Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices 59015

Committee (TPSC) is requesting

interested parties to assist it in

identifying significant barriers to U.S.

exports of goods, services and overseas

direct investment for inclusion in the

NTE. Particularly important are

impediments materially affecting the

actual and potential financial

performance of an industry sector. The

TPSC invites written comments that

provide views relevant to the issues to

be examined in preparing the NTE.

DATES: Public comments are due not

later than December 5, 1997.

ADDRESSES: Gloria Blue, Executive

Secretary, Trade Policy Staff Committee,

Office of the United States Trade

Representative, 600 17th Street, NW.,

Room 501, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

Gregory Gerdes, Office of the General

Counsel, Office of the United States

Trade Representative, (202) 395–9493.

SUPPLEMENTARY INFORMATION: The

information submitted should relate to

one or more of the following nine

categories of foreign trade barriers:

(1) Import policies (e.g., tariffs and

other import charges, quantitative

restrictions, import licensing, and

customs barriers);

(2) Standards, testing, labeling, and

certification (including unnecessarily

restrictive application of phytosanitary

standards, refusal to accept U.S.

manufacturers’ self-certification of

conformance to foreign product

standards, and environmental

restrictions);

(3) Government procurement (e.g.,

‘‘buy national’’ policies and closed

bidding);

(4) Export subsidies (e.g., export

financing on preferential terms and

agricultural export subsidies that

displace U.S. exports in third country

markets);

(5) Lack of intellectual property

protection (e.g., inadequate patent,

copyright, and trademark regimes);

(6) Services barriers (e.g., limits on the

range of financial services offered by

foreign financial institutions, regulation

of international data flows, restrictions

on the use of data processing, quotas on

imports of foreign films, and barriers to

the provision of services by

professionals (e.g., lawyers, doctors,

accountants, engineers, nurses, etc.));

(7) Investment barriers (e.g.,

limitations on foreign equity

participation and on access to foreign

government-funded R&D consortia, local

content, technology transfer and export

performance requirements, and

restrictions on repatriation of earnings,

capital, fees and royalties);

(8) Anticompetitive practices with

trade effects tolerated by foreign

governments (including anticompetitive

activities of both state-owned and

private firms that apply to services or to

goods and that restrict the sale of U.S.

products to any firm, not just to foreign

firms that perpetuate the practices; and

(9) Other barriers (e.g., barriers that

encompass more than one category, e.g.,

bribery and corruption, or that affect a

single sector).

As in the case of last year’s NTE, we

are asking that particular emphasis be

placed on any practices that may violate

U.S. trade agreements. We are also

interested in receiving any new or

updated information pertinent to the

barriers covered in last year’s report as

well as new information. Please note

that the information not used in the

NTE will be maintained for use in future

negotiations.

It is MOST IMPORTANT that your

submission contain estimates of the

potential increase in exports that would

result from the removal of the barrier, as

well as a clear discussion of the

method(s) by which the estimates were

computed. Estimates should fall within

the following value ranges: less than $5

million; $5 to $25 million; $25 million

to $50 million; $50 million to $100

million; $100 million to $500 million; or

over $500 million. Such assessments

enhance USTR’s ability to conduct

meaningful comparative analyses of a

barrier’s effect over a range of

industries.

Please note that interested parties

discussing barriers in more than one

country should provide a separate

submission (i.e., one that is selfcontained) for each country.

Written Comments

All written comments should be

addressed to: Gloria Blue, Executive

Secretary, Trade Policy Staff Committee,

Office of the United States Trade

Representative, 600 17th Street N.W.,

Room 501, Washington, D.C. 20508.

All submissions must be in English

and should conform to the information

requirements of 15 CFR 2003.

A party must provide ten copies of its

submission which must be received at

USTR no later than December 5, 1997.

If the submission contains business

confidential information, ten copies of a

non-confidential version must also be

submitted. A justification as to why the

information contained in the

submission should be treated

confidentially must be included in the

submission. In addition, any

submissions containing business

confidential information must be clearly

marked ‘‘Confidential’’ at the top and

bottom of the cover page (or letter) and

of each succeeding page of the

submission. The version that does not

contain confidential information should

also be clearly marked, at the top and

bottom of each page, ‘‘public version’’ or

‘‘non-confidential.’’

Written comments submitted in

connection with this request, except for

information granted ‘‘business

confidential’’ status pursuant to 15 CFR

2003.6, will be available for public

inspection shortly after the filing

deadline. Inspection is by appointment

only with the staff of the USTR Public

Reading Room and can be arranged by

calling (202) 395–6186.

Frederick L. Montgomery.

Chairman, Trade Policy Staff Committee.

