75854 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Notices 

13 17 CFR 200.30–3(a)(12). 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

BX–2014–059 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–BX–2014–059. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., 

Washington, DC 20549, on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of such 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–BX– 

2014–059 and should be submitted on 

or before January 9, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–29698 Filed 12–18–14; 8:45 am] 

BILLING CODE 8011–01–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 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

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 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, 2015. 

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) 

395–6127 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 

an amount equal to the lesser of Chile’s 

trade surplus or the specific quantity set 

out in that note for that calendar year. 

U.S. Note 12(c) to subchapter XI of 

HTS chapter 99 provides preferential 

tariff treatment for certain sugar and 

syrup goods and sugar-containing 

products of Chile entered under 

subheading 9911.17.10 through 

9911.17.85 in an amount equal to the 

amount by which Chile’s trade surplus 

exceeds the specific quantity set out in 

that note for that calendar year. 

During calendar year (CY) 2013, the 

most recent year for which data is 

available, Chile’s imports of sugar and 

syrup goods and sugar-containing 

products described above exceeded its 

exports of those goods by 413,505 

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 2015. 

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 

amount of Morocco’s trade surplus, by 

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Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Notices 75855 

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 2013, 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 917,485 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. (HS subheading 

1701.11 was reclassified as 1701.13 and 

1701.14 by Proclamation 8771 of 

December 29, 2011, 77 FR 413.) 

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 2013, 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 185,982 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 185,982 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 2015 

is 12,980 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 2015 is 12,980 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 2015). 

During CY 2013, 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 

89,483 metric tons according to data 

published by the INAZUCAR; National 

Statistics Office (ONE); National 

Direction of Customs (DGA). Based on 

this data, USTR determines that the 

Dominican Republic’s trade surplus is 

89,483 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 2015 is 

11,800 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 

2015 is 11,800 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 

2015). 

During CY 2013, 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 347,942 

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 

347,942 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 2015 is 32,240 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 

2015 is 32,240 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 2015). 

During CY 2013, 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 1,864,408 metric tons 

according to data published by the 

Asociacio ́n de Azucareros de 

Guatemala (ASAZGUA). Based on this 

data, USTR determines that Guatemala’s 

trade surplus is 1,864,408 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 2015 is 

43,680 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 2015 is 43,680 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 2015). 

During CY 2013, 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 73,807 metric tons 

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75856 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Notices 

according to data published by the 

Central Bank of Honduras. Based on 

this data, USTR determines that 

Honduras’ trade surplus is 73,807 

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 2015 is 9,440 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 2015 is 

9,440 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 2015). 

During CY 2013, 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 318,531 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 318,531 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 2015 is 

25,960 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 2015 is 25,960 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 2015). 

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. (HS 

subheading 1701.11 was reclassified as 

1701.13 and 1701.14 by Proclamation 

8771 of December 29, 2011, 77 FR 413.) 

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 2013, the most recent year 

for which data is available, Peru’s 

imports of the sugar goods described 

above exceeded its exports of those 

goods by 80,808 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 2015. 

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. 

(HS subheading 1701.11 was 

reclassified as 1701.13 and 1701.14 by 

Proclamation 8771 of December 29, 

2011, 77 F R 413.) 

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 2013, 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 296,515 metric tons 

according to data published by Global 

Trade Atlas. Based on this data, USTR 

determines that Colombia’s trade 

surplus is 296,515 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 2015 is 

52,250 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 2015 is 52,250 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 2015). 

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. 

(HS subheading 1701.11 was 

reclassified as 1701.13 and 1701.14 by 

Proclamation 8771 of December 29, 

2011, 77 FR 413.) 

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 2013, the most recent year 

for which data is available, Panama’s 

imports of the sugar and syrup goods 

and sugar-containing products 

described above exceeded its exports of 

those goods by 1,158 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 negative. 

Therefore, in accordance with U.S. Note 

35(c) to subchapter XII of HTS chapter 

98, goods of Panama are not eligible to 

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Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Notices 75857 

enter the United States duty-free under 

subheading 9822.09.17 in CY 2015. 

Darci L. Vetter, 

Chief Agricultural Negotiator, Office of the 

U.S. Trade Representative. 

[FR Doc. 2014–29786 Filed 12–18–14; 8:45 am] 

BILLING CODE 3290–F5–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Dockets DOT–OST–1997–3017 and DOT– 

OST–1997–3113] 

Notice of Sky King, Inc. To Resume 

Operations 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2014–12–8). 

SUMMARY: The Department of 

Transportation is directing all interested 

persons to show cause why it should 

not issue an order finding Sky King, 

Inc., a U.S. citizen and fit, willing, and 

able to resume interstate and foreign 

charter air transportation of persons, 

property, and mail. 

DATES: Persons wishing to file 

objections should do so no later than 

December 19, 2014. 

