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If the preliminary determination is to find equivalency, the
Assistant Attorney General, under Sec. 36.605, will inform the
submitting official in writing of the preliminary determination and
publish a notice in the Federal Register informing the public of the
preliminary determination and inviting comment for 60 days. (This time
period has been increased from 30 days in light of public comment
pointing out the need for more time within which to evaluate the code.)
After considering the information received in response to the comments,
the Department will hold an hearing in Washington. This hearing will not
be subject to the formal requirements of the Administrative Procedure
Act. In fact, this requirement could be satisfied by a meeting with
interested parties. After the hearing, the Assistant Attorney General's
office will consult again with the ATBCB and make a final determination
of equivalency or a final determination to deny the request for
certification, with a notice of the determination published in the
Federal Register.
(Just notes)