6732 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices 

1See Port R.Rs.—Lease & Operation Exemption— 

S. Pac. Transp. Co., FD 32457 (ICC served Mar. 14, 

1994) (authorizing lease of approximately 107.438 

miles of line); San Joaquin Valley R.R.—Corp. 

Family Transaction Exemption—Port R.Rs., FD 

32906 (STB served May 3, 1996). According to the 

verified notice, the milepost designations differ 

slightly from the Original Lease, reflecting updated 

mileposts on the Lines. 

2A copy of the Lease with the interchange 

commitment was submitted under seal. See 49 CFR 

1150.43(h)(1). 

at or near Ingle, Cal.; (2) the Westside 

Branch (Lower Los Banos) from Ingle, 

milepost 181.9 to Fresno, Cal., at 

milepost 207.0 and including the 

Riverdale Branch from Ingle, milepost 

181.8 to the end of the track at or near 

milepost 206.2 at Burrell, Cal.; (3) the 

Buttonwillow Branch from Kern Jct., 

Cal., milepost 316.3 to Gosford, Cal., 

milepost 322.6; and (4) the 

Buttonwillow Branch from Gosford, 

milepost 322.6 to the end of the track at 

or near Buttonwillow, Cal., milepost 

346.3. 

According to SJVR, it has entered into 

a lease with UP (the Lease) to replace a 

1994 lease (the Original Lease) between 

UP’s predecessor company, Southern 

Pacific Transportation Company, and 

SJVR, as an assignee of Port Railroads, 

Inc., and that SJVR is currently the 

operator of the Lines under the Original 

Lease.1 SJVR states that it entered the 

Lease with UPRR on December 28, 2020, 

to further extend the term of the 

Original Lease and make other 

commercial revisions and that SJVR will 

continue to be the operator after the 

transaction. 

SJVR certifies that the Lease contains 

an interchange commitment.2

Accordingly, SJVR has provided 

additional information regarding the 

interchange commitment, as required by 

49 CFR 1150.43(h). 

SJVR certifies that its projected 

revenues as a result of the transaction 

will not exceed those that would qualify 

it as a Class III carrier but also certifies 

that its revenues currently exceed $5 

million. Pursuant to 49 CFR 1150.42(e), 

if a carrier’s projected annual revenues 

will exceed $5 million, it must, at least 

60 days before the exemption becomes 

effective, post a notice of its intent to 

undertake the proposed transaction at 

the workplace of the employees on the 

affected lines, serve a copy of the notice 

on the national offices of the labor 

unions with employees on the affected 

lines, and certify to the Board that it has 

done so. However, SJVR’s verified 

notice includes a request for waiver of 

the 60-day advance labor notice 

requirements. SJVR’s waiver request 

will be addressed in a separate decision. 

The Board will establish the effective 

date of the exemption in its separate 

decision on the waiver request. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than January 29, 2021. 

All pleadings, referring to Docket No. 

FD 36466, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, a copy of each pleading must 

be served on SJVR’s representative, Eric 

M. Hocky, Clark Hill PLC, Two 

Commerce Square, 2001 Market St., 

Suite 2620, Philadelphia, PA 19103. 

According to SJVR, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic preservation 

reporting requirements under 49 CFR 

1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: January 15, 2021. 

By the Board, Allison C. Davis, Director, 

Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2021–01356 Filed 1–21–21; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2020–0037] 

Notice of Determination Pursuant to 

Section 301: Vietnam’s Acts, Policies, 

and Practices Related to Currency 

Valuation 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice. 

SUMMARY: The U.S. Trade 

Representative has determined that 

Vietnam’s acts, policies, and practices 

related to currency valuation, including 

excessive foreign exchange market 

interventions and other related actions, 

taken in their totality, are unreasonable 

and burden or restrict U.S. commerce, 

and thus actionable under Section 301. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning the investigation, 

contact Michael T. Gagain, Assistant 

General Counsel, 202–395–9529, or 

Marta M. Prado, Deputy Assistant U.S. 

Trade Representative for Southeast Asia 

and the Pacific, 202–395–6216. 

SUPPLEMENTARY INFORMATION: 

I. Proceedings in the Investigation 

On October 2, 2020, the U.S. Trade 

Representative initiated an investigation 

of Vietnam’s acts, policies, and practices 

related to the valuation of its currency 

pursuant to section 302(b)(1)(A) of the 

Trade Act of 1974, as amended (the 

Trade Act). See 85 FR 63637 (Oct. 8, 

2020) (notice of initiation). In the notice 

of initiation, USTR explained that the 

Government of Vietnam, through the 

State Bank of Vietnam, tightly manages 

the value of its currency, and that the 

State Bank of Vietnam’s management of 

Vietnam’s currency is closely tied to the 

U.S. dollar. USTR also explained that 

available analysis indicated that 

Vietnam’s currency had been 

undervalued over the past three years, 

and that available evidence indicated 

that Vietnam, through the State Bank of 

Vietnam, actively intervened in the 

exchange market, which contributed to 

the dong’s undervaluation in 2019. 

The notice of initiation solicited 

written comments regarding various 

issues in the investigation. Interested 

persons filed 66 written submissions in 

response to the notice of initiation. 

In a notice published on November 

25, 2020, USTR announced further 

opportunities for public input. See 85 

FR 75397 (Nov. 25, 2020) (hearing 

notice). In the hearing notice, USTR 

announced that the interagency Section 

301 Committee would hold a virtual 

public hearing on December 29, 2020, 

and that interested persons could 

submit post-hearing comments, 

addressed to any matter raised in the 

hearing testimony or prior written 

submissions, by January 7, 2021. In 

response to an inquiry from certain 

interested persons, USTR confirmed 

that post-hearing comments may 

address the December 16, 2020, 

Department of the Treasury report on 

Macroeconomic and Foreign Exchange 

Policies of Major Trading Partners of the 

United States. During the public 

hearing, 21 witnesses provided 

testimony and responded to questions. 

USTR received 18 written submissions 

following the hearing. 

The written submissions are publicly 

available on the docket in this 

investigation. A transcript of the public 

hearing is available on the public docket 

and is posted on USTR’s website. 

Under section 303 of the Trade Act, 

the U.S. Trade Representative requested 

consultations with the Government of 

Vietnam regarding the issues involved 

in the investigation. Consultations were 

held on December 23, 2020. 


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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices 6733 

II. Determination on the Acts, Policies, 

and Practices Under Investigation 

Based on information obtained during 

the investigation, and in consultation 

with the Department of the Treasury 

and other agencies represented on the 

Section 301 Committee, USTR has 

prepared and published a 

comprehensive report on Vietnam’s 

acts, policies, and practices related to 

the undervaluation of its currency (the 

Report). The Report, which is posted on 

the USTR website at https://ustr.gov/ 

issue-areas/enforcement/section-301- 

investigations/section-301-vietnam, 

includes a full discussion on whether 

the acts, policies, and practices under 

investigation are actionable under 

section 301(b) of the Trade Act. The 

Report supports a finding that Vietnam’s 

acts, policies, and practices related to 

currency valuation, including excessive 

foreign exchange market interventions 

and other related actions, taken in their 

totality, are unreasonable and burden or 

restrict U.S. commerce. 

In consultation with the Department 

of the Treasury, based on the 

information obtained during the 

investigation, and taking account of 

public comments and the advice of the 

Section 301 Committee and advisory 

committees, the U.S. Trade 

Representative has made the following 

determination under sections 301(b) and 

304(a) of the Trade Act (19 U.S.C. 

2411(b) and 2414(a)): As described in 

the Report, Vietnam’s acts, policies, and 

practices related to currency valuation, 

including excessive foreign exchange 

market interventions and other related 

actions, taken in their totality, are 

unreasonable and burden or restrict U.S. 

commerce, and thus actionable under 

Section 301(b) of the Trade Act. In 

particular: 

1. Vietnam’s acts, policies, and 

practices with respect to currency 

valuation, including excessive foreign 

exchange market interventions and 

other related actions, taken in their 

totality and as discussed in further 

detail in the Report, are unreasonable in 

light of U.S. and international norms 

that exchange rate policy should not be 

undertaken to gain an unfair 

competitive advantage in international 

trade, should not artificially enhance a 

country’s exports and restrict its imports 

in ways that do not reflect the 

underlying competitiveness, should not 

prevent exchange rates from reflecting 

underlying economic and financial 

conditions, and should not prevent 

balance of payments adjustment; 

2. Vietnam’s acts, policies, and 

practices that contribute to 

undervaluation of its currency through 

excessive foreign exchange market 

interventions and other related actions 

burden or restrict U.S. commerce; and, 

accordingly, 

3. The acts, policies, and practices 

under investigation are actionable under 

Section 301(b) of the Trade Act. 

III. Further Proceedings 

Sections 301(b) and 304(a)(1)(B) of the 

Trade Act provide that if the U.S. Trade 

Representative determines that an act, 

policy, or practice of a foreign country 

is unreasonable or discriminatory and 

burdens or restricts U.S. commerce, the 

U.S. Trade Representative shall 

determine what action, if any, to take 

under Section 301(b). These matters will 

be addressed in subsequent proceedings 

under Section 301. 

Juan Millan, 

Assistant U.S. Trade Representative for 

Monitoring and Enforcement, Office of the 

United States Trade Representative. 

[FR Doc. 2021–01352 Filed 1–21–21; 8:45 am] 

BILLING CODE 3290–F0–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Small Shipyard Grant Program; 

Application Deadlines 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice of Small Shipyard Grants 

Application Deadlines. 

SUMMARY: Under the Small Shipyard 

Grant Program, $19,600,000 is currently 

available for grants to: (1) Make capital 

and related improvements to qualified 

shipyard facilities that will be effective 

in fostering efficiency, competitive 

operations, and quality ship 

construction, repair, and 

reconfiguration, and (2) provide training 

for workers in shipbuilding, ship repair, 

and associated industries. This notice 

announces the intention of the Maritime 

Administration (MARAD) to provide for 

grants to small shipyards. Federal 

Assistance Listing Number: 20.814 

(formerly known as the Catalog of 

Federal Domestic Assistance Number). 

Potential applicants are advised that it 

is expected, based on experience, that 

the number of applications will far 

exceed the funds available and that only 

a small percentage of applications will 

be funded. Historically, the program has 

selected roughly 15–30 applications for 

funding with an average grant amount of 

about $1 million. 

Timing of Grant Applications 

In accordance with the statutory 

requirement at 46 U.S.C. 54101(f)(1) that 

applications must be submitted within 

60 days of the Consolidated 

Appropriations Act, 2021 (Pub. L. 116– 

260, December 27, 2020), applications 

must be received by MARAD by 5:00 

p.m. EST on February 25, 2021. 

Applications received later than this 

time will not be considered. The 

Administrator shall award grants under 

this section not later than 120 days after 

the date of the enactment of the 

appropriations Act for the fiscal year 

concerned. 

ADDRESSES: Grant Applications should 

be sent to the Associate Administrator 

for Business and Finance Development, 

Room W21–318, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Only applicants who comply with all 

submission requirements described in 

this notice will be eligible for award. 

FOR FURTHER INFORMATION CONTACT: For 

further information concerning this 

notice, please contact David M. Heller, 

Director, Office of Shipyards and 

Marine Engineering, Maritime 

Administration, Room W21–318, 1200 

New Jersey Avenue SE, Washington, DC 

20590; phone: (202) 366–5737; or fax: 

(202) 366–6988. 

SUPPLEMENTARY INFORMATION: Grants 

under MARAD’s Small Shipyard Grant 

Program may not be used to construct 

buildings or other physical facilities or 

to acquire land. Grant funds may be 

used for maritime training programs to 

foster employee skills and enhanced 

productivity related to shipbuilding, 

ship repair, and associated industries. 

Grants for such training programs may 

only be awarded to ‘‘Eligible 

Applicants’’ as described below, but 

training programs can be established 

through vendors to such applicants. 

Table of Contents 

A. Program Description 

B. Federal Award Information 

C. Eligibility Information 

D. Application and Submission Information 

E. Application Review Information 

F. Federal Award Administration 

Information 

G. Federal Awarding Agency Contacts 

H. Other Information 

A. Program Description 

The Small Shipyard Grant Program 

was authorized under Section 3501 of 

the National Defense Authorization Act 

for Fiscal Year 2020 (Pub. L. 116–92), 

codified at 46 U.S.C. 54101. The statute 

authorizes the Maritime Administrator 

to provide assistance in the form of 


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