North American Free Trade Agreement; Invitation for Applications for Inclusion on the Chapter 19 Roster, 64390-64392 [2010-26302]
Download as PDF
64390
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
and regulations, into the project and
research plans going forth.
[FR Doc. 2010–26216 Filed 10–18–10; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 7168]
mstockstill on DSKH9S0YB1PROD with NOTICES
Shipping Coordinating Committee;
Notice of Committee Meeting
The Shipping Coordinating
Committee (SHC) will conduct an open
meeting at 9:30 a.m. on Friday
November 12, 2010, in Room 2415 of
the United States Coast Guard
Headquarters Building, 2100 Second
Street, SW., Washington, DC 20593–
0001. The primary purpose of the
meeting is to prepare for the eightyeighth Session of the International
Maritime Organization’s (IMO) Maritime
Safety Committee to be held at the IMO
Headquarters, United Kingdom, from
November 24 to December 3, 2010.
The primary matters to be considered
include:
—Adoption of the agenda; report on
credentials
—Decisions of other IMO bodies,
including the 2010 STCW Conference
—Consideration and adoption of
amendments to mandatory
instruments
—Measures to enhance maritime
security
—Goal-based new ship construction
standards
—LRIT-related matters
—Ship design and equipment
—Radiocommunications and search and
rescue
—Fire protection
—Flag State implementation
—Safety of navigation
—Dangerous goods, solid cargoes and
containers
—Training and watchkeeping
—Technical assistance sub-programme
in maritime safety and security
—Capacity-building for the
implementation of new measures
—Role of the human element
—Formal safety assessment
—Piracy and armed robbery against
ships
—General cargo ship safety
—Implementation of instruments and
related matters
—Relations with other organizations
—Application of the Committee’s
Guidelines
—Work programme
—Election of Chairman and ViceChairman for 2011
Members of the public may attend
this meeting up to the seating capacity
VerDate Mar<15>2010
16:24 Oct 18, 2010
Jkt 223001
of the room. To facilitate the building
security process, and to request
reasonable accommodation, those who
plan to attend should contact the
meeting coordinator, LCDR Jason Smith,
by e-mail at jason.e.smith2@uscg.mil, by
phone at (202) 372–1376, by fax at (202)
372–1925, or in writing at Commandant
(CG–52), U.S. Coast Guard, 2100 2nd
Street, SW., Stop 7126, Washington, DC
20593–7126 not later than Friday
November 5th 2010, 7 days prior to the
meeting. Requests made after November
5th might not be able to be
accommodated. Please note that due to
security considerations, two valid,
government issued photo identifications
must be presented to gain entrance to
the Headquarters building. The
Headquarters building is accessible by
taxi and privately owned conveyance
(public transportation is not generally
available). However, parking in the
vicinity of the building is extremely
limited. Additional information
regarding this and other IMO SHC
public meetings may be found at: https://
www.uscg.mil/imo.
Dated: October 13, 2010.
Jon Trent Warner,
Executive Secretary, Shipping Coordinating
Committee, Department of State.
[FR Doc. 2010–26265 Filed 10–18–10; 8:45 am]
BILLING CODE 4710–09–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
North American Free Trade
Agreement; Invitation for Applications
for Inclusion on the Chapter 19 Roster
Office of the United States
Trade Representative.
ACTION: Invitation for applications.
AGENCY:
Chapter 19 of the North
American Free Trade Agreement
(‘‘NAFTA’’) provides for the
establishment of a roster of individuals
to serve on binational panels convened
to review final determinations in
antidumping or countervailing duty
(‘‘AD/CVD’’) proceedings and
amendments to AD/CVD statutes of a
NAFTA Party. The United States
annually renews its selections for the
Chapter 19 roster. Applications are
invited from eligible individuals
wishing to be included on the roster for
the period April 1, 2011, through March
31, 2012.
DATES: Applications should be received
no later than November 19, 2010.
ADDRESSES: Comments should be
submitted (i) electronically to https://
www.regulations.gov, docket number
SUMMARY:
PO 00000
Frm 00148
Fmt 4703
Sfmt 4703
USTR–2010–0030, or (ii) by fax, to
Sandy McKinzy at (202) 395–3640.
