Export Trade Certificate of Review, 8040-8042 [2010-3422]
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8040
Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
Temperature Measuring Devices, 1st
Ed.
MPMS Ch. 22.5, Testing Protocols—
Electronic Flow Computer
Calculations, 1st Ed.
MPMS Ch. 4.5, Master-Meter Provers,
3rd Ed.
MPMS Ch. 4.9.3, Methods of Calibration
for Displacement and Volumetric
Tank Provers, Part 3—Determination
of the Volume of Displacement
Provers by the Master Meter Method
of Calibration, 1st Ed.
MPMS Ch. 4.9.4, Methods of Calibration
for Displacement and Volumetric
Tank Provers, Part 4—Determination
of the Volume of Displacement and
Tank Provers by the Gravimetric
Method of Calibration, 1st Ed.
MPMS Ch. 8.1–SP, Manual Sampling of
Petroleum and Petroleum Products—
Spanish, 3rd Ed.
MPMS Ch. 9.1, Standard Test Method
for Density, Relative Density (Specific
Gravity), or API Gravity of Crude
Petroleum and Liquid Petroleum
Products by Hydrometer Method, 3rd
Ed.
MPMS Ch. 9.2, Standard Test Method
for Density or Relative Density of
Light Hydrocarbons by Pressure
Hydrometer, 3rd Ed.
MPMS Ch. 9.3, Standard Test Method
for Density, Relative Density, and API
Gravity of Crude Petroleum and
Liquid Petroleum Products by
Thermohydrometer Method, 3rd Ed.
TR 2570, Technical Report for the
Determination of Water in Crude Oil
and Petroleum Products Using OnLine Water Monitors, 1st Ed.
FOR FURTHER INFORMATION CONTACT:
Paula Watkins, Standards Department,
e-mail: (watkinsp@api.org)
Meetings/Conferences: The Spring
Committee on Petroleum Measurement
Meeting will be held in Dallas, Texas,
March 15–18, 2010. The Fall Committee
on Petroleum Measurement Meeting
will be held in Denver, Colorado,
October 4–8, 2010. Interested parties
may visit the API Web site at https://
www.api.org/meetings/ for more
information regarding participation in
these meetings.
Pipeline:
RP 1109, Marking Liquid Petroleum
Pipeline Facilities, 4th Ed.
RP 1162, Public Awareness Programs for
Pipeline Operators, 2nd Ed.
RP 1167, Alarm Management, 1st Ed.
RP 2200, Repairing Crude Oil, Liquefied
Petroleum Gas and Product Pipelines,
4th Ed.
Std 1160, Managing System Integrity for
Hazardous Liquid Pipelines, 2nd Ed.
FOR FURTHER INFORMATION CONTACT:
Ed Baniak, Standards Department, email: (baniake@api.org).
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16:25 Feb 22, 2010
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Refining:
RP 500, Recommended Practice for
Classification of Locations for
Electrical Installations at Petroleum
Facilities Classified as Class I,
Division 1 and Division 2, 3rd Ed.
RP 505, Recommended Practice for
Classification of Locations for
Electrical Installations at Petroleum
Facilities Classified as Class I, Zone 0,
Zone 1 and Zone 2, 2nd Ed.
RP 520 Pt 2, Sizing, Selection, and
Installation of Pressure-Relieving
Devices in Refineries, Part II,
Installation, 6th Ed.
RP 540, Electrical Installations in
Petroleum Processing Plants, 5th Ed.
RP 578, Material Verification Program
for New and Existing Alloy Piping
Systems, 2nd Ed.
RP 621, Reconditioning of Metallic Gate,
Globe, and Check Valves, 3rd Ed.
RP 688, Recommended Practice for
Pulsation and Vibration Control in
Reciprocating Compressor Systems,
1st Ed.
RP 934–A–A1, Addendum 1 to
Materials and Fabrication
Requirements for 2–1/4/3Cr Alloy
Steel Heavy Wall Pressure Vessels for
High Temperature, High Pressure
Hydrogen Service, 2nd Ed.
