Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 12401 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

(3) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax. A 

non-confidential summary of the 

confidential information must be 

submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Pursuant to section 127(e) of the 

URAA (19 U.S.C. 3537(e)), USTR will 

maintain a docket on this dispute 

settlement proceeding accessible to the 

public. The public file will include nonconfidential comments received by 

USTR from the public with respect to 

the dispute. If a dispute settlement 

panel is convened or in the event of an 

appeal from such a panel, the U.S. 

submissions, any non-confidential 

submissions, or non-confidential 

summaries of submissions, received 

from other participants in the dispute, 

will be made available to the public on 

USTR’s Web site at http://www.ustr.gov, 

and the report of the panel, and, if 

applicable, the report of the Appellate 

Body, will be available on the Web site 

of the World Trade Organization, 

http://www.wto.org. Comments open to 

public inspection may be viewed on the 

http://www.regulations.gov Web site. 

Bradford Ward, 

Acting Assistant United States Trade 

Representative for Monitoring and 

Enforcement. 

[FR Doc. 2011–5082 Filed 3–4–11; 8:45 am] 

BILLING CODE 3190–W1–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Dispute No. WTO/DS413] 

WTO Dispute Settlement Proceeding 

Regarding China—Certain Measures 

Affecting Electronic Payment Services 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice; request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (‘‘USTR’’) is 

providing notice that on February 11, 

2011, the United States requested 

establishment of a dispute settlement 

panel under the Marrakesh Agreement 

Establishing the World Trade 

Organization (‘‘WTO Agreement’’) with 

the People’s Republic of China (‘‘China’’) 

concerning certain restrictions and 

requirements maintained by China 

affecting electronic payment services for 

payment card transactions and the 

suppliers of those services. That request 

may be found at http://www.wto.org 

contained in a document designated as 

WT/DS413/2. USTR invites written 

comments from the public concerning 

the issues raised in this dispute. 

DATES: Although USTR will accept any 

comments received during the course of 

the dispute settlement proceedings, 

comments should be submitted on or 

before May 2, 2011, to be assured of 

timely consideration by USTR. 

ADDRESSES: Public comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2010–026. If you are unable to 

provide submissions to http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. If (as explained below) the 

comment contains confidential 

information, then the comment should 

be submitted by fax only to Sandy 

McKinzy at (202) 395–3640. 

FOR FURTHER INFORMATION CONTACT: 

Frank J. Schweitzer, Associate General 

Counsel, Office of the United States 

Trade Representative, 600 17th Street, 

NW., Washington, DC 20508, (202) 395– 

3150. 

SUPPLEMENTARY INFORMATION: Section 

127(b)(1) of the Uruguay Round 

Agreements Act (URAA) (19 U.S.C. 

3537(b)(1)) requires that notice and 

opportunity for comment be provided 

after the United States submits or 

receives a request for establishment of a 

WTO dispute settlement panel. 

Consistent with this obligation, USTR is 

providing notice that it has requested a 

panel pursuant to the WTO 

Understanding on Rules and Procedures 

Governing the Settlement of Disputes 

(‘‘DSU’’). Once it is established, the 

panel will hold its meetings in Geneva, 

Switzerland, and would be expected to 

issue a report on its findings and 

recommendations within nine months 

of its establishment. 

Major Issues Raised by the United 

States 

On September 15, 2010, the United 

States requested consultations with 

China concerning issues relating to 

certain restrictions and requirements 

maintained by China affecting electronic 

payment services for payment card 

transactions and the suppliers of those 

services. Electronic payment services 

involve the services through which 

transactions involving credit card, debit 

card, charge card, check card, 

automated teller machine (‘‘ATM’’) card, 

prepaid card, or other similar card or 

money transmission product, are 

processed and through which transfers 

of funds between institutions 

participating in the transactions are 

managed and facilitated. In the financial 

services sector, as set out in China’s 

Schedule of Specific Commitments on 

Services annexed to the Protocol on the 

Accession of the People’s Republic of 

China, China undertook both market 

access and national treatment 

commitments with respect to these 

services. 

Despite its GATS commitments, 

China imposes market access 

restrictions and requirements on service 

suppliers of other Members seeking to 

supply electronic payment services in 

China. China UnionPay (‘‘CUP’’), a 

Chinese entity, is the only entity that 

China permits to supply electronic 

payment services for payment card 

transactions denominated and paid in 

renminbi (‘‘RMB’’) in China. China also 

requires the handling by CUP of all 

RMB transactions in Macao or Hong 

Kong using payment cards issued in 

Mainland China, as well as any RMB 

transactions in Mainland China using 

RMB payment cards issued in Hong 

Kong, China or Macao, China. 

