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of which the Director determines that the applicant qualified under this part. Within 60 days prior to the termination of such period, a bona fide motor-vehicle manufacturer may apply for another determination under this part.
(c) The Director will promptly notify each applicant in writing of the final action taken on his application. § 615.5 Maintenance and publication of
a list of bona fide motor-vehicle
manufacturers. The Director shall maintain, and publish from time to time in the FEDERAL REGISTER, a list of the names and addresses of bona fide motor-vehicle manufacturers, and the effective dates for each determination.
support to be provided by the State and local officials and business and community leaders where the exposition is to be held, and a report by the Secretary of State to determine whether the exposition is qualified for registration under Bureau of International Exposition (BIE) rules. The BIE is an international organization established by the Paris Convention of 1928 (T.I.A.S. 6548 as amended by T.I.A.S. 6549) to regulate the conduct and scheduling of international expositions in which foreign nations are officially invited to participate. The BIE divides international expositions into different categories and types and requires each member nation to observe specified minimum time intervals in scheduling each of these categories and types of expositions. Under BIE rules, member nations may not ordinarily participate in' an international exposition unless such exposition has been approved by the BIE. The United States became a member of the BIE on April 30, 1968, upon ratification of the Paris Convention by the U.S. Senate (114 Cong. Rec. 11012). Federal participation in a recognized international exposition requires a specific authorization by the Congress, upon a finding by the President that such participation would be in the national interest. The Act provides for the transmission
PART 667_OFFICIAL U.S. GOVERN
MENT RECOGNITION OF AND PAR-
STATES Sec. 667.1 Background and purpose. 667.2 Definitions. 667.3 Application for Federal recognition. 667.4 Action on application. 667.5 Report of the Secretary on Federal
recognition. 667.6 Statement for Federal participation. 667.7 Proposed plan for Federal participa
tion. 667.8 Report of the Secretary on Federal
participation. AUTHORITY: The provisions of this Part 657 are issued pursuant to Public Law 91–269 (84 Stat. 271); Department of Commerce Organization Order 40–1A.
SOURCE: The provisions of this part 667 appear at 36 F.R. 5035, Mar. 17, 1971, unless otherwise noted. § 667.1 Background and purpose.
The regulations in this part are issued under the authority of Public Law 91--269 (84 Stat. 271), which establishes an orderly procedure for Federal Government recognition of, and participation in, international expositions to be held in the United States. The Act provides, inter alia, that Federal recognition of an exposition is to be granted upon a finding by the President that such recognition will be in the national interest. In making this finding, the President is directed to consider, among other factors, a report from the Secretary of Commerce as to the purposes and reasons for an exposition and the extent of financial and other
1 The BIE defines a General Exposition of the First Category as an exposition dealing with progress achieved in a particular field applying to several branches of human activity at which the invited countries are obliged to construct national pavilions. A general Exposition of the Second Category is a similar exposition at which invited countries are not authorized to construct national pavilions, but occupy space provided by the exposition sponsors. Special Category Expositions are those dealing only with one particular technique, raw material, or basic need. The BIE frequency rules require that an interval of 15 years must elapse between General Expositions of the First Category held in the same country, and an interval of 10 years must elapse between General Expositions of the Second Category held in that country. As for Special Category Expositions an interval of 5 years must ordinarily elapse between Special Category Expositions of the same kind, or 3 months between Special Category Expositions of different kinds. These frequency intervals are computed from the date of the opening of the exposition. More detailed BIE classification and criteria and regulations are contained in the Paris Convention of 1928, as amended in 1948 and 1966. Applicants not having a copy of the text of this convention may obtain one by writing the Director.
to Congress of a participation proposal 2. Exhibit No. 2. An exposition plan setby the President. This proposal transmits
ting forth in detail (1) the theme of the exto the Congress information regarding
position and the "storyline" around which
the entire exposition is to be developed; the exposition, including a statement
(11) whatever preliminary architectural and that it has been registered by the BIE
design plans are available on the physical and a plan for Federal participation pre- layout of the site plus existing and projected pared by the Secretary of Commerce in structures; (iii) the type of participation cooperation with other interested Fed- proposed in the exposition (e.g., foreign and eral departments and agencies.
domestic exhibits); (iv) cultural, sports,
and special events planned; (v) the pro$ 667.2 Definitions.
posed BIE category of the event and evi
dence of its conformity to the regulations of For the purposes of this part, except
the BIE, a copy of which can be obtained where the context requires otherwise:
from the Director upon request; and (vi) the (a) "Act” means Public Law 91-269.
proposed steps that will be taken to pro(b) "Secretary” means the Secretary tect foreign exhibitors under the BIE model of Commerce.
rules and regulations. (C) "Director" means the Director, Do- 3. Exhibit No. 3. Documentary evidence of mestic Trade Fairs and Expositions Staff,
State, regional, and local support (e.g., enOffice of Business Services, Bureau of
dorsing letters to the applicant from busi
ness and civic leadership of the region, State, Domestic Commerce, Department of
and/or municipal resolutions, acts, or approCommerce, Washington, DC 20230.
priations, referendums on bond issues, and (d) “Applicant” means a State, others). County, municipality, a political subdivi- 4. Exhibit No. 4. An organization chart sion of the foregoing, private nonprofit of the proposed exposition management organizations, or individuals filing an ap
structure of the applicant, including deplication with the Director seeking
scriptions of the functions and duties of
each official position along with biblioFederal recognition of an international
graphic material on principal officers, if exposition to be held in the United States.
available. (The principal oficials should also (e) "Exposition" means an interna- be prepared to submit subsequent individual tional exposition to be held in the United statements under oath of their respective States for which an application has been financial holdings and other interests.) filed with the Director seeking Federal
5. Exhibit No. 5. A statement setting forth recognition under the Act.
in detail (1) the availability of services in
existence or projected to accommodate visi$ 667.3 Application for Federal recog- tors to the exposition (e.g., number of hotel nition.
and motel units, number and type of
restaurants, health facilities, etc.); and (ii) (a) Applications for Federal recogni
evidence of adequate transportation facilition of an exposition shall be filed with,
ties and accessibility of the host city to large and all official communications in con- groups of national and international visinection therewith addressed to, the Di- tors (e.g., number and schedule of airlines, rector, Domestic Trade Fairs and bus lines, railroads, and truck lines serving Expositions Staff, Bureau of Domestic
the host city). Commerce, Department of Commerce,
6. Exhibit No. 6. A statement setting forth Washington, DC 20230.
in detail the applicant's plans for acquir
ing title to, or the right to occupy and use (b) Every application, exhibit, or en
real property, other than that owned by the closure, except where specifically waived applicant or by the United States, essential by the Director, shall be in quadruplicate for implementing the project or projects duly authenticated and referenced.
covered by the application. If the applicant, (c) Every application shall be in letter
at the time of filing the application has acform and shall contain the date, address,
quired title to the real property he should and official designation of the applicant
submit a certified copy of the deed (s). I
the applicant, at the time of filing the appliand shall be signed by an authorized of- cation, has by easement, lease, franchise, or ficer or individual.
otherwise acquired the right to occupy and (d) Every application, except where
use real property owned by others, he should
submit a certified copy of the appropriate specifically waived by the Director, shall
legal instrument(s) evidencing this right, be accompanied by the following
7. Exhibit No. 7. A statement of the latest exhibits:
prevailing hourly wage rates for construc1. Exhibit No. 1. study setting forth in
tion workers in the host city (e.g., carpendetail the purposes for the exposition, in
ters, cement masons, sheet metal workers, cluding any historical, geographic, or other etc.). significance of the host city, State, or re
8. Exhibit No. 8. Information on attitudes gion related to the exposition.
of labor leaders as to "no strike” agreements
during the development and operation of the exposition.
9. Erhibit No. 9. A statement setting forth in detail (i) proposed capital investment costs and sources of financing available to meet these costs, including but not limited to funds from State and municipal financing, bond issues, and other public or private sources; (11) projected expenses for managing the exposition; (iii) projected operational revenues broken down to include admissions, space rental, concessions, service fees and miscellaneous income; and (iv) cost benefit projections.
10. Exhibit No. 10. A description of the exposition implementation time schedule and the management control system to be utilized to implement the time schedule (e.g., PERT, CPM, etc.).
11. Exhibit No. 11. A statement setting forth in detail the public relations, publicity and other promotional plans of the applicant. For example the statement could include: (i) An outline of the public relations/publicity program broken down by percentage allocations among the various media; (ii) public relations/publicity program budget with the various calendar target dates for completion of phases prior to the opening, the opening and post opening of the exposition; and (iii) protocol plans for United States and foreign dignitaries, as well as for special ceremonies and events and how these plans are to be financed.
12. Exhibit No. 12. A study setting forth in detail the economic benefits of the exposition and residual use plans for the area comprising the exposition. For example, the study might include: (i) Extent of immediate economic benefits for the city/region/ nation in proportion to total investment in the exposition; (ii) extent of long-range economic benefits for the city/region/nation in proportion to total investment in the exposition; and (iii) extent of intangible (social, psychological, "good-will") benefits accruing to the city/region/nation including the solution or amelioration of any national/local problems. $ 667.4 Action on application.
(a) Upon receipt of an application, the Director will investigate the application and accompanying exhibits for compliance with the provisions of $ 667.3 and report his findings with respect thereto to the Secretary.
(b) In conducting his investigation the Director may hold a public hearing with the objective of clarifying issues that might have been raised by the application. If desired the Director may require the services of an examiner.
(c) If the Director, in his discretion, decides to hold a public hearing, notice of such hearing shall be published in the FEDERAL REGISTER, and a copy of the notice shall be furnished to local news
papers. The notice should state the subject to be considered and when and where the hearing will be held, specifically designating the date, hour, and place.
(d) The following general procedure shall govern the conduct of public hearings: (1) Minutes of the proceedings shall be made, and when advisable shall be taken stenographically; (2) The names and addresses of all parties present or represented at the hearing shall be recorded; and (3) The Director or examiner should read aloud such parts of the Act and of these regulations as bear on the application. He should also read such other important papers, or extracts therefrom, as may be necessary for a full understanding of the issues needed to be clarified. The Director or examiner should impress upon those parties in attendance at the public hearing, and shall specifically state at the commencement of the hearing, that the hearing is not adversary in nature and that the sole objective thereof is to clarify issues that might have been raised by the application.
(e) Within 6 months after receipt of a fully completed application and/or the adjournment of the public hearing, the Director shall submit his report containing his findings on the application to the Secretary. 8 667.5 Report of the Secretary on Fed
eral recognition. The Secretary, within a reasonable time after receipt of the report of the Director, shall submit a report to the President. The Secretary's report shall include: (a) An evaluation of the purposes and reasons for the exposition; and (b) a determination as to whether guaranteed financial and other support has been secured by the exposition from affected State and local governments and from business and civic leaders of the region and others in amounts sufficient to assure the successful development and progress of the exposition. $ 667.6 Statement for Federal partici.
pation. If Federal participation in the exposition, as well as Federal recognition thereof is desired, the applicant shall in a statement to the Director outline the nature of the Federal participation envisioned, including whether construction of a Federal pavilion is contemplated. (It should be noted, however, that before
Federal participation can be considered under the Act, the exposition must have (a) met the criteria for Federal recognition and be so recognized, and (b) been registered by the BIE. Accordingly, applicants need not submit such a statement until these prerequisites are satisfied.) Where the Federal participation desired includes the construction of a pavilion, the statement shall be accompanied by the following exhibits:
1. Exhibit No. 1. A survey drawing of the proposed Federal pavilion site, showing its area and boundaries, its grade elevations, and surface and subsoil condition.
2. Exhibit No. 2. An unexecuted deed evidencing the applicant's ability to convey the real property comprising the proposed Federal pavilion site in fee-simple and free of liens and other encumbrances.
3. Exhibit No. 3. A certified copy of the building code which would be applicable should a pavilion be constructed.
4. Exhibit No. 4. An engineering drawing showing the accessibility of the proposed pavilion site to utilities (e.g., sewerage, water, gas, electricity, etc.).
