26744 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices

desire to resolve all matters pending

between them, the Licensee, through its

Assistant Secretary, Matthew Paolino,

has entered into an agreement with the

NRC executed on April 18, 1995. Under

the terms of the agreement, the NRC

withdraws the civil penalty in the

amount of $3,000 proposed by Notice of

Violation dated December 14, 1994 and

the daily civil penalties in the total

amount of $15,000 proposed by Notice

of Violation dated March 8, 1995. Under

the terms of the agreement, Joseph

Paolino and Sons, Inc., Licensee, agrees

that for a period of five years from April

18, 1995, (1) neither the Licensee, nor

any successor entity, shall apply to the

NRC for a license; and (2) neither Joseph

Paolino and Sons, Inc. nor a successor

entity, shall engage in NRC-licensed

activities within the jurisdiction of the

NRC for that same period of time.

IV

Accordingly, pursuant to sections 81,

161b, 161i, 186, and 234 of the Atomic

Energy Act of 1954, as amended, and

the Commission’s regulations in 10 CFR

2.202, 2.205, and 10 CFR Parts 30, 34,

and 150, IT IS HEREBY ORDERED

THAT:

1. The NRC withdraws the civil

penalty in the amount of $3,000

proposed by Notice of Violation dated

December 14, 1994 and the civil

penalties in the amount of $15,000

proposed by Notice of Violation dated

March 8, 1995.

2. For a period of five years from

April 18, 1995:

(a) Neither Joseph Paolino and Sons,

Inc., nor any successor entity shall

apply to the NRC for a license; and

(b) Neither Joseph Paolino and Sons,

Inc., nor any successor entity, shall

engage in NRC-licensed activities

(including exercising any control over

NRC-licensed activities) within the

jurisdiction of the NRC for that same

period of time.

3. If Joseph Paolino and Sons, Inc., or

a successor entity, violates paragraph 2.

of this section of the Confirmatory

Order, then the remaining unpaid civil

penalty amount shall be due and

payable by Joseph Paolino and Sons,

Inc. or a successor entity, immediately

and without further notice.

V

Any person adversely affected by this

Confirmatory Order, other than Joseph

Paolino and Sons, Inc. or a successor

entity, may require a hearing within 20

days of its issuance. Any request for a

hearing shall be submitted to the

Secretary, U.S. Nuclear Regulatory

Commission, ATTN: Chief, Docketing

and Service Section, Washington, D.C.

20555. Copies also shall be sent to the

Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555, to the

Assistant General Counsel for Hearings

and Enforcement at the same address, to

the Regional Administrator, NRC Region

I, 475 Allendale Road, King of Prussia,

Pennsylvania 19406, and to the

Licensee. If such a person requests a

hearing, that person shall set forth with

particularity the manner in which his or

her interest is adversely affected by this

Order and shall address the criteria set

forth in 10 CFR 2.714(d).

If a hearing is requested by a person

whose interest is adversely affected, the

Commission will issue an Order

designating the time and place of any

hearing. If a hearing is held, the issue to

be considered at such hearing shall be

whether this Confirmatory Order should

be sustained. In the absence of any

request for hearing, the provisions

specified in Section IV above shall be

final 20 days from the date of this Order

without further order or proceedings.

VI

On March 24, 1995, the Licensee

transferred the byproduct material to

Glasgow, Inc., an authorized recipient

and the NRC, Region I, has confirmed

that transfer. Accordingly, given the

Licensee’s failure to pay the annual fee

for the License, the Licensee’s transfer

of the byproduct material, and the

Licensee’s agreement as described in

Section III above, License No. 37–

20746–01 is hereby terminated.

Dated at Rockville, Maryland this 9th day

of May 1995.

For the Nuclear Regulatory Commission.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 95–12217 Filed 5–17–95; 8:45 am]

BILLING CODE 7590–01–M

OFFICE OF PERSONNEL

MANAGEMENT

Federal Prevailing Rate Advisory

Committee; Open Committee Meeting

According to the provisions of section

10 of the Federal Advisory Committee

Act (Pub. L. 92–463), notice is hereby

given that meetings of the Federal

Prevailing Rate Advisory Committee

will be held on—

Thursday, July 13, 1995

Thursday, July 27, 1995

Thursday, August 10, 1995

Thursday, August 24, 1995

Thursday, September 7, 1995

Thursday, September 21, 1995

The meetings will start at 10:45 a.m.

and will be held in Room 5A06A, Office

of Personnel Management Building,

1900 E Street, NW, Washington, DC.

The Federal Prevailing Rate Advisory

Committee is composed of a Chairman,

five representatives from labor unions

holding exclusive bargaining rights for

Federal blue-collar employees, and five

representatives from Federal agencies.

