24584 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 

regulations, including Section 400.28, 

and to the Board’s standard 2,000–acre 

activation limit for the overall general– 

purpose zone project, to sunset 

provisions that would terminate 

authority on April 30, 2013, for existing 

Sites 1–15 and 24 and on April 30, 

2015, for Sites 16, 17, 18, 21 and 23 

where no activity has occurred under 

FTZ procedures before those dates, and 

to a five-year time limit (to April 30, 

2015) for Site 22 (subject to extension 

upon review). 

Signed at Washington, DC, this 1st day 

of April 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretaryfor Import 

Administration Alternate ChairmanForeign– 

Trade Zones Board. 

ATTEST: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–10618 Filed 5–4–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Request for Nominations for the 

Industry Trade Advisory Committees 

(ITACs) 

AGENCY: International Trade 

Administration, Manufacturing and 

Services. 

ACTION: Request for nominations. 

SUMMARY: On February 17, 2010, the 

Secretary of Commerce and the United 

States Trade Representative (the USTR) 

renewed the charters of the 16 Industry 

Trade Advisory Committees (ITACs) 

and the Committee of Chairs of the 

ITACs for a four-year term to expire on 

February 17, 2014. The ITACs provide 

detailed policy and technical advice, 

information, and recommendations to 

the Secretary and the USTR regarding 

trade barriers, negotiation of trade 

agreements, and implementation of 

existing trade agreements affecting 

industry sectors; and perform other 

advisory functions relevant to U.S. trade 

policy matters as may be requested by 

the Secretary and the USTR or their 

designees. There are currently 

opportunities for membership on each 

ITAC. Nominations will be accepted for 

current vacancies and those that occur 

throughout the remainder of the charter 

term, which expires on February 17, 

2014. 

DATES: Appointments will be made on 

a rolling basis. For that reason, 

nominations will be accepted through 

February 17, 2014. 

ADDRESSES: Submit nominations to 

Ingrid V. Mitchem, Director, Industry 

Trade Advisory Center, U.S. Department 

of Commerce, 14th and Constitution 

Avenue, NW., Room 4043, Washington, 

DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Ingrid V. Mitchem, Director, Industry 

Trade Advisory Center, (202) 482–3268. 

Recruitment information also is 

available on the International Trade 

Administration Web site at: http:// 

www.trade.gov/itac. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act, 

as amended (5 U.S.C. App.) and section 

135 of the Trade Act of 1974, as 

amended (19 U.S.C. 2155), the Secretary 

of Commerce (the Secretary) and the 

United States Trade Representative 

(USTR) have renewed the charters of 16 

Industry Trade Advisory Committees 

(ITACs) and the Committee of Chairs of 

the ITACs. The Secretary and the USTR 

welcome nominations for the ITACs 

listed below: 

Industry Trade Advisory Committees 

on: 

(ITAC 1) Aerospace Equipment 

(ITAC 2) Automotive Equipment and 

Capital Goods 

(ITAC 3) Chemicals, Pharmaceuticals, 

Health/Science Products and 

Services 

(ITAC 4) Consumer Goods 

(ITAC 5) Distribution Services 

(ITAC 6) Energy and Energy Services 

(ITAC 7) Forest Products 

(ITAC 8) Information and 

Communications Technologies, 

Services, and Electronic Commerce 

(ITAC 9) Nonferrous Metals and 

Building Materials 

(ITAC 10) Services and Finance 

Industries 

(ITAC 11) Small and Minority Business 

(ITAC 12) Steel 

(ITAC 13) Textiles and Clothing 

(ITAC 14) Customs Matters and Trade 

Facilitation 

(ITAC 15) Intellectual Property Rights 

(ITAC 16) Standards and Technical 

Trade Barriers 

Background 

Section 135 of the Trade Act of 1974, 

as amended (19 U.S.C. 2155), directed 

the establishment of a private-sector 

trade advisory system to ensure that 

U.S. trade policy and trade negotiation 

objectives adequately reflect U.S. 

commercial and economic interests. 