5. Exhibit No. 5. A statement setting forth the security and maintenance arrangements which the applicant would undertake (and an estimate of their cost) while a pavilion is under construction. $ 667.7 Proposed plan for Federal par
ticipation. (a) Upon receipt of the statement, and where applicable the exhibits referred to in § 667.6, the Director shall prepare a proposed plan in cooperation with other interested departments and agencies of the Federal Government for Federal participation in the exposition.
(b) In preparing the proposed plan for Federal participation in the exposition the Director may conduct a feasibility study of Federal participation and cost estimates by utilizing the services within the Federal Government and private professional consultants required.
(c) The Director, in the proposed plan for Federal participation in the exposition, shall determine whether or not a Federal pavilion should be constructed and, if so, whether or not the Government would have need for a permanent structure in the area of the exposition.
(d) The Director shall seek the advice of the Administrator of the General Services Administration to the extent necessary in carrying out the proposed plan for Federal participation in the exposition.
(e) Upon completion of the proposed plan for Federal participation in the exposition, the Director shall submit the plan to the Secretary. § 667.8 Report of the Secretary on Fed
eral participation. Upon receipt of the Director's proposed plan for Federal participation the Secretary, within a reasonable time, shall submit a report to the President including: (a) Evidence that the exposition has met the criteria for Federal recognition and has been so recognized; (b) a statement that the exposition has been registered by the BIE; and (c) the proposed plan for the Federal participation referred to in § 667.7.
CHAPTER VIII—OFFICE OF BUSINESS ECONOMICS,
DEPARTMENT OF COMMERCE
Annual reporting of revenues for carrying imports to, and expenditures in,
the United States of shipping and air transport operators of foreign
nationality. Reports on foreign investment and on international receipts and payments
of royalties and fees.
PART 802-ANNUAL REPORTING OF under this part, accept consolidated re
REVENUES FOR CARRYING IM- ports from foreign governments covering PORTS TO, AND EXPENDITURES IN,
the operations of their national shipping
concerns when, in its discretion, such THE UNITED STATES OF SHIPPING
consolidated reports would provide the AND AIR TRANSPORT OPERATORS
information required by this part. OF FOREIGN NATIONALITY
Where such reports are accepted, the in
dividual reports from operators or their Sec. 802.1 who must report.
agents will not be required. 802.2 Forms to be used.
(b) The foreign operator, for pur802.3 Information to be furnished.
poses of this part, means the owner, 802.4 Time and place of filing reports. managing or operating owner, chartered
AUTHORITY: The provisions of this part 802 owner, or subchartered owner who enIssued under R.S. 161; 5 U.S.C. 301. Interpret ters into and carries out any form of or apply sec. 8, 59 Stat. 515; 22 U.S.C. 2861,
transportation contract with the shipE.O. 10033, 14 F.R. 561, 3 CFR, 1949 Supp.
pers of merchandise or with passengers. SOURCE: The provisions of this Part 802 (c) If foreign-owned vessels or airappear at 17 F.R. 4922, May 30, 1952, unless
craft are chartered to other foreign otherwise noted. Redesignated at 18 F.R. 8111, Dec. 10, 1953.
operators, the owner should report his
expenses in the United States, if any, and $ 802.1 Who must report.
the operator should report the freight or (a) (1) A report is required from or on charter revenue earned from the shipbehalf of every foreign individual or pers of merchandise and his expenses in organization incorporated, licensed or
the United States. otherwise granted permission in coun
(d) If foreign-owned vessels or airtries other than the United States to
craft are chartered to a United States operate vessels or aircraft if engaged in
operator, the owner should report his excarrying goods or passengers to or from the United States. Agents or operating
penses in the United States, if any.
(e) Reports submitted by agents agents must respond where acting for foreign operators, unless the operator
should include all disbursements acco has his own office in the United States to counted for directly by them to the forwhich the agent is accountable or unless eign company at its foreign ofice; if subthe operator elects to report directly agents report through a principal agent from his home office.
in the same or another location, the (2) The Department of Commerce principal agent should file a consolidated may in lieu of individual reports required report on behalf of the foreign company.