Request for Comments on the Possible Reinstatement of Certain Exclusions in the Section 301 Investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation
| Citation | 86 FR 56345 |
| Record Number | 2021-22062 |
| Published date | 08 October 2021 |
| Section | Notices |
| Court | Trade Representative Office Of The United States |
56345
Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
1
Craig is an unincorporated railroad location
immediately west of the boundary of the City of
Greensburg, Ind. See Patton-Lowe RR—Acquis.
Exemption—Consolidated Rail Corp., FD 36366,
slip op. at 1 n.1 (STB served Jan. 3, 2020).
2
The parties to the Transaction Agreement also
include Lowe’s Pellets and Grain, Inc. (Lowe’s), the
parent company of PLRI, and Next Generation, Inc.
(NEXTGEN).
3
The Transaction Agreement also provides for
the rehabilitation of certain track to allow CIND to
access the incidental track and the Lowe’s and
NEXTGEN facilities.
DEPARTMENT OF STATE
[Public Notice 11558]
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations: ‘‘Through
Vincent’s Eyes: Van Gogh and His
Sources’’ Exhibition
SUMMARY
: Notice is hereby given of the
following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to
agreements with their foreign owner or
custodian for temporary display in the
exhibition ‘‘Through Vincent’s Eyes:
Van Gogh and His Sources’’ at the
Columbus Museum of Art, Columbus,
Ohio; the Santa Barbara Museum of Art,
Santa Barbara, California; and at
possible additional exhibitions or
venues yet to be determined, are of
cultural significance, and, further, that
their temporary exhibition or display
within the United States as
aforementioned is in the national
interest. I have ordered that Public
Notice of these determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT
: Chi
D. Tran, Program Administrator, Office
of the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State, L/
PD, 2200 C Street NW (SA–5), Suite
5H03, Washington, DC 20522–0505.
SUPPLEMENTARY INFORMATION
: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, and
Delegation of Authority No. 236–3 of
August 28, 2000.
Matthew R. Lussenhop,
Acting Assistant Secretary, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2021–21972 Filed 10–7–21; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36538]
The Central Railroad Company of
Indiana—Acquisition and Operation
Exemption—Patton-Lowe RR, Inc.
The Central Railroad Company of
Indiana (CIND), a Class III railroad, has
filed a verified notice of exemption
under 49 CFR 1150.41 to enter into a
transaction agreement (Transaction
Agreement) with Patton-Lowe RR, Inc.
(PLRI), for CIND to acquire and operate
a rail line from approximately milepost
64.43 at Craig
1
(east of the SR46 Grade
Crossing, at a point of connection with
CIND’s Westport Industrial Track near
CIND milepost 225.0) to 100 feet east of
the switch at approximately milepost
64.61 (the Line).
2
The verified notice
states that CIND has also entered into a
trackage rights agreement to acquire
incidental trackage rights over a
connecting PLRI rail line, which will
allow CIND to provide local and
overhead service to customers.
3
CIND certifies that neither the
Transaction Agreement and nor the
trackage rights agreement impose or
include an interchange commitment.
CIND further certifies that its projected
revenues as a result of the transaction
will not exceed those that would qualify
it as a Class III rail carrier but that its
current annual revenues 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, CIND’s verified
notice includes a request for waiver of
the 60-day advance labor notice
requirements. CIND’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 October 15, 2021.
All pleadings, referring to Docket No.
FD 36538, should be filed with the
Surface Transportation Board via e-
filing on the Board’s website. In
addition, one copy of each pleading
must be served on CIND’s
representative, Eric M. Hocky, Clark Hill
PLC, Two Commerce Square, 2001
Market Street, Suite 2620, Philadelphia,
PA 19103.
According to CIND, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: October 5, 2021.
By the Board, Valerie O. Quinn, Acting
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021–22024 Filed 10–7–21; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Request for Comments on the Possible
Reinstatement of Certain Exclusions in
the Section 301 Investigation of
China’s Acts, Policies, and Practices
Related to Technology Transfer,
Intellectual Property, and Innovation
AGENCY
: Office of the United States
Trade Representative (USTR).
ACTION
: Notice and request for
comments.
SUMMARY
: In prior notices, the U.S.
Trade Representative modified the
action in the Section 301 investigation
of China’s acts, policies, and practices
related to technology transfer,
intellectual property, and innovation by
excluding certain products from
additional duties in multiple tranches.
From the various tranches of granted
exclusions, the U.S. Trade
Representative subsequently extended
549 exclusions. Most of these extensions
expired by December 31, 2020. The
remainder expired earlier this year.
