Petition Under Section 301 on Israel's Protection of Intellectual Property Rights; Decision Not To Initiate Investigation, 31789 [E9-15608]
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Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices
Dated: June 24, 2009.
James Steinberg,
Deputy Secretary of State, Department of
State.
[FR Doc. E9–15666 Filed 7–1–09; 8:45 am]
BILLING CODE 4710–10–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Petition Under Section 301 on Israel’s
Protection of Intellectual Property
Rights; Decision Not To Initiate
Investigation
AGENCY: Office of the United States
Trade Representative.
ACTION: Decision not to initiate
investigation.
SUMMARY: The United States Trade
Representative (USTR) has determined
not to initiate an investigation under
section 301 of the Trade Act of 1974
with respect to a petition alleging that
the Government of Israel has breached
obligations under the WTO Agreement
to protect intellectual property rights
(IPR).
DATES:
Effective Date: June 25, 2009.
FOR FURTHER INFORMATION CONTACT:
Jennifer Choe Groves, Senior Director
for Intellectual Property and Innovation
and Chair of the Special 301 Committee,
(202) 395–4510; or William Busis,
Associate General Counsel and Chair of
the Section 301 Committee, (202) 395–
3150.
SUPPLEMENTARY INFORMATION: On May
13, 2009, the Institute for Research:
Middle Eastern Policy (IRMEP) filed a
petition pursuant to section 302 of the
Trade Act of 1974, as amended (the
Trade Act)(19 U.S.C. 2412), alleging that
acts, policies and practices of the
Government of Israel are inconsistent
with the obligations of Israel under
Article 39 of the Agreement on TradeRelated Aspects of Intellectual Property
Rights (TRIPS Agreement), among other
allegations. The petition presents five
separate ‘‘complaints’’ involving: (1)
Access to a 1985 classified report
relating to the negotiation of the U.S.Israel FTA; (2) military-industrial
espionage; (3) intellectual property
rights of U.S. pharmaceutical firms; (4)
the use of the proceeds from diamond
exports; and (5) the conduct of proIsrael lobbyists. The petition alleges that
the bilateral U.S.-Israel trade deficit
results from the matters complained of
in the petition, and that the bilateral
trade deficit results in the loss of U.S.
jobs. The petition requests the Trade
Representative to ‘‘immediately suspend
the U.S.-Israel FTA until such time as
VerDate Nov<24>2008
15:35 Jul 01, 2009
Jkt 217001
IRMEP’s complaints are addressed and
Israel has provided damages for past
violations of IP rights.’’
The Trade Representative has decided
not to initiate an investigation regarding
the petition on three separate grounds.
First, IRMEP—which describes itself as
an organization involved in Middle
Eastern policy formulation—fails to
allege the ‘‘significant interest’’
necessary to have standing to file a
petition addressed to an alleged denial
of U.S. IP rights. Second, the initiation
of a Section 301 investigation in
response to the petition would not be an
effective means to address the matters
raised in the petition. Most of the
matters raised in the petition are
unconnected to the alleged breach of
Article 39 of the TRIPS Agreement.
And, to the extent the petition does
describe any TRIPS Agreement issues,
those issues would be addressed more
effectively through the established
Special 301 process and the on-going
Out-of-Cycle Review of Israel’s IPR
protection (see pp.19–20 of the 2009
Special 301 Report at https://
www.ustr.gov for a description of the
Out-of-Cycle Review of Israel). Third,
the petition seeks a form of relief—the
immediate suspension of the US–Israel
FTA without any form of investigation
or dispute settlement—not provided for
under the Section 301 statute.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E9–15608 Filed 7–1–09; 8:45 am]
BILLING CODE 3190–W9–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–290 (Sub-No. 309X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in Blount
County, TN
Norfolk Southern Railway Company
(NSR) has filed a verified notice of
exemption under 49 CFR Part 1152
Subpart F—Exempt Abandonments to
abandon a 0.66-mile line of railroad
between mileposts 15.50–KA and
16.16–KA in Maryville, Blount County,
TN. The line traverses United States
Postal Service Zip Code 37804.
