Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices 3283

are present. The exemption request

satisfies the criteria of 10 CFR

50.12(a)(2)(ii) as follows: The

underlying purpose of the rule is to

ensure that safe shutdown can occur

notwithstanding the possibility of a fire.

Application of the rule is not necessary

to achieve the underlying purpose

because with respect to the possibility

of a fire affecting safe shutdown, (1) the

fixed combustible loading in

containment is insignificant and the

location of the sensing lines are remote

from the fixed combustibles that do

exist; (2) automatic smoke detectors are

installed above each of the reactor

coolant pumps; (3) personnel access to

the containment is restricted during

power operations, thus, the potential for

transient combustible material to

accumulate is low; (4) the inherent fire

retardant properties of the power cables

used in containment would minimize

fire propagation; and, (5) the effects of

a fire inside containment are bounded

by the worst case loss-of-coolant

accident analysis, thus safe shutdown

would be achievable.

IV

Accordingly, the Commission has

determined, pursuant to 10 CFR 50.12,

that (1) the Exemption as described in

Section III is authorized by law, will not

endanger life or property, and is

otherwise in the public interest and (2)

special circumstances exist pursuant to

10 CFR 50.12(a)(2)(ii). Therefore, the

Commission hereby grants the following

Exemption:

(1) The Power Authority of the State

of New York is exempt from the

requirement of 10 CFR Part 50,

Appendix J, Section III.G.2.f, to the

extent that the redundant wide-range

steam generator water level sensing

lines and the redundant pressurizer

level sensing lines, located inside

containment, need not be separated by

noncombustible radiant energy shields.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this Exemption will have no

significant impact on the quality of the

human environment (59 FR 11810).

This Exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 5th day

of January 1995.

For the Nuclear Regulatory Commission.

Herbert N. Berkow,

Acting Director, Division of Reactor Projects—

I/II, Office of Nuclear Reactor Regulation.

[FR Doc. 95–923 Filed 1–12–95; 8:45 am]

BILLING CODE 7590–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. 301–96]

Initiation of Section 302 Investigation

Regarding Policies and Practices of

the Government of Colombia

Concerning the Exportation of

Bananas to the European Union;

Request for Public Comment

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of determination

regarding initiation of investigation

under section 302(b)(1)(A) of the Trade

Act of 1974, as amended (19 U.S.C. 2412

(b)(1)(A)); request for written comments.

SUMMARY: The United States Trade

Representative (USTR) has initiated an

investigation under section 302(b)(1)(A)

of the Trade Act of 1974, as amended

(the Trade Act), with respect to certain

acts, policies and practices of the

Government of Colombia affecting U.S.

companies that export bananas from

Colombia to the European Union. USTR

invites written comments from the

public on the matters being investigated.

DATES: This investigation was initiated

on January 9, 1995. Written comments

from the public are due on or before 12

noon, on Friday, February 10, 1995.

ADDRESSES: Office of the United States

Trade Representative, 600 17th Street,

NW, Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:

Edward Kaska, Director for European

Services and Agriculture, (202) 395–

3320; or Irving Williamson, Deputy

General Counsel, (202) 395–3432.

SUPPLEMENTARY INFORMATION: Section

302(b)(1)(A) of the Trade Act authorizes

the USTR to initiate an investigation

under chapter 1 of Title III of the Trade

Act (commonly referred to as ‘‘Section

301’’), with respect to any matter in

order to determine whether the matter is

actionable under section 301. Matters

actionable under section 301 include,

inter alia, acts, policies, and practices of

a foreign country that are unreasonable

or discriminatory and burden or restrict

U.S. commerce.

On September 2, 1994, Chiquita

Brands International, Inc. and the

Hawaii Banana Industry Association

filed a petition pursuant to section

302(a) of the Trade Act alleging that

various policies and practices of the

European Union (EU), Colombia, Costa

Rica, Nicaragua and Venezuela

concerning trade in bananas are

discriminatory, unreasonable and

burden or restrict United States

commerce. In particular, the petition

alleged that the March 29, 1994

Framework Agreement on Bananas

between the EU and Colombia, Costa

Rica, Nicaragua and Venezuela

(Framework Agreement) aggravated the

harm caused by the EU banana import

regime and provided for the

implementation of discriminatory

measures against the U.S. banana

companies.

