Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35857

program in the area of program

requirements policy.

2. Develops and issues guidelines,

directives, instructions and operating

procedures for such program

requirements subject areas as

individual/couple/child eligibility

status, in-kind income, support and

maintenance, in-kind living

arrangements, institutionalization,

special classifications of income and

medical social services, generic income

issues, deeming of income and

resources, computation of income,

certain grandfather clauses, special

sponsored alien deeming, color of law

alien status, presence in the United

States, generic resources issues, trust

policy, filing for other benefit

requirements and property essential for

self-support.

I. The Division of Program

Management, Research and

Demonstration (TAPH).

1. Designs, manages and conducts

studies to measure and evaluate the

impact and effectiveness of the

supplemental security income and the

retirement and survivors insurance

program policies, procedures and

programs on the population.

2. Establishes, maintains and operates

statistical program data base extract

systems to provide program information

for internal and external use; develops

functional specifications and programs;

validates output; and assists requestors

in verifying final product.

3. Manages demonstration cooperative

agreements and initiatives to target

special populations and program issues.

Evaluates the effectiveness of

demonstrations and initiatives and

develops new and revised policies and

procedures to implement program

improvements.

4. Coordinates and directs

assignments and projects related to

program redesign and systems

modernization efforts, including

development of program specifications

for expert systems. Formulates, plans

and implements computer programs and

other automation activities in support of

program policy, research and

administrative needs.

5. Develops and issues guidelines,

directives, instructions and operating

procedures for SSI applications policy,

including protective filing and advance

filing and SSI work incentive

provisions, including plans for

achieving self support and Section 1619

provisions.

Subchapter TAS—Office of Program

Support

TAS.00 Mission

TAS.10 Organization

TAS.20 Functions

Section TAS.00 The Office of

Program Support (Mission): The Office

of Program Support provides leadership

in overseeing the Agency’s system of

programmatic instructions, notices to

the public and technical documents.

Develops and maintains standards

governing the translation of strategic

policy decisions into operational

policies, procedures and notices.

Responsible for the Agency’s Regulatory

Program, including development of

SSA’s Regulatory Plan and the Agency’s

portion of the Unified Agenda of

Federal Regulations. Oversees the

Agency’s implementation of policies

which utilize technologies in providing

service to the public. Assures

programmatic support to legislative

implementation activities. Develops and

interprets SSA policy governing

requests for disclosure of information

from Agency records under provisions

of the Privacy Act and the Freedom of

Information Act. Sponsors and supports

ODCPP Interdisciplinary Teams

established to address cross-cutting

policy issues and initiatives. Designs,

implements and maintains automated

information and communications

systems ODCPP-wide. Section TAS.10

The Office of Program Support

(Organization): The Office of Program

Support, under the leadership of the

Associate Commissioner for Program

Support includes:

A. The Associate Commissioner for

Program Support (TAS).

B. The Deputy Associate

Commissioner for Program Support

(TAS).

C. The Immediate Office of the

Associate Commissioner for Program

Support (TAS).

Section TAS.20 The Office of

Program Support (Functions):

A. The Associate Commissioner for

Program Support (TAS) is directly

responsible to the Deputy

Commissioner, Programs and Policy for

carrying out OPS’s mission and

providing managerial direction to OPS.

B. The Deputy Associate

Commissioner for Program Support

(TAS) assists the Associate

Commissioner in carrying out his/her

responsibilities and performs other

duties as the Associate Commissioner

may prescribe.

C. The Immediate Office of the

Associate Commissioner of the Office of

Program Support(TAS) provides the

Associate Commissioner with staff

assistance on the full range of his/her

responsibilities.

1. Provides leadership in overseeing

the Agency’s system of programmatic

instructions, notices to the public and

technical documents. Develops and

maintains standards governing the

translation of strategic policy decisions

into operational policies, procedures

and notices.

2. Responsible for the Agency’s

Regulatory Program.

3. Oversees the Agency’s

implementation of policies which

utilize technologies in providing service

to the public.

4. Assures programmatic support to

legislative implementation activities.

5. Develops and interprets SSA policy

governing requests for disclosure of

information from Agency records under

provisions of the Privacy Act and the

Freedom of Information Act.

6. Sponsors and supports ODCPP

Interdisciplinary Teams.

7. Designs, implements and maintains

automated information and

communications systems ODCPP-wide.

Dated: June 19, 1996.

Shirley S. Chater,

Commissioner of Social Security.

[FR Doc. 96–17244 Filed 7–5–96; 8:45 am]

BILLING CODE 4190–29–P

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. 301–106]

Initiation of Section 302 Investigation

and Request for Public Comment:

Practices of the Government of India

Regarding Patent Protection for

Pharmaceuticals and Agricultural

Chemicals

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of initiation of

investigation; request for written

comments.

SUMMARY: The United States Trade

Representative (USTR) has initiated an

investigation under section 302(b)(1) of

the Trade Act of 1974, as amended (the

Trade Act ) (19 U.S.C. 2412(b)(1)), with

respect to certain acts, policies and

practices of the Government of India

that may result in the denial of patents

and exclusive marketing rights to U.S.

individuals and firms involved in the

development of innovative

pharmaceutical and agricultural

chemicals products. The United States

alleges that these acts, policies and

practices are inconsistent with the

Agreement on Trade-Related Aspects of

Intellectual Property Rights (TRIPs

Agreement), administered by the World

Trade Organization (WTO). USTR
35858 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

invites written comments from the

public on the matters being investigated.