USTR invites specific comments on
whether to reinstate particular product
exclusions.
DATES
: October 12, 2021 at 12:01 a.m.
EDT: The public docket on the web
portal at https://comments.USTR.gov
will open for parties to submit
comments on the possible reinstatement
of particular exclusions. December 1,
2021 at 11:59 p.m. EST: To be assured
of consideration, submit written
comments on the public docket by this
date.
ADDRESSES
: You must submit all
comments through the online portal:
https://comments.USTR.gov.
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56346
Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
1
List 1 Notices: 84 FR 70616 (December 23, 2019);
85 FR 15849 (March 19, 2020); 85 FR 20332 (April
10, 2020); 85 FR 29503 (May15, 2020); 85 FR 33775
(June 2, 2020); 85 FR 41267 (July 9,2020); 85 FR
59587 (September 22, 2020); 85 FR 62782 (October
5, 2020).
2
List 2 Notices: 85 FR 45949 (July 30, 2020); 85
FR 59595 (September 22, 2020); 85 FR 62786
(October 5, 2020).
3
List 3 Notices: 85 FR 48600 (August 11, 2020);
85 FR 57925 (September 16, 2020); 85 FR 63332
(October 7, 2020).
4
List 4a Notices: 85 FR 54616 (September 2,
2020); 85 FR 63330 (October 7, 2020).
FOR FURTHER INFORMATION CONTACT
: For
general questions about this notice and
request for comments, contact Associate
General Counsel Philip Butler or
Assistant General Counsel David
Salkeld at (202) 395–5725.
SUPPLEMENTARY INFORMATION
:
A. Background
In the course of this investigation the
U.S. Trade Representative imposed
additional duties on products of China
in four tranches. See 83 FR 28719 (June
20, 2018); 83 FR 40823 (August 16,
2018); 83 FR 47974 (September 21,
2018), as modified by 83 FR 49153
(September 28, 2018); and 84 FR 43304
(August 20, 2019), as modified by 84 FR
69447 (December 18, 2019); and 85 FR
3741 (January 22, 2020). Each tranche is
commonly known as a ‘List’, e.g., List 1,
List 2, etc. The fourth tranche is
contained in Lists 4A and 4B. No tariffs
on List 4B currently are in effect.
For each tranche, the U.S. Trade
Representative established a process by
which U.S. stakeholders could request
the exclusion of particular products
subject to the action. The first tranche
of exclusions expired in December 2019
and the final tranche of exclusions
expired in October 2020. Starting in
November 2019, the U.S. Trade
Representative established processes for
submitting public comments on whether
to extend particular exclusions. See,
e.g., 85 FR 6687 (February 5, 2019) and
85 FR 38482 (June 26, 2020). Pursuant
to these processes, the U.S. Trade
Representative determined to extend
137 exclusions covered under List 1,
1
59
exclusions on List 2,
2
266 exclusions on
List 3,
3
and 87 exclusions on List 4.
4
With the exception of exclusions related
to the COVID pandemic, all of these 549
exclusions have expired. In particular,
the exclusions for most of these
products expired by December 31, 2020,
and the remaining exclusions expired
on March 25, and April 18, 2021. See 85
FR 15849 and 85 FR 20332. USTR is
separately addressing the possible
extension of current COVID exclusions.
See 86 FR 48280 and 86 FR 54011.
B. Possible Reinstatement of Previously
Extended Product Exclusions
The U.S. Trade Representative is
considering the possible reinstatement
of previously extended exclusions
granted under the notices referenced in
notes 1–4 above. Accordingly, USTR
invites public comments on whether to
reinstate particular exclusions that
previously were extended. Additionally,
USTR invites public comments on the
appropriate length of the reinstated
exclusions.
USTR will evaluate the possible
reinstatement of each exclusion on a
case-by-case basis. The focus of the
evaluation will be whether, despite the
imposition of additional duties
beginning in September 2018, the
particular product remains available
only from China. In addressing this
factor, commenters should address
specifically:
•Whether the particular product
and/or a comparable product is
available from sources in the United
States and/or in third countries.
•Any changes in the global supply
chain since September 2018 with
respect to the particular product or any
other relevant industry developments.
•The efforts, if any, the importers or
U.S. purchasers have undertaken since
September 2018 to source the product
from the United States or third
countries.
•Domestic capacity for producing the
product in the United States.
In addition, USTR will consider
whether or not reinstating the exclusion
will impact or result in severe economic
harm to the commenter or other U.S.
interests, including the impact on small
businesses, employment, manufacturing
output, and critical supply chains in the
United States, as well as the overall
impact of the exclusions on the goal of
obtaining the elimination of China’s
acts, policies, and practices covered in
the Section 301 investigation.
