81_FR_75067 81 FR 74859 - WTO Dispute Settlement Proceeding Regarding China-Export Duties on Certain Raw Materials

81 FR 74859 - WTO Dispute Settlement Proceeding Regarding China-Export Duties on Certain Raw Materials

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74859-74861
FR Document2016-25990

The Office of the United States Trade Representative (USTR) is providing notice that the United States has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). That request may be found at www.wto.org in a document designated as WT/DS508/6. USTR invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74859-74861]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25990]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2016-0021; Dispute Number WT/DS508]


WTO Dispute Settlement Proceeding Regarding China--Export Duties 
on Certain Raw Materials

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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

[[Page 74860]]

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that the United States has requested the establishment 
of a dispute settlement panel under the Marrakesh Agreement 
Establishing the World Trade Organization (WTO Agreement). That request 
may be found at www.wto.org in a document designated as WT/DS508/6. 
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 December 15, 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-
2016-0021. 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 only be 
submitted by fax to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Katherine Wang, Assistant General 
Counsel, [email protected], (202) 395-6214, or Leigh Bacon, 
Senior Associate General Counsel, [email protected], (202) 395-
5859.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3537(b)(1)) requires notice and opportunity for comment after 
the United States submits or receives a request for the establishment 
of a WTO dispute settlement panel. Pursuant to this provision, USTR is 
providing notice that the United States has requested a dispute 
settlement panel pursuant to the WTO Understanding on Rules Procedures 
Governing the Settlement of Disputes (DSU). Once the WTO establishes a 
dispute settlement panel, the panel will hold its meetings in Geneva, 
Switzerland.

II. Major Issues Raised by the United States

    On October 13, 2016, the United States requested the establishment 
of a WTO dispute settlement panel regarding China's restrictions on the 
export of various forms of antimony, chromium, cobalt, copper, 
graphite, indium, lead, magnesia, talc, tantalum, and tin identified in 
the State Council Customs Tariff Commission Notice on Issuing the 2016 
Tariff Adjustment Plan (State Council Customs Tariff Commission, Shui 
Wei Hui [2015] No. 23, issued December 4, 2015, effective January 1, 
2016) and the Ministry of Commerce and General Administration of 
Customs 2015 Public Notice No. 76 on Announcing the 2016 Export 
Licensing Management Commodities Catalogue (Ministry of Commerce and 
General Administration of Customs 2015 Public Notice No. 76, issued 
December 29, 2015, effective January 1, 2016).\1\ These export 
restrictions include export duties on the materials; quantitative 
restrictions such as quotas on the export of the materials; and 
additional requirements that impose restrictions on the trading rights 
of enterprises seeking to export various forms of the materials, such 
as prior export performance requirements.
---------------------------------------------------------------------------

    \1\ The forms of these materials subject to export duties and 
quotas include, but are not limited to, the items falling under the 
Chinese Customs Commodity Codes listed in the panel request.
---------------------------------------------------------------------------

    China's export restraints appear to be inconsistent with Article 
XI:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994), 
Paragraphs 5.1 and 11.3 of Part I of the Protocol on the Accession of 
the People's Republic of China (Accession Protocol), and Paragraph 1.2 
of Part I of the Accession Protocol (which incorporates paragraphs 83, 
84, 162, and 165 of the Working Party Report on the Accession of 
China).

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-2016-0021. For alternatives to 
electronic submissions, contact Sandy McKinzy at (202) 395-9483.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2016-0021 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 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 URAA (19 U.S.C. 3537(e)), USTR 
will maintain a docket on this dispute settlement proceeding, docket 
number USTR-2016-0021, 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

[[Page 74861]]

Appellate Body, will also be available on the Web site of the World 
Trade Organization, at www.wto.org.

Juan A. Mill[aacute]n,
Acting Assistant U.S. Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2016-25990 Filed 10-26-16; 8:45 am]
 BILLING CODE 3290-F7-P



                                                                            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices                                               74859

                                                index for 2015 ($48,098.63) to that for                 Trial Work Period Earnings Threshold                  1993 ($23,132.67) produces $2,079.25.
                                                1992 ($22,935.42) produces $94,370.99.                                                                        We then round this amount to $2,000.
                                                                                                        General
                                                We round this amount to $94,500.                                                                              Therefore, the domestic employee
                                                Because $94,500 exceeds the current                        During a trial work period of 9                    coverage threshold amount is $2,000 for
                                                amount of $88,200, the old-law                          months in a rolling 60-month period, a                2017.
                                                contribution and benefit base is $94,500                beneficiary receiving Social Security
                                                for 2017.                                               disability benefits may test his or her               Election Official and Election Worker
                                                                                                        ability to work and still receive monthly             Coverage Threshold
                                                Substantial Gainful Activity Amounts                    benefit payments. To be considered a                  General
                                                General                                                 trial work period month, earnings must
                                                                                                        be over a certain level. In 2017, any                   The minimum amount an election
                                                   A finding of disability under titles II                                                                    official and election worker must earn
                                                                                                        month in which earnings exceed $840 is
                                                and XVI of the Act requires that a                                                                            so the earnings are covered under Social
                                                                                                        considered a month of services for an
                                                person, except for a title XVI disabled                                                                       Security or Medicare is the election
                                                                                                        individual’s trial work period.
                                                child, be unable to engage in SGA. A                                                                          official and election worker coverage
                                                person who is earning more than a                       Computation                                           threshold. For 2017, this threshold is
                                                certain monthly amount is ordinarily                       The method used to determine the                   $1,800. Section 218(c)(8)(B) of the Act
                                                considered to be engaging in SGA. The                   new amount is set forth in our                        provides the formula for increasing the
                                                monthly earnings considered as SGA                      regulations at 20 CFR 404.1592(b).                    threshold.
                                                depends on the nature of a person’s                     Monthly earnings in 2017, used to
                                                disability. Section 223(d)(4)(A) of the                                                                       Computation
                                                                                                        determine whether a month is part of a
                                                Act specifies the SGA amount for                        trial work period, is the larger of: (1)                Under the formula, the election
                                                statutorily blind individuals under title               The amount for 2001 ($530) multiplied                 official and election worker coverage
                                                II while our regulations (20 CFR                        by the ratio of the national average wage             threshold for 2017 is equal to the 1999
                                                404.1574 and 416.974) specify the SGA                   index for 2015 to that for 1999; or (2) the           amount of $1,000 multiplied by the ratio
                                                amount for non-blind individuals.                       amount for 2016. If the amount so                     of the national average wage index for
                                                Computation                                             calculated is not a multiple of $10, we               2015 to that for 1997. If the amount we
                                                                                                        round it to the nearest multiple of $10.              determine is not a multiple of $100, it
                                                   The monthly SGA amount for                                                                                 we round it to the nearest multiple of
                                                statutorily blind individuals under title               Trial Work Period Earnings Threshold                  $100.
                                                II for 2017 is the larger of: (1) The                   Amount
                                                amount for 1994 multiplied by the ratio                                                                       Election Official and Election Worker
                                                                                                          Multiplying the 2001 monthly
                                                of the national average wage index for                                                                        Coverage Threshold Amount
                                                                                                        earnings threshold ($530) by the ratio of
                                                2015 to that for 1992; or (2) the amount                                                                        Multiplying the 1999 coverage
                                                                                                        the national average wage index for
                                                for 2016. The monthly SGA amount for                                                                          threshold amount ($1,000) by the ratio
                                                                                                        2015 ($48,098.63) to that for 1999
                                                non-blind disabled individuals for 2017                                                                       of the national average wage index for
                                                                                                        ($30,469.84) produces $836.64. We then
                                                is the larger of: (1) The amount for 2000                                                                     2015 ($48,098.63) to that for 1997
                                                                                                        round this amount to $840. Because
                                                multiplied by the ratio of the national                                                                       ($27,426.00) produces $1,753.76. We
                                                                                                        $840 exceeds the current amount of
                                                average wage index for 2015 to that for                                                                       then round this amount to $1,800.
                                                                                                        $810, the monthly earnings threshold is
                                                1998; or (2) the amount for 2016. In                                                                          Therefore, the election official and
                                                either case, if the resulting amount is                 $840 for 2017.
                                                                                                                                                              election worker coverage threshold
                                                not a multiple of $10, we round it to the               Domestic Employee Coverage                            amount is $1,800 for 2017.
                                                nearest multiple of $10.                                Threshold
                                                                                                                                                              (Catalog of Federal Domestic Assistance:
                                                SGA Amount for Statutorily Blind                        General                                               Program Nos. 96.001 Social Security-
                                                Individuals                                               The minimum amount a domestic                       Disability Insurance; 96.002 Social Security-
                                                   Multiplying the 1994 monthly SGA                     worker must earn so that such earnings                Retirement Insurance; 96.004 Social Security-
                                                                                                                                                              Survivors Insurance; 96.006 Supplemental
                                                amount for statutorily blind individuals                are covered under Social Security or                  Security Income)
                                                ($930) by the ratio of the national                     Medicare is the domestic employee
                                                average wage index for 2015                             coverage threshold. For 2017, this                    Carolyn W. Colvin,
                                                ($48,098.63) to that for 1992                           threshold is $2,000. Section 3121(x) of               Acting Commissioner of Social Security.
                                                ($22,935.42) produces $1,950.33. We                     the Internal Revenue Code provides the                [FR Doc. 2016–26026 Filed 10–26–16; 8:45 am]
                                                then round this amount to $1,950.                       formula for increasing the threshold.                 BILLING CODE 4191–02–P
                                                Because $1,950 exceeds the current
                                                amount of $1,820, the monthly SGA                       Computation
                                                amount for statutorily blind individuals                  Under the formula, the domestic
                                                is $1,950 for 2017.                                     employee coverage threshold for 2017 is               OFFICE OF THE UNITED STATES
                                                                                                        equal to the 1995 amount of $1,000                    TRADE REPRESENTATIVE
                                                SGA Amount for Non-Blind Disabled
                                                                                                        multiplied by the ratio of the national
                                                Individuals                                                                                                   [Docket Number USTR–2016–0021; Dispute
                                                                                                        average wage index for 2015 to that for
                                                  Multiplying the 2000 monthly SGA                      1993. If the resulting amount is not a                Number WT/DS508]
                                                amount for non-blind individuals ($700)                 multiple of $100, we round it to the next
                                                by the ratio of the national average wage                                                                     WTO Dispute Settlement Proceeding
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        lower multiple of $100.
                                                index for 2015 ($48,098.63) to that for                                                                       Regarding China—Export Duties on
                                                1998 ($28,861.44) produces $1,166.58.                   Domestic Employee Coverage Threshold                  Certain Raw Materials
                                                We then round this amount to $1,170.                    Amount
                                                                                                                                                              AGENCY: Office of the United States
                                                Because $1,170 exceeds the current                        Multiplying the 1995 domestic                       Trade Representative.
                                                amount of $1,130, the monthly SGA                       employee coverage threshold ($1,000)
                                                                                                                                                              ACTION: Notice with request for
                                                amount for non-blind disabled                           by the ratio of the national average wage
                                                                                                                                                              comments.
                                                individuals is $1,170 for 2017.                         index for 2015 ($48,098.63) to that for


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                                                74860                       Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices

                                                SUMMARY:    The Office of the United                    magnesia, talc, tantalum, and tin                        The www.regulations.gov Web site
                                                States Trade Representative (USTR) is                   identified in the State Council Customs               allows users to provide comments by
                                                providing notice that the United States                 Tariff Commission Notice on Issuing the               filling in a ‘‘Type Comment’’ field, or by
                                                has requested the establishment of a                    2016 Tariff Adjustment Plan (State                    attaching a document using an ‘‘Upload
                                                dispute settlement panel under the                      Council Customs Tariff Commission,                    File’’ field. USTR prefers that comments
                                                Marrakesh Agreement Establishing the                    Shui Wei Hui [2015] No. 23, issued                    be provided in an attached document. If
                                                World Trade Organization (WTO                           December 4, 2015, effective January 1,                a document is attached, it is sufficient
                                                Agreement). That request may be found                   2016) and the Ministry of Commerce                    to type ‘‘See attached’’ in the ‘‘Type
                                                at www.wto.org in a document                            and General Administration of Customs                 Comment’’ field. USTR prefers
                                                designated as WT/DS508/6. USTR                          2015 Public Notice No. 76 on                          submissions in Microsoft Word (.doc) or
                                                invites written comments from the                       Announcing the 2016 Export Licensing                  Adobe Acrobat (.pdf). If the submission
                                                public concerning the issues raised in                  Management Commodities Catalogue                      is in an application other than those
                                                this dispute.                                           (Ministry of Commerce and General                     two, please indicate the name of the
                                                DATES: Although USTR will accept any                    Administration of Customs 2015 Public                 application in the ‘‘Type Comment’’
                                                comments received during the course of                  Notice No. 76, issued December 29,                    field.
                                                the dispute settlement proceedings, you                 2015, effective January 1, 2016).1 These                 Submit any comments containing
                                                should submit your comment on or                        export restrictions include export duties             business confidential information by fax
                                                before December 15, 2016, to be assured                 on the materials; quantitative                        to Sandy McKinzy at (202) 395–3640. A
                                                of timely consideration by USTR.                        restrictions such as quotas on the export             person requesting that information
                                                ADDRESSES: You should submit written                    of the materials; and additional                      contained in a comment be treated as
                                                comments through the Federal                            requirements that impose restrictions on              confidential business information must
                                                eRulemaking Portal: http://                             the trading rights of enterprises seeking             certify that s/he would not customarily
                                                                                                        to export various forms of the materials,             release the information to the public.
                                                www.regulations.gov, docket number
                                                                                                        such as prior export performance                      Any page containing business
                                                USTR–2016–0021. Follow the
                                                                                                        requirements.                                         confidential information must be clearly
                                                instructions for submitting comments in
                                                                                                          China’s export restraints appear to be              marked ‘‘BUSINESS CONFIDENTIAL’’
                                                section III below. For alternatives to on-
                                                                                                        inconsistent with Article XI:1 of the                 on the top and bottom of that page.
                                                line submissions, please contact Sandy
                                                                                                        General Agreement on Tariffs and Trade                Filers of submissions containing
                                                McKinzy at (202) 395–9483. If (as
                                                                                                        1994 (GATT 1994), Paragraphs 5.1 and                  business confidential information also
                                                explained below) the comment contains
                                                                                                        11.3 of Part I of the Protocol on the                 must submit a public version of their
                                                confidential information, then the
                                                                                                        Accession of the People’s Republic of                 comments electronically through
                                                comment should only be submitted by
                                                                                                        China (Accession Protocol), and                       regulations.gov. The non-confidential
                                                fax to Sandy McKinzy at (202) 395–                                                                            summary will be placed in the docket
                                                3640.                                                   Paragraph 1.2 of Part I of the Accession
                                                                                                        Protocol (which incorporates paragraphs               and will be open to public inspection.
                                                FOR FURTHER INFORMATION CONTACT:                                                                                 USTR may determine that information
                                                                                                        83, 84, 162, and 165 of the Working
                                                Katherine Wang, Assistant General                                                                             or advice contained in a comment, other
                                                                                                        Party Report on the Accession of China).
                                                Counsel, Katherine_E_Wang@                                                                                    than business confidential information,
                                                ustr.eop.gov, (202) 395–6214, or Leigh                  III. Public Comments: Requirements for                is confidential in accordance with
                                                Bacon, Senior Associate General                         Submissions                                           section 135(g)(2) of the Trade Act of
                                                Counsel, Leigh_Bacon@ustr.eop.gov,                         USTR invites written comments                      1974 (19 U.S.C. 2155(g)(2)). If a
                                                (202) 395–5859.                                         concerning the issues raised in this                  submitter believes that information or
                                                SUPPLEMENTARY INFORMATION:                                                                                    advice is confidential, s/he must clearly
                                                                                                        dispute. You should submit your
                                                                                                                                                              designate the information or advice as
                                                I. Background                                           comment electronically to
                                                                                                                                                              confidential and mark it as
                                                                                                        www.regulations.gov, docket number
                                                   Section 127(b)(1) of the Uruguay                                                                           ‘‘SUBMITTED IN CONFIDENCE’’ at the
                                                                                                        USTR–2016–0021. For alternatives to
                                                Round Agreements Act (URAA) (19                                                                               top and bottom of the cover page and
                                                                                                        electronic submissions, contact Sandy
                                                U.S.C. 3537(b)(1)) requires notice and                                                                        each succeeding page, and provide a
                                                                                                        McKinzy at (202) 395–9483.
                                                opportunity for comment after the                                                                             non-confidential summary of the
                                                                                                           To submit comments via
                                                United States submits or receives a                                                                           information or advice.
                                                                                                        www.regulations.gov, enter docket                        Pursuant to section 127(e) of the
                                                request for the establishment of a WTO
                                                                                                        number USTR–2016–0021 on the home                     URAA (19 U.S.C. 3537(e)), USTR will
                                                dispute settlement panel. Pursuant to
                                                                                                        page and click ‘‘search.’’ The site will              maintain a docket on this dispute
                                                this provision, USTR is providing notice
                                                                                                        provide a search-results page listing all             settlement proceeding, docket number
                                                that the United States has requested a
                                                                                                        documents associated with this docket.                USTR–2016–0021, accessible to the
                                                dispute settlement panel pursuant to the
                                                                                                        Find a reference to this notice by                    public at www.regulations.gov. The
                                                WTO Understanding on Rules
                                                                                                        selecting Notice under Document Type                  public file will include non-confidential
                                                Procedures Governing the Settlement of
                                                                                                        on the left side of the search-results                public comments USTR receives
                                                Disputes (DSU). Once the WTO
                                                                                                        page, and click on the link entitled                  regarding the dispute. If a dispute
                                                establishes a dispute settlement panel,
                                                                                                        ‘‘Comment Now!’’ For further                          settlement panel is convened, or in the
                                                the panel will hold its meetings in
                                                                                                        information on using the                              event of an appeal from a panel, USTR
                                                Geneva, Switzerland.
                                                                                                        www.regulations.gov Web site, please                  will make the following documents
                                                II. Major Issues Raised by the United                   consult the resources provided on the                 publicly available at www.ustr.gov: The
sradovich on DSK3GMQ082PROD with NOTICES




                                                States                                                  Web site by clicking on ‘‘How to Use                  U.S. submissions and any non-
                                                   On October 13, 2016, the United                      Regulations.gov’’ on the bottom of the                confidential summaries of submissions
                                                States requested the establishment of a                 home page.                                            received from other participants in the
                                                WTO dispute settlement panel regarding                    1 The forms of these materials subject to export
                                                                                                                                                              dispute. If a dispute settlement panel is
                                                China’s restrictions on the export of                   duties and quotas include, but are not limited to,
                                                                                                                                                              convened, or in the event of an appeal
                                                various forms of antimony, chromium,                    the items falling under the Chinese Customs           from a panel, the report of the panel,
                                                cobalt, copper, graphite, indium, lead,                 Commodity Codes listed in the panel request.          and, if applicable, the report of the


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                                                                            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices                                           74861

                                                Appellate Body, will also be available                  personal information the commenter                    terms and conditions. The exemption
                                                on the Web site of the World Trade                      provides, to www.regulations.gov, as                  may be renewed (49 CFR 381.300(b)).
                                                Organization, at www.wto.org.                           described in the system of records
                                                                                                                                                              III. Request for Exemption
                                                                                                        notice (DOT/ALL–14 FDMS), which can
                                                Juan A. Millán,                                                                                                 The Missouri DOR requested an
                                                                                                        be reviewed at www.dot.gov/privacy.
                                                Acting Assistant U.S. Trade Representative                                                                    exemption from 49 CFR 383.71(a)(2)(ii),
                                                for Monitoring and Enforcement, Office of               FOR FURTHER INFORMATION CONTACT: For
                                                                                                        information concerning this notice,                   which requires any person applying for
                                                the U.S. Trade Representative.
                                                                                                        contact Mr. Tom Yager, Chief, FMCSA                   a Commercial Learner’s Permit (CLP) on
                                                [FR Doc. 2016–25990 Filed 10–26–16; 8:45 am]                                                                  or after July 8, 2015, to have taken and
                                                                                                        Driver and Carrier Operations Division;
                                                BILLING CODE 3290–F7–P
                                                                                                        Office of Carrier, Driver and Vehicle                 passed a general knowledge test that
                                                                                                        Safety Standards; Telephone: 614–942–                 meets the Federal standards contained
                                                                                                        6477. Email: MCPSD@dot.gov. If you                    in subparts F, G and H of 49 CFR part
                                                DEPARTMENT OF TRANSPORTATION                                                                                  383 for the commercial vehicle group
                                                                                                        have questions on viewing or submitting
                                                                                                        material to the docket, contact Docket                that person operates or expects to
                                                Federal Motor Carrier Safety                                                                                  operate. The Missouri DOR requested an
                                                Administration                                          Services, telephone (202) 366–9826.
                                                                                                                                                              exemption from the knowledge test
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                [Docket No. FMCSA–2016–0130]                                                                                  requirements for trained military truck
                                                                                                        I. Public Participation                               drivers, in effect giving designated
                                                Commercial Driver’s License:                                                                                  drivers credit for military training and
                                                Application for Exemption; Missouri                     Viewing Comments and Documents
                                                                                                                                                              experience.
                                                Department of Revenue (DOR)                                To view comments, as well as                          The Missouri DOR provided a number
                                                                                                        documents mentioned in this preamble                  of reasons for its application. It
                                                AGENCY:  Federal Motor Carrier Safety                   as being available in the docket, go to               contends that qualified veterans who
                                                Administration (FMCSA), DOT.                            www.regulations.gov and insert the                    completed military heavy-vehicle driver
                                                ACTION: Notice of final disposition; grant              docket number, ‘‘FMCSA–2016–0130’’                    training programs have already received
                                                of application for exemption.                           in the ‘‘Keyword’’ box, and click                     numerous hours of classroom training,
                                                SUMMARY:   FMCSA announces its                          ‘‘Search.’’ Next, click the ‘‘Open Docket             practical skills training, and one-on-one
                                                decision to grant a limited exemption to                Folder’’ button and choose the                        road training that are essential for safe
                                                the Missouri Department of Revenue                      document to review. If you do not have                driving. Other reasons for their request
                                                (DOR), Driver’s License Bureau, and, at                 access to the Internet, you may view the              included:
                                                their option, all other State driver                    docket online by visiting the Docket                     • The hours of training in these
                                                licensing agencies (SDLAs), from the                    Management Facility in Room W12–140                   military programs exceeds hours
                                                commercial driver’s license (CDL)                       on the ground floor of the DOT West                   required by FMCSA’s proposed entry-
                                                regulations. These regulations require a                Building, 1200 New Jersey Avenue SE.,                 level driver training rule. The skill level
                                                driver to pass the general knowledge                    Washington, DC 20590, between 9 a.m.                  required by military courses is
                                                test before being issued a Commercial                   and 5 p.m., e.t., Monday through Friday,              comparable to that needed to pass the
                                                Learner’s Permit (CLP). The Missouri                    except Federal holidays.                              American Association of Motor Vehicle
                                                DOR requested an exemption from the                     II. Legal Basis                                       Administrators (AAMVA) 2005 CDL
                                                knowledge test requirement for                                                                                Test Model (amended 2010);
                                                qualified current or former military
                                                                                                           FMCSA has authority under 49 U.S.C.                   • Military personnel who complete
                                                                                                        31136(e) and 31315 to grant exemptions                specialized driver training are assigned
                                                personnel who participated in training                  from the Federal Motor Carrier Safety
                                                in military heavy-vehicle driving                                                                             duties where their driving skills are
                                                                                                        Regulations. FMCSA must publish a                     applied and used on a frequent basis, an
                                                programs. The Missouri DOR contends                     notice of each exemption request in the
                                                that qualified personnel who                                                                                  obvious asset in civilian life; and
                                                participated in such training have
                                                                                                        Federal Register (49 CFR 381.315(a)).                    • The trucking industry predicts a
                                                                                                        The Agency must provide the public an                 growing shortage of new drivers.
                                                already received numerous hours of                      opportunity to inspect the information
                                                classroom training, practical skills                                                                          Providing this incentive will helpfully
                                                                                                        relevant to the application, including                assist trained military truck drivers’
                                                training, and one-on-one road training                  any safety analyses that have been
                                                that are essential for safe driving.                                                                          transition into civilian jobs.
                                                                                                        conducted. The Agency must also
                                                DATES: The exemption is effective from                  provide an opportunity for public                     IV. Public Comments
                                                October 27, 2016 through October 29,                    comment on the request.                                  On April 20, 2016, FMCSA published
                                                2018.                                                      The Agency reviews safety analyses                 notice of this application and requested
                                                ADDRESSES: Docket: For access to the                    and the public comments, and                          public comments (81 FR 23349). The
                                                docket to read background documents                     determines whether granting the                       Minnesota Department of Motor Vehicle
                                                or comments, go to www.regulations.gov                  exemption would likely achieve a level                Safety, the North Dakota Department of
                                                at any time or visit Room W12–140 on                    of safety equivalent to, or greater than,             Transportation, and the Advocates for
                                                the ground level of the West Building,                  the level that would be achieved by the               Highway and Auto Safety (Advocates)
                                                1200 New Jersey Avenue SE.,                             current regulation (49 CFR 381.305).                  filed comments opposing the
                                                Washington, DC, between 9 a.m. and 5                    The decision of the Agency must be                    exemption. The North Dakota
                                                p.m., ET, Monday through Friday,                        published in the Federal Register (49                 Department of Transportation stated
                                                                                                        CFR 381.315(b)) with the reason for the               that the exemption should not be
sradovich on DSK3GMQ082PROD with NOTICES




                                                except Federal holidays. The on-line
                                                FDMS is available 24 hours each day,                    grant or denial, and, if granted, the                 granted until there are assurances that
                                                365 days each year.                                     specific person or class of persons                   military training in lieu of the State
                                                   Privacy Act: In accordance with 5                    receiving the exemption, and the                      knowledge test meets the requirements
                                                U.S.C. 553(c), DOT solicits comments                    regulatory provision or provisions from               in 49 CFR 383.111, Required
                                                from the public to better inform its                    which the exemption is granted. The                   knowledge. The Minnesota Department
                                                rulemaking process. DOT posts these                     notice must also specify the effective                of Motor Vehicle Safety suggested that,
                                                comments, without edit, including any                   period of the exemption, and explain its              in lieu of granting this exemption


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Document Created: 2016-10-27 01:52:11
Document Modified: 2016-10-27 01:52:11
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 with request for comments.
DatesAlthough USTR will accept any comments received during the course of the dispute settlement proceedings, you should submit your comment on or before December 15, 2016, to be assured of timely consideration by USTR.
ContactKatherine Wang, Assistant General Counsel, [email protected], (202) 395-6214, or Leigh Bacon, Senior Associate General Counsel, [email protected], (202) 395- 5859.
FR Citation81 FR 74859 

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