83 FR 55447 - Applications for Inclusion on the Binational Panels Roster Under the North American Free Trade Agreement

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range		55447-55449
FR Document		2018-24119
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 roster. The Office of the United States Trade Representative (USTR) invites applications from eligible individuals wishing to be included on the roster for the period April 1, 2019, through March 31, 2020.
Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55447-55449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24119]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0033]


Applications for Inclusion on the Binational Panels Roster Under 
the North American Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Invitation for applications.

-----------------------------------------------------------------------

SUMMARY: 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 roster. The Office of the United States Trade 
Representative (USTR) invites applications from eligible individuals 
wishing to be included on the roster for the period April 1, 2019, 
through March 31, 2020.

DATES: USTR must receive your application by November 26, 2018.

ADDRESSES: You should submit your application through the Federal 
eRulemaking Portal: http://www.regulations.gov, using docket number 
USTR-2018-0033. Follow the submission instructions in sections 7 and 8 
below. For alternatives to online submissions, please contact Sandy 
McKinzy at (202) 395-9483 before transmitting your application and in 
advance of the November 26, 2018 deadline.

FOR FURTHER INFORMATION CONTACT: Philip Butler, Assistant General 
Counsel, [email protected], (202) 395-5804.

SUPPLEMENTARY INFORMATION: 

1. Binational Panel AD/CVD Reviews Under the NAFTA

    Article 1904 of the NAFTA provides that a party involved in an AD/
CVD 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 AD/CVD 
determinations are in accordance with the domestic laws of the 
importing NAFTA Party using 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 15 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 
must consult and seek to achieve a mutually satisfactory solution.

2. 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 appoint 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.
    When there is a request to establish a panel, roster members from 
the two involved NAFTA Parties will complete a disclosure form that is 
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.

3. Criteria for Eligibility for Inclusion on Roster

    Section 402 of the NAFTA Implementation Act (Pub. L. 103-182,

[[Page 55448]]

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.

4. Adherence to the NAFTA Code of Conduct for Binational Panelists

    The ``Code of Conduct for Dispute Settlement Procedures Under 
Chapters 19 and 20'' (https://www.nafta-sec-alena.org/Home/Texts-of-the-Agreement/Code-of-Conduct), which was established pursuant to 
Article 1909 of the NAFTA, provides that current and former Chapter 19 
roster members ``shall avoid impropriety and the appearance of 
impropriety and shall observe high standards of conduct so that the 
integrity and impartiality of the dispute settlement process is 
preserved.'' The Code of Conduct also provides that candidates to serve 
on chapter 19 panels, as well as those who are ultimately selected to 
serve as panelists, have an obligation to ``disclose any interest, 
relationship or matter that is likely to affect [their] impartiality or 
independence, or that might reasonably create an appearance of 
impropriety or an apprehension of bias.'' Annex 1901.2 of the NAFTA 
provides that roster members may engage in other business while serving 
as panelists, subject to the Code of Conduct and provided that such 
business does not interfere with the performance of the panelist's 
duties. In particular, Annex 1901.2 states that ``[w]hile acting as a 
panelist, a panelist may not appear as counsel before another panel.''

5. Procedures for Selection of Roster Members

    Section 402 establishes procedures for the selection by USTR 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 1st of each calendar year.
    Under Section 402, an interagency committee chaired by USTR 
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.

6. Remuneration

    Roster members selected for service on a Chapter 19 binational 
panel will be remunerated at the rate of 800 Canadian dollars per day.

7. Applications

    USTR invite eligible individuals who wish to be included on the 
Chapter 19 roster for the period April 1, 2019, through March 31, 2020, 
to submit an application. In order to be assured of consideration, USTR 
must receive your application by November 26, 2018. All submissions 
must be sent electronically via www.regulations.gov. For alternatives 
to online submissions, please contact Sandy McKinzy at (202) 395-9483 
before transmitting your application and in advance of the November 26, 
2018 deadline.
    To submit an application via regulations.gov, enter docket number 
USTR-2018-0033 on the home page and click ``search.'' The site will 
provide a search-results page listing all documents associated with 
this docket. Find a reference to this notice by selecting ``notice'' 
under ``document type'' on the left side of the search-results page, 
and click on the ``comment now!'' link. For further information on 
using the www.regulations.gov website, please consult the resources 
provided on the website by clicking on the ``How to Use 
Regulations.gov'' on the bottom of the page.
    The www.regulations.gov website allows users to provide comments by 
filling in a ``type comment'' field, or by attaching a document using 
an ``upload file'' field. USTR prefers that applications be provided in 
an attached document. If a document is attached, please type 
``Application for Inclusion on NAFTA Chapter 19 Roster'' in the 
``upload file'' field. USTR prefers submissions in Microsoft Word 
(.doc) or Adobe Acrobat (.pdf). If the submission is in an application 
other than those two, please indicate the name of the application in 
the ``type comment'' field.
    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 number, fax number, and email 
address.
    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 
addresses 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 Governments of the United States, Canada, or 
Mexico.
    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 the 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 
numbers of three individuals willing to provide information concerning 
the applicant's qualifications for service, including the applicant's 
character, reputation, reliability, judgment, and familiarity with 
international trade law.


[[Page 55449]]



8. Current Roster Members and Prior Applicants

    Current members of the Chapter 19 roster who remain interested in 
inclusion on the Chapter 19 roster only need to indicate that they are 
reapplying and submit updates (if any) to their applications on file. 
Current members do not need to resubmit their applications. Individuals 
who have previously applied but have not been selected must submit new 
applications to 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.

9. Public Disclosure

    Applications are covered by a Privacy Act System of Records Notice 
and are not subject to public disclosure and will not be posted 
publicly on www.regulations.gov. They may be referred to other federal 
agencies and Congressional committees in the course of determining 
eligibility for the roster, and shared with foreign governments and the 
NAFTA Secretariat in the course of panel selection.

10. 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 that 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.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2018-24119 Filed 11-2-18; 8:45 am]
 BILLING CODE 3290-F9-P
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices 55447

March 27, 1978, the Foreign Affairs provide accurate information may impede the importing NAFTA Party using the
Reform and Restructuring Act of 1998 your ability to register for the event. standard of review that would have
(112 Stat. 2681, et seq.; 22 U.S.C. 6501 Marcee F. Craighill, been applied by a domestic court of the
note, et seq.), Delegation of Authority Fine Arts Committee, Department of State.
importing NAFTA Party. A panel may
No. 234 of October 1, 1999, and uphold the AD/CVD determination, or
[FR Doc. 2018–24116 Filed 11–2–18; 8:45 am]
Delegation of Authority No. 236–3 of may remand it to the national
BILLING CODE 4710–24–P
August 28, 2000. administering authority for action not
inconsistent with the panel’s decision.
Marie Therese Porter Royce, Panel decisions may be reviewed in
Assistant Secretary for Educational and OFFICE OF THE UNITED STATES specific circumstances by a three-
Cultural Affairs, Department of State. TRADE REPRESENTATIVE member extraordinary challenge
[FR Doc. 2018–24117 Filed 11–2–18; 8:45 am]
[Docket Number USTR–2018–0033] committee, selected from a separate
BILLING CODE 4710–05–P roster composed of 15 current or former
Applications for Inclusion on the judges.
Binational Panels Roster Under the Article 1903 of the NAFTA provides
DEPARTMENT OF STATE North American Free Trade Agreement that a NAFTA Party may refer an
amendment to the AD/CVD statutes of
AGENCY: Office of the United States another NAFTA Party to a binational
[Public Notice: 10599]
Trade Representative. panel for a declaratory opinion as to
Fine Arts Committee; Notice of ACTION: Invitation for applications. whether the amendment is inconsistent
Meeting with the General Agreement on Tariffs
SUMMARY: The North American Free and Trade (GATT), the GATT
The Fine Arts Committee of the Trade Agreement (NAFTA) provides for Antidumping or Subsidies Codes,
Department of State will meet on November the establishment of a roster of successor agreements, or the object and
16, 2018 at 1:00 p.m. in the Henry Clay Room individuals to serve on binational purpose of the NAFTA with regard to
of the Harry S. Truman Building, 2201 C panels convened to review final the establishment of fair and predictable
Street NW, Washington, DC 20520. The determinations in antidumping or conditions for the liberalization of trade.
meeting will last until approximately 4:00 countervailing duty (AD/CVD) If the panel finds that the amendment is
p.m. and is open to the public. proceedings and amendments to AD/ inconsistent, the two NAFTA Parties
The agenda for the committee meeting will CVD statutes of a NAFTA Party. The must consult and seek to achieve a
include a summary of the work of the Fine United States annually renews its mutually satisfactory solution.
Arts Office since its last meeting on April 20, selections for the roster. The Office of
2018 and the announcement of gifts and the United States Trade Representative 2. Roster and Composition of Binational
loans of furnishings as well as financial (USTR) invites applications from Panels
contributions from January 1, 2018 through eligible individuals wishing to be Annex 1901.2 of the NAFTA provides
October 15, 2018. included on the roster for the period for the maintenance of a roster of at least
Public access to the Department of State is April 1, 2019, through March 31, 2020. 75 individuals for service on Chapter 19
strictly controlled and space is limited. binational panels, with each NAFTA
DATES: USTR must receive your
Members of the public wishing to take part Party selecting at least 25 individuals. A
application by November 26, 2018.
in the meeting should telephone the Fine separate five-person panel is formed for
Arts Office at (202) 647–1990 or send an ADDRESSES: You should submit your
application through the Federal each review of a final AD/CVD
email to Curator@state.gov by November 9,
eRulemaking Portal: http:// determination or statutory amendment.
2018, providing their name, date of birth,
www.regulations.gov, using docket To form a panel, the two NAFTA Parties
citizenship, and a government-issued ID
number USTR–2018–0033. Follow the involved each appoint two panelists,
number [i.e., from a U.S. government ID
(agency), U.S. military ID (branch), passport submission instructions in sections 7 normally by drawing upon individuals
(country), or driver’s license (state)] in order and 8 below. For alternatives to online from the roster. If the Parties cannot
to gain admittance. All attendees must use submissions, please contact Sandy agree upon the fifth panelist, one of the
the ‘‘C’’ Street entrance located at 2201 C McKinzy at (202) 395–9483 before Parties, decided by lot, selects the fifth
Street NW, Washington, DC. One of the transmitting your application and in panelist from the roster. The majority of
following valid IDs will be required for advance of the November 26, 2018 individuals on each panel must consist
admittance: Any U.S. driver’s license with deadline. of lawyers in good standing, and the
photo, a passport, or a U.S. government chair of the panel must be a lawyer.
FOR FURTHER INFORMATION CONTACT: When there is a request to establish a
agency or military ID. Attendees should
Philip Butler, Assistant General panel, roster members from the two
expect to remain in the meeting for the entire
Counsel, Philip.A.Butler@ustr.eop.gov, involved NAFTA Parties will complete
session. The public may take part in the
discussion as long as time permits and at the
(202) 395–5804. a disclosure form that is used to identify
discretion of the chairman. SUPPLEMENTARY INFORMATION: possible conflicts of interest or
Personal data is being collected pursuant to 1. Binational Panel AD/CVD Reviews appearances thereof. The disclosure
22 U.S.C. 2651a and 22 U.S.C. 4802 for the Under the NAFTA form requests information regarding
purpose of screening and pre-clearing financial interests and affiliations,
participants to enter the host venue at the Article 1904 of the NAFTA provides including information regarding the
U.S. Department of State, in line with that a party involved in an AD/CVD identity of clients of the roster member
standard security procedures for events of proceeding may obtain review by a and, if applicable, clients of the roster
this size. The Department of State will use binational panel of a final AD/CVD member’s firm.
this information consistent with the routine determination of one NAFTA Party with
uses set forth in the System of Records respect to the products of another 3. Criteria for Eligibility for Inclusion
Notices for Protocol Records (STATE–33) and NAFTA Party. Binational panels decide on Roster
Security Records (State–36). Provision of this whether AD/CVD determinations are in Section 402 of the NAFTA
information is voluntary, but failure to accordance with the domestic laws of Implementation Act (Pub. L. 103–182,

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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices 55449

8. Current Roster Members and Prior DEPARTMENT OF TRANSPORTATION Program, on September 26, 2018, subject
Applicants to certain conditions designed to ensure
Federal Railroad Administration safety, FRA approved BNSF’s Test
Current members of the Chapter 19 Program and suspended the
[Docket No. FRA–2018–0091]
roster who remain interested in requirements of 49 CFR 213.233(c) as
inclusion on the Chapter 19 roster only Approval of BNSF Railway Company necessary to carry out the Test
need to indicate that they are reapplying Test Program To Evaluate Automated Program.1 As required by 49 CFR
and submit updates (if any) to their Track Inspection Technologies 211.51(c), FRA is providing this
applications on file. Current members explanatory statement describing the
do not need to resubmit their AGENCY: Federal Railroad Test Program.
applications. Individuals who have Administration (FRA), Department of The Test Program specifies that the
previously applied but have not been Transportation (DOT). pilot program will be conducted on
selected must submit new applications ACTION: Notice of approval. approximately 1,348 miles of main and
to reapply. If an applicant, including a siding tracks from Lincoln, Nebraska
SUMMARY: FRA is issuing this notice to
current or former roster member, has and Donkey Creek, Wyoming and back
explain its rationale for approving a
previously submitted materials referred to Lincoln, Nebraska via BNSF’s coal
BNSF Railway Company (BNSF) Test
to in item 9, such materials need not be loop excluding the Orin Subdivision.
Program designed to evaluate the
resubmitted. Specifically, the Test Territory includes
effectiveness of various types of
the following track segments spanning
9. Public Disclosure automated track inspection technologies
seven subdivisions of BNSF’s Powder
and for granting a limited, temporary
River Subdivision:
Applications are covered by a Privacy suspension of one Federal railroad
1. Ravenna (Milepost (MP) 11.082 to
Act System of Records Notice and are safety requirement necessary to
MP 128.200);
not subject to public disclosure and will facilitate the conduct of the Test
2. Sand Hills (MP 128.2 to MP 364.1);
not be posted publicly on Program.
3. Butte (MP 364.1 to MP 476.1);
www.regulations.gov. They may be FOR FURTHER INFORMATION CONTACT: Yu- 4. Black Hills (MP 476.1 to MP
referred to other federal agencies and Jiang Zhang, Staff Director, Track 586.286);
Congressional committees in the course Division, Office of Railroad Safety, FRA, 5. Canyon (MP 90.4 to MP 133.2);
of determining eligibility for the roster, 1200 New Jersey Avenue SE, 6. Valley (MP 0.00 to 90.4); and
and shared with foreign governments Washington, DC 20590, telephone (202) 7. Angora (MP 33.826 to MP 0.3).
and the NAFTA Secretariat in the 493–6460 or email yujiang.zhang@ The Test Program explains that
course of panel selection. dot.gov; Aaron Moore, Attorney, Office tonnage over the Test Territory varies by
10. False Statements of Chief Counsel, FRA, 1200 New Jersey subdivision from 105 million gross tons
Avenue SE, Washington, DC 20590, (MGT) to 198 MGT and that the primary
Pursuant to section 402(c)(5) of the telephone (202) 493–7009 or email traffic over the Test Territory is coal
NAFTA Implementation Act, false aaron.moore@dot.gov. traffic. Further, BNSF indicates that 55
statements by applicants regarding their SUPPLEMENTARY INFORMATION: On July percent of the ties in the Test Territory
personal or professional qualifications, 31, 2018, BNSF petitioned FRA under are concrete and 45 percent are wood,
or financial or other relevant interests Title 49 Code of Federal Regulations with 520 control points, 292 bridges and
that bear on the applicants’ suitability (CFR) Section 211.51 to suspend certain 598 turnouts included within the
for placement on the Chapter 19 roster requirements of its track safety territory.
or for appointment to binational panels, regulations to conduct a pilot program The Test Program is designed to test
are subject to criminal sanctions under testing various types of automated track the use of manned and unmanned track
18 U.S.C. 1001. inspection methodologies on identified geometry cars for track inspection as a
portions of BNSF’s Powder River viable alternative to manual visual
Juan Millan, Division main line and siding tracks. inspections and to implement and test
Assistant United States Trade Representative BNSF also submitted a Test Program an optical visual platform to
for Monitoring and Enforcement, Office of providing a description of the proposed supplement manual visual inspections.
the U.S. Trade Representative. pilot program and the geographic scope The Test Program will be carried out in
[FR Doc. 2018–24119 Filed 11–2–18; 8:45 am] of the testing territory. After review and four separate phases over the course of
BILLING CODE 3290–F9–P analysis of the Petition and Test one year as detailed in Table 1 below:

Phase Days Inspection Metric

1 ...................... 1–60 ............... • Maintain current manual visual inspection fre- Below 2014 baseline for:
quency. 1. Unprotected Red tags/100 miles = 6.95.
• Target of approximately weekly geometry car fre-
quency.
• Joint BNSF/FRA ‘‘baseline’’ manual field inspection
2 ...................... 61–120 ........... • Weekly mandated manual visual main line inspec- Reduction from baseline:
tions; monthly sidings. 1. Unprotected Red tags/100 miles = 5.0 or
• Target of approximately weekly mainline geometry below measured quarterly (28% reduction).
car frequency; monthly sidings.
• ATIP Inspection near end of phase 2 ......................

1 On October 24, 2018, in response to a request

from BNSF, FRA modified the conditions of its
September 26, 2018 approval.

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Document Created: 2018-11-03 00:28:36
Document Modified: 2018-11-03 00:28:36
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		Invitation for applications.
Dates		USTR must receive your application by November 26, 2018.
Contact		Philip Butler, Assistant General Counsel, [email protected], (202) 395-5804.
FR Citation		83 FR 55447