RP 934–E, Materials and Fabrication of
1⁄4;Cr–1⁄2;Mo Steel Pressure Vessels for
Service above 825 °F (440 °C), 1st Ed.
Std 541, Form-Wound Squirrel-Cage
Induction Motors 500 Horsepower
and Larger, 5th Ed.
Std 607/ISO 10497, Testing of ValvesFire Type-testing Requirements, 6th
Ed.
Std 620–A2, Addendum 2 to Design and
Construction of Large, Welded, LowPressure Storage Tanks, 11th Ed.
Std 653–A1, Addendum 1 to Tank
Inspection, Repair, Alteration, and
Reconstruction, 4th Ed.
Std 670, Machinery Protection Systems,
5th Ed.
Std 673, Centrifugal Fans for Petroleum,
Chemical and Gas Industry Services,
3rd Ed.
Std 674, Positive Displacement PumpsReciprocating, 3rd Ed.
Std 754, Process Safety Performance
Indicators for the Refining and
Petrochemical Industries, 1st Ed.
Std 755, Fatigue Prevention Guidelines
for the Refining and Petrochemical
Industries, 1st Ed.
TR 934–B, Fabrication Considerations
for Vanadium-Modified Cr-Mo Steel
Heavy Wall Pressure Vessels, 1st Ed.
TR 934–D, Technical Report on the
Materials and Fabrication Issues of
11⁄4Cr-1⁄2Mo and 1Cr-1⁄2Mo Steel
Pressure Vessels, 1st Ed.
TR 938–C, Use of Duplex Stainless
Steels in the Oil Refining Industry,
2nd Ed.
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FOR FURTHER INFORMATION CONTACT:
David Soffrin, Standards Department,
e-mail:(soffrind@api.org).
Meetings/Conferences: The Spring
Refining and Equipment Standards
Meeting will be held in New Orleans,
Louisiana, April 26–28, 2010. The Fall
Refining and Equipment Standards
Meeting will be held in Nashville,
Tennessee, November 15–17, 2010.
Interested parties may visit the API Web
site at https://www.api.org/meetings/ for
more information regarding
participation in these meetings.
Safety and Fire Protection:
Publ 2218, Fireproofing Practices in
Petroleum and Petrochemical
Processing Plants, 3rd Ed.
RP 2350, Overfill Protection for Storage
Tanks in Petroleum Facilities, 4th Ed.
FOR FURTHER INFORMATION CONTACT:
David Soffrin, Standards Department,
e-mail: (soffrind@api.org).
For Additional Information on the
overall API standards program, Contact:
David Miller, Standards Department, email: miller@api.org.
Dated: February 5, 2010.
Marc G. Stanley,
Acting Deputy Director.
[FR Doc. 2010–3500 Filed 2–22–10; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application 10–00001]
Export Trade Certificate of Review
ACTION: Notice of Application for an
Export Trade Certificate of Review from
Alaska Longline Cod Commission
(‘‘ALCC’’)
SUMMARY: The Export Trading Company
Affairs (‘‘ETCA’’) unit, Office of
Competition and Economic Analysis,
International Trade Administration,
Department of Commerce, has received
an application for an Export Trade
Certificate of Review (‘‘Certificate’’). This
notice summarizes the conduct for
which certification is sought and
requests comments relevant to whether
the Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Flynn, Director, Office of
Competition and Economic Analysis,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll free number) or E-mail at
oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private, treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. Section 302(b)(1) of the
Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the
Secretary to publish a notice in the
Federal Register, identifying the
applicant and summarizing its proposed
export conduct.
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Request for Public Comments
Interested parties may submit written
comments relevant to the determination
whether a Certificate should be issued.
If the comments include any privileged
or confidential business information, it
must be clearly marked and a
nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked
‘‘privileged’’ or ‘‘confidential business
information’’ will be deemed to be
nonconfidential. An original and five (5)
copies, plus two (2) copies of the
nonconfidential version, should be
submitted no later than 20 days after the
date of this notice to: Export Trading
Company Affairs, International Trade
Administration, U.S. Department of
Commerce, Room 7021X, Washington,
DC 20230, or transmitted by E-mail at
oetca@ita.doc.gov. Information
submitted by any person is exempt from
disclosure under the Freedom of
Information Act (5 U.S.C. 552).
