CAFTA-DR Consultation Request Regarding Guatemala's Apparent Failure to Effectively Enforce its Labor Laws, 51869-51870 [2010-20756]

Download as PDF Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices 51869 will amend its rules as described in the summaries below. enhancements for non-CNS ACAT transfers.11 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE a. Rule 18 (Procedures for When [the Corporation] Declines or Ceases To Act) III. Discussion [Docket No. USTR–2010–0023] The Commission finds that the proposed rule change is consistent with the requirements of the Act 12 and the rules and regulations thereunder applicable to NSCC. In particular, the Commission believes that the changes NSCC is making to its ACATS system to implement a tracking mechanism to distinguish ACATS activity from other items processed through CNS and to clarify that NSCC does not maintain a lien on ACATS assets delivered to a Receiving Member through CNS are consistent with NSCC’s obligations under Section 17A(b)(3)(F),13 which requires, among other things, that the rules of a clearing agency are designed to protect investors and the public interest. CAFTA–DR Consultation Request Regarding Guatemala’s Apparent Failure to Effectively Enforce its Labor Laws Section 7 of Rule 18 provides that NSCC maintains a lien on all property placed in its possession by a Member as security for any and all liabilities of that Member to NSCC. An exception to this rule is where such a lien would be prohibited under Commission Rules 8c– 1 and 15c2–1. NSCC will modify the section to clarify that it does not maintain a lien on ACATS assets that have been delivered to a Receiving Member through CNS. b. Rule 50 (ACATS) NSCC will amend Rule 50 to clarify that NSCC may reverse uncompleted ACATS obligations when either the Delivering or Receiving Member has failed to meet its settlement obligation to NSCC. In addition, this Rule will be revised to note that in the event of such a reversal of uncompleted CNS ACATS obligations, NSCC will make files available to each Member to show each open security position due to settle that day that is subject to the reversal as well as such other information as NSCC may deem advisable. NSCC will also make a technical correction to clarify that ACATS transactions enter the CNS Accounting Operation on the day before Settlement Date (SD–1) rather than the day after Trade Date (T+1). c. Procedure VII (CNS Accounting Operation) NSCC will modify Procedure VII to provide for the tracking of customer transfers by stating that deliveries of a particular security through CNS will be used to satisfy a Member’s ACATS receive and deliver obligations before being used to satisfy another obligation, such as a trade-related obligation of that Member. In addition, the modified language will indicate that this designation will be provided to the Member’s Designated Depository to facilitate its processing of the item. erowe on DSK5CLS3C1PROD with NOTICES 4. Implementation NSCC intends to implement these changes during the third quarter of 2010 and will advise Members of the implementation date through issuance of NSCC Important Notices. NSCC has agreed to provide Commission staff with updates on at least a quarterly basis on the progress related to industry discussions for processing VerDate Mar<15>2010 15:31 Aug 20, 2010 Jkt 220001 IV. Conclusion On the basis of the foregoing, the Commission finds that the proposal is consistent with the requirements of the Act and in particular with the requirements of Section 17A of the Act 14 and the rules and regulations thereunder. It is therefore ordered, pursuant to Section 19(b)(2) of the Act,15 that the proposed rule change (File No. SR– NSCC–2010–05) be, and hereby is, approved.16 For the Commission by the Division of Trading and Markets, pursuant to delegated authority.17 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–20815 Filed 8–20–10; 8:45 am] BILLING CODE 8010–01–P 11 In connection with its review of ACATS, NSCC has agreed to provide Commission staff with updates, not less frequently than once per quarter, of its ongoing cooperative efforts with industry participants to determine the feasibility of procedures whereby it will treat ACATS full account transfers uniformly and it will execute, delete or reverse the transfers consistently for all the assets in an account whether those assets are CNS-eligible or not. 12 15 U.S.C. 78q–1. 13 15 U.S.C. 78q–1(b)(3)(F). 14 15 U.S.C. 78q–1. 15 15 U.S.C. 78s(b)(2). 16 In approving the proposed rule change, the Commission considered the proposal’s impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12). PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 Office of the United States Trade Representative. ACTION: Notice; request for comments. AGENCY: The Office of the United States Trade Representative (USTR) is providing notice that on July 30, 2010, pursuant to the Labor Chapter (Chapter 16) of the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA–DR), the United States requested consultations with the Government of Guatemala to discuss Guatemala’s apparent failure to meet its obligation under Article 16.2.1(a) to effectively enforce its labor laws. The consultations request may be found at http://www.ustr.gov/trade-agreements/ free-trade-agreements/cafta-drdominican-republic-central-america-fta/ kirk-solis-le. USTR invites written comments from the public concerning the issues that will be raised in consultations. DATES: Although USTR will accept any comments received during the course of the consultations, comments should be submitted on or before September 22, 2010 to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to http:// www.regulations.gov, docket number USTR–2010–0023. If you are unable to provide submissions through http:// www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. If (as explained below) the comment contains confidential information, then the comment should be submitted by fax only to Sandy McKinzy at (202) 395–3640. FOR FURTHER INFORMATION CONTACT: Carlos Quintana, Special Counsel for Trade and Labor, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395–9439. SUPPLEMENTARY INFORMATION: On July 30, 2010, the United States requested consultations with the Government of Guatemala to discuss issues and matters related to Guatemala’s obligations under Article 16.2.1(a) of the CAFTA–DR, as well as under Chapter Sixteen of the CAFTA–DR more broadly. Article 16.2.1(a) requires that ‘‘[a] Party shall not fail to effectively enforce its labor SUMMARY: E:\FR\FM\23AUN1.SGM 23AUN1 51870 Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices laws, through a sustained or recurring course of action or inaction, in a manner affecting trade between the Parties, after the date of entry into force of this Agreement.’’ The consultations were requested pursuant to Article 16.6.1 of the CAFTA–DR, which states that ‘‘[a] Party may request consultations with another Party regarding any matter arising under this Chapter. * * *’’ Issues Raised by the United States In its request for consultations, the United States notes that the Government of Guatemala appears to be failing to meet its obligations under Article 16.2.1(a) with respect to effective enforcement of Guatemalan labor laws related to the right of association, the right to organize and bargain collectively, and acceptable conditions of work. Based on an extensive examination of Guatemala’s labor laws, collection of factual evidence, and analysis of Guatemala’s obligations under Article 16.2.1(a), the United States identified a significant number of failures by Guatemala to enforce its labor laws, constituting a sustained or recurring course of action or inaction. Failures include: (1) Ministry of Labor failures to investigate alleged labor law violations; (2) Ministry of Labor failures to take enforcement action once the Ministry identified a labor law violation, and (3) Court failures to enforce Labor Court orders in cases involving labor law violations. erowe on DSK5CLS3C1PROD with NOTICES Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues that will be raised in consultations. Persons may submit public comments electronically to http://www.regulations.gov docket number USTR–2010–0023. If you are unable to provide submissions by http:// www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. To submit comments via http:// www.regulations.gov, enter docket number 2010–0023 on the home page and click ‘‘search’’. The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting ‘‘Notice’’ under ‘‘Document Type’’ on the left side of the searchresults page, and click on the link entitled ‘‘Submit a Comment.’’ (For further information on using the http:// www.regulations.gov Web site, please consult the resources provided on the Web site by clicking on ‘‘How to Use VerDate Mar<15>2010 15:31 Aug 20, 2010 Jkt 220001 This Site’’ on the left side of the home page.) The www.regulations.gov site provides the option of providing comments by filling in a ‘‘Type Comment and Upload File’’ field, or by attaching a document. It is expected that most comments will be provided in an attached document. If a document is attached, it is sufficient to type ‘‘See attached’’ in the ‘‘Type Comment and Upload File’’ field. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of the cover page and each succeeding page. Any comment containing business confidential information must be submitted by fax to Sandy McKinzy at (202) 395–3640. A non-confidential summary of the confidential information must be submitted to www.regulations.gov. The nonconfidential summary will be placed in the docket and open to public inspection. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter— (1) Must clearly so designate the information or advice; (2) Must clearly mark the material as ‘‘SUBMITTED IN CONFIDENCE’’ at the top and bottom of the cover page and each succeeding page; and (3) Must provide a non-confidential summary of the information or advice. Any comment containing confidential information must be submitted by fax. A non-confidential summary of the confidential information must be submitted to http:// www.regulations.gov. The nonconfidential summary will be placed in the docket and open to public inspection. USTR will maintain a docket on this matter accessible to the public. The public file will include non-confidential comments received by USTR from the public with respect to this matter. Comments will be placed in the docket and open to public inspection PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 pursuant to 15 CFR 2006.13, except confidential business information exempt from public inspection in accordance with 15 CFR 2006.15 or information determined by USTR to be confidential in accordance with 19 U.S.C. 2155(g)(2). Comments open to public inspection may be viewed on the www.regulations.gov Web site. Elissa M. Alben, Acting Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 2010–20756 Filed 8–20–10; 8:45 am] BILLING CODE 3190–W0–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2010–0118] Wheego Electric Cars, Inc.; Receipt of Application for Temporary Exemption From Advanced Air Bag Requirements of FMVSS No. 208 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of receipt of petition for temporary exemption from certain provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. AGENCY: In accordance with the procedures in 49 CFR part 555, Wheego Electric Cars, Inc., has petitioned the agency for a temporary exemption from certain advanced air bag requirements of FMVSS No. 208. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.1 This notice of receipt of an application for temporary exemption is published in accordance with statutory provisions. NHTSA has not made any judgment on the merits of the application. SUMMARY: You should submit your comments not later than September 22, 2010. FOR FURTHER INFORMATION CONTACT: David Jasinski, Office of the Chief Counsel, NCC–112, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., West Building 4th Floor, Room W41–213, Washington, DC 20590. Telephone: (202) 366–2992; Fax: (202) 366–3820. DATES: 1 To view the application, go to http:// www.regulations.gov and enter the docket number set forth in the heading of this document. E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51869-51870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20756]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2010-0023]


CAFTA-DR Consultation Request Regarding Guatemala's Apparent 
Failure to Effectively Enforce its Labor Laws

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that on July 30, 2010, pursuant to the Labor Chapter 
(Chapter 16) of the Dominican Republic-Central America-United States 
Free Trade Agreement (CAFTA-DR), the United States requested 
consultations with the Government of Guatemala to discuss Guatemala's 
apparent failure to meet its obligation under Article 16.2.1(a) to 
effectively enforce its labor laws. The consultations request may be 
found at http://www.ustr.gov/trade-agreements/free-trade-agreements/cafta-dr-dominican-republic-central-america-fta/kirk-solis-le. USTR 
invites written comments from the public concerning the issues that 
will be raised in consultations.

