15230 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

ADDRESSES: Comments may be sent to

Len Condon, Deputy Assistant United

States Trade Representative for

Agricultural Affairs, Office of the United

States Trade Representative, 600 17th

Street NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT: Len

Condon, Deputy Assistant United States

Trade Representative for Agricultural

Affairs, Office of the United States

Trade Representative, 600 17th Street

NW., Washington, DC 20506; telephone:

(202) 395–6127.

SUPPLEMENTARY INFORMATION:

Background

As a result of the Uruguay Round

Agreements, approved by the Congress

in section 101 of the Uruguay Round

Agreement Act (URAA) Pub. L. 103–

465), the President, by Presidential

Proclamation No. 6763, has established

a tariff-rate quota for beef. (Under a

tariff-rate quota, the United States

applies one tariff rate, known as the ‘‘inquota tariff rate,’’ to imports of a

product up to a particular amount,

known as the ‘‘in-quota quantity,’’ and

a different, higher tariff rate, known as

the ‘‘over-quota tariff rate,’’ to imports of

the product in excess of that amount.)

The United States has also agreed to

assign Australia, Japan, and New

Zealand particular shares of the in-quota

quantity.

Additional U.S. note 3 to chapter 2 of

the Harmonized Tariff Schedule of the

United States, as added by the Annex to

Proclamation No. 6763, provides that

imports under the tariff-rate quota for

beef ‘‘are subject to regulations issued

by the United States Trade

Representative.’’

As part of the implementation of this

tariff-rate quota, the United States is

offering exporting countries that have an

allocation of the in-quota quantity the

opportunity to use export certificates for

their beef exports to the United States.

Using export certificates assures an

exporting country that only those

exports that it intends for the United

States market are counted against its inquota allocation, and in this instance

ensures that imports do not disrupt the

orderly marketing of beef in the United

States. However, a country does not

need to participate in the export

certificate program to receive the inquota tariff rate for its share of the inquota quantity.

The government of New Zealand has

specifically requested that the

opportunity to use export certificates be

made available to it and had requested

that this opportunity be available as of

January 1, 1995. It was not possible to

promulgate the necessary regulations by

January 1, 1995, but the United States

government is responding to the request

of the government of New Zealand as

promptly as possible.

Under the interim rule, a country

wishing to avail itself of export

certificates must notify USTR, provide

the necessary supporting information,

and otherwise satisfy USTR that the

country is a participating country.

(USTR intends to publish a notice in the

Federal Register whenever a country

becomes, or ceases to be, a participating

country.) The United States Customs

Service will then be responsible for

ensuring that no imports of beef from

that country are counted against the

country’s in-quota allocation unless

there is a proper export certificate for

that beef.

The Customs Service will separately

issue regulations governing Customs

implementation of this rule.

Accordingly, no export certificates will

be required for imports from a country

until the Customs Service regulations

are in effect and USTR determines that

the country is a participating country.

Review

This rule has been determined to be

a ‘‘significant regulatory action’’ under

Executive Order 12866 and has been

reviewed by the Office of Management

and Budget.

The information collection

requirements referred to in this rule will

be submitted to the Office of

Management and Budget by the

Customs Service in accordance with 44

U.S.C. Chapter 35 for approval under

OMB Number 1515–0065.

No regulatory flexibility analysis is

required for this rule since neither 5

U.S.C. 553 nor any other provision of

law requires publication of a general

notice of proposed rulemaking with

respect to this rule. However, the United

States Trade Representative has also

determined that the rule will not have

a significant economic impact on a

substantial number of small entities.

List of Subjects in 15 CFR Part 2012

Beef, Export certificates, Imports,

Meat, Tariff-rate quotas.

For the reasons set out in the

preamble, 15 CFR is amended by adding

the following new part 2012 to read as

follows:

PART 2012—IMPLEMENTATION OF

TARIFF-RATE QUOTAS FOR BEEF

Sec.

2012.1 Purpose.

2012.2 Definitions.

2012.3 Export certificates.

Authority: Proclamation No. 6763; sec.

404, Pub. L. 103–465, 108 Stat. 4809.

§ 2012.1 Purpose.

The purpose of this part is to provide

for the implementation of the tariff-rate

quota for beef established as a result of

the Uruguay Round Agreements,

approved by the Congress in section 101

of the Uruguay Round Agreements Act

(Pub. L. 103–465). In particular, this

part provides for the administration of

export certificates where a country that

has an allocation of the in-quota

quantity under the tariff-rate quota has

chosen to use export certificates.

§ 2012.2 Definitions.

Unless the context otherwise requires,

for the purpose of this subpart, the

following terms shall have the meanings

assigned below.