Entitlement to membership on the

Committee is provided for in 5 U.S.C.

5347.

The Committee’s primary

responsibility is to review the Prevailing

Rate System and other matters pertinent

to establishing prevailing rates under

subchapter IV, chapter 53, 5 U.S.C., as

amended, and from time to time advise

the Office of Personnel Management.

These schedule meetings will start in

open session with both labor and

management representatives attending.

During the meeting either the labor

members of the management members

may caucus separately with the

Chairman to devise strategy and

formulate positions. Premature

disclosure of the matters discussed in

these caucuses would unacceptably

impair the ability of the Committee to

reach a consensus on the matters being

considered and would disrupt

substantially the disposition of its

business. Therefore, these caucuses will

be closed to the public because of a

determination made by the Director of

the Office of Personnel Management

under the provisions of section 10(d) of

the Federal Advisory Committee Act

(Pub. L. 92–463) and 5 U.S.C.

552b(c)(9)(B). These caucuses may,

depending on the issues involved,

constitute a substantial portion of the

meeting.

Annually, the Committee publishers

for the Office of Personnel Management,

the President, and Congress a

comprehensive report of pay issues

discussed, concluded recommendations,

and related activities. These reports are

available to the public, upon written

request to the Committee’s Secretary.

The public is invited to submit

material in writing to the Chairman on

Federal Wage System pay matters felt to

be deserving of the Committee’s

attention. Additional information on

these meetings may be obtained by

contacting the Committee’s Secretary,

Office of Personnel Management,

Federal Prevailing Rate Advisory

Committee, Room 1340, 1900 E Street,

NW., Washington, DC 20415 (202) 606–

1500.
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26745

Dated: May 12, 1995.

Anthony F. Ingrassia,

Chairman, Federal Prevailing Rate Advisory

Committee.

[FR Doc. 95–12273 Filed 5–17–95; 8:45 am]

BILLING CODE 6325–01–M

Federal Prevailing Rate Advisory

Committee; Cancellation of Open

Committee Meeting

According to the provisions of section

10 of the Federal Advisory Committee

Act (Pub. L. 92–463), notice is hereby

given that the meeting of the Federal

Prevailing Rate Advisory Committee

scheduled for Thursday, May 25, 1995,

has been canceled.

Information on other meetings can be

obtained by contacting the Committee’s

Secretary, Office of Personnel

Management, Federal Prevailing Rate

Advisory Committee, Room 1340, 1900

E Street, NW., Washington, DC 20415,

(202) 606–1500.

Dated: May 12, 1995.

Anthony F. Ingrassia,

Chairman, Federal Prevailing Rate, Advisory

Committee.

[FR Doc. 95–12274 Filed 5–17–95; 8:45 am]

BILLING CODE 6325–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. 301–93]

Notice of Determination and Request

for Public Comment Concerning

Proposed Determination of Action

Pursuant to Section 301: Barriers to

Access to the Auto Parts Replacement

Market in Japan

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of determination under

section 304(a)(1)(A) of the Trade Act of

1974, as amended (Trade Act) (19 U.S.C.

2414(a)(1)(A)); notice of proposed

determination of action to be taken

under section 304(a)(1)(B) of the Trade

Act and notice of public hearing and

request for public comment pursuant to

section 304(b) of the Trade Act.

SUMMARY: The United States Trade

Representative (USTR) has determined

pursuant to section 304(a)(1)(A)(ii) of

the Trade Act that certain Acts, policies

and practices of Japan that restrict or

deny suppliers of U.S. auto parts access

to the auto parts replacement and

accessories market (‘‘after-market’’) in

Japan are unreasonable and

discriminatory and burden or restrict

U.S. commerce. The USTR is seeking

public comment and will hold a public

hearing on June 8 and 9, 1995, regarding

the proposed determination pursuant to

section 304(a)(1)(B) on the appropriate

action under section 301 being

considered in response to these acts,

policies and practices.

