Free Trade Agreements; Invitation for Applications for Inclusion on Dispute Settlement Rosters for the U.S.-Chile Free Trade Agreement (“FTA”), the Dominican Republic-Central America-United States FTA, the North American FTA, and the U.S.-Peru Trade Promotion Agreement, 4607-4610 [2010-1778]
Download as PDF
<![CDATA[
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
the SSA Reports Clearance Officer to the
following addresses or fax numbers.
(OMB), Office of Management and
Budget, Attn: Desk Officer for SSA,
Fax: 202–395–6974, E-mail address:
OIRA_Submission@omb.eop.gov.
(SSA), Social Security Administration,
DCBFM, Attn: Reports Clearance
Officer, 1340 Annex Building, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–965–8783, E-mail address:
OPLM.RCO@ssa.gov.
The information collection below is
pending at SSA. SSA will submit it to
OMB within 60 days from the date of
this notice. To be sure we consider your
comments, we must receive them no
later than March 29, 2010. Individuals
can obtain copies of the collection
instrument by calling the SSA Reports
Clearance Officer or by writing to the
above e-mail address.
Centenarian Project Development
Worksheets: Face-to-Face Interview;
Telephone Interview; Third Party
Contact; Unable To Locate—20 CFR
416.204(b) and 422.135—0960–NEW.
SSA is conducting interviews with
centenary beneficiaries age 103 and
older to assess: (1) If the beneficiaries
are still living; (2) to prevent fraud,
through either identity
misrepresentation or representative
payee misuse of funds; and (3) to assess
the well-being of the beneficiaries.
SSA’s San Francisco field offices are
currently using this survey and we
intend to expand its use to all other SSA
field offices. Field office personnel
obtain the information through onetime, in-person interviews with
centenarians. During the interview, SSA
employees will make overall
observations of the centenarian and
their representative payee (if
applicable). The interviewer will use the
appropriate Centenarian Development
Worksheet as a guide for the interview
and to document findings. SSA will
conduct the interview one time only at
the beneficiary’s residence or over the
phone if a site visit is not possible.
Refusal of the interview will not result
in the suspension of the centenarian’s
payments. Respondents are
Supplemental Security Income
recipients or Social Security
beneficiaries 103 years old or older,
their representative payees, or
caregivers.
Type of Request: Existing information
collection in use without an OMB
number.
Number of Respondents: 14,000.
Frequency of Response: 1.
Average Burden per Response: 15
minutes.
Estimated Annual Burden: 3,500
hours.
VerDate Nov<24>2008
17:53 Jan 27, 2010
Jkt 220001
Dated: January 22, 2010.
Faye Lipsky,
Acting Reports Clearance Officer, Social
Security Administration.
[FR Doc. 2010–1635 Filed 1–27–10; 8:45 am]
BILLING CODE 4191–02–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Free Trade Agreements; Invitation for
Applications for Inclusion on Dispute
Settlement Rosters for the U.S.-Chile
Free Trade Agreement (‘‘FTA’’), the
Dominican Republic-Central AmericaUnited States FTA, the North American
FTA, and the U.S.-Peru Trade
Promotion Agreement
AGENCY: Office of the United States
Trade Representative (‘‘USTR’’).
ACTION: Invitation for Applications.
A number of trade agreements
to which the United States is a party call
for the parties to establish rosters of
persons available to serve on dispute
settlement panels to hear disputes under
those agreements. These agreements
include the United States-Chile Free
Trade Agreement, the Dominican
Republic-Central America-United States
Free Trade Agreement (‘‘CAFTA–DR’’),
the North American Free Trade
Agreement (‘‘NAFTA’’), and the United
States-Peru Trade Promotion
Agreement. In some instances, an
agreement will call for the
establishment of more than one roster.
For example, the CAFTA–DR requires
the establishment of four rosters of
individuals who would be available to
serve as panelists in dispute settlement
proceedings arising under that
agreement: a general roster and rosters
for disputes concerning financial
services, labor, and environment
matters. USTR is inviting interested
persons to apply to be on one or more
of these several rosters under the
various agreements.
DATES: Applications should be received
no later than March 15, 2010 to be
assured of consideration.
ADDRESSES: Applications should be
submitted electronically to https://
www.regulations.gov, docket number
USTR–2010–0007. If you are unable to
submit an application using https://
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
SUMMARY:
FOR FURTHER INFORMATION CONTACT: For
information regarding the form of the
application, contact Sandy McKinzy,
Legal Technician, USTR Office of
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
4607
Monitoring and Enforcement, at (202)
395–3582. For other inquiries, contact
´
´
Marıa L. Pagan, Associate General
Counsel, at (202) 395–7305 (for the U.S.Chile FTA and U.S.-Peru TPA), Leigh
Bacon, Associate General Counsel, at
(202) 395–5859 (for the CAFTA–DR),
and Suzanne Garner, Assistant General
Counsel, at (202) 395–9663 (for the
NAFTA).
USTR is
seeking applications from interested
persons to serve on any of the rosters
under any of the listed agreements. The
details for how to apply are provided
below as is a short description of the
rosters for each agreement. A person is
free to apply for a single roster or any
combination of rosters. Through this
Federal Register Notice, USTR will
accept applications from U.S. citizens
and nationals of other countries.
