81_FR_31386 81 FR 31290 - Updated List of Goods and Services Produced by Independent Cuban Entrepreneurs Authorized for Importation

81 FR 31290 - Updated List of Goods and Services Produced by Independent Cuban Entrepreneurs Authorized for Importation

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 96 (May 18, 2016)

Page Range31290-31292
FR Document2016-11730

On April 22, 2016, the Department of State published on its Web site an updated list of goods and services produced by independent Cuban entrepreneurs whose importation into the United States is authorized by the Department of the Treasury's Cuban Assets Control Regulations (``CACR''). This list updates the version of the list published on February 13, 2015. These changes allow for more engagement with Cuba's private sector through new business opportunities.

Federal Register, Volume 81 Issue 96 (Wednesday, May 18, 2016)
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31290-31292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11730]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 9568]


Updated List of Goods and Services Produced by Independent Cuban 
Entrepreneurs Authorized for Importation

AGENCY: Department of State.

    Subagency: Bureau of Economic and Business Affairs.

ACTION: Notice, publication of updated list of goods and services 
produced by independent Cuban entrepreneurs authorized for importation 
into the United States.

-----------------------------------------------------------------------

[[Page 31291]]

SUMMARY: On April 22, 2016, the Department of State published on its 
Web site an updated list of goods and services produced by independent 
Cuban entrepreneurs whose importation into the United States is 
authorized by the Department of the Treasury's Cuban Assets Control 
Regulations (``CACR''). This list updates the version of the list 
published on February 13, 2015. These changes allow for more engagement 
with Cuba's private sector through new business opportunities.

DATES: April 22, 2016.

FOR FURTHER INFORMATION CONTACT: Office of Economic Sanctions Policy 
and Implementation, tel.: 202-647-7489; Office of the Coordinator for 
Cuban Affairs, tel.: 202-647-9273, Department of State, Washington, DC 
20520 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Electronic Availability

    This document and additional information concerning the List are 
available from the Department of State's Web site (http://www.state.gov/e/eb/tfs/spi/cuba/515582/237471.htm). Additional 
information about the President's new course on Cuba is also on the Web 
site (www.state.gov/p/wha/ci/cu/cuba/).

Background

    On January 16, 2015, the Department of the Treasury's Office of 
Foreign Assets Control (OFAC) published a final rule in the Federal 
Register (80 FR 2291, Jan. 16, 2015) amending the Cuban Assets Control 
Regulations (CACR), 31 CFR part 515, to implement the President's 
December 17, 2014, policy announcement on Cuba. Section 515.582 of the 
CACR was added to authorize persons subject to U.S. jurisdiction to 
engage in all transactions, including payments, necessary to import 
certain goods and services produced by independent Cuban entrepreneurs 
as determined by the State Department as set forth on the State 
Department's Section 515.582 List. Empowering the Cuban people and 
Cuban civil society is central to the Administration's approach to 
Cuba, which seeks to create new opportunities for Cuba's nascent 
private sector. The State Department's Section 515.582 List was first 
published February 13, 2015 on its Web site and went into effect 
immediately upon publication.
    On April 22, 2016, the State Department updated the Section 515.582 
List, authorizing persons subject to U.S. jurisdiction to import coffee 
and additional textiles and textile articles produced by independent 
Cuban entrepreneurs, in addition to the items previously authorized. 
The updated List also removes the requirement that imports of 
authorized goods need to be made directly from Cuba. These changes 
allow for more engagement with Cuba's private sector through new 
business opportunities.
    The List published on the State Department's Web site on April 22, 
2016, replaces in full the version of the List published on February 
13, 2015. The List is as follows, and may be updated by the State 
Department periodically.

U.S. Department of State

Section 515.582 List

Goods and Services Eligible for Importation

    In accordance with the policy changes announced by the President on 
December 17, 2014, to further engage and empower the Cuban people, 
Section 515.582 of the Cuban Assets Control Regulations (31 CFR part 
515--the CACR) authorizes the importation into the United States of 
certain goods and services produced by independent Cuban entrepreneurs 
as determined by the State Department as set forth on the Section 
515.582 List, below.

