Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices 33941

incidents of family violence, and the

provision of immediate shelter and

related assistance for victims of family

violence and their dependents; the

projected service population of the

program; the projected service area of

the program; and the projected number

of cases per month.

Funds will be distributed, subject to

the availability of appropriations. In any

fiscal year that the appropriation

exceeds 50 percent of the level of

funding authorized by the Act, 49

percent must be distributed equally to

all tribes and tribal organizations and 49

percent must be distributed on a per

capita basis according to the population

of children residing in the service area.

Two percent of the annual

appropriation will be set aside for

distribution to tribes demonstrating

special circumstances. Special

circumstances include but are not

limited to a high incidence of child

sexual abuse, a high incidence of violent

crimes, a high incidence of violent

crimes against women, or the existence

of a significant victim population within

the community.

Any tribe not wishing to receive

Indian child protection and family

violence prevention funds must inform

its respective area office in writing

within 90 days after receiving notice of

the allocation from the area office. Each

area office may reallocate unused Indian

child protection and family violence

prevention program funds as provided

in this section.

Burden Statement: Section 63.15

Background Investigations, as mandated

by statute, require an average 40 hours

per employee, with an estimated

employee base of 10,000, a total burden

of 400,000 hours. Funding information

is to be collected annually from each

applicant. It is anticipated that the

number of third party collection

(background investigations) will be less

in subsequent years.

Sections 63.33 and 63.34 Funding

Applications require an annual

reporting and record keeping burden of

30 hours for each response for 554

respondents, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and review collection of

information. Thus, the total annual

reporting and recordkeeping burden for

this collection is estimated to be 16,620

hours, which is in addition to the

background investigation burden.

CFR section Number of

respondents

Third party collectionFrequency of

response

Total annual responsesBurden hours

per response

Annual burden

hours

Cost to

respondents

63.15 554 10,000 1 10,000 40 400,000 $8,000,000

63.33 554 0 1 554 20 11,080 221,600

63.34 554 0 1 554 10 5,540 110,800

The Bureau of Indian Affairs will not

conduct or require tribes and tribal

organizations to respond to a collection

of information until 25 CFR 63.4,

Information Collection, references a

currently valid Office of Management

and Budget control number.

2. Request for Comments

The Department solicits comments to:

(a) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility.

(b) Evaluate the accuracy of the

agencies’ estimates of burden of the

proposed collection of information,

including the methodology and

assumptions used.

(c) Enhance the quality, utility, and

clarity of the information to be

collected.

(d) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

collection techniques or other forms of

information technology.

Tribes, organizations and individuals

desiring to submit comments on the

information collection requirement

should direct them to the Office of

Information and Regulatory Affairs,

OMB, Room 10202, New Executive

Office Building, Washington, D.C.

20503; Attention: Desk Officer for the

U.S. Department of the Interior.

Dated: June 17, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16671 Filed 6–28–96; 8:45 am]

BILLING CODE 4310–02–P

Bureau of Indian Affairs

The Confederated Tribes of the Grand

Ronde; Community of Oregon Liquor

Ordinance

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This Notice is published in

accordance with authority delegated by

the Secretary of the Interior to the

Assistant Secretary—Indian Affairs by

209 DM 8, and in accordance with the

Act of August 15, 1953, 67 Stat. 586, 18

U.S.C. 1161. I certify that the

Confederated Tribes of the Grand Ronde

Community of Oregon Liquor Ordinance

was duly adopted by Resolution No.

022–96 of the Confederated Tribes of the

Grand Ronde Community of Oregon on

April 10, 1996. The Ordinance provides

for the regulation, sale, possession and

use of alcoholic liquor on the Grand

Ronde Reservation and other lands

subject to Tribal jurisdiction.

DATES: This Ordinance is effective as of

July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Chief, Branch of Judicial Services,

Division of Tribal Government Services,

1849 C Street, N.W., MS 4603 MIB,

Washington, D.C. 20240–4001;

telephone (202) 208–4401.

SUPPLEMENTARY INFORMATION: The

Confederated Tribes of the Grand Ronde

Community of Oregon Liquor Ordinance

is to read as follows:

(a) Authority and Purpose

(1) The authority for the Ordinance

and its adoption by Tribal Council is

found in the Tribal Constitution under

Article III, Section 1, and in the Act of

August 15, 1953, Public Law 83–277, 18

U.S.C. § 1161.