In addition, China requires all 

payment card processing devices at 

merchant locations, all ATMs, and all 

point-of-sale (‘‘POS’’) terminals in China 

to be compatible with CUP’s system and 

capable of accepting CUP payment 

cards. China also requires that all 

acquiring institutions post the CUP logo 

and be capable of accepting all payment 

cards bearing the CUP logo. China 

further requires that all payment cards, 

including ‘‘dual currency’’ cards, issued 

in China capable of being used for 

transactions denominated and paid in 

RMB bear the CUP logo. These measures 

do not impose similar requirements 

regarding non-CUP payment cards or to 

transactions using non-CUP payment 

cards. China also requires that all interbank transactions involving payment 

cards be handled through CUP. China 

prohibits the use of non-CUP payment 

cards for cross-region or inter-bank 

transactions. 

The United States considers that these 

measures are inconsistent with China’s 

obligations under GATS Article XVI:1 to 

accord services and services suppliers of 

any other Member treatment no less 

favorable than that provided for in 


srobinson on DSKHWCL6B1PROD with NOTICES
12402 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 

China’s Schedule and that China is 

maintaining or adopting measures set 

out in Article XVI:2. The United States 

also considers that these measures are 

inconsistent with China’s obligations 

under GATS Article XVII to accord to 

services and service suppliers of any 

other Member treatment no less 

favorable than that it accords to its own 

like services and service suppliers. 

In its request for the establishment of 

a panel, the United States identified the 

following instruments through which 

the United States understands that 

China maintains these measures: 

• Measures for the Administration of 

Bank Card Business by the People’s 

Bank of China (Yinfa [1999] 17), issued 

on 27 January 1999; 

• Circular of the People’s Bank of 

China on Promulgation of Opinions on 

Implementation of Joint Work in Bank 

Card Interoperability in 2001 (Yinfa 

[2001] 37) issued on 19 February 2001; 

• Circular on Uniform Use of CUP 

Logo and its Holographic Label for Anticounterfeiting by the People’s Bank of 

China (Yinfa, [2001] 57), issued on 13 

March 2001; 

• Notice of Circulating the Bank Card 

Connection Business Standard by the 

People’s Bank of China (Yinfa [2001] 

76), issued 29 March 2001, including 

but not limited to the Appendix, 

Business Practices for the Interoperable 

Service of Bank Cards 

• Opinions on Bank Card 

Interoperability Related Work in 2002 

by the People’s Bank of China (Yinfa 

[2002] 94), issued on 5 April 2002; 

• Circular regarding Issues 

concerning Bank Card Interoperability 

Related Work by the People’s Bank of 

China (Yinfa [2002] 272), issued on 29 

August 2002; 

• Circular on Further Improving Bank 

Card Interoperability Related Work by 

the People’s Bank of China (Yinfa [2003] 

129), issued on 2 July 2003; 

• Announcement of Clearing 

Arrangements Provided by Banks in 

relation to Individuals’ Deposits, 

Exchanges, Bank Card and Remittance 

in RMB in Hong Kong (PBOC 

Announcement [2003] 16), issued on 19 

November 2003; 

• Circular on Regulating the 

Administration of Foreign Currency 

Bank Cards by the State Administration 

of Foreign Exchange Circular (Huifa 

[2004] 66), issued on 30 June 2004; 

• Announcement of Clearing 

Arrangements Provided by Banks in 

relation to Individuals’ Deposits, 

Exchanges, Bank Cards and Remittance 

in RMB in Macao (PBOC 

Announcement [2004] 8), issued on 3 

August 2004; 

• Notice of the People’s Bank of 

China concerning Relevant Issues on 

Accepting and Using Renminbi Bank 

Cards in Border Areas (Yinfa [2004] 

219), issued on 21 September 2004; 

• Circular regarding Issues 

concerning Individual RMB Business 

Handled by Banks in Mainland China 

and Banks in Hong Kong and Macao by 

the People’s Bank of China (Yinfa [2004] 

254), issued on 28 October 2004; 

• Some Opinions of the People’s 

Bank of China, the National Reform and 

Development Commission, the Ministry 

of Public Security, the Ministry of 

Finance, the Ministry of Information 

Industry, the Ministry of Commerce, the 

Station Administration of Taxation, 

China Banking Regulatory Commission 

and the State Administration of Foreign 

Exchange on Promoting the 

Development of Bank Card Industry 

Some Opinions of the People’s Bank of 

China, the National Reform and 

Development Commission, the Ministry 

of Public Security, the Ministry of 

Finance, the Ministry of Information 

Industry, the Ministry of Commerce, the 

Station Administration of Taxation, 

China Banking Regulatory Commission 

and the State Administration of Foreign 

Exchange on Promoting the 

Development of Bank Card Industry 

(Yinfa [2005] 103), issued 24 April 2005; 

• Guiding Opinions of the People’s 

Bank of China on Regulating and 

Promoting the Development of Bank 

Card Acceptance Market (Yinfa [2005] 

153), issued on 16 June 2005; 

• Notice of the People’s Bank of 

China on the Relevant Issues concerning 

Strengthening the Administration of 

Oversea Business Acceptance of Bank 

Cards (Yinfa [2007] 273), issued on 6 

August 2007; 

• Notice of the China Banking 

Regulatory Commission on the Issues 

Concerning Wholly Foreign-funded and 

Chinese-foreign Equity Joint Banks in 

Conducting the Bank Card Business 

(Yin Jian Fa [2007] 49), issued 6 June 

2007; 

• Notice of the People’s Bank of 

China, the China Banking Regulatory 

Commission, the Ministry of Public 

Security and the State Administration 

for Industry and Commerce on 

Strengthening the Safety Management of 

Bank Cards and Preventing and 

Combating Bank Card Crimes (Yinfa 

[2009] 142), issued 27 April 2009; 

• The Opinions of the Standing Office 

of the People’s Bank of China on the 

Circular on Strengthening the Safety 

Management of Bankcards and 

Preventing and Fighting Crimes in Bank 

Cards by the People’s Bank of China, the 

China Banking Regulatory Commission, 

the Ministry of Public Security and the 

State Administration for Industry and 

Commerce (Yinfa [2009] 149), issued 1 

August 2009; 

• Notice of the State Administration 

of Foreign Exchange on the Management 

of Foreign Currency Bank Cards [2010] 

53, issued 11 October 2010; and 

• The ‘‘business specifications’’ and 

‘‘technical standards’’ that are identified 

in the instruments above, including in 

Document No. 17, Document No. 57, 

Document No. 129, and Document No. 

49; 

• As well as any amendments, or any 

related implementing measures, as of 

the date of the panel request. 

Public Comment: Requirements for 

Submissions 

Interested persons are invited to 

submit written comments concerning 

the issues raised in this dispute. Persons 

may submit public comments 

electronically to http:// 

www.regulations.gov, docket number 

USTR–2010–0026. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. 

To submit comments via 

www.regulations.gov, enter docket 

number USTR–2010–0026 on the home 

page and click ‘‘search’’. The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Submit a Comment.’’ (For 

further information on using the 

http://www.regulations.gov Web site, 

please consult the resources provided 

on the Web site by clicking on ‘‘How to 

Use This Site’’ on the left side of the 

home page.) 

The www.regulations.gov site 

provides the option of providing 

comments by filling in a ‘‘Type 

Comment and Upload File’’ field, or by 

attaching a document. It is expected that 

most comments will be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type Comment and 

Upload File’’ field. 

A person requesting that information 

contained in a comment submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such and the submission must be 

marked ‘‘BUSINESS CONFIDENTIAL’’ at 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 12403 

the top and bottom of the cover page 

and each succeeding page. Any 

comment containing business 

confidential information must be 

submitted by fax to Sandy McKinzy at 

(202) 395–3640. A non-confidential 

summary of the confidential 

information must be submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Information or advice contained in a 

comment submitted, other than business 

confidential information, may be 

determined by USTR to be confidential 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

(3) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax to 

Sandy McKinzy at (202) 395–3640. A 

non-confidential summary of the 

confidential information must be 

submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Pursuant to section 127(e) of the 

URAA (19 U.S.C. 3537(e)), USTR will 

maintain a docket on this dispute 

settlement proceeding accessible to the 

public. The public file will include nonconfidential comments received by 

USTR from the public with respect to 

the dispute. If a dispute settlement 

panel is convened or in the event of an 

appeal from such a panel, the U.S. 

submissions, any non-confidential 

submissions, or non-confidential 

summaries of submissions, received 

from other participants in the dispute, 

will be made available to the public on 

USTR’s Web site at www.ustr.gov, and 

the report of the panel, and, if 

applicable, the report of the Appellate 

Body, will be available on the Web site 

of the World Trade Organization, 

http://www.wto.org. Comments open to 

public inspection may be viewed on the 

http://www.regulations.gov Web site. 

Bradford Ward, 

Acting Assistant United States Trade 

Representative for Monitoring and 

Enforcement. 

[FR Doc. 2011–5121 Filed 3–4–11; 8:45 am] 

BILLING CODE 3190–W1–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Office of Commercial Space 

Transportation; Notice of Availability 

of the Finding of No Significant Impact 

(FONSI) for Actions Related to the 

Renewal of a Launch Operator License 

for Delta II Expendable Launch 

Vehicles at Cape Canaveral Air Force 

Station, Florida 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation. 

ACTION: Notice of availability of the 

FONSI. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969 (NEPA), 42 U.S.C. 4321–4347 (as 

amended), Council on Environmental 

Quality NEPA implementing regulations 

(40 Code of Federal Regulations [CFR] 

Parts 1500 to 1508), and FAA Order 

1050.1E, Change 1, the FAA is 

announcing the availability of a FONSI, 

based on the analysis and findings of 

the May 1988 United States Air Force 

(USAF) Medium Launch Vehicle 

Environmental Assessment (EA), Cape 

Canaveral Air Force Station (CCAFS), 

Florida. The 1988 EA evaluates the 

potential environmental impacts of 

renovating Launch Complex (LC)–17 

and other support facilities at CCAFS to 

support 12 annual launches of the Delta 

II vehicle. USAF issued a FONSI, which 

concluded that the environmental 

impacts associated with their Proposed 

Action would not significantly impact 

the quality of the human environment, 

and therefore the preparation of an 

Environmental Impact Statement (EIS) 

was not required. Under the FAA’s 

Proposed Action as stated in the FONSI, 

the FAA would renew a Launch 

Operator License to Orbital Sciences 

Corporation for the continued operation 

of Delta II expendable launch vehicles at 

CCAFS. A Launch Operator License 

would authorize launches of Delta II 

vehicles over the 5-year term of the 

license. 

In accordance with the requirements 

of FAA Order 1050.1E, Change 1, 

paragraph 410, the FAA has 

independently evaluated the 

information contained in the 1988 EA 

and has verified the continued validity 

of the analysis contained in the EA. The 

FAA has determined that the 1988 EA 

sufficiently addresses the concerns of 

the FAA and complies with FAA 

requirements for implementing NEPA as 

stated in FAA Order 1050.1E, Change 1. 

The FAA has determined that there is 

no new information or analysis that 

would require preparation of a new or 

supplemental EA or EIS according to the 

CEQ Regulations (40 CFR 1502.9(c)(1)). 

Therefore, the FAA issues the FONSI 

concurring with the analysis of impacts 

and findings in the 1988 EA and 

formally adopts the EA in compliance 

with the requirements of 40 CFR 1506.3 

to support renewing a Launch Operator 

License to Boeing for the continued 

operation of Delta II expendable launch 

vehicles at CCAFS. The 1988 EA is 

incorporated by reference and is 

summarized as necessary in the FONSI. 

The FAA has posted the FONSI on the 

Internet at http://www.faa.gov/about/

office_org/headquarters_offices/ast/. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel Czelusniak, Environmental 

Program Lead, Office of Commercial 

Space Transportation, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Room 325, Washington, 

DC 20591, telephone (202) 267–5924; Email daniel.czelusniak@faa.gov. 

Issued in Washington, DC on March 1, 

2011. 

Michael McElligott, 

Manager, Space Systems Development 

Division. 

[FR Doc. 2011–5113 Filed 3–4–11; 8:45 am] 

BILLING CODE 4310–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Office of Commercial Space 

Transportation; Notice of Availability 

of the Finding of No Significant Impact 

(FONSI) for Actions Related to the 

Renewal of a Launch Operator License 

for Pegasus Expendable Launch 

Vehicles at Wallops Flight Facility, 

Virginia 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation. 

ACTION: Notice of Availability of the 

FONSI. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969 (NEPA), 42 U.S.C. 4321–4347 (as 

amended), Council on Environmental 

Quality NEPA implementing regulations 

(40 Code of Federal Regulations [CFR] 

parts 1500 to 1508), and FAA Order 

1050.1E, Change 1, the FAA is 

announcing the availability of a FONSI, 

based on the analysis and findings of 

the January 2005 National Aeronautics 

and Space Administration (NASA) Final 

Site-Wide Environmental Assessment 

(EA) for Wallops Flight Facility, Virginia 

(hereafter referred to as the 2005 EA). 

The 2005 EA evaluates the potential 


srobinson on DSKHWCL6B1PROD with NOTICES