Federal Register / Vol. 62, No. 200 / Thursday, October 16, 1997 / Notices 53855

(1) Must so designate that information

or advice;

(2) Must clearly mark the material as

‘‘SUBMITTED IN CONFIDENCE’’ in a

contrasting color ink at the top of each

page of each copy; and

(3) Is encouraged to provide a nonconfidential summary of the

information or advice.

Pursuant to section 127(e) of the

URAA (19 U.S.C. 3537(e)), USTR will

maintain a file on this dispute

settlement proceeding, accessible to the

public, in the USTR Reading Room:

Room 101, Office of the United States

Trade Representative, 600 17th Street,

NW., Washington, DC 20508. The public

file will include a listing of any

comments received by USTR from the

public with respect to the proceeding;

the U.S. submissions to the panel in the

proceeding; the submissions, or nonconfidential summaries of submissions,

to the panel received from other

participants in the dispute, as well as

the report of the dispute settlement

panel and, if applicable, the report of

the Appellate Body. An appointment to

review the public file (Docket WTO/D–

19, ‘‘Korea Spirits Dispute’’) may be

made by calling Brenda Webb, (202)

395–6186. The USTR Reading Room is

open to the public from 9:30 a.m. to 12

noon and 1 p.m. to 4 p.m., Monday

through Friday.

A. Jane Bradley,

Assistant U.S. Trade Representative for

Monitoring and Enforcement.

[FR Doc. 97–27481 Filed 10–15–97; 8:45 am]

BILLING CODE 3190–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. WTO/D–21]

WTO Dispute Settlement Proceeding

Regarding Indian Import Restrictions

on Agricultural, Textile and Industrial

Products

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice; request for comments.

SUMMARY: Pursuant to section 127(b)(1)

of the Uruguay Agreements Act (URAA)

(19 U.S.C. 3527(b)(1)), the Office of the

United States Trade Representative

(USTR) is providing notice that the

United States has requested

establishment of a dispute settlement

panel under the Agreement Establishing

the World Trade Organization (WTO), to

examine quantitative restrictions

maintained by India on over 2700

agricultural, textile and industrial

product tariff lines. In this dispute the

United States alleges that India’s

quantitative restrictions are inconsistent

with Articles XI, XIII and XVIIII of the

General Agreement on Tariffs and Trade

1994 (GATT 1994), and Article 4.2 of

the WTO Agreement on Agriculture,

and Article 3 of the WTO Agreement on

Imports Licensing Procedures. USTR

also invites written comments from the

public concerning the issues raised in

the dispute.

DATES: Although USTR will accept any

comments received during the course of

the dispute settlement proceedings,

comments should be submitted on or

before November 10, 1997 to be assured

if timely consideration by USTR in

preparing its first written submission to

the panel.

ADDRESSES: Comments may be

submitted to Ileana Falticeni, Office of

Monitoring and Enforcement, Room

501, Attn: India Import Restrictions

Dispute, Office of the U.S. Trade

Representative, 600 17th Street, NW.,

Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

Rick Ruzicka, Office of Asian & the

Pacific (202) 395–4755, Elena Bryan,

Office of WTO and Multilateral Affairs,

(202) 395–5079, Amelia Porges, Senior

Counsel for Dispute Settlement, (202)

395–7305, or Gregory Gerdes, Office of

Monitoring and Enforcement, (202) 395–

3582).

SUPPLEMENTARY INFORMATION: On

October 3, 1997, the United States

requested the establishment of a WTO

dispute settlement panel to examine

whether quantitative restrictions

maintained by India are inconsistent

with India’s obligation under the GATT

1994, the Agreement on Agriculture and

the Agreement on Import Licensing

Procedures. The WTO Dispute

Settlement Body is likely to establish

the panel no later than November 18,

1997. Under normal circumstances, the

panel, which will hold its meetings in

Geneva, Switzerland, would be

expected to issue a report detailing

findings and recommendations within

nine months after it is established.

Major Issues Raised by the United

States and Legal Basis of Complaint

Since the 1940s, India has maintained

quantitative restrictions on imports of

many agricultural, textile and industrial

products. These restrictions were

formerly maintained under provisions

of the GATT which permit import

restrictions to protect against a serious

decline in a GATT member’s foreign

exchange reserves, or in the case of a

GATT member with inadequate

reserves, to achieve a reasonable rate of

increase in those reserves. However,

India’s foreign exchange situation no

longer justifies import restrictions; this

fact has been recognized by the

International Monetary Fund.

