82_FR_40376 82 FR 40213 - Initiation of Section 301 Investigation; Hearing; and Request for Public Comments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

82 FR 40213 - Initiation of Section 301 Investigation; Hearing; and Request for Public Comments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40213-40215
FR Document2017-17931

The United States Trade Representative has initiated an investigation pursuant to the Trade Act of 1974, as amended (the Trade Act), to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are actionable under the Trade Act. The inter- agency Section 301 Committee is holding a public hearing and seeking comments in connection with this investigation.

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40213-40215]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17931]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2017-0016]


Initiation of Section 301 Investigation; Hearing; and Request for 
Public Comments: China's Acts, Policies, and Practices Related to 
Technology Transfer, Intellectual Property, and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of initiation of investigation; hearing; and request for 
comments.

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

SUMMARY: The United States Trade Representative has initiated an 
investigation pursuant to the Trade Act of 1974, as amended (the Trade 
Act), to determine whether acts, policies, and practices of the 
Government of China related to technology transfer, intellectual 
property, and innovation are actionable under the Trade Act. The inter-
agency Section 301 Committee is holding a public hearing and seeking 
comments in connection with this investigation.

DATES: The United States Trade Representative initiated the 
investigation on August 18, 2017. The schedule and due dates are as 
follows:
    To be assured of consideration, written comments and requests to 
appear at the hearing must be submitted by Thursday, September 28, 2017 
at 11:59 p.m. The request to appear must include a summary of 
testimony.
    Tuesday, October 10, 2017: The Section 301 Committee will convene a 
public hearing in the main hearing room of the U.S. International Trade 
Commission, 500 E Street SW., Washington, DC 20436, beginning at 9:30 
a.m. If necessary, the hearing may continue on the next business day.
    To be assured of consideration, post-hearing rebuttal comments must 
be submitted by Friday, October 20, 2017 at 11:59 p.m.

ADDRESSES: You should submit written comments through the Federal 
eRulemaking Portal: http://www.regulations.gov. Follow the instructions 
for submitting comments in section II below. For alternatives to on-
line submissions, please contact Gwendolyn Diggs at (202) 395-3150 
before transmitting a comment and in advance of the relevant deadline.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
written comments or participating in the public hearing, contact 
Gwendolyn Diggs at (202) 395-3150. Direct all other questions regarding 
this notice to William Busis, Deputy Assistant U.S. Trade 
Representative for Monitoring and Enforcement and Chair of the Section 
301 Committee, or Katherine Linton and Arthur Tsao, Assistant General 
Counsels at (202) 395-3150.

SUPPLEMENTARY INFORMATION

A. The President's Memorandum

    On August 14, 2017, the President issued a Memorandum (82 FR 39007) 
to the United States Trade Representative stating inter alia:

    China has implemented laws, policies, and practices and has 
taken actions related to intellectual property, innovation, and 
technology that may encourage or require the transfer of American 
technology and intellectual property to enterprises in China or that 
may otherwise negatively affect American economic interests. These 
laws, policies, practices, and actions may inhibit United States 
exports, deprive United States citizens of fair remuneration for 
their innovations, divert American jobs to workers in China, 
contribute to our trade deficit with China, and otherwise undermine 
American manufacturing, services, and innovation.

    The Memorandum included the following instruction:

    The United States Trade Representative shall determine, 
consistent with section 302(b) of the Trade Act of 1974 (19 U.S.C. 
2412(b)), whether to investigate any of China's laws, policies, 
practices, or actions that may be unreasonable or discriminatory and 
that may be harming American intellectual property rights, 
innovation, or technology development.

    Pursuant to the President's Memorandum, on August 18, 2017, the 
United States Trade Representative initiated an investigation under 
section 302(b) of the Trade Act (19 U.S.C. 2412(b)) to determine 
whether acts, policies, and practices of the Government of China 
related to technology transfer, intellectual property, and innovation 
are unreasonable or discriminatory and burden or restrict U.S. 
commerce.