Goods

    The goods whose import is authorized by Section 515.582 are goods 
produced by independent Cuban entrepreneurs, as demonstrated by 
documentary evidence, that are imported into the United States, except 
for goods specified in the following sections/chapters of the 
Harmonized Tariff Schedule of the United States (HTS):

 Section I: Live Animals; Animal Products
    [cir] All chapters
 Section II: Vegetable Products
    [cir] All chapters, except Chapter 9 heading 0901 (coffee)

    **Please note that exporters will be required to prove that they 
have met all sanitary and phytosanitary standards, including food 
safety.

 Section III: Animal or Vegetable Fats and Oils and their 
Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes
    [cir] All chapters
 Section IV: Prepared Foodstuffs; Beverages, Spirits, and 
Vinegar; Tobacco and Manufactured Tobacco Substitutes
    [cir] All chapters
 Section V: Mineral Products
    [cir] All chapters
 Section VI: Products of the Chemical or Allied Industries
    [cir] Chapters 28-32; 35-36, 38
 Section XV: Base Metals and Articles of Base Metal
    [cir] Chapters 72-81
 Section XVI: Machinery and Mechanical Appliances; Electrical 
Equipment; Parts Thereof; Sound Recorders and Reproducers, Television 
Image and Sound Recorders and Reproducers, and Parts and Accessories of 
Such Articles
    [cir] All chapters
 Section XVII: Vehicles, Aircraft, Vessels, and Associated 
Transportation Equipment
    [cir] All chapters
 Section XIX: Arms and Ammunition; Parts and Accessories 
Thereof
    [cir] All chapters

This list does not supersede or excuse compliance with any additional 
requirements in U.S. law or regulation, including the relevant duties 
as set forth on the HTS.
    For travelers importing authorized goods into the United States 
pursuant to Sec.  515.582 as accompanied baggage, the $400 monetary 
limit set forth in Sec.  515.560(c)(3) does not apply to such goods, 
but goods may be subject to applicable duties, fees, and taxes.

Services

    The authorized services pursuant to 31 CFR 515.582 are services 
supplied by an independent Cuban entrepreneur in Cuba, as demonstrated 
by documentary evidence. Persons subject to U.S. jurisdiction engaging 
in import transactions involving services supplied by an independent 
Cuban entrepreneur pursuant to Sec.  515.582 are required to obtain 
documentary evidence that demonstrates the entrepreneur's independent 
status, such as a copy of a license to be self-employed issued by the 
Cuban government or, in the case of an entity, evidence that 
demonstrates that the entrepreneur is a private entity that is not 
owned or controlled by the Cuban government. Supply of services must 
comply with other applicable state and federal laws.

    Note 1:  All payments in settlement of transactions authorized 
by Sec.  515.582 should reference this section in order to avoid 
having them rejected.


    Note 2:  The authorization in Sec.  515.582 of the CACR does not 
supersede or excuse compliance with U.S. laws or regulations or any 
other additional requirements.


    Note 3:  The Department of State, in consultation with other 
federal agencies, reserves the right to update this document 
periodically. Any subsequent updates will take effect when published 
on the Web page of the Bureau of Economic and Business

[[Page 31292]]

Affairs' Office of Sanctions Policy and Implementation (http://www.state.gov/e/eb/tfs/spi). Updates will also be published in the 
Federal Register. For further information, please contact the State 
Department at 202-647-7489.


    Note 4:  For provisions relating to recordkeeping and reports, 
see 31 CFR 501.601 and 501.602 and 19 CFR part 163.

    With this notice, the Department of State is publishing its April 
22, 2016, Section 515.582 List.

Charles H. Rivkin,
Assistant Secretary, Economic and Business Affairs.
[FR Doc. 2016-11730 Filed 5-17-16; 8:45 am]
 BILLING CODE 4710-AE-P



                                                31290                        Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices

                                                and the OMB control number in any                       States to: (i) Carry on substantial trade,            security process, and to request
                                                correspondence.                                         including trade in services or                        reasonable accommodation, those who
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        technology, principally between the                   plan to attend should contact the
                                                Direct requests for additional                          United States and the treaty country; or              meeting coordinator, Ms. Bronwyn
                                                information regarding the collection                    (ii) develop and direct the operations of             Douglass, by email at
                                                listed in this notice, including requests               an enterprise in which the national has               Bronwyn.douglass@uscg.mil, by phone
                                                for copies of the proposed collection                   invested, or is actively in the process of            at (202) 372–3793, or in writing at 2703
                                                instrument and supporting documents,                    investing. Form DS–156E is completed                  Martin Luther King Jr. Ave. SE., Stop
                                                to Taylor Mauck, who may be reached                     by foreign nationals seeking                          7213, Washington DC 20593–7509 not
                                                at 202–485–7635 or at PRA_                              nonimmigrant treaty trader/investor                   later than May 27, 2016. Requests made
                                                BurdenComments@state.gov.                               visas to the United States. The                       after May 27, 2016 might not be able to
                                                                                                        Department will use the DS–156E to                    be accommodated, and same day
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        elicit information necessary to                       requests will not be accommodated due
                                                   • Title of Information Collection:
                                                                                                        determine a foreign national’s visa                   to the building’s security process. Please
                                                Nonimmigrant Treaty Trader/Investor
                                                                                                        eligibility.                                          note that due to security considerations,
                                                Application.
                                                                                                                                                              two valid, government issued photo
                                                   • OMB Control Number: 1405–0101.                     Methodology
                                                                                                                                                              identifications must be presented to
                                                   • Type of Request: Extension of a                      After completing Form DS–160,                       gain entrance to Coast Guard
                                                Currently Approved Collection.                          Online Nonimmigrant Visa Application,                 Headquarters. It is recommended that
                                                   • Originating Office: CA/VO/L/R.                     applicants will fill out the DS–156E                  attendees arrive to the Headquarters
                                                   • Form Number: DS–156E.                              online, print the form, and submit it in
                                                   • Respondents: Non-Immigrant Visa                                                                          building no later than 30 minutes ahead
                                                                                                        person or via mail.                                   of the scheduled meeting for the
                                                Applicants.
                                                   • Estimated Number of Respondents:                     Dated: April 29, 2016.                              security screening process. The
                                                48,600.                                                 Ed Ramotowski,                                        Headquarters building is accessible by
                                                   • Estimated Number of Responses:                     Deputy Assistant Secretary, Bureau of                 taxi and public transportation. Parking
                                                48,600.                                                 Consular Affairs, Department of State.                in the vicinity of the building is
                                                   • Average Time per Response: 4                       [FR Doc. 2016–11728 Filed 5–17–16; 8:45 am]
                                                                                                                                                              extremely limited and not guaranteed.
                                                Hours.                                                  BILLING CODE 4710–06–P
                                                                                                                                                                 In the case of inclement weather
                                                   • Total Estimated Burden Time:                                                                             where the Federal Government is closed
                                                194,400 hours.                                                                                                or delayed, a public meeting may be
                                                   • Frequency: On Occasion.                            DEPARTMENT OF STATE                                   conducted virtually by calling (202)
                                                   • Obligation to Respond: Required to                                                                       475–4000 or 1–855–475–2447,
                                                                                                        [Public Notice: 9566]                                 Participant code: 887 809 72. The
                                                Obtain or Retain a Benefit.
                                                   We are soliciting public comments to                                                                       meeting coordinator will confirm
                                                                                                        Notice of Public Meeting
                                                permit the Department to:                                                                                     whether the virtual public meeting will
                                                   • Evaluate whether the proposed                      ACTION:  The Department of State will                 be utilized. Members of the public can
                                                information collection is necessary for                 conduct an open meeting at 10:00 a.m.                 find out whether the Federal
                                                the proper functions of the Department.                 on Wednesday, June 1st, 2016, in Room                 Government is delayed or closed by
                                                   • Evaluate the accuracy of our                       2N23–02, United States Coast Guard                    visiting www.opm.gov/status/.
                                                estimate of the time and cost burden for                Headquarters, 2703 Martin Luther King,                Additional information regarding this
                                                this proposed collection, including the                 Jr. Ave. SE., Washington, DC 20593–                   and other IMO public meetings may be
                                                validity of the methodology and                         7213. The primary purpose of the                      found at: www.uscg.mil/imo.
                                                assumptions used.                                       meeting is to prepare for the 103rd                     Dated: May 10, 2016.
                                                   • Enhance the quality, utility, and                  Session of the International Maritime                 Jonathan W. Burby,
                                                clarity of the information to be                        Organization’s (IMO) Legal Committee                  Coast Guard Liaison Officer, Office of Ocean
                                                collected.                                              to be held at the IMO Headquarters,                   and Polar Affairs, Department of State.
                                                   • Minimize the reporting burden on                   United Kingdom, June 8–10, 2016.                      [FR Doc. 2016–11727 Filed 5–17–16; 8:45 am]
                                                those who are to respond, including the                                                                       BILLING CODE 4710–09–P
                                                use of automated collection techniques                    The agenda items to be considered
                                                or other forms of information                           include:
                                                technology.                                             —HNS Protocol, 2010                                   DEPARTMENT OF STATE
                                                   Please note that comments submitted                  —Fair treatment of seafarers in the event
                                                in response to this Notice are public                     of a maritime accident
                                                                                                                                                              [Public Notice: 9568]
                                                record. Before including any detailed                   —Provision of financial security in case
                                                personal information, you should be                       of abandoned seafarers                              Updated List of Goods and Services
                                                aware that your comments as submitted,                  —Technical cooperation activities                     Produced by Independent Cuban
                                                including your personal information,                      related to maritime legislation                     Entrepreneurs Authorized for
                                                will be available for public review.                    —Review of the status of conventions
                                                                                                                                                              Importation
                                                                                                          and other treaty instruments
                                                Abstract of Proposed Collection                           emanating from the Legal Committee                  AGENCY:   Department of State.
                                                  Section 101(a)(15)(E) of the                          —Any other business, which may
sradovich on DSK3TPTVN1PROD with NOTICES




                                                                                                                                                                 Subagency: Bureau of Economic and
                                                Immigration and Nationality Act (INA),                    include liability and compensation for              Business Affairs.
                                                8 U.S.C. 1101(a)(15)(E), includes                         transboundary oil pollution arising
                                                                                                          from offshore exploration and                       ACTION: Notice, publication of updated
                                                provisions for the nonimmigrant
                                                                                                          exploitation.                                       list of goods and services produced by
                                                classification of a national of a country
                                                                                                                                                              independent Cuban entrepreneurs
                                                with which the United States maintains                    Members of the public may attend
                                                                                                                                                              authorized for importation into the
                                                an appropriate treaty of commerce and                   this meeting up to the seating capacity
                                                                                                                                                              United States.
                                                navigation who is coming to the United                  of the room. To facilitate the building


                                           VerDate Sep<11>2014   17:10 May 17, 2016   Jkt 238001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\18MYN1.SGM   18MYN1


                                                                             Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices                                                31291

                                                SUMMARY:   On April 22, 2016, the                       Cuban entrepreneurs, in addition to the                  Æ Chapters 28–32; 35–36, 38
                                                Department of State published on its                    items previously authorized. The                       • Section XV: Base Metals and Articles
                                                Web site an updated list of goods and                   updated List also removes the                              of Base Metal
                                                services produced by independent                        requirement that imports of authorized                   Æ Chapters 72–81
                                                Cuban entrepreneurs whose importation                   goods need to be made directly from                    • Section XVI: Machinery and
                                                into the United States is authorized by                 Cuba. These changes allow for more                         Mechanical Appliances; Electrical
                                                the Department of the Treasury’s Cuban                  engagement with Cuba’s private sector                      Equipment; Parts Thereof; Sound
                                                Assets Control Regulations (‘‘CACR’’).                  through new business opportunities.                        Recorders and Reproducers,
                                                This list updates the version of the list                  The List published on the State                         Television Image and Sound
                                                published on February 13, 2015. These                   Department’s Web site on April 22,                         Recorders and Reproducers, and
                                                changes allow for more engagement                       2016, replaces in full the version of the                  Parts and Accessories of Such
                                                with Cuba’s private sector through new                  List published on February 13, 2015.                       Articles
                                                business opportunities.                                 The List is as follows, and may be                       Æ All chapters
                                                DATES: April 22, 2016.                                  updated by the State Department                        • Section XVII: Vehicles, Aircraft,
                                                                                                        periodically.                                              Vessels, and Associated
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   Transportation Equipment
                                                Office of Economic Sanctions Policy                     U.S. Department of State                                 Æ All chapters
                                                and Implementation, tel.: 202–647–                                                                             • Section XIX: Arms and Ammunition;
                                                7489; Office of the Coordinator for                     Section 515.582        List
                                                                                                                                                                   Parts and Accessories Thereof
                                                Cuban Affairs, tel.: 202–647–9273,                      Goods and Services Eligible for                          Æ All chapters
                                                Department of State, Washington, DC                     Importation
                                                                                                                                                               This list does not supersede or excuse
                                                20520 (not toll-free numbers).                            In accordance with the policy changes                compliance with any additional
                                                SUPPLEMENTARY INFORMATION:                              announced by the President on                          requirements in U.S. law or regulation,
                                                Electronic Availability                                 December 17, 2014, to further engage                   including the relevant duties as set forth
                                                                                                        and empower the Cuban people, Section                  on the HTS.
                                                  This document and additional                          515.582 of the Cuban Assets Control                      For travelers importing authorized
                                                information concerning the List are                     Regulations (31 CFR part 515—the                       goods into the United States pursuant to
                                                available from the Department of State’s                CACR) authorizes the importation into                  § 515.582 as accompanied baggage, the
                                                Web site (http://www.state.gov/e/eb/tfs/                the United States of certain goods and                 $400 monetary limit set forth in
                                                spi/cuba/515582/237471.htm).                            services produced by independent                       § 515.560(c)(3) does not apply to such
                                                Additional information about the                        Cuban entrepreneurs as determined by                   goods, but goods may be subject to
                                                President’s new course on Cuba is also                  the State Department as set forth on the               applicable duties, fees, and taxes.
                                                on the Web site (www.state.gov/p/wha/                   Section 515.582 List, below.
                                                ci/cu/cuba/).                                                                                                  Services
                                                                                                        Goods                                                     The authorized services pursuant to
                                                Background
                                                                                                          The goods whose import is authorized                 31 CFR 515.582 are services supplied by
                                                  On January 16, 2015, the Department                   by Section 515.582 are goods produced                  an independent Cuban entrepreneur in
                                                of the Treasury’s Office of Foreign                     by independent Cuban entrepreneurs, as                 Cuba, as demonstrated by documentary
                                                Assets Control (OFAC) published a final                 demonstrated by documentary evidence,                  evidence. Persons subject to U.S.
                                                rule in the Federal Register (80 FR                     that are imported into the United States,              jurisdiction engaging in import
                                                2291, Jan. 16, 2015) amending the                       except for goods specified in the                      transactions involving services supplied
                                                Cuban Assets Control Regulations                        following sections/chapters of the                     by an independent Cuban entrepreneur
                                                (CACR), 31 CFR part 515, to implement                   Harmonized Tariff Schedule of the                      pursuant to § 515.582 are required to
                                                the President’s December 17, 2014,                      United States (HTS):                                   obtain documentary evidence that
                                                policy announcement on Cuba. Section
                                                515.582 of the CACR was added to                        • Section I: Live Animals; Animal                      demonstrates the entrepreneur’s
                                                                                                             Products                                          independent status, such as a copy of a
                                                authorize persons subject to U.S.                                                                              license to be self-employed issued by
                                                jurisdiction to engage in all transactions,               Æ All chapters
                                                including payments, necessary to                        • Section II: Vegetable Products                       the Cuban government or, in the case of
                                                                                                          Æ All chapters, except Chapter 9                     an entity, evidence that demonstrates
                                                import certain goods and services                                                                              that the entrepreneur is a private entity
                                                produced by independent Cuban                                heading 0901 (coffee)
                                                                                                          **Please note that exporters will be                 that is not owned or controlled by the
                                                entrepreneurs as determined by the                                                                             Cuban government. Supply of services
                                                State Department as set forth on the                    required to prove that they have met all
                                                                                                        sanitary and phytosanitary standards,                  must comply with other applicable state
                                                State Department’s Section 515.582 List.                                                                       and federal laws.
                                                Empowering the Cuban people and                         including food safety.
                                                Cuban civil society is central to the                   • Section III: Animal or Vegetable Fats                   Note 1: All payments in settlement of
                                                                                                             and Oils and their Cleavage                       transactions authorized by § 515.582 should
                                                Administration’s approach to Cuba,
                                                                                                                                                               reference this section in order to avoid
                                                which seeks to create new opportunities                      Products; Prepared Edible Fats;                   having them rejected.
                                                for Cuba’s nascent private sector. The                       Animal or Vegetable Waxes
                                                State Department’s Section 515.582 List                   Æ All chapters                                         Note 2: The authorization in § 515.582 of
                                                was first published February 13, 2015                   • Section IV: Prepared Foodstuffs;                     the CACR does not supersede or excuse
                                                on its Web site and went into effect                         Beverages, Spirits, and Vinegar;                  compliance with U.S. laws or regulations or
sradovich on DSK3TPTVN1PROD with NOTICES




                                                immediately upon publication.                                Tobacco and Manufactured Tobacco                  any other additional requirements.
                                                  On April 22, 2016, the State                               Substitutes
                                                                                                                                                                 Note 3: The Department of State, in
                                                Department updated the Section                            Æ All chapters                                       consultation with other federal agencies,
                                                515.582 List, authorizing persons                       • Section V: Mineral Products                          reserves the right to update this document
                                                subject to U.S. jurisdiction to import                    Æ All chapters                                       periodically. Any subsequent updates will
                                                coffee and additional textiles and textile              • Section VI: Products of the Chemical                 take effect when published on the Web page
                                                articles produced by independent                             or Allied Industries                              of the Bureau of Economic and Business



                                           VerDate Sep<11>2014   17:10 May 17, 2016   Jkt 238001   PO 00000   Frm 00068   Fmt 4703    Sfmt 4703   E:\FR\FM\18MYN1.SGM   18MYN1


                                                31292                        Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices

                                                Affairs’ Office of Sanctions Policy and                 becoming a Class II or Class I rail                       By the Board, Rachel D. Campbell,
                                                Implementation (http://www.state.gov/e/eb/              carrier, but that its projected annual                  Director, Office of Proceedings.
                                                tfs/spi). Updates will also be published in the         revenues will exceed $5 million.                        Tammy Lowery,
                                                Federal Register. For further information,                                                                      Clearance Clerk.
                                                please contact the State Department at 202–             Accordingly, Palmetto is required, at
                                                647–7489.                                               least 60 days before this exemption is to               [FR Doc. 2016–11721 Filed 5–17–16; 8:45 am]
                                                                                                        become effective, to send notice of the                 BILLING CODE 4915–01–P
                                                  Note 4: For provisions relating to                    transaction to the national offices of the
                                                recordkeeping and reports, see 31 CFR                   labor unions with employees on the
                                                501.601 and 501.602 and 19 CFR part 163.                                                                        OFFICE OF THE UNITED STATES
                                                                                                        affected line, post a copy of the notice
                                                  With this notice, the Department of                   at the workplace of the employees on                    TRADE REPRESENTATIVE
                                                State is publishing its April 22, 2016,                 the affected line, and certify to the
                                                Section 515.582 List.                                   Board that it has done so. 49 CFR                       Determination Regarding Waiver of
                                                                                                        1150.42(e). Palmetto’s verified notice,                 Discriminatory Purchasing
                                                Charles H. Rivkin,                                                                                              Requirements With Respect to Goods
                                                Assistant Secretary, Economic and Business              however, includes a request to waive
                                                                                                                                                                and Services of Ukraine
                                                Affairs.                                                that requirement. Palmetto states that
                                                [FR Doc. 2016–11730 Filed 5–17–16; 8:45 am]             H&B has not conducted any rail                          AGENCY:  Office of the United States
                                                BILLING CODE 4710–AE–P
                                                                                                        operations in more than three years and                 Trade Representative.
                                                                                                        does not have any employees, other                      ACTION: Determination regarding waiver
                                                                                                        than its president. Palmetto asserts that               of discriminatory purchasing
                                                SURFACE TRANSPORTATION BOARD                            providing the 60-day notice would serve                 requirements under the Trade
                                                                                                        no useful purpose because it is merely                  Agreements Act of 1979.
                                                [Docket No. FD 35995]                                   acquiring the Line to prevent
                                                                                                        abandonment. Palmetto’s waiver request                  DATES:   Effective May 18, 2016.
                                                South Carolina Division of Public
                                                                                                        will be addressed in a separate decision.               FOR FURTHER INFORMATION CONTACT:
                                                Railways d/b/a Palmetto Railways—
                                                Acquisition Exemption—Hampton &                            Palmetto states that it expects to                   Scott Pietan, Director of International
                                                Branchville Railroad Company                            consummate the transaction on or after                  Procurement Policy, Office of the
                                                                                                        August 5, 2016.2 The Board will                         United States Trade Representative,