ADDRESSES: Objections and answers to 

objections should be filed in Dockets 

DOT–OST–1997–3017 and DOT–OST– 

1997–3113 and addressed to the 

Department of Transportation, Docket 

Operations, 1200 New Jersey Avenue 

SE., West Building Ground Floor, Room 

W12–140, Washington, DC 20590 and 

should be served upon the parties listed 

in Attachment A to the order. 

FOR FURTHER INFORMATION CONTACT: 

Damon D. Walker, Air Carrier Fitness 

Division, (X–56, Office W86–469), U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, (202) 366–9721. 

Dated: December 12, 2014. 

Susan L. Kurland, 

Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. 2014–29735 Filed 12–18–14; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2014–0025] 

Notice of Proposed Buy America 

Waiver for Track Turnout Components 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of proposed Buy America 

waiver and request for comment. 

SUMMARY: The Federal Transit 

Administration (FTA) is providing 

notice of a request from the New York 

Metropolitan Transportation Authority’s 

Long Island Rail Road (LIRR) to waive 

Buy America requirements for the 

purchase of components of high-speed 

track turnouts that do not meet FTA’s 

Buy America requirements. The LIRR 

submitted the request in connection 

with three projects: (1) LIRR’s 2015 

State of Good Repair Program; (2) the 

East Side Access Project; and (3) LIRR’s 

Jamaica Capacity Improvement Project. 

Pursuant to 49 U.S.C. 5323(j)(3)(A), FTA 

is providing notice of the waiver request 

and is seeking public comment before 

deciding whether to grant the request. If 

granted, the waiver would apply only to 

the FTA-funded procurements in LIRR’s 

2015 State of Good Repair Program, the 

East Side Access Project, and LIRR’s 

Jamaica Capacity Improvement Project, 

and only to the procurement of 

components—the turnouts will be 

manufactured in the United States. 

This proposed Buy America waiver 

does not include the turnout 

components for the Northeast Corridor 

Congestion Relief Project at Harold 

Interlocking, which is being addressed 

in a separate waiver request published 

by the Federal Railroad Administration 

(FRA), as FRA funds are being used for 

that project. 

DATES: Comments must be received by 

January 20, 2015. FTA will consider 

late-filed comments to the extent 

practicable. 

ADDRESSES: Please submit your 

comments by one of the following 

means, identifying your submissions by 

docket number FTA–2014–0025: 

1. Web site: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the U.S. Government electronic 

docket site. 

2. Fax: (202) 493–2251. 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001. 

4. Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

make reference to the ‘‘Federal Transit 

Administration’’ and include docket 

number FTA–2014–0025. Due to the 

security procedures in effect since 

October 2011, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties making submissions 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. Note that all submissions 

received, including any personal 

information therein, will be posted 

without change or alteration to http://

www.regulations.gov. For more 

information, you may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published April 11, 

2000 (65 FR 19477), or you may visit 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard L. Wong, FTA AttorneyAdvisor, at (202) 366–4011 or 

Richard.Wong@dot.gov. 

SUPPLEMENTARY INFORMATION: FTA seeks 

comment on whether it should a grant 

a non-availability waiver for LIRR’s 

procurements of turnouts needed for 

LIRR’s 2015 State of Good Repair 

Program, the East Side Access Project, 

and LIRR’s Jamaica Capacity 

Improvement Project, which are 

utilizing FTA funding. 

With certain exceptions, FTA’s Buy 

America requirements prevent FTA 

from obligating an amount that may be 

appropriated to carry out its program for 

a project unless ‘‘the steel, iron, and 

manufactured goods used in the project 

are produced in the United States.’’ 49 

U.S.C. 5323(j)(1). A manufactured 

product is produced in the United 

States if: (1) all of the manufacturing 

processes for the product take place in 

the United States; and (2) all of the 

components of the product are of U.S. 

origin. 49 CFR 661.5(d). A component is 

of U.S. origin if it is manufactured in the 

United States, regardless of the origin of 

its subcomponents. 49 CFR 661.5(d)(2). 

If FTA determines that ‘‘the steel, iron, 

and goods produced in the United 

States are not produced in a sufficient 

and reasonably available amount or are 

not of a satisfactory quality,’’ then FTA 

may issue a non-availability waiver. 49 

U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). 

LIRR is requesting a non-availability 

waiver for its procurement of turnouts 

needed for LIRR’s 2015 State of Good 

Repair Program, the East Side Access 

Project, and LIRR’s Jamaica Capacity 

Improvement Project. The turnouts 

consist of multiple components, 

including Schwihag roller assemblies, 

Schwihag plates, ZU1–60 steel switch 

point rail sections, and movable point 

frogs, which LIRR asserts are not 

available and are not manufactured in 

the United States. The turnouts 

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