82 FR 42294 - Proposed Information Collection; Comment Request; EU-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range		42294-42295
FR Document		2017-18896

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Federal Register, Volume 82 Issue 172 (Thursday, September 7, 2017)

[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42294-42295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18896]


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DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Information Collection; Comment Request; EU-U.S. Privacy 
Shield; Invitation for Applications for Inclusion on the List of 
Arbitrators

AGENCY: International Trade Administration.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before November 6, 
2017.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Nasreen Djouini at the U.S. Department of Commerce, 
either by email at [email protected], or by fax at: 202-482-
5522. More information on the arbitration mechanism may be found at 
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The EU-U.S. Privacy Shield Framework was designed by the U.S. 
Department of Commerce (DOC) and the European Commission (Commission) 
to provide companies on both sides of the Atlantic with a mechanism to 
comply with data protection requirements when transferring personal 
data from the European Union to the United States in support of 
transatlantic commerce. On July 12, 2016, the Commission deemed the EU-
U.S. Privacy Shield Framework (Privacy Shield) adequate to enable data 
transfers under EU law, and on August 1, 2016, the DOC began accepting 
self-certifications from U.S. companies to join the program (81 FR 
47752; July 22, 2016). For more information on the Privacy Shield, 
visit www.privacyshield.gov.
    As described in Annex I of the Privacy Shield, the DOC and the 
Commission have committed to implement an arbitration mechanism to 
provide European individuals with the ability to invoke binding 
arbitration to determine, for residual claims, whether an organization 
has violated its obligations under the Privacy Shield. Organizations 
voluntarily self-certify to the Privacy Shield and, upon certification, 
the commitments the organization has made to comply with the Privacy 
Shield become legally enforceable under U.S. law. Organizations that 
self-certify to the Privacy Shield commit to binding arbitration of 
residual claims if the individual chooses to exercise that option. 
Under the arbitration option, a Privacy Shield Panel (consisting of one 
or three arbitrators, as agreed by the parties) has the authority to 
impose individual-specific, non-monetary equitable relief (such as 
access, correction, deletion, or return of the individual's data in 
question) necessary to remedy the violation of the Privacy Shield only 
with respect to the individual. The parties will select the arbitrators 
from the list of arbitrators described below.
    The DOC and the European Commission seek to develop a list of at 
least 20 arbitrators. To be eligible for inclusion on the list, 
applicants must be admitted to practice law in the United States and 
have expertise in both U.S. privacy law and EU data protection law. 
Applicants shall not be subject to any instructions from, or be 
affiliated with, any Privacy Shield organization, or the U.S., EU, or 
any EU Member State or any other governmental authority, public 
authority or enforcement authority.

[[Page 42295]]

    Eligible individuals will be evaluated on the basis of 
independence, integrity, and expertise:

Independence

     Freedom from bias and prejudice.

Integrity

     Held in the highest regard by peers for integrity, 
fairness and good judgment.
     Demonstrates high ethical standards and commitment 
necessary to be an arbitrator.

Expertise

    Required:
     Admission to practice law in the United States.
     Level of demonstrated expertise in U.S. privacy law and EU 
data protection law.
    Other expertise that may be considered includes any of the 
following:
     Relevant educational degrees and professional licenses.
     Relevant professional or academic experience or legal 
practice.
     Relevant training or experience in arbitration or other 
forms of dispute resolution.
    Evaluation of applications for inclusion on the list of arbitrators 
will be undertaken by the DOC and the Commission. Selected applicants 
will remain on the list for a period of 3 years, absent exceptional 
circumstances; change in eligibility, or for cause, renewable for one 
additional period of 3 years.
    The DOC is in the process of selecting an administrator for Privacy 
Shield arbitrations.\a\ Among other things, once selected, the 
Administrator will facilitate arbitrator fee arrangements, including 
the collection and timely payment of arbitrator fees and other 
expenses. Arbitrators are expected to commit their time and effort when 
included on the Privacy Shield List of Arbitrators and to take 
reasonable steps to minimize the costs or fees of the arbitration.
---------------------------------------------------------------------------

    \a\ For more information about the selection process and the 
role of the administrator, see https://www.privacyshield.gov/Arbitration-Fact-Sheet.
---------------------------------------------------------------------------

    Arbitrators will be subject to a code of conduct consistent with 
Annex I of the Privacy Shield Framework and generally accepted ethical 
standards for arbitrators. The DOC and the Commission agreed to adopt 
an existing, well-established set of U.S. arbitral procedures to govern 
the arbitral proceedings, subject to considerations identified in Annex 
I of the Privacy Shield Framework, including that materials submitted 
to arbitrators will be treated confidentially and will only be used in 
connection with the arbitration. For more information, please visit 
https://www.privacyshield.gov/article?id=G-Arbitration-Procedures where 
you can find information on the arbitration procedures.