SUPPLEMENTARY INFORMATION:
Dispute Settlement Mechanism of U.S.Chile Free Trade Agreement
The Chile FTA sets out detailed
procedures for the resolution of disputes
over compliance with the obligations set
out in the agreement. Dispute settlement
involves three stages: (1) Lower level
consultations between the Parties to try
to arrive at a mutually satisfactory
resolution of the matter; (2) cabinetlevel consultations; and, (3) resort to a
neutral panel to make a determination
as to whether a Party is in compliance
with its obligations under the
agreement. The panel is composed of
three individuals chosen by the Parties.
The Chile FTA requires the
establishment of a general dispute
settlement roster from which panelists
shall normally be selected. The roster
must be comprised of at least 20
individuals, six of whom should be nonnationals of either Party. Once
established, the roster remains in effect
for a minimum of three years. See Chile
FTA, Article 22.7. The Chile FTA also
requires the establishment of three
additional rosters, one each for disputes
under the Financial Services Chapter
(Chapter Twelve), the Labor Chapter
(Chapter Eighteen), and the
Environment Chapter (Chapter
Nineteen). The financial services roster
must be comprised of up to 10
individuals, up to four of whom must be
non-nationals of either Party. See Chile
FTA, Article 12.17. The labor roster
must be comprised of up to 12
individuals, four of whom must be nonnationals of either Party. See Chile FTA,
Article 18.7. The environment roster
must be comprised of at least 12
individuals, four of whom must be nonnationals of either Party. See Chile FTA,
Article 19.7.
E:\FR\FM\28JAN1.SGM
28JAN1
4608
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
Upon each request for establishment
of a panel, potential panelists will be
requested to complete a disclosure form,
which will be used to identify possible
conflicts of interest or appearances
thereof. The disclosure form requests
information regarding financial interests
and affiliations, including information
regarding the identity of clients of the
potential panelist and, if applicable,
clients of the potential panelist’s firm.
The text of the Chile FTA can be
found through the Office of the U.S.
Trade Representative Web site (https://
www.ustr.gov/trade-agreements/freetrade-agreements).
mstockstill on DSKH9S0YB1PROD with NOTICES
Criteria for Eligibility for Qualification
as Panelist
To qualify as a panelist for the general
roster an individual must: (1) Have
expertise or experience in law,
international trade, other matters
covered by the Agreement, or the
resolution of disputes arising under
international trade agreements; (2) be
objective, reliable, and possess sound
judgment; (3) be independent of, and
not be affiliated with or take
instructions from any Party; and (4)
comply with a code of conduct.
To qualify as a panelist for the
financial services roster an individual
must have expertise or experience in
financial services law or practice, which
may include the regulation of financial
institutions, and meet the qualifications
set out in (2) through (4) above.
To qualify as a panelist for the labor
roster an individual must have expertise
or experience in labor law or its
enforcement, or in the resolution of
disputes arising under international
agreements, and meet the qualifications
set out in (2) through (4) above.
To qualify as a panelist for the
environment roster an individual must
have expertise or experience in
environmental law or its enforcement,
international trade, or the resolution of
disputes arising under international
trade agreements, and meet the
qualifications set out in (2) through (4)
above.
Dispute Settlement Under the
Dominican Republic-Central AmericaUnited States Free Trade Agreement
The CAFTA–DR is a plurilateral
agreement in force between the United
States, Costa Rica, the Dominican
Republic, El Salvador, Guatemala,
Honduras, and Nicaragua (‘‘CAFTA–DR
Parties’’). The CAFTA–DR sets out
detailed procedures for the resolution of
disputes arising under the Agreement.
Dispute settlement involves three stages:
(1) Lower level consultations between
the disputing CAFTA–DR Parties to try
VerDate Nov<24>2008
17:16 Jan 27, 2010
Jkt 220001
to arrive at a mutually satisfactory
resolution of the matter; (2) cabinetlevel consultations between the
disputing CAFTA–DR Parties; and, (3)
resort to a neutral panel to make a
determination regarding the matter at
issue between the disputing CAFTA–DR
Parties. The panel is composed of three
individuals chosen by the disputing
CAFTA–DR Parties.
The CAFTA–DR requires the
establishment of a general dispute
settlement roster from which panelists
shall normally be selected. The roster is
to be composed of up to 70 individuals,
up to 14 of whom are to be individuals
who are not a national of any CAFTA–
DR Party. Once established, the roster
remains in effect for a minimum of three
years. See CAFTA–DR Article 20.7. The
CAFTA–DR also requires the
establishment of three additional
rosters, one each for disputes arising
under Chapter Twelve (Financial
Services), Chapter Sixteen (Labor), and
Chapter Seventeen (Environment). Each
of these three rosters shall remain in
effect for a minimum of three years and
is to be composed of up to 28
individuals, up to seven of whom are to
be individuals who are not a national of
any CAFTA–DR Party. See CAFTA–DR
Articles 12.18, 16.7, and 17.11.
Upon each request for establishment
of a panel, potential panelists may be
requested to complete a disclosure form,
which could be used to identify possible
conflicts of interest or appearances
thereof. The disclosure form may
request information regarding financial
interests and affiliations, including
information regarding the identity of
clients of the potential panelist and, if
applicable, clients of the potential
panelist’s firm.