[FR Doc. 97–28914 Filed 10–30–97; 8:45 am]

BILLING CODE 3190–01–M

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, 1998

through March 31, 1999.

DATES: Applications should be received

no later than December 1, 1997.

ADDRESSES: Applications should be sent

to Ms. Sybia Harrison, Attn: Chapter 19

Roster Applications, Office of the

United States Trade Representative, 600

17th Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

With regard to the form of the

application, Ms. Sybia Harrison, (202)

395–3419; with regard to eligibility

requirements, William L. Busis,

Associate General Counsel, (202) 395–

3150.

SUPPLEMENTARY INFORMATION:

Binational Panel Reviews Under

NAFTA Chapter 19

Article 1904 of the NAFTA provides

that a party involved in an AD/CVD
59016 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices

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 appoints 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.

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.

Procedures for Selection of Chapter 19

Roster Members

Section 402 establishes procedures for

the selection by the United States Trade

Representative 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 the United States

Trade Representative 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, the

United States Trade Representative

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 400 Canadian

dollars per day.

Applications

Eligible individuals who wish to be

included on the Chapter 19 roster for

the period April 1, 1998 through March

31, 1999 are invited to submit

applications. Applicants should submit

an original application and 1 copy.

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 and

fax number.

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 address

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 United States, Canadian or

Mexican Governments.

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 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.

14. On a separate page, the names,

addresses, telephone and fax number of

three individuals willing to provide

information concerning the applicant’s

qualifications for service, including the

applicant’s familiarity with

international trade laws, character,

reputation, reliability, and judgment.
Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices 59017

Current Roster Members and Prior

Applicants

Current members of the Chapter 19

roster who remain interested in

inclusion on the Chapter 19 roster are

requested to 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 be subject

to public disclosure. An applicant who

wishes to exempt information from

public disclosure should follow the

procedures set forth in 15 CFR 2003.6.

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,

which 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) which

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 to voluntarily 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 0350–0007.

Please send comments regarding the

collection of information burden or any

other aspect of the information

collection to USTR at the address above.

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. 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.

Susan G. Esserman,

General Counsel.

[FR Doc. 97–28933 Filed 10–30–97; 8:45 am]

BILLING CODE 3190–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms and Recordkeeping

Requirements Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, (DOT).

ACTION: Notice and request for

comments.

SUMMARY: In compliance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), this notice

announces that the Information

Collection (ICR) abstracted below has

been forwarded to the Office of

Management and Budget (OMB) for

review and comment. The ICR describes

the nature of the information collection

and its expected burden. The Federal

Register Notice with a 60-day comment

period soliciting comments on the

following collection of information was

published in 62 FR 28916, May 28,

1997.

DATES: Comments must be submitted on

or before December 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Judith Street, ABC–100; Federal

Aviation Administration; 800

Independence Avenue, SW.;

Washington, DC 20591; Telephone

number (202) 267–9895.

SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

Title: Pilot’s Opinion Survey.

OMB Control Number: 2120–0612.

Type of Request: Extension of

currently approved collection. FORM(s):

N/A.

Affected Public: Individuals (a

maximum of 6,700 licensed pilots with

current medical certificates).

Abstract: In accordance with the

Government Performance and Results

Act of 1993 (GPRA) and Executive

Order No. 12862, which mandate

surveying customer satisfaction, the

FAA is seeking to better understand

pilots’ opinions of the air traffic

management and weather information

services they receive. This information

will be used by the FAA to track

national airspace system service

performance and identify trends and

areas for improvement. It will also be

used to support the FAA’s work

prioritization and resource allocation

efforts.

Annual Estimated Burden Hours:

1675.

Addressee: Send comments to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, 725–17th Street, NW.,

Washington, DC 20503, Attention FAA

Desk Officer.

Comments are Invited on: whether the

proposed collection of information is

necessary for the proper performance of

the functions of the Department,

including whether the information will

have practical utility; the accuracy of

the Department’s estimate of the burden

of the proposed information collection;

ways to enhance the quality, utility and

clarity of the information to be

collected; and ways to minimize the

burden of the collection of information

on respondents, including the use of

automated collection techniques or

other forms of information technology.

Issued in Washington, D.C. on October 24,

1997.

Phillip A. Leach,

Clearance Officer, United States Department

of Transportation.

[FR Doc. 97–28954 Filed 10–30–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms and Recordkeeping

Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, (DOT).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), this notice

announces that the Information

Collection Request (ICR) abstracted

below has been forwarded to the Office

of Management and Budget (OMB) for

review and comment. The ICR describes

the nature of the information collection

and its expected burden. The Federal

Register notice with a 60-day comment

period soliciting comments on the