Export Trade Certificate of Review, 8040-8042 [2010-3422]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 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 http:// 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). VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 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. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\23FEN1.SGM 23FEN1 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. mstockstill on DSKH9S0YB1PROD with NOTICES 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; VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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’ E:\FR\FM\23FEN1.SGM 23FEN1 mstockstill on DSKH9S0YB1PROD with NOTICES 8042 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 VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 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 http://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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\23FEN1.SGM 23FEN1

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