(2) This Ordinance is for the purpose

of regulating the sale, possession and

use of alcoholic liquor on the Grand

Ronde Reservation and other lands

subject to Tribal jurisdiction.

(b) Definitions

To the extent that definitions are

consistent with tribal or federal law,

terms used herein shall have the same

meaning as defined in Oregon Revised

Statutes Chapter 471, and in Oregon

Administrative Rules Chapter 845.

(1) ‘‘Alcoholic liquor’’ shall mean any

alcoholic beverage containing more than

one-half of one percent alcohol by

volume, and every liquid or solid,

patented or not, containing alcohol and

capable of being consumed by a human

being.
33942 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices

(2) ‘‘Grand Ronde Reservation’’ shall

mean all lands held in trust by the

United States for the Tribe or its

members and all lands owned by the

Tribe, wherever located.

(3) Whenever the words ‘‘sell’’ or ‘‘to

sell’’ refer to anything forbidden by this

Chapter and related to alcoholic liquor,

they include:

(A) To solicit or receive an order.

(B) To keep or expose for sale.

(C) To deliver for value or in any way

other than purely gratuitously.

(D) To peddle.

(E) To keep with intent to sell.

(F) To traffic in.

(G) For any consideration, promise or

obtained directly or indirectly under

any pretext or by any means or procure

or allow to be procured for any other

person.

(4) The word ‘‘sale’’ includes every

act of selling as defined in subsection 2

of this section.

(c) Prohibited Activity

(1) It shall be unlawful for any person

to sell, trade or manufacture any

alcoholic liquor on the Grand Ronde

Reservation except as provided for in

this Ordinance.

(2) It shall be unlawful for any

business establishment or person on the

Grand Ronde Reservation to possess,

transport or keep with intent to sell,

barter or trade to another, any liquor,

except for those commercial liquor

establishments on the Grand Ronde

Reservation licensed by the Tribe,

provided, however, that a person may

transport liquor from a licensed

establishment consistent with the terms

of the license.

(3) It shall be unlawful for any person

to consume alcoholic liquor on a public

highway.

(4) It shall be unlawful for any person

to publicly consume any alcoholic

liquor at any community function, or at

or near any place of business, Indian

celebration grounds, recreational areas,

including ballparks, and public camping

areas, the Tribal Headquarters area and

any other area where minors gather for

meetings or recreation, except within a

tribally licensed establishment where

alcohol is sold.

(5) It shall be unlawful for any person

under the age of 21 years to buy, attempt

to buy or to misrepresent their age in

attempting to buy, alcoholic liquor. It

shall be unlawful for any person under

the age of 21 years to transport, possess

or consume any alcoholic liquor on the

Grand Ronde Reservation, or to be

under the influence of alcohol or to be

at an established commercial liquor

establishment, except as authorized

under Section (e) of this Ordinance . No

person shall sell or furnish alcoholic

liquor to any minor.

(6) Alcoholic liquor may not be given

as a prize, premium or consideration for

a lottery, contest, game of chance or

skill, or competition of any kind.

(d) Procedure for License

(1) Any request for a license under

this Ordinance must be presented to the

Tribal Council at least 30 days prior to

the requested effective date. Tribal

Council shall set license conditions at

least as strict as those required by

federal law, including at a minimum:

(A) Liquor may only be served and

handled in a manner no less strict than

allowed under Oregon Revised Statutes

Chapter 471.

(B) Liquor may only be served by staff

of the licensee; and

(C) Liquor may only be served in

rooms where gambling is not taking

place.

(2) Council action on a license request

must be taken at a regular or special

meeting. Unless the request is for a

special event license, the Council shall

give at least 14 days notice of the

meeting at which the request will be

considered. Notice shall be posted at the

Tribal Council offices and at the

establishment requesting the license,

and will be sent by Certified Mail to the

Oregon Liquor Control Commission.

(e) Sale or Service of Liquor by

Licensee’s Minor Employees

(1) The holder of a license issued

under this Ordinance or Oregon Revised

Statutes Chapter 472 may employ

persons 18, 19 and 20 years of age who

may take orders for, serve and sell

alcoholic liquor in any part of the

licensed premises when that activity is

incidental to the serving of food except

in those areas classified by the Oregon

Liquor Control Commission as being

prohibited to the use of minors.