The text of the CAFTA–DR can be
found through the Office of the U.S.
Trade Representative Web site (https://
www.ustr.gov/trade-agreements/freetrade-agreements).
Criteria for Eligibility for Inclusion on
a CAFTA–DR Roster
To qualify for inclusion on the general
roster an applicant must: (1) Have
expertise or experience in law,
international trade, other matters
covered by the Agreement, or the
resolution of disputes arising under
international trade agreements; (2) be
objective, reliable, and possess sound
judgment; (3) be independent of, and
not be affiliated with or take
instructions from any CAFTA–DR Party;
and (4) comply with a code of conduct.
To qualify for inclusion on the
financial services roster an applicant
must have expertise or experience in
financial services law or practice, which
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
may include the regulation of financial
institutions, and meet the qualifications
set out in (2) through (4) above.
To qualify for inclusion on the labor
roster an applicant must have expertise
or experience in labor law or its
enforcement, international trade, or the
resolution of disputes arising under
international agreements, and meet the
qualifications set out in (2) through (4)
above.
To qualify for inclusion on the
environment roster an applicant must
have expertise or experience in
environmental law or its enforcement,
international trade, or the resolution of
disputes arising under international
trade or environmental agreements, and
meet the qualifications set out in (2)
through (4) above.
The United States seeks applications
for inclusion on the rosters from
qualified persons.
Dispute Settlement under NAFTA
Chapter Twenty
Procedures under Chapter Twenty of
the NAFTA apply to the avoidance or
settlement of most types of disputes
between the Parties arising under the
NAFTA. If the NAFTA Parties cannot
settle a dispute through consultations,
they may convene a dispute settlement
panel to consider the matter.
Chapter Twenty Roster and
Composition of Panels
Article 2009 of the NAFTA provides
for a roster of up to 30 persons to serve
on Chapter Twenty dispute settlement
panels. A separate five-member panel is
formed for each dispute. Panelists
normally are selected from the roster
(although non-roster panelists may be
selected, for instance, when a dispute
involves a matter for which a particular
expertise not reflected on the roster
would be helpful). For each case, roster
members under consideration to serve
as a panelist will be requested to
complete a disclosure form, which is
used to identify possible conflicts of
interest or appearances thereof. The
disclosure form requests information
regarding financial interests and
affiliations, including information
regarding the identity of any clients the
roster member may have and, if
applicable, clients of the roster
member’s firm.
Criteria for Eligibility for Inclusion on
Chapter Twenty Roster
Article 2009 provides that roster
members shall (1) have expertise or
experience in law, international trade,
other matters covered by the NAFTA or
the resolution of disputes arising under
trade agreements, and shall be chosen
E:\FR\FM\28JAN1.SGM
28JAN1
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
strictly on the basis of objectivity,
reliability and sound judgment; (2) be
independent of, and not be affiliated
with or take instructions from, any
Party; and (3) comply with the code of
conduct for Chapter Twenty panelists.
The text of the NAFTA can be found
through the Office of the U.S. Trade
Representative Web site (https://
www.ustr.gov/trade-agreements/freetrade-agreements).
mstockstill on DSKH9S0YB1PROD with NOTICES
Dispute Settlement under the United
States-Peru Trade Promotion
Agreement
The PTPA is a bilateral agreement in
force between the United States and
Peru (the ‘‘Parties’’). The PTPA sets out
detailed procedures for the resolution of
disputes arising under the Agreement.
Dispute settlement involves three stages:
(1) Lower level consultations between
the Parties to try to arrive at a mutually
satisfactory resolution of the matter; (2)
cabinet-level consultations between the
Parties; and, (3) resort to a neutral panel
to make a determination regarding the
matter at issue between the Parties. The
panel is composed of three individuals
chosen by the Parties.
The PTPA requires the establishment
of an indicative roster from which
panelists may be selected by lot if the
Parties have otherwise failed to appoint
panelists. The indicative roster is to be
composed of eight individuals, two of
whom are to be individuals who are not
a national of either Party. Once
established, the roster remains in effect
for a minimum of three years. See PTPA
Articles 21.7 and 21.9.
Upon each request for establishment
of a panel, potential panelists may be
requested to complete a disclosure form,
which could be used to identify possible
conflicts of interest or appearances
thereof. The disclosure form may
request information regarding financial
interests and affiliations, including
information regarding the identity of
clients of the potential panelist and, if
applicable, clients of the potential
panelist’s firm.
The text of the PTPA can be found
through the Office of the U.S. Trade
Representative Web site (https://
www.ustr.gov/trade-agreements/freetrade-agreements).
Criteria for Eligibility for Inclusion on
the PTPA Indicative Roster
To qualify for inclusion on the
indicative roster an applicant must: (1)
Have expertise or experience in law,
international trade, other matters
covered by the Agreement, or the
resolution of disputes arising under
international trade agreements; (2) be
objective, reliable, and possess sound
VerDate Nov<24>2008
17:16 Jan 27, 2010
Jkt 220001
judgment; (3) be independent of, and
not be affiliated with or take
instructions from either Party; and (4)
comply with a code of conduct.
