Termination of Action in the Digital Services Tax Investigation of India and Further Monitoring

CourtTrade Representative Office Of The United States
Citation86 FR 68526
Publication Date02 December 2021
Record Number2021-26198
68526
Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Notices
Estimated Number of Respondents:
775.
Estimated Annual Responses: 775.
Estimated Annual Hour Burden: 129.
(v) SBA Form 3507, CARES Act
Section 1102 Lender Agreement—Non-
Bank and Non-Insured Depository
Institution Lenders, collects information
from depository or non-depository
institutions and certain service
providers that have contracted with
insured depository institutions to
support their lending activities to
evaluate their eligibility to participate in
the PPP.
Estimated Number of Respondents:
169.
Estimated Annual Responses: 169.
Estimated Annual Hour Burden: 70.
(vi) SBA Form 3508, Paycheck
Protection Program—Loan Forgiveness
Application. A borrower that received a
First Draw PPP loan or a Second Draw
PPP loan submits this completed form
or the lender’s equivalent form to its
PPP lender so the lender can determine
whether the application meets the
criteria for loan forgiveness. This form
is used by borrowers that are not eligible
to use the SBA Form 3508EZ and the
SBA Form 3508S.
Estimated Number of Respondents:
591,180.
Estimated Annual Responses:
591,180.
Estimated Annual Hour Burden:
1,773,539.
(vii) SBA Form 3508EZ, Paycheck
Protection Program—PPP Loan
Forgiveness Application Form EZ. A
borrower that received a First Draw PPP
loan or Second Draw PPP Loan submits
this completed form or the lender’s
equivalent form to its PPP lender so that
the lender can determine whether the
application meets the criteria for loan
forgiveness. This form is used by
borrowers that did not reduce employee
salary and wages by more than 25
percent during the covered period and
are not subject to FTE reduction
penalties, either because they did not
reduce FTEs or they qualify for a safe
harbor.
Estimated Number of Respondents:
1,773,539.
Estimated Annual Responses:
1,773,539.
Estimated Annual Hour Burden:
591,180.
(viii) SBA Form 3508S, Paycheck
Protection Program—PPP Forgiveness
Application Form 3508S. A borrower
that received a First Draw PPP loan or
a Second Draw PPP loan of $150,000 or
less submits this completed form or
lender’s equivalent form to its PPP
lender, either directly or through SBA’s
PPP Platform. The information is used
to determine whether the application
meets the criteria for loan forgiveness.
Estimated Number of Respondents:
9,458,875.
Estimated Annual Responses:
9,458,875.
Estimated Annual Hour Burden:
2,364,719.
(ix) SBA Form 3508D—Paycheck
Protection Program Borrower’s
Disclosure of Certain Controlling
Interests. A First Draw PPP Loan
borrower that received a loan before
December 27, 2020, uses this form to
disclose to SBA that a Covered
Individual, as defined in the Economic
Aid Act, directly or indirectly held a
Controlling Interest, as defined in the
Economic Aid Act, at the time the
borrower submitted its First Draw PPP
Loan application to its PPP lender.
Estimated Number of Respondents:
350.
Estimated Annual Responses: 350.
Estimated Annual Hour Burden: 29.
(x) [No Form Number] Lender
Reporting Requirements Concerning
Requests for Loan Forgiveness. Lenders
participating in the PPP are required to
submit information to SBA to support
the small business’ requests for
forgiveness and the lenders’ decisions to
approve or deny those requests. SBA
will use the information to determine
borrowers’ and lenders’ compliance
with PPP requirements and the
appropriate amount of loan forgiveness.
Estimated Number of Respondents:
5,467.
Estimated Annual Responses:
11,824,000.
Estimated Annual Hour Burden:
2,107,150.
(xi) [No Form Number] Lender
Reporting Requirements for Loan
Review. For a PPP loan of any size, SBA
may undertake a review at any time in
SBA’s discretion. When a loan is
selected for review by SBA, lenders are
required to submit information that will
allow SBA to determine whether the
loan meets PPP requirements, including
borrower eligibility, loan amounts, and
eligibility for forgiveness. Some of the
requested information (e.g., loan
application, forgiveness application and
forgiveness supporting documents) will
be provided by the borrowers to the
lenders.
Estimated Number of Respondents:
5,467.
Estimated Annual Responses:
2,000,000.
Estimated Annual Hour Burden:
1,000,000.
