WTO Dispute Settlement Proceeding Regarding Indonesia-Importation of Horticultural Products, Animals, and Animal Products, 27279-27281 [2013-10991]
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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Notices
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mstockstill on DSK4VPTVN1PROD with NOTICES
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(f)(2), (f)(3), (f)(4), and (f)(5).
[FR Doc. 2013–11094 Filed 5–8–13; 8:45 am]
BILLING CODE 4710–43–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Dispute No. WTO/DS455]
WTO Dispute Settlement Proceeding
Regarding Indonesia—Importation of
Horticultural Products, Animals, and
Animal Products
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that the United States
has requested and obtained 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
contained in a document designated as
WT/DS455/7. 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,
comments should be submitted on or
before June 2, 2013, to be assured of
timely consideration by USTR.
SUMMARY:
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27280
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Notices
Public comments should be
submitted electronically to
www.regulations.gov, docket number
USTR–2013–0002. If you are unable to
provide submissions at
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
If (as explained below) the comment
contains confidential information, then
the comment should be submitted by
fax only to Sandy McKinzy at (202)
395–3640.
FOR FURTHER INFORMATION CONTACT:
Arthur Tsao, Assistant General Counsel,
Office of the United States Trade
Representative, 600 17th Street NW.,
Washington, DC 20508, (202) 395–3150.
SUPPLEMENTARY INFORMATION: Section
127(b) of the Uruguay Round
Agreements Act (‘‘URAA’’) (19 U.S.C.
3537(b)(1)) requires that notice and
opportunity for comment be provided
after the United States submits or
receives a request for the establishment
of a WTO dispute settlement panel.
Consistent with this obligation, USTR is
providing notice that a dispute
settlement panel has been requested and
established pursuant to the WTO
Dispute Settlement Understanding
(‘‘DSU’’). The panel will hold its
meetings in Geneva, Switzerland.
ADDRESSES:
mstockstill on DSK4VPTVN1PROD with NOTICES
Major Issues Raised by the United
States
The United States has requested the
establishment of a panel to consider
Indonesia’s import restricting measures
on the importation of horticultural
products, animals, and animal products.
In particular, Indonesia imposes nonautomatic import licensing regimes for
horticultural products and for animals
and animal products pursuant to which
an importer must complete multiple
steps prior to importing those products
into Indonesia. The legal instruments
through which Indonesia maintains
these measures are set out in the panel
request.
Indonesia imposes a non-automatic
import licensing regime for horticultural
products pursuant to which an importer
must complete multiple steps prior to
importing a horticultural product into
Indonesia. These steps include, first, an
importer must obtain a Horticultural
Product Import Recommendation
(‘‘RIPH’’) certificate from the Ministry of
Agriculture. When issuing the RIPH
certificate, the Ministry of Agriculture
considers factors such as production
and availability of similar products
domestically, domestic consumption of
the product, and potential of the
imported product to distort the market.
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17:18 May 08, 2013
Jkt 229001
Second, an importer must apply to
receive a designation as a Producer
Importer of Horticultural Products or
Registered Importer of Horticultural
Products from the Ministry of Trade.
Third, for each imported product, the
importer must apply to the Minister of
Trade for an import license by
submitting the RIPH certificate and the
designation.
Indonesia also imposes a nonautomatic import licensing regime and
quotas for animals and animal products
pursuant to which an importer must
complete multiple steps prior to
importing an animal or animal product
into Indonesia. These steps include,
first, importers must receive an Import
Approval Recommendation (‘‘RPP’’)
from the Ministry of Agriculture to
import animals or animal products.
After receiving the RPP, the importer
must then apply for an import license
with the Ministry of Trade. The
Ministry of Trade only allows the
importation of the product if, among
other factors, domestic production and
supply of the product do not meet
‘‘demand for public consumption at
reasonable price.’’
Indonesia’s government also sets the
quotas for animals and animal products
twice a year, which is enforced through
the import licensing regime.
Through these measures, Indonesia
appears to have acted inconsistently
with the following obligations: Articles
X:3(a) and XI:1 of the General
Agreement on Tariffs and Trade 1994;
Article 4.2 of the Agreement on
Agriculture; and Articles 3.2 and 3.3 the
Agreement on Import Licensing
Procedures.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in this dispute. Persons
may submit public comments
electronically to www.regulations.gov
docket number USTR–2013–0002. If you
are unable to provide submissions by
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
To submit comments via
www.regulations.gov, enter docket
number USTR–2013–0002 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 searchresults page, and click on the link
entitled ‘‘Submit a Comment!’’ (For
further information on using the
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Fmt 4703
Sfmt 4703
www.regulations.gov Web site, please
consult the resources provided on the
Web site by clicking on ‘‘How to Use
This Site’’ on the left side of the home
page.)
The www.regulations.gov Web site
allows users to provide comments by
filling in a ‘‘Type Comments’’ field, or
by attaching a document using an
‘‘Upload File’’ field. It is expected that
most comments will be provided in an
attached document. If a document is
attached, it is sufficient to type ‘‘See
attached’’ in the ‘‘Type Comments’’field.
A person requesting that information,
contained in a comment that he/she
submitted, be treated as confidential
business information must certify that
such information is business
confidential and would not customarily
be released to the public by the
submitter. Confidential business
information must be clearly designated
as such and the submission must be
marked ‘‘BUSINESS CONFIDENTIAL’’
at the top and bottom of the cover page
and each succeeding page. Any
comment containing business
confidential information must be
submitted by fax to Sandy McKinzy at
(202) 395–3640. A non-confidential
summary of the confidential
information must be submitted to
www.regulations.gov. The nonconfidential 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
submitted, 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 the submitter believes that
information or advice may qualify as
such, the submitter:
(1) Must clearly so designate the
information or advice;
(2) Must clearly mark the material as
‘‘SUBMITTED IN CONFIDENCE’’ at the
top and bottom of the cover page and
each succeeding page; and
(3) Must provide a non-confidential
summary of the information or advice.
Any comment containing confidential
information must be submitted by fax. A
non-confidential summary of the
confidential information must be
submitted to www.regulations.gov. The
non-confidential summary will be
placed in the docket and will be open
to public inspection.
Pursuant to section 127(e) of the
Uruguay Round Agreements Act (19
U.S.C. 3537(e)), USTR will maintain a
docket on this dispute settlement
proceeding, docket number USTR–
2013–0002, accessible to the public at
www.regulations.gov.
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09MYN1
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Notices
The public file will include nonconfidential comments received by
USTR from the public regarding the
dispute. If a dispute settlement panel is
convened, or in the event of an appeal
from such a panel, the following
documents will be made available to the
public at www.ustr.gov: The United
States’ submissions, any nonconfidential submissions received from
other participants in the dispute, and
any non-confidential summaries of
submissions received from other
participants in the dispute. In the event
that a dispute settlement panel is
convened, or in the event of an appeal
from such a panel, and, if applicable,
the report of the Appellate Body, will
also be available on the Web site of the
World Trade Organization, at
www.wto.org. Comments open to public
inspection may be viewed at
www.regulations.gov.
Juan Millan,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. 2013–10991 Filed 5–8–13; 8:45 am]
BILLING CODE 3290–F3–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Docket No. FMCSA–2013–0028]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 25 individuals for
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations. They are unable to meet
the vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. If granted, the exemptions
would enable these individuals to
qualify as drivers of commercial motor
vehicles (CMVs) in interstate commerce.
DATES: Comments must be received on
or before June 10, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2013–0028 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:18 May 08, 2013
Jkt 229001
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the Federal Docket
Management System (FDMS) published
in the Federal Register on January 17,
2008 (73 FR 3316).
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal Motor Carrier Safety
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Sfmt 4703
27281
Regulations for a 2-year period if it finds
‘‘such exemption would likely achieve a
level of safety that is equivalent to or
greater than the level that would be
achieved absent such exemption.’’
FMCSA can renew exemptions at the
end of each 2-year period. The 25
individuals listed in this notice have
each requested such an exemption from
the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce.
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting an
exemption will achieve the required
level of safety mandated by statute.
Qualifications of Applicants
Allan L. Anthony
Mr. Anthony, age 54, has had
refractive amblyopia in his left eye since
birth. The visual acuity in his right eye
is 20/30, and in his left eye, counting
fingers. Following an examination in
2013, his optometrist noted, ‘‘It is, in my
opinion, that Mr. Anthony’s vision is
sufficient for operation of a commercial
motor vehicle.’’ Mr. Anthony reported
that he has driven straight trucks for 29
years, accumulating 188,500 miles, and
tractor-trailer combinations for 29 years,
accumulating 58,000 miles. He holds a
Class A Commercial Driver’s License
(CDL) from Maryland. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
James C. Barr
Mr. Barr, 55, has had strabismic
amblyopia in his left eye since
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, 20/160.
Following an examination in 2012, his
optometrist noted, ‘‘In my medical
opinion, Mr. Barr has sufficient central
and peripheral vision; as well as,
sufficient gross depth perception to
perform the driving tasks required to
operate a commercial vehicle.’’ Mr. Barr
reported that he has driven straight
trucks for 7 years, accumulating 350
miles. He holds a Class B CDL from
Ohio. His driving record for the last 3
years shows no crashes and no
convictions for moving violations in a
CMV.
Clifford L. Burrus
Mr. Burruss, 71, has had refractive
amblyopia in his right eye since
childhood. The visual acuity in his right
eye is 20/100, and in his left eye, 20/20.
Following an examination in 2013, his
optometrist noted, ‘‘Since Mr. Burruss
has been a professional truck driver for
40 years with an accident free driving
E:\FR\FM\09MYN1.SGM
09MYN1
Agencies
[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27279-27281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10991]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS455]
WTO Dispute Settlement Proceeding Regarding Indonesia--
Importation of Horticultural Products, Animals, and Animal Products
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that the United States has requested and
obtained 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 contained in a
document designated as WT/DS455/7. 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, comments should be
submitted on or before June 2, 2013, to be assured of timely
consideration by USTR.
[[Page 27280]]
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2013-0002. If you are unable to
provide submissions at www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission.
If (as explained below) the comment contains confidential
information, then the comment should be submitted by fax only to Sandy
McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Arthur Tsao, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street NW., Washington, DC 20508, (202) 395-3150.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)) requires that notice
and opportunity for comment be provided after the United States submits
or receives a request for the establishment of a WTO dispute settlement
panel. Consistent with this obligation, USTR is providing notice that a
dispute settlement panel has been requested and established pursuant to
the WTO Dispute Settlement Understanding (``DSU''). The panel will hold
its meetings in Geneva, Switzerland.
Major Issues Raised by the United States
The United States has requested the establishment of a panel to
consider Indonesia's import restricting measures on the importation of
horticultural products, animals, and animal products. In particular,
Indonesia imposes non-automatic import licensing regimes for
horticultural products and for animals and animal products pursuant to
which an importer must complete multiple steps prior to importing those
products into Indonesia. The legal instruments through which Indonesia
maintains these measures are set out in the panel request.
Indonesia imposes a non-automatic import licensing regime for
horticultural products pursuant to which an importer must complete
multiple steps prior to importing a horticultural product into
Indonesia. These steps include, first, an importer must obtain a
Horticultural Product Import Recommendation (``RIPH'') certificate from
the Ministry of Agriculture. When issuing the RIPH certificate, the
Ministry of Agriculture considers factors such as production and
availability of similar products domestically, domestic consumption of
the product, and potential of the imported product to distort the
market. Second, an importer must apply to receive a designation as a
Producer Importer of Horticultural Products or Registered Importer of
Horticultural Products from the Ministry of Trade. Third, for each
imported product, the importer must apply to the Minister of Trade for
an import license by submitting the RIPH certificate and the
designation.
Indonesia also imposes a non-automatic import licensing regime and
quotas for animals and animal products pursuant to which an importer
must complete multiple steps prior to importing an animal or animal
product into Indonesia. These steps include, first, importers must
receive an Import Approval Recommendation (``RPP'') from the Ministry
of Agriculture to import animals or animal products. After receiving
the RPP, the importer must then apply for an import license with the
Ministry of Trade. The Ministry of Trade only allows the importation of
the product if, among other factors, domestic production and supply of
the product do not meet ``demand for public consumption at reasonable
price.''
Indonesia's government also sets the quotas for animals and animal
products twice a year, which is enforced through the import licensing
regime.
Through these measures, Indonesia appears to have acted
inconsistently with the following obligations: Articles X:3(a) and XI:1
of the General Agreement on Tariffs and Trade 1994; Article 4.2 of the
Agreement on Agriculture; and Articles 3.2 and 3.3 the Agreement on
Import Licensing Procedures.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit public
comments electronically to www.regulations.gov docket number USTR-2013-
0002. If you are unable to provide submissions by www.regulations.gov,
please contact Sandy McKinzy at (202) 395-9483 to arrange for an
alternative method of transmission.
To submit comments via www.regulations.gov, enter docket number
USTR-2013-0002 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 ``Submit a Comment!'' (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 This
Site'' on the left side of the home page.)
The www.regulations.gov Web site allows users to provide comments
by filling in a ``Type Comments'' field, or by attaching a document
using an ``Upload File'' field. It is expected that most comments will
be provided in an attached document. If a document is attached, it is
sufficient to type ``See attached'' in the ``Type Comments''field.
A person requesting that information, contained in a comment that
he/she submitted, be treated as confidential business information must
certify that such information is business confidential and would not
customarily be released to the public by the submitter. Confidential
business information must be clearly designated as such and the
submission must be marked ``BUSINESS CONFIDENTIAL'' at the top and
bottom of the cover page and each succeeding page. Any comment
containing business confidential information must be submitted by fax
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the
confidential information must be submitted to www.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 submitted, 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 the submitter believes that information
or advice may qualify as such, the submitter:
(1) Must clearly so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
at the top and bottom of the cover page and each succeeding page; and
(3) Must provide a non-confidential summary of the information or
advice.
Any comment containing confidential information must be submitted
by fax. A non-confidential summary of the confidential information must
be submitted to www.regulations.gov. The non-confidential summary will
be placed in the docket and will be open to public inspection.
Pursuant to section 127(e) of the Uruguay Round Agreements Act (19
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement
proceeding, docket number USTR-2013-0002, accessible to the public at
www.regulations.gov.
[[Page 27281]]
The public file will include non-confidential comments received by
USTR from the public regarding the dispute. If a dispute settlement
panel is convened, or in the event of an appeal from such a panel, the
following documents will be made available to the public at
www.ustr.gov: The United States' submissions, any non-confidential
submissions received from other participants in the dispute, and any
non-confidential summaries of submissions received from other
participants in the dispute. In the event that a dispute settlement
panel is convened, or in the event of an appeal from such a panel, and,
if applicable, the report of the Appellate Body, will also be available
on the Web site of the World Trade Organization, at www.wto.org.
Comments open to public inspection may be viewed at
www.regulations.gov.
Juan Millan,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2013-10991 Filed 5-8-13; 8:45 am]
BILLING CODE 3290-F3-P