DATES: This investigation was initiated

on July 2, 1996. Written comments from

the public are due on or before noon on

Monday, August 12, 1996.

ADDRESSES: Office of the United States

Trade Representative, 600 17th Street,

N.W., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

Joseph Papovich, Deputy Assistant

USTR for Intellectual Property, (202)

395–6864, or Thomas Robertson,

Assistant General Counsel, (202) 395–

6800.

SUPPLEMENTARY INFORMATION: Section

302(b)(1) 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, the denial of rights of the

United States under a trade agreement,

or acts, policies, and practices of a

foreign country that violate or are

inconsistent with the provisions of, or

otherwise deny benefits to the United

States under, any trade agreement.

On July 2, 1996, having consulted

with the appropriate private sector

advisory committees, the USTR

determined that an investigation should

be initiated to determined whether

certain laws and regulations of India

affecting the grant of patents and

exclusive marketing rights in innovative

pharmaceutical and agricultural

chemical products are actionable under

section 301(a). Article 70 of the TRIPs

Agreement requires all countries that do

not provide product patent protection

for pharmaceuticals and agricultural

chemicals on January 1, 1995, to

establish by that time a means by which

applications for patents for such

inventions can be filed, which is

commonly referred to as a ‘‘mailbox.’’

These applications are to be reviewed

when such protection is ultimately

provided in accordance with the

transitional provisions of the TRIPs

Agreement. This provisions allows

‘‘mailbox’’ applicants to preserve their

original filing date for the purposes of

novelty and nonobviousness

considerations in patentability

determinations. Article 70 of the TRIPs

Agreement also requires those WTO

members delaying the grant of

pharmaceutical and agricultural

chemical product patent protection to

grant ‘‘mailbox’’ applications up to five

years of marketing exclusivity if such

applicants are granted a patent and

marketing approval in another WTO

member and marketing approval in the

member providing marketing

exclusivity. India has not yet

established a permanent formal

‘‘mailbox’’ system for the filing of

pharmaceutical and agricultural

chemical product patent applications,

nor has it established a system for the

grant of exclusive marketing rights. The

Indian Government did attempt to

establish such systems in early 1995

(although the marketing exclusively

system appeared flawed), but the Indian

legislature failed to act in the area and

they expired. United States Government

officials have repeatedly raised this

issue with their Indian counterparts, but

have received no satisfactory response.

Indian’s failure to establish such

systems permanently in a way that gives

legal assurances to the parties that file

‘‘mailbox’’ applications would appear to

be inconsistent with the obligations set

forth in Article 70 of the TRIPs

Agreement.

Investigation and Consultations

As required in section 303(a) of the

Trade Act, the USTR has requested

consultations with the Government of

India regarding the issues under

investigation. The request was made

pursuant to Article 4 of the WTO

Understanding on Rules and Procedures

Governing the Settlement of Disputes

(DSU) and Article 64 of the TRIPs

Agreement (to the extent in incorporates

by reference Article XXII of the General

Agreements on Tariff and Trade 1994).

If the consultations do not result in a

satisfactory resolution of the matter, the

USTR will request the establishment of

a panel pursuant to Article 6 of the

DSU.

Under section 304 of the Trade Act,

the USTR must determine within 18

months after the date on which this

investigation was initiated, or within 30

days after the conclusion of WTO

dispute settlement procedures,

whichever is earlier, whether any act,

policy, or practice or denial of trade

agreement rights described in section

301 of the Trade Act exists and, if that

determination is affirmative, the USTR

must 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 concerning

the acts, policies and practices of India

which are the subject of this

investigation, the amount of burden or

restriction on U.S. commerce cause 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 must be

filed on or before noon on Monday,

August 12, 1996. Comments must be in

English and provided in twenty copies

to: Sybia Harrison, Staff Assistant to the

Section 301 Committee, Room 223,

Office of the U.S. Trade Representative,

600 17th Street, NW, Washington, D.C.

20508.

Comments will be placed in a file

(Docket 301–106) open to public

inspection 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 shall be

placed in the file that is open to public

inspection. An appointment to review

the docket (Docket No. 301–106) may be

made by calling Brenda Webb (202)

395–6186. The USTR Reading Room is

open to the public from 10:00 a.m. to 12

noon and 1:00 p.m. to 4:00 p.m.,

Monday through Friday, and is located

in Room 101.

Irving A. Williamson,

Chairman, Section 301 Committee.

[FR Doc. 96–17242 Filed 7–5–96; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waivers of Compliance

In accordance with 49 CFR §§ 211.9

and 211.41, notice is hereby given that

the Federal Railroad Administration

(FRA) has received from Thrall Car

Manufacturing Company a request for a

waiver of compliance with certain

requirements of Federal regulations. The

petition is described below, including

the regulatory provisions involved, the

nature of the relief being requested and

the petitioner’s arguments in favor of

relief.

Thrall Car Manufacturing Company

[Docket No. SA–96–2]

Thrall Car seeks a waiver of

compliance from certain sections of 49

CFR Part 231, Railroad Safety Appliance

Standards. Thrall Car is requesting a

permanent waiver of the provisions of

49 CFR Part 231 which requires that the