Determination Regarding Waiver of Discriminatory Purchasing Requirements With Respect to Goods and Services Covered by Chapter 9 of the United States-Bahrain Free Trade Agreement, 44722-44723 [E6-12792]

Download as PDF sroberts on PROD1PC70 with NOTICES 44722 Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Notices financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor’s/petitioner’s interest. The petition must also identify the specific contentions which the petitioner/ requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)–(viii). A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff; (3) e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, VerDate Aug<31>2005 17:19 Aug 04, 2006 Jkt 208001 HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415–1101, verification number is (301) 415–1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to Jonathan Rogoff, Esquire, Vice President, Counsel & Secretary, Nuclear Management Company, LLC, 700 First Street, Hudson, WI 54016, attorney for the licensee. If a request for a hearing is received, the Commission’s staff may issue the amendment after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92. For further details with respect to this action, see the application for amendment dated March 20, 2006, which is available for public inspection at the Commission’s PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, http:// www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1–800– 397–4209, or 301–415–4737, or by email to pdr@nrc.gov. Dated at Rockville, Maryland, this 27th day of July 2006. For the Nuclear Regulatory Commission. Peter S. Tam, Acting Project Manager, Plant Licensing Branch III–1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6–12724 Filed 8–4–06; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Determination Regarding Waiver of Discriminatory Purchasing Requirements With Respect to Goods and Services Covered by Chapter 9 of the United States-Bahrain Free Trade Agreement Office of the United States Trade Representative. ACTION: Determination under Trade Agreements Act of 1979. AGENCY: EFFECTIVE DATES: August 7, 2006. Jean Heilman Grier, Senior Procurement Negotiator, Office of the United States Trade Representative, (202) 395–9476, or Jason Kearns, Associate General Counsel, Office of the United States Trade Representative, (202) 395–9439. On September 14, 2004, the United States and Bahrain entered into the United States-Bahrain Free Trade Agreement (‘‘Bahrain FTA’’). Chapter 9 of the Bahrain FTA sets forth certain obligations with respect to government procurement of goods and services, as specified in Annexes 9–A–1 and 9–A– 2 of the Bahrain FTA. On January 11, 2006, the President signed into law the United States-Bahrain Free Trade Agreement Implementation Act (‘‘the Bahrain FTA Act’’) (Pub. L. 109–169, 119 Stat. 3581) (19 U.S.C. 3805 note). In section 101(a) of the Bahrain FTA Act, the Congress approved the Bahrain FTA. The Bahrain FTA entered into force on August 1, 2006. Section 1–201 of Executive Order 12260 of December 31, 1980 (46 FR 1653) delegates the functions of the President under Sections 301 and 302 of the Trade Agreements Act of 1979 (‘‘the Trade Agreements Act’’) (19 U.S.C. 2511, 2512) to the United States Trade Representative. Now, therefore, I, Susan C. Schwab, United States Trade Representative, in conformity with the provisions of Sections 301 and 302 of the Trade Agreements Act, and Executive Order 12260, and in order to carry out U.S. obligations under Chapter 9 of the Bahrain FTA, do hereby determine that: 1. Bahrain is a country, other than a major industrialized country, which, pursuant to the Bahrain FTA, will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products. In accordance with Section 301(b)(3) of the Trade Agreements Act, Bahrain is so designated for purposes of Section 301(a) of the Trade Agreements Act. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\07AUN1.SGM 07AUN1 Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Notices 2. With respect to eligible products of Bahrain (i.e., goods and services covered by the Schedules of the United States in Annexes 9–A–1 and 9–A–2 of the Bahrain FTA) and suppliers of such products, the application of any law, regulation, procedure, or practice regarding government procurement that would, if applied to such products and suppliers, result in treatment less favorable than accorded— (A) To United States products and suppliers of such products; or (B) To eligible products of another foreign country or instrumentality which is a party to the Agreement on Government Procurement referred to in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, shall be waived. With respect to Bahrain, this waiver shall be applied by all entities listed in the Schedules of the United States in Annex 9–A–1 and in List A of Annex 9– A–2 of the Bahrain FTA. 3. The designation in paragraph 1 and the waiver in paragraph 2 are subject to modification or withdrawal by the United States Trade Representative. Susan C. Schwab, United States Trade Representative. [FR Doc. E6–12792 Filed 8–4–06; 8:45 am] BILLING CODE 3190–W6–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS345] WTO Dispute Settlement Proceeding Regarding United States—Customs Bond Directive for Merchandise Subject to Anti-Dumping/ Countervailing Duties Office of the United States Trade Representative. ACTION: Notice; request for comments. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: The Office of the United States Trade Representative (‘‘USTR’’) is providing notice that on June 6, 2006, India requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) concerning certain issues relating to Customs Bond Directive 99–3510–004, as amended by the Amendment to Bond Directive 99–3510–004 (July 9, 2004), and clarifications and amendments thereof. That request may be found at http://www.wto.org contained in a document designated as WT/DS345/1. USTR invites written comments from the public concerning the issues raised in this dispute. VerDate Aug<31>2005 17:19 Aug 04, 2006 Jkt 208001 Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before August 18, 2006 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to FR0624@ustr.eop.gov, Attn: ‘‘India Bond Dispute (DS345)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395–3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. FOR FURTHER INFORMATION CONTACT: Elissa Alben, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395–9622. SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations have been requested pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’). If such consultations should fail to resolve the matter and a dispute settlement panel is established pursuant to the DSU, such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within six to nine months after it is established. DATES: Major Issues Raised by India On August 4, 2004, the Department of Commerce published in the Federal Register notice of its affirmative preliminary less-than-fair-value (‘‘LTFV’’) determination in an investigation concerning certain frozen and canned warm water shrimp from India (69 FR 47,111). On December 23, 2004, the Department of Commerce published notice of its affirmative final LTFV determination (69 FR 76,916), and on February 1, 2005, the Department of Commerce published an amended final LTFV determination, along with an antidumping duty order, covering only certain frozen warm water shrimp from India (70 FR 5147). The latter notice contains the final margins of LTFV sales, as provided in section 733 of the Tariff Act of 1930, as amended. In its request for consultations, India alleges that the United States has imposed on importers a requirement to maintain a continuous entry bond in the amount of the anti-dumping duty margin multiplied by the value of imports of frozen warmwater shrimp imported by the importer in the preceding year, and that Customs Bond Directive 99–3510–004, as amended on July 9, 2004 (and any clarifications and amendments thereof) as such constitutes PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 44723 specific action against dumping and subsidization not in accordance with GATT 1994 Article VI:2 and 3, as well as Articles 1, and 18.1 of the AD Agreement and Articles 10 and 32.1 of the Subsidies Agreement, that it results in charges in excess of the margin of dumping or amount of subsidy that are not in accordance with GATT 1994 Articles VI:2 and VI:3, and that it is unreasonable as security for payment of antidumping and countervailing duties and therefore inconsistent with Note Ad paragraphs 2 and 3 of GATT 1994 Article VI. India further alleges that the continuous bond requirement as such is inconsistent with Articles 7.1, 7.2, 7.4, and 7.5 of the AD Agreement and Articles 17.1, 17.2, 17.4, and 17.5 of the Subsidies Agreement to the extent that it may be characterized as a provisional measure or is applied prior to the imposition of definitive antidumping duties, and that it is inconsistent with Articles 9.2 and 9.3 of the AD Agreement and Articles 19.3 and 19.4 of the Subsidies Agreement. India further states that because the amended directive was not published in the Federal Register or the Customs Bulletin of the United States, it is inconsistent with GATT 1994 Article X, AD Agreement Article 18.5, and Subsidies Agreement Article 32.5. India alleges that the measure as such is inconsistent with GATT 1994 Article I and II as a charge in excess of that imposed or mandatorily required by legislation on the date of entry into force of the GATT, and that it is inconsistent with GATT 1994 Article XI as a restriction other than a duty, tax or other charge and GATT 1994 Article XIII to the extent it is applied in a discriminatory manner. India also states that the application of the continuous bond requirement to imports of frozen warmwater shrimp from India is inconsistent with Articles I, II, VI:2 (including Note 1 Ad Paragraphs 2 and 3 of Article VI) XI, and XIII of the GATT, and Articles 1, 7.1, 7.2, 7.4, 7.5, 9.2, 9.3, 9.3.1 and 18.1 of the AD Agreement. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit their comments either (i) electronically, to FR0624@ustr.eop.gov, Attn: ‘‘India Bond Dispute (DS345)’’ in the subject line, or (ii) by fax to Sandy McKinzy at (202) 395–3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Notices]
[Pages 44722-44723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12792]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services Covered by Chapter 9 of 
the United States-Bahrain Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Determination under Trade Agreements Act of 1979.