DATES: Written comments on the

determination are due by noon,

Monday, June 19, 1995. Requests to

testify at the hearing must be submitted

by noon, Thursday, May 25, 1995.

Written testimony is due by noon,

Friday, June 2, 1995, and written

rebuttals are due by noon, Wednesday,

June 21, 1995.

ADDRESSES: Office of the United States

Trade Representative, 600 17th Street

NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:

David Burns, Senior Advisor for Japan,

(202) 395–5050, or James Southwick,

Assistant General Counsel, (202) 395–

7203. Questions about the public

hearing, written testimony and written

comments should be directed to Sybia

Harrison, Staff Assistant to Section 301

Committee, (202) 395–3432.

SUPPLEMENTARY INFORMATION: On

October 1, 1994, the USTR initiated an

investigation pursuant to section 302(b)

of the Trade Act to determine whether

specific barriers to access to the aftermarket for auto parts in Japan are

unreasonable or discriminatory and

burden or restrict U.S. commerce. By

Federal Register notice dated October

13, 1994 (59 FR 52034), the USTR

requested public comment on the issues

raised in the investigation. The

comment period was subsequently

extended by a Federal Register notice

dated November 10, 1994 (59 FR 56099).

Officials of the Office of the USTR

and other United States agencies have

conducted extensive consultations with

Japanese government officials

concerning these market access barriers,

but negotiations have failed to resolve

the issues under investigation.

Consequently, on May 10, 1995, the

USTR pursuant to section

304(a)(1)(A)(ii) of the Trade Act

determined that certain acts, policies

and practices of Japan that restrict or

deny suppliers of U.S. auto parts access

to the auto parts replacement and

accessories market (‘‘after-market’’) in

Japan are unreasonable and

discriminatory and burden or restrict

U.S. commerce.

Reasons for Determination

The Japanese market for replacement

auto parts is restricted by a complex

system that is not reasonable or

justifiable. This system channels most

repair work to government-certified

garages that use very few foreign parts,

and the system restricts the

development of other garages more

likely to carry and use foreign parts. In

addition, even minor additions of

accessories to motor vehicles require a

full vehicle inspection and tax payment,

which severely limits opportunities for

U.S. automotive accessories suppliers.

The United States pressed Japan for

broad reform in the aftermarket. The

U.S. proposals did not ask for reduction

of safety or environmental standards,

but for measures that would allow for

substantially more repair work to be

performed outside the certified garages,

and therefore would open up

opportunities for foreign suppliers. The

Government of Japan was unwilling to

make changes to key elements of the

system which restricts opportunities for

U.S. and other foreign parts suppliers.

Proposed Determination on

Appropriate Action

If the USTR makes an affirmative

determination pursuant to section

304(a)(1)(A)(ii) of the Trade Act,

pursuant to section 304(a)(1)(B) the

USTR also must determine what action,

if any, by the United States is

appropriate. If the USTR determines

that action is appropriate, section 301(b)

of the Trade Act directs the USTR to

take all appropriate and feasible action

to obtain the elimination of the

unreasonable or discriminatory act,

policy or practice.

Therefore, the USTR proposes to take

the following action, pursuant to the

authority provided by section

301(c)(1)(B) of the Trade Act:

To impose prohibitive (100 percent ad

valorem) duties upon luxury-type motor

vehicles from Japan. The increased

tariffs will apply to the following motor

cars and other motor vehicles

principally designed for the transport of

persons provided for in heading 8703 of

the Harmonized Tariff Schedule of the

United States (HTS):

(1) Motor vehicles having 4 doors, a

wheelbase more than 260 cm (102.4

inches) but not more than 263 cm (103.6

inches), a curb weight more than 1,495

kg (3,295.9 pounds), a height not more

than 138 cm (54.3 inches), and a sparkignition internal combustion

reciprocating piston engine with 6 or

more cylinders, having a total cylinder

capacity exceeding 2,900 cc or a rotary

piston engine (provided for in HTS

subheadings 8703.23, 8703.24 or

8703.90); and

(2) Motor vehicles having a wheelbase

exceeding 266 cm (104.7 inches), a curb

weight more than 1,365 kg (3009.3

pounds), a height not more than 145 cm

(57 inches), and either a spark-ignition