67422 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

workshops, meetings, symposia, and 

other international events related to 

safety, sustainability, responsible 

behavior, and emerging markets in outer 

space until December 31, 2024. 

ADDRESSES: Solicitations for private 

sector participation in specific events, 

including event dates and locations, 

will be posted at least 30 days prior to 

the event on https://www.state.gov/ 

remarks-and-releases-bureau-of-oceansand-international-environmental-andscientific-affairs/. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Guglietta, Foreign Affairs Officer, 

Office of Space Affairs, Bureau of 

Oceans and International Environmental 

and Scientific Affairs, Department of 

State, Washington, DC 20522, email 

gugliettart@state.gov. 

SUPPLEMENTARY INFORMATION: Events 

will vary in location and format, to 

include fully online, hybrid, and inperson activities. Short notice 

modification of plans may be required 

in response to unpredictable factors. 

Meetings may be stand alone or on the 

margins of related events, which may 

include, but are not limited to, the 

United Nations Committee on the 

Peaceful Uses of Outer Space 

(UNCOPUOS) Scientific and Technical 

Subcommittee (STSC), the UNCOPUOS 

Legal Subcommittee (LSC), the 

UNCOPUOS plenary, the 2024 Summit 

of the Future, events organized by the 

UN Office of Outer Space Affairs, and 

other engagements. There may also be 

additional opportunities to provide 

expert views related to domestic 

policies and U.S. positions in other 

international diplomatic fora. Please 

note the limited number of slots for nonUSG participation in many events. 

Participants should focus on the 

following: 

Safety: Identify key safety issues for 

crewed and/or uncrewed outer space 

operations. Discuss current attempts to 

address these issues and suggest new 

concerns that may develop as private 

sector space activities advance and 

evolve. 

Sustainability: Explore efforts to 

promote responsible behavior in space. 

Examine best practices and guidelines 

aimed at preserving the outer space 

environment for future space 

investment, exploration and use. In 

particular, implementation of the 2019 

UNCOPUOS Long-Term Sustainability 

(LTS) guidelines and the multi-nation 

Artemis Accords should be considered. 

Emerging Markets: Discuss the 

challenges to an economically viable 

space industry and how these 

challenges relate to the domestic 

regulatory and international governance 

frameworks. Share recent advances 

within the commercial space sector and 

how they may develop in the future. 

Evaluate how an expanding commercial 

sector may affect equities like terrestrial 

based astronomy, planetary protection, 

orbital debris mitigation, and other 

aspects of safe and sustainable 

operations in outer space. 

Valda Vikmanis-Keller, 

Director, Office of Space Affairs, Department 

of State. 

[FR Doc. 2023–21537 Filed 9–28–23; 8:45 am] 

BILLING CODE 4710–09–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2023–0011] 

Applications for Inclusion on the 

Binational Panels Roster Under the 

United States-Mexico-Canada 

Agreement 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Invitation for applications. 

SUMMARY: The United States-MexicoCanada Agreement (USMCA) 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 USMCA Party. The 

United States annually renews its 

selections for the roster. The Office of 

the United States Trade Representative 

(USTR) invites applications from 

eligible individuals wishing to be 

included on the roster for the period 

April 1, 2024, through March 31, 2025. 

DATES: USTR must receive your 

application by November 30, 2023. 

ADDRESSES: You should submit your 

application through the Federal 

eRulemaking Portal: http://

www.regulations.gov (regs.gov), using 

docket number USTR–2023–0011. 

Follow the instructions for submitting 

comments below. 

FOR FURTHER INFORMATION CONTACT: 

Thor Petersen, Assistant General 

Counsel, Thorvald.J.Petersen@

ustr.eop.gov, (202) 395–9599. 

SUPPLEMENTARY INFORMATION: 

A. Binational Panel AD/CVD Reviews 

Under the USMCA 

Article 10.12 of the USMCA 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 USMCA Party 

with respect to the products of another 

USMCA Party. Binational panels decide 

whether AD/CVD determinations are in 

accordance with the domestic laws of 

the importing USMCA Party using the 

standard of review that would have 

been applied by a domestic court of the 

importing USMCA 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 threemember extraordinary challenge 

committee, selected from a separate 

roster composed of fifteen current or 

former judges. 

Article 10.11 of the USMCA provides 

that a USMCA Party may refer an 

amendment to the AD/CVD statutes of 

another USMCA 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 USMCA 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 USMCA Parties 

must consult and seek to achieve a 

mutually satisfactory solution. 

B. Roster and Composition of 

Binational Panels 

Annex 10–B.1 of the USMCA 

provides for the maintenance of a roster 

of at least 75 individuals for service on 

chapter 10 binational panels, with each 

USMCA 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 USMCA 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 

individuals on each panel must consist 

of lawyers in good standing, and the 

chair of the panel must be a lawyer. 