USTR will seek advice and consult
with the agencies that make up the
interagency Section 301 Committee,
including the Small Business
Administration.
Exclusions reinstated pursuant to this
review would be retroactive with
respect to merchandise entered, or
withdrawn from warehouse, for
consumption on or after the opening of
the docket on October 12, 2021, for
which the entries are not liquidated at
the time the claim to apply the
reinstated exclusion is made to U.S.
Customs and Border Protection in
accordance with their procedures.
C. How To Comment on the
Reinstatement of Exclusions
The 549 previously-extended product
exclusions can be found in the notices
cited in notes 1–4 above. For ease of
reference, USTR also is publishing a list
of the previously extended exclusions
on its website at: https://ustr.gov/issue-
areas/enforcement/section-301-
investigations/section-301-china-
technology-transfer/china-section-301-
tariff-actions-and-exclusion-process/
reinstatement-certain-exclusions-
previously-extended.
To submit a comment either
supporting or opposing the
reinstatement of a particular exclusion,
commenters first must register on the
portal at https://comments.USTR.gov.
As noted above, the public docket on
the portal will be open for 50 days,
starting October 12, 2021. After
registration, the commenter may submit
an exclusion reinstatement comment to
the public docket.
A facsimile of the form containing the
questions to be addressed on the
comment docket is available on USTR’s
website at https://ustr.gov/issue-areas/
enforcement/section-301-investigations/
section-301-china-technology-transfer/
china-section-301-tariff-actions-and-
exclusion-process/reinstatement-
certain-exclusions-previously-extended.
Set out below is a summary of the
information to be submitted.
•Contact information, including the
full legal name of the organization
making the comment, and whether the
commenter is a third party.
•The previously extended exclusion
you are commenting on.
•Whether the product or products
covered by the exclusion are subject to
an antidumping or countervailing duty
order issued by the U.S. Department of
Commerce.
•Whether you support or oppose
reinstating the exclusion and an
explanation of your rationale.
•Whether the commenter meets the
size standard for a small business, as
established by the Small Business
Administration.
•The number of employees your
business employs in the United States.
•Whether the products covered by
the exclusion or comparable products
are available from sources in the U.S. or
in third countries.
•The efforts you have undertaken
since September 2018 to source the
product from the U.S. or third countries.
•As a domestic producer, your
capacity to produce the product in the
United States, your production in the
United States, your efforts to produce
domestically, and any constraints.
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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
•The value and quantity of the
Chinese-origin product covered by the
specific exclusion request purchased
over the last three years.
•Whether Chinese suppliers have
lowered their prices for products
covered by the exclusion following the
imposition of duties.
•The value and quantity of the
product covered by the exclusion
purchased from domestic and third
country sources over the last three
years.
•If applicable, the commenter’s gross
revenues for the last three years.
•Whether the Chinese-origin product
of concern is sold as a final product or
as an input.
•Whether or not reinstating the
exclusion will result in severe economic
harm to the commenter or other U.S.
interests.
•Whether the additional tariffs had
an impact on employment at your
company.
•Any additional information in
support of or in opposition to
reinstating the exclusion.
Commenters also may provide any
other information or data that they
consider relevant.
D. Submission Instructions
To be assured of consideration, you
must submit your comment during the
50-day period following the opening of
the public docket on the portal. Parties
seeking to comment on more than one
exclusion must submit a separate
comment for each exclusion. USTR’s
portal allows for the submission of
Business Confidential Information (BCI).
Fields with a (BCI) notation are for BCI
and the information entered will not be
publicly available. By submitting a
comment, the commenter certifies that
the information provided is complete
and correct to the best of their
knowledge.
Greta Peisch,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2021–22062 Filed 10–7–21; 8:45 am]
BILLING CODE 3390–F2–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Transportation Project in
Florida
AGENCY
: Federal Highway
Administration (FHWA), DOT.
ACTION
: Notice of limitation on claims
for judicial review.
SUMMARY
: The FHWA, on behalf of the
FDOT, is issuing this notice to
announce actions taken by FDOT and
other Federal Agencies that are final
agency actions. These actions relate to
the proposed State Road 30 (US 98)
Dupont Bridge Replacement Project in
Bay County, Florida. These actions grant
licenses, permits, or approvals for the
project.
DATES
: By this notice, the FHWA, on
behalf of FDOT, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal Agency
actions on the listed highway project
will be barred unless the claim is filed
on or before March 7, 2022. If the
Federal law that authorizes judicial
review of a claim provides a time period
of less than 150 days for filing such
claim, then that shorter time period still
applies.
