Notice of Determination Pursuant to Section 301: Vietnam's Acts, Policies, and Practices Related to Currency Valuation
| Published date | 22 January 2021 |
| Citation | 86 FR 6732 |
| Record Number | 2021-01352 |
| Section | Notices |
| Court | Trade Representative Office Of The United States |
6732
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices
1
See Port R.Rs.—Lease & Operation Exemption—
S. Pac. Transp. Co., FD 32457 (ICC served Mar. 14,
1994) (authorizing lease of approximately 107.438
miles of line); San Joaquin Valley R.R.—Corp.
Family Transaction Exemption—Port R.Rs., FD
32906 (STB served May 3, 1996). According to the
verified notice, the milepost designations differ
slightly from the Original Lease, reflecting updated
mileposts on the Lines.
2
A copy of the Lease with the interchange
commitment was submitted under seal. See 49 CFR
1150.43(h)(1).
at or near Ingle, Cal.; (2) the Westside
Branch (Lower Los Banos) from Ingle,
milepost 181.9 to Fresno, Cal., at
milepost 207.0 and including the
Riverdale Branch from Ingle, milepost
181.8 to the end of the track at or near
milepost 206.2 at Burrell, Cal.; (3) the
Buttonwillow Branch from Kern Jct.,
Cal., milepost 316.3 to Gosford, Cal.,
milepost 322.6; and (4) the
Buttonwillow Branch from Gosford,
milepost 322.6 to the end of the track at
or near Buttonwillow, Cal., milepost
346.3.
According to SJVR, it has entered into
a lease with UP (the Lease) to replace a
1994 lease (the Original Lease) between
UP’s predecessor company, Southern
Pacific Transportation Company, and
SJVR, as an assignee of Port Railroads,
Inc., and that SJVR is currently the
operator of the Lines under the Original
Lease.
1
SJVR states that it entered the
Lease with UPRR on December 28, 2020,
to further extend the term of the
Original Lease and make other
commercial revisions and that SJVR will
continue to be the operator after the
transaction.
SJVR certifies that the Lease contains
an interchange commitment.
2
Accordingly, SJVR has provided
additional information regarding the
interchange commitment, as required by
49 CFR 1150.43(h).
SJVR certifies that its projected
revenues as a result of the transaction
will not exceed those that would qualify
it as a Class III carrier but also certifies
that its revenues currently exceed $5
million. Pursuant to 49 CFR 1150.42(e),
if a carrier’s projected annual revenues
will exceed $5 million, it must, at least
60 days before the exemption becomes
effective, post a notice of its intent to
undertake the proposed transaction at
the workplace of the employees on the
affected lines, serve a copy of the notice
on the national offices of the labor
unions with employees on the affected
lines, and certify to the Board that it has
done so. However, SJVR’s verified
notice includes a request for waiver of
the 60-day advance labor notice
requirements. SJVR’s waiver request
will be addressed in a separate decision.
The Board will establish the effective
date of the exemption in its separate
decision on the waiver request.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than January 29, 2021.
All pleadings, referring to Docket No.
FD 36466, should be filed with the
Surface Transportation Board via e-
filing on the Board’s website. In
addition, a copy of each pleading must
be served on SJVR’s representative, Eric
M. Hocky, Clark Hill PLC, Two
Commerce Square, 2001 Market St.,
Suite 2620, Philadelphia, PA 19103.
According to SJVR, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: January 15, 2021.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021–01356 Filed 1–21–21; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2020–0037]
Notice of Determination Pursuant to
Section 301: Vietnam’s Acts, Policies,
and Practices Related to Currency
Valuation
AGENCY
: Office of the United States
Trade Representative (USTR).
ACTION
: Notice.
SUMMARY
: The U.S. Trade
Representative has determined that
Vietnam’s acts, policies, and practices
related to currency valuation, including
excessive foreign exchange market
interventions and other related actions,
taken in their totality, are unreasonable
and burden or restrict U.S. commerce,
and thus actionable under Section 301.
FOR FURTHER INFORMATION CONTACT
: For
questions concerning the investigation,
contact Michael T. Gagain, Assistant
General Counsel, 202–395–9529, or
Marta M. Prado, Deputy Assistant U.S.
Trade Representative for Southeast Asia
and the Pacific, 202–395–6216.
SUPPLEMENTARY INFORMATION
:
I. Proceedings in the Investigation
On October 2, 2020, the U.S. Trade
Representative initiated an investigation
of Vietnam’s acts, policies, and practices
related to the valuation of its currency
pursuant to section 302(b)(1)(A) of the
Trade Act of 1974, as amended (the
Trade Act). See 85 FR 63637 (Oct. 8,
2020) (notice of initiation). In the notice
of initiation, USTR explained that the
Government of Vietnam, through the
State Bank of Vietnam, tightly manages
the value of its currency, and that the
State Bank of Vietnam’s management of
Vietnam’s currency is closely tied to the
U.S. dollar. USTR also explained that
available analysis indicated that
Vietnam’s currency had been
undervalued over the past three years,
and that available evidence indicated
that Vietnam, through the State Bank of
Vietnam, actively intervened in the
exchange market, which contributed to
the dong’s undervaluation in 2019.
The notice of initiation solicited
written comments regarding various
issues in the investigation. Interested
persons filed 66 written submissions in
response to the notice of initiation.
In a notice published on November
25, 2020, USTR announced further
opportunities for public input. See 85
FR 75397 (Nov. 25, 2020) (hearing
notice). In the hearing notice, USTR
announced that the interagency Section
301 Committee would hold a virtual
public hearing on December 29, 2020,
and that interested persons could
submit post-hearing comments,
addressed to any matter raised in the
hearing testimony or prior written
submissions, by January 7, 2021. In
response to an inquiry from certain
interested persons, USTR confirmed
that post-hearing comments may
address the December 16, 2020,
Department of the Treasury report on
Macroeconomic and Foreign Exchange
Policies of Major Trading Partners of the
United States. During the public
hearing, 21 witnesses provided
testimony and responded to questions.
USTR received 18 written submissions
following the hearing.
The written submissions are publicly
available on the docket in this
investigation. A transcript of the public
hearing is available on the public docket
and is posted on USTR’s website.
Under section 303 of the Trade Act,
the U.S. Trade Representative requested
consultations with the Government of
Vietnam regarding the issues involved
in the investigation. Consultations were
held on December 23, 2020.
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6733
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices
II. Determination on the Acts, Policies,
and Practices Under Investigation
Based on information obtained during
the investigation, and in consultation
with the Department of the Treasury
and other agencies represented on the
Section 301 Committee, USTR has
prepared and published a
comprehensive report on Vietnam’s
acts, policies, and practices related to
the undervaluation of its currency (the
Report). The Report, which is posted on
the USTR website at https://ustr.gov/
issue-areas/enforcement/section-301-
investigations/section-301-vietnam,
includes a full discussion on whether
the acts, policies, and practices under
investigation are actionable under
section 301(b) of the Trade Act. The
Report supports a finding that Vietnam’s
acts, policies, and practices related to
currency valuation, including excessive
foreign exchange market interventions
and other related actions, taken in their
totality, are unreasonable and burden or
restrict U.S. commerce.
In consultation with the Department
of the Treasury, based on the
information obtained during the
investigation, and taking account of
public comments and the advice of the
Section 301 Committee and advisory
committees, the U.S. Trade
Representative has made the following
determination under sections 301(b) and
304(a) of the Trade Act (19 U.S.C.
2411(b) and 2414(a)): As described in
the Report, Vietnam’s acts, policies, and
practices related to currency valuation,
including excessive foreign exchange
market interventions and other related
actions, taken in their totality, are
unreasonable and burden or restrict U.S.
commerce, and thus actionable under
Section 301(b) of the Trade Act. In
particular:
1. Vietnam’s acts, policies, and
practices with respect to currency
valuation, including excessive foreign
exchange market interventions and
other related actions, taken in their
totality and as discussed in further
detail in the Report, are unreasonable in
light of U.S. and international norms
that exchange rate policy should not be
undertaken to gain an unfair
competitive advantage in international
trade, should not artificially enhance a
country’s exports and restrict its imports
in ways that do not reflect the
underlying competitiveness, should not
prevent exchange rates from reflecting
underlying economic and financial
conditions, and should not prevent
balance of payments adjustment;
2. Vietnam’s acts, policies, and
practices that contribute to
undervaluation of its currency through
excessive foreign exchange market
interventions and other related actions
burden or restrict U.S. commerce; and,
accordingly,
3. The acts, policies, and practices
under investigation are actionable under
Section 301(b) of the Trade Act.
III. Further Proceedings
Sections 301(b) and 304(a)(1)(B) of the
Trade Act provide that if the U.S. Trade
Representative determines that an act,
policy, or practice of a foreign country
is unreasonable or discriminatory and
burdens or restricts U.S. commerce, the
U.S. Trade Representative shall
determine what action, if any, to take
under Section 301(b). These matters will
be addressed in subsequent proceedings
under Section 301.
Juan Millan,
Assistant U.S. Trade Representative for
Monitoring and Enforcement, Office of the
United States Trade Representative.
[FR Doc. 2021–01352 Filed 1–21–21; 8:45 am]
BILLING CODE 3290–F0–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Small Shipyard Grant Program;
Application Deadlines
AGENCY
: Maritime Administration,
Department of Transportation.
ACTION
: Notice of Small Shipyard Grants
Application Deadlines.
SUMMARY
: Under the Small Shipyard
Grant Program, $19,600,000 is currently
available for grants to: (1) Make capital
and related improvements to qualified
shipyard facilities that will be effective
in fostering efficiency, competitive
operations, and quality ship
construction, repair, and
reconfiguration, and (2) provide training
for workers in shipbuilding, ship repair,
and associated industries. This notice
announces the intention of the Maritime
Administration (MARAD) to provide for
grants to small shipyards. Federal
Assistance Listing Number: 20.814
(formerly known as the Catalog of
Federal Domestic Assistance Number).
Potential applicants are advised that it
is expected, based on experience, that
the number of applications will far
exceed the funds available and that only
a small percentage of applications will
be funded. Historically, the program has
selected roughly 15–30 applications for
funding with an average grant amount of
about $1 million.
Timing of Grant Applications
In accordance with the statutory
requirement at 46 U.S.C. 54101(f)(1) that
applications must be submitted within
60 days of the Consolidated
Appropriations Act, 2021 (Pub. L. 116–
260, December 27, 2020), applications
must be received by MARAD by 5:00
p.m. EST on February 25, 2021.
Applications received later than this
time will not be considered. The
Administrator shall award grants under
this section not later than 120 days after
the date of the enactment of the
appropriations Act for the fiscal year
concerned.
ADDRESSES
: Grant Applications should
be sent to the Associate Administrator
for Business and Finance Development,
Room W21–318, Maritime
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
Only applicants who comply with all
submission requirements described in
this notice will be eligible for award.
FOR FURTHER INFORMATION CONTACT
: For
further information concerning this
notice, please contact David M. Heller,
Director, Office of Shipyards and
Marine Engineering, Maritime
Administration, Room W21–318, 1200
New Jersey Avenue SE, Washington, DC
20590; phone: (202) 366–5737; or fax:
(202) 366–6988.
SUPPLEMENTARY INFORMATION
: Grants
under MARAD’s Small Shipyard Grant
Program may not be used to construct
buildings or other physical facilities or
to acquire land. Grant funds may be
used for maritime training programs to
foster employee skills and enhanced
productivity related to shipbuilding,
ship repair, and associated industries.
Grants for such training programs may
only be awarded to ‘‘Eligible
Applicants’’ as described below, but
training programs can be established
through vendors to such applicants.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
A. Program Description
The Small Shipyard Grant Program
was authorized under Section 3501 of
the National Defense Authorization Act
for Fiscal Year 2020 (Pub. L. 116–92),
codified at 46 U.S.C. 54101. The statute
authorizes the Maritime Administrator
to provide assistance in the form of
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