellant’s proposed project satisfied

all of the requirements of Ground I, the

Secretary overrode the State’s objection

to the Appellant’s consistency

certification. Consequently, the

proposed project may be permitted by

Federal agencies. Copies of the decision

may be obtained from the contact

person listed below.

Margo E. Jackson, Assistant General

Counsel for Ocean Services, National

Oceanic and Atmospheric

Administration (NOAA), U.S.

Department of Commerce, 1305 EastWest Highway, Room 6111, Silver

Spring, MD 20910, (301) 713–2967.

Dated: January 16, 1998.

Monica Medina,

General Counsel.

[FR Doc. 98–2035 Filed 1–27–98; 8:45 am]

BILLING CODE 3510–08–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 012098B]

New England Fishery Management

Council; Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: The New England Fishery

Management Council (Council) is

scheduling a number of public meetings

of its oversight committees and advisory

panels in February, 1998, to consider

actions affecting New England fisheries

in the exclusive economic zone.

Recommendations from these groups

will be brought to the full Council for

formal consideration and action, if

appropriate.

DATES: The meetings will be held

between February 10 and February 24,

1998. See SUPPLEMENTARY INFORMATION

for specific dates and times.

ADDRESSES: Meetings will be held in

Peabody, MA; East Boston, MA;

Warwick, RI, and Portsmouth, NH. See

SUPPLEMENTARY INFORMATION for specific

locations.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, Executive Director, New

England Fishery Management Council;

telephone: (781) 231-0422.

SUPPLEMENTARY INFORMATION:

Meeting Dates and Agendas

Tuesday, February 10, 1998, 9:30

a.m.—Groundfish Committee Meeting

Location: Peabody Marriott Hotel, 8A

Centennial Drive, Peabody, MA 01960;

telephone: (978) 977–9700.