80 FR 39059 - Information on Assertions Raised About State-Owned Airlines in Qatar and the UAE

DEPARTMENT OF COMMERCE
International Trade Administration
DEPARTMENT OF STATE
DEPARTMENT OF TRANSPORTATION

Federal Register Volume 80, Issue 130 (July 8, 2015)

This notice supplements the Federal Register notice published on May 5, 2015 by the Departments of Commerce, State, and Transportation announcing their interest in obtaining information and views on assertions that three foreign airlines--Emirates Airline, Etihad Airways, and Qatar Airways--have received and are benefitting from subsidies from their respective governments that are distorting the global aviation market. This notice establishes deadlines for submission of information and provides additional guidance for submission of information that the submitter believes to be exempt from disclosure under the Freedom of Information Act (FOIA) (hereafter ``Confidential Information'') (such as trade secrets and commercial or financial information obtained from a person that is privileged or confidential).

[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39059-39060]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16648]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No. 150416372-5569-02]

DEPARTMENT OF STATE

DEPARTMENT OF TRANSPORTATION


Information on Assertions Raised About State-Owned Airlines in 
Qatar and the UAE

AGENCY: International Trade Administration, U.S. Department of 
Commerce; Bureau of Economic and Business Affairs, U.S. Department of 
State; Office of Aviation and International Affairs, U.S. Department of 
Transportation.

ACTION: Supplemental notice.

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SUMMARY: This notice supplements the Federal Register notice published 
on May 5, 2015 by the Departments of Commerce, State, and 
Transportation announcing their interest in obtaining information and 
views on assertions that three foreign airlines--Emirates Airline, 
Etihad Airways, and Qatar Airways--have received and are benefitting 
from subsidies from their respective governments that are distorting 
the global aviation market. This notice establishes deadlines for 
submission of information and provides additional guidance for 
submission of information that the submitter believes to be exempt from 
disclosure under the Freedom of Information Act (FOIA) (hereafter 
``Confidential Information'') (such as trade secrets and commercial or 
financial information obtained from a person that is privileged or 
confidential).

DATES: The Departments request that information provided in response to 
the Departments' May 5, 2015 Federal Register notice be submitted to 
the dockets by 11:59 p.m. Eastern Daylight Time (EDT) on August 3, 
2015. The Departments further request that additional materials 
commenting on information submitted to the dockets be submitted by 
11:59 p.m. EDT on August 24, 2015. The Departments may, at their 
discretion, establish additional deadlines for submission of further 
materials to the dockets.

ADDRESSES: You may submit comments regarding these assertions by one of 
the following methods:
     Electronic Submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal at http://www.regulations.gov. The 
materials in the dockets will not be edited to remove identifying or 
contact information, and the Departments caution against including any 
information in an electronic submission that the submitter does not 
want publicly disclosed. You may submit comments in any (or all) of the 
three docket numbers open for comment:
     DOT-OST-2015-0082
     DOS-2015-0016
     DOC-2015-0001
     Hard copy submission for Confidential Information: Any 
submissions containing Confidential Information must be delivered to 
each of the three Departments in the following manner:
    [cir] Deliver the submission in a sealed envelope marked 
``confidential treatment requested'';
    [cir] Provide an index listing the document(s) or information that 
the submitter would like the Departments to withhold. The index should 
include information such as numbers used to identify the relevant 
document(s) or information, document title and description, and 
relevant pages numbers and/or section numbers within a document; and
    [cir] Provide a statement explaining the submitter's grounds for 
objecting to disclosure of the information to the public.
    The Departments also request that submitters of Confidential 
Information, including those who have previously submitted Confidential 
Information, include a non-confidential version (either redacted or 
summarized) of those confidential submissions in the public dockets. In 
the event that the submitter cannot provide a non-confidential version 
of its submission, the Departments request that the submitter post a 
notice in the dockets stating that it has provided the Departments with 
Confidential Information. Should a submitter fail to docket either a 
non-confidential version of its submission or to post a notice that 
Confidential Information has been provided, the Departments will note 
the receipt of the submission on the dockets, including for submissions 
already received, with the submitter's organization or name (to the 
degree permitted by law) and the date of submission.

FOR FURTHER INFORMATION CONTACT: Eugene Alford, Office of Supply Chain, 
Professional & Business Services, International Trade Administration 
(Phone: (202) 482-5071 or Email: [email protected]). Robert 
Newsome, Transportation Affairs, Bureau of Economic and Business 
Affairs, U.S. Department of State (Phone: (202) 647-7540 or Email: 
[email protected]). Claire McKenna, Office of Operations, Office of 
the General Counsel, U.S. Department of Transportation (Phone: (202) 
366-0365 or Email: [email protected]).

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Departments of Commerce, State, and Transportation are 
reviewing assertions that three foreign airlines--Emirates Airline, 
Etihad Airways, and Qatar Airways--have received and are benefitting 
from subsidies from their respective governments of the United Arab 
Emirates (UAE) and Qatar that are distorting the global aviation 
market. The three Departments announced by Federal Register notice on 
May 5, 2015 (80 FR 25671), the establishment of an open forum by which 
any interested stakeholder may submit information regarding its views 
on this subject and have access to such information submitted by other 
interested stakeholders. The Departments are publishing this 
supplemental notice to establish deadlines for the submission of 
information to the dockets and to provide additional guidance for 
submission of Confidential Information. See the deadlines listed in the 
DATES section, and procedures listed in the ADDRESSES section above. To 
ensure that their views are considered, stakeholders should provide a 
written submission to the Departments.
    In reviewing Freedom of Information Act (FOIA) requests submitted 
to the Departments for information related to this matter that may 
include Confidential Information, the Departments are applying the 
FOIA, 5 U.S.C. 552, and their respective FOIA regulations, including 
the submitter notice process outlined in Executive Order 12,600. The 
Departments also are supplementing the Questions & Answers for 
Information Docket posted at http://www.regulations.gov to further 
clarify the procedures and policies the Departments are applying 
regarding

[[Page 39060]]

information submitted to the Departments in this matter.

    Dated: July 1, 2015.
Marcus Jadotte,
Assistant Secretary for Industry and Analysis, Department of Commerce.
    Dated: July 1, 2015.
Thomas Engle,
Deputy Assistant Secretary for Transportation Affairs, Department of 
State.
    Dated: July 1, 2015.
Brandon Belford,
Deputy Assistant Secretary for Aviation and International Affairs, 
Department of Transportation.

Supplemental Questions & Answers for Information Docket

1) Q. The Departments say that review of the new material will begin 
towards the end of May. What do the three Departments intend to do with 
this material?

    A. We are asking for stakeholder input on this matter to supplement 
the information that we are already reviewing and considering. No 
decision has been made on next steps.

2) Q. When will the joint docket on www.regulations.gov close for 
submissions?

    A. Information provided in response to the Departments' May 5, 2015 
notice must be submitted to the dockets by 11:59 p.m. Eastern Daylight 
Time (EDT) on August 3, 2015. Additional materials commenting on 
information submitted to the dockets must be submitted by 11:59 p.m. 
EDT on August 24, 2015. The Departments may, at their discretion, 
establish additional deadlines for submission of further materials to 
the dockets. To ensure that their views are considered, stakeholders 
should provide a written submission to the Departments.

3) Q. The April 10 press release refers to the Administration's Open 
Government Initiative. Does the open and transparent character of this 
forum mean that anyone can file anything?

    A. The Departments are not interested in limiting the scope of what 
the public may offer in terms of submissions. There is no specific 
constraint on the material that interested stakeholders may submit. Of 
course, we expect that the submissions will be relevant, and we 
encourage thoughtful insights and analysis.

4) Q. I understand that the docket on the www.regulations.gov will be 
accessible to the public. Is the public docket the only means by which 
I can provide information?

    A. While the preference is for written submissions to be made 
available to the public, the establishment of the joint docket is not 
intended to foreclose other means of communication with the three 
Departments and U.S. government officials. Please note that the 
materials in the dockets will not be edited to remove identifying or 
contact information, and the Departments caution against including any 
information in an electronic submission that one does not want publicly 
disclosed.

5) Q. How do I submit information that I believe to be confidential 
information?

    A. Please refer to the Federal Register notice for the procedure. 
The Departments request that submitters of information that the 
submitter believes to be exempt from disclosure under the Freedom of 
Information Act (FOIA) (hereafter ``Confidential Information'') (such 
as trade secrets and commercial or financial information obtained from 
a person that is privileged or confidential), including those who have 
previously submitted Confidential Information, include a non-
confidential version (either redacted or summarized) of those 
confidential submissions in the public dockets. In the event that the 
submitter cannot provide a non-confidential version of its submission, 
the Departments request that the submitter post a notice in the dockets 
stating that it has provided the Departments with Confidential 
Information. Should a submitter fail to docket either a non-
confidential version of its submission or to post a notice that 
Confidential Information has been provided, the Departments will note 
the receipt of the submission on the dockets, including for submissions 
already received, with the submitter's organization or name (to the 
degree permitted by law) and the date of submission.

6) Q. How will the Departments handle Freedom of Information (FOIA) 
requests for materials provided by stakeholders and identified as 
``Confidential Information''?

    A. As noted in the Federal Register notice, the Departments will 
process FOIA requests for information submitted regarding the Gulf 
Carriers matter and marked ``Confidential Information'' in accordance 
with the FOIA and the Departments' respective FOIA regulations, 
including the submitter notice process outlined in Executive Order 
12,600. Each Department will follow its normal FOIA procedures as to 
requests received.

7) Q. In the May 5, 2015 notice, the Departments did not establish a 
deadline for comments, but said that materials should be submitted as 
soon as is practicable. Why has this changed and how will materials 
submitted after the new deadlines be treated?

    A. The Departments have received considerable information from 
stakeholders to date. In order to be responsive to all stakeholders, 
the Departments are proceeding with review of submissions but are 
providing further opportunity for stakeholders to submit materials for 
the Departments' review. Please refer to the Federal Register notice 
for deadlines.
[FR Doc. 2015-16648 Filed 7-7-15; 8:45 am]
 BILLING CODE 3510-DR-P