80 FR 77076 - Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Federal Register Volume 80, Issue 238 (December 11, 2015)
Federal Register Volume 80, Issue 238 (December 11, 2015)
| Page Range | 77076-77079 | |
| FR Document | 2015-31192 |
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)] [Notices] [Pages 77076-77079] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31192] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama AGENCY: Office of the United States Trade Representative. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), the Office of the United States Trade Representative (USTR) is providing notice of its determination of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. As described below, the level of a country's trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar-containing products for which the United States grants preferential tariff treatment under (i) the United States-Chile Free Trade Agreement (Chile FTA); (ii) the United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the Dominican Republic-Central America- United States Free Trade Agreement (CAFTA-DR); (iv) the United States- Peru Trade Promotion Agreement (Peru TPA); (v) the United States- Colombia Trade Promotion Agreement (Colombia TPA), and (vi) the United States-Panama Trade Promotion Agreement (Panama TPA). DATES: Effective Date: January 1, 2016. ADDRESSES: Inquiries may be mailed or delivered to Ronald Baumgarten, Director of Agricultural Affairs, Office of Agricultural Affairs, Office of the United States Trade Representative, 600 17th Street NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Ronald Baumgarten, Office of Agricultural Affairs, telephone: (202) 395-9582 or facsimile: (202) 395-4579. SUPPLEMENTARY INFORMATION: Chile: Pursuant to section 201 of the United States-Chile Free Trade Agreement Implementation Act (Pub. L. 108-77; 19 U.S.C. 3805 note), Presidential Proclamation No. 7746 of December 30, 2003 (68 FR 75789) implemented the Chile FTA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Chile FTA. Note 12(a) to subchapter XI of HTS chapter 99 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Chile's trade surplus, by volume, with all sources for goods in Harmonized System (HS) subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.20, 1702.30, 1702.40, 1702.60, 1702.90, 1806.10, 2101.12, 2101.20, and 2106.90, except that Chile's imports of goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the Chile FTA are not included in the calculation of Chile's trade surplus. (HS subheading 1701.11 was reclassified as 1701.13 and 1701.14 by Proclamation 8771 of December 29, 2011, 77 FR 413.) Note 12(b) to subchapter XI of HTS chapter 99 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of Chile entered under subheading 9911.17.05 in any calendar year (beginning in calendar year 2015) shall be the quantity of goods equal to the amount of Chile's trade surplus in subdivision (a) of the note. During calendar year (CY) 2014, the most recent year for which data is available, Chile's imports of the sugar and syrup goods and sugar- containing products described above exceeded its exports of those goods by 554,753 metric tons according to data published by the Servicio Nacional de Aduana (Chile Customs). Based on this data, USTR determines that Chile's trade surplus is negative. Therefore, in accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XI of HTS chapter 99, goods of Chile are not eligible to enter the United States duty-free under subheading 9911.17.05 or at preferential tariff rates under subheading 9911.17.10 through 9911.17.85 in CY 2016. Morocco: Pursuant to section 201 of the United States-Morocco Free Trade Agreement Implementation Act (Pub. L. 108-302; 19 U.S.C. 3805 note), Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 76651) implemented the Morocco FTA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Morocco FTA. Note 12(a) to subchapter XII of HTS chapter 99 provides that USTR is required to publish annually in the Federal Register a determination of the [[Page 77077]] amount of Morocco's trade surplus, by volume, with all sources for goods in HS subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.40, and 1702.60, except that Morocco's imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the Morocco FTA are not included in the calculation of Morocco's trade surplus. (HS subheading 1701.11 was reclassified as 1701.13 and 1701.14 by Proclamation 8771 of December 29, 2011, 77 FR 413.) Note 12(b) to subchapter XII of HTS chapter 99 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of Morocco entered under subheading 9912.17.05 in an amount equal to the lesser of Morocco's trade surplus or the specific quantity set out in that note for that calendar year. Note 12(c) to subchapter XII of HTS chapter 99 provides preferential tariff treatment for certain sugar and syrup goods and sugar-containing products of Morocco entered under subheading 9912.17.10 through 9912.17.85 in an amount equal to the amount by which Morocco's trade surplus exceeds the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Morocco's imports of the sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 766,540 metric tons according to data published by its customs authority, the Office des Changes. Based on this data, USTR determines that Morocco's trade surplus is negative. Therefore, in accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XII of HTS chapter 99, goods of Morocco are not eligible to enter the United States duty-free under subheading 9912.17.05 or at preferential tariff rates