However, nonconfidential versions of
the comments will be made available to
the applicant if necessary for
determining whether or not to issue the
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 10–00001.’’ A summary of the
application follows.
Summary of the Application
Applicant: Alaska Longline Cod
Commission (‘‘ALCC’’) c/o Mundt
MacGregor L.L.P., 271 Wyatt Way NE.,
Suite 106, Bainbridge Island,
Washington 98110, Contact: Duncan R.
McIntosh, Attorney, Telephone: (206)
624–5950.
Application No.: 10–00001.
Date Deemed Submitted: February 2,
2010.
Members (in addition to applicant):
ALCC members include the following
entities: Alaskan Leader Fisheries, Inc.,
Lynden, Washington; Alaskan Leader
Seafoods LLC, Lynden, Washington;
Gulf Mist, Inc., Everett, Washington;
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Deep Sea Fisheries, Inc., Everett,
Washington; Aleutian Spray Fisheries,
Inc., Seattle, Washington; Pathfinder
Fisheries LLC, Seattle, Washington;
Liberator Fisheries, LLC, Seattle,
Washington; Siberian Sea Fisheries,
LLC, Seattle, Washington; Akulurak
LLC, Seattle, Washington; Romanzoff
Fishing Company, Seattle, Washington;
Beauty Bay Washington, LLC, Seattle,
Washington; Tatoosh Seafoods LLC,
Seattle, Washington; Blue North
Fisheries, Inc, Seattle, Washington; Blue
North Trading Company, LLC, Seattle,
Washington; Clipper Group, Ltd,
Seattle, Washington; Clipper Seafoods,
Ltd., Seattle, Washington; Bering Select
Seafoods Company, Seattle,
Washington; Glacier Bay Fisheries LLC,
Seattle, Washington; Glacier Fish
Company LLC, Seattle, Washington; and
Shelfords’ Boat, Ltd., Mill Creek,
Washington.
ALCC seeks a Certificate of Review to
engage in the Export Trade Activities
and Methods of Operation described
below in the following Export Trade and
Export Markets:
Export Trade
Products
ALCC plans to export frozen at-sea,
headed and gutted, Alaska cod (Gadus
macrocephalus), also known as Pacific
cod. Headed and gutted means the head
and viscera are removed prior to
freezing. Frozen-at-sea means that the
export product is frozen on the catcherprocessor vessel while at-sea
immediately after being headed and
gutted.
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).
Export Trade Activities and Methods of
Operation
ALCC and its members seek
certification for the following activities
and exchanges of information:
1. Each member will from time to
time independently determine in its
sole discretion (i) the quantity of export
product that it makes available for sale
in export markets, and (ii) whether any
portion of such quantity will be sold
independently by it, be sold in
cooperation with some or all of the
other members, or be made available to
ALCC for sale in export markets. ALCC
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8041
may not require any member to export
any minimum quantity of export
product.
2. ALCC and/or its members may
enter into agreements to act in certain
countries or markets as the members’
exclusive or non-exclusive export
intermediary(ies) for the quantity of
export product dedicated by each
member for sale by ALCC or any
member(s) in that country or market. In
any such agreement (i) ALCC or the
member(s) acting as the exclusive export
intermediary may agree not to represent
any other supplier of export product
with respect to one or more export
market(s), and (ii) members may agree
that they will export the quantity of
export product dedicated for sale in
such export markets only through ALCC
or the member(s) acting as an exclusive
export intermediary, and that they will
not export the export product otherwise,
either directly or through any other
export intermediary.
3. ALCC and/or one or more of its
members may engage in joint bidding or
selling arrangements for export markets
and allocate sales resulting from such
arrangements among the members.