(a) Beef means any article classified

under any of the subheadings of the

HTS specified in additional U.S. note 3

to chapter 2 of the HTS.

(b) Allocated country means a country

to which an allocation of a particular

quantity of beef has been assigned under

additional U.S. note 3 to chapter 2 of the

HTS.

(c) Enter means to enter, or withdraw

from warehouse, for consumption.

(d) HTS means the Harmonized Tariff

Schedule of the United States.

(e) Participating country means any

allocated country that USTR has

determined is, and notified the U.S.

Customs Service as being eligible to use

export certificates.

(f) USTR means the United States

Trade Representative or the designee of

the United States Trade Representative.

§ 2012.3 Export certificates.

(a) Beef may only be entered as a

product of a participating country if the

importer makes a declaration to the

Customs Service, in the form and

manner determined by the Customs

Service, that a valid export certificate is

in effect with respect to the beef.

(b) To be valid, an export certificate

shall:

(1) Be issued by or under the

supervision of the government of the

participating country;

(2) Specify the name of the exporter,

the product description and quantity,

and the calendar year for which the

export certificate is in effect;

(3) Be distinct and uniquely

identifiable; and

(4) Be used in the calendar year for

which it is in effect.

Michael Kantor,

United States Trade Representative.

[FR Doc. 95–7125 Filed 3–22–95; 8:45 am]

BILLING CODE 3190–01–M
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15231

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1203

Interim Rule: Safety Standards for

Bicycle Helmets

AGENCY: Consumer Product Safety

Commission.

ACTION: Interim rule.

SUMMARY: The Commission announces

that certain voluntary standards for

bicycle helmets will become interim

mandatory standards pursuant to the

Children’s Bicycle Helmet Safety Act of

1994. These interim mandatory

standards shall remain in effect until

replaced by a final standard to be issued

by the Commission. These statutory

interim standards are the American

National Standards Institute (‘‘ANSI’’)

standard Z90.4–1984, the Snell

Memorial Foundation standard B–90,

and ASTM standard F 1447–1993.

The Commission also announces its

determination, pursuant to the Bicycle

Helmet Safety Act, that five additional

voluntary safety standards for bicycle

helmets are appropriate as interim

mandatory standards. These standards

are ASTM F 1447–1994, Snell B–90S,

N–94, and B–95, and the Canadian

voluntary standard CAN/CSA–D113.2–

M89.

Failure of a bicycle helmet

manufactured after the effective date of

the interim mandatory standards to

comply with at least one of the interim

standards shall be considered a

violation of a consumer product safety

standard promulgated under the

Consumer Product Safety Act.

DATES: The interim mandatory

standards for bicycle helmets will

become effective March 15, 1995, and

shall apply to all bicycle helmets

manufactured after that date.

The incorporation by reference of

certain publications listed in the

regulation is approved by the Director of

the Federal Register as of March 23,

1995.

FOR FURTHER INFORMATION CONTACT:

Scott Heh, Project Manager, Directorate

for Engineering Sciences, Consumer

Product Safety Commission,

Washington, D.C. 20207; telephone

(301)504–0494 ext. 1308.

SUPPLEMENTARY INFORMATION: On June

16, 1994, the Children’s Bicycle Helmet

Safety Act of 1994 (the ‘‘Act’’) was

enacted. Secs. 201–207, Pub. L. 103–

267, 108 Stat. 726–729; 15 U.S.C. 6001–

6006. This Act provides that bicycle

helmets manufactured 9 months or more

from that date (i.e., on or after March 16,

1995) shall conform to one of the

following interim safety standards: (1)

The American National Standards

Institute (ANSI) standard designated as

Z90.4–1984, (2) the Snell Memorial

Foundation standard designated as B–

90, (3) the ASTM, formerly the

American Society for Testing and

Materials, standard designated as F

1447, or (4) any other standard that the

Commission determines is appropriate.

In this notice, the Commission codifies

these interim mandatory standards as 16

CFR part 1203 and clarifies that ASTM

standard F 1447 means the 1993 version

of that standard. This is the version of

the F 1447 standard that was in effect

at the time the Act was enacted. The Act

provides that failure to conform to an

interim standard shall be considered a

violation of a consumer product safety

standard issued under the Consumer

Product Safety Act (CPSA), 15 U.S.C.

2051–2084.

The Act also directs the Consumer

Product Safety Commission to begin a

proceeding under 5 U.S.C. 553 to:

1. Review the requirements of the

interim standards described above and

establish a final standard based on such

requirements,

2. Include in the final standard a

provision to protect against the risk of

helmets coming off the heads of bicycle

riders,

3. Include in the final standard

provisions that address the risk of injury

to children, and

4. Include additional provisions as

appropriate.