under subheading 9912.17.10 through 9912.17.85 in CY 2015. CAFTA-DR: Pursuant to section 201 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Pub. L. 109-53; 19 U.S.C. 4031), Presidential Proclamation No. 7987 of February 28, 2006 (71 FR 10827), Presidential Proclamation No. 7991 of March 24, 2006 (71 FR 16009), Presidential Proclamation No. 7996 of March 31, 2006 (71 FR 16971), Presidential Proclamation No. 8034 of June 30, 2006 (71 FR 38509), Presidential Proclamation No. 8111 of February 28, 2007 (72 FR 10025), Presidential Proclamation No. 8331 of December 23, 2008 (73 FR 79585), and Presidential Proclamation No. 8536 of June 12, 2010 (75 FR 34311) implemented the CAFTA-DR on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the CAFTA-DR. Note 25(b)(i) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of each CAFTA-DR country's trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40, and 1702.60, except that each CAFTA-DR country's exports to the United States of goods classified under HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99 and its imports of goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the CAFTA-DR are not included in the calculation of that country's trade surplus. U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar and syrup goods and sugar- containing products of each CAFTA-DR country entered under subheading 9822.05.20 in an amount equal to the lesser of that country's trade surplus or the specific quantity set out in that note for that country and that calendar year. During CY 2014, the most recent year for which data is available, Costa Rica's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 110,338 metric tons according to data published by the Costa Rican Customs Department, Ministry of Finance. Based on this data, USTR determines that Costa Rica's trade surplus is 110,338 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Costa Rica for CY 2016 is 13,200 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Costa Rica that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 13,200 metric tons (i.e., the amount that is the lesser of Costa Rica's trade surplus and the specific quantity set out in that note for Costa Rica for CY 2016). During CY 2014, the most recent year for which data is available, the Dominican Republic's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 27,413 metric tons according to data published by the National Direction of Customs (DGA). Based on this data, USTR determines that the Dominican Republic's trade surplus is 27,413 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for the Dominican Republic for CY 2016 is 12,000 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of the Dominican Republic that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 12,000 metric tons (i.e., the amount that is the lesser of the Dominican Republic's trade surplus and the specific quantity set out in that note for the Dominican Republic for CY 2016). During CY 2014, the most recent year for which data is available, El Salvador's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 286,304 metric tons according to data published by the Central Bank of El Salvador. Based on this data, USTR determines that El Salvador's trade surplus is 286,304 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for El Salvador for CY 2016 is 32,860 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of El Salvador that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 32,860 metric tons (i.e., the amount that is the lesser of El Salvador's trade surplus and the specific quantity set out in that note for El Salvador for CY 2016). During CY 2014, the most recent year for which data is available, Guatemala's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 1,796,904 metric tons according to data published by the Asociaci[oacute]n de Azucareros de Guatemala (ASAZGUA). Based on this data, USTR determines that Guatemala's trade surplus is 1,796,904 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Guatemala for CY 2016 is 44,520 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Guatemala that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 44,520 metric tons (i.e., the amount that is the lesser of Guatemala's trade surplus and the specific quantity set out in that note for Guatemala for CY 2016). During CY 2014, the most recent year for which data is available, Honduras' exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 128,410 metric tons according to data published by the Central Bank of Honduras. Based on this data, USTR determines that [[Page 77078]] Honduras' trade surplus is 128,410 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Honduras for CY 2016 is 9,600 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Honduras that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 9,600 metric tons (i.e., the amount that is the lesser of Honduras' trade surplus and the specific quantity set out in that note for Honduras for CY 2016). During CY 2014, the most recent year for which data is available, Nicaragua's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 384,051 metric tons according to data published by the Ministry of Development, Industry and Trade (MIFIC). Based on this data, USTR determines that Nicaragua's trade surplus is 384,051 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Nicaragua for CY 2016 is 26,400 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Nicaragua that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 26,400 metric tons (i.e., the amount that is the lesser of Nicaragua's trade surplus and the specific