4. The members may refuse to deal
with export intermediaries other than
ALCC and its members.
5. ALCC may, for itself and on behalf
of its members, by agreement with its
members or its members’ distributors or
agents, or on the basis of its own
determination:
a. Establish the prices at which export
product will be sold in export markets;
b. Establish standard terms of sale of
export product;
c. Establish standard quality grades
for export product;
d. Establish target prices for sales of
export product by its members in export
markets, with each member remaining
free to deviate from such target prices in
its sole discretion;
e. Subject to the limitations set forth
in paragraph 1, above, establish the
quantity of export product to be sold in
export markets;
f. Allocate among the members export
markets or customers in the export
markets;
g. Refuse to quote prices for, or to
market or sell, export product in export
markets; and
h. Engage in joint promotional
activities aimed at developing existing
or new export markets, such as
advertising and trade shows.
6. ALCC may, for itself and on behalf
of its members, contact non-member
suppliers of export product to elicit
information relating to price, volume
delivery schedules, terms of sale, and
other matters relating to such suppliers’
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices
sales or prospective sales in export
markets.
7. Subject to the limitations set forth
in paragraph 1, above, ALCC and its
members may agree on the quantities of
export product and the prices at which
ALCC and its members may sell export
product in and for export markets, and
may also agree on territorial and
customer allocations in export markets
among the members.
8. ALCC and its members may enter
into exclusive and non-exclusive
agreements appointing third parties as
export intermediaries for the sale of
export product in export markets. Such
agreements may contain the price,
quantity, territorial and customer
restrictions for export markets contained
in paragraph 5, above.
9. ALCC and its members may solicit
individual non-member suppliers of
Product to sell such Product to ALCC or
members for sale in export markets.
10. ALCC may compile for, collect
from, and disseminate to its members,
and the members may discuss among
themselves, either in meetings
conducted by ALCC or independently
via telephone and other available and
appropriate modes of communication,
the information described in Item 14
below.
11. ALCC and its members may
prescribe conditions for withdrawal of
members from and admission of
members to ALCC.
12. ALCC may, for itself or on behalf
of its members, establish and implement
a quality assurance program for export
product, including without limitation
establishing, staffing, and operating a
laboratory to conduct quality testing,
promulgating quality standards or
grades, inspecting export product
samples and publishing guidelines for
and reports of the results of laboratory
testing.
13. ALCC may conduct meetings of its
members to engage in the activities
described in paragraphs 1 through 12,
above.
14. ALCC and its members seek to
exchange and discuss the following
types of export-related information:
a. Sales and marketing efforts, and
activities and opportunities for sales of
export product, including but not
limited to selling strategies and pricing,
projected demand for export product,
standard or customary terms of sale in
export markets, prices and availability
of export product from competitors, and
specifications for export product by
customers in export markets;
b. Price, quality, quantity, source, and
delivery dates of export product
available from the members for export
including but not limited to export
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inventory levels and geographic
availability;
c. Terms and conditions of contracts
for sales to be considered and/or bid on
by ALCC and its members;
d. Joint bidding or selling
arrangements and allocation of sales
resulting from such arrangements
among the members, including each
member’s share of the previous calendar
year’s total foreign sales;
e. Expenses specific to exporting to
and within export markets, including
without limitation transportation, transor intermodal shipments, cold storage,
insurance, inland freight to port, port
storage, commissions, export sales,
documentation, financing, customs
duties, and taxes;
f. U.S. and foreign legislation
regulations and policies affecting export
sales; and
g. ALCC’s and/or its members’ export
operations, including without
limitation, sales and distribution
networks established by ALCC or its
members in export markets, and prior
export sales by members (including
export price information).
Dated: February 17, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2010–3422 Filed 2–22–10; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Advisory Committee on Earthquake
Hazards Reduction Meeting
AGENCY: National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
SUMMARY: The Advisory Committee on
Earthquake Hazards Reduction (ACEHR
or Committee), will hold a meeting on
Monday, March 15, 2010 from 8:30 a.m.
to 5:30 p.m. and Tuesday, March 16,
2010, from 8:30 a.m. to 4 p.m. The
primary purpose of this meeting is to
develop the Committee’s draft report to
the NIST Director. The agenda may
change to accommodate Committee
business. The final agenda will be
posted on the NEHRP Web site at
https://nehrp.gov/.