On October 17, 1994, pursuant to

section 302(a) of the Trade Act, the

USTR initiated an investigation of the

EU practices referred to in the petition,

but decided not to initiate an

investigation of the practices of

Colombia, Costa Rica, Nicaragua and

Venezuela because they had not yet

implemented the Framework

Agreement. The USTR called upon

these governments to withdraw from the

Framework Agreement before its

implementation, and to seek reform of

the EU’s banana policy in a manner

consistent with the EU’s obligations

under the GATT and the Agreement

Establishing the World Trade

Organization.

On December 1, 1994, the

Government of Colombia issued Decree

2655, which governs banana exports

from Colombia to the EU from January

1, 1995 through March 31, 1995 and

implements the Framework Agreement.

Accordingly, on January 9, 1995, the

USTR determined that an investigation

should be initiated under section

302(b)(1)(A) of the Trade Act to

determine whether, as a result of

Colombia’s implementation of the

Framework Agreement, the policies and

practices of Colombia regarding the

exportation of bananas to the EU are

unreasonable and discriminatory and

burden or restrict U.S. commerce. On

January 9, 1995, the USTR also initiated

such an investigation regarding these

policies and practices.

Investigation and Consultations

Pursuant to section 303(a) of the

Trade Act, the USTR has requested

consultations with the Government of

Colombia concerning the issues under

investigation. UUTR will seek

information and advice from the

appropriate committees established

pursuant to section 135 of the Trade Act

in preparing the U.S. presentations for

such consultations.

Within 12 months after the date on

which this investigation was initiated

(i.e., on or before January 9, 1996),

pursuant to section 304 of the Trade Act

the USTR must determine, on the basis

of the investigation and the

consultations, whether any act, policy,

or practice described in section 301 of

the Trade Act exists and, if that

determination is affirmative, determine
3284 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Notices

what action, if any, to take under

section 301 of the Trade Act.

Public Comment: Requirements for

Submissions

Interested persons are invited to

submit written comments on the acts,

policies, and practices of the

Government of Colombia that are the

subject of this investigation, the amount

of burden or restriction on U.S.

commerce caused by these acts, policies

and practices, and the determinations

required under section 304 of the Trade

Act.

Comments must be filed in

accordance with the requirements set

forth in 15 CFR 2006.8(b) (55 FR 20593)

and are due no later than 12 noon,

Friday, February 10, 1995. Comments

must be in English and provided in

twenty copies to: Sybia Harrison, Office

of the General Counsel, Room 223,

USTR, 600 17th Street, NW.,

Washington, DC 20506.

Comments will be placed in a file

(Docket 301–96) open to public

inspection in the USTR Reading Room

pursuant to 15 CFR 2006.13, except

confidential business information

exempt from public inspection in

accordance with 15 CFR 2006.15.

Confidential business information

submitted in accordance with 15 CFR

2006.15 must be clearly marked

‘‘BUSINESS CONFIDENTIAL’’ in a

contrasting color ink at the top of each

page on each of 20 copies, and must be

accompanied by a nonconfidential

summary of the confidential

information. The nonconfidential

summary will be placed in the file that

is open to public inspection. An

appointment to review the docket may

be made by calling Brenda Webb (202)

395–6186. The USTR Reading Room is

open to the public from 10 a.m. to 12

noon and 1 p.m. to 4 p.m., Monday

through Friday, and is located in: room

101, Office of the United States Trade

Representative, 600 17th Street NW.,

Washington, DC 20506.

Irving A. Williamson,

Chairman, Section 301 Committee.

[FR Doc. 95–937 Filed 1–12–95; 8:45 am]

BILLING CODE 3190–01–M

[Docket No. 301–97]

Initiation of Section 302 Investigation

Regarding Policies and Practices of

the Government of Costa Rica

Concerning the Exportation of

Bananas to the European Union;

Request for Public Comment

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of determination

regarding initiation of investigation

under section 302(b)(1)(A) of the Trade

Act of 1974, as amended (19 U.S.C.

2412(b)(1)(A)); request for written

comments.

SUMMARY: The United States Trade

Representative (USTR) has initiated an

investigation under section 302(b)(1)(A)

of the Trade Act of 1974, as amended

(the Trade Act), with respect to certain

acts, policies and practices of the

Government of Costa Rica affecting U.S.

companies that export bananas from

Costa Rica to the European Union.

USTR invites written comments from

the public on the matters being

investigated.

DATES: This investigation was initiated

on January 9, 1995. Written comments

from the public are due on or before 12

noon, on Friday, February 10, 1995.

ADDRESSES: Office of the United States

Trade Representative, 600 17th Street,

NW, Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:

Edward Kaska, Director for European

Services and Agriculture, (202) 395–

3320; or Irving Williamson, Deputy

General Counsel, (202) 395–3432.

SUPPLEMENTARY INFORMATION: Section

302(b)(1)(A) of the Trade Act authorizes

the USTR to initiate an investigation

under chapter 1 of Title III of the Trade

Act (commonly referred to as ‘‘section

301’’), with respect to any matter in

order to determine whether the matter is

actionable under section 301. Matters

actionable under section 301 include,

inter alia, acts, policies, and practices of

a foreign country that are unreasonable

or discriminatory and burden or restrict

U.S. commerce.

On September 2, 1994, Chiquita

Brands International, Inc. and the

Hawaii Banana Industry Association

filed a petition pursuant to section

302(a) of the Trade Act alleging that

various policies and practices of the

European Union (EU), Colombia, Costa

Rica, Nicaragua and Venezuela

concerning trade in bananas are

discriminatory, unreasonable and

burden or restrict United States

commerce. In particular, the petition

alleged that the March 29, 1994

Framework Agreement on Bananas

between the EU and Colombia, Costa

Rica, Nicaragua and Venezuela

(Framework Agreement) aggravated the

harm caused by the EU banana import

regime and provided for the

implementation of discriminatory

measures against the U.S. banana

companies.

On October 17, 1994, pursuant to

section 302(a) of the Trade Act, the

USTR initiated an investigation of the

EU practices referred to in the petition,

but decided not to initiate an

investigation of the practices of

Colombia, Costa Rica, Nicaragua and

Venezuela because they had not yet

implemented the Framework

Agreement. The USTR called upon

these governments to withdraw from the

Framework Agreement before its

implementation, and to seek reform of

the EU’s banana policy.

On December 27, 1994, the

Government of Costa Rica issued Decree

No. 23917 COMEX–MAG, which

implements the Framework Agreement.

Accordingly, on January 9, 1995, the

USTR determined that an investigation

should be initiated under section

302(b)(1)(A) of the Trade Act to

determine whether, as a result of Costa

Rica’s implementation of the

Framework Agreement, the policies and

practices of Costa Rica regarding the

exportation of bananas to the EU are

unreasonable and discriminatory and

burden or restrict U.S. commerce. On

January 9, 1995, the USTR also initiated

such an investigation regarding these

policies and practices.

Investigation and Consultations

Pursuant to section 303(a) of the

Trade Act, the USTR has requested

consultations with the Government of

Costa Rica concerning the issues under

investigation. USTR will seek

information and advice from the

appropriate committees established

pursuant to section 135 of the Trade Act

in preparing the U.S. presentations for

such consultations.

Within 12 months after the date on

which this investigation was initiated

(i.e., on or before January 9, 1996),

pursuant to section 304 of the Trade Act

the USTR must determine, on the basis

of the investigation and the

consultations, whether any act, policy,

or practice described in section 301 of

the Trade Act exists and, if that

determination is affirmative, determine

what action, if any, to take under

section 301 of the Trade Act.

Public Comment: Requirements for

Submissions

Interested persons are invited to

submit written comments on the acts,

policies and practices of the

Government of Costa Rica that are the

subject of this investigation, the amount

of burden or restriction on U.S.

commerce caused by these acts, policies

and practices, and the determinations

required under section 304 of the Trade

Act.

Comments must be filed in

accordance with the requirements set