NSR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) any overhead traffic
can be rerouted over other lines; (3) no
formal complaint filed by a user of rail
service on the line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
31789
over the line either is pending with the
Surface Transportation Board (Board) or
with any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental report), 49 CFR 1105.8
(historic report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an OFA has been received,
this exemption will be effective on
August 1, 2009, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by July 13,
2009. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by July 22, 2009,
with the Surface Transportation Board,
395 E Street, SW., Washington, DC
20423–0001.
A copy of any petition filed with the
Board should be sent to NSR’s
representative: James R. Paschall, Three
Commercial Place, Norfolk, VA 23510.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
NSR has filed environmental and
historic reports that address the effects,
if any, of the abandonment on the
environment and historic resources.
SEA will issue an environmental
assessment (EA) by July 7, 2009.
Interested persons may obtain a copy of
the EA by writing to SEA (Room 1100,
Surface Transportation Board,
Washington, DC 20423–0001) or by
calling SEA, at (202) 245–0305.
Assistance for the hearing impaired is
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,500. See 49 CFR
1002.2(f)(25).
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Notices]
[Page 31789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15608]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Petition Under Section 301 on Israel's Protection of Intellectual
Property Rights; Decision Not To Initiate Investigation
AGENCY: Office of the United States Trade Representative.
ACTION: Decision not to initiate investigation.
-----------------------------------------------------------------------
SUMMARY: The United States Trade Representative (USTR) has determined
not to initiate an investigation under section 301 of the Trade Act of
1974 with respect to a petition alleging that the Government of Israel
has breached obligations under the WTO Agreement to protect
intellectual property rights (IPR).
DATES: Effective Date: June 25, 2009.
FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Senior Director
for Intellectual Property and Innovation and Chair of the Special 301
Committee, (202) 395-4510; or William Busis, Associate General Counsel
and Chair of the Section 301 Committee, (202) 395-3150.
SUPPLEMENTARY INFORMATION: On May 13, 2009, the Institute for Research:
Middle Eastern Policy (IRMEP) filed a petition pursuant to section 302
of the Trade Act of 1974, as amended (the Trade Act)(19 U.S.C. 2412),
alleging that acts, policies and practices of the Government of Israel
are inconsistent with the obligations of Israel under Article 39 of the
Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS Agreement), among other allegations. The petition presents five
separate ``complaints'' involving: (1) Access to a 1985 classified
report relating to the negotiation of the U.S.-Israel FTA; (2)
military-industrial espionage; (3) intellectual property rights of U.S.
pharmaceutical firms; (4) the use of the proceeds from diamond exports;
and (5) the conduct of pro-Israel lobbyists. The petition alleges that
the bilateral U.S.-Israel trade deficit results from the matters
complained of in the petition, and that the bilateral trade deficit
results in the loss of U.S. jobs. The petition requests the Trade
Representative to ``immediately suspend the U.S.-Israel FTA until such
time as IRMEP's complaints are addressed and Israel has provided
damages for past violations of IP rights.''
The Trade Representative has decided not to initiate an
investigation regarding the petition on three separate grounds. First,
IRMEP--which describes itself as an organization involved in Middle
Eastern policy formulation--fails to allege the ``significant
interest'' necessary to have standing to file a petition addressed to
an alleged denial of U.S. IP rights. Second, the initiation of a
Section 301 investigation in response to the petition would not be an
effective means to address the matters raised in the petition. Most of
the matters raised in the petition are unconnected to the alleged
breach of Article 39 of the TRIPS Agreement. And, to the extent the
petition does describe any TRIPS Agreement issues, those issues would
be addressed more effectively through the established Special 301
process and the on-going Out-of-Cycle Review of Israel's IPR protection
(see pp.19-20 of the 2009 Special 301 Report at https://www.ustr.gov for
a description of the Out-of-Cycle Review of Israel). Third, the
petition seeks a form of relief--the immediate suspension of the US-
Israel FTA without any form of investigation or dispute settlement--not
provided for under the Section 301 statute.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E9-15608 Filed 7-1-09; 8:45 am]
BILLING CODE 3190-W9-P
