Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama, 77076-77079 [2015-31192]

Download as PDF jstallworth on DSK7TPTVN1PROD with NOTICES 77076 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices —Finalization of second-generation intact stability criteria —Amendments to part B of the 2008 IS Code on towing, lifting and anchor handling operations —Amendments to SOLAS and FSS Code to make evacuation analysis mandatory for new passenger ships and review of the Recommendation on evacuation analysis for new and existing passenger ships —Amendments to SOLAS chapter II–1 and associated guidelines on damage control drills for passenger ships —Revision of section 3 of the Guidelines for damage control plans and information to the master (MSC.1/Circ.1245) for passenger ships —Classification of offshore industry vessels and a review of the need for a non-mandatory code for offshore construction support vessels —Guidelines for wing-in-ground craft —Amendments to the 2011 ESP Code —Unified interpretation to provisions of IMO safety, security, and environment-related Conventions —Revised SOLAS regulation II–1/3–8 and associated guidelines (MSC.1/ Circ.1175) and new guidelines for safe mooring operations for all ships —Mandatory Instrument and/or provisions addressing safety standards for the carriage of more than 12 industrial personnel on board vessels engaged on international voyages —Guidelines for use of Fibre Reinforced Plastic (FRP) within ship structures Members of the public may attend this meeting up to the seating capacity of the room. To facilitate the building security process, and to request reasonable accommodation, those who plan to attend should contact the meeting coordinator, LT Joshua Kapusta, by email at Joshua.A.Kapusta@ uscg.mil, by phone at (202) 372–1428, by fax at (202) 372–1925, or in writing at 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC 20593–7509 not later than Wednesday, 30 December 2015, 7 days prior to the meeting. A call-in number option will be available upon RSVP. Requests made after 30 December 2015, might not be able to be accommodated. Please note that due to security considerations, two valid, government issued photo identifications must be presented to gain entrance to the Department of Transportation Headquarters. This location is accessible by taxi, privately owned conveyance, and public transportation (located near the Navy Yard Metro Station). Additional information regarding this and other IMO public meetings may be found at: www.uscg.mil/imo. VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 Dated: November 12, 2015. Jonathan W. Burby, Coast Guard Liaison Officer, Office of Ocean and Polar Affairs, Department of State. [FR Doc. 2015–31269 Filed 12–10–15; 8:45 am] BILLING CODE 4710–09–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama Office of the United States Trade Representative. ACTION: Notice. AGENCY: In accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), the Office of the United States Trade Representative (USTR) is providing notice of its determination of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. As described below, the level of a country’s trade surplus in these goods relates to the quantity of sugar and syrup goods and sugarcontaining products for which the United States grants preferential tariff treatment under (i) the United StatesChile Free Trade Agreement (Chile FTA); (ii) the United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA–DR); (iv) the United States-Peru Trade Promotion Agreement (Peru TPA); (v) the United StatesColombia Trade Promotion Agreement (Colombia TPA), and (vi) the United States-Panama Trade Promotion Agreement (Panama TPA). DATES: Effective Date: January 1, 2016. ADDRESSES: Inquiries may be mailed or delivered to Ronald Baumgarten, Director of Agricultural Affairs, Office of Agricultural Affairs, Office of the United States Trade Representative, 600 17th Street NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Ronald Baumgarten, Office of Agricultural Affairs, telephone: (202) 395–9582 or facsimile: (202) 395–4579. SUPPLEMENTARY INFORMATION: Chile: Pursuant to section 201 of the United States-Chile Free Trade Agreement Implementation Act (Pub. L. SUMMARY: PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 108–77; 19 U.S.C. 3805 note), Presidential Proclamation No. 7746 of December 30, 2003 (68 FR 75789) implemented the Chile FTA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Chile FTA. Note 12(a) to subchapter XI of HTS chapter 99 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Chile’s trade surplus, by volume, with all sources for goods in Harmonized System (HS) subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.20, 1702.30, 1702.40, 1702.60, 1702.90, 1806.10, 2101.12, 2101.20, and 2106.90, except that Chile’s imports of goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the Chile FTA are not included in the calculation of Chile’s trade surplus. (HS subheading 1701.11 was reclassified as 1701.13 and 1701.14 by Proclamation 8771 of December 29, 2011, 77 FR 413.) Note 12(b) to subchapter XI of HTS chapter 99 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of Chile entered under subheading 9911.17.05 in any calendar year (beginning in calendar year 2015) shall be the quantity of goods equal to the amount of Chile’s trade surplus in subdivision (a) of the note. During calendar year (CY) 2014, the most recent year for which data is available, Chile’s imports of the sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 554,753 metric tons according to data published by the Servicio Nacional de Aduana (Chile Customs). Based on this data, USTR determines