83 FR 35210 - Proposed Information Collection; Comment Request; Swiss-U.S. Privacy Shield; Invitation for Applications for Inclusion on the Supplemental List of Arbitrators
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 143 (July 25, 2018)
International Trade Administration
Federal Register Volume 83, Issue 143 (July 25, 2018)
| Page Range | 35210-35212 | |
| FR Document | 2018-15927 |
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)] [Notices] [Pages 35210-35212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15927] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Swiss-U.S. Privacy Shield; Invitation for Applications for Inclusion on the Supplemental List of Arbitrators AGENCY: International Trade Administration, U.S. Department of Commerce. ACTION: Notice. ----------------------------------------------------------------------- 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 a continuing information collection, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before September 24, 2018. 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 PRAcomments@doc.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to David Ritchie, International Trade Administration, 202- 482-4936 or david.ritchie@trade.gov. More information on the arbitration mechanism may be found at https://www.trade.gov/td/services/odsi/swiss-us-privacyshield-framework.pdf. SUPPLEMENTARY INFORMATION: I. Abstract The Swiss-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce (DOC) and the Swiss Administration (Swiss) to provide companies in both Switzerland and the United States with a mechanism to comply with data protection requirements when transferring personal data from Switzerland to the United States in support of transatlantic commerce. On January 12, 2017, the Swiss deemed the Swiss-U.S. Privacy Shield Framework (Swiss Privacy Shield) adequate to enable data transfers under Swiss law, and on April 12, 2017, the DOC began accepting self-certifications from U.S. companies to join the program (82 FR 16375; April 12, 2017). For more information on the Privacy Shield, visit www.privacyshield.gov. As described in Annex I of the Swiss Privacy Shield, the DOC and the Swiss committed to implement an arbitration mechanism to provide Swiss 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 Swiss Privacy Shield and, upon certification, the commitments the organization has made to comply with the Swiss Privacy Shield become legally enforceable under U.S. law. Organizations that self-certify to the Swiss 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 \a\ (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 Swiss Privacy Shield only with respect to the individual. The parties will select the arbitrators from the list of arbitrators described below. --------------------------------------------------------------------------- \a\ The Privacy Shield Panel would govern arbitration proceedings brought under either the Swiss-U.S. or EU-U.S. Privacy Shield Frameworks. --------------------------------------------------------------------------- The DOC and the Swiss Administration are developing a list of up to five arbitrators to supplement the list of arbitrators developed under the EU-U.S. Privacy Shield Framework. To be eligible for inclusion on the supplemental list, applicants must be admitted to practice law in the United States and have expertise in both U.S. privacy law and European or Swiss data protection law. Applicants shall not be subject to any instructions from, or be affiliated with, any Privacy Shield organization, or the U.S., Switzerland, EU, or any EU Member State or any other governmental authority, public authority or enforcement authority. The DOC received emergency approval for this information collection on March 26, 2018 under Control Number 0625-0278. Upon receiving that approval, the DOC accepted applications submitted by April 30, 2018 for inclusion on the Supplemental List of Arbitrators. The DOC is currently evaluating applicants who submitted by April 30, 2018 and is thus not currently [[Page 35211]] seeking additional applications. However, the DOC is now submitting a request for a 3-year approval through OMB's general PRA clearance process, because it may seek additional applications in the future as appropriate. To be considered for inclusion on the Supplemental List of Arbitrators, eligible individuals are 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 European or Swiss 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 is undertaken by the DOC and the Swiss Administration. Selected applicants 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 selected the International Centre for Dispute Resolution- American Arbitration Association (ICDR-AAA) as administrator for Privacy Shield arbitrations brought under either the Swiss-U.S. or EU- U.S. Privacy Shield Frameworks.\b\ Among other things, the ICDR-AAA facilitates 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 supplemental Swiss-U.S. Privacy Shield List of Arbitrators and to take reasonable steps to minimize the costs or fees of the arbitration. --------------------------------------------------------------------------- \b\ For more information about the selection process and the role of the administrator, see https://www.privacyshield.gov/Arbitration-Fact-Sheet. --------------------------------------------------------------------------- Arbitrators are subject to a code of conduct consistent with Annex I of the Swiss-U.S. Privacy Shield Framework and generally accepted ethical standards for arbitrators. The DOC and the Swiss Administration agreed to adopt the arbitral procedures adopted under the EU-U.S. Privacy Shield Framework to govern the arbitral proceedings, subject to considerations identified in Annex I of the Swiss-U.S. 