                                                   South Carolina Division of Public                    establish in the decision on the waiver                 (202) 395–9646.
                                                Railways d/b/a Palmetto Railways                        request the earliest date this transaction              SUPPLEMENTARY INFORMATION: On
                                                (Palmetto), a Class III rail carrier, has               may be consummated.                                     November 11, 2015, the WTO
                                                filed a verified notice of exemption                                                                            Committee on Government Procurement
                                                under 49 CFR 1150.41 to acquire three                      If the verified notice contains false or             approved the accession of Ukraine to
                                                connecting line segments that constitute                misleading information, the exemption                   the World Trade Organization (‘‘WTO’’)
                                                the entire rail line of Hampton &                       is void ab initio. Petitions to revoke the              Agreement on Government Procurement
                                                Branchville Railroad Company (H&B), a                   exemption under 49 U.S.C. 10502(d)                      (‘‘GPA’’). Ukraine submitted its
                                                total distance of approximately 45.77                   may be filed at any time. The filing of                 instrument of accession to the Secretary-
                                                miles in Colleton and Hampton                           a petition to revoke will not                           General of the WTO on April 18, 2016.
                                                Counties, S.C. (H&B Line): (1) From a                   automatically stay the effectiveness of                 The GPA will enter into force for
                                                connection with CSX Transportation,                     the exemption. Petitions to stay must be                Ukraine on May 18, 2016. The United
                                                Inc., at milepost 0.0 in Hampton to                     filed no later than May 25, 2016.                       States, which is also a party to the GPA,
                                                milepost 16.8 at H&B Junction, a                           An original and 10 copies of all                     has agreed to waive discriminatory
                                                distance of 16.8 miles; (2) from the end                pleadings, referring to Docket No. FD                   purchasing requirements for eligible
                                                of track at milepost 462.37 in Lodge                    35995, must be filed with the Surface                   products and suppliers of Ukraine
                                                through H&B Junction and Stokes to the                                                                          beginning on May 18, 2016. Section 1–
                                                                                                        Transportation Board, 395 E Street SW.,
                                                end of track at milepost 443.18 in                                                                              201 of Executive Order 12260 of
                                                                                                        Washington, DC 20423–0001. In
                                                Walterboro, a distance of 19.19 miles;                                                                          December 31, 1980 delegated the
                                                and (3) from approximately milepost                     addition, a copy of each pleading must
                                                                                                        be served on Thomas J. Litwiler,                        functions of the President under
                                                447 at Stokes to the end of track at                                                                            sections 301 and 302 of the Trade
                                                milepost 456.78 in Canadys, a distance                  Fletcher & Sippel LLC, 29 North Wacker
                                                                                                                                                                Agreements Act of 1979 (‘‘the Trade
                                                of 9.78 miles.1                                         Drive, Suite 920, Chicago, IL 60606.
                                                                                                                                                                Agreements Act’’) (19 U.S.C. 2511,
                                                   Palmetto has certified that the                         Board decisions and notices are                      2512) to the United States Trade
                                                transaction does not involve any                        available on our Web site at                            Representative.
                                                provision or agreement that would limit                 ‘‘WWW.STB.DOT.GOV’’.                                       Determination: In conformity with
                                                future interchange with a third-party                                                                           sections 301 and 302 of the Trade
                                                                                                          Decided: May 13, 2016.
                                                connecting carrier.                                                                                             Agreements Act, and in order to carry
                                                   Palmetto states that its projected                     2 Palmetto states that H&B and Palmetto have
                                                                                                                                                                out U.S. obligations under the GPA, I
                                                annual revenues as a result of this                                                                             hereby determine that:
                                                                                                        agreed upon the terms of an Asset Purchase and
                                                transaction will not result in Palmetto’s               Sale Agreement providing for Palmetto’s acquisition        1. Ukraine has become a party to the
                                                                                                        of all of H&B’s right, title, and interest in the H&B   GPA and will provide appropriate
                                                  1 Palmetto states that no rail service has been
                                                                                                        Line. According to Palmetto, the Agreement will be      reciprocal competitive government
sradovich on DSK3TPTVN1PROD with NOTICES