that Chile’s trade surplus is negative. Therefore, in accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XI of HTS chapter 99, goods of Chile are not eligible to enter the United States dutyfree under subheading 9911.17.05 or at preferential tariff rates under subheading 9911.17.10 through 9911.17.85 in CY 2016. Morocco: Pursuant to section 201 of the United States-Morocco Free Trade Agreement Implementation Act (Pub. L. 108–302; 19 U.S.C. 3805 note), Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 76651) implemented the Morocco FTA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Morocco FTA. Note 12(a) to subchapter XII of HTS chapter 99 provides that USTR is required to publish annually in the Federal Register a determination of the E:\FR\FM\11DEN1.SGM 11DEN1 jstallworth on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices amount of Morocco’s trade surplus, by volume, with all sources for goods in HS subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.40, and 1702.60, except that Morocco’s imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the Morocco FTA are not included in the calculation of Morocco’s trade surplus. (HS subheading 1701.11 was reclassified as 1701.13 and 1701.14 by Proclamation 8771 of December 29, 2011, 77 FR 413.) Note 12(b) to subchapter XII of HTS chapter 99 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of Morocco entered under subheading 9912.17.05 in an amount equal to the lesser of Morocco’s trade surplus or the specific quantity set out in that note for that calendar year. Note 12(c) to subchapter XII of HTS chapter 99 provides preferential tariff treatment for certain sugar and syrup goods and sugar-containing products of Morocco entered under subheading 9912.17.10 through 9912.17.85 in an amount equal to the amount by which Morocco’s trade surplus exceeds the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Morocco’s imports of the sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 766,540 metric tons according to data published by its customs authority, the Office des Changes. Based on this data, USTR determines that Morocco’s trade surplus is negative. Therefore, in accordance with U.S. Note 12(b) and U.S. Note 12(c) to subchapter XII of HTS chapter 99, goods of Morocco are not eligible to enter the United States duty-free under subheading 9912.17.05 or at preferential tariff rates under subheading 9912.17.10 through 9912.17.85 in CY 2015. CAFTA–DR: Pursuant to section 201 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Pub. L. 109–53; 19 U.S.C. 4031), Presidential Proclamation No. 7987 of February 28, 2006 (71 FR 10827), Presidential Proclamation No. 7991 of March 24, 2006 (71 FR 16009), Presidential Proclamation No. 7996 of March 31, 2006 (71 FR 16971), Presidential Proclamation No. 8034 of June 30, 2006 (71 FR 38509), Presidential Proclamation No. 8111 of February 28, 2007 (72 FR 10025), Presidential Proclamation No. 8331 of December 23, 2008 (73 FR 79585), and Presidential Proclamation No. 8536 of June 12, 2010 VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 (75 FR 34311) implemented the CAFTA–DR on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the CAFTA–DR. Note 25(b)(i) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of each CAFTA–DR country’s trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40, and 1702.60, except that each CAFTA–DR country’s exports to the United States of goods classified under HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99 and its imports of goods classified under HS subheadings 1702.40 and 1702.60 that qualify for preferential tariff treatment under the CAFTA–DR are not included in the calculation of that country’s trade surplus. U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar and syrup goods and sugar-containing products of each CAFTA–DR country entered under subheading 9822.05.20 in an amount equal to the lesser of that country’s trade surplus or the specific quantity set out in that note for that country and that calendar year. During CY 2014, the most recent year for which data is available, Costa Rica’s exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 110,338 metric tons according to data published by the Costa Rican Customs Department, Ministry of Finance. Based on this data, USTR determines that Costa Rica’s trade surplus is 110,338 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Costa Rica for CY 2016 is 13,200 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Costa Rica that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 13,200 metric tons (i.e., the amount that is the lesser of Costa Rica’s trade surplus and the specific quantity set out in that note for Costa Rica for CY 2016). During CY 2014, the most recent year for which data is available, the Dominican Republic’s exports of the sugar and syrup goods and sugarcontaining products described above exceeded its imports of those goods by 27,413 metric tons according to data published by the National Direction of Customs (DGA). Based on this data, USTR determines that the Dominican Republic’s trade surplus is 27,413 metric tons. The specific quantity set PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 77077 out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for the Dominican Republic for CY 2016 is 12,000 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of the Dominican Republic that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 12,000 metric tons (i.e., the amount that is the lesser of the Dominican Republic’s trade surplus and the specific quantity set out in that note for the Dominican Republic for CY 2016). During CY 2014, the most recent year