DATES: The ACEHR will hold a meeting
on Monday, March 15, 2010, from 8:30
a.m. until 5:30 p.m. The meeting will
continue on Tuesday, March 16, 2010,
from 8:30 a.m. until 4 p.m. The meeting
will be open to the public.
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ADDRESSES: The meeting will be held in
the Heritage Room, in the
Administration Building at NIST in
Gaithersburg, Maryland. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT: Dr.
Jack Hayes, National Earthquake
Hazards Reduction Program Director,
National Institute of Standards and
Technology, 100 Bureau Drive, Mail
Stop 8604, Gaithersburg, Maryland
20899–8604. Dr. Hayes’ e-mail address
is jack.hayes@nist.gov and his phone
number is (301) 975–5640.
SUPPLEMENTARY INFORMATION: The
Committee was established in
accordance with the requirements of
Section 103 of the NEHRP
Reauthorization Act of 2004 (Pub. L.
108–360). The Committee is composed
of 15 members appointed by the
Director of NIST, who were selected for
their technical expertise and experience,
established records of distinguished
professional service, and their
knowledge of issues affecting the
National Earthquake Hazards Reduction
Program. In addition, the Chairperson of
the U.S. Geological Survey (USGS)
Scientific Earthquake Studies Advisory
Committee (SESAC) serves in an ex
officio capacity on the Committee. The
Committee assesses:
• Trends and developments in the
science and engineering of earthquake
hazards reduction;
• The effectiveness of NEHRP in
performing its statutory activities
(improved design and construction
methods and practices; land use
controls and redevelopment; prediction
techniques and early-warning systems;
coordinated emergency preparedness
plans; and public education and
involvement programs);
• Any need to revise NEHRP; and
• The management, coordination,
implementation, and activities of
NEHRP.
Background information on NEHRP
and the Advisory Committee is available
at https://nehrp.gov/.
Pursuant to the Federal Advisory
Committee Act, 5 U.S.C. app. 2, notice
is hereby given that the Advisory
Committee on Earthquake Hazards
Reduction (ACEHR) will hold a meeting
on Monday, March 15, 2010, from 8:30
a.m. until 5:30 p.m. The meeting will
continue on Tuesday, March 16, 2010,
from 8:30 a.m. until 4 p.m. The meeting
will be held in the Heritage Room, in
the Administration Building at NIST in
Gaithersburg, Maryland. The primary
purpose of this meeting is to develop
the Committee’s draft report to the NIST
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]]>Agencies
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8040-8042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3422]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Application 10-00001]
Export Trade Certificate of Review
ACTION: Notice of Application for an Export Trade Certificate of Review
from Alaska Longline Cod Commission (``ALCC'')
-----------------------------------------------------------------------
SUMMARY: The Export Trading Company Affairs (``ETCA'') unit, Office of
Competition and Economic Analysis, International Trade Administration,
Department of Commerce, has received an application for an Export Trade
Certificate of Review (``Certificate''). This notice summarizes the
conduct for which certification is sought and requests comments
relevant to whether the Certificate should be issued.
FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of
Competition and Economic Analysis, International Trade Administration,
by telephone at (202) 482-5131 (this is not a toll free number) or E-
mail at oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to
issue Export
[[Page 8041]]
Trade Certificates of Review. An Export Trade Certificate of Review
protects the holder and the members identified in the Certificate from
State and Federal government antitrust actions and from private, treble
damage antitrust actions for the export conduct specified in the
Certificate and carried out in compliance with its terms and
conditions. Section 302(b)(1) of the Export Trading Company Act of 1982
and 15 CFR 325.6(a) require the Secretary to publish a notice in the
Federal Register, identifying the applicant and summarizing its
proposed export conduct.
