81 FR 71162 - WTO Dispute Settlement Proceeding Regarding United States-Certain Measures Relating to the Renewable Energy Sector

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range		71162-71163
FR Document		2016-24796

The Office of the United States Trade Representative (USTR) is providing notice that on September 9, 2016, India requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) concerning certain measures relating to the renewable energy sector in the United States. You can find that request at www.wto.org in a document designated as WT/DS510/1. USTR invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71162-71163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24796]



[[Page 71162]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2016-0018; Dispute Number WTO/DS510]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Measures Relating to the Renewable Energy Sector

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that on September 9, 2016, India requested 
consultations with the United States under the Marrakesh Agreement 
Establishing the World Trade Organization (WTO Agreement) concerning 
certain measures relating to the renewable energy sector in the United 
States. You can find that request at www.wto.org in a document 
designated as WT/DS510/1. USTR invites written comments from the public 
concerning the issues raised in this dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, you should submit your 
comment on or before November 25, 2016, to be assured of timely 
consideration by USTR.

ADDRESSES: You should submit written comments through the Federal 
eRulemaking Portal: http://www.regulations.gov, docket number USTR-
2016-0018. Follow the instructions for submitting comments in section 
III below. For alternatives to on-line submissions, please contact 
Sandy McKinzy at (202) 395-9483. If (as explained below) the comment 
contains confidential information, then the comment should be submitted 
by fax only to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Robert Anderson, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street NW., Washington DC 20508, (202) 395-7630.

SUPPLEMENTARY INFORMATION: 

I. Background

    USTR is providing notice that consultations have been requested 
pursuant to the WTO Understanding on Rules and Procedures Governing the 
Settlement of Disputes (DSU). If these consultations do not resolve the 
matter and a dispute settlement panel is established pursuant to the 
DSU, the panel, which would hold its meetings in Geneva Switzerland, 
would be expected to issue a report on its findings and recommendations 
within nine months after it is established.

II. Major Issues Raised by India

    On September 9 2016, India requested consultations concerning 
certain U.S. measures relating to domestic content requirements and 
subsidies instituted by the governments of the states of Washington, 
California, Montana, Massachusetts, Connecticut, Michigan, Delaware and 
Minnesota (collectively, US States), in the energy sector. India 
alleges that these domestic content requirements and subsidies are 
maintained under the following instruments.
    1. Renewable Energy Cost Recovery Incentive Payment Program (RECIP) 
maintained under the authority of the Revised Code of Washington (RCW 
82.16.110 through 82.16.130) and the Washington Administrative Code 
(WAC 458-20-273).
    2. State of California Self-Generation Incentive Program (SGIP) 
under the California Public Utilities Code (Sections 360-380), as 
modified by the Senate Bill 412, and the SGIP Handbook 2015.
    3. Los Angeles Department of Water and Power's (LADWP) Solar 
Incentive Program implemented by the LADWP under the Solar Photovoltaic 
(PV) Incentive Program Guidelines.
    4. Montana Tax Incentive for Ethanol Production (TIEP) under the 
Ethanol Tax Incentive and Administration Act of 1983 (Montana Code 
Annotated 2015, Section 15-70-522).
    5. Montana Tax Credit for Biodiesel Blending and Storage under 
Montana Code Annotated 2015, Section 15-32-703.
    6. Refund for Taxes paid on Biodiesel by Distributor or Retailer 
under the Montana Code Annotated 2015, Section 15-70-433.
    7. Massachusetts Clean Energy Centre's Commonwealth Solar Hot Water 
Program, (CSHWP) under Chapter 307 of the Acts of 2008 (Green Jobs Act 
of 2008), codified in Chapter 23J of the Massachusetts General Laws 
read with the Residential and Small Scale Solar Hot Water Program 
Manual and the Commercial Scale Solar Hot Water Program Manual.
    8. Connecticut Residential Solar Investment Program (CRSIP) under 
2012 Connecticut General Statutes, Title 16, Chapter 283, Section 16-
245ff read with 2014 Connecticut General Statutes, Title 16, Chapter 
283, Section 16-245gg.
    9. Michigan Energy Credits under the Clean, Renewable and Efficient 
Energy Act, 2008 (CREEA), Chapter 460, Section 27/(Section 460.1027) 
and 39(2)/(Section 460.1039); and Experimental Advanced Renewable 
Energy Program (EARP) under Section 21/(Section 460.1021) of the CREEA 
read with Rule C10.3 of the Rate Book for Electric Service adopted by 
Consumers Energy Company and approved by the Michigan Public Service 
Commission.
    10. Delaware Solar Renewable Energy Credits under the Renewable 
Energy Portfolio Standards Act 2005 (RPS Act). Delaware Administrative 
Code, Title 26, Public Utilities, Rules and Procedures to Implement the 
Renewable Energy Portfolio Standard.
    11. Made in Minnesota Solar Incentive Program (MSIP) administered 
pursuant to the criterion established under the Made in Minnesota Solar 
Energy Production Incentive law (Minnesota Statute Sec.  216C.414, 
subd. 2 (2013)).
    India alleges inconsistencies with Articles III:4 and XVI:1 of the 
General Agreement on Tariffs and Trade 1994; Article 2.1 of the 
Agreement on Trade-related Investment Measures; Articles 3.1(b), 3.2, 
5(a), 5(c), 6.3(a), 6.3(c), and 25 of the Agreement on Subsidies and 
Countervailing Measures; and Article XVI:4 of the Marrakesh Agreement 
establishing the World Trade Organization.

III. Public Comments: Requirements for Submissions

    USTR invites written comments concerning the issues raised in this 
dispute. You should submit your comment electronically to 
www.regulations.gov, docket number USTR-2016-0018. For alternatives to 
electronic submissions, contact Sandy McKinzy at (202) 395-9483.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2016-0018 on the home page and click ``search.'' The site will 
provide a search-results page listing all documents associated with 
this docket. Find a reference to this notice by selecting Notice under 
Document Type on the left side of the search-results page, and click on 
the link entitled ``Comment Now!'' For further information on using the 
www.regulations.gov Web site, please consult the resources provided on 
the Web site by clicking on ``How to Use Regulations.gov'' on the 
bottom of the home page.
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Type Comment'' field, or by attaching a document 
using an ``Upload File'' field. USTR prefers that comments be provided 
in an attached document. If

[[Page 71163]]

a document is attached, it is sufficient to type ``See attached'' in 
the ``Type Comment'' field. USTR prefers submissions in Microsoft Word 
(.doc) or Adobe Acrobat (.pdf). If the submission is in an application 
other than those two, please indicate the name of the application in 
the ``Type Comment'' field.
    Submit any comments containing business confidential information by 
fax to Sandy McKinzy at (202) 395-3640. A person requesting that 
information contained in a comment be treated as confidential business 
information must certify that s/he would not customarily release the 
information to the public. Any page containing business confidential 
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top 
and bottom of that page. Filers of submissions containing business 
confidential information also must submit a public version of their 
comments electronically through regulations.gov. The non-confidential 
summary will be placed in the docket and will be open to public 
inspection.
    USTR may determine that information or advice contained in a 
comment, other than business confidential information, is confidential 
in accordance with section 135(g)(2) of the Trade Act of 1974 (19 
U.S.C. 2155(g)(2)). If a submitter believes that information or advice 
is confidential, s/he must clearly designate the information or advice 
as confidential and mark it as ``SUBMITTED IN CONFIDENCE'' at the top 
and bottom of the cover page and each succeeding page, and provide a 
non-confidential summary of the information or advice.
    Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement 
proceeding, docket number USTR-2016-0018, accessible to the public at 
www.regulations.gov. The public file will include non-confidential 
public comments USTR receives regarding the dispute. If a dispute 
settlement panel is convened, or in the event of an appeal from a 
panel, USTR will make the following documents publicly available at 
www.ustr.gov: The U.S. submissions and any non-confidential summaries 
of submissions received from other participants in the dispute. If a 
dispute settlement panel is convened, or in the event of an appeal from 
a panel, the report of the panel, and, if applicable, the report of the 
Appellate Body, will also be available on the Web site of the World 
Trade Organization, at www.wto.org.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2016-24796 Filed 10-13-16; 8:45 am]
 BILLING CODE 3290-F7-P

Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71163

a document is attached, it is sufficient World Trade Organization, at Military Readiness Activities at the at
to type ‘‘See attached’’ in the ‘‘Type www.wto.org. NWSTF Boardman, Oregon, and that
Comment’’ field. USTR prefers adoption of the Final EIS by the FAA is
Juan Millan,
submissions in Microsoft Word (.doc) or authorized under 40 CFR 1506.3,
Assistant United States Trade Representative
Adobe Acrobat (.pdf). If the submission for Monitoring and Enforcement, Office of
Adoption. Accordingly, the FAA adopts
is in an application other than those the U.S. Trade Representative. the FEIS, and takes full responsibility
two, please indicate the name of the [FR Doc. 2016–24796 Filed 10–13–16; 8:45 am]
for the scope and content that addresses
application in the ‘‘Type Comment’’ the proposed changes to special use
BILLING CODE 3290–F7–P
field. airspace for NWSTF Boardman.
FOR FURTHER INFORMATION CONTACT:
Submit any comments containing
DEPARTMENT OF TRANSPORTATION Paula Miller, Airspace Policy and
business confidential information by fax
Regulations Group, Office of Airspace
to Sandy McKinzy at (202) 395–3640. A
Federal Aviation Administration Services, Federal Aviation
person requesting that information Administration, 800 Independence
contained in a comment be treated as Notice of Availability of the Federal Avenue SW., Washington, DC 20591;
confidential business information must Aviation Administration Record of telephone: (202) 267–7378.
certify that s/he would not customarily Decision and Adoption of Department SUPPLEMENTAL INFORMATION:
release the information to the public. of Navy’s Final Environmental Impact
Any page containing business Statement for Military Readiness Background
confidential information must be clearly Activities at the Naval Weapons In August 2012, in accordance with
marked ‘‘BUSINESS CONFIDENTIAL’’ Systems Training Facility Boardman, the National Environmental Policy Act
on the top and bottom of that page. Oregon and its implementing regulations, the
Filers of submissions containing DoN released a Draft EIS. The Draft EIS
AGENCY: Federal Aviation
business confidential information also Administration, DOT. presented the potential environmental
must submit a public version of their consequences of the DoN’s proposal to
ACTION: Notice of record of decision.
comments electronically through achieve and maintain military readiness
regulations.gov. The non-confidential SUMMARY: The Federal Aviation by analyzing the military training
summary will be placed in the docket Administration (FAA) announces its activities at NWSTF Boardman, Oregon.
and will be open to public inspection. decision to adopt the Department of the As a result of public, agency, and tribal
USTR may determine that information Navy’s (DoN) Final Environmental comments during the 60-day public
or advice contained in a comment, other Impact Statement (EIS) for Military comment period on the Draft EIS, and
Readiness Activities at Naval Weapons the FAA aeronautical review process,
than business confidential information,
Systems Training Facility Boardman, the DoN, FAA, other federal and state
is confidential in accordance with
Oregon, EIS No. 20150355. In agencies, and tribal governments have
section 135(g)(2) of the Trade Act of accordance with Section 102 of the consulted to mitigate concerns while
1974 (19 U.S.C. 2155(g)(2)). If a National Environmental Policy Act of continuing to meet national defense
submitter believes that information or 1969 (‘‘NEPA’’), the Council on training requirements. The DoN is the
advice is confidential, s/he must clearly Environmental Quality’s (‘‘CEQ’’) proponent for the NWSTF Boardman
designate the information or advice as regulations implementing NEPA (40 and is the lead agency for the
confidential and mark it as CFR parts 1500–1508), and other preparation of the FEIS. The FAA is a
‘‘SUBMITTED IN CONFIDENCE’’ at the applicable authorities, including The cooperating agency responsible for
top and bottom of the cover page and Federal Aviation Administration (FAA) approving special use airspace as
each succeeding page, and provide a Order 1050.1F, Environmental Impacts: defined in 40 CFR 1508.5.
non-confidential summary of the Policies and Procedures, paragraph 8–2,
information or advice. and FAA Order JO 7400.2K, Implementation
Pursuant to section 127(e) of the ‘‘Procedures for Handling Airspace As a result of the public comments
Uruguay Round Agreements Act (19 Matters,’’ paragraph 32–2–3, the FAA received, the aeronautical studies,
U.S.C. 3537(e)), USTR will maintain a has conducted an independent review environmental analysis, the FAA is
and evaluation of the DoN’s Final establishing the Boardman Low Military
docket on this dispute settlement
Environmental Impact Statement (EIS) Operations Area (MOA) and amending
proceeding, docket number USTR–
for Military Readiness Activities at the the Boardman MOA. The Boardman
2016–0018, accessible to the public at
at Naval Weapons Systems Training MOA legal description has been
www.regulations.gov. The public file Facility (NWSTF) Boardman, Oregon, modified from the description
will include non-confidential public dated December 2015. As a cooperating circularized to the public from July 18
comments USTR receives regarding the agency with responsibility for approving through August 31, 2014. After the
dispute. If a dispute settlement panel is special use airspace under 49 U.S.C. conclusion of the Aeronautical Study
convened, or in the event of an appeal 40103(b)(3)(A), the FAA provided comment period, the FAA changed the
from a panel, USTR will make the subject matter expertise and closely coordinates of the airspace action to
following documents publicly available coordinated with the DoN during the incorporate the proposed expansion that
at www.ustr.gov: The U.S. submissions environmental review process, was circularized to the public consistent
and any non-confidential summaries of including preparation of the Draft EIS with the intent of the proposal stated in
rmajette on DSK2TPTVN1PROD with NOTICES

submissions received from other and the Final EIS. Based on its the circular and Aeronautical Study
participants in the dispute. If a dispute independent review and evaluation, the recommendation. The result is the
settlement panel is convened, or in the FAA has determined the Final EIS, change amends the existing Boardman
event of an appeal from a panel, the including its supporting documentation, MOA’s description instead of creating a
report of the panel, and, if applicable, as incorporated by reference, adequately separate MOA for the expansion area.
the report of the Appellate Body, will assesses and discloses the One coordinate in the Boardman Low
also be available on the Web site of the environmental impacts of the for MOA was changed to more accurately

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Document Created: 2016-10-14 00:00:32
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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 with request for comments.
Dates		Although USTR will accept any comments received during the course of the dispute settlement proceedings, you should submit your comment on or before November 25, 2016, to be assured of timely consideration by USTR.
Contact		Robert Anderson, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street NW., Washington DC 20508, (202) 395-7630.
FR Citation		81 FR 71162