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EFFECTIVE DATES: August 7, 2006.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476, or Jason Kearns, Associate General Counsel, Office of the 
United States Trade Representative, (202) 395-9439.
    On September 14, 2004, the United States and Bahrain entered into 
the United States-Bahrain Free Trade Agreement (``Bahrain FTA''). 
Chapter 9 of the Bahrain FTA sets forth certain obligations with 
respect to government procurement of goods and services, as specified 
in Annexes 9-A-1 and 9-A-2 of the Bahrain FTA. On January 11, 2006, the 
President signed into law the United States-Bahrain Free Trade 
Agreement Implementation Act (``the Bahrain FTA Act'') (Pub. L. 109-
169, 119 Stat. 3581) (19 U.S.C. 3805 note). In section 101(a) of the 
Bahrain FTA Act, the Congress approved the Bahrain FTA. The Bahrain FTA 
entered into force on August 1, 2006.
    Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 
1653) delegates the functions of the President under Sections 301 and 
302 of the Trade Agreements Act of 1979 (``the Trade Agreements Act'') 
(19 U.S.C. 2511, 2512) to the United States Trade Representative.
    Now, therefore, I, Susan C. Schwab, United States Trade 
Representative, in conformity with the provisions of Sections 301 and 
302 of the Trade Agreements Act, and Executive Order 12260, and in 
order to carry out U.S. obligations under Chapter 9 of the Bahrain FTA, 
do hereby determine that:
    1. Bahrain is a country, other than a major industrialized country, 
which, pursuant to the Bahrain FTA, will provide appropriate reciprocal 
competitive government procurement opportunities to United States 
products and suppliers of such products. In accordance with Section 
301(b)(3) of the Trade Agreements Act, Bahrain is so designated for 
purposes of Section 301(a) of the Trade Agreements Act.

[[Page 44723]]

    2. With respect to eligible products of Bahrain (i.e., goods and 
services covered by the Schedules of the United States in Annexes 9-A-1 
and 9-A-2 of the Bahrain FTA) and suppliers of such products, the 
application of any law, regulation, procedure, or practice regarding 
government procurement that would, if applied to such products and 
suppliers, result in treatment less favorable than accorded--
    (A) To United States products and suppliers of such products; or
    (B) To eligible products of another foreign country or 
instrumentality which is a party to the Agreement on Government 
Procurement referred to in section 101(d)(17) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, 
shall be waived.
    With respect to Bahrain, this waiver shall be applied by all 
entities listed in the Schedules of the United States in Annex 9-A-1 
and in List A of Annex 9-A-2 of the Bahrain FTA.
    3. The designation in paragraph 1 and the waiver in paragraph 2 are 
subject to modification or withdrawal by the United States Trade 
Representative.

Susan C. Schwab,
United States Trade Representative.
[FR Doc. E6-12792 Filed 8-4-06; 8:45 am]
BILLING CODE 3190-W6-P