for which data is available, El Salvador’s exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 286,304 metric tons according to data published by the Central Bank of El Salvador. Based on this data, USTR determines that El Salvador’s trade surplus is 286,304 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for El Salvador for CY 2016 is 32,860 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of El Salvador that may be entered dutyfree under subheading 9822.05.20 in CY 2016 is 32,860 metric tons (i.e., the amount that is the lesser of El Salvador’s trade surplus and the specific quantity set out in that note for El Salvador for CY 2016). During CY 2014, the most recent year for which data is available, Guatemala’s exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 1,796,904 metric tons according to data published by the ´ Asociacion de Azucareros de Guatemala (ASAZGUA). Based on this data, USTR determines that Guatemala’s trade surplus is 1,796,904 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Guatemala for CY 2016 is 44,520 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Guatemala that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 44,520 metric tons (i.e., the amount that is the lesser of Guatemala’s trade surplus and the specific quantity set out in that note for Guatemala for CY 2016). During CY 2014, the most recent year for which data is available, Honduras’ exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 128,410 metric tons according to data published by the Central Bank of Honduras. Based on this data, USTR determines that E:\FR\FM\11DEN1.SGM 11DEN1 jstallworth on DSK7TPTVN1PROD with NOTICES 77078 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices Honduras’ trade surplus is 128,410 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Honduras for CY 2016 is 9,600 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Honduras that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 9,600 metric tons (i.e., the amount that is the lesser of Honduras’ trade surplus and the specific quantity set out in that note for Honduras for CY 2016). During CY 2014, the most recent year for which data is available, Nicaragua’s exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 384,051 metric tons according to data published by the Ministry of Development, Industry and Trade (MIFIC). Based on this data, USTR determines that Nicaragua’s trade surplus is 384,051 metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for Nicaragua for CY 2016 is 26,400 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Nicaragua that may be entered duty-free under subheading 9822.05.20 in CY 2016 is 26,400 metric tons (i.e., the amount that is the lesser of Nicaragua’s trade surplus and the specific quantity set out in that note for Nicaragua for CY 2016). Peru: Pursuant to section 201 of the United States-Peru Trade Promotion Agreement Implementation Act (Pub. L. 110–138; 19 U.S.C. 3805 note), Presidential Proclamation No. 8341 of January 16, 2009 (74 FR 4105) implemented the Peru TPA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Peru TPA. Note 28(c) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Peru’s trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40, and 1702.60, except that Peru’s imports of U.S. goods classified under HS subheadings 1702.40 and 1702.60 that are originating goods under the Peru TPA and Peru’s exports to the United States of goods classified under HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99 are not included in the calculation of Peru’s trade surplus. Note 28(d) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar goods of Peru entered under subheading 9822.06.10 in an amount equal to the lesser of Peru’s VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 trade surplus or the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Peru’s imports of the sugar and syrup goods and sugar-containing products described above exceeded its exports of those goods by 48,603 metric tons according to data published by the Superintendencia Nacional de Administracion Tributaria (SUNAT). Based on this data, USTR determines that Peru’s trade surplus is negative. Therefore, in accordance with U.S. Note 28(d) to subchapter XXII of HTS chapter 98, goods of Peru are not eligible to enter the United States duty-free under subheading 9822.06.10 in CY 2016. Colombia: Pursuant to section 201 of the United States-Colombia Trade Promotion Agreement Implementation Act (Pub. L. 112–42; 19 U.S.C. 3805 note), Presidential Proclamation No. 8818 of May 14, 2012 (77 FR 29519) implemented the Colombia TPA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Colombia TPA. Note 32(b) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Colombia’s trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Colombia’s imports of U.S. goods classified under subheadings 1702.40 and 1702.60 that are originating goods under the Colombia TPA and Colombia’s exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 are not included in the calculation of Colombia’s trade surplus. Note 32(c)(i) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar goods of Colombia entered under subheading 9822.08.01 in an amount equal to the lesser of Colombia’s trade surplus or the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Colombia’s exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 594,746 metric tons according to data published by Global Trade Atlas. Based on this data, USTR determines that Colombia’s trade surplus is 594,746 metric tons. The specific quantity set out in U.S. Note 32(c)(i) to subchapter XXII of HTS chapter 98 for Colombia for CY 2016 is 53,000 