                                                provided on the H&B Line since H&B’s final              fully executed after Palmetto receives the necessary
                                                customer ceased rail shipments in December 2012.
                                                                                                                                                                procurement opportunities to United
                                                                                                        state agency approvals. Palmetto states that it will    States products and services and
                                                Palmetto also states that the stub track between
                                                                                                        concurrently execute a Loan and Security
                                                H&B Junction and Lodge has not been in service                                                                  suppliers of such products and services.
                                                since 1986, and the stub track between Stokes and       Agreement with Colleton County Intermodal
                                                                                                        Corporation (CCIC) and Colleton County providing
                                                                                                                                                                In accordance with section 301(b)(1) of
                                                Walterboro has not been in service since 1989.
                                                According to Palmetto, certain trackage on both         for CCIC’s financing of the acquisition transaction     the Trade Agreements Act, Ukraine is so
                                                stubs has been removed, but neither segment has         through the issuance of economic development            designated for purposes of section
                                                been abandoned.                                         revenue bonds.                                          301(a) of the Trade Agreements Act.


                                           VerDate Sep<11>2014   17:10 May 17, 2016   Jkt 238001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\18MYN1.SGM     18MYN1



Document Created: 2016-05-18 00:05:53
Document Modified: 2016-05-18 00:05:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice, publication of updated list of goods and services produced by independent Cuban entrepreneurs authorized for importation into the United States.
DatesApril 22, 2016.
ContactOffice of Economic Sanctions Policy and Implementation, tel.: 202-647-7489; Office of the Coordinator for Cuban Affairs, tel.: 202-647-9273, Department of State, Washington, DC 20520 (not toll-free numbers).
FR Citation81 FR 31290 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR