Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Notices 21119

4210–00–892–5494

4210–01–165–6597

4210–01–166–8122

4210–01–167–1061

Table, Field Operating

6530–01–321–5592

Marker, Dry Erase

7520–00–NIB–1429

7520–00–NIB–1430

7520–00–NIB–1431

7520–00–NIB–1432

7520–00–NIB–1433

7520–00–NIB–1434

7520–00–NIB–1435

7520–00–NIB–1436

Services

Food Service Attendant, Fort Custer Training

Center, 2725 27th Street, Augusta,

Michigan

Janitorial/Custodial, U.S. Army Reserve

Center, Aberdeen Proving Ground,

Aberdeen, Maryland

Office Supply Store

Department of Energy

At the following Locations:

1000 Independence Avenue, SW.,

Washington, DC

19901 Germantown Road, Germantown,

Maryland

80300 Century Blvd, Germantown, Maryland

Office Supply Store

Defense Supply Service—Washington

Presidential Towers, Arlington, Virginia

This action does not affect current

contracts awarded prior to the effective

date of this addition or options that may

be exercised under those contracts.

Deletions

I certify that the following action will

not have a significant impact on a

substantial number of small entities.

The major factors considered for this

certification were:

1. The action will not result in any

additional reporting, recordkeeping or

other compliance requirements for small

entities.

2. The action will not have a severe

economic impact on future contractors

for the commodities and services.

3. The action will result in

authorizing small entities to furnish the

commodities and services to the

Government.

4. There are no known regulatory

alternatives which would accomplish

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in

connection with the commodities and

services deleted from the Procurement

List.

After consideration of the relevant

matter presented, the Committee has

determined that the commodities and

services listed below are no longer

suitable for procurement by the Federal

Government under 41 U.S.C. 46–48c

and 41 CFR 51–2.4.

Accordingly, the following

commodities and services are hereby

deleted from the Procurement List:

Commodities

Stepladder, Fiberglass

5440–01–061–8898

5440–00–061–8900

5440–01–110–7763

5440–01–460–5352

5440–01–460–5363

5440–01–460–5364

Printing and Binding ‘‘En Garde’’ Newsletter

7690–00–NSH–0079

Securities & Exchange Commission

Confidential Microfiche

7690–00–NSH–0083

Services

Food Service, Pascagoula Naval Station,

Pascagoula, Mississippi

Management of Bachelors Quarters,

Pascagoula Naval Station, Pascagoula,

Mississippi

Rita L. Wells,

Deputy Executive Director.

[FR Doc. 01–10534 Filed 4–26–01; 8:45 am]

BILLING CODE 6353–01–P

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE

ADMINISTRATION

EXPORT TRADE CERTIFICATE OF

REVIEW

ACTION: Notice of Issuance of an Export

Trade Certificate of Review, Application

No. 01–00001.

SUMMARY: The Department of Commerce

has issued an Export Trade Certificate of

Review to Ginseng Board of Wisconsin

(‘‘GBW’’), Wausau, Wisconsin, effective

April 13, 2001. This notice summarizes

the conduct for which certification has

been granted.

FOR FURTHER INFORMATION CONTACT:

Vanessa M. Bachman, Acting Director,

Office of Export Trading Company

Affairs, International Trade

Administration, 202–482–5131 (this is

not a toll-free number) or by E-mail at

oetca@ita.doc.gov.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001 et seq.) authorizes

the Secretary of Commerce to issue

Export Trade Certificates of Review. The

regulations implementing Title III are

found at 15 CFR part 325 (2000). 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

I. Export Trade

1. Products

Cultivated ginseng and cultivated

ginseng products; cultivated golden seal

and cultivated golden seal products;

cultivated echinacea and cultivated

echinacea products.

2. Services

All services related to the export of

Products.

3. Technology Rights

All intellectual property rights

associated with Products or Services,

including, but not limited to, patents,

trademarks, service marks, trade names,

copyrights, neighboring (related) rights,

trade secrets, know-how, and sui generis

forms of protection for databases and

computer programs.