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. (Please note that the Arbitration procedures apply to both the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.) Applications Applications must be typewritten and should be headed ``Application for Inclusion on the Swiss-U.S. Privacy Shield Supplemental 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 organization that has self-certified under either the Swiss-U.S. or EU-U.S. Privacy Shield Frameworks, or the U.S., Switzerland, 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 European or Swiss 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 European or Swiss data protection law, with copies appended. II. Method of Collection As stated above, the DOC is not currently seeking additional applications, but may do so in the future as appropriate. OMB reviewed and approved this information collection on an emergency basis as of March 26, 2018 under Control Number 0625-0278. As the emergency approval is only valid for 180 days, the DOC is now submitting a request for a 3-year approval through OMB's full PRA clearance process. Future applications would be submitted to the U.S. Department of Commerce, either by email or by fax. More information on the arbitration mechanism may be found at https://www.trade.gov/td/services/odsi/swiss-us-privacyshield-framework.pdf. III. Data OMB Control Number: 0625-0278. Form Number(s): None. Type of Review: Regular submission. Affected Public: Private Individuals. Estimated Number of Respondents: 20. Estimated Time per Response: 240 minutes. Estimated Total Annual Burden Hours: 80. 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 [[Page 35212]] included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer. [FR Doc. 2018-15927 Filed 7-24-18; 8:45 am] BILLING CODE 3510-DR-P
![35210 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
Assessment Rates Comment 1: Continuation of Application of under Swiss law, and on April 12, 2017,
AFA for Mandatory Respondents the DOC began accepting self-
Commerce intends to issue V. Recommendation
appropriate assessment instructions certifications from U.S. companies to
directly to CBP, 15 days after [FR Doc. 2018–15798 Filed 7–24–18; 8:45 am] join the program (82 FR 16375; April 12,
publication of these final results of BILLING CODE 3510–DS–P 2017). For more information on the
review, to liquidate shipments of subject Privacy Shield, visit
merchandise entered, or withdrawn www.privacyshield.gov.
DEPARTMENT OF COMMERCE As described in Annex I of the Swiss
from warehouse, for consumption on or
after January 1, 2016, through December Privacy Shield, the DOC and the Swiss
International Trade Administration committed to implement an arbitration
31, 2016, at the ad valorem rates listed
above. mechanism to provide Swiss
Proposed Information Collection; individuals with the ability to invoke
Cash Deposit Requirements Comment Request; Swiss-U.S. Privacy binding arbitration to determine, for
Shield; Invitation for Applications for residual claims, whether an
Commerce also intends to instruct Inclusion on the Supplemental List of
CBP to collect cash deposits of organization has violated its obligations
Arbitrators under the Privacy Shield. Organizations
estimated countervailing duties in the
amounts indicated above for each AGENCY: International Trade voluntarily self-certify to the Swiss
company listed on shipments of subject Administration, U.S. Department of Privacy Shield and, upon certification,
merchandise entered, or withdrawn Commerce. the commitments the organization has
from warehouse, for consumption on or ACTION: Notice. made to comply with the Swiss Privacy
after the date of publication of the final Shield become legally enforceable under
results of this administrative review. For SUMMARY: The Department of U.S. law. Organizations that self-certify
all non-reviewed firms, we will instruct Commerce, as part of its continuing to the Swiss Privacy Shield commit to
CBP to collect cash deposits of effort to reduce paperwork and binding arbitration of residual claims if
estimated countervailing duties at the respondent burden, invites the general the individual chooses to exercise that
most recent company-specific or all- public and other Federal agencies to option. Under the arbitration option, a
others rate applicable to the company, take this opportunity to comment on a Privacy Shield Panel a (consisting of one
as appropriate. Accordingly, the cash continuing information collection, as or three arbitrators, as agreed by the
deposit requirements that will be required by the Paperwork Reduction parties) has the authority to impose
applied to companies covered by this Act of 1995. individual-specific, non-monetary
order, but not examined in this DATES: Written comments must be equitable relief (such as access,
administrative review, are those submitted on or before September 24, correction, deletion, or return of the
established in the most recently 2018. individual’s data in question) necessary
completed segment of the proceeding ADDRESSES: Direct all written comments to remedy the violation of the Swiss
for each company. These cash deposit to Jennifer Jessup, Departmental Privacy Shield only with respect to the
requirements, when imposed, shall Paperwork Clearance Officer, individual. The parties will select the
remain in effect until further notice. Department of Commerce, Room 6616, arbitrators from the list of arbitrators
14th and Constitution Avenue NW, described below.