The United States seeks applications
for inclusion on the indicative roster
from qualified persons.
Procedures for Selection of Roster
Members
An interagency committee chaired by
USTR prepares a preliminary list of
candidates eligible for inclusion on the
various rosters. After consultation with
the Committee on Ways and Means of
the House of Representatives and the
Committee on Finance of the Senate,
USTR selects the final list of individuals
that the United States will nominate for
inclusion on the rosters. The members
of a roster under a particular agreement
are appointed by consensus of the
parties to the agreement.
Applications
Eligible individuals who wish to be
considered for inclusion on one or more
of the rosters are invited to submit
applications. Persons who previously
submitted an application for a CAFTA–
DR roster in response to the April 13,
2009 Federal Register Notice do not
need to re-submit their application, but
should simply indicate that they remain
interested, should update any
information in that application, and
should indicate whether they also wish
to be considered for any other roster
under this notice.
Persons submitting applications
should submit one copy electronically
to https://www.regulations.gov, docket
number USTR–2010–0007. If you are
unable to submit an application using
https://www.regulations.gov, please
contact Sandy McKinzy at (202) 395–
9483 to arrange for an alternative
method of transmission.
Applications must be typewritten,
and should be headed ‘‘Application for
Inclusion on a Roster.’’ Applicants must
specify for which of the agreements and,
where applicable, for which roster
under the agreement they wish to be
considered (for example, General,
Financial Services, Labor, or
Environment). Applicants may specify
more than one roster. Applications
should include the following
information, and each section of the
application should be numbered as
indicated:
1. Name of the applicant.
2. Business address, telephone number,
fax number, and e-mail address.
3. Citizenship(s).
4. Current employment, including title,
description of responsibility, and
name and address of employer.
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
4609
5. Relevant education and professional
training.
6. Spanish or French language fluency,
written and spoken.
7. Post-education employment history,
including the dates and addresses
of each prior position and a
summary of responsibilities.
8. Relevant professional affiliations and
certifications, including, if any,
current bar memberships in good
standing.
9. A list and copies of publications,
testimony, and speeches, if any,
concerning the relevant area of
expertise. Judges or former judges
should list relevant judicial
decisions. Only one copy of
publications, testimony, speeches,
and decisions need be submitted.
10. A list of international trade
proceedings or domestic
proceedings relating to
international trade matters or other
relevant matters in which the
applicant has provided advice to a
party or otherwise participated.
11. Summary of any current and past
employment by, or consulting or
other work for, the Government of
the United States and the
Government(s) of the other
party(ies) to each agreement for
which the applicant is applying
(i.e., Canada, Chile, Costa Rica, the
Dominican Republic, El Salvador,
Guatemala, Honduras, Mexico,
Nicaragua, or Peru).
12. The names and nationalities of all
foreign principals for whom the
applicant is currently or has
previously been registered pursuant
to the Foreign Agents Registration
Act, 22 U.S.C. 611 et seq., and the
dates of all registration periods.
13. A short statement of qualifications
and availability for service on
dispute settlement panels under the
relevant agreement, including
information relevant to the
applicant’s familiarity with
international trade law and relevant
area(s) for the roster(s) for which
the applicant seeks to be
considered, and willingness and
ability to make time commitments
necessary for service on panels.
14. On a separate page, the names,
addresses, telephone and fax
numbers of three individuals
willing to provide information
concerning the applicant’s
qualifications for service, including
the applicant’s character,
reputation, reliability, judgment,
and familiarity with the relevant
area of expertise.
E:\FR\FM\28JAN1.SGM
28JAN1
4610
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
Public Disclosure
Applications normally will not be
subject to public disclosure and will not
be posted publicly on https://
www.regulations.gov. Applications may
be shared with other agencies, the
Committee on Ways and Means of the
House of Representatives, the
Committee on Finance of the Senate,
and the Government(s) of the other
Party(ies) for their consideration in
determining whether to appoint persons
to the rosters.
False Statements
False statements by an applicant
regarding his or her personal or
professional qualifications, or financial
or other relevant interests that bear on
the applicant’s suitability for placement
on a roster or appointment to a panel are
subject to criminal sanctions under 18
U.S.C. 1001.
mstockstill on DSKH9S0YB1PROD with NOTICES
Paperwork Reduction Act
This notice contains a collection of
information provision subject to the
Paperwork Reduction Act (‘‘PRA’’) that
has been approved by the Office of
Management and Budget (‘‘OMB’’).
Notwithstanding any other provision of
law, no person is required to respond to
nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the PRA unless that
collection of information displays a
currently valid OMB number. This
notice’s collection of information
burden is only for those persons who
wish voluntarily to apply for inclusion
on a roster. It is expected that the
collection of information burden will be
under three hours. This collection of
information contains no annual
reporting or recordkeeping burden. This
collection of information was approved
by OMB under OMB Control Number
0350–0014. Please send comments
regarding the collection of information
burden or any other aspect of the
information collection to USTR at
https://www.regulations.gov.
Privacy Act
The following statements are made in
accordance with the Privacy Act of
1974, as amended (5 U.S.C. 552a).