Section 135(a)(1) directs the President 

to: 

Seek information and advice from 

representative elements of the private sector 

and the non-Federal governmental sector 

with respect to— 

(A) Negotiating objectives and bargaining 

positions before entering into a trade 

agreement under [Subchapter I of the Trade 

Act of 1974 (19 U.S.C. 2111–2241) and 

section 2103 of the Bipartisan Trade 

Promotion Authority Act of 2002 (19 U.S.C. 

3803)]; 

(B) The operation of any trade agreement 

once entered into, including preparation for 

dispute settlement panel proceedings to 

which the United States is a party; and 

(C) Other matters arising in connection 

with the development, implementation, and 

administration of the trade policy of the 

United States * * * 

Section 135(c)(2) of the 1974 Trade Act 

provides that: 

(2) The President shall establish such 

sectoral or functional advisory committees as 

may be appropriate. Such committees shall, 

insofar as is practicable, be representative of 

all industry, labor, agricultural, or service 

interests (including small business interests) 

in the sector or functional areas concerned. 

In organizing such committees, the United 

States Trade Representative and the 

Secretaries of Commerce, Labor, Agriculture, 

the Treasury, or other executive departments, 

as appropriate, shall— 

(A) Consult with interested private 

organizations; and 

(B) Take into account such factors as— 

(i) Patterns of actual and potential 

competition between United States industry 

and agriculture and foreign enterprise in 

international trade, 

(ii) The character of the nontariff barriers 

and other distortions affecting such 

competition, 

(iii) The necessity for reasonable limits on 

the number of such advisory committees, 

(iv) The necessity that each committee be 

reasonably limited in size, and 

(v) In the case of each sectoral committee, 

that the product lines covered by each 

committee be reasonably related. 

Pursuant to this provision, the 

Department of Commerce (Commerce) 

and the Office of the USTR (USTR) have 

established and co-administer 16 ITACs, 

the Committee of Chairs of the ITACs, 

and the Industry Trade Advisory Center. 

Functions 

The duties of the ITACs are to provide 

the President, through the Secretary and 

the USTR, with detailed policy and 

technical advice, information, and 

recommendations regarding trade 

barriers, negotiation of trade 

agreements, and implementation of 

existing trade agreements affecting 

industry sectors; and perform other 

advisory functions relevant to U.S. trade 

policy matters as may be requested by 

the Secretary and the USTR or their 

designees. The ITACs provide 

nonpartisan, industry input in the 

development of trade policy objectives. 

The ITACs’ efforts have assisted the 

United States in putting forward unified 

positions when it negotiates trade 

agreements. 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24585 

The ITACs address market-access 

problems; barriers to trade; tariff levels; 

discriminatory foreign procurement 

practices; and information, marketing, 

and advocacy needs of their industry 

sector. Thirteen ITACs provide advice 

and information on issues that affect 

specific sectors of U.S. industry. Three 

ITACs focus on cross-cutting, functional 

issues that affect all industry sectors: 

customs matters and trade facilitation 

(ITAC 14); intellectual property rights 

(ITAC 15); and standards and technical 

trade barriers (ITAC 16). In addition to 

members appointed exclusively to these 

three ITACs, ITACs 1–13 each may 

select a member to represent their ITAC 

on each of these three cross-cutting 

ITACs so that a broad range of industry 

perspectives is represented. Other trade 

policy issues, e.g., government 

procurement, subsidies, etc., may be 

addressed in ad hoc working groups 

created by the ITACs. 

Each ITAC meets an average of six 

times a year in Washington, DC. Some 

ITACS meet more often depending on 

the work of a particular committee. 

The members, all of whom come from 

the private sector, serve in a 

representative capacity presenting the 

views and interests of a U.S. entity or 

U.S. organization and its subsector in 

their respective industry sectors; they 

are, therefore, not Special Government 

Employees. Members serve at the 

discretion of the Secretary and the 

USTR. 

Members serve without compensation 

and are responsible for all expenses 

incurred to attend the meetings. ITAC 

members are appointed jointly by the 

Secretary and the USTR. Each ITAC 

elects a chairperson from the 

membership of the ITAC, and that 

chairperson serves on the Committee of 

Chairs of the ITACs. 

