53014 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices 

published a notice in the Federal 

Register of August 17, 2010 concerning 

Fiscal Year 2011 tariff-rate quota 

allocations of raw cane sugar, refined 

and special sugar, and sugar-containing 

products. USTR is revising the effective 

date of that notice to September 1, 2010 

from October 1, 2010. 

DATES: Effective Date: September 1, 

2010. 

ADDRESSES: Inquiries may be mailed or 

delivered to Leslie O’Connor, 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: 

Leslie O’Connor, Office of Agricultural 

Affairs, telephone: 202–395–6127 or 

facsimile: 202–395–4579. 

SUPPLEMENTARY INFORMATION: On August 

19, 2010, the Secretary of Agriculture 

announced that sugar entering the 

United States under the Fiscal Year 

2011 raw sugar tariff-rate quota will be 

permitted to enter the U.S. Customs 

Territory beginning September 1, 2010, 

a month earlier than the beginning of 

Fiscal Year 2011 on October 1, 2010. 

Accordingly, USTR is revising the 

effective date of its notice of allocation 

to accommodate the Secretary’s 

announcement. All other information 

contained in the August 17, 2010 USTR 

notice remains unchanged and will not 

be repeated in this notice. 

Ronald Kirk, 

United States Trade Representative. 

[FR Doc. 2010–21524 Filed 8–27–10; 8:45 am] 

BILLING CODE 3190–W0–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. USTR–2010–0015] 

Notice and Modification of Action: 

Canada—Compliance with Softwood 

Lumber Agreement 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice and modification of 

action. 

SUMMARY: Under the 2006 Softwood 

Lumber Agreement (SLA), Canada 

agreed to impose export measures on 

Canadian exports of softwood lumber 

products to the United States. At the 

request of the United States, an arbitral 

tribunal established under the SLA 

determined in March 2008 that Canada 

had breached certain SLA obligations. 

In February 2009, the tribunal issued a 

remedy award instructing Canada to 

collect an additional 10 percent ad 

valorem export charge on softwood 

lumber shipments from Ontario, 

Quebec, Manitoba, and Saskatchewan, 

until an entire amount of CDN $68 

million has been collected. Canada did 

not begin collecting the additional 

export charge. In April 2009, the United 

States Trade Representative (‘‘Trade 

Representative’’) initiated an 

investigation under Section 302 of the 

Trade Act of 1974, as amended (‘‘Trade 

Act’’). In that investigation, the Trade 

Representative determined that 

Canada’s failure to implement the 

tribunal’s remedy award had the effect 

of denying U.S. rights under the SLA; 

and, pursuant to Section 301 of the 

Trade Act, the Trade Representative 

imposed 10 percent ad valorem duties 

on imports of softwood lumber products 

subject to the SLA from the provinces of 

Ontario, Quebec, Manitoba, and 

Saskatchewan (the April 2009 action). 

Under the April 2009 action, the duties 

are to remain in place until such time 

as the United States collects $54.8 

million, the U.S. dollar equivalent of 

CDN $68 million at the time. The 

Government of Canada, however, has 

now adopted its own measures to 

address Canada’s breach of the SLA. In 

particular, Canada will begin collection 

of an additional 10 percent charge on 

exports of softwood lumber products 

from the provinces of Ontario, Quebec, 

Manitoba, and Saskatchewan, which 

will be effective with respect to 

softwood lumber products with a 

shipment date of September 1, 2010 or 

later. Per an understanding between the 

Governments of the United States and 

Canada, Canada will collect the 

additional 10 percent charge on exports 

until the total of the amounts collected 

under the U.S. import duty and the 

Canadian charge on exports is equal to 

CDN $68 million. The Trade 

Representative has determined that 

Canada’s measures satisfactorily grant 

the rights of the United States under the 

SLA. Accordingly, the Trade 

Representative has modified the April 

2009 action by removing the 10 percent 

ad valorem duties on imports of 

softwood lumber products subject to the 

SLA from the provinces of Ontario, 

Quebec, Manitoba, and Saskatchewan, 

effective with respect to imports with a 

shipment date of September 1, 2010 or 

later. 