Provision of the information requested
above is voluntary; however, failure to
provide the information will preclude
consideration as a candidate for
inclusion on a roster. This information
is maintained in a system of records
entitled ‘‘Dispute Settlement Panelists
Roster.’’ Notice regarding this system of
records was published in the Federal
Register on November 30, 2001. The
information provided is needed, and
VerDate Nov<24>2008
17:16 Jan 27, 2010
Jkt 220001
will be used by USTR, other Federal
government trade policy officials
concerned with dispute settlement
under the relevant agreement, and
officials of the other Party(ies) to select
well-qualified individuals for inclusion
on the rosters and for service on dispute
settlement panels.
Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2010–1778 Filed 1–27–10; 8:45 am]
BILLING CODE 3190–W0–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2009–0375]
Pipeline Safety: Information Collection
Activities
AGENCY: Pipeline and Hazardous
Materials Safety Administration.
ACTION: Notice and request for
comments.
SUMMARY: On November 24, 2009, as
required by the Paperwork Reduction
Act of 1995, the Pipeline and Hazardous
Materials Safety Administration
(PHMSA) published a notice in the
Federal Register (74 FR 61403) of its
intent to renew an information
collection under Office of Management
and Budget (OMB) Control No. 2137–
0604, titled ‘‘Pipeline Integrity
Management in High Consequence
Areas Operators with more than 500
Miles of Hazardous Liquid Pipeline.’’ No
comments were received. PHMSA is
publishing this notice to provide the
public with an additional 30 days to
comment and announce that the
Information Collection renewal will be
submitted to the Office of Management
and Budget (OMB) for approval.
DATES: Comments on this notice must be
received by March 1, 2010.
ADDRESSES: Comments may be
submitted to the docket identified as
PHMSA–2009–0375 by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–395–6566.
• Mail: Office of Information and
Regulatory Affairs (OIRA), Office of
Management and Budget (OMB), 726
Jackson Place, NW., Washington, DC
20503, Attn: Desk Officer for
Department of Transportation (DOT).
• E-mail: Office of Information and
Regulatory Affairs (OIRA), Office of
Management and Budget, at the
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
following address:
oira_submissions@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Cameron Satterthwaite by telephone at
202–366–1319, by fax at 202–366–4566,
or by mail at U.S. Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue, SE., PHP–30,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies an information collection
renewal that PHMSA will be submitting
to OMB for approval. This information
collection is contained in the pipeline
safety regulations, 49 CFR parts 190–
199. PHMSA has revised burden
estimates, where appropriate, to reflect
current reporting levels or adjustments
based on changes in proposed or final
rules published since the information
collections were last approved. The
following information is provided for
each information collection: (1) Title of
the information collection; (2) OMB
control number; (3) Type of request; (4)
Abstract of the information collection
activity; (5) Description of affected
public; (6) Estimate of total annual
reporting and recordkeeping burden;
and (7) Frequency of collection. PHMSA
will request a three-year term of
approval for each information collection
activity.
PHMSA requests comments on the
following information collection:
Title of Information Collection:
Pipeline Integrity Management in High
Consequence Areas Operators with
more than 500 Miles of Hazardous
Liquid Pipeline.
OMB Control Number: 2137–0604.
Type of Request: Renewal of a
currently approved information
collection.
Abstract: Hazardous liquid operators
with pipelines in high consequence
areas (i.e., commercially navigable
waterways, high population areas, other
populated areas, and unusually
sensitive areas as defined in 49 CFR
195.450) are subject to certain
information collection requirements
relative to the Integrity Management
Program provisions of 49 CFR 195.452.
This information collection (2137–0604)
covers each operator that has more than
500 miles of hazardous liquid pipelines.
Affected Public: Operators of
hazardous liquid pipelines located in
high consequence areas that operate
more than 500 miles of pipeline.
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4607-4610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1778]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Free Trade Agreements; Invitation for Applications for Inclusion
on Dispute Settlement Rosters for the U.S.-Chile Free Trade Agreement
(``FTA''), the Dominican Republic-Central America-United States FTA,
the North American FTA, and the U.S.-Peru Trade Promotion Agreement
AGENCY: Office of the United States Trade Representative (``USTR'').
ACTION: Invitation for Applications.
-----------------------------------------------------------------------
SUMMARY: A number of trade agreements to which the United States is a
party call for the parties to establish rosters of persons available to
serve on dispute settlement panels to hear disputes under those
agreements. These agreements include the United States-Chile Free Trade
Agreement, the Dominican Republic-Central America-United States Free
Trade Agreement (``CAFTA-DR''), the North American Free Trade Agreement
(``NAFTA''), and the United States-Peru Trade Promotion Agreement. In
some instances, an agreement will call for the establishment of more
than one roster. For example, the CAFTA-DR requires the establishment
of four rosters of individuals who would be available to serve as
panelists in dispute settlement proceedings arising under that
agreement: a general roster and rosters for disputes concerning
financial services, labor, and environment matters. USTR is inviting
interested persons to apply to be on one or more of these several
rosters under the various agreements.
DATES: Applications should be received no later than March 15, 2010 to
be assured of consideration.
ADDRESSES: Applications should be submitted electronically to https://www.regulations.gov, docket number USTR-2010-0007. If you are unable to
submit an application using https://www.regulations.gov, please contact
Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission.
FOR FURTHER INFORMATION CONTACT: For information regarding the form of
the application, contact Sandy McKinzy, Legal Technician, USTR Office
of Monitoring and Enforcement, at (202) 395-3582. For other inquiries,
contact Mar[iacute]a L. Pag[aacute]n, Associate General Counsel, at
(202) 395-7305 (for the U.S.-Chile FTA and U.S.-Peru TPA), Leigh Bacon,
Associate General Counsel, at (202) 395-5859 (for the CAFTA-DR), and
Suzanne Garner, Assistant General Counsel, at (202) 395-9663 (for the
NAFTA).
SUPPLEMENTARY INFORMATION: USTR is seeking applications from interested
persons to serve on any of the rosters under any of the listed
agreements. The details for how to apply are provided below as is a
short description of the rosters for each agreement. A person is free
to apply for a single roster or any combination of rosters. Through
this Federal Register Notice, USTR will accept applications from U.S.
citizens and nationals of other countries.
Dispute Settlement Mechanism of U.S.-Chile Free Trade Agreement
The Chile FTA sets out detailed procedures for the resolution of
disputes over compliance with the obligations set out in the agreement.
Dispute settlement involves three stages: (1) Lower level consultations
between the Parties to try to arrive at a mutually satisfactory
resolution of the matter; (2) cabinet-level consultations; and, (3)
resort to a neutral panel to make a determination as to whether a Party
is in compliance with its obligations under the agreement. The panel is
composed of three individuals chosen by the Parties.
The Chile FTA requires the establishment of a general dispute
settlement roster from which panelists shall normally be selected. The
roster must be comprised of at least 20 individuals, six of whom should
be non-nationals of either Party. Once established, the roster remains
in effect for a minimum of three years. See Chile FTA, Article 22.7.
The Chile FTA also requires the establishment of three additional
rosters, one each for disputes under the Financial Services Chapter
(Chapter Twelve), the Labor Chapter (Chapter Eighteen), and the
Environment Chapter (Chapter Nineteen). The financial services roster
must be comprised of up to 10 individuals, up to four of whom must be
non-nationals of either Party. See Chile FTA, Article 12.17. The labor
roster must be comprised of up to 12 individuals, four of whom must be
non-nationals of either Party. See Chile FTA, Article 18.7. The
environment roster must be comprised of at least 12 individuals, four
of whom must be non-nationals of either Party. See Chile FTA, Article
19.7.
[[Page 4608]]
Upon each request for establishment of a panel, potential panelists
will be requested to complete a disclosure form, which will be used to
identify possible conflicts of interest or appearances thereof. The
disclosure form requests information regarding financial interests and
affiliations, including information regarding the identity of clients
of the potential panelist and, if applicable, clients of the potential
panelist's firm.
The text of the Chile FTA can be found through the Office of the
U.S. Trade Representative Web site (https://www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Qualification as Panelist
To qualify as a panelist for the general roster an individual must:
(1) Have expertise or experience in law, international trade, other
matters covered by the Agreement, or the resolution of disputes arising
under international trade agreements; (2) be objective, reliable, and
possess sound judgment; (3) be independent of, and not be affiliated
with or take instructions from any Party; and (4) comply with a code of
conduct.
To qualify as a panelist for the financial services roster an
individual must have expertise or experience in financial services law
or practice, which may include the regulation of financial
institutions, and meet the qualifications set out in (2) through (4)
above.
To qualify as a panelist for the labor roster an individual must
have expertise or experience in labor law or its enforcement, or in the
resolution of disputes arising under international agreements, and meet
the qualifications set out in (2) through (4) above.
To qualify as a panelist for the environment roster an individual
must have expertise or experience in environmental law or its
enforcement, international trade, or the resolution of disputes arising
under international trade agreements, and meet the qualifications set
out in (2) through (4) above.
Dispute Settlement Under the Dominican Republic-Central America-United
States Free Trade Agreement
The CAFTA-DR is a plurilateral agreement in force between the
United States, Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua (``CAFTA-DR Parties''). The CAFTA-DR
sets out detailed procedures for the resolution of disputes arising
under the Agreement. Dispute settlement involves three stages: (1)
Lower level consultations between the disputing CAFTA-DR Parties to try
to arrive at a mutually satisfactory resolution of the matter; (2)
cabinet-level consultations between the disputing CAFTA-DR Parties;
and, (3) resort to a neutral panel to make a determination regarding
the matter at issue between the disputing CAFTA-DR Parties. The panel
is composed of three individuals chosen by the disputing CAFTA-DR
Parties.
The CAFTA-DR requires the establishment of a general dispute
settlement roster from which panelists shall normally be selected. The
roster is to be composed of up to 70 individuals, up to 14 of whom are
to be individuals who are not a national of any CAFTA-DR Party. Once
established, the roster remains in effect for a minimum of three years.
See CAFTA-DR Article 20.7. The CAFTA-DR also requires the establishment
of three additional rosters, one each for disputes arising under
Chapter Twelve (Financial Services), Chapter Sixteen (Labor), and
Chapter Seventeen (Environment). Each of these three rosters shall
remain in effect for a minimum of three years and is to be composed of
up to 28 individuals, up to seven of whom are to be individuals who are
not a national of any CAFTA-DR Party. See CAFTA-DR Articles 12.18,
16.7, and 17.11.
