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]
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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,
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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, https://
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]
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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
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:
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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
https://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.
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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
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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.
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[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
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