The Act provides that the final

standard shall take effect 1 year from the

date it is issued and that the standard

shall be considered to be a consumer

product safety standard issued under

the CPSA. However, the Act also

provides that the provisions of the

CPSA regarding rulemaking procedures,

statutory findings, and judicial review

(15 U.S.C. 2056, 2058, 2060, and

2079(d)) shall not apply to this

proceeding or to the final standard.

When the final standard becomes

effective, it will replace the interim

standards.

The Commission reviewed the bicycle

helmet standards identified in the Act

(ANSI, ASTM, and Snell B–90), as well

as international bicycle helmet

standards and draft revisions of the

ANSI, ASTM, and Snell standards that

were under consideration. Based on this

review, the Commission developed a

proposed mandatory safety standard for

bicycle helmets. 59 FR 41719 (August

15, 1994). The proposed final safety

standard contains requirements for

general construction, labeling,

peripheral vision, impact attenuation,

and dynamic strength of the retention

system of bicycle helmets. In addition to

requirements derived from one or more

of the voluntary standards applicable to

this product, the proposed standard

includes requirements specifically

applicable to children’s helmets and

requirements to prevent helmets from

coming off during an accident. The

Commission also proposed testing and

recordkeeping requirements so it can

ensure that helmets subject to the

standard meet its requirements.

The August 15, 1994, proposal also

described the statutory interim

standards, explained that the

Commission could determine that

additional interim standards were

appropriate, and stated that the

Commission had not yet done so. Two

comments received by the Commission

on that notice requested that the

Commission designate certain other

voluntary standards for bicycle helmets

as interim mandatory standards. The

Snell Memorial Foundation requested

that, in addition to the Snell B–90

standard specified by the Act, three

other Snell standards be determined

appropriate as interim mandatory

bicycle helmet standards. These

additional Snell standards are: (1) B–

90S (a supplemental revision of the

Snell B–90 standard), (2) N–94 (a multipurpose helmet standard), and B–95

(the latest revision of the Snell bicycle

helmet standard, which will take effect

in 1995). Snell states that helmets

certified to any of these three standards

will also conform to the Snell B–90

standard specified in the Act.

The Health Protection Branch of

Health Canada recommended that the

Canadian voluntary standard (Cycling

Helmets–CAN/CSA–D113.1–M89) be

determined as an appropriate interim

mandatory standard. Health Canada

stated that such action would comport

with Article 906 of the North American

Free Trade Agreement (‘‘NAFTA’’),

which states that ‘‘the Parties shall, to

the greatest extent practicable, make

compatible their respective standardsrelated measures * * *.’’

In addition to reviewing the provision

and test methods of the requested Snell

and Canadian interim standards, the

Commission also evaluated the 1994

revision to ASTM F 1447. The

Commission concluded that these

standards are comparable to, and in

some cases exceed, the safety

performance criteria of the interim

standards identified in the Act.

Accordingly, the Commission

determines that these additional

voluntary standards are appropriate as

interim mandatory safety standards for

bicycle helmets.
15232 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

List of Subjects in 16 CFR Part 1203

Consumer protection, Bicycles,

Incorporation by reference, Infants and

children, Safety.

For the reasons given above, the

Commission adds a new part 1203 of

Title 16 of the Code of Federal

Regulations, to read as follows:

PART 1203—SAFETY STANDARD FOR

BICYCLE HELMETS

Sec.

1203.1 Purpose and basis.

1203.2 Scope and effective date.

1203.3 Interim safety standards.

Authority: Secs. 201–207, Pub. L. 103–267,

108 Stat. 726–729, 15 U.S.C. 6001–6006.

§ 1203.1 Purpose and basis.

The purpose and basis of this rule is

to protect bicyclists from head injuries

by ensuring that bicycle helmets comply

with the requirements of appropriate

existing voluntary standards, as

provided in 15 U.S.C. 6004(a).

§ 1203.2 Scope and effective date.

(a) Bicycle helmets manufactured

after March 15, 1995, shall comply with

the requirements of one of the standards

specified in § 1203.3. This requirement

shall be considered a consumer product

safety standard issued under the

Consumer Product Safety Act.

(b) A bicycle helmet is any headgear

marketed as suitable for providing

protection from head injuries associated

with bicycle use.

(c) These interim mandatory safety

standards will not apply to bicycle

helmets manufactured after the effective

date of a final bicycle helmet standard

to be issued in the future by the

Commission.

§ 1203.3 Interim safety standards.