When there is a request to establish a 

panel, roster members from the two 

involved USMCA Parties will complete 

a disclosure form that 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 clients of the roster member 

and, if applicable, clients of the roster 

member’s firm. 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 67423 

C. Criteria for Eligibility for Inclusion 

on Roster 

The United States bases the selection 

of individuals for inclusion on the 

chapter 10 roster on the eligibility 

criteria set out in Annex 10–B.1 of the 

USMCA. Annex 10–B.1 provides that 

chapter 10 roster members must be 

citizens of a USMCA 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 the governments of any of 

the three USMCA Parties. Annex 10–B.1 

also provides that, to the fullest extent 

practicable, the roster shall include 

judges and former judges. 

USTR is committed to diversity, 

equity, inclusion, and accessibility, and 

encourages all qualified individuals to 

apply. 

D. Adherence to the USMCA Code of 

Conduct for Binational Panelists 

The Code of Conduct under chapter 

10 and chapter 31 (Dispute Settlement) 

(see https://can-mex-usa-sec.org/ 

secretariat/agreement-accord-acuerdo/ 

usmca-aceum-tmec/code-code-codigo.

aspx?lang=eng), which was established 

pursuant to Article 10.17 of the 

USMCA, provides that current and 

former chapter 10 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 of Conduct also provides that 

candidates to serve on chapter 10 

panels, as well as those who ultimately 

are 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 10–B.1 

of the USMCA 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 10–B.1 states that 

‘‘[w]hile acting as a panelist, a panelist 

may not appear as counsel before 

another panel.’’ 

E. Procedures for Selection of Roster 

Members 

Section 412 of the United StatesMexico-Canada Agreement 

Implementation Act (Pub. L. 116–113 

(19 U.S.C. 4582)), establishes 

procedures for the selection by USTR of 

the individuals chosen by the United 

States for inclusion on the chapter 10 

roster. The roster is renewed annually, 

and applies during the one-year period 

beginning April 1st of each calendar 

year. 

Under Section 412, an interagency 

committee chaired by USTR prepares a 

preliminary list of candidates eligible 

for inclusion on the chapter 10 roster. 

After consultation with the Senate 

Committee on Finance and the House 

Committee on Ways and Means, the 

U.S. Trade Representative selects the 

final list of individuals chosen by the 

United States for inclusion on the 

chapter 10 roster. 

F. Applications 

USTR invites eligible individuals who 

wish to be included on the chapter 10 

roster for the period April 1, 2024, 

through March 31, 2025, to submit 

applications. In order to be assured of 

consideration, USTR must receive your 

application by November 30, 2023. 

Submit applications electronically to 

regs.gov, using docket number USTR– 

2023–0011. For technical questions on 

submitting comments on regs.gov, 

please contact the regs.gov help desk at 

regulationshelpdesk@gsa.gov or 1–866– 

498–2945. If you are unable to submit 

through regs.gov after seeking assistance 

from the help desk, please contact 

Sandy McKinzy at (202) 395–9483 

before transmitting your application and 

in advance of the deadline. 

In order to ensure the timely receipt 

and consideration of applications, USTR 

strongly encourages applicants to make 

on-line submissions, using regs.gov. To 

apply via regs.gov, enter docket number 

USTR–2023–0011 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 ‘comment now’ link. For 

further information on using the 

regs.gov website, please consult the 

resources provided on the website by 

clicking on ‘How to Use 

Regulations.gov’ on the bottom of the 

page. 

Regs.gov allows users to provide 

comments by filling in a ‘type comment’ 

field, or by attaching a document using 

an ‘upload file’ field. USTR prefers that 

applications be provided in an attached 

document. If a document is attached, 

please type ‘‘Application for Inclusion 

on USMCA Chapter 10 Roster’’ in the 

‘upload file’ field. USTR prefers 

submissions in Microsoft Word (.doc) or 

Adobe Acrobat (.pdf). If the submission 

is in an application other than those 

two, please indicate the name of the 

application in the ‘type comment’ field. 

Applications must be typewritten, 

and should be headed ‘‘Application for 

Inclusion on USMCA Chapter 10 

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 email 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. Submit only one 

copy of publications, testimony, 

speeches, and decisions. 

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 

10 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. 

14. On a separate page, the names, 

addresses, email addresses, telephone 

and fax numbers of three individuals 

willing to provide information 


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67424 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

concerning the applicant’s 

qualifications for service, including the 

applicant’s character, reputation, 

reliability, judgment, and familiarity 

with international trade law. 

G. Current Roster Members and Prior 

Applicants 

Current members of the chapter 10 

roster who remain interested in 

inclusion on the chapter 10 roster only 

need to indicate that they are reapplying 

and submit updates (if any) to their 

applications on file. Current members 

do not need to resubmit their 

applications. Individuals who 

previously have applied but have not 

been selected must submit new 

applications to 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. 

H. Public Disclosure 

Applications are covered by a Privacy 

Act System of Records Notice and are 

not subject to public disclosure and will 

not be posted publicly on regs.gov. They 

may be referred to other federal agencies 

and Congressional committees in the 

course of determining eligibility for the 

roster, and shared with foreign 

governments and the USMCA 

Secretariat in the course of panel 

selection. 

I. False Statements 

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 10 roster or for appointment 

to binational panels, are subject to 

criminal sanctions under 18 U.S.C. 

1001. 

Juan Millan, 

Deputy General Counsel for Monitoring and 

Enforcement, Office of the United States 

Trade Representative. 

[FR Doc. 2023–21531 Filed 9–28–23; 8:45 am] 

BILLING CODE 3290–F3–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Revised Form FHWA–1273 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of revised Form FHWA– 

1273 ‘‘Required Contract Provisions 

Federal-Aid Construction Contracts’’ 

(FHWA–1273). This form includes 

certain contract provisions that are 

required on all Federal-aid construction 

contracts. This form also includes 

proposal notices that Federal-aid 

recipients must incorporate or reference 

in all solicitation-for-bids or request-forproposals documents for Federal-aid 

construction projects. The changes to 

the form are those necessary to conform 

to the U.S. Department of Labor’s (DOL) 

August 23, 2023, final rule amending 

the Davis-Bacon Act (DBA) and the 

Davis-Bacon Related Acts (DBRA) 

implementing regulations and are 

aligned with the effective date of those 

regulations. 

DATES: The revised Form FHWA–1273 

is effective October 23, 2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James DeSanto, Office of 

Preconstruction, Construction and 

Pavements, (614) 357–8515, 

james.desanto@dot.gov or Mr. Silvio J. 

Morales, Office of Chief Counsel, (443) 

835–8344, silvio.morales@dot.gov, 

Federal Highway Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590. Office hours are from 8:00 a.m. 

to 4:30 p.m., EST, Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: On March 

18, 2022, the DOL published a notice of 

proposed rulemaking (NPRM), 87 FR 

15698, proposing to update and 

modernize the regulations at 29 CFR 

parts 1, 3, and 5, which implement the 

DBA and the DBRA. The DBA requires 

the payment of locally prevailing wages 

and fringe benefits on Federal contracts 

for construction. The DBA prevailing 

wage requirements were subsequently 

incorporated into Title 23 of the United 

States Code (U.S.C.) and are thus 

applicable to Federal-aid highway 

construction contracts. 23 U.S.C. 113. In 

compliance with the latter FHWA 

requires that all Federal-aid highway 

construction contracts physically 

incorporate the DBA prevailing wage 

requirements via FHWA–1273. See 23 

CFR 633.102. 

After considering public comments on 

the NPRM, the DOL on August 23, 2023, 

published a final rule notice in the 

Federal Register at 88 FR 57526, 

adopting, with some modifications, the 

NPRM’s proposed changes to the DBA 

prevailing wage regulations at 29 CFR 

parts 1, 3, and 5. The modifications to 

the required contract provisions 

contained in 29 CFR 5.5 are applicable 

to the DBA prevailing wage 

requirements within FHWA–1273. 

Pursuant to 23 CFR 633.104(a), FHWA 

has updated Form FHWA–1273 to be 

consistent with the new regulatory 

requirements. As such, and in 

accordance with 23 CFR part 633, 

subpart A, the revised Form FHWA– 

1273, which can be found at https://

www.fhwa.dot.gov/programadmin/ 

contracts/1273/1273.pdf, must be used 

by recipients and contractors, including 

subcontractors at all tiers, as applicable 

under the regulations. As specified in 

DOL’s final rule, the new regulations are 

applicable to all contracts awarded on 

or after October 23, 2023. Accordingly, 

States and other contracting agencies 

must use the revised Form FHWA–1273 

in all prime construction contracts for 

Federal-aid construction projects 

awarded on or after October 23, 2023, as 

well as all subcontracts, including 

lower-tier subcontracts, that are 

awarded under such prime contracts. 

Authority: 23 U.S.C. 113; 23 CFR 

633.104; 29 CFR 5.5. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

[FR Doc. 2023–21306 Filed 9–28–23; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2023–0005] 

Surface Transportation Project 

Delivery Program; Arizona Department 

of Transportation Draft FHWA Audit 

Report 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice; request for comment. 

SUMMARY: The Moving Ahead for 

Progress in the 21st Century Act 

established the Surface Transportation 

Project Delivery Program (referred to as 

National Environmental Policy Act 

(NEPA) Assignment Program), allows a 

State to assume FHWA’s environmental 

responsibilities for environmental 

review, consultation, and compliance 

under NEPA. When a State assumes 

these Federal responsibilities, the State 

becomes solely responsible and liable 

for carrying out the responsibilities it 

has assumed, in lieu of FHWA. This 

program mandates annual audits during 

each of the first 4 years of State 

participation to ensure compliance with 

program requirements. This is the third 

audit of the Arizona Department of 

Transportation’s (ADOT) performance of 

its responsibilities under the NEPA 

Assignment Program. This notice 

announces and solicits comments on the 

third audit report for ADOT. 


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