quantity set out in that note for Nicaragua for CY 2016). Peru: Pursuant to section 201 of the United States-Peru Trade Promotion Agreement Implementation Act (Pub. L. 110-138; 19 U.S.C. 3805 note), Presidential Proclamation No. 8341 of January 16, 2009 (74 FR 4105) implemented the Peru TPA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Peru TPA. Note 28(c) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Peru's trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40, and 1702.60, except that Peru's imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that are originating goods under the Peru TPA and Peru's exports to the United States of goods classified under HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99 are not included in the calculation of Peru's trade surplus. Note 28(d) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar goods of Peru entered under subheading 9822.06.10 in an amount equal to the lesser of Peru's trade surplus or the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Peru's imports of the sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 48,603 metric tons according to data published by the Superintendencia Nacional de Administracion Tributaria (SUNAT). Based on this data, USTR determines that Peru's trade surplus is negative. Therefore, in accordance with U.S. Note 28(d) to subchapter XXII of HTS chapter 98, goods of Peru are not eligible to enter the United States duty-free under subheading 9822.06.10 in CY 2016. Colombia: Pursuant to section 201 of the United States-Colombia Trade Promotion Agreement Implementation Act (Pub. L. 112-42; 19 U.S.C. 3805 note), Presidential Proclamation No. 8818 of May 14, 2012 (77 FR 29519) implemented the Colombia TPA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Colombia TPA. Note 32(b) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Colombia's trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Colombia's imports of U.S. goods classified under subheadings 1702.40 and 1702.60 that are originating goods under the Colombia TPA and Colombia's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 are not included in the calculation of Colombia's trade surplus. Note 32(c)(i) to subchapter XXII of HTS chapter 98 provides duty- free treatment for certain sugar goods of Colombia entered under subheading 9822.08.01 in an amount equal to the lesser of Colombia's trade surplus or the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Colombia's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 594,746 metric tons according to data published by Global Trade Atlas. Based on this data, USTR determines that Colombia's trade surplus is 594,746 metric tons. The specific quantity set out in U.S. Note 32(c)(i) to subchapter XXII of HTS chapter 98 for Colombia for CY 2016 is 53,000 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Colombia that may be entered duty-free under subheading 9822.08.01 in CY 2016 is 53,000 metric tons (i.e., the amount that is the lesser of Colombia's trade surplus and the specific quantity set out in that note for Colombia for CY 2016). Panama: Pursuant to section 201 of the United States-Panama Trade Promotion Agreement Implementation Act (Pub. L. 112-43; 19 U.S.C. 3805 note), Presidential Proclamation No. 8894 of October 29, 2012 (77 FR 66505) implemented the Panama TPA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Panama TPA. Note 35(a) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Panama's trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Panama's imports of U.S. goods classified under subheadings 1702.40 and 1702.60 that are originating goods under the Panama TPA and Panama's exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 are not included in the calculation of Panama's trade surplus. Note 35(c) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar goods of Panama entered under subheading 9822.09.17 in an amount equal to the lesser of Panama's trade surplus or the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Panama's exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 30,280 metric tons according to data published by National Institute of Statistics and Census, Office of the General Comptroller of Panama. Based on this data, USTR determines that Panama's trade surplus is 30,280 metric tons. The specific quantity set out in U.S. Note 35(c) to subchapter XXII of HTS chapter 98 for Panama for CY 2016 is 525 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Panama that may be entered duty-free under subheading 9822.09.17 in CY 2016 is 525 metric tons (i.e., the amount that is the lesser of Panama's trade surplus and [[Page 77079]] the specific quantity set out in that note for Panama for CY 2016). Darci L. Vetter, Chief Agricultural Negotiator, Office of the United States Trade Representative. [FR Doc. 2015-31192 Filed 12-10-15; 8:45 am] BILLING CODE 3290-F6-P
![77076 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices
—Finalization of second-generation Dated: November 12, 2015. 108–77; 19 U.S.C. 3805 note),
intact stability criteria Jonathan W. Burby, Presidential Proclamation No. 7746 of
—Amendments to part B of the 2008 IS Coast Guard Liaison Officer, Office of Ocean December 30, 2003 (68 FR 75789)
Code on towing, lifting and anchor and Polar Affairs, Department of State. implemented the Chile FTA on behalf of
handling operations [FR Doc. 2015–31269 Filed 12–10–15; 8:45 am] the United States and modified the HTS
—Amendments to SOLAS and FSS BILLING CODE 4710–09–P to reflect the tariff treatment provided
Code to make evacuation analysis for in the Chile FTA.
mandatory for new passenger ships Note 12(a) to subchapter XI of HTS
and review of the Recommendation OFFICE OF THE UNITED STATES chapter 99 provides that USTR is
on evacuation analysis for new and required to publish annually in the
TRADE REPRESENTATIVE
existing passenger ships Federal Register a determination of the
—Amendments to SOLAS chapter II–1 Determination of Trade Surplus in amount of Chile’s trade surplus, by
and associated guidelines on damage Certain Sugar and Syrup Goods and volume, with all sources for goods in
control drills for passenger ships Sugar-Containing Products of Chile, Harmonized System (HS) subheadings
—Revision of section 3 of the Morocco, Costa Rica, the Dominican 1701.11, 1701.12, 1701.91, 1701.99,
Guidelines for damage control plans Republic, El Salvador, Guatemala, 1702.20, 1702.30, 1702.40, 1702.60,
and information to the master Honduras, Nicaragua, Peru, Colombia, 1702.90, 1806.10, 2101.12, 2101.20, and
(MSC.1/Circ.1245) for passenger ships and Panama 2106.90, except that Chile’s imports of
—Classification of offshore industry goods classified under HS subheadings
vessels and a review of the need for AGENCY: Office of the United States 1702.40 and 1702.60 that qualify for
a non-mandatory code for offshore Trade Representative. preferential tariff treatment under the
construction support vessels ACTION: Notice. Chile FTA are not included in the
—Guidelines for wing-in-ground craft calculation of Chile’s trade surplus. (HS
SUMMARY: In accordance with relevant subheading 1701.11 was reclassified as
—Amendments to the 2011 ESP Code
provisions of the Harmonized Tariff 1701.13 and 1701.14 by Proclamation
—Unified interpretation to provisions of
Schedule of the United States (HTS), the 8771 of December 29, 2011, 77 FR 413.)
IMO safety, security, and
Office of the United States Trade Note 12(b) to subchapter XI of HTS
environment-related Conventions
Representative (USTR) is providing chapter 99 provides duty-free treatment
—Revised SOLAS regulation II–1/3–8
notice of its determination of the trade for certain sugar and syrup goods and
and associated guidelines (MSC.1/
surplus in certain sugar and syrup goods sugar-containing products of Chile
Circ.1175) and new guidelines for safe
and sugar-containing products of Chile, entered under subheading 9911.17.05 in
mooring operations for all ships
Morocco, Costa Rica, the Dominican any calendar year (beginning in
—Mandatory Instrument and/or
Republic, El Salvador, Guatemala, calendar year 2015) shall be the quantity
provisions addressing safety
Honduras, Nicaragua, Peru, Colombia, of goods equal to the amount of Chile’s
standards for the carriage of more
and Panama. As described below, the trade surplus in subdivision (a) of the
than 12 industrial personnel on board
level of a country’s trade surplus in note.
vessels engaged on international During calendar year (CY) 2014, the
these goods relates to the quantity of
voyages most recent year for which data is
sugar and syrup goods and sugar-
—Guidelines for use of Fibre Reinforced available, Chile’s imports of the sugar
containing products for which the
Plastic (FRP) within ship structures and syrup goods and sugar-containing
United States grants preferential tariff
Members of the public may attend treatment under (i) the United States- products described above exceeded its
this meeting up to the seating capacity Chile Free Trade Agreement (Chile exports of those goods by 554,753
of the room. To facilitate the building FTA); (ii) the United States-Morocco metric tons according to data published
security process, and to request Free Trade Agreement (Morocco FTA); by the Servicio Nacional de Aduana
reasonable accommodation, those who (iii) the Dominican Republic-Central (Chile Customs). Based on this data,
plan to attend should contact the America-United States Free Trade USTR determines that Chile’s trade
meeting coordinator, LT Joshua Agreement (CAFTA–DR); (iv) the United surplus is negative. Therefore, in
Kapusta, by email at Joshua.A.Kapusta@ States-Peru Trade Promotion Agreement accordance with U.S. Note 12(b) and
uscg.mil, by phone at (202) 372–1428, (Peru TPA); (v) the United States- U.S. Note 12(c) to subchapter XI of HTS
by fax at (202) 372–1925, or in writing Colombia Trade Promotion Agreement chapter 99, goods of Chile are not
at 2703 Martin Luther King Jr. Ave. SE., (Colombia TPA), and (vi) the United eligible to enter the United States duty-
Stop 7509, Washington, DC 20593–7509 States-Panama Trade Promotion free under subheading 9911.17.05 or at
not later than Wednesday, 30 December Agreement (Panama TPA). preferential tariff rates under
2015, 7 days prior to the meeting. A subheading 9911.17.10 through
DATES: Effective Date: January 1, 2016.
call-in number option will be available 9911.17.85 in CY 2016.
upon RSVP. Requests made after 30 ADDRESSES: Inquiries may be mailed or
Morocco: Pursuant to section 201 of
December 2015, might not be able to be delivered to Ronald Baumgarten, the United States-Morocco Free Trade
accommodated. Please note that due to Director of Agricultural Affairs, Office of Agreement Implementation Act (Pub. L.
security considerations, two valid, Agricultural Affairs, Office of the United 108–302; 19 U.S.C. 3805 note),
government issued photo identifications States Trade Representative, 600 17th Presidential Proclamation No. 7971 of
must be presented to gain entrance to Street NW., Washington, DC 20508. December 22, 2005 (70 FR 76651)
the Department of Transportation FOR FURTHER INFORMATION CONTACT:
jstallworth on DSK7TPTVN1PROD with NOTICES
implemented the Morocco FTA on
Headquarters. This location is accessible Ronald Baumgarten, Office of behalf of the United States and modified
by taxi, privately owned conveyance, Agricultural Affairs, telephone: (202) the HTS to reflect the tariff treatment
and public transportation (located near 395–9582 or facsimile: (202) 395–4579. provided for in the Morocco FTA.
the Navy Yard Metro Station). SUPPLEMENTARY INFORMATION: Note 12(a) to subchapter XII of HTS
Additional information regarding this Chile: Pursuant to section 201 of the chapter 99 provides that USTR is
and other IMO public meetings may be United States-Chile Free Trade required to publish annually in the
found at: www.uscg.mil/imo. Agreement Implementation Act (Pub. L. Federal Register a determination of the
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![Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices 77079
the specific quantity set out in that note notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
for Panama for CY 2016). be reviewed at www.dot.gov/privacy. mellitus, received education related to
diabetes management, and is on a stable
Darci L. Vetter, II. Background
insulin regimen. These drivers report no
Chief Agricultural Negotiator, Office of the On August 12, 2015, FMCSA other disqualifying conditions,
United States Trade Representative. published a notice of receipt of Federal including diabetes-related
[FR Doc. 2015–31192 Filed 12–10–15; 8:45 am] diabetes exemption applications from complications. Each meets the vision
BILLING CODE 3290–F6–P 44 individuals and requested comments requirement at 49 CFR 391.41(b)(10).
from the public (80 FR 48396). The The qualifications and medical
public comment period closed on condition of each applicant were stated
DEPARTMENT OF TRANSPORTATION September 11, 2015, and 3 comments and discussed in detail in the August
were received. 12, 2015, Federal Register notice and
Federal Motor Carrier Safety FMCSA has evaluated the eligibility they will not be repeated in this notice.
Administration of the 44 applicants and determined that
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2015–0065] individuals would achieve a level of FMCSA received 3 comments in this
safety equivalent to or greater than the proceeding. Jamie Savarese and Louis
Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus Savarese believe that Jackson A.
complying with the current regulation Savarese should be granted an
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). exemption. While Donald R. Meckley,
Administration (FMCSA), DOT. Diabetes Mellitus and Driving Jr. stated that his name was spelled
ACTION: Notice of final disposition. Experience of the Applicants incorrectly in the request for comments.
