51436 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices 

• Respondents: Individuals or 

Households. 

• Estimated Number of Respondents: 

9,217,667. 

• Estimated Number of Responses: 

9,217,667. 

• Average Time per Response: 85 

minutes. 

• Total Estimated Burden Time: 

13,058,362 hours. 

• Frequency: On occasion. 

• Obligation to Respond: Required to 

Obtain or Retain a Benefit. 

We are soliciting public comments to 

permit the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department. 

• Evaluate the accuracy of our 

estimate of the time and cost burden for 

this proposed collection, including the 

validity of the methodology and 

assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of information 

technology. 

Please note that comments submitted 

in response to this Notice are public 

record. Before including any detailed 

personal information, you should be 

aware that your comments as submitted, 

including your personal information, 

will be available for public review. 

Abstract of Proposed Collection 

The DS–11 solicits data necessary for 

Passport Services to issue a United 

States passport (book and/or card 

format) pursuant to authorities granted 

to the Secretary of State by 22 U.S.C. 

211a et seq., and Executive Order (E.O.) 

11295 (August 5, 1966) for the issuance 

of passports to U.S. nationals. The 

issuance of U.S. passports requires the 

determination of identity, nationality, 

and entitlement with reference to the 

provisions of Title III of the Immigration 

and Nationality Act (INA) (8 U.S.C. 

1401–1504), the 14th Amendment to the 

Constitution of the United States, other 

applicable treaties and laws, and 

implementing regulations at 22 CFR 

parts 50 and 51. The specific regulations 

pertaining to the Application for a U.S. 

Passport are at 22 CFR 51.20 through 

51.28. 

This form has been amended based on 

a change in Department policy. The 

Department’s new policy permits 

passport applicants to select the gender 

marker on their passport without 

presenting medical documentation of 

gender transition. This policy change 

includes updating forms to add a third 

gender marker ‘‘X’’ for applicants 

identifying as non-binary, intersex, and/ 

or gender non-conforming (in addition 

to the existing ‘‘M’’ and ‘‘F’’ gender 

markers). 

Methodology 

The information collected on the DS– 

11 is used to facilitate the issuance of 

passports to U.S. citizens and nationals. 

The primary purpose of soliciting the 

information is to establish citizenship, 

identity, and entitlement to the issuance 

of a U.S. passport, and to properly 

administer and enforce the laws 

pertaining to the issuance thereof. 

Passport Services collects information 

from U.S. citizens and non-citizen 

nationals when they complete and 

submit the Application for a U.S. 

Passport. Passport applicants can either 

download the DS–11 from the internet 

or obtain one from an Acceptance 

Facility/Passport Agency or U.S. 

embassy/consulate abroad. The form 

must be completed and executed at an 

acceptance facility, passport agency, or 

U.S. embassy/consulate (if abroad), and 

submitted with evidence of citizenship 

and identity. 

Rachel M. Arndt, 

Deputy Assistant Secretary, Bureau of 

Consular Affairs, Passport Services, 

Department of State. 

[FR Doc. 2021–19835 Filed 9–14–21; 8:45 am] 

BILLING CODE 4710–06–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2021–0016] 

Request for Comments on Significant 

Foreign Trade Barriers for the National 

Trade Estimate Report 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: The Office of the United 

States Trade Representative (USTR), 

through the Trade Policy Staff 

Committee (TPSC), publishes the 

National Trade Estimate Report on 

Foreign Trade Barriers (NTE Report) 

each year. USTR invites comments to 

assist it and the TPSC in identifying 

significant barriers to U.S. exports of 

goods and services, U.S. foreign direct 

investment, and the protection and 

enforcement of intellectual property 

rights for inclusion in the NTE Report. 

USTR also will consider responses to 

this notice as part of the annual review 

of the operation and effectiveness of all 

U.S. trade agreements regarding 

telecommunications products and 

services that are in force with respect to 

the United States. 

DATES: October 26, 2021 at midnight 

EST: Deadline for submission of 

comments. 

ADDRESSES: USTR strongly prefers 

electronic submissions made through 

the Federal eRulemaking Portal: http:// 

www.regulations.gov (Regulations.gov). 

The instructions for submitting 

comments are in section IV below. The 

docket number is USTR–2021–0016. For 

alternatives to online submissions, 

please contact Spencer Smith at 

Spencer.L.Smith2@ustr.eop.gov or (202) 

395–2974 before transmitting a 

comment and in advance of the 

deadline. 

FOR FURTHER INFORMATION CONTACT: 

Spencer Smith at Spencer.L.Smith2@

ustr.eop.gov or (202) 395–2974. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 181 of the Trade Act of 1974 

as amended (19 U.S.C. 2241), requires 

USTR annually to publish the NTE 

Report, which sets out an inventory of 

the most significant foreign barriers 

affecting U.S. exports of goods and 

services, including agricultural 

commodities, U.S. intellectual property, 

U.S. foreign direct investment by U.S. 

persons, especially if such investment 

has implications for trade in goods or 

services, and U.S. electronic commerce. 