Request for Public Comments
Interested parties may submit written comments relevant to the
determination whether a Certificate should be issued. If the comments
include any privileged or confidential business information, it must be
clearly marked and a nonconfidential version of the comments
(identified as such) should be included. Any comments not marked
``privileged'' or ``confidential business information'' will be deemed
to be nonconfidential. An original and five (5) copies, plus two (2)
copies of the nonconfidential version, should be submitted no later
than 20 days after the date of this notice to: Export Trading Company
Affairs, International Trade Administration, U.S. Department of
Commerce, Room 7021X, Washington, DC 20230, or transmitted by E-mail at
oetca@ita.doc.gov. Information submitted by any person is exempt from
disclosure under the Freedom of Information Act (5 U.S.C. 552).
However, nonconfidential versions of the comments will be made
available to the applicant if necessary for determining whether or not
to issue the Certificate. Comments should refer to this application as
``Export Trade Certificate of Review, application number 10-00001.'' A
summary of the application follows.
Summary of the Application
Applicant: Alaska Longline Cod Commission (``ALCC'') c/o Mundt
MacGregor L.L.P., 271 Wyatt Way NE., Suite 106, Bainbridge Island,
Washington 98110, Contact: Duncan R. McIntosh, Attorney, Telephone:
(206) 624-5950.
Application No.: 10-00001.
Date Deemed Submitted: February 2, 2010.
Members (in addition to applicant): ALCC members include the
following entities: Alaskan Leader Fisheries, Inc., Lynden, Washington;
Alaskan Leader Seafoods LLC, Lynden, Washington; Gulf Mist, Inc.,
Everett, Washington; Deep Sea Fisheries, Inc., Everett, Washington;
Aleutian Spray Fisheries, Inc., Seattle, Washington; Pathfinder
Fisheries LLC, Seattle, Washington; Liberator Fisheries, LLC, Seattle,
Washington; Siberian Sea Fisheries, LLC, Seattle, Washington; Akulurak
LLC, Seattle, Washington; Romanzoff Fishing Company, Seattle,
Washington; Beauty Bay Washington, LLC, Seattle, Washington; Tatoosh
Seafoods LLC, Seattle, Washington; Blue North Fisheries, Inc, Seattle,
Washington; Blue North Trading Company, LLC, Seattle, Washington;
Clipper Group, Ltd, Seattle, Washington; Clipper Seafoods, Ltd.,
Seattle, Washington; Bering Select Seafoods Company, Seattle,
Washington; Glacier Bay Fisheries LLC, Seattle, Washington; Glacier
Fish Company LLC, Seattle, Washington; and Shelfords' Boat, Ltd., Mill
Creek, Washington.
ALCC seeks a Certificate of Review to engage in the Export Trade
Activities and Methods of Operation described below in the following
Export Trade and Export Markets:
Export Trade
Products
ALCC plans to export frozen at-sea, headed and gutted, Alaska cod
(Gadus macrocephalus), also known as Pacific cod. Headed and gutted
means the head and viscera are removed prior to freezing. Frozen-at-sea
means that the export product is frozen on the catcher-processor vessel
while at-sea immediately after being headed and gutted.
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).
Export Trade Activities and Methods of Operation
ALCC and its members seek certification for the following
activities and exchanges of information:
1. Each member will from time to time independently determine in
its sole discretion (i) the quantity of export product that it makes
available for sale in export markets, and (ii) whether any portion of
such quantity will be sold independently by it, be sold in cooperation
with some or all of the other members, or be made available to ALCC for
sale in export markets. ALCC may not require any member to export any
minimum quantity of export product.
2. ALCC and/or its members may enter into agreements to act in
certain countries or markets as the members' exclusive or non-exclusive
export intermediary(ies) for the quantity of export product dedicated
by each member for sale by ALCC or any member(s) in that country or
market. In any such agreement (i) ALCC or the member(s) acting as the
exclusive export intermediary may agree not to represent any other
supplier of export product with respect to one or more export
market(s), and (ii) members may agree that they will export the
quantity of export product dedicated for sale in such export markets
only through ALCC or the member(s) acting as an exclusive export
intermediary, and that they will not export the export product
otherwise, either directly or through any other export intermediary.
3. ALCC and/or one or more of its members may engage in joint
bidding or selling arrangements for export markets and allocate sales
resulting from such arrangements among the members.
4. The members may refuse to deal with export intermediaries other
than ALCC and its members.
5. ALCC may, for itself and on behalf of its members, by agreement
with its members or its members' distributors or agents, or on the
basis of its own determination:
a. Establish the prices at which export product will be sold in
export markets;
b. Establish standard terms of sale of export product;
c. Establish standard quality grades for export product;
d. Establish target prices for sales of export product by its
members in export markets, with each member remaining free to deviate
from such target prices in its sole discretion;
e. Subject to the limitations set forth in paragraph 1, above,
establish the quantity of export product to be sold in export markets;
f. Allocate among the members export markets or customers in the
export markets;
g. Refuse to quote prices for, or to market or sell, export product
in export markets; and
h. Engage in joint promotional activities aimed at developing
existing or new export markets, such as advertising and trade shows.
6. ALCC may, for itself and on behalf of its members, contact non-
member suppliers of export product to elicit information relating to
price, volume delivery schedules, terms of sale, and other matters
relating to such suppliers'
[[Page 8042]]
sales or prospective sales in export markets.
7. Subject to the limitations set forth in paragraph 1, above, ALCC
and its members may agree on the quantities of export product and the
prices at which ALCC and its members may sell export product in and for
export markets, and may also agree on territorial and customer
allocations in export markets among the members.
8. ALCC and its members may enter into exclusive and non-exclusive
agreements appointing third parties as export intermediaries for the
sale of export product in export markets. Such agreements may contain
the price, quantity, territorial and customer restrictions for export
markets contained in paragraph 5, above.
9. ALCC and its members may solicit individual non-member suppliers
of Product to sell such Product to ALCC or members for sale in export
markets.
10. ALCC may compile for, collect from, and disseminate to its
members, and the members may discuss among themselves, either in
meetings conducted by ALCC or independently via telephone and other
available and appropriate modes of communication, the information
described in Item 14 below.
11. ALCC and its members may prescribe conditions for withdrawal of
members from and admission of members to ALCC.
12. ALCC may, for itself or on behalf of its members, establish and
implement a quality assurance program for export product, including
without limitation establishing, staffing, and operating a laboratory
to conduct quality testing, promulgating quality standards or grades,
inspecting export product samples and publishing guidelines for and
reports of the results of laboratory testing.
13. ALCC may conduct meetings of its members to engage in the
activities described in paragraphs 1 through 12, above.
14. ALCC and its members seek to exchange and discuss the following
types of export-related information:
a. Sales and marketing efforts, and activities and opportunities
for sales of export product, including but not limited to selling
strategies and pricing, projected demand for export product, standard
or customary terms of sale in export markets, prices and availability
of export product from competitors, and specifications for export
product by customers in export markets;
b. Price, quality, quantity, source, and delivery dates of export
product available from the members for export including but not limited
to export inventory levels and geographic availability;
c. Terms and conditions of contracts for sales to be considered
and/or bid on by ALCC and its members;
d. Joint bidding or selling arrangements and allocation of sales
resulting from such arrangements among the members, including each
member's share of the previous calendar year's total foreign sales;
e. Expenses specific to exporting to and within export markets,
including without limitation transportation, trans- or intermodal
shipments, cold storage, insurance, inland freight to port, port
storage, commissions, export sales, documentation, financing, customs
duties, and taxes;
f. U.S. and foreign legislation regulations and policies affecting
export sales; and
g. ALCC's and/or its members' export operations, including without
limitation, sales and distribution networks established by ALCC or its
members in export markets, and prior export sales by members (including
export price information).
Dated: February 17, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-3422 Filed 2-22-10; 8:45 am]
BILLING CODE 3510-DR-P