Administrative Protective Order The DOC and the Swiss
Washington, DC 20230 (or via the
This notice serves as a reminder to internet at PRAcomments@doc.gov. Administration are developing a list of
parties subject to administrative up to five arbitrators to supplement the
FOR FURTHER INFORMATION CONTACT:
protective order (APO) of their list of arbitrators developed under the
Requests for additional information or
responsibility concerning the EU-U.S. Privacy Shield Framework. To
copies of the information collection
disposition of proprietary information be eligible for inclusion on the
instrument and instructions should be
disclosed under APO in accordance supplemental list, applicants must be
directed to David Ritchie, International
with 19 CFR 351.305(a)(3). Timely admitted to practice law in the United
Trade Administration, 202–482–4936 or
written notification of return or States and have expertise in both U.S.
david.ritchie@trade.gov. More
destruction of APO materials or privacy law and European or Swiss data
information on the arbitration
conversion to judicial protective order is protection law. Applicants shall not be
mechanism may be found at https://
hereby requested. Failure to comply subject to any instructions from, or be
www.trade.gov/td/services/odsi/swiss-
with the regulations and the terms of an affiliated with, any Privacy Shield
us-privacyshield-framework.pdf.
APO is a sanctionable violation. organization, or the U.S., Switzerland,
We are issuing and publishing these SUPPLEMENTARY INFORMATION: EU, or any EU Member State or any
results in accordance with sections I. Abstract other governmental authority, public
751(a)(1) and 777(i)(1) of the Act. authority or enforcement authority.
The Swiss-U.S. Privacy Shield The DOC received emergency
Dated: July 13, 2018. Framework was designed by the U.S.
Gary Taverman, approval for this information collection
Department of Commerce (DOC) and the on March 26, 2018 under Control
Deputy Assistant Secretary for Antidumping Swiss Administration (Swiss) to provide
and Countervailing Duty Operations, Number 0625–0278. Upon receiving that
companies in both Switzerland and the approval, the DOC accepted
performing the non-exclusive functions and United States with a mechanism to
duties of the Assistant Secretary for applications submitted by April 30,
comply with data protection 2018 for inclusion on the Supplemental
daltland on DSKBBV9HB2PROD with NOTICES
Enforcement and Compliance.
requirements when transferring List of Arbitrators. The DOC is currently
Appendix I—List of Topics Discussed in personal data from Switzerland to the evaluating applicants who submitted by
the Issues and Decision Memorandum United States in support of transatlantic April 30, 2018 and is thus not currently
I. Summary commerce. On January 12, 2017, the
II. Background Swiss deemed the Swiss-U.S. Privacy a The Privacy Shield Panel would govern
III. Scope of the Order Shield Framework (Swiss Privacy arbitration proceedings brought under either the
IV. Analysis of Comments Shield) adequate to enable data transfers Swiss-U.S. or EU-U.S. Privacy Shield Frameworks.
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![35212 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
included in the request for OMB interested party status under section strainer sets, rinsing baskets, bottom
approval of this information collection; 771(9)(C) of the Act as a producer of grids, or other accessories.
they also will become a matter of public stainless steel sinks in the United States. Excluded from the scope of the order
record. On April 2, 2018, Commerce received are stainless steel sinks with fabricated
Sheleen Dumas, an adequate substantive response to the bowls. Fabricated bowls do not have
Departmental Lead PRA Officer, Office of the notice of initiation from Elkay within seamless corners, but rather are made by
Chief Information Officer. the 30-day deadline specified in 19 CFR notching and bending the stainless steel,
[FR Doc. 2018–15927 Filed 7–24–18; 8:45 am]
351.218(d)(3)(i).4 We received no and then welding and finishing the
substantive responses from respondent vertical corners to form the bowls.
BILLING CODE 3510–DR–P
interested parties with respect to the Stainless steel sinks with fabricated
order covered by this sunset review. bowls may sometimes be referred to as
DEPARTMENT OF COMMERCE On April 10, 2018, Commerce notified ‘‘zero radius’’ or ‘‘near zero radius’’
the U.S. International Trade sinks. The products covered by this
International Trade Administration Commission (ITC) that it did not receive order are currently classified in the
[C–570–984] an adequate substantive response from Harmonized Tariff Schedule of the
respondent interested parties.5 As a United States (HTSUS) under statistical
Drawn Stainless Steel Sinks From the result, pursuant to 751(c)(3)(B) of the reporting number 7324.10.0000 and
People’s Republic of China: Final Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 7324.10.0010. Although the HTSUS
Results of the Expedited First Sunset Commerce conducted an expedited subheadings are provided for
Review of the Countervailing Duty (120-day) sunset review of the convenience and customs purposes, the
Order countervailing duty order on drawn written description of the scope of the
stainless steel sinks from China. order is dispositive.
AGENCY: Enforcement and Compliance,
International Trade Administration, Scope of the Order Analysis of Comments Received
Department of Commerce. The merchandise covered by the order
SUMMARY: As a result of this sunset All issues raised in this sunset review
includes drawn stainless steel sinks
review, the Department of Commerce are addressed in the Issues and Decision
with single or multiple drawn bowls,
(Commerce) finds that revocation of the Memorandum,7 which is hereby
with or without drain boards, whether
countervailing duty order would be adopted by this notice. The issues
finished or unfinished, regardless of
likely to lead to the continuation or discussed in the Issues and Decision
type of finish, gauge, or grade of
recurrence of a countervailable subsidy Memorandum are the likelihood of
stainless steel. Mounting clips,
at the levels indicated in the ‘‘Final continuation or recurrence of a
fasteners, seals, and sound-deadening
Results of Review’’ section of this countervailable subsidy and the net
pads are also covered by the scope of
notice. countervailable subsidy likely to prevail
this order if they are included within
DATES: Applicable July 25, 2018.
if the order were revoked. The Issues
the sales price of the drawn stainless
and Decision Memorandum is a public
FOR FURTHER INFORMATION CONTACT: steel sinks.6 For purposes of this scope
document and is on file electronically
David Crespo, AD/CVD Operations, definition, the term ‘‘drawn’’ refers to a
via Enforcement and Compliance’s
Office II, Enforcement and Compliance, manufacturing process using metal
Antidumping and Countervailing Duty
International Trade Administration, forming technology to produce a smooth
Centralized Electronic Service System
U.S. Department of Commerce, 1401 basin with seamless, smooth, and
(ACCESS). ACCESS is available to
Constitution Avenue NW, Washington, rounded corners. Drawn stainless steel
registered users at http://
DC 20230; telephone: (202) 482–3693. sinks are available in various shapes
access.trade.gov, and to all in the
SUPPLEMENTARY INFORMATION: and configurations and may be
Central Records Unit, Room B8024 of
described in a number of ways
Background the main Department of Commerce
including flush mount, top mount, or
On April 11, 2013, Commerce building. In addition, a complete
undermount (to indicate the attachment
published its countervailing duty order version of the Issues and Decision
relative to the countertop). Stainless
on drawn stainless steel sinks from Memorandum can be accessed directly
steel sinks with multiple drawn bowls
China.1 On March 5, 2018, Commerce on the internet at http://
that are joined through a welding
published the notice of initiation of the enforcement.trade.gov/frn. The signed
operation to form one unit are covered
first sunset review of the countervailing Issues and Decision Memorandum and
by the scope of the order. Drawn
duty order on drawn stainless steel the electronic version of the Issues and
stainless steel sinks are covered by the
sinks from China pursuant to section Decision Memorandum are identical in
scope of the order whether or not they
751(c) of the Act.2 On March 16, 2018, content.
are sold in conjunction with non-subject
Commerce received a notice of intent to accessories such as faucets (whether Final Results of Review
participate from Elkay Manufacturing attached or unattached), strainers,
Company (Elkay), a domestic interested Pursuant to sections 751(c)(1) and
party, within the deadline specified in 4 See
Letter from Elkay ‘‘First Five-Year (‘Sunset’) 752(b) of the Act, Commerce determines
19 CFR 351.218(d)(1)(i).3 Elkay claimed Review of the Countervailing Duty Order on Drawn that revocation of the countervailing
Stainless Steel Sinks from the People’s Republic of duty order on drawn stainless steel
1 See Drawn Stainless Steel Sinks from the China/Substantive Response to the Notice of sinks from China would be likely to lead
daltland on DSKBBV9HB2PROD with NOTICES
People’s Republic of China: Countervailing Duty Initiation,’’ dated April 2, 2018.
Order, 78 FR 21596 (April 11,2013) (Order). 5 See Letter to the ITC re: ‘‘Sunset Reviews to the continuation or recurrence of a
2 See Initiation of Five-Year (Sunset) Reviews, 83 Initiated on March 5, 2018,’’ dated April 10, 2018.
FR 9279 (March 5, 2018). 6 Mounting clips, fasteners, seals, and sound- 7 See Memorandum ‘‘Issues and Decision
3 See Letter from Elkay ‘‘First Five-Year (‘Sunset’) deadening pads are not covered by the scope of this Memorandum for the Expedited First Sunset
Review of Countervailing Duty Order on Drawn order if they are not included within the sales price Review of the Countervailing Duty Order on Drawn
Stainless Steel Sinks from the People’s Republic of of the drawn stainless steel sinks, regardless of Stainless Steel Sinks from the People’s Republic of
China/Elkay Manufacturing Company’s Notice of whether they are shipped with or entered with China,’’ dated concurrently with this notice (Issues
Intent to Participate,’’ dated March 16, 2018. drawn stainless steel sinks. and Decision Memorandum).
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Document Created: 2018-07-25 00:45:08
Document Modified: 2018-07-25 00:45:08
| 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 September 24, 2018. | |
| Contact | Requests for additional information or copies of the information collection instrument and instructions should be directed to David Ritchie, International Trade Administration, 202- 482-4936 or [email protected] More information on the arbitration mechanism may be found at https://www.trade.gov/td/ services/odsi/swiss-us-privacyshield-framework.pdf. | |
| FR Citation | 83 FR 35210 |
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