However, no person who is 18, 19 or 20

years of age shall be permitted to mix,

pour or draw alcoholic liquor except

when pouring is done as a service to the

patron at the patron’s table or drawing

is done in a portion of the premises not

prohibited to minors.

(2) Except as stated in this section, it

shall be unlawful to hire any person to

work in connection with the sale and

service of alcoholic beverages in a

tribally licensed liquor establishment if

such person is under the age of 21 years.

(f) Warning Signs Required

(1) Any person in possession of a

valid retail liquor license, who sells

liquor by the drink for consumption on

the premises or sells for consumption

off the premises, shall post a sign

informing the public of the effects and

risks of alcohol consumption during

pregnancy.

(2) The sign shall:

(A) Contain the message: ‘‘Pregnancy

and alcohol do not mix. Drinking

alcoholic beverages, including wine,

coolers and beer, during pregnancy can

cause birth defects.’’

(B) Be either:

(i) A large sign, no smaller than eight

and one-half inches by 11 inches in size

with lettering no smaller than fiveeighths of an inch in height; or

(ii) A reduced sign, five by seven

inches in size with lettering of the same

proportion as the large sign described in

paragraph (a) of this subsection.

(C) Contain a graphic depiction of the

message to assist nonreaders in

understanding the message. The

depiction of a pregnant female shall be

universal and shall not reflect a specific

race or culture.

(D) Be in English unless a significant

number of the patrons of the retail

premises use a language other than

English as a primary language. In such

cases, the sign shall be worded both in

English and the primary language or

languages of the patrons.

(E) Be displayed on the premises of all

licensed retail liquor premises as either

a large sign at the point of entry, or a

reduced sized sign at points of sale.

(3) The person described in

subsection (1) of this section shall also

post signs of any size at places where

alcoholic beverages are displayed.

(g) Civil Penalty

(1) Any person who violates the

provisions of this Ordinance is deemed

to have consented to the jurisdiction of

the Tribal Court and may be subject to

a civil penalty in Tribal Court for a civil

infraction. Such civil penalty shall not

exceed the sum of $1,000 for each such

infraction, provided, however, that the

penalty shall not exceed $5,000 if it

involves minors.

(2) The procedures governing the

adjudication in Tribal Court of such

civil infractions shall be those set out in

the Trial Court rules.

(3) The Tribal Council hereby

specifically finds that such civil

penalties are reasonably necessary and

are related to the expense of

governmental administration necessary

in maintaining law and order and public

safety on the Reservation and in

managing, protecting and developing

the natural resources on the

Reservation. It is the legislative intent of

the Tribal Council that all violations of

this Chapter, whether committed by

tribal members, non-member Indians, or
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices 33943

non-Indians, be considered civil in

nature rather than criminal.

(h) Severability

(1) If a court of competent jurisdiction

finds any provision of this Ordinance to

be invalid or illegal under applicable

Federal or Tribal law, such provision

shall be severed from this Ordinance

and the remainder of this Ordinance

shall remain in full force and effect.

(i) Consistency With State Law

(1) The Confederated Tribes of Grand

Ronde agrees to perform in the same

manner as any other Oregon business

entity for the purpose of liquor licensing

and regulations, including but not

limited to licensing, compliance with

the regulations of the Oregon Liquor

Control Commission, maintenance of

liquor liability insurance, as more

specifically set forth in a certain

‘‘Memorandum of Understanding

Governing Liquor Licensing and

Regulation,’’ negotiated under the

approved terms of the Tribal/State

Compact for the regulation of Class III

gaming, entered into between The

Confederated Tribes of Grand Ronde

and the State of Oregon, which is

incorporated as if specifically set forth

herein, as it may be amended from time

to time.

(j) Effective Date

(1) This Ordinance shall be effective

upon publication in the Federal

Register after approval by the Secretary

of the Interior or his designee.

Dated: June 25, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16635 Filed 6–28–96; 8:45 am]

BILLING CODE 4310–02–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–378]

Certain Asian-Style Kamaboko Fish

Cakes; Notice of Commission

Determinations Not To Review Two

Initial Determinations Finding a

Violation of Section 337 and Two

Respondents in Default, and of the

Schedule for Filing Written

Submissions on Remedy, the Public

Interest, and Bonding

AGENCY: International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission has determined not to

review two initial determinations (IDs)

issued in Order No. 15 on May 21, 1996,

by the presiding administrative law

judge (ALJ) in the above-captioned

investigation. The first found a violation

of section 337 of the Tariff Act of 1930

in the importation and sale of certain

Asian-style kamaboko fish cakes and the

second found two respondents in

default.

FOR FURTHER INFORMATION CONTACT: Jay

H. Reiziss, Esq., Office of the General

Counsel, U.S. International Trade

Commission, 500 E Street, S.W.,

Washington, D.C. 20436, telephone 202–

205–3116. Copies of the nonconfidential

versions of the IDs and all other

nonconfidential documents filed in

connection with this investigation are or

will be available for inspection during

official business hours (8:45 a.m. to 5:15

p.m.) in the Office of the Secretary, U.S.

International Trade Commission, 500 E

Street S.W., Washington, D.C. 20436,

telephone 202–205–2000. Hearingimpaired persons are advised that

information on the matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

SUPPLEMENTARY INFORMATION: The

Commission instituted this investigation

on September 12, 1995, based on a

complaint filed by Yamasa Enterprises

of Los Angles, California. 60 Fed Reg.

48722. The following six firms were

names as respondents: Yamasa

Kamaboko Co., Ltd. (YKCL); Alpha

Oriental Foods, Inc. (Alpha); N.A. Sales,

Inc.; New Japan Food Corp.; Rhee

Brothers, Inc.; and Rokko Trading Co.,

Inc. Respondents N.A. Sales and Rokko

Trading Co. were subsequently

terminated from the investigation on the

basis of a settlement agreement.

Respondent Alpha is believed to have

gone out of business.

On May 21, 1996, the presiding ALJ

issued Order No. 15 which included

two IDs. In one ID the ALJ granted

complainant’s motion for summary

determination on each substantive issue

in the investigation. In the other ID the

ALJ granted complainant’s motion that

respondents New Japan Food Corp. and

Rhee Brothers be found in default.

Respondent YKCL filed a petition for

review of the IDs, and complainant and

the Commission investigative attorney

filed oppositions to YKCL’s petition. On

June 6, 1996, the ALJ also issued a

recommended determination on the

issues of remedy and bonding.

In connection with final disposition

of this investigation, the Commission

may issue (1) an order that could result

in the exclusion of the subject articles

from entry into the United States, and/

or (2) cease and desist orders that could

result in respondents New Japan Food

Corp. and Rhee Brothers being required

to cease and desist from engaging in

unfair acts in the importation and sale

of such articles. Accordingly, the

Commission is interested in receiving

written submissions that address the

form of remedy, if any, that should be

ordered. If a party seeks exclusion of an

article from entry into the United States

for purposes other than entry for

consumption, the party should so

indicate and provide information

establishing that activities involving

other types of entry either are adversely

affecting it or are likely to do so. For

background, see the Commission

Opinion, In the Matter of Certain

Devices for Connecting Computers via

Telephone Lines, Inv. No. 337–TA–360.

If the Commission contemplates some

form of remedy, it must consider the

effects of that remedy upon the public

interest. The factors the Commission

will consider include the effect that an

exclusion order and/or cease and desist

orders would have on (1) the public

health and welfare, (2) competitive

conditions in the U.S. economy, (3) U.S.

production of articles that are like or

directly competitive with those that are

subject to investigation, and (4) U.S.

consumers. The Commission is

therefore interested in receiving written

submissions that address the

aforementioned public interest factors

in the context of this investigation.

If the Commission orders some form

of remedy, the President has 60 days to

approve or disapprove the

Commission’s action. During this

period, the subject articles would be

entitled to enter the United States under

a bond, in an amount determined by the

Commission and prescribed by the

Secretary of the Treasury. The

Commission is therefore interested in

receiving submissions concerning the

amount of the bond that should be

imposed, if remedial orders are issued.

WRITTEN SUBMISSIONS: The parties to the

investigation, interested government

agencies, and any other interested

persons are encouraged to file written

submissions on the issues of remedy,

the public interest, and bonding. Such

submissions should address the June 6,

1996, recommended determination by

the ALJ. Complainant and the

Commission investigative attorney are

also requested to submit proposed

remedial orders for the Commission’s

consideration. The written submissions

and proposed remedial orders must be

filed no later than the close of business

on July 15, 1996. Reply submissions

must be filed no later than the close of