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]
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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:
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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
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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
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(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
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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
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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
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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
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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
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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: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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
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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