B. The Chinese Government's Acts, Policies and Practices

    The acts, policies and practices of the Government of China 
directed at the transfer of U.S. and other foreign technologies and 
intellectual property are an important element of China's strategy to 
become a leader in a number of industries, including advanced-
technology industries, as reflected in China's ``Made in China 2025'' 
industrial plan, and other similar industrial policy initiatives. The 
Chinese government's acts, policies, and practices take many forms. The 
investigation initially will consider the following specific types of 
conduct:
    First, the Chinese government reportedly uses a variety of tools, 
including opaque and discretionary administrative approval processes, 
joint venture requirements, foreign equity limitations, procurements, 
and other mechanisms to regulate or intervene in U.S. companies' 
operations in China, in order to require or pressure the transfer of 
technologies and intellectual property to Chinese companies. Moreover, 
many U.S. companies report facing vague and unwritten rules, as well as 
local rules that diverge from national ones, which are applied in a 
selective and non-transparent manner by Chinese government officials to 
pressure technology transfer.
    Second, the Chinese government's acts, policies and practices 
reportedly deprive U.S. companies of the ability to set market-based 
terms in licensing and other technology-related negotiations with 
Chinese companies and undermine U.S. companies' control over their 
technology in China. For example, the Regulations on Technology Import 
and Export Administration mandate particular terms for indemnities and 
ownership of technology improvements for imported technology, and other 
measures also impose non-market terms in licensing and technology 
contracts.
    Third, the Chinese government reportedly directs and/or unfairly 
facilitates the systematic investment in, and/or acquisition of, U.S. 
companies and assets by Chinese companies to obtain cutting-edge 
technologies and

[[Page 40214]]

intellectual property and generate large-scale technology transfer in 
industries deemed important by Chinese government industrial plans.
    Fourth, the investigation will consider whether the Chinese 
government is conducting or supporting unauthorized intrusions into 
U.S. commercial computer networks or cyber-enabled theft of 
intellectual property, trade secrets, or confidential business 
information, and whether this conduct harms U.S. companies or provides 
competitive advantages to Chinese companies or commercial sectors.
    In addition to these four types of conduct, interested parties may 
submit for consideration information on other acts, policies and 
practices of China relating to technology transfer, intellectual 
property, and innovation described in the President's Memorandum that 
might be included in this investigation, and/or might be addressed 
through other applicable mechanisms.

C. Relevant Provisions of the Trade Act

    Section 302(b)(1)(A) of the Trade Act authorizes the United States 
Trade Representative to initiate an investigation to determine whether 
conduct is actionable under section 301 of the Trade Act.
    Actionable conduct under section 301(b)(1) includes, inter alia, 
acts, policies and practices of a foreign country that are unreasonable 
or discriminatory and burden or restrict U.S. commerce. Unreasonable 
actions are those that while not necessarily in violation of, or 
inconsistent with, the international legal rights of the United States 
are otherwise unfair and inequitable.
    Pursuant to section 302(b)(1)(B), the United States Trade 
Representative has consulted with appropriate advisory committees. The 
United States Trade Representative also has consulted with members of 
the inter-agency Section 301 Committee. On the date of initiation, the 
United States Trade Representative requested consultations with the 
Government of China concerning the issues under investigation, pursuant 
to section 303(a)(1) of the Trade Act (19 U.S.C. 2413(a)(1)).
    Pursuant to section 304(a)(2)(B) of the Trade Act, 19 U.S.C. 
2414(a)(2)(B), the United States Trade Representative must determine 
within 12 months from the date of initiation of the investigation 
whether any act, policy, or practice described in section 301 of the 
Trade Acts exists and, if that determination is affirmative, what 
action, if any, to take.

II. Request for Comments and To Testify at the Hearing

A. Topics and Schedule

    The Office of the U.S. Trade Representative (USTR) invites written 
comments on:
    1. The acts, policies, and practices of the Chinese government 
described in Section I.B above.
    2. Information on other acts, policies and practices of China 
relating to technology transfer, intellectual property, and innovation 
as described in the President's Memorandum, which might be included in 
this investigation, and/or might be addressed through other applicable 
mechanisms.
    3. The nature and level of burden or restriction on U.S. commerce 
caused by the applicable acts, policies and practices of the Government 
of China, and/or any economic assessment of that burden or restriction.
    4. The determinations required under section 304 of the Trade Act, 
that is, whether actionable conduct exists under section 301(b) and 
what action, if any, should be taken.
    To be assured of consideration, USTR must receive initial written 
comments by 11:59 p.m. on September 28, 2017, in accordance with the 
instructions in section II.B below.
    The Section 301 Committee will convene a public hearing in the main 
hearing room of the U.S. International Trade Commission, 500 E Street 
SW., Washington DC 20436, beginning at 9:30 a.m. on October 10, 2017. 
Persons wishing to appear at the hearing must provide written 
notification of their intention and a summary of the proposed testimony 
by 11:59 p.m. on September 28, 2017, in accordance with the 
instructions in section II.B below. Remarks at the hearing may be no 
longer than five minutes to allow for possible questions from the 
Section 301 Committee. The deadline for submission of post-hearing 
rebuttal comments is 11:59 p.m. on October 20, 2017.
    Indicate in the ``Type Comment'' field if you are submitting a 
request to appear at the hearing, and include the name, address and 
telephone number of the person presenting the testimony. A summary of 
the testimony should be attached by using the ``Upload File'' field. 
The file name should include the name of the person who will be 
presenting the testimony.

B. Requirements for Submissions

    Persons submitting a notification of intent to testify, a summary 
of testimony, or written comments must do so in English, and must 
identify this matter (on the reference line of the first page of the 
submission) as ``Section 301 Investigation: China's Acts, Policies, and 
Practices Related to Technology Transfer, Intellectual Property, and 
Innovation.''
    To be assured of consideration, you must submit written comments, 
requests to testify, and summaries of testimony by 11:59 p.m. on 
September 28, 2017. The deadline for submitting rebuttal comments is 
11:59 p.m. on October 20, 2017.
    All submissions must be in English and sent electronically via 
www.regulations.gov using docket number USTR-2017-0016. You must make 
any alternative arrangements in advance of the relevant deadline and 
before transmitting a comment by contacting Gwendolyn Diggs at (202) 
395-3150.
    To make a submission via www.regulations.gov, enter Docket Number 
USTR-2017-0016 on the home page and click ``Search.'' The site will 
provide a search-results page listing all documents associated with 
this docket. Find the reference to this notice and click on the button 
labeled ``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 you provide 
submissions as 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) 
format. If the submission is in another file format, please indicate 
the name of the software application in the ``Type Comment'' field. 
File names should reflect the name of the person or entity submitting 
the comments.
    Indicate in the ``Type Comment'' field if you are submitting a 
request to appear at the hearing, and include the name, address and 
telephone number of the person presenting the testimony. The file name 
should include who will be presenting the testimony.
    Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the comment itself, rather than submitting them as 
separate files.

[[Page 40215]]

    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page and the submission should 
clearly indicate, via brackets, highlighting, or other means, the 
specific information that is business confidential. If you request 
business confidential treatment, you must certify that the information 
is business confidential and would not customarily be released to the 
public. Filers of submissions containing business confidential 
information also must submit a public version of their comments. The 
file name of the public version should begin with the character ``P''. 
The ``BC'' and ``P'' should be followed by the name of the person or 
entity submitting the comments or rebuttal comments. If these 
procedures are not sufficient to protect business confidential 
information or otherwise protect business interests, please contact 
Katherine Linton at 202-395-3150 to discuss whether alternative 
arrangements are possible.
    We will post comments in the docket for public inspection, except 
business confidential information. You can view comments on the https://www.regulations.gov Web site by entering docket number USTR-2017-0016 
in the search field on the home page.

William L. Busis,
Chair, Section 301 Committee, Office of the United States Trade 
Representative.
[FR Doc. 2017-17931 Filed 8-23-17; 8:45 am]
 BILLING CODE 3290-F7-P



                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices                                           40213

                                               ADDRESSES:   Submit completed loan                      11:59 p.m. The request to appear must                   Pursuant to the President’s
                                               applications to: U.S. Small Business                    include a summary of testimony.                       Memorandum, on August 18, 2017, the
                                               Administration, Processing And                             Tuesday, October 10, 2017: The                     United States Trade Representative
                                               Disbursement Center, 14925 Kingsport                    Section 301 Committee will convene a                  initiated an investigation under section
                                               Road, Fort Worth, TX 76155.                             public hearing in the main hearing room               302(b) of the Trade Act (19 U.S.C.
                                               FOR FURTHER INFORMATION CONTACT: A.                     of the U.S. International Trade                       2412(b)) to determine whether acts,
                                               Escobar, Office of Disaster Assistance,                 Commission, 500 E Street SW.,                         policies, and practices of the
                                               U.S. Small Business Administration,                     Washington, DC 20436, beginning at                    Government of China related to
                                               409 3rd Street SW., Suite 6050,                         9:30 a.m. If necessary, the hearing may               technology transfer, intellectual
                                               Washington, DC 20416, (202) 205–6734.                   continue on the next business day.                    property, and innovation are
                                                                                                          To be assured of consideration, post-              unreasonable or discriminatory and
                                               SUPPLEMENTARY INFORMATION: The notice
                                                                                                       hearing rebuttal comments must be                     burden or restrict U.S. commerce.
                                               of an Administrative declaration for the
                                               State of CALIFORNIA, dated 07/31/                       submitted by Friday, October 20, 2017                 B. The Chinese Government’s Acts,
                                               2017, is hereby amended to establish the                at 11:59 p.m.                                         Policies and Practices
                                               incident closing date as 08/01/2017.                    ADDRESSES: You should submit written
                                                                                                                                                                The acts, policies and practices of the
                                                 Incident: Detwiler Fire.                              comments through the Federal
                                                                                                                                                             Government of China directed at the
                                                 Incident Period: 07/16/2017 through                   eRulemaking Portal: http://
                                                                                                                                                             transfer of U.S. and other foreign
                                               08/01/2017.                                             www.regulations.gov. Follow the
                                                                                                                                                             technologies and intellectual property
                                                 All other information in the original                 instructions for submitting comments in
                                                                                                                                                             are an important element of China’s
                                               declaration remains unchanged.                          section II below. For alternatives to on-
                                                                                                                                                             strategy to become a leader in a number
                                                                                                       line submissions, please contact
                                               (Catalog of Federal Domestic Assistance                                                                       of industries, including advanced-
                                                                                                       Gwendolyn Diggs at (202) 395–3150
                                               Number 59008)                                                                                                 technology industries, as reflected in
                                                                                                       before transmitting a comment and in
                                                                                                                                                             China’s ‘‘Made in China 2025’’
                                               Linda E. McMahon,                                       advance of the relevant deadline.
                                                                                                                                                             industrial plan, and other similar
                                               Administrator.                                          FOR FURTHER INFORMATION CONTACT: For                  industrial policy initiatives. The
                                               [FR Doc. 2017–17915 Filed 8–23–17; 8:45 am]             procedural questions concerning written               Chinese government’s acts, policies, and
                                               BILLING CODE 8025–01–P                                  comments or participating in the public               practices take many forms. The
                                                                                                       hearing, contact Gwendolyn Diggs at                   investigation initially will consider the
                                                                                                       (202) 395–3150. Direct all other                      following specific types of conduct:
                                               OFFICE OF THE UNITED STATES                             questions regarding this notice to                       First, the Chinese government
                                               TRADE REPRESENTATIVE                                    William Busis, Deputy Assistant U.S.                  reportedly uses a variety of tools,
                                                                                                       Trade Representative for Monitoring                   including opaque and discretionary
                                               [Docket No. USTR–2017–0016]                             and Enforcement and Chair of the                      administrative approval processes, joint
                                                                                                       Section 301 Committee, or Katherine                   venture requirements, foreign equity
                                               Initiation of Section 301 Investigation;                Linton and Arthur Tsao, Assistant                     limitations, procurements, and other
                                               Hearing; and Request for Public                         General Counsels at (202) 395–3150.                   mechanisms to regulate or intervene in
                                               Comments: China’s Acts, Policies, and                   SUPPLEMENTARY INFORMATION                             U.S. companies’ operations in China, in
                                               Practices Related to Technology                                                                               order to require or pressure the transfer
                                               Transfer, Intellectual Property, and                    A. The President’s Memorandum                         of technologies and intellectual property
                                               Innovation                                                 On August 14, 2017, the President                  to Chinese companies. Moreover, many
                                                                                                       issued a Memorandum (82 FR 39007) to                  U.S. companies report facing vague and
                                               AGENCY:  Office of the United States
                                                                                                       the United States Trade Representative                unwritten rules, as well as local rules
                                               Trade Representative.
                                                                                                       stating inter alia:                                   that diverge from national ones, which
                                               ACTION: Notice of initiation of                                                                               are applied in a selective and non-
                                               investigation; hearing; and request for                    China has implemented laws, policies, and
                                                                                                       practices and has taken actions related to            transparent manner by Chinese
                                               comments.                                               intellectual property, innovation, and                government officials to pressure
                                               SUMMARY:   The United States Trade                      technology that may encourage or require the          technology transfer.
                                                                                                       transfer of American technology and                      Second, the Chinese government’s
                                               Representative has initiated an                         intellectual property to enterprises in China         acts, policies and practices reportedly
                                               investigation pursuant to the Trade Act                 or that may otherwise negatively affect               deprive U.S. companies of the ability to
                                               of 1974, as amended (the Trade Act), to                 American economic interests. These laws,              set market-based terms in licensing and
                                               determine whether acts, policies, and                   policies, practices, and actions may inhibit          other technology-related negotiations
                                               practices of the Government of China                    United States exports, deprive United States
                                                                                                       citizens of fair remuneration for their
                                                                                                                                                             with Chinese companies and undermine
                                               related to technology transfer,
                                                                                                       innovations, divert American jobs to workers          U.S. companies’ control over their
                                               intellectual property, and innovation are
                                                                                                       in China, contribute to our trade deficit with        technology in China. For example, the
                                               actionable under the Trade Act. The
                                                                                                       China, and otherwise undermine American               Regulations on Technology Import and
                                               inter-agency Section 301 Committee is
                                                                                                       manufacturing, services, and innovation.              Export Administration mandate
                                               holding a public hearing and seeking
                                                                                                         The Memorandum included the                         particular terms for indemnities and
                                               comments in connection with this
                                                                                                       following instruction:                                ownership of technology improvements
                                               investigation.
                                                                                                                                                             for imported technology, and other
                                               DATES: The United States Trade                            The United States Trade Representative              measures also impose non-market terms
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                                               Representative initiated the                            shall determine, consistent with section              in licensing and technology contracts.
                                               investigation on August 18, 2017. The                   302(b) of the Trade Act of 1974 (19 U.S.C.               Third, the Chinese government
                                                                                                       2412(b)), whether to investigate any of
                                               schedule and due dates are as follows:                  China’s laws, policies, practices, or actions
                                                                                                                                                             reportedly directs and/or unfairly
                                                 To be assured of consideration,                       that may be unreasonable or discriminatory            facilitates the systematic investment in,
                                               written comments and requests to                        and that may be harming American                      and/or acquisition of, U.S. companies
                                               appear at the hearing must be submitted                 intellectual property rights, innovation, or          and assets by Chinese companies to
                                               by Thursday, September 28, 2017 at                      technology development.                               obtain cutting-edge technologies and


                                          VerDate Sep<11>2014   15:29 Aug 23, 2017   Jkt 241001   PO 00000   Frm 00084   Fmt 4703   Sfmt 4703   E:\FR\FM\24AUN1.SGM   24AUN1


                                               40214                       Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices

                                               intellectual property and generate large-               II. Request for Comments and To                       page of the submission) as ‘‘Section 301
                                               scale technology transfer in industries                 Testify at the Hearing                                Investigation: China’s Acts, Policies,
                                               deemed important by Chinese                                                                                   and Practices Related to Technology
                                                                                                       A. Topics and Schedule
                                               government industrial plans.                                                                                  Transfer, Intellectual Property, and
                                                 Fourth, the investigation will consider                  The Office of the U.S. Trade                       Innovation.’’
                                               whether the Chinese government is                       Representative (USTR) invites written                    To be assured of consideration, you
                                               conducting or supporting unauthorized                   comments on:                                          must submit written comments, requests
                                                                                                          1. The acts, policies, and practices of            to testify, and summaries of testimony
                                               intrusions into U.S. commercial
                                                                                                       the Chinese government described in                   by 11:59 p.m. on September 28, 2017.
                                               computer networks or cyber-enabled
                                                                                                       Section I.B above.                                    The deadline for submitting rebuttal
                                               theft of intellectual property, trade
                                                                                                          2. Information on other acts, policies             comments is 11:59 p.m. on October 20,
                                               secrets, or confidential business
                                                                                                       and practices of China relating to                    2017.
                                               information, and whether this conduct
                                                                                                       technology transfer, intellectual                        All submissions must be in English
                                               harms U.S. companies or provides
                                                                                                       property, and innovation as described in              and sent electronically via
                                               competitive advantages to Chinese
                                                                                                       the President’s Memorandum, which                     www.regulations.gov using docket
                                               companies or commercial sectors.
                                                                                                       might be included in this investigation,              number USTR–2017–0016. You must
                                                 In addition to these four types of                    and/or might be addressed through
                                               conduct, interested parties may submit                                                                        make any alternative arrangements in
                                                                                                       other applicable mechanisms.                          advance of the relevant deadline and
                                               for consideration information on other                     3. The nature and level of burden or
                                               acts, policies and practices of China                                                                         before transmitting a comment by
                                                                                                       restriction on U.S. commerce caused by
                                               relating to technology transfer,                                                                              contacting Gwendolyn Diggs at (202)
                                                                                                       the applicable acts, policies and
                                               intellectual property, and innovation                                                                         395–3150.
                                                                                                       practices of the Government of China,
                                               described in the President’s                                                                                     To make a submission via
                                                                                                       and/or any economic assessment of that
                                               Memorandum that might be included in                                                                          www.regulations.gov, enter Docket
                                                                                                       burden or restriction.
                                               this investigation, and/or might be                        4. The determinations required under               Number USTR–2017–0016 on the home
                                               addressed through other applicable                      section 304 of the Trade Act, that is,                page and click ‘‘Search.’’ The site will
                                               mechanisms.                                             whether actionable conduct exists under               provide a search-results page listing all
                                                                                                       section 301(b) and what action, if any,               documents associated with this docket.
                                               C. Relevant Provisions of the Trade Act                                                                       Find the reference to this notice and
                                                                                                       should be taken.
                                                                                                          To be assured of consideration, USTR               click on the button labeled ‘‘Comment
                                                  Section 302(b)(1)(A) of the Trade Act
                                                                                                       must receive initial written comments                 Now.’’ For further information on using
                                               authorizes the United States Trade
                                                                                                       by 11:59 p.m. on September 28, 2017, in               the www.regulations.gov Web site,
                                               Representative to initiate an
                                                                                                       accordance with the instructions in                   please consult the resources provided
                                               investigation to determine whether
                                                                                                       section II.B below.                                   on the Web site by clicking on ‘‘How to
                                               conduct is actionable under section 301
                                                                                                          The Section 301 Committee will                     Use Regulations.gov’’ on the bottom of
                                               of the Trade Act.
                                                                                                       convene a public hearing in the main                  the home page.
                                                  Actionable conduct under section                                                                              The www.regulations.gov Web site
                                               301(b)(1) includes, inter alia, acts,                   hearing room of the U.S. International
                                                                                                       Trade Commission, 500 E Street SW.,                   allows users to provide comments by
                                               policies and practices of a foreign                                                                           filling in a ‘‘Type Comment’’ field, or by
                                               country that are unreasonable or                        Washington DC 20436, beginning at 9:30
                                                                                                       a.m. on October 10, 2017. Persons                     attaching a document using an ‘‘Upload
                                               discriminatory and burden or restrict                                                                         File’’ field. USTR prefers that you
                                               U.S. commerce. Unreasonable actions                     wishing to appear at the hearing must
                                                                                                       provide written notification of their                 provide submissions as an attached
                                               are those that while not necessarily in                                                                       document. If a document is attached, it
                                               violation of, or inconsistent with, the                 intention and a summary of the
                                                                                                       proposed testimony by 11:59 p.m. on                   is sufficient to type ‘‘see attached’’ in
                                               international legal rights of the United                                                                      the ‘‘Type Comment’’ field. USTR
                                               States are otherwise unfair and                         September 28, 2017, in accordance with
                                                                                                       the instructions in section II.B below.               prefers submissions in Microsoft Word
                                               inequitable.                                                                                                  (.doc) or Adobe Acrobat (.pdf) format. If
                                                                                                       Remarks at the hearing may be no longer
                                                  Pursuant to section 302(b)(1)(B), the                than five minutes to allow for possible               the submission is in another file format,
                                               United States Trade Representative has                  questions from the Section 301                        please indicate the name of the software
                                               consulted with appropriate advisory                     Committee. The deadline for submission                application in the ‘‘Type Comment’’
                                               committees. The United States Trade                     of post-hearing rebuttal comments is                  field. File names should reflect the
                                               Representative also has consulted with                  11:59 p.m. on October 20, 2017.                       name of the person or entity submitting
                                               members of the inter-agency Section 301                    Indicate in the ‘‘Type Comment’’ field             the comments.
                                               Committee. On the date of initiation, the               if you are submitting a request to appear                Indicate in the ‘‘Type Comment’’ field
                                               United States Trade Representative                      at the hearing, and include the name,                 if you are submitting a request to appear
                                               requested consultations with the                        address and telephone number of the                   at the hearing, and include the name,
                                               Government of China concerning the                      person presenting the testimony. A                    address and telephone number of the
                                               issues under investigation, pursuant to                 summary of the testimony should be                    person presenting the testimony. The
                                               section 303(a)(1) of the Trade Act (19                  attached by using the ‘‘Upload File’’                 file name should include who will be
                                               U.S.C. 2413(a)(1)).                                     field. The file name should include the               presenting the testimony.
                                                  Pursuant to section 304(a)(2)(B) of the              name of the person who will be                           Please do not attach separate cover
                                               Trade Act, 19 U.S.C. 2414(a)(2)(B), the                 presenting the testimony.                             letters to electronic submissions; rather,
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                                               United States Trade Representative                                                                            include any information that might
                                               must determine within 12 months from                    B. Requirements for Submissions                       appear in a cover letter in the comments
                                               the date of initiation of the investigation               Persons submitting a notification of                themselves. Similarly, to the extent
                                               whether any act, policy, or practice                    intent to testify, a summary of                       possible, please include any exhibits,
                                               described in section 301 of the Trade                   testimony, or written comments must do                annexes, or other attachments in the
                                               Acts exists and, if that determination is               so in English, and must identify this                 same file as the comment itself, rather
                                               affirmative, what action, if any, to take.              matter (on the reference line of the first            than submitting them as separate files.


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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices                                            40215

                                                  For any comments submitted                           vehicle (CMV) in interstate commerce. If              Department of Transportation, 1200
                                               electronically containing business                      granted, the exemptions would enable                  New Jersey Avenue SE., Room W64–
                                               confidential information, the file name                 these individuals with ITDM to operate                224, Washington, DC 20590–0001.
                                               of the business confidential version                    CMVs in interstate commerce.                          Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                               should begin with the characters ‘‘BC’’.                DATES: Comments must be received on                   Monday through Friday, except Federal
                                               Any page containing business                            or before September 25, 2017.                         holidays. If you have questions
                                               confidential information must be clearly                ADDRESSES: You may submit comments                    regarding viewing or submitting
                                               marked ‘‘BUSINESS CONFIDENTIAL’’                        bearing the Federal Docket Management                 material to the docket, contact Docket
                                               on the top of that page and the                         System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                               submission should clearly indicate, via                 2017–0042 using any of the following                  SUPPLEMENTARY INFORMATION:
                                               brackets, highlighting, or other means,                 methods:                                              I. Background
                                               the specific information that is business                  • Federal eRulemaking Portal: Go to
                                               confidential. If you request business                   http://www.regulations.gov. Follow the                   Under 49 U.S.C. 31136(e) and 31315,
                                               confidential treatment, you must certify                online instructions for submitting                    FMCSA may grant an exemption from
                                               that the information is business                        comments.                                             the FMCSRs for a two-year period if it
                                               confidential and would not customarily                     • Mail: Docket Management Facility;                finds ‘‘such exemption would likely
                                               be released to the public. Filers of                    U.S. Department of Transportation, 1200               achieve a level of safety that is
                                               submissions containing business                         New Jersey Avenue SE., West Building                  equivalent to or greater than the level
                                               confidential information also must                      Ground Floor, Room W12–140,                           that would be achieved absent such
                                               submit a public version of their                        Washington, DC 20590–0001.                            exemption.’’ The statute also allows the
                                               comments. The file name of the public                      • Hand Delivery: West Building                     Agency to renew exemptions at the end
                                               version should begin with the character                 Ground Floor, Room W12–140, 1200                      of the two-year period.
                                               ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be                   New Jersey Avenue SE., Washington,                       The 43 individuals listed in this
                                               followed by the name of the person or                   DC, between 9 a.m. and 5 p.m., e.t.,                  notice have requested an exemption
                                               entity submitting the comments or                       Monday through Friday, except Federal                 from the diabetes prohibition in 49 CFR
                                               rebuttal comments. If these procedures                                                                        391.41(b)(3). Accordingly, the Agency
                                                                                                       holidays.
                                               are not sufficient to protect business                     • Fax: 1–202–493–2251.                             will evaluate the qualifications of each
                                               confidential information or otherwise                      Instructions: Each submission must                 applicant to determine whether granting
                                               protect business interests, please contact              include the Agency name and the                       the exemption will achieve the required
                                               Katherine Linton at 202–395–3150 to                     docket number(s) for this notice. Note                level of safety mandated by statute.
                                                                                                                                                                The physical qualification standard
                                               discuss whether alternative                             that all comments received will be
                                                                                                                                                             for drivers regarding diabetes found in
                                               arrangements are possible.                              posted without change to http://
                                                  We will post comments in the docket                                                                        49 CFR 391.41(b)(3) states that a person
                                                                                                       www.regulations.gov, including any
                                               for public inspection, except business                                                                        is physically qualified to drive a CMV
                                                                                                       personal information provided. Please
                                               confidential information. You can view                                                                        if that person:
                                                                                                       see the Privacy Act heading below for
                                                                                                                                                                Has no established medical history or
                                               comments on the https://                                further information.
                                                                                                                                                             clinical diagnosis of diabetes mellitus
                                               www.regulations.gov Web site by                            Docket: For access to the docket to
                                                                                                                                                             currently requiring insulin for control.
                                               entering docket number USTR–2017–                       read background documents or                             The Agency established the current
                                               0016 in the search field on the home                    comments, go to http://                               requirement for diabetes in 1970
                                               page.                                                   www.regulations.gov at any time or                    because several risk studies indicated
                                                                                                       Room W12–140 on the ground level of                   that drivers with diabetes had a higher
                                               William L. Busis,
                                                                                                       the West Building, 1200 New Jersey                    rate of crash involvement than the
                                               Chair, Section 301 Committee, Office of the             Avenue SE., Washington, DC, between 9
                                               United States Trade Representative.                                                                           general population.
                                                                                                       a.m. and 5 p.m., e.t., Monday through                    FMCSA established its diabetes
                                               [FR Doc. 2017–17931 Filed 8–23–17; 8:45 am]
                                                                                                       Friday, except Federal holidays. The                  exemption program, based on the
                                               BILLING CODE 3290–F7–P                                  FDMS is available 24 hours each day                   Agency’s July 2000 study entitled ‘‘A
                                                                                                       e.t., 365 days each year. If you want                 Report to Congress on the Feasibility of
                                                                                                       acknowledgment that we received your                  a Program to Qualify Individuals with
                                               DEPARTMENT OF TRANSPORTATION                            comments, please include a self-                      Insulin-Treated Diabetes Mellitus to
                                                                                                       addressed, stamped envelope or                        Operate in Interstate Commerce as
                                               Federal Motor Carrier Safety                            postcard or print the acknowledgement
                                               Administration                                                                                                Directed by the Transportation Act for
                                                                                                       page that appears after submitting                    the 21st Century.’’ The report concluded
                                               [Docket No. FMCSA–2017–0042]                            comments online.                                      that a safe and practicable protocol to
                                                                                                          Privacy Act: In accordance with 5                  allow some drivers with ITDM to
                                               Qualification of Drivers; Exemption                     U.S.C. 553(c), DOT solicits comments                  operate CMVs is feasible. The
                                               Applications; Diabetes Mellitus                         from the public to better inform its                  September 3, 2003 (68 FR 52441),
                                                                                                       rulemaking process. DOT posts these                   Federal Register notice in conjunction
                                               AGENCY: Federal Motor Carrier Safety
                                                                                                       comments, without edit, including any                 with the November 8, 2005 (70 FR
                                               Administration (FMCSA), DOT.
                                                                                                       personal information the commenter                    67777), Federal Register notice provides
                                               ACTION: Notice of applications for                      provides, to http://www.regulations.gov,
                                               exemption; request for comments.                                                                              the current protocol for allowing such
                                                                                                       as described in the system of records                 drivers to operate CMVs in interstate
rmajette on DSKBCKNHB2PROD with NOTICES




                                               SUMMARY:  FMCSA announces receipt of                    notice (DOT/ALL–14 FDMS), which can                   commerce.
                                               applications from 43 individuals for an                 be reviewed at http://www.dot.gov/                       FMCSA notes that section 4129 of the
                                               exemption from the prohibition in the                   privacy.                                              Safe, Accountable, Flexible and
                                               Federal Motor Carrier Safety                            FOR FURTHER INFORMATION CONTACT: Ms.                  Efficient Transportation Equity Act: A
                                               Regulations (FMCSRs) against persons                    Christine A. Hydock, Chief, Medical                   Legacy for Users requires the Secretary
                                               with insulin-treated diabetes mellitus                  Programs Division, (202) 366–4001,                    to revise its diabetes exemption program
                                               (ITDM) operating a commercial motor                     fmcsamedical@dot.gov, FMCSA,                          established on September 3, 2003 (68 FR


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Document Created: 2018-10-24 12:37:16
Document Modified: 2018-10-24 12:37:16
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 of initiation of investigation; hearing; and request for comments.
DatesThe United States Trade Representative initiated the investigation on August 18, 2017. The schedule and due dates are as follows:
ContactFor procedural questions concerning written comments or participating in the public hearing, contact Gwendolyn Diggs at (202) 395-3150. Direct all other questions regarding this notice to William Busis, Deputy Assistant U.S. Trade Representative for Monitoring and Enforcement and Chair of the Section 301 Committee, or Katherine Linton and Arthur Tsao, Assistant General Counsels at (202) 395-3150.
FR Citation82 FR 40213 

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