FOR FURTHER INFORMATION CONTACT:
Suzanne Garner, Assistant General
Counsel, Office of the United States
Trade Representative, (202) 395–9663.
SUPPLEMENTARY INFORMATION:
Binational Panel Reviews Under
NAFTA Chapter 19
Article 1904 of the NAFTA provides
that a party involved in an AD/CVD
proceeding may obtain review by a
binational panel of a final AD/CVD
determination of one NAFTA Party with
respect to the products of another
NAFTA Party. Binational panels decide
whether such AD/CVD determinations
are in accordance with the domestic
laws of the importing NAFTA Party, and
must use the standard of review that
would have been applied by a domestic
court of the importing NAFTA Party. A
panel may uphold the AD/CVD
determination, or may remand it to the
national administering authority for
action not inconsistent with the panel’s
decision. Panel decisions may be
reviewed in specific circumstances by a
three-member extraordinary challenge
committee, selected from a separate
roster composed of fifteen current or
former judges.
Article 1903 of the NAFTA provides
that a NAFTA Party may refer an
amendment to the AD/CVD statutes of
another NAFTA Party to a binational
panel for a declaratory opinion as to
whether the amendment is inconsistent
with the General Agreement on Tariffs
and Trade (‘‘GATT’’), the GATT
Antidumping or Subsidies Codes,
successor agreements, or the object and
purpose of the NAFTA with regard to
the establishment of fair and predictable
conditions for the liberalization of trade.
If the panel finds that the amendment is
inconsistent, the two NAFTA Parties
shall consult and seek to achieve a
mutually satisfactory solution.
Chapter 19 Roster and Composition of
Binational Panels
Annex 1901.2 of the NAFTA provides
for the maintenance of a roster of at least
75 individuals for service on Chapter 19
binational panels, with each NAFTA
Party selecting at least 25 individuals. A
separate five-person panel is formed for
each review of a final AD/CVD
determination or statutory amendment.
To form a panel, the two NAFTA Parties
involved each appoint two panelists,
normally by drawing upon individuals
from the roster. If the Parties cannot
agree upon the fifth panelist, one of the
Parties, decided by lot, selects the fifth
panelist from the roster. The majority of
E:\FR\FM\19OCN1.SGM
19OCN1
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
individuals on each panel must consist
of lawyers in good standing, and the
chair of the panel must be a lawyer.
Upon each request for establishment
of a panel, roster members from the two
involved NAFTA Parties 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
roster member and, if applicable, clients
of the roster member’s firm.
mstockstill on DSKH9S0YB1PROD with NOTICES
Criteria for Eligibility for Inclusion on
Chapter 19 Roster
Section 402 of the NAFTA
Implementation Act (Pub. L. 103–182,
as amended (19 U.S.C. 3432)) (‘‘Section
402’’) provides that selections by the
United States of individuals for
inclusion on the Chapter 19 roster are to
be based on the eligibility criteria set
out in Annex 1901.2 of the NAFTA, and
without regard to political affiliation.
Annex 1901.2 provides that Chapter 19
roster members must be citizens of a
NAFTA Party, must be of good character
and of high standing and repute, and are
to be chosen strictly on the basis of their
objectivity, reliability, sound judgment,
and general familiarity with
international trade law. Aside from
judges, roster members may not be
affiliated with any of the three NAFTA
Parties. Section 402 also provides that,
to the fullest extent practicable, judges
and former judges who meet the
eligibility requirements should be
selected.
Adherence to the NAFTA Code of
Conduct for Binational Panelists
The ‘‘Code of Conduct for Dispute
Settlement Procedures Under Chapters
19 and 20’’ (see https://www.nafta-secalena.org/en/
view.aspx?x=345&mtpiID=ALL), which
was established pursuant to Article
1909 of the NAFTA, provides that
current and former Chapter 19 roster
members ‘‘shall avoid impropriety and
the appearance of impropriety and shall
observe high standards of conduct so
that the integrity and impartiality of the
dispute settlement process is
preserved.’’ The Code also provides that
candidates to serve on chapter 19
panels, as well as those who are
ultimately selected to serve as panelists,
have an obligation to ‘‘disclose any
interest, relationship or matter that is
likely to affect [their] impartiality or
independence, or that might reasonably
create an appearance of impropriety or
an apprehension of bias.’’ Annex 1901.2
of the NAFTA provides that roster
VerDate Mar<15>2010
16:24 Oct 18, 2010
Jkt 223001
members may engage in other business
while serving as panelists, subject to the
Code of Conduct and provided that such
business does not interfere with the
performance of the panelist’s duties. In
particular, Annex 1901.2 states that
‘‘[w]hile acting as a panelist, a panelist
may not appear as counsel before
another panel.’’