(a) Bicycle helmets must comply with

one or more of the following standards,

which are incorporated herein by

reference:

(1) American National Standards

Institute (ANSI) standard Z90.4–1984,

Protective Headgear for Bicyclists,

(2) ASTM standards F 1447–93 or F

1447–94, Standard Specification for

Protective Headgear Used in Bicycling,

incorporating the relevant provisions of

ASTM F 1446–93 or ASTM F 1446–94,

Standard Test Methods for Equipment

and Procedures Used in Evaluating the

Performance Characteristics of

Protective Headgear, respectively,

(3) Canadian Standards Association

standard, Cycling Helmets CAN/CSA–

D113.2–M89,

(4) Snell Memorial Foundation (Snell)

1990 Standard for Protective Headgear

for Use in Bicycling (designation B–90),

(5) Snell 1990 Standard for Protective

Headgear for Use in Bicycling, including

March 9, 1994 Supplement (designation

B–90S),

(6) Snell 1994 Standard for Protective

Headgear for Use in Non-Motorized

Sports (designation N–94), or

(7) Snell 1995 Standard for Protective

Headgear for Use with Bicycles B–95.

(b) This incorporation by reference

was approved by the Director of the

Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies

of the standards may be obtained as

follows. Copies of the ANSI Z90.4

standard are available from: American

National Standards Institute, 11 W.

42nd Street, 13th Floor, New York, NY

10036. Copies of the ASTM standards

are available from: ASTM, 1916 Race

Street, Philadelphia, PA 19103. Copies

of the Canadian Standards Association

CAN/CSA–D113.2–M89 standard are

available from: CSA, 178 Rexdale

Boulevard, Rexdale (Toronto), Ontario,

Canada, M9W 1R3. Copies of the Snell

standards are available from: Snell

Memorial Foundation, Inc., P.O. Box

493, 7 Flowerfield, Suite 28, St. James,

New York 11780. Copies may be

inspected at the Office of the Secretary,

Consumer Product Safety Commission,

4330 East-West Highway, Bethesda,

Maryland 20814, or at the Office of the

Federal Register, 800 N. Capitol Street

NW, Room 700, Washington, DC.

Dated: March 16, 1995.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 95–7082 Filed 3–22–95; 8:45 am]

BILLING CODE 6355–01–P

DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 500

Migrant and Seasonal Agricultural

Worker Protection Regulations

CFR Correction

In title 29 of the Code of Federal

Regulations, parts 500 to 899, revised as

of July 1, 1994, § 500.268 appearing on

page 50 should be removed and the

following § 500.268 inserted:

§ 500.268 Final decision of the Secretary.

(a) The Secretary’s final Decision and

Order shall be issued within 120 days

from the notice of intent granting the

petition, and served upon all parties and

the Chief Administrative Law Judge, in

person or by certified mail.

(b) Upon receipt of an Order of the

Secretary modifying or vacating the

Decision and Order of an

Administrative Law Judge, the Chief

Administrative Law Judge shall

substitute such Order for the Decision

and Order of the Administrative Law

Judge.

BILLING CODE 1505-01-D

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Danger Zone and Restricted Area

Regulations

AGENCY: Army Corps of Engineers, DOD.

ACTION: Final rule.

SUMMARY: The U.S. Army Corps of

Engineers is amending the regulations

in 33 CFR Part 334 to add a clause that

alerts mariners that potential navigation

and charting errors may occur in the

boundaries of some danger zones and

restricted areas as a result of the

updating and replacement of the North

American Datum of 1927 with the North

American Datum of 1983. The

promulgation of these regulations will

notify mariners that geographic

coordinates establishing danger zone

and restricted area boundaries,

promulgated in 33 CFR Part 334 are not

to be used for plotting on maps and

charts where NAD 83 is referenced

unless the geographic coordinates in the

regulations are expressly labeled ‘‘NAD

83’’. Geographic coordinates without the

NAD 83 reference may be plotted on

charts or maps which are referenced to

NAD 83 only after applying the correct

formula that is published on the map or

chart being used.

EFFECTIVE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Ralph Eppard at (202) 272–1783.

SUPPLEMENTARY INFORMATION: A datum

is a reference point, line or surface used

as a reference in surveying and

mapping. Through the use of satellites

and other modern surveying techniques,

it is now possible to establish global

reference systems. The North American

Datum of 1983 (NAD 83), a new

adjustment of the U.S. network of

horizontal control, has been adopted as

a standard reference datum by the

United States and Canada. In March

1988, the National Ocean Service,

National Oceanic and Atmospheric

Administration, commenced publishing

charts in NAD 83. The parameters of the

Ellipsoid of reference used with NAD 83

are very close to those used for the