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(5) As soon as practicable following the conclusion of the proceedings described in subparagraphs (3) and (4) of this paragraph, and upon consideration of all relevant information, the Secretary shall either publish a final determination that the voluntary product standard is not being observed, or he shall publish a notice withdrawing his proposed determination under subparagraph (2) of this paragraph. In no event shall the withdrawal of a proposed determination operate to preclude the initiation of another inquiry regarding the same standard under subparagraph (1) of this paragraph. $ 12.4 Report to the Congress.

Whenever the Secretary publishes a final determination under $ 12.3(b) (4) or 12.3(c) (5), he shall promptly report such determination to the Congress with a statement of the efforts that have been made under the voluntary standards program and his recommendation as to whether Congress should enact legislation providing regulatory authority to deal with the situation in question.

sions shall be made a part of the public record.

(3) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof shall be published at least 15 days in advance. A transcript of the hearing shall be made part of the public record.

(4) As soon as practicable following the conclusion of the proceedings described in subparagraphs (2) and (3) of this paragraph, the Secretary shall either publish a final determination that a voluntary product standard will not be published, or he shall publish a notice withdrawing his proposed determination under subparagraph (1) of this paragraph. In no event shall the withdrawal of a proposed determination operate to preclude the publication of another proposed determination under subparagraph (1) of this paragraph with respect to the same or similar subject matter.

(c) Determination that a published voluntary product standard has not been observed. (1) Whenever the Secretary has reason to believe that a voluntary product standard published under these procedures is not being observed he shall initiate an inquiry to determine such fact.

(2) If, on the basis of the information developed during the inquiry, the Secretary concludes that the voluntary product standard is not being observed, he shall publish a proposed determination to this effect. The proposed determination shall identify the particular standard involved and shall be accompanied by a concise statement of the facts upon which it is based.

(3) Within 60 days after publication of the proposed determination, any interested party may submit in writing comments, data, arguments, views, or other information relevant to the proposed determination. All written submissions shall be made a part of the public record.

(4) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof shall be published at least 15 days in advance. A transcript of the hearing shall be made part of the public record.

PART 13-PROCEDURES RELATING TO

REVIEWS BY THE SECRETARY OF

COMMERCE Sec. 13.1 Purpose. 13.2 Provisions of law. 13.3 Petition for issuance or review of a

rule. 13.4 Petition procedures. 13.5 Hearing on petition. 13.6 Notice of action taken on petition.

AUTHORITY: The provisions of this Part 13 issued under 80 Stat. 1521, 19 U.S.C. 1202, as amended.

SOURCE: The provisions of this Part 13 appear at 32 F.R. 15818, Nov. 17, 1967, unless otherwise noted. § 13.1 Purpose.

The purpose of this part is to set forth review procedures for rules of general applicability issued jointly by the Secretaries of Commerce and the Interior under Public Law 89–805, 19 U.S.C. 1202, which established a limitation on the number of watches and watch movements containing foreign components which may be imported duty-free from insular possessions of the United States. § 13.2 Provisions of law.

Title 19, U.S.C. $ 1202, as amended, provides in part that,

The Secretary of the Interior and the Secretary of Commerce, acting jointly, shall allocate on a fair and equitable basis among producers of watches and watch movements located in the Virgin Islands, Guam, and American Samoa the quotas for each calendar year

* for articles which are the product of the Virgin Islands, Guam, and American Samoa, respectively. Allocations made by the Secretaries shall be final. The Secretaries are authorized to issue such regulations as they determine necessary to carry out their duties under this paragraph. § 13.3 Petition for issuance or review of

a rule.

Any interested party has the right to petition for the issuance of a rule, or the amendment or repeal of a rule issued by the Departments of Commerce and the Interior, which is of general application to watch producers located in the insular possessions of the United States. $ 13.4 Petition procedures.

(a) All petitions shall be addressed to the two Secretaries and filed in two originals and four copies with the Business and Defense Services Administration, U.S. Department of Commerce, Washington, D.C. 20230, Attention: Scientific, Photographic and Business Equipment Division.

(b) All papers presented to the Secretaries shall bear on the cover the name and post office address of the petitioner and the name and address of the principal attorney, or authorized representa

tive (if any) for the party concerned. Such papers shall contain the following in the order here indicated:

(1) A reference to the general rule which is the subject of the petition.

(2) A concise statement of the interest of the party submitting the petition.

(3) A listing of each of the grounds relied upon by the party submitting the petition.

(4) The argument generally amplifying the material in subparagraph (3) of this paragraph and exhibiting clearly the points of law, policy and fact being presented. In cases where policy error is contended, it should be pointed out what policy of the Secretaries is alleged to be wrong, what is wrong with it and what policy the submitting party advocates as the correct one.

(5) A conclusion specifying with particularity the action which the submitting party believes the Secretaries should take. § 13.5 Hearing on petition.

The Secretaries may in their discretion schedule a hearing and may invite the participation of other interested parties when they deem it desirable. § 13.6 Notice of action taken on petition.

Prompt notice of action on a petition will be communicated to the party by registered mail, together with a statement of the grounds therefor.

36–033—70-5

Subtitle B-Regulations Relating to

Commerce and Foreign Trade

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