The inventory facilitates U.S. 

negotiations aimed at reducing or 

eliminating these barriers and is a 

valuable tool in enforcing U.S. trade 

laws and strengthening the rules-based 

trading system. You can find the 2021 

NTE Report on USTR’s website at 

https://ustr.gov/about-us/policy-offices/ 

press-office/reports-and-publications. 

To ensure compliance with the statutory 

mandate for the NTE Report and the 

Administration’s commitment to focus 

on the most significant foreign trade 

barriers, USTR will take comments in 

response to this notice into account in 

deciding which restrictions to include 

in the NTE Report. 

II. Topics on Which the TPSC Seeks 

Information 

To assist USTR in preparing the NTE 

Report, commenters should submit 

information related to one or more of 

the following categories of foreign trade 

barriers: 

1. Import policies. Examples include 

tariffs and other import charges, 

quantitative restrictions, import 

licensing, pre-shipment inspection, 

customs barriers and shortcomings in 

trade facilitation or in valuation 


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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices 51437 

practices, and other market access 

barriers. 

2. Technical barriers to trade. 

Examples include unnecessarily trade 

restrictive or discriminatory standards, 

conformity assessment procedures, 

labeling, or technical regulations, 

including unnecessary or discriminatory 

technical regulations or standards for 

telecommunications products. 

3. Sanitary and phytosanitary 

measures. Examples include measures 

applied to protect food safety, or animal 

and plant life or health that are 

unnecessarily trade restrictive, 

discriminatory, or not based on 

scientific evidence. 

4. Government procurement 

restrictions. Examples include closed 

bidding and bidding processes that lack 

transparency. 

5. Intellectual property protection. 

Examples include inadequate patent, 

copyright, and trademark regimes, trade 

secret theft, and inadequate enforcement 

of intellectual property rights. 

6. Services. Examples include 

prohibitions or restrictions on foreign 

participation in the market, 

discriminatory licensing requirements 

or standards, local-presence 

requirements, and unreasonable 

restrictions on what services may be 

offered. 

7. Digital trade and electronic 

commerce. Examples include barriers to 

cross-border data flows, including data 

localization requirements, 

discriminatory practices affecting trade 

in digital products, restrictions on the 

provision of internet-enabled services, 

and other restrictive technology 

requirements. 

8. Investment. Examples include 

limitations on foreign equity 

participation and on access to foreign 

government-funded research and 

development programs, local content 

requirements, technology transfer 

requirements and export performance 

requirements, and restrictions on 

repatriation of earnings, capital, fees, 

and royalties. 

9. Subsidies, especially export 

subsidies and local content subsidies. 

Examples of export subsidies include 

subsidies contingent upon export 

performance, and agricultural export 

subsidies that displace U.S. exports in 

third country markets. Examples of local 

content subsidies include subsidies 

contingent on the purchase or use of 

domestic rather than imported goods. 

10. Competition. Examples include 

government-tolerated anticompetitive 

conduct of state-owned or private firms 

that restricts the sale or purchase of U.S. 

goods or services in the foreign 

country’s markets or abuse of 

competition laws to inhibit trade; 

fairness and due process concerns by 

companies involved in competition 

investigatory and enforcement 

proceedings in the country. 

11. State-owned enterprises. Examples 

include subsidies to and from industrial 

state-owned enterprises involved in the 

manufacture or production of nonagricultural goods or in the provision of 

services, as well as industrial stateowned enterprises that could contribute 

to overcapacity, or discriminating 

against foreign goods or services, acting 

inconsistently with commercial 

considerations in the purchase and sale 

of goods and services in cases in which 

these polices constitute significant 

barriers to, or distortions of, U.S. 

exports of goods and services, U.S. 

investment, or U.S. electronic 

commerce, which may negatively affect 

U.S. firms and workers. 

12. Labor. Examples include concerns 

with failures by a government to protect 

internationally recognized worker 

rights, including through failures to 

eliminate forced labor, or failures to 

eliminate discrimination in respect of 

employment or occupation, in cases 

where these failures influence trade 

flows or investment decisions in ways 

that constitute significant barriers to, or 

distortions of, U.S. exports of goods and 

services, U.S. investment, or U.S. 

electronic commerce, which may 

negatively affect U.S. firms and workers. 

Internationally recognized worker rights 

include the right of association; the right 

to organize and bargain collectively; a 

prohibition on the use of any form of 

forced or compulsory labor; a minimum 

age for the employment of children, and 

a prohibition on the worst forms of 

child labor; and acceptable conditions 

of work with respect to minimum 

wages, hours of work, and occupational 

safety and health. 

13. Environment. Examples include 

concerns with a government’s levels of 

environmental protection, unsustainable 

stewardship of natural resources, and 

harmful environmental practices that 

constitute significant barriers to, or 

distortions of, U.S. exports of goods and 

services, U.S. investment, or U.S. 

electronic commerce, which may 

negatively affect U.S. firms and workers. 

14. Other barriers. Examples include 

barriers that encompass more than one 

category, such as bribery and 

corruption, or that affect a single sector. 

Commenters should submit 

information related to one or more of 

the following export markets to be 

covered in the report: Algeria, Angola, 

the Arab League, Argentina, Australia, 

Bahrain, Bangladesh, Bolivia, Brazil, 

Brunei, Cambodia, Canada, Chile, 

China, Colombia, Costa Rica, Cote 

d’Ivoire, Dominican Republic, Ecuador, 

Egypt, El Salvador, Ethiopia, the 

European Union, Ghana, Guatemala, 

Honduras, Hong Kong, India, Indonesia, 

Israel, Japan, Jordan, Kenya, Korea, 

Kuwait, Laos, Malaysia, Mexico, 

Morocco, New Zealand, Nicaragua, 

Nigeria, Norway, Oman, Pakistan, 

Panama, Paraguay, Peru, the 

Philippines, Qatar, Russia, Saudi 

Arabia, Singapore, South Africa, 

Switzerland, Taiwan, Thailand, Tunisia, 

Turkey, Ukraine, United Arab Emirates, 

United Kingdom, Uruguay, and 

Vietnam. 

In addition, section 1377 of the 

Omnibus Trade and Competitiveness 

Act of 1988 (19 U.S.C. 3106) (Section 

1377) requires USTR annually to review 

the operation and effectiveness of U.S. 

telecommunications trade agreements 

that are in force with respect to the 

United States. The purpose of the 

review is to determine whether any 

foreign government that is a party to one 

of those agreements is failing to comply 

with that government’s obligations or is 

otherwise denying, within the context of 

a relevant agreement, ‘‘mutually 

advantageous market opportunities’’ to 

U.S. telecommunication products or 

services suppliers. USTR will consider 

responses to this notice in the review 

called for in Section 1377. 

Commenters should place particular 

emphasis on any practices that may 

violate U.S. trade agreements. USTR 

also is interested in receiving new or 

updated information pertinent to the 

barriers covered in the 2021 NTE Report 

as well as information on new barriers. 

If USTR does not include in the 2022 

NTE Report information that it receives 

pursuant to this notice, it will maintain 

the information for potential use in 

future discussions or negotiations with 

trading partners. 

III. Estimate of Increase in Exports 

Each comment should include an 

estimate of the potential increase in U.S. 

exports, foreign direct investment, or 

electronic commerce that would result 

from removing any foreign trade barrier 

the comment identifies, as well as a 

description of the methodology the 

commenter used to derive the estimate. 

Commenters should express estimates 

within the following value ranges: Less 

than $25 million; $25 million to $100 

million; $100 million to $500 million; 

and over $500 million. 

IV. Requirements for Submissions 

Persons submitting written comments 

must do so in English and must identify 

on the first page of the submission 

‘Comments Regarding Foreign Trade 


khammond on DSKJM1Z7X2PROD with NOTICES
51438 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Notices 

1The California HSR System would be 

implemented in two phases. Phase 1 would connect 

San Francisco to Los Angeles and Anaheim via the 

Pacheco Pass and the southern Central Valley. 

Phase 2 would extend the HSR system from the 

Central Valley (starting at the Merced Station) to the 

state’s capital in Sacramento and from Los Angeles 

to San Diego. 

Barriers to U.S. Exports for 2022 

Reporting.’ Commenters providing 

information on foreign trade barriers in 

more than one country should, 

whenever possible, provide a separate 

submission for each country. 

The submission deadline is Tuesday, 

October 26, 2021, at midnight EST. 

USTR strongly encourages commenters 

to make online submissions, using 

Regulations.gov. To submit comments 

via Regulations.gov, enter docket 

number USTR–2021–0016 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 and click 

on the link entitled ‘comment now.’ For 

further information on using 

Regulations.gov, please consult the 

resources provided on the website by 

clicking on ‘How to Use 

Regulations.gov’ on the bottom of the 

home page. 

Regulations.gov allows users to 

submit comments by filling in a ‘type 

comment’ field, or by attaching a 

document using an ‘upload file’ field. 

USTR prefers that you provide 

comments in an attached document. If 

you attach a document, please identify 

the name of the country to which the 

submission pertains in the ‘type 

comment’ field, e.g., see attached 

comments with respect to (name of 

country). USTR prefers submissions in 

Microsoft Word (.doc) or Adobe Acrobat 

(.pdf). If you use an application other 

than those two, please indicate the 

name of the application in the ‘type 

comment’ field. 

Filers submitting comments 

containing no business confidential 

information (BCI) should name their file 

using the name of the person or entity 

submitting the comments. For any 

comments submitted electronically 

containing BCI, the file name of the 

business confidential version should 

begin with the characters ‘BCI.’ Clearly 

mark any page containing BCI with 

‘BUSINESS CONFIDENTIAL’ on the top 

of that page. Filers of submissions 

containing BCI also must submit a 

public version of their comments that 

USTR will place in the docket for public 

inspection. The file name of the public 

version should begin with the character 

‘P.’ Follow the ‘BCI’ and ‘P’ with the 

name of the person or entity submitting 

the comments. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the submission itself, not as 

separate files. 

As noted, USTR strongly urges that 

you file submissions through 

Regulations.gov. You must make any 

alternative arrangements with Spencer 

Smith at Spencer.L.Smith2@ustr.eop.gov 

or (202) 395–2974 before transmitting a 

comment and in advance of the 

deadline. 

USTR will post comments in the 

docket for public inspection, except 

properly designated BCI. You can view 

comments on the Regulations.gov by 

entering docket number USTR–2021– 

0016 in the search field on the home 

page. General information concerning 

USTR is available at https://

www.ustr.gov. 

Edward Gresser, 

Chair of the Trade Policy Staff Committee, 

Office of the United States Trade 

Representative. 

[FR Doc. 2021–19934 Filed 9–14–21; 8:45 am] 

BILLING CODE 3290–F1–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Final Agency Actions on 

Proposed Railroad Project in 

California, on Behalf of the California 

High Speed Rail Authority 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

SUMMARY: FRA, on behalf of the 

California High-Speed Rail Authority 

(Authority), is issuing this notice to 

announce actions taken by the 

Authority that are final. By this notice, 

FRA is advising the public of the time 

limit to file a claim seeking judicial 

review of the actions related to a 

proposed railroad project, the California 

High-Speed Rail (HSR) Authority’s 

Bakersfield to Palmdale Project Section 

(Project). These actions grant approvals 

for project implementation pursuant to 

the National Environmental Policy Act 

(NEPA) and other laws, regulations, and 

executive orders. 

DATES: A claim seeking judicial review 

of the agency actions on the Project will 

be barred unless the claim is filed on or 

before September 15, 2023. If the 

Federal law that authorizes judicial 

review of a claim provides a time period 

of less than 2 years for filing such claim, 

then that shorter time period applies. 

FOR FURTHER INFORMATION CONTACT: 

For the Authority: Scott Rothenberg, 

NEPA Assignment Manager, 

Environmental Services, California 

High-Speed Rail Authority, telephone: 

(916) 403–6936; email: 

Scott.Rothenberg@hsr.ca.gov. 

For FRA: Marlys Osterhues, Division 

Chief, Environment and Project 

Engineering, RPD, telephone: (202) 493– 

0413; email: Marlys.Osterhues@dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 23, 2019, FRA assigned, and the 

State of California acting through the 

Authority assumed, environmental 

responsibilities for the California HSR 

System pursuant to 23 U.S.C. 327. 

Notice is given that the Authority has 

taken final agency actions subject to 23 

U.S.C. 139(l)(1) and 49 U.S.C. 

24201(a)(4) by issuing approvals for the 

Project. 

The purpose of the California HSR 

System 1 is to provide a reliable, highspeed, electric-powered train system 

that links the major metropolitan areas 

of California, delivering predictable and 

consistent travel times. A further 

objective is to provide an interface with 

commercial airports, mass transit, and 

the highway network, and to relieve 

capacity constraints of the existing 

transportation system as increases in 

intercity travel demand in California 

occur, in a manner sensitive to and 

protective of California’s unique natural 

resources. The Authority has selected 

Alternative 2 with the Refined Ce ́sar E. 

Cha ́vez National Monument Design 

Option, Avenue M Maintenance Site 

and Maintenance-of-Way Facility, and 

the Palmdale Station identified in the 

Final Environmental Impact Statement 

(Final EIS) for the Project because the 

Selected Alternative (1) best satisfies the 

Purpose, Need, and Objectives for the 

Project and (2) minimizes impacts on 

the natural and human environment by 

utilizing an existing transportation 

corridor where practicable and 

incorporating mitigation measures. The 

actions by the Authority, and the laws 

under which such actions were taken, 

are described in the Record of Decision 

(ROD) and Final EIS on the Project, 

approved on September 3, 2021. The 

ROD, Final EIS, and other documents 

are available online in PDF at the 

Authority’s website (www.hsr.ca.gov) 

and on CD–ROM by calling (916) 324– 

1541. 

The notice applies to the ROD, Final 

EIS, and all other Federal agency 

decisions with respect to the Project as 

of the issuance date of this notice and 


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