Appointments are made following the 

re-chartering of each ITAC and 

periodically throughout the four-year 

charter term. Appointments expire at 

the end of the ITACs’ charter terms, in 

this case, February 17, 2014. 

Appointments to all ITACs are made 

without regard to political affiliation. 

Eligibility and Application Process 

[Note: USTR and Commerce are currently 

reviewing the composition of the ITACs. 

USTR and Commerce issued a Federal 

Register notice on April 27, 2010 (75 FR 

22121) requesting public comments as part of 

this review. USTR and Commerce may issue 

a supplemental Federal Register notice 

seeking additional nominations to the ITACs 

following the conclusion of this review 

process.] 

The following eligibility requirements 

must be met: 

1. The applicant must be a U.S. 

citizen; 

2. The applicant must not be a fulltime employee of a U.S. governmental 

entity; 

3. The applicant must not be a 

federally-registered lobbyist; 

4. The applicant must not be 

registered with the Department of 

Justice under the Foreign Agents 

Registration Act; 

5. The applicant must be able to 

obtain and maintain a security 

clearance; and 

6. The applicant must represent 

either: 

a. A U.S. entity that is directly 

engaged in the import or export of goods 

or services or that provides services in 

direct support of the international 

trading activities of other entities; or 

b. A U.S. organization that: Trades 

internationally; represents members 

who trade internationally; consistent 

with the needs of a Committee; or 

represents members who have a 

demonstrated interest in international 

trade. 

For eligibility purposes, a ‘‘U.S. 

entity’’ is a for-profit firm engaged in 

commercial, industrial, or professional 

activities that is incorporated in the 

United States (or an unincorporated 

U.S. firm with its principal place of 

business in the United States) that is 

controlled by U.S. citizens or by other 

U.S. entities. An entity is not a U.S. 

entity if 50 percent plus one share of its 

stock (if a corporation, or a similar 

ownership interest of an unincorporated 

entity) is known to be controlled, 

directly or indirectly, by non-U.S. 

citizens or non-U.S. entities. 

For eligibility purposes, a ‘‘U.S. 

organization’’ is an organization, 

including trade associations and 

nongovernmental organizations (NGOs), 

established under the laws of the United 

States, that is controlled by U.S. 

citizens, by another U.S. organization 

(or organizations), or by a U.S. entity (or 

entities), as determined based on its 

board of directors (or comparable 

governing body), membership, and 

funding sources, as applicable. To 

qualify as a U.S. organization, more than 

50 percent of the board of directors (or 

comparable governing body) and more 

than 50 percent of the membership of 

the organization to be represented must 

be U.S. citizens, U.S. organizations, or 

U.S. entities. Additionally, in order for 

NGOs to qualify as U.S. organizations, at 

least 50 percent of the NGO’s annual 

revenue must be attributable to 

nongovernmental U.S. sources. 

If a nominee is to represent an entity 

or organization with 10 percent or 

greater non-U.S. ownership of its shares 

or equity, non-U.S. board members, 

non-U.S. membership, or non-U.S. 

funding sources, as applicable, the 

nominee must certify in its statement 

affirming its eligibility that this nonU.S. interest does not constitute control 

and will not adversely affect his or her 

ability to serve as a trade advisor to the 

United States. 

In order to be considered for ITAC 

membership, a nominee should submit: 

(1) Name, title, and relevant contact 

information of the individual requesting 

consideration; 

(2) The ITAC for which the individual 

is applying for appointment; 

(3) A sponsor letter on the entity’s or 

organization’s letterhead containing a 

brief description of why the applicant 

should be considered for membership 

on the ITAC; 

(4) The applicant’s personal resume 

demonstrating knowledge of 

international trade issues; 

(5) An affirmative statement that the 

applicant meets all ITAC eligibility 

requirements; 

(6) An affirmative statement that the 

applicant is not a federally registered 

lobbyist, and that the applicant 

understands that if appointed, the 

applicant will not be allowed to 

continue to serve as an ITAC member if 

the applicant becomes a federally 

registered lobbyist; and 

(7) Information regarding the 

sponsoring entity, including the control 

of the entity or organization to be 

represented and the entity’s or 

organization’s size and ownership, 

product or service line, and trade 

activities. 

Submit applications to Ingrid V. 

Mitchem, Director, Industry Trade 

Advisory Center, U.S. Department of 

Commerce, 14th and Constitution 

Avenue, NW., Room 4043, Washington, 

DC 20230. 

Additional requirements exist for 

nominations of consultants and legal 

advisors. The specific requirements will 

vary depending on the nature of the 

entity or organization and interests to be 

represented. Interested consultants and 

legal advisors should contact the 

Industry Trade Advisory Center or 

consult the ITAC Web Site for 

additional information on the 

submission requirements. 

Applicants that meet the eligibility 

criteria will be considered for 

membership based on the following 

criteria: Ability to represent the 

sponsoring U.S. entity’s or U.S. 

organization’s and its subsector’s 

interests on trade matters; ability to 

carry out the objectives of the particular 

ITAC (including knowledge of and 

experience in their industry and trade 


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24586 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 

1 74 FR 52188 (October 9, 2009). 

2 Incorporated as Title XIII of the Food, 

Conservation and Energy Act of 2008, Public Law 

No. 110–246, 122 Stat. 1624 (June 18, 2008). 

3 7 U.S.C. 1a(29). 

4 74 FR 12178 (Mar. 23, 2009); these rules became 

effective on April 22, 2009. 

5Public Law 110–246 at 13203; Joint Explanatory 

Statement of the Committee of Conference, H.R. 

Rep. No. 110–627, 110 Cong., 2d Sess. 978, 986 

(Conference Committee Report). See also 73 FR 

75888, 75894 (Dec. 12, 2008). 

6For an initial SPDC, ECMs have a grace period 

of 90 calendar days from the issuance of a SPDC 

determination order to submit a written 

demonstration of compliance with the applicable 

core principles. For subsequent SPDCs, ECMs have 

a grace period of 30 calendar days to demonstrate 

core principle compliance. 

7The Commission’s Part 36 rules establish, 

among other things, procedures by which the 

Commission makes and announces its 

determination whether a specific ECM contract 

serves a significant price discovery function. Under 

those procedures, the Commission publishes a 

notice in the Federal Register that it intends to 

undertake a determination whether a specified 

agreement, contract or transaction performs a 

significant price discovery function and to receive 

written data, views and arguments relevant to its 

determination from the ECM and other interested 

persons. 

matters relevant to the work of the 

ITAC); and ensuring that the ITAC is 

balanced in terms of points of view, 

demographics, geography, and entity or 

organization size. 

This notice is issued pursuant to the 

Federal Advisory Committee Act (5 

U.S.C., app. 2), 19 U.S.C. 2155, and 41 

CFR part 102–3 relating to advisory 

committees. 

Dated: April 28, 2010. 

Nicole Y. Lamb-Hale, 

Assistant Secretary for Manufacturing and 

Services. 

[FR Doc. 2010–10495 Filed 5–4–10; 8:45 am] 

BILLING CODE P 

COMMODITY FUTURES TRADING 

COMMISSION 

Order Finding That the San Juan 

Financial Basis Contract Traded on the 

IntercontinentalExchange, Inc., Does 

Not Perform a Significant Price 

Discovery Function 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final order. 

SUMMARY: On October 9, 2009, the 

Commodity Futures Trading 

Commission (‘‘CFTC’’ or ‘‘Commission’’) 

published for comment in the Federal 

Register 1 a notice of its intent to 

undertake a determination whether the 

San Juan Financial Basis (‘‘SNJ’’) 

contract traded on the 

IntercontinentalExchange, Inc. (‘‘ICE’’), 

an exempt commercial market (‘‘ECM’’) 

under sections 2(h)(3)–(5) of the 

Commodity Exchange Act (‘‘CEA’’ or the 

‘‘Act’’), performs a significant price 

discovery function pursuant to section 

2(h)(7) of the CEA. The Commission 

undertook this review based upon an 

initial evaluation of information and 

data provided by ICE as well as other 

available information. The Commission 

has reviewed the entire record in this 

matter, including all comments 

received, and has determined to issue 

an order finding that the SNJ contract 

does not perform a significant price 

discovery function. Authority for this 

action is found in section 2(h)(7) of the 

CEA and Commission rule 36.3(c) 

promulgated thereunder. 

DATES: Effective Date: April 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Gregory K. Price, Industry Economist, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5515. Email: gprice@cftc.gov; or Susan Nathan, 

Senior Special Counsel, Division of 

Market Oversight, same address. 

Telephone: (202) 418–5133. E-mail: 

snathan@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The CFTC Reauthorization Act of 

2008 (‘‘Reauthorization Act’’) 2

significantly broadened the CFTC’s 

regulatory authority with respect to 

ECMs by creating, in section 2(h)(7) of 

the CEA, a new regulatory category— 

ECMs on which significant price 

discovery contracts (‘‘SPDCs’’) are 

traded—and treating ECMs in that 

category as registered entities under the 

CEA.3 The legislation authorizes the 

CFTC to designate an agreement, 

contract or transaction as a SPDC if the 

Commission determines, under criteria 

established in section 2(h)(7), that it 

performs a significant price discovery 

function. When the Commission makes 

such a determination, the ECM on 

which the SPDC is traded must assume, 

with respect to that contract, all the 

responsibilities and obligations of a 

registered entity under the Act and 

Commission regulations, and must 

comply with nine core principles 

established by new section 2(h)(7)(C). 

On March 16, 2009, the CFTC 

promulgated final rules implementing 

the provisions of the Reauthorization 

Act.4 As relevant here, rule 36.3 

imposes increased information reporting 

requirements on ECMs to assist the 

Commission in making prompt 

assessments whether particular ECM 

contracts may be SPDCs. In addition to 

filing quarterly reports of its contracts, 

an ECM must notify the Commission 

promptly concerning any contract 

traded in reliance on the exemption in 

section 2(h)(3) of the CEA that averaged 

five trades per day or more over the 

most recent calendar quarter, and for 

which the exchange sells its price 

information regarding the contract to 

market participants or industry 

publications, or whose daily closing or 

settlement prices on 95 percent or more 

of the days in the most recent quarter 

were within 2.5 percent of the 

contemporaneously determined closing, 

settlement or other daily price of 

another contract. 

Commission rule 36.3(c)(3) 

established the procedures by which the 

Commission makes and announces its 

determination whether a particular ECM 

contract serves a significant price 

discovery function. Under those 

procedures, the Commission will 

publish notice in the Federal Register 

that it intends to undertake a 

determination whether the specified 

agreement, contract or transaction 

performs a significant price discovery 

function and to receive written views, 

data and arguments relevant to its 

determination from the ECM and other 

interested persons. Upon the close of 

the comment period, the Commission 

will consider, among other things, all 

relevant information regarding the 

subject contract and issue an order 

announcing and explaining its 

determination whether or not the 

contract is a SPDC. The issuance of an 

affirmative order signals the 

effectiveness of the Commission’s 

regulatory authorities over an ECM with 

respect to a SPDC; at that time such an 

ECM becomes subject to all provisions 

of the CEA applicable to registered 

entities.5 The issuance of such an order 

also triggers the obligations, 

requirements and timetables prescribed 

in Commission rule 36.3(c)(4).6

II. Notice of Intent To Undertake SPDC 

Determination 

On October 9, 2009, the Commission 

published in the Federal Register notice 

of its intent to undertake a 

determination whether the SNJ contract 

performs a significant price discovery 

function and requested comment from 

interested parties.7 Comments were 

received from Industrial Energy 

Consumers of America (‘‘IECA’’), 

Working Group of Commercial Energy 

Firms (‘‘WGCEF’’), Platts, ICE, 

Economists Incorporated (‘‘EI’’), Natural 

Gas Supply Association (‘‘NGSA’’), 


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