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Colombia that may PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 be entered duty-free under subheading 9822.08.01 in CY 2016 is 53,000 metric tons (i.e., the amount that is the lesser of Colombia’s trade surplus and the specific quantity set out in that note for Colombia for CY 2016). Panama: Pursuant to section 201 of the United States-Panama Trade Promotion Agreement Implementation Act (Pub. L. 112–43; 19 U.S.C. 3805 note), Presidential Proclamation No. 8894 of October 29, 2012 (77 FR 66505) implemented the Panama TPA on behalf of the United States and modified the HTS to reflect the tariff treatment provided for in the Panama TPA. Note 35(a) to subchapter XXII of HTS chapter 98 provides that USTR is required to publish annually in the Federal Register a determination of the amount of Panama’s trade surplus, by volume, with all sources for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 1702.40 and 1702.60, except that Panama’s imports of U.S. goods classified under subheadings 1702.40 and 1702.60 that are originating goods under the Panama TPA and Panama’s exports to the United States of goods classified under subheadings 1701.12, 1701.13, 1701.14, 1701.91 and 1701.99 are not included in the calculation of Panama’s trade surplus. Note 35(c) to subchapter XXII of HTS chapter 98 provides duty-free treatment for certain sugar goods of Panama entered under subheading 9822.09.17 in an amount equal to the lesser of Panama’s trade surplus or the specific quantity set out in that note for that calendar year. During CY 2014, the most recent year for which data is available, Panama’s exports of the sugar and syrup goods and sugar-containing products described above exceeded its imports of those goods by 30,280 metric tons according to data published by National Institute of Statistics and Census, Office of the General Comptroller of Panama. Based on this data, USTR determines that Panama’s trade surplus is 30,280 metric tons. The specific quantity set out in U.S. Note 35(c) to subchapter XXII of HTS chapter 98 for Panama for CY 2016 is 525 metric tons. Therefore, in accordance with that note, the aggregate quantity of goods of Panama that may be entered duty-free under subheading 9822.09.17 in CY 2016 is 525 metric tons (i.e., the amount that is the lesser of Panama’s trade surplus and E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices the specific quantity set out in that note for Panama for CY 2016). notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. Darci L. Vetter, Chief Agricultural Negotiator, Office of the United States Trade Representative. II. Background On August 12, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 44 individuals and requested comments from the public (80 FR 48396). The public comment period closed on September 11, 2015, and 3 comments were received. FMCSA has evaluated the eligibility of the 44 applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). [FR Doc. 2015–31192 Filed 12–10–15; 8:45 am] BILLING CODE 3290–F6–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2015–0065] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA confirms its decision to exempt 44 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on September 12, 2015. The exemptions expire on September 12, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: jstallworth on DSK7TPTVN1PROD with NOTICES I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/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. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 44 applicants have had ITDM over a range of 1 to 41 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 77079 monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the August 12, 2015, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received 3 comments in this proceeding. Jamie Savarese and Louis Savarese believe that Jackson A. Savarese should be granted an exemption. While Donald R. Meckley, Jr. stated that his name was spelled incorrectly in the request for comments. The spelling has been corrected in this notice. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants’ ITDM and vision, and reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77076-77079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31192]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination of Trade Surplus in Certain Sugar and Syrup Goods 
and Sugar-Containing Products of Chile, Morocco, Costa Rica, the 
Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, 
Colombia, and Panama

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: In accordance with relevant provisions of the Harmonized 
Tariff Schedule of the United States (HTS), the Office of the United 
States Trade Representative (USTR) is providing notice of its 
determination of the trade surplus in certain sugar and syrup goods and 
sugar-containing products of Chile, Morocco, Costa Rica, the Dominican 
Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, 
and Panama. As described below, the level of a country's trade surplus 
in these goods relates to the quantity of sugar and syrup goods and 
sugar-containing products for which the United States grants 
preferential tariff treatment under (i) the United States-Chile Free 
Trade Agreement (Chile FTA); (ii) the United States-Morocco Free Trade 
Agreement (Morocco FTA); (iii) the Dominican Republic-Central America-
United States Free Trade Agreement (CAFTA-DR); (iv) the United States-
Peru Trade Promotion Agreement (Peru TPA); (v) the United States-
Colombia Trade Promotion Agreement (Colombia TPA), and (vi) the United 
States-Panama Trade Promotion Agreement (Panama TPA).

