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Federal Register / Vol. 73, No.

71 / Friday, April 11, 2008 / Notices 19909

re-submission. If additional submissions are communication directly from the agency that OFFICE OF THE UNITED STATES
necessary, they will be treated as initial contributed the original information, the FBI TRADE REPRESENTATIVE
submittals and will require a second payment Identification Division makes any changes
of the processing fee. necessary in accordance with the information Generalized System of Preferences
3. Fees for processing fingerprint checks supplied by that agency. The licensee must (GSP): Re-initiation of a Review to
are due upon application. The licensee shall
provide at least ten (10) days for an Consider the Designation of the
submit payment of the processing fees
electronically. In order to be able to submit individual to initiate an action challenging Republic of Azerbaijan as a Beneficiary
secure electronic payments, licensees will the results of a FBI CHRC after the record is Developing Country Under the GSP
need to establish an account with Pay.Gov made available for his/her review. The
(https://www.pay.gov). To request an licensee may make a final access AGENCY: Office of the United States
account, the licensee shall send an e-mail to determination based upon the criminal Trade Representative.
det@nrc.gov. The e-mail must include the history record only upon receipt of the FBI’s ACTION: Notice and solicitation of public
licensee’s company name, address, point of ultimate confirmation or correction of the comment.
contact (POC), POC e-mail address, and record. Upon a final adverse determination
phone number. The NRC will forward the on access to an ISFSI, the licensee shall SUMMARY: This notice announces the re-
request to Pay.Gov; who will contact the initiation of a review to consider
provide the individual its documented basis
licensee with a password and user lD. Once
for denial. Access to an ISFSI shall not be designating the Republic of Azerbaijan
licensees have established an account and
submitted payment to Pay.Gov, they shall granted to an individual during the review as a beneficiary developing country
obtain a receipt. The licensee shall submit process. (BDC) for purposes of the GSP program,
the receipt from Pay.Gov to the NRC along and solicits public comment relating to
G. Protection of Information
with fingerprint cards. For additional the designation. Comments are due by
guidance on making electronic payments, 1. The licensee shall develop, implement, Wednesday April 30, 2008, in
contact the Facilities Security Branch, and maintain a system for personnel accordance with the requirements for
Division of Facilities and Security, at (301) information management with appropriate submissions, explained below.
415–7739. Combined payment for multiple procedures for the protection of personal,
applications is acceptable. The application ADDRESS: Submit comments by
confidential information. This system shall
fee (currently $36) is the sum of the user fee be designed to prohibit unauthorized access
electronic mail (e-mail) to:
charged by the FBI for each fingerprint card to sensitive information and to prohibit
FR0711@USTR.EOP.GOV. (Note: the
or other fingerprint record submitted by the modification of the information without digit before the number in the e-mail
NRC on behalf of a licensee, and an NRC address is the number zero, not a letter.)
authorization.
processing fee, which covers administrative
2. Each licensee who obtains a criminal FOR FURTHER INFORMATION CONTACT: For
costs associated with NRC handling of
licensee fingerprint submissions. The history record on an individual pursuant to assistance or if unable to submit
Commission will directly notify licensees this Order shall establish and maintain a comments by e-mail, contact the GSP
who are subject to this regulation of any fee system of files and procedures, for protecting Subcommittee, Office of the United
changes. the record and the personal information from States Trade Representative; USTR
4. The Commission will forward to the unauthorized disclosure. Annex, Room F–220; 1724 F Street,
submitting licensee all data received from the 3. The licensee may not disclose the record NW., Washington, DC 20508 (Tel. 202–
FBI as a result of the licensee’s application(s) or personal information collected and 395–6971, Facsimile: 202–395–9481).
for criminal history records checks, including maintained to persons other than the subject
the FBI fingerprint record. SUPPLEMENTARY INFORMATION: The GSP
individual, his/her representative, or to those Subcommittee of the Trade Policy Staff
F. Right To Correct and Complete who have a need to access the information Committee (TPSC) has initiated a review
Information in performing assigned duties in the process in order to make a recommendation to
1. Prior to any final adverse determination, of determining suitability for unescorted the President as to whether the Republic
the licensee shall make available to the access to the protected area of an ISFSI. No of Azerbaijan meets the eligibility
individual the contents of any criminal individual authorized to have access to the criteria of the GSP statute, as set out
history records obtained from the FBI for the information may re-disseminate the
below. After considering the
purpose of assuring correct and complete information to any other individual who does
information. Written confirmation by the recommendation, the President is
not have the appropriate need-to-know.
individual of receipt of this notification must authorized to, and may, designate the
4. The personal information obtained on an
be maintained by the licensee for a period of country as a beneficiary developing
individual from a criminal history record
one (1) year from the date of notification. country for purposes of the GSP.
check may be transferred to another licensee
2. If, after reviewing the record, an
if the gaining licensee receives the
Interested parties are invited to
individual believes that it is incorrect or submit comments. Documents should be
incomplete in any respect and wishes to individual’s written request to re-disseminate
the information contained in his/her file, and submitted in accordance with the below
change, correct, or update the alleged instructions, to be considered in this
deficiency, or to explain any matter in the the gaining licensee verifies information such
record, the individual may initiate challenge as the individual’s name, date of birth, social review.
procedures. These procedures include either security number, sex, and other applicable Eligibility Criteria
direct application by the individual physical characteristics for identification
challenging the record to the agency (i.e., law purposes. The trade benefits of the GSP program
enforcement agency) that contributed the 5. The licensee shall make criminal history are available to any country that the
questioned information, or direct challenge records, obtained under this section, President designates as a GSP
as to the accuracy or completeness of any ‘‘beneficiary developing country.’’ In
available for examination by an authorized
entry on the criminal history record to the designating countries as GSP beneficiary
representative of the NRC to determine
Assistant Director, Federal Bureau of developing countries, the President
compliance with the regulations and laws.
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Investigation Identification Division, must consider the criteria in sections


Washington, DC 20537–9700 (as set forth in [FR Doc. E8–7727 Filed 4–10–08; 8:45 am]
28 CFR 16.30 through 16.34). In the latter
502(b)(2) and 502(c) of the Trade Act of
case, the FBI forwards the challenge to the BILLING CODE 7590–01–P 1974, as amended (19 U.S.C. 2462(b)(2),
agency that submitted the data and requests 2462(c)) (‘‘the Act’’). Section 502(b)(2)
that agency to verify or correct the challenged provides that a country is ineligible for
entry. Upon receipt of an official designation if:

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19910 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices

1. Such country is a Communist or association, or (iii) A dispute 5. The extent to which such country
country, unless— involving such citizen, corporation, is providing adequate and effective
(a) The products of such country partnership, or association over protection of intellectual property
receive nondiscriminatory treatment, (b) compensation for such a seizure has rights;
Such country is a WTO Member (as been submitted to arbitration under the 6. The extent to which such country
such term is defined in section 2(10) of provisions of the Convention for the has taken action to—
the Uruguay Round Agreements Act) (19 Settlement of Investment Disputes, or in (a) Reduce trade distorting investment
U.S.C. 3501(10)) and a member of the another mutually agreed upon forum, practices and policies (including export
International Monetary Fund, and (c) and the President promptly furnishes a performance requirements); and (b)
Such country is not dominated or copy of such determination to the Reduce or eliminate barriers to trade in
controlled by international communism. Senate and House of Representatives. services; and
2. Such country is a party to an 5. Such country fails to act in good 7. Whether or not such country has
arrangement of countries and faith in recognizing as binding or in taken or is taking steps to afford to
participates in any action pursuant to enforcing arbitral awards in favor of workers in that country (including any
such arrangement, the effect of which United States citizens or a corporation, designated zone in that country)
is— partnership, or association which is 50 internationally recognized worker
(a) To withhold supplies of vital percent or more beneficially owned by rights. Note that the Trade Act of 2002
commodity resources from international United States citizens, which have been amended paragraph (D) of the definition
trade or to raise the price of such made by arbitrators appointed for each of the term ‘‘internationally recognized
commodities to an unreasonable level, case or by permanent arbitral bodies to worker rights,’’ which now includes: (A)
and (b) To cause serious disruption of which the parties involved have The right of association; (B) the right to
the world economy. organize and bargain collectively; (C) a
submitted their dispute.
3. Such country affords preferential prohibition on the use of any form of
treatment to the products of a developed 6. Such country aids or abets, by
forced or compulsory labor; (D) a
country, other than the United States, granting sanctuary from prosecution to,
minimum age for the employment of
which has, or is likely to have, a any individual or group which has
children and a prohibition on the worst
significant adverse effect on United committed an act of international
forms of child labor as defined in
States commerce. terrorism or the Secretary of State makes
paragraph (6) of section 507(4) of the
4. Such country— a determination with respect to such Act; and (E) acceptable conditions of
(a) Has nationalized, expropriated, or country under section 6(j)(1)(A) of the work with respect to minimum wages,
otherwise seized ownership or control Export Administration Act of 1979 (50 hours of work, and occupational safety
of property, including patents, U.S.C. Appx. section 2405(j)(1)(A)) or and health.
trademarks, or copyrights, owned by a such country has not taken steps to
United States citizen or by a support the efforts of the United States Requirements for Submissions
corporation, partnership, or association to combat terrorism. All submissions must conform to the
which is 50 percent or more beneficially 7. Such country has not taken or is GSP regulations set forth at 15 CFR Part
owned by United States citizens, (b) Has not taking steps to afford internationally 2007, except as modified below.
taken steps to repudiate or nullify an recognized worker rights to workers in Comments must be submitted, in
existing contract or agreement with a the country (including any designated English, to the Chairman of the GSP
United States citizen or a corporation, zone in that country). Subcommittee of the Trade Policy Staff
partnership, or association which is 50 8. Such country has not implemented Committee (TPSC) as soon as possible,
percent or more beneficially owned by its commitments to eliminate the worst but not later than 5 p.m., April 30, 2008.
United States citizens, the effect of forms of child labor. In order to facilitate prompt
which is to nationalize, expropriate, or Section 502(c) provides that, in processing of submissions, USTR
otherwise seize ownership or control of determining whether to designate any requires electronic e-mail submissions
property, including patents, trademarks, country as a GSP beneficiary developing in response to this notice. Hand-
or copyrights, so owned, or (c) Has country, the President shall take into delivered submissions will not be
imposed or enforced taxes or other account: accepted. These submissions should be
exactions, restrictive maintenance or 1. An expression by such country of single-copy transmissions in English,
operational conditions, or other its desire to be so designated; with the total submission including
measures with respect to property, 2. The level of economic development attachments not to exceed 20 single-
including patents, trademarks, or of such country, including its per capita spaced standard letter-size pages in 12-
copyrights, so owned, the effect of gross national product, the living point type and three megabytes as a
which is to nationalize, expropriate, or standards of its inhabitants, and any digital file attached to an e-mail
otherwise seize ownership or control of other economic factors which the transmission. E-mail submissions
such property, unless the President President deems appropriate; should use the following subject line:
determines that— 3. Whether or not other major ‘‘Comments for the Republic of
(i) Prompt, adequate, and effective developed countries are extending Azerbaijan Eligibility Review.’’
compensation has been or is being made generalized preferential tariff treatment Documents must be submitted in
to the citizen, corporation, partnership, to such country; English in one of the following formats:
or association referred to above, (ii) 4. The extent to which such country WordPerfect (.WPD), Adobe (.PDF),
Good faith negotiations to provide has assured the United States that it will MSWord (.DOC), or text (.TXT) files.
prompt, adequate, and effective provide equitable and reasonable access Documents cannot be submitted as
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compensation under the applicable to the markets and basic commodity electronic image files or contain
provisions of international law are in resources of such country and the extent embedded images, e.g., ‘‘.JPG’’, ‘‘.TIF’’,
progress, or the country is otherwise to which such country has assured the ‘‘.BMP’’, or ‘‘.GIF’’. Supporting
taking steps to discharge its obligations United States that it will refrain from documentation submitted as
under international law with respect to engaging in unreasonable export spreadsheets are acceptable as Excel
such citizen, corporation, partnership, practices; files, formatted for printing on 81⁄2 x 11

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Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices 19911

inch paper. To the extent possible, any Monday through Friday, by calling (202) FOR FURTHER INFORMATION CONTACT:
data attachments to the submission 395–6186. James Sparrow on (202) 606–1803.
should be included in the same file as SUPPLEMENTARY INFORMATION:
Marideth J. Sandler,
the submission itself, and not as
Executive Director for the GSP Program, A. General
separate files.
Chairman, GSP Subcommittee of the Trade
If the submission contains business Policy Staff Committee. The Privacy Act (5 U.S.C. 552a), as
confidential information, a non- [FR Doc. E8–7702 Filed 4–10–08; 8:45 am]
amended, establishes the conditions
confidential version of the submission under which computer matching
BILLING CODE 3190–W8–P
must also be submitted that indicates involving the Federal government could
where confidential information was be performed and adding certain
redacted by inserting asterisks where protections for individuals applying for
material was deleted. In addition, the OFFICE OF PERSONNEL and receiving Federal benefits. Section
confidential submission must be clearly MANAGEMENT 7201 of the Omnibus Budget
marked ‘‘BUSINESS CONFIDENTIAL’’ Reconciliation Act of 1990 (Pub. L. 101–
at the top and bottom of each page of the Privacy Act of 1974; New Computer 508) further amended the Privacy Act
document. The non-confidential version Matching Program Between the Office regarding protections for such
must also be clearly marked at the top of Personnel Management and Social individuals.
and bottom of each page (either Security Administration The Privacy Act, as amended,
‘‘PUBLIC VERSION’’ or ‘‘NON- regulates the use of computer matching
AGENCY: Office of Personnel by Federal agencies when records in a
CONFIDENTIAL’’). Management (OPM). system of records are matched with
Documents that are submitted without ACTION: Notice—computer matching other Federal, State, or local government
any marking might not be accepted or between the Office of Personnel records. Among other things, it requires
will be considered public documents. Management and the Social Security Federal agencies involved in computer
For any document containing Administration. matching programs to:
business confidential information (1) Negotiate written agreements with
SUMMARY: In accordance with the the other agency for agencies
submitted as an electronic attached file
to an e-mail transmission, the file name Privacy Act of 1974 (5 U.S.C. 552a), as participating in the matching programs;
of the business confidential version amended by the Computer Matching (2) Obtain the approval of the match
should begin with the characters and Privacy Protection Act of 1988 (Pub. agreement by the Data Integrity Boards
‘‘BC–’’, and the file name of the public L. 100–503), Office of Management and (DIB) of the participating Federal
version should begin with the characters Budget (OMB) Guidelines on the agencies;
‘‘P–’’. The ‘‘P–’’ or ‘‘BC–’’ should be Conduct of Matching Programs (54 FR (3) Furnish detailed reports about
followed by the name of the party 25818 published June 19, 1989), and matching programs to Congress and
OMB Circular No. A–130, revised OMB;
(government, company, union,
November 28, 2000, ‘‘Management of (4) Notify applicants and beneficiaries
association, etc.) which is making the
Federal Information Resources,’’ the that their records are subject to
submission.
Office of Personnel Management (OPM) matching;
E-mail submissions should not is publishing notice of its new computer (5) Verify match findings before
include separate cover letters or matching program with the Social reducing, suspending, termination or
messages in the message area of the e- Security Administration (SSA). denying an individual’s benefits or
mail; information that might appear in DATES: OPM will file a report of the payments.
any cover letter should be included subject matching program with the
directly in the attached file containing B. OPM Computer Matches Subject to
Committee on Homeland Security and
the submission itself, including the Privacy Act
Governmental Affairs of the Senate, the
identifying information on the sender’s Committee on Oversight and We have taken action to ensure that
name, organization name, address, Government Reform of the House of all of OPM’s computer matching
telephone number and e-mail address. Representatives and the Office of programs comply with the requirements
The e-mail address for these Information and Regulatory Affairs, of the Privacy Act, as amended.
submissions is Office of Management and Budget
FR0711@USTR.EOP.GOV. (Note: The Notice of Computer Matching Program,
(OMB). The matching program will Office of Personnel Management (OPM)
digit before the number in the e-mail begin 30 days after the Federal Register
address is the number zero, not a letter.) With the Social Security
notice has been published or 40 days Administration (SSA)
Documents not submitted in accordance after the date of OPM’s submissions of
with these instructions might not be the letters to Congress and OMB, A. Participating Agencies
considered in this review. If unable to whichever is later. The matching OPM and SSA.
provide submissions by e-mail, please program will continue for 18 months
contact the GSP Subcommittee to from the beginning date and may be B. Purpose of the Matching Program
arrange for an alternative method of extended an additional 12 months The purpose of this agreement is to
transmission. thereafter. Subsequent matches will run establish the conditions under which
Public versions of all documents until one of the parties advises the other SSA agrees to the disclosure of tax
relating to this review will be available in writing of its intention to reevaluate, return information to OPM. The SSA
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for review approximately two weeks modify and/or terminate the agreement. records will be used in a matching
after the due date by appointment in the ADDRESSES: Send comments to Sean program in which OPM will match
USTR public reading room, 1724 F Hershey, Chief, Management SSA’s tax return records with OPM’s
Street, NW., Washington, DC. Information Branch, Office of Personnel records on disability retirees under age
Appointments may be made from 9:30 Management, Room 4316, 1900 E. 60, disabled adult child survivors,
a.m. to noon and 1 p.m. to 4 p.m., Street, NW., Washington, DC 20415. certain retirees in receipt of a

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