4. Export Trade Facilitation Services (as

they Relate to the Export of Products,

Services and Technology Rights)

Export Trade Facilitation Services,

including, but not limited to: foreign

market development, consulting,

international market research, foreign

market product research and design,

development of trade strategy, legal

assistance, marketing, promotion, sales,

distribution, trade documentation, trade

shows, freight forwarding, consolidation

of export shipments, transportation,

communication and processing of

export orders, warehousing, foreign

exchange, financing, taking title to

goods, customs, duties, taxes, insurance,

billing collection, inspection and

quality control.

II. Export Markets

The Export Markets include 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).

III. Export Trade Activities and

Methods of Operation

In connection with the promotion and

sale of Products, Services, and/or

Technology Rights into the Export

Markets, GBW and/or the Members may:

1. Design and execute foreign

marketing strategies for Export Markets;

2. Establish base prices at which the

Products will be sold for export, and set

all or other terms of export sales;

21120 Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Notices

3. Agree on quantities of Products to

be sold. GHC and GBW shall not require

any Product Supplier to export a

minimum quantity. Supplier names will

be in a lottery draw and the order in

which names are drawn will be the

order in which Suppliers will be

contacted to see if they want to sell. If

a Supplier decides not to sell, his name

is put at the end of the list of Suppliers;

4. GBW and/or Mechthild Handke

and GHC may refuse to quote prices for

Products, or to market or sell Products

to/or for any customers in the Export

Markets, or any countries or

geographical areas in the Export

Markets;

5. GBW and GHC may conduct

promotional activities such as: design,

develop and use promotional material

using trademarked seals and/or other

material. GBW and GHC may design,

develop and market generic or other

corporate labels for use in Export

Markets. GBW and GHC may arrange

trade shows, marketing trips,

advertising services, and may conduct

international market and Product

research;

6. GBW and GHC may conduct

marketing and distribution of the

Products in the Export Markets;

7. GBW and GHC may enter into

exclusive agreements appointing one or

more export trade intermediaries for the

sale of products with price, quantity,

territory, country and/or customer

restrictions. (‘‘Exclusive’’ means that

GBW and GHC may agree not to sell

Products into designated Export Markets

through any other foreign distributor

and that the foreign distributor may

agree to represent only GBW and GHC

in the Export Markets and none of

GBW’s and GHC’s competitors.);

8. Conduct product and packaging

research and development exclusively

for export in order to meet foreign

regulatory requirements, foreign buyer

specifications, and foreign consumer

preferences;

9. Negotiate and enter into agreements

with foreign governments and other

foreign persons regarding non-tariff

barriers in Export Markets;

10. Advise and cooperate with the

United States Government in

establishing procedures regulating the

export of the Products;

11. Participate in negotiations and

enter into agreements with foreign

buyers (including governments and

private persons) regarding fumigating,

packing and other quality control and/

or phytosanitary procedures, and/or

funding requirements to be followed in

the export of the Products. Such

procedures may include activities

related to insect and disease detection,

certification, inspection, storage and

treatment protocols required to qualify

Products for export and to meet the

import requirements of the foreign

government. GBW and/or the Members

may establish and operate fumigation

facilities for use in the export of the

Products;

12. Negotiate or enter into purchase

agreements with buyers in Export

Markets regarding terms and conditions

of sales;

13. Broker or take title to Products

and research data intended for Export

Markets;

14. Jointly undertake the

administrative tasks of processing

export orders;

15. Engage in joint promotional

activities (such as advertising or trade

shows) for developing existing or new

markets;

16. Procure, negotiate, contract, and

administer transportation services for

Products in the course of export,

including overseas freight

transportation, inland freight

transportation from portal to

embarkment, leasing of transportation

equipment and facilities, storing/

warehousing, stevedoring, wharfage,

handling, insurance, and freight

forwarder services;

17. Arrange for trade documentation,

services, customs clearance, financial

instruments, and foreign exchange;

18. Compile and discuss information

regarding expenses specific to exporting

the Products to and within the Export

Markets, including without limitation,

all modes of transportation, port storage,

export sales, commissions,

documentation, duties and taxes;

19. Operate and establish jointly

owned subsidiaries or other joint

venture entities, owned exclusively by

GBW and/or the Members, to export

Products to Export Markets; operate

warranty, service, and training centers

in Export Markets; and to provide

Export Trade Facilitation Services to

Members and nonmember Suppliers of

Products. Member and nonmember

Wisconsin Suppliers may ship Products

through GHC;

20. Require the licensing of and

license in the Export Markets any

intellectual property rights resulting

from the research conducted by the

GRIA. The use of this intellectual

property in conjunction with the sale of

Products shall be determined by

negotiations between the export

customer, GBW and GRIA;

21. Arrange financing through private

and public financial entities;

22. Bill and collect monies from

foreign buyers; perform or arrange for all

legal and financial services in relation to

Export Trade Activities and Methods of

Operation;

23. Require the use of the Wisconsin

Ginseng Seal for Products (only ginseng

and ginseng products) sold in the Export

Markets;

24. Provide marketing and/or health

benefit research data to customers,

distributors and other export trade

intermediaries in the Export Markets for

use in promotion of Products, and enter

into licensing arrangements of such data

with export trade intermediaries and

buyers in the Export Markets;

25. GBW and/or the Members can

require that the Wisconsin Ginseng Seal

emblem only be used to identify and

signify Product (only ginseng and

ginseng products) grown in Wisconsin,

USA and containing 100% pure

Wisconsin Ginseng;

26. Negotiate and enter into

agreements with foreign governments

and foreign persons to develop countertrade arrangements, provided that this

Certificate does not protect any conduct

related to the sale of goods in the U.S.

that are imported as part of any countertrade transactions;

27. Apply for and utilize applicable

export assistance and incentive

programs available within governmental

sectors;

28. Open, operate and staff overseas

sales and distribution offices to facilitate

the sales and distribution of Products to

and within Export Markets; and

29. Exchange information as

necessary to carry out Export Trade

Activities and Methods of Operation

between GBW, GRIA, GHC and other

entities. Bring together from time to

time GBW, the Members, and export

trade intermediaries in the Export

Markets to discuss and plan how to

fulfill the Product, Service, and/or

Technology Rights requirements of

specific export customers or Export

Markets.

IV. Definitions

‘‘Members’’ (within the meaning of

Section 325.2(l) of the Regulations) are:

the Ginseng Research Institute of

America, Inc. (‘‘GRIA’’), Wausau, WI;

Ginseng & Herb Co-op (‘‘GHC’’),

Wausau, WI; and Ms. Mechthild

Handke, Dusseldorf, Germany

(representative for GBW and GHC).

‘‘Supplier’’ means a person who

produces, provides, or sells any Product

and/or Service.

V. Terms and Conditions of Certificate

1. Neither GBW, nor any of the

Members, shall intentionally disclose,

directly or indirectly, to any other

Member or Supplier, any information

about GBW’s, any other Member’s, or

Federal Register / Vol. 66, No. 82 / Friday, April 27, 2001 / Notices 21121

any Supplier’s costs, production,

capacity, inventories, domestic prices,

domestic sales, 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. Meetings at which GBW and the

Members establish export prices shall

not be open to the public.

3. GBW and the 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

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.

VI. Protection Provided by Certificate

This Certificate protects GBW and the

Members, and their directors, officers,

and employees acting on their behalf,

from private treble damage actions and

governmental 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.

A copy of the 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, NW., Washington, DC 20230.

Dated: April 20, 2001.

Vanessa Bachman,

Acting Director, Office of Export Trading

Company Affairs.

[FR Doc. 01–10457 Filed 4–26–01; 8:45 am]

BILLING CODE 3510–DR–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 042301A]

Atlantic Highly Migratory Species;

Draft Biological Opinion

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Reopening of comment period.

SUMMARY: NMFS announces the

reopening of the comment period on the

draft biological opinion on

authorization of the fisheries under the

Fishery Management Plan for Atlantic

Tunas, Swordfish and Sharks that

published in the Federal Register on

April 11, 2001. This action is being

taken because several constituents

requested additional time to review the

document due to its size and

complexity.

DATES: Comments on the draft

document will be accepted through 5

p.m. EST on May 4, 2001. The draft

biological opinion is available from

NMFS (see ADDRESSES).

ADDRESSES: Written comments on the

document must be mailed to Bruce C.

Morehead, Acting Director, Office of

Sustainable Fisheries, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910; or

faxed to 301–713–1917. Comments will

not be accepted if submitted via email

or the Internet. Copies of the draft

document may be obtained from

Christopher Rogers, Acting Chief,

Highly Migratory Species Management

Division, NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Christopher Rogers, 301–713–2347.

SUPPLEMENTARY INFORMATION: For tbhe

notice of availability of the draft

biological opinion on authorization of

the fisheries under the Fishery

Management Plan for Atlantic Tunas,

Swordfish and Sharks that published at

66 FR 18755, April 11, 2001, the

comment period ended on April 18,

2001 at 5 p.m. EST. This document

reopens the comment period to May 4,

2001. The document is available on the

Internet at (http://www.nmfs.noaa.gov/);

printed copies are available from NMFS

upon request (see ADDRESSES).

Authority: 16 U.S.C. 1801 et seq.

Dated: April 24, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–10521 Filed 4–24–01; 3:35 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 041001C]

Taking and Importing of Marine

Mammals

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of affirmative finding

renewal.

SUMMARY: The Assistant Administrator

for Fisheries, NMFS, (Assistant

Administrator) renewed the affirmative

finding for the Republic of Ecuador

under the Marine Mammal Protection

Act (MMPA) on April 19, 2001. The

renewal of Ecuador’s affirmative finding

allows for the continued importation

into the United States of yellowfin tuna

and yellowfin tuna products harvested

in the eastern tropical Pacific Ocean

(ETP) after March 3, 1999, by

Ecuadorian-flag purse seine vessels or

vessels with greater than 400 short tons

(362.8 metric tons (mt)) carrying

capacity operating under Ecuadorian

jurisdiction. The affirmative finding

renewal was based on the review of

documentary evidence submitted by the

Republic of Ecuador and obtained from

the Inter-American Tropical Tuna

Commission (IATTC) and the

Department of State. This finding

remains in effect through March 31,

2002.

DATES: Effective April 1, 2001, through

March 31, 2002.

FOR FURTHER INFORMATION CONTACT:

Regional Administrator, Southwest

Region, NMFS, 501 West Ocean

Boulevard, Suite 4200, Long Beach,

California, 90802–4213; Phone 562–

980–4000; Fax 562–980–4018.

SUPPLEMENTARY INFORMATION: The

MMPA, 16 U.S.C. 1361 et seq., as

amended by the International Dolphin

Conservation Program Act (IDCPA)

(Pub. L. No. 105-42, 111 Stat. 1122

(1997)), allows the entry into the United

States of yellowfin tuna harvested by

purse seine vessels in the ETP under

certain conditions. If requested by the

harvesting nation, the Assistant

Administrator for Fisheries, NMFS

(Assistant Administrator), will

determine whether to make an

affirmative finding based upon

documentary evidence provided by the

harvesting nation, the IATTC, and/or

the Department of State. A finding will

remain valid for 1 year (April 1 through

March 31) or for such other period as

the Assistant Administrator may

determine. An affirmative finding

applies to tuna and tuna products that

were harvested in the ETP by purse

seine vessels of the nation and applies

to any tuna harvested in the ETP purse

seine fishery after March 3, 1999, the

effective date of the IDCPA.

The affirmative finding process

requires that the harvesting nation meet

several conditions related to compliance