DATES: Effective Date: January 1, 2016.

ADDRESSES: Inquiries may be mailed or delivered to Ronald Baumgarten, 
Director of Agricultural Affairs, Office of Agricultural Affairs, 
Office of the United States Trade Representative, 600 17th Street NW., 
Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Ronald Baumgarten, Office of 
Agricultural Affairs, telephone: (202) 395-9582 or facsimile: (202) 
395-4579.

SUPPLEMENTARY INFORMATION: 
    Chile: Pursuant to section 201 of the United States-Chile Free 
Trade Agreement Implementation Act (Pub. L. 108-77; 19 U.S.C. 3805 
note), Presidential Proclamation No. 7746 of December 30, 2003 (68 FR 
75789) implemented the Chile FTA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Chile FTA.
    Note 12(a) to subchapter XI of HTS chapter 99 provides that USTR is 
required to publish annually in the Federal Register a determination of 
the amount of Chile's trade surplus, by volume, with all sources for 
goods in Harmonized System (HS) subheadings 1701.11, 1701.12, 1701.91, 
1701.99, 1702.20, 1702.30, 1702.40, 1702.60, 1702.90, 1806.10, 2101.12, 
2101.20, and 2106.90, except that Chile's imports of goods classified 
under HS subheadings 1702.40 and 1702.60 that qualify for preferential 
tariff treatment under the Chile FTA are not included in the 
calculation of Chile's trade surplus. (HS subheading 1701.11 was 
reclassified as 1701.13 and 1701.14 by Proclamation 8771 of December 
29, 2011, 77 FR 413.)
    Note 12(b) to subchapter XI of HTS chapter 99 provides duty-free 
treatment for certain sugar and syrup goods and sugar-containing 
products of Chile entered under subheading 9911.17.05 in any calendar 
year (beginning in calendar year 2015) shall be the quantity of goods 
equal to the amount of Chile's trade surplus in subdivision (a) of the 
note.
    During calendar year (CY) 2014, the most recent year for which data 
is available, Chile's imports of the sugar and syrup goods and sugar-
containing products described above exceeded its exports of those goods 
by 554,753 metric tons according to data published by the Servicio 
Nacional de Aduana (Chile Customs). Based on this data, USTR determines 
that Chile's trade surplus is negative. Therefore, in accordance with 
U.S. Note 12(b) and U.S. Note 12(c) to subchapter XI of HTS chapter 99, 
goods of Chile are not eligible to enter the United States duty-free 
under subheading 9911.17.05 or at preferential tariff rates under 
subheading 9911.17.10 through 9911.17.85 in CY 2016.
    Morocco: Pursuant to section 201 of the United States-Morocco Free 
Trade Agreement Implementation Act (Pub. L. 108-302; 19 U.S.C. 3805 
note), Presidential Proclamation No. 7971 of December 22, 2005 (70 FR 
76651) implemented the Morocco FTA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Morocco FTA.
    Note 12(a) to subchapter XII of HTS chapter 99 provides that USTR 
is required to publish annually in the Federal Register a determination 
of the

[[Page 77077]]

amount of Morocco's trade surplus, by volume, with all sources for 
goods in HS subheadings 1701.11, 1701.12, 1701.91, 1701.99, 1702.40, 
and 1702.60, except that Morocco's imports of U.S. goods classified 
under HS subheadings 1702.40 and 1702.60 that qualify for preferential 
tariff treatment under the Morocco FTA are not included in the 
calculation of Morocco's trade surplus. (HS subheading 1701.11 was 
reclassified as 1701.13 and 1701.14 by Proclamation 8771 of December 
29, 2011, 77 FR 413.)
    Note 12(b) to subchapter XII of HTS chapter 99 provides duty-free 
treatment for certain sugar and syrup goods and sugar-containing 
products of Morocco entered under subheading 9912.17.05 in an amount 
equal to the lesser of Morocco's trade surplus or the specific quantity 
set out in that note for that calendar year.