Applications

    Eligible individuals who wish to be considered for inclusion on the 
EU-U.S. Privacy Shield List of Arbitrators are invited to submit 
applications by October 6, 2017 deadline. Applications must be 
typewritten and should be headed ``Application for Inclusion on the EU-
U.S. Privacy Shield List of Arbitrators.'' Applications should include 
the following information, and each section of the application should 
be numbered as indicated:

--Name of applicant.
--Address, telephone number, and email address.

1. Independence

--Description of the applicant's affiliations with any Privacy Shield 
organization, or the U.S., EU, any EU Member State or any other 
governmental authority, public authority, or enforcement authority.

2. Integrity

--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, and judgment.
--Description of the applicant's willingness and ability to make time 
commitments necessary to be an arbitrator.

3. Expertise

--Demonstration of admittance to practice law in the United States.
--Relevant academic degrees and professional training and licensing.
--Current employment, including title, description of responsibility, 
name and address of employer, and name and telephone number of 
supervisor or other reference.
--Employment history, including the dates and addresses of each prior 
position and a summary of responsibilities.
--Description of expertise in U.S. privacy law and EU data protection 
law.
--Description of training or experience in arbitration or other forms 
of dispute resolution, if applicable.
--A list of publications, testimony, and speeches, if any, concerning 
U.S. privacy law and EU data protection law, with copies appended.

II. Method of Collection

    Please submit applications by September 25, 2017 deadline to 
Nasreen Djouini at the U.S. Department of Commerce, either by email at 
[email protected], or by fax at: 202-482-5522. More information 
on the arbitration mechanism may be found at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

III. Data

    OMB Control Number: 0625-0277.
    Form Number(s): None.
    Type of Review: Regular submission.
    Affected Public: private individuals.
    Estimated Number of Respondents: 60.
    Estimated Time per Response: 240 minutes.
    Estimated Total Annual Burden Hours: 240 hours.
    Estimated Total Annual Cost to Public: $0.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

Sheleen Dumas,
Departmental PRA Lead, Office of the Chief Information Officer.
[FR Doc. 2017-18896 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-DS-P