Procedures for Selection of Chapter 19
Roster Members
Section 402 establishes procedures for
the selection by the Office of the United
States Trade Representative (‘‘USTR’’) of
the individuals chosen by the United
States for inclusion on the Chapter 19
roster. The roster is renewed annually,
and applies during the one-year period
beginning April 1 of each calendar year.
Under Section 402, an interagency
committee chaired by USTR prepares a
preliminary list of candidates eligible
for inclusion on the Chapter 19 Roster.
After consultation with the Senate
Committee on Finance and the House
Committee on Ways and Means, USTR
selects the final list of individuals
chosen by the United States for
inclusion on the Chapter 19 roster.
Remuneration
Roster members selected for service
on a Chapter 19 binational panel will be
remunerated at the rate of 800 Canadian
dollars per day.
Applications
Eligible individuals who wish to be
included on the Chapter 19 roster for
the period April 1, 2011, through March
31, 2012, are invited to submit
applications. Persons submitting
applications may either send one copy
by fax to Sandy McKinzy at 202–395–
3640, or should be submitted
electronically to https://
www.regulations.gov, docket number
USTR–2010–0030.
To submit an application via https://
www.regulations.gov, enter docket
number USTR–2010–0030 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
https://www.regulations.gov Web site,
please consult the resources provided
on the Web site by clicking on the
‘‘Help’’ link at the top of the home page.)
The https://www.regulations.gov site
provides the option of providing
comments by filling in a ‘‘Type
Comment and Upload File’’ field, or by
PO 00000
Frm 00149
Fmt 4703
Sfmt 4703
64391
attaching a document. It is expected that
most applications will be provided in an
attached document. If a document is
attached, it is necessary and sufficient to
type ‘‘See attached’’ in the ‘‘Type
Comment and Upload File’’ field.
Applications must be typewritten,
and should be headed ‘‘Application for
Inclusion on NAFTA Chapter 19
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 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 AD/CVD law. Judges or
former judges should list relevant
judicial decisions. Only one copy of
publications, testimony, speeches, and
decisions need be submitted.
10. Summary of any current and past
employment by, or consulting or other
work for, the Governments of the United
States, Canada, or Mexico.
11. 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.
12. List of proceedings brought under
U.S., Canadian, or Mexican AD/CVD
law regarding imports of U.S., Canadian,
or Mexican products in which the
applicant advised or represented (for
example, as consultant or attorney) any
U.S., Canadian, or Mexican party to
such proceeding and, for each such
proceeding listed, the name and country
of incorporation of such party.
13. A short statement of qualifications
and availability for service on Chapter
19 panels, including information
relevant to the applicant’s familiarity
with international trade law and
willingness and ability to make time
commitments necessary for service on
panels.
E:\FR\FM\19OCN1.SGM
19OCN1
64392
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
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 international trade law.
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 the above e-mail
address or fax number.
Current Roster Members and Prior
Applicants
Current members of the Chapter 19
roster who remain interested in
inclusion on the Chapter 19 roster must
submit updated applications.
Individuals who have previously
applied but have not been selected may
reapply. If an applicant, including a
current or former roster member, has
previously submitted materials referred
to in item 9, such materials need not be
resubmitted.
The following statements are made in
accordance with the Privacy Act of
1974, as amended (5 U.S.C. 552a). The
authority for requesting information to
be furnished is section 402 of the
NAFTA Implementation Act. Provision
of the information requested above is
voluntary; however, failure to provide
the information will preclude your
consideration as a candidate for the
NAFTA Chapter 19 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 NAFTA dispute
settlement, and officials of the other
NAFTA Parties to select well-qualified
individuals for inclusion on the Chapter
19 roster and for service on Chapter 19
binational panels.