    Note 12(c) to subchapter XII of HTS chapter 99 provides 
preferential tariff treatment for certain sugar and syrup goods and 
sugar-containing products of Morocco entered under subheading 
9912.17.10 through 9912.17.85 in an amount equal to the amount by which 
Morocco's trade surplus exceeds the specific quantity set out in that 
note for that calendar year.
    During CY 2014, the most recent year for which data is available, 
Morocco's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 766,540 
metric tons according to data published by its customs authority, the 
Office des Changes. Based on this data, USTR determines that Morocco's 
trade surplus is negative. Therefore, in accordance with U.S. Note 
12(b) and U.S. Note 12(c) to subchapter XII of HTS chapter 99, goods of 
Morocco are not eligible to enter the United States duty-free under 
subheading 9912.17.05 or at preferential tariff rates under subheading 
9912.17.10 through 9912.17.85 in CY 2015.
    CAFTA-DR: Pursuant to section 201 of the Dominican Republic-Central 
America-United States Free Trade Agreement Implementation Act (Pub. L. 
109-53; 19 U.S.C. 4031), Presidential Proclamation No. 7987 of February 
28, 2006 (71 FR 10827), Presidential Proclamation No. 7991 of March 24, 
2006 (71 FR 16009), Presidential Proclamation No. 7996 of March 31, 
2006 (71 FR 16971), Presidential Proclamation No. 8034 of June 30, 2006 
(71 FR 38509), Presidential Proclamation No. 8111 of February 28, 2007 
(72 FR 10025), Presidential Proclamation No. 8331 of December 23, 2008 
(73 FR 79585), and Presidential Proclamation No. 8536 of June 12, 2010 
(75 FR 34311) implemented the CAFTA-DR on behalf of the United States 
and modified the HTS to reflect the tariff treatment provided for in 
the CAFTA-DR.
    Note 25(b)(i) to subchapter XXII of HTS chapter 98 provides that 
USTR is required to publish annually in the Federal Register a 
determination of the amount of each CAFTA-DR country's trade surplus, 
by volume, with all sources for goods in HS subheadings 1701.12, 
1701.13, 1701.14, 1701.91, 1701.99, 1702.40, and 1702.60, except that 
each CAFTA-DR country's exports to the United States of goods 
classified under HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 
1701.99 and its imports of goods classified under HS subheadings 
1702.40 and 1702.60 that qualify for preferential tariff treatment 
under the CAFTA-DR are not included in the calculation of that 
country's trade surplus.
    U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 provides 
duty-free treatment for certain sugar and syrup goods and sugar-
containing products of each CAFTA-DR country entered under subheading 
9822.05.20 in an amount equal to the lesser of that country's trade 
surplus or the specific quantity set out in that note for that country 
and that calendar year.
    During CY 2014, the most recent year for which data is available, 
Costa Rica's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 110,338 
metric tons according to data published by the Costa Rican Customs 
Department, Ministry of Finance. Based on this data, USTR determines 
that Costa Rica's trade surplus is 110,338 metric tons. The specific 
quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS 
chapter 98 for Costa Rica for CY 2016 is 13,200 metric tons. Therefore, 
in accordance with that note, the aggregate quantity of goods of Costa 
Rica that may be entered duty-free under subheading 9822.05.20 in CY 
2016 is 13,200 metric tons (i.e., the amount that is the lesser of 
Costa Rica's trade surplus and the specific quantity set out in that 
note for Costa Rica for CY 2016).
    During CY 2014, the most recent year for which data is available, 
the Dominican Republic's exports of the sugar and syrup goods and 
sugar-containing products described above exceeded its imports of those 
goods by 27,413 metric tons according to data published by the National 
Direction of Customs (DGA). Based on this data, USTR determines that 
the Dominican Republic's trade surplus is 27,413 metric tons. The 
specific quantity set out in U.S. Note 25(b)(ii) to subchapter XXII of 
HTS chapter 98 for the Dominican Republic for CY 2016 is 12,000 metric 
tons. Therefore, in accordance with that note, the aggregate quantity 
of goods of the Dominican Republic that may be entered duty-free under 
subheading 9822.05.20 in CY 2016 is 12,000 metric tons (i.e., the 
amount that is the lesser of the Dominican Republic's trade surplus and 
the specific quantity set out in that note for the Dominican Republic 
for CY 2016).
    During CY 2014, the most recent year for which data is available, 
El Salvador's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 286,304 
metric tons according to data published by the Central Bank of El 
Salvador. Based on this data, USTR determines that El Salvador's trade 
surplus is 286,304 metric tons. The specific quantity set out in U.S. 
Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for El Salvador for 
CY 2016 is 32,860 metric tons. Therefore, in accordance with that note, 
the aggregate quantity of goods of El Salvador that may be entered 
duty-free under subheading 9822.05.20 in CY 2016 is 32,860 metric tons 
(i.e., the amount that is the lesser of El Salvador's trade surplus and 
the specific quantity set out in that note for El Salvador for CY 
2016).
    During CY 2014, the most recent year for which data is available, 
Guatemala's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 
1,796,904 metric tons according to data published by the 
Asociaci[oacute]n de Azucareros de Guatemala (ASAZGUA). Based on this 
data, USTR determines that Guatemala's trade surplus is 1,796,904 
metric tons. The specific quantity set out in U.S. Note 25(b)(ii) to 
subchapter XXII of HTS chapter 98 for Guatemala for CY 2016 is 44,520 
metric tons. Therefore, in accordance with that note, the aggregate 
quantity of goods of Guatemala that may be entered duty-free under 
subheading 9822.05.20 in CY 2016 is 44,520 metric tons (i.e., the 
amount that is the lesser of Guatemala's trade surplus and the specific 
quantity set out in that note for Guatemala for CY 2016).
    During CY 2014, the most recent year for which data is available, 
Honduras' exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 128,410 
metric tons according to data published by the Central Bank of 
Honduras. Based on this data, USTR determines that

[[Page 77078]]

Honduras' trade surplus is 128,410 metric tons. The specific quantity 
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for 
Honduras for CY 2016 is 9,600 metric tons. Therefore, in accordance 
with that note, the aggregate quantity of goods of Honduras that may be 
entered duty-free under subheading 9822.05.20 in CY 2016 is 9,600 
metric tons (i.e., the amount that is the lesser of Honduras' trade 
surplus and the specific quantity set out in that note for Honduras for 
CY 2016).
    During CY 2014, the most recent year for which data is available, 
Nicaragua's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 384,051 
metric tons according to data published by the Ministry of Development, 
Industry and Trade (MIFIC). Based on this data, USTR determines that 
Nicaragua's trade surplus is 384,051 metric tons. The specific quantity 
set out in U.S. Note 25(b)(ii) to subchapter XXII of HTS chapter 98 for 
Nicaragua for CY 2016 is 26,400 metric tons. Therefore, in accordance 
with that note, the aggregate quantity of goods of Nicaragua that may 
be entered duty-free under subheading 9822.05.20 in CY 2016 is 26,400 
metric tons (i.e., the amount that is the lesser of Nicaragua's trade 
surplus and the specific quantity set out in that note for Nicaragua 
for CY 2016).
    Peru: Pursuant to section 201 of the United States-Peru Trade 
Promotion Agreement Implementation Act (Pub. L. 110-138; 19 U.S.C. 3805 
note), Presidential Proclamation No. 8341 of January 16, 2009 (74 FR 
4105) implemented the Peru TPA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Peru TPA.
    Note 28(c) to subchapter XXII of HTS chapter 98 provides that USTR 
is required to publish annually in the Federal Register a determination 
of the amount of Peru's trade surplus, by volume, with all sources for 
goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 1701.99, 
1702.40, and 1702.60, except that Peru's imports of U.S. goods 
classified under HS subheadings 1702.40 and 1702.60 that are 
originating goods under the Peru TPA and Peru's exports to the United 
States of goods classified under HS subheadings 1701.12, 1701.13, 
1701.14, 1701.91, and 1701.99 are not included in the calculation of 
Peru's trade surplus.
    Note 28(d) to subchapter XXII of HTS chapter 98 provides duty-free 
treatment for certain sugar goods of Peru entered under subheading 
9822.06.10 in an amount equal to the lesser of Peru's trade surplus or 
the specific quantity set out in that note for that calendar year.
    During CY 2014, the most recent year for which data is available, 
Peru's imports of the sugar and syrup goods and sugar-containing 
products described above exceeded its exports of those goods by 48,603 
metric tons according to data published by the Superintendencia 
Nacional de Administracion Tributaria (SUNAT). Based on this data, USTR 
determines that Peru's trade surplus is negative. Therefore, in 
accordance with U.S. Note 28(d) to subchapter XXII of HTS chapter 98, 
goods of Peru are not eligible to enter the United States duty-free 
under subheading 9822.06.10 in CY 2016.
    Colombia: Pursuant to section 201 of the United States-Colombia 
Trade Promotion Agreement Implementation Act (Pub. L. 112-42; 19 U.S.C. 
3805 note), Presidential Proclamation No. 8818 of May 14, 2012 (77 FR 
29519) implemented the Colombia TPA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Colombia TPA.
    Note 32(b) to subchapter XXII of HTS chapter 98 provides that USTR 
is required to publish annually in the Federal Register a determination 
of the amount of Colombia's trade surplus, by volume, with all sources 
for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 
1701.99, 1702.40 and 1702.60, except that Colombia's imports of U.S. 
goods classified under subheadings 1702.40 and 1702.60 that are 
originating goods under the Colombia TPA and Colombia's exports to the 
United States of goods classified under subheadings 1701.12, 1701.13, 
1701.14, 1701.91 and 1701.99 are not included in the calculation of 
Colombia's trade surplus.
    Note 32(c)(i) to subchapter XXII of HTS chapter 98 provides duty-
free treatment for certain sugar goods of Colombia entered under 
subheading 9822.08.01 in an amount equal to the lesser of Colombia's 
trade surplus or the specific quantity set out in that note for that 
calendar year.
    During CY 2014, the most recent year for which data is available, 
Colombia's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 594,746 
metric tons according to data published by Global Trade Atlas. Based on 
this data, USTR determines that Colombia's trade surplus is 594,746 
metric tons. The specific quantity set out in U.S. Note 32(c)(i) to 
subchapter XXII of HTS chapter 98 for Colombia for CY 2016 is 53,000 
metric tons. Therefore, in accordance with that note, the aggregate 
quantity of goods of Colombia that may be entered duty-free under 
subheading 9822.08.01 in CY 2016 is 53,000 metric tons (i.e., the 
amount that is the lesser of Colombia's trade surplus and the specific 
quantity set out in that note for Colombia for CY 2016).
    Panama: Pursuant to section 201 of the United States-Panama Trade 
Promotion Agreement Implementation Act (Pub. L. 112-43; 19 U.S.C. 3805 
note), Presidential Proclamation No. 8894 of October 29, 2012 (77 FR 
66505) implemented the Panama TPA on behalf of the United States and 
modified the HTS to reflect the tariff treatment provided for in the 
Panama TPA.
    Note 35(a) to subchapter XXII of HTS chapter 98 provides that USTR 
is required to publish annually in the Federal Register a determination 
of the amount of Panama's trade surplus, by volume, with all sources 
for goods in HS subheadings 1701.12, 1701.13, 1701.14, 1701.91, 
1701.99, 1702.40 and 1702.60, except that Panama's imports of U.S. 
goods classified under subheadings 1702.40 and 1702.60 that are 
originating goods under the Panama TPA and Panama's exports to the 
United States of goods classified under subheadings 1701.12, 1701.13, 
1701.14, 1701.91 and 1701.99 are not included in the calculation of 
Panama's trade surplus.
    Note 35(c) to subchapter XXII of HTS chapter 98 provides duty-free 
treatment for certain sugar goods of Panama entered under subheading 
9822.09.17 in an amount equal to the lesser of Panama's trade surplus 
or the specific quantity set out in that note for that calendar year.
    During CY 2014, the most recent year for which data is available, 
Panama's exports of the sugar and syrup goods and sugar-containing 
products described above exceeded its imports of those goods by 30,280 
metric tons according to data published by National Institute of 
Statistics and Census, Office of the General Comptroller of Panama. 
Based on this data, USTR determines that Panama's trade surplus is 
30,280 metric tons. The specific quantity set out in U.S. Note 35(c) to 
subchapter XXII of HTS chapter 98 for Panama for CY 2016 is 525 metric 
tons. Therefore, in accordance with that note, the aggregate quantity 
of goods of Panama that may be entered duty-free under subheading 
9822.09.17 in CY 2016 is 525 metric tons (i.e., the amount that is the 
lesser of Panama's trade surplus and

[[Page 77079]]

the specific quantity set out in that note for Panama for CY 2016).

Darci L. Vetter,
Chief Agricultural Negotiator, Office of the United States Trade 
Representative.
[FR Doc. 2015-31192 Filed 12-10-15; 8:45 am]
 BILLING CODE 3290-F6-P