There are currently 2,714 eight-digit

Indian tariff line items (one third of

India’s tariff schedule) subject to import

restrictions or prohibitions for which no

claim of legal justification has been

made other than the GATT balance-ofpayments provisions. These items are

also subject to a complex and nontransparent import licensing system.

The United States believes that these

measures are inconsistent with several

provisions of the WTO agreements. It

appears that India’s maintenance of

import quotas is inconsistent with

Articles XI:1 and XVIII:11 of the GATT

1994, and is not justified as a balanceof-payments measure under Article

XVIII of the GATT 1994; India’s

maintenance of import quotas is also

inconsistent with Article 4.2 of the

Agreement on Agriculture; and India’s

import licensing procedures and

practices are inconsistent with Article

XIII:3(b) of the GATT 1994 and Article

3 of the Agreement on Import Licensing

Procedures.

Public Comment: Requirements for

Submissions

Interested persons are invited to

submit written comments concerning

the issues raised in the dispute.

Comments must be in English and

provided in fifteen copies. 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 commenter.

Confidential business information must

be clearly marked ‘‘BUSINESS

CONFIDENTIAL’’ in a contrasting color

ink at the top of each page of each copy.

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 so designate that information

or advice;

(2) Must clearly mark the material as

‘‘SUBMITTED IN CONFIDENCE’’ in a

contrasting color ink at the top of each

page of each copy; and

(3) Is encouraged to provide a nonconfidential summary of the

information or advice.

Pursuant to section 127(e) of the

URAA (19 U.S.C. 3537(e)), USTR will

maintain a file on this dispute
53856 Federal Register / Vol. 62, No. 200 / Thursday, October 16, 1997 / Notices

settlement proceeding, accessing to the

public in the USTR Reading Room:

Room 101, Office of the United States

Trade Representative, 600 17th Street,

NW., Washington DC 20508. The public

file will include a listing of any

comments received by USTR from the

public with respect to the proceeding;

the U.S. submissions to the panel in the

proceeding; the submissions, or nonconfidential summaries of submissions,

to the panel received from other

participants in the dispute, as well as

the report of the dispute settlement

panel and, if applicable, the report of

the Appellate Body. An appointment to

review the public file (Docket WTO/D–

21 (‘‘India Import Restrictions Dispute’’)

may be made by calling Brenda Webb,

(202) 395–6186. The USTR Reading

Room is open to the public from 9:30

a.m. to 12 noon and 1 p.m. to 4 p.m.,

Monday through Friday.

Amelia Porges,

Senior Counsel for Dispute Settlement.

[FR Doc. 97–27482 Filed 10–15–97; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Index of Administrator’s Decisions and

Orders in Civil Penalty Actions;

Publication

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of publication.

SUMMARY: This notice constitutes the

required quarterly publication of an

index of the Administrator’s decisions

and orders in civil penalty cases. This

publication represents the quarter

ending on September 30, 1997. This

pubication ensures that the agency is in

compliance with statutory indexing

requirements.

FOR FURTHER INFORMATION CONTACT:

James S. Dillman, Assistant Chief

Counsel for Litigation (AGC–400),

Federal Aviation Administration, 400

7th Street, SW., Suite PL 200–A,

Washington, DC 20590: telephone (202)

366–4118.

SUPPLEMENTARY INFORMATION: The

Administrative Procedure Act requires

Federal agencies to maintain and make

available for public inspection and

copying current indexes containing

identifying information regarding

materials required to be made available

or published. 5 U.S.C. 552(a)92). In a

notice issued on July 11, 1990, and

published in the Federal Register (55

FR 29148; July 15, 1990), the FAA

announced the public availability of

several indexes and summaries that

provide identifying information about

the decisions and order issued by the

Administrator under the FAA’s civil

penalty assessment authority and the

rules of practice governing hearings and

appeals of civil penalty actions. 14 CFR

part 13, Subpart G.

The FAA maintains an index of the

Administrator’s decisions and orders in

civil penalty actions organized by order

number and containing identifying

information about each decision or

order. The FAA also maintains a

cumulative subject-matter index and

digests organized by order number.

The indexes are published on a

quarterly basis (i.e., January, April, July,

and October.) This publication

represents the quarter ending on

September 30, 1997.

The FAA first published these

indexes and digests for all decisions and

orders issued by the Administrator

through September 30, 1990. 55 FR

45984; October 31, 1990. The FAA

announced in that notice that only the

subject-matter index would be

published cumulatively and that the

order number index would be noncumulative. The FAA announced in a

later notice that the order number

indexes published in January would

reflect all of the civil penalty decisions

for the previous year. 58 FR 5044; Jan.

19, 1993.

The previous quarterly publications of

the indexes of the Administrator’s

decisions and orders in civil penalty

cases have appeared in the Federal

Register as follows:

Dates of quarter Federal Register

publication

11/1/89–9/30/90 .... 55 FR 45984; 10/31/90.

10/1/90–12/31/90 .. 56 FR 44886; 2/6/91.

1/1/91–3/31/91 ...... 56 FR 20250; 5/2/91.

4/1/91–6/30/91 ...... 56 FR 31984; 7/12/91.

7/1/91–9/30/91 ...... 56 FR 51735; 10/15/91.

Dates of quarter Federal Register

publication

10/1/91–12/31/91 .. 57 FR 2299; 1/21/92.

1/1/92–3/31/92 ...... 57 FR 12359; 4/9/92.

4/1/92–6/30/92 ...... 57 FR 32825; 7/23/92.

7/1/92–9/30/92 ...... 57 FR 48255; 10/22/92.

10/1/92–12/31/92 .. 58 FR 5044; 1/19/93.

1/1/93–3/31/93 ...... 58 FR 21199; 4/19/93.

4/1/93–6/30/93 ...... 58 FR 42120; 8/6/93.

7/1/93–9/30/93 ...... 58 FR 58218; 10/29/93.

10/1/93–12/31/93 .. 59 FR 5466; 2/4/94.

1/1/94–3/31/94 ...... 59 FR 22196; 4/29/94.

4/1/94–6/30/94 ...... 59 FR 39618; 8/3/94.

7/1/94–12/31/94 .... 60 FR 4454; 1/23/95.

1/1/95–3/31/95 ...... 60 FR 19318; 4/17/95.

4/1/95–6/30/95 ...... 60 FR 36854; 7/18/95.

7/1/95–9/30/95 ...... 60 FR 53228; 10/12/95.

10/1/95–12/31/95 .. 61 FR 1972; 1/24/96.

1/1/96–3/31/96 ...... 61 FR 16955; 4/18/96.

4/1/96–6/30/96 ...... 61 FR 37526; 7/18/96.

7/1/96–9/30/96 ...... 61 FR 54833; 10/22/96.

10/1/96–12/31/96 .. 62 FR 2434; 1/16/97.

1/1/97–3/31/97 ...... 62 FR 24533; 5/2/97.

4/1/97–6/30/97 ...... 62 FR 38339; 7/17/97.

The civil penalty decisions and

orders, and the indexes and digests are

available in FAA offices. In addition,

the Administrator’s civil penalty

decisions have been published by

commercial publishers (Hawkins

Publishing Company and Clark

Boardman Callahan) and are available

on computer on-line services (Westlaw,

LEXIS, Compuserve and FedWorld).

(The addresses of FAA offices where the

civil penalty decisions may be reviewed

and information regarding these

commercial publications and computer

databases is provided at the end of this

notice.)

CIVIL PENALTY ACTIONS—ORDERS

ISSUED BY THE ADMINISTRATOR

ORDER NUMBER INDEX

(This index includes all decisions and

orders issued by the Administrator from

July 1, 1997 to September 30, 1997.)

97–24—Gordon Air Services

7/1/97—CP96SO0160

97–25—Peter A. Martin & James C.

Jaworski

7/17/97—CP06WP0117, CP96WP0025

97–26—Delta Air Lines, Inc.

8/13/97—CP97NM0001

97–27—Lock Haven Airmotive Co., Inc.

8/20/97—CP96NE0059

97–28—Continental Airlines, Inc.

9/26/97—CP94WP0168

Civil Penalty Actions—Orders Issued By the Administrator

Subject Matter Index

(Current as of September 30, 1997)

Administrative Law Judges—Power and Authority:

Continuance of hearing ..................................................................... 91–11 Continental Airlines; 92–29 Haggland.

Credibility findings .............................................................................. 90–21 Carroll; 92–3 Park; 93–17 Metcalf; 94–3 Valley Air; 94–4 Northwest Aircraft Rental; 95–25 Conquest; 95–26 Hereth; 97–20 Werle.