FOR FURTHER INFORMATION CONTACT
: For
FDOT: Jennifer Marshall, P.E., Director,
Office of Environmental Management,
FDOT, 605 Suwannee Street, MS 37,
Tallahassee, Florida 32399; telephone
(863) 519–2239; email:
Jennifer.Marshall@dot.state.fl.us. The
FDOT Office of Environmental
Management’s normal business hours
are 8:00 a.m. to 5:00 p.m. (Eastern
Standard Time), Monday through
Friday, except State holidays.
SUPPLEMENTARY INFORMATION
: Effective
December 14, 2016, the FHWA assigned,
and the FDOT assumed, environmental
responsibilities for this project pursuant
to 23 U.S.C. 327. Notice is hereby given
that FDOT and other Federal Agencies
have taken final agency actions subject
to 23 U.S.C. 139 (l)(1) by issuing
licenses, permits, or approvals for the
proposed improvement highway project.
The actions by FDOT and other Federal
Agencies on the project, and the laws
under which such actions were taken
are described in the Environmental
Assessment approved on August 5,
2021, Finding of No Significant Impacts
approved on August 5, 2021, and in
other project records for the listed
project. The Environmental Assessment,
Finding of No Significant Impacts, and
other documents for the listed project
are available by contacting FDOT at the
address provided above. The
Environmental Assessment, Finding of
No Significant Impacts, and additional
project documents can be viewed and
downloaded from the project website at:
www.dupontbridge.com. The project
subject to this notice is:
Project Location: City of Parker in Bay
County, Florida. The project replaces
the Dupont Bridge and upgrades the
roadway approaches on US 98 from
south of the Bonita Bay Outdoor
Recreation Center to Oak Shore Drive, a
distance of approximately one mile.
Project Actions: This notice applies to
the Environmental Assessment, Finding
of No Significant Impacts and all laws
under which such actions were taken,
including but not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321 et
seq.]; Federal-Aid Highway Act (FAHA)
[23 U.S.C. 109 and 23 U.S.C. 128]; 23
CFR part 771.
2. Air: Clean Air Act (CAA) [42 U.S.C.
7401–7671(q)], with the exception of
project level conformity determinations
[42 U.S.C. 7506].
3. Noise: Noise Control Act of 1972
[42 U.S.C. 4901–4918]; 23 CFR 772.
4. Land: Section 4(f) of the
Department of Transportation Act of
1966 [23 U.S.C. 138 and 49 U.S.C. 303];
23 CFR part 774; Land and Water
Conservation Fund (LWCF) [54 U.S.C.
200302–200310].
5. Wildlife: Endangered Species Act
(ESA) [16 U.S.C. 1531–1544 and 1536];
Marine Mammal Protection Act [16
U.S.C. 1361–1423h], Anadromous Fish
Conservation Act [16 U.S.C. 757(a)–
757(f)]; Fish and Wildlife Coordination
Act [16 U.S.C. 661–667(d)]; Migratory
Bird Treaty Act (MBTA) [16 U.S.C. 703–
712]; Magnuson-Stevenson Fishery
Conservation and Management Act of
1976, as amended [16 U.S.C. 1801–
1891d], with Essential Fish Habitat
requirements [16 U.S.C. 1855(b)(2)].
6. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[54 U.S.C. 3006101 et seq.];
Archaeological Resources Protection Act
of 1979 (ARPA) [16 U.S.C. 470(aa)–
470(II)]; Preservation of Historical and
Archaeological Data [54 U.S.C. 312501–
312508]; Native American Grave
Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001–3013; 18
U.S.C. 1170].
7. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000d–2000d–1];
American Indian Religious Freedom Act
[42 U.S.C. 1996]; Farmland Protection
Policy Act (FPPA) [7 U.S.C. 4201–4209].
8. Wetlands and Water Resources:
Clean Water Act (Section 319, Section
401, Section 404) [33 U.S.C. 1251–
1387]; Coastal Barriers Resources Act
(CBRA) [16 U.S.C. 3501–3510]; Coastal
Zone Management Act (CZMA) [16
U.S.C. 1451–1466]; Safe Drinking Water
Act (SDWA) [42 U.S.C. 300f–300j–26];
Rivers and Harbors Act of 1899 [33
U.S.C. 401–406]; Wild and Scenic
Rivers Act [16 U.S.C. 1271–1287];
Emergency Wetlands Resources Act [16
U.S.C. 3921, 3931]; Wetlands
Mitigation, [23 U.S.C. 119(g) and
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