The spelling has been corrected in this
SUMMARY: FMCSA confirms its decision The Agency established the current notice.
to exempt 44 individuals from its rule requirement for diabetes in 1970
because several risk studies indicated IV. Basis for Exemption Determination
prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher Under 49 U.S.C. 31136(e) and 31315,
commercial motor vehicles (CMVs) in rate of crash involvement than the FMCSA may grant an exemption from
interstate commerce. The exemptions general population. The diabetes rule the diabetes requirement in 49 CFR
enable these individuals to operate provides that ‘‘A person is physically 391.41(b)(3) if the exemption is likely to
CMVs in interstate commerce. qualified to drive a commercial motor achieve an equivalent or greater level of
vehicle if that person has no established safety than would be achieved without
DATES: The exemptions were effective
medical history or clinical diagnosis of the exemption. The exemption allows
on September 12, 2015. The exemptions
diabetes mellitus currently requiring the applicants to operate CMVs in
expire on September 12, 2017.
insulin for control’’ (49 CFR interstate commerce.
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). To evaluate the effect of these
Christine A. Hydock, Chief, Medical FMCSA established its diabetes exemptions on safety, FMCSA
Programs Division, (202) 366–4001, exemption program, based on the considered medical reports about the
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A applicants’ ITDM and vision, and
Department of Transportation, 1200 Report to Congress on the Feasibility of reviewed the treating endocrinologists’
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with medical opinion related to the ability of
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the driver to safely operate a CMV while
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as using insulin.
e.t., Monday through Friday, except Directed by the Transportation Act for Consequently, FMCSA finds that in
Federal holidays. the 21st Century.’’ The report concluded each case exempting these applicants
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to from the diabetes requirement in 49 CFR
allow some drivers with ITDM to 391.41(b)(3) is likely to achieve a level
I. Electronic Access
operate CMVs is feasible. The of safety equal to that existing without
You may see all the comments online September 3, 2003 (68 FR 52441), the exemption.
through the Federal Document Federal Register notice in conjunction
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR V. Conditions and Requirements
www.regulations.gov. 67777), Federal Register notice provides The terms and conditions of the
Docket: For access to the docket to the current protocol for allowing such exemption will be provided to the
read background documents or drivers to operate CMVs in interstate applicants in the exemption document
comments, go to http:// commerce. and they include the following: (1) That
www.regulations.gov and/or Room These 44 applicants have had ITDM each individual submit a quarterly
W12–140 on the ground level of the over a range of 1 to 41 years. These monitoring checklist completed by the
West Building, 1200 New Jersey Avenue applicants report no severe treating endocrinologist as well as an
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss annual checklist with a comprehensive
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring medical evaluation; (2) that each
except Federal holidays. the assistance of another person, or individual reports within 2 business
Privacy Act: In accordance with 5 resulting in impaired cognitive function days of occurrence, all episodes of
jstallworth on DSK7TPTVN1PROD with NOTICES
U.S.C. 553(c), DOT solicits comments that occurred without warning severe hypoglycemia, significant
from the public to better inform its symptoms, in the past 12 months and no complications, or inability to manage
rulemaking process. DOT posts these recurrent (2 or more) severe diabetes; also, any involvement in an
comments, without edit, including any hypoglycemic episodes in the past 5 accident or any other adverse event in
personal information the commenter years. In each case, an endocrinologist a CMV or personal vehicle, whether or
provides, to www.regulations.gov, as verified that the driver has not it is related to an episode of
described in the system of records demonstrated a willingness to properly hypoglycemia; (3) that each individual
VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/80_FR_77314/page/4.svg)
Document Created: 2018-03-02 09:12:58
Document Modified: 2018-03-02 09:12:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective Date: January 1, 2016. | |
| Contact | Ronald Baumgarten, Office of Agricultural Affairs, telephone: (202) 395-9582 or facsimile: (202) 395-4579. | |
| FR Citation | 80 FR 77076 |
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