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)

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



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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