42294 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices

publication of the final results of this 3. Scope of the Order SUPPLEMENTARY INFORMATION:
review for shipments of the subject 4. Preliminary Determination of No
Shipments I. Abstract
merchandise from the PRC entered, or
5. Non-Market Economy Country Status The EU–U.S. Privacy Shield
withdrawn from warehouse, for 6. Separate Rates
consumption on or after the publication Framework was designed by the U.S.
7. Application of Facts Available and Use of
date, as provided by sections Adverse Inference
Department of Commerce (DOC) and the
751(a)(2)(C) of the Act: (1) For the 8. Facts Available European Commission (Commission) to
companies listed above that have a 9. Surrogate Country provide companies on both sides of the
separate rate, the cash deposit rate will 10. Date of Sale Atlantic with a mechanism to comply
be equal to the weighted-average 11. Normal Value Comparisons with data protection requirements when
dumping margin established in the final 12. Factor Valuation Methodology transferring personal data from the
13. Comparisons to Normal Value European Union to the United States in
results of this review (except, if the rate
14. Currency Conversion support of transatlantic commerce. On
is de minimis, then cash deposit rate 15. Recommendation
will be zero); (2) for previously July 12, 2016, the Commission deemed
examined PRC and non-PRC exporters Appendix 2 the EU–U.S. Privacy Shield Framework
not listed above that at the time of entry 1. Aironware (Shanghai) Co., Ltd.
(Privacy Shield) adequate to enable data
are eligible for a separate rate based on 2. Certified Products Taiwan Inc. transfers under EU law, and on August
a prior completed segment of this 3. Chiieh Yung Metal Ind. Corp. 1, 2016, the DOC began accepting self-
proceeding, the cash deposit rate will 4. Faithful Engineering Products Co., Ltd. certifications from U.S. companies to
continue to be the existing exporter- 5. Huanghua Xionghua Hardware Products join the program (81 FR 47752; July 22,
specific cash deposit rate; (3) for all PRC Co., Ltd. 2016). For more information on the
exporters of subject merchandise that [FR Doc. 2017–18977 Filed 9–6–17; 8:45 am] Privacy Shield, visit
have not been found to be entitled to a BILLING CODE 3510–DS–P
www.privacyshield.gov.
separate rate at the time of entry, the As described in Annex I of the
cash deposit rate will be that for the Privacy Shield, the DOC and the
PRC-wide entity (i.e., 118.04 percent); DEPARTMENT OF COMMERCE Commission have committed to
and (4) for all non-PRC exporters of implement an arbitration mechanism to
subject merchandise which at the time International Trade Administration provide European individuals with the
of entry are not eligible for a separate ability to invoke binding arbitration to
rate, the cash deposit rate will be the Proposed Information Collection; determine, for residual claims, whether
rate applicable to the PRC exporter that Comment Request; EU–U.S. Privacy an organization has violated its
supplied that non-PRC exporter. These Shield; Invitation for Applications for obligations under the Privacy Shield.
deposit requirements, when imposed, Inclusion on the List of Arbitrators Organizations voluntarily self-certify to
shall remain in effect until further the Privacy Shield and, upon
AGENCY: International Trade
notice. certification, the commitments the
Administration.
organization has made to comply with
Notification to Importers ACTION: Notice.
the Privacy Shield become legally
This notice also serves as a SUMMARY: The Department of enforceable under U.S. law.
preliminary reminder to importers of Commerce, as part of its continuing Organizations that self-certify to the
their responsibility under 19 CFR effort to reduce paperwork and Privacy Shield commit to binding
351.402(f)(2) to file a certificate respondent burden, invites the general arbitration of residual claims if the
regarding the reimbursement of public and other Federal agencies to individual chooses to exercise that
antidumping duties prior to liquidation take this opportunity to comment on option. Under the arbitration option, a
of the relevant entries during the POR. proposed and/or continuing information Privacy Shield Panel (consisting of one
Failure to comply with this requirement collections, as required by the or three arbitrators, as agreed by the
could result in the Department’s Paperwork Reduction Act of 1995. parties) has the authority to impose
presumption that reimbursement of individual-specific, non-monetary
DATES: Written comments must be
antidumping duties occurred and the equitable relief (such as access,
submitted on or before November 6,
subsequent assessment of double correction, deletion, or return of the
2017.
antidumping duties. individual’s data in question) necessary
ADDRESSES: Direct all written comments to remedy the violation of the Privacy
Notification to Interested Parties to Jennifer Jessup, Departmental Shield only with respect to the
This preliminary determination is Paperwork Clearance Officer, individual. The parties will select the
issued and published in accordance Department of Commerce, Room 6616, arbitrators from the list of arbitrators
with sections 751(a)(1) and 777(i)(1) of 14th and Constitution Avenue NW., described below.
the Act. Washington, DC 20230 (or via the The DOC and the European
Internet at PRAcomments@doc.gov. Commission seek to develop a list of at
Dated: August 31, 2017.
FOR FURTHER INFORMATION CONTACT: least 20 arbitrators. To be eligible for
Gary Taverman,
Requests for additional information or inclusion on the list, applicants must be
Deputy Assistant Secretary for Antidumping
copies of the information collection admitted to practice law in the United
and Countervailing Duty Operations,
performing the non-exclusive functions and instrument and instructions should be States and have expertise in both U.S.
directed to Nasreen Djouini at the U.S. privacy law and EU data protection law.
mstockstill on DSK30JT082PROD with NOTICES

duties of the Assistant Secretary for
Enforcement and Compliance. Department of Commerce, either by Applicants shall not be subject to any
email at Nasreen.Djouini@trade.gov, or instructions from, or be affiliated with,
Appendix 1 by fax at: 202–482–5522. More any Privacy Shield organization, or the
List of Topics Discussed in the Preliminary information on the arbitration U.S., EU, or any EU Member State or
Decision Memorandum mechanism may be found at https:// any other governmental authority,
1. Summary www.privacyshield.gov/ public authority or enforcement
2. Background article?id=ANNEX-I-introduction. authority.

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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42295

Eligible individuals will be evaluated materials submitted to arbitrators will privacy law and EU data protection
on the basis of independence, integrity, be treated confidentially and will only law, with copies appended.
and expertise: be used in connection with the
arbitration. For more information, II. Method of Collection
Independence
please visit https:// Please submit applications by
• Freedom from bias and prejudice. www.privacyshield.gov/article?id=G- September 25, 2017 deadline to Nasreen
Integrity Arbitration-Procedures where you can
Djouini at the U.S. Department of
find information on the arbitration
• Held in the highest regard by peers procedures.
Commerce, either by email at
for integrity, fairness and good Nasreen.Djouini@trade.gov, or by fax at:
judgment. Applications 202–482–5522. More information on the
• Demonstrates high ethical standards Eligible individuals who wish to be arbitration mechanism may be found at
and commitment necessary to be an considered for inclusion on the EU–U.S. https://www.privacyshield.gov/
arbitrator. Privacy Shield List of Arbitrators are article?id=ANNEX-I-introduction.
Expertise invited to submit applications by
October 6, 2017 deadline. Applications III. Data
Required: must be typewritten and should be
• Admission to practice law in the OMB Control Number: 0625–0277.
headed ‘‘Application for Inclusion on
United States. the EU–U.S. Privacy Shield List of Form Number(s): None.
• Level of demonstrated expertise in Arbitrators.’’ Applications should Type of Review: Regular submission.
U.S. privacy law and EU data protection include the following information, and
law. Affected Public: private individuals.
each section of the application should
Other expertise that may be be numbered as indicated: Estimated Number of Respondents:
considered includes any of the 60.
—Name of applicant.
following: —Address, telephone number, and Estimated Time per Response: 240
• Relevant educational degrees and
email address. minutes.
professional licenses.
• Relevant professional or academic 1. Independence Estimated Total Annual Burden
experience or legal practice. —Description of the applicant’s Hours: 240 hours.
• Relevant training or experience in affiliations with any Privacy Shield Estimated Total Annual Cost to
arbitration or other forms of dispute organization, or the U.S., EU, any EU Public: $0.
resolution. Member State or any other
Evaluation of applications for IV. Request for Comments
governmental authority, public
inclusion on the list of arbitrators will authority, or enforcement authority.
be undertaken by the DOC and the Comments are invited on: (a) Whether
Commission. Selected applicants will 2. Integrity the proposed collection of information
remain on the list for a period of 3 years, —On a separate page, the names, is necessary for the proper performance
absent exceptional circumstances; addresses, telephone, and fax of the functions of the agency, including
change in eligibility, or for cause, numbers of three individuals willing whether the information shall have
renewable for one additional period of to provide information concerning the practical utility; (b) the accuracy of the
3 years. applicant’s qualifications for service, agency’s estimate of the burden
The DOC is in the process of selecting including the applicant’s character, (including hours and cost) of the
an administrator for Privacy Shield reputation, reliability, and judgment. proposed collection of information; (c)
arbitrations.a Among other things, once —Description of the applicant’s ways to enhance the quality, utility, and
selected, the Administrator will willingness and ability to make time clarity of the information to be
facilitate arbitrator fee arrangements, commitments necessary to be an collected; and (d) ways to minimize the
including the collection and timely arbitrator. burden of the collection of information
payment of arbitrator fees and other on respondents, including through the
expenses. Arbitrators are expected to 3. Expertise
use of automated collection techniques
commit their time and effort when —Demonstration of admittance to
or other forms of information
included on the Privacy Shield List of practice law in the United States.
—Relevant academic degrees and technology.
Arbitrators and to take reasonable steps
to minimize the costs or fees of the professional training and licensing. Comments submitted in response to
arbitration. —Current employment, including title, this notice will be summarized and/or
Arbitrators will be subject to a code of description of responsibility, name included in the request for OMB
conduct consistent with Annex I of the and address of employer, and name approval of this information collection;
Privacy Shield Framework and and telephone number of supervisor they also will become a matter of public
generally accepted ethical standards for or other reference. record.
arbitrators. The DOC and the —Employment history, including the
dates and addresses of each prior Sheleen Dumas,
Commission agreed to adopt an existing,
well-established set of U.S. arbitral position and a summary of Departmental PRA Lead, Office of the Chief
procedures to govern the arbitral responsibilities. Information Officer.
—Description of expertise in U.S.
mstockstill on DSK30JT082PROD with NOTICES

proceedings, subject to considerations [FR Doc. 2017–18896 Filed 9–6–17; 8:45 am]
privacy law and EU data protection
identified in Annex I of the Privacy BILLING CODE 3510–DS–P
law.
Shield Framework, including that
—Description of training or experience
a For more information about the selection
in arbitration or other forms of
process and the role of the administrator, see dispute resolution, if applicable.
https://www.privacyshield.gov/Arbitration-Fact- —A list of publications, testimony, and
Sheet. speeches, if any, concerning U.S.

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Document Created: 2017-09-07 02:01:58
Document Modified: 2017-09-07 02:01:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Written comments must be submitted on or before November 6, 2017.
Contact		Requests for additional information or copies of the information collection instrument and instructions should be directed to Nasreen Djouini at the U.S. Department of Commerce, either by email at [email protected], or by fax at: 202-482- 5522. More information on the arbitration mechanism may be found at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
FR Citation		82 FR 42294

82 FR 42294 - Proposed Information Collection; Comment Request; EU-U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration