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and special events planned; (v) the proposed BIE category of the event and evidence of its conformity to the regulations of the BIE, a copy of which can be obtained from the Director upon request; and (vi) the proposed steps that will be taken to protect foreign exhibitors under the BIE model rules and regulations.

3. Exhibit No. 3. Documentary evidence of State, regional, and local support (e.g., endorsing letters to the applicant from business and civic leadership of the region, State, and/or municipal resolutions, acts, or appropriations, referendums on bond issues, and others).

4. Exhibit No. 4. An organization chart of the proposed exposition management structure of the applicant, including descriptions of the functions and duties of each official position along with bibliographic material on principal officers, 11 available. (The principal oficials should also be prepared to submit subsequent individual statements under oath of their respective financial holdings and other interests.)

5. Exhibit No. 5. A statement setting forth in detail (1) the availability of services in existence or projected to accommodate visitors to the exposition (e.g., number of hotel and motel units, number and type of restaurants, health facilities, etc.); and (11) evidence of adequate transportation facilities and accessibility of the host city to large groups of national and international visitors (e.g., number and schedule of airlines, bus lines, railroads, and truck lines serving the host city).

6. Exhibit No. 6. A statement setting forth in detail the applicant's plans for acquiring title to, or the right to occupy and use real property, other than that owned by the applicant or by the United States, essential for implementing the project or projects covered by the application. If the applicant, at the time of filing the application has acquired title to the real property he should submit a certified copy of the deed (s). If the applicant, at the time of filing the application, has by easement, lease, franchise, or otherwise acquired the right to occupy and use real property owned by others, he should submit a certified copy of the appropriate legal instrument(s) evidencing this right.

7. Exhibit No. 7. A statement of the latest prevailing hourly wage rates for construction workers in the host city (e.g., carpenters, cement masons, sheet metal workers, etc.).

8. Exhibit No. 8. Information on attitudes of labor leaders as to "no strike" agreements during the development and operation of the exposition.

9. Exhibit 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 manag

ing the exposition; (11) 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 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: (1) Extent of immediate economic benefits for the city/region/ nation in proportion to total investment in the exposition; (u) extent of long-range economic benefits for the city/region/nation in proportion to total investment in the exposition; and (iii) extent of intangidle (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 newspapers. 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. § 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 à feasibility study of Federal participation and cost estimates by utilizing the services within the Federal Government and private professional consultants as 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 ex

position, 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 sub

mit 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 8 667.7.



Part 701

Instruments and apparatus for educational and scientific institutions.



SCIENTIFIC INSTITUTIONS Sec. 701.1 General provisions. 701.2 Definitions. 701.3 Application for duty-free entry. 701.4

Description of article. 701.5 Intended purposes. 701.6 Justification for duty-free entry. 701.7 Availability of domestic instrument. 701.8 Denial without prejudice to resub

mission, 701.9 Public notice and opportunity to

present views. 701.10 Additions to the record. 701.11 Review and findings of the Depart

ment of Commerce. 701.12 Appeal.

AUTHORITY: The provisions of this part 701 issued under the Educational, Scientific, and Cultural Materials Importation Act of 1966 (80 Stat. 897; 19 U.S.C. 1202), and Department of Commerce Organization Order 10–3 of February 14, 1971 (36 F.R. 4553).

SOURCE: The provisions of this part 701 appear at 37 F.R. 3892, Feb. 24, 1972, unless otherwise noted. $701.1 General provisions.

(a) The purpose of this part is to set forth regulations relating to the responsibilities vested in the Secretary of Commerce under the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Public Law 89–651; 80 Stat. 897; see particularly section 6(c) thereof and headnote 6(f) to part 4 of Schedule 8, Tariff Schedules of the United States, 19 U.S.C. 1202 as added by said section

6(c)). The Act provides, inter alia, that any nonprofit institution (whether public or private) established for educational or scientific purposes may obtain duty-free treatment of certain instruments and apparatus entered for its use, if the Secretary of Commerce determines that no instrument or apparatus of equivalent scientific value to such article, for the purposes for which the instrument or apparatus is intended to be used, is being manufactured in the United States. The responsibilities of the Secretary of Commerce under the Act have been delegated to the Assistant Secretary for Domestic and International Business of the Department of Commerce, with power of redelegation, by Department of Commerce Organization Order 10–3 of February 14, 1971.

(b) All references in this part to items, headnotes, schedules or parts, unless otherwise indicated, are references to items, headnotes, schedules or parts of the Tariff Schedules of the United States (19 U.S.C. 1202).

(c) Applications for duty-free entry of foreign instruments, and comments submitted in accordance with $ 701.9, shall be written, typed or printed, in the English language and shall be legible. Copies of relevant documents, such as manufacturers' specifications, advertisements for bids, correspondence relating to availability of instruments or apparatus or the like, should be made a part of an application or comments, and be fully identified. Each copy should be permanent and legible, and shall be attached as part of the response to the question to which it relates. A document in a for

137 F.R. 3892, Feb. 24, 1972.

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