Upon each request for establishment of a panel, potential panelists
may be requested to complete a disclosure form, which could be used to
identify possible conflicts of interest or appearances thereof. The
disclosure form may request information regarding financial interests
and affiliations, including information regarding the identity of
clients of the potential panelist and, if applicable, clients of the
potential panelist's firm.
The text of the CAFTA-DR can be found through the Office of the
U.S. Trade Representative Web site (https://www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on a CAFTA-DR Roster
To qualify for inclusion on the general roster an applicant must:
(1) Have expertise or experience in law, international trade, other
matters covered by the Agreement, or the resolution of disputes arising
under international trade agreements; (2) be objective, reliable, and
possess sound judgment; (3) be independent of, and not be affiliated
with or take instructions from any CAFTA-DR Party; and (4) comply with
a code of conduct.
To qualify for inclusion on the financial services roster an
applicant must have expertise or experience in financial services law
or practice, which may include the regulation of financial
institutions, and meet the qualifications set out in (2) through (4)
above.
To qualify for inclusion on the labor roster an applicant must have
expertise or experience in labor law or its enforcement, international
trade, or the resolution of disputes arising under international
agreements, and meet the qualifications set out in (2) through (4)
above.
To qualify for inclusion on the environment roster an applicant
must have expertise or experience in environmental law or its
enforcement, international trade, or the resolution of disputes arising
under international trade or environmental agreements, and meet the
qualifications set out in (2) through (4) above.
The United States seeks applications for inclusion on the rosters
from qualified persons.
Dispute Settlement under NAFTA Chapter Twenty
Procedures under Chapter Twenty of the NAFTA apply to the avoidance
or settlement of most types of disputes between the Parties arising
under the NAFTA. If the NAFTA Parties cannot settle a dispute through
consultations, they may convene a dispute settlement panel to consider
the matter.
Chapter Twenty Roster and Composition of Panels
Article 2009 of the NAFTA provides for a roster of up to 30 persons
to serve on Chapter Twenty dispute settlement panels. A separate five-
member panel is formed for each dispute. Panelists normally are
selected from the roster (although non-roster panelists may be
selected, for instance, when a dispute involves a matter for which a
particular expertise not reflected on the roster would be helpful). For
each case, roster members under consideration to serve as a panelist
will be requested to complete a disclosure form, which is used to
identify possible conflicts of interest or appearances thereof. The
disclosure form requests information regarding financial interests and
affiliations, including information regarding the identity of any
clients the roster member may have and, if applicable, clients of the
roster member's firm.
Criteria for Eligibility for Inclusion on Chapter Twenty Roster
Article 2009 provides that roster members shall (1) have expertise
or experience in law, international trade, other matters covered by the
NAFTA or the resolution of disputes arising under trade agreements, and
shall be chosen
[[Page 4609]]
strictly on the basis of objectivity, reliability and sound judgment;
(2) be independent of, and not be affiliated with or take instructions
from, any Party; and (3) comply with the code of conduct for Chapter
Twenty panelists.
The text of the NAFTA can be found through the Office of the U.S.
Trade Representative Web site (https://www.ustr.gov/trade-agreements/free-trade-agreements).
Dispute Settlement under the United States-Peru Trade Promotion
Agreement
The PTPA is a bilateral agreement in force between the United
States and Peru (the ``Parties''). The PTPA sets out detailed
procedures for the resolution of disputes arising under the Agreement.
Dispute settlement involves three stages: (1) Lower level consultations
between the Parties to try to arrive at a mutually satisfactory
resolution of the matter; (2) cabinet-level consultations between the
Parties; and, (3) resort to a neutral panel to make a determination
regarding the matter at issue between the Parties. The panel is
composed of three individuals chosen by the Parties.
The PTPA requires the establishment of an indicative roster from
which panelists may be selected by lot if the Parties have otherwise
failed to appoint panelists. The indicative roster is to be composed of
eight individuals, two of whom are to be individuals who are not a
national of either Party. Once established, the roster remains in
effect for a minimum of three years. See PTPA Articles 21.7 and 21.9.
Upon each request for establishment of a panel, potential panelists
may be requested to complete a disclosure form, which could be used to
identify possible conflicts of interest or appearances thereof. The
disclosure form may request information regarding financial interests
and affiliations, including information regarding the identity of
clients of the potential panelist and, if applicable, clients of the
potential panelist's firm.
The text of the PTPA can be found through the Office of the U.S.
Trade Representative Web site (https://www.ustr.gov/trade-agreements/free-trade-agreements).
Criteria for Eligibility for Inclusion on the PTPA Indicative Roster
To qualify for inclusion on the indicative roster an applicant
must: (1) Have expertise or experience in law, international trade,
other matters covered by the Agreement, or the resolution of disputes
arising under international trade agreements; (2) be objective,
reliable, and possess sound judgment; (3) be independent of, and not be
affiliated with or take instructions from either Party; and (4) comply
with a code of conduct.
The United States seeks applications for inclusion on the
indicative roster from qualified persons.
Procedures for Selection of Roster Members
An interagency committee chaired by USTR prepares a preliminary
list of candidates eligible for inclusion on the various rosters. After
consultation with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate, USTR
selects the final list of individuals that the United States will
nominate for inclusion on the rosters. The members of a roster under a
particular agreement are appointed by consensus of the parties to the
agreement.
Applications
Eligible individuals who wish to be considered for inclusion on one
or more of the rosters are invited to submit applications. Persons who
previously submitted an application for a CAFTA-DR roster in response
to the April 13, 2009 Federal Register Notice do not need to re-submit
their application, but should simply indicate that they remain
interested, should update any information in that application, and
should indicate whether they also wish to be considered for any other
roster under this notice.
Persons submitting applications should submit one copy
electronically to https://www.regulations.gov, docket number USTR-2010-
0007. If you are unable to submit an application using https://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to
arrange for an alternative method of transmission.
Applications must be typewritten, and should be headed
``Application for Inclusion on a Roster.'' Applicants must specify for
which of the agreements and, where applicable, for which roster under
the agreement they wish to be considered (for example, General,
Financial Services, Labor, or Environment). Applicants may specify more
than one roster. Applications should include the following information,
and each section of the application should be numbered as indicated:
1. Name of the applicant.
2. Business address, telephone number, fax number, and e-mail address.
3. Citizenship(s).
4. Current employment, including title, description of responsibility,
and name and address of employer.
5. Relevant education and professional training.
6. Spanish or French language fluency, written and spoken.
7. Post-education employment history, including the dates and addresses
of each prior position and a summary of responsibilities.
8. Relevant professional affiliations and certifications, including, if
any, current bar memberships in good standing.
9. A list and copies of publications, testimony, and speeches, if any,
concerning the relevant area of expertise. Judges or former judges
should list relevant judicial decisions. Only one copy of publications,
testimony, speeches, and decisions need be submitted.
10. A list of international trade proceedings or domestic proceedings
relating to international trade matters or other relevant matters in
which the applicant has provided advice to a party or otherwise
participated.
11. Summary of any current and past employment by, or consulting or
other work for, the Government of the United States and the
Government(s) of the other party(ies) to each agreement for which the
applicant is applying (i.e., Canada, Chile, Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, or
Peru).
12. The names and nationalities of all foreign principals for whom the
applicant is currently or has previously been registered pursuant to
the Foreign Agents Registration Act, 22 U.S.C. 611 et seq., and the
dates of all registration periods.
13. A short statement of qualifications and availability for service on
dispute settlement panels under the relevant agreement, including
information relevant to the applicant's familiarity with international
trade law and relevant area(s) for the roster(s) for which the
applicant seeks to be considered, and willingness and ability to make
time commitments necessary for service on panels.
14. On a separate page, the names, addresses, telephone and fax numbers
of three individuals willing to provide information concerning the
applicant's qualifications for service, including the applicant's
character, reputation, reliability, judgment, and familiarity with the
relevant area of expertise.
[[Page 4610]]
Public Disclosure
Applications normally will not be subject to public disclosure and
will not be posted publicly on https://www.regulations.gov. Applications
may be shared with other agencies, the Committee on Ways and Means of
the House of Representatives, the Committee on Finance of the Senate,
and the Government(s) of the other Party(ies) for their consideration
in determining whether to appoint persons to the rosters.
False Statements
False statements by an applicant regarding his or her personal or
professional qualifications, or financial or other relevant interests
that bear on the applicant's suitability for placement on a roster or
appointment to a panel are subject to criminal sanctions under 18
U.S.C. 1001.
Paperwork Reduction Act
This notice contains a collection of information provision subject
to the Paperwork Reduction Act (``PRA'') that has been approved by the
Office of Management and Budget (``OMB''). Notwithstanding any other
provision of law, no person is required to respond to nor shall a
person be subject to a penalty for failure to comply with a collection
of information subject to the requirements of the PRA unless that
collection of information displays a currently valid OMB number. This
notice's collection of information burden is only for those persons who
wish voluntarily to apply for inclusion on a roster. It is expected
that the collection of information burden will be under three hours.
This collection of information contains no annual reporting or
recordkeeping burden. This collection of information was approved by
OMB under OMB Control Number 0350-0014. Please send comments regarding
the collection of information burden or any other aspect of the
information collection to USTR at https://www.regulations.gov.
Privacy Act
The following statements are made in accordance with the Privacy
Act of 1974, as amended (5 U.S.C. 552a). Provision of the information
requested above is voluntary; however, failure to provide the
information will preclude consideration as a candidate for inclusion on
a roster. This information is maintained in a system of records
entitled ``Dispute Settlement Panelists Roster.'' Notice regarding this
system of records was published in the Federal Register on November 30,
2001. The information provided is needed, and will be used by USTR,
other Federal government trade policy officials concerned with dispute
settlement under the relevant agreement, and officials of the other
Party(ies) to select well-qualified individuals for inclusion on the
rosters and for service on dispute settlement panels.
Daniel E. Brinza,
Senior Counsel for Dispute Settlement.
[FR Doc. 2010-1778 Filed 1-27-10; 8:45 am]
BILLING CODE 3190-W0-P