DATES: Although USTR will accept any comments received during the 
course of the consultations, comments should be submitted on or before 
September 22, 2010 to be assured of timely consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2010-0023. If you are unable 
to provide submissions through http://www.regulations.gov, please 
contact Sandy McKinzy at (202) 395-9483 to arrange for an alternative 
method of transmission. If (as explained below) the comment contains 
confidential information, then the comment should be submitted by fax 
only to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Carlos Quintana, Special Counsel for 
Trade and Labor, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-9439.

SUPPLEMENTARY INFORMATION: On July 30, 2010, the United States 
requested consultations with the Government of Guatemala to discuss 
issues and matters related to Guatemala's obligations under Article 
16.2.1(a) of the CAFTA-DR, as well as under Chapter Sixteen of the 
CAFTA-DR more broadly. Article 16.2.1(a) requires that ``[a] Party 
shall not fail to effectively enforce its labor

[[Page 51870]]

laws, through a sustained or recurring course of action or inaction, in 
a manner affecting trade between the Parties, after the date of entry 
into force of this Agreement.'' The consultations were requested 
pursuant to Article 16.6.1 of the CAFTA-DR, which states that ``[a] 
Party may request consultations with another Party regarding any matter 
arising under this Chapter. * * *''

Issues Raised by the United States

    In its request for consultations, the United States notes that the 
Government of Guatemala appears to be failing to meet its obligations 
under Article 16.2.1(a) with respect to effective enforcement of 
Guatemalan labor laws related to the right of association, the right to 
organize and bargain collectively, and acceptable conditions of work. 
Based on an extensive examination of Guatemala's labor laws, collection 
of factual evidence, and analysis of Guatemala's obligations under 
Article 16.2.1(a), the United States identified a significant number of 
failures by Guatemala to enforce its labor laws, constituting a 
sustained or recurring course of action or inaction. Failures include: 
(1) Ministry of Labor failures to investigate alleged labor law 
violations; (2) Ministry of Labor failures to take enforcement action 
once the Ministry identified a labor law violation, and (3) Court 
failures to enforce Labor Court orders in cases involving labor law 
violations.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues that will be raised in consultations. Persons may 
submit public comments electronically to http://www.regulations.gov 
docket number USTR-2010-0023. If you are unable to provide submissions 
by http://www.regulations.gov, please contact Sandy McKinzy at (202) 
395-9483 to arrange for an alternative method of transmission.
    To submit comments via http://www.regulations.gov, enter docket 
number 2010-0023 on the home page and click ``search''. The site will 
provide a search-results page listing all documents associated with 
this docket. Find a reference to this notice by selecting ``Notice'' 
under ``Document Type'' on the left side of the search-results page, 
and click on the link entitled ``Submit a Comment.'' (For further 
information on using the http://www.regulations.gov Web site, please 
consult the resources provided on the Web site by clicking on ``How to 
Use This Site'' on the left side of the home page.)
    The www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comment and Upload File'' field, or by 
attaching a document. It is expected that most comments will be 
provided in an attached document. If a document is attached, it is 
sufficient to type ``See attached'' in the ``Type Comment and Upload 
File'' field.
    A person requesting that information contained in a comment 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
Confidential business information must be clearly designated as such 
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top 
and bottom of the cover page and each succeeding page. Any comment 
containing business confidential information must be submitted by fax 
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to www.regulations.gov. The 
non-confidential summary will be placed in the docket and open to 
public inspection.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of the cover page and each succeeding page; and
    (3) Must provide a non-confidential summary of the information or 
advice.

Any comment containing confidential information must be submitted by 
fax. A non-confidential summary of the confidential information must be 
submitted to http://www.regulations.gov. The non-confidential summary 
will be placed in the docket and open to public inspection.
    USTR will maintain a docket on this matter accessible to the 
public. The public file will include non-confidential comments received 
by USTR from the public with respect to this matter.
    Comments will be placed in the docket and open to public inspection 
pursuant to 15 CFR 2006.13, except confidential business information 
exempt from public inspection in accordance with 15 CFR 2006.15 or 
information determined by USTR to be confidential in accordance with 19 
U.S.C. 2155(g)(2). Comments open to public inspection may be viewed on 
the www.regulations.gov Web site.

Elissa M. Alben,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2010-20756 Filed 8-20-10; 8:45 am]
BILLING CODE 3190-W0-P