Solicitation of Public Comments
SBA invites the public to submit
comments, including specific and
detailed suggestions on ways to improve
the collection and reduce the burden on
respondents. Commenters should also
address (i) whether the collection of
information is necessary for the agency
to properly perform its functions,
including whether it has any practical
utility; (ii) whether the burden estimates
are accurate; (iii) whether there are ways
to minimize the information collection
burden on those who are required to
respond, including through the use of
automated techniques or other forms of
information technology; and (iv)
whether there are ways to enhance the
quality, utility, and clarity of the
information to be collected.
Curtis B. Rich,
Management Analyst.
[FR Doc. 2021–26165 Filed 12–1–21; 8:45 am]
BILLING CODE 8026–03–P
STATE JUSTICE INSTITUTE
SJI Board of Directors Meeting, Notice
AGENCY
: State Justice Institute.
ACTION
: Notice of meeting.
SUMMARY
: The SJI Board of Directors
will be meeting on Monday, December
6, 2021 at 1:00 p.m. ET. The purpose of
this meeting is to consider grant
applications for the 1st quarter of FY
2022, and other business.
FOR FURTHER INFORMATION CONTACT
:
Jonathan Mattiello, Executive Director,
State Justice Institute, 12700 Fair Lakes
Circle, Suite 340, Fairfax, VA 22033,
703–660–4979, contact@sji.gov.
Authority: 42 U.S.C. 10702(f).
Jonathan D. Mattiello,
Executive Director.
[FR Doc. 2021–26206 Filed 12–1–21; 8:45 am]
BILLING CODE 6820–SC–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Termination of Action in the Digital
Services Tax Investigation of India and
Further Monitoring
AGENCY
: Office of the United States
Trade Representative (USTR).
ACTION
: Notice.
SUMMARY
: On October 8, 2021, India
joined the United States and 134 other
jurisdictions participating in the OECD/
G20 Inclusive Framework on Base
Erosion and Profit Shifting in reaching
a political agreement on a two-pillar
solution to address tax challenges
arising from the digitalization of the
world economy. As part of Pillar 1, all
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Notices
parties agreed to remove existing Digital
Services Taxes (DSTs) and other
relevant similar measures, and to
coordinate the withdrawal of these
taxes. On November 24, 2021, India and
the United States issued statements
describing a transitional approach to
India’s DST prior to entry into force of
Pillar 1. These statements reflect a
political agreement that, in defined
circumstances, the DST liability that
U.S. companies accrue in India during
the interim period will be creditable
against future taxes accrued under Pillar
1 of the OECD agreement. Based on the
commitment of India to remove its DST
pursuant to Pillar 1 and on India’s
political agreement to this transitional
approach prior to Pillar 1’s entry into
force, the U.S. Trade Representative has
determined to terminate the section 301
action taken in the investigation of
India’s DST. In coordination with the
U.S. Department of the Treasury
(Treasury), USTR will monitor
implementation of the removal of
India’s DST as provided for under Pillar
1 and the transitional approach agreed
to by India.
DATES
: The additional duties on
products of India are terminated as of
November 28, 2021.
FOR FURTHER INFORMATION CONTACT
: For
questions concerning this notice, please
contact Benjamin Allen, Thomas Au,
Patrick Childress, or Kate Hadley,
Assistant General Counsels at (202)
395–9439, (202) 395–0380, (202) 395–
9531, and (202) 395–3911, respectively,
Robert Tanner, Director, Services and
Investment at (202) 395–6125, or
Brendan Lynch, Deputy Assistant U.S.
Trade Representative for South and
Central Asian Affairs at (202) 395–2851.
SUPPLEMENTARY INFORMATION
:
I. Proceedings in the Investigation
This investigation is addressed to
India’s 2020 ‘‘equalisation levy’’, which
is referred to throughout the
investigation as India’s DST. See, e.g.,
86 FR 30356 (June 7, 2021) and the
India DST report, published at https://
ustr.gov/sites/default/files/enforcement/
301Investigations/Report%20on
%20India%E2%80%99s%20Digital
%20Services%20Tax.pdf. For further
background on the proceedings in the
section 301 investigation of India’s DST,
please see prior notices including: 85 FR
34709 (June 5, 2020); 86 FR 2478
(January 12, 2021); 86 FR 16824 (March
31, 2021); and 86 FR 30356 (June 7,
2021).
On June 2, 2021, the U.S. Trade
Representative determined to take
action in the form of additional duties
on certain products of India and to
immediately suspend those additional
duties for up to 180 days. 86 FR 30356
(June 7, 2021).
II. OECD/G20 Negotiations
One-hundred forty-one jurisdictions
are engaged in international tax
negotiations under the OECD/G20
Inclusive Framework on Base Erosion
and Profit Shifting. On October 8, 2021,
India joined the United States and 134
other participants in reaching political
agreement on a Statement on a Two-
Pillar Solution to Address the Tax
Challenges Arising from the
Digitalisation of the Economy. OECD/
G20 Base Erosion and Profit Shifting
Project, Statement on a Two-Pillar
Solution to Address the Tax Challenges
Arising from the Digitalisation of the
Economy (Oct. 8, 2021) at https://
www.oecd.org/tax/beps/statement-on-a-
two-pillar-solution-to-address-the-tax-
challenges-arising-from-the-
digitalisation-of-the-economy-october-
2021.pdf (the OECD/G20 Two-Pillar
Solution). The statement provides that
Pillar 1 will be implemented through a
multilateral convention. With respect to
DSTs, the statement provides:
The Multilateral Convention (MLC) will
require all parties to remove all Digital
Services Taxes and other relevant similar
measures with respect to all companies, and
to commit not to introduce such measures in
the future. No newly enacted Digital Services
Taxes or other relevant similar measures will
be imposed on any company from 8 October
2021 and until the earlier of 31 December
2023 or the coming into force of the MLC.
The modality for the removal of existing
Digital Services Taxes and other relevant
similar measures will be appropriately
coordinated.
III. India’s Agreement
On November 24, 2021, The Ministry
of Finance of the Government of India
and Treasury issued statements
reflecting a political agreement on a
transitional approach to India’s DST
while implementing Pillar 1. India and
USA agree on a transitional approach
on Equalisation Levy 2020, Ministry of
Fin. of the Gov’t of India (Nov. 24,
2021), https://pib.gov.in/
PressReleasePage.aspx?PRID=1774692;
Treasury Announces Agreement on the
Transition from Existing Indian
Equalization Levy to New Multilateral
Solution Agreed by the OECD–G20
Inclusive Framework, U.S. Dep’t of the
Treas. (Nov. 24, 2021), https://
home.treasury.gov/news/press-releases/
jy0504. Under this agreement and in
defined circumstances, the liability from
India’s DST that U.S. companies accrue
in India during the interim period will
be creditable against future taxes
accrued under Pillar 1 of the OECD
agreement. The period during which the
credit accrues will be from April 1,
2022, until either the implementation of
Pillar 1 or March 31, 2024, whichever is
earlier. In return, the United States
commits to terminate the existing
section 301 trade action on goods of
India, and not to impose further trade
actions against India with respect to its
existing DST until the earlier of the date
the Pillar 1 multilateral convention
comes into force or March 31, 2024. Id.
IV. Termination of Action
Section 307 of the Trade Act of 1974,
as amended (Trade Act) (19 U.S.C.
2417), provides that ‘‘[t]he Trade
Representative may modify or terminate
any action, subject to the specific
direction, if any, of the President with
respect to such action, that is being
taken under section [301] of this title if
. . . such action is being taken under
section [301(b)] of this title and is no
longer appropriate.’’ The U.S. Trade
Representative has found that the
political agreement of India to the
OECD/G20 Two-Pillar Solution, which
provides for the removal of DSTs upon
entry into force of Pillar 1, and the
transitional approach agreed to by India
provide a satisfactory resolution of the
matters covered by the section 301
investigation of India’s DST.
Accordingly, pursuant to section 307 of
the Trade Act, the U.S. Trade
Representative has determined that the
suspended trade action in this
investigation is no longer appropriate
and that the action should be
terminated.
The U.S. Trade Representative’s
determination was made in consultation
with Treasury and considers the advice
of the interagency Section 301
Committee, consultations with
representatives of the domestic industry
concerned, and public comments and
advisory committee advice received
during the investigations.
In order to implement the termination
of the section 301 action in the
investigation of India’s DST, subchapter
III of chapter 99 of the Harmonized
Tariff Schedule of the United States
(HTSUS) is modified by the Annex to
this notice.
V. Ongoing Monitoring
Section 306(a) of the Trade Act (19
U.S.C. 2416(a)) provides that ‘‘[t]he
Trade Representative shall monitor the
implementation of each measure
undertaken, or agreement that is entered
into, by a foreign country to provide a
satisfactory resolution of a matter
subject to investigation. . . .’’ Section
306(b) (19 U.S.C. 2416(b)) provides that
‘‘[i]f, on the basis of the monitoring
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Notices
carried out under subsection (a), the
Trade Representative considers that a
foreign country is not satisfactorily
implementing a measure or agreement
referred to in subsection (a), the Trade
Representative shall determine what
further action the Trade Representative
shall take under section [301(a)].’’
Pursuant to section 306(a) of the Trade
Act, the U.S. Trade Representative, in
coordination with Treasury, will
monitor the implementation of the
political agreement on an OECD/G20
Two-Pillar Solution as pertaining to
DSTs, India’s agreement as reflected in
the November 24 statements, and
associated measures. Pursuant to section
306(b) of the Trade Act, if the U.S.
Trade Representative, in consultation
with Treasury, subsequently considers
that India is not satisfactorily
implementing these political agreements
or associated measures, then the U.S.
Trade Representative will consider
further action under section 301.
Annex
The U.S. Trade Representative has
decided to terminate the additional
duties under heading 9903.90.03 of the
HTSUS on articles the product of India,
as provided for in U.S. notes 24(a) and
24(b) to subchapter III of chapter 99 of
the HTSUS. The termination of these
additional duties is effective on
November 28, 2021.
In accordance with this
determination, the U.S. Trade
Representative has determined to
modify the HTSUS by: (1) Deleting U.S.
notes 24(a) and 24(b) to subchapter III
of chapter 99 of the HTSUS; and (2) by
deleting HTSUS heading 9903.90.03.
The modifications of the HTSUS are
effective on November 28, 2021. Any
provisions of previous notices issued in
this investigation that are inconsistent
with this notice are superseded to the
extent of such inconsistency.
Greta Peisch,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2021–26198 Filed 12–1–21; 8:45 am]
BILLING CODE 3290–F2–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2021–0910]
Proposed Standardized Curricula Part
135 Delivered by Part 142 Training
Centers, Aircraft Master Schedule
AGENCY
: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION
: Notice of availability; request
for comments.
SUMMARY
: This notice announces the
availability of the proposed aircraft
master schedule for the standardized
curricula for certain air carriers and
operators whose pilots receive training
from FAA-certificated training centers.
The FAA invites public comment.
DATES
: The FAA must receive comments
on these proposed documents by
December 22, 2021.
ADDRESSES
: You may send comments
identified by docket number FAA–
2021–0910 using any of the following
methods:
Mail: U.S. Department of
Transportation (DOT), Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or
comments received may be read at
http://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT
:
Joshua Tarkington, Flight Standards, Air
Transportation Division, Training and
Simulation Group (AFS–280),
Joshua.Tarkington@faa.gov, (860) 708–
3839. Federal Aviation Administration,
800 Independence Avenue SW,
Washington, DC 20591.
SUPPLEMENTARY INFORMATION
: The
standardized curriculum concept for
Title 14 Code of Federal Regulations (14
CFR) part 135 training provided by part
142 training centers is a voluntary
approach to training. Additional
information about standardized
curricula is available in Advisory
Circular (AC) 142–1, Standardized
Curricula Delivered by Part 142
Training Centers.
Background
The FAA tasked the Aviation
Rulemaking Advisory Committee
(ARAC) in March 2020, which was
further designated to the Training
Standardization Working Group
(TSWG), with providing advice and
recommendations to the ARAC on the
most effective ways to achieve
standardization (where appropriate) and
significant administrative efficiency in
check pilot qualification, flight
instructor qualification, and part 135 air
carrier training curricula delivered by
part 142 training centers, known as the
Standardized Curriculum Concept.
TSWG membership includes
representatives from training centers,
aircraft manufacturers, operators, and
aviation industry organizations.
Standardized curricula will provide a
common method for quality training
accessible to any certificate holder that
obtains approval to use the curriculum
in its FAA-approved training program.
The Standardized Curriculum Concept
aims to provide an efficient means to
approve training curricula offered by
part 142 training centers while
increasing the consistency of training,
testing, and checking delivered to part
135 operators. The use of standardized
curricula is strictly voluntary and is one
means to comply with the applicable
regulatory requirements of parts 135 and
142. The standardized curriculum does
not modify existing regulatory
requirements for pilot training or
qualification.
One of the tasks to the ARAC
included the following:
Development of a master schedule
that lists the priority of aircraft or series
of aircraft for standardized curriculum
development.
In order to determine a prioritized list
of aircraft for which a standardized
curriculum would be appropriate, the
working group reviewed training data
from centers that represent
approximately 80% of air carrier
training events. The TSWG chose this
methodology to provide a valid
sampling of training centers and
preferred aircraft training platforms. The
group reviewed the aircraft-specific data
and ranked the highest density training
events to the lowest. This approach
ensured the aircraft priority matched
industry demand.
Comments Invited
The FAA invites public comments on
the TSWG proposed Standardized
Curricula for Part 135 Delivered by Part
142 Training Centers, Aircraft Master
Schedule. The FAA will consider the
public comments submitted during this
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