Public Disclosure
Applications normally will not be
subject to public disclosure and will not
be posted publicly on
www.regulations.gov. They may be
referred to other federal agencies in the
course of determining eligibility for the
roster, and shared with foreign
governments and the NAFTA Secretariat
in the course of panel selection.
mstockstill on DSKH9S0YB1PROD with NOTICES
False Statements
Pursuant to section 402(c)(5) of the
NAFTA Implementation Act, false
statements by applicants regarding their
personal or professional qualifications,
or financial or other relevant interests
that bear on the applicants’ suitability
for placement on the Chapter 19 roster
or for appointment to binational panels,
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
nomination to the NAFTA Chapter 19
roster. It is expected that the collection
of information burden will be under 3
hours. This collection of information
contains no annual reporting or record
keeping burden. This collection of
VerDate Mar<15>2010
16:24 Oct 18, 2010
Jkt 223001
Privacy Act
Steven F. Fabry,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. 2010–26302 Filed 10–18–10; 8:45 am]
BILLING CODE 3190–W1–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 290 (Sub-No. 322X); Docket
No. AB 414 (Sub-No. 5X)]
Norfolk Southern Railway Company—
Abandonment Exemption—in Polk
County, IA; Iowa Interstate Railroad—
Discontinuance of Service
Exemption—in Polk County, IA
Norfolk Southern Railway Company
(NSR) and Iowa Interstate Railroad
(IAIS) (collectively, applicants) have
jointly filed a verified notice of
exemption under 49 CFR pt. 1152
subpart F—Exempt Abandonments and
Discontinuances of Service for NSR to
abandon, and for IAIS to discontinue
service over, a 1.70-mile line of railroad
between milepost DU 353.00 and
milepost DU 354.70, in Grimes, Polk
County, Iowa.1 The line traverses
1 In 1995, IAIS was authorized to lease and
operate 13.9 miles of rail line owned by Norfolk and
PO 00000
Frm 00150
Fmt 4703
Sfmt 4703
United States Postal Service Zip Code
50111.
Applicants have certified that: (1) No
local traffic has moved over the line for
at least 2 years; (2) no overhead traffic
has moved over the line for at least 2
years and overhead traffic, if there were
any, could 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 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(c) (environmental 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 these exemptions,
any employee adversely affected by the
abandonment or discontinuance shall be
protected under Oregon Short Line
Railroad & The Union Pacific
Railroad—Abandonment Portion
Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 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 offer of financial
assistance (OFA) has been received,
these exemptions will be effective on
November 18, 2010, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues,2 formal expressions of intent to
file an OFA under 49 CFR
1152.27(c)(2),3 and trail use/rail banking
requests under 49 CFR 1152.29 must be
filed by October 29, 2010. Petitions to
reopen or requests for public use
conditions under 49 CFR 1152.28 must
be filed by November 8, 2010, with:
Surface Transportation Board, 395 E
Western Railway Company (NSR’s predecessor),
including the segment at issue here. Iowa Interstate
R.R.—Lease and Operation Exemption—Norfolk
and W. Ry., FD 32731 (ICC served Oct. 13, 1995).
2 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the abandonment
exemption’s effective date. See Exemption of Outof-Serv. 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.
3 Each OFA must be accompanied by the filing
fee, which is currently set at $1,500. See 49 CFR
1002.2(f)(25).
E:\FR\FM\19OCN1.SGM
19OCN1
Agencies
[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Notices]
[Pages 64390-64392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26302]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
North American Free Trade Agreement; Invitation for Applications
for Inclusion on the Chapter 19 Roster
AGENCY: Office of the United States Trade Representative.
ACTION: Invitation for applications.
-----------------------------------------------------------------------
SUMMARY: Chapter 19 of the North American Free Trade Agreement
(``NAFTA'') provides for the establishment of a roster of individuals
to serve on binational panels convened to review final determinations
in antidumping or countervailing duty (``AD/CVD'') proceedings and
amendments to AD/CVD statutes of a NAFTA Party. The United States
annually renews its selections for the Chapter 19 roster. Applications
are invited from eligible individuals wishing to be included on the
roster for the period April 1, 2011, through March 31, 2012.
DATES: Applications should be received no later than November 19, 2010.
ADDRESSES: Comments should be submitted (i) electronically to https://www.regulations.gov, docket number USTR-2010-0030, or (ii) by fax, to
Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Suzanne Garner, Assistant General
Counsel, Office of the United States Trade Representative, (202) 395-
9663.
SUPPLEMENTARY INFORMATION:
Binational Panel Reviews Under NAFTA Chapter 19
Article 1904 of the NAFTA provides that a party involved in an AD/
CVD proceeding may obtain review by a binational panel of a final AD/
CVD determination of one NAFTA Party with respect to the products of
another NAFTA Party. Binational panels decide whether such AD/CVD
determinations are in accordance with the domestic laws of the
importing NAFTA Party, and must use the standard of review that would
have been applied by a domestic court of the importing NAFTA Party. A
panel may uphold the AD/CVD determination, or may remand it to the
national administering authority for action not inconsistent with the
panel's decision. Panel decisions may be reviewed in specific
circumstances by a three-member extraordinary challenge committee,
selected from a separate roster composed of fifteen current or former
judges.
Article 1903 of the NAFTA provides that a NAFTA Party may refer an
amendment to the AD/CVD statutes of another NAFTA Party to a binational
panel for a declaratory opinion as to whether the amendment is
inconsistent with the General Agreement on Tariffs and Trade
(``GATT''), the GATT Antidumping or Subsidies Codes, successor
agreements, or the object and purpose of the NAFTA with regard to the
establishment of fair and predictable conditions for the liberalization
of trade. If the panel finds that the amendment is inconsistent, the
two NAFTA Parties shall consult and seek to achieve a mutually
satisfactory solution.
Chapter 19 Roster and Composition of Binational Panels
Annex 1901.2 of the NAFTA provides for the maintenance of a roster
of at least 75 individuals for service on Chapter 19 binational panels,
with each NAFTA Party selecting at least 25 individuals. A separate
five-person panel is formed for each review of a final AD/CVD
determination or statutory amendment. To form a panel, the two NAFTA
Parties involved each appoint two panelists, normally by drawing upon
individuals from the roster. If the Parties cannot agree upon the fifth
panelist, one of the Parties, decided by lot, selects the fifth
panelist from the roster. The majority of
[[Page 64391]]
individuals on each panel must consist of lawyers in good standing, and
the chair of the panel must be a lawyer.
Upon each request for establishment of a panel, roster members from
the two involved NAFTA Parties 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 roster member and,
if applicable, clients of the roster member's firm.
Criteria for Eligibility for Inclusion on Chapter 19 Roster
Section 402 of the NAFTA Implementation Act (Pub. L. 103-182, as
amended (19 U.S.C. 3432)) (``Section 402'') provides that selections by
the United States of individuals for inclusion on the Chapter 19 roster
are to be based on the eligibility criteria set out in Annex 1901.2 of
the NAFTA, and without regard to political affiliation. Annex 1901.2
provides that Chapter 19 roster members must be citizens of a NAFTA
Party, must be of good character and of high standing and repute, and
are to be chosen strictly on the basis of their objectivity,
reliability, sound judgment, and general familiarity with international
trade law. Aside from judges, roster members may not be affiliated with
any of the three NAFTA Parties. Section 402 also provides that, to the
fullest extent practicable, judges and former judges who meet the
eligibility requirements should be selected.
Adherence to the NAFTA Code of Conduct for Binational Panelists
The ``Code of Conduct for Dispute Settlement Procedures Under
Chapters 19 and 20'' (see https://www.nafta-sec-alena.org/en/view.aspx?x=345&mtpiID=ALL), which was established pursuant to Article
1909 of the NAFTA, provides that current and former Chapter 19 roster
members ``shall avoid impropriety and the appearance of impropriety and
shall observe high standards of conduct so that the integrity and
impartiality of the dispute settlement process is preserved.'' The Code
also provides that candidates to serve on chapter 19 panels, as well as
those who are ultimately selected to serve as panelists, have an
obligation to ``disclose any interest, relationship or matter that is
likely to affect [their] impartiality or independence, or that might
reasonably create an appearance of impropriety or an apprehension of
bias.'' Annex 1901.2 of the NAFTA provides that roster members may
engage in other business while serving as panelists, subject to the
Code of Conduct and provided that such business does not interfere with
the performance of the panelist's duties. In particular, Annex 1901.2
states that ``[w]hile acting as a panelist, a panelist may not appear
as counsel before another panel.''
Procedures for Selection of Chapter 19 Roster Members
Section 402 establishes procedures for the selection by the Office
of the United States Trade Representative (``USTR'') of the individuals
chosen by the United States for inclusion on the Chapter 19 roster. The
roster is renewed annually, and applies during the one-year period
beginning April 1 of each calendar year.
Under Section 402, an interagency committee chaired by USTR
prepares a preliminary list of candidates eligible for inclusion on the
Chapter 19 Roster. After consultation with the Senate Committee on
Finance and the House Committee on Ways and Means, USTR selects the
final list of individuals chosen by the United States for inclusion on
the Chapter 19 roster.
Remuneration
Roster members selected for service on a Chapter 19 binational
panel will be remunerated at the rate of 800 Canadian dollars per day.
Applications
Eligible individuals who wish to be included on the Chapter 19
roster for the period April 1, 2011, through March 31, 2012, are
invited to submit applications. Persons submitting applications may
either send one copy by fax to Sandy McKinzy at 202-395-3640, or should
be submitted electronically to https://www.regulations.gov, docket
number USTR-2010-0030.
To submit an application via https://www.regulations.gov, enter
docket number USTR-2010-0030 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 https://www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on the ``Help'' link at the top of the home
page.)
The https://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
applications will be provided in an attached document. If a document is
attached, it is necessary and sufficient to type ``See attached'' in
the ``Type Comment and Upload File'' field.
Applications must be typewritten, and should be headed
``Application for Inclusion on NAFTA Chapter 19 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 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 AD/CVD law. Judges or former judges should list
relevant judicial decisions. Only one copy of publications, testimony,
speeches, and decisions need be submitted.
10. Summary of any current and past employment by, or consulting or
other work for, the Governments of the United States, Canada, or
Mexico.
11. 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.
12. List of proceedings brought under U.S., Canadian, or Mexican
AD/CVD law regarding imports of U.S., Canadian, or Mexican products in
which the applicant advised or represented (for example, as consultant
or attorney) any U.S., Canadian, or Mexican party to such proceeding
and, for each such proceeding listed, the name and country of
incorporation of such party.
13. A short statement of qualifications and availability for
service on Chapter 19 panels, including information relevant to the
applicant's familiarity with international trade law and willingness
and ability to make time commitments necessary for service on panels.
[[Page 64392]]
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
international trade law.
Current Roster Members and Prior Applicants
Current members of the Chapter 19 roster who remain interested in
inclusion on the Chapter 19 roster must submit updated applications.
Individuals who have previously applied but have not been selected may
reapply. If an applicant, including a current or former roster member,
has previously submitted materials referred to in item 9, such
materials need not be resubmitted.
Public Disclosure
Applications normally will not be subject to public disclosure and
will not be posted publicly on www.regulations.gov. They may be
referred to other federal agencies in the course of determining
eligibility for the roster, and shared with foreign governments and the
NAFTA Secretariat in the course of panel selection.
False Statements
Pursuant to section 402(c)(5) of the NAFTA Implementation Act,
false statements by applicants regarding their personal or professional
qualifications, or financial or other relevant interests that bear on
the applicants' suitability for placement on the Chapter 19 roster or
for appointment to binational panels, 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 nomination to the NAFTA Chapter 19
roster. It is expected that the collection of information burden will
be under 3 hours. This collection of information contains no annual
reporting or record keeping 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 the above e-mail
address or fax number.
Privacy Act
The following statements are made in accordance with the Privacy
Act of 1974, as amended (5 U.S.C. 552a). The authority for requesting
information to be furnished is section 402 of the NAFTA Implementation
Act. Provision of the information requested above is voluntary;
however, failure to provide the information will preclude your
consideration as a candidate for the NAFTA Chapter 19 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 NAFTA dispute
settlement, and officials of the other NAFTA Parties to select well-
qualified individuals for inclusion on the Chapter 19 roster and for
service on Chapter 19 binational panels.
Steven F. Fabry,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2010-26302 Filed 10-18-10; 8:45 am]
BILLING CODE 3190-W1-P