DATES: The modification of the April 

2009 action is effective with respect to 

imports of softwood lumber products 

subject to the SLA from the provinces of 

Ontario, Quebec, Manitoba, and 

Saskatchewan with a shipment date of 

September 1, 2010 or later. 

FOR FURTHER INFORMATION CONTACT: John 

Melle, Deputy Assistant USTR for the 

Americas, (202) 395–3412, or Suzanne 

Garner, Assistant General Counsel, (202) 

395–9663, for questions concerning the 

enforcement of U.S. rights under the 

SLA; Heather Sykes, Chief, Trade Policy 

Branch, U.S. Customs and Border 

Protection, Department of Homeland 

Security, (202) 863–6099, for questions 

concerning entries of softwood lumber 

products, or William Busis, Chair of the 

Section 301 Committee and Deputy 

Assistant USTR for Monitoring and 

Enforcement, (202) 395–3150, for 

questions concerning procedures under 

Section 301. 

SUPPLEMENTARY INFORMATION: 

A. Enforcement of U.S. rights under the 

SLA 

For further information concerning 

U.S. rights under the SLA and the April 

2009 action, see Initiation of Section 

302 Investigation, Determination of 

Action Under Section 301, and Request 

for Comments: Canada—Compliance 

With Softwood Lumber Agreement, 74 

FR 16,436 (April 10, 2009) (notice); 74 

FR 17,276 (April 14, 2009) (annex). 

B. Canada’s Measures Addressing the 

Breach of the SLA 

Canada has adopted measures to 

comply with the February 2009 remedy 

award by imposing a 10 percent export 

charge on exports of softwood lumber 

products subject to the SLA from the 

provinces of Ontario, Quebec, Manitoba, 

and Saskatchewan. Canada enacted the 

necessary legislation, in the form of an 

amendment to the Softwood Lumber 

Products Export Charge Act, 2006, with 

parliamentary approval and royal assent 

on July 12, 2010. On August 4, 2010, 

Canada issued an Order in Council 

setting September 1, 2010 as the date to 

begin imposing the 10% charge on 

shipments of softwood lumber products 

from the provinces of Ontario, Quebec, 

Manitoba, and Saskatchewan. 

Per an understanding between the 

Governments of the United States and 

Canada, Canada will collect the 

additional 10 percent charge on exports 

until the total of the amounts collected 

under the U.S. import duty and the 

Canadian charge on exports is equal to 

CDN $68 million. The understanding 

also provides for the United States and 

Canada to exchange information on the 

ongoing amounts collected under the 

U.S. import duty and the Canadian 

charge on exports. 

C. Public Comment 

In May 2010, the Section 301 

Committee invited comments from 

interested persons with respect to the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices 53015 

possible modification or termination of 

the April 2009 action in the event the 

Government of Canada adopted a law 

imposing an additional 10 percent 

export charge on softwood lumber 

products from the provinces of Ontario, 

Quebec, Manitoba, and Saskatchewan. 

See 75 FR 30097 (May 28, 2010). 

D. Modification of April 2009 Action 

Section 307 of the Trade Act 

authorizes the Trade Representative to 

modify or terminate an action taken 

under Section 301 if, among other 

things, ‘‘the foreign country is taking 

satisfactory measures to grant the rights 

of the United States under a trade 

agreement.’’ Sections 301(a)(2)(B)(i) and 

307(1)(A). Pursuant to the 

recommendations of the Trade Policy 

Staff Committee and the Section 301 

Committee, and taking account of the 

comments received in response to the 

May 2010 notice, the Trade 

Representative has determined: (1) That 

Canada’s adoption of the July 2010 

amendment to the Softwood Lumber 

Products Export Charge Act, 2006, and 

the August 2010 Order in Council 

constitute ‘‘satisfactory measures’’; and 

(2) to modify the April 2009 action by 

removing the 10% import duty on 

entries of softwood lumber products 

from the provinces of Ontario, Quebec, 

Manitoba, and Saskatchewan with a 

shipment date of September 1, 2010 or 

later. In order to prevent any gap in 

collection of the charge, the 10% import 

duty will continue to apply to entries 

after September 1, 2010 with a shipment 

date of August 31, 2010 or earlier. 

In accordance with the Trade 

Representative’s determination to 

modify the April 2009 action, and 

effective with respect to articles entered, 

or withdrawn from warehouse for 

consumption, on or after September 1, 

2010, U.S. Note 13 to subchapter III of 

chapter 99 of the Harmonized Tariff 

Schedule of the United States (HTS) is 

modified by deleting subdivision (i) and 

inserting the following new subdivision 

in lieu thereof: 

‘‘(i) The additional duties provided for in 

subheading 9903.53.01 shall apply to articles 

entered, or withdrawn from warehouse for 

consumption, on or after September 1, 2010, 

if the Canadian export permits associated 

with the entries display a shipment date 

prior to September 1, 2010. The additional 

duties provided for in subheading 9903.53.01 

shall not apply to articles entered, or 

withdrawn from warehouse for consumption, 

on or after September 1, 2010, if the 

Canadian export permits associated with the 

entries display a shipment date of September 

1, 2010 or later.’’ 

E. Section 306 Monitoring 

Pursuant to Section 306(a) of the 

Trade Act, the Trade Representative will 

continue to monitor the implementation 

of Canada’s measures imposing a 10 

percent export charge on exports of 

softwood lumber products subject to the 

SLA from the provinces of Ontario, 

Quebec, Manitoba, and Saskatchewan. 

Pursuant to Section 306(b), if the Trade 

Representative considers that Canada is 

not satisfactorily implementing these 

measures, the Trade Representative will 

determine what further action to take 

under Section 301. 

William L. Busis, 

Chair, Section 301 Committee. 

[FR Doc. 2010–21486 Filed 8–27–10; 8:45 am] 

BILLING CODE 3190–W0–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending August 14, 

2010 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et. 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2010– 

0202. 

Date Filed: August 9, 2010. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: August 30, 2010. 

Description: Application of Gama 

Aviation Limited requesting a foreign 

air carrier permit and exemption 

authority to engage in charter foreign air 

transportation of persons, property and 

mail to the full extent authorized by the 

Air Transport Agreement between the 

European Community and its Member 

States, and the United States: (i) From 

any point or points behind any Member 

State of the European Union via any 

point or points in any Member State and 

via intermediate points to any point or 

points in the United States and beyond; 

(ii) between any point or points in the 

United States and any point or points in 

any member of the European Common 

Aviation Area; and (iii) other charter. 

Docket Number: DOT–OST–2007– 

26980. 

Date Filed: August 11, 2010. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: September 1, 2010. 

Description: Application of Jade Cargo 

International Company Limited 

requesting an amendment of its pending 

application for a foreign air carrier 

permit and requests an exemption 

authorizing it to engage in: (1) 

Scheduled foreign air transportation of 

property and mail from any point or 

points in the People’s Republic of 

China, via any intermediate points, to 

any point or points in the United States 

open to scheduled international 

operations, and beyond to any points 

outside the United States; (2) charter 

foreign air transportation of property 

and mail from any point or points in the 

People’s Republic of China, on the one 

hand, and any point or points in the 

United States, on the other hand; and (3) 

other charters. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. 2010–21508 Filed 8–27–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0242] 

Public Listening Session 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Announcement of public 

listening session; request for comment. 

SUMMARY: FMCSA announces it will 

hold a public listening session to solicit 

input on key challenges facing the 

motor carrier industry, issues facing 

stakeholders, and concerns that should 

be considered by the Agency in 

developing its next 5-year Strategic 

Plan. FMCSA invites interested persons 

to participate in this important 

opportunity to help build FMCSA’s next 

strategic plan. This notice also invites 

written comments, suggestions, and 

recommendations from all individuals 

and organizations on FMCSA’s mission, 

vision, and strategic objectives (goals) 

for the plan